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7 ENGLISH STREET - ZBA c�o�> �� � �-- � °� � � ���-� E oq,q CITY OF SALEM, MASSACHUSETTS Q BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR l SALEM, MASSACHUSETTS 01.970 0 TELEPHONE: 978-745-9595 uo� FAX: 978-740-9846 : 2001 SEP — I P 1: 30 KIMBERLEY DRISCOLL MAYOR FILiF ff CITY CLERK, S?,LEPj, ; A SS. September 1, 2009 Decision City of Salem Zoning Board of Appeals Petition of Michael and Heather Ukstins requesting Variances to allow four (4) existing stacked parking spaces to remain on the property located at 7 English Street [R-2]. A public hearing on the above Petition was opened on August 19, 2009 pursuant to Mass. General Law Ch. 40A, §§ 11. The public hearing was closed on August 19, 2009 with the following Zoning Board of Appeals members present: Robin Stein, Bonnie Belair, Elizabeth Debski, Rebecca Curran, and Jimmy Tsitsmos. 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. In a petition dated January 24, 2008, Paul Carro requested relief from requirements of the Salem Zoning Ordinance to allow a curb cut. Upon review by the Building Commissioner, it was determined that further relief was needed for four parking spaces to remain on the property and for the addition of two new parking spaces. At its meeting on February 13, 2008, the Board opened and closed a public hearing on this matter. 2. The plan submitted to accompany the petition was titled"Plot Plan of Land, 7 English Street, Salem, Property of Paul Carro," dated December 13, 2005, and prepared by North Shore Survey Corporation. 3. In a decision dated March 3, 2008, the Board of Appeals denied variances for a curb cut, and also denied relief for the two new parking spaces, which were shown on the plan along the West side of the property, abutting property belonging to Amy Conrad. 4. In the same decision, dated March 3, 2008, the Board also granted relief from dimensional requirements of§ 7-3 of the Salem Zoning Ordinance to allow the four spaces at the rear of the property to remain. This decision was appealed by abutter Helen Twardowski (9 English Street). Paul Carro did not respond to the appeal because he claimed he did not own 7 English Street at the time and therefore did not have standing to petition the Board of Appeals for the variance. 2 5. On June 2, 2009, Essex Superior Court issued an Order and Judgment remanding the matter to the Board of Appeals to address defendant Paul Carro's standing to file a petition for a variance relative to 7 English Street, and to entertain a further petition from the current owners of the property for a variance from minimum stall and setback dimension. 6. In a petition dated July 28, 2009, Michael and Heather Ukstins, current owners of 7 English Street, Unit 2, requested relief from parking stall length and design to allow the four parking spaces at the rear of the property to remain. 7. At its meeting on August 19, 2009, the Board of Appeals opened and closed the public hearing regarding the Ukstins' petition. Attorney John Keilty presented the petition on behalf of the Ukstins. 8. Attorney William Delaney, representing direct abutter Helen Twardowski (9 English Street) spoke at the hearing against the petition. The Board of Appeals, 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: 1. Order and Judgment from Essex Superior Court: a. Because Paul Carro did not own 7 English Street at the time he petitioned the Board of Appeals for relief from off-street parking requirements to allow the four spaces at the rear of the property to remain, he did not have standing to receive the Variances requested. In consideration of the above, the Salem Board of Appeals voted five (5) in favor (Stein, Debski, Curran, Tsitsinos and Belair) and none (0) opposed, to rescind its decision to grant Variances issued on February 13, 2008 from minimum stall and setback requirements for the four rear parking spaces at 7 English Street, and to annul said Variances. 2. Request for Variances from parking stall length and design to allow the four existing spaces to remain at the rear of 7 English Street: 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. 3 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. 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. 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 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. 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 voted five (5) in favor (Stein, Debski, Curran, Tsitsinos and Belair) and none (0) opposed, to grant petitioner's request for variances from off-street parking regulations to allow the existing four spaces to remain. The variances granted shall be subject to the following term, condition, and safeguard: 1. Petitioner is the obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 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. 