2 BERTUCCIO AVENUE - ZBA 2 Bertuccio Ave. R-1
Robt: Harrington, Tr. of P & P — --- —
\y\\\` yMeritage Trust t,
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DRAFT - 2 BERTUCCIO AVE. - ROBERT HARRINGTON, TR. 1/27/93
Requesting Variance to allow construction of single family. Joe Correnti,
Esq. representing petitioner. We are here this evening requesting a variance
to construct a single family dwelling on this undersized lot. This is an R-1
district, the use is allowed. The structure will meet all other requirements
except for lot size. Will be in conformance with other homes in the area. In
1931, the City Council took land and created Bertuccio Ave. , this made the lot
less than 5,000 sq.ft. and the frontage and the frontage less than 50 feet.
You may have notice this has become an unkempt lot and what we have done is
clean the lot up with the idea of creating single family dwelling. We ask the
Board to grant this. Mr. Luzinski: drive way on the Bertuccio side? Yes,
did not want cars backing out onto Jefferson. Mr. Plante: Is front on
Bertuccio? Mr. Correnti: the front will be on Jefferson. Will be uniform
with other houses in the area. The address will be 2 Bertuccio. Mr. Plante:
Will this be owner occupied? Not sure. Right now we want to make it a
buildable lot and perhaps sell it. Mr. Plante: the address should be
Jefferson Ave. Mr. Correnti: we have frontage on two ways, the Assessor has
the address as 2 Bertuccio. We can take the frontage off either. We though
it would be more uniform as all the houses were facing on Jefferson. no one
appeared in favor or in opposition. Hearing closed. Mr. Touchette. One
concern that it we a 1 1/2 story dwelling, I would like that to be a
condition. Mr. Bencal: we can put that it only be a single family but as
long as it does not exceed the height requirements, that is all we can do.
Mr. Touchette: I am concerned, I just want to make sure it is only a single
family. Mr. Bencal: there is a size on the plan, is that absolute or what?
Mr. Correnti: all dimensions are approximate but the size shown is all we can
do because we are not asking for any relief from setback requirements. Mr.
Bencal: if they wanted to make any changed to the footprint they would have
to come back to the Board. I do have a question regarding the hardship.
Would you be saying the taking of the land created a hardship. Mr. Correnti:
I think the hardship before the Board is only 22 feet lacking the required
5,000 sq.ft. and without a variance we would not be able to use the land for
anything. The lot was 5,000 before the City took part of it. Mr. Bencal:
why now and not 20 years ago? Mr. Correnti: I dont know why and I would
not want to speculate. Mr. Grealish made the motion to grant subject to the
following conditions, petitioner comply with all city and state statutes,
ordinances, codes and regulations, all construction be done by legal building
permit, petitioner comply with all requirements of the Salem Fire Dept.
relative to smoke and fire safety and petitioner obtain proper street
numbering from the Salem Assessor and display said number so as to be visible
from the street. Mr. Touchette seconded.
UNANIMOUSLY GRANTED.
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DECISION ON THE PETITION OF ROBERT HARRINGTON, TR. , P & P HERITAGE TRUST
FOR VARIANCE AT 2 BERTUCCIO AVENUE (R-1) v
A hearing on this petition was held January 27, 1993 with the following
Board Members present: Richard Bencal, Chairman; Francis Greaiish Jr. ,
Edward Luzinski, Stephen Touchette and Associate Member Ronald Plante.
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, owner of the property, is requesting a variance from lot size
to allow construction of a single family dwelling and garage. Property is
ocated in an R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
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, and after viewing the plans, makes the following findings
of fact:
1. Parking for two vehicles can be provided on site.
2. The lot is question had been in harmony with other lots in the general
area until the City had taken a portion of the lot for the rounding off
of the street corner at Bertuccio and Jefferson Avenues. This caused a
hardship to the owner.
