14-16 LEACH STREET - ZBA C52
n
Legid Notice
i CITY OF SALEM
i BOARD OF APPEAL
3 745-9595 Ext 381
I, Will hold a public hearing for all per-
n sons interested in the petition submit-
6 ted by LESLEY LINDER,TRUSTEE
t- seeking a Special Permit to alter an
n existing non-conforming structure and a
In Variance from rear setback to allow the
'gid construction of decks for the property
s located at 14-16 LEACH STREET R-2.
' Said hearing will be held on WEDNES-
ie DAY,SEPTEMBER 20,2006 AT 6:30
of P.M., 120 WASHINGTON STREET
th 3RD FLOOR,ROOM 313
Nina Cohen,
,n, Chairman
its SN—09/09,09/13/2006
i �T�
' �oNnurA CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL CITY OF :SALEM. MA
CL'ERK'S OFFICE
120 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 01970
-_
TELEPHONE: 978-745-9595
+
FAX: 978-740-9846 _
KIMBERLEY DRISCOLL �� -� ' 3: O
MAYOR
November 6, 2006
Decision
Petition of Lesley Linder requesting a Special Permit to alter an existing
non-conforming structure and a Variance from the rear yard setback for the
property located at14-16 Leach Street, R-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on September 20, 2006 pursuant to
Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present:
Nina Cohen, Annie Harris, Beth Debski, Richard Dionne, Bonnie Belair.
The petitioner Lesley Linder seeks relief pursuant to sections 8-2, 8-4, 8-6, 9-4 and 9-5 to
allow construction of two rear decks for the property located at 14-16 Leach Street,
Salem, in the Two-Family Residential (R-2) zoning district.
The petitioner is requesting a Special Permit to alter an existing non-conforming structure
and a variance from the thirty (30)foot minimum rear yard setback requirement of the
City of Salem Zoning Ordinance (Sec 6-4,Table 1) to approximately eleven (11) feet for
the construction of two 8 ft by 12 ft decks.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner owns a multifamily house at 14-16 Leach Street, which presently
houses 4 residential rental units. The property is an existing nonconforming
structure and use within the R-2 zoning district.
2. Petitioner, who was represented by Philip Posner, Esq., constructed two 8 by
12 ft. decks on the rear of the property without obtaining required zoning
relief and without obtaining a building permit. He appears before this Board
at the request of the Building Inspector's office, which notified him of these
violations.
3. Mr. Posner stated that his client was now attempting to comply with building
codes and regulations He further stated that the decks were constructed in an
effort to enhance and improve the property.
4. Ward Five City Councilor Matthew Veno opposed the petition on the ground
that the decks would be a nuisance to neighbors due to the density of the
surrounding neighborhood.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, the Zoning Board of Appeals concludes as follows:
1. The petitioner's request for a Special Permit to alter an existing non-
conforming structure and a variance from the thirty (30) foot minimum rear
yard setback requirement of the City of Salem Zoning Ordinance (Sec 6-4,
Table I)to approximately eleven (11) feet for the construction of two 8 ft by
12 ft decks does not constitute a substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. 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, four(4)in favor
(Cohen,Debski, Dionne, Hams) and one (1) opposed (Belair), to grant the request for a
Special Permit and a Variance, subject to the following terms,conditions, and safeguards:
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 to
and approved by the Building Commissioner.
1 All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to, including the Fire Department policy
regarding use of open flames for cooking on exterior decks.
4. Exterior finishes of the new construction shall be in harmony with the existing
structure.
5. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
7. The Petitioner shall submit As-Built plans to the Building Inspector within
thirty (30)days of the date of this decision.
8. The Petitioner shall consult the City of Salem Board of Health to determine an
appropriate permanent enclosure for trash barrels and shall install and
maintain such structure on the side of the house at all times while any units
are rented. /
Nina Cohen
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 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 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.
A
? . ONWT CITY OF SALEM, MASSACHUSETTS CITY OF SALEM. MA
'1 BOARD OF APPEAL CLERKS OFFICE
ro 120 WASHINGTON STREET, 3RD FLOOR
( SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
'+
FAX: 978-740-9846 _
KIMBERLEY DRISCOLL CC6� �, NOV3: 0I
MAYOR
November 6, 2006
Decision
Petition of Lesley Linder requesting a Special Permit to alter an existing
non-conforming structure and a Variance from the rear yard setback for the
property located at14-16 Leach Street, R-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on September 20, 2006 pursuant to
Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present:
Nina Cohen, Annie Harris, Beth Debski, Richard Dionne, Bonnie Belair.
The petitioner Lesley Linder seeks relief pursuant to sections 8-2, 8-4, 8-6, 9-4 and 9-5 to
allow construction of two rear decks for the property located at 14-16 Leach Street,
Salem, in the Two-Family Residential (R-2) zoning district.
The petitioner is requesting a Special Permit to alter an existing non-conforming structure
and a variance from the thirty (30)foot minimum rear yard setback requirement of the
City of Salem Zoning Ordinance (Sec 6-4, Table I) to approximately eleven (11) feet for
the construction of two 8 ft by 12 ft decks.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner owns a multifamily house at 14-16 Leach Street, which presently
houses 4 residential rental units. The property is an existing nonconforming
structure and use within the R-2 zoning district.
2. Petitioner, who was represented by Philip Posner, Esq., constructed two 8 by
12 ft. decks on the rear of the property without obtaining required zoning
relief and without obtaining a building permit. He appears before this Board
at the request of the Building Inspector's office, which notified him of these
violations.
3. Mr. Posner stated that his client was now attempting to comply with building
codes and regulations He further stated that the decks were constructed in an
effort to enhance and improve the property.
f
4. Ward Five City Councilor Matthew Veno opposed the petition on the ground
that the decks would be a nuisance to neighbors due to the density of the
surrounding neighborhood.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, the Zoning Board of Appeals concludes as follows:
1. The petitioner's request for a Special Permit to alter an existing non-
conforming structure and a variance from the thirty (30) foot minimum rear
yard setback requirement of the City of Salem Zoning Ordinance (Sec 6-4,
Table 1) to approximately eleven (11) feet for the construction of two 8 ft by
12 ft decks does not constitute a substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. 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, four(4) in favor
(Cohen, Debski, Dionne, Harris) and one (1) opposed(Belair), to grant the request for a
Special Permit and a Variance, subject to the following terms, conditions, and safeguards:
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 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, including the Fire Department policy
regarding use of open flames for cooking on exterior decks.
4. Exterior finishes of the new construction shall be in harmony with the existing
structure.
5. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
' a
7. The Petitioner shall submit As-Built plans to the Building Inspector within
thirty (30) days of the date of this decision.
S. The Petitioner shall consult the City of Salem Board of Health to determine an
appropriate permanent enclosure for trash barrels and shall install and
maintain such structure on the side of the house at all times while any units
are rented.
X24:,,,,
Nina Cohen
Salem Zoning Board of Appeals
A COPY OF TIES 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 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 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.
R '
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PLOT PLAN OF LAND IN SALEM, MA.,
DATE: 8-29--06
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