7 ENGLISH STREET - ZBA (2) Si-
- - cZ� � -- -- - - - — -
d
W � \
1
d
r �
. �oNDIT�,gO CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 t�
KIMBERLEY DRISCOLL u� *';"� '3 P 12: 3b
MAYOR
i-
March 3, 2008 Cl 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-21.
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.
f
-A
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 safety 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:
t
3
1. To allow the existing four spaces to remain at the rear of the property, 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.
b t
Robin Stein, Chair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND"FHE 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.
HENEY & ASSOCIATES, LLC
ATTORNEYS AT LAW
86 DODGE STREET,ROUTE 1A
NORTH BEVERLY,MA 01915
W W W.HENEYLAW.COM
TELEPHONE: (978)9211050'TOLL FREE: (866)5501050'FACSIMILE: (978)921-7877
October 27, 2008 via First Class Mail
wA
Elizabeth M. Rennard �er✓��
City Solicitor
93 Washington Street
Salem, Massachusetts 01970
V
RE: Twardowski v. Stein, et als.
Paul Carro, Application for Special Permit for Parking
Dear Attorney Rennard:
Please be advised that this Office represents Paul Carro in regard to the removal of his
application for special permit with the City of Salem.
7 English Street, Salem, MA (the"Subject Property") is a condominium conversion
consisting of three units. Mr. Carro was the developer who has recently sold the final of three
Units. The current owners of Unit 1 are Augusto Saccoccio and Catherine Ciccarelli who took
title on September 18, 2008; deed recorded with the Essex South Registry of Deeds at Book
28046 and Page 420. The current owners of Units 2 are Michael A. Ukstins and Heather Baker;
deed recorded with the Essex South Registry of Deeds at Book 26849 and Page 300 and dated
May 18, 2007. The current owner of Unit 3 is Dawson J. Mertz; deed recorded with the Essex
South Registry of Deeds at Book 26612 and Page 556; and dated March 3, 2007.
During February of 2008, Mr. Carro applied for one special permit concerning the
Subject Property. The special permit application requested the allowance of curb cuts,
pertaining to Unit No. 1, which was denied (Letter and legal notice concerning the same
enclosed herewith) At the time of the application, Tom St. Pierre, The Salem Building Inspector,
suggested adding an additional requested involved parking at the premises for Units 2 and 3.
The permit was granted concerning the parking. This is the subject of Twardowski v. Stein et al.
litigation.
Kindly take this letter as official notice that Paul Carro is withdrawing his application for
Special Permit for parking at 7 English Street, Salem, Massachusetts. As reasons thereof, Mr.
Carro was not an owner of the affected premises or the associated parking areas at the time he
made application. As a result, he did not have standing to apply for a Special Permit and any
awarding of a Special Permit by the City of Salem to Mr. Carro was in error as Mr. Carro is not
and was not the current owner of the premises at the time of the approval of the special permit
(enclosed herewith).
Should you require any additional information, please do not hesitate to contact me at any
of the contact information listed above.
Sincerely,
William E. y, Esq.
cc: William F. Delaney
REMOVAL OF SPECIAL PERMIT APPLICATION
I, Paul Carro, hereby remove and request the City of Salem remove my
application for Special Permit. To the extent that the Special Permit has been granted in
my name affecting property known as 7 English Street Salem Massachusetts, I hereby
request the City remove the award of Special Permit for parking purposes.
I was not the owner of the affected land at the time of application and am not
currently the owner of 7 English Street, Salem, Massachusetts and as a result, I did not
have the standing to apply for the Special Permit and it was error to grant the same to me.
Signedunderthe pains and penalties of perjury, this 2T day of October, 2008.
