3 BEDFORD STREET & 76 PIER PONT STREET - ZBA _ �
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ZBA ACTION FORM
BOARD MEMBERS": MOTION SECOND VOTE
Date: Robin Stein (Chair)
Rebecca Curran ✓
Petitioner: Tf P y �P„ti F S� Elizabeth Debski
Annie Harris
Address: Richard Dionne ✓Y
Bonnie Belair (Alternate)
Jimmy Tsitsinos q
(Alternate) T
nn�, II II Total: 4—r)
Conditions: lkpl44 IXkKc. t9 bl gip, 6 D °�
❑Petitioner shall comply with all city and state statutes, ordinances,codes and regulations. S
❑ 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.
❑Petitioner shall obtain a building permit prior to beginning any construction.
❑Exterior finishes of the new construction shall be in harmony with the existing structure.
❑A Certificate of Occupancy is to be obtained.
❑A Certificate of Inspection is to be obtained.
❑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.
❑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(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(50%)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
ZONM7ggO CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
.a 120 WASHINGTON STREET, 3RD FLOOR
( Q SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
DOS FAX: 978-740-9846
P
KIMBERLEY DRISCOLL �+ 1: 21
MAYOR 2010 1'U�-1 N
November24, 2010 CITY C?_ +'i. 5 ` •>.5.
Decision
City of Salem Board of Appeals
Petition of MADELINE JACKSON requesting a reversal of Director of Inspectional
Services' decision to allow a second driveway on the property located at 3
BEDFORD STREET,abutting 76 PIERPONT STREET, Salem,MA(R-1 Zoning
District).
A public hearing on the above petition was opened on November 17, 2010 pursuant to
Massachusetts General Law Ch. 40A;Sec. 11. The following Zoning Board of Appeals
members were present: Elizabeth Debski (chairing the meeting),Rebecca Curran, Richard
Dionne, and James Tsitsinos (alternate).
The petitioner,Madeline Jackson, sought a reversal of the Director of Inspectional Services'
finding that a second driveway on the abutting property, located at 3 Bedford Street, is legal.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing,and after thorough review of the Petition submitted, makes the following findings
of fact:
1. Madeline Jackson is the owner of 76 Pierpont Street, which abuts 3 Bedford
Street, owned by James Denis.
2. Ms.Jackson and her daughter,Laura Ridley, presented the appeal at the hearing.
3. 3 Bedford Street is within the Residential One-Family Zoning District.
4. 3 Bedford Street is not located within the Entrance Corridor Overlay-District.
5. There are two driveways on 3 Bedford Street, one of which is located more than
two feet, but less than five feet, from Ms.Jackson's property line, and is the
subject of the appeal.
6. The petitioner is requesting reversal of a finding made by the Director of
Inspectional Services that the second driveway conforms with the City of Salem
Zoning Ordinances and may remain without any relief from the Board of
Appeals.
7. At the hearing,Mr. Denis'attorney,Michael E.McMahon,spoke in opposition
to the request to appeal. He presented a petition with ten signatures in support
of allowing the driveway to remain.
8. At the hearing,the Director of Inspectional Services stated that driveways must
be within five feet of an abutting property line within the Entrance Corridor
Overlay District; however, outside the Entrance Corridor,the required distance
from abutting properties is two feet, and Mr. Denis'driveway meets this
requirement.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to,the Petition the Zoning Board of Appeals concludes as
follows:
1. The driveway located at 3 Bedford Street nearest to 76 Pierpont Street is legal
and may remain. The decision of the Director of Inspectional Services regarding
this property is upheld.
In consideration of the above,the Salem Board of Appeals voted, four (4) in favor(Curran,
Dionne, Tsitsinos, and Debski) and none (0) opposed,to uphold the Director of
Inspectional Services' decision allowing the driveway on 3 Bedford Street to remain.
tQ
Eizabeth Debski
Salem Zoning 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 filing of this decision in the
office of the City Clerk. Pursuant to the 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 it has been dismissed or denied and 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.
LAW 01FIC'CS OF
MICHAEL E. WMAHON
,\r"FORNEY AND COUNSELOR A r LAW
583 Cheanut Street, Suite III 9 Digby Lane
Lynn,Massachusetts 01904 Gloucester, Mat)1930
1'el.. (7,41)581-1010 'rel. (978)283-1919
Fax. (781)595-1370
June 9, 2010
Thomas St. Pierre
Building Inspector
City of Salem Building Department
120 Washington St.
Salem, MA. 01970
Re: 3 Bedford St Salem MA.
Dear Mr. St. Pierre:
Please be advised that I have been retained by Mr. James Denis Sr. who resides at 3
Bedford St. Salem, Massachusetts with respect to certain issues regarding the use of driveways
upon those premises.
It is my understanding that Mr. Denis has been the subject of complaints by a neighbor
on Pierpont St. who contends that his driveway is somehow "illegal". It is my considered opinion
after having extensively researched the Salem building code as well the General Laws of
Massachusetts that Mr. Denis's driveway's, and specifically the driveway located off of Pierpont
Street are legal and meet all requirements of the law.
As you know 3 Bedford St., Salem is located in a R-1 zoning district which provides for
single residential use. i
I have attached as exhibit I a satellite view of 3 Bedford St. Salem, Massachusetts which
specifically shows the house located on the comer of Bedford Street and Pierpont St. both of
which are accepted public ways of the city of Salem.
You will note that exhibit I also clearly indicates the presence of two (2) driveways each
accessing a different street as is very common in a corner lot.
I have attached as exhibit 2 the present condition of the driveway access from Pierpont
St. to the Denis's property. The paved area of the driveway has been determined by a recent
survey to be more than 2 feet from the adiacent oronertv line. The property line in question
essentially runs from the street alongside of the green hedges.
Recently the complaints by Mr. Denis's neighbor have been brought to the
attention of the Salem Police Department. While Mr. Denis will do everything he can to maintain