15 LINDEN STREET - BUILDING INSPECTION (2) /��,L�{h Leh Sf/��
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET, 3RD FLOOR CLCiI'f('S VI-MLC
SALEM, MASSACHUSETTS 01970 L
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846
1004 NOV 30 A IQ 23
DECISION OF THE PETITION OF LAWRENCE DEVAUX REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 15 LINDEN STREET R-2
A hearing on this petition was held on November 17, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Nicholas Halides and
Edward Moriarty. 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.
The petitioner is requesting a Variance from rear yard setback to construct a 12 x 13
sunroom for the property located at 15 Linden Street located in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
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 and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Petitioner seeks to construct a one-story addition to his house at 15 Linden
Street. Petitioner's house is an existing nonconforming structure that sits 28 feet
from the rear property line in a district where 30' rear setbacks are required.
2. The proposed 12 x 13 addition will be flush with the rear of the present structure,
thus increasing the existing nonconforming. It will extend along the right hand
side of the house and connect to a new open porch that will be built of the
existing side door.
3. Petitioner submitted a survey done by registered surveyor Gail L. Smith showing
the proposed structural addition.
4. Petitioner stated the abutter most affected by the proposed plan, William N.
Coombes of 17 Linden St. has given his approval. Mr. Coombes attended the
hearing and spoke in favor of the petition.
5. There was no opposition to this petition
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DECISION OF THE PETITION OFLAWRENCE DEVAUX REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 15 LINDEN STREET R-2
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All construction shall be done as per the plans submitted.
3. All requirements of the Salem Fire Department shall be strictly adhered to.
4. Petitioner shall obtain a building permit before beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. Petitioner shall obtain a Certificate of Inspection.
Variance Granted
November 17, 2004
Nina Cohen
Board of Appeal , Z E,
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
date of filing of this decision in the office of the City Clerk. Pursuant to
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 that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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's Certificate of Title.
Board of Appeal
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