29 CARLTON STREET - ZBA ZI C& I �+ r
,00NDITq.� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
QSALEM, MASSACHUSETTS 01970 - --
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FAX 978-740-9846 n
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KIMBERLEY DRISCOLL -< A
MAYOR
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November 30, 2009 " °
Decision t
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City of Salem Zoning Board of Appeals
Petition of JOSEPH A. SKOMURSKI, seeking a Variance from minimum rear yard
setback to construct a two-level deck at the rear of the existing two-family house, and
a Variance from minimum side yard setback to construct a covered side porch, on
the property located at 29 CARLTON STREET, Salem, MA(Business
Neighborhood Zoning District).
Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §4.0, Dimensional
Requirements.
Statements of fact:
1. The owner of the properly,Joseph Skomurski, represented himself at the hearing.
2. In a petition dated October 28, 2009, the applicant requested Variances from
minimum rear yard setback to construct a two-level deck at the rear of the existing
two-family house, and a Variance from minimum side yard setback to construct a
covered side porch.
3. A public hearing on the above mentioned Petition was opened on November 18,
2009, pursuant to Mass General Law Ch. 40A, �S 11. The pubic hearing was closed
on November 18,2009, with the following Zoning Board of Appeals members
present: Richard Dionne (chairing the meeting), Annie Hams,Becky Curran,Beth
Debski, and Jimmy Tsitsinos (alternate).
4. There was no public opposition expressed at the meeting. Nat Lord, 27 Carlton St.,
asked about the plans for drainage, and whether a gutter would be installed. The
applicant confirmed that a gutter would be built to handle roof drainage.
5. At its meeting on November 18, 2009, the Board of Appeals voted five (5) in favor
and none (0) opposed to grant Variances from the dimensional requirements of §4.0,
Dimensional Requirements.
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
findings:
2
1. 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 zoning ordinance.
2. The applicant may vary the terms of the Business Neighborhood Zoning District to
construct the proposed additions, which are consistent with the intent and purpose
of the City of Salem Zoning Ordinance.
3. In pern fitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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:
1. To allow for the construction of the additions as proposed, the requested Variances
from dimensional requirements for structures in the Business Neighborhood zone
are granted.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Harris,
Curran,Debski, Tsitsinos and Dionne) and none (0) opposed, to grant petitioner's requests
for Variances subject to the following terms, conditions, and safeguards:
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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.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
8. Petitioner shall install a gutter on the new side entrance to prevent water from
shedding onto the neighboring property.
ism
RichardDionne
Salem Zoning Board of Appeals
3
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 Pursuant to the 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 has been filed with the Essex South Registry
of Deeds.
Map 41 Lot 63
N/F
92 Derby Street Condominium
92 Derby St.
Bk 27183 Pg 119
Concrete Wall
33.70' —
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Map 41 Lot 92
2,265 sq.ft.
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Map 41 Lot 91 Map 41 Lot 62
Nathaniel LordN/F
ai Townsend House Condominium
27 Carlton St. #2933 Carlton St.
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Bk 16270 Pg 70 Conc. 1 Sty. Bk 7700 Pg 1
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Granite Curb
CARLTON STREET
REFERENCES:
1) Deed Book 4317 Page 532,
2) Plan in Book 2011 Page 600. PLOT PLAN
3) Plan Book 409 Plan 60. 29 Carlton Street
4) Plan Book 216 Plan 29. Salem, MA
ZONING DISTRICT: 131 Prepared By
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