21 CARLTON STREET - ZBA (2) i
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Legal Notice _ b
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CITY OF SALEM P1
BOARD OF APPEAL la
745-9595 Ext.361 ar
Will hold a public hearing for all per- i
sons interested in the petition submit- de
i ted by JENNIFER ADMIRE requesting
a Variance from rear yard setback and •
I lot coverage to construct a-2 story addi- ea
tion for the property located at 21 10
• CARLTON STREET R-2:Said hearing ;
to be held WEDNESDAY, MAY 17, of
2006 AT 6:30 P.M., 120 WASHING- +
TON STREET 3RD FLOOR, ROOM I
313.
Nina Cohen, L:
Chairman C
05/03,05/10!2006' D
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CITY OR SALEMt MASSACHUSETTS
• BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 r
T[L[PHON6: 976-749-9899 n
FAX: 978-740-9846 0
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DECISION OF THE PETITION OF JENNIFER ADMIRE REQUESTING A 37
VARIANCE FOR THE PROPERTY LOCATED AT 21 CARLTON STREET R-2 4 v
A hearing on this petition was held on May 17, 2006 with the following Board Members cn
present: Nina Cohen, Chairman, Richard Dionne, Robin Stein, Nicholas Helides and
Edward Moriarty. 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 from rear setback and lot coverage to construct
a2 story addition for the property located at 21 Carlton Street located in a 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
structure 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 careful consideration of the evidence presented at the
hearing, and after reviewing the plans, makes the following findings of fact:
1. The property is located in the R-2 zone which requires a minimum rear yard
setback of thirty (30) feet and permits a maximum lot coverage of twenty-five
(25%) percent
2. The property exists non-conforming in that the existing rear setback is twelve
(12) feet and the existing lot coverage is forth-four percent.
3. The Petitioner has lived in the house for a number of years and desires to
construct an addition that will provide her family with additional living space.
4. Said addition will not increase the rear lot nonconformity as the setback will
remain twelve (12) feet but will result in a lot coverage of forty-nine (49%)
percent.
5. The Board considered the hardship associated with the narrowness of the lot and
that the addition will not increase any existing setback nonconformity.
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DECISION OF THE PETITION OF JENNIFER ADMIRE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 21 CARLTON STREET R-2
page two
6. Additionally, the Applicant submitted letters of support from two neighbors and
the Board found that granting relief of the rear setback and lot coverage
requirements is not contrary in to the public interest.
7. There was no opposition to this petition.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
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 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
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4. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board. 3rn
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building permit riot to beginning any construction. ,.;,� v;cn
5. Petitioner shall obtain a g p p 9 9 v
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6. A Certificate of Occupancy shall be obtained. 'D3
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7. Exterior finishes of the new construction shall be in harmony with the existing .__ 3
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structure. do
8. Unless this decision expressly provides otherwise, any zoning relief granted does
Not authorize Petitioner to demolish or deconstruct any structure(s) on the property
to an extent greater than 50% of the structure as measured by floor area or
replacement cost. If a structure on the property is demolished by any means to an
extent of more than 50% of its replacement cost or more than 50% of its floor area at
the time of deconstruction, it shall not be reconstructed except in conformity with the
Ordinance.
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FER ADMIRE
DECISION
PROPERTY LOCON OF ATED AT 2111CARLTON STREET RSITING A VARIANCE
Page three
Variance Granted Robin Stein
May 17, 2006 Board of Appeal CS'Yq
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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.
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N / F Andrew S. Smith
James & Marie Assessor's Map 41
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Assessor's Map 41 1 fN 1,940 SF.*
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ADDITION
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Mary Ellen Leahy
No.21
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Lot 87 • Story
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06 PLOT PLAN of LAND
Zoning District: R2 21 CARLTON STREET
Assessors Map 41, Lot 88 SALEM, MASS.
Deed Reference: Book 18979, Page 115 Prepared For:
Proposed Lot Coverage = 45% t JENNIFER ADMIRE
SCALE: 1" = 20' APRIL 27, 2006
NOTE: THIS PLAN WAS PREPARED FROM A
TAPE SURVEY AND IS INTENDED FOR BUILDING ROD LAND SURVEYORS
INSPECTOR PURPOSES ONLY. OFFSETS SHOWN 365 CHATHAM ST., LYNN, MASS.
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