25 VARNEY STREET - BUILDING INSPECTION C�3 V-/,uw�) '3� IMMMM9
® CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL ` hL ? - !a
�� .•t 'S
120 WASHINGTON STREET, 3RD FLOOR OFFICE
SALEM, MASSACHUSETTS 01970
TELE►HON[: 978-74S9895
FAx: 978-740-9848
DECISION OF THE PETITION OF ANTHONY GERMANO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 25 VARNEY STREET R-2
A hearing on this petition was held on April 19, 2006 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Robin Stein, Nicholas Halides and
Edward Moriarty. 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 and rear setback to construct an 880
square foot addition for the property located at 25 Varney Street located in a R-2 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 reviewing the plans, makes the following findings of fact:
1. The Petitioner, Anthony Germano, appeared and represented himself at the
hearing.
2. Plans were submitted, showing the proposed addition with the front and rear
setback violations above- referenced. The new construction is needed to
accommodate the Petitioner's growing family, which includes a wife and three
children, who presently exist in a small structure with a limited number of
bedrooms and a small living room.
3. Petitioner discussed the proposal with his neighbors.
4. There was no opposition.
5. Petitioner previously applied for the same Variances for the same proposed
addition to his existing structure, which Petition resulted in a favorable decision
from this Board, granting the Variance relief requested, on May 21, 2003.
.LCI-iK-- ) OFFICE
DECISION OF THE PETITION OF ANTHONY GERMANO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 25 VARNEY STREET R-2
page two 45b APR 21-1 P is-S 1
6. Petitioner encountered unanticipated and unforeseen financial hardship in
obtaining the necessary funds for the proposed addition, within the one—
year timeframe of the favorable variance decision of May 21, 2005.
7. Petitioner was unaware of and therefore neglected to file, a request for an
Extension of the May 21, 2005 Variance and said Variance, therefore, elapsed
as a matter of law, within and on one year from date of issuance.
8. Petitioner represented that he now has the necessary financial assistance in
Place, is intent on proceeding with the same plans for the same needed
Addition for his growing family, and asks the Board to once again authorize the
rather minimal dimensional relief requested for the necessary small addition to
the subject premises.
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 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 statues, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
5. Petitioner shall obtain a building permit prior to beginning any construction.
6. A Certificate of Occupancy shall be obtained.
7. Exterior finishes of the new construction shall be in harmony with the existing
structure.
DECISION OF THE PETITION OF ANTHONY GERMANO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 25 VARNEY STREET R-2
page three
8. Unless this decision expressly provides otherwise, any zoning relief granted does
Not authorize Petitioner to demolish or deconstruct any structure(s) on the property
to an extent greater than 50% of the structure as measured by floor area or
replacement cost. If a structure on the property is demolished by any means to an
extent of more than 50% of its replacement cost or more than 50% of its floor area at
the time of deconstruction, it shall not be reconstructed except in conformity with the
Ordinance.
Variance Granted eAd)lCo
April 19, 2006 natryC—
Board of Appeal
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o y.
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANSI- mZK
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.
1 �o CITY OF SALEM9 MASSACHUSFr,',TTSOF SALEM; MA
BOARD OF APPEAL CLERK'S OFFICE
I
120 WASHINGTON STREET, 3RD FLOOR
flip— SALEM, MA 01970
TEL. (978) 745-9595
FAx (978) 740.9846 27
1003 JUN -4 P
STANLEY J. USOVICZ, JR. I9 '
MAYOR
DECISION OF THE PETITION OF ANTHONY GERMANO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 25 VARNEY STREET R-2
A hearing on this petition was held May 21, 2003 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides and
Joan Boudreau Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from the rear yard setback and front yard setbacks
to construct an addition for the property located at 25 Varney Street located in an R-2
zone.
The Variances, which have been requested, upon a finding 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 this 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. The petitioner appeared and represented himself at the hearing.
2. Plans were submitted showing the proposed addition
3. The new construction is needed to accommodate his family.
4. There was no opposition to this petition.
1
I
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DECISION OF THE PETITION OF ANTHONY GERMANO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 25 VARNEY STREET R-2
page two
On the basis of the above finding of fact, 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 in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petition.
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 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimension 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. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
Variance Granted
May 21, 2003
Bonnie Belair
Board of Appeal
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