Loading...
0 PROCTOR STREET - BUILDING INSPECTION PROCTOR STREET • r o' i y MICHAEL E. O'BRIEN CITY SOLICITORg MARY P. HARRINGTON 93 WASHINGTON STREET �u�N6wp° ASSISTANT CITY SOLICITOR and 93 WASHINGTON STREET 187 FEDERAL STREET CITY OF SALEM and SALEM, MA 01970 MASSACHUSETTS 59 FEDERAL STREET 745.4311 SALEM, MA 01970 7443383 744-0350 Please Reply to 187 Federal Street Please Reply to 59 Federal Street November 30 , 1984 Gerard Kavanaugh City Planner One Salem Green Salem, MA 01970 Dear Mr. Kavanaugh: You have _reques_tel:an_opinion__regarding whether a 'proposed�townhouse_deve_lo_pment on Proctor Street oan—be developed where the parcel has 139 feet of frontage;all on Proctor Street , but that frontage is not continuous. The minimum lot width requirement is 100 feet . It is my opinion that the lot cannot be developed without a variance. The minimum lot width requirement is 100 feet and that width must be measured at the rear of the front yard depth and on a line parallel with the right of way line or a line 25 feet from and parallel with the center line of the travelled way. It is my understanding that the lot width of the parcel is 94 feet , thus short by 6 feet and requiring a variance. The issue here is not frontage, so the fact that the frontage is not continuous is not a factor. Salem' s zoning ordinance requires a minimum lot width rather than a minimum frontage. Very truly yours , Mary P . Harrington MPH:jf Assistant City Solicitor cc : Building Inspector City Clerk s SUPPLEMENTARY REGULATIONS SECTION VII P. Wetlands and Flood Hazard Districts. r 1. PURPOSE a. To protect the health and safety of the occupants of . lands subject to seasonal or periodic flooding. - b. To protect persons and property from hazard and loss through the regulation of future development of lands adjoining water courses. c. To preserve the natural flood control characteristics and the water storage capacity of wetlands and flood- plains, and to protect against pollution and con- tamination of such water supplies, and to conserve valuable habitats for wildlife including fisheries . and shellfisheries. d. To insure the control and containment of sewage, and the safety of gas, electric, fuel , and other utilities from breaking, leaking, shortcircuiting, igniting or any other damage due to flooding. 2. DEFINITIONS. The Wetlands and Flood Hazard Districts shall be considered as overlying any other district established by this Ordinance and any use permitted in the portions of the district so. overlaid may be permitted as an exception if authorized by a special permit by the Planning Board (see Subsections 4 and 5 below) . a. Wetlands are meadows, marshes, swamps, bogs and areas of flowing or standing water and the saline water contiguous with the shoreline. Wetlands are charac- terized by the presence of wetland soils and of plant communities which require the presence of water at or near the ground surface for a significant portion of the year. Specifically, the Wetlands District is designated as follows: i. As the areas designated on the maps titled "Wetland Areas of Salem, Massachusetts" , ;Nos. 01 through 31 , prepared by Dr. Jerome Long , dated r March 15, 1977, on file with the City Clerk which are incorporated herein as reference, including those areas designated as buffer ' zones. G7 SUPPLEMENTARY REGULATIONS SECTION VII The boundaries of these Wetlands Districts shall 10C be determined by the scaling distance on said maps. ii. All saline waters and land from the mean high tide seaward to the municipal boundaries. Mean High - Tide is elevation 8. 8 feet Mean Low Nater (4.44 feet Mean Sea Level) . b. The Flood Hazard District follows the boundaries of the 100-year floodplain which is defined as the relatively flat lowland which adjoins a watercourse . or other body of water and which is subject to periodic flooding by the watercourse or water body at a storm frequency of 100 years. Specifically, the Flood . _ Hazard District is defined as all areas designated as flood hazard areas (zones A, A3, V3) as shown on the maps titled "FIA Flood Insurance Rate Maps" Nos. 01 through 06, City of Salem, Massachusetts, dated March 15, 1977, on file with the City Clerk which are incorporated herein by reference. * The Flood Hazard Districts affected by coastal flooding (zones A3, V3) are based on elevation 15. 36 feet Mean Low Water (11.0 Mean Sea Level) . Boundary lines trace this elevation contour. Where it can be properly shown that land is above this elevation, that land shall not be considered as being included in the District. Any proposed use to be located within the limits of these Districts as determined by the Inspector of Buildings under Section IX of this Ordinance shall be governed by all regulations of this Section as well as all other applicable provisions of this Ordinance. Where the Inspector of Buildings is unable to determine the exact location of the boundaries of the District, the Planning Board, with the assistance of the City Engineer and the Conservation Commission, shall. make the necessary interpretation. 