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Q... e N . , CL.. 0 a W CL DsrE: G 3 Citp Df aiafem �Ka!mmr u!�EttS a PLANS MUST BE FILED AND APPROVED BY THE INSPECTOR PRIOR TO A PERMIT BEING GRANTED Location of Building Z GOSS Sol 'c+� Building Permit:lApplicapoo '(Circle whichever applies) roof nstall Siding onstruct Deck Shed, Pool teratw:, p ir,'Rep see, oundation Only, Wrecking ee Iq•h PLEASE FILL OUT LEGIBLY & COMPLETELY TO AVOID DELAYS IN PROCESSING To the Inspector of Buildings: The undersigned hereby applies for a permit to build according to the following specifications: Oweerti Name: I r l I o S p v S t Contractor. C1t&" C0-; S VC4 1 Street �SS �`�. CitV Street JO��1 /-is'e 4veCity �e State At4 Phone OW) 6/7- z01-0' [r State /f/l Phone(q79) 768 - '70 IS Architect• Street �✓i 1 / . City &W State Uc#?6%a sty State Phone (fN) 76ir - 6'6'Z y Homeowners Exempt Form_yes no Structure: (please circle) le Family Multi Family# Other Estimated Cost of job S C87?3U , YZ Will building confirm to law?•_yes no Asbestos?_yes no Description of work to be done: sP� P kl,- � Drawings Submitted: es no Mail Permit to:% js x /�/ 4 Sok.�, LJ Signature of Application,SIGNED UNDER THE PENALTY OF PERJURY e ssex t mA u l4 Z CONSTRUCTION TO BE COMPLETED WITHIN SIX (O MONTHS OF PERMIT ISSUED DATE Department use only: Perini!'# Zoning Map/Lot T Permit fee S COMMENTS: Certificate No: 1042-05 Building Permit No.: 1042-05 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0002 CROSS AVENUE in the CITY-OF-SALEM ____-___---------------------Address------------_______________ ___ Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY RENNOVATIONS TO BUILDING This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ................ ........ ___ _ unless sooner suspended or revoked. Expiration Date -------------------- - -- - Issued On: Wed Jun 21,2006 --------------- ----------- -�----------- ----------- - ----- GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. --------- - ---------------------------------------------------------- i i `�? ays, S� � DATE. ._- 2909 CITY • SALEM GAS FITTING INSPECTION APPROVAL NOTICE ST. NO. APARTMENT NO. OCCUPANT i THE GAS PIPING AND CONNECTED APPLI. ANCES SERVED THROUGH THIS METER CON- NECTION HAVE BEEN INSPECTED AND APPROVED ,AS LISTED BELOW. PIPING ' RANGE WATER HEATER f DRYER FURNACE INCINERATOR STEAM OR HOT WATER BOILER SPACE HEATER OVEN COUNTER TOP OTHER FTTTERI �f LIC. oa onsor repacements area owe w out first securing a permit for same. All gas installations to be made by Licensed Plumber or GeA,FIGor in accordlince w't Chapter . 142,Mass.Aara¢f 8 G Per Inspector of Gas Fitting -- — 0002 CROSS AVENUE 1042-05 GIs# ___ -- ---i COMMONWEALTH OF MASSACHUSETTS - IMap -- 44 -- --- - ' CITY OF SALEM :Block: I Lot 0103 j Categoly X434 Residential: additi! IPe,mit#---- 104205 ...._ BUILDING PERMIT Project# JJSS-200-51363 Est Cost: 1$187,833.92 Fee 1$1,145.00 Const Class: PERMISSION IS HEREBY GRANTED TO: — — !Use Group: I Cotttraetor: License: ,Lot Size(sq. ft.): 11124 Y �COSTE LO CONSTRUCTION &RE STATE- 86882 I— ---.-- .- t IUmts Gamed� ApGiicarit: COS ELLO—C )N STRUCTION&REMODELING Units Lost: 0002 CROSS AVENUE Di.-Safe#: ISSUED ON: 06-Jun-2005 AMENDED ON: EXPIRES ON: 06-Dec-2005 TO PERFORM THE FOLLOWING WORK: 1042-05 RENOVATIONS TO BUILDING JB POST THIS CARD SO ITIS VISIBLE FROM THE STRE,ET Electric Gas Plumbine Buildine Underground:_ Underground: Uudergrom:d: Excavation: Service: i - - Meter: /�y/ Footicgs: Rough. _,.� Rough`�I ` }I�(Db hough:0 �/f,00 � �dO� Foundation: FinaL•�����y Final: 0� 1 1.--�c - N•inal: �j p '�I' Rough Frame: ' /- Fireplace/Chinmey: D.P.W. Fire Health io Meter: Oil: Insulat D � �; Final: 4 (House li Smoke: Treasury: (9 Sewer: Sprinklers: i� THIS PERMIT MAY BE REV KED BY THE CITY OF SALEM UPON VIOLATI OF ANY OF ITS RULES AND REGULATIONS. 1 Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2005-001649 06-Jun-05 17811 $1,145.00 upon completion of work,please ceaH 745-9595 Ext.385 GcoTMS02005 Des Uilriers Municipal Solutions,Inc. �.0011 IT YS�OYEQAO CITY OF SALEM "4 "a _ _ v _ UIL N-Gz PERMTT. CITY OF SALEM9 MASSACHUF'ET SSALEM, MA GM1 BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1095 AUG I b A 10: 50 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF PAUL KOLOSEUS REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 2 CROSS AVENUE R-1 A hearing on this petition was held on August 9,2005 with the following Board Members present:Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie Belair 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. Petitioner request a Special Permit to remove existing structure and rebuild per plans submitted for the property located at 2 Cross Avenue located in an R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8)which provide as follows: Notwithstanding anything to the contrary appearing in this Ordinance,the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion,of nonconforming lots, land, structures, and uses,provided however,that such change,extension,enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms,this Board is,when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare for the City's inhabitants. 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. r DECISION OF THE PETITION OF PAUL KOLOSEAU'REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 2 CROSS AVENUE R-I page two The Board of Appeal,after careful consideration of the evidence presented, and after viewing the plans,makes the following findings of facts: 1. Petitioner Paul Koloseus sought zoning relief in September of 2004 to construct an addition to his home at 2 Cross Ave,in the Willows section of Salem. At that time he submitted architectural renderings showing a proposed tow-story addition to an existing 2 %2 story stricture. His request was granted,and the addition approved at that time. 2. Following the issuance of a building permit,Mr. Koloseau authorized the demolition of the home on this property. Petitioner contends that upon information and belief the existing foundation could not support new building. In support of his contention,Mr. Koloseus submitted no data, no structural findings by engineering professionals, and no opinion letter. A single digital photograph showing the area of the foundation subsequent to the demolition was provided to the Board of Appeal. 3. In May 2005 Building Commissioner Thomas St.Pierre issued a cease&desist order to terminate work on the 2 Cross Ave. property, and referred the case to the Board of Appeal for a hearing. 4. In support of his petition,Mr. Koloseus states that the demolition was necessary to enable the builder to constrict new footings for the addition. Structural and site work could not take place,according to this view,unless the entire lot was cleared. The Board finds this contention is without merit. 5. Mr. Koloseus contends that without a Special Permit his property would have no value since he is unable to rebuild on a nonconforming lot. The Board finds this contention is flawed, since the diminution in value occurred when his house was demolished. Finally,Mr. Koloseus contends he should be granted a Special Permit to rebuild his home if the Board finds the proposed structure is not substantially more detrimental to the public good and does not nullify or substantially derogate from the intent of the ordinance. This contention is not challenged,but was supported by the comments of Richard LeBel,of 1 Chestnut St.,and James Treggiano,of Witchcraft Heights in Salem 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. Literal enforcement of theP rovisions of the ordinance would involve substantial hardship on the petitioner. r DECISION OF THE PETITION OF PAUL KOLOSEUS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 2 CROSS AVENUE R-1 page three 2. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 4in favor and 1 present to grant the Special Permit requested,subject to the following conditions. 1. Petitioner shall comply with all city and state statues, code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Occupancy. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning Board. Special Permit Granted A�/V& se/� August , 9 2005 Nina Cohen, Chalt 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 MGL 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 MGL 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 the 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 or record or is recorded and noted on the owner's Certificate of Title. Board of Appeal 1 CITY OF SALEM9 MASSACHUSETTS os BOARD OF APPEAL -- � --- SALEM, MASSACHUSETTS 01970 0 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 F JPS' 7 9 DECISION OF THE PETITION OFPAUL KOLOSEUSI REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT.2 CROSS AVENUE R-1 Jk A hearing on this petition was held on September 15, 2004 with the following Board Members present: Nina Cohen, Bonnie Belair, Richard Dionne, 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 rear yard setback and number of stories to construct an addition for the property located at 2 Cross Avenue located in an R-1 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 viewing the plans, makes the following findings of fact: 1. The petitioner is seeking a Variance from rear yard setback and number of stories to construct an addition. 2. Plans were submitted showing the proposed addition. 3. There was no opposition to this petition. 'Y DECISION OF THE PETITION QFRAUI= 140-10-1-1EI IS REQI FOR THE PROPERTY LOCATED AT 2 CROSS AVENUE 8-1 page two 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 construction shall be done as per the plans submitted. 3. All requirements of the Salem Fire Department shall be strictly adhered to. 4. Petitioner shall obtain a building permit before beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. Petitioner shall obtain a Certificate of Inspection. Variance Granted a a ce G a ed September 15, 2004 Nina Cohen C7 Board of Appeal m m � �cn h o _ m3 En n 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 zt n m m C5 (n-o N �cn ©r Tr- c�- m 3 _ D Ln