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3 LARKIN LANE - BUILDING INSPECTION 3 I,ARIZIN LANE i I MAP 42 LOT 36 DEEMS S. KORUMPAS 38 MEMORIAL DRIVE ❑ U 61.74. z 0 0 3 2} MAP 42 LOT 37 MAP 42 LOT 39 MARK J. & JULIE COUGHLIN ❑ Zn JEROME T. & 30 MEMORIAL DRIVE co ii ELIZABETH CHAKLOS h 2 5 LARKIN LANE N MAP 42 LOT 38 - AREA - 7,600f S.F. t ❑ BULK 2 HEAD 14' 5. ADDITIOND 1 STORY N 5 DWELLING o #3 14CHIMNEY O w FE N � FI- L=90.43' =268.76 LARKIN LANE V,OFMgSS40 PLOT PLAN OF LAND 02 GAIL L 3 LARKIN LANE SMITH " SALEM No.35043 q9 ,� �o � PROPERTY OF I CERTIFY THAT THE BUILDINGS ESso AIshN S°Q, DENNISA. & LINDA HEREON ARE LOCATED ON KORUMPAS THE GROUND AS SHOWN. SCALE 1" = 20' DECEMBER 11, 2007 NORTH SHORE SURVEY CORPORATION 14 BROWN STREET - SALEM DATE REG. PROF. 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ROOM ALWrloy �iAk<tta�. or ea CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 2 120 WASHINGTON STREET, 3RD FLOOR n f�0' SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 INE o�N FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR January 31 , 2008 Decision City of Salem Zoning Board of Appeals Petition of Dennis Korumpas and Linda Korumpas seeking a Variance from side yard width and a Special Permit to expand an existing nonconforming structure to allow for the extension of an existing room 5 ft. x 12 ft. and the addition of a 14 ft. x 24 ft. single car attached garage for the property at 3 Larkin Lane [R-1]. A public hearing on the above Petition was held on January 16, 2008 pursuant to Mass General Law Ch. 40A, §§ i l with the following Zoning Board members present: Robin Stein, Elizabeth Debski, Richard Dionne, Rebecca Curran, and Bonnie Belair. Petitioner seeks variances pursuant to section § 6-4 of the Salem Zoning Ordinance to allow for a side yard width of 2 ft. instead of the required 10 ft. and a special permit under § 5-30) to alter an existing nonconforming structure. Statements of fact: 1. Attorney George Atkins presented the petition for the property owned by Dennis Korumpas and Linda Korumpas at 3 Larkin Lane [R-1]. 2. A plot plan entitled "3 Larkin Lane, Salem, MA" prepared by North Shore Survey Corporation, dated December 11, 2007, as well as scaled floor plans and elevations accompanied the petition. 3. The proposed location of the garage was explained as the only option because the location of an accessory unattached garage in the rear yard would be inconvenient, ad impervious driveway area, increase costs to the homeowner, and be impractical resulting in a loss of rear yard area. 4. There was no opposition to the request for variance at the public hearing. 5. A letter in support of the request was submitted by Mark Coughlin, the owner of the abutting property at 30 Memorial Drive. The letter states that he is the most affected abutter and that the plans keep with the style of the neighborhood; Mr. Coughlin has a similar Cape Cod style house, with a similar garage and addition, and side lot clearances. 2 The Board of Appeal, after carefiil consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The variance requested is not contrary to the public interest and, owing to special conditions; a literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in unnecessary hardship. 2. There are circumstances relating to the land, which does not generally affect the zoning district in which it is located, which make it difficult to construct a garage on the property in conformance with the Ordinance. 3. The addition is not out of character with the neighborhood; therefore desirable relief from the density regulations, and a special permit may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Salem Zoning Ordinance. 4. The proposed addition is reasonable and will allow for improvements to the property without being substantially more detrimental to the neighborhood than the existing nonconforming structure. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the addition, the petitioner may vary the terms of the Salem Zoning Ordinance § 6-4, specifically minimum width of side yard. 2. To allow for the addition, a special permit may be granted under § 5-3 (j) Extension of nonconformity in accordance with the procedures and conditions set forth in sections 8-6 and 9-4 of the Salem Zoning Ordinance. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein, Debski, Dionne, Belair, and Curran) and none (0) opposed, to grant petitioner's request for a variance subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statues, ordinances, codes, and regulations. 2. All construction shall be done as per the plans and dimensions submitted to 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. 3 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A certificate of occupancy is to be obtained. 7. Unless this decision expressly provides otherwise, any zoning relief granted does not empower or authorize the petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. Robin St , Chair Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 has been filed with the Essex South Registry of Deeds. t.} t COMP'IJ:v'S•IEALTI{ OF MA.SSACFfUSETTS { �s OFFICE FOR CHILDREN .< DAY CARE SERVICES y, FIRF. INSPECTION REPORT Mrs. Harrie is Nurser This is to certify that p 9 School Name of Facility located at 3 Larkin Lane Salem, Mass. 01970 Address 9/15/75 R .R . Holloran was inspected on by .{; (' Date Name of Inspector �{ 2 R. I certify that the above day care facility complies with the rules and regulations of the Board of Fire Prevention. Yes No i Violations (if iny) : No longer in operation. Recommendations (if any) : _ am 'nd Titl - 9 ' Please return this report- - - Office for Children ., ? Day Care Services . 120 Boylston Street. - ,.. Boston, ?Aassachusetts• 02116 <,1 SFPR Form 41 !� BUILDING DEPT COMMONWEALTH OF MASSACHUSETTS OFFICE FOR CHILDREN FEB 7 55 6�� °75 DAY:ZARE SERVICES Rr-GEiVE(3 CITY OF SALt:I~t,t1ASS. FIRE INSPECTION REPORT This is to certify that irs Harney' s 5?ursery Name of Facility located at ? Larkin Lan- Address was inspected on Jan 21 .1.075 by Tnsp. n. .A . 'Murphy Date Name of Inspector - I certify that the above day care facility complies with the rules and regulations of the Board of Fire Prevention. Yes x No Violations (if any) : No Violations . School will be closed for- the tike bein..7 due to illness in family. Recommendations (if any) : Name and Title 1 Please return this report: office for Children ' Day Care Services 120 Boylston Street Boston, ?'assachusetts 02116 S OOMMONWEALTH OF MASSACHUSETTS OFFICE FOR CHILDREN 1 _ DAY-CARE SERVICES FIRE INSPECTION REPORT - This is to certify that _ Harnevls Day Care Center Name of Facility located at 3 Larkin Lane Salem Mass . Address was inspected on 21 Nov 74 by Insp. A .A . Murphy Date Name of Inspector L certify that the above day care facility complies with the rules and regulations of the Board of Fire Prevention. Yes Yes No Violations (if any) : None Recommendations (if any) : None Name and Title Please return this report: office for Children Day Care Services 120 Boylston Street Boston, iAassachusetts 02116 x COMONWEALTH OF MASSACHUSETTS OFFICE FOR CHILDREN DAYCARE SERVICES FIRE INSPECTION REPORT - This is to certify that Mrs. Harney' s Nursery School Name of Facility located at 3 Larkin Lane Address was inspected on April 7, 1975. by Insp. S. Lanphea.r Date Name of Inspector I' certify that the above day care facility complies with the rules and regulations of the Board of Fire Prevention. ^ Yes X No Violations (if iny) : School is presently closed, will reopen in Sept. 1975. Recommendations (if any) : When school reopens in Sept. A local fire alarm pull station must be installed. Name and Title Please return this report: Office for Children Day Care Services — - -- = 120 Boylston Street - Boston, %assachusetts 02116 ,SFPB Form 41 - --------------- --------