47 MEMORIAL DRIVE - ZBA Y
ZBA ACTION FORM
IBOARDMEMBERS' _ MOTION1 =SECOND; :VOTE;
Date: 1 b 20 13
Richard Dionne
Petitioner: 17YaVL0S Mike Duffy
.6dmie Harris
Address: 4pyybo,(-W T-tv-e— Tom Watkins
-4 (Y(
Jimmy Tsitsinos (Alt.)
Total:
Conditions:
.Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
❑ All construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
❑ All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
❑Petitioner shall obtain a building permit prior to beginning any construction.
❑Exterior finishes of the new construction shall be in harmony with the existing structure.
❑A Certificate of Occupancy is to be obtained.
❑A Certificate of Inspection is to be obtained.
❑ Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
2�Zetitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not
limited to, the Planning Board.
❑Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an
extent of more than fifty percent(50%) of its floor area or more than fifty percent(50%) of its replacement
cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty
percent(50%) of its replacement cost or more than fifty percent (50%)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
v��CON61T,t�oi
CITY OF SALEM MASSACHUSETTS
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O BOARD OF APPEAL
9
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KlatB6RLeY DRIsCot.l. Trl.r::978-745-9595 . FAX: FILE 0
�L roit CITY CLERK, SALEM, MASS,
October 29, 2013
Decision
City of Salem Board of Appeals
Petition of MARC TRANOS requesting Variances under Section 5.1 Off-Street Parking of the Salem
Zoning Ordinance to grant relief from: the maximum allowed entrance and exit drive width of 20
feet,prohibition of parking spaces within 5 feet of the street line, and encroachment upon the
required 2 foot minimum setback of a parking lot and associated entrance and exit drives from all lot
lines at 47 MEMORIAL DRIVE (R1 Zoning District).
A public hearing on the above Petition was opened on October 16, 2013 pursuant to M.G.L Ch. 40A,
The hearing was closed on that date with the following Salem Board of Appeals members present: Mr. Duffy
(acting Chair), Mr. Dionne, Mr. Watkins, and Mr. Tsitsinos.
The Petitioner seeks Variances from Section 5.1 QY--Street Parking of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped September 25, 2013, the Petitioner requested Variances to keep a newly-
constructed driveway in its current configuration, at the property located at 47 Memorial Drive.
2. Mr. Marc Tranos presented the petition for the property at 47 Memorial Drive.
3. Mr. Tranos stated that due to the topography of the site, rain water flows across the street and into
the front yard of 47 Memorial Drive. The rain water collects against the side of the house and seeps
through the foundation. Mr. Tranos consulted with various professionals about correcting this
situation, and was advised to adjust the height and pitch of the front yard to direct the rain water off
of the property,and to install an impermeable surface.
4. Mr. Trans and the Building Inspector each stated that Mr. Tranos had contacted the Building
Inspector regarding the project, and the Building Inspector had informed Mr. Tranos that the
Proposed project could be completed without seeking zoning relief. Mr. Tranos proceeded with the
project, and learned after construction was complete that zoning relief was in fact required.
5. The requested relief, if granted, would allow the Petitioner to keep his newly-expanded driveway in its
current configuration with: an entrance and exit drive width at the street lot line greater than the
maximum 20-foot width at the street lot line set in the Zoning Ordinance, a parking space within 4
feet of the street line, and the location of a parking lot and associated entrance/exit drives
immediately adjacent to the eastern lot line (at the property boundary shared with 49 Memorial
Drive).
6. At the public hearing, Mr. Tony Marfongelli of 49 Memorial Drive, Ms. Linda Morin of 44 Memorial
Drive, and Ms. Kimberly Smith of 45 Memorial Drive each posed questions on various aspects of the
project. Ms. Morin also mentioned her disapproval of the applicant proceeding with work prior to
obtaining the necessary permits. No written comments regarding the petition were received prior to
the public hearing.
City of Salem Board of Appeals
October 29,2013
Project: 47 Memorial Drive
Page 2 of 2
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
Provisions of the City of Salem Zoning Ordinance:
Findings:
1. The erosion of the front yard, caused by rain water overflow from the street onto the property, results
in pooling of water against the foundation of the house and intrusion of water into the basement of
the property. This creates a unique condition in which a literal enforcement of the Off=Street Patkiti;
requirements under the City of Salem's Zoning Ordinance, specifically the maximum allowed entrance
and est drive width at the street lot line of 20 feet, prohibition of parking spaces within 5 feet trance
the
street line, and encroachment upon the required 2 foot tninimutn setback of a parking lot and
associated entrance and exit drives from all lot lines, would be a substantial hardship to the appellant.
