410 LORING AVENUE - FUSCO, MICAHEL - ZBA 410 Loring Ave. R-1
Michael Fusco
410 Loring Ave. R-1
Michael Fusco
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DECISION ON THE PETITION OF MICHAEL J . FUSCO FOR A
VARIANCE AT 410 LORING AVE. (R-1 )
A hearing on this petition was held July 15, 1987 with the following Board Members
present: James Fleming, Vice Chairman; Messrs. , Bencal, Luzinski, Strout and
Associate Member LaBrecQue. 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, owner of the property, is requesting a Variance from setback
requirements to allow for the construction of a porch in the rear of 410 Loring
Avenue. 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 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 petiitoner;
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 tee
hearing, makes the following findings of fact:
1 . No opposition to the petition was presented at the hearing,
and Councillor John Nutting spoke in favor of granting the
requested relief;
2. The existing porch is in bad repair, and is quite unsafe, especially
for the children who reside in the dwelling;
3. The location of the proposed porch is the best and only location
possible from an asethetical, financial and practical viewpoint;
4 . The proposed porch will be twenty feet from the rear property line.
$ 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
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but not the district generally;
2.� Literal enforcement of the provisions of the Ordinance would involve a
substantialy hardship to the petitioner;
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DECISION ON THE PETITION OF MICHAEL J . FUSCO FOR
A VARIANCE AT 410 LORING AVE. , SALEM
page two
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, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The petitioner obtain a building permit from the Inspector of
Buildings, City of Salem
2. All construction be in conformity with the requirements of the
Massachusetts Building Code;
3. The construction of the porch be in accordance with the plans
submitted to the Board of Appeal.
VARIANCE GRANTED o
James M. Fleming, Esq. `
Vice Chairman, Board of 'Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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