20 DOW STREET - TREMBLAY, PAUL - ZBA i_
20 Dow St. R-3
Paul Tremblay
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Paul Tremblay
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DECISION ON THE PETITION OF PAUL TREMBLAY FOR VARIANCES & a SPECIAL PERMIT
AT 20 DOW STREET (R-3)
A hearing on this petition was held January 31 , 1990 and continued until
March 7, 1990 with the following Board Members present: James Fleming, Chairman;
Messrs. , Bencal , Luzinski , Febonio and Associate Member Dore. 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.
Petitioner is requesting a Special Permit to construct an addition and
Variances from density and parking to allow four unit building in this R-3
district. Petitioner is the owner of the property.
The Board of Appeal , after hearing the evidence, and after continuing the
petitioner, at the request of the petitioner voted unanimously to allow
the petition to be withdrawn without prejudice.
WITHDRAWN
(' .4 OP
Achard A. Bencal , Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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DECISION ON THE PETITION OF PAUL & LUCILLE TREMBLAY FOR
A VARIANCE FOR 20 DOW ST. (R-3)
A hearing on this .petition was held March 26, 1986 with the following Board
Members present: James Hacker, Chairman; Richard Bencal, Acting Secretary,
Edward Luzinski and Associate Members Dore and LaBrecque. 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.
Petitioners, owners of the property, have requested a Variance from rear and
side setbacks in order to allow an existing carport in this R-3 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
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a. and circumstances exist which especially affect
the land building or structure involved and which are not generally
44€fectirj5 other lands, buildings and structures in the same district;
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b. a.;teral 'enforcement of the provisions of the Zoning Ordinance would in-
volve su9stantial hardship, financial or otherwise, to petitioner; and
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c. dwirabl FU relief may be granted without substantial detriment to the
lig g®d and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . No support or opposition was voiced for the carport;
2. The carport has been in use for fifteen (15) years;
3. The petitioner would suffer financial hardship if required to
remove the existing carport;
4. _ A garage or carport could not be constructed in any other part
of the property without requiring a Variance.
On the basis of the above findings of facts and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The property in question is unique due to the configuration
of the property;
2. The desired Variance may 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
DECISION ON THE PETITION OF PAUL & LUCILLE TREMBLAY FOR A
VARIANCE FOR 20 DOW ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested to allow the existing carport to remain in its same size.
VARIANCE GRANTED
Achard A. Bencal, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY C'
OF THE MASS.
F ANY. SHALL
BE K,ADE PURSUANT TO SECTION
THE DATE OF FILING
CHAPTER 808. AND SHALL 8E FILED YilTPdtJ 20 DAMS _ IAL PER9;IT
APPEAL FROM THIS DECISION � CF THE CITY CLERK. SPcC
GENERAL IAWS� c OFFICE ,,,Id J Ll, THE VARIANCE OR cCERT.
OF THIS DECISIOtJ IN THE Cu APTER 808. S-� ' :ECIS;Gti. BEARINS iH.
OE;�_RAL
IA,I, Copy OF THE CEEN FILED.
PURSA.NT TD f.,ASS. c CEFIED IS
IiEi;EiiJ. SHALL P1PT 'iASE EFFECT U11T\L AEL'.F", 0.tlD ^G SPPE-'D DR
GRA171Ep �� DA'S HA" FIA$ L°=N NAYE OF THE OYiNER.
AN APPEAL HAS EEE, FILE. THAT IT
FIGATI:N OF 1HE CITI' CLLRA THF.i AND INDEXED UNCE'1 i1TLE.
OR -,6gj, IF SUCN ON THE OWNER'S CERTIFICATE OF `
RECORDED IN THE
S RECORDED NOTEDY Of DEEDS
OF RECORD OR gpARD. OF APPEAL
James A. Peterson
Attorney at Law
February 22 , 1990
Paul P . Levesque
163 Lafayette Street
saiem, Massachusetts 01970
Rei Salem Board of Appeal
- Petition of Paul Tremblay, 20 Dow Street
Dear Mr . Levesque :
After discussing the matter with several neighbors , Paul Tremblay
has determined that some people were opposed to the petition he
filed with the Salem Board of Appeal . Therefore , he has decided
i ' not to add to his house, and he will ask to withdraw his petition.
Mr . . Tremblay' s daughter will appear at the hearing on March 7 to
ask to withdraw the petition .
If you have any questions , please feel free—to—call me .
ye y truly yo s-
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JAMES A. : PETERSON
JAP: nac
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Telephone (508) 744-245Q
81 Washington Street, Suite 10, Salem, Massachusetts 01970-3574 —
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WARD COUNCILLORS
MARK E. BLAIRpp €CEIVE01990
COUNCILLORS-AT-LARGE PRESIDENT CITY OF SAL,1H, A33'
7990 GEORGEA.NOWAK
JOSEPHINE R. FUSCO KEVIN R.HARVEY
DONALD T.BATES
CITY CLERK VINCENT J.FURFARO
GEORGE P.MCCABE
LEONARD F.O'LEARY
JOHN R.NUTTING
RICHARD E.SWINIUCH DAVID B.GAUDREAU LT
SARAH M.HAYES
MARK E.BLAIR
January 31, 1990
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Members of the Board:
I am enclosing a petition of approximately 30 names of
neighbors who are opposed to a petition for a variance at
20 Dow Street for density and parking to allow four residential
units and a special permit to construct an addition at 20 Dow St.
Parking is a burden in this area, and if this request is
granted, it will cause a hardship to the neighborhood.
I would hope that this Board would support the neighborhood
in this on-going problem.
I am attending a Special Meeting of the Salem City Council
this evening, January 31, so ,I am .unable to attend: and. speak on
this matter .
Very truly yours,
GEORGE A. NOWAK
COUNCILLOR WARD ONE
GAN/deb
PETITION BY THE NEIGHBORS
OF 20 DOW STREET, SALEM
WE, THE UNDERSIGNED TAXPAYERS, RESIDENTS OF SALEM, MASSACHUSETTS
AND NEIGHBORS OF PAUL TREMBLAY, WHO RESIDES AT 20 DOW STREET,
SALEM ARE OPPOSED TO THE PETITION FOR A VARIANCE FROM DENSITY
AND PARKING TO ALLOW FOUR RESIDENTIAL UNITS AND A SPECIAL PERMIT
TO CONSTRUCT AN ADDITION AT 20 DOW STREET.
WE BELIEVE THAT OUR NEIGHBORHOOD IS ALREADY OVERCROWDED AND THAT
TH--VARIANCE WILL ONLY ADD TO OUR PROBLEM. IN ADDITION, THE
PROPERTY AT 20 DOW STREET HAS BUT TWO LEGAL PARKING SPACES AT
PRESENT AND OUR NEIGHBORHOOD STREETS ARE NOT ABLE TO ACCOMODATE
THE ADDITIONAL PARKING REQUIREMENTS-THAT ALLOWING THIS VARIANCE
WILL CAUSE. FURTHERMORE, WE BELIEVE THAT MORE THAN TWO FAMILIES
PRESENTLY OCCUPY THIS TWO FAMILY STRUCTURE AND THAT NUMEROUS
BUILDING CODE VIOLATIONS PRESENTLY EXIST.
WE RESPECTFULLY REQOEST 'THAT THE PETITION FOR A VARIANCE AS
NOTED ABOVE BE DENIED.
NAME ADDRESS
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used to determine property lines. 9j'- 7/7
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