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DEC-IS-ION.ON THE—RET_ITION OF JEFFREY J. SANO FOR VARIANCES
AV 5 BUENA VISTA AVENUE -'(R-1 )
A hearing on this petition was held August 22, 1990 with the following Board
Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary; Richard Febonio and Mary Jane Stirgwolt. 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, owner of the property, is requesting a Variance from side and rear
setback requirements to allow construction of a pool deck in the R-1 zone.
The Variance which has been requested may be granted upon a finding by the
Board that:
1 . 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.
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 derogating from the intent of
the district or the purposes of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . Outcroppings of ledge on the property make this the only suitable
location for the deck.
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iJ02. Tfie deck would allow petitioner to safely supervise children swimming
z it the pool .
-+3. A petition was submitted in favor of the deck.
4. No`opposition was presented.
7
to thebasis of the above findings of fact, and on the evidence presented at the
ear=ing, the 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 petitioner.
DECISION ON THE PETITION OF JEFFREY J. SANO FOR VARIANCES
AT 5BUENA VISTA AVENUE, SALEM
page two
3. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All construction be done per existing City and State Building Codes.
2. A legal building permit be obtained for the deck .
3. All construction be done as per plans and dimensions submitted.
VARIANCE GRANTED
August 22, 1990
chard A. Bencal , Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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..� Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Mass. General Laws, chapter 808,and shall be filed within 20 days
o after the date of filing of this decision in the office of the city clerk.
t
ch'n'er 808, Section 11, the Variance
pursuant to A1os. General Laws,
or--pedal Permit ^ranted herein shall not take effect until a copy of the
tieeis:on,be Grip^, the certification of the city clerk that 20 days have
eWpsed and no appeal has been tiled, or that, if such appeal has been
Illed,that it has been dismissed or denied is recorded in the South Essex
Res"of Deeds and indexed under, the name or the owner of record or
11 reoorded and noted on the owner's certificate of Title.
BOARD OF APPEAL'
CtU of �ttlem, �Httssar4useff
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DECI_S_ION_ON THE_P_ E_TI_TION OF JEFFREY SANG FOR A VARIANCE
AT__5_BUENA VISTA AVENUE(iR-1 )
A hearing on this petition was held September 20, 1989 with the following Board
Members present: James Fleming, Chairman, Richard Bencal, Vice Chairman, Messrs. ,
Nutting, Febonio and Associate Labrecque. 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, owner of the property, is seeking a Variance from side setbacks and
building on the same lot to allow construction of a shed in this R-1 zone.
The Variance which has 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;
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 . Not opposition was presented.
2. Outcropping of ledge is prevalent throughout the property and creates a
hardship,making this site the only reasonable site for the proposed shed.
3. The proposed shed will allow petitioner to store yard and family items
in a more convenient place and manner.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally.
2. Literal enforcement of the provisions of the Ordinance would work a substantial
hardship on the petitioner.
3. The relief requested 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.
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DECISION ON THE PETITION OF JEFFREY SANO FOR A VARIANCE
AT 5 BUENA VISTA AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . All work be done by legal building permit.
2. All construction be done as per existing City and State Building Codes.
3. Exterior finishes of the shed shall be in harmony with finishes of the
existing dwelling.
4. Shed shall be constructed and placed on the lot as per the plans submitted.
VARIANCE GRANTED
Richard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall and s"ael be filed within 20 days'ant to section 17 o}
the C4aY. General La.vs, Chapter 80£3. a
;ter iiia date of filing of this decisionm the office cf tae �'he Variance
Pursuant to M1dass. Genera! Laws. Ch-.o:e;£03, Section il,t
er Special Permit^ron.ed h^_rein sh.fi, .,at t.::l<e aiicct Lau a copy of the
decision. Lave
earing ti,.e c,rtifcancn of thT City Llf sus, nIt 20 days peal hastrbeen
elaPSed and no appes!
has been fi:ad, or dist.
filed, :hat it has Leen dismissed or denied is res^rded in the South Essex
Registry of Deeds and indexed under the name or the owner of record W.
er's certificate of-nue-
Is retarded and noted on the own
BOARD OF APPEAL'
June 12, 1989
Mr. William H. Munroe BUILDING DEPT
Building. Inspector
City of Salem AA nnu p
Salem, Ma. 01970 JON �� 'J 02 AH
R�e�Iy�A
Dear Mr. Munroe, CITE` OF SAL€MtMASS,
This is a letter of complaint that we feel should be addressed by your office.
On Thursday June 2, 1989 5:15 pm a call was placed to your office that heavy equipment
was driving over City Owned Prpperty-(lot-18A-Sable-Rd, intersection of Hartford & Sable)
to the rear yard of a Mr. Sarno 'lof_5 Buena Vista. Thig'machine was digging and operating
till just before dark. Your office said they would send someone up, but it did not.
This man Mr. Sarno has been doing this for two years now and enough is enough.
Wkly should a man who lives down below on Buena Vista have a right to inconvience us
up on Hartford with his trucks coming and going for two years? Why not inconvience his
neighbors on Buena Vista? Quite a few of these times trucks come after 5pm and on
weekends when your office is closed except for Thursday nights,
Our questions are a few;
What or who gives this man the right to use City Property ? If you come up to the area
you will note he has put up a fence with a 10 foot section that comes out for trucks.
He has said openly the city or the neighbors will nojr stop him from doing what he wants.
Three weeks ago he had a drilling company parked up there on city land drilling holes
for that "structure" he built. Are permits taken out for this permanent building? Does
it meet the requirements?
Since he said he is going to put in a pool, are all the requirements and
permits met for this? In last weeks paper you had an interesting article about
pools and structures. You are right, the law is law and when people take the
attitude "I'll do what I want" then it is not fair to everyone.
Finally Mr. Munroe we say we have had enough of this and let Mr. Sarno of
Buena Vista St. inconvience his own neighbors and see how they like it or how long
they will stand for it. Lets just cease and desist going through another neighborhood,
over city sidewalks and city owned land. If he wants to do something in his yard, fine
but don't inconvience people who are not his neighbors and do it legally.
As per our conversation at 8:30 am June 12, 1989 this is the follow up letter
I said I would mail. Hopefully you have sent someone out to check on this as you
said you would.
cc Thankyou,
/a/Hartford and Sable Rd residents
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cr, a._ P. O. Box 11
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Beverly Farms , Ma. , 01915
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- �LL December 30 , 1985
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Mr. Paul Nyman
Director of Public Services
One Salem Green
Salem, Ma. , 01970
Re : Sidewalk Waiver at
5 Buenavista Avenue
Dear Paul:
This letter is to request a waiver of the re-
quirement to install sidewalks and curbing at 5 Buena-
vista Avenue.
I make this request because there is no existing
system of sidewalks and curbing on Buenavista Avenue.
Very truly yours,
<� Ae"44i"Z_
James R. Abram
CC: William Munroe
Ed Paquin
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Cf7Y ? !FIVCU,
.,ggS.
Office of Building Inspector
1 Salem Green
Salem, Ma. , 01970
Att: Mr. William Munroe
Mr. Edgar Paquin
",CONvr�to, �i��1 II� `�tiIEITi� ��I$StiC�li$IE��$
�z = Department of Ilu61ir Forks
(linettlem Green
PAUL S.NIMAN ,
DIRECTOR Of PUBLIC SERVICES January 8, 1986
Mr. James R. Abram
P.O. Box 11
Beverly Farms, MA. 01915
RE: Sidewalks - Waivers
Dear Mr. Abtam:
I have reviewed your request for a waiver of curbing and sidewalks for 5
Buena Vista Avenue. Additionally, I have discussed the waiver with Ward 4
Councillor Leonard O'Leary.
In accordance with Chapter 26, Section 105 of the Salem Code of Ordinances,
I jereby grant your request for a waiver of both curbing and sidewalks based on the
following:
1 . No curbing or sidewalks presently exist in the area.
2. Drainage will not be adversely affected.
`Very truly yours,
Paul S. Niman
Director of Public Services
PSN/cmc
cc: William Munroe, Building Inspector
Leonard O'Leary, Ward 4 Councillor
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THIS IS A TAPE SURVEY BASED ON THE
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SURVEY MARKERS OF OTHERS AND THE LINES
S4� D>hYb OF.000UPATION.THIS PLAN WAS DRAWN FOR
REFERENCE : t Lee* MORTGAGE PURPOSES ONLY.TMIS PLAN WAS
NOT PREPARED FOR RECORDING PURPOSES,
DEED DISCRIPTIONS,CONSTRUCTION
THE PREMISES SHOWN ON THIS PLAN VERIFICATION OF PROPERTY LINE DIMENM
IS'j,O T LOCATED WITHIN THE FLOOD BUILDING LANE OFFSETS.,FENCES OR LOT
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