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24 LEMON STREET - ZBA ®2 y 1-e N,o h :S4(-ee-4 c� universal® www.myuniversalop.com phone:,-866756.4676 UNV1MADS 21S13 f Zoning Board Project Status Sheet Address & Applicant: Date Submitted to BOA: Clerk Stamp: Variances Only - Constructive Approval Date: (100 days from rijn,� Z Abutters List Requested: G/ Abutters Notice Sent: 2/ Notice to Abutting Cities & Towns, Councillors: _ V Legal Notice posted at City Hall: (14 days before meeting) Aegal Notice Emailed & Confirmed: Legal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: _ 7/ 2 -- Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: Decision: r Decision Over: ion Filed: $ I /i r� Appeal Period O after decision filed) 0 /Z�r A (21"daq, Decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: 3 .? G ZBA ACTION FORM sEcoD !oT ' Date: ?la pl�,� Rebecca Curran Chair y Mike Du Petitioner: Riu�dO Gn� ( 03 42 Tom Watkins Peter Co elas Address sncr� Jimmy Tsitsinos Jim Hacker Alt. Paul Viccica(Alt.) Y Conditions: Total: y-d- ®Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. ©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. h ®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. 4 n®A Certificate of Occupancy is to be obtained. n A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. $ ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Planning Board. ❑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 floor area or 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 the Ordinance. CITY OF OF SALEM, MASSACHUSETTS tali BOARD OF APPEAL �9�;Cti'IINE,d� ,g��L '1 A 'f --- 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS dil�bOAUG - A I 1 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR CITY C_1' August 3, 2016 Decision City of Salem Board of Appeals Petition of RICARDO and ROSE HELEN GARCIA seeldng Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum lot area per dwelling unit, number of stories and a Special Permit per Sec. 3.3.5 Nonconforming Structures to construct a rear egress at 24 LEMON STREET (Map 36 Lot 44)(112). A public hearing on the above Petition was opened on July 20,2016 pursuant to M.G.L Ch. 40A, 5 11 and closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate). The Petitioner seeks seeking a Variance from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, for minimum lot area per dwelling unit, number of stories and a Special Permit per Sec. 3.3.5 Nonconforming Structures to allow two (2) dwelling units at the property. Statements of fact: 1. In the petition date-stamped June 27,2016, the Petitioner requested a Variance from the provisions of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, for minimum lot area per dwelling unit, number of stories and a Special Permit per Sec. 3.3.5 Nonconforming Structures. 2. Attorney Louis Izzi of Bell& Izzi,Melrose, MA-presents the petition. 3. The property is an existing single-family home in an R-2 Zoning District. 4. The petitioner is proposing to create a second dwelling unit, which is allowed by-right in the R2 Zoning District. 5. The property is currently used as a single family home on an existing 4,084 square feet of the 15,000 square foot lot area per dwelling unit required. 6. The petitioner is proposing to construct two (2) dormers and a rear egress for the proposed second unit. 7. The Building Inspector ruled at the July 20, 2016 meeting that the petitioner could request a special permit per Sec. 3.3.5 Nonconforming Single and Tajo-Family Residential Structures to reconstruct, extend, or structurally change the existing non-confornung structure to allow the construction of the dormers and rear egress where the Board determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 8. The petitioner proposed to formally create a driveway and three (3) parking spaces,which meets the parking requirements of the Salem Zoning Ordinance. 9. The petitioner has requested and received a permit for a formal curbcut at the property. City of Salem Board of Appeals August 3, 2016 Project:24 Lemon Street Page 2 of 3 10. The petitioner is proposing to construct a second unit, rear stairway to the second unit and construct dormers in accordance with plans submitted, "24 Lemon Street", dated March 4, 2016 by RD Design & Construction Corp. 11. The requested relief, if granted, would allow the petitioner to allow two (2) dwelling units, dormers and a rear egress. 12. At the public hearing, no (0) members of the public spoke in support and two (2) members spoke in opposition to the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Special Permits: The Board finds that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. L The proposed change or extension of a non-conforming structure to allow the proposed dormers and rear staircase would not be mote substantially detrimental than the existing non-conforming structure to the impact on the social, economic or community needs served by the proposal. 