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CITY OF SALEM9 MASSACHUSETTS
OF SALEM,
BOARD OF APPEAL CITY
CLERK'S OFFICER
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 II, ��
MAYOR FAX: 978-740-9846 1005 AUG -2 A
DECISION ON THE PETITION OF PATRICK AND CYNTHIA O'CONNOR
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 100 BAY VIEW
AVENUE R-1
A hearing on this petition was held on July 20, 2005 with the following Board Members
present: Nina Cohen, Chairman, Nicholas Helides, Edward Moriarty, Steven Pinto and
Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the
hearing were published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting a Variance from the number of stories to rebuild after fire damage
for the property located at 100 Bay View Avenue located in an R-1 district.
The Variance which has been requested may be granted upon a finding of the 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
structures in the same district;
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 or the purpose
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented and after
reviewing the plans at the hearing, makes the following findings of fact:
1. The house was a legal four family, which will now become a two family. The owners
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want to rebuild and have a family member move into the second unit.
2. Ms. Anna DellaMonica, the owner of 102 Bay View Avenue was represented at the
hearing by Attorney Goddard. She is opposed to the granting of the Variance because her
view may be restricted or obstructed and this could lower her property value. She also
stated that the variance would increase the number of people and cars. Ms. Della Monica
is also worried about another fire and the close proximity of her property. She has three
condominiums at 102 Bay View Avenue but does not live there.
3. Mr. Plummer who resides at 98 Bay View Avenue stated that he was not for or
against the proposed Variance.
1
DECISION ON THE PETITION OF PATRICK& CYNTHIA. O'CONNOR
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 100 BAY VIEW
AVENUE R-1
4. Mr. and Mrs. O'Connor presented a Petition signed by several of the neighbors who
are in agreement with the plans of the renovation.
On the basis of the above findings of fact, 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 in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
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 four in favor of the Variance and one
opposed. Nina Cohen, Nicholas Helides, Steven Pinto and Bonnie Belair voted in favor
and Ed Moriarty voted in opposition. The Variance was granted subject to the following
conditions:
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.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure. The Petitioner is required to use fire resistant materials in the construction.
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.
8. The rebuilding of the rear porches will be limited to the existing footings of eight feet
by twelve feet.
DECISION OF THE PETITION OF PATRICK &CYNTHIS O'CONNOR
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 100 BAY VIEW
AVENUE R-I
page three
9. The house shall remain a two family.
10. The Petitioner shall apply and comply with any conditions made by the Conservation
Commission.
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Variance Granted
July 20, 2005 Bonnie L. Belau CSC
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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal