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21 PARALLEL STREET - ZBA ' 21 PARALLEL STREET (RC) LEONIDAS PHILIPEDES I b Blit" of ttlem, Magwlr17UScite 3' 9 �e -6uttra of rAupezil DECISION OF THE PETITION OF LEONIDAS PHILIPEDES REOliESTING A VARIANCE FOR THE PROPERTY LOCATED AT 21 PARALLEL STREET fR-01J ': A hearing on this petition was held Culy 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 setbaci -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 involve substantial hardship, financial or otherwise, to the petitioner. 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 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 fRC) age 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. 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 July 26, 1995 ��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. Board of Appeal r DATE OF HEARING Ar l7 D PETITIONER LOCATION MOTION: TO GRANT SECOND 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 ALBERT C. HILL STEPHEN O'GRADY STEPHEN TOUCHETTE NINA V. COHEN ASSOCIATE MEMBERS ARTHUR LEBRECQUE CONDITIONS: 0 S �,/ �(l�� �('�.r� / Cr9nsfc•�tics_. ,� \zbaform\ G �J2 / r 310 CHI( 10.99 DEF FdcNO. 235 (To be pnerided by DFP) Form 5 Citylrwia SALEM App(mtLeonidac Phi Ii -As coamomrealth of Massachusetts order of Conditions Msssachuetts Wetlands protection Act G.L. c. 131# 540 SArFM rnuC£Rt ��03d COMMISSION Issuing Authority From �i4 SAME To Leonidas Ph ' T 't o (Name of property owner) (Name of Applicant) Address 45 North Street , Salem Address•- , This order is issued and delivered as follows: to applicant or rs resentative on (data) [3 by hand delivery PP P ® by certified mail, return receipt requested ou This project in located at 21 Parallel The property is recorded at the Registry of Essex Book 5 2 9 5 Page 8 5 certificate (if registered) N The Notice of Intent for this project was filed on May 91 1995 (date) The public hearing was closed on July 20 1995 (date) Findings _TM.,, COMMISSION has reviewed the she -referenced Notice of Intent and Pisna-� Ms hesM emtlte Vrelssa::Nssed(Mkthe (afo�t �(« tathaCOMMrS:crn,.s =•t._tAis heid • publicng" area-' tnprc,a L®ep�a"�e' ` ties, the COMMrc;Tnm hes-detersined:that the nen rKfeh<the<prspss� significen to Me following interests in accordance with the Presnsptiaes:of-Significance set fertit-In the regulations for each Aram S blect to Protection Under the Act (check as appropr' .tic water SUPPLY ood Control L ning sh Gprivate�rsud warraupplyy storm Plrevsnt of�polluticn Prtion otection of Wildlife i Habitat Total filing fee Stbmi tted 2 3 0 . 0 0 State Share 112 . 50 " (1/2 fee in excess of 525) City/Town Share 137 . 50 - Total Refuel Due S 250 . 00 City/Town Portion S 137 . 50 state PertiaMli =g (1/2 total) (1/2 total) Effective 11/10/89 5-1 Therefore, the Commies �n hereby finds that the following conditions are Therneceefore, the in accordance with the Performance standards set forth.'in'the regulations, to protect those interests checked above. The orders that all ll be performed in accordance with said conditions work shaabove. To the and with the Notice of intent refeter fromnthe plans, specifications orotherproposals ced conditions modify or submitted with the Notice of intent, the conditions shall control. Cenral conditions ted 1. Failure to comply with all cond.e:onsseat:hall hbe deemed dcause towith lrevoke ed statutes and other regulatory m or modify this order. 2. The order does notgrantany property rights or any exclusive privileges it does not authorize any injury to private property or invasion of privakte rights. 3. This order does not relieve the permittee or any other person of tbe ;-: 1 in with all other applYeable federal, stats necessity of comp Y -lawe or regulations. atatutee, ordinanese, 4. The work authorized hereunder shall be completed within three years from- the date of this order unless either of the following asprovidedy for in, .'. (a) the work is a maintenance dredging project Act: or the time for completion has been extended to ofromm thefied datedate of issuance than three at da, but less than fi Y and both that date and the special circumstances warranting the extended time period are get forth in this order. 5. This order may be oxtended by the issuing authority for one or more periods of uo to three yearprio=h top theon expiration date lication to hoflthe lo der. authority at least 30 days p 6. Any fill used in connection with this project shall be clean fnot ill, no trash, refuse, rubbish or debris, including pipe, tires, containingcar lathpaper, e wire, foregoing- ashes, to lumber, bricks, plaster, • or arta of any of the forego g ashes, refrigerators, motor vehicle P _..' 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal-.has.been filed, uaJ1W , , proceedings before the Department have been completed. been 8. No work shall be undertaken until ilath court Final fororder hdistras ictrinowhich in the Registry ected the land isinothecameofrecordedland, the within of ie of n thhe also property. s Grantor index under the name of the owner be noted in the Registry' of registeredpland, thetFinal order hallrk lalso be noted on e he the Land he land Court cd workciaeof to beitle done f the The rh ordinger of tinformatin°ehallcbethe- submitted to theCommi_ ss� i�°n the form at the end of this order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two, square feet or more than three square feet in size bearing the words, •Massachusetts DDeep 2 tment of Environmental Protection, File Number is roue —Liz- where this Departmention and to iaeuevars superseding order,onmentalnthe conservation sted to make a commission shall be a party to all agency proceedings and hearings before the Department. 5-2 i 11. upon completion of the work described hereicatein rtifhe applicant shallisaued forthwith request in writing that a stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: Plans: Title Dated signed and stamped by: on File with: Permit Site Pian a+ 21 _ _______ _ __ __ _ _n Sa em, MA, prepared by Hancock Encironmental Consultants 235 Ne burr c+ e. Ran_- - 01S a s ac av V. Talacko , PE . Dated May 4 , 1995 , revise June 28 , 1995 . Special conditions (use additional paper if necessary) See attached Special Conditions for R64-235 (Leave space Blank) . ... . . . . . . . . .. .. . . . .. .... . . . . .. . . . .. 5-3A Plana: Title Dated Signed and Stamped by: On File with: special conditions (d'se additional paper if necessary) rqo (Leave space Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3B issued By SA E-M cons on co sion -04- Si ature(9 v i I This order must be signed by a majority of the Conservation commission. on this 20th day of July lg q5 before me personallj+ appeared the Comm ' , to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. my commission expires Notary public The applicant, the orrrr, any person sarrieved by this order, any owner of lend abutting the lard upon which the proposed work is to be dans. or any ten residents of the city or town in which such lard is located, are uperseding hereby notified of their right to re�scertel4ted mo or hard deliveryDepartment of tothe oapartk Protection tment`swith the order, providing the request is aeda by (within ten days from the appropriate filing fee cad Fee Transmittal Form as provided in 310 of the request she!CMett9he3siine tine be.sant by certified dote of issuance of this determination. A copy mail or hard delivery to the Conservation Commission and the applicant. prior to coraaentseent of work. . Detach on dotted line and submit to the � -- ................ ....................................................... issuing Authority To S ION Please be advised that the order of Conditions for the prosect at I r p ' - �irrd File suaberra-)3ii_23 5 has been recorded at the Registry of has been rioted in the Main of title of the affected property in accordance with General Condition a on if recorded lard, the instrument nsrcar which identifies this transaction is If registered lard, the document ruiner which identifies this transaction is Applicant Signature 5-4A Issued by the Department of Environmental Protection signature on this day of 19 to me known to be before me personally appeared the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Not Public Pty commission expires efavd.iM the BeParaad/nB rOwnerorder, aOwner of land sbuttUlIlASWIS aare-NOW' The owt icant, the ver, any Peron aggt to G.L. e.30A 110A, arO'A.Bft r upon Which the prop esad nark is to,b. der. or airy ten praan Porous^ , notified of their right to raquesven-edjudie tory "arfro pursuant to B.L. c.30A, 510, providingn: request is sad* by cartfffed nil or hand delivery to the DepM day'. with the appropriate filltrr_. - Fee Transmittal Fors as provided in 310 CMR 10.03(7), within tan days frr the data of issuance of this . Superseding order, and is mddressed to: Docket Clark, Office of General Cassel. Department of Envi►areentat- Protection, One Winter Street, Boston, MA 02108. A Copy Of the request shall at the same time be,wrb.bYr? ..