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. ANKELES, BONFANTI, VONTZALIDES 85 AMBELIOTIS, LLP Willowdale Office Condominium Unit 101 246 Andover Street Peabody, MA 01960-5489 ATHANTelephone 978-531-7000 NICHOLAS A. P.VONLIDES General Fax 978-532-3597 HARRY ANKELES NICHOLAS P.VONTZALIDE3 NICHOLAS M.AMSELIOTIS Real Estate Fax 978-538-0152 11958-19901 MARSHALL E.HARMON LEONARD A.aONFANTI• IRETIREDI DAVID L.ANKELES- WILLIAM F.DELANEY' JAMESeoNFANTI- E-Mail: ab(alahblawcom �orcou�ed Web Site: www.ahblaw corn September 22, 2009 Clerk's Office Land Court Department of the Trial Court 226 Causeway Street Boston,MA 02114 Re: Helen Twardowski v. Robin Stein,et al C.A. No.: 09 MISC 412041 Dear Sir/Madam: Enclosed for filing please find plaintiffs Affidavit of Notice in connection with the above referenced case. Thank you for your assistance in this matter. Very truly o rs, WFD/jms W' am F.Dela ey Enclosures COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. LAND COURT C.A. NO.: 09 MISC 412041 HELEN TWARDOWSKI, Plaintiff V. ROBIN STEIN,JIMMIE TSITSINOS, RICHARD DIONNE,ELIZABETH DEBSKI, ANNIE HARRIS,REBECCA CURRAN and BONNIE BELAIR as they are Members of and constituting the ZONING BOARD OF APPEALS FOR THE CIYY OF SALEM, MICHAEL UKSTINS and HEATHER UKSTINS, Defendants AFFIDAVIT OF NOTICE Now comes William F. Delaney,Esquire and being duly sworn states as follows: 1. I am counsel for all named plaintiffs in the above captioned matter. 2. On September 22, 2009,1 sent written notice of the filing of plaintiffs Complaint together with a copy of the Complaint via certified mail to all named defendants. 3. Copies of the U.S. Postal Service certified mail receipts are attached hereto as Exhibit A. 4. Such notice was forwarded within fourteen (14)days after the filing of the Complaint as required by G.L.ch.40A,Section 17. Signed under the pains and penalties of perjury this 22nd day f September,2009. William . 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Z ejl�.y wre �)eiH p M,e.n.od Q ,Z ..j POWSO p eeaevd p y.� O s n i �/ 13 1 :1 -q ® W LWI "IIVW -j OOIAAOS ILIsOd (� . . ................................ . 1^...!X/C1V _Ale -N m90di. .D 1 $ ...jB eBelsod l.{ol m -- -- n Iv.nnO.d l+zw..rovu:11 C� aa,{Rams;,Ps�P1=a�. C7 C:f ci (POv N ... • r . ; .d f CERTIFICATE OF SERVICE I,William F. Delaney,attorney for the plaintiffs,hereby certify under the pains and penalties of perjury that I have on this 22d day of September,2009 served the attached AFFIDAVIT OF NOTICE upon the defendants by first class mail to the attorney of record: Robin Stein Rebecca Curran 141 Fort Avenue 14 Clifton Avenue Salem,MA 01970 Salem, MA 01970 Beth Debski Bonnie Belair 43 Calumet Street 102A Wharf Street Salem,MA 01970 Salem, MA 01970 Richard Dionne Annie Harris 23 Gardner Street 28 Chestnut Street Salem,MA 01970 Salem, MA 01970 Jimmy Tsitsinos 6C Wharf Street Salem,MA 01970 Michael and Heather Ukstins 7 English Street Salem,MA 01970 William F. Delaney,Esquire BBO#544060 ANKELES,BONFANTI,VONTZALIDES& AMBELIOTIS,LLP 246 Andover Street Peabody,MA 01960 (978)531-7000 ri A ��tMINBrA� ELIZABETH M. RENNARD CITY OF SALEM JERALD A.PARISELLA City Solicitor KIMBERLEY L. DRISCOLL, MAYOR Assistant City Solicitor 93 Washington Street One School Street Salem, MA 01970 Beverly, MA01915 Tel: 978.619.5631 LEGAL DEPARTMENT Tel:978.921.1990 Fax:976.744.1279 93 WASHINGTON STREET Fax: 978.921.4553 Email: brennard@salem.com SALEM, MASSACHUSETTS 01970 Email:jap@alexanderfemino.com July 6, 2009 Augusto Sac coccio Kathryn Ciccarelli 7 English Street Unit 1 Salem, MA 01970 RE: 7 English Street Salem MA 01970 Dear Augusto and Kathryn: On June 2, 2009, the matter of Twardowski v. Carro and the City of Salem Board of Appeals was before the Essex Superior Court. Neither Mr. Carro nor his representative appeared for the hearing because Mr. Carro contends that he did not have standing to file a petition for a variance relative to parking at 7 English Street and, as such, does not have to defend the case. Since you and other condominium owners did not move to intervene in this case,the Judge ordered that the matter be remanded to the City of Salem Zoning Board of Appeals (see attached Order). In accordance with the Order, if you and the other condominium owners wish to maintain the parking as allowed by the Zoning Board of Appeals decision, you must file your own petition for a variance because Mr. Carro will be filing his own petition for the Board to rescind the variance. Attached is an application that has to be filed before July 29, 2009 so the matter may be placed on the agenda for the next Zoning Board of Appeals meeting scheduled on August 19, 2009. Very truly yours, Elizabeth Rennard City Solicitor er/jmr Enclosure s COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. SUPERIOR COURT DEPARTMENT C.A. NO.: ESCV2008-00584 HELEN TWARDOWSKI, Plaintiff V. 4 ROBIN STEIN,RICHARD DIONNE, ELIZABETH DEBSKI,ANNIE HARRIS, REBECCA CURRAN and BONNIE BELAIR as they are Members of and constituting the ZONING BOARD OF APPEALS FOR THE CIYY OF SALEM,and PAUL CARRO, Defendants ORDER.4IUTi JLm&i&AUNT The matter is hereby remanded to the City of Salem Zoning Board of Appeals to address Defendant Paul Carro's standing to file a petition for a variance relative to the subject property and to entertain a further petition from the current owners of the property for a variance from minimum stall and setback dimension,to be determined by the Board in accordance with the applicable public hearing process,all without prejudice to and with preservation of all rights of the parties now before the court in the pending action. Date:June 2,2009 t C