2. There are no impacts on traffic flow and safety, including parking and loading as the on-site parking requirements are met. 3. The capacity of the utilities is not affected by the project. 4. There are no impacts on the natural environment, including drainage as the petitioner is proposing to use pervious materials for the new parking area. 5. The rehabilitation of the building and the creation of an additional dwelling unit conform to the existing neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. Findings for Variance: 1. Special conditions and circumstances that especially affect the land, building, or structure is that the lot is an existing irregularly shaped and undersized lot. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the applicant as the use requested is one that is available as a matter of right in the R2 Zoning District. 3. Desirable relief may 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. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in favor (Rebecca Curran, Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate) and none (0) opposed, to allow to two (2) dwelling units at the property subject to the following terms, conditions and safeguards: I h City of Salem Board of Appeals August 3,2016 Project: 24 Lemon Street Page 3 of 3 Standard Conditions: 1. The 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. 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. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. IR P� Rebecca Curran, Chau 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 purmant 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 Pemit granted herein shall not take fed until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM e„ CITY OF SALEM,MASSACHUSI=S ;;s • BOARD OF APPEALS A 120 WASHINGTON STREET,3RD FLOOR70i6 JUN 21 P 3: 1 q � S T.R.M MASSACHUSETTS 01970 'IINBD�.- Thomas Phone:978-6199-5641o/Fax:978-740-9846C r of Inspectional TY " 5S. KIMBERLEY DiuscoLL Erin Schaeffer,Staff Planner r \°te c E I V �f"'' MAYOR Phone:978-619-5685/Fax:978-740-0404 t•.' TO THE BOARD OF APPEALS: JUN 2 7 2016 The Undersigned represent that he/she islare the owners of a certain parcel of land locatedst. D E P T O F P LAN N i NG & OMMUNITY DEVELOPMENT LOPMENT Address: 24 Lemon Street Zoning District: R2 An application is being submitted to the Board of Appeal for the following reason(s):This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Ezample: I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane,in the R-2 Zoning District.The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet.The current depth of my rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.) Petitioners/Applicants seek to convert their recently purchased existing, yet badly deteriorating, single fmmly home to a two family home in the R2 district. Construction of a rear stairway/egress will result in the modification of an existing noxi conforming structure. Additional light is desired forthe top floor and although the actual height of the building will not change the addition of the dormer will technically add a 1/2 story For this reason I am requesting: (X)Variance(s)from provisions of Section 4.1.1 of the Zoning Ordinance,specifically fromalin lot area per unit; mammm height (i.e.minimum depth of rear yard). What is allowed is TWO Family / 15,000 SF; 2.5 stories (ft?sq ft?stories? %?),and what I am proposing isTbm Family(ft?sq ft?stories? %?). IX)A Special Permit under Section 3.3.5 of the Zoning Ordinance in order to Construct a stahusy and dormers as expansion of non confi*m+g structure. ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use:Single Family Hage Are Lot Dimensions Included?(C)Yes ( )No Why? (Eranple:7ko Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: (X) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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 or the purpose of the ordinance. ()D For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and f) Potential fiscal impact,including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation of previous applications to the petitioner or his representative. If different from petitioner. Petitioner: Ricardo Garcia and Property Owner: Rase Ilelert Garcia Address: 138 Bridge Street, Salon, MA Address: Telephone: 781-720-8073 Telephone: Email: r�mrast•net Email: Signatu : = Wit^!