151-153 FORT AVENUE - BUILDING INSPECTION UPC 10330
No.153L auTco `'
HASTINGS. NN
0153 FORT AVENUE 152-06
GIS#: 994 COMMONWEALTH OF MASSACHUSETTS
Map: 45
Block: CITY OF SALEM
Lot: '- 0012-201
Category: 434 Residential: additi
Permit# 15206 1 BUILDING PERMIT
Project# JS-20060278
Ea.Cost:. =$307,000.00
Fee: $3,075':00
Const.Class: 7 PERMISSION IS HEREBY GRANTED TO:
Use Group: Contractor., License:
Lot Size(sq.ft.): 5018 Eric Rumph
Zoning: B2 .'- Owner: OLSONKATHLEEN
Units Gained:
Applicant: Eric Rumph
Units Lost:
Dig Safe#: ` AT: 0153 FORT AVENUE
ISSUED ON. 10-Aug-2005 AMENDED ON: EXPIRES ON: 10-176-2006
TO PERFORM THE FOLLOWING WORK:
152-06 CONSTRUCT ADDITION PER ZBA DECISION JB
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbine Buildine
Underground: Underground: Underground: Or„ Excavation:
Service: ,Meter: - / /VY� q�/ YJ Footings: -� —�
Rough: Rough �a Rough: �a Foundation:
Final: Final.
Final: - Rough Frame: (,
Fireplace/ inn y d�
D.P.W. Fire Health
Insulation:
Meter: Oil: � �
Final: (� L
House# Smoke:
Treasury:
Wattr: Alarm: -
Sewer: Sprinklers:
THIS PERMIT IV'AY BE REVOKED BY THE CITY OF SALEM UPON VIO F TSt
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2006-000313 10-Auo 05 ^ ^304 $3,075.00
—,A— •L A.. n��rU�
h�ll fnr PgYrr
GcoTMS®2005 Des Lauriers Municipal Solutions,Inc.
Vnvf AD
CITY OF SALEM
BUILDING PERMIT
Certificate No: 152-06 Building Permit No.: 152-06
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENCE------ -- located at
------- --- -
--------------- ----
Dwelling Type
0153 FORT AVENUE in the CITY OF SALEM
-----------------
------- ---- ----- ----- ---- ------ . --- ---
-- ------------------'---
Addy ------- ------------- Town/City Name
Address
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
CONSTRUCT ADDITION
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires ------.-----_ ---- ----- -----------
_-----
unless sooner suspended or revoked.
Expiration Date
----- ----
Issued On:Mon Dec 18,2006 ___
CeoTMSs,fl 2006 Des Lauriers Municipal Solutions,Inc. - - --
-- -
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CITY OF SALEM, ALEA._ MA
BOARD OF APPEAL CLERK'S OFFIOE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-748-9595 1006 FEB -9 P 4. 55
FAX: 978-740-9848
REQUEST TO MODIFY THE DECISION OF THE PETITION OF KATI OLSON FOR
THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
A hearing on this petition was held on February 8 2006 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, 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, Kati Olson requests to modify the decision of the petition dated
December 17, 2003 for the property at 153 Fort Avenue B-1.
The provisions of the Salem Zoning Ordinance which are applicable to the request
modification to the Special Permits and Variances and Section 5-3 0) and Section 9-5,
which provides 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 of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which are not generally affect the land,
building or structure involved and which are not generally affecting other lands,
buildings, or structures in the same district.
J
REQUEST TO MODIFY THE DECISION OF KATI OLSON FOR THE PROPERTY
LOCATED AT 153 FORT AVENUE B-1
page two
Literal en
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, and after
viewing the plans, makes the following findings of fact:
1. Petition was presented by Kati Olson, owner.
2. Ms. Olson asserted that the property is zoned for business.
3. Ms. Olson asserted that she no longer needs or intends to use the first floor as office
space for her business as presented in the prior petition.
4. Don Moore of 155 Fort Avenue spoke of his concerns about the existing telephone
pole located which needs to be moved to accommodate a garage entrance.
