16-18 JUNIPER AVENUE - ZBA 16-18 JONIPER AVENUE
\ STEPHEN LIVERMORE
/ 1
r \
I
l
ln,egal 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 STEPHEN LIVERMORE
requesting Variances from front set-
• _ back, left side setback, building
height and lot coverage require-
ments to construct an addition for
the property located at 16-18 1
JUNIPER AVENUE R-1.Said hearing Ii
to be,held WEDNESDAY,AUGUST
I
21,2002 AT 6:30 PAL, 120 WASH-
INGTON STREET, 3RD FLOOR,j
ROOM 313. 1
Nina Cohen
Chairman'
1
(8/7,14)
CITY OF SALEM9 MASSACHUSETTS
'> BOARD OF APPEAL
3 1 � 120 WASHINGTON STREET, 3RD FLOOR
T a SALEM, MA 01970
�r TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR. f`�-'� ii-
MAYOR
DECISION OF THE PETITION OF STEPHEN LIVERMORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16-18 JUNIPER AVENUE R1
A hearing on this petition was held August 21, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Richard Dionne, Bonnie Belair and Stephen
Harris. 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 front setback, left side setback, building
height and lot coverage requirements to construct an for the property located at 16-18
Juniper Avenue R-1
The Variances, which have been requested, may be 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
structure 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 plans, makes the following findings of fact:
1.The petitioner appeared and represented himself at the hearing
2. Plans were submitted showing the proposed addition to be constructed. The variance
for front setback of 7'6" instead of the required 15',a left setback of 7' instead of the
required 10'. Also a request for a variance to use three floors as living space to
construct a shed dormer and mansard style dormers to the property at 16-18 Juniper.
3. Abutters spoke in favor of the petition stating the present us of the property enhances
the neighborhood and climates the problems that previously existed.
4. There was no opposition to the plans.
J
x
DECISION OF THE PETITION OF STEPHEN LIVERMORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16-18 JUNIPER AVENUE R-1
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, 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 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 5-0 to grant the Variances 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 Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
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. A Certificate of Occupancy shall be obtained.
VARIANCE GRANTED
August 21, 2002
Stephen Harris
Board of Appeal �SC
l•LC:i J v: i
TJ; 3"1'33 Al el
DECISION OF THE PETITION OF STEPHEN LIVERMORE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16-18 JUNIPER AVENUE
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 day
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