60 MOFFATT ROAD - BUILDING INSPECTION PL60 MOFFATT ROAD
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Cttp Of baIent, JftS38'dCbUSCttS3' CI1-Y OF SALEM MA
CLERK'S OFFICE
�oarb of appeal
2001 MAY 23 A 11153
DECISION OF THE PETITION OF DOREEN NELSON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 60 MOFFATT ROAD R-1
A hearing on this petition was held May 16, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko 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 New in accordance with Massachusetts General
Laws Chapter 40A.
The petitioner is requesting a Variance from lot coverage and side setback for the
property located at 60 Moffatt Road located in an R-1 zone.
The Variances, which have been requested, upon a finding 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 this 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. Petitioner seeks a variance to allow her to build a deck and staircase on the left side of
her two-family house at 60 Moffatt Road. In dimension, the proposed construction
would be 5' wide and approximately 17' long, including 6 stairs.
2. Petitioner seeks this variance to enable her to install a door to allow access to the
house from that side.
3. There was no opposition to the petition.
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning Board of Appeal concludes as follows:
F
I
DECISION OF THE PETITION OF DOREEN NELSON REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 60 MOFFATT ROAD R-1
page two
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 petition.
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 statures, 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 building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy must be obtained.
Variance Granted
May 16, 2001 ,
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION CHRIS DELORENZO REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT10 CALIBRESE STREET 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 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.
Board of Appeal
( ltu of "Salem, 'Alas5adjusetts
oQ Paurb of �rrpetli Jul 18 9 31 Q8 'y
CITY OF SALCH. HAS(
HE PETITION o Pc r n cr v rc I Pc r CLl RvS OFFICE
DECISION ON T..,. TI.IOb 0. DO....En_.:....SOb_Q..QL..ST�„G A S. ..CIA..
PERMIT FOR THE PROPERTY LOCATED AT...60 MOFFATT ROAD�R-1
A hearing on this petition was held July 15, 1993 with the following
Board Members present: Nina Cohen, Chairman, Richard Dionne, Paul
Valaskagis, Michael Ward and Ronald Harrison. Notice of the hearing
was sent to abutters and others and notices of the hearing were
properly published in the Salem Evening brews in accordance with
Massachusetts General Laws Chapter bOA.
Petitioner was requesting a Variance from side & rear setbacks to
allow for new addition and withdrew without prejudice and asked for a
Special Permit for a 17 x 11 addition for the property located at 6O
Moffatt Road.
Theprov S,-n' of the Salem Zoning Ordinance which :s applicable to
thisrequest for a Special Permit is Section ;-31 • which, de
, ) , pry.
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 Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or 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 E'eviewing Special Permit
requests, guided by the rule that a 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 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 . This petition was a continuation from June 17 , 1998 .
2. There were letters submitted from Dr. Buckley & Richard Goodenough
M.D. , that Dr. Buckley & Richard D. Goodenough M.D. that Albert
Gallant was ill and would need assistance.
3. Doreen Nelson being the daughter was going to move in to 60
Moffatt Road and the addition would be for her parents.
4 . The proposed addition was 23x 23 needing a variance from side &
rear setbacks.
DECISION OF THE PETITION OF DOREEN NELSON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 60 MOFFATT ROAD R-1
page two
5. Opposition was made from a number of neighbors . There co cert
varied from parking to lot coverage as well as a possibl�pZ&r 3x
drainage problem.
CITY 01" SALCH, MASS
6. A continuation of the petition was requested to re-evaluat&LOWS CFFICf
petitioners request and consult further with neighbors.
7 . The petition was revisited on July 15, 1948 meeting of the Board
of Appeals.
S. Doreen Nelson presented a new drawing reducing the addition to 17
x 17, no windows or doors. The shed and screen house in the yard
_ would be removed, therefore providing additional parking off the
street. With the reduction of the size of the addition, no
variance for setbacks would not be necessary.
9. The drainage issued was addressed also. The builder of the
addition Robert Malia, spoke to answer all those questions about
the parking, drainage & any other questions that came up.
10. The Delorfano's seemed to still have a problem with the drainage,
scenery and possible devaluation of the property with this
addition.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2 . The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit 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.
3 . All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
Petitioner shall obtain building permit prior to beginning any
construction.
DECISION OF THE PETITION OF DOREEN NELSON REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 60 MOFFATT ROAD R-S
page three
5. A Certificate of Occupancy is to be obtained.
6. Exterior finished of the new construction shall be in harmony with
the existing structure.
SPECIAL PERMIT GRANTED
July 15, 1998
cs� ,
Paul Valaskagis, Member
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 MGL 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 MGL 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 or 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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