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16 SAUNDERS STREET - ZBA (2) / �.. � / -� </1 i? _. � a ., 04/10/2012 18:40 FAX 978 825 0088 JOHN H. CARR, JR. , ESQ. 0 001 JOHN H. CARR,JR., ESQ. 9 North Street Salem, MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 FACSIMILE COVER SHEET FACSIMILE NUMBER: 978-740-0404 TO: Danielle McKnight Salem Zoning Board of A$peals 120 Washington Street, 3' floor Salem, MA 01970 RE: Thomas J. McKinnon, Jr., et al. v. Leslie Byme, et al. Essex Superior Court Civil Action No. 2009-1545-C DATE: April 10,2012 Pages including this cover page: Z.- The iThe information contained in this roesimile message is legally privileged and confidential information intended only for the use of the individual or entity named above. If you arc not the recipient named above,you arc hereby notified that any dissemination,distribution or copy of this facsimilo message is strictly probibited. If you have received this facsimile message in _ error,please notify me immediately by telephone and return the original message to me at the above address via the United States Postal Serviee. Thank you. , 04/10/2012 18:40 FAX 978 825 0088 JOHN H. CARR, JR. , ESQ. 1?1002 John 11. Carr, Jr., Esq. 9 North Street Salem,MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 April 10, 2012 By Facsimile: 781-289-9468 James J. Cipoletta, Esq. 385 Broadway Revere,MA 02151 RE: Thomas J. McKinnon,Jr., et al. v. Leslie Byrne, et al. Essex Superior Court Civil.Action No, 2009-1545-C Dear Jim: I have still not received a reply to my 12:19 p.m. fax to you of Friday,April 6, 2012 (copy enclosed). Yesterday I called Danielle McKnight, who is the Salem Planning Department employee who serves as the liaison for the Salem.ZBA, and Danielle informed me that so far they have not received or heard anything from you or Leslie regarding continuing the April 18,2012 continued hearing to the May ZBA meeting. Enclosed is a copy of the fax I sent Danielle earlier this afternoon. Again, would you kindly call me on my cell phone(978-807-3264)by tomorrow at noon and let me know when you or Leslie will be contacting the Salem ZBA relative to continuing the April 18, 2012 meeting, if you have not done so already. Thank you. Very truly yours, John H. Carr,Jr. Cc. Robin Stein, Esq.-By Facsimile: (978) 744-1279 Danielle McKnight, By Facsimile: 978-740-0404-cover letter only ✓ Mr. &Mrs. Thomas McKinnon&Melanie 04/10/2012 17:17 FAX 978 825 0088 JOHN R. CARR, JR. , ESQ. IA001 JOHN I i. CARR,JR., ESQ. 9 North Street Salem, MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 FACSIMILE COVER SHEET FACSIMILE NUMBER: 978-740-0404 TO: Danielle McKnight Salem Zoning Board of Appeals 120 Washington Street, 3r floor Salem, MA 01970 RE: Thomas J. McKinnon, Jr., et al. v. Leslie Byrne, et al. Essex Superior Court Civil Action No. 2009-1545-C DATE: April 10, 2012 Pages including this cover page: 3 The information contained in this facsimile message is legally privileged and confidential information intended only for the use or the individual or entity named above. If you are not the recipient named abovc,you are hereby noofled that my dissemination,distribution or copy of this facsimile message is strictly prohibited. If you have received this facsimile message in error,plisse notify me immediately by telephone and rerun the original message to me at the above address via the United Statcs Postal Service. Thank you. i 04/10/2012 17:17 FAX 978 825 0088 JOHN H. CARR, JR. , ESQ. Z002 John J4. Carr, Jr., Esq- 9 North Street Salem, MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 April 10, 2012 By Facsimile: 978-740-0404 Danielle McKnight Salem Zoning Board of Agpeals 120 Washington Street, 3` floor Salem, MA 01970 RE_ Thomas J. McKinnon, Jr., et al. v. Leslie Byrne, et al. Essex Superior Court Civil Action No. 2009-1545-C Dear Danielle: Pursuant to my telephone call to you at 11:17 a.m. yesterday morning, I am herewith enclosing a copy of Attorney Cipoletta's 3:21 p.m. handwritten reply fax to me of Tuesday, April 3, 2012, printed on the face of the same letter that I faxed to him at 5:45 p.m. the day before, wherein Mr. Cipoletta states that"She [Leslie Byrne 9 will be pushing out the next ZBA until May." Since Mr. Cipoletta assured the Board at the initial hearing on March 21, 2012 that he would notify the Board as soon as possible if he would not be ready by the next meeting of the ZBA on April 18, 2012, in which event the matter would be rescheduled to the May meeting, I take him at his word and assume you will be receiving direct written confirmation of the enclosed within the next day or so. I am sure that neither Mr. Cipoletta nor his client intend unfair surprise, and will write Jim immediately to hurry this along,but would you nevertheless call me on my cell phone (978-807-3264)if you do not receive direct written confirmation by noon on Thursday, April 12, 2012. Thank you. Ve o John 14. Carr,Jr. Ce. James Cipoletta,Esq.