0014 - 0014 1/2 FORT AVENUE - BUILDING JACKET 14-14 FORT, AVENUE
U.S.POSTAAGE>>PINEY Bowe
CITY Of SALEM ;«- . s
BUILDING INSPECTOR
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�� �120 Salem,MA 01970 ton street 3` floor
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SC: 019703.52303 _ *2021-03051-10-00
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��� ° QTY OF SALEM
. ,� PUBLIC PROPERTY
s
0 DEPARTMENT
KIMEERLEYDRISCOLL
MAYOR 120 WASENGTON STREET♦ SALEM,MASsAcHusEm 01970
TEL:978-745-9595♦FAx 978-740-9846
Violation Notice
14 Fort Avenue
June 9, 2015
Ian Andersen
14 Fort Avenue
Salem, Massachusetts 01970
RE: Working Without A Permit
Property Owner
Our office received a complaint regarding unpermitted work being performed at your property located at
14 Fort Avenue. The complaints were investigated on Monday,June 8,2015 along with Mr. David
Greenbaum of the Salem Health Department and the alleged violations were confirmed. This office has
no documentation of an issued permit or permit application being applied for as required by 780 CMR,
Section 105.1 (See Below)
780 CMR: 105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove
or demolish a building or structure; or to install or alter any equipment for which provision is
made or the installation of which is regulated by this code without first filing a written
application with the building official and obtaining the required permit.
You are hereby ordered to contact this office immediately upon receipt of this letter. You will be
required to apply for the required Building Permit, complete a Debris Disposal Affidavit, a
Homeowners License Exemption form or Worker's Compensation Affidavit for the corrections
to this violation. The opening of partition walls may be required by various Departments to
inspect work illegally completed construction work.
You are hereby ordered to rectify these conditions within 7 days of receipt of this notice. Failure to do so may
result in further actions being brought against you, up to and including the issuance of Municipal tickets or
filing of criminal complaints at District Court. You have the right to appeal this order to the State Board of
Building Regulations at One Ashburton Place, Boston, Ma.
If you have any questions regarding this letter, please contact the Building Inspectors Office at
(978) 619-5648.
Respectfully,
Michael E. Lutrzykowski
Building Department
�, CITY OF SALEM
, ,,��'� PUBLIC PROPERTY
'�� DEPARTMENT
KBOERLEY DRISCOLL
MAYOR 120 WASI-UNGTON STREET*SALEM,MASSAcHusETIS 01970
'PEL:978-745-9595♦FAx:978-740-9846
Violation Notice
14 Fort Avenue
June 9, 2015
Ian Andersen
14 Fort Avenue
Salem, Massachusetts 01970
RE: Working Without A Permit C�p�
Property Owner
Our office received a complaint regarding unpermitted work being performed at your property located at
14 Fort Avenue. The complaints were investigated on Monday, June 8,2015 along with Mr. David
Greenbaum of the Salem Health Department and the alleged violations were confirmed. This office has
no documentation of an issued permit or permit application being applied for as required by 780 CMR,
Section 105.1 (See Below)
780 CMR: 105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove
or demolish a building or structure; or to install or alter any equipment for which provision is
made or the installation of which is regulated by this code without first filing a written
application with the building official and obtaining the required permit.
You are hereby ordered to contact this office immediately upon receipt of this letter. You will be
required to apply for the required Building Permit, complete a Debris Disposal Affidavit, a
Homeowners License Exemption form or Worker's Compensation Affidavit for the corrections
to this violation. The opening of partition walls may be required by various Departments to
inspect work illegally completed construction work.
You are hereby ordered to rectify these conditions within 7 days of receipt of this notice. Failure to do so may
result in further actions being brought against you, up to and including the issuance of Municipal tickets or
filing of criminal complaints at District Court. You have the right to appeal this order to the State Board of
Building Regulations at One Ashburton Place, Boston, Ma.
If you have any questions regarding this letter,please contact the Building Inspectors Offipe at
(978) 619-5648.
Respectfully,
Michael E. Lutrzykowski
Building Department
CITY OF SALEM, MASSACHUSETTS
Al Q��e! BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
/;Q SALEM, MASSACHUSETTS O1970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL Z�i� " �� ?3 !N, '?- �2
MAYOR
August 20, 2010
Decision
Petition of fail Hunter seeking a Variance from the minimum setback requirement for an
accessory structure to build a garage on property located at 14 1/5 FORT AVENUE in
the Residential Two Family Zoning District [R-2].
A public hearing on the above petition was opened on August 13, 2010 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present:
Annie Harris, Rick Dionne, Bonnie Belair (alternate) and Jimmy Tsitsinos (alternate).
Petitioner seeks a Variance under Section 3.2.4: Accessory Buildings and Structures, of
the Salem Zoning Ordinance.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner Ian Hunter represented himself at the hearing.
2. In a petition date-stamped August 2, 2010, the petitioner requested to construct a
garage on the property at 14 1/5 Fort Avenue.
