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47 MEMORIAL DRIVE - BUILDING INSPECTION rsuperob® as 90%LargerlabelAnea ••"•'" /// I SMEAD KEEPING YOU ORGANIZED NO.10301 rrrw.�y ■.al.tul► GETORGANIMIATMI.&COM x �v��CONDIT,t�Oi CITY OF SALEM, MASSACHUSETTS " a4zi BOARD OF APPEAL 29 P 2: 33 120NV%St11NG1'0NS'rafa, r S,v.itn�.�L�ss,�c�iusi`rrs01970 KiMBEUEY DRISCOLL Ti:JJ:::978-745-9595 ♦ F,vX:978-740-9846 FILE if L rola CITY CLERK, SALEM, MASS. October 29, 2013 Decision City of Salem Board of Appeals Petition of MARC TRANOS requesting Variances under Section 5.1 Off-Street Parking of the Salem Zoning Ordinance to grant relief from: the maximum allowed entrance and exit drive width of 20 feet,prohibition of parking spaces within 5 feet of the street line, and encroachment upon the required 2 foot minimum setback of a parking lot and associated entrance and exit drives from all lot lines at 47 MEMORIAL DRIVE (RI Zoning District). A public hearing on the above Petition was opened on October 16, 2013 pursuant to M.G.L Ch. 40A, The hearing was closed on that date with the following Salem Board of Appeals members present: Mr. Duffy (acting Chair), Mr. Dionne, Mr. Watkins, and Mr. Tsitsinos. The Petitioner seeks Variances from Section 5.1 0gU1,7et Parking of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped September 25, 2013, the Petitioner requested Variances to keep a newly- constructed driveway in its current configuration, at the property located at 47 Memorial Drive. 2. Mr. Marc Tranos presented the petition for the property at 47 Memorial Drive. 3. Mr. Tranos stated that due to the topography of the site, rain water flows across the street and into the front yard of 47 Memorial Drive. The rain water collects against the side of the house and seeps through the foundation. Mr. Tranos consulted with various professionals about correcting this situation, and was advised to adjust the height and pitch of the front yard to direct the rain water off of the property,and to install an impermeable surface. 4. Mr. Tranos and the Building Inspector each stated that Mr. Tranos had contacted the Building Inspector regarding the project, and the Building Inspector had informed Mr. Tranos that the proposed project could be completed without seeking zoning relief. Mr. Tranos proceeded with the project, and learned after construction was complete that zoning relief was in fact required.- 5. equired.5. The requested relief, if granted, would allow the Petitioner to keep his newly-expanded driveway in its current configuration with: an entrance and exit drive width at the street lot line greater than the maximum 20-foot width at the street lot line set in the Zoning Ordinance, a parking space within 4 feet of the street line, and the location of a parking lot and associated entrance/exit drives immediately adjacent to the eastern lot line (at the property boundary shared with 49 Memorial Drive). 6. At the public hearing, Mr. Tony Tv[arfongelli of 49 Memorial Drive, Ms. Linda Morin of 44 Memorial Drive, and Nfs. Kimberly Smith of 45 Memorial Drive each posed questions on various aspects of the project. Nfs. Morin also mentioned her disapproval of the applicant proceeding with work prior to obtaining the necessary permits. No written comments regarding the petition were received prior ro the public hearing. City of Salem Board of Appeals October 29,2013 Project: 47 Memorial Drive Page 2 of 2 The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petitions, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings: 1. The erosion of the front yard, caused by rain water overflow from the street onto the property, results in pooling of water against the foundation of the house and intrusion of water into the basement of the property. This creates a unique condition in which a literal enforcement of the Of'Slreel Patkino requirements under the City of Salem's Zoning Ordinance, specifically the maximum allowed entrance and exit drive width at the street lot line of 20 feet, prohibition of parking spaces within 5 feet of the associated entrance and exit drives from all lot lines, street line, and encroachment upon the required 2 foot minimum setback of a parking lot and would be a substantial hardship to the appellant. 