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CRY OF SALEM
BOARD OF APPEAL
745.9595 Ent.381
Will hold a public hearing for all,
persons interested in the petition subs
milled by MICHAEL & NANCYI
LEBLANCE requesting a Variance
from the number of stories to con-
struct a 3rd floor dormer for the prop-
erty located at 22.24 SCHOOL
STREET R-2.Said hearing will be held
WEDNESDAY,SEPTEMBER 21,2005
AT 6:30 P.M., 120 WASHINGTON i
STREET,3RD FLOOR,ROOM 313.
Nina Cohen
Chairman
k (917,14)
CITY OF SALEM, MASSACHUSETTillI CLEOF SALEMRK'S MA
Is BOARD OF APPEAL OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY M.AUOSR FAX
OVICZ, JR. TELEPHONE:
7 8-45-9595 1005 SEP 30 A 18
846
DECISION OF THE PETITION OF MICHAEL &NANCY LEBLANCE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22-24 SCHOOL
STREET R-2
A hearing of this petition was held on September 21, 2005 with the following Board
Members present:Nina Cohen, Chairman,Bonnie Belair, Richard Dionne,Nicholas
Helides and Robin Stein. Notice of this 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.
The petitioner is requesting a Variance from the number of stories to construct a Yd floor
dormer for the property located at 22-24 School Street located in an R-2 zone.
The Variance which has been requested may be granted upon a finding of the Board that:
a. Special conditions and circumstances exist which especially affect the land,
building,or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
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.
The Board of Appeal, after careful consideration of the evidence presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. Petitioners Michael &Nancy LeBlance of 7 Moulton Ave. requested a variance to
allow a third floor dormer for the building at 22-24 School Street.
2. As grounds for this request, Ms. LeBlance stated that the requested dormer had
been partly built, pursuant to a building permit dated October 16, 2004. Although
a building permit was issued by the City, it was apparently issued without the
required zoning relief. As further grounds she stated that the third floor living area
would not become a separate living unit, but she requested permission to install a
bathroom on the third floor.
3. A Stop Work order issued by the Building Commissioner on June 16, 2005 stated
that the building permit had expired, and zoning relief was needed for the third
floor dormer.
4. Several neighbors spoke in opposition to the proposed petition. James Fleming of
47 Buffum Street stated that petitioner's property,a two-family house, is in
Cl i Y Or 'ALEM. MA
CLERK'S OFFICE
DECISION OF THE PETITION OF MICHAEL &NANCY LEBLANCE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22-24
SCHOOL STREET R-2 1005 SEP 30 A
page two
disrepair and is badly maintained. He observed a toilet seat was left on the front
porch off the house for several weeks,among other problems.
5. Jean Krajeski of 21 School Street also opposed the petition, stating that it
appeared an illegal third apartment was being installed in the building. She also
observed that the residence lacked sufficient off-street parking for the residents'
cars. Because of insufficient off-street parking,residents and visitors park on
both sides of School Street,even though it is not allowed,and this in turn creates
a hazard because the curve of the street at this point impedes visibility.
6. Cheryl Liakos of 1 School Street, also opposed the petition, for the above reasons
and because she felt resident children were endangered by the congested traffic on
School Street. Mrs. Thomas Hayes of 44 Barr Street,also opposed the petition
for the above reasons and because she objected to the increase in density caused
by the illegal third unit in the building.
On the basis of the above findings of fact,and on the evidence presented at the
hearing, the Board of Appeal concludes as follows.
1. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 2 in favor and 3 in opposition to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance Denied
September 21,2005
Nina Cohen, Chairmar�n�
Board of Appeal II�C,
I
ALCM. MA
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLA"b'S OFFICE
BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Sectionjig� G
Chapter 40A and shall be filed within 20 days after the date of filing of s si 9 18
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the
Variance of Special Permit granted herein shall not take effect until a copy of the
decision bearing the Certification of the City Clerk that 20 days have passed 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 Certificate of
Title.
Board of Appeal