412,410 LORING AVENUE - FUSCO, MICHAEL & JOSEPHINE - ZBA 412 & 410 Loring Ave. R-1
Michael & Josephine Fusco
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AND 3 RIVERVIEW ST. —
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MICHAEL P. MCCARRON
ATTORNEY AT LAW
AROI R MORSE
98 J PL 9T8 DAN &MA8 .01929 617"/ 71W
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Ctg of tt1em, ttssttcljusetts
Pottrb of � ettl
DECISION ON THE PETITION OF MICHAEL AND JOSEPHINE FUSCO
FOR VARIANCES FOR 410-412 LORING AVENUE 6 3 RIVERVIEWST. Au
A hearing on this petition was held February 26, 1986 wAffthl ft[14�SAK'F6
Board Members present: James Hacker, Chairman; Messrs. , nn��al,
Charnas, Strout and Associate Member Dore. Notice of theF eeAring
was sent to abutters and others and notices of the hear to
properly published in the Salem Evening News in accordanceYwith M-MASS.
Massachusetts General Laws Chapter 40A.
Petitioners, owners of the premises, request Variances as stated
in their petition to allow them to redistribute the amount of land
in Lots A, B, and C, and to allow them to construct a single family
house on Lot C, all as shown on plans submitted by petitioners to
this Board. The properly is located in an R- 1 district.
The Variances which have 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 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, and after viewing the plans, makes the
following findings of fact:
1 . the topography of the current (and proposed) Lot C is such
that it is difficult to develop, containing much ledge
and changes in elevations. This finding is supported by
the testimony of Earl Townsend, a Registered Civil Engineer,
who also testified (and this Board believed) that this
topography is unique in the district;
2. The topography of Lot C, and its status as an underdeveloped
non-wetlands property, makes it unique in the district ;
3. If the requested relief is denied, petitioners will suffer
substantial hardship, since there is no other financially
feasible and appropriate use of this Lot C other than for
a single family dwelling;
DECISION ON THE PETITION OF MICHAEL AND JOSEPHINE FUSCO
FOR VARIANCES FOR 410-412 LORING AVENUE AND 3 RIVERVIEW
STREET, SALEM
page two
4. There are other similarly undersized lots in the area that
contain development , and the proposed plan would be in
harmony with the rest of the area;
5. The complaints of the abutter presented at the hearing
are not valid, particularly considering that the distance
of the proposed house to the abutters lot line is in keeping
with the requirements of the Ordinance.
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 affect the lot in question
and do not generally affect the district;
2. Literal enforcement of the Ordinance would create a substantial
hardship on the petitioner; and
3. The relief requested can be granted without substantially
derogating from the intent of the district or the purpose
of the Ordinance and without substantial detriment to the
public good.
Therefore, the the Zoning Board of Appeal voted unanimously, 5-0,
to grant the relief requested, provided that a Certificate of Occupancy
be obtained.
VARIANCES GRANTED
i
Scott E. Charnas, Secretary
A COPY OF THIS DECISION AND PLANS HAVE 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 E;;.S3.
GENERAL L",S, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF F1LI�"6
GP THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PJR'SAIdT TO MASS. GEIIER4L LAWS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PF.—,O
KRAITED HEREN, SHALL NOT TATE EFFECT UNTIL A COPY OF THE DECISbCN. BEARING THE CELL
R i;A11M OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
CR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISIMSSED OR OENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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2 Cedarview St.
Salem, MA. 01970
February 18, 1986
Dear Board Members :
A short time ago we were asked if we had any
objection to the construction of a small building,
on the property, at, 3 Riverview Street by Mr. and
Mrs. Fusco. Our reply was that we thought it was a
very good idea and would make use of an idle piece
of property.
If this note has any-bearing on a decision
that has to be made by this Board than let it be
known that we are both for this Board to allow them
to build.
Mr. and Mrs. Norman Bishop
I
WE, THE UNDERSIGNED RESIDENTS IN THE CEDARVIEW STREET AND LORING AVENUE
AREA, WISH TO BE RECORDED IN FAVOR OF GRANTING A VARIANCE AND/OR A SPECIAL
PERMIT TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING AT 3 RIVERVIEW
STREET, SALEM, MASS.
NAME ADDRESS
F
/ I
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
GERARD KAVANONE SALEM GREEN
CITYYPLANNER � T � 07970
(617)744-4580
February 26, 1986
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Re: Petition of Michael and Josephine Fusco for Variances to allow
division of property located at 410, 412 Loring Avenue and 3
Riverview Street in order to construct a single family dwelling.
Dear Mr. Hacker:
I am writing to support the above-referenced petition to the Board
of Appeal.
I have reviewed the proposal of the petitioner and have found that
the addition of a single family dwelling will have minimal impact upon
the surrounding neighborhood, will be consistent with the surrounding
lot sizes, and will create no parking problems.
I hope that the Board will look favorably upon this petition.
Thank you for your consideration.
Sin r y rs,
Gerardav n gh
City P an r
r
Office of tate TTitg Toultrit
a . . . 3
� (llitg �ttll
�jpf�I4Me ti'�a�r WARD COUNCILLORS
GEORGE P. MCCABE 1986
COUNCILLORS-AT-LARGE PRESIDENT
1986 GEORGE A. NOWAK
JOSEPHINE R. FUSCO KEVIN R. HARVEY
-
ROBORT E. GAUTHIER CITY CLERK VINCENT J. FURFARO
FRANCES J. GRACE LEONARD F. O'LEARY "
NEIL J. HARRINGTON JEAN-GUY J. MARTINEAU
RICHARD E. SWINIUCH GEORGE P. MCCABE
JOHN R. NUTTING
February 26, 1986
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Re: Petition of Michael and Josephine Fusco for Variances to allow
division of property located at 410, 412 Loring Avenue and 3
Riverview Street in order to construct a single family dwelling.
Dear Mr. Hacker:
I am writing to express my support for the above—referenced
petition to the Board of Appeal.
The Applicant' s proposal for a division of existing property for an
additional single family dwelling will have minimal impact upon the
density of the neighborhood, will create lots which are consistent in
size with surrounding lot sizes, and no parking problems will be
created.
I hope that the Board will look favorably upon this petition.
Thank you for your consideration.
S'i_nc_e_rreelyy /yours,
Leonard F. O'Leary
Councillor, Ward Four
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