3. PERMITTED USES . The Wetlands and Flood Hazard Districts shall be considered r>s SUPPLEMENTARY REGULATIONS SECTION VII PC as overlying other zoning districts. Any uses permitted in the portions of the zoning districts so overlaid may be permitted as .an exception if authorized by special permit- by ermitby the Planning Board (see Subsections 4 and 5 below) . In the Wetlands and Flood Hazard Districts, the following uses axe permitted as of right , provided that any and all , permits, orders or approvals required by state or federal law shall have been obtained. a. Conservation of soil, water, plants and wi! O.life, - including wildlife management shelters. b. Outdoor recreation, including play areas, nature study, boating, fishing, and hunting where otherwise legally permitted. c. Noncommercial signs (as permitted in the underlying district) , wildlife management areas, foot , bicycle, and/or horse paths and bridges provided such uses do not affect the natural flow pattern of any water .course. d. Agriculture of all types including but not limited to grazing, crop farming, nurseries, truck gardening and harvesting of crops. .e. Forestry including landscaping and accessory uses such as flower or vegetable gardens, lawns and fences. f. Temporary nonresidential structures used in connection with fishing or growing, harvesting, storage or sale of crops raised on the premises. g. Unpaved access ways or unpaved accessory parking lots, substantially at grade which are not needed in con- junction with vehicle or machinery sales, repairs, or storage. h. Private paved driveways serving a single family residence where alternative means of access are inappropriate and not reasonably feasible. (IC i . For single-family detached dwellings, two-family , dwellings, or duplex houses existing at the time this Section is enacted, the expansion of these (or their accessory) uses to a maximum of fifteen SUPPLEMENTARY REGULATIONS SECTION VII (15) percent of that portion of the lot "covered when this section is enacted, provided that such expansions conform to all other provisions of this Ordinance, and do not constitute substantial improvement of a structure. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the actual market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improve- ment" is considered to occur when the first alter- ation of any wall, ceiling, floor, or other struc- tural part of the building commences, whether or not that alteration affects the external dimen- sions of the structure. The term does not, however, include either (1 ) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration, restoration, or rehabilitation (but not expansion) of a structure listed on the National Register of Historic Places or State Inventory of Historic Places: Structures " erected or expanded under this subsection shall use construction materials and utility equipment that are resistant to flood damage, and construction methods and practices that will minimize flood damage in accordance with the Massachusetts State Building Code. 4. SPECIAL PERMIT USES. In the Wetlands and Flood Hazard Districts no structure or building, including pipes and wells, shall be erected, constructed, substantially improved, enlarged, or other- wise created or moved; no area shall be paved; no earth or other material shall be stored, dumped, used as fill, excavated, or transferred; and no sediment shall be caused "to be discharged from or onto a .wetland, unless all the following conditions are found to exist as part of the granting of a Special Permit by the Planning Board: 70' SUPPLEMENTARY REGULATIONS SECTIO,'J VII a. The proposed use will comply in all respects to the t uses and provisions of the underlying District in which. th.e land is located. b. There is adequate convenience and safety of vehicular_ .and pedestrian movement within the site, and in re- lation to adjacent streets and property; particularly in the event of flooding of the lot(s) or adjacent lot(s) caused by either overspill from water bodies or high runoff. c. Utilities, including gas, electricity, fuel, water, and sewage disposal, shall be located and constructed so as to protect against breaking, leaking, shorteircuit- ing, grounding or igniting or any other damage due to flooding,* d. The cumulative effect of the proposed development or use, when combined with all other existing and anti- cipated development and uses will not obstruct or divert flood flow; substantially reduce natural flood- water storage capacity in the local drainage area destroy valuable habitat for wildlife including fisheries or shellfisheries; adversely affect ground- water resources or increase storm water run-off velocity so that water levels on other land are sub- stantially raised or the danger from flooding increased. Further, in the Wetlands District only, the Planning Board shall also find the following conditions to be fulfilled: e. The proposed development or use shall not include the storage of salt , chemicals, petroleum products or other contaminating substances or discharge of any polluting liquids or materials into streams, brooks or wetlands. . (The polluting effects of substances on the Wetlands