9 ENGLISH STREET - BUILDING JACKET 9 �,,�/� s h ,sem"; ,
Commonwealth of Massachusetts �@
Citv of Salem
m 120 Washington Str 3rd Floor Salem,MA 01970(978)745-9595 x5641 r, ,'
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Return card to Building Division for Certificate of Occupancy a -1r
-Permit $ 8-16-5 P' E R M IT. TBUILD
FEE PAID:: $440.00 _
DATE ISSUED: 5/2 2016 ,
I This certifies that DIANE WALZER 9 ENGLISH ST SALEM RTY xR/
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has permission to erect; alter, or demolish a building_.-__7-REAR.ENGLISH STREET Map/Lot: 410108-0
as follows: Repair/Replace iINSTALL NEW KITCHENS ON THREE(3) FLOORS: REPAIR WALLS, NEW
CABINETS & COUNTERTOPS
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Contractor Name: CHAD DANUSIS =
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DBA:
Contractor License No: CS-101837
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Building Official f' Date
F This permit shall be deemed abandoned and invalid unless the work authorized by this permit Is commenced within sltrmonths after issuance:The Building Official -
may grant one or more extensions not to exceed six months each upon written request ,
All work authorized by this permit shall conform to the approved application and the approved construction documents for whi� permit has been granted.
All construction,akerations,and changes of use of any building and structures shall be in compliance with the tical zoning bylaws and codes: . +,
is permit shall be displayed in a location clearly visible from access street or road and shall be maintained-peri for publicinspn for the entre duration of the
work until the completion of the same.
The Certificate of Occupancy will not be issueduntil altapplicable signatures by the Building and Fire Officialssre provided on k. 3 ,
*'Persons contracting with unregistered.contractom do not have access to the guaragty (as set forth In MGL c 142A) -
Restrictions:
A `3 Building plans are to be available on site. r All Permit Cards are the property of tine PRO PE RTY-bV`;n,IER.
Commonwealth of Massa huse t -
Citv Of Salem26
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COMMONWEALTH OF MASSACHUSETTS
ESSEX. SS. SUPERIOR COURT DEPAliTMENilE
OF THE TRIAL COURT '
MISC. CASE NO.
HELEN TWARDOWSKI, )
Plaintiff, ) rN-
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ROBIN STEIN, RICIIARD DIONNE, } NOTICE OF ACTION
ELIZABETH DEBSKI, ANNE HARRIS, }
REBECCA CURRAN and BONNIE BELAIR )
as they are Members of and constitute the )
ZONING BOARD OF APPEALS FOR }
THE CITY OF SALEM, and PAUL CARRO )
Defendants. )
Please take notice that I filed a complaint in Essex Superior Court seeking to nullify the
decision of the Salem Zoning Board of Appeals granting the variance which decision is dated
March 3, 2008. This notice is hereby given pursuant to M.G.L. Chapter 40A, Section 17, and a
copy of the Complaint is attached hereto.
Respectfully Submitted,
Helen Twardowski, Plaintiff
By her Attorney,
os DiGiovarrm (BBO #659598)
Ankel.es, Bonfanti, Vontzalides & Ambeliotis LLP
246 Afidover Street
Peabgdy, MA 01960
(978) 531-7000
Dated: March. 2008
COMMONWEALTH OF MASSACHUSETTS
ESSEX. SS. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
MISC. CASE NO.
HELEN TWARDOWSKI, )
Plaintiff, )
COMPLAINT
V.
ROBIN STEIN, RICHARD DIONNE, )
ELIZABETH DEBSKI, ANNE HARRIS, ) FILE®
REBECCA CURRAN and BONNIE BELAIR ) tN THE SUPERIOR COURT
as they are Members of and constitute the ) FOR THE COUNTY OP ESSEX
ZONING BOARD OF APPEALS FOR ) MAR 29 2009
THE CITY OF SALEM, and PAUL CARRO )
Defendants.
