20 OAKVIEW AVENUE - BUILDING INSPECTION 7.0 OAK VIEW AVENUE
156-158 Lafayette St.
Roberto Tassinari &
Martin Chaput
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DECISION- ON TY,=P_ETITION-OF ALBERT A. TREMBLA] FOR VARIANCES
AT./20-OAKVIE'v]
A hearing on this petition was held October 29, 1 ,086 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming and Luzinski .
Notice of the hearing was sent to abutters and others, and notices of the hearing
were properly published in the Salem Evening Nevis in accordance with Massachusetts
General Laws Chapter 40A.
The petitioner, representing himself, requests Variances from any and all
applicable density and setback requirements to allow the parcel of land at
20 Oakview Ave. to be divided into two lots and to allow construction of a
single family dwelling on Lot B, as shown on plans submitted. The land at
20 Oakview Avenue is located in an R-1 district.
- The Variances which have 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, building 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 hearing the evidence and viewing the plans presented
at the hearing, makes the following findings of fact:
1 . The Present lot is large for the area, and would be divided
into two (2) lots, each of which are approximately the size
of other lots in the neighborhood;
2. There was little neighborhood opposition, and the plan, as
presented, would improve the asethetics of the neighborhood;
3. If the Board were to not allow the petition, the petitioner and
his family would suffer financial hardship.
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 affect the subject premises but which do
not generally affect the .district; and which, in fact, are unique .to_,
the district;
DECISiOF: ON THE PETITION OF ALBERT A. TRE!;BLAY FOR VARIA.N'OES
AT 20 OAKVIE4] AVE. , SALEHi
page two
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship upon petitioner;
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, 4-0, to grant the
petitioner the requested Variances , under the following terms and conditions:
1 . All construction is to be completed as shown .on the plans submitted;
2. All construction must be completed twelve ( 12) months after the
issuance of the Building Permit; .
3. Both lots must be landscaped and grassed;
4. All the requirements of the Salem Fire Department relative to fire
- prevention must be complied with by the petitioner;
5. Proper street numbering be obtained by the petitioner from the
Assessor's Office, City of Salem, Massachusetts;
6. Curbing, sidewalk and street construction must be accomplished by
the petitioner;
7. All construction must comply with the provisions of the Commonwealth.
of Massachusetts Building Code;
8. All necessary building permits and Certificates of Occupancy must be
from the Building Inspector, City of Salem;
�. If construction is not completed in compliance with the terms of this
decision, twelve (12) months from the issuance of a bu_l d ing. p e r=,it,
these variances are to be considered null and void.
VARIANCES GRANTED
;'James M. Fleming, Esq.
Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLER-1
TU SECTION 17 OF ` >.
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- - - BOARD OF APPEAL -
i Walter Street • -
`elberta & Ashley Hall
{Hearing date: October 29, 1986
The property located at #30 Walter Street has no current compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws,
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Variance
to convert a two family dwelling into a three family dwelling on the
condition that the owner obtain compliance for a three family prior to the
issuance of a certificate of occupancy.
20 Oakview Avenue
Albert A. Tremblay
Hearing date: October 29, 1986
The Salem Fire Department has no objection to the granting of Variances to
construct a single family dwelling on Lot B, 20 Oakview Avenue, subject to
the following conditions:
1. Plans for the proposed construction are submitted to the Fire
Prevention Bureau for approval showing the type and location of
fire alarm devices to be installed.
2 The owner check with the City Assessor relative to the correct
street numbering.
3. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, Salem
City Ordinances, and Massachusetts General Laws, relative to fire
safety.
5 Balcomb Street
Richard & Linda Latouch
Hearing date: October 29, 1986
The property located at #5 Balcomb Street has no current compliance with
the provisions of Chapter 148, Section 26E, Massachusetts General Laws,
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of a Variance
to convert a two family dwelling into a three family dwelling on the
condition that the owner obtain compliance for a three family prior to the
issuance of a certificate of occupancy.
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
;; T. g ofttlem, s�trtlpze##s
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I Puarb of A"Cal
TO THE BOARD OF APPEALS:
The Undersigned repr sent t.4 t is are the owners of a certain parcel of land loc ted
at NO. . c�A. . �R 42�sc�. .-. . . . . . . . . . . .Street; Zoning District./ .:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and said parcel is affected by Section(s) . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
tisJ., Utz ca,S
ZL
The Al�ication for Permit was denied by the Inspector of Buildings for the following
reaso v:
m
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Owner,'�_e'z',
-
Address. . . d. . C . . . . . .
Telephone. . . . 5`.�� . C�.� . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . ., J� �.... . . . . . . . . . . . . .
Date. . . . . . . . . . . . . . . . . .. . . . J%
Telephone. . . . . .�Rn�4ti:s,e .1. . . . . . . . . . . . . . .
,
By. . . . . . . . . . . . . .
Three copies of the. application must be filed.wi'th the Secretary of the Board of
Appeals with a check, for advertising in tbe ,'amount of. . ...... ... . . .. . ... . ... .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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