11, 23 OUTLOOK ROAD - ZBA 23-11 OUTLOOK ROAD
TOWN S COUNTRY HOMES - - -
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1999 PJC' -3 P 3: 31
DECISION OF THE PETITION OF TOWN AND COUNTRY HOMES, INC.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 23 AND 11
OUTLOOK AVENUE R-1
A hearing on this petition was held October 20, 1999 with the following Board Members
present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Stephen Buczko and
Richard Dionne. 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 dimensional regulations for lot area of Lot 1
&4 and minimum lot widths of Lots 1 —4 for the proposed four lot subdivision for the
property located at 23 and 11 Outlook Avenue located in an R-1 zone.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. 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, Mr. Bellows and Ms. Tache, represented by Attorney George W. Atkins,
III, sought variances from dimensional requirements of the zoning ordinance to
create a four lot subdivision on an extension of Scenic Way. .
2. The proposed subdivision is located on an unfinished section of Outlook Avenue.
The existing lot at 11 Outlook Ave. currently has access to Scenic Way; the lot at 23
Outlook Ave has no access at present. The shape of the two existing parcels and
their location on an unfinished portion of Outlook Ave. create a hardship condition for
the owner.
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DECISION OF THE PETITION OF TOWN AND COUNTRY HOMES, INC.
REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 23 AND 11
OUTLOOK AVENUE R-1
page two
3. Petitioner proposed to combine the two lots to create a circular cul-de-sac that would
serve as the access road for four new house lots. Of these four new lots, two,
designated Lots 1 and 4, do not meet zoning code requirements for total lot area,
and all four lots lack sufficient lot frontage to meet code requirements.
4. Several neighbors present at the meeting viewed the proposed plans and offered
comments and concerns. Gene Case, of 7 Outlook Ave and Cheryl Terry of 6
Scenic Place voiced concerns about increased use of the wooded lot, and William
Gallagher of 3 Scenic Terrace expressed concern about potential water problems on
the sloping hillside. Carol Englund of 3 Ugo Rd. expressed concern about the
prospect of blasting damage, and Steve Gibney of Ugo Rd. wanted to meet with the
developers.
5. Ward Councillor Lenny O'Leary was concerned about the difficulties of safeguarding
properties against blasting damage, even where appropriate pre-blast surveys are
performed.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner is to obtain Building Permit prior to beginning any construction.
5. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number as to be visible from the street.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. Blasting shall be done per Salem Fire Department between the hours of 8`.00
a.m. and 5:00 p.m. Notifying abutters of what days the blasting takes place.
9. Any neighbor within 400 feet shall be deemed liable regarding the blasting.
Variance Granted
October 20, 1999 Nina Cohen, Chairman
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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.
DATE Or HEARING / �V
PETITIONER V
LOCATION _I I
MOTION: TO GRANT 1 SECOND AMENDi:ENT S=COirD
TO DENY SECOND
I
TO RE-HEAR SECOND
WITHDRAW SECOND
A
CDNTINUE SECOND
I
ROLL CALL PRESE11T GRANT DENY *TEND w;ITHDRAW RE-HEAR CON'TIi
ivlirA V. CDFIEN-- v -
XTCHAEL G;ARD
RONALD KARRISON
STE?HEi: BUCZKO v
RICHARD DIONNE
;.SSOCL4TE K7 BERS
PIAUL V'L� mac" AiTm s
CONDITIONS: 1
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October 19, 1999
Julianna Tache
Tache Real Estate
221 Derby Street
Salem, MA 01970
RE: Subdivision Proposed to be Located in the Vicinity of Scenic Way
Dear Ms. Tache:
On October 7, 1999,the Planning Board conducted a preliminary review of the four lot
subdivision proposed to be located in the vicinity of Scenic Way. The Planning Board was
favorable of the concept of a four lot subdivision in the vicinity of Scenic Way.
The project is required to come before the Planning Board for a Definitive Subdivision Plan
Review. At that time, the Board will review the plan's technical merits, such as access,
sidewalks, and its effect on the surrounding parcels.
