18 BUCHANAN ROAD - ZBA 18.BUCHANAp_7gp�
1 CHARLES 3 6-RAZHLEEN` ODONNELL - -
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Legal Notices e
CrrY OF SALEM M
1 BOARD OF APPEAL
745-9595 Ext.381
'
Will hold a public hearing for all
persons interested in the petition sub-
mitted by Charles & Kathleen
O'Donnell requesting Special Permit
to extend the use in a single family to 3
floors for the property located at 18
Buchanan Road R-1. Said hearing to
be held Wednesday, May 17, 2000 at
6:30 P.M., One Salem Green, 2nd
` I floor.
Nina Cohen,Chairman
(5/3,10) - F
i
DATE OF HEARING 2
PETITIONER 4
LOCATION 0440L Q��e
MOTION: TO GRANT SECOND AMENDMENT SECOND
-TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
I
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN— r/
Stephen Harris v
RONALD HARRISON Ai
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCIATE MEMBERS
PAUL VALASKATGIS
CONDITIONS:
In /
Citp of 6a lem, 41aoorbuzettg
36oarb of Zipped
MAY 23, 2000
YOU ARE HEREBY NOTIFIED THAT AS OF MAY 23, 2000 THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY
CLERK TO GRANT THE SPECIAL PERMIT REQUESTED OF CHARLES &
KATHLEEN O'DONNELL FOR THE PROPERTY LOCATED AT 18 BUCHANAN ROAD
R-1.
PETITION GRANTED
MAY 17, 2000
BOARD OF APPEAL
SALLY C.1mURTAGH
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 the
record or is recorded and noted on the owner's Certificate of title.
Board of Appeal
Cite of baiem, Alaoarbuoetw
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39oarb of ftpeaC - i;'s`OFFICE
ZflGu !PAY 23 A 10: 51
DECISION ON THE PETITION OF CHARLES & KATHLEEN O'DONNELL
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
18 BUCHANAN ROAD R-1
A hearing on this petition was held May 17, 2000 with the following Board Members
present: Nina Cohen, Chairman, Stephen Buczko, Ronald Harrison, Richard Dionne and
Stephen Harris. 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 requests a Special Permit to extend the use in a single-family house to the use
of three floors to provide room for a growing family. Current zoning allows for 2y2
stories in an R-1 district..
The provision of the Salem Zoning Ordinance which is applicable to this 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 Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of 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 neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule 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.
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
stuctures 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.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
e�
DECISION ON THE PETITION OF CHARLES & KATHLEEN O'DONNELL
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 18
BUCHANAN ROAD R-1
page two
1. The petitioner, Charles O'Donnell represented himself.
2. The increased roof height will still be within permissible standards.
3. The petitioner's next door neighbor, Richard H. Burke, of 20 Buchanan Road,
appeared at the hearing in support of the O'Donnells' plans.
4. There was no opposition to the petition.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the relief requested, subject to
the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
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.
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5. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
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DECISION OF THE PETITION OF CHARLES & KATHLEEN O'DONNELL
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
18 BUCHANAN ROAD R-1
page three
SPECIAL PERMIT GRANTED
MAY 17, 2000
Ronald Harrison, 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 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 or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 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.
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tP. SQL MACITY OF SALEM, MASSACHUSETTS
CLERK'S OFFICE coNDfT
BOARD OF APPEAL
1060 MAY 10 A 11: 33
cpy�op
TO THE BOARD OF APPEAL:
The Undersigned represent that they are the owner(s) of a certain parcel of land located at:
18 Buchanan Road Street; Zoning District R-1
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 IX
A.1 of the Zoning Ordinance.
Direct Appeal
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
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:
The petitioner is requesting a Special Permit to
extend the use in a single family to 3 floors. Current
zoning allows 2 1/2 stories in a R-1 district
(PLEASE PRINT) Charles 6 Kathleen O'Donnell
Owner: Charlet 6 KathleAnio'nannell Petitioner:
R
18 Buchanan Road 18 Buchanan Road
Address: Address:
Tel. No. 978-744-0486 Tel. No. 978-744-0486
By:
(Signature)
Date:
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 LZ :11 b 01 AUDI V.P1
ATTEST:
1d30 9Faiii :
CITY CLERK
APPEAL CASE NO. . . . . . . . . . . . .
34Q f�if Of �z1Pm,
P1nnIrb rf CAV'F 1d
TO THE BOARD OF APPEAL:
The Undersigned r present thaF he/she is/are the owners of a cert�}n parcel of land
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located at: .. . . . . . : . . .. . . . . . . . . . .Street; ZQon�ng1lDistrict_ . . . I. . . . . . . . ,
and said parcel is affected by Section(s). . . . . D.I. CY�D V �. . . . 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_
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Tfe Application for Permit was denied by the Inspector of Buildings for the following
reason(!) : J
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 derogatin
from the intent and purpose of the Zoning Ordinance and Building Code for the follow—
ing reasons:
ollow-ingreasons:: I
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Address. . . .p . . . �`OlvWr
Telephone. . . .13..1 �.� A. . . . . . . . . . . . ..
Petitioner. . . . . . . . . . . . . . . . . . • • .
�l•�111 Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • .
Date. . _ .Y_1�3�I 4. . . . :. . . . . Telep/h/one. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By.By.
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . ,i
Three copies of the application must be filed with the Secretary of the Board of Appg:
with a check, for advertising in the amount of 4. . . . . . . . . . . . . four weeks prior . to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
APPEAL CASE NO. . . . . . . . . . . .
3 4 f�if Of +5ZI12M, ��ZILi�c`IL�11I$PffS
P132irb I f CA"nd
TO THE. BOARD OF APPEAL:
The Undersigned represent thQathe/she is/are the owners of a cert 'n parcel of land
� �e4.� `"' . . .. . . . . .Street; Zoning District. .. . . . . . . . . . .. . . . . :
located at: . . . . . . �1. . .. . .._ _ _ . .
and said parcel is affected bySection(s). . . . _ -`D_I'�ti�h . !. . . . 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.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasou(s) :
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 derogatin
from the intent and purpose of the Zoning Ordinance and Building Code for the follow—
ing reasons:
c1 s�tc,w\ �e rn.\ 4,
e wS� of\ G., \t �GkX\
Owner. .`J. . .a. . `. . . . . . .. .p�. . . . . . . . . .
Address. . ..( . . G I`��T7ytNk\gX\ �aqqN"
Telephone... .C1�k.11. J- q�k� . . . . . . . . . ..
Petitioner. S.E�r� �.:. . . . . . . . . . . . . . . . . . . .
1�1\1
Date. . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Y.IN.. . . . Telephone
�. . . ... . . . . . . . . . . . .. . . . . . . . . . . . . .
By. . ..!� .1/.. ... . . . .
Three copies of the application must be filed with the Secretary of the Board of Appe<
with a check, for advertising in the amount of $. .. . . . . . . . . . . . four weeks prior to tht
meeting of the Board of Appeal, Check payable to the Salem Evening News.
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Salem MA 01970 �-
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