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15 HIGHLAND STREET - ZBA 15 Highland Street R-3 David & Tracey McBournie { j DATE OF HEARING \l � PETITIONER :LOCATION :10TION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND 70 CONTINUE SECOND POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE STEPHEN O'GRADYy GEORGE A. AHMED !/ ISH EDWARD LUZINSKI STEPHEN TOUCHETTE / ASSOCIATE :lEMBERS ARTHU L BR nnE- CONDITIONS: 3 �r� ro 0 f— 7 En N T� y- ��6 „cn o\VN `Tmy A�2ax �aa�c- �t -I-I��N��.,� Z t. MORTGAGE MPEC11014 PEAK 1,148 IYYatII MALRACIIUSETTC 1 Ylyll CAR'" 114[1 Wl 1,1X1,1 Ila d1W111 AND ALL IytYlxll, IXtbutWAO49 axe 0401X49 "t 114914. ON D[ 0009 .I ala.1. t IY4911Q 6111D1 11X1 IW a4aaxl llm0- D01 It0Y10o11 to IIII 10-41 LAOS Iy WIYOY{011, I.11UYI,I4l 0 aty the lit $OII IYlll H�uu+r�•1 am. twol.lo"g'.1 IVy111• t1111V1 IIYI IIYI IIOItDll 11 POT 1x111• ID 1111 I/IItL11141 .IOM MIM* MI,, IMU 11W .1-mc.'aw a IIID W 114 .two H IWMI Wlgy H 011X11. q• DEED So" -I1 ll101 l{Y! x r....111 .X1... 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In Oa Mei 1� ilirlt..fl�• NCnrl/ 6.p nr �> 1 r t 1 C/ 1Ct - - - f cl�JSk7rv` „9 —1� 301310 S,Nd313 SSVN '1d3-iVS 30 Allo E6° lid Eh Z OE aflf 4 I 1111 I rhe h X� 30Lijlo S,N1 330 `{i�� ' by ✓� SSVH INDIVS J0 AlIS Z �E >kl�yl�� ��r 04 N ANO al d F7 1 J ( tea � City of Salem Board of Appeal One Salem Green Salem, Massachusetts 01970 July 16, 1993 Dear Board Members: Re: Petition submitted by David and Tracey McBournie for a Special Permit to extend nonconforming side setback to allow the construction of a deck at 15 Highland Street (R-3) Thank you for notifying us of the public hearing scheduled for July 21 , 1993 with regard to the above petition. Unfortunately, we will be out of state on the night of the hearing and unable to attend in person. Our home is at 17 Highland Street. We are abutters to the petitioner's property, along the side lot line where the requested Special Permit would extend the nonconforming side setback. We respectfully request that the Board attach the following conditions to the petitioners' request: that the edge of the deck be no closer than seven feet from the side lot line, and that the floor of the deck be no higher than 5 feet off the ground. So long as the Special Permit, if granted, meets these conditions, we do not oppose its being granted and will not appeal it. BACKGROUND We discussed with Tracey McBournie about two weeks ago their plans for their proposed deck. Tracey indicated that their preliminary idea was to build the deck so that the portion closest to our shared property line would extend roughly in a line from the side their rear entry hall. Unlike most of their house, which is approximately 7 feet from the side lot line, the rear entry hall, attached to the side of the house, is roughly 2 1/4 feet from the property line. She also told us the deck would be approximately 4-5 feet high, with a railing extending above that. We conveyed our concern that the deck as she described it was too close to the property line, and would negatively impact our property by being so close. We discussed with her the possibility of shifting the edge of the deck so it was in line with the majority of their house, that is, approximately 7 feet from the side lot line. Based on that discussion, it is our understanding that the petitioners would be willing to go along with this modification. We have provided a copy of this letter to the petitioners. Thank you for your consideration. Sincerely yours, Christophe M. Gre ne Deborah L. Kahn-Greene O I _ APPEAL CASE NO. . . . . . . .. .. . . .. .. . . . . . . . s (9ift1 of ttlPm, ��ttssadlit Pffs TO THE BOARD OF APPEALS: The Undersigrled. reoresent that he is are the owners of a certain parcel of land lo�ated at NO. .l .C�'h1�i11Ci�. . 1yC�f! . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Conina District. . _ . . . . . . . . . . . . . • • • • • • . • . . . . . . . . . . . . : and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. r t rec, �Y a w rn c� o -n ' v N (3- c�'r-> r^ r � orn p fz F,: �.^. N W T f,.'3 Vt }W V1 LO W � L O The Application for Permit was denied by the Inspector of Buildings for the following reasons: �'_,1 lre&f a ppeoj The Undersigned hereby Petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: 4:�) 2CA6U rrKcf -b ..exK nd flb)C�tm-6rmino� c Zk-+ baQ'L D� 0,t l O-W Lnq c�n�-IYI,> c�tN,J o deck Owner la-vi ao(ETra �l rhe Address.�`J. . 'h�l1OlppnGnni. . . . .�,-1CA�>?.(Y1. . . Telephone. . . .,�qq: ?Ica. . . . . . . . . . . . . . . . . . Petitioner. . .Za.4 1�- . . . . . . . . . . . . . . . . . Address. . . . . . .. . . . . . . . . . . . . . . . . .. Date. . . . . . . . . . . . . . . . . . . . . . � •'•:�?i d . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. .. . . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. Z C �o > y Y ' I S.JI T (g-tv of &ajvni; ,_4Eus5tttljusett9 - \ nttra of _ , petc Z Z 39 5� DECISION ON THE PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET (R-3) A hearing on this petition was held July 21, 1993 with the following Board Members present: Stephen Touchette,Vice Chairman; George Ahmed, Stephen O'Grady, and Edward Luzinski. 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, owner of the property, is requesting a Special Permit to extend nonconforming side setback to allow construction of a deck in this Multi-family District (R-3) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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. The concerns of the immediate abutters were satisfied by the petitioners. 2. The granting of the special permit would allow petitioner a fuller use of the property. 3. It would not be feasible to locate the deck in any other portion of the property. J PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET, SALEM page two 4. There was no opposition to the petitioners request. QUC 2 239 PM '93 5 . The proposed deck would only encroach on the side setbrack,p}t. Would meet all other setback requirements . C(.,-;;- ^' :r S On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit requested 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. 2 . The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted July 21, 1993 Stephen O'Grady, Member Board of appeal DECISION ON THE PETITION OF DAVID & TRACEY_MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET, SALEM 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 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 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 elapsed 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 owner's Certificate of Title. Board of Appeal "r �. (Eitn ofttlem; � ttssttcljusetts Bourb of Appe4UG 2 2 39 DECISION ON THE PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET (R-3) A hearing on this petition was held July 21, 1993 with the following Board Members present: Stephen Touchette,Vice Chairman; George Ahmed, Stephen O'Grady, and Edward Luzinski. 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, owner of the property, is requesting a Special Permit to extend nonconforming side setback to allow construction of a deck in this Multi-family District (R-3) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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. The concerns of the immediate abutters were satisfied by the petitioners. 2. The granting of the special permit would allow petitioner a fuller use of the property. 