19 LEE STREET - ZBA D p
19 LEE STREET
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CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENTrn
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120 WASHINGTON STREET, 3RD FLOOR y4 j�l
SALEM, MASSACHUSETTS 01970 _ U)y
STANLEY J. USOVICZ, .IR. TELEPHONE: 978-745-9595 EXT. 380 CA �rTi
MAYOR FAX: 978-740-9846 'Q "^3
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DECISION OF THE PETITION OF MARK & JULIE COUGHLIN REQUESTING A 19 my
VARIANCE FOR THE PROPERTY LOCATED AT 19 LEE STREET R-1 Ln
A hearing on this petition was held on April 21, 2004 and continued to May 12, 2004 with
the following Board Members present: Nina Cohen, Stephen Harris, Nicholas Helides,
Bonnie Belair and Richard Dionne. 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.
The petitioner is requesting a Variance from lot coverage to allow an addition to the main
house and garage and a Variance from side and rear setback relief for addition and
garage for the property located at 19 Lee Street located in a R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a.
Special conditions and circumstancesexi
st which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
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 Petitioner's would like to remove an existing deck to build a single-story
addition at the rear of their home. They also would like to take down an existing
garage and rebuild a larger 24'x75' x 41' garage that will connect directly to the
house via a rear door.
2. The proposed garage will be 2.4' from the left property. It requires a variance
from the Ordinance's side setback requirement. The addition will be 6' from the
right property line at the furthest point and also requires a variance. The new
garage extends to within 2' of the rear lot line, thus increasing an existing non-
conforming as to rear yard setback.
3. The proposed building scheme exceeds the square footage allowed for coverage
by about 5% or 223.25sf and petitioners also seek a variance from lot coverage.
4. A neighbor Brian Curr of 17 Lee Street appeared to support the petition.
Councillor Mike Bencal of Ward 6 also supported the petition.
f
DECISION OF THE PETITION OF MARK & JULIE COUGHLIN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 19 LEE STREET R-1
page two
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On the basis of the above findings of fact, and on, the evidence presented at the a m
hearing, the Zoning Board of Appeal concludes as follows < �?
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1. Special conditions exist which especially affect the subject property but not th� -CT,rr—
District. 2!:r
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2. Literal enforcement of the provisions of the Zoning Ordinance would involve n
substantial hardship to the petitioner. r"',
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances 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 plans submitted 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
4. Petitioner shall obtain a building permit prior to beginning any construction or site
work.
5. Exterior finishes shall be in harmony with the existing structure.
6. Petitioner shall obtain approval from any City Boards or Commissions having
Jurisdiction including but not limited to the Planning Board.
Variance Granted
May 12, 2004
Nina Cohen,
Board of Appeal, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
date 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 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
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CITY OF SALEM MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT rtern .
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120 WASHINGTON STREET, 3RD FLOOR y-G :OC`
SALEM, MASSACHUSETTS 01970 _ U)�
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 CO C3�
MAYOR FAX: 978-740-9846 'D T
n
DECISION OF THE PETITION OF MARK & JULIE COUGHLIN REQUESTING A N rr v
VARIANCE FOR THE PROPERTY LOCATED AT 19 LEE STREET R-1 L'
A hearing on this petition was held on April 21, 2004 and continued to May 12, 2004 with
the following Board Members present: Nina Cohen, Stephen Harris, Nicholas Helides,
Bonnie Belair and Richard Dionne. 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.
The petitioner is requesting a Variance from lot coverage to allow an addition to the main
house and garage and a Variance from side and rear setback relief for addition and
garage for the property located at 19 Lee Street located in a R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
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 Petitioner's would like to remove an existing deck to build a single-story
addition at the rear of their home. They also would like to take down an existing
garage and rebuild a larger 24'x75' x 41' garage that will connect directly to the
house via a rear door.
2. The proposed garage will be 2.4' from the left property. It requires a variance
from the Ordinance's side setback requirement. The addition will be 6' from the
right property line at the furthest point and also requires a variance. The new
garage extends to within 2' of the rear lot line, thus increasing an existing non-
conforming as to rear yard setback.
3. The proposed building scheme exceeds the square footage allowed for coverage
by about 5% or 223.25sf and petitioners also seek a variance from lot coverage.
4. A neighbor Brian Curr of 17 Lee Street appeared to support the petition.
Councillor Mike Bencal of Ward 6 also supported the petition.
,f
DECISION OF THE PETITION OF MARK & JULIE COUGHLIN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 19 LEE STREET R-1
page two
Af C7
O
O n�
On the basis of the above findings of fact, and on, the evidence presented at the a
hearing, the Zoning Board of Appeal concludes as follows
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1. Special conditions exist which especially affect the subject property but not thoTr
District. 'b -nR'
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2. Literal enforcement of the provisions of the Zoning Ordinance would involve L v
substantial hardship to the petitioner. n ,
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances 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 plans submitted 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
4. Petitioner shall obtain a building permit prior to beginning any construction or site
work.
5. Exterior finishes shall be in harmony with the existing structure.
6. Petitioner shall obtain approval from any City Boards or Commissions having
Jurisdiction including but not limited to the Planning Board.
Variance Granted
May 12, 2004
Nina Cohen,
Board of Appeal, Member
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
date 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 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
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PLOT PLAN
LOCATION: 19 LEE STREET
LOT 491 SALEM, MA.
AREA=5,000 S.F. DATE: MARCH 2, 2004
SCALE: 1"=20'
50.00' ZONING DISTRICT: R-1
3.8'_ 1 MINIMUM SETBACKS:
2.7' 22.7' 24.5'
PROPOSED. FRONT YARD = 15'
GARAGE SIDE YARD = 10'
ADDITION REAR YARD = 30'
I CERTIFY THAT THE DWELLING IS LOCATED ON THE
GROUND AS SHOWN.
IIEXIS77NG
GARAGE
5.7'
2.4- PROPOSED
7' —ADDITION
BULKHEAD
OF
STEPHEN
6 P.
EXISTING Des Roche
-BE
11EXiSliNb DECK TQ No.27699
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" / 1WELL/ '/LING REMOVED
I
1/419,, LANDS
PROFESSiONAL LAND SURVEYOR
3, -,2 - 0
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DATE:
v PREPARED BY
50.00,
ENGINEERING & SURVEYING
LEE STREET SERVICES
70 BAILEY COURT
HAVERHILL, MASSACHUSETTS. 01832
TELEPHONE:FELHONE: (976), 556-028'4
EP. ,
IN
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CONDUCTION, WITH
P-Tr.kSURRW
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