410 LORING AVENUE - BUILDING INSPECTION 410 LORING AVENUE
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KIMBERLEY DRISCOLL TELE:978-745-95951 FAX:978-740-9846 FILE If
MAYOR CITY CLERK, SALEM.MASS.
March 4, 2015
Decision
City of Salem Board of Appeals
Petition of DIKRAN YAKUBIAN seeking Variances requesting relief from Sec. 4.1.1Table of
Dimensional Requirement's of the Salem Zoning Ordinance and a Special Permit per Section 3.3.3
Nonconforming Structures to allow an increase in the number of stories from 2.5 stories to 3 stories.
The proposal is for the property located at 410 LORING AVE (Map 30 Lot 60) (R1 Zoning District).
A public hearing on the above Petition was opened on February 18, 2015 pursuant to M.G.L Ch. 40A, g 11.
The hearing was closed on this date with the following Salem Board of Appeals members present: Ms. Curran
(Chair),Mr. Duffy,Mr. Watkins,Mr. Copelas, Mr. Tsitsinos (alternate).
The Petitioner seeks a Special Permit per Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped January 29, 2015, the Petitioner requested a Variance per Section 4.1.1
Table of Dimensional Requirements and a Special Permit per Section 3.3.3 Nonconforming
Structures to allow an increase in the number of stories from 2.5 stories to 3 stories.
2. Attorney Keilty, presented the application on behalf of the petitioner.
3. The petitioner proposes to construct two (2) shed roof dormers and gables on an existing
nonconforming structure:and increase the number of stories from an existing two and a half (2.5)
stories to three (3) stories.
4. The existing roof ridgeline will remain the same height at thirty-three (33) feet.
5. The requested relief, if granted, would allow the Petitioner to reconstruct, extend, alter a non-
conforming structure and allow an increase in the number of stories from two and a half(2.5) stories
to three (3) stories.
6. At the public hearings no members of the public spoke in favor or in opposition to petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition, including the application narrative and plans, and the
Petitioner's presentation and public testimony, makes the following findings that the proposed project
meets the provisions of the City of Salem Zoning Ordinance:
City of Salem Board of Appeals
March 4,2015
Project:410 Loring Avenue
Page 2 of 3
Findings- Variance from the 2.5 stories maximum allowed height of buildings to allow the building
to be three (3) stories:
1. Literal enforcement of the provisions of the Ordinance requiring a maximum allowed number of 2.5
stories would be a substantial and unique hardship as the existing thud floor cannot be used because it
does not meet current building code requirements.
2. The proposed dormers and gables would not be a substantial detriment to the public good.
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
Findings for Special Permit:
1. The proposed expansion of a non-conforming use is not more detrimental than the existing use to the
impact on the social,economic or community needs served by the proposal.
2. There are no impacts on traffic flow and safety,including parking and loading.
3. The capacity of the utilities is not affected by the project.
4. There are no impacts on the natural environment,including drainage.
5. The proposal conforms to the existing neighborhood character.
6. The potential fiscal impact,including impact on the City tax base is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Rebecca Curran,Mike Duffy,Tom Watkins and Jimmy Tsitsinos) and one (1) (Peter A. Copelas)
opposed, to grant a Variance and Special Permits, to allow an increase in the number of stories from 2.5
stories to 3 stories, subject to the following seven (7) standard and two (2) special terms, conditions, and
safeguards:
Standard Conditions:
1. The 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 to and approved by the
Building Commissioner
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. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
Special Conditions:
1. The non-conforming structure shall remain a two (2) unit structure.
2. No kitchen shall be installed on the third (3`� floor.
City of Salem Board of Appeals
March 4,2015
Project:410 Loring Avenue
Page 3 of 3
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this dnirian, ifany,shall be made pursuant to Section 17 of the Massachusetts General Lama Chapter 40A, and shall be filed witbin 20
days of fihng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Lams 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 has been filed with the Essex South
Registry of Deeds.
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2 5 Poura Df (�Fpezd CITY CLERK, SAL Pd.. HASS.
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DEC1S10N ON THE—P-ET1T-10N-OP_MZCHAEL J . FUSCO FOR A
VARIANCE AT' 410_LORING-AVE..,(.R-1 )
A hearing on this petition was held July 15, 1987 with the following Board Members
present: James Fleming, Vice Chairman; Messrs. , Bencal, Luzinski, Strout and
Associate Member LaBrecoue. 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, owner of the property, is requesting a Variance from setback
requirements to allow for the construction of a porch in the rear of 410 Loring
Avenue. The property is located in an R-1 district.
The Variance which has been requested may be granted upon a finding 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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petiitoner;
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 the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at tae
hearing, makes the following findings of fact:
1 . No opposition to the petition was presented at the hearing,
and Councillor John Nutting spoke in favor of granting the
requested relief;
2. The existing porch is in bad repair, and is quite unsafe, especially
for the children who reside in the dwelling;
3. The location of the proposed porch is the best and only location
possible from an asethetical, financial and practical viewpoint;
4. The proposed porch will be twenty feet frog the rear property line.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2.+ Literal enforcement of the provisions of the Ordinance would involve a
substantialy hardship to the petitioner;
1
DECISION ON THE PETITION OF MICHAEL J . FUSCO FOR
A VARIANCE AT 410 LORING AVE. , SALEM
page two
3. The relief requested 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 unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The petitioner obtain a building permit from the Inspector of
Buildings, City of Salem
2. All construction be in conformity with the requirements of the
Massachusetts Building Code;
3. The construction of the porch be in accordance with the plans
submitted to the Board of Appeal.
VARIANCE GRANTED
James M. Fleming, Esq.
Vice Chairman, Board of ppeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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