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9 SUTTON AVENUE - BUILDING INSPECTION �; ' i a ; , , , CITY OF SALE1110119 MASSACHUSETTS CITY Of SALEM MA c BOARD OF APPEAL ggVy 120 WASHINGTON STREET, 3RD FLOOR CLERrI -� ©rF r ICES SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 ,1003 NOY 26 A IIS STANLEY J. USOVICZ, JR. 2 MAYOR DECISION OF THE PETITION OF NAREG & NANCY GRIGORIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUE R-1 A hearing on this petition was held November 19, 2003 with the following Board Members present: Nina Cohen, Stephen Harris, Nicholas Helides and Bonnie Belier. 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 side and rear setbacks to allow construction of an addition for the property located at 9 Sutton 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 structure 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 plans, makes the following findings of fact: 1. Petitioners are homeowners seeking relief from rear and side setback requirements to build a residential addition to their turn of the century home. This Board rejected their initial building plans in February 2003 due to objections from abutting homeowners. Following that decision petitioners revised their plan and in September 2003 obtained permission to re-apply to this Board within the two- year time frame on the grounds that specific and material changes were made to the proposed project. 2. The proposed two-story addition to the Grigorian's home is designed in keeping with the architectural style and period of the house. The roofline will be extended to the rear of the house and on the first floor; a wraparound porch will extend to within 6 feet of the rear property line. To the left of the front door, the proposed new porch will extend to within 4 feet of the property line. r DECISION OF THE PETITION OF NAREG & NANCY GRIGORIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUE R-1 page two 3. There was considerable discussion about the impact of the increased density upon thesurrounding properties. Many neighbors wrote in support of the proposed addition, but abutter, Mike Townsend of 111 Columbus Avenue was concerned that the proposed addition might close access to safety vehicles. He also thought that the proximity to his garage raised issues regarding fire safety in the Gregorian's home. 4. Abutters Arouth, Nuncio, Flickenstein and Ford had no objection to the petition, Which was also supported by Annette Potay of 10 Sutton Avenue, Larry Spang of 125 Columbus Avenue, Joseph & Annette Caruso of 16 Sutton Ave, Anne O'Shea of 15 Winter Island Road and Lawrence Campbell of 14 Sutton Avenue. 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 which especially affect the subject property but not the 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 4-0 to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing the existing structure. 7. Project shall be completed within 12 months. T DECISION OF THE PETITION OF NAREG & NANCY GRIGORIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUE R-1 page three Variance Granted November 19, 2003 Nina Cohen Board of Appeals J A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 certificate of the City Clerk that 20 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 C1rY C F= SALEP1 MPs.:.'SACKC U"SLfT'S Cli Ji SAI EM MA CLERKS OFFICE c� BOARD OF APPEAL 120 WASHINGTON STREET.'3RD FLOOR SALEM. MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 .1003 FEB 25 P h 35 STANLEY J. USOVICZ, JR. MAYOR DECISION ON THE PETITION OF NAREG GRIGORIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 9 SUTTON AVENUER-2 A hearing on this petition was held on February 19, 2003, with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Joan Boudreau, Richard Dionne and Nicholas Helides Notice of the hearing was sent to abutters and other 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 side and rear setbacks to construct a 12 x 24 addition for the property located at 9 Sutton Avenue located in an R-2 zone. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit 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 involve substantial hardship, financial or otherwise, to the petitioner 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. Petitioner, owner of the property requests a variance from right side and rear setback to construct a two story 12 x 24 addition. The rear setback would be 7" and the side setback would be 4". 2. Mr. Grigorian presented his petition with his architect present to assist with Details. The addition would be built to complement and match the existing structure. 3. Mike Townsend, 111 Columbus Avenue is an abutter to the rear of 9 Sutton Avenue objected to the addition for the following reasons; addition to close to his property line and the addition would take his view of the skyline away. 4. Dianne Burns an abutter to the petition feels the addition would impede views from her property 5. Letters were sent in favor of the petition were from an abutter at 11 Sutton Ave., 117 Columbus Ave, and the abutter at 14 Sutton Ave. DECISION ON THE NAREG GRIGORIAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED A 9 SUTTON AVENUE R-2 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 do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3 in favor and 2 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED FEBRUARY 19, 2003 ��' St✓� an Boudreau Board of Appeal 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 MGL 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 MGL 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 passed 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 owners Certificate of Title. Board of Appeal