5. Mr. Moore requested that the petition he continued to allow him time to communicate
with the petitioner concerning the new location of the telephone pole.
6. ZBA Chair Nina Cohen advised Mr. Moore that the petition was for a use of the
property as a single family residence and inquired if Mr. Moore had any comments or
opposition to the petition
7. Mr. Moore stated that he had none; his concern was with the location of the electrical
wiring overhead.
8. Ms. Olson asserted with the support of her contractor Jim Higgins that the
construction is being completed as per the plans submitted and approved.
9. Contractor Jim Higgins stated that he has requested the telephone pole to be moved
from its present location.
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 do exist which especially affect the subject property and not the
district in general
2. Literal enforcement of the provisions of the Ordinance would involve sustantial
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 this ordinance.
REQUEST TO MODIFY THE PETITION OF KATI OLSON FOR THE PROPERTY
LOCATED AT 153 FORT AVENUE B-1
4. The modification requested can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal unanimously voted 5-0 to grant to modify the
decision with 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 and dimensions submitted 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 permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
8. Unless this decision expressly provides otherwise, any zoning relief granted
Does not authorize petitioner to demolish or deconstruct any structure(s) on the
property to an extent of greater than 50% of the structure as measured by floor
area or replacement cost. If a structure on the property is demolished by any
means to an extent of more than 50% of its floor area at the time of destruction, it
shall not be reconstructed except in conformity with this Ordinance.
9. Property shall remain a single family dwelling
Niick Helides
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 II, the Variance or Special
Permit granted herein shall not take effect until a copy of this decision, hearing 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 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
c CITY OF SALEM9 MASSACHUSETTS
$�
BOARD OF APPEAL CCLCRITY Fy SAI
9t
120 WASHINGTON STREET;3RD FLOOR C"�r'�S-OFF, MAI
SALEM, MAO 1970 E
TEL.x(978) 745-9595
M�n6 FAX (978) 740-9846
J.STANLEYMAYOR
VICZ, JR. OCT
23 ^ 2. �A
DECISION OF THE PETITION OF GEORGE HOXHA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 151-153 FORT AVENUE R-1
A hearing on this petition was held October 16, 2002 with the following Board Members
present: Nina Cohen, Joan Boudreau,Stephen Harris, Nicholas Helides and Joseph
Barbeau. 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 for lot area, lot width, lot coverage, side, front
and rear setbacks to subdivide his property located at 151-153 Fort 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. Petitioner seeks variances from lot area,Jot width, lot coverage and from the
setback requirements in order to subdivide his property at 151-153 Fort Ave. in
the Salem Willows section of Salem.
2. Petitioner's property consists of two existing nonconforming buildings on lot
that merged by operation of law in a previous ownership. One of the buildings is
in residential use; in the other petitioner operates a'store selling drinks and
snack. .Subdivision would allow petitioner to sell'on'of the properties as "a
separate lot for use as a single-family residence,
DECISION OF THE PETITION OF GEORGE HOXHA REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 151-153 FORT AVENUE R-1
page two
3. Petitioner brought a 1915 map showing a lot layout for his and the surrounding
lots in which the two properties were initially separate lots. The board surmised
the early layout showed small lots designed for summer cottages in the seaside
park area. Now winterized for year-round use, petitioner's residential property is
not out of keeping with the character of the neighborhood although it does not
meat the zoning code's current lot size requirements.
4. Thee was no opposition to the proposed variance.
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 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 5-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes 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 proper street numbering for the City of Salem Assessors Office
and shall display said number so as to be visible from the street.
4 Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to the Planning Board.
VARIANCE GRANTED / vJ�/� "C J ' C')
OCTOBER 16, 2002 Nina Cohen, Chairman n�
Board of Appeal � m
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DECISION OF THE PETITION OF GEORGE HOXHA REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 151-153 FORT AVENUE
page three
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 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
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COMPLAINT PlLLO:
CC: CITY SOLICITOR 2/13/04
Law Offices BOARD OF APPEALS