104-106 BAY VIEW AVENUE - ZBA 104-106 BAY VIEW AVENGE
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL !
745.9595 Ext 381
Will hold a public hearing for all
persons interested in the petition sub-
miffed by SCOTT PATROWICZ
requesting dimensional Variance
required to correct building
'encroachment across a common
(`boundary line for the property located
lat 104106 BAY VIEW AVENUE R-1.
Said hearing to be held on WEDNES- !
DAY,November 77,2004 at 6:30 P.M.,
120 Washington Street,3RD FLOOR:'
Nina Cohen ,
Chairman t
(11/4,10)
t
►otice �—
C1°r y OF
CITY OF SALE OMASSALCHUSETTS CLERi{S�FFM6E A
BOAR120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 1
STANLEY MMAYOR FAX:
JR. TELEPHONE:
978-740-98467 : 48- 9595 #4 OE 2 r 1 20
AMENDED 7
DECISION OF THE PETITION OF SCOTT PATROWICZ REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 104 AND 106 BAY VIEW AVENUE R-1
A hearing on this petition was held on November 17, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Nicholas Helides 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 dimensional Variances to correct building encroachment
across a common boundary line for the property located at 104-106 Bay View Avenue
located in an R-1 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. Petitioners were represented by Attorney George Atkins, 59 Federal Street in
Salem.
2. The relocation of the boundary line one half foot to the northeast results in a
change in area of 60 square feet.
3. Gifford and Ann Scott are the owners of 106 Bay View Avenue.
4. Plans were submitted showing the encroachment.
5. There was no opposition to this petition
f
DECISION OF THE PETITION OF SCOTT PATROWICZ REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 104 AND 106 BAY VIEW AVENUE R-1
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. Petitioner shall obtain approval from any City Boards or Commission having
Jurisdiction but not limited to the Planning Board.
Variance Granted '
November 17, 2004
Richard Dionne Cs� Yom\
Board of Appeal J
DECISION OF THE PETITIONOF SCOTT PATROWICZ REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 104 AND 106 BAY VIEW AVENUE R-1
page three
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
PETITIONER 6 w2 DATE
LOCATION b -----
MOTION : TO GRAT SECONIJ
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL Present Grant Deny Amend Withdraw Continue
Nina Cohen
--z------------- ---------------------_—__—
Richard Dionne
-------_— .--.------------------------- - ------------------------------------------------
Bonnie Belair
Nicholas Helides
�s
ASSOCIATE MEMBERS
jftvpkswwn
----------------__---__ - l-sr"'-�-�------__-____--------
Edward Moriarty /� --
CONDITIONS 1 O
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CITY OF SALEM, MASSACHUSETTS
v� X.ONNU11r,1
yr "� BOARD OF APPEAL
TO THE BOARD OFAPPEAL:
The Undersigned represent that they are the owner(s) of a certain parcel of land located at:
104 and 106 Bay View Avenue Street; Zoning District R-1
and said parcel is affected by Section(s) Table I of the AQuasacoasatts8t®ta[>�ddi¢rggXxyec
Salem Zoning Ordinance.
Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX
A.1 of the Zoning Ordinance.
Not Applicable - Direct Appeal
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
Not Applicable - Direct Appeal
n
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The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinan-W and/or ttte
Building Code and order the Inspector of Buildings to approve the application fee permit to build as'ed, as the-na
enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessaryzardship tm^r'
the Undersigned and relief may be granted without substantially derogating from the intent and purpse of th
Zoning Ordinance and Building Code for the following reasons: N
Petitioners request dimensional variances required to correct building encroachments
-across common boundary line by relocation of the boundary line one half foot to the Northeast—
resulting in a change in area of 60 square feet. The newly created lots require variances
for Minimum Lot Area, Minimum Lot Area Per Dwelling Unit, Minimum Lot Width, Maximum Lot
Coverage, and Minimum Side Yard..
(PLEASE PRINT)
Owner: Peter Gifford and Ann Scott Petitioner: Scott and Lucie Patrowicz
Address: 106 Bay View Avenue Address: 104 Bay View Avenue
Tel.No. Tel.No.
ja -�:�Se�prember.t�212YO
eorge Atkins, III
, 4
This original application must be filed with the City Clerk A certified copy of this petition will be returned to
petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four
weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of
$ ,made payable to the"Salem Evening News".
r •�J7"s a.�r !�r ! 1 �1
A TRUE COPY
ATTEST: 7
b'J � r.
67
CITY CLERK
CITY OF SALEM, MASSACHUSETTS
v� cownrT,��,��
BOARD OF APPEAL
n � �
TO THE BOARD OF APPEAL:
The Undersigned represent that they are the owner(s) of a certain parcel of land located at:
104 and 106 Bay View Avenue Street; Zoning District R-1
and said parcel is affected by Section(s) Table I of the
Salem Zoning Ordinance.
Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX
A.1 of the Zoning Ordinance.
