17 CARLTON STREET - BUILDING JACKET 17 CARLTON STREET
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CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
q„ 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9848 o n
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DECISION ON THE PETITION OF BRIAN DOWER REQUESTING A VARIANC9
FOR THE PROPERTY LOCATED AT 17 CARLTON STREET R-2 D �;
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A hearing on this petition was held on April 20,2005 with the following Board Members
present;Nina Cohen Chairman, Richard Dionne, Edward Moriarty,Nicholas Helides and
Bonnie Belair. 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.
The petitioner is requesting a Variance per Section 7-190(2)to allow a curb cut to create
a driveway between residence and fence for property at 17 Carlton Street located in an R-
2 zone.
The Variances,which have been requested,may be granted upon a finding by this 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,
buildings and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented at the hearing,
and after viewing the plane, makes the following findings of fact:
1. The Petitioner, Brian Dower presented his petition to allow a curb cut to create a
driveway between the residence and the fence on the right side of the dwelling
and for the use of two parking spaces at the rear of the lot.
2. A petition signed by many of the neighbors was presented and read into the
minutes.
3. Zoning Board Member Edward Moriarty expressed concern over the loss of green
space in the rear yard.
DECISION OF THE PETITION OF BRIAN DOWER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 CARLTON STREET R-2
page two
4. Chairman Nina Cohen inquired if the petitioner was in favor of a restriction in the
decision to restrict the dwelling to single family use. Petitioner affirmed they were
in favor of such restriction.
5. Chris Loring of 19 Carlton Street spoke in favor of the petition.
On the basis of the above findings of fact,and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore,the Zoning Board of Appeal voted 4 in favor and 1 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance,codes and
regulations.
2. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Property shall remain a single family use.
Variance Granted
April 20,2005 .",6;"
Nicholas Helides
Board of Appeal
DECISION OF THE PETTHON OF BRIAN DOWER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 17 CARLTON STREET R-2
page three
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 date of filing
of this decision in the office of the City Clerk Pursuant to 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 that 20 days
have elapsed and no appeal hes been filed,or that, if such appeal has been filed,that is
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 owner's
Certificate of Title.
Board of Appeal
Cfitg of 3ttlem, mttssar4usetts
Public Prnpertg Department
iguilbing Department
(One $elem (6recn
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 26 , 1995
Matthew Powers
17 Carlton Street
Salem, Mass . 0197n
RE: 17 Carlton Street
Dear Mr. Powers :
On Wednesday, October 25 , 1995 I conducted an
inspection at the above mentioned property. The records
in our office shows no permit for this job was issued. I
issued a stop work order pursuant to Article 1 , Section
123 of Massachusetts State Building Codes . This job may
not continue until the proper permits are taken out .
Please contact this office if you have any further
questions in this matter .
Since e ^T
V1
J n J . Ings
Local Buil in I spector
JJJ : scm
Titg of #UUM, AISSUc4usetts
Public Prupertg i9epartment
Nuilbing Department
(One t3n1em Green
500-745-9595 fit. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer October 25, 1994
Mary C. Lawnsby
17 Carlton Street
Salem, Mass. 01970
RE: 17 Carlton Street
Dear Ms. Lawnsby:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned
property and the following violations were found:
1. The chimney at roof level must be repaired and made safe.
2. Several broken windows must be repaired and made safe.
3. Missing window must be replaced.
4. Trash must be removed from interior stairwell (means of egress) .
5. Basement windows must be replaced.
6. Trash, weeds and brush must be cleared from yard (fire hazard) .
Please notify this department upon receipt of this letter as to your
course of action to rectify these violations. Failure to do so will result
in legal action being taken against you. -
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremblay�t
Inspector of Buildings
LET: sum
cc: Dave Shea
Councillor Ahmed, Ward 1
Certified Mail ll P 921 991 605
Titu of %leen, fiittssac4usetts
Publir Propertg Department
Guilbing 19epartment
(one Belem arern
500-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer December 2, 1994
Mary C. Lawnsby
17 Carlton Street
Salem, Mass. 01970
RE: 17 Carlton Street
Dear Ms. Lawnsby:
This department sent you a letter on October 25, 1994 concerning
existing violations at the above mentioned property. I conducted a
follow up inspection on December 2, 1994 and found that none of the
violations had been addressed (Copy enclosed) .
Please contact this office upon receipt of this letter so we can
come to some resolution to these problems. Failure to do so will result
in legal action being taken.
Sincerely,
� f
Leo E. Ty
Inspector of Builngs
LET: scm
cc: Dave Shea
Councillor Ahmed, Ward 1
Certified Mail # P 921 991 652