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� , BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
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TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL 2CH i E GC;
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MAYOR
February28, 2011
Decision
City of Salem Zoning Board of Appeals
Petition of RUSSELL &NORMA LEBLANC requesting a Special Permit under Sec.
3.3.5 of the Salem Zoning Ordinance to expand a nonconforming structure, in order
to add a second floor addition to the existing single family house on the property
located at 11 WINTER ISLAND ROAD (R-1 Zoning District).
A public hearing on the above Petition was opened on January 19, 2011, pursuant to Mass
General Law Ch. 40A, $ 11. The hearing was continued to February 16, 2011 and closed on
that date with the following Zoning Board of Appeals members present: Elizabeth Debski
(chairing the meeting) Richard Dionne,Rebecca Curran, and Bonnie Belair (ahemate).
Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Deborah Kozlowski is the owner of 11 Winter Island Rd.
2. Ms. Kozlowski submitted a letter stating that petitioners Russell and Norma LeBlanc
had committed to purchasing the property and authorizing the LeBlancs to apply for
needed permits.
3. Mr. and Ms. LeBlanc presented the petition at the hearings.
4. In a petition date-stamped January 5, 2011,petitioners requested a Special Permit
pursuant to Sec. 3.3.5 of the Salem Zoning Ordinance to construct an addition on
the existing single-family home on 11 Winter Island Road.
5. At the hearing,neighbors and Board members expressed concern about the lack of
parking currently on the site and sought assurance that parking would not be
permitted on the public right-of-way off of Winter Island Road., adjacent to the
property.
6. At the hearing,Mr. LeBlanc noted that there was space on the site (between the
house and water) to park two cars.
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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 maybe granted, since the proposed modification will not be
substantially more detrimental to the neighborhood than the existing
nonconforming structure.
2. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
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 Pemit to extend a nonconforming single-family structure is
granted to allow for the proposed addition on the property located at 11
Winter Island Road as shown on the submitted elevation plans titled
"LeBlanc Residence, 11 Winter Island Road, Salem,MA," dated 2/8/11, and
prepared by Esoteric Residential Design,Inc.
In consideration of the above,the Salem Board of Appeals voted, four(4) in favor (Curran,
Debski,Dionne and Belair) and none (0) opposed,to grant petitioner's request for a Special
Permit subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, 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 the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy 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.
S. Unless this Decision expressly provides otherwise, any zoning relief granted
does not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty
percent (50%) of its floor area or more than fifty percent (50%) of its
replacement cost at the time of destruction. If the structure is demolished by
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any means to an extent of more than fifty percent (50%) of its replacement
cost or more than fifty percent (50%) of its floor area at the time of
destruction, it shall not be reconstructed except in conformitywith the
provisions of the Ordinance.
9. Two off-street spaces shall be created on petitioner's lot.
10. Petitioner shall not park in public right of way adjacent to the property.
Elizabeth Debski
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
office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A,Section
11, the Variance or Special Pemut 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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REFERENCE: PLAN OF LAND
DEED: REC. BK. 6918 PG. 153 LOCATED AT
PLAN: REC. BK. 2095 PL. 600 (END) j
11 R WINTER ISLAND ROAD
SALEM
PREPARED FOR
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DEBORAH KOZLOWSKI
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SCALE 1 = 20 DECEMBER 8, 2010
NORTH SHORE SURVEY CORP.
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14 BROWN STREET
1Z. I(� -J��' `�' SALEM. MA. 01970
DA REG. PROFESSIONAL LAND SURVEYOR 978-744-4800 # 3438