��(Z:l Signature: (Attached consent letter is also acceptable) Date: 6/24/16 Date: If different from petitioner. Representative: IAttis F- Izzi+ F-S1 Address: Bell & Imi, IdL, 70 West Faster Street, Melrose, MA 021, A TRUE (781) 6 33 ATTEST Telephone: Signal Date. /24/16 1pi@be11 anrli 77 i 1 aw•can CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. 1 7 OWNER OF RECORD RICARDO & ROSE HELEN GARCIA BOOK 34464 PAGE 164 ESRD. i t PLAN REFERENCES PLAN BOOK 378 PLAN 22 PLAN 514 OF 1968 GRANITE WALL DRILLHOLE N 80102'41" E (SET) S 4758'45" E 20.77' 48.99' 40.00' / A=4,084 S.F. \ DRILLHOLE (SET) I HEREBY CERTIFY THAT THIS PLAN IS BASED ON AN Y DRILLHOLE 9J 36'59'05J�mw SUR . (SET) 8.35' N DECK OF SB/D#i 9' 9' 9' 95.0' 16.6' (FOUND)' 3 0 1.3' F �_ Z7 rn . . sae+a q� PROPOSED � STAIRS FARRELL P. LA�1D •, DATE PROPOSED \ 24 PAVER STONE DRIVE S` `• 2.0' ' REVISED: MAY 27, 2016 N 48•'21'35" W Q HYDRANT 88 50' !TAPPED IRON p CAPPED IRON 2.3' ROD (SET) PLOT PLAN ROD (SET) 24 LEMON STREET PROPOSED 12' CURB CUT SALEM.. MASS. LEMON STREET SCALE. 1 11 = 20' JANUARY 27, 2016 PrepaWBy .EDWARD J. FAR'RELL PROFESSIONAL LAND SURVEYOR 1 10 WINN STREET w SUITE 203 - WOBURN, MA. (781)- 933. 90.12 f BELL &. IZZI, LLC Lawyers Robert L. Bell,Jr. Telephone 781-665-3360 Louis P Izzi Facsimile 781-665-1321 June 24, 2016 VIA"IN-HAND" DELIVERY City of Salem Board of Appeals JU''! ti2 7 93 Washington Street F DL-pr - Salem,Massachusetts 01970 COMMLI" , ; RE: Petition for Variance/Special Permit Applicants: Ricardo Garcia and Rose Helen Garcia Property Address: 24 Lemon Street,Salem, MA Dear Members of the Board of Appeals: Please be advised that 1 represent the above-referenced Applicants, Mr.Ricardo Garcia and his sister,Ms. Rose Helen Garcia,in connection with their Petition for Variance and Special Permit. 1 understand that they were recently before the Board and as a result of that hearing,withdrew their Petition with the intention of filing a more comprehensive request for relief that is being filed herewith. I ask that the following submission be considered as the Applicant's Statement of Hardship and Statement of Grounds as required by the City of Salem Zoning Ordinance. As many or all members likely know from attendance at the prior hearing during which my clients made an appearance,they recently purchased the subject property with the intention of rehabilitating the same from its'current state of disrepair. In so doing,they are seeking to convert this existing single family home to a two family home that,as you know,is a use that is allowed as a matter of right in the R2 Zoning District. Although the lot is only 4864 square feet,thereby necessitating the variance from Section 4.1.1 of the Ordinance,there is ample room for parking in accordance with the parking requirements of the City of Salem. In addition,the proposed reconfiguration of the interior of the premises will not alter the existing"foot print"of the non-conforming structure except with respect to the construction of the rear stairway as the second form of egress from the proposed second unit. Thus,the request for a Special Permit under Section 3.3.5 of the Ordinance with regard to that issue. In addition,my clients would like to add two dormers to lend some architectural detail to the structure as well as natural light to newly created living space. Although the current height of the structure will not increase,the addition of two dormers would result in the"creation" of an additional half-story (according to the definition contained in the Ordinance)thereby necessitating a variance and/or special permit with respect to that proposed modification. It is my clients' position that the denial of the requested relief would result in a significant hardship as the use requested is one that is available as a matter of right and is being utilized by many abutters and neighbors. Enforcement of the Ordinance,if done so 70 West Foster Street, Melrose, Massachusetts 02176 City of Salem Board of Appeals June 24, 2016 Page Two literally,would invoke a-substantial hardship and deprive my clients from being able to effectively use the premises to its'fullest capacity.The relief desired does not create a detriment to the public good nor does it nullify or derogate from the intent of the Ordinance. This is an area of Salem which is conducive to and which to the Ordinance specifically contemplates the existence of to family dwellings. In addition,the proposal effectively creates new housing stock without the additional burden of expansion upon any existing open space; creates off street parking which does not currently exist; does not create any negative impact with respect to change and/or drainage runoff as the parking area will be comprised of pervious pavers and materials; and is a proposal which,if approved,does not in any way negatively impact the neighborhood. On the contrary,the proposed project will restore a decaying building; improve the architectural features of the building; improve the aesthetics of this property and enhance the beautification of this neighborhood while adding positively to the city tax base. For all of the foregoing reasons,we submit to the Board that the within request(s) for Variance and/or Special Permit(s) meet the necessary requirements for granting a relief requested in the Petition before you and it is respectfully requested that you collectively look favorably upon the same and grant the requested Variance(s) and Special Permit(s). espectfully, �Zzi LPI:mcw cc: Mr.Ricardo Garcia and Ms. Rose Helen Garcia T dW a.w ® ® b e yr L� alp b LtlRvif. I 00 00 mom 10 H Side elevation Front elevation �---—7 anv ® b Ii 9S ® b I lafbif. b ` 00 H RS Design & Construction Corp Clack elevation P.O.Box 761204 Melrose,MA 02176 Ph.781 720 8073 Project Name: scale: 3/32'=r-0° 24 Lemon St Date:March 42016 Drawing Title: Revision: Elevations 48'-1 1;• ,10 Peck s'-0•--' —9'-0' 9'-0'—k r 0 A1' ae.rm Lemon 5 RS Design & Construction Corp P.O.Box 781204 Melrose,MA 02178 Ph.781 720 8073 Project Name: scale: 3/32°=V-0" 24 Lemon St Date:March 42018 Drawing Title: Revision: Site Plan City of Salem, Massachusetts Engineering Department 120 Washington Street, 4th Floor Tel. (978) 619-5673 Fax (978) 745-0349 Kimberley Driscoll Mayor STREET OPENING and David Citylaggwmleer P.E. TRENCH PERMIT DATE OF ISSUANCE: 6/9/2016 Permit#• 2031 .I Permission is hereby granted to: CAHILL DEVELOPMENT PH: FAX: To break up the surface of public(circle one or more):. STREET, SIDEWALK, EASEMENT, or PUBLIC PROPERTY AT: 24 LEMON STREET FOR THE PURPOSE OF: Curb DESCRIPTION OF OPENING: DRIVEWAY 20'LEFT OF HOUSE Dig Safe#: You are subject to the provisions of the ordinances of the City of Salem,Sec 38,Articles IV and VI,38-229,Sec 46,and Sec 24-27,which references MGL Chapter 82A,section 2 GENERAL CONDITIONS 1. Permit expires 6 months from issuance data 2. Permit may be revoked at anytime for non-compliance 3. Sidewalk areas shall be restored to similar existing thickness,immediately as follows: a. Concrete-remove entire concrete panel,replace with concrete b. Bituminous-concrete-saw cut edges,replace with bituminous-concrete C. Brick-restore to original condition,City Engineer to approve using new bricks d. Call DPW Garage @ 978.744.3320,48 hours prior to backfilling,to Inspect work. 4. Trench backfill,compaction and roadway pavement patch to be as specified in D.T.E.98-22,Street Restoration Standards and approved by DPW Garage Foreman. - S. City may order work suspended,trench backfilled and roadway surface repaired due to impending inclement weather. 6. Public Safety shall be protected with MUTCD standard signs,barriers,lights,and/or other proper means. Police details may be required and shall be coordinated and paid for by the applicant. SPECIAL CONDITIONS t. ofa,-- Cily E sneer(signature) RECEIVED BELL & IZZI, LLC JUN 27 2016 Lawyers Robert L. Bell,Jr. Telephone 781-665-3360 Louis P. Izzi DEPT. OF PLANNING & Facsimile 781-665-1321 COMh1UNITY DEVELOPMENT June 24, 2016 t�lb AN 2� P 3: 18 VIA"IN HAND"DELIVERY Clerk,City of Salem 93 Washington Street f ITY CLE-11, Salem,MA 01970 Re: Petition for Variance(s)/Special Permit(s) Owners/Applicants: Ricardo Garcia and Rose Helen Garcia Property Address: 24 Lemon Street,Salem,MA Dear Sir/Madam: Please be advised that 1 represent Mr.Ricardo Garcia and his sister,Ms.Rose Helen Garcia,in connection with their Petition for Variance(s) and Special Permit(s) being herby submitted to the City of Salem Zoning Board of Appeals. Enclosed herewith,please find the following documents: 1. Original Petition Form; 2. Original Statement of Hardship and Statement of Grounds; 3. Copy of Certified Plot Plan dated January 27, 2016 and revised May 27, 2016; 4. Exterior Design Plans (including elevations); S. Applicant's Check in the amount of$129.00 made payable to the City of Salem; q 6. Applicant's Check in the amount of$75.00 made payable to the Essex South District Registry of Deeds; 7. Applicant's Check in the amount of$520.00 made payable to the Salem News; 8. Original Request for Legal Notice Forms; and 9. Ten collated copies of items 1-8 referenced above. Kindly file and docket the within in accordance with your customary procedures and please cause this matter to be placed upon the hearing agenda for July 20, 2016. Please also stamp one copy as received for my file. It is my understanding that I must deliver the remaining nine,stamped,copies directly to the Department of Planning and Community Development for the City of Salem. Thank you