9 SUTTON AVENUE - ZBA p G
9 SUTTON AVENUE R-1
I
CITY OF SALEM9 MASSACHUSETTS CITY OF SALEXIIA
y BOARD OF APPEAL - tt epL3�V
I e' 120 WASHINGTON STREET, 3RD FLOOR �iLCn(��S tFFtCE
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 ,1003 NOV 2b A If.
STANLEY J. USOVICZ, JR. 2
MAYOR
DECISION OF THE PETITION OF NAREG & NANCY GRIGORIAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUE R-1
A hearing on this petition was held November 19, 2003 with the following Board
Members present: Nina Cohen, Stephen Harris, Nicholas Helides and Bonnie Belier.
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 from side and rear setbacks to allow construction
of an addition for the property located at 9 Sutton Avenue located in an R-1 zone.
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. Petitioners are homeowners seeking relief from rear and side setback
requirements to build a residential addition to their turn of the century home. This
Board rejected their initial building plans in February 2003 due to objections from
abutting homeowners. Following that decision petitioners revised their plan and
in September 2003 obtained permission to re-apply to this Board within the two-
year time frame on the grounds that specific and material changes were made to
the proposed project.
2. The proposed two-story addition to the Grigorian's home is designed in keeping
with the architectural style and period of the house. The roofline will be extended
to the rear of the house and on the first floor; a wraparound porch will extend to
within 6 feet of the rear property line. To the left of the front door, the proposed
new porch will extend to within 4 feet of the property line.
DECISION OF THE PETITION OF NAREG & NANCY GRIGORIAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUE R-1
page two
3. There was considerable discussion about the impact of the increased density
upon the surrounding properties. Many neighbors wrote in support of the
proposed addition, but abutter, Mike Townsend of 111 Columbus Avenue was
concerned that the proposed addition might close access to safety vehicles. He
also thought that the proximity to his garage raised issues regarding fire safety in
the Gregorian's home.
4. Abutters Arouth, Nuncio, Flickenstein and Ford had no objection to the petition,
Which was also supported by Annette Potay of 10 Sutton Avenue, Larry Spang
of 125 Columbus Avenue, Joseph & Annette Caruso of 16 Sutton Ave, Anne
O'Shea of 15 Winter Island Road and Lawrence Campbell of 14 Sutton Avenue.
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.
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 4-0 to grant the Variances requested,.
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, 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 plans submitted and approved by the Building
Commissioner.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing the
existing structure.
7. Project shall be completed within 12 months.
DECISION OF THE PETITION OF NAREG & NANCY GRIGORIAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUE R-1
page three
Variance Granted
November 19, 2003 � t
Nina Cohen
Board of Appeals ( C J
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
Rodney J.Ford *0 �� '�Q Q3
. 7 Sutton Ave.
Salem,MA 01970.5728
,DEAR
P 4 EASk G_�ve ,fZ E�
�AN_I-L-r A-—VER.1-AN_C-E
sE T_B_hcK o PRoPE�?_T_Y
ISE-.ts_A-�R_Ep r NF(c_�.Ba
_,4N_A.�_�P_PRFe��TE ffA v��f/G�1l�tit 7'!f_E�CE•
f{�s,Buis-���teG;N_E�T fiq_.%(Y P_RoP�R�y_•
L '.�i
.-.. � •� na - .__ _ _..
n -
.�
C..a.A y .. �. y6
Y �
...T� ,� et �_� ; �\'F.' _.�;� tic ,., .«.i _
.S t
`_...,r w.� 7\ '- :> � \ � .. .,�...: � �,.�`. as '. � j ,� �'-� a t.
1. _ -�-- _. __. . ..�
v.
t'.
a< <+ - S � }
mom. � .�+. h .4
_ -'i—
`� ?fit:r-�A.�: � ,� i ate. . 'k' ''� ^i. .?u. .�_�.�.
\v \' � l i - � \ ^a ice. Ca. \...
'�.�
t a -,�v�;
U �
t _
0
O
O .
7
i
\(
\� � �
�� a �O�
`��
� �
� �
�`
9 Sutton Ave.
November 13, 2003
Dear Neighbor,
As you may know, we have been pursuing approval from the City of Salem Zoning
Board of Appeals(ZBA)to build an addition on our home at 9 Sutton Ave. Last winter
the ZBA denied our first application for a variance. Since then, we have substantially
revised our plans. These revised plans have been approved by the Salem Planning Board
and must now go back before the ZBA for approval under a new application.
On Wednesday,November 19`h at 6:30 p.m. the ZBA will hold a public hearing to review
our application and vote on the question of allowing a variance. We need your support.
City of Salem Board of Appeal
120 Washington Street, P Floor
Salem, Ma 01970
Tel. (978) 745-9595
Fax(978) 740-9846
If you can attend the hearing on the 19'h we would greatly appreciate your voicing
support for the plan. If you cannot be there, a note in our mail slot indicating your
support would be very helpful.
We are confident that the plans for the addition enhance the neighborhood as well as our
comfort and enjoyment in this home.
If you have any questions or would like to review the plans please feel free to call or stop
by.
