2 HOSMER AVENUE - ZBA 2 HOSMER AVENUE
FAYE CATALANO
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�.t CITY OF SALEM
r1' BOARD OF APPEAL
.o� 745-9595 EXT.381
Will hold a public hearing for all
3ersons interested in the petition sub-
mitted by Faye Catalano requesting a
Variance/Special Permit for relief y
$om side and front setback to add a
'fleck on top of existing non-con-
forming structure for the property
).ocated at 2 Hosmer Avenue. Said
jI'4 earing to be held Wednesday,arch 17, 1999 at 6:30 P.M„ One
Salem Green,2nd Floor.
Nina Cohen,
Chairman
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of ,`451em, ttssttrfjusPf �J : s OFFICE
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''. PnttrD of c�?'peal
1999 MAP, I9
DECISION ON THE PETITION OF FAYE CATALANO REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 2 HOSMER AVENUE R-1
A hearing on this petition was held March17, 1999 with the following Board Members
present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward 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 Chapter 40A.
Petitioner requests a Special Permit for relief from side and front setbacks to add a deck
on top of an existing non-conforming structure for the property located at 2 Hosmer
Avenue R-1.
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:
DECISION ON THE PETITION OF FAYE CATALANO REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 2 HOSMER AVENUE R-1
page two
f,
1. The petitioner, Faye Catalano, is the owner of the property located at 2 Hosmer
Avenue.
2. The petitioner seeks special permit from front and side yard setbacks to allow the
construction of a deck on top of an existing non-conforming structure.
3. The subject property has minimal yard space. The addition of a deck will afford
Ms.Catalano an area on which she can spend time outdoors.
4. Gerald & Marian Hosman of 51 Bay View Avenue sent a letter in support of the
deck addition.
5. Several neighbors, including Kathleen Hall of 16 Beach Street and Josephine
Carro of 14 Juniper Avenue, spoke in support of the requested special permit.
6. No opposition.
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. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
3. 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.
4. 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 unanimously, 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.
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2. All construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer. ➢ y
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3. All requirements of the Salem Fire Department relative to smoke and fire safeti n
Shall be strictly adhered to. co
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
DECISION ON THE PETITION OF FAYE CATALANO REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 2 HOSMER AVENUE R-1
page three
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Special Permit Granted
March 17,1999
CEC-)
Stephen Buczko
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 owners Certificate of Title.
Board of Appeal
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GERARD & MARIAN HOSMAN
51 BAY VIEW AVENUE
SALEM,MASSACHUSETTS 01970
March 14, 1999 (978) 745-7292
NINA COHEN
BOARD OF APPEALS
CITY OF SALEM
ONE SALEM GREEN
SALEM, MA 01970
Dear Ms. Cohen:
My wife and I have another appointment Wednesday that will keep us from attending the public
hearing. However, we want to go on record as being in favor of granting a Variance/Special
Permit to Ms. Faye Catalano to add a deck to her property at 2 Hosmer Avenue.
We have seen the plans for the deck and approve. It will afford an ocean view from the property
without interfering with anyone else's. We believe that the design will enhance the appearance
of her house and therefore our neighborhood.
Ms. Catalano's property is one of the few in the Willows that has less yard space than ours. The
deck will allow her to enjoy the good weather. If she has the deck, she will not have to sit in the
middle of the street in a beach chair with one of those sun reflectors tucked under her chin.
Please vote in favor of Ms Catalano's petition for the benefit of our neighborhood and for the
safety of Faye and the motoring public.
Sincerely
Gerard Hosman
4"ez�L
Marian Hosman
cc: Faye Catalano