3 . It would not be feasible to locate the deck in any other portion of the property. PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET, SALEM page two 4. There was no opposition to the petitioners request. GUG Z 2 39 P� `93 5. The proposed deck would only encroach on the side setb�ab'k,, t: would meet all other setback requirements. ci ;' ;- q . - On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted July 21, 1993 L , Stephen O'Grady, Member Board of appeal DECISION ON THE PETITION OF DAVID & TRACEY.MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET, SALEM 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 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 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 elapsed 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 owner's Certificate of Title. Board of Appeal (C-tU of �ttlent- ,_4Eussttrliusett9 II ;r1 17 Bnttra of Aupezj�6 Z 2 39 C;T•; r: �r�. DECISION ON THE PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET (R-3) A hearing on this petition was held July 21, 1993 with the following Board Members present: Stephen Touchette,Vice Chairman; George Ahmed, Stephen O'Grady, and Edward Luzinski. 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, owner of the property, is requesting a Special Permit to extend nonconforming side setback to allow construction of a deck in this Multi-family District (R-3) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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. The concerns of the immediate abutters were satisfied by the petitioners. 2. The granting of the special permit would allow petitioner a fuller use of the property. 3. it would not be feasible to locate the deck in any other portion of the property. Y PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET, SALEM page two A There was no opposition to the petitioners request. NUG Z 2 39 Pfl '93 5. The proposed deck would only encroach on the side setbrab"k,, ;it., would meet all other setback requirements. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit requested 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3 . All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted July 21, 1993 i Stephen O'Grady, Member Board of appeal DECISION ON THE PETITION OF DAVID & TRACEY.MCBOURNIE FOR A SPECIAL PERMIT AT 13 HIGHLAND STREET, SALEM 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 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 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 elapsed 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 owner's Certificate of Title. Board of Appeal T l (Cit" of - ttlem; � ttssrzcltusetts `J .. 2 39 Of i Y C= r.• Com_. , ^�5.9 DECISION ON THE PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET (R-3) A hearing on this petition was held July 21, 1993 with the following Board Members present: Stephen Touchette,Vice Chairman; George Ahmed, Stephen O'Grady, and Edward Luzinski. 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, owner of the property, is requesting a Special Permit to extend nonconforming side setback to allow construction of a deck in this Multi-family District (R-3) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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. The concerns of the immediate abutters were satisfied by the petitioners. 2. The granting of the special permit would allow petitioner a fuller use of the property. 3 . It would not be feasible to locate the deck in any other portion of the property. PETITION OF DAVID & TRACEY MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET, SALEM page two 4. There was no opposition to the petitioners request. QUG Z 2 39 P 5. The proposed deck would only encroach on the side setb�ac'k,,p t.Would 93 meet all other setback requirements. C On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit requested 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a legal building permit. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. Special Permit Granted July 21, 1993 eut Stephen O'Grady, Member Board of appeal DECISION ON THE PETITION OF DAVID & TRACEY.MCBOURNIE FOR A SPECIAL PERMIT AT 15 HIGHLAND STREET, SALEM 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 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 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 elapsed 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 owner's Certificate of Title. Board of Appeal i� (�itg oftt1em, ttssttcljusetts kE'cc.mti vT'� August 04, 1993 YOU ARE HEREBY NOTIFIED THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF DAVID & TRACEY MCBOURN FOR A SPECIAL PERMIT TO ALLOW CONSTRUCTION OF A DECK AT 15 HIGHLAND STREET. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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 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/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 elapsed 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 Jux 30 2 43 PH '93 CITY OF SALEM, MASS CLERK'S OFFICE `3I�6 / i a - J'�-6 ep rocf�i�'� Y d APPEAL CASE NO. . . . . . . .. . . .. .. . . . . . . . . Pwrl} of TO THE BOARD OF APPEALS: -he undersig ea. represent that he is are the owners of a certain cartel of land topCat at u. .tISi-9hiaRa. . :Strcet. . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Conina District.^z . . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . : and said parte! is affected by Sectiontsj . . . . . . . . . . . . . . of the Massacnusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. ye-cf mo 0 �T N� N a N W V' !Il ?uJ T N f17 J 4 N to wa w Ca The Application for Permit was denied by the Inspector of Buildings for the following reasons: t rect aopeoj The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would invoive practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: ctCLP -2x.�o_nd (-w CYmr Drm i n j ;�kc-• d� Owner))CI.vi�d. an� rQc . !e rnl Addr ess. b. . I IIgh[annd. . .. ..adi ?:1. Telephone. . . .,�gq":Q:7nnc . .. . ... . . . . . . .. . Petitioner. . . Z.a4-YN.s.. . . . . . . .. . . . . . . . Address. . . . . . czck_ 1`:�. . . . . . .. . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . Telephone. . . . .1�0.015111 / ��. . . . . . . . . . . . . . . . . . 0151 w�tiju . . . . .. . . . Three copies of the application must be filed with the Secretary of the Board of Appeais with a check. for advertising in the amount of. . . . .. . . . . . .... . .. . . ..... . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. 4j �: CoNc pHT�o iq Juh 30 2 43 FN '93 c-cM<,y<� CITY OF SALEM. MASS CLERK'S OF[ ICF 10 FX � yT� Iy< ri >7�5c y; �aIYE �v�y Ex�y� I f it y. 3' j i b � au�a � r � 9 ax�o yr��y� �J-r4 I i r � i' , Jue 30 2 43 PH '93 CITY OF SA' FH, MASS CLERK,--. 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LLI, 'co, 44 AAI I.M IIII .W......a It is 4tM AM", IIMI A I1w1 f11t11/ 144, II .w1 t1 low, 111I111,11.4.UI4. 141 SIBS CEINI/ICA1t01110 BLUID fO0 M09f0ABE FLM3jj.000 Ct9E fn Al..u,1 JN 1908 ✓.li G1 a1 p`�!,• BRAUEORU UICINEEEINO Ca EUE[1 f F t / CO. BOR 11IQI 11 C YYY Ilev4h111, Mao q41 1.44 II U UI{ RIYI Rf.lff, 1 r tire I1.. In 1.l, !�::rllf:l{.��it ' �SII L110'II{�d 1 r' U �-o p W m .J tu al a N I A � y ST. MARY'S e I `'~ 322 22974 leo 178 9 B6 27AC t=a C ee° =°o o =°a 3 aDOp titi a ell ea P 9 ity = 158 O'57 \y O /e ID 4 / m.5350Q V `9ux9 Bo X o 0 o Rpt f P:154 pyoh e=e/3 �� Om tio0(53 ;J75 ,� o°^ o s/q2 so 3l oO l yo�o =a `r N oco /36 0o ti 30 4 say so 63 /s000 .° r y v�o3 '�� o0051 0 v F V O e a I n606 4112 /ITS Se'4 oN tib ° N s oo /l2` 3G3� 0 0 HhQ� mN� ' 2 /s soo N e JO o �^ AG O m 22 - 149 Fy / Q 8y 146 148 I W I lI,E9i O/3 - Oj/sl /lO o •f� 2�Gc. J wI`—lJ 147 rpoo �� o1 131 168 I" I 16 cn 607/ 0 to s t4 N �I" �� 70 117 �" ... 