1 ROSEDALE AVENUE - ZBA 1 Rosedale Ave. R-1
Alice L. Johnson
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#ITT CLERK. SALEM. M48S.
DECISION_ON_THE_PETITION_OF_ALICE_L__JOHNSON_FOR
VARIANCES_AS_TO_PROPERTY_AT_1_ROSEDALE_AVENUE
On October 12, 1980, the matter of the above referenced Petition
came to be called before the Board of Appeals of the City of
Salem, Massachusetts_ Present at this Meeting were Mr_ James M_
Fleming, Esq_ , Chairman of the Board, and Messrs_ Richard A.
Bencal , Peter Strout, Arthur LaBrecque, John Nutting_ Notice of
this Hearing was sent to abuttors and others and Notice of the
Hearing was properly published in the Salem Evening News in
accordance with Massachusetts General Laws, Chapter 40A_
Chairman Fleming called the matter on for hearing, at which time,
Richard 0_ Johnson, husband of the Petitioner , being a practicing
Attorney intending to represent the Petitioner in the
presentation of her Petition , called the Board's attention to the
fact that, through inadvertance, a Variance for the installation
of a cellar bulkhead entrance had been erroneously omitted from
the language of the opening paragraph of the Petition, although
the installation of a bulkhead was clearly shown on the plan
attached to the Petition , which had been filed with Board, and
requested that the language of the Pettion be amended to include
the cellar bulkhead in the paragraph requesting the needed
Variances_ After a discussion and consideration of this matter
the Board Members unanimouslly agreed that such an amendment
would be lawful and proper , under- all circumstanes, having due
regard to the location and size of the bulkhead, in relation to
the size and location of other structures requiring a Variance,
as well as the matter of Notice to all interested parties and
Abuttors by mail and publication , and the Board allowed the
Amendment by inserting the words '.c:ellar bulkhead" in the text of
the opening paragraph of the Petition at the third line from the
bottom thereof to read "deck, cellar bulkhead, second story
dormer addition" , et cetera , and as otherwise set forth_
Chairman Fleming then proceeded with the Hearing, in the
customary course of the Board's agenda , calling on the Secretary
Nutting to Proceed with the reading of the Petiton and
correspondence_
In substance, the Petition, as amended, requested Variances from
the application of the present. Zoning Ordinance to permit certain
renovations and additions to the dwelling house and garage at 1
Rosedale Avenue for construction of a Sunroom, deck, cellar
bulkhead entrance, second story dormer and the additon of one
gavage stall to the existing garage_
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,
The Variances being requested may be granted upon the finding by
the Board that:
a. Special conditions and circumstances exist, which
especially affect the land, building, or structure,
involved, which generally do not affect other lands,
buildings and structures in the same district.;
b. Literal enforcement of the provisions of the Zoning
Ordinance would impose substantial hardship on the
Petitioner , financial or otherwise;
C . Desireable relief may be granted, without substantial
detriment to the public good and without nullifying, or
substantially derogating from the intent of the
Ordinance for the subject Zoning District, or the
purposes of the Ordinance generally ;
The Board of Appeal , after- careful consideration of the evidence
presented at the Hearing, after viewing various plans, made the
following findings of fact:
1 . There was no opposition to the Petition by anybody ,
either in person at the Hear-ing, or by way of verbal and
written communication;
2_ Mr . Nutting, Clerk of the Board, read and entered into
the record a letter received from Mr _ Frederick J_
Harney , Jr _ , the abuttor to the rear of the Petitioner 's
Property , being the person most seriously affected by
the granting of the requested Variances, being in favor
of granting of the Variances in question and asking the
Board to allow them;
3_ The Petitoner was recorded in favor of allowance of her
Petition , as well as Richard O_ Johnson , aforementioned:
U . Mr _ Raymond L _ Muse. Jr _ , another immediate abuttor ,
appeared at the Hearing to speak in favor of the
allowance of the Petition;
5_ The location of the Sunroorr , deck, bulkhead, dormer- and
garage addition , for which Variances are requested are
in the best and only location on the lot from an
aesthetic , financial and Practical viewpoint, and,
therefore, to deny the requested Variances would cause
the Pet.itoner an undue hardship with respect to the use
of her land;
E. The closest structure on any abutting property would be
in excess of twenty (20) feet away from the construction
of, or change to, any structure for which Variances are
requested_
On the basis of the above evidence presented and findings of fact
made by the Board, the Board concluded, as follows;
1 . Special conditions exist which affect the subject
property , but not the district generally;
Page 2 of 3 pages_
I • �
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2. Literal enforcement of the Zoning Ordinance would cause
substantial hardship to the Petitioner , and
3_ The relief requested could be granted, without
substantial detriment to the public good and without
nullifying, or substantially derogating from, the intent
of the Zoning Ordinance for the subject District, or the
Purposed of the Ordinance generally_
WHEREFORE_
The Zoning Board of Appeals voted unanimously , 5 to O in favor ,
to grant the requested Variances, subject to the following
conditions:
1 . That the Petitioner comply with all requuirements of the
Salem Fire Department relative to Fire Safety Codes,
including installation of approved smoke and fire
detectors for the dwelling;
2_ Construction of additions, or alterations to the house
and garage, shall be in accordannce with Massachusetts
and City of Salem Building Codes:
�3_ Construction of additions, or alterations to the house
and garage, shall be in accordance with the dimensions
and measurements set forth in Plan attached to the
Petition, as submitted to the Board of Appeals, and all
exterior finishes shall be in harmony with the existing_
buildings;
4 _ Construction shall not commence, until proper and
neccessar.y Building and Occupancy Permits are issued by
the Builing Inspector of the City of Salem_
VARIANCES GRANTED_
FOR THE BOARD OF APPEALS
OF THE CITY OF SALEM
PETER STROUT
Member of the Board of Appeals,
Hereunto duly authorized_
Page �3 of 3 Pages
APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL NOT TARE EFFECT UNTIL A COPY OF THEOfCISION. BEARING THE CERT
FILATION OF THE CrY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR 1HAT, IF SUCH AN APPEAL HAS BEEN FILE. 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
MORTGAGE INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST., BEVERLY, MA.
LOCATION : S�4L !rl M SS- NOTES :
SCALE : I = Zo FT DATE : • This is a Mortgage inspection survey and not
4 _i g �-
REFERENCE ..Fj L an instrument survey,therefore this plot plan is for
mortgage inspection
?- -_ IS—: purposes only.
1 ` ....... • This survey is based on survey marks E� of
-------_ ....
nn _ others.
To 1��4� iI! _�Of{!ep _QF j�%Cf1 !��._____-_ •
Bushes,shrubs fences and tree lines do
I hereby certify that I have examined the premises and that the not necessarily indicate property lines.
building(s) shown on this plan are located on the ground as • The building(s) are not located-in the special
shown and that they conformed to the zoning setbacks of the flood hazard zone, as defined by H.U.D.
G1-LS�/_QF_SI ( /rL--._--__- when constructed.
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OCT 12 00
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October 11. 1988_
Mr_ James M_ Flemming, Chairman
Board of Appeals
City of Salem, Massachuetts
One Salem Green,
Salem, Ma_ 01970
Re: Hearing on Petition of Alice L_ Johnson
for Variances from the Zoning Ordinance,
as. to property at 1 Rosedale Avenue_
Dear Mr_ Flemming:
With regard to the captioned matter, since my wife and I are
unable to attend the hearing, I am writing to inform you that our
home abbuts the rear of the the Petitioner's land, and,
therefore, would be the most seriously affected by the granting
of the requested Variances_ We have had an opportunity to review
and consider detailed plans of the nature and extent of the
requested Variances, as well as plans for the renovation of the
Petitioner 's dwelliing, and ask that the Board of Appeals be
advised that we favor the granting of the requested Variances and
ask that we be recorded in favor of such action by the Board of
Appeals_
Yours very truly,
F erderick J H rney, Jr_
474 Lafaye e St_ ,
Salem, Ma_
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Joseph F. Sullivan zdrm, Ong 01970
Chief
City of Salem Re: 1 Rosedale Avenue
Board of Appeal Alice L. Johnson
One Salem Green Hearing date: October 12, 1988
The property located at 01 Rosedale Avenue has no current compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of Variances to
allow construction of a sunroom, deck, dormer, and an additional garage
stall tt this location subject to the following conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws relative to
fire safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
Signed,
l7
' i'
Robert W. Turner,
Fire Marshal