__.. Certified nail or had delivery to the Conservation Commission, the applicant, and any other partrr;:' Proetaice ofCC1 laimfor an Adjudadtor lHearing ainshell fogeellowiwith ng nthe O*t fwrtment's Rules for Adludicatery (a) the DEP wetlands File wwber, new of the applicant and address of the project; (b) the Complete new. address and telephono (saber of the party filing the request, and, if represented by cousal, the now and address of the attorney: (c) the ores and addresses of all other parties, if known; (d) ■ clear and eonctsa statement of Cl) Me facts which hflally the for rinereinrrhich its the to be objections to this Superseding Order, including $Pact inconsistent with the Department's Wetlands R"ulatfons (310 CMR 10.00) and does rot easrihute to the protection of the interests identified in the Act, and (3) the relief sought through the edjudieatery hearing, including specifically the changes desired in the Superseding Order; (0) a stgtomhrnt that a copy Of ive oftshas uch been.sent tooth• applicant, the conservation ceasiu('on and er party Failure to sh/aait all necessary information my result in a dismisul by the Department of the Wetip of Claim for an Adjudiatery Meering. prior to Camnnc=WV-af Detach at dotted lire analeft left to tM tart. .................................................................. issuing. Authority. To Please be advised that the Order of Condition for the project at Old File Muter hes been recorded at the Rpfatry of has been noted in the Chain of title of the affected property in accordance with Gerard Condition 8 on 19 ' if recorded lend, the instrument ember which identifies this transection is if registered land, the document number which identifies this'trenection is Applicant Signature 5-48 SPECIAL CONDITIONS 21 PARALLEL STREET #64-235 1 . All work shall conform to the above-referenced Notice of Intent (NOO, site plan apd supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a new Notice Of Intent (NOI). 2. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 3. Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed, in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 25 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. Equipment servicing and overnight equipment storage must be conducted 25 feet from the wetland. Equipment must be maintained to prevent leakage or discharge of pollutants. 9. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 10. Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any, arrangement for snow removal shall stipulate the ban. 11 . Notice shall be given to this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the name(s), address(es), and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. 12. * Minimal pruning and no removal of any buffer zone or wetland vegetation will occur downgradient of the staked haybale line. 13. All disturbed soils shall be immediately and similarly re-vegetated upon completion of construction activities or shall be mulched until the next growing season. Hydroseeding will be initiated no later than September 15. 14. * Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and be used in moderation. Pesticides and herbicides shall not be used within 100 feet of the resource area. 15. No project activities will be conducted between December 1 , and March 15. Projects shutting down for the winter will, by December 1 , complete slope stabilization sufficient to prevent erosion or siltation until project activities resume in March. 