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21 SUMMIT AVENUE - ZBA 0 n ;r Jab y (l it of Salem �Httssacllusetts 5 C F!Li, r r Pnttra of �u}Tettl -ATY DECISION ON THE PETITION OF SARA P. FIORE FOR A VARIANCE AT 21 SUMMIT AVE. (R-2) A hearing on this petition was held on January 17, 1990 with the following Board Members present: James Fleming, Chairman, Richard Bencal, Vice Chairman, Messrs. Richard Febonio, Edward Luzinski and Peter Dore. 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, representing themselves, are requesting a variance from use, density and parking to allow three family dwelling at 21 Summit Ave. (R-2) The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which expecially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise, to the petitioner; 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 or the purpose of the Ordinance. The Board of Appeal, after consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. No opposition was present. 2. A letter from Counselor David Gaudreault spoke in favor of . 3. Neighbors spoke in favor of. 4. The structure would enhance the property and quality of life for the said petitioner. On the basis of the above findings of fact, and on the evidence presented at the hearing the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district generally; 2. Literal enforcement of the Ordinance would work a substantial hardship on the petitioner; l DECISION ON THE PETITION OF SARA P. FIORE FOR A VARIANCE AT 21 SUMMIT AVE. (R-2) page two 3. The relief requested 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 unanimously, 5-0 to grant the relief requested, subject to the following conditions: 1. All construction must be done as plans submitted and by City and State Building Codes. 2. All requirements of the Salem Fire Department relative to smoke and fire safety be adhered to. 3. Certificate of occupancy be obtained. VARIANCE GRANTED Richard T. Febonio, Board Member A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Aprent from this decision, if any, shrill be made pursuant to section 17 of, the t<1nss. General Laws. Chapter u0". and sl ill be filed within 20 days alter t1:'_ ci.:?e of film,,, of this �e-,:;ion :n :Ire o;I, of the City Clark. the Variance or =1 Pe unit plan r 1 ^ ^"� - t. ! ^ tf [ until o copy of the ec:s on, L. nn( r'. o ^ r 1:' •i" . '.;I ty.0 sik Crit 20 days have c eInpseJ or io 1r.c.1 h . : : if such appeal has been filed, that it I1.e^n c. .: ... . i ... is recorded in the South Esse% Registry of Dred, and index^_d cn:'I the n::'no or the owner of record 0& is recorded and noted on the o'.+ner's Certificate of Title. BOARD OF APPEAL' We the undersigned abutters and neighbors have no objections to the Fiore property , located at 21 Summit Avenue , being used as_ a three family dwelling. / (t R OZ 3 _56ffW j c l fqke, L LLQ wJ I jo- N La 'O-e:?� C" 16 D Ctg of '*tt1em, �Ragsar4usetts (Office of the @Iitg Council a 51 . IAa @Iitgttll WARD COUNCILLORS MARK E. BLAIR 1990 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1990 JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK VINCENT J.FURFARO GEORGE P.McCABE LEONARD F.O'LEARV JOHN R.NUTTING DAVID B.GAUDREAULT RICHARD E.SWINIUCH SARAH M.HAYES MARK E.BLAIR January 17 , 1990 Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr. Chairman & Members of the Board: I am writing in reference to the petition of Sara P. Fiore for a variance from us_e., density and parking to allow at three-family dwelling at` 21'Suu it Avenue. X I wish to be recorded in favor of this petition, as I do not feel this change would be detrimental to the neighborhood, since this type of dwelling is very common in the area. V y trulllyyjyou_rs ,/ o '�/ DAVID B. GAUDREAULT COUNCILLOR WARD FIVE DBG/deb Titg of 'Sttlem, �ffittssar4usetts (®ffice of toe (litg (I0unril tg �e3p9 @Iitq pull dR" WARD COUNCILLORS MARK E. BLAIR 1990 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1990 JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK - VINCENT J.FURFARO GEORGE P.MCCABE LEONARD F.O'LEARY JOHN R.NUTTING DAVID B.GAUDREAULT RICHARD E.SWINIUCH SARAH M.HAVES MARK E.BLAIR January 17, 1990 Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr. Chairman & Members of the Board: I am writing in reference to the petition of Sara P. Fiore for a variance from use, density and parking to allow at three-family dwelling at 21 Summit Avenue. I wish .to be recorded in favor of this petition, as I do not feel this change would be detrimental to the neighborhood, since this type of dwelling is very common in the area. V y truly yours , DAVID B. GAUDREAULT COUNCILLOR WARD FIVE DBG/deb `S� , Exsn NG I. I� FNS, F--y B.5 1 -xis -/,)c Sro"c �-OILGH 3'* Ex 15 7-1,AJ G ,2 7-0rLy L(JOOb l 72 L G. i ^ Extsz'i Nr, `fJortC H 1- �R rLT I o i 13 So ' -:P. H, FNb v E, ry u C PLAN OF LAND ATLANTIC ENGINEERING & I N SURVEY CONSULTANTS INC. OF Mgss ONE EAST MAIN STREET oct,� 4 GEORGETOWN, MASS. HN B. sem, `o PAULSON H JOB NO: 89 0 g - /3 DATE. /0 //0/89 SCALE 1 "= /0 ' No. 31725 RECISTER��O� ON THE BASIS OF MY KNOWLEDGE, lyNo SUa�� THE SETBACK DISTANCES SHOWN INFORMATION AND BELIEF, I CERTIFY HEREON ARE TO INDICATE THE. LOCATIONS OF THAT THE INDICATED STRUCTURES PROPOSED AND/OR EXISTING STRUCTURES AND ARE LOCATED AS SHOWN, AND THAT ARE NOT INTENDED FOR USE BY THE CLIENT THE SETBACK DISTANCES SHOWN OR THEIR ASSIGNS FOR THE PURPOSE OF �'— ESTABLISHING LINES FOR FENCES, SHRUBS HEREON WERE THOSE RECORDED AT ETC... THE SITE. S � Q - -�'�ha -�-- 2. 3. �►d Go��-t^d.U{or s�-ra�!l ��•Lf _vs�+"�� (I d I rn�t s loa-t s � � � --��- iP'lOt" -1'O vrOGe ;,rtao wt41 ,I%ke, vor 4 S t1 �} -fes coin-�' as sa-�si l t�I fP4 4e, �Crc.� I+a��' oi�:a+-►� -- � eT� Goa-t.�I�-Iot-I-s -�'haf va+-u s 4--twe I o v �. '��I'Ie GOrs-E't'2v�v;' S.�•�I foG"G� i�t^6 -{�}� Qtr' I-FGG�S ��rov�l 04'1 Gif'► L� '�i!"t� SV�S'f��'t1 Iol'�S O}" G�'iJK'gd4 j S ` - :� I1d.-WM fa,"I&%, b �uu--CII w i+-v}o�✓ � ��-' U!'t I , S �� G aro+ w I-�-rt �, KEG e;w1'1Gr- i V � v rnmi � ven Li fi MN � . 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