199 JEFFERSON AVENUE - ZBA I i
199 JEFFERSON AVENUE
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL ,
746.9595 Ext.381
? Will hold a public hearing for all
I persons interested in the petition
{'[I submitted by MICHAEL RIORDEN
requesting a Variance from lot area
per dwelling, front, side and rear 1
setbacks to construct a second
unit off for the property located at
199 JEFFERSON AVENUE R-3. a
Said hearing to be held WEDNESDAY,
FEBRUARY 18, 2004 AT 6:30 P.M.,
,120 WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
Nina Cohen
Chairman
1 1
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CITY OF SB ARD OMAA SSACHUSETTS �(tops
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120 WASHINGTON STREET, 3RD FLOOR "��
SALEM, MA 01970
TEL. (978) 745-9595 FB
Fax (978) 740-9846 26 p
STANLEY J. USOVICZ, JR. �8
MAYOR
DECISION OF THE PETITION OF MICHAEL RIORDEN REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 199 JEFFERSON
AVENUE R3
A hearing on this petition was held February 18, 2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Richard Dionne, Nicholas Helides and Joseph
Barbeau. 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 is requesting a Variance and Special Permit from lot area per dwelling, front,
side and rear setbacks to construct a second unit for the property located at 199
Jefferson Avenue located in a R-3 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 (j), 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 neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests 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
of the Ordinance
DECISION OF THE PETITION MICHAEL RIORDEN REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 199 JEFERSON AVENUE R-3
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioner Michael Riorden seeks dimensional Variances and a Special Permit for
a change in use to allow construction of two residential units at 199 Jefferson
Ave, where for many years a hair salon operated. The site owner, John Fegone,
agreed to support development of two residential units, which is in an R-3 zone.
2. Petitioner submitted a plot plan, architectural drawings showing the proposed
addition and renovation, and a chart indicating the zoning relief needed.
The proposed construction requires a Variance of 1250 square feet from the
requirement of 3,500 square feet of area per unit, and Variance to allow lot
coverage of 53% and a Variance of 4.0 feet from rear yard setback requirement
of 30" The existing building would be altered internally, but not as to footprint,
does not meet side yard or rear yard setback requirements.
3. The proposed addition and renovations was supported by abutter Richard
Boucher of 190 Ocean Avenue and City Councillors Joan Lovely, Joseph
O'Keefe, and Kevin Harvey.
4. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning 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, 5 in favor and 0 in opposition to grant the
relief requested, 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 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.
i
DECISION OF THE PETITION OF MICHAEL RIORDEN REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 199 JEFFERSON
AVENUE R-3
page three
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
6 Petition shall obtain 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 & Variance Granted
February 18, 2004
Nina Cohen, Chairman
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