1 SHORE AVENUE - ZBA 1 MORE AVENUE R-1
LORRAINE ALLISON
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DECISION OF THE PETITION OF LORRAINE ALLISON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 1 SHORE AVENUE R-1
A hearing on this petition was held September 2000, 2000 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen
Notice of the hearing was sent to abutters and others and
is. No c
Harris and Paul Valaskag 9
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 from side setback to rebuild existing deck and
install screen room for the property located at 1 Shore Avenue R-1.
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. Lorraine Allison is the owner of the property located at 1 Shore Avenue. The petition
was filed and presented by Mr. Frank Evans of Frank Evans Company Inc. a
contractor representing Lorraine Allison.
2. The subject property is located in an R-1 District.
3. The petitioner requests a variance from the rear setback requirements. The existing
15' x 7' deck is 2"from the property line. The homeowner wishes to rebuild the
existing deck to the exact same dimensions as exists. The homeowner wises to add
and 11 x 7 screen room on a portion of the deck. No additional square footage will
be added.
4. Mr. Evans agreed to enclose the bottom portion of the deck so as to prevent animal
access.
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DECISION OF THE PETITION OF LORRIAN ALLISON REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 1 SHORE AVENUE R-1
page two
5. No opposition to the requested variance was presented. v
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 stature ordinances, codes and codes
regulations.
2. All construction shall be done as per the plans and dimensions 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 fire safety shall
be strictly adhered to.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
7. The petitioner shall enclose the bottom portion of the deck to prevent animal access.
Variance Granted
September 20, 2000 Stephen Member
Board of Appeals
i
DECISION OF THE PETITION OF LORRIAN ALLISON REQUESTING A VARIANCE .N
FOR THE PROPERTY 1 SHORE AVENUE R-1
page three 11
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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.
DATE OF HEARING _
PETITIONER
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
-TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN C/
Stephen Harrtn
-nacker--
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCIATE MEMBERS /
PAUL VALASKATGIS 4/
CONDITIONS:
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CSALEM, ft CITY OF SALEM, MASSACHUSETTS
C3 [,;,`t'S OFFICE �EONUfT
BOARD OF APPEAL
Z000 AUG 28 P !: 55 o
TO THE BOARD OF APPEAL: 4
The Undersigned represent that they are the owner(s) of a certain parcel of)Pqc�located at:
I Sharp A zen„p Street; Zoning District 1P
J and said parcel is affected by Section(s) of the Massachusetts State Building Code.
A
Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX
A.1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following reason(s):
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 following reasons:
Petitioner seeks relief from the rear setback reouirement of 30 ft. As per
the attached plot plan the existing deck is 2 ft. from the rear lot line. The
deck is rotted and in need of replacement. The homeowner wishes to rebuild t=e
existing deck to the exact same dimensions as the existing deck , (15 ' x 71 ) .
On a portion of the deck (11 ' x 71 ) as shown as shaded in the plot plan the
homeowner wishes to install a screen room. No additional square footage will
be added. A Variance is required .
(PLEASE PRINT)
Owner: Lorraine Allison Petitioner: Frank Evans Company, Inc. 1`
Address: 1 Shore Avenue Address: 94 Reservoir Park Drive, Rockland.W
Tel. No. (978) 744-8301 Tel.No. (617) 590-2806
B
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(Signature)
Date: August 26, 2000
This original application must be filed with the City Clerk. A certified copy of this petition will be returned to
petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of Appeal , four
weeks prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of
$ made payable to the"Salem Evening News".
A TRUE COPY 8 Z �n
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CITY CLERK
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DEALER DELIVER/ INSTALL ORDER#/NAME
rnfg, CA' FRANK EVANS DELIVER N/A
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Customer Signature 115D/l) Date — -QU Technician Signature
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