4 SCENIC AVENUE - BUILDING INSPECTION 4 SCENIC AVENUEt
l
' CITY OF SALEM, MASSACHUSETTS CIGLERI(S OFFIOF CER
�c BOARD OF APPEAL _
1 (Ad 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595 1UUU
STANLEY J. USOVICZ, JR. JUN 2
FAX (978) 740-9846 . . 3 A ja 52
MAYOR
DECISION ON THE PETITION OF JOHN JERMYN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 4 SCENIC AVENUE R-1
A hearing on this petition was held on June 16, 2004 with the following Board Members
present; Nina Cohen Chairman,Bonnie Belair,Nicholas Helides, Stephen Harris 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 front yard setback to construct an 8 x 8
covered entry for the property located at 4 Scenic Avenue located in an R-1 zone.
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 structures 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 plane, makes the following findings of fact:
1. The Petitioner appeared and represented himself at the hearing.
2. The petitioner requests a front yard setback to construct an 8 x 8 covered entry.
3. The hardship is based on slope and contour of land parcel.
4. The requested setback will be 7'6"from the front yard setback.
5. There was no opposition to the proposed petition.
r
DECISION ON THE PETITION OF JOHN JERMYN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 4 SCENIC AVENUE R-1
page two
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 when especially affect the subject property but not he
District.
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 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with the existing
structure.
5. A Certificate of Occupancy shall be obtained.
Variance Granted
June 16, 2004 Z4�
Nicholas Helides
Board of Appeal J
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 date of filing
of this decision in the office of the City Clerk Pursuant to Massachusetts General Laws
take
Chapter 40A, Section 11, the Variance or Special Permit granted herein shall n
effect until a copy of the decision bearing the certificate of the City Clerk that of 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