53 WEST AVENUE - ZBA 53 WEST AVENUE (R-1)
KEVIN O'DONNELL
C�v
44
a
�o
°� (�iity of �tt1em, 4massttdtusetts
M ..
" g 'Bnttrb of �u}1en1
Q� Jan 15, 3a
DECISION OF THE PETITION OF KEVIN O'DONNELL P•EQUESTING- A,,, r�
VARIANCE FOR THE PROPERTY LOCATED AT 53 WEST AVENUE (R
A hearing on this petition was held January 17, 1996 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Arthur LeBrecque and Joseph Ywuc. 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.
Petitioner, owners of the property request a Variance to add a second story
addition for the property located at 53 West Avenue.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
v substantial hardship, financial or otherwise to the petitioner.
involve substant a p,
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner recently acquired the property which had been in
foreclosure. The property has been in disrepair and unoccupied for
sometime.
2. Petitioner intends to add a second story to the building located on the
property. The proposed addition will add a one foot overhand to the
front and back of the building over the existing footprint of the
current building.
3. The surrounding neighborhood consists primarily of 2 story structures.
4. Petitioner intends to rehabilitate the property for his personal use or
for resale as a single family home.
5. Karen Reardon, 26 West Terrace, a realtor ,spoke in favor of the
requested variance.
6. There was no opposition to the requested variance although neighbors
appeared to express their concerns about the property.
7. Pauline Morency, 4 West Avenue, a direct abutter, expressed concerns
about an existing fence and some trees along the property line as well
as the current conditions of the property.
8. Robert Brennan, 3 West Terrace, expressed his concern relating to the
current state of disrepair of the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
rECISION OF THE PET--TTw� 7n F KEVIN n'DONNELL REOUESTISG A
VARIANCE FOR THE PROPERTY LOCATED AT 53 WEST AVENUE fR-1
page two
3. Desirable relief can -be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions: .
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted specifically with regard to the additional one foot overhang
over the existing footprint of the building at the front and back of
building.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
A . Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
Variance Granted / I --zy— n-ce')
January 17, 1996 // , � �.v
Gary Barrett
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 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 certification of the City Clerk that 20
days have elapsed 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 owner's Certificate of Title.
Board of Appeal