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DECISION OF THE PETITION OF NORMAN J. FUSCO REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 9 BARCELONA AVENUE (R-1 )
A hearing on this petition was held September 20, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, Joseph Ywuc and Arthur LeBrecque. 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 enlarge non
conforming structure to add a second floor for the property located at 9
Barcelona Avenue (R-1) .
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. Ward 4 Coucillor Leonard O'Leary spoke in favor of the petition.
2. Mr. Gallo, 8 Barcelona Avenue, spoke in favor of the petition.
3. Mr. Pierro, 2 Barcelona Avenue spoke in favor of the petition.
4. There was no opposition to the petition.
5. The proposed construction will not alter the existing footprint of the
current dwelling and will not effect any of the now existing setback.
6. The proposed construction will add a second floor to the existing one
story Cape home.
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 PET--ION OF NORMAN J . FUSCO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 9 BARCELONA AVENUE (R-1 `
page two
3. Desirable relies" 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. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Exterior finishes of the new construction shall be in harmony with the
exterior finishes.
6. All construction shall be done as per the pians and dimensions
submitted.
Variance Granted
September 20, 1995 fid �Sr
Gary Barrett, Member
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. �, cn
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Board of Appeal
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Trl!F C. O. COPY
CERTIF. AT�OF.000UPA�
CITY OF SALEM a IG 6
Issued: Permit
`�1 ►�a SALEM, MASSACHUSETTS 01970
1-City of Salem,Building Dept.
DATE NOVEMBER IZ12 19 95 PERMITNO. 593-1995
APPLICANT JOHN KENNY ADDRESS 4!7..177 MYSTIC AVE SUITE 34
(NO.) (STREET) (CONTR'S LICENSE)
CITY MEDFORD STATE MA ZIPCODE 02155 TEL.NO. E1.7-393-9899
MBER OF
PERMIT TO ADD I T 101`,1 NUELLING
( ) STORY ONE 't=Ah'ii OP DWELLING UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
ZONING
AT(LOCATION) 0009 BARCELONA AVEI\!___ DISTRICT
(NO.) (STREET)
BETWEEN. AND
(CROSS STREET) (CROSS STREET)
LOT SUBDIVISION MA-' QIIB LOT 0 BLOCK SIZE 0014451D _ 10 !"
BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: r(!^'r`T.<I 'Ci' -:-ri)ND FLIDDE H1DL' Cl1'j A_3 F.�E;d C-i RNS S' BY{ �.TT L N IY'
VOLUME ESTIMATED COST$ 20 010 FEE PERMIT _
7 lAREA OR ICI I
(CUBICISQUARE FEET)
OWNER FUSC I Nr�(,+IY•AI,
BUILDING DEPT.
ADDRESS 9 BARCELGNP, AVE BY
SOP 5-`E COPY
CITY OF SALEM
BUILDING
SALEM, MASSACHUSETTS 01970
PERMIT
pannus
DATE DER 79 PERMIT NO. - -
APPLICANT JOHN KENNY ADDRESS 407R MYSTIC AVE Su-7 - E'r
(NO.) (STREET) (CONTR'S LICENSE)
CITY MIEDFORD STATE MA ZIPCODE 02155. TEL.NO.
PERMITTO ADDT ' 100 i- = 1'r; NUELLING -
(_) STORY—ONE r.L A (PROPOSED
DWELLING UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
ZONING
AT(LOCATION) 001ZI'7, 1aAFi C:Y._LON."i AV'NIU`_ DISTRICT
(N0.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
SUBDIVISION IYI1-A1:' 12'C', LOT 0001 BLOCK SII VIi,_1:! 4=:`G1''- RC) ` 1_
i
BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
ARKS: COM , _ __ �_�.._ Y .IL _ _ r I_ I _ -_J _
•. t{{ 1
Vf l�i G . I `: �aILvta
EA OR PERMIT _ .-
VOLUME ESTIMATED COST +' ��!�I!=' FEE
(CUBtCISOUARE FEET)
WNER F- EDD .. DF,`!a ,..,,
BUILDING DEPT.
DRESS J BARCELONA AVE BY
T S PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY.ENCROACHME S ,.
O UBLIC PROPERTY.NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS W LL
AS PTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE E j
APP ANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. \t
MINI UM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1.F DATIONS ORF TINGS. ELECTRICAL,PLUMBING AND
2.PRIOR ( RAL CERTIFICATE OF OCCUPANCY IS REOUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
�GEAIBERS' DV 70 H NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
EF FANCY. _
''P 1 D' IS VISIBLE FROM STREET
'BVMDING INSPECjI N APPROVALS, PLU SPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
Z 2
BOARDOF HE H y"- GAS INSPECTION APP OVALS ,-FAE DEPT.INSPECTINGAPPROVALS
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WORK LN OT PROCEED UNTIL TrE ! PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK 15' It SPECTIONS INDICA4DON THIS CARD
(NSP TOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STA OF CONSTRUCTION AS NOTED ABOVE. OR WRITTEN NOTiFIOA.TlQw-