6-8 LOONEY AVENUE - ZBA I �
` ) Q S
� ILIDLLSl1UGLL:� J � I
/ I
f Legal Notice ,
1
CITY OF SALEM
BOARD OF APPEAL
i 978-745.9595,Ext 381
will hold a public hearing for all per-'
( sons interested'in the peti0on submit-
ted by DAN MADRU-MARGULIES.&
! ASSOCIATES requesting a Special.
Permit to change existing 24-hour
drive-thru ATM Into a drive-thru
teller window for the property located
at 600 Loring Avenue B-2.Said hear-
ing will be held on Wednesday, Sep-
tember 15, 2004, 6:30 p.m., 120
Washington Street, 3rd floor, Room
313.
Nina Cohen,Chairman
(9/4,8)
i
CITY OF SALEM, MASSACHUSETT_
Is
C�CLLERK'S OF-CEA
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ZOOS AUG 26 A 8� 44
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF SUSAN KOCUR REQUESTING Q G A VARIANCE
FOR THE PROPERTY LOCATED AT 6-8 LOONEY AVENUE R-1
A hearing on this petition was held on August 17, 2005 with the following Board
Members present; Edward Moriarty,Nicholas Helides,Nina Cohen and Robin Stein.
Notice of the
hearing was sent to abutters and others and notices of the hearing were
published in the
properly P Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner is requesting Variances from lot size, minimum lot area per dwelling&lot
width to construct a single family dwelling for the property located at 6-8 Looney
Avenue in an R-I zone.
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 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 appeared and presented a petition and a request for relief, a scaled site
plan signed by a registered architect, and 3 sheets of signatures by neighbors in
support of the proposal.
2. Petitioner's Attorney Scott Grover, Esq., stated that Ms. Kocur and her family had
lived many years in the neighborhood, that the majority of lots in the area were
compatible in size with the lot at 8 Looney Ave, and an additional single family
home would contribute to the neighborhood by allow a new family to come to live
there.
J
DECISION OF THE PETITION OF SUSAN KOCUR REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6-8 LOONEY AVENUE R-1
page two
3. Ms. Kocur's requested was supported by Ward 4 City Councillor Leonard
O'Leary, by and abutter,Michael Ward of 66 Proctor St., and by the 38 neighbors
who signed her petition.
4. Ms. Dorothy Flynn,an abutter, said that a low stone wall between petitioner's
property and her own was falling down, and she requested that the stone wall be
rebuilt prior to any construction on the lot at 8 Looney Ave. She also stated that
the small lot could support only a small house, and she requested that limits be
place upon the height of any structure to be built on the lot at 8 Looney Ave.
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 4 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 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. Petitioner shall obtain a Certificate of Occupancy.
6. That any structure to be built shall not exceed two stories in height.
7. The Petitioner shall build a two-foot stone wall on the perimeter line between her
home and Mrs. Flynn's at 10 Looney Ave. for the entire length of the lot line
between the two propertied prior to conveying the property to a developer.
I
DECISION OF THE PETITION OF SUSAN KOCUR REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 6-8 LOONEY AVENUE R-1
page three
VARIANCE GRANTED �� n
AUGUST 17, 2005
Nina Cohen, Chairman CSC�h
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 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
CITY OF SALEM, MASSACHUSETTIl ` �F QAIEM MA
BOARD OF APPEAL CLtRK S OP7 c
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY MR
. IJSOVICZ, JR. TELEPHONE:
NES 78-74 -9595 1004 OCi 25 ,4 II: ub
DECISION OF THE PETITION OF DAN MADRU-MARGULIES & ASSOCIATES
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 600 LORING
AVENUE B-2
A hearing on this petition was held October 20, 2004 meeting with the following Board
Members were present: Nina Cohen Chairman, Stephen Harris, Bonnie Belair, Edward
Moriarty and Richard Dionne. 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.
At the request of the Petitioner, the Salem Board of Appeal voted 5-0, to grant leave to
withdraw this petition without prejudice requesting a Special Permit to change existing
ATM drive-thru into a drive-thru teller window for the property located at 600 Loring
Avenue located in an B-2 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
October 20, 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
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I I
Looney Avenue L
,
H.H. Morant & Co., Inc.
Architects
1 P.O. Box 4485
Salem, Massachusetts 61970-4485
I �
(978) 744-5354
r (978) 740-9161 fax
' consultants:
1
� I ,
I Job Number.
I
Imo'-rd" I hhm O5045
I Date:
61 I May 26, 2005
IN I I No. Date Revision Dr.
I I I
, I I
� I ,
I _
+1 I 1
I fl
I I
Ira''6"t Project:
Looney Avenue
m w Residence
j Loone Avenue
, y
Salem Massachusetts
• W o�
No 5294 m i
Zonln Inform 1----- -- __--- -- M
R1 Zone atlon
e Rec�ulred Actual �
Lot I,141r/ea 1/5J�,/rn000 sf 4,450 5f �It� F
' Lot Width 15C/S(�I-oil II-011
Lot Coverage 30510 Sc/ 1a.21r,
Front Yard Depth 15'-oil 171-01+
51de Yard Depth 10'-0"
101-/7111 (L)
Rear Yard Depth 301-011 3G/�1S-L/311
Building Height (Feet) 351 321-011
Building klelght (Stories) 2 1/2 2 1/2 Seale:
1/Sr - 11-011
Site Plan Based on a Sub-Divlslon Plan of Michael Looney Drawing Number
by Thomas Appleton dated May 1931
(ESRD Book 2884, Page 524 project North
— - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C
Site Plan, 1/V" 7- 1'-0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
"
hhm 05-048 C4/05)