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21 & 9 VERONA & CLOVERDALE AVENUE - ZBA 21 VERONA 6 9`CLOVERDALE AVE I �- - - - -- WILLIAM PORCELLO 2-0 0 CD -- v Legal Notre CITY OF SALEM BOARD OF APPEAL 745.9595 EXT.381 Will hold a public hearing for all,', persons interested.in thepetition sub- mitted by ub mittedby William.Porcello.request- ing a Variance to allow the.creation' of a lot at 9 Cloverdale Ave.of 6,744 sq. ft.,and-to allow a.parcel at 21 Verona Ave. of 17,066 sq. ft.with a less frontage than required'for the,, property located at 21 Verona& 9 Cloverdale Avenue. Said hearing to,, • L6:30P;M., ednesday,April 19,2000 at, One Salem Green, 2nd Nina Cohen Chauman :.: 9 citp of *atem, fdawrbuatto .,' F AL EM. MA C!_EI 'S OFFICE. 41 JBoarb of ZIPPeal T000 "Ir Y - i 3: 02 DECISION OF THE PETITION OF WILLIAM PORCELLO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 CLOVERDALE AVE & 21 VERONA AVENUE 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 by Attorney William Dimento. 2. Plans were presented showing entrance and egress from new lot. 3. Councillor O'Leary spoke in favor of the petition. 4. There was no opposition to the petition. a DECISION OF THE PETITION OF WILLIAM PORCELLO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 CLOVERDALE AVENUE & 21 VERONA AVENUE 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. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and display said number so as to be visible from the street. 5. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 6. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 7. Access will be off of Spring Side Avenue for lot#2. u T, W D Variance Granted April 19, 2000 N� Richard Dionne, Member Board of Appeals r DECISION OF THE PETITION OF WILLIAM PORCELLO REQUESTING A VARIANCE FOR THE PROPERTY 9 CLOVERDALE ANE & 21 VERONA AVENUE page three 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. �G • � J rr, W rrt� I •' D O N City of balem, Alaoubw5etw • HCE 39oarb of appeal ZOO r a UJ 3 AMENDED DECISION DECISION OF THE PETITION OF WILLIAM PORCELLO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 CLOVERDALE AVE & 21 VERONA AVENUE A hearing on this petition was held April 19, 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 to allow the creation of a lot at 9 Cloverdale Ave of 6,744 sq. ft and to allow a parcel at 21 Verona Ave of 17,066 with less frontage than required for the property located at 9 Cloverdale Ave and 21 Verona Ave. 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 by Attorney William DiMento. 2. Plans were presented showing entrance and egress from new lot. 3. Councillor O'Leary spoke in favor of the petition. 4. There was no opposition to the petition. DECISION OF THE PETITION OF WILLIAM PORCELLO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 CLOVERDALE AVENUE &.21 VERONA AVENUE 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. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and display said number so as to be visible from the street. 5. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 6. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 7. Access will be off of Spring Side Avenue for lot#2. Variance Granted April 19, 2000 < < Richard Dionne, Member Board of Appeals DECISION OF THE PETITION OF WILLIAM PORCELLO REQUESTING A VARIANCE FOR THE PROPERTY 9 CLOVERDALE ANE & 21 VERONA AVENUE page three 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. PETITION Petition to the Salem Board of Appeals We the undersigned neighbors of Bill and Ann Porcello have seen the proposed plan for the house lot at 21 Verona Avenue and support the application for necessary variances. Name Address qo filt4t, 180 n/f New England Power Company Assess. Mop 8 Lot 76 Exist. SMH Exist. APp Q s s EXISTING 18-AC SEWERs E��TO q6v o 20 ' SEWER EASEMENT N 76•10 50" w S�n'BNGS/pE 173.95' Lic _ 40 APPROVAL UNDER SURORS/ON LOT 2 � A CONTROL LA`Y NOT REQU/RED. 17,066 S.F. SALEM PLANNING BOARD n/f Donald R. Mosel% Jr. N SHED Qo. Assess. Map 8 } (V Lot 77 ti 0� ,�.� (V Assess. Map 8 SHED WITHL00 ZEMAIN F Off. h Lot 108 v 07 � DATE Q0. co 84 12' SEE VARIANCE GRANTED BY THE SALEM BOARD OF APPEALS AND FILED IN BOOK PG. S 76'10'50" E p LOT A 1, 118 S F. NOTES — 78.56' � � S 76'10'50" E — 78. 11 LOT 1 AND LOT A ARE TO BE COMBINED TO FORM ONE CONTIGUOUS LOT 1A CONTAINING �O 6,744 S.F. LOT 1 / THE LOTS SHOWN ON THIS PLAN ARE PRESENTLY 5,626 S.F 0G SHOWN AS LOTS 83 AND 78 ON ASSESSOR'S MAP 8. Lai J Q REFERENCES — n/f Norman L. Fraser n/f Bradford S. Goigep '} � DECK �v DEED REFERENCES— Assess. Mop 8 Assess. Map 6 Q Assess. Mop 8 BOOK 4867 PG. 353 Lot 81 Lot 82 '` N� Lot 109 BOOK 6161 PG. 135 4.3 ,O0' ryh CLQ PLAN REFERENCES — EXISTING DWELLING PL.BK. 55, PL. 17 1.6' 44 PLAN 245 OF 1976 PL.BK. 281, PL. 23 No. 9 J PLAN 285 OF 1976 4.3 6.01 N PLAN OF LAND 34.42' IN S 76'10'50" E APPROX. LOC4TlON SALEM, MA EXISTING HYDRANT PREPARED FOR CLOVERDALE (PIC — 40 FT. WIDE) AVENUE WILLIAM PORCELLO APPROX. LOCATION EXISTING w 6" WATER SCALE 1 " = 20' DEC.6, 1999 OF LANDMARK RHOOA . ENGINEERING & SURVEYING, INC. ZONING D/STR/CT — R-1 mAI'.�= V;X35MI 583 CHESTNUT STREET a� L: LYNN, MA 01904 LOT SIZE — 15,000 S.F. FRONTAGE — 100 FT. a SU Q (781)592-7016 FRONT YARD — 15 FT. / CERTIFY THAT THIS PLAN CONFORMS TO 7HE RULES SIDE YARD — 10 FT. AND R GULAAONyiOF %E RtrOISTRY OF DEE'DS/ 0' 20' 40' 60' REAR YARD — 30 FT "` / 041T' DA TE: REVISIONS. JOB NO. 99209 I n v -r.