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BOA_140 Highland Avenue - Application (Stamped) CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS PETITION FORM q� CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS N 98 WASHINGTON STREET,2ND FLOOR r y B ran SALEM,MASSACHUSETTS 01970 C-) o Thomas St.Pierre,Director of Inspectional Services "L��Phh Phone:978-619-5641 t Brennan Corriston,Staff Planner _r.... K1MBERLEY DRiscoLL Phone:978-619-5685Ot MAYOR W TO THE BOARD OF APPEALS: The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at: Address: /D �� �1Gtt� 1 _ 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: 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 be 30 feet. The current depth of my rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.)A T�I��J�t1 e,}� S�'�� f �' tCt. r ram.<<Cu�7 !;� �ao " i C(3Y "Ve CouC For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (e.g. minimum depth of rear yard). What is allowed is (ft?sq ft?stories? %?), and what I am proposing is (ft?sq ft?stories?%?). (,t(A Special Permit under Section Z. of the Zoning Ordinance in order to ( )Appeal of a Decision of the Building Inspector(describe below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: Si /Z PC_VVVi( Are Lot Dimensions Included?O Yes O No Why? (Exam :Two-Family H me) 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. PETITION FORM:PAGE 1 of 2 CITY OF SALEM,MAsSAmusmS BOARD OF APPEALS PETITIoN FORM The foflov&g written statement must be submitted with this application: { ) 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 involve 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. ( ) 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 or structure 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 must be submitted with this petition form. If differentfrom petitioner: Petitioner: CO Property Owner: -- Address: �(� �� 4�Ir� iit� /fr Address: . _ TelephoneCn' OY2- — 3 T'/ - Telephone: ^ _ Email: 5 l ,,I Email. -- - - Sipature: � Signature: ._ (Attached consent letter is also acceptable) Date: U Date:If different from petitioner: Representative: Address: Telephone: A TRUE ATTEST Email: Signature: Date= CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. PETITION FORM:PAGE 2 of 2 CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS APPLICATION CHECKLIST Application Checklist To be submitted to the Board of Appeals along with the complete application. Please note that incomplete applications will not be accepted. I, b h O (k (h ,certify that the following is a complete application (Petitioner Ovmcr/Repmsenuive) containing all of the following elements(check each): Original petition form plus nine copies C2 Nine copies of Statement of Grounds(for special permit applications)/Statement of Hardship(for variance applications) ❑ Nine sets of plans and elevations,as described in Notice to Applicants ZSigned Salem News Form [A Application fees(per fee schedule)on separate checks a Signature of property owner on petition form or consent letter from property owner ❑ Previous applications to the Board of Appeals involving this property _ nl/A If expanding the footprint of an existing building or applying for new construction: Ed Nine copies of certified plot plan If seeking relief for building height: ❑ Nine copies of streetscape rendering,to scale Name: -J o k1 O VAC-0 Signature: Date: 10 Circle One: Petitioner Property Owner Representative APPLICATION CHECKLIST 10/28/2020 To whom it may concern, A little bit over a year and half ago we bought our dream house at 140 highland Ave. Salem,MA for our family. By looking at the potential of the property we made the decision with a lot of effort of a family that has been working hard for over 25 years to achieve this dream, but after a while of living at our house we noticed the dangers that we were facing at highland Ave. with trucks, cars etc... driving by at high speeds and the contractor trucks dropping items that have been flying on our property,hitting our house and endangering our family. Not too long ago I was mowing the lawn and my daughter was sitting on the front steps when a contractor truck was driving by and dropped a ladders foot on the road that broke in to three parts and cars behind it drove over them sending parts like projectiles at my family and home. One of those items hit the front window causing damage to our property at the same time the other part almost hit my daughter, we are assuming if that were to hit my daughter she probably would not be here with us right now with that being really thick metal and flying so fast. After that day we decided that we need to build a strong fence to protect our house and family, in order to protect our home and my family a fence of six feet on some of my property needs to be built because that part that hit the window, hit the window as high as ten feet which if the fence was there none of that would have happened. That incident wasn't the first and last one either, after that we've been collecting pieces of wood,rocks, glass, and metal. We would really love to enjoy our house without fear of getting struck by a projectile off the road, for that and many other reasons like homeless stopping sometimes and sitting on the front steps one of them was even caught on video using drugs and another was walking thru our properties yard saying it was his right because it was a short cut and that it was public property even though we had and still have signs stating private property on the front and back part of our property. We would really appreciate it if all this would be taken into consideration and help us to be safe in our families dream house by letting us build a six feet fence. Best regards Johnny&Gisela Polanco / Johnny Polanco f /Gisela Polanco To whom it may concern, This is the statement for the decorated wall at 140 Highland ave. Salem MA.Initially we started building the decorated wall with 4 feet in mind but since the level of the ground was uneven we were forced to build a little more than 4 feet on some parts of Highland ave. in order for it to look good with the environment,and to keep the decorated wall leveled,which we think will add value to the whole neighborhood because it's being build taking a lot of points and views in consideration.On the other side where Crowdis st. is we have the same issue with the ground being unleveled because it's an uphill street we have different heights on the wall,but we are keeping in consideration leaving that side where the corner meets at Crowdis st. and Highland ave. at a good level that won't disrupt the view of drivers by any means. In reality we are asking special permission to build the wall 6 feet high,but not to build that high because we would like to leave it the height it is,but only to be able to stay in the perimeters of the permission to build. Best regards,Johnny&Gisela Polanco Statement of Grounds at140 hi hland ave. Salem MA A.) Social economic, or community needs served by the proposal; This wall has been built for the protection of our family, property and home, because we have had damage to our home by items that fall at a great speed and go flying to our property from construction trucks, cars and other vehicles (also vehicles driving at a much greater speed than posted), and people walking through our property. It doesn't effect the social economic of others in the town in a bad way at all. B.) Traffic flow and safety, including parking and loading; Everything stayed the same as it was, nothing of the above was effected. C.) Adequacy of utilities and other public services; It doesn't have any impact of thee above. D.) Impacts on the natural environment, including drainage; It doesn't impact the natural environment, instead we are adding more to the physical environment by adding new trees, also the property has its own drainage system designed to collect all water from the property so it doesn't effect the neighborhood. E.) Neighborhood character; The materials that we used were chosen in consideration the historic aspect of the city matching the characteristics of the neighborhood. F.) Potential fiscal impact, including impact on city tax base and unemployment; It impacts in a positive way by enhancing the neighborhood and potentially by adding value to our property, and others around the neighborhood. Please I hope you take all these points in to consideration. Best regards, Johnny & Gisela Polanco ITHE ALEM NEWS REQUEST FOR LEGAL NOTICE I understand that by singing this form,I am agreeing to the cost of the legal notice to be published in the newspaper. Payment is required at the time of the legal notice being received by the City and before it is published in the newspaper. To Pay by Credit Card(preferred): The cost of the ad will depend on its length.After the News generates a proof of the ad,you will receive notice of the actual cost.You can then pay by credit card by calling our legal notice clerk at 978-338- 2512. To Pay by Check: Attach a t�— *Prepaid k in the amount of$540.00*made payable to THE SALEM NEWS. Check# cost required to run: $270 per day x 2 days=$540 deposit Important:Average legal notice costs are estimated;customers paying by check will either be refunded or billed after the legal notice is published. If payment is not received,the legal notice will be cancelled. Applicant/Authorized agent sign here: Print Name: `�� Address: �- Phone: — I q- Date: 0 O