3. The proposed dwelling will not substantially alter the existing
character of the neighborhood, and will not be a detrimental use.
DECISION ON THE PETITION OF ROBERT HARRINGTON, TR. , P & P HERITAGE TRUST
FOR VARIANCE AT 2 BERTUCCIO AVENUE, SALEM
page two
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 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 unanimously, 3-0, to grant the
variance 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 by legal building permit.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner shall obtain proper street numbering for the City of Salem
Assessors office and shall display said number so as to be visible from
the street.
VARIANCE GRANTED
January 27, 1993
Richard A. Bencal,Chairman
Board of Appeal
l
DECISION ON THE PETITION OF ROBERT HARRINGTON TR. , P & P HERITAGE TRUST
FOR VARIANCE AT 2 BERTUCCIO 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
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
SCHEDULE A
The Petitioner is the owner of the property at the corner of
Jefferson Avenue and Bertuccio Avenue, consisting of 4,978 square
feet. The Petitioner wishes to build a single family dwelling and .
garage on the lot in this R-1 Zone, as shown on the plan submitted
with this application. The proposed dwelling and garage would be
in compliance with the Salem Zoning Ordinance for front, side and
rear setbacks, open area and parking. The proposed lot, however,
is 4,978 square feet; the current Ordinance calls for 15, 000 square
feet. The petitioner will have off-street parking for two
vehicles. Attention will be paid to the landscaping and aesthetics
of the area.
It is submitted that the proposed dwelling will be in keeping
with the existing buildings in the area and the size of the lots
on which the abutting dwellings are built. The square footage of
the five lots in the immediate area of the subject parcel are 5000,
4987, 6016, 5000, and 5000, respectively. The Petitioner's lot
originally was 5, 000 square feet and in compliance with past zoning
requirements until the City, through a land taking, took a portion
of the lot in order to round off the corner of Jefferson and
Bertuccio Avenues. But for this land taking, the Petitioner's lot
would be 5, 000 square feet. The proposed dwelling will not
substantially alter the existing character of the neighborhood.
In fact, the development of the lot will clean up an area overgrown
with uncared-for shrubbery.
The proposed dwelling and garage will not be detrimental to
the public good, but rather will enhance the neighborhood and the
surrounding residential property values.
Experienced, professional people, will be retained and their
work will conform to all of the code requirements while being
sensitive to the effect of the proposed dwelling on the neighboring
properties.
The Petitioner will suffer a hardship if he is unable to
develop the lot. All of the dwellings in the immediate area are
built on lots of approximately the same size as the subject parcel.
To deny the Petitioner his request would be to deny him use of his
lot in like manner to the abutters due to an event, the City land !
taking, which was unique to the Petitioner's property.
The petitioner requests a variance from the Salem Zoning
Ordinance for the purpose of building a single family dwelling and
garage as shown on the attached plans.
1/b.a/ha
CITY OF SALEM
..,BOARD OF APPEAL I�
745-9595 Ext. 381
WA'I hold a public hearing for all persons inter- _
ested in the, petition submitted by ROBT.
HARRINGTON, TR. for a Variance to allow con-
struction of a single family dwelling and garage
at 2 BERTUCCIO AVE.(R-p. Said hearing to be -
held WEDNESDAY,JANUARY 27,1993 AT 7:00
P.M., ONE SALEM GREEN, second floor.
RICHARD A. BENCAL, Chairman
January 13, 20, 1993 -- - SN83508 "
APPEAL CASE N0.
T �
(ilit� elf "Salem' cfflassar4usetts
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Pub of JAFpeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .. . .Z . Beriuccln.Axei .. . . .. . . . . . . .. . . . .. .. . .. . . .. . . . . ...9VPBt , Zoning District. .ai . .
Ek.. .ta�skst.&¢asa�uic}�iaux . . . . . . . . . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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: ,
See Schedule A, attached.
