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19 LEE STREET - ZBA D p 19 LEE STREET 1 ISQ. CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENTrn r 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 C7- 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 ry C7 O O nH 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 < �? 0 ND 1. Special conditions exist which especially affect the subject property but not th� -CT,rr— District. 2!:r N n' rn 3 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 N_ t r� MCD 00 Or N rn3 L D � n� J CITY OF SALEM MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT rtern . 3 120 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 CD D 1. Special conditions exist which especially affect the subject property but not thoTr District. 'b -nR' _3 N n' ' r^3 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 N O n� m 0 Ln co co o D T r— � .gym .3 N M:X D e. 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 D " / 1WELL/ '/LING REMOVED I 1/419,, LANDS PROFESSiONAL LAND SURVEYOR 3, -,2 - 0 :-4 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 'N CONDUCTION, WITH P-Tr.kSURRW lip - — ----