130 BAY VIEW AVENUE - ZBA 130 BAY VIEW AVENUE '
MARY LOU TRAMS
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OF APPEAL
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blic hearing for all
pd in the petition sub
mLou Tranos request-
ing a Variance/Special Permit to
extenda non conforming structure
for the property located at 130 Bay
View Avenue R•1.Said hearing to be
held Wednesday, March 17,.1999 at
6:30 P.M., One Salem Green, 2nd
Floor.
Nina Cohen,
Chairman
(3/3,10)
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1449 MAR 22 P 3_
DECISION OF THE PETITION OF MARY LOU TRANOS REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 130 BAY VIEW AVENUE
R-1
A hearing on this petition was held March 17, 1999 with the following Board Members
present: Nina Cohen, Ronald Harrison, Michael Ward, Stephen Buczko and Paul
Valaskagis. 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 Chapter40A.
Petitioner requests a Special Permit/Variance to extend a non-conforming structure for
the property located at 130 Bay View Avenue located in an R-1 Zone.
The province the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses,
provided, however, that such change extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to the neighbor.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rules that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
The Variances which have 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 or 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.
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.
DECISION OF THE PETITION OF MARY LOU TRANOS REQUESTING A SPECIAL
PERMIT & VARIANCE FOR THE PROPERTY LOCATED AT 130 BAY VIEW AVENUE
ft-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. Paul Nelson, an architect who resides at 137 Bay View Avenue, represented the
petitioner, Mary Lou Tranos.
2. Building plans prepared by Talbot Nilsson, an architectural firm located at 36
Commerce Way, Woburn, was presented to the Board.
3. Plot plan prepared by North Shore Survey Corporation of 47 Linden St. in Salem, =
was also presented to the board.
4. The petitioners requested a variance to extend a non-conforming structure to
construct an addition. The plans also detailed remodeling of the interior of the house.
According to the plans, the height of the building will be increased by 4 feet, but the
foundation size will not be increased. Eighty square feet will be added to the first
floor and 300 square feet will be added to the second floor.
5. Everett Dawkins, Jr. of 122 Bay View Avenue, wrote a letter in support of the petition.
6. Manly Ratliff, owner of 136 Bay View Avenue and who currently resides in
Richmond, Ma. Wrote a letter in opposition to the petition.
7. Barry Hyde of 96 Bay View Avenue, James Bums of 32 Beach Ave, Mary Wilson of
140 Bay View Ave. and Dawn Stapero, who resides at 136 Bay View Ave. all, spoke
in favor of the petition. All spoke favorable of transforming the house from a summer
cottage to a year-round residence.
8. There was no one present to speak In opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal voted unanimously, 5-0 to grant the requested
Special Permit 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 3 _
Safety shall be strictly adhered to.
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4. Petitioner shall obtain building permit prior to beginning any construction.
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DECISION ON THE PETITION OF MARY LOU TRANOS REQUESTING A SPECIAL
PERMITNARIANCE FOR THE PROPERTY LOCATED AT 130 BAY VIEW AVENUE R1
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be obtained.
Special Permit & Variance Granted
March 17, 1999
Michael Ward
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.
Board of Appeal N
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February 22, 1999
Everett L. Dawkins Jr.
122 Bay View Avenue
Salem, MA 01970
To Whom It May Concern:
I am the owner of the property at 122 Bay View Avenue,
which is located three houses west of 136 Bay View
Avenue. I have reviewed the plans for the proposal by
Mary Lou Trainas for renovations to the property located at
13a Bay View Avenue. I wish to express my approval of
the plans for the property.
Mary Lou has grown up in the neighborhood and the plans
to have a year round home instead of a summer cottage will
enhance the area.
Thank you for your consideration in this matter.
Sincerely,
F C�
Everett L. Dawkins Jr.
n.
03/17/1999 11:41 4134437814 HOSPICECARE IN THE 3 PAGE 02
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