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23,11 OUTLOOK AVENUE - BUILDING INSPECTION 23 6 11 OUTLOOK AVENUE t UPC 10330 N0. 153L �q + HASTINGS. UN -ALFw. rlA ffitu of �ttlPm, �tts5adjus;stf 'S OFFICE Q Pnttrr, of upeal 1999 iJu`d -? P 3 31 DECISION OF THE PETITION OF TOWN AND COUNTRY HOMES, INC. REQUESTING A-VARIANCE FOR THE PROPERTY LOCATED-,AT 23'AND T1-. OUTLOOK AVENUE R-1 A hearing on this petition was held October 20, 1999 with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Stephen Buczko and Richard Dionne. 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 dimensional regulations for lot area of Lot 1 &4 and minimum lot widths of Lots 1 —4 for the proposed four lot subdivision for the property located at 23 and 11 Outlook Avenue located in an R-1 zone. The Variances which have been requested may be granted upon a finding by this Board that: 1.Special conditions and circumstances exist which especially affect the land, building or structures involved and which are not generally affecting other lands, buildings and structures involve. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. 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. Petitioners, Mr. Bellows and Ms. Tache, represented by Attorney George W. Atkins, III, sought variances from dimensional requirements of the zoning ordinance to create a four lot subdivision on an extension of Scenic Way. 2. The proposed subdivision is located on an unfinished section of Outlook Avenue. The existing lot at 11 Outlook Ave. currently has access to Scenic Way; the lot at 23 Outlook Ave has no access at present. The shape of the two existing parcels and their location on an unfinished portion of Outlook Ave. create a hardship condition for the owner. DECISION OF THE PETITION OF TOWN AND COUNTRY HOMES, INC. REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 23 AND 11 OUTLOOK AVENUE R-1 page two 3. Petitioner proposed to combine the two lots to create a circular cul-de-sac that would serve as the access road for four new house lots. Of these four new lots, two, designated Lots 1 and 4, do not meet zoning code requirements for total lot area, and all four lots lack sufficient lot frontage to meet code requirements. 4. Several neighbors present at the meeting viewed the proposed plans and offered comments and concerns. Gene Case, of 7 Outlook Ave and Cheryl Terry of 6 Scenic Place voiced concerns about increased use of the wooded lot, and William Gallagher of 3 Scenic Terrace expressed concern about potential water problems on the sloping hillside. Carol Englund of 3 Ugo Rd. expressed concern about the prospect of blasting damage, and Steve Gibney of Ugo Rd. wanted to meet with the developers. 5. Ward Councillor Lenny O'Leary was concerned about the difficulties of safeguarding properties against blasting damage, even where appropriate pre-blast surveys are performed. On the basis of the above findings of fact, and on, the presented at the hearing, the Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to the following condition; 1. Petitioner shall comply with all city and state statues, 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 is to obtain Building Permit prior to beginning any construction. 5. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said number as to be visible from the street. 6. A Certificate of Occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. Blasting shall be done per Salem Fire Department between the hours of 8:00 a.m. and 5:00 p.m. Notifying abutters of what days the blasting takes place. 9. Any neighbor within 400 feet shall be deemed liable regarding the blasting. Variance Granted October 20, 1999 Nina Cohen, Chairman ,F 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.