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DECISION OF THE PETITION OF KEVIN O'DONNELL REQUESTI 'G-A;
VARIANCE FOR THE PROPERTY LOCATED AT`53'WEST AVENUE R'-
A hearing on this petition was held January 17, 1996 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Arthur LeBrecque and Joseph Ywuc. 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.
Petitioner, owners of the property request a Variance to add a second story
addition for the property located at 53 West Avenue.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner recently acquired the property which had been in
foreclosure. The property has been in disrepair and unoccupied for
sometime.
2. Petitioner intends to add a second story to the building located on the
property. The proposed addition will add a one foot overhand to the
front and back of the building over the existing footprint of the
current building.
3. The surrounding neighborhood consists primarily of 2 story structures.
4. Petitioner intends to rehabilitate the property for his personal use or
for resale as a single family home.
5. Karen Reardon, 26 West Terrace, a realtor ,spoke in favor of the
requested variance.
6. There was no opposition to the requested variance although neighbors
appeared to express their concerns about the property.
7. Pauline Morency, 4 West Avenue, a direct abutter, expressed concerns
about an existing fence and some trees along the property line as well
as the current conditions of the property.
8. Robert Brennan, 3 West Terrace, expressed his concern relating to the
current state of disrepair of the property.
On the basis of the above findings of fact, and on the ,evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITTnN OF KEVIN O'DONNELL REOUEST_NG A
l VARIANCE FOR THE PROPERTY LOCATED AT 53 WEST AVENUE (R-1 )
page two
3 . Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or 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. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted specifically with regard to the additional one foot overhang
over the existing footprint of the building at the front and back of
building.
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. A Certificate of Occupancy is to be obtained.
Variance Granted �O �C•�t � �SC^�)
January 17, 1996
Gary Barrett
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 Massachusetts General Laws 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 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 certification of the City Clerk that 20
days have elapsed 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 owner's Certificate of Title.
Board of Appeal
AJS
ROBERT J. SWAJIAN & ASSOCIATES, INC.
INSURANCE ADJUSTERS
161 SOUTH MAIN STREET
MIDDLETON.MA 01949
TELEPHONE(508)777-1400
FAX(508) 777-2255
FORM OF NOTICE OF CASUALTY LOSS
TO BUILDING
UNDER MASS. GEN. LAWS, CH. 139, SEC. 3B
c
TO: Building Commissioner or Board of Health
Inspector of Buildings Board of Selectman
CITY (TOWN) HALL V;V
addresses
CaQomIMAoIF;? v
\
RE: INSURED: 1 1Q x°02
PROPERTY ADDRESS:
POLICY NO: S ao10
LOSS OF: _��-� �fi✓o 4J
FILE OR CLAIM NO: I a �
Claim has- been made involving loss , damage or destruction of the
above captioned property, which may either exceed $1 , 000.00 or
cause bass Gen Laws Chapter 143 , Section 0 to be applicable.
If any notice under Mass Gen Laws Chanter 139 Section 3B is
appropriate please direct it to the attention of the writer and
include a reference to the captioned insured, location, policy
number, date of loss , and claim or file number.
ADJUSTERS
TI-
TLE-On this date, I caused copies of this ndticeto be sent to the
persons named above at the addresses indicated above by first class
mail .
/
Robert J Swaj
"r' l n, Adjuster
Ai a At^�
.nIgAHj
Dann
JOLT 6'IT-
LDND BUILDING
CITY OF SAL,-:.p
SALEM, MASSA(,. : ISE; 'S 01970 PERMIT
�>rnNe oD�
_rUNF 21 96 326-1996
DATE /9 PERMIT NO.
APPLICANT TOM LEONARD ADDRESS '' = Hi-2IXOLC ';+.D EX,T 1574
(NO.) (STREET) (CONTR'S LICENSE)
CITY `:'EADDDY STATE MA ZIPCODE 01961L1 TEL.NO. 508-5.31-1635
PERMIT TO ADDITION ) ONE FAMILY NUMBEROF 1
(TYPE OF IMPROVEMENT ( NO. STORY (PROPOSED USE) DWELLING UNITS
AT(LOCATION) 10053 WEST AVENUE ZONINDISTRIcT R-1
(NO.) (STREET)
BETWEEN AND
(CROSS STREET (CROSS STREET
SUBDIVISION MAP33 Lor E42 BLOCK sOT 12,004674 SQ FT
BUILDING IS TO BE FT.WIDE BV FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: BUILD 2ND FLOOR ADDITION AS PER BOARD OF APPEAL APPROVAL & PLANS SUBMITTF
AREA PERMIT
VOLUME 50. 000 305. 00
VOLUME ESTIMATED COST. FEE
(CUBIC/SQUARE FEET)
OWNER O' DONNELL KEVIN BUILDING DEPT.
ADDRESS PO PDX 8 BY L. E. T
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
llllpON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEVGRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MIN IM UM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK: POSTEDUNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY. "
POST THIS CARD SO IT IS Yy1SIBLE FROM STREET
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION OVALS ELECTRICAL INSPECTION APPROVALS
C9 70-7
BOARD OF HEALTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
CERTIFICATE,OF OCCUPANCY ;/µ ` ,; i%A'; %; 5f"'�� �•"'�
Issued: � Permit III.3_..��es -
OT R CIT 2 p
WORK SHALL NOTRRfQRpI�IIyyjHE� PER IT WILL BECOME NULL AND VOID IF CONSTRUCTION WORTCIS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED TF1 VARItJUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONS7AUOTION. ^�"° OR WRITTEN NOTIFICATION.
..'a c [AS NOTED ABOVE. _ -(