-By Fa ' 1e: 781-289-9468 Robin Stein, Esq.-By Facsimile: -744- 1279 Mr. & Mrs. Thomas McKinnon&Melanie 04/10/2012 17:17 FAb 978 825 0068 JOHN H. CARR, JR. , ESQ. 0 003 04/02/2012 19:73 FAIL 078 626 0088 V JOHN H. CARR, JR. , ESQ. Q002 John I1. Carr,Jr.,Esq. 9 North Street Salem,MA 01970 Phone• 06 ax: 978-825-0068 i Aprt12, 2012 By Facsimile: 781-289-9468 James J. Cipoletta Esq. 385 Broadway Revere, MA 02151 RE: Thomas J. McKinnon,Jr., et al. v. Leslie Byrne, ar at. Essex Superior Court Civil Action No. 2009-1545-C Dear Jim: When I called you a week ago to suggest that we work together in an attempt to come up with a now design that both of our clients could live with,you agreed that that made sense. We left it that you were going to call Leslie Byrne, and would get back to me. You were also going to let me know wledw Leslie had already spoken with her architect, and whether sbe could have a new design by the next Salem ZBA meeting on April 18, 2012 in any event. It is now 5:45 p,m. on Monday, April 2,2012 and I have still not heard back from you. Does that mean that Leslie is riot interested in my suggestion? I would appreciate it if you would call me on my cell phone(978-807-3264) and let me know either way. 9 Thanks. X10 ire+ _ ��e t Spc,�� col otr c �,i toil t is Nor b t. o�T C� John H. Carr, Jr. Ce. Robin Stein,Esq.-By Facsimile: (978) 7 - 279 Mr. &Mrs. Thomas McKinnon& Melanie I ', ., FL a Is ie _/e.�s k.. w 4-&- U0.OKaL— 11asf5rJ . 7V S� �lL� oNmrq� CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 W� FAX: 978-740-9846 - - - KIMBERLEY DRISCOLL '1012 AUG —1 AD � MAYOR FILE # CITY CLERK, SALEM, MASS• July 31,2012 Decision City of Salem Zoning Board of Appeals Petition of LESLIE BYRNE, requesting a Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance to alter and extend a nonconforming single-family house on the property located at 16 SAUNDERS ST, Salem,MA(R2 Zoning District). A public hearing on the above Petition was opened on March 21, 2012, pursuant to Mass General Law Ch. 40A, � 11. The hearing was continued to April 18, 2012, May 16, 2012, and June 20, 2012, but was not heard those dates and no evidence was taken. The hearing was then continued to July 18, 2012 and closed on that date with the following Zoning Board of Appeals members present: Rebecca Curran, Richard Dionne, Annie Harris,Jimmy Tsitsmos and Bonnie Belair. Petitioner seeks a Special Permit pursuant to Section 3.3.5,Nonconforming Single- and Two-Family Residential Structures, of the City of Salem Zoning Ordinances. Statements of fact- 1. act:1. In a petition date-stamped March 5, 2012, petitioner Leslie Byrne requested a Special Permit to alter and extend her nonconforming single family house with an addition of 1 1/2 stories. 2. The petitioner was represented by Attomey James Cipoletta at the March 21, 2012 meeting, but represented herself at the July 18, 2012 meeting. 3. At the March 21, 2012 meeting,the Board heard testimony from several members of the public who opposed the project,citing concerns about impacts to views, access to light and air, fire safety, privacy, and decreased home values. The Board also received several letters in opposition to the project, as well as three letters of support. 4. On March 21, 2012,the Board continued the hearing to April 18, 2012, requesting that the petitioner look at revising the design to minimize the impact to abutters, particularly those at 14 Saunders Street, who would be most affected by the project. 2 5. The matter was not heard on April 18, 2012, but was instead continued to May 16, 2012 and then to June 20, 2012; no evidence was taken on these dates. The hearing was then continued to July 18, 2012. 6. At the July 18, 2012 meeting,the Board discussed revised plans submitted by the petitioner showing a lowered height and a dormer design that reduced the mass from the original proposal. At this hearing, the Board again heard testimony from abutters opposing the project. 7. At the July 18,2012 meeting, Real Estate appraiser Steven G. Ozahowski, 156 Willow St., Hamilton, stated that the value of the property located at 14 Saunders Street would be decreased by the proposed addition. A shadow study and solar elevations were also submitted to show impacts to the home on 14 Saunders Street. 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: 1. Desirable relief may not be granted, since the proposed addition would be substantially more detrimental to the neighborhood than the existing nonconforming structure. Due to the house's close proximity to the abutter at 14 Saunders Street, the proposed addition is not appropriate for its location,would impinge on privacy, and would otherwise negatively impact abutters. 