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77 PROCTOR STREET - ZBA m wiversal. www.myuniversalop.com phone:1-866 756-4676 UMV12113 - NIADE IN USA Zoning Board Proiect Status Sheet Address & Applicant: Pro }o Date Submitted to BOA: IV Clerk Stamp: Variances Only - Constructive Approval Date: (1 00 days from filing) MI Abutters List Requested: EV Abutters Notice Sent: W Notice to Abutting Cities & Towns, Councillors: r/ Legal Notice posted at City Hall: iia days before meefuig) Legal Notice Emailed & Confirmed: W Legal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: , 1 {O 9II6 Continued Meetings: 1 i /, 1 Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: �Ic Decision: Decision Filed: Appeal Period Over: after de im, filed) 2 L 1 (2'1"day r� Decision Sent to Applicant: Notice of Decision Sent to abutters,-'cities towns, councillors: ZBA ACTION FORM 141A pia coi v Date: Rebecca Curran Chair Petitioner: Tom Watkins Peter Co elas Address: -R=nY44tsjMs Jim Hacker(Alt. Paul Viccica(Alit.) Conditions: Total: C) rV1 LAJ Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. M L1W 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. nn Petitioner shall obtain a building permit prior to beginning any construction. ElExterior finishes of the new construction shall be in harmony with the existing structure. El A Certificate of Occupancy is to be obtained. Laj A Certificate of Inspection is to be obtained. El 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. KkJ Petitioner 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(501/o)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(501/o)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. U V El r , r CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL ' - 120 WASHINGTON STREET* SALEM,MASSACHUSETTS 01970 ICIMBERLEYDRtscoLL TELE:978-745-9595 ♦ FAX:978-74d&JOV 3O P 1 00 MAYOR FILE # November 30. 2016 Decision CITY CLERK,SALEM, MASS. City of Salem Board of Appeals Petition of JASON& CHRISTINA ROBBINS, requesting Variances from Sec. 5.L5 Parking Design and Sec. 5.L8 Table of Required Parking Spaces of the Salem Zoning Ordinance, to construct a 24'wide curbcut and associated parldng area within five (5) feet of the street line at the property of 77 PROCTOR STREET (Map 25,Lot 5) (R-2 Zoning District). A public hearing on the above Petition was opened on October 19,2016 pursuant to M.G.L Ch. 40A, § 11 and continued to the November 16,2016 meeting.The hearing was closed on that date with the following Salem Board of Appeals members present Rebecca Curran (Chair)Peter A. Copelas,Tom Watkins,James Hacker(alternate),and Paul Vicdca(alternate). The Petitioner is requesting Variances from Sec 5.1.5 Parking Design and Sec. 5.1.8 Table of Required Parking Spaces of the Salem Zoning Ordinance, to allow the construction of a 24'widecurb cut and associated parking area within five (5) feet of the street line. Statements of fact: 1. In the petition date-stamped September 12, 2016, the Petitioner requested Variances from Sec 5.1.5 Parking Design to allow the construction of a 24'wide curbcut and Sec. 5.1.8 Table of Required Parking Spaces of the Salem Zoning Ordinance,to construct an associated parking area within five(5) feet of the street line. 2. Jason and Christina Robbins presented the petition. 3. The property is located in a Residential Two-Family(R-2) zoning district. 4. The petitioner is proposing to remove an 18' x 24' wide section of the landscaped front yard and existing stairway to construct a parking area,associated retaining walls, and curbcut to create parking for at least two (2) cars. 5. At the October 19, 2016 meeting, the Board requested that the applicant meet the dimensional requirement of a curbcut for a residence as the Board found that there was no substantial hardship for the requested 24'feet. 6. At the October 19, 2016 meeting, the Board request a revised plan with a twenty (20� wide curbcut, a revised statement of hardship for the Variance request, and additional information on the distance between the proposed curbcut and existing fire hydrant. 7. At the November 16, 2016 meeting, the petitioner provided additional supporting documentation requested and presented an amended plan with a twenty (20D foot wide curb cut. The petitioner rescinded the Variance request for a twenty-four(24) foot wide curb cut. 8. The Board found that due to the existing location of the home, that there were no alternatives to the parking area within five (5) feet of the street line. 9. The requested relief, if granted, would allow the petitioner to construct a 24' wide curb cut and associated parking area within five (5) feet of the street line. 10. At the public hearing,no members of the public spoke in favor or in opposition to the petition. City of Salem Board of Appeals November 30,2016 Project: 77 Proctor Street Page 2 of 2 11. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition,including the application narrative,makes the following findings: Findings for Variance: 1) 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. The existing house is located within the front yard setback and there are no alternative options. 2) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant as the existing structure of the house cannot be easily moved to allow a parking area to be constructed beyond five (5) feet of the street line. 3) 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. On the basis of the above statements of facts and findings,the Salem Board of Appeals five (5) voted (Rebecca Curran, Peter A. Copelas, Tom Watkins, James Hacker (alternate), Paul Viccica (alternate) in favor and none opposed, to approve the requested Variance to allow the petitioner to construct a parking area within five (5) feet of the street line subject to the following terms,conditions and safeguards: Standard: 1. Petitioner shall comply with all city and state statues,ordinances,codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Special Condition: 1. The petitioner shall apply to the City of Salem Engineering Department for a curb cut permit. -k C/-kJ (ri, Rebecca Curran,Chair Board of Appeals 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 of fihng of tbu decision in the office of the City Ckrk Pursuant to the Massachusetts Gemrol Laws Chapter 40A, Section 11, the Varianceor Special Permit granted herein shall not take get until a ropy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. RECEIVED'; . - AY STAME SLUNEYVAS -- ceinivswmi _ : . OFP_EVELIbPMENT. -- . ..,_:..�. --- .,-•COM - Sam. M, - s SCALE a- 20 ]DATE OT 'PO 7beo - - - - - fit - w tvk$ r . t � Sv (0-4 J D b l coTt To Run Date: 11114/2016 Salem Police Department Page 1 of 1 Run Time: 12:11 Case Incident Report CFS# Disp Call Type Date Time Location Unit Id Primary Officer 1600032070 R MVA 10/25/2016 19:11 PROCTOR STMIGHLAND AVE 57 57 1600028721 A MVA 09/25/2016 23:49 70 PROCTOR ST 174 174 1600027700 M MVA 09/16/2016 14:19 PROCTOR STMIGHLAND AVE 101 101 1600024815 A MVA 08/222016 00:52 99 PROCTOR ST 174 174 1600016996 R 160 06/122016 09:21 63 PROCTOR ST 115 115 1600013757 R 163 05/14/2016 01:07 22 PROCTOR.ST 54 54 1600010742 R 163 04/16/2016 02:34 37 PROCTOR ST 145 145 1600003454 R 160 02/05/2016 11:53 PROCTOR STMIGHLAND AVE 47 47 t,t A Salem Police Department Records Division 95 Margin Street Salem, MA 01970 RECEIVED NOV 15 2016 Dear Salem Zoning Board of Appeals, DEPT. OF PLANNING & COMMUNITY DEVELOPMENT This letter is written on behalf of Jason Robbins (me) and my wife Christina and is regarding the hardship we would endure if we had to continue living at 77 Proctor Street without a driveway. Although Proctor Street is not a main road in Salem, it is extremely busy due to the fact that it is a connecting street to two main roads with Highland Ave on one end and Boston St on the other end. The location of our house, directly across from where Proctor St intersects with Hillside Ave, which then also loops around and out to Highland Ave through Coby St, further increases the level of traffic directly in front of our house. This extremely high level of traffic is a major part' of the hardship and danger we would endure if we continue to live there without a driveway. Since January 1, 2015 per the Salem Police Department, there have been 8 motor vehicle accidents on Proctor Street. That is roughly one every 3 months over that 22 month span and since parking the correct direction on the street would cause the driver to exit their vehicle directly into Proctor St, this presents a dangerous situation. Considering the fact that we would be exiting/entering our vehicle at least twice per day to go to work (10 times a week, 40 times a month 480 times a year) not including other trips in/out of our car, we would be repeatedly putting ourselves and our tenants who also would have to park on the street, into a dangerous situation over and over again. A dangerous situation that is bound to turn into a situation where serious injury will occur due to the high rate of traffic and accidents on Proctor St. This type of situation actually unfolded for tenants of the previous owner of 77 Proctor St when a car traveling down Proctor from Highland Ave rear ended their vehicle