Not Applicable - Direct Appeal
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
Not Applicable - Direct Appeal
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 following reasons:
Petitioners request dimensional variances required to correct building encroachments
-across common boundary line by relocation of the boundary line one half foot to the Northeasf—
resulting in a change in area of 60 square feet. The newly created lots require variances
for Minimum Lot Area, Minimum Lot Area Per Dwelling Unit, Minimum Lot Width, Maximum Lot
Coverage, and Minimum Side Yard..
(PLEASE PRINT)
Owner: Peter Gifford and Ann Scott Petitioner: Scott and Lucie Patrowicz
Address: 106 Bay View Avenue Address: 104 Bay View Avenue
Tel.No. Tel.No.
B
ttorney George . Atkins, III
alp• September 21, 2004
This original application must be filed with the City Clerk. A certified copy of this petition will be returned to
petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four
weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of
$ made payable to the"Salem Evening News".
A TRUE COPY
ATTEST
CITY CLERK
>•�\./ JUl[PER POINT
DETAIL „B»
NOT TO SCALE
IRON ROD(SET)
RAYMOND P. MacFARLANE, JR. &
JUNIPER COQE SUSAN M. MacFARLANE
LOCUS R\P�� REC. BK. 9319 PG. 270
JP /138 PL. BK. 1 PL. 15
ATLANTIC OCEAN �Q����G `C71•3^to
�j� IRON ROD(SET)
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DETAIL 'A'GO
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LOCUS MAPtlo SFR°6,3 3001 I k o1� #106 BAYVIEW AVENUE
SCALE: 1" = 200' J 31� N �'\ �' I o LOT 16
DRILL a.
HOLE —
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O (SET)
_._ ❑Q PAVED DRIVEWAY -
WINTER ISLAND 8�� (THREE-CAR PARKING)
DRILLHOLE
�\ FOUND c - _� _ _ #104 BAYVIEW AVENUE
� 1±106 BAYVIEW AVENUE LOT 15
z VER FOUNDATIO #
\ - LOT 16
PORCH DECK - GIFFORD & ANN SCOTT
— REC. BK. 8605 PG. 42
PL. BK. 1 PL. 15
SEE DETAIL 'B' A�\ \\ O^�
#104 BAYVIEW AVE
DETAIL "A" LOT 15 - �,
—
SCO & LUC E TT I PA 0 TR W 0
NOT TO SCALE EC. BK. 22694 PG. 489
LOT 14 — LOT AREA TO MEAN �
WATERVIEW CONIDOMINIUt = BK. 1 PL. 15 - HIGH WATER = 4,240 t S.F.
\ REC. BK. 6889 IPG. 418 ?o
2 STORY DWELLIN
\ X1 ING SINGLE-FAMIL
- --- - PARCEL A (0.5'WIDE) DRILL
AREA = 60t SF HOLE
� \ (SET) �.
Ns �•s�i,� h( sE /e
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`L1 `r l�Z�
j #106 BAYVIEW AVENUE LOT AREA TO MEAN m� F DRILL S by
HIGH WATER 4,010 t S.F. rF HOLE F
\ LOT 16 (SET)
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#104 BAYVIEW AVENUE \ 6i
LOT 15 .�.z`'�' DRILL \ i /• /' . �•• �P
HOLE �� \ J 5
�f• �fj� �o�' �$,p175
FOUND J O
\\ °o N / NOTES:
C:) A �O p 1. LOT 16 AND PARCEL A ARE SHOWN AS LOT 124 ON ASSESSOR'S
m �.. MAP 44.
y CC) \ N 1y �� PIN IN
WALL S 2. LOT 15 IS SHOWN AS LOT 125 ON ASSESSORS MAP 44.
7� \dam FOUND
Z ✓ �` O 3. PARCEL A IS NOT A BUILDING LOT. PARCEL A IS TO BE CONVEYED
g TO THE OWNERS OF LOT 15, TO BE COMBINED WITH LOT 15 TO FORM
OL
ONE CONTIGUOUS LOT HAVING AN AREA OF 4,010± SF.
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v I CERTIFY AT LAN HAS BEEN 4. SEE PLAN REFERENCE: PLAN BOOK 376, PLAN 10.
iy PREPARE 1 0 0 ANCE WITH THE Q
3 RULES A D E L 11 NS OF THE J
a REGISTRY D D .
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�-. PLANNING BOARD APPROVAL UNDER
PLAN® 0F AND
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aFOR REGISTRY USE ONLY SUBDIVISION CONTROL LAW NOT REQUIRED
W SALEM PLANNING BOARD — — — '
104 & 106 Bayview Avenue
CO0
Salem, Massachusetts
Date: July 15, 2004
PLDE#04-01 Scale: 1" = 10' Sheet 1 of 1
I- ��� GAIL 11 Property of:
€ o L. = SCOTT & LUCIE PATROWICZ - 104 Bayview Avenue
SMITH
GRAPHIC SCALE 4 No.35043 2 &
ED
IT 10 6 10 20 40 IST-fl,
GIFFORD P. & ANN P. SCOTT - 106 Bayview Avenue
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WX3NORTH SHORE SURVEY CORPORATION
( IN FEET ) 47 Linden Street, Salem, MA 01970
z DATE 1 inch = 10 ft. (978) 744-4800
g NSS#2233
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