1 GREENWAY ROAD - BUILDING INSPECTION � i
j 1 GREENWAY RD.
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DECISION OF THE PETITION OF MICHAEL GIGLIOTTI REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 1 GREENWAY ROAD (R-1)
a/k/a 101 HIGHLAND AVENUE
A hearing on this petition was held September 20, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
!-fill, Nina Cohen, Joseph Ywuc and Arthur LeBrecque. 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.
Petitioner, owners of the property request a Variance to enlarge non
conforming structure to construct an addition for the property located at 1
Greenway Road (R-1) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioners property is a two family home of one story. Petitioners
seek to enlarge their property by adding and additional story without
changing the footprint of the existing structure.
2. William Katsapetses, an abutter who owns property at 103 Highland
Avenue, appeared and stated that he has no opposition to the
proposed addition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF TE° PETITION OF MICHAEL GIGLIOTTI REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT I GREEN AY ROAD (R-1)
a/k/a/ 101 HIGHLAND AVENUE
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safetv shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Exterior finishes of the new construction shall be in harmony with the
exterior finishes.
6. All construction shall be done as per the plans and dimensions
submitted.
Variance Granted
September 20, 1995
Nina Cohen
Board of Appeal
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 after the 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appw has
been filed, that it has been dismissed or denied is recorded in the Swab
Essex Registry of Deeds and indexed under the name of the owner of rxd
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal ci+
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DECISION OF THE PETITION OF MICHAEL GIGLIOTTI REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT I GREENWAY ROAD (R-1)
a/k/a 101 HIGHLAND AVENUE
A hearing on this petition was held September 20, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, Joseph Ywuc and Arthur LeBrecque. 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.
Petitioner, owners of the property request a Variance to enlarge non
conforming structure to construct an addition for the property located at 1
Greenway Road (R-1) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioners property is a two family home of one story. Petitioners
seek to enlarge their property by adding and additional story without
changing the footprint of the existing structure.
2. William Katsapetses, an abutter who owns property at 103 Highland
Avenue, appeared and stated that he has no opposition to the
proposed addition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
f1
DECISION OF THE PETITION OF MICHAEL GIGLIOTT-7 REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 GREEN AY ROAD (R-1)
a/k/a/ 101 HIGHLAND AVENUE
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Exterior finishes of the new construction shall be in harmony with the
exterior finishes.
6. All construction shall be done as per the plans and dimensions
submitted.
Variance Granted
September 20, 1995
Nina Cohen
Board of Appeal
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 after the 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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appw has
been filed, that it has been dismissed or denied is recorded in the swth
Essex Registry of Deeds and indexed under the name of the owner of rempd
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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DECISION ON THE PETITION OF RICHARD & MARYANN-O'SHEA/MICHAEL GIGLIOTTI
FOR VARIANCES AT 1 GREENWAY RD. a/k/a , HIGHLAND AVE __(R-1 )
A hearing on this petition was held september 11 , 1991 with the following Board
Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt. 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.
Petitioners, owners of the property, are requesting Variances to allow a fence
which is in violation of the requirements for fences in the Entrance Corridor
Overlay District and visibility at intersections to remain. The property is
located in an R-1 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
1 . 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.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. Desirable relief may be granted without subsantial 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 . The petitioner received three price estimates for the existing fence and
was unaware that the fence construction required a building permit because
it was less than six feet.
2. The petitioners property is a corner lot that is unlike others in the zoning
district in that it is open on two sides to traffic.
3. The parcel in question requires protection both from traffic and noise from
adjacent Highland Avenue and Salem Hospital.
4. The fence replaced a group of shrubs and trees that were less attractive and
the fence does not obstruct the view of traffic to significantly greater degree.
5. Several neighbors spoke in favor of this petition.
6. The petitioner's land would be severely restricted in use due to safety
hazards from traffic if this petition is denied.
