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19 FOSTER STREET - ZBA C)o Legal N(Aice CITY OF SALEM BOARD OF APPEAL Will hold a public hearing for all persons interested in the petition sub- „mitted by RICHARD LEAVENS seek-ing a Variance from rear yard setback . and lot coverage to construct a sin- gle story addition for property located at 19 FOWLER STREET R-3. Said heading will be held on WEDNESDAY, - APRIL 10,2007 6:30 P.M.,120 WASH- . INGTON STREET,3rd floor, Nina Cohen,Chairman SN3-4/5,4/11/07 i 1 May 24, 2007 0 rn _ Decision N Petition of Charles Bean and Susan Linder Bean Requesting a Variance CD i for the Property at 19 Fowler Street D -n City of Salem Zoning Board of Appeals m 3 CD ,> A public hearing on the above petition was opened on April 18, 2007 pursuant to N Massachusetts General Laws Ch. 40A, Sec. 11. The following members of the Salem Zoning Board of Appeals ("Zoning Board of Appeals") were present: Nina Cohen (Chairwoman), Bonnie Belair, Elizabeth Debski, Richard Dionne, Annie Harris and Robin Stein. The petitioners, Charles Bean and Susan Linder Bean ("petitioners"), sought a variance from rear yard setback and lot coverage to the real property located at 19 Fowler Street, Salem, located within a two-family residential (R-2) zoning district. The Zoning Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition submitted, submits the following findings of fact: 1. Petitioners' property is a legal non-conforming three-family dwelling within a two-family residence district. 2. Petitioners sought a variance from the minimum required 30 foot rear yard setback under the existing zoning ordinance to the existing 35 inch rear yard setback. 3. Petitioners also sought a variance from the maximum lot coverage of 35 percent allowed under the existing zoning ordinance to a 48 %2 percent lot coverage. 4. The variances are being sought to enable the construction of a 6' x 12' laundry room and a 6' x 12' covered porch. 5. At the hearing, the petitioners were represented by Robert Leavens, a contractor from Gloucester, Massachusetts. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to the Petition, the Zoning Board of Appeals concludes as follows: 1. The petitioners' request for a variance does not constitute substantial detriment to the public good as residential uses are permitted in the R-2 district and additions are common to these legal non-conforming lots and J structure. Also, the petitioners' request for a variance doe= substantially derogate from the intent or purpose of the zor as residential dwellings are a permitted use in the R-2 distr 2. A literal enforcement of the zoning ordinance would create hardship to the petitioner. 3. In permitting such change, the Zoning Board of Appeals re appropriate conditions and safeguards as noted below. In consideration of the above, five (5) members (Belair, Debski, Dionne, Cohen) of the Salem Zoning Board of Appeals voted to grant the petitions a variance, and zero (0) members voted to deny the petitioners' request fo, subject to the following terms, conditions, and safeguards: I. Petitioners shall comply with all City and State statutes, or, and regulations. 2. All construction shall be done as per the plans and dimensi and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to safety shall be strictly adhered to. 4. Petitioners shall obtain building permit prior to beginning construction. 5. Exterior finishes of the new construction shall be in harmo: existing structure including trim, doors and windows. 6. A Certificate of Occupancy shall be obtained. 7. Petitioners are to obtain approval from any City Board or C having jurisdiction including, but not limited to the Plannir 8. Unless this decision expressly provides otherwise, any zon granted does not authorize the Petitioners to demolish or re structures(s) on the property to an extent greater than 50% as measured by floor area or replacement cost. If a structui property is demolished by any means to an extent of more - percent of its replacement cost or more than fifty percent o at the time of destruction, it shall not be reconstructed exce conformity with this Ordinance. Annie Harris Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS'BEEN FILED WITH 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 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 2l1 days have elapsed and no appeal has been filed,or that, if such appeal has been filed,that it has been dismissed or denied and 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.