21 PARALLEL STREET - ZBA (2) 21 PARALLEL STREEET
LEONIDAS PHILIPEDES
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DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES
GRANTED TO 21 PARALLEL STREET (R-C) , OWNED BY LEONIDAS PHILIPEDES
At a hearing held July 17, 1996, the Board of Appeal voted unanimously,
5-0, to allow a six (6) month extension for Variances granted originally
for front yard setback to construct a single family dwelling. Said
extension shall be up to and including January 25, 1997.
A copy of the original decision have been filed with the Planning Board and
with the Citv Clerk.
Gary Barrett. Chairman
Board of Appeal
10/12"3` 11.58 lrist 327
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aitu of "Salem; �assttc steA5 ' ='
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4� °4 DECISION OF THE PETITION OF LEONIDAS PHILIPEDES REQUESTING AUG 01 )i1 y�
\\ \ A VARIANCE FOR THE PROPERTY LOCATED AT 21 PARALLEL STREET (R-CDD I Y , ; ,�, ; . HASS
V ('; f 1wf 01 r If.F
A hearing on this petition was held July 26, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Arthur LeBrecque. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, owners of the property request a Variance from front yard
setback to construct a single family dwelling for the property located at
21 Parallel Street (R-C)
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
a involve .substantial hardship, financial or otherwise, to the petitioner.
,,,,a at 3. Desirable relief may be granted without substantial detriment to the
=� public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner's property encompasses a 9,460 sq. ft. pond, and it borders
a protected wetland on two sides. Petitioner proposes to build a
single family house on the site.
2. To meet the fifteen-foot setback requirement of the zoning ordinance,
the proposed dwelling would encroach upon a 12 ft. buffer zone
J ., `' extending outward from the wetlands outer edge.
3. Petitioner requests a variance to allow the dwelling to be situated
nine feet from the roadway, to permit a greater distance between the
wetland and the rear of the dwelling.
4. Petitioner submitted a Notice of Intent from the Salem Conservation
Commission, approving the proposed dwelling on the site requested.
5. Ms . Cara Coddens, an abutter,opposed the granting go the variance on
the grounds that the proposed building would destroy an area of
remaining wetland, and also because the granting of the variance would
significantly reduce her privacy.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF LEONIDAS PHILIPEDES FOR A VARIANCE
FOR THE PROPERTY LOCATED AT 21 PARALLEL STREET (RC)
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4 in favor, 1 opposed to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering for the Mit of Salem
Assessors office and shall display said number so as to be visible from
the .street.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted / � p
July 26, 1995 ///� 11"U
(rfU,;;t �=
Nina Cohen, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied .is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of Title.
t9 OCT 11 1.995
Board of Appeal
I hereby certify that 20 days have expired
from the date this instrument was received,
and that NO APPEAL has been flied in this
office.
Yom;'\. ........ . ...
.' '• , Jam'
A True Copy/
ATTEST; CITY CLERK, S-3;1!w, tAass
H4ZA
HANCOCK
SURVEY ASSOCIATES
#5290
June 21,,1996
Chairman, Board of Appeal
One Salem Green
Salem, MA 01970
Dear Mr. Chairman:
Please accept this application for extension of the attached variance, granted at a hearing held on
July 26, 1995. The requested extension would allow exercise of the variance for a period of
six(6) months from the effective date of extension.
The petitioner, Leonidas Philipedes, wishes to proceed with development of his property in
accordance with an Order of Conditions issued by the Salem Conservation Commission and a
special permit granted by the Salem Planning Board, pursuant to provisions of state and local
wetlands regulations.
It is my understanding that it will be necessary to advertise this hearing. A check in the amount of
$121.26,payable to the Salem Evening News, has been submitted with this request.
