1 GREENWAY ROAD - ZBA (2) I GREENWAY ROAD (R-1)
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DECISION OF THE PETITION OF MICHAEL GIGLIOTTI REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT I GREENWAY ROAD (R-1)
a/k/a 101 HIGHLAND AVENUE
A hearing on this petition was held September 20, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, Joseph Ywuc and Arthur LeBrecque. 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, owners of the property request a Variance to enlarge non
conforming structure to construct an addition for the property located at 1
Greenway Road (R-1) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioners property is a two family home of one story. Petitioners
seek to enlarge their property by adding and additional story without
changing the footprint of the existing structure.
2. William Katsapetses, an abutter who owns property at 103 Highland
Avenue, appeared and stated that he has no opposition to the
proposed addition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF MICHAEL GIGLIOTTI REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 1 GREENWAY ROAD (R-1 )
a/k/a/ 101 HIGHLAND AVENUE
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Exterior finishes of the new construction shall be in harmony with the
exterior finishes.
6. All construction shall be done as per the plans and dimensions
submitted.
Variance Granted
September 20, 1995
Nina Cohen
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 BOA, 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 appeslk has
been filed, that it has been dismissed or denied is recorded in the SaRth
Essex Registry of Deeds and indexed under the name of the owner of reegpd
or is recorded and noted on the owner's Certificate of Title.
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