34 WEST AVENUE - ZBA 34 WEST APENUE
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Legal NoGee
CrrY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted
ubmitted by Kathleen Wholley-Talan-
tikite requesting a Variance from
relief from rear setback require-
ments(30 ft.required to 17 ft.setback)
to construct an addition for the prop-
erty located at 34 West Avenue R-1.
Said hearing to be held Wednesday,
April 19, 2000 at 6:30 P.M., One
Salem Green,2nd Floor.
Nina Cohen
Chairman
(4/5,12)
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jBoarb of Zipped OFFICE
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DECISION OF THE PETITION OF KATHLEEN WHOLLEY-TALATIIKITE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 34 WEST AVENUE
R-1
A hearing on this petition was held April19, 2000 with the following Board Members
present: Stephen Harris, Ronald Harrison, Richard Dionne , Stephen Buczko and Paul
Valakagis. 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 rear setback requirements to construct an
addition for the property located at 34 West 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. The petitioner represented herself at the hearing.
2. Plans were presented showing placement of the addition.
3. There was no opposition to the plans.
4. Signed petitions from abutters and neighbors showing support was presented.
DECISION OF THE PETITION OF KATHLEEN WHOLLEY-TALANTIKITE
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 34 WEST AVENUE
ROAD R-1
page two
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. Exterior finishes of the new construction shall be in harmony with the existing
structure.
5. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
6. A Certificate of Occupancy shall to be obtained.
Variance Granted
April 19, 2000
Richard Dionne, Member v =
Board of Appeals
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DECISION OF THE PETITION OF KATHLEEN WHOOLEY-TALANTIKITE
REQUESTING A VARIANCE FOR THE PROPERTY 34 WEST AVENUE R-1
page three
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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.
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March 12, 2000
To the Board of Appeals;
This is to inform you that as an abutter to the property at 34 West Ave. I am
aware of the property owners' request of a variance for relief from the fear set back limit.
of 30 feet. I understand that a variance will allow 16 feet between the rear property line
and the proposed addition and have no objection to this.
Respectfully,
Vim.
March 12, 2000
To the Board of Appeals;
This is to inform you that as an abutter to the property at 34 West Ave., I am
aware of the property owners' request of a variance for relief from the rear set back limit
of 30 feet. I understand that a variance will allow 16 feet between the rear property line
and the proposed addition and have no objection to this.
Resp tfully, ^
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April 14, 2000
Nina Cohen, Chairman
City of Salem
Board of Appeal
One Salem Green
Salem Ma. 01970
Re: Kathleen Wholley-Talantikite & Loucif Talantikite
34 West Avenue
Salem, Ma. 01970
Dear Ms. Cohen,
We are writing this letter in support of our neighbors Kathleen
Wholley-Talantikite and Loucif Talantikite, who are requesting a
Variance to allow from rear setback to construct an addition to their
property located at 34 West Avenue.
Mr. & Mrs. Talantikite have been our neighbors for the past 10 +
years and have made many improvements to their property.
Mr. & Mrs. Talantikite are very committed to the City of Salem and
are valued neighbors. We are confident that this addition will be an
enhancement to our neighborhood.
This hearing ds scheduled for Wednesday, April 19, 2000 at 6:30 p.m.
We are unable to attend as we will be on vacation.
Thank you for your consideration in this matter.
Sincerely,
J a
//K//aryn A. Reardon
William F. Reardon
26 West Avenue
Salem, Ma. 01970
CC: Mr. & Mrs. Talantikite
p
DATE OF HEARING
PETITIONER
LOCATION
MOTION: TO GRANT w SECOND AMENDiiENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
i
WITHDRAW SECOND
CONTINUE SECOND
I
ROLL. CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN—
Stephen Harris
RONALD HARRISON
STEPHEN BUCZKO /
RICHARD DIONNE i
ASSOCi.4TE MEMBERS
PAUL VALASKATGIS I/
CONDITIONS:
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APPEAL CASE NO. . . . . . . . . . .
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TO THE BOARD OF APPEAL:
The Undersigned represent that he/she
he/she is/are the owners of a certain parcel of lan
located at: . . . . . . . . .Street; Zoning District. . .. . . . . . .. . . . . . . . .
and said parcel is affected by Section(s). . . . . . . .. . . . . . . . . . . . . . of the Hassachuset
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildin;
in accordance with Section I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the follow9
reason(s) : 11�SUFF �CiEa 1 tPR SY b) ey
�iRECT f�PPC��
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Sale¢
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 derogat
from the intent and purpose of the Zoning Ordinance and Building Code for the folio
ing reasons: I hE ft1ITIOOF— IZ 1S R�Q�E� l ��j 19 VAR( 1110CE Fbv6
REI iEt FPoM f}�2 5Et I1%- P-EQUIkEMEi�l5 I—C,
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owner�6UC�FT({L(i�T�K.TE . . . . . . . . . . .
Address. //.�� lt5T ./•�U . . . . . . . . . .
Telephone.�:l �/. . r . y J5
Petitioner.Ski M . . . . . . . . . . . . . . . . . .
Address. .�.�p, ESl. . J4� : . . . . . . .
Date. . . . . . . . . . . . . . . . . . . . . .
Telephone. .�.1.7Y.
By
Three copies of the application must be filed with the Secretary of the Board of App
with a check, for advertising in the amount of $. ' four weeks prior to i
meeting of the Board of Appeal, Check payable to the Salem Evening News.
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HOBBS ENDEAVOUR CORPORATION SHEET NO. OF
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Swampscott,Massachusetts 01907 CALCULATED By `\' DATE 14- cj
781.581.2454 978.744.4646 /]
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