60 MOFFATT ROAD - ZBA (2) 60 MOFFATT ROAD
DOREEN NELSON I
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Legal Notice,
CITY OF SALEM
BOARD OF APPEAL
j-745-9505,Ext.381
Will hold a public,hearing for all;'
persons interestedin the petition k61
I'miltedby DOREEN NEf SON request.
ing a Variance front side R tear set-
backs to allow for anew addition for
the property located at 60 MOPFA77'
c. .ROAD(R-1).
.Said hearing to be,held WEDNES-. ..`
i, DAY, JUNE 17, 1998 AT 6:30 P.M., 6
ZONE SALEM GREEN,'2nd floor.:!,'
�. Nina Cohen,Chai4nian
ofttlpm, ttssttcljusPtts
.> �RDttra of �u{�eui .lar 18 9 31 4M 15
CITY 01' SALCM. MAS;
DECISION ON THE PETITION OF DOREEN NELSON G A SP.,CIAREQrrcSTTN c T CLI RK,S OFFICE
,,.. .., .,
PERMIT FOR THE PROPERTY LOCATED AT 60 MOFFATT ROAD R-I
A hearing o.. this petition was held July 15, 1998 with the following
Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul
Valaskagis, Michael Ward and Ronald Harrison. 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 GOA.
Petitioner was requesting a Variance from side & rear setbacks to
allow for new addition and withdrew without prejudice and asked for a
Special Permit for a 17 x 17 addition for the property located at 60
Moffatt Road.
The provision
of the Salem Zoning Ordinance whi^h _ applicable to
th;s rcquest5 -3, ;
for a Special Permit is Section ' J which idc
Frp..
as .. s
Piotwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
onditions set forth in Sections 8-6 and 9-4 grant Special Permits
for alterations and reconstruction, of nonconforming structures, and
for changes, enlargement, extension or 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.
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 . This petition was a continuation from June 17, 1998.
2. There were letters submitted from Dr. Buckley & Richard Goodenough
M.D. , that Dr. Buckley & Richard D. Goodenough M.D . that Albert
Gallant was ill and would need assistance .
3 . Doreen Nelson being the daughter was going to move in to 60
Moffatt Road and the addition would be for her parents.
4 . The proposed addition was 23x 23 needing a variance from side &
rear setbacks.
DECISION OF THE PETITION OF DOREEN NELSON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 60 MOFFATT ROAD R-1
page two
5 . Opposition was made from a number of neighbors. There co ce�s `,,
varied from parking to lot coverage as well as a possiblj&ader 9 U N11 98
drainage problem.
CITY 01' SALEM, MASS
6 . A continuation of the petition was requested to re-evaluat&Lfox'S OFFICE.
petitioners request and consult further with neighbors.
7. The petition was revisited on July 15, 1998 meeting of the Board
of Appeals.
8 . Doreen Nelson presented a new.drawing reducing the addition to 17
x 17, no windows or doors. The shed and screen house in the yard
would be removed, therefore providing additional parking off the
street. With the reduction of the size of the addition, no
variance for setbacks would not be necessary.
9. The drainage issued was addressed also. The builder of the
addition Robert Malia, spoke to answer all those questions about
the parking, drainage & any other questions that came up.
10 . The Delorfano's seemed to still have a problem with the drainage,
scenery and possible devaluation of the property with this
addition.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows :
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2 . The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit 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.
3 . All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
Petitioner shall obtain building permit prior to beginning any
construction.
DECISION OF THE PETITION OF DOREEN NELSON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 60 MOFFATT ROAD R-S
page three
5. A Certificate of Occupancy is to be obtained.
6. Exterior finished of the new construction shall be in harmony with
the existing structure.
SPECIAL PERMIT GRANTED
July 15, 1998
Cscy�s
Paul Valaskagis , Member
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 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 or 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 N
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Doreen Nelson is proposing an in-law a14 itmcftt:at E?Moffatt Rd. r—
The Three or 2.5 family will result in an increaso:'qKaffic& parking on an already
dense neighborhood. This addition will make the existing, non-conforming 2 family
even more non-conforming. The neighborhood is zoned for single families only.
We¢he utVdersjgned are opposed to
this increased density and request the
Board of Appeal to deny this project.
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7/�A' ��l � .�, r� ��".i l(f�"FR7('� M� A'��..�7N7�'/'�/-', 0(1 ` /`-r "�..
May 7, 1998
At the request of the Plaintiff, Doreen A. Nelson, I am confirming in writing that we are in whole-
hearted agreement to the proposed addition to 60 Moffatt Road.
We have lived at 58 Moffatt Road for over 30 years and my sister and brother in-law have
occupied the adjoining condo at 60 Moffatt Road.
We feel it would be in the best interest of all of us for Doreen and her family to move here to care
for her parents as well as help us with the property/upkeep and our own health issues. Our son
lives in So. Berwick, Me., and is not as easily accessible as Doreen would be.
Thank you for your consideration of this variance.
Sincerely,
VarlColwell
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Olive T. Colwell
April 10, 1998
There is an addition being planned at 60 Moffatt Road, Salem, Ma.. This addition will be 21' in
width and 23' in length. It will consist of a bedroom/living area/galley kitchen/full bath and
entry hall.
I am aware and have seen the construction plans for this addition and do not oppose these
plan prosposals.
MAY 01 198 09:26 HUCKLEY & GOODENOUGH(5087455065) P.2
FREDERICK. O. BUCKLEY. JR., M. INC.
VASCULAR AND GIINERAL SURGERY
FREDZRICK O. MUCKLEY, JR., M.D., F.A.C.S.
RICHARD D,. GOODENOUGH. M,D., F,A,C.835. 6gLfiM, HIGHLAP40 AVENUE
TIMOTHY R. SIEOEL, M.D. TELEPHONE 1676)764-1465
PAR (675)745.506E
April 29, 1998
RE: ALBERT GALLANT
_DOB: 12/27/25
To Whom It May Concern:
Mr. Gallant has longstanding peripheral vascular disease which limits his
ability to walk any significant distance. In addition he has cardiac disease and
an abdominal aortic aneurysm. This constellation of diseases prevents him from
climbing stairs well or safely.
Sincerely,
Richard D. Goodenough, M.D.
RDG/bed
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