18 CARLTON STREET - ZAULCAZNY, WALTER - ZBA 18 Carlton St. R-2
_ Walter Zaulczny Owner
Phyllis Olbrich-Pettioner
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Sy«. OCT 23 I I of AN '87
Cjt� of �ziem, tzs�ttc�jixsetts
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�otlrof � JYiit` ,ITY C ekK. S;L r r!i ts,
DECISION ON THE PETITION OF PHYLLIS M. OLBRYCH FOR A SPECIAL
PERMIT AT 18 CARLTON STREET (R-2)
A hearing on this petition was held on June 24 , 1987 , continued by agreement to
July 15, 1987 and further continued by agreement to September 30, 1987, with the
following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Bencal,
Strout and Luzinski. Notice of the hearing was sent to abutters and others and__
notices of the eharing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner, represented by Attorney John Serafini, Sr. , is seeking a Special
Permit under V B 10 of the Salem Zoning Ordinance for a change in nonconforming
use and alteration of nonconforming structure to change a single family dwelling
into a two family dwelling. The existing structure is a nonconforming use because
of existing rear yard and side yard requirements. The property is located in
an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to contrary appearing in this Ordinance
the Board of Appeal may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for
alterations and reconstruction of nonconforming structures, and for
changes, enlargement, extension or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such changed,
extension, enlargement or expansion shall not be substantially more.
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence present and after
viewing the plans, makes the following findings of fact:
1 . There was neighborhood support of the petition presented at the
hearing, although one anonymous letter was received in opposition;
2. The proposed plan rehabilitates the existing dwelling substantially,
improving the neighborhood;
3. The petitioner has suffered severe economic loss by not having been
able to occupy the dwelling for the past several months;
4. The petitioner's proposed use will not be more detrimental than the
existing nonconforming use;
5. The parking plan proposed by the petitioner will held alleviate a
shortage of parking in the area.
DECISION ON T'r,E PETITION OF PHYLLIS OLBRYCH FOR A
SPECIAL PERMIT FOR 18 CARLTOI ST. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows: ,
1 . The proposed rehabilitation would improve the property; '
2. The proposed use will promote the welfare and convenience
: of the City's inhabitants;
3. The proposed use will not be substantially more detrimental than
the existing use to the neighborhood. --
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special
Permit requested, including the maintenance and completion of the existing porches
on the rear of the property which provide a second means of egress for two (2)
dwelling units, subject to the following conditions:
1 . Petitioner maintain six (6) angular parking spaces on the property
as per .the plans submitted;
2. Petitioner is to obtain a building permit from the Building Inspector
of the City of Salem for all the work finished and to be finished at
the locus;
3. All work is to be done as per the plans submitted and in accordance with
the provisions of the Massachusetts Building Code;
4. All requirements of the Salem Fire Department relative to fire
safety be adhered to;
5• A Certificate of Occupancy be obtained by the petitioner prior to
occupancy.
GRANTED
✓James M. Fleming, Esq. , ce Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM: THIS DPCISION, IF ANY. SHALL BE I!ADE PURS'JAN'T TD SECTION 17 OF THE Kr8
CENERAL Lf.'CS. CHI.PTE F. 2.. AND SiiALL fE ELEJ 47ITF;li. 20 DAPS AFTER THE DATE OF FILING
OF THIS OELiS i!i U: THE DFF!CE CF THE LITi CLERK.
TO L'.�,:5. Ci>-_'EF. 6C_. SEC iIOiv' I" THE V,,'.^.I;.tiCE 0' _CIAL PEP'MT
FF' '2C HEF.-i, SH— id. TA;:E U UT U:.T!L A CC"1' OF THE-'E '1 IDN. EE THE (ERT.
F:--TCYd OF - CIS) CLER". Tr.AT 2O DAYS fi=YE ELAPSED A . N9 APPEAL HAS DE[N FILED.
0'r. THAT, IF SJ_'-: A' APPEAL HAS BE_I( FILE. THAT IT HAs EEEII D!S":"11SS°D CR DEN!ED IS
RECORDEC IN THE S'j–.4 ESS", P.ECISTRY OF DEEDS A`0 INDEXED UNDER THE NAME OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED 014 THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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Soq 4ZA9, M-455.
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I certify that the dwelny is
located as shown and con. "=ed
I formed to the zoning laws 9'-0" I9•-9•• o
of the — - --` '
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wnen constructed. e
37 '9" 22'6
CARLTON ST.
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I , hereby, certify to the best of my knowledge that the premises shown on this plan are
not located within a flood hazard area as delineated on the map of Community #2 So/o 2 'a
prepared by the Department of Housing and Urban Development or its successors datedg/S/BS
I further certify that this , inspection was performed in accordance with the "Technical
Standards for Mortgage Loan Inspections" as adopted by the Massachusetts Association of Land
Surveyors and Civil Engineers, Inc.
Note: This plan was prepared from a tape survey and is intended for mortgage purposes only.
!Offsets :shown on, or scaled from this plan are approximate only, and should not be used to
determine property lines. 8 7-oz.fc
i9ook -'11'e -Page "* Certificate Number
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