21 PROCTOR STREET - ZBA 21jrPROCTOR STREET R-1_
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CITY.OF SALEM
BOARD OF APPEAL
745.9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by SORKADH MURLAFO is
seeking a Variance from Section 7.3
(g)to allow a two-car driveway 4o be
located in a front-yard setback for the
property located at 21 PROCTOR
STREET R-1.Said hearing to be held
on WEDNESDAY,November 17,2004
at 6:30 P.M., 120 Washington Street,
3RD FLOOR,ROOM 313.
Nina Cohen
Chairman
(11/4,10)
�t
CITY OF SALEM9 MASSACHUSETTS
• • BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF SORKADH MUSTAFA REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 21 PROCTOR STREET R-1
r,
A hearing on this petition was held on January 19, 2005 with the following Boal
Members present: Nina Cohen, Richard Dionne, Edward Moriarty and Steven Ito.. �c
Notice of the hearing was sent to abutters and others and notices of the hearinrvere
properly published in the Salem Evening News in accordance with Massachusetts
---- -- - -----
General Laws Chapter 40A. - — or
'D "^3
The petitioner is requesting a Variance from Section 7-3 (g) to allow a driveway to-be m
located in the front yard for the property located at 21 Proctor Street located in ar**q v
zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. Petitioner seeks a variance to construct a driveway in the front yard of his
property at 21 Proctor Street. Currently the two-family dwelling has no off-street
parking and the neighborhood is a congested one.
2. Petitioner's property is sited at a ninety-degree bend in the road, with a difficult
egress from the driveway to Proctor Street. The site is also steeply graded. At
the Board's request petitioner submitted a site plan by Meridian Engineering
showing the degree of incline and view angles for the proposed driveway.
3. An existing six-foot stonewall on the property perimeter will be partially
deconstructed to allow the driveway to be built. This wall will be reconstructed in
accord with the requirements of the Building Code, and an eighteen-inch
concrete retaining wall will be erected on petitioner's property to separate the
driveway from the sidewalk and redirect rainwater runoff onto the street.
DECISION OF THE PETITION OF SORKADH MUSTAFA REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 21 PROCTOR STREET R-2
page two
4. There was no opposition to the proposed variance.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted 4 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. Petitioner shall obtain approval from any City Boards or Commission having
Jurisdiction but not limited to the Planning Board.
3. All requirements of the Salem Fire Department shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
Variance Granted
January 19, 2005
Nina Cohen, Chairman
Board of Appeal
l
DECISION OF THE PETITION OF SORKADA MUSTAFA REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 1 R-1
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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- -
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
PLAN OF LAND IN SALEM, MA.,
DATE: 10-13-04
SCALE: 1"=10'
X DENOTES SPOT ELEVATION
ASSUMED DATUM
SILL ELEVATION = 50'
BAY STATE SURVEYING ASSOC. INC., a
100 CUMMINGS CENTER
SUITE 316J �;r
BEVERLY, MA., 01915
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TOP OF WALL TO MEET _
EXISTING GRADE
b 44.0
PROPOSED WOOD —
TIMBER RETAINING WALL
42.0
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40.0
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38.0 50EWA K 46.G'
44.0 601 TOM BF m ---- -- –T
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MEET EXISTING 4P G, =41. t .._ -_ ROPO D GRADE
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40.0 -- _ --_ _PROPOSED WOOD
38.0 TIMBER RETAINING WALL11 tMEET EXISTING
36.0 1 36.C - SIDEWALK GRADE
SEC17a1V A—A
SCALE: I" = 1' VERT.
I" = 5' HOR. SEC71CW B-B
0.5 0 0.5 1 2 VERT. SCALE. = 5' VERT.
= 5' HOR.
2.5 0 2.5 5 10 HOR7. 0.5 0 0.5 7 vcaT
2.5 0 1.5 5 10 HOR.
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)PROPOSED WOOD NOTES LEGEND
r )TIMBER RETAINING WALL
1. ALL TOPOGRAPHY, SITE FEATURES AND PROPERTY LINES DEPICTED HEREON TAKEN FROM A PLAN EXIST/NC SPOT GRADE
ENTITLED "PLAN OF LAND /N SALEM, MA. " DATED 10-13-04, PREPARED BY BAY STATE SURVEYING
IASSOC. INC., BEVERLY, MA. MERIDIAN ASSOCIATES, INC. DID NOT PERFORM A SITE OR BOUNDARY EXISTING RETAINING WALL
SURVEY ON THE SUBJECT PROPERTY.
i ? I ® PROPOSED SPOT GRADE
z ` 2. THE PURPOSE OF THIS PLAN /S TO DEPICT THE PROPOSED DRIVEWAY, RETAINING WALL AND CURB
N (� CUT FOR THE PURPOSES OF OBTAINING A SPECIAL PERM!'T FROM THE SALEM ZONING BOARD OF PROPOSED RETAINING WALL
COVERED I APPEALS.
sl"• ENTRY PORCH 3. PROPOSED RETAINING WALL(S) DEPICTED ON THIS PLAN ARE FOR PERMITTING PURPOSES ONLY. CROSS SECTION
4 41 RETAIN/NG WALL(S) SHALL BE DESIGNED BY OTHERS.
A I
PROPOSEC 4. MERIDIAN ASSOCIATES, INC. DID NOT LOCATE ANY EX/STING UTILITIES. THE CONTRACTOR, PRIOR TO
A
DRIVEWAY \ COMMENCEMENT OF CONSTRUCTION, SHALL VERIFY THE LOCATION OF ALL UTILITIES AND CONTACT
a \ D/GSAFE AT 1-888-344-7233.
'A
PORTION OF EXISTING
WALL TO BE REMOVED BIT. CONC. SIDEWALK
-- - - -- - -- PERMIT SITE PLAN OF LAND
LOCATED INL-fwB
GRANITE CURB - - - - SALEM, MASSACHUSETTS
PROCTOR STREET -- ESSEX COUNTY -
PREPARED FOR
ASTRIT MUSTAFA
SITE PLAN -- SCALE: 119 5 ' DATE: JANUARY 11, 2005
SCALE. 1 "=5'
I
FEET 5 0 2.5 5 10 20 M E R I D A N
' l L ' ASSOCIATES, INC .
98 HIGH S"I'REET 69 MILK STREEI', SUITE,302
0 0.5 ' 2 4 6 REVISIONS 'F ,,, Pt° DANVERS,MASSACIIIJSE17S01923 WE51'BORl7lt<;1I MASSACHl1SEPCS01581
-- -- — TELEPHONE: (978)739-9130 TfUTHONI:: (508)871-7030
M WWW.MIiRIDIANASS(x'.('()M
DWG. No. 44995/TE NO. DATE DESCRIPTION BY CHK'o I �`�t SHEET No. 1 OF 1 PROJECT No. 4499
''Vol gln 0 Av MM&M Asuvaeles-Inc All n0a