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40-42 WINTHROP STREET - ZBAry ® -yZ averse© wv✓w.myu niversalop.com phone:1-866-756-4676 UN 12113 MADE IN USA I i Zoning Board Proiect Status Sheet Address & Applicant: Date Submitted to BOA: d Clerk Stamp: Variances Only - Constructive Approval Date: (ioo days frum riin,) ES( Abutters List Requested: c� Abutters Notice Sent: d Notice to Abutting Cities & Towns, Councillors: _ d Legal Notice posted at City Hall: (,q days berate meeting) _ E;/ Legal Notice Emailed & Confirmed: E;( Legal Notice Posted on Web: 2( Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: 12 l Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: q i Decision: Decision Filed: 9 Appeal Period Over: i o/,Q/ :diet decision filed) I b (21"day d Decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM Date: Rebecca Curran (Chair Mike Do Petitioner: 1AL;,1e 'Pell Tom Watkins Peter Co -'-- Address: l/,'411el) Jinun Tsitsinos Jim Hacker t. Paul viccica(Alt) Conditions: Total: l s 110 ❑Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. El All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. El All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. El Petitioner shall obtain a building permit prior to beginning any construction. El Exterior finishes of the new construction shall be in harmony with the existing structure. 0 A Certificate of Occupancy is to be obtained. El 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. 0 Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Planning Board. El 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 (501/o)of its floor area at the time of destruction,it shall not be reconstructed except in conformity with the provisions of the Ordinance. n �r .pONDIT CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 9�%rirtuEoa�'` 120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 1616 SEP 28 P 1: Ob Km-BERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR FILE # CITY CLERK, SALEM;MASS. September 26, 2016 Decision City of Salem Board of Appeals Petition of DAVID POTTER seeking a Variance per Sec. 5.1.5 Parking Design to exceed the maximum curb cut at the property located at 40-42 WINTHROP STREET (Map 25 Lot 488) (R-2 Zoning District). A public hearing on the above Petition was opened on September 21, 2016 pursuant to M.G.L Ch. 40A, § 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos, Mike Duffy, and Tom Watkins. The Petitioner seeks a Variance from the provisions of Sec. 5.1.5 Parking Design to exceed the maximum curb cut. Statements of fact: 1. In the petition date-stamped August 30, 2016, the Petitioner requested a Variance from the provisions of Sec. 5.1.5 Parking Design of the Salem Zoning Ordinance to exceed the maximum curb cut. 2. David Potter and Michael Becker presented the petition. 3. The property is located on the corner of Winthrop Street and Endicott Street in an R-2 Zoning District. 4. The property use is an existing non-conforming three (3) family structure that was redeveloped by David Potter and converted into three (3) condominiums. 5. The property originally had one (1) driveway approximately 12' feet wide along Endicott Street with no curbcut. The granite curbing was sunken in the road allowing for the property owners to easily drive into the private property. The driveway lead to a two (2) car garage and also has space for two (2) dimensionally non-conforming side-by-side parking spaces. 6. On Winthrop Street, the property originally had a double gate and landscaped side yard and no curbcut. 7. The petitioner expanded the curbcut from approximately 12' wide to 26' wide along Endicott Street by removing approximately 14' feet of granite curbing, grass strip and sidewalk to create a curb cut. 8. The petitioner expanded the curbcut along Endicott Street to provide a third dimensionally non- conforming parking space. 9. The petitioner also installed a 17' wide curbcut along Winthrop Street and removed existing sidewalk, curbing and at minimum one (1) public on-street parking space. 10. The newly paved parking areas are paved to the property lines where the requirement is to allow a two (2) foot buffer. City of Salem Board of Appeals September 26,2016 Project:40-42 Winthrop Street Page 2 of 3 11. The petitioner installed approximately 43' feet of curbcut where the maximum curbcut allowed is 20' feet. 12. The petitioner installed the curbcuts without a permit from the Salem Engineering Department and took City property for private interests. 