1 OUTLOOK AVENUE - ZBA �'0 C
I OUTLOOK AVENUE R-1
IfU
JOHN G. JERMYN
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Ctv of _'-5ttlem, 'Tussndjusetts
Paura of �u Val
Nae 5 3 31 PN 97
CITY or SALEM. MASS
DECISION OF THE PETITION OF JOHN JERMYN REQUESTING A VARIAMMRFOR OUHBCE
PROPERTY LOCATED AT 1 OUTLOOK AVENUE (R-1)
A hearing on this petition was held February 19, 1997 with the following
Board members present: Gary Barrett; Chairman, Nina Cohen, Joseph Ywuc,
Albert Hill and Arthur LeBrecque. 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, requests a Variance from front yard setback to allow expansion
of the property to construct a 2nd floor addition for the property located
at 1 Outlook Avenue. This property is located in a R-1 zone.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. There was no opposition to the plan presented.
2. The proposed 2nd floor addition will have a negligible effect on the
neighborhood, and will not produce a further encroachment on the
existing non-conforming front setback which had been previously granted
by the Board in 1985.
3. The proposed covered porch will allow petitioner better utilization
of the sideyard which is now limited due to the slope of the terrain.
4. The proposed covered porch will have a negligible effect on the
neighborhood, and only minimally encroaches on the existing side
setback.
5. The petitioner's property is well-maintained.
6. The petitioner's family is growing, and additional living space is
necessary in the residence.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
DECISION OF JOHN JERMYN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT
1 OUTLOOK AVENUE R-1
page two
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans submitted and approved
by the Building Inspector.
3. Petitioner shall obtain a building permit prior to beginning any
construction.
4. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
5. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
6. A Certificate of Occupancy shall be obtained.
7. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted
February 19, 1997 . %✓� � _
Gary Barrett, Chairman
Board of Appeal
L
DECISION OF T92 PETITION OF JOHN JERMYN REQUESTING A VARIANCE FOR
PROPERTY LOCATED AT 1 OUTLOOK AVENUE R-1
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
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
DATE OF HEARING
PETITIONER
LOCATION
MOTION: TO GRANT SECOND AMENDIENT SECOND
TO DENY SECOND
I
TO RE-HEAR SECOND
I
WITHDRAW SECOND
CONTINUE SECOND
I
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTIN
GARY M. BARRETT
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEN
RICHARD DIONNE
ASSOCIATE EEMBERS
ARTHUR LEBRECQUE
PAUL VALASKATGIS
CONDITIONS: `
,
C>/--
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APPEAL CASE NO. . . . . . . . . . . . . .
'EIIIIrb Q{ :1IT�JP211
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certa'n parcel of land
Located at:..I QuTIr:O��� ..'.LVI.r--...Street; Zoning District. .
and said parcel is affected by Section(s)............ . .... ... .. of the Massachusetts
State Building Code..
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
m 2nd floor office addition N '
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Covered porch extending along front of main portion of house
w ,. X =�
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
Proposed 2nd floor addition would be non-conforming to frontal setback requirements.
Proposed covered porch is non-conforming to side setback requirements
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to.
approve the application fee permit to build as filed, as the enforcement of said
Zoning By—laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow—
ing reasons:
Proposed 2nd floor addition would not produce further encroachment on the frontal setback requirement other than
that that has already been granted by the appeals board through their previous favorable decision for 1st floor
addition on April 30, 1985.
Proposed covered porch would have a negligible affect on neighborhood,and would improve utilization of front
yard area which is now limited due to slope of terrain
Owner.�U.Nc10^tC�. US� VQ�.,t l',rrnnl
Address.
Telephone.. .l.y./. .S7 S /.... ............
Petitioner.. . .5P.
Address... ........ .... ...................
Date....... Telepho
By... .... ....
Three copies of the application must be filed with the Secretary of th o d of A
with a check, for advertising in the amount of ;...the Appeal
t� ..... . four weeks prior to the
Appeal, Check payaLIe to the Salem Event New&.
N0. . . . . . . . . . . . . . . . . . .
PFTITION TO BOARD OF APPEALS
LOCATION
Petitipner. . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
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. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date: . . . I9.
CARTER & TOWERS ENGINEERING CORP.
Joseph O Carter '
oro/ess,ona7 Eng,nev 6 FAIRVIEW AVENUE
Reg,srered rano Surveyor SWAMPSCOTT, MASS. 01907
Tel 592.8386
V)o 250
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I hereby certify that I have examinrA
the premises and all easements,
encroachments and buildings are
located on the ground as shown.
ntrt4er certify that the buildings show
Mo2Ty��� duo.'je-y l 1,IJr tea t,7 the. 20ning laws of
PLOT PLA„ S.+t�n', when constructec
Lor 4a 7 qui-t„pok AvPa. I further certify that this property
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