16-18 JUNIPER AVENUE - ZBA (2) �� � � l
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i1e CITY OF SALEM
the BOARD OF APPEAL
,ien, 745.9595 Ext.381
;lerk Will hold a public hearing for all
y persons interested in the petition sub-
mitted by STEPHEN LIVERMORE is
seeking a Variance from the number
•a;- of stories to allow a third floor addi-
tion for property located at 16-18
'? JUNIPER AVENUE R-1.Said hearing
to be held WEDNESDAY,OCTOBER
20,2004 AT 6:30 P.M.,120 WASHING-
TON STREET,3RD FLOOR, ROOM
313.
Nina Cohen
w Chairman
J
CITY OF SALEM� MASSACHUSETTSCijy OF SAL�H.t4A
d BOARD OF APPEAL CLERK'S DFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. UISOVICZ, JR. TELEPHONE: 978-745-9595 2004 OCT 28 P 3: 00
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF STEPHEN LIVERMORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16-18 JUNIPER AVENUE R-1
A hearing on this petition was held on October 20, 2004 with the following Board
Members present;Nina Cohen Chairman,Bonnie Belair,Richard Dionne. Edward
Moriarty and Steven Pinto. 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 a Variance from the number of stories to allow a third floor
addition for the property at 16-18 Juniper Avenue located in an R-1 zone.
The Variances, which have been requested,may he granted upon a finding by this 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 and structures involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship,financial or otherwise,to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plane, makes the following findings of fact:
1. Petitioner, Stephen Livermore,owner and occupant of the two-family premises
and property located at 16-18 Juniper Avenue in an R-1 zone seeks permission to
construct a third floor addition on said premises,which proposed construction
would require a Variance from the Salem Zoning Ordinance for the number of
stories allowed in said district, specifically,to allow a third floor addition.
2. The specific dimensional zoning request Variance would permit a new 13 foot
shed dormer to be constructed on the premises, as indicated in the plans filed
herewith,in excess of the Ordinance definition limiting residences to 2 1/1 stories.
r
DECISION OF THE PETITION OF STEPHEN LIVERMORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16-18 JUNIPER AVENUE R-1
page two
3. The new proposed shed dormer/Mansard Dormer will not increase the existing
building height,will not affect ocean views from any abutting premises, and is
expressly within the maximum zoning height allowed in said district. Said
maximum height being 35 feet and 2 '/2 stories. Said proposed addition being 33
feet, 8 inches, but 3 stories.
4. Petitioner has demonstrated by a preponderance of the evidence that there are
Special circumstances that especially affect this property,but do not affect the
property within said zoning district in general.
5. Said special circumstances include the enlargement of the attic space at 16-18
Juniper Ave for a new bedroom,pursuant to the plans attached herewith,which
impacts on one aspect of the Zoning Ordinance,Height Restriction of not more
than 2 %z stories,but without affecting the overall Zoning District Height
Restriction of 35 feet.
6. Literal enforcement of the provisions of the Ordinance would cause substantial
Hardship,insofar as the request to enlarge the premises at existing unit at 16-18
Juniper Ave is necessary to meet the needs of the growing Livermore family.
Literal enforcement of the Zoning Ordinance does not allow for this type of
necessary social and familial expansion.
7. Desirable Zoning Relief may be granted without substantial detriment to the
public good,insofar as the new dormer will not extend beyond the footprint
and/or the ridge of the existing residence pursuant to the plans attached herewith,
and said new dormer will not affect the ocean and/or other views from any of the
abutting properties.
8. No neighbors spoke in opposition to, or were on written record as in opposition to
this pmject.
9. Under the circumstances, literal enforcement of the provisions of the Zoning
Ordinance as it relates to number of stories would deny the Petitioner reasonable
use of the premises and create a substantial hardship-financial and/or otherwise.
DECISION OF THE PETITION OF STEPHEN LIVERMORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16-18 JUNIPER AVENUE R-1
page three
10. Furthermore, desirable relief may further be granted without substantial detriment
to the neighborhood and public good and without derogating from the intent of
the Zoning Ordinance.
On the basis of the above findings of fact,and on, the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature,ordinance,codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
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. Petitioner shall obtain a Certificate of Occupancy.
Variance Granted
October 20,2004 Cc�waroriarty
Board of Appeal
j
DECISION OF THE PETITION OF STEPHEN LIVERMORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16-18 JUNIPER AVENUE R-1
page four
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 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 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