5 MAPLE AVENUE - BUILDING INSPECTION + r
t 5 MAPT E. AVENUE
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF JOSEPH MENTO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 5 MAPLE AVENUE R1
A hearing on this petition was held August 21, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau, Richard Dionne, Bonnie Belair and Stephen
Harris. 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 front setback to construct a 7' x 30' farmers
porch. The proposed porch would have a setback of 6 feet instead of the required 15
feet for the property located at 5 Maple 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.Mr. Mento and his family live in this one family structure that is currently under
extensive cosmetic renovations.
2. Mr. Mento represented himself at the hearing and presented his plans.
3. The proposed farmers porch would have a left side setback of 31/2 feet that matches
the existing side setback of the home and the front setback of 6 feet.
4.A petition was submitted with 8 names in favor of this petition.
5. There was no opposition to the plans.
DECISION OF THE PETITION OF JOSEPH MENTO REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 5 MAPLE AVENUE R-1
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 statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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 the new construction shall be in harmony with the existing
structure.
VARIANCE GRANTED
A
August 21, 2002 �a/�
Joan Boudreau
Board of Appeal
`.ti
DECISION OF THE PETITION OF JOSEPH MENTO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 5 MAPLE AVENUE R-1
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 day
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.
Board of Appeal
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DECISION OF THE PETITION OF JOSEPH D. MENTO JR. REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 5 MAPLE AVENUE (R-1 )
A hearing on this petition was held June 28, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Mina Cohen and Jospeh 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 requests a Variance from side setbacks
to build a garage for the property located at 5 Maple Avenue (R-1) .
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
involve substantial hardship, financial or otherwise, to the petitioner.
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 stated that his property formerly included an easement
allowing him the use of a garage situated partially on the adjoining
property. About a year ago, the easement expired. Petitioner
attempted to negotiate an extension, but was unsuccessful.
2. Petitioner sought a variance to enable him to build a garage on the
property line, where the driveway lies, to replace the garage that
formerly served his property and the neighboring one.
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.
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.
DECISION OF THE PETT770N OF JOSEPH D. MENTO JR.FOR A
VARIANCE FOR THE PROPERTY LOCATED AT 5 MAPLE AVENUE R-11
Page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subiect to the following conditions.-
Petitioner
onditions:Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations .
Petitioner shall obtain a building permit prior to beginning any
construction.
3 . All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
u. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted \
June 28, 1995
Nina Cohen
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 o
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JUL 19 10 40 M '87
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f CITY CLERK. SALEF. HASS.
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DEC1S10N ON THE PET1T1_ON OF ALICE L. JOHNSON FOR A
VARIANCE ATti5 MLE APAVENUE (R-1 )
A hearing on this petition was held June 24, 1987 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal,' Fleming, Luzinski and Strout.
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, represented by her brother, Attorney Richard Johnson, is seeking
a Variance from the side yard setback to allow for the construction of a deck
at 5 Maple Avenue. The premise 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 petitioner; and
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 the
hearing, after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition presented at the hearing,
and Councillor John Nutting spoke in favor;
2. The location of the deck is the best and only location possible
from an asethetical, financial and practical viewpoint;
3. The closest structure to the proposed deck would be at least
twenty (20) feet away.
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 Ordinance would involve substantial
hardship on the petitioner; and
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.
A
- DECISION ON THE PETITION OF ALICE L. JOHNSON FOR A VARIANCE
FOR 5 MAPLE AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The petitioner must obtain a building permit from the Building
Inspector, City of Salem;
2. All construction must mee the requirements of the Massachusetts
Building Code;
3. The exterior of the deck must conform with the exterior of the
existing dwelling;
4. All the requirements of the Salem Fire Department relative to
fire safety must be adhered to, including the installation of
approved smoke detectors in the existing dwelling;
5• The construction of the deck must be in accordance with the plans
submitted to the Board of Appeal.
VARIANCE GRANTED
� / a
- ames M. Fleming, Esq.
Vice Chairman, Board of Appal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS D'[CISI t'I 17 ANY. SHALL BE MADE PURSUANT TO SECTION, 1 OF HE Mks FILING
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BOARD OF APPEAL