8 LORING AVENUE - ZBA � 1�
�4 Legal Notice �1
CRY OF SALEM
BOARD OF APPEAL
745.9595 Ext.381
Will hold a public hearing for all
persons interested in the petition)
submitted by SAMUEL FISCHER,
requesting a Special Permit 8-4 and a'
Variance from rear yard setback to
construct a small addition for property
located at 8-8A LORING AVENUE R-
2. Said hearing will be held on
WEDNESDAY, FEBRUARY 16,20051
AT 6:30 P.M., 120 WASHINGTONi
STREET,3RD FLOOR,ROOM 313. 1
Nina Cohen,
Chairmanl
(212,9)
r
CITY OF SALEM, MASSACHUSET4' GF �A`EM MA
w BOARD OF APPEAL CLERK S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 ,100.5 FEB
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 2 „1
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF SAMUEL FISCHER REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 8-8A LORING
AVENUE R-2
A hearing on this petition was held on February 16„2005 with the following Board
____.. _ __ . Members present:_Nina Cohen,-Chairman, Richard Dionne,Steven Pinto,Nicholas _
Helides and Edward Moriarty. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening New in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit 8-4 and a Variance from rear yard setback to
construct a small addition for the property located at 8-8A Loring Avenue R-2
The provisions of the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is Section 5-3 0),which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,the Board of
Appeal may,in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permit for alterations and reconstruction of nonconforming
structures,and for changes,enlargement, extent expansion of nonconforming lots, land,
structures, and uses,provided,however,that such change extension,enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms,this Board is,when reviewing Special Permit request may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health, safety,convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a fording of the 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 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.
DECISION OF THE PETITION OF SAMUEL FISCHER REQUESTING A SPECIAL
PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 8-8A LORING
AVENUE R-2
page two
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
of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and after
—__ reviewing_the.plans makes the-following-findings-of fact:__
1. Petitioner, Samuel Fischer appeared before the Board to present his plans for his
addition.
2. Petitioner contends that he needs more space in the rear of his property. He
intends to add a second level to make this possible. Plans submitted showed intent
to keep the house looking the same as the rest of the house.
3. The petition shows three kitchens in the house. Mr. Fischer assured the Board he
would not rent to a third party.
4. A condition was put on this petition that the property shall remain as a two family
dwelling.
5. There was no opposition to this petition.
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 do exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The relief requested can 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.
DECISION OF THE PETITION OF SAMUEL FISCHER REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 8-8A LORING
AVENUE R-2
page three
S. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore,the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested with the following conditions.
1. Petitioner shall comply with all city and state statutes, 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 shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
7. Property shall be limited to a 2 family dwelling.
SPECIAL PERMIT&VARIANCE
GRANTED FEBRUARY 16,2005
Steven Pinto ,, 1
Board of Appeal S v
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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal