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10 LINDEN STREET - ZBA 10 LINDEN STREET vJ S Z 1 , Legal Notice 1 CITY OF SALEM BOARD OF APPEAL 745-9595 Ext.381 Will hold a public hearing for all persons interested in the petition sub- mitted by WILLIAM ARNOLD requesting an Administrate Ruling for the extension of a non-conform- Ing structure for the property located at 10 LINDEN STREET R-2. Said hearing to be held WEDNESDAY, APRIL 24, 2002 AT 6:30 P.M., 120 WASHINGTON STREET, 3RD FLOOR. { Nina Cohen , Chairman t (4/10,17) J Xu CITY OF SALEM, MASSACHUSETTS C( gc BOARD OF APPEAL S OFF-, A 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (97B) 745-9595 199 STANLEYJICZ, JR. 1 FAX (978) 740-9846 P1AY _ A l0 0 8 MAYOR DECISION ON THE PETITION OF WILLIAM ARNOLD REQUESTING AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 10 LINDEN STREET A hearing on this petition was held on April 24, 2002 with the following Board Members present: Nina Cohen, Chariman, Richard Dionne, Stephen Harris, Nicholas Helides and Joan Boudreau. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Ruling for the extension of a non-conforming structure for the property located at 10 Linden Street. After hearing the evidence the Board of Appeal makes the following findings of fact: 1. Petitioner, William Arnold owns and occupies a three-family residence at 10 Linden Street in Salem, in a two-family zoning district. His property is non-conforming both as to use and as to side and rear setback requirements, lot size and lot area per dwelling unit. 2. Recently, Mr. Arnold applied for a building permit to construct an addition, which he intends to use as a garage and living area for the existing units. The proposed addition would extend the footprint of the existing building within the current setback, density and parking requirements of the Zoning Ordinance. 3. The Building Commissioner granted Mr. Arnold's application for a building permit, and he began construction, completing work on the foundation. 4. Subsequently, the Building Commissioner issued a stop work order and informed Mr. Arnold that before any work could proceed on the proposed addition, he must obtain a special permit from the Salem Zoning Board of Appeal. The Building Commissioner based his order upon an opinion issued by the City Solicitor for the City of Salem, dated March 28, 2002, a copy of which is attached to this decision and is incorporated by reference within it. 5. The issued before the Board of Appeal is whether the Building Commissioner acted correctly in ordering Mr. Arnold to stop work on the proposed addition, pending a determination by the ZBA that a special permit may issued? i CITY�QpF SALEtj 11 1 DECISION OF THE PETITION OF WILLIAM ARNOLD FOR AN ADMINISTRATIVE' S OF CE A RULING FOR THE PROPERTY LOCATED AT 10 LINDEN STREET pagetwo 1001 -f 6. Section 9-3 of the Salem Zoning Ordinance gives the powers and duties oft ��o4dA (a Oa of Appeal. In subsection (e), the Ordinances provides for the issuance of decisions on administrative appeals: (e) The concurring vote of four (4) of the members of the Board of Appeals shall be necessary to reverse any order or decision of the Inspector of Buildings or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variation in the application of this ordinance. 7. The Board of Appeal heard testimony from Mr. Arnold, who opposed the issuance of The stop work order, and from Councillor Kimberly Driscoll, Ward 4, who argued in favor of the statutory interpretation set forth in the opinion of the City Solicitor. Where a nonconforming structure and multifamily use exist in a residential neighborhood, Ms. Driscoll urged the board to adopt the rule that a petitioner must obtain a Special Permit before making any alteration to the structure or the use. 8. The Board of Appeal also heard from an abutter, David Guy of 7 Linden Street, supporting the foregoing comments, arguing that the Board of Appeal should obtain input form the neighborhood prior to approving any change to an existing nonconforming use and structure. Therefore, based on the fact and on evidence presented, Ms. Cohen made a motion for a Stop Work Order and support John Keenan's opinion and voted 5-0 in favor of Mr. Arnold returning to the Board of Appeal with an application for r lief. Nina Cohen J Board of Appeal 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 s after the Massachusetts General Laws, Chapter 40A, and shall be filed within 20 days 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 it 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. cu CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT A120 WASHINGTON STREET, 3RD FLOOR Cl i JF S i SALEM, MA 0 1 TEL. (978) 745.9595 EXOT. 380 CC���,S OF IF&EA FAX (978) 740-9846 STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY 9 MAYOR Z0�7 hlQY �, A 10" Q . 8 March 28,2002 William Arnold 10 Linden Street Salem,Ma. 01970 Dear Mr. Arnold: Due to conflicting opinions between the City Solicitor and my zoning opinion,I am requesting the Board of Appeal to conduct an Administrative Ruling. The issue being considered is the extension of your non-conforming structure. The cost of this administrative ruling will be covered by this office. Until,your case is heard,there are no building permits, other than your foundation permit and therefore no work should be started. If further information is needed, please contact this office. Sinceer i� Peter Strout Zoning Enforcement Officer cc: Mayors Office Councillor Driscoll John Keenan Attorney McArdle KOemIT,�o CITY OF SALEM9 MASSACHUSETTS4'( 1• IA BOARD OF APPEAL V�" o Uj-FiC_ 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 2002! I�?!? STANLEY J. USOVICZ, JR. MAYOR Apri12, 2002 Board of Appeals 120 Washington Street Salem, Ma. 01970 RE: 10 Linden Street The petitioner, William Arnold is requesting an Administrative Ruling on the opinion of the City Solicitor, which finds against the Zoning Officer, This opinion states that in order to make the proposed expansion to the property, the owner would have to seek relief from the Board of Appeals to extend a non-conforming structure. c- 1J C. J Y ATTEST ;:� e�&� MY CLERK � xaE R/F UZUE L a" um 4 NOR ROD !OT 7 a0P01RD POOL g 9.900 S.F. 8 q 1a R/F WALSWAD WxW Taal R/F RMW L RFAMM PROPOM ADORRIR T4. PRwom GWAX iQa Ra 10 u aa.ao DR 1+0� mm ROD ser LINDEN STREET zona oamar - RE 1 CERRPr 7W IM SIa1CRM ON 7M PLM ARE LOMM OR 7W - a6 PLOT PLAN IN SALEM, MA m'6 a. Mmvmm P.LL �+ FOR BILL ARNOLD ,* Demis Gl y J. P> L147E.• 10/02/01SALE.• 1 = 30 dOa No. 01191 � T LANDMARK �1M0 SUNY C� ENG/NEER/NG & SUAIWKNG, INC. 583 CHESTNUT STREET LYNN, ADI 01904 (781) 592-7016 t