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Zoning board denies Dela Rosa request for major rear/side-yard relief at 23 Lynn Street
Summary
The Peabody Zoning Board of Appeals denied a variance application for 23 Lynn Street after questioning encroachments, proximity to the Curtis Cemetery and neighboring property lines; key board members split their votes resulting in no approval.
The Peabody Zoning Board of Appeals on April 13 voted to deny a variance sought by Dela Rosa Signature Homes LLC for an addition at 23 Lynn Street that would have reduced required rear and side-yard setbacks.
Attorney John R. Kelty, representing Signature Homes and Arsenio Dela Rosa, said the house dates to 1810 and that the rear addition addresses constraints created by the lot and adjacent cemetery. Kelty described a proposed 24-by-25-foot addition and noted letters sent to immediate neighbors; he said a buyer of a nearby duplex had expressed willingness to work on screening and fencing.
Board members raised questions about encroachments shown on assessor maps and survey plans, the location of several sheds on the parcel, and whether the addition could be reconfigured to reduce impact on the neighboring Hopkins property. No neighbors appeared to speak in favor or opposition at the hearing.
The board moved to approve but the roll-call vote failed: Peter and Chris voted yes; Barry voted no; Julie voted yes; Fran voted no. With that split the application was not approved.
Why it matters: The request involved significant setback relief (requests described in the application were approximately 11 ft rear-yard relief where 35 ft is required and about 5 ft side-yard relief where 15 ft is required), and the board cited concerns about existing encroachments and impacts on adjacent properties and cemetery boundaries.
What happens next: The applicant may revise plans, withdraw and refile, or appeal the board’s decision. The board’s written decision will be filed with the city clerk and is subject to a 20-day appeal period.
