9 BARCELONA AVENUE - ZBA I
- _ 9 BARCELONA AVENUE (R-1)
NORMAN & PATRICIA FUSCO
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DECISION OF THE PETITION OF NORMAN J. FUSCO REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 9 BARCELONA AVENUE (R-1)
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 add a second floor for the property located at 9
Barcelona Avenue (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. Ward 4 Coucillor Leonard O'Leary spoke in favor of the petition.
2. Mr. Gallo, 8 Barcelona Avenue, spoke in favor of the petition.
3. Mr. Pierro, 2 Barcelona Avenue spoke in favor of the petition.
4. There was no opposition to the petition.
5. The proposed construction will not alter the existing footprint of the
current dwelling and will not effect any of the now existing setback.
6. The proposed construction will add a second floor to the existing one
story Cape home.
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.
DECISION OF THE PETI-ION OF NORMAN J. FUSCO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 9 BARCELONA AVENUE (R-1 )
page two
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.
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 /7
September 20, 1995 ���ti � (s,
Gary Barrett, Member
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 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's Certificate of Title. J L
Board of Appeal
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Ti#u of 'Salem, ttsstttljuse##s
4� �3nttrD of Ap}rettl
SEPTEMBER 27, 1995
YOU ARE HEREBY NOTIFIED THAT AS OF SEPTEMBER 26, 1995 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF NORMAN J. FUSCO REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED AT 9 BARCELONA AVENUE, SALEM, MASS.
VARIANCE GRANTED.
BOAR OF APPEAL
SALLY C Y MURTAGH�
CLERK OF THE BOARD
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
MGL 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 MGL Chapter
40A. , Section 11, the Variance/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 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's Certificate of
title.
Board of Appeal
rm f �Lo 12 10 �' '35
f�ittl of �ttiem, �zn2ISStIt�tuSe
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DECISION OF THE PETITION OF NORMAN J. FUSCO REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 9 BARCELONA AVENUE (R-1)
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 add a second floor for the property located at 9
Barcelona Avenue (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. Ward 4 Coucillor Leonard O'Leary spoke in favor of the petition.
2. Mr. Gallo, 8 Barcelona Avenue, spoke in favor of the petition.
3. Mr. Pierro, 2 Barcelona Avenue spoke in favor of the petition.
4. There was no opposition to the petition.
5. The proposed construction will not alter the existing footprint of the
current dwelling and will not effect any of the now existing setback.
6. The proposed construction will add a second floor to the existing one
story Cape home.
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.
DECISION OF THE P777-TON OF NORMAN J. FUSCO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 9 BARCELONA AVENUE (R-1 )
page two
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.
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 nn
September 20, 1995 �� ✓&',Vc
Gary Barrett, Member
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 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's Certificate of Title. rNn
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Board of Appeal Q'
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DECISION OF THE PETITION OF NORMAN J. FUSCO REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 9 BARCELONA AVENUE (R-1)
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 add a second floor for the property located at 9
Barcelona Avenue (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. Ward 4 Coucillor Leonard O'Leary spoke in favor of the petition.
2. Mr. Gallo, 8 Barcelona Avenue, spoke in favor of the petition.
3. Mr. Pierro, 2 Barcelona Avenue spoke in favor of the petition.
4. There was no opposition to the petition.
5. The proposed construction will not alter the existing footprint of the
current dwelling and will not effect any of the now existing setback.
6. The proposed construction will add a second floor to the existing one
story Cape home.
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.
DECISION OF THE PETI-ION OF NORMAN FUSCO REQUESTING A VARIANCE
FOR THE PROPERTY LCCATED AT 9 BARCELONA AVENUE (R-1 )
page two
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.
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 /7
September 20, 1995 ✓y�C ute� �fr.°�
Gary Barrett, Member
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 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's Certificate of Title. (, C^
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Board of Appeal
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/DATE OF HEARING
PETITIONER /�V Z� ln. /fes C/
LOCATION _V
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL /
$,T-E-P,uc�r�.�n•
STEPHEN TOUCHETTE
NINA V. COHEN A
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
Jose�ah ywc^c
CONDITIONS: q
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APPEAL CASE NO. . . . . . . . . . . . . .
3r 9 cfu of 'Sairm, ��9Httss�zcltuse##s
�Rntcrb of '�k, peal
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: . . .�C:CQ�O�A �Y�. ......Street; Zoning District....................:
and said parcel is affected by Section(s)..................... . of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section JIX A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s): 1 q
D,�rfC /
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing
ollowing reasons:
rr-e4S2 nonCo�far ^`] vc ��rF
Owner...N�rFn
........................
Address....l. `:K C �On 9 o V Q
// .........................
Telephone. 15-q.3 , S
Petitioner.....
Nor wsc�
.........................
arse �o1q S V2
Address....�.Q............ ..............
Date../.C//../q� ..... Telephone. .....
�.?. ..... V
..............
By. �:Sr9�.�'eV...........
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $............. four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
NO. . . . . . . . . . . . . . . . . . .
i
PETITION TO BOARD OF APPEALS
LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner_ . . . . . . . . . . . . . . . . . . . . . .
t
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . . . 19. . . . . }
APPEAL CASE NO. . . . . . . . . . . . . .
3 Tifu of L airm, 2I8$c'IL�iuSPffB
+, 9
�gnnrb of A�Ptzl
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at:. ..�. Q�rCQIO�S �Ye ....Street; Zoning District............. .......:
.. ... .. . . .. . .... . .
and said parcel is affected by Section(s). .... ...... . . . . .... . . . of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
cn to to
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
D"re CJ
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing
ollowing reasons: r I I
Z�Crccsf- non CO ^TOS ^ �^� lrT�vcTJ�Q
Owner. ... �Jtn•0." J-USCC)
...............................
Address.....9. ...�?S r C 2/® ^ . G v e
......
Telephone..b 1.r.., ,T93 — 9065'
...................
Petitioner.....�Ur,n4, Fjsco
.........................
/ / //� Address. . QgrfQ�a G 0.Ye.
Date.. ... % ..... . . Telephone. . .6 r.�.`3 .53..&065...........
By...,,.. .(/J�:61 .........
Three copies of the application mast be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $............. four weeks prior to the
meeting of the Board of Appeal. Check payable to the Salem Evening Neva.
NO. . . . . . . . . . . . . . . . . . .
PETITION TO BOARD OF APPEALS
LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner_ . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . . 19 . . . . .
0 ti
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BOARD OF ASSESSORS
CITY HALL PA6E.
SALEM, 11A 01970
A I',
02 ERTIF E0TR 't1$T,1 -
3
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4 SUBJECT PROPERTY: NA P- 06 LOT o 000-1 SUFF. 5
PROPERTY ADEIRESS: 0009 BARCEL-011A AVENUE 7
ASSESSED OWNER FUSCO NORMAN JOHN 8
7
....... 10
............
.........
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AP LOV:SVFF, .2-.�,, PROPERTY
10
Oil 08 0001 0009 BARCELONA AVENUE FUSCO NORMAN J01-114 4.8 ARCHER ST 5
12 LYNN NA 01902'
T000,2. 000"�, SAVONA,-;'�
"
3 STREET17
EP,
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.......
`A
21 r
FRANCULL.O BLANCHE E SALEM MA 0.1970 =
: 21 7 08 0010 2,10 1 0010 BARCELONA AVENUE TEN BARCELONA AVE RLTY TRUST THE 10 BARCELONA AVE 230
IB MITCHELL A J/MITCHELL M C TRS SALEM NA 01970 24
fl :118 ...........7777",
-LOtM�IAJVEN
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. .............
001.1 `...... b 00$1,BA RGEL ON A ENUC
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..........
21e-ARCELONA-A�;.ET
Off, U010006 BARCELOINA. LIE I ,'ARZ'1 GTAN -0 a,�r-r nll !F ..... .
22 MARY SALEM MA 0-1970 29
0 30•
23 08 014.7 0012 BARCELONA AVENUE MANSON ERIC W 12 BARCELONA AVE V/ 31
24 JANET A SALEM MA 0-1970 32
25 ..........
'.'FLN N Y*�D,X H,
TTIUR ZAD
026 0
27
ze LAGONAKIS NONDAS TR SALEM MA 01970 3
29 3
•
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30 40
7,77'7777 41
..... 42
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ZONING DISTRICT: R1
EXISTING LOT COVERAGE: 6.6%
PROPOSED LOT COVERAGE: 6.6%
4S 28,
LOT 574
LOT 233 ��$1560
LOT 572 TOTAL AREA
N 5,388 S.F. ;N 14,880 S.F.
cd LOT 573 U1
--- - 49.2' 9,492 S.F.
co
PROPOSED ^,c Q
,EXIST. 2nd STORY
1 Is,
WOOD ADDITION Q
10.
•• M I
46.34'
107.68'
BARCELLONA AVE ,
PLAN OF LAND
LOCATED IN
SALEM , MA
9 BARCELLONA AVE .
FOR PERMIT
SCALE : 1 " = 20 '
v
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:^d. �1�
JAMES W. B S. #9529 DATE
BRADFORD ENGI ING CO .
3 WASHINGTON SO .
HAVERHILL MA . 01 831 l
I
ZONING DISTRICT: R1
EXISTING LOT COVERAGE: 6.6%
PROPOSED LOT COVERAGE: 6.6%
I 4S 28.
LOT 574
LOT 233 7o,5..6
LOT 572 TOTAL AREA
N 5,388 S.F. ;N 14,880 S.F.
LOT 573
`49.2' 9,492 S.F.
co
'
co
PROPOSED ^
,EXIST. 2nd STORY Q
1 1NOODY ADDITION O
46.34 107.68
1
RA, R � LLON �t AVE .
PLAN OF LAND
LOCATED IN
SALEM , MA
9 BARCELLONA AVE .
FOR PERMIT
SCALE : 1 " = 20 '
.a
JAMES W. 66011, tl `L.S. #9529 DATE
BRADFORD ENGiK-,O .
3 `SING CO .
3 WASHINGTON SO .
HAVERHILL MA . 01 831
}
I
ZONING DISTRICT: R1
EXISTING LOT COVERAGE: 6.6%
PROPOSED LOT COVERAGE: 6.6%
4s 28.
LOT 574
LOT 233 ��S,Sg•
a
rn •
LOT 572 TOTAL AREA
N 5,388 S.F. J7 S.F. �
a3 LOT 573
---- �9.2' 9,492 S.F.
co
PROPOSED cv
,EXIST. 2nd STORY Q
i 1 WOODY ADDITION Q
46.34' I 107.68'
BARCELLONA AVE .
PLAN OF LAND
LOCATED IN
SALEM , MA
9 BARCELLONA AVE .
FOR PERMIT
SCALE : 1 " = 20 '
OFE ill.
k
//29<
" ACU
7
JAMES W. B QGJt ,f .S. #9529 DATE
,<
BRADFORD ENGII� F-� : `� ING CO .
3 WASHINGTON SO .
HAVERHILL MA . 01 831
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