13. The petitioner argued that the hardship incurred by the petitioner is that it is a hardship to park on street because Winthrop Street is narrow. 14. There is public parking allowed on both sides of Winthrop Street. 15. The requested relief,if granted,would allow the petitioner a Variance to exceed the maximum curbcut requirement for a residential use. 16. The Board discussed the ramifications of a denial of the petition. Specifically, the petitioner has the ability to have a 20' foot wide curbcut by-right. 17. The petitioner must meet all of the parking design and dimensional requirements. 18. The Board requested that the applicant work with the City Engineer to replace the sidewalk and curbing that was removed on Winthrop Street in its entirety and to replace the sidewalk, planting strip and granite curbing along Endicott Street where it was removed such that the dimensional requirements for a curbcut be met and be in compliance with the Salem Engineering Department curbcut permit requirements. 19. At the public hearing, three (3) members of the public spoke in opposition to the petition, and seven (7) members of the public signed a petition in favor of the proposal. 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 and plans, makes the following findings: Findings for Variance: 1. There are no specific special conditions and circumstances that especially affect the land, building or structure involved generally not affecting other lands,buildings or structures in the same district. 2. There is no substantial hardship to the applicant. 3. Desirable relief cannot 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. Specifically, taking away a public parking space on Winthrop Street negates a public good. The petitioner took City land and property to create a private parking space on Endicott Street. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted one (1) in favor Qimmy Tsitsinos) and four (4)(Rebecca Curran (Chau), Peter A. Copelas (Vice-Chair), Mike Duffy, and Tom Watkins) opposed, to approve the requested Variance to allow the petitioner to exceed the maximum allowable curbcut.The petition has been denied. City of Salem Board of Appeals September 26,2016 Project:40-42 Winthrop Street Page 3 of 3 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 Massacburetts General Lams Chapter 40A, and shall be filed within 20 days of fih'ng of this decision in the offire of the City Clerk. Pursuant to the Massachufetts General lams 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 bas been filed with the Essex South Reguiry of Deeds. I.P' STONE (FD) ADR'n bstr (N) 1111IIIVV/-' UNIT 3 UNIT 3 PAVED OWE GARAGE UNIT I - UN rt I LOT AREAL°t` v 4,510 At FOR REGISTRY USE ONLY 1CONCRETE LANDING + _ PATIO COMYOH AREA ggqqqqq G W F- I— I:g v o z !4D w STD PXG UNIT 3 13.5 NF i14RGERALD J R H TSTONE ING (FD) A E sow WINTHROP STREET �— C,L..d2 L/S GRAPHIC SCALE REFERENCES = r J n DEED SK..34056PG.158T m_�) (X1/ PLN BK 394 PLN 40 I ecN 1c a S 411 L^'� PLN 8K 396 PLN 26 SUMMARY OF AREAS LOT AREA = 4,516 SFS BUILDING FOOTPRINT AREA = 1.678 S.F1 MOTE: ALL AREAS SHOWN ARE APPROXWATE 'NOTE: ME CONDOMINIUMS SHOWN HEREON ARE FOR RESIDENTIAL USE. 40-41 Winthrop Street Condominium Site Plan I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN HEREON for ARE THE LINES DIVIDINGEXISTING OWNERSHIPS. AND THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE Becker-Potter STREETS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. Investments, Inc. I HEREBY CERTIFY THAT THIS PUN FULLY An ACCURATELY DEPICTS THE LOCATION AND DIMENSIONS OF THE BUILDINGS, AS BUILT, AND SALEM .M` 'm`� FULLY LISTS ME UNITS CONTAINED THEREIN, AND FORMER FULLY AND _ E ACCURATELY DEVICE,LOCATES AND PURITIES ME DIMENSIONS OF ALL LAUTED - NOIIVeTEC .OF EXCLUSIVE USE COMMON AREAS AND FACILITIES a ME CONOOWNNY OUTSIDE O!MY BUILDING, 6FAFY 31 Mun1RR sln t W ? I.I., UA 01801 Har m 617 437 6461 DATE .ARTA P.Ls. ..�r� : hDnwc�' SHEET N0: REG. LAND SURVEYOR I OF 1 DRAWN BY:T.F.S. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS rCow IN PETITION FORM 4vE> i ; CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS 1016 AUG 30 P 12 120 WASHINGTON STREET,3RD FLOOR SALEM,MASSACHUSETTS 01970 FILE -0 r CITY CL KIK o MINED Thomas St.Pierre,Director of Inspectional Services f l€M, PASS: Phone:978-619-5641/ Fax:978-740-9846 KimBERLEv DRISCOLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/ Fax:978-740-0404 oO I�a O TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land IocaYed,at:,'p). i L/ O,cp >✓ Address: 4oL �nJ(. 1 L.;�.�,11 J Zoning District: T7'n�'^+A ,.. Y '1'F ''G An application is being submitted to the Board of Appeal for the following reason(s):This statement m is:.t,�I describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(FxamplerYp 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 he 30 feet. The current depth of my rear yard is 32 feet;the proposed addition would reduce thede th of the rear yard to 22 feet.) L!/ vv o CAS e__ �+ rti E.-c..�.- C C o-w v P - For this reason I am requesting: (7y.Variance(s)from provisions of Section�, �,S of the Zoning Ordinance,specifically from / (i.e.minimum depth ofrearyard). What is allowed is �, / Cc., ,�_/Z If Q;!f ((t?sgft?stories? %?), and what I am proposing is 3 a— (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—YL 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. , t CITY 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: 1 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; 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. 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:® hV Property Owner: Address: vZ i L p / -e Address: Telephone: Telephone: Email: .� u .. o , Co ti 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. I� STONE I(F END fo) f J •Nli 3 Ill DNIi ] 'I PGYEC DRIVE � V r G44G'vE CONP>CiNINC P<LE T1Piry V H UNIT I ✓ L '111L1! L j 'OT AREA r J 4.515 _Ei I I FOR REGISTRY USE ONLY 'CONCRETE .A.O:n RATIO 1 iTJ��i JIT ''COMMON AREA N I i {40 ✓ / W / TUTS TS 1 F./ZGEP.ALDI /j /PO / I ICNE � IFDj NOS"JS ao W-V.00 /J I WINTHROP STREET GPLAPHIC SCALE i REFERENCES DEED SK..34056PG.758 U PEN DK 394 PLN 40 _>•-to rc I PLN SK. 396 PEN 26 SUMMARY OF AREAS 1-0' AREA = 4,516 SF3 9bIDING FOOTPRINT AREA = I,679 S.F± i 'NONE ALL AREAS SHOWN ARE APPRJXIMAME -NOTE: THE CONDOMINIUMS SHOWN HEREON ARE FOR RESIDENTIAL USE, ( I 40-41 Winthrop Street Condontiniurm Site Plan HERE6Y CERTIFY THAT THE PROPERTY LINES SHOWN HEREON for ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES ✓ r) or ST P.EETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE Ll E]F a)_er—r Q jeer STREETS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR k 6 DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE SHOWN. Investments, Inc. I HEREBY CERTIFY THAT -415 PIAN FULLY AND ACCURATELY DEPICTS - ( 4E LCLA 'ON AND DIMENSIONS " D! 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"•'^'. - °�3� �t�H�y4��ti4 ��^}yam •"'* `� jay!, ✓. . �'�°�gam°.' :1 fi 68 Endicott St, Salem, MA X 01970 �tV� w .. �Y+ i Thr imtl 51 ,Endxm 9t 3.r,.-; t�sx i N�" � s 'k5 fyy,J � ��1 u.ar `�g'1�� r�,•. � � c� 1 � � � 4 � d F=it ' ✓ a rl p a r � 7 .r E7 I is i .:;■ .ems jam" • 411 a' �a af. r� 4 ^�f } r r • i �� �ss t: 4 ....ra / I �{ 1 + f r s i s Oki �i1 a '�a 5+1 1{�y� i�'i 4�8 ?,� �'i°��`�� 'til' ,� � i• g,_ w 1 � 1'r + Criyr i,r��'tryi `i- {V,1 r n �• � , a 4� S � µ 1 s,gYt1� ♦p11g y�JT' l 1���ix-y ¢M `� /. � ; t .•. rF y� Ilk � a al 1��, ��'9 L�rW�8.r5y�M�.d. r �p� 5'�f`+ �f�c;,yj✓ � \ i � + � ����,, -0'� 'N "KIN "'N1lr'2� "�Y iY '021�y'Fr", 'ry 4f';N•k2C'r ti4� f ,i �, #"IMill rs� DIM Y ♦p\1 r rF�S!'St�L'��z , � �r d^kd 4yM`I 4 it f �./:,.T�yf ,}��11h� ♦y4Fjel y� ,yY�i+ ., _ ��.� �a; �;_. rte^tb�'+ r �� 5,�, `^�r rr r•�r°xc� r � �_ e JYIj` � l!v � ! •R� Jt T t i '�i.r '.1 t"4�= � ± ,Y r i>ti..f�*I" ti L � �' •w P � �'y S ., to '� ivy - Vt � { ) '•351,< ) .!I a.d..''.k 1} t. < 1 ut f � IItA'. t V1•r' f. 