Sincerely,
The Grigorian Family
Nancy,Nareg, Russell&Eli
-2G0j
Q
6
-S
Ruth Campbell
18 Sutton Avenue
Salem, MA 01970
November 17, 2003
City of Salem Board of Appeals
120 Washington Street
Salem, MA 01970
RE: 9 Sutton Avenue
To Board of Appeals:
This letter will serve to voice my support for the proposed addition at 9 Sutton Avenue.
I have reviewed the plans and feel that they will enhance this property as well as the
neighborhood.
As a Salem Willows resident for over 30 years, I would be pleased to see this renovation
go forward.
Sinc rely,
uth Campbell
Patricia A. Gozemba
17 Sutton Avenue Salem, MA 01970 978.744.9141 pgozemba@aol.com
November 18, 2003
City of Salem
Board of Appeals
120 Washington Street
Third Floor
Salem, MA 01970
Dear Members of the Board of Appeals:
I write in full support of the revised plans proposed by Nancy and Nareg
Grigorian for the addition to their home at 9 Sutton Avenue. I have examined the
architect's rendering and have looked at the placement of the addition in relation to other
homes in the neighborhood and feel that the Grigorians' new addition will enhance our
neighborhood.
The Grigorians have consistently worked for the betterment of our neighborhood
and have proved to be very reliable and helpful neighbors who care about all aspects of
the close-knit community that we are a part of in the Willows.
I encourage the Board of Appeals to approve the Grigorians' request for a
variance so that they may begin construction in a timely manner.
Thank you for your consideration.
Sincerely,
Q0,.k%�
November 17, 2003
City of Salem Board of Appeal
120 Washington Street, 3`d floor
Salem MA 01970
Dear Zoning Board Representatives:
This is to indicate my support for the revised plans that Nareg and Nancy Grigorian of 9
Sutton Avenue have submitted for a planned addition to their home.
After reviewing their plans, I believe that the changes they wish to make are in keeping
with the character of the Salem Willows neighborhood and that the planned modifications
will benefit the rest of the community. My sister, Maria Nuncio, also a resident at 11 1/2
Sutton Avenue, wishes to add her name to the list of neighbors who support their plans.
Thank you for taking our views into consideration.
You may reach me at 617-351-5426(office) or at home, 978-744-2512, if you have any
questions.
Sincerely,
Ana Nuncio
Neighbor
November 19, 2003
To the Salem Zoning Board of Appeals:
We would like to take this opportunity to voice our support for the addition to the home
owned by our neighbors, Nancy and Nareg Grigorian, at 9 Sutton Avenue.
Upon reviewing the plans, we believe the addition would be an enhancement to their
home and to our neighborhood. We ask that you act favorably upon their request.
Sincerely,
Jeffrey Arouth & Cheryl Curley
10 Beach Avenue
Karen Kahn Phone:978.740.9844
17 Sutton Ave. Fax:978.825.9963
Salem, MA 01970 E-mail: kakahn®aol.com
18 November 2003
City of Salem Board of Appeal
120 Washington Street, 3rd floor
Salem, MA 01970
To the Salem Board of Appeal:
As a neighbor of the Grigorian family, I want to express my full support for their
plan to build an addition onto their home at 9 Sutton Ave. I have reviewed the
plans and believe that the addition is very well designed and deserves swift
approval. I hope the Zoning Board will grant the necessary variance.
Sincerely,
Karen Kahn
t
p
C.?tTy 0 r SAlm€IA5 M1 A S S A C 1-11U S Ef T"v: l;l?Y 01' SALEM MA
BOARD OF APPEAL - CLERK'S OFFICE
120 WASHINGTON STREET. 3RD FLOOR
SALEM, MA 01970 -
m_ � TEL. (978) 745-9595
sge�t
FAX (97e) 740-9846 1003 FEB 25 P 1.- 35
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF NAREG GRIGORIAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUER-2
A hearing on this petition was held on February 19, 2003, with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Joan Boudreau, Richard
Dionne and Nicholas Helides Notice of the hearing was sent to abutters and other 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 from side and rear setbacks to construct a 12 x
24 addition for the property located at 9 Sutton Avenue located in an R-2 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
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 careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1. Petitioner, owner of the property requests a variance from right side and rear
setback to construct a two story 12 x 24 addition. The rear setback would be
7" and the side setback would be 4".
2. Mr. Grigorian presented his petition with his architect present to assist with
Details. The addition would be built to complement and match the existing
structure.
3. Mike Townsend, 111 Columbus Avenue is an abutter to the rear of 9 Sutton
Avenue objected to the addition for the following reasons; addition to close to his
property line and the addition would take his view of the skyline away.
4. Dianne Burns an abutter to the petition feels the addition would impede views
from her property
5. Letters were sent in favor of the petition were from an abutter at 11 Sutton Ave.,
117 Columbus Ave, and the abutter at 14 Sutton Ave.
DECISION ON THE NAREG GRIGORIAN REQUESTING A VARIANCE FOR THE
PROPERTY LOCATED A 9 SUTTON AVENUE R-2
page two
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 do not exist which especially affect the.subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 3 in favor and 2 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
FEBRUARY 19, 2003
Pt SC
an Boudreau
Board of Appeal
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 MGL
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 MGL 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 passed 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 owners Certificate of Title.
Board of Appeal