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Owner. . . ..%.. ..
o G o P & P Heritage Trust
Address..17 .01vyes.Bvad. .Georsetvyv, .M6. . . . ,,
� Q U
Telephone. .c/.q.Jvho.B,.Serafinl..Sc.. . .. .. ..
(508) 744-0212
Petitioner. .Rghect .Harrinstvv, .Trustee .vf . ..
P & P Heritage frust
Address.c/,q ,.Iggq.41 .Seraflni. .$c%
Date, . �r,.Ja��arx 5, 193 63 Federal Street, Salem, MA 0197'
Tele honne..M§1 .?jj-.4?14. . . . .. . . . .. . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
,IAppeals with a check, for advertising in the amount of... . . . . . . . . ...
dour weeks prior to the meeting of the Daard of Appeals. Check payable to The
4wening News.
-
SCHEDULE A
The Petitioner is the owner of the property at the corner of
Jefferson Avenue and Bertuccio Avenue, consisting of 4,978 square
feet. The Petitioner wishes to build a single family dwelling and
garage on the lot in this R-1 Zone, as shown on the plan submitted
with this application. The proposed dwelling and garage would be
in compliance with the Salem Zoning Ordinance for front, side and
rear setbacks, open area and parking. The proposed lot, however,
is 4,978 square feet; the current Ordinance calls for 15,000 square
feet. The petitioner will have off-street parking for two
vehicles. Attention will be paid to the landscaping and aesthetics
of the area.
It is submitted that the proposed dwelling will be in keeping
with the existing buildings in the area and the size of the lots
on which the abutting dwellings are built. The square footage of
the five lots in the immediate area of the subject parcel are 5000,
4987 , 6016, 5000, and 5000, respectively. The Petitioner's lot
originally was 5,000 square feet and in compliance with past zoning
requirements until the City, through a land taking, took a portion
of the lot in order to round off the corner of Jefferson and
Bertuccio Avenues. But for this land taking, the Petitioner's lot
would be 5, 000 square feet. The proposed dwelling will not
substantially alter the existing character of the neighborhood.
In fact, the development of the lot will clean up an area overgrown
with uncared-for shrubbery.
The proposed dwelling and garage will not be detrimental to
the public good, but rather will enhance the neighborhood and the
surrounding residential property values.
Experienced, professional people, will be retained and their
work will conform to all of the code requirements while being
sensitive to the effect of the proposed dwelling on the neighboring
properties.
The Petitioner will suffer a hardship if he is unable to
develop the lot. All of the dwellings in the immediate area are
built on lots of approximately the same size as the subject parcel.
To deny the Petitioner his request would be to deny him use of his
lot in like manner to the abutters due to an event, the City land
taking, which was unique to the Petitioner's property.
The petitioner requests a variance from the Salem Zoning
Ordinance for the purpose of building a single family dwelling and
garage as shown on the attached plans.
1/b.a/ha
DRAFT - 2 BERTUCCIO AVE. - ROBERT HARRINGTON, TR. 1/27/93
Requesting Variance to allow construction of single family. Joe Correnti,
Esq. representing petitioner. We are here this evening requesting a variance
to construct a single family dwelling on this undersized lot. This is an R-1
district, the use is allowed. The structure will meet all other requirements
except for lot size. Will be in conformance with other homes in the area. In
1931, the City Council took land and created Bertuccio Ave. , this made the lot
less than 5,000 sq.ft. and the frontage and the frontage less than 50 feet.
You may have notice this has become an unkempt lot and what we have done is
clean the lot up with the idea of creating single family dwelling. We ask the
Board to grant this. Mr. Luzinski: drive way on the Bertuccio side? Yes,
did not want cars backing out onto Jefferson. Mr. Plante: Is front on
Bertuccio? Mr. Correnti: the front will be on Jefferson. Will be uniform
with other houses in the area. The address will be 2 Bertuccio. Mr. Plante:
Will this be owner occupied? Not sure. Right now we want to make it a
buildable lot and perhaps sell it. Mr. Plante: the address should be
Jefferson Ave. Mr. Correnti: we have frontage on two ways, the Assessor has
the address as 2 Bertuccio. We can take the frontage off either. We though
it would be more uniform as all the houses were facing on Jefferson. no one
appeared in favor or in opposition. Hearing closed. Mr. Touchette. One
concern that it we a 1 1/2 story dwelling, I would like that to be a
condition. Mr. Bencal: we can put that it only be a single family but as
long as it does not exceed the height requirements, that is all we can do.
Mr. Touchette: I am concerned, I just want to make sure it is only a single
family. Mr. Bencal: there is a size on the plan, is that absolute or what?
Mr. Correnti: all dimensions are approximate but the size shown is all we can
do because we are not asking for any relief from setback requirements. Mr.
Bencal: if they wanted to make any changed to the footprint they would have
to come back to the Board. I do have a question regarding the hardship.
Would you be saying the taking of the land created a hardship. Mr. Correnti:
I think the hardship before the Board is only 22 feet lacking the required
5,000 sq.ft. and without a variance we would not be able to use the land for
anything. The lot was 5,000 before the City took part of it. Mr. Bencal:
why now and not 20 years ago? Mr. Correnti: I dont know why and I would
not want to speculate. Mr. Grealish made the motion to grant subject to the
following conditions, petitioner comply with all city and state statutes,
ordinances, codes and regulations, all construction be done by legal building
permit, petitioner comply with all requirements of the Salem Fire Dept.
relative to smoke and fire safety and petitioner obtain proper street
numbering from the Salem Assessor and display said number so as to be visible
from the street. Mr. Touchette seconded.
UNANIMOUSLY GRANTED.
DATE OF HEARING
PETITIONER /pZ
LOCATION
MOTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
'70 CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD EENCAL v
Q/ FRANCIS GREALISH
E01.0,10 LUZINSKI ✓
STEPHEN TOUCHETTE
ASSOCIATE !,IEMBERS
RONALD Pf.ANTE
CONDITIONS:
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Uanra of _Au}reul
DECISION ON THE PETITION OF ROBERT HARRINGTON, TR. , P & P HERITAGE TRUST
FOR VARIANCE AT 2 BERTUCCIO AVENUE (R-1)
A hearing on this petition was held January 27, 1993 with the following
Board Members present: Richard Bencai, Chairman; Francis Grealish Jr. ,
Edward Luzinski, Stephen Touchette and Associate Member Ronald Plante.
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, owner of the property, is requesting a variance from lot size
to allow construction of a single family dwelling and garage. Property is
ocated in an R-1 district.
The Variance which has 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 structure involved and which are not generally affecting
other lands, buildings and structures involved.
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 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, and after viewing the plans, makes the following findings
of fact:
1. Parking for two vehicles can be provided on site.
2. The lot is question had been in harmony with other lots in the general
area until the City had taken a portion of the lot for the rounding off
of the street corner at Bertuccio and Jefferson Avenues. This caused a
hardship to the owner.
3. The proposed dwelling will not substantially alter the existing
character of the neighborhood, and will not be a detrimental use.
DECISION ON THE PETITION OF ROBERT HARRINGTON TR. , P & P HERITAGE TRUST
FOR VARIANCE AT 2 BERTUCCIO 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
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
:J
DECISION ON THE PETITION OF ROBERT F.ARRINGTON, TR. , P S P HERITAGE TRUST
FOR VARIANCE AT 2 BERTUCCIO AVENUE, SALEM
page two
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 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 unanimously, 5-0, to grant the
variance 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 by legal building permit.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner shall obtain proper street numbering for the City of Salem
Assessors office and shall display said number so as to be visible from
the street.
VARIANCE GRANTED
January 27, 1993
Richard A. Bencal`Chairman
Board of Appeal
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