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A—C ?I "Wft 47 9/17/2016 Zoning Board of Appeals, The undersigned below are in favor of the variance requested for curb cuts at 40-42 Winthrop street Salem MA 01970 N,a/me Address i 9/17/2016 -- -- _ Zoning Board of Appeals, The undersigned below are in favor of the variance requested for curb cuts at 40-42 Winthrop street Salem MA 01970 Name Address S6fO&iJ;�M4 HCY-E-�,',} wr � � � J5;r q� w�K��9p �,�,t-. nen F ���� (f)�>cfiONw �-3 Erin Schaeffer From: Devin Potter <dspotter87@gmail.com> Sent: Monday, September 12, 2016 9:03 PM To: Erin Schaeffer Subject: Zoning Board Appeal Committee Letter-40 Winthrop Street Parking Proposal Dear City of Salem Zoning Board Appeal Committee Members: I am writing you regarding the request by David Potter for the parking design at 40-42 Winthrop St. I own the 2 n Unit in the property. I own the right side of the garage (per the Master Deed)with parking behind it and share the garage with Unit#1 which has the left side of the garage with parking behind it. I am writing you to petition against the additional park spot proposed for the main driveway facing Endicott Street. The proposed third spot would effectively prevent the current occupants'cars from entering/exiting the driveway. Specifically, the driveway was constructed with the left-side edge parallel to the house and the right-side edge an angle. It is concave in shape and the base of the driveway is shorter in length where the driveway meets Endicott Street than the opposite end facing the garage. The current proposed plan to include a third spot does not take into account the practicality of three vehicles in this driveway space. Occupants would not be able to back in/out of the driveway due to this design without significant risk to hitting one another's vehicles. More specifically, a third car would not fit without 1) parking significantly close (within 10 inches or less)to Unit#1's vehicle, thereby requiring Unit#1's vehicle to parked significantly close to our vehicle, whereby we cannot open our doors and enter/exit the vehicle without risking damage to Unit#1's car or, alternatively, parking in the brush alongside the right-hand part of the driveway. Third, as the driveway is also not wide enough to accommodate three vehicles (particularly with snow), our concern is the third vehicle may have to be parked in such a position that in order to fit, it would block the sidewalk to the public. It is for these above reasons that I am petitioning against the parking variance requested by David Potter. Please also be aware that I have no relation to David Potter. Thank you in advance to the Board for your careful consideration of this request to deny the parking design variance sought at 40-42 Winthrop St. Sincerely, Devin S. Potter 1 Erin Schaeffer From: Devin Potter <dspotter87@gmail.com> Sent: Monday, September 19, 2016 10:12 PM To: Erin Schaeffer Subject: 40-42 Winthrop Street Zoning Appeal -Withdrawal of Petition Letter Dear City of Salem Zoning Board Appeal Committee Members: I am writing you to hereby withdraw and retract my original petition letter against the request by David Potter for the parking design at 40-42 Winthrop St. I am the owner of Unit#2 at 40-42 Winthrop Street. Since the date of my first letter to the Committee, dated 9/12/16, 1 have completed additional review of the proposed space and have decided to withdraw my petition sent to the City of Salem Zoning Board Appeal Committee. The reasons are as follows: In my original letter, I noted one concern was not being able to successfully fit three vehicles in the driveway facing Endicott Street in a reasonable manner(reasonable, as defined as being able to successfully enter/exit vehicles without opening car doors on one-another's vehicles). Upon further review, I was able to successfully park my vehicle, a mid-size sedan, in the parking spot designated for the third floor unit. Upon parking the vehicle in that spot, I determined the space between the vehicles was larger than I originally had anticipated when I wrote my original petition letter. This alleviates the first concern I had. Upon parking my vehicle in the third spot, I also determined there was enough room to successfully shovel or get snow removal equipment in between vehicles without issue during the winter. This alleviates the second, and final, concern I had in my original letter. The two issues noted above were the primary concerns in my original letter to the Zoning Board Appeals Committee. Those concerns were based using an observation of the driveway with the naked eye. However, since the date of my original petition letter, the simulation I performed using my car as a 'test'vehicle for the third parking spot has alleviated all concerns in my original letter. As such, I am hereby withdrawing my petition against the parking variance requested by David Potter.As the Unit#2 