7 LYNN STREET - ZBA D G�
1 7 LYNN STREET R-2
ELLIOTT MILFORD & FRANCES ATCHISON
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DECISION OF THE PETITION OF ELLIOT MILFORD & FRANCIS ,TCHISON
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 LYNN STREET. -2)
A hearing on this petition was held September 11 . 1996 with the following
Board members present: Gary Barrett, Chairman, Nina Cohen, Richard Dionne,
Joseph Ywuc and Paul Valaskatgis. 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.
Petitioner, requests a Variance from side setbacks to construct a 10' x 15'
deck with the installation of a French door for the property :coated at
7 Lynn Street.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings. or structures in the same district .
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal. after careful considerat'_ons the evidence presented at
the hearing, makes the following findings of fact:
1 . There was no opposition to the appeal .
2. There were three (3) letters presented to the board in support Of
the petition. They were Edmond Morneau. 33 Bridge Street, ::r_ene &
James Shea. 1 Lvnn Street and Mary & Tim Doggett of 9 Lynn Street.
On the basis of the above findings of fact, and on the evidence :resented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
CZCISION OF THE PETITION OF ELLOITY MILFORD 5 FRANCS ATCHISON REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 7 LYNN STREET ( R-21
;:age two
Gn the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoninz Board of Appeal voted unanimously, -1-0 to grant
,he variance requested, subject to the following conditions:
1 . Petitioner shall compiv with all city and state statures, ordinances,
codes and regulations .
All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safetv shall be strictly adhered to.
Petitioner shall obtain building permit prior to beginning any
construction.
Exterior finishes of the new construction shall to in harmony with the
existing structure.
Variance Granted
September 11, 1996
Paul Valaskatgi_s
Board of ppea.
COPY OF THIS DECISION HAS BEEN FLLED ', .TH HE PL,i;:.':ING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall to made pursuant to Section 17 of
the Massachusetts General Laws Chapter -nA, and sha'_'_ be filed within 20
days after the date of filing of this decision in t. e office of the City
Clerk. Pursuant to Massachusetts Genera: Lazes Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
jays 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 r- f the owner of record
or is recorded and noted on the owner's Certificate of Title.
°pard of Appeal
James A. O'Shea and Arlene O'Shea
1 Lynn Street
Salem, MA 01970
September 3, 1996
Dear Board of Appeals:
We are abutters of abutters and support the project proposed by Frances M. Atchison
and Elliott M. Milford to build a rear wooden deck, with French doors. The deck will not
be visible from the street or walkways in the historic district. Therefore, we see no
reason why the deck at 7 Lynn Street should not be built.
Sincerely, /
James and Arlene O'Shea
Mr. and Mrs Timothy H. Doggett
9 Lynn Street
Salem, MA 01970
September 6, 1996
Mr. Gary Barrett, Chairman
Board of Appeals
City of Salem, Massachusetts
One Salem Green
Salem, MA 01970
Mr. Gary Barrett,
Re: The proposal of Frances M. Atchison and Elliot M. Milford to build a deck on the rear of
their home at 7 Lynn Street. The deck has been described as of wooden construction, at a height
approximating the existing first floor level and extending fifteen feet along the property line.
As abutters we see no problem with this project and request the board to approve the proposal
Very Truly Yours,
Mar are og
0
Timot y H. Doggett
Bridge Street Automotive Service
333 Bridge Street
Salem, MA 01970
September 1,1996
Dear Board of Appeals:
As abutters,we are writing this letter of support for the deck proposed by Frances M.
Atchison and Elliott M. Milford, 1 Oft. x 15ft. with 5ft.. French doors. We own the
automotive shop in the rear of their property. It is without reservation that we support
these homeowner's project.
Sincerely,
Owners of Bridge Street Automotive
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