DECISION ON THE PETITION OF RICHARD & MARYANN O'SHEA/MICHAEL GIGLIOTTI
FOR VARIANCES AT 1 GREENWAY RD. a/k/a 101 HIGHLAND AVE. , SALEM
page two
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 exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the ordinance would involve substantial hardship
to the petitioners.
3. The relief requested 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 unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1 . Petitioner is to obtain a legal building permit.
2. The section of fence adjacent to 99 Highland Ave. will be altered so as to
lessen the obstruction of the view entering onto Highland Avenue.
Variances Granted
September 11 , 1991 � �,,pl
6444 )
Mary J StirgwOlt, mber, Board of Appeal
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 01
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the dare of filing of this decision in the office of the City Clerk,
n.cnted ha•ein shall not take effect until a copy of the
Pursuant to Mass. General Laws, Chapter 808. Section i i,the Variance
or aye:i�! rermlt .
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eciston, 'crin'; the enrol:cation of the CClerk that days have
elapsed and no 3PPO�'l has been filed, or thhaa t, if such appeal has been
filed, that it has been dlsm
Registry of Deeissesi 0r denied is recorded In the South Essex
ds and Indexed under the name or the owner of record or
of
cate
—zc .: is recorded and noted on the owner gOARDf fOF APPEAL.
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® SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and
the date of delivery. Far addinona f ees the following services are available. onsult postmaster ortees
andeck boxlesl for additional service(s) requested.
1. f Snow to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Ertra charge)
3. Article Addressed to: 4. Article Number
Richard & Maryann O'Shea P 268 692 041
1 Greenway Rd. Type of Service:
Salem, MA 01 970 ❑ Registered ❑ Insured
Certified ❑ COD
Express Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5 S' u e — ddressee S. Add a ddress (ONLY if
tr ex 1 ee`�airt)
V
. S' nature Agent ' Q A I •.,
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7. Date of Delivery 1
1991 .
PS Form 3811, Apr. 1989 t U.S.G.P.O.1989-238-815 TIC RETURN RECEIPT
UNITED STATES POSTAL SERVICEy t- .. ..+^�'
OFFICIAL BUSINESS
SENDER INSTRUCTIONSti i quu �'`�'" —• �'
Print your name,address and ZIP Co\ �� ..
in the space below.
• Complete Items 1,2,3,and 4 on the
reverse. U=a
• Attach to front of article if space
permits. otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested" adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
David Harris, Assistant Building Inspector
One Salem Green
Salem, MA 01970
° CUP of harem, Alaaacb gettg
Public Propertp department
�3uitbing Mepartment
(One balem Oreen
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 6, 1991
Richard & Maryann O'Shea
1 Greenway Road
Salem, MA 01970
RE: _1 Greenway Rd/1Highland Ave.
Dear Mr. & Mrs. O'Shea:
Thank you for the application for a building permit for the
existing fence located at the above referenced property. I am
sorry that I cannot approve this application as the fence is in
violation of the City of Salem Zoning Ordinance Section VII S.3 (dim-
ensional requirements for fences in an Entrance Corridor Overlay
District) and Section VII G. (Visibility at Intersection) .
Enclosed is your permit application and check for $20.00. Please
be advised of your right to appeal to the City of Salem Zoning Board
of Appeal. I have enclosed three (3) applications, fee schedule, and
informational sheet for your convenience. If you have any questions,
please do not hesitate to call me.
Si ,ere��eC��
David J. Harris
Assistant Building Inspector
DJH:bms
Enclosures
cc: City Solicitor
Councillor Furfaro
Certified Mail # P 268 692 041
Plans must be filed and approved by the Inspector
prior to a permit being granted X166
_ CITY OF SALEM
No.,� - or?$.n - Ward -- Z
HISTORIC DISTRICT? Y � „ Date
IF FOR SIDING, HAS ELECTRIC ' Home Phone
PERMIT BEEN OBTAINED? Y N Bus. Phone 7 4 -� z
APPLICATION
/FOR
PERMIT TO tT Liu t L,c-0d(,r,—C
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the
following specifications:
Owner's name and address
�r
e
Architect's name 2,1
Builder's name Q �S
Location of building, No.�
What is the purpose of building? `� �iG
If dwelling, # of units? Material of bldng?
