23 EAST COLLINS STREET - MCCARHTY, JOAN M - ZBA Joan M. McCarthy
23 East Collins St. R-1
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DECISION ON THE PETITION OF JOAN M. MCCARTHY FOR
A VARIANCE FOR 23 E. COLLINS ST. , SALEM
A hearing on this petition was held November 28, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, (b4yi ,hi er; Luzinse
and Strout. 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 Variance to convert a single family dwelling into a
two family dwelling in this R-1 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other lands, building and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purposes of the Ordinance.
The Board of Appeal after hearing the evidence presented at the hearing makes the
following findings for fact:
1 . Planning Board was opposed;
2. Vigorous neighborhood opposition;
3. The Fire Department was opposed;
4. Petitioner failed to establish any hardship;
5. Adequate parking not provided in a congested area.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1 . Literal enforcment of the Zoning Ordinance would not involve substantial
hardship to the petitioner;
2. Desired relief cannot be granted without substantial detriment to
the public good or without substantially derogating from the intent
or purpose of the Ordinance.
DECISION ON THE PETITION OF JOAN M. MCCARTHY FOR
A VARIANCE FOR 23 E. COLLINS ST. , SALEM
Therefore, the Zoning Board of Appeal by a vote of 5 - 0 vote against granting
petitioner the Variance requested.
VARIANCE DENIED
ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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November 17 1984
E0JAEooF ,a6PEAL'S
City of Salem`
Board wf Appeal
1 S alem Green lV 2� �L� 34
Salem mass 01970 RECEIVED
CITY Or SALEM, MASS.
Gentlemen;
This letter is in reference to a petition submitted by one
Jean M. McCarthy of23 East Collins St. (R.-1 Distric) for a variance
to convert a single family dwelling into a two familyat 23 East Col
lins St. ..(R-1 DisJ;,,ri:c) . +
ray wife and I are unable to attend your Public Hear'i'ng'due' the
fact I have a Medical Disability and' she has a previous comitment
for that evening„ but 'we desire toexpress "our opinion. .
I. along with my wife OPPOSE this petition for the following
reasons--------
le Being newly married at the end of 'WW.tly I was very much
interested in housing ------thus ' I was aware of building
constryction. To me the construction and materials used ati ,
that time .along with the:age fantorinvolved ('some 35 years
old) would not warrent the conversion.
12. Allowing this renuest could "open the . doer" so to ,speak
to future appeals to transform Other single pesid.ences in,
to two family:" t< 1
3. Consider if you' will, the size of the lot in supporting
jthetajctiyv}ty,'of aitwo family residence, =mow and in the
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.+ 4.i Consider to , what impoper, waste and garbage st4'rage=..could
do-to the neighborhood, now and in the: future . .
5The parking of cars on this smsll lot would be. -virtually
impossible, .necegsitating parking on-thr street„Thus cars,
trucks and other unsightly vehicleswould be parlfed on the
streets This parking situation could also impede vital
smow removal . .
6.. The granting of 'this petition could conceivbly increase
the abuttors fire .Lns.irance rates. -
Thank yoit for your patient indulgence.
we remain------
) � Respectfully yours,
J.R. Lowe E.J.. Lowe
of �ScIIPTti, �` rltt� r1#ixse##s
w�J�� �;`3lttnning �nttr�
ane ,,!�tt1em Green
November 23, 1984
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
Re: Petition of Joan M. McCarthy for a Variance to convert a single family
dwelling into a two family at 23 E. Collins Street.
Dear Mr. Hacker:
The Planning Board has reviewed the above-referenced petition and wishes to
be recorded as opposed.
The surrounding neighborhood, particularly the side of the street where the
house in question is located, is completely single family. In addition, the lot is
limited in size, and there is currently parking for only two cars, one of which must
be piggy-backed. Adequate parking for two dwelling units cannot be provided in a
sufficient manner. The conversion of this house to a two-family dwelling would
have a detrimental impact on the neighborhood.
Thank you for the opportunity to comment on this petition.
Sincerely yours,
Walter B. Power, III
Chairman U
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Aire Pepartmeut �Keabquarferz
ROBERT J. CROWLEY 48 ?:dgteffe ;$*YPPf
A/Chief - tt1em, tt. 0197D
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Date: November 28, 1984
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City of Salem Re: 23 East Collins Street
Board of Appeal Joan M. McCarthy
One Salem Green Hearing Date: 11/28/84
Salem, MA 01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The Salem.Fire Department objects to the granting of.a variance to convert a
single family dwelling into a two family.
This property is not in compliance with the Massachusetts General Laws relative
to the installation of automatic smoke detectors and the inspection and approval
of the oil burner installation and oil storage, if heated by oil .
esp�/YLLI(Hay�> / � .
-
Norman P. LaPointe
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105
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