CLERK
INTRODUCTION
1. This complaint is brought pursuant to G.L. c 40A § 17 as a result of a decision of the
Zoning Board of Appeals in the City of Salem, Essex County, Massachusetts. A certified
copy of the decision is attached hereto as exhibit "A".
PARTIES
2. The Plaintiff, Helen Twardowski (hereinafter, "Plaintiff"), is an individual that resides at
and owns the property located at 9 English Street in the City of Salem, Essex County,
Massachusetts.
3. The Defendant, Paul Carro (hereinafter "Carro"), is an individual that resides at and owns
the property located at 7 English Street in the City of Salem, Essex County,
Massachusetts.
4. The Defendant. Robin Stein, resides at 141 Fort Avenue, Salem, Massachusetts and is
sued in her capacity as Member of the Zoning Board of Appeals for the City of Salem,
Massachusetts (hereinafter `Board.")and not individually.
5. The Defendant, Richard Dionne resides at 23 Gardner Street, Salem, Massachusetts and
is sued in his capacity as Member of the Board and not individually
6. The Defendant, Elizabeth Debski, resides at 43 Calumet St, Salem, Massachusetts and is
sued in his capacity as Member of the Board and not individually.
7. The Defendant, Anne Harris, resides at 28 Chestnut Street, Salem, Massachusetts and is
sued in his capacity as Member of the Board and not individually.
8. The Defendant, Rebecca Curran, resides at 14 Clifton Avenue, Salem, Massachusetts and
is sued in his capacity as Member of the Board and not individually.
9. The Defendant, Bonnie Belair, resides at 102A Wharf Street, Salem, Massachusetts and
is sued in her capacity as Member of the Board and not individually.
STATEMENT OF THE CASE
10. Carro, as the owner of a property located at 7 English Street in Salem. Massachusetts,
petitioned the Board on February 13, 2008 for two variances related to parking at his
aforementioned English Street property.
1 I. On March 3, 2008, the Board denied Carro's request for a second curb cut enabling the
creation of two (2) additional parking spaces, but granted Carro's request for one of the
variances lie was seeking permitting him to maintain four (4)parking spaces at the rear of
the property that do not meet the requirements for stall dimensions and do not provide for
the minimum two (2) foot setback from the side and rear lot lines. (See Exhibit "A")
12. That part of the decision of the Board granting the variance to maintain the four (4)
parking spaces at the rear of the property exceeds the Board's authority and is arbitrary
and capricious because, among other things, there are no circumstances relating to soil
conditions, shape, or topography of the property which merit the grant of a variance.
13. That part of the decision of the Board granting the variance in maintain the rntu. (.41
parking spaces at the rear of the property is erroneous as a matter of law and it is an abuse
of discretion.
14. The Plaintiff is a direct abutter to the property and is aggrieved of the Board's decision.
Wherefore, the Plaintiff prays that this Honorable Court:
1. Annul the decision of the Zoning Board of Appeals that granted a variance to maintain
the four (4) parking spaces at the rear of the property;
2. Award Plaintiff his costs and attorney's fees in this action; and
3. Grant such other and further relief as the Court deems appropriate.
Respectfully Submitted,
Helen Twardowski, Plaintiff
By her Attorneys,
Jb!'jph Digiovanni (BBO #659598)
William Delaney (BBO #544060)
Ankeles, Bonfanti, Vontzalides & Ambeliotis LLP
246 Andover Street
Peabody, MA 0 196
(978) 531-7000
Dated: March, 2008
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�ticonrnr��a CITY OF SALEM, MASSACHUSETTS
.fy BOARD OF APPEAL
`—' 1 20 WASHINGTON STREET, 3RD FLOOR.
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
Nmeoo� FAX: 978-740-9846
KIMBERLEY DRISCOLL Z H 3 1.1 _3 P I%: 3b
MAYOR
March 3, 2008 1
Decision
City of Salem Zoning Board of Appeals
Petition of Paul Carro requesting a Variance for a second curb cut to
allow for two new parking spaces and a Variance from minimum stall
dimensions and minimum setback to allow the existing four spaces to
remain at 7 English Street [R-2).
A public hearing on the above Petition was opened on February 13, 2008 pursuant to
Mass General Law Ch. 40A, §§ 11. The public hearing was closed on February 13, 2008
with the following Zoning Board members present: Robin Stein, Bonnie Belair, Elizabeth
Debski, Rebecca Curran, and Richard Dionne.
Petitioner seeks variances pursuant to the following section of the Salem Zoning
Ordinance: § 7-3 Off-street parking, uncovered, not included in structure.
Statements of fact:
1. Paul Carro presented the petition for the property he owns at 7 English Street (R-
2).
2. The plan submitted to accompany the petition is entitled "Plot Plan of Land, 7
English Street, Salem, Property of Paul Carro", dated December 13, 2005, and
prepared by North Shore Survey Corporation.
3. The existing curb cut is on Gerrish Place (labeled "way" on the plan). This curb
cut provides access to the existing four (4) parking spaces at the rear of the
property. These four (4) spaces do not meet the requirements for stall dimensions
and do not provide for the minimum two (2) foot setback from the side and rear
lot lines.
4. The petitioner is proposing a second curb cut on English Street. This would
access a second driveway on the left side of the property to park two cars, one
behind the other. The two parking stalls depicted on the plan in this location do
not meet requirements set forth in §7-3 for stall length and the regulations that
parking facilities shall be designed so that each motor vehicle may proceed to and
from the parking space provided for it without requiring the moving of any other
vehicle.
2
5. Letters of support for the requests of the petitioner were submitted by Dawsom
Mertz (7 English Street) and Heather and Michael Ukstins (7 English Street).
6. Two direct abutters spoke at the hearing against the petition including Helen
Twardowski (9 English Street) and Amy Conrad (5 English Street).
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 separate findings for each request:
1. Request for variances from minimum stall dimensions and minimum setback to
allow the existing four spaces to remain
a) The variances requested are not contrary to the public interest and, owing
to special conditions; a literal enforcement of the provisions of the City of
Salem Zoning Ordinance would result in unnecessary hardship.
b) A literal enforcement of the provisions of the ordinance would require
reducing the number of spaces accommodated on site and, would involve
substantial hardship, financial or otherwise to the petitioner and the
neighborhood.
c) There are circumstances relating to the layout and access to this parking
area which especially affect the property but do not affect generally the
zoning district in which the property is located in.
d) For these reasons, 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 ordinance.
2. Request for a variance to allow for a second curb cut on English Street to allow
two new parking spaces.
a) The variances requested are contrary to the public interest and special
conditions do not exist that create unnecessary hardship. Not all residents
have driveways; these circumstances are not unusual to the zoning district
the property is located in.
b) After hearing concerns about safetv the Board concluded that desirable
relief may not be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or
purpose of the ordinance to allow for a second curb cut.
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:
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1. To allow the existing four spaces to remain at the rear of the propertv, the
petitioner may vary the terms of section § 7-3 of the Salem Zoning Ordinance.
specifically stall dimensions and the minimum setback from lot lines.
2. The addition of a second curb cut shall not be allowed.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals two votes:
There was a vote of five (5) in favor (Stein, Debski, Dionne, Curran, and Belair) and
none (0) opposed, to grant petitioner's request for variances from minimum stall
dimensions and minimum setback to allow the existing four spaces to remain.
There was a vote of three (3) in favor (Debski, Dionne, and Belair) and two (2) opposed
(Stein, Curran) to grant the petitioner's request for a second curb cut on English Street,
therefore as stated above the addition of a second curb cut shall not be allowed by the
decision.
The variances granted shall be 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.
Robin Stein, Chair
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.
porsoant to the Mi sarbuse"s General Laws Chapter-10A Senn, 11 0-\!Drill r, Cpt•611 PF11 r
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been fileti with the. Essex South Registry of Deeds.
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