occupant and owner of the right-most parking space in the driveway facing Endicott Street, I do not see any issue for my use of the driveway on Endicott Street. Please also note, I also have no issue with the proposed parking in the driveway facing Winthrop Street. Please also be aware that I have no relation to David Potter. Thank you for your time. Sincerely, Devin S. Potter 1 i a Erin Schaeffer From: Donna Romano <safetystop@mac.com> Sent: Tuesday, September 20, 2016 10:22 PM To: Erin Schaeffer Cc: Devin Potter, Mike Becker Subject: Re:40-42 Winthrop Street-Zoning Board of Appeal Application To the Salem zoning board of appeals committee: I, Donna M. Romano unit#1 owner,at the 40-42 Winthrop St.condominiums would like to make a second revised appeal after speaking on the phone with Mike Becker of Becker-Potter investments on Tuesday evening September 20th. ( he is copied here in this email) In this conversation, an ensuing verbal agreement was made with Mike Becker (with pending agreement of his co-partner Dave Potter)to file an amendment to the plot plans with the Essex county registry of deeds to the 40-42 Condominiums Master Deed so that it reflects parking on Endicott street for two cars not three, which is in alignment with the city's engineering assessment of room in this stated driveway behind the garage for only two cars.This agreement also included a change from "compact car designation" behind unit 1's garage to "regular full-size parking".We agree it would be in the best interest of all parties to keep the curb cut on Endicott Street but also agreed to allow for parking using the Winthrop street cutout with the city's recommendation for improvements at this location including the 2 foot cutaway for drainage.We would also agreed to try to relocate the trash and recycle bins located near the Winthrop Street parking to the back of the house closer to Endicott street (or another solution although not discussed in this conversation is to keep them further back in the driveway perhaps perpendicular to the driveway) to allow for more room for the Winthrop street parking area. I have also spoke this evening with Devin Potter unit owner#2 (no relation to Dave Potter) and he is in also agreement with this arrangement and copied here on this email. I will not be able to attend the zoning Board of appeals meeting on September 21st due to commuting and work obligations however thanks again to the committee for the careful consideration of this curb cut and parking arrangement at the 40-42 Winthrop St.condominiums. Sincerely, Donna M Romano 40 Winthrop St Salem, MA Donna Sent from my iPhone On Sep 20, 2016, at 12:32 PM, Erin Schaeffer<eschaeffer@Salem.com>wrote: Received. Thank you. 1 From: Donna Romano [mailto:safetystopna,mac.com] Sent: Tuesday, September 20, 2016 11:47 AM To: Erin Schaeffer Subject: Re: 40-42 Winthrop Street-Zoning Board of Appeal Application twould like to retract the statement below to the zoning board. Donna Romano 40 Winthrop St Sent from my iPhone On Sep 7, 2016, at 1:14 PM, Erin Schaeffer<eschaeffer(),Salem.com>wrote: Hi Donna, The application is attached. Best, Erin From: Donna Romano [mailto:safetvstop6i,mac.com] Sent: Wednesday, September 07, 2016 11:59 AM To: Erin Schaeffer Subject: Re: 40-42 Winthrop Street-Zoning Board of Appeal Application Hello Erin Thanks for your email however there is nothing attached. Thank you very much for speaking with me yesterday. Below is my appeal letter to the committee. Please let me know you have received this email. Dear Zoning Board Appeal Committee Members : This correspondence is in regard to the variance sought by David Potter for the parking design at 40-42 Winthrop St. and related curb cuts on Endicot and Winthrop Streets I am the owner of Unit#1 of the said property-a condominium conversion with a total of three units of which David Potter is the owner of Unit#3 and the developer of the property. I am writing to petition against this parking variance for several reasons. First, the variance would encumber my easement in and out of my garage which is shared with 2 Unit#2 and is located on Endicott street. For clarification according to the master deed I own the left side of the garage with parking behind it and share the garage with Unit#2 which has the right side of the garage with parking behind it. A