2. The desired relief may be granted without substantial detriment to the public good.
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Duffy—Acting Chair, Mr. Dionne, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed,
to approve the Variances from; the maximum allowed entrance and exit drive width at the street lot line of 20
feet to allow 33 feet, prohibition of parking spaces within 5 feet of the street line to allow a parking space .
within four (4) feet of the street lot line, and encroachment upon the required 2 foot minimum setback of a
parking lot and associated entrance and exit drives from all lot lines to allow no setback (0 feet) on the eastern
lot line only, subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
Nlike Duffy, Act(ng Act( Chair
Board of Appeals
A COPT OF THIS DECISION H.AS BEEN FILED WITH THE PUNNING BOARD AND THE CITY CLERK
Appealfrom this decision, if any, shall be made pursuant to.Section 17 of the rlfatraclrutettr Genera!Lawn Chapter 40A, and shall befiled within 20
drys of fling of this decieioo it, the o#iee of the City Clerk. Pursuant to the rbfassatbxretts Genera!Lams Chapter-FOA, Section 11, the 1,mane or
Special Permitgranted berein shall not take effect ,
a ropy of the deaseon bearing the cert0,ate of the City Clerk has been filed with the Fssex South
Registry of Deeds.
i
47 Memorial Dr. Salem, Massachusetts
Zoning Board of Appeals
October 16, 2013
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
0 PETITION FORM
CITY OF SALEM,MASSACHUSETTS
dna ; ' BOARD OF APPEALS
�Q 1113 SEP 25 A 9r 10a
120 WASHINGTON STREET,31iD FLOOR
SALEM,MASSACHUSETTS 01970 FILE #
" r CITY CLERK, SALEM. MASS.
Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641 /Fax:978-740-9846
KiMBERLEY DRISCOLL Daniel Sexton,Staff Planner
MAYOR Phone:978-619-5685/Fax:978-740-0404
TO THE BOARD OF APPEALS:
The Undersigned represent that he/she is/are the owners of a certain parcel of lanjd�located at:
Address: 41 MemorW Drive Zoning District: K
An application is being submitted to the Board of Appeal for the following reason(s):This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.)
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For this reason I am tequesting:
O Variance(s)from provisions of Section .rte-14of the Zoning Ordinance,specifically from m�n►�V
w i d l hcor� two wa �Ca \�. (i.e. minimum depth ofrearyard).
What is allowed is 7 e-'1<' (ft?sqft?stories? %?), and what I
am proposing is I i I f[e t (ft?sq ft?stories? %?).
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Are Lot Dimensions Included?(/Yes ( )No Why?
(Example:Two Family Home)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
CTfY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance.
( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
f) Potential fiscal impact,including impact on City tax base and employment.
( ) Forall Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.406§ 20-23,
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious•applications to the petitioner or his
representative. - ' ' " -- •
� TQIf different from petitioner.
�i,,/'7 6
Petitioner: Io1UGs Property Owner:
Address: Me✓ #r 0 D i'L, Address:
Telephone: Telephone:
Email: Email:
Signature: Signature:
(Attached consent letter is also acceptable)
Date: Date:
If different from petitioner:
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
47 Memorial Drive
Statement of Hardship
10-16-13
Special conditions and circumstances that especially affect the land
After years of settlement,the land in front of my house eroded into a semi-sink bowl creating a
drainage problem. Any rain water would not have the pitch to flow into the street to the city
sewer drainage system. Instead,the water would flow back towards the house, gathers against
the foundation, and end up leaking in the basement. In speaking to a foundation water proofer
about how to stop the water from leaking into the basement he told me this will be difficult
because of the height of the sideway which has been elevated because a tree on city property
roots has up rooted the side walk increasing its elevation. So to allow the water to drain out of
the front yard to the foundation water proofer suggest that I talk to a mansion about re-grading
the front yard to increase the pitch of the front yard allowing water to flow into the street. I spoke
to a mason about re-grading and he told me since the foundation only sit 10 inches above grade
and that code is 8 inches from that ground this restricts the point to start the pitch. He suggested
that I place granite curbing in front of the house which will increase the height allowing for
proper pitch to have the water flow out to the street while maintaining proper sill height to
comply with the building code. I told the mason that I was planning on planting grass in the front
yard and he told me that grass will absorb some of the water will leak to through causing the
same pooling effect against the foundation. During the conversation the mason noted the lack of
parking that property had and suggested that I install a circular driveway in front of the house.
..71
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REFERENCES
DEED BK. 32,389 PG. 139 - POOL LPIN
PLAN BK. 77 PL #10 Z 77 (SET)
ZONING DISTRICT R-1 9 1
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PAVERS ac
. . . . . EXISTING DRIVE. .
PAVERS . . . . . . . . . . . . . . . .
OVER FRONTAGE 60.0' PK NAI
0.44' L�23.40 . 36.60 . . (SET)
R=337.97 S75°13'04' W
X-MARK 3.3' — 150.0' to
(SET) E. DRIVE TO D.H.-FD.
LOT COR E. DRIVE MEMORIAL DR.
GRAPHIC SCALE (50' WIDE)
10 0 5 10
IN FEET PL 0 T PLAN
1 inch = 10 ft. for
.I CERTIFY THAT THE BUILDING AND TRANOS RESIDENCE
SITE FEATURES SHOWN HAVE BEEN at
LOCATED FROM INSTRUMENT SURVEY
AND THAT PROPERTY ONES HAVE BEEN 47 MEMORIAL DR.
DETERMINED FROM DEEDS AND PLANS
OF RECORD. SALEM, MA
0.6 OF B
jpo�v WRIJAMCerin NATIVE LANDSCAPES
DONT EMOM i� 31 MUNROE ST. LYNN, MA 01901 (617) 437-6461
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�¢? SHEET NO: 1 OF 1 DATE : 9/23/2013 JOB NO: 565
23 %3 DRAWN BY: T.F.S./W.R.D.