are to be gauged by the "Rules and Regulations for the Establishment of Minimum Water Quality Standards and for the Protection of the Quality and Value of Water Resources" of the Commonwealth of Massachusetts. ) f. The floor level of areas to be occupied by human . beings as living or work space shall be four (4) feet or more above the seasonal high water table. g. If the basement floor level is below the seasonal high water table and affords the possibility of human occupancy at some future date, although not originally f intended, adequate perimeter drainage and foundation ti shall be installed to withstand the effect of pressure and seepage. Furnace and utilities are to be pro- tected from the effects of leaching. SUPPLEMENTARY REGULATIONS SECTION VII h. If the lot is to be served by an on lot septic system, the leaching area designed for use, as well as a reserved area for future expansion or total future use, shall be plotted with dimensions on the site plan, and the leaching areas shall not be constructed where the seasonal high water table is less than 4 feet below the bottom of the leaching areas. Further, in the Flood Hazard District only, the Planning Board shall also find the following conditions to be fulfilled: i. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for residential uses shall be at or above the 100 year flood level.* j . The floor of the basement , or if none, the lowest floor of new construction or substantial improvement of structures for non-residential uses shall be at or above the 100 year flood level or the structures shall be flood-proofed to that level in compliance with the applicable requirements of the Massachusetts State Building Code.* Flood-proofing measures shall insure that the structure is watertight and that structural components have the capability of resisting - �! hydrostatic and hydrodynamic loads and the effects of . bouyancy. Further, where the proposed use will be located within a Coastal High Hazard Area (zone V3 on the FIA Flood Insu- ranee Rate Maps) , the Planning Board shall also find the following conditions to be fulfilled: k. New structures or substantial improvements shall be located landward of the reach of Mean High Tide.* 1. New structures or substantial improvements shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns so that the lowest portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the 100 year flood level . Space below the lowest floor shall be free of fixed obstruction. * M. The support of new structures or substantial improve- c C ments shall not be, in whole or in part , by the use of fill . * 72' SUPPLEMENTARY REGULATIONS SECTION V11 5. SPECIAL PERMIT PROCEDURE. s Any person(s) desiring such a special permit shall file an application in five copies to the Planning Board and one copy to the City Clerk which shall comply with the following submittal requirements: a. A site plan at a scale of 1" equals 20 ' shall be prepared by a registered land surveyor or registered professional engineer and shall show at least the following: i. Lot lines within which the development is proposed and the tie-in to the nearest road intersection;. ii. The location, boundaries, and dimensions of each lot in question; iii. Two-foot contours of the existing and proposed land surface; iv. Location of existing and proposed structures, water- courses, drainage and drainage easements, means of access, utilities, and sewer disposal facilities including leaching fields, if any. Proposed elevations should be noted. b. In the wetlands District; a determination by a qualified engineer of the seasonal high water table, performed during the last two weeks of March or the first three weeks of April. A minimum of two percolation tests for each leaching area shall be performed. c. A written report describing the proposed development or use relative to each of the conditions of subsection 4. above. , d. In cases of flood-proofing or pile construction, certi- fication by a registered professional engineer or architect as to the elevation of flood-proofing measures and as to compliance with the applicable sections of the Massachusetts State Building Code concerned with flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood. * Where specific methods or techniques have been previously certified, the Planning Board may waive this requirement . e. A list of Federal , State, and other local permits re- quired by the applicant . 7j . SUPPLEMENTARY REGULATIONS SECTION VII r The Planning Board shall, within 7 days after the filing of r' said application, transmit one copy of said application and plan to the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission who may, at their discretion, investigate the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action on such plan until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after distribution of such application without a submission of a report . The Planning Board Shall hold a Public Hearing on said .application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The Planning Board shall notify the applicant in writing of . its decision on the special permit . The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. . The Planning Board may, as a condition of approval, require that the applicant give effective notice to prospective purchasers, by signs or by recording the special permit at the Registry of Deeds, of the wetland or flood hazard con- ditions associated with said premises and the steps under- taken by the petitioner or his successor in title to alleviate the effects of same. 'e6. AREA AND YARD REGULATIONS. The portion of any lot within the Wetlands and/or Flood 74 SUPPLEMENTARY REGULATIONS SECTION VII Hazard Districts may be used to meet the lot area, open space, and yard requirements for the underlying zoning district in which the lot is situated without application for a special permit . 7. VARIANCES . A variance may be granted from the provisions of this Para- graph P "Wetlands and Flood Hazard Districts" in accordance with the terms of this Zoning Ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the following additional terms and conditions: a. A special permit has been applied for in accordance with this paragraph and has been denied. b. The Board of Appeals shall only grant a variance from the provisions of this Section upon: °S i. a showing of good and sufficient cause;* ii. a determination that failure to grant a variance would result in exceptional harshiip .to the applicant ;* iii. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; * and iv. a determination that .the variance is the minimum necessary to afford relief.* c. Along with the petition for a variance hereunder, the petitioner shall file: i. A written report describing the proposed development or use relative to the conditions in subsection 7. above; ii. The special permit application as filed with the Planning Board; �1`75 SUPPLEMENTARY REGULATIONS SECTION VA I iii . A copy of the Planning Board decision relative to . the Special Permit. F-. The Board of Appeals shall establish a hearing on the petition under the provisions of Chapter 4OA of the Massachusetts General Laws and in accordance with the Board' s administrative rules, Section IX; Paragraph C. and shall notify the Planning Board, City Engineer, Board of Health, Conservation Commission and Historical Commission of said hearing. The Board of Appeals shall notify the applicant in writing of its decision on the petition. In the event a variance is granted, the Board shall document in its decision the nature of ,the variance from the provisions of the Wetlands and Flood Hazard Districts as well as the grounds for its granting. A variance from the Flood Hazard District shall t"- include the following statement: t "The construction of a structure below the base flood level increases risks to life and property and will result in increased premium. rates for flood--insurance . up to amounts as high as $25 for $100 of insurance coverage.*" The Board of Appeals shall, as a condition of the variance, require that a copy of the variance be recorded by the applicant at the Registry of Deeds. 8. ANNUAL REPORT. ThePlanningBoard shall maintain a file of all applications for special permit or variance under the Flood Hazard District and shall summarize these in its annual report . The summary shall be in a format acceptable to HUD and a VC copy of said report shall be sent to the following agencies: SUPPLEMENTARY REGULATIONS SECTION VII Flood Insurance Program Dept . of HUD 15 New Chardon Street Boston, Massachusetts 02114 Federal Insurance Administrator Dept . of HUD 451 Seventh St . SAY Washington, D.C. 20410 9. AMENDMENTS TO THIS PARAGRAPH P. The adoption of flood plain management zoning is a require- ment for Salem's continued participation in the Flood Insurance Program of the Department of Housing and Urban Development (HUD) . The Flood Insurance Program provides previously unavailable flood insurance protection to property owners in flood-prone areas. The minimum HUD ` requirements for flood plain management are noted in this ordinance by an asterisk O . Future amendments to this Paragraph P. shall comply with these requirements or any subsequent modifications to these requirements. 10. APPLICATION! The provisions of this ordinance are not intended to repeal, amend, abrogate, annul, or interfere with any lawfully_ adopted ordinances, covenants, regulations or rules. How- ever, where this ordinance imposes greater restrictions, the provisions of this ordinance shall govern .* 77 r C:ifu_ of �xlciil, �41jas5aClll,a£IIs Q , 2.� w� +� ��liIllllTltg �II3rl Our Salem (rrrrn DECIS?ON o T ca Ms. Josephine Fusco F City Clerk cr_ City Hall - - m w Salem, %!A 01970 m ., co Gear Ms. Fusco: At a regularly scheduled —meetinc of _%:e Ss1a-. Board held on October 26, 1989 it was voted to endorse provai Under Sub- division Control Law Not Reauired" on the followinc descried plan: 1. applicant: Charles Brett c/o John Vallis 73 Washington Street, Suite 33 Salem, NA 01970 2. Location and Description - . Two (2) vacant parcels of land: one situated on ,,Proctor Street and the other situated an the corner of both Proctor Street and Pope Street. Deed of property records in Essex South District Registry. Sincerely, Tialter Power III Chairman WP/sm (I�if of *Iem, gassar4meffs Planning �RnttrD 41HV Xalt Aaleen, ,,fifassachusetts 01970 C=2 NOTICE TO BE ATTACHED TO 'e FORM "A"APPLICATIONS F. See Form "A" applications for M 0 complete instructions for filing. r All insertions shall be typewritten - Y or printed neatly in ink. Date: ---oatohex..26- 1-88.9..... City Clerk Salem, Massachusetts 01970 Dear Sir: I handyou herewith two copies of Form A, an application submitted by me this day to the Plan. ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with said application that Planning Board approval under the Subdivision Control Rules and Regulauuns is not required. The land shown on the accompanying plan is located at ...R.ope..and..Pror-tox..Streets — ......................... in Ward .3............................ ............._ ....... (insert street and street numbers here)i_ rC a- s r�ttr b h�sA,//t o;rney Signature of Owner _ .J.. jallii GZCf Street Address ...._.�:..- --Wia&hi-ngt-ot}--Stree*--r---se-ite---3.3 City/Town & State .....Salem... ----------- ---------- Telephone --......Telephone Number ... ------•------------------------------------ I s (fli# ofttlem, ussttc�use##� 'N Planning Poxrb 41"1 Xaa �Salsm, ,faffaachuadta 01970 FORA A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL In accordance with provisions of Section 11-B, the applicant must file, by delivery or registered mail, a Notice with the City Clerk stating the date of sub- mission for such determination. The notice shall be attached to two copies of this Form A application. The notice and both copies of the application must be "date stamped" by the City Clerk and then one copy of this Form A, with the Plan, filed with the Planning Board by the applicant. All notices and applications shall be typewritten or neatly printed in ink. October --.....1989_... Salem, Mass., ............. ........•26............ To the Planning Board: The undersigned, bclic%ing that the accompanying plan of his property in the City of Salem does not constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. 11-A and state specific reasons) ---Both..parcel s..ha.v-e...fr-outage--- ....... . existence_when--the d-i v i s.ion...Control...haw-..be came...effer_tiue_....... . i.a..the.. .---•..... ............... ......... . ........... ............... ----------- _---........... . ...............I........I-------------- ........ .............. ......... -................ ......................................... . and herewith submits said plan for a detennination and endorsement that Planning Board approval under the Subdivision Control Law is not required. 1. Name of Owner Charles Brett .... .... ....... ........ Holten Street, Danvers Address --.139.. ......--__ -.._ ... . ........._.................. ...................-..._............... .... 2. Name of Engineer or Surveyor P- J. F.. Associates....... .................._.... ......... AddressI Gleason Street, Medford, MA 3. Deed of property records in Essex South_ District_... . ..R Registry Dp Book 'L,S j.- .. ..... Page /.,3..._6. '..-4 Urenl `12G6 1(ty. 22� 4. Location and Description of Propenv: Two, .(.2 )_..vacant-.-oa.rcels_of-_-------- land: one situated on Proctor, .Street,,.and-.the.-coth.er........ situated on, the corner.. of. both...Proc.for...Street..and...Pape-..._ ... ... Street.. . ........ _............ ..---------_.----... .... _.......... _._.. ......... 1.- ..-.._.... .. ... ................................. . ----------------------- -__..........------ _ ........ .._.......__.. ........ . _ ........... ........I........ . ..._......... . ................................ _. . .......... . ......... .............. ....-_.......--------- .._................... . ----- - ......................_............... .. -- .......... --._..... .......... ..... ...... ............... ........I............... ......... . ............ -- ............... . .....__....... ... .... --.._.......__ _._..._JJ... .. ..._ i. All streets and abutting lot lines shall be shown /the gether co4c Owners of the abuttin lots. � .. � r Signature of Ownei•-- . .�-� - Va lis , Attorney for Owner Address .7.3..Wazh ' S-treet, -_Su-ite---33,- Salem, MA Telephone Number ..iS.Q$.)....7.45.794.9-5.................... ................. . N/F ALBERT G. EISEN N/F THE CITY OF SALEM Q� r N � X36 49 Sg^f N12'� g�� 6� 00, 22.00 'S o4 �-1� N6� O N/F JAMES H. MC DONALD °A- o •oti 22s ? C! 16,000+/- S.F. /°B g 8x 1 � �qY 29.195 S.F. 'cpR SS?�S0 N/F THE CITY OF SALEM 60.00' o, z :p v L=34.38' o N/F MAYNARD V, of o o ALLEN ocn O N fv c c0 m M. 53.5+/-' 60.00' 62.61' 1616.89' 344.65' 10.2, S19'33'34"W POPE STREET SALEM PLAINNING BOARD APPROVAL UNDER THE SUBDIVISION SITE PLAN OF LAND CONTROL LAW! NOT REQUIRED IN FOR REGISTRY USE ONLY I HEREBY . CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE SALEM ) M COMMONWEALTH OF MASSACHUSETTS. 01A OF Af'4N PREPARED BY: P, J,F , ASSOCIATES GEk4LD - pGu "` 11 GLEAS ❑N ST. MEDF❑RD SU , G 1 MASS, Ap �'C.S - - I CHAIRMAN DATE: SCALE1 1"=20' DATE,, JULY 3. 1989 0. GERALD GUERRINI R.L.S. No. 14034 0' 10' 20' 40' F,.------ 1—�.�..�."",I