3. Thomas P. Cote, owner of the property located at 12 Derby Street, petitioned the
Board separately for zoning relief related to a proposed lot line adjustment that
will convey property to 14 1/5 Fort Avenue to establish access to a public way
and the ability to construct the proposed garage.
4. Gustavo A. del Puerto, S Derby Street, submitted a letter to the Board in support
of the petition.
5. No member of the public spoke in favor or in opposition of the petition at the
hearing.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
L Special conditions and circumstances exist affecting the parcel or building,
which do not generally affect other land or buildings in the same district, and
I
'R
literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant, since the lot will
be configured is such a way that the only feasible location for a garage is the
location proposed.
2. The proposed structure is in character with the neighborhood, therefore,
desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
Purpose of the ordinance.
3. The petitioner may vary the terms of the Residential Two-Family Zoning
District to construct a garage as proposed, which is consistent with the intent
and purpose of the City of Salem Zoning Ordinance.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Variance is granted from the minimum setback requirement for an
accessory structure to construct a garage as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted four (4) in favor
(Dionne, Harris, Belair, and Tsitsinos), none (0) opposed, to grant the petitioner's request
for a Variance, subject to the following terms, conditions, and safeguards:-
1.
afeguards:1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
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 pen-nit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain street numbering from the City of Salem Assessor's Office and
shall display said number so as to be visible from the street.
S. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to, the Planning Board.
f
J f
r �
Richard Dionne
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 it has been
dismissed or denied and 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.
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CITY OF SALEM
DEPARTMENT OF PUBLIC WORKS
No. loi
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GRANT OF RECIPROCAL EASEMENTS AND AGREEMENT
Paul J. Herrick, of Liberty Square, Danvers, Massachusetts
01923, for mutual consideration hereinafter set forth, HEREBY
GRANTS to Edward B. Manning of 12 1/2 rear Fort Avenue, Salem,
Massachusetts 01970 and to his heirs, successors and assigns in
ownership (together "Manning" ) of Lot E, numbered 12 1/2 Fort
Avenue, Salem, Massachusetts, as shown on the plan recorded
herewith entitled "Plan of Easement, Salem, Ma Prepared for Paul
Herrick" by Vernon J. LeBlanc, PLS, 161 Holten Street, Danvers,
Ma. 01923, dated August 22, 1994 (the "Plan" ) for the benefit of
said Lot E, the perpetual right and easement in and to the
exclusive use for all purposes of the two areas shown on the
Plan as Lot 1 and Lot 2 (the "Manning Easement" ) .
Edward B. Manning, in consideration of the granting of the
Manning Easement, and in further consideration of the mutual
easements contained herein, and for other consideration, HEREBY
GRANT to Paul J. Herrick and to his heirs, successors and
assigns in ownership (together "Herrick" ) of Lot D, the
perpetual right and easement in and to the exclusive use for all
purposes, specifically including installation of a driveway and
vehicular passage thereover, of the area shown on the Plan as
Lot 3 (the "Herrick Easement" ) .
Manning hereby indemnifies and holds harmless Herrick, and
his heirs, successors, and assigns in ownership of Lot D, from
any and all liability, claims, and damages of whatsoever nature
arising out of the use and enjoyment by Manning of the Manning
Easement, and Herrick indemnifies and holds harmless Manning,
and their heirs, successors, and assigns in ownership of Lot E
from any and all liability, claims, and damages of whatsoever
nature arising out of the use and enjoyment by Herrick of the
Herrick Easement.
As further consideration for the granting of the Herrick
Easement, Herrick covenants and agrees to erect, at Herrick' s
sole expense, a four (4) foot stockade fence along the
designated 76.82' portion of the line shown on the Plan as "Line
of Easement" , and a six (6) foot stockade fence along the
designated 23 .57 ' , 12 .95' , and 6.08' portions of said "Line of
Easement" . Herrick and Manning shall each have the right, but
not the obligation, to maintain said fence, or any part thereof,
in good repair once it is erected.
For Manning title see deed dated July 7, 1989 and recorded with
said Deeds, Book 10067, Page 144. For Herrick title see deed
dated July 13, 1994 and recorded with said Deeds, Book 12661,
Page 281.
Executed under seal as of the 20Th day of September, 1994
d�
Paul J. Hrr�iycJk
gii SK&
��Irl'/�/ODtyLlil2!/
Edward B. MaYiining
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. September 22, 1994
Then personally appeared the above named Paul J. Herrick,
who acknowledged the foregoing to be his free act and deed,
before me.
'Pc{w ,R, M-e- j Notary blic
My Commission Expires: 2G1, /99 7
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. September Zr�, 1994
Then personally appeared the above named Edward B. Manning,
who acknowledged the foregoing to be his free act and deed,
before me.
mcv otary PuVI ic
My Commission Expires: _�(y /9'9z
i
HERRICK/PRM
ESSEX EX
REGISTRY DISTRICT
)DHk Ii Ir "?,JR, REGISTER Oct:DEEDS
DATE--4
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