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. A Special Permit under Sec. Section 3.3.5, Nonconforming Single- and Two-Family Residential Structures, of the City of Salem Zoning Ordinances, is denied. In consideration of the above, the Salem Board of Appeals voted 5-0 (Curran, Harris, Dionne, Tsitsinos and Belair opposed, none in favor),to deny petitioner's request for a Special Permit. The petition is denied. Re ecca Curran, Chair Salem 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 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 3 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. f PETITION IN OPPOSITION TO THE APPLICATION OF LESLIE BYRNE FOR A SPECIAL PERMIT TO EXPAND UPWARDS AT 16 SAUNDERS STREET SALEM, MASSACHUSETTS We, the undersigned, are opposed to the original and revised application of Leslie A. Byrne for a Special Permit to expand upwards at 16 Saunders Street, Salem, Massachusetts, including for the following reasons: 1. The revised design still substantially blocks the air, light, and views of our neighbors, the McKinnons, who own, live, and reside at 14 Saunders Street; 2. Ms. Byrne has other opportunities for expansion, which would not have such an adverse affect on the McKinnon' property; 3. Ms. Byrne's architect was supposed to work closely with the McKinnons in an attempt to work out a mutual-satisfactory design, but in the 3 months since the last ZBA hearing in March, she and her architect have not even bothered to contact the McKinnon; 4. Ms. Byrne purchased 16 Saunders Street long after the McKinnon purchased 14 Saunders Street, which was exactly the same size then as it is today; 5. Ms. Byrne knew or should have known that any future upward expansion by her would block the light, air and views of the McKinnon, and could not be accomplished as a matter of right. By proceeding with her purchase of 16 Saunders Street, she assumed the risk that she would not be able to obtain such zoning relief in the future; 6. Ms. Byrne is being hypocritical, since she opposed the original plans to build new housing at the bottom of Saunders Street because the then proposed townhouses would have blocked her views. She only dropped her opposition once the developer agreed to relocate both structures so they wouldn't block her views; 7. In particular, not only has Ms. Byrne not disclosed material facts to the Board, she has led the Board to believe just the opposite, since she affirmatively represented to both the neighbors and the ZBA, including at the initial ZBA hearing this past March,that she plans to continue to live at 16 Saunders Street and needs the additional space in order to enable her to do so. Not once did she disclose to either the neighbors or the ZBA the truth of the matter,which is that on December 30, 2011, three months before the last ZBA hearing in March 2012, she purchased a larger single-family home at 19 Dolloff Avenue in Beverly for$240,500.00, and on the same date signed a Declaration Of Homestead "under the pains of perjury" stating that she is occupying 19 Dolloff Ave(where she continues to reside) as her principal residence. She has also recently rented 16 Saunders Street for a year pursuant to a written lease to an unrelated third party; 8. The McKinnon are entitled to rely on the Salem zoning ordinance and the Salem ZBA to protect the enjoyment of their property and their property values; 9. We ask the Board to uphold the rights of people who actually live in the neighborhood, and not permit changes that adversely effect neighboring properties in violation of the stated purposes of Article 1 of the Salem Zoning Ordinance, especially changes that seem primarily designed to enrich absentee landlords at the expense of Salem residents and taxpayers. Signature q p Printed Name Address o,4eQ,-.- 70. ,aA,, V\ 5�-� i 5 SC �K!xa s 5 f 1 �,,, o S �4.w5o ut of J ie( 11 5curders c54' o VO 110 6 0 s�M/ae—.s sr 9•%n rcel' f r.9r4. ?o Lth P 9 , ATA a w4h a d C <r5T iC .aqo zo (2Q5s S7. U r— ss we 1 SS s) S! mos �� veVf�c� �3 t Z i l . Y/ e� �Zi w�/�✓L�S ��, s; D v 5 Si ature Printed Name Address n � 4 "ic AD ,y s � r `A C o IN Sq,)PJ&gs Sr par'yl r ZONING DISTRICT — R2 PROPOSED REQUIRED EXISTING ADDITION FRONT 15 9t 9f SIDE 10 4t 4t CROSS STREET CT. REAR 3D 64t 62t i 12.5't r MAP 36 LOT 78 AREA= 3820 t S.F. 'f/ -H 30' reoryord setback � N D MAP 36 LOT 87 MAP 36 LOT 79 COMMONWEALTH OF ELIZABETH MCCAMMON MASSACHUSETTS THOMAS J. MCCAMMON, JR. ,-GARAGEROP l3 0 2 PROPOSED . ' - �` n existing PORCH �` I bulkhead .t to remain 14't PROPOSED; 1, g ADDITION r EXISTING IST FL. a PROPOSED 2ND FL. rn ,a` S easu�y stays &. ATTIC N °' L Dann to be o 16' #16 PROPOSED BALCONY 12't PROPOSED, 15' fronlyard setback .� - ADDITION existing e +I patio ,ta H 44.5'ta' remain a' 1 SAUNDERS STREET PLOT PLAN OF LAND 16 SAUNDERS STREET SALEM PROPERTY OF LESLIE BYRNE SCALE 1 " - 20' MAY 22, 2009 NORTH SHORE SURVEY CORP. 14 BROWN ST., SALEM, MA 978-744-4800 #3235