Will building conform to law? Asbs?
Estimated cost ty Lic. �(� State Lic.#
Signature of Applicant !�
SI UNDER THE PE1 OF PERJURY
DESCRIPTION OF WORK TO BEDONE
C p 1 44 tA.j rn.r••I.r2 w C
Mail Permit to: �(1�
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N, 20- wwa 3
APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location lr 2 a z " Y
PERMIT GRANTED
/DLa.S 19CL/
App
rove
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D
°-� CERTIF�CA .OF OCCUPANCY
CITY OF SALEM Issued:3 5 to Permit#:
55095
SALEM, MASSACHUSETTS 01970 City of Salem Building Dept.
�oiy�gcA
DATE OCTOBER 17 19 951 PERMIT NO. 550-199
APPLICANT ED GASINOWKSI ADDRESS ! MAPLE SI" EXT 704
(N0.) (STREET) (CONTRS LICENSE)
CITY PEABODY STATE MA ZIPCODE 019FsO TEL.NO.
NUMBEROF
PERMITTO ADD(T+O1,) ( ) STORY TWO OR MORE: FAMILY DWELLING UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
AT(LOCATION) 01.0 i. % IGHLAND AVENUE ZONING
R-'i
(N0.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
SUBDIVISION MAP 14 LOT 0164 BLOCK LSIZE
OT 0005231 ,SO F]
BUILDING IS TO BE FT.WIDE BY FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: BljiLD ADDITION 7'O L "I NG DUPIe_.X %d ONE GREENWAY Rc'.I'D.J/
AREA OR QPERMIT
VOLUME ESTIMATED COST$ -�2. Biz' FEE $ 1 b''" 0;-/l
(CUBIC/SQUARE FEET)
OWNER OSHEFI MARYANN ._ -7SFIE-' RICHARD IS
AnnRFRR GRELINWAY RD� BUILDING DEPT. 1. T ,(
' ! JOB SITE COPY
r, CITY OF SALEM f BUILDING
SALEM, MASSACHUSETTS 01970
PERMIT
DATE OCTOBER 17 19 S`' PERMIT NO. 550-1995
APPLICANT ED GASINOWKSI ADDRESS 1 MAPLE ST EXT 704
(NO.) (STREET) (CONTR'S LICENSE)
CITY F'EABODY STATE MA ZIPCODE 019Cs Q1 TEL.NO.
PERMITTO ADDITION O sroav TWO OR MOR= FAMILY NUMBEROF _
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE) DWELLING UNITS
0101 HIGHLAND AVENUE. ZONING
AT(LOCATION)
(NO.) (STREET) DISTRICT
BETWEEN AND
(CROSS STREET) (CROSS STREET)
SUBDIVISION MAP !A LOT 0164" BLOCK LSIZE
OT 000523 . SO FT
BUILDING IS TO BE FT.WIDE BY FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKSDUILD ADDITION T, O ' EX T STING DUPLEX 16 ONF GREEENWAY ROAD. J. J. J.
AREAOR VGi: IVC i ei'lii`E LV VUw
upy
VOLUME ESTIMATED COST �S• 000FEE�ERMIT$ , C,gid. ��I
(CUBICISQUARE FEET)
OWNER OSHEA MARYAN^ J—OSHEi--9 RICHARD D BUILDING DEPT.
ADDRESS 1 GREENWAY RD BY j, J. j
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY At•}V$$MEET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
ON PUBLIC PROPERTY,NOT SPECIFICALLY PERYAI , ED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL N.
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BftBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. _
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FORA ALL CONSTRUCTION WORK.
1.FOUNDATIONS OR FOOTINGSPOSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
. ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDINGINSPECT ONAPPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
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2 - 2
4?
B D HEA GAS INSPECTION APPROVALS FIRE DEP SPECTING PPROVALS
' 3d
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OTHER CITY ENGINEER 2
2
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION.