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3-7 CLARK STREET - BUILDING JACKETr3- 7 CLARK STREET �v, � � �'� V �� 9'��rar �% Public Prnnertg Department e Nuilbing i9epartment Mut Ealrm (5reen 508.7,15-9595 text. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 6 . 1996 Jennifer Borden Trust Bodren J . S . /Univ . Bank Trust 3 Clark Avenue Salem, Mass . 01970 RE : 3 Clark Avenue To Whom it _iav Concern: This office has received a complaint concerning storage shed and parking of boat and camping trailers . On August 5 . 1996 , I conducted an inspection of said complaints and find that you are in violation of Articles 7-1 and 7-8 of the City of Salem Zoning Ordinance . ( Copies enclosed ) . You also must apply for a permit in order to legally have a storage shed on property, at which time , you will be informed of the proper location for such shed . Please call upon receipt of this to inform us as of your course of action in these matters . Thank you in advance for your anticipated cooperation in these matters . Sincerely , i' Leo E . Tremblar- Inspector of B,aildings LET: scm cc : Councillor Donahue , Ward 3 SUPPLEMEN"1 ARYkREGL-LATIONS SALEM ZONING ORDINANCE Art. \-II. § 7-10 duce the disfigurement of the land, with a The building area of such building or struc. maximum aliowable slope of twenty (20. Lure, excluding garages, shall not exceed percent. In case of topsoil removal, the area one (1) percent of the lot area or one hun- shall be seeded and maintained until plant dred twenty !120 square feet. whichever is cover is well established. These measures greater,and shall not be located closer than shall be taken progressively as the use of ten (10) feet to any other building on the each pal t for removal or quarrying is dis. same lot or any abutting lot. continued and shall not be postponed until final abandonment o£the entire operation. Sec._ 7.9. Lot in two districts. (5) The board of appeals may impose whatever additional requirements it deems necessary Where a district boundary line divides a lot of to accomplish the purposes herein stated, record at the time such line is adopted, the regu- and such requirements, in addition to those lations for the less restricted portion of such lot stated above, shall be considered as condi- shall extend not more than thirty (30) feet into tions of the special permit. the more restricted portion, provided that the lot has frontage on a street in the less restricted dis- Sec. 7-7. Visibility at intersections. trict. In order to provide unobstructed visibility at Sec. 7-10. Swimming pools. intersections, no sign, fence. wall, hedge or other structure or planting of more than three (3) feet a; General. Pools used for swimming or bathing above the established street grade shall be erected, shall be in conformity with the requirements of placed or maintained within the triangular area this ordinance; provided, however, these regula- formed by the intersecting street lines and a tions shall not be applicable to any such pool less straight line joining said street lines at points than twenty-four(24)inches deep or having a sur- which are twenty-five (25) feet distant from the face area less than two hundred fifty (250, square point of intersection, measured along said street feet. For purposes of this ordinance, pools are clas- lines. sified as private swimming pools or public swim- ming pools. See. 7-8. Accessory buildings and structures. ib) Classification o j Fpools. Any pool intended to Accessory buildings and structures, such as ga- be used primarily for swimming for the use only rages and tool sheds, shall be subject to the fol- of the occupants of a one- or two-family dwelling lowing regulations: and their guests shall be designated as a private pool. primarily for swimming. Any pool which is ll No accessory building or structure shall be not a private pool as defined above shall be clas. located within any required front yard or sified as a public pool. within any side yard of a corner lot. (2) No accessory building or structure shall be (c) Permits. located nearer than ten(10)feet to the prin- (1) No swimming pool subject to the provisions cipal building, unless such accessory of this ordinance shall be constructed, in. building or structure is attached to the prin• stalled, enlarged or altered until a swim- cipal building. ming pool permit has been obtained from (3) No unattached accessory building or struc- the inspector of buildings. ture shall be located nearer than five (5) (2) The application for the permit for a pool feet to any side lot line (side lots in this shall be accompanied by two (2) copies of a instance refer to a projected line starting plot plan showing the location of the pool jfrom the front lot line. terminating at the and its relation to property lines and other i rear lot line parallel five (5) feet from the structures upon the lot and names of abut- side) or five (5) feet from the rear lot line. tors of adjoining property, one (l: copy of 33 SUPPLEMENTARY REGULATIONS SALEM ZONING ORDIN.A.NCE Art. VII, § 7-2 ARTICLE VII. SUPPLEMENTARY service station shall conform to the more restric. REGULATIONS tive dimensional requirements. (1) Even.automobile service station shall have Sea 7.1. Trailers. a minimum lot width of one hundred twenty (120) feet and a minimum lot area of twelve (a) No person shall park, store or occupy a thousand (12,000) square feet, plus an ad- trailer for living or business purposes within the ditional two thousand (2,000) square feet of City of Salem, except: lot area and an additional twenty (20) feet (1) The owner of residential premises may of lot width for every two (2)pumps and one permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps paying guests using a trailer for a period and two (2) service bays. Duplex pumps not to exceed twenty (20) days. A special and/or hoses that are covered or enclosed in permit for this purpose must be obtained a single housing shall be counted as two(2) from the inspector of buildings before the pumps. land can he so occupied. No more than one (2) Even- structure erected for use as an auto- 1) trailer is permitted with any one (1 i res- mobile service station shall have a min- idence or lot. imum setback from the street right-of-way (2) A temporary office incidental to construe- of forty (40) feet and a minimum setback tion on or development of the premises on from all property lines of ten (10) feet. All which the trailer is located shall be per- pump islands shall be set back a minimum mitted. of fifteen (15) feet from all property lines. (b) In neither case enumerated in subsections (3) All vehicle service areas shall be con- (a)(1)and(2)shall the trailer be connected to public structed to conform to the following Stan. water or sewer facilities. Trailers used as tempo- dards: rary construction offices may he connected to tele- a. A curb six (6) inches high and six (6) phone and electric facilities. inches wide shall be provided along all (c) Dead storage andproperty lines abutting street rights-of- parking of trailers will way, except for portions used for be permitted in accordance with the following pro- driveway entrances. visions: b. The entire area used for vehicle ser- (1) Such stored trailers shall not be used for vice shall be paved, except for such area living occupancy, except as stipulated in as is landscaped and considerably pro- subsection (a)(1) above. tected from vehicle use by a low bar- (2) Trailers shall not be stored in any front tier. c. Hydraulic hoists, pits and lubricating, yard. If stored in any side or rear year, the greasing, washing and repair equip- trailer shall not be placed closer than ten ment shall be entirely enclosed within 10) feet from any lot line or within five (5) a building. feet of any building on an adjacent lot. d. The width of driveway entrances shall be not more than twenty-four(24) feet. Sec. 7-2. Automobile service stations. e. The angle of intersection of the driveway with the street shalll be not I Any automobile service station or gasoline more than sixty (60) degrees. Vtilling station in any district shall conform at least f. The distance from any driveway to any to the following regulations. Where the density side property line shall be not less than regulations for any district in which an automo- twenty (20) feet. bile service station is located are more restrictive g. The distance between curb cuts shall than the regulations contained hereinafter, the be not less than forty (40) feet. x 27 (11itu of Sa rm, Anssarhusdis s Flamtin8 �3utsrb OCT 24 12 34 n 94 's CITY OF SALEM, MASS oDm c ,M, Cl�x�e �txle� (1�rsen CLERK'S FORM A - DECISION Ms. Deborah Burkinshaw City Clerk Salem City Hall Salem, MA 01970 Dear Ms . Burkinshaw: At a regularly scheduled meeting of the Salem Planning Board held on October 20, 1994 it was voted to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan: 1 . Applicant : Paul Ferragamo 2 . Lucation and Description : 7 Clark Street, 20 & 22 Barnes Circle The properties are located on the westerly side of Barnes Circle, approximately 536 feet from the southerly sideline of Barnes Road, and also fronts on Clark St. west of Clark Ave. and contains approx. 41,398 s.f. (Assessors' Map Lots 79,88 & Deed )t property records in Essex Soutn District Registry. 89 Sincerely, p waa#A 6 - r/L�w,11L Walter B. Power , III Chairman EX\DH\BPFORMA ofttlem, � ttssttcliusetts i 9 %a4 �ROMrb of eel FES 8 3 09 Fii 138 c: DECISION ON THEIPETITION_OF PAUL FERRAGAMO, TR. FERRAGAMO FAMILY TR. FOR VARIANCES AT�7 CLARK ST,. , 20 BARNES CIRCLE & 22 BARNES CIRCLE (R-1) A hearing on this petition was held December 1, 1993 and continued until January 19, 1994 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen Touchette and Stephen O'Grady. 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 Variances to reconfigure the above three lots in order to create three buildable single family lots as follows: A variance from lot area from 15,000 sq.ft. to 11,400 sq.ft. and from lot width from the required 100 feet to 50 feet at 7 Clark St. A Variance from lot width from 100 feet to 59 feet at 22 Barnes Circle and from lot width from 100 feet to 66 feet at 20 Barnes Circle. Before hearing the merits of this petition, the Board of Appeal has to consider whether or not there is substantial and material change from a previous petition which was denied by this Board on June 17, 1992. The Board of Appeal, after hearing the evidence presented, and after receiving Consent from the City of Salem Planning Board, voted unanimously, 4-0, that there was substantial change, said change being the addition of land area from 5000 sq.ft. to 11,400 sq.ft. to 7 Clark St. The Board will hear the petition. The Variances which have been requested may be granted upon a finding by 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 lands, buildings and structures involved. 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 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: DECISION ON THE PETITION OF PAUL FERRAGAMO TR. , FERRAGAMO FAMILY TRUST FOR VARIANCE AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM page two rta 8 3 1. The plan submitted to the Board added a substantial amount &f� land to 7 Clark St. bringing the total land area to 11,406 square' feet`as opposed to the 5,000 square feet originally submitted to the Board. This original petition was denied by the Board of Appeal. 2. The two remaining lots, 20 Barnes Circle and 22 Barnes Circle will have the required 15,000 square feet of lot area and the frontage of these lots will remain as they currently exist. 3. The proposed use, single family house lots, is consistent with the existing zoning. 4. The existing neighborhood consists mainly of single family homes and a substantial number of these homes are on lots that are significantly smaller that the lots proposed by the petitioner. 5. The topography of the land is irregular and such irregularity does not exist generally in the district. 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 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. 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 unanimously, 4-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. The proposed lots shall be reconfigured in strict accordance with the plans and dimensions submitted with the original petition dated September 30, 1993. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit from the City of Salem Building Inspector prior to beginning any construction . 5. Petitioner shall obtain the approval of the City of Salem Planning Board. Y DECISION ON THE PETITION OF PAUL FERRAGAMO, TR. FOR VARIANCES AT 7 CLARK ST. , 20 BARNES CIRCLE & 22 BARNES CIRCLE, SALEM page two 6 A pre-blast survey is to be conducted on Barnes CifSPe,6BaA0 even and Clark St. CITYF Variance Granted January 19, 1994 Francis X. Grealish, Chairman 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 e BUILDING DEPT CITY OF SALEM - MASSACHUSEJAT^ Q 2 46 PN '9 KEVIN T.of DALY Legal Department LEONARD F. FEMINO City 45-0500 93 Washington Street RECEIVED Assistant City Solicitor 5o8adso5oo Salem, Massachusetts 01970 CITY OF SALEM,WAM.-921-1990 January 28 , 1991 Matthew J. Kavanagh, Esquire Pearl, McNiff, Crean, Cook & Sheehan 30 Main Street Peabody, MA 01960 in re: C Ferragamo vs. Salem-Board-of Appeals— C'7�—Civil Action No.-t89-2494- - --- - J Dear Matt:f- - - Thank you for your letter dated January 16, 1991. I have forwarded a copy of same to the Building Inspector for review. Please note that Mr. Ferragamo has a merger problem. He owns adjoining lots which have merged to satisfy the current zoning requirements. See the second sentence of Chapter 40A, Section 6, Paragraph 4 . Also see Vetter vs. Zoning Board of Appeal of Attleboro, 330 Mass. 628 (1953) Becket vs. Building Inspector of Marblehead, 6 Mass. App. Ct. 96 (1978) . Please review and call me with your questions or comments. Very truly yours, Leonard F. Femino LFF/sbh cc: William Munroe Building Inspector ' L 1 PEARL, MCNIFF, CREAN, GOOK & SHEEHAN COUNSELLORSATLAW 30 MAIN STREET JOHN J.JENNINGS 11931-19901 PEABODY,MASSACHUSETTS 019865552 THOMAS C.REGAN SAMUEL PEARL,COUNSEL MICHAEL T.SMERCZYNSK1 PEABODY 15081531-1 TIO MATTHEW J.KAVANAGH JOHN A.MCNIFF COUNSEL. BOSTON 18171 289-3458 MICHAEL S.HOULDEN ARTHUR J.FRAWLEY,JR.,COUNSEL JOHN M.CREAN FAX 150815314895 LAWRENCE J.O'KEEFE OLIVER T.COOK WILLIAM H.SHEEHAN 111 January 16, 1991 Leonard F. Femino, Esquire Alexander, Lauranzano & Femino One School Street Beverly, MA 01915 Re: Ferragamo v. The Salem Board of Appeals Civil Action No. 89-2494 Dear Len: I have recently had the opportunity to review our file regarding the above-referenced matter. As you may already know, Bill did not get involved in this case until after Ferragamo had appeared before the Board of Appeals and the Board had denied his petition for variance. Therefore, we decided to review Ferragamo's title to determine whether or not it qualifies for grandfather protection under M.G.L. c . 40A, §6 and believe it so qualifies . This conclusion was reached after giving answers to the six questions in the questionnaire promulgated by the City of Salem, Building Department, as follows: 1 . Does the lot have at least 5,000 square feet and 50 feet of frontage on an improved street? The lot in question is marked #104 on plan 7159 B, sheet 2, filed with the original certificate of title (no. 3862) , a copy of which is attached hereto. ( I apologize for the quality of the photocopies, I had some trouble with the new machines at the registry. ) The plan indicates that the lot has at least 5,000 square feet and fifty feet of frontage. 2 . Is the lot located in an area zoned for single or two-family use? The area is zoned R-1. PEARL,McNIFF,CREAN,COOK&StIEEFIAN Leonard F. Femino, Esquire January 16, 1991 Page 2 3 . Did the lot conform to existing zoning when legally created? The lot appears to have been created on or before December 3, 1921, prior to the enactment of the zoning ordinance. (See attached copy of original certificate of title no. 3862) 4 . Does the most recent instrument of record prior to the effective date of zoning change from which the exemption is sought, August 27 , 1965, show that the lot was separately owned? The most recent instrument of record prior to August 27, 1965, showed title to the Lot #104 in Katherine V. Duggan whose transfer certificate was filed September 26, 1925 . The lot was not deeded out by her until February 21, 1973 . Adjoining lot #103 was owned by Mary L. Hersey from November 21, 1924, until February 21, 1973 . (See transfer certificate nos. 5741, 5281, 42912, 42913 respectively. ) Ernest W. McKenna took title to Lot #105 on or about November 3, 1923, and appears to still have title to date. Therefore, the most recent instruments of record show the lot as separately owned. (See transfer certificate no. 4755) 5 . When conveyed after the zoning change, has the lot retained its separate identity by continually being described on a separate and distinct lot? After the zoning change, lot #104 was conveyed to Elton P. Hammond on February 21, 1973 . Lot #103 was conveyed to Hammond as well on the same date. Each lot was by a separate deed. Hammond transferred both lots to Paul Ferragamo, as trustee of the Ferragamo Family Trust on January 16,' 1980, again by separate deed. Lot #105 appears to still be held in the name of Ernest W. McKenna. 6 . Has the lot been a separate lot and not available for use in connection with adjoining land on the effective date of the zoning requirements, August 27, 1965, which made the lost substandard? On August 27, 1965, lot #104 was owned by Katherine V. Duggan. Duggan owned the lot until it was deeded to Elton P. Hammond on February 21, 1973 . Lot #105 was and apparently is still owned by Ernest W. McKenna, who took title on November 3, 1923 . Lot #103 was owned by Mary L. Hersey until it was deemed to Elton P. Hammond on February 21, 1973 . f PEARL,McNIFF,CREAN,COOK&SHEEHAN Leonard F. Femino, Esquire January 16, 1991 Page 3 It appears, therefore, that Ferragamo's lot is grandfathered and he did not need to seek a variance. If, after reviewing the above, you are in agreement with this analysis, would you kindly prepare the requisite letter for presentment to the building inspector. Thank you. Happy New Year! Very ytruly yours, Matthew J. Kavalfagti MJK:cs cc : Paul Ferragamo 419 Highland Avenue Salem, MA 01970 y (fitu of ttlem 4E. a99Ur4U9gJts AR [ s 27 '8 nnrD of Ar peal ECICIGV=C`1-TF.c-PET.I_`C-N OF ?.AUL ERRAGAii0 =1�R '•:ARIANCES T iLARK TREET cearirg on this petition :was held July 5, 1039 with the following Board ;9emoers resent; James Fleming, Chairman: i°lessrs. , Bencal, Febonio, Luzinski and Nutting. 'lotize of the hearing was sent to abutters and others and notices of the hearing were properly published in :he Caiem Evening ;lews in accordance with Massachusetts Generai Laws Chapter 40A. ?etiticner is requesting Variances Prom frontage and lot size to allow construction DI a single family dwelling in this R-1 district. The Variances which have 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve 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 . Opposition was voiced by the abutters; 2. A concern regarding blasting on the site was noted; 3. The traffic problems would be increased by the building; 4. Further development of the neighborhood would be detrimental. 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 and circumstances do not exist which especially affect the subject property and not the district generally; 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. r' DECISION ON THE PETITION OF PAUL FERRAGAMO FOR A VARIANCE AT 7 CLARK ST. , SALEM Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against ;ranting the Variances requested. The Variances are, therefore, denied, due to the failur of the petitioner to obtain the required four (4) affirmative votes. VARIANCES DENIED ) G-jame�le�g�sq. , Cha?man A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK .f ,11Y•shall he made pursuant td Section 17 pL -e sh311 be filed within 40 day9 Aopeai from this decis,on• .jCe of the City Clark. General UIVS, GI'dpter 505. In ine ole t',1C Variance Mier c;'.a dote of filmq cl the deu+ -,c ! 1, :a)9, .n the Ni3'+`+. (;U vera; la'rrt, '.,,:': t t::?:C ci}crt r.nifi o rrJp% ei tr.t in ric;e.•i l,,,r s;n ;i;.�:f i^. =ceaa; Perm;i C, : C;e,;< tn:t 20 d11%1'1 have ear .•,as been UzarinK tnc canii•,cct,e❑ of •ae �„i.y eecivoa' e„I has L•can ivied, or that, if such ,npthe South Essex ,elaps=d 3110 na `Uc vner of record or filed, that it has Deco dismissed or de the name ord is lthe o. Registry of Deeds and Indexed under cartiticate of Title. is recorded and noted on the owner s BOARD OF APPEAL MICHAEL E. O'B RAA LEONARD F. FEMINO CITY SOLICITOR t.., t� ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET ```�u�-,,"� 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 745-4311 745.4311 744-3363 921.1390 Please Reply to 81 Washington Street Please Reply to One Broadway ' June 12 , 1987 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re : Assessor' s Map Lot 78 -{Clark Streef Ferragamo Trust (Lot 103 on Plan dated May 1, 1918 numbered 7159-B recorded in Essex uth District Registry of Deeds — � \ Dear Mr. Munroe: �l Jl Pursuant to your request, I have examined the title to the above described lot. My examination reveals that the lot in ques- tion ( 103 ) was separately owned prior to adoption of the zoning ordinance in 1965 . Also, it appears the abutting lots (102 & 104 ) were likewise held in separate ownership at the time of the adop- tion of the zoning ordinance. Accordingly, it appears to me that the lot in question is afforded the protection of the first sentence of the fourth para- graph of GLc40A §6 . I am enclosing copies of the title documents and plans. If you have any questions , please feel free to contact me. er trul urs / "ha 1 E. Or`'BYlen - City Solicitor MEO/jp Enclosures f/AMA�Q.V0_FA4&Y712. ( T�i9MN1Gt+VD_ .FAMlC2'=3RD._ l R' k. :0 CITY OF S,ALEH'M 5 "S: L07 -78 50o0 -t Q a o - F o �5_.Y/ST/" �OUNpAT/GV,/ ef a � y 6) JR. y e.S Z LAR!C' To SALEM BU/t.a/NG Ti 15PZCTOR I certify that the structure is,c ,._ located as shown, did r : conform to the Zoning o��A� of So« at the time of construction and and :...'is not ina designoted`Flood Hazard Zone (Comm. No, - -'250io7A ) Ref; Deed Bk. Page plan 44. -7/51'$ NOTE-Thb plea Y for MORTGAGE and ZONWG pmepn and don NOT,REPRESENT u SURVEY. File No:. .74Z-78 PLOT PLAN OF LAND IN t T&M `Engineering Nv, - d' +c.:rt A� `'� '��sr �►ssociates,inc. FOR % 83Pine Street Peab, a;960 DATE 7-20--_88 -- -SCALE I" /G'._. (61:7)535.7328 �*,covo,74.c i MICHAEL E. O'BRIEN _ LEONARD F. FEMINO CITY SOLICITOR _ 9 ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET jJ'`°�����'�+ 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, 01970 745.434311 MASSACHUSETTS BEVERLY, MA 01915 .3363 745-431 744szt-1 ss0 _ Please Reply to 81 Washington Street Please Reply to One Broadway June 12 , 1987 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 � Re: Assessor' s Map Lot078 r Clams rrkk,Str eta Ferragamo Trust (Lot 103 on Plan dated May 1, 1918 numbered 7159-B .: recorded in Esse xuth District Registry of Deeds -� Dear Mr. Munroe: y� Pursuant to your request, I have examined the title to the above described lot. My examination reveals that the lot in ques- tion ( 103 ) was separately owned prior to adoption of the zoning ordinance in 1965 . Also, it appears the abutting lots (102 & 104 ) were likewise held in separate ownership at the time of the adop- tion of the zoning ordinance. Accordingly, it appears to me that the lot in question is afforded the protection of the first sentence of the fourth para- graph of GLc40A §6. I am enclosing copies of the title documents and plans . If you have any questions, please feel free to contact me. er trul ours X l /� chael E. en City Solicitor MEO/jp Enclosures ;ti fit ofttiem, Cttsstttfju�etts �Raxrb of R5 3 3 31 FILE DECISION ON THE PETITION OF PAUL SEARL (PETITIONER.) , FERRAGAMO FAMILY TRUST (OWNERS) FOR VARIANCES FOR`5 CLARK ST C,17YCt V.,MASS. I---- A hearing on this petition was held January 21 , 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, and Strout. 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 requests a Variance from all applicable density requirements to allow construction of a single family dwelling on this undersized lot. Said property is located in an R-1 district. 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 ir:- volve 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 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 size of the lot is in keeping with other lots in the vicinity; 2. Single family home, as per plans, would be in harmony with the neighborhood and would enhance the City of Salem tax roll; 3. If a single family house is not allowed to be built the lot would have no value; 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 propert_, but not the district generally; 2. Literal enforcement 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. DECISION ON THE PETITION OF PAUL SEARL (PETITIONER) , FERRAGAM3 FAMILY TRUST (OWNERS) FOR VARIANCES FOR 5 CLARK ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief requested, subject to the following conditions: 1 . If blasting is necessary, permits must be obtained from the Saler, Fire Department prior to any blasting; 2. All necessary building permits must be obtained prior to construction; 3. Plans are to be presented to the Fire Prevention Bureau for approval prior to the issuance of a building permit; 4. The proposed construction shall conform to all applicable provisions of the Massachusetts State Building Code, the Salem Fire Prevention Code, Salem City Ordinances and Massachusetts General Laws, relative to fire safety; 5. Proper street numbering be obtained from the City Assessor; 6. A Certificate of Occupancy be obtained. VARIANCE GRANTED aures B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK L ..- n N, AFT r =1 S L UcKhriD' !I I? c. C BOARD OF APPEAL 0 .COLif a era, 'MassFt&IT�elf /3s� .�ttYCYTtYCII2Lr�Y - (ane Salem (6rerit r JA�cLNpb UD'�+ April 9, 1984 Ms. Josephine Fusco, City Clerk City Hall Salem, MA. 01970 Dear Ms. Fusco: At a regularly scheduled meeting of the Salem Planning Board held or% Apr. 5,1984, it was voted to endorse "Approval under Sub&Lvisioa Control- Law ontrolLaw not required" on the following described plan- 1. Applicant: Hewitt Construction To, Inc. 18 Verdon Street Salem, MA. 01970 2. Location and Description: Clark Street, Salem Certificate # 45451, Registry of Deeds Lot 343 on Plan to be split from Lot 344 Deed of property records in Essex South District -Registry- Sincerely yours, Walter B. Power, =1 Chairman WBP:dey . � (t�t#�° 1� �ttlem; rzss�zlr�jusEfts _ QIaQ �iafi Patna,Aassadtuse@s 819M NOTICE TO BE ATTACHED TO FORM "A"APPLICATIONS See Form "A" applications for' complete 'insf uctions for filing: All insertions shall be typewritten or.printed neatly in ink... A = Date- KP tt• y"l�*4 City Clerk ` Salem, Massachusetts 01970 Dear Sir: I hand you herewith two copies of Form A; an applicapon'submitted.by me-this day to the Plan- ning Board of the City of Salem requesting a determination.and an.endorsement on a plan filed with said application that Planning Board approval under the Subdivision Control Rules and Regulations is not required. - - - The land shown on the accompinying plan is located at.eL>�?� - —-- -- —=— �_ in ward (insert street and street numbers here) Signature:of Own Street Address AB City/Town &State Telephone Number 71Yq_- 9'8 0 - �. '84 APR -3. P 2 .11. ` q. CITY CL t'. 0. FICE SALE'l i°? a FORM Ai APPLIQATION FOR tNDORSEM$NT OF PLAN BELIEVED NOT TO REQUIRE AP , PROVAL In accordance with piovtsions.;of Section' II B, the applicant.must file;:by deliveryor zegistcied main a; ' Notice with the pty perk suing'the date;of sub mission for snch_3etermmaConi The'notice shall be attached.to two'copies of this","P. 172.A,appbcadon. The notice and both;copses,oE the application must be "date stamped',by the pty:,per, and then one copy of tips Form"'A; vtntlt- e.Plan, filed with.,the Planning Board by`: '-;ipplicant All_noticm and' 747 applications shall be typewritten or neatly- printed in ink. Salem Mass., I To the Planning Board: The undersigned, believing that the accompanying plan of his property,in the City of Salem does not constitute a'subdivision'within the meaning of the Subdivision Control Law because (See Sect:II-A and state specific reasons) _F-RoNAfaTe_. -�+Q 1 --q-s" 13�xy iN___z,o.7r.�+�b��4?L.ti_W�1�22�1��G�E.9�s4�� • --- and herewith submits said plan.'for a; eterminapon arid endorsement that Planning Board.approvai under the Subdivision CoAttrol Law is not required —_- 1. Name of Owner Tc1n2121_�QIISf3�Sj7jorJ Ce-�w/t. I AddresslQt )'eep3?�_ SL4TGL^+ _r Lsi?5 �g 2. Name of Engineer or Surveyoi T � t� �_�,,�, ��y�- IAddress 3. Deed of property records in._T*U �7t --1�-- ReS�tTY Gt'RC Beek l Page• 4. Location and Description o _Property M _k�ios2taio---A1C&SITr�RS3fit4.k �il28S�Ya2ix]� -tP�at*� — . -----�•]4+�'D�F,I�"Ltc.�l�{ :A C�3.�Q�?c. ':s-►zse5'dt�1'S,��F•.3ki_'C__ - �av-rAS ALtia-tQ �?1.(d� Ss�U_Lt�l,A�T'ftR,L�{ - (;. .l�p>L,cNu11CSI�'����X�e]L141�n�nt`�aL .r:�3II_84!��e;G�- 5. All streets and abutting lot lines shallbe shown on the together wi the names of the Owners I' of the abutting lots w- Signature of Own Address A.. ITelephone Number- 451$ Ow h m � °' CO " ody " k— ,. u) of Yj inFui co m 11 Int - •E � ra ter.c¢ ptC�ti i r' •. �' �. � � Z t 1s �Y ri '9i J g Y a � v . ....... ... ..__ W,rte 753,500E "ON _..... -.__._ .. ..._..Y.._..�._._...� .._. _ �;r v r+p .�»�t 7 i J1M• dJt4 r� 4i _ �_ Pp_ —__ f/• b� �+�,1'�'�Rl�^ - '��'T! q�5'i��j���e���€�ki9���� i �T. �d�'1 1� .�«�ltY9t W `ri N �t,© // � 0 A� �f7�. i �(r �� 1�l ti��'� h!� '% � >d tt_tiA • i s i W q 'P• ..1, ', va v :dV,� 3 't �ti � 7 ' t!lu 1 k a i ro �• T A �� f l, ;,� // g �• q r 4���'i tt I ,� �*3S $2 '�� t i i1 Y s wo coro C— CD C / a 00 4b W ILJ Cb re h _ p _ z � N $ o �s r i � e ° Ooh t- C/�co � co h� UOU 9-09 r �� N ff�ttg of � Iem, � .�sstttE�uetf� = sY) nttrb of � ezzl F '87 MAR 31 P3 :00 DECISION ON THE PETITION OF DAVID FERRAGAMO (PETITIONER) , FERRAGAMO FAMILY TRUST (OWNERS) FOR VARIANCE AT 7�CLARK_STREETI CITYSCL�;: •: 9rF.iCe A hearing on this petition was held March 18, 1987 with the following Board Members present: Edward Luzinski, Vice Chairman; Messrs. , Bencal, Fleming, Strout and Associate Member Dore. 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 is requesting variances from frontage, lot size and area per dwelling unit to allow construction of a single family dwelling in this R-1 district. Said property is owned by the Ferragamo Family Trust. - The Variances which have 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 or structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve 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 . Opposition was voiced by the'abutters; 2. A concern regarding blasting on the site was noted; 3. The traffic problems would be increased by the building; 4. Further development of the neighborhood would be detrimental. 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 and circumstances do not exist which especially affect the subject property and not the district generally; 2. Literal enforcement of the provisions of the Ordinance would_ not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of,,the Ordinance. DECISION ON THE PETITION OF DAVID FERRAGAMO (PETITIONER) , FERRAGAMO FAMILY TRUST (OWNER) FOR VARIANCE FOR 7 CLARK ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, against granting the Variances requested. VARIANCES DENIED. Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK i i t t APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECT�JN 17 OF THE MASS. ALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING GENERAL LAMS, CHAPTER 806. AND SH OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. = PURSF.NT TO !.'ASS. GENERAL LAWS, CHAPTER 898. SECTION 11. THE VARIANCE OR SPECIAL PERY..IT GRANTED HEREIN. SHALL NOT TACE EFFECT UNTIL A COPY OF T10 HE DECISION. BEH?IN'u THE CERT_ N FILED.THAT.OF SUCH AN APPEAL HAS BEEN FlLE HAVE ELAPSED IT SH HAS K THAT 2 EN DIND NO S ISSEDHOR CEAS HIED IS ' DER THE ANE OF THE ISRFEDS AND ITFRECOROF NERICATE OF TITLE ORD OR IS RECORDEDANDNOTED ONTHEOMCC:';`.'• r BOARD OF APPEAL j NIGNL 4ND AVENUE ,2OUTE 107 0 La 8A2NE5 CIRCLE cu BAF!VEs q AVE. 62 H 1 G f-L L A N D (STATE' HIGHWAY) A V E N U E N4076;?0"E 650.94 -3 Ruegg• j 3 L----,365- 62 V mhb (frdl LOCUS PLAN I I I i scAL�• 1'� ao' t I I SIN I q hilco I p WAIVER FfnV FRONTAGE REOU/REMENT AS TO 1 LOTS /04pE28,Z1346,9A1VTE0 SEP7EM9E9 1, 199d. (!5 t ° _ SEE DEC/SI ON RECORDED HEREWITH. D FOIL 0 122 ° P U �F g6iWbp0 j 6 °q� SEE VAR/ANCE RECORDED AT ESSEX SOUTH REG/ST9Y I I OF DEEDS 1900K 11668 PAGE 33 AND RECORDED AT I C ALAN 7159 I C/TY OF S4LEM I ERCEKr, 640961BW9 298RN/ LC PLAN 71598 +p Q LAND COURT DOCUMENT NUMBER 300707. 1 LC APPROVAL 1INDE7? THE SUROIKS/ON CONTROL LAW NOT REQUIRED ' N4076?O E 696.82 _ SALEM PLANNING BOARD tipA9 " 160,88 535,94 130.03 i FERRAGAMO FAMIL Y TRUST J 1('13 PAUL FEARAGAM --- O TR. �� "� Y �.` __ ANN $ 105`03 u 667.1 PG. 481 DETAk LT --------- ----- 9 / � w�� n!rs, r o REY 0NMAN go0K 2298 LOT 228 ------ -- LC 6-39 "E �.. �y1 35 i S. "'. ,3 r q t� +� LC PLAN 7'159 N40'1620 E p - _ - E� 30 �0 3' F f4 , 659 S f. �,., o ,�,Nil0.19 ° 6 100' A o 0 5 y F /� w 0,02 cbdh / o ffi pA Kl cLA 65 _� �d�j� 0 Vlt Ql �' (fnd) cbdh DATE Y C` �V• nY1� nK 2 (��,119 p3j ,35 59.. 400.00 (fnd) 100,94 HENm' :E lDa.00 q t� L 5� 30 .,,, 104 N407620 E 500,94 CEQ N16a�$y p0 11,378 S.f. 2?9n '' ti 8 A R /V E (PUBuc - 40• wioF> w ?>>O 1'5 070 S..f, a s �g 0 (AS SHOWN ON LC PLAN 40866A N4076 20:E 500.94 X mow. ow�ti a,w ryS 'S6 g2� ,� c / 6 cbdh 57 00 50.00 �P" 100.94 " J o1 AO's- r�' OD w �. S�pj,,... Qi92, .: Ley„ \ pr (fnd) $ \ m ' % ,o h-61h DETAIL (fnd) 4P '' N1676 SALEM a �`` STFPHEN %, PEOGY E.• OF & DONALD R. MASELLA sbdh I I Icbdh I 0.20 C SA & SIL fnd 0,9 : " CKkr 8775/BDOK-305 (fnd) MILAN/ I ( ) I ° oc 0 16.1 p30©E �3b,E LcuN 4o8s6A CEer. 3471 /e�K 151 I i DETAIL w a N 0 s 1 N16o LC PLAN 7159, LC PLAN 71597 _ A{�. o6 a_ . fnd v � (in � 1 U I 1 124.98 30 NZ o m 100 • rnv sbdh N16h6 °) sV LJLJ/V /S/DN (fnd). ,. ZONE.' `R-1 PLAN OF �ND M/NIMUM SETEt�1CAS r spk. w/punch mon --� c FRONT 0 15' REAR - 30' M/N. Lor worn - /00" S,DOo S.F, SAI 7w, MIN, AREA 1 Of9�� 0g r-, • a t!A BEING A SUMI SION OF L075 104 ANO 229 DI✓ LC PLAN 71598 ('fetJ/f� f f114f I}1/ eifj//.1L ;�1✓1'F�f'1'` 14A, A/4I1E ' �_ - E , � �"l,'AL�;' 1"�4l1' OCT#8, 7994 OETA 'N ## 0,;rl'IMP AV Af'i c�/ ��N�f W/Tr/ fell /V r boo ro/40 ml",lt't/<,f/rlf/� of lAkg /�rlwav "".:. ✓1AYF.S RIP..AlM N0 //✓� L#1vb'Eht5E I'h"I1'/NON ???4i ' � ".f 5 � b* A, C/i/iL L/d�/iYTERd & � �_ 9 �.4 � w 4gs LAN✓J e1RVtY0P, /; L-,��aR a/- o/�sUr�r jRA1v) _ ; � ,�� D/RECIVIAL ERROl7 of CLtJSYJRE - 577 }y - .m CIGYNf R,' FFRRAGAMO FAMILY TRUST, PAUL FERRAGAL10, TRUSTEE NOTF,. , L �tEin, rtt: 047E I / f ' i1 11- p15�7ti " PROF LAND SURVEYOR ssrtl'f L 0T 2298 1S NOT TO BE CONSIDERED A SEPARA TE BUIL DING L OT BUT IS TD BE �t Q f HELD IN COMMON OWNERSHIP WITH LOT 228 TO FORM ONE LOT. TOTAL AREA 15, 010 S.F. ` ✓ � ). 1+ w -, j " NOTE:• SEE 80ARD Of TAL.5"' DECISION DATED ✓ONYARY 19, 1994. e 7 alt{rl{(«, + is —_ 1• �4 i LA ND COU,Q T /V° 7/.55 `s r ROA 0 r [� �M p LOCLA5 "AP t,•1� p�)� � ,,,n meq!✓ oo PjL1G ' " � m`oo r / cerfiAl P7C71 this OCIZ101 survey pby tugs rnodQ on fhc grounC in occo/rc�nnc� rvifh Lanc>' Cour P /r7STrt1C,74 0r7.S 07C /97/ Q N c �hc�i7 /9d¢ond /�34. Q ' Al / cz�cGP � -7, `nyr^ p P APPROVAL- UNDEe SUB 0/✓ /ON �� N ry ✓ VCOtOICOL LAIN NOT ,P�vll�Ev V � 7ir G� P. CHAP 4/ rEN. LAYY,S SEG'T. 8/ P. ��' DATE V N =-t--•— ,. <�� SQ L E M PL X T✓N/Nr 60A e,9 y i9 O c' ��� r y F'LQ N OF L AND //V S,4 L M, A,-Y(A SS. Of-INC 4 OU0,01V/5/0N OF LOTS /56 /57 S!/O,*YM OA/ LAiVO COUe7- /•:LAN 7/59/ �y J A P,Q/L 4 /9841/5¢ Tc`r ENCC/NE�Q/N�7 LISSOC TES, /n/C. OAR,84RA 0/ /o COL GJ 22 /Y/LLO/Y dVE . SQLEM, lila. O/97o 15CAL, 11NCA/ =4 01fe47 oh 0 50 AV 0370 Titt; of 'ttlrm, 4Ettssarftu6etts 3 ��9 �nttra of - , peal JJL " DECISION ON THE PETITION OF MARVIN & VANE-SSA..DOLLIXS REQUESTING- A, . VARIANCE FOR THE PROPERTY LOCATEDtAT 6 CLARK STREETy (R-ll . = " A hearing on this petition was held July 17, 1996 with the following Board Members present: Gary Barrett, Chairman; Nina Cohen, Joseph Ywu, Albert Hill and Richard Dionne. 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 reauests a Variance to convert a single family dwelling to a two family dwelling for the property located at 6 Clark Street. 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 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, makes the following findings of facts: 1. Petitioners owns and resides at the subject property with three teenage children and Mrs. Dollin's mother Stela Lazaris. Z. Petitioner 's children and Mr. Dollins are asth=atic. and the proposed expansion of the premises would permit them to live in rooms which were not located in the basement. 3. The configuration of the proposed expansion consists of an "in-law" apartment on a second floor with separate kitchen facilities, bathroom and separation from the first floor. 4. The property has been in Petitioner's family for over 40 years, and the current house was built in 1969. 5. Anges George, 8 Clark St. , Mrs. Dollins aunt, spoke in favor of the petition. 6. Jane and Jeffrey Bachman, 3 Clark St. spoke in opposition to the petition. 7. Pattv Rutkowski, 5 Clark St. spoke in opposition to the petition. 8. David Russo, 0 Clark St. spoke in opposition tc. the petition. 9. Those speaking in opposition voiced concerns of adding a two-family dwelling to a single family zoned area. All were concerned of the permanent status of a two-family once the property were to be transferred from the Dollins 's ownership. DECISION ON THE PETITION OF MARVIN & VANESSA DOLLINS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED A 6 CLARK STREET (R-11 . page two There also were concerns about parking demands required by a two-familv dwelling. On the basic of the above findings of fact, and on the evidence presented at the hearings , the Board of Appeal concludes as follows: 1 . No special conditions exist which especially affect the subiect property as opposed to the district in general. 2 . Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. Desirable relief requested cannot be granted without substantial detriment to the public good or without nullifving and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted o-Sin opposition to the motion to grant the Variance, having failed to garner the required votes to pass , the motion is defeated and the petition is denied. Variance Denied June 17, 1996 �/✓�� J Gary Barrett, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE C1 TY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter LOA, and shall be filed within 20 days after the date of filing of this decision in the office of the Citv Clerk. Pursuant to Massachusetts General Laws Chanter 40A,Section 11, the Variance of Special Permit granted herein shall not take effect until a coov of the decision bearing the certification of the City Clerk that20 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 3 m Chit of io�ttigm, Masimr4 setts Vublir Propertg Department Nuilbing Department (One twalem (rereen 5118-745-9595 Ext. 3811 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 6 , 1996 Jennifer Borden Trust Bodren J . S . /Univ . Bank Trust 3 Clark Avenue Salem, Mass . 01970 RE :,L3'ClarktAvenue� To Whom it May Concern : This office has received a complaint concerning storage shed and parking of boat and camping trailers . On August 5 , 1996 , I conducted an inspection of said complaints and find that you are in violation of Articles 7-1 and 7-8 of the City of Salem Zoning Ordinance . (Copies enclosed) . You also must apply for a permit in order to legally have a storage shed on property, at which time , you will be informed of the proper location for such shed . Please call upon receipt of this to inform us as of your course of action in these matters . Thank you in advance for your anticipated cooperation in these matters . Sincerely, Leo E . Tremblay. Inspector of Buildings LET: scm cc : Councillor Donahue , Ward 3 SUPPLEMENTARNREGULATIONS SALEM ZONING ORDINANCE Art.VII. § 7.10 duce the disfigurement of the land, with a The building area of such building or struc- maximum allowable slope of twenty (20) ture, excluding .garages, shall not exceed percent. L7 case of topsoil removal, the area one (1) percent of the lot area or one hun- shall be seeded and maintained until plant dred twenty(120) square feet, whichever is cover is well established. These measures greater, and shall not be located closer than shall be taken progressively as the use of ten (10) feet to any other building on the each part for removal or quarrying is dis- same lot or any abutting lot. continued and shall not be postponed until _ final abandonment of the entire operation. Sec. 7•9.. Lot in two districts. (5) The board of appeals may impose whatever Where a district boundary line divides a lot of additional requirements deems necessary record at the time such line is adopted, the regu. to accomplish the purposes herein stated, lations for the less restricted portion of such lot and such requirements, in addition to those shall extend not more than thirty (30) feet into stated above, shall be considered as condi- the more restricted portion, provided that the lot tions of the special permit. has frontage on a street in the less restricted dis- Sec. 7-7. Visibility at intersections. trict. In order to provide unobstructed visibility at Sec. 7-10. Swimming pools. intersections, no sign, fence, wall, hedge or other structure or planting of more than three (3) feet (a) General. Pools used for swimming or bathing above the established street grade shall be erected, shall be in conformity with the requirements of placed or maintained within the triangular area this ordinance; provided, however, these regula- formed by the intersecting street lines and a tions shall not be applicable to any such pool less straight line joining said street lines at points than twenty-four(24)inches deep or having a sur- which are twenty-five (25) feet distant from the face area less than two hundred fifty (250) square point of intersection, measured along said street feet. For purposes of this ordinance, pools are clas- lines. sified as private swimming pools or public swim- ming pools. Sec. 7.8. Accessory buildings and structures. (b) Classification ofpools. Any pool intended to Accessory buildings and structures, such as ga- be used primarily for swimming for the use only rages and tool sheds, shall be subject to the fol- of the occupants of a one- or two-family dwelling lowing regulations: and their guests shall be designated as a private pool, primarily for swimming. Any pool which is (1) No accessory building or structure shall be not a private pool as defined above shall be clas- located within any required front yard or sified as a public pool. within any side yard of a corner lot. (2) No accessory building or structure shall be (c) Permits. located nearer than ten(10)feet to the prin- (1) No swimming pool subject to the provisions cipal building, unless such accessory of this ordinance shall be constructed, in- building or structure is attached to the prin- stalled, enlarged or altered until a swim- cipal building. ming pool permit has been obtained from (3) No unattached accessory building or strut- the inspector of buildings. ture shall be located nearer than five (5) (2) The application for the permit for a pool feet to any side lot line (side lots in this shall be accompanied by two (2) copies of a instance refer to a projected line starting plot plan showing the location of the pool from the front lot line, terminating at the and its relation to property lines and other rear lot line parallel five (5) feet from the structures upon the lot and names of abut. side) or five (5) feet from the rear lot line. tors of adjoining property, one (1) copy of 33 21h.— _ SUPPLEMENTARY REGULATIONS SALENT ZONING ORDINANCE Art.VII, § 7-2 ARTICLE VII. SUPPLEMENTARY service station shall conform to the more restric- REGULATIONS tive dimensional requirements. (1) Every automobile service station shall have Sec. 7-1. Trailers. a minimum lot width of one hundred twenty (120)feet and a minimum lot area of twelve (a) No person shall park, store or occupy a thousand (12,000) square feet, plus an ad- trailer for living or business purposes within the ditional two thousand (2,000) square feet of City of Salem, except: lot area and an additional twenty (20) feet (1) The owner of residential premises may of lot width for every two(2)pumps and one permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps paying guests using a trailer for a period and two (2) service bays. Duplex pumps not to exceed twenty (20) days. A special and/or hoses that are covered or enclosed in permit for this purpose must be obtained a single housing shall be counted as two(2) from the inspector of buildings before the pumps. land can be so occupied. No more than one (2) Every structure erected for use as an auto- 1) trailer is permitted with any one (1) res- mobile service station shall have a min- idence or lot. imum setback from the street right-of-way (2) A temporary office incidental to construc- of forty (40) feet and a minimum setback tion on or development of the premises on from all property lines of ten (10) feet. All which the trailer is located shall be per- pump islands shall be set back a minimum mitted. of fifteen (15) feet from all property lines. (b) In neither case enumerated in subsections (3) All vehicle service areas shall be con- (a)(1)and(2)shall the trailer be connected to public structed to conform to the following stan- water or sewer facilities. Trailers used as tempo- dards: rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6) phone and electric facilities. inches wide shall be provided along all c) Dead storage and/or parking of trailers will property lines abutting street rights-of- way, except for portions used for be permitted in accordance with the following pro- driveway entrances. visions: b. The entire area used for vehicle ser- (1) Such stored trailers shall not be used for vice shall be paved,except for such area living occupancy, except as stipulated in as is landscaped and considerably pro- subsection (a)(1) above. tected from vehicle use by a low bar- rier. (2) Trailers shall not be stored in any front c. Hydraulic hoists, pits and lubricating, yard. If stored in any side or rear year, the trailer shall not be placed closer than ten greasing, washing and repair equip- ment shall be entirely enclosed within (10) feet from any lot line or within five (5) a building. feet of any building on an adjacent lot. d. The width of driveway entrances shall be not more than twenty-four(24) feet. Sec. 7-2. Automobile service stations. e. The angle of intersection of the driveway with the street shall be not Any automobile service station or gasoline more than sixty (60) degrees. filling station in any district shall conform at least f. The distance from any driveway to any to the following regulations. Where the density side property line shall be not less than regulations for any district in which an automo- twenty (20) feet. bile service station is located are more restrictive g. The distance between curb cuts shall F. . than the regulations contained hereinafter, the be not less than forty (40) feet. z 27 4