29 LINDEN STREET - ZBA ,i \
`vt(�A1D1T� > CITY OF SALEM
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
KIMBERLEYDRISCOLL
MAYOR 120 WASHINGTON SMEET+SALFti[,MASSA -iusr_ris 01970
1ti.:978-619-5685 ♦FAx:978-740-0404
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DiRECLOR
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April 30, 2009 =+
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Mr. Edward Burge, Jr.
29 Linden Street
Salem, MA 01970 a
Re: Request for extension—29 Linden Street
v' J
Dear Mr. Burge:
On May 21, 2008, the Salem Zoning Board of Appeals granted Variances from minimum
side yard setback and maximum lot coverage requirements for your property located at 29
Linden Street, Salem, MA.
The Board met on Wednesday, April 15, 2009 to discuss your request for an extension of
the granted Variances until June 5, 2010. The Board decided by a unanimous vote to approve
the extension request until June 5, 2010, due to the hardship presented by serious illness in your
family and economic difficulties.
If you have any questions or require further information, I can be reached in the
Department of Planning & Community Development at(978) 619-5685.
Sincerely,
Danielle McKnight
Staff Planner
Cc: Cheryl LaPointe, City Clerk
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
+ 120 WASHINGTON STREET, 3Ro FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745.95 9 5
FAX: 978-740-9846
KIMBERLEY DRISCOLL MAYOR I909 JUN -S P 2: OQ
June 5, 2008
tliE IF
Decision
City of Salem Zoning Board of Appeals
Petition of Edward Burge Jr. requesting variances from minimum side
yard width and maximum lot coverage to construct a 13' 11" x 14'
second story addition with two landings and stairs at 29 LINDEN
STREET fR-21.
A public hearing on the above Petition was opened on May 21, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on May 21, 2008 with the
following Zoning Board members present: Robin Stein(Chair), Rebecca Curran,
Elizabeth Debski,Annie Hams and Bonnie Belair(Alternate).
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Table I: Residential Density Regulations.
Statements of fact:
1. The petitioner,Edward Burge Jr., is the owner of 29 Linden Street a property
located in the Residential Two Family(R-2) Zoning District.
2. The petition is accompanied b a plan entitled Plan of Land 29
i P P Y P Linden Street",
prepared by North Shore Survey Corporation, dated April 2, 2008. Additionally,
the petition is accompanied by existing and proposed rear elevations, a proposed
side elevation, and a photograph.
3. The petitioner is proposing to construct a 13' 10"x 14' second story addition with
two landings and stairs at the rear of the property. The Zoning Ordinance requires
a minimum side yard width of 10'; the current and proposed side yard width is 9'.
The Zoning Ordinance allows for maximum lot coverage of 35%; the proposed lot
coverage is 39.8%. The petitioner is seeking variances from minimum side yard
width and maximum lot coverage.
4. There were no members of the public who commented on the proposal at the
public hearing.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted,makes the
following findings:
2
1. There unique conditions affecting the locus and structure,not generally affecting
other lots in the neighborhood and Zoning District.
2. A literal enforcement of the provisions of the City of Salem Zoning Ordinance
would result in substantial hardship financial or otherwise to the petitioner who
would be unable construct an addition in conformance with the ordinances due to
the size and layout of the lot.
3. The requested relief is minimal and the proposed addition would not be out of
character with structures existing in the neighborhood. Therefore, desirable relief
may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans,Documents and testimony, the Zoning Board of
Appeals concludes:
1. To allow for the 13' 10"x 14' second story addition with two landings and
stairs, the petitioner may vary the terms of the Salem Zoning Ordinance,
specifically the requirements for minimum lot width and maximum lot
coverage to allow a minimum lot width of 9' and maximum lot coverage of
39.8%.
2. 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, five (5) in favor
(Debski, Curran, Stein, Harris, and Belair) and none(0) opposed, to grant petitioner's
requests for variances subject to the following terms, conditions,and safeguards:
1. Petitioner shall comply with all City and State statues, 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 new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
3
Robin Stem, Chair
Salem Zoning Board of Appeals
i'
A COPY OF THIS DECISION HAS BEEN FILED WrrH THE PLANNING BOARD AND THE MY 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 has
been filed with the Essex South Registry of Deeds.
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