for your attention to this matter and please feel free to contact the undersigned with any questions or if there is a need for anything further. Very t; y y u s, `Coui LPI:mcw Enclosures cc: Mr. Ricardo Garcia and Ms.Rose Helen Garcia 70 West Foster Street, Melrose, Massachusetts 02176 CIS OF SALEM MASSACHUSETTS ,5ev� °` BOARD OF APPEAL +S.SW- 4i?t' tlllh JUN N A 8: 4U ` 120 WASHINGTONSTREET♦ SALEM,MASSACHUSETTS 01979 �t C TELE:978-619-5685 *FAX:978-7401 �L� 7 KIMI3ERLEY DRISCOLL MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of RICARDO and ROSE HELEN GARCIA seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum lot area per dwelling unit, number of stories and a Special Permit per Sec. 3.3.5 Nonconforming Structures to construct a rear egress at 24 LEMON STREET (Map 36 Lot 44)(R2) Said hearing will be held on WED, July 20, 2016 at 6:30 p.m., 3rd floor, 120 WASHINGTON ST, ROOM 313. Rebecca Curran, Chair Board of Appeals Salem News: 7/6/2016 &7/13/2016 This notice posted on "Official Bulletin Board" City 11a€ . Salem, Mass. on -�V„.,e bo ) do),P at StLIN GM in accordance with MGL Chap. 30A, Sections 18-25. City of Salem Department of Planning & . . Community Development RECEM CHECK RECEIPT AND TRACKING FORM JUN 27 2016 c„ � DATE=PT °F P ` _". BOARD Z�J� STAFF c )r CLIENT: PROPERTY ADDRESS: 12-LA L-P-c'1 0'n CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: $ 2. 0 0 Erin Schaeffer From: Flora Tonthat <ft@northeystreethouse.com> Sent: Monday, July 18, 2016 10:58 AM To: Erin SchaefferpOs� (� Subject: 24 Lemon St.Zoning _ ------ Hi ----Hi Erin, I won't be able to come to the zoning board meeting and just want to put in my comments to be read at the meeting. I want to thank the board for serving to protect the integrity of historic Salem. I'm not sure what the details of "24 Lemon St. seeking to build a non-conforming structure/rear egress" is about. But the last time they came before the board was to get a variance to convert a single family to a two family. My fear is that if the board allows this, it will set a precedent for splitting one's to two's, twos to threes and so forth. What ever the board decides, I believe it ought to be to encourage growing families to come live in Salem and discourage absentee landlords and developers to just condo away the single families and mix use nature of a neighborhood like Bridge Street Neck. Absentee landlords is already a problem but growing families will help to build up Salem Schools making it a more desirable place to live for all. Thank you. Floral ro Athat BSNNA NIAC Representative www.facebook.coin/BridgeStreetNeek The Bridge Street Neck Neighborhood Association exists to connect & inform people who are interested in maintaining/protecting this historic district in Salem MA t Erin Schaeffer From: vtsdmailer@vt-s.net on behalf ofjmeger@gmail.com Sent: Friday,July 15, 2016 10:30 AM To: Erin Schaeffer Subject: [City of Salem MA] Public Comment for July 20, 2016 hearing ��r�eaSe C Hello eschaeffer, Jennifer Meger(Imeser@email.com) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails,you can change your settings at http://www.salem.com/user/326/edit. Message: Zoning Board Members: I would like to submit this public comment regarding the variance petition submitted by Ricardo Garcia and Rose Helen Garcia,for 24 Lemon Street. As you heard from the neighborhood at the last hearing on this petition, the neighbors have serious concerns about the impact this project will have on parking. I do not believe that can be ameliorated by the parking spaces the owner has proposed for the lot. I would urge you and the building inspector to seriously consider the dimensions of the lot and of the proposed parking spaces, because from a layperson's eyes, it looks like the owner will have to encroach on abutting city property to provide the parking spaces they have proposed.The owner of this property has already shown a worrying level of reckless disregard for the abutting city property,as they cut down vegetation on that city property without proper permission from the city. I would like to point out that the law of the Commonwealth holds that variances are to be used sparingly.This project is requesting a variance not due to any hardship particular with the lot, but due to the owner's desire to turn a single family house into a multi-family property.Zoning law preventing an owner from doing what they want is not a hardship. In fact, the housing stock of Salem is low on single family houses as it is, and one could argue that the highest and best use for the property is for it to remain a single family property. Thank you for your consideration. Sincerely, Jennifer Meger 27 Lemon St. Salem, MA 01970 1