16. No disturbance or removal of vegetation within 12 feet of the bordering vegetated wetland. *ongoing conditions that do not expire upon issuance of a Certificate of Compliance. jm\bd\paraIIel.spc APPEAL CASE NO. . . . . . . . . . . . . . f1Zit Qfttlpm, � I�zssttr�jusPtts �Snzxrb L7f c4prz ( TO THE BOARD OF APPEAL. The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:.. . .?l. i' ______ _ _ __ ____Street; Zoning District Bvz;i4',gnxlal,Cp452rVation and said parcel is affected by Section(s). ... .................. of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector Q Ij�ildin s in accordance with Section I% A.1 of the Zoning Ordinance. g ^%O Dict agpeal at recommendation of Building Inspector. c�a m Na o T f LU s p ® >C.1 Ln W "T p CO L)Lo � Lu d �o The Application for Permit was denied by the Inspector of Buildings for the following reasou(s): Non-compliance with street frontage zoning setbacks. The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By—Laws and Building Code 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 and Building Code for the follow— ing reasons: See attachment Owner... Leonidas.Philipedes ............... 45 North Street Sa Address...?...............:...1P.Ig....... Telephone. 15Ps�ii44:4ZZZ. Petitioner ?PP�¢95.PbillRedea......... Address... ?+�.NgrLb.Str2et..5alem....... Date....... ,...$ Telephone...(59 )744:4ZZZ... By...JaP.�..A�P$,.P.L.S................ Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of $-A4.9P....... four weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. NO. . . . . . . . . . . . . . . . . . . i I PETITION TO BOARD OF APPEALS LOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner. . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r• CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . `. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PETLTION APPROVED. . . . . . . . . . . . . ( ) DENIED. . . . . . . . . . . . . ( ) Date: . . . . . . . . . . . . . . . . . . . . 19. . . . . i ,,, 2, • { 4 07-07-95.1502:13.44992-LJUL �a w./ CITY OF SALEM BOARD OF APPEAL 745-9595 Ext. 38,1 Will hold a public hearing for all persons inter- - ested in the petition submitted by LEONIDAS PHILIPEDES for Variance from front yard setback to construct a single family dwelling for the prop- erty located -at 21 PARALLEL STREET JULY 26,11995 hearing 6:00 P.M., ONto be held E SALEM ` GREEN, second floor. STEPHEN TOUCHETTE,Chairman July 12, 19, 1995 1 ATTACHMENT- REASONS FOR ZONING VARIANCE PETITION City of Salem Board of Appeal Variance Application Applicant: Leonidas Philipedes Property Location: 21 Parallel Street The variance requested would allow construction of a single family dwelling having a nine (9) foot setback from the sideline of Parallel Street. The dimensional standard for the residential zoning district requires a fifteen (15) foot setback. The lot upon which the dwelling is proposed has an assessed area of 40,320+/- square feet, of which approximately 9,460+/- square feet are occupied by a pond. It is our belief that no relief is required from the zoning district area requirement, as the 5 parcels comprising the lot have been in common ownership since the 1960's. (Article VIII, Section 8.2 (1), Salem Zoning Ordinance) With reference to Article IX, Section 9.5,the following is offered: a. Development of the subject parcel is restricted by the presence of extensive wetlands subject to the jurisdiction of the Salem Conservation Commission and the Massachusetts Department of Environmental Protection. A Notice of Intent has been filed And is under review by the Commission. Commission members recommended that the applicant seek zoning relief to allow a greater separation of the proposed dwelling and the wetland. The extent of wetland, and its relative proximity to Parallel Street, constitute circumstances not generally affecting other lands in the district. b. Literal enforcement of the setback provisions of the ordinance would reduce the buildable "footprint" to 18 feet, a circumstance which would require that off-street parking be provided alongside the proposed dwelling rather than within the building footprint as proposed. The resultant increase in impervious area would increase the rate of,storm water runoff to the wetland and reduce groundwater recharge capability in an already heavily developed watershed area. The proposed siting represents a compromise based on averaging of existing setbacks along Parallel Street, the interests of the Wetlands Protection Act and the owner's desire to construct a dwelling of moderate size. c. As mentioned above, the average of the setbacks of all existing dwellings along Parallel Street is nine (9) feet. The average size of the existing lots on Parallel Street is 8060+/- square feet (substantially less than that of the subject parcel). The size and nature of the proposed dwelling are entirely consistent with the neighborhood.