14 2Ar ii n e. APPEAL CASE NO. . . . . . . . . .. .. .. . . . . . . . . . CHU of '�'$ttirnt' ��n!iz1 grtfs Poarb of Arnaml TO THE BOARD OF APPEALS: he Under ign�p� r%rQsen th t he s are the owners of a certain parcel of land 14 ed at NO: . .I . . . J1)a �(11r. . . _ . . . . . . . . . .Street; �onina District!. . ana said parcei is affected by Section(s ) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. �trecf- c� o�0 ea. n Ln >Imo, N C3� mo 0 C� w �m N N ®3 47 nm A � w The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: ZA CLL -3eA back_. a.l I G o 1)1 04 Clic k Owner. .ba C�� �. !�G ?u! �.�. . . . Address.6. . .�N.Qo 1. . . .. . . . . . . . . . . . Telephone. l*4a- Sq� . . . . . . . . . . . . . . . . . . .. Petitioner. . . . . . . • • . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . Date. . . . . . . . . . . . . . . . . . . . . . Telephone. . . . .."" . . . . .. By . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . .. . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. NO.- -..... ... ... ............... PET[I ION 10 BOARD OF APPEALS LOCA I ION ..................... PF I I I IONER........... .............................. ADDRESS.......-. ..... .. ... ..... ............... CONDI I IONS .......................... ... ...... ....................... ............. ............................-........ .............. ......................................... ............... ......................................... .......... ....................................I............................ ,PETITION APPROVED.................... ❑ DENIED..... ................... [D ...................................... ....... 19......... BOAD OF ASSESSORS C1 I-Y HALL PAGE: SALEM, MA 01970 "7 Il.- .. I .. 10 IED;,ABUTTE ....... ........ �QERtl .... .. .. l......... . . . I ........I...... . ............. 20 2 .................. .......... ....... . ........ 3 3 �04 A p 4 PROPERTY ADDRESS. 0015 HIGHLAND S7REE7 6 ASSEISSED OWNER PICBOURNIE DAVID 8 7 7 �.I . 31 4 �o I9 MAP U, R l l I Ill AS . ....... �S F 0p D�lOWN E 9,: T ............... ............ 12 10 13 • it -17 (3-152 0015 HIGHLAND STREET MCBOURNIE DAVID 6 15 HIGHLAND STREET 4 12 TRACEY A SALEM MA 01970 110 13 1 ptqE Y� AVVIVE: 161 14 9 QN J J-1NA 1.10 E')," 'AVMIP� I 'D L 2 • 21 17 17 0150 0019 HIGHLAND STREET MCLAUGHLIN SCOTT J 19 HIGHLAND ST 22 18 PICLAUGHLIN COREY SALEM MA 01970 23 24 t�t 0% 1 1 1.I I I I I I.I.I I...I 1 11 1 1,1 1.11 ll�,� I I I� " .,"f,E,i I I I ,�I I I I. �P ,,,I 25 • AHt4D E-B RAH L .....I ......... 26 20 ............. loo27AGE'lMARIE-�Ro "Rl 1 40, LIA) I STR X,,; ...... • EE ...... ......... ....... 28 2229 0, n 17 0154 0011 HIGHLAND STREET GIUNTA STEPHEN j 11 HIGHLAND ST 24 MARIE A SALEM PIA 01970 31 17, 32 ............... .......9-t ...... 11" If 4,141 � P:Fllwp ................ 33 LEM' MAI a I U UTO N A A RV ........... 34 S, g F27 ...... j 54�l I, I; Rn,,SPREETI, ................ ....... 3 1000 77E 7' 31 28 37 029 17 0159 0241 NORTH STREET PHILLIPS MARGARET C 241 NORTH STREET 360 30 SALEM MA 01970 39 3W-'Ill"`-%�77 Rf ' R 259 40 I al 41 UA EPVVX�04970-,�',' ..........I...... 42 32 ........... ......... ............................. A "ENUE11 I I,I Al l.:MAQNffY,,�AVV.qLtf�, , 'l- I 3B i� 11"I'll�- - ,I'1%�I I��' 1%' 43 LA L �E%-'HA'90 ..... • 33 I . ....... 34 `�M'1941141 U'l... ........ 44 1 1 — -� I -p 45 0 35 46 • 47 36 4S 37 • 3150 IM l I I I I ...........I l .. ............. ..... ...52 40 53 41 54 55 z 42 56 43z 57 5 59 41 46 81 47 62 3 48 :4 4D ......I I ........... ........ 65 .............. I ....................... 50 ................. ....... 11 11 1 Z%l I ....... ...... 6 • 51 8 52 ♦ 69 53 70 710 54 51 72 5 c- .......... 'CKIEFASSESSrJR 4 z, ..... ..." .......... 7�5 ..............- 7[� .. I .....................1",. 7 rl � 0 o w m .J ai a w (n J� Pa G 5 Q ST. MARY'S o, 322 P2974 �e09 ITS z=e 86-27AC 4/ a \�0RTN �4e 0 z+e 3 Oa s ell p0 ryry Pp zea 9 OOdye z3, %n 59q p p q /FO $ („ 1 ., / e l e.5350 Q, 19u39 e p .Wo O 11 v l ' 5a4 ppp o O O o ti r2 ROUTF n ,39G /3� � d0 � a0 reg 0 � � �� `bry00 Res .rJ75 � � 0 Opp yes /3s o00 O ^ 30 h 4 98 0 9 /s��o 51 w s F sq'o n ao c `Rso 1„ 49 3 " o s/3F o ° e /sF \~p /j3 141 w 0 G,. a , a no 30 h� Nry „ 6J6 41y /FS tiIV 149oG 00 " ?2F 146 M`l / �Q' Oq/s� 9Nj/ a m� n Sj�0 N 148 �� a v o '0 w 1 11,E91 14T 7900 " by n 131 168 607/ 4640 to a T4 v SD IIS a t4 I JON 30 243 '93 CITY OF SALEM, MASS CLERK'S OFFICE 3' B' � TYP -ta 2 IXF i y+Aa,S i , � pv 3-6 .o rocf�i�) 'S I �°a°p Tye S 1 l < Al -bar Co�yG I'ti`(�v kiY 30 Z 43 Pf1 '93 CITY OF SALEM, MASS CLERK'S OFFICE � �x �- y Stat -/ r r r -- E"� /� ® IS ax)o / 1 i I I CoNG �tiT�pFX Jum 30 2 43 Ph '93 C-01 CITY OF SAt.EM, MASS CLERK'S OFFICE a �' off Fx y r I�� aJ5 yr- y � y�—�— �b �+al,� -�- - Ise—� t � �xv -j, g!o 31 I / a� !�ou rSC aZ>eAP P;T i L/ - 1, +1 1 - -/ Z - - -y 1 - - - - - 1 � . � t -Tj . ' ! � )! � §! I | � = = i � ` ! o ) . � E�� ! • 4! . @• i. l � . l7 ` . . . " � ! /: ! h| ` | ■ l � � . 0 ��' .i | | -- - ! ) § ƒ \ \ !� , � ! | '� ! | § _ | ■ . » % [ & - yn2 6229 SA ¥2g2Ga City of Salem Board of Appeal One Salem Green Salem, Massachusetts 01970 July 16, 1993 Dear Board Members: Re: Petition submitted by David and Tracey McBournie for a Special Permit to extend nonconforming side setback to allow the construction of a deck at 15 Highland Street (R-3) Thank you for notifying us of the public hearing scheduled for July 21, 1993 with regard to the above petition. Unfortunately, we will be out of state on the night of the hearing and unable to attend in person. Our home is at 17 Highland Street. We are abutters to the petitioner's property, along the side lot line where the requested Special Permit would extend the nonconforming side setback. We respectfully request that the Board attach the following conditions to the petitioners' request: that the edge of the deck be no closer than seven feet from the side lot line, and that the floor of the deck be no higher than 5 feet off the ground. So long as the Special Permit, if granted, meets these conditions, we do not oppose its being granted and will not appeal it. BACKGROUND We discussed with Tracey McBournie about two weeks ago their plans for their proposed deck. Tracey indicated that their preliminary idea was to build the deck so that the portion closest to our shared property line would extend roughly in a line from the side their rear entry hall. Unlike most of their house, which is approximately 7 feet from the side lot line, the rear entry hall, attached to the side of the house, is roughly 2 1/4 feet from the property line. She also told us the deck would be approximately 4-5 feet high, with a railing extending above that. We conveyed our concern that the deck as she described it was too close to the property line, and would negatively impact our property by being so close. We discussed with her the possibility of shifting the edge of the deck so it was in line with the majority of their house, that is, approximately 7 feet from the side lot line. Based on that discussion, it is our understanding that the petitioners would be willing to go along with this modification. We have provided a copy of this letter to the petitioners. Thank you for your consideration. Sincerely yours, Christophe M. Gre ne Deborah L. Kahn-Greene o Welaw AU qM-1 too, Q Kvi S ."ed�! 4 blow! 70", a " " n "W"LndnV 10�311 oaf vivo& YA n ' VIV02q , 1 1 117- 4 01 VU qolm�Apn ;mn W � Xxy 0� On A W "nqi-, Cyl Un Kell? 0100r! A "I 1V � Iyv a 1" C1- o to- i :q 11 1* an §0110100 -01 Put; �Oar , all. no �W 3 57�qsl nok n9y '', CX� Smonny Q 01-11.12P Q! Q! Raw On, paj - ps! 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