parked on the street directly in front of the house. With both of their cars parked on the street in front of each other the crash then pushed the first vehicle into the back of the second creating a 3 car accident. The probability for this type of situation to unfold again is extremely high if we are unable to create a driveway for ourselves on our property. This is why all of the houses on the two way traffic side of Proctor St from Highland Ave to Pope St, have driveways. Including our neighbor directly to the left who created a driveway on their property in the same fashion we are proposing. We would also endure hardship in the rough and snowy winter months when a parking ban is in effect and we would not be allowed to park on the street. We would then have to park our cars at the designated Gallow Hill Park parking lot and walk to/from our house. This presents another level of danger while walking in snowy/icy conditions while plow drivers are out clearing streets. Overall, the hardship of not having a driveway at our house is beyond just an inconvenience. It will also benefit the city of Salem and its residents to alleviate congestion on an already high traffic, accident prone street. Sincerely, Jason Robbins g�qC HpPj\ CITY OF SALEM, MASSACHUSETTS ,. BOARD OF APPEAL 120 WASHINGTON STREET# SALEM,MASSACHUSETTS 01970 KIMBERLEYDRIscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR Notice of Decision At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, November 16,2016 at 6:30 p.m. at 120 Washington St., Salem,MA, the Zoning Board of Appeals voted on the following item: i Petition of JASON & CHRISTINA ROBINS, requesting Variances from Sec. 5.1.5 Parking Design and Sec. 5.1.8 Table of Required Parking Spaces of the Salem Zoning Ordinance, to construct a 24' wide curbcut and associated parking area within five (5) feet of the street line at the property of 77 PROCTOR STREET (Map 25,Lot 5) (R-2 Zoning District). Decision: GRANTED Filed with the City Clerk on November 30,2016 This notice is being sent in compliance with the Massachusetts General Laver, Chapter 40A, Sections 9&15 and does not require action by the recipient.Appeals, if any,shall be made pursuant to Chapter 40A,Section 17,and shall be filed within 20 days fmm the date which the decision war filed with the City Clerk. City of Salem Department of Planning & Community Development RECEIVED DEC 0 6 2016 CHECK RECEIPT AND TRACKING FORM DEPT. OF PLANNING& �' STAFF CLIENT: \ DATE COMMUNITI DEVELOPMENT BOARD STAFF CLIENT: P PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: $ J CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS noTr'; .. PETITION FORM y�wj '\�p CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS n Sao FLOOR WASHINGTON STRETR V I SALEM,MASSACHUSETTS '.� 01970 ��LYINEt� Thomas St.Pierre,Director of Inspectional Services SEP 12+ 2016 Phone:978-619-5641/ Fax:978-740-9846 KIMBERLEY ARISCOLL Erin Schaeffer,Staff Planner C1�t'n DEPT. OF PLANNINGn R Phone:978-619-5685/ Fax:978-740-0404 COMMUNITY DEVELOPM N� � r TO THE BOARD OF APPEALS: 3 v� p The Undersigned represent that he/she is/are the owners of a certain parcel of land located at 0, Address:�1_[�����-��g7 v�� Zoning District: ' 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: 1 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 ofmy rear yard is 32 feet;t e proposed addition would reduce the depth of the rear yard to 22 feet.) 45: Kles m / / /UO f�'�G/ fy—in� d/LJ / !/�_ �9 mon s� Z GGI.2 S. For this reason I am requesting: (Variance(s)from provisions ofSection of the Zoning Ordinance,specifically from (i.e. minimum depth ofrearyard). What is allowed is 0?sqft?stories? %?), and what I am proposing is ((t?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:T Are Lot Dimensions Included?(()No Why? (Example.'Two Family Ho .. _ 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. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: O 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. O 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; 1/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 t) Potential fiscal impact, including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B § 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. If different from petitioner: Petitioner:(zW.So") � / �Q Address: 7Z1p/1 '<i� Address: Telephoner—7" ga20 g'� 4 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 befiled with the City Clerk. BAY STAT-sum ASSOC1ATM€Nc jC9# -100aWMcSC ,SM"- Met; LOCAMM: SCAr1E:4'=2plDAfE > P ; REFEMIM . -� �s3. 12M. 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