If you have any questions or if I may be of further assistance, please contact me at the Salem
Planning Department at 745-9595, extension 311.
Sincerely,
j�c�,D
Denise Sullivan
Senior Planner
DATE:..S QB.xembex..29,...1999..... ... .
APPEAL CASE NO.... ............. .. ..
s e
CITY OF SALEM, MASSACHUSETTS
TO THE BOARD OF APPEALS: Prospective
The Undersigned represent that they in are thdowners of a certain parcel of land located
at No. 21 and, 11 Outlpok tvgnµe, , , , , , , , , , , , , , , , mom; Zoning District. .
. R-1 . . . . . . . . . ; and said Parcel is affected by Section(s) . 671. . .
.Ta121G Z . . , . ; of the Salem Zoning Ordinance xian xSccax#nx¢s) .
X�fX7,�9� F6f6xHe[$Ydti4gx$ro7dR7l
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning ordinance.
Not Applicable
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The Application for Permit was denied by the Inspector of Buildings for the following'-
reasons:
ollowing"reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinancex�c:Choc}8uddcx$a�xat8s>atltxltkSixEP:1@RSR#Rxx �4D@ci€3cx
a"amxexihaxas 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 dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for the
following reasons:
Petitioner requests variances from Dimensional Regulations for lot area of Lot 1
and Lot 4, and for Minimum Lot Width of Lots 1 — 4 in the proposed four lot
subdivision. The proposed extension of Scenic Way will substantially reduce the
impact of the proposed subdivision on the surrounding neighborhood. The shape
of the two existing parcels and their location on an unfinished portion of Outlook
Avenue create special conditions so that the public interest will be served by
grant of the requested variances.
owner Catherine Pirro,. 2� Qutlpok Avg. ,
Peter Angeramo, Exec. Est. of John F. Milo,
Add=,,. . . 11, Outlook, Avenue , ,
. . . . . . . . . . . . . . .
Petitioner Tovn.apd.CQuptry .HQmes„ Inc-
Address. 1P i; DOV i, ,Pg 04416 11A 0196,0
Date September 29, 1999 By: /
rney.Georg W: _ns, VIII
197 59 Federal Sr. i §aje%, ,M4 g19,70,
(978) 744-0350
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of $298,24 . . . . . . . . . ,
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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ZONING EVALUATION
ITEM MIN\MAX. LOT 1 LOT 2 LOT 3 LOT 4
LOT AREA 15,000 SF. 12,600* SF. # 15,010± SF. 15,010± SF. 13,200± SF. #
f 130 LOT WIDTH 100 FT. 66± FT. # 62± FT. # 78± FT. # 69± FT. #
# DENOTES VARIANCE REQUESTED
FRONT YARD 15 FT.
SIDE YARD 10 FT.
EXISTING
REAR YARD 30 FT.
CENTERLINE END OF
EXISTING LOT 1 – LOT 4 AND THE ROADWAY EXTENSION ARE A DIVISION OF LOT 438 - 442 SHOWN
PAVEMENT ON A PLAN BY T. A. APPLETON OF WEST END HEIGHTS DATED NOVEMBER 1928, RECORDED
PROPOSED AS PLAN BOOK 55 PLAN 41. -
CENTERLINE
120 RECORD OWNER:
LOT 438 (ASSR'S. PCL. 85) CATHERINE PIRRO DEED BOOK 3016 PAGE 353
LOT 439-442 (ASS'RD PCL 84) JOHN F. MILO DEED BOOK '6557 PAGE 403
W TER MAIN
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0 DMH EXISTING DRAIN MANHOLE ASSESSORS MAP 9 PARCELS 84 & 85 OUTLOOK AVE.
110 ES
EXISTING CATCH BASIN PLAN REFERENCE: PLAN BOOK 55 PLAN 41
Exis�rNic w�TERNc TE SALEM , MASSACHUSETTS
DI"'. — — 100 — EXISTING CONTOUR Prepared For Prepared By,
100.00 EXISTING SPOT GRADE Town and Country Homes, Inc. Eastern Land Survey Assoc., Inc.
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