11 SCENIC WAY - ZBA 11 SCENIC WAY R-1
- - - -- - JESSIE TREMBLAY
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j9oarb of ftpeal CLERKS OFFICE
1000 OCT 25 P 3: OS
DECISION OF THE PETITION OF JESSE TREMBLAY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 11 SCENIC WAY EXTENSION (LOT 4)
A hearing on this petition was held October 18, 2000 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
Paul Valaskagis. 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 for side yard setback to construct a single family
dwelling for the property located at 11 Scenic Way Extension.
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 is the owner of a nonconforming residential lot in an area on Scenic
Way Extension that is currently being developed into four single family homes.
Petitioner seeks a variance to allow him to build his home within five feet of the
property line on the right side of the home, which is the side that abuts a paper road
known as Outlook Avenue.
2. Petitioner presented a survey plan drawn by Christopher R. Mello, of Eastern Land
Survey Assoc, Inc. in Peabody showing a proposed site for the house he and Mrs.
Tremblay plan to build on their lot. Initially, the petitioner's proposed site as shown
on the assessor's map overlapped an existing easement on the left side of the
property, but a subsequent survey plan, dated October 11, 2000, corrects that error.
In the October 11 plan, the proposed home meets setback requirements on the left
side but requires a variance of 5 feet on the right side.
N OF
DECISION
E PROPERTY LOCOJESSE
ATED AT11 SCEN CBWAY EXLAY OTENSION (LOT )UESTING A IR
NCE
FOR THE -1
pagetwo
3. Because the proposed siting would require less blasting than siting the home further
back on the property, the variance requested was supported by Mr. Leonard
O'Leary, Ward Councillor for Ward 4. Petitioner also had the support of the following
neighbors: Maureen Moroney, 6 Scenic Place, David Pierce, 4 Scenic Place and
William Bulyer, a neighbor.
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 statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
Variance Granted
October 18, 2000 C � ��-�_
Nina Cohen, Chairman o rno
Board of Appeals Cl) : n
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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
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 c�
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To The Abutters of 11 Scenic Way,
My name is Jesse Tremblay and I am building a new home on 11 Scenic Way.
I will be attending a Board of Appeals meeting on Wednesday September 20, 2000 at
6:30pm. I am asking the abutters to support my new site plan that show's 5' on each side
line of my house, not the required 10'.
By signing this document you will help my wife and I become your new neighbors.
Name: Name: /ft,•1-;11�•
Address: C[Sc� P/�� Sv/gin _ Address:
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Professional Land Surveyors Er Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
OSBORN PALMER 1911 - 1970
BRADFORD 8 WEED 1885 - 1972
PLOT PLAN OF LAND
LOCATED IN
S/10E MASS.
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VAIZIAILLr_ 2�c�UES;�D S�� l/�2/��;LE
I hereby certify to the SsJLE/I
Building Inspector that the pro-
ZONE: LOT AREA: /tC?&Cj LOT FRONTAGE: /Q�ri posed construc conforms
of
FRONT YARD: 8 i t
SIDE YARD: /J ' REAR YARD: 1i to the fNR.
SCALE: 90 o MEIN
DATE: STT 7 260,u , No
REFERENCE: BK PC Christopher R. 31317
104 LOWELL STREET
PEABODY, MASS. 01960
(978) 531-8121
FAX:(978) 531-5920