32 NORTHEND AVENUE - BUILDING INSPECTION 32 NORTHEND AVE.
1
A Cttp Of 6alem, Aaoorbuattz
• MA
33oarb of peal CITY SALEM.
; � CLERK'S OFFICE
1001 MAR 30 A 10, 1 b
DECISION OF THE PETITION OF JOSEPH & ELISA DEMELO-REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT�32 NORTHEND AVENUE R-2
A hearing on this petition was held March 21, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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 Variances from front setback to construct an addition for the
property located at 32 Northend Avenue R-2.
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. The Petitioners property is an existing non-conforming lot with current front setback
of 3 feet.
2. The proposed addition would continue the 3 foot setback for another 12 feet.
3. The addition would allow extra living space for their growing family.
4. There was no opposition to this petition.
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CITY OF SALEM, MA
CLERK'S OFFICE
DECISION OF THE PETITION OF JOSEPH & ELISA DEMELO REQUESTINGI MAR 30 A
VARIANCE FOR THE PROPERTY LOCATED AT 32 NORTHEND AVENUE R- ID 16
pagetwo
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 statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection shall be obtained.
7. Exterior finishes of the new construction shall be in harmony with the existing
structure.
CITY OF SALUI-
R
CLERK'S OFFICE
DECISION OF THE PETITION OF JOSEPH & ELISA DEMELO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 32 NORTHEND AVENUE R-2
page three 211tU MAR 30 A 0 I b
Variance Granted
March 21, 2001
Stephen Harris, 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 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
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Board of Au}teul OCr y 2 51 i ;i 'yj
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DECISION ON THE PETITION OF JOSE_ & ELISA DEMELO
FOR A SPECIAL PERMIT AT 32'03THEND _AVErE-(112 )
A hearing on this petition was held September 15, 1993 with the following
Board Members present: Francis X. Grealish, Chairman; George Ahmed,
Stephen O'Grady and Associate Member LaBrecque. 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.
Petitioners, , owners of the property, are requesting a Special Permit to
allow entry way to the basement to remain as is, entry way encroaches on
the already nonconforming side setback. Property is located in the R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , 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 Section 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 reviewing 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. There was no opposition to the petitioners request.
2. The entry way is already existing and is not as close to the side
property line as the existing dwelling.
3. This is the only feasible location the entry way.
DECISION ON THE PETITION OF ?OSE & ELISA DEMELO
FOR A SPECIAL PERMIT AT 32 NORTHEND AVENUE, SALEM
page two
On the basis of the above findings of fact, and on 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 and without nullifying or 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, 4-0, 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. Existing structure shall remain as it currently exists.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety are to be strictly adhered to.
4. Petitioner shall obtain a building permit.
Special Permit Granted
September 15, 1993
Francis X. Grealish, Chairman
Board of appeal
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DECISION ON THE PETITION OF JOSE & ELISA DEMELO FOR A SPECIAL PERMIT
AT 32 NORTHEND AVENUE, SALEM
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
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 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 - t
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