Thank you for your attention to this matter.
u
Very truly yours,
HANCOCK SURVEY ASSOCIATES INC. ' ^'
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Prog*iLand Surveyor ', --0
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encl: variance
cc: L. Philipepes
R. Leonard
JGD5290
235 Newbury Sam•Route 1 North•Danvers,MA 01923•(508)777-3050•(508)352-7590•(508)283-2200•(617)662-9659•FAX(508)774-7816
DATE OF HEARING
PETITIONER
LOCATION ^�
MOTION: TO GRANT SECOND L� AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT v/
ALBERT C. HILI -
latitie. /
NINA V. COHEN
ASSOCIATE MEMBERS
ARIPHUR /
JOSEPH J.YWUC I/
CONDITIONS:
\zbaform\
ELEVATION BENCH MARKS LEGEND
FAt,o DATUM.• NA ONAL ;GEODE77C VERTICAL=.DATUM OF 1929
DESCR/PT/ON ELEV. IX956EX/ST/NG PROPOSED
OF /2 fT2ELEVA77ON CONTOUR
DOWNSTREAM RIM OF S.M.H 13.04 ' q5
P`AN //x4 /4x SPOT ELEVAT/ON J�
2 DOWNSTREAM R/M OF S,M,H. /3,89 / FROG
MERIDIAN �-c8-� VEGETATED E496C OF OWETLANO
WF A4 W/ FLAG NUMBER 8
ELEVAr/ON V
TP O' HYDRIC SOIL TESr
P/r LOCATION �A fpQAO pP g
SEWER L/NE 8
MANHOLE Kp 10 (�
e
r c W WATER LINE 5 0
--,moo ANTONIO B DARLENE MARIE B DO WG WArER 64rE
P
o STEVE B CARR BEATR/Z PETER ROBERT D/RECT/ON OF SURFACE P r� LL �P
ARK J 8 "✓UU//!Y LOMBARD
CODDENS DECAMARGO RAYMOND ..�" RUNOFF � GOP/n/G AVE
S.M.H,
\ '� TILITY RIM EL. /3.24 SILT FENCE BARRIER
• /NV, EL. 5.98 0
POLE
-o /00' WETLAND BUFFER
—�— c—x c- - --cx--� ZONE o L
SMH CHA/N LINK FENCE- /4 ---- ---- W _ p UTILITY POLE
F RIMEL. /3,04 S,M,H. �� ^, �'j4 —'� —u WG /4 — - - -- ._ �Z`
e' INV. EL. 6,95 RIM EL, /3,24 EDGE OF R41/ j o _ e B./Y12 O
I -- SMH AN PARALLEL Sr) o 9v
INV. EL 6.63 - — — — -/4
_ �- R/M EL. /3.89
- ---e - -----x ----^-----b-----x---- ^=----_y ^----- ----^- ---" -- S 12" PVC FLOW —y INV, EL. 5,40 �l?
S EDGE OF GRAVEL ROAD S —__ -- __=====5--- __"— _-- —=5 === _
__= S -- S
o • 13x1 ✓EFFERSON AVE. L OCUS MAP SCALE /"_ /000'
h Q OVERPASS ABOVE
PARALLEL (40' WIDE) 9' SE"rQK DErERM/NEO AS PARALLEL STREET -
-- AVERAGE SETBACK OF ALL STREET °
HOUSES
ON PARALLEL Sr• O ASSESSORS.' MAP 23, PARCEL 228
——
_ 313'(REGI
—— —— —— .• • • I2x .�.. I2 NG' RESIDENT/A CONSE VAT/ON
TOTAL ASSESSED LOT AREA ° 11x4 �ix .• •• 1/xe
��,,✓✓ 5 ZONING., L R
„ E• ro _... 50 (W TLANDS OVERLAY)
40,320.t S.F. E
. lu LOT AREA EXCL UD/NG POND /Z_� ,, PROMINENT
N REFERENCES:
TP D' a PROPOSED DWELL/NG
O = 0,860—t S. +��/ TREE 10x3 ` • SLAB EL. /4.7 DEED BOOK 5295, PAGE 85
b
v (TYPI 9x3
V r7x7 TP F' x3 `� o ( PLAN FILED IN DEED BOOK /398, PAGE /
WF
a/ �Br/ WF a4 `7x8 22' 28' `((
a v - WF#2 r0 3 WF mS `JJ NOTES..
D ELEVAT/ONS SHOWN ARE ON N.G, V. DATUM OF 1929,
Q WF a3
_ TP B I Q` 2/ PROPOSED BUILDING W14L BE CONNECTED rO TOWN SEWER
TP G' -- — 1 r1�A' TP C' aWF /0x2 / ' \ AND WATER.
8x5 \ yQ• 3) SITE IS LOCATED WITHIN FEMA FL 000 ZONE B. SEE FIRM
V, PANEL 250102, DATED AUGUST 5, 1985.
4) ALL DISTURBED AREAS SHALL BE LANDSCAPED ANO SEEDED
OR MULCHED.
7,6-y WF#7 ^ �G\ \�\�� !\ 5) ALL FEATURES SHOWN ARE EXISTING UNLESS NOTEO AS
\ \ lI \ PROPOSED.
6) UTILITIES ARE SHOWN HEREON FROM SURFACE DETAIL ONLY
AND ARE APPROX/MATE, OTHER SUBSURFACE UTILITIES MAY
EXIST. 7RE CONTRACTOR SHALL NOT/FY 'VIG-SAFE" AT
�1 V 1-800-322-4844 AT LEAST 72 HOURS PRIOR TO
7x8 WF#6 � \\ (O o COMMENCEMENT OF CONSTRUCT/ON.
7) THIS PLAN WAS PREPARED TO ACCOMPANY A NOrICE OF
POND r �O INTENT FILED WITH THE SALEM CONSERVA77ON COMMISSION
AND MASSACHUSETTS DEPARTMENT OF ENV/RONMENTAL
(LOCATION FROM CITY OF SALEM I a PROTECTION.
PHOTOGRAMMETRYJ 1 �/` 8) PROPOSED UTILITY CONNECTIONS SHALL BE PER CITY OF
OBSERVED WATER ELEVATION 7.5 ON 7x5,y WFA.g \ �"� ! SALEM SPECIFICATIONS.
APRIL /, /995
9) CONTOUR /NTERVgL EQUALS TWO FEET.
\ 7x8 p J o /Ol/ THE HOUSE S/TING SHOWN HEREON WILL REOUIRE ZONING
264'(REC,) 80ARO OF APPEALS REL/EF FROM THE FRONrAGE SETBACK
REOU/REMENT OF 15 FEET.
��— WF#/0
APPROXIMATE
L OCA TION OF
TRIPLE 36"
\ CUL VERT
TYLER (40• mov ROAD �_� 4' HIGH FENCE POST
FLOW ( 10 APART MAX)
GEOFAB SILT
FENCE OR EQUAL
DIRECTION OF
RUNOFF FLOW
BACKFILL EXIST. GROUND
10HN J• 8 CAROL T. CORR/VEAU - p _ - - 12
✓DAN M. RABY 6" DEEP TRENCH'
BEAUPRE
REALTY / 6/28/95 HOUSE LOCATION 8 GRADING (SEE NOTE A'/Ol PHO VVT
TRUST N0. DATE REVISION BY APPR,
SILT FENCE DETAIL PERMIT SITE' PLAN
N.T. S. AT
INSTALLATION SEQUENCING 2/ PARALLEL STREET
I, DIG TRENCH 6" DEEP. IN
2. SET FENCE POST 10' APART MAX., AT SALEM, MA
SLIGHT ANGLE TOWARD RUNOFF DIRECTION.
3. ATTACH GEOFAB TO POST. OWNER B APPLICANT,
4, LOWER 6" OF GEOFAB IN TRENCH CURLED LEON/DAS PH/L/PEDES
TOWARD RUNOFF DIRECTION 8 BACKFILL. 245 NORTH STREET
5, FENCE TO BE INSTALLED AT TOE OF SLOPE. SALEM MA
SCALE, r= 20' DATE MAY 4, 1995
HANCOCK ENVIRONMENTAL CONSULTANTS
235 NEWBURY STREET DANVERS MA 01923
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F�.0 3 026 I ;DES/GNED BY.• P.H.D. PROJECT
- SHEET
' SCALE /"=20' 6�' ,.< ,�vrs voQ a ._ DRAFTED BY L.A.K, NO
N� -< ` CHECKED .160, W.✓.M., V. V. T. OF
ISA !AL �
Y .160,o Io 20 40 eo L S �, j �f APPROVED BY W.✓.M. V. V. T. 5290
NOTICE OF INTENT - EXH/B/T A