2. The desired relief may be granted without substantial detriment to the public good. 3. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in favor (Mr. Duffy—Acting Chair, Mr. Dionne, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed, to approve the Variances from; the maximum allowed entrance and exit drive width at the street lot line of 20 feet to allow 33 feet, prohibition of parking spaces within 5 feet of the street line to allow a parking space . minim within four (4) feet of the street lot line, and encroachment upon the required 2 foot um setback of a parking lot and associated entrance and exit drives from all lot lines to allow no setback (0 feet) on the eastern lot line only, subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Mike Duffy, Ac Chair Board of Appeals A COPY"OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, it'any,shall be made pursuant to Section 17 of the Afacraduaettr General Lams Chapter FOA and sball be0*1 within_0 days o%filing of this deco on in the ofjire o%the City Clerk.Pursuant to Me Alruradtusetls General Lams Chapter 4014, Seeker 1 i, Ibe I anance or Special Permit granted herein shall not lake effect until a ropy of the decision bearing tGe eertrficate of the City Clerk Gas been liled will) the Esfe_% Soulb Registry of Deeds. City of Salem, MA 6/28/2011 Interactive Map \ a 1 , F 0 166 3 feet Property Information PropertylD 42_0008_0 LocsUon 47 MEMORIAL DRIVE MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Because of Mefmd update scixxlules,numerd property oasossmenm may not mflod recent dor to property bwndaros.Cber Wv dre Boardof As eorol000nfiro, boundaries used at time of assessment ROOF DECK DECK BELOW II '� I r I I 1 ROOF PLAN • "I L T p� IL Er-0..I [17 zi 4T-B. MEMORIAL DRIVE ELEVATION Tranos Residence 47 Memorial Drive Salem Massachusetts I I i --DECK BELOW ROOF DECK ROOF PLAN / I i 17- . - -- -� ��' i I I ti a N � Y lI dill J COLLINS COVE ELEVATION Tranos Residence 47 Memorial Drive Salem Massachusetts Certificate No: 915-12 Building Permit No.: 915-12 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type - - - 47 MEMORIAL DRIVE in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 47 MEMORIAL DRIVE i This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ._ .. _ ...... _ unless sooner suspended or revoked. Expiration Date Issued On: Fri Nov 30,2012 - _. GeeTMS®2012Des Launers Municipal Solutions,Inc. -��-- ----- - i"�! �—�� -.... — — __. ._. ..... .... i� Tv 47 MEMORIAL DRIVE 915-12 cisIt- - - 16279 CON[NIONWEALTH OF MASSACHUSETTS —42 -- -- Block: CITY OF SALEM Lot: 0008 _— CateSory. Addition T j BUILDING PERMITPerm t# 915-l2 lProlectH JS-2012-002587 I Est. Cost. $175,000.00 . !Fee Charged: $1,225.00 LBalanee Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor; License: Expires: :Use Group_ _ _ �T.F. MCCARTHY CONS9'RUCTIO SUPERVISOR-C5081975 'Lot Size(sq_ft.): 3839.814 MarkTranos (Zoning:----- aI-------------- .Units Gained: jAppiicctnt: T.F. NICCARTHY Units Lost: ---]AT. 47 MEMORIAL DRIVE ISSUED ON: 11-May-2012 AIVIENDED ON: EXPIRES ON: 11-Sep-2012 TO PERFORM THE FOLLOWING WORK REMOVE EXISTING ADDITION,CONSTRUCT A NEW ADDITION AND ADD NEW LEVEL TO EXISTING HOUSE AS PER ZBA APPROVALjbh POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Buildin Underground: Underground: OI v{ Underground: Excavation: Pt� 5/ 1fe , Service. (Mete . �� 11tlitfootings: (/ Bough: 13 lyl� Rough Rough: \'/ Fuwldation: Final:�� Final: I Final,/l�I��" /H/� Rough Frame: �P- Fireplace/Chimney: D.P.W. Fire Health '^ l G� Insulation: V Meter: Oil: v Final: �) // ^ pause tl Smoke: Final: ; {` -K Trrasnry: �O Water: Alarms ASSeSSnr t1,LgrIL _ Sewer. Sprinklers: Final: r`o`'1P r U // �C/a, THIS PERMIT MAY BE REVOKED BY THE CITY OF SALENI UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: -Che kNo: 12unt: BUILDING REC-2012-002820 I I-May-12 .S I,225.00 IMPORTANT:OWNER OR CONTRACTOR MUST ARRANGE FOR PERIODIC INSPECTIONS DURING CONSTRUCTION.SEE CURRENT BUILDING CODE CHAPTER I FOR LIST OF REQUIRED INSPECTIONS. CALL 978-619-5641 TO SCHEDULE ANI SPE(.Tlntj Gco T,NISO 2012 Des lauriers Municipal Solutions,Inc. `t*cudolr CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 1 20 WASHINGTON STREET, 3RD FLOOR et , SALEM,SALEM. MASSACHUSETTS O 1970 — �-, TELEPHONE: 978-745-9595 9'�ZxruEUl�r FAX: 978-740-9846 KIMBERLEY ORISCOLL MAYOR August 3, 2011 Decision City of Salem Zoning Board of Appeals Petition of MARC TRANOS requesting relief per Section 3.3.4 of the Salem Zoning Ordinance to extend a nonconforming structure. Proposed addition will have a side yard setback of S'and add a 3rd story living space on the property located at 47 MEMORIAL DRIVE (R-1 Zoning District). A public hearing on the above Petition was opened July 20, 2011, pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on that date with the following Zoning Board of Appeals members present: Rebecca Curran (Chair), Elizabeth Debski, Richard Dionne, Jamie Metsch, and Bonnie Belair (alternate). Petitioner seeks a Special Permit and Variance pursuant to Section 3.3.4 of the City of Salem Zoning Ordinances. Statements of fact: 1. The petitioner represented himself at the hearing. 2. In a petition date-stamped June 29, 2011, petitioner requested dimensional Variances under Section 4.1 of the Zoning Ordinance in order to extend his nonconforming single-family house by demolishing a portion of it, constructing a new addition, raising the roof elevation and adding a new dormer. However, the Building Commissioner determined that relief was required under Section 3.3.4 instead. 3. At the hearing on July 20, 2011, two direct abutters indicated their support for the project. No one spoke in opposition. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: J 1. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 2. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit and Variance per Sec. 3.3.4 of the Salem Zoning Ordinance to extend a nonconforming structure are granted. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Curran, Debski, Dionne, Metsch and Belair) and none (0) opposed, to grant petitioner's request for relief under Section 3.3.4 subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, 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 to. 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. 8. 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 3 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. 9. The facade will be adjusted to be three-dimensional, protruding from the house at least 2" on both sides. Rebecca Curran, Chair Salem 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 has been filed with the Essex South Registry of Deeds. ZONING DISTRICT — RESIDENCE R1 REQUIRED EXISTING PROPOSED LOT AREA 15,000 6600± 6600± FRONTAGE 100' 60' 60' LOT WIDTH 100' 60' 60' FRONT 15' 20'± 20'± SIDE 10' 7'± 5'± REAR 30' 53'± 53'± LOT COVERAGE 30% 18% 24% COLLINS COVE shed `2't MAP 42 LOT 9 S:PR ANTONIO & PATRICIA MARFONGELLI 49 MEMORIAL DRIVE SED M b OoMAP 42 LOT 7ovedBRADFORD SMITHNs'± 1s'± 45 MEMORIAL DRIVE t+ existing' 3'± hood� to be t story PROPOSED removed to be'I ":m. removed ,.N ADDITION 2 story dwellingw q � 12" 7'± #47 18 1, 5't PROPOSED H +I LANDING & µ: N +i paved N STEPS parking 60' MEMORIAL DRIVE PLOT PLAN OF LAND 47 MEMORIAL DRIVE _ SALEM 1 PROPERTY OF 1 CERTIFY THAT THE BUILDINGS /.°`/' cy MARC TRANOS HEREON ARE LOCATED ON + �M THE GROUND AS SHOWN t+ .se:'4s MARY LOU TRANOS SCALE 1° = 20' JUNE 23 2011 23 " , %� NORTH SHORE SURVEY CORPORA 14REG. PROF. LAND SURVEYOR 14 BROWN STREET — SALEM, MA 978-744-4800 #3585