16 BOW STREET - BUILDING JACKET� /6 G3��% s�, +
CITY OF SALEM, MASSACHUSETTS
o _ c)
BOARD OF APPEAL o ��
120 WASHINGTON STREET, 3RD FLOOR 'T A�
SALEM, MASSACHUSETTS 01970 -O
U'X
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 NCD p�
MAYOR FAX: 978-740-9846 Tm
)
DECISION ON THE PETITION OF LAWRENCE OLCOTT REQUESTING A VARIANCE m3
FOR THE PROPERTY LOCATED AT 16 BOW STREET R-1 v
N
J=
A hearing on this petition was held on September 15, 2004, with the following Board
Members present: Nina Cohen, Chairman, Edward Moriarty, Richard Dionne, Nicholas
Hellides and Bonnie Beliar. Notice of the hearing was sent to abutters and other and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
The petitioner is requesting dimensional Variances in order to permit the subdivision of
the property into 2 separate lots and to allow construction of a new single family dwelling
on a newly created lot for the property located at 16 Bow Street located in an R-1 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
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
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
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. Attorney Scott Grover, 222 Essex Street, represented the Petitioner.
2. Petitioner Lawrence Oloott is requesting a Variance from dimensional
requirements of the Zoning Ordinance in order to allow the subdivision of the
property into two separate lots to allow the construction of a new single family
dwelling on the newly created lot.
3. The Variances needed for the subdivision of the property for lot area, lot
width, lot coverage, front setback, side and rear setbacks.
4. Petitioner states that the size and shape of the lot constitutes hardship as
grounds for his petition. Petitioner further states that the size of the two
lots is in keeping with the existing lots in the neighborhood. Petitioner also
states that he will bring the property level to a higher grade which would resolve
water and drainage issues that currently exist on his property and the neighbors.
J
DECISION ON THE PETITION OF LAWRENCE OLCOTT REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 16 BOW STREET R-1
page two
5. The petitioner supplied a letter in support of his proposal to subdivide lot by the
following abutters Russell Vemot, A. Konstantilakis, Peter Magliaro, Patricia
Rahn, and Tanya Martinas.
6. Neighbors speaking in opposition were Edith Hazeltine Ed Ronan, Ed Froncki,
and Deb Stewart. The issues were density, narrow streets, parking and water
and drainage. Also mentioned was that the new plans for the house to be built
relative to its size and would have a two care garage that would be out of
character for the neighborhood.
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. Special conditions do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
SEPTEMBER 15 2004 n _
Bonnie Belair
Board of Appeal
f
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 MGL
Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the
office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing
the Certification of the City Clerk that 20 days have passed and no appeal has been
filed, or that, if such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owners Certificate of Title.
Board of Appeal
ti
What is the Curtest use of the Building?
Material of Building?
H dwelling.how many units? /
W e the Building Conform to Law? C5 Asbestos? -
Architsd's NarM
Address and PhorW l
Mechanics Name
Address and Phone
Construes Supervisors Li 0 HIC Registration tY
Estimated Cost Pr led Permit FN Caleulatlon
Permit Fee= Estimated Cost X:7/$1000 Residential
- - - - Estimated Cost X$111:1000 Commercial---- __ .--
An Additional$5.00 Is added as an
Adminiatrative charge.
Make sure that all fields are property and legibly written to avoid delays In processing.
The undersigned does hereby appty for a Building P It to b Id to th a e sta
specifications. Signed under penalty of Perjury
Date
N
W A W
S
r
PUBLIC PROPERTY
DEPARTMENT I
IG.�N��nvrtr.v.
HaVaa 130 Wwtrllt+cily+�rl
�KASNOK:36Trs 01970
T1v:MUS-M•Foe 97 74&9W
APPLICATION FOR THE REPAIR RENOVATION_ CONSTRUCTION,
D&MOLITION,OR CHANGE OF USX OR OCCUPANCY FOR ANY EXISTING
STRUCTURE OR
i.0 SITE INFORMATION
Location Name: Building:
- _- Property Address:--
SVA
��9�°
Property is kxrated in a;Cormw4tlon Mee YIN Al Historic Diebid YIN
2.0 OWNERSHIP INFORMATION
2.i Owner of Land
Name:
Address: l6 ZoW 51r&-1
Tom: - Yz — 9 130
[Addition
.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY
Existingenovation Number of Stories Renovated
Change in Use New
Demolition Existing
Approximate year of JAIreaper floor (sf) Renovated
construction or renovation
of existing building New
Brief Description of Proposed Work:
041YYI✓r /ZMOV 4 �Y 01V tr Ce!'vt4 2v2 n,
Mail Permit to: Oucul