1 CROSS AVENUE - ZBA I CROSS AVERIE —
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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.
mitted by SHAWN & ROBERTA
LINEHAN requesting Variances
from density,side setback and rear set.
back to construct deck with a roof
for the property located at 1 CROSS
AVENUE R-1.Said hearing to be held
WEDNESDAY, SEPTEMBER 15,
1999 AT'6:30 P.M., ONE SALEM
GREEN,2nd FLOOR.
Nina Cohen,Chairman
(9/1,8)
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DECISION OF THE PETITION OF SHAWN-& ROBERTA LINEHAN REQUESTING]
VARIANCE FROM THE PROPERTY LOCATED AT 1 CROSS AVENUE R-1
A hearing on this petition was held September 15, 1999 with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen
Buczko and Richard Dionne. 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 Variances from density, side setback and rear setback to
construct deck with roof over for the property located at 1 Cross Avenue.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. 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:
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1. The petitioner, Shawn Linehan represented himself.
2. Petitioner sought relief from density, side and rear setbacks in order to construct a
10' x 15' deck with a roof in the rear of his property.
3. Subject property is located in an R-1 District.
4. Petitioner presented plans for the design and the location of the deck. A plot plan of
the existing dwelling was prepared by Eastern Land Survey of Peabody
5. Edward Wolfe, of 95 Bay View Ave., spoke in opposition of the roof on the deck.
However, Mr. Wolfe was not against the construction of the deck if it is not built on a
DECISION OF THE PETITION OF SHAWN & ROBERTA LINEHAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 CROSS AVENUE R-1
page two
foundation. Mr. Wolfe afso presented an undated assessors map that showed the
showed the existing dwelling on 1 Cross Avenue may encroach upon the `paper
extension" of High Street.
6. Robin Scott, of 3 Cross Avenue, did not speak in opposition or support of the
proposed variance. She did ask questions regarding the plans.
7. There was no other opposition to the requested variance.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, 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.
6. Petitioner is to obtain a Certificate of Occupancy.
7. Exterior finishes of the new construction shall be in harmony with the existing
structure.
8. The porch shall be located a minimum of four feet from the nearest point of the south
east property line.
Variance Granted
September 15, 1999
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Michael Ward, Member
Board of Appeal
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DECISION OF THE PETITION OF SHAWN & ROBERTA LINEHAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 CROSS AVENUE R-1
page three
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 filinz�"oYt. is bn i0 the-office of the City Clerk. Pursuant to
Passachusetts Generamr s Chapter40A, 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
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