curb cut on Endicott has already been in place and installed by the developer as the intention is to sell the property with a third car in the driveway which would bejuxtapostioned between two areas; namely between the stairs of the porch which lead to the rear entrance of the house.and to the left of my parking space behind the garage.The second reason is that this would cause me to have to walk into the street when exiting my car to walk around this parked car to get the porch stairs and subsequently to the entrance of my home. This is because the depth of this spot would also not allow a third car to pull fully into the driveway but rather it would be parked half way up the driveway. Third, since the depth and width of the driveway is also not large enough to accommodate three cars across (especially in winter with snow)it is possible that the third car would block the sidewalk to the public trying to walk by. A second curb cut was put in by the developer and is located on Winthrop street.This curb cut is very steep and the intention by the developer is to put another parking spot there belonging to Unit#3. Lastly, I have an interest in not having a driveway on that side of the house since my bedroom windows are located on the same side. It is for these above reasons that I petition against the parking variance requested by David Potter. Thank you in advance to the Board for your careful consideration of this request to deny the parking design variance sought at 40-42 Winthrop St. Sincerely, Donna Romano 40-42 Winthrop St Unit#1 Salem,MA 01970 The information in this e-mail is intended only for the person to whom it is addressed. If you believe this e-mail was sent to you in error and the e-mail contains patient information,please contact the Partners Compliance HelpLine at httv://www.vartners.org/complianceline . If the e-mail was sent to you in error but does not contain patient information,please contact the sender and properly dispose of the e-mail. Donna Sent from my iPhone On Sep 7, 2016,at 8:26 AM,Erin Schaeffer<eschaeffer(a Salem.com>wrote: Hi Donna, Attached is a copy of the Zoning Board of Appeal application for the property located at 40-42 Winthrop Street. 3 As we discussed by phone yesterday, any member of the public can submit public comment to the Zoning Board of Appeal by letter, e-mail or in person and will be part of the record of the project. Additionally, abutters may appeal a Zoning Board of Appeal decision through state land court pursuant to Section 17 of the Massachusetts General Laws Chapter 40A and shall be filed within 20 days of the date that the Zoning Board has filed their decision with the City Clerk. Abutters are notified of public hearings and are notified by mail of decisions made by the Board. All information related to the Zoning Board of Appeals including agendas,a schedule of meetings, decisions and applications are located here: http://www.salem.com/zoning-board-appeals Please let me know if you have any additional questions. Best, Erin Schaeffer Staff Planner,City of Salem Department of Planning&Community Development 120 Washington Street, 3`d Floor Salem,Massachusetts 01970 Phone: 978-619-5685 1 Fax: 978-740-0404 eschaeffer(a),salem.comI salem.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records. FMI please refer to: http://www.sec.state.ma.us/are/preidx.htm. Please consider the environment before printing this email. 4 <40-42 Winthrop Street ZBA Application 08302016.pdf> Donna Sent from my iPhone On Sep 20, 2016, at 12:32 PM, Erin Schaeffer<eschaeffer@Salem.com>wrote: Received. Thank you. From: Donna Romano [mailto:safetystop(abmac.com] Sent: Tuesday, September 20, 2016 11:47 AM To: Erin Schaeffer Subject: Re: 40-42 Winthrop Street- Zoning Board of Appeal Application I would like to retract the statement below to the zoning board. Donna Romano 40 Winthrop St Sent from my iPhone On Sep 7, 2016, at 1:14 PM, Erin Schaeffer<eschaeffer@Salem.com>wrote: Hi Donna, The application is attached. Best, Erin From: Donna Romano [mailto:safetvstop(o mac.com] Sent: Wednesday, September 07, 2016 11:59 AM To: Erin Schaeffer Subject: Re: 40-42 Winthrop Street-Zoning Board of Appeal Application Hello Erin Thanks for your email however there is nothing attached.Thank you very much for speaking with me yesterday. Below is my appeal letter to the committee. Please let me know you have received this email. Dear Zoning Board Appeal Committee Members: This correspondence is in regard to the variance sought by David Potter for the parking design at 40-42 Winthrop St. and related curb cuts on Endicot and Winthrop Streets I am the owner of Unit#1 of the said property-a condominium conversion with a total of three units of which David Potter is the owner of Unit#3 and the developer of the property. I am writing to petition against this parking variance for several reasons. First, the variance would encumber my easement in and out of my garage which is shared with Unit#2 and is located on Endicott street. For clarification according to the master deed I own the left side of the garage with parking behind it and share the garage with Unit#2 which has the right side of the garage with parking behind it. A curb cut on Endicott has already been in place and installed by the developer as the intention 5 is to sell the property with a third car in the driveway which would be juxtapostioned between two areas; namely between the stairs of the porch which lead to the rear entrance of the house.and to the left of my parking space behind the garage.The second reason is that this would cause me to have to walk into the street when exiting my car to walk around this parked car to get the porch stairs and subsequently to the entrance of my home.This is because the depth of this spot would also not allow a third car to pull fully into the driveway but rather it would be parked half way up the driveway. Third, since the depth and width of the driveway is also not large enough to accommodate three cars across(especially in winter with snow) it is possible that the third car would block the sidewalk to the public trying to walk by. A second curb cut was put in by the developer and is located on Winthrop street.This curb cut is very steep and the intention by the developer is to put another parking spot there belonging to Unit#3. Lastly, I have an interest in not having a driveway on that side of the house since my bedroom windows are located on the same side. It is for these above reasons that I petition against the parking variance requested by David Potter. Thank you in advance to the Board for your careful consideration of this request to deny the parking design variance sought at 40-42 Winthrop St. Sincerely, Donna Romano 40-42 Winthrop St Unit#1 Salem, MA 01970 The information in this e-mail is intended only for the person to whom it is addressed. If you believe this e-mail was sent to you in error and the e-mail contains patient information, please contact the Partners Compliance Helpline at http://www.partners.org/complianceline . If the e-mail was sent to you in error but does not contain patient information, please contact the sender and properly dispose of the e-mail. Donna Sent from my iPhone On Sep 7, 2016, at 8:26 AM, Erin Schaeffer<eschaeffer@Salem.com>wrote: Hi Donna, Attached is a copy of the Zoning Board of Appeal application for the property located at 40-42 Winthrop Street. As we discussed by phone yesterday,any member of the public can submit public comment to the Zoning Board of Appeal by letter,e-mail or in person and will be part of the record of the project. Additionally, abutters may appeal a Zoning Board of Appeal decision through state 6 land court pursuant to Section 17 of the Massachusetts General Laws Chapter 40A and shall be filed within 20 days of the date that the Zoning Board has filed their decision with the City Clerk. Abutters are notified of public hearings and are notified by mail of decisions made by the Board. All information related to the Zoning Board of Appeals including agendas, a schedule of meetings, decisions and applications are located here: http://www.salem.com/zoning-board-ar)peals Please let me know if you have any additional questions. Best, Erin Schaeffer Staff Planner, City of Salem Department of Planning&Community Development 120 Washington Street, 3`d Floor Salem, Massachusetts 01970 Phone: 978-619-5685 1 Fax: 978-740-0404 eschaeffer(a@salem.com I salem.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records. FMI please refer to: htti)://www.see.state.ma.us/ore/preidx.htm. Please consider the environment before printing this email. <40-42 Winthrop Street ZBA Application 08302016.pdf> 7