17 CARLTON STREET - ZBA a �
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e T,egal Notice
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is or CRY OF SALEM
able, BOARD OF APPEAL
ions, 978-745-9595,Ext 381 ,
•RMS will hold a public hearing for all per-
•d or sons interested in the petilion submit-
be of ted by BRIAN DOWER requesting a
iUO- Variance per Section 7-19 (c) (2) to
arms allow a curb cut to create a driveway {
�Mmis- between residence and fence for ft
ifica- property located•at 17 Carlton Street
L 'R-2. Said hearing will be held on
r- Wednesday, April 20,2005 at 6:30
'roue, p.m., 120 Washington Street, 3rd
Ir floor,Room 313.
Nina Cohen,Chairman
(M6,13) �
o
CITY OF SALEM9 MASSACHUSETTS
a ; BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 C-
MAYOR FAX: 978-740-9846 o n-.
DECISION ON THE PETITION OF BRIAN DOWER REQUESTING A VARIANCe
FOR THE PROPERTY LOCATED AT 17 CARLTON STREET R-2 c
A hearing on this petition was held on April 20,2005 with the following Board Membervi
present;Nina Cohen Chairman, Richard Dionne, Edward Moriarty,Nicholas Helides and
Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance per Section 7-190(2)to allow a curb cut to create
a driveway between residence and fence for property at 17 Carlton Street located in an R-
2 zone.
The Variances,which have been requested, may be granted upon a finding by this Board
that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal, after carefiil consideration of the evidence presented at the hearing,
and after viewing the plane, makes the following findings of fact:
1. The Petitioner, Brian Dower presented his petition to allow a curb cut to create a
driveway between the residence and the fence on the right side of the dwelling
and for the use of two parking spaces at the rear of the lot.
2. A petition signed by many of the neighbors was presented and read into the
minutes.
3. Zoning Board Member Edward Moriarty expressed concern over the loss of green
space in the rear yard.
DECISION OF THE PETITION OF BRIAN DOWER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 CARLTON STREET R-2
page two
4. Chairman Nina Cohen inquired if the petitioner was in favor of a restriction in the
decision to restrict the dwelling to single family use. Petitioner affirmed they were
in favor of such restriction.
5. Chris Loring of 19 Carlton Street spoke in favor of the petition.
On the basis of the above findings of fact, and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore,the Zoning Board of Appeal voted 4 in favor and 1 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shalt comply with all city and state stature, ordinance, codes and
regulations.
2. All construction shall be done as per the plans submitted 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. Property shall remain a single family use.
Variance Granted
April 20, 2005 X/.�% A21"=GGA
Nicholas Helides
Board of Appeal
DECISION OF THE PETTTION OF BRIAN DOWER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 17 CARLTON STREET R-2
page three
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 date of filing
of this decision in the office of the City Clerk Pursuant to 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 is
has been dismissed or denied 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.
Board of Appeal
MAP 41 LOT 72
ROBERT CHILTON MAP 41 LOT 71
10 BECKETT ST. TWELVE BECKETT STREET
CONDOMINIUM MAP 41 LOT 70
JAMES & MARIE NADEAU
14 BECKETT ST.
2
37' _
-H MAP 41 LOT 86
AREA = 2625 f S.F.
2' allowable
bumper overhang
5'f 19' 12't
0
I° proposed
parking
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parking "•�
12't "
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MAP 41 LOT 85
15 CARLTON STREET deck
CONDOMINIUM
7.4'
MAP 41 LOT 87
CHRISTOPHER LOHRING
T MARY ELLEN LEAHY _
0 19 CARLTON ST.
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#17
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38' I I
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CARLTON STREET \- curbing to be removed
WIDTH OF DRIVEWAY REQUIRED — 12'
WIDTH OF DRIVEWAY PROVIDED — 7.4'
MINIMUM AISLE WIDTH REQUIRED — 20'
AISLE WIDTH PROVIDED — 12'
PLOT PLAN. OF LAND
17 CARLTON STREET
eVAOFI'ASS9 SALEM
GAIL cy� . PROPERTY OF
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SMITH BRIAN DOWER & TASHA DAVIDSON
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No.35043 SCALE 1 " = 10'
Poe, ishR�°Q��'�Q MARCH 8, 2005
NORTH SHORE SURVEY CORP.
47 LINDEN ST., SALEM, MA
#2462
Peg Harrington
15 Carlton Street
Salem, Massachusetts
019'70
Board of Appeals
c/o Ms. Nina Cohen, Chair
City of Salem
Salem, MA 01970 April 17, 2005
Members of the Board,
I write today to offer my full support of my neighbor Brian Dower in his request to create
a driveway and parking area on his property at 17 Carlton St., immediately adjacent to
my back yard. As you know, this is a very congested neighborhood with parking in short
supply. I am fortunate that my condominium has a small driveway for off-street parking
for both my car and the owner of the upstairs unit, because given the complete lack of
enforcement of resident-only parking rules here and the abuse of on-street parking by
certain residents who choose not to use their driveways, I would be faced with a similar
situation.
Mr. and Mrs. Dower are wonderful neighbors seeking to improve their property and the
neighborhood as a whole, and I have every confidence that their plans will be in keeping
with the unique character of the street.
Respectfully submitted,
Pe rringto
To Whom It May Concern:
I am writing this letter to attest to the fact that I have no opposition to my neighbor,
Brian Dower, at 17 Carlton Street installing a curb cut between our houses. I live at 19
Carlton Street and Mr. Dower has requested the curb cut so that he can park his vehicle in
the space between our houses.
I am in favor of allowing my neighbor, Brian Dower, to have a curb cut and driveway pui
in between 17 and 19 Carlton Street, Salem, MA.
Respectfully,
Chris Lohring
19 Carlton Street
Salem, MA 01970
978-853-9138
4/16/05
To: Members of the City of Salem Board of Appeals:
This letter is to state that I am in favor of and have no objections to my neighbor, Brian
Dower, to have a curb cut and to create a driveway between residence and fence for the
property located at 17 Carlton Street, Salem, MA.
Respectfully,
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