Paul Carro
HELEN A. TWARDOWSKI, TRUSTEE
\ 411 LOT 108
9 EN ET SALEM REALTY TRUST
7R ENGLISH STREET
33.54' S48'1 2'44"E
16.8' - 16.8'
I
m o n 3
PARKING m PARKING
� O=-I
16.8' I 16.8' � N N 1
i -I}- nh
N
'm
PARKINGm PARKING 250'
m
PORCH
W
O
N
n
a
z
H Lf)
W O
U }
� ) W�
PROPOSED '6 <
Oaf I� PARKING m jW
Z
<. a J
rnn
Ow w
Of OfWooW
<O�of
Cr)F Cr)
=0=
J"J
G
o
PROPOSED m z 0
W Z Z
PAFLIN, J W a W
W <
=O1f01
_0 L v.0'
G mL33. ,>
N48'12'44"W .0.1
ENGLISH STREET
PLOT PLAN OF LAND
+�t'`ttlGA0 IF IL Y4fe cs 7 ENGLISH STREET
L SALEM
SMH
I CERTIFY THAT THE BUILDINGS u No.36043 Q PROPERTY OF
HEREON ARE LOCATED ON ;q� *F-1Srtp�0 PAUL CARRO
THE GROUND AS SHOWN. 14A, ASCALE 1" = 10' DECEMBER 13, 2005
NORTH SHORE SURVEY CORPORATION
14 BROWN ST. - SALEM, MA
DAT 'REG.. PROF. LAND SURVEYOR #2574
F. ROBERT ALLISON
ATTORNEY AT LAW
159 DERBY STREET
SALEM. MASSACHUSETTS 01970
TELEPHONE (978) 740-9433 FAcsI iLE (978) 744-4463
February 14, 2006
Helen A. Twardowski, Trustee
9 English Street Salem Realty Trust
9 English Street
Salem, MA 01970
RE: Way between 7 and 9 English Street, Salem, MA
Dear Ms. Twardowski:
Please be advised that I represent the owners of 7 English Street, Salem,
Massachusetts concerning the way located between 7 and 9 English Street.
The records at the Registry of Deeds and applicable law clearly show the
following:
1. You each "own to the middle of the way."
2. Where, as here, the lot is shown on a plan and there are no restrictions in
any of the records at the Registry regarding the way, you each have the right to travel on
the way.
Accordingly, the owners of 7 English Street have the right to use the way.
Thank you for your attention.
Very truly yours,
F. Robert Allison
FRA/dg
Cc: Paul Carro
CERTIFIED MAIL/RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL
Dawson Mertz
7 English Street, Unit 3
Salem, MA 01970
February 5, 2008
To Whom It May Concern:
As a resident of 7 English Street condominium, unit 3, Salem, MA, I have two deeded
parking spaces on the property behind the condominium. I have lived in this
condominium for 11 months and have parked my car in the deeded parking spaces for the
entire time I have lived there. I have never had any issue with the size of the parking
spaces. Even when the owners of the adjacent unit 2 have their cars parked in their
deeded parking spaces, there is plenty of room to open car doors, pull my car in and out
of the space.
Thank you,
Dawson Mertz
r '
February 11,2008
Zoning Board of Appeals
City of Salem,Massachusetts
Salem City Hall
93 Washington Street
Salem,MA 01970
Re: Petition for variance at 7 English Street,Salem
To whom it may concern,
We purchased our property at 7 English Street,Unit#2 from Mr. Paul Carro in May of
2007,and would like to submit our comments on Mr. Carro's request for a curb cut at the
same property.
Regarding the curb cut to allow for a parking space on the land deeded to unit#1 in our
building,we understand Mr. Carro's motivation for requesting the curb cut and we take no
issue with his request.
We also understand there has been discussion regarding the dimensions of the existing
parking spaces in the rear of 7 English Street,two of which are deeded to our property. We
have been parking in our two spaces since we purchased the property,and have had no
difficulties whatsoever with the size or location of the parking spaces. We are able to
comfortably park both of our cars in the spaces,and are able to easily maneuver around the
adjacent parking spaces that are deeded to the owner of Unit#3.
We hope that the board will hear Mr. Carro's request and grant him the variance for which
he has applied.
Sincerely,
Heather and Michael Ukstins
7 English Street#2
Salem,MA 01970
I
ZoninS Board Proiect Status Sheet
Project Address:
Applicant:
Date of Application:
Date Opened at Meeting:
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
Legal Notice Sent: Publication Dates:
Abutters List Requested:
Abutters Notice Sent:
Notice of Decision Sent:
Decision Filed: Appeal Period Over: