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ONDIT{, CITY OF SALEM9 MASSACHUSETTS
✓ BOARD OF APPEAL
Z
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY ORISCOLL
MAYOR
January 31, 2008
Decision =
City of Salem Zoning Board of Appeals
==
Petition of Dennis Korumpas and Linda Korumpas seeking a Variai-ce
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 W
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, §§ 11 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 careful 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.
Y.
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.
i
Zoning Board Proiect Status Sheet
Project Address:
Applicant:
Date of Application:
Date Opened at Meeting:
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
Legal Notice Sent: Publication Dates:
Abutters List Requested:
Abutters Notice Sent:
Notice of Decision Sent:
Decision Filed: Appeal Period Over:
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MAP 42 LOT 36
DEEMS S. KORUMPAS
38 MEMORIAL DRIVE
74'
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MAP 42 LOT 37 MAP 42 LOT 39
MARK J. & JULIE COUGHLIN h = o
30 MEMORIAL DRIVE N a JEROME T. &
0) O ELIZABETH CHAKLOS
N h 2 5 LARKIN LANE
MAP 42 LOT 38
- AREA -
7,600± S.F.
2'± ° BULK
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.PROPOSED;
ADDrnoN' 1 STORY
5 , DWELLING o
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14 CHIMNEY
4'± 13`
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L=90.43'
= 68.76
LARKIN LANE
PLOT PLAN OF LAND
f S ;;Ty N 3 LARKIN LANE
" SALEM
PROPERTY OF
I CERTIFY THAT THE BUILDINGS DENNIS A. & LINDA
HEREON ARE LOCATED ON ��
THE GROUND AS SHOWN, KORUMPAS
SCALE 1" = 20' DECEMBER 11, 2007
NORTH SHORE SURVEY CORPORATION
DATE / REG. PROF. LAND SURVEYOR 14 BROWN STREET - SALEM
978-744-4800
#3034
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