4 LOONEY AVENUE - FOUHEY, ROBERT & F KAY - ZBA 4 Looney Ave.~ R-1
Robert & F. Kay Fouhey
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CITY OF SALEM
BOARD OF APREAL
745-0215
Will hold a Public Hearing for all persons in-
terested in the petition submitted by Robert&F. -
Kay Fouhey for a Variance from rear&side set-
back requirements in order to construct an 8'x12'
storage shed at 4 Looney Ave. (R-1). Said hear- j..
ing to be held Wednesday,August 14,1985 at 7:00 .
P.M.,One Sale 2nd floor.-
JAMES Green'B.HACKER, Chairman -�
July 31,August 7, 1985
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`Y
CITY OF SALEM
I BOARD OF APPEAL
j 745-0215 kWill hold a Public Hearing for all persons in- --'
terested in the petition submitted by Robert&F. _
Kay Fouhey for a Variance from rear&side set.
back requirements in order to construct an 8'x12'
j storage shed at 4 Looney Ave. (R•1). Said hear-
ing to be held Wednesday,August 14,1985 at 7:00{+ -
P.M., One Salem Green,2nd floor. -
JAMES B.HACKER, Chairman -
Jul
31 August ugust7 1985
1
Titg Of "ittlem, 'Massar4usetts
PuxrD of 'Awttl i
DECISION ON THE PETITION OF ROBERT & F. KAY FOUHEY
FOR A VARIANCE FOR 4 LOONEY AVE. , SALEM
A Public Hearing on this petition was held August 14, 1985 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier,
Luzinski and Strout. 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 Law Chapter 40A.
Petitioners, owners of the property, are requesting a variance from rear and side
setback requirements in order to construct a 8' x 12' shed. The property is
located in an R-1 district.
The Variance which has 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, buildings or structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to 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 careful consideration of the evidence presented. at the
hearing,cL&d after viewing the plans, makes the following findings of fact:
a
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1 . cEQne abuTter appeared with major opposition;
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2. ,,�uildi4% had been partially erected without building permit;
3. _Houses not in compliance with Fire Department code relative to
" nAaliation of smoke detectors.
ILL'
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On the bsiF ofothe above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which affect this lot but do not
generally affect the district;
2. Literal enforcement of the Zoning Ordinance would work a
substantial hardship upon petitioner;
3. The relief requested can be granted without substantial detriment to
the public good and without substantially derogating from the intent
of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF ROBERT & F. KAY FOUHEY
FOR A VARIANCE FOR 4 LOONEY AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, provided that:
1 . The 8' x 12' shed be constructed no closer than ten (10) feet from
side or rear lot line;
2. Shrubbery must be planted at least ten (10) feet tall between the
shed and the side line of property listed as Hillside Ave. ;
3. A Certificate of Compliance must be obtained from the Salem
Fire Department.
VARIANCE GRANTED
4e-a
amen B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS-
APPEAL FROM THIS DECISION, L BE FILED WITH!N 20 DAYS AFTER THE DATE OF FILING
GENERAL LAWS, CHAPTER 808, AND SHAL
OF THIS DECISION IN THE OFFICE OF THE CITU CLERK.
PURSA14T TO ASASS. CEiJERAL LAWS, CHAPTER SOS. S=CTIDiJ 11, THE VARIP.f4CE OR S', THE PERMIT
_fJ FILED,
Gis
RATED OF THE CITYLCLERK 'i HA.f 20t oAYSU'r 4\EAELA FSED FAI DEN^`APPEAL BHAS•SEETHE CER
OR THAT, IF
SUCH AN APPEAL HAS BFEir' HLE, THAT IT tIAS BEEN DI:J•JISS`_0 OR DENIED T
NDEXED
RECORDED
OF IN THE SOL'IH
IS RELORDEESSEX
ANURNDTED YON FTHEEOWNER'S LIS AND 'CERTIFICATE OF TITLUNDER THE E NAME OF THE OWNER
BOARD OF APPEAL
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Robert E . & F. Kay Fouhey
4 Looney Avenue
Salem, MA 01970
August 14, 1985
Board of Appeals
City of Salem
One Salem Green
Salem, i,IA 01970
Gentlemen:
My wife and I are requesting the granting of a variance
for the purpose of constructing a shed. We would like to have
a shed to store items such as bicycles , sleds , an
electric lawnmower, garden tools and other miscellaneous items .
Due to the unique ,design of our lot , construction of a garage
for the purpose of storage is not feasible . In past years we
have also experienced water seeping into the cellar of our home
and would prefer not to store items in the basement where they
could possibly be water damaged. Presently, the bicycles and lawn-
mower are stored in the cellar and must be carried over a flight of
stairs to bring them out-of-doors . Having a shed, would allow our
three children easy access to their bicycles and be much safer
than trying to carry heavy or awkward items over stairs .
The purpose of locating the shed in the area designated on
the plot plan is because of the uniqueness of the plot and the
existence of a large maple tree, which prevents the shed from being
moved closer to our house. As there are other structures such a
a garage and shed in other yards in the neighborhood, we feel
that our shed will not detract from the overall appearance of the
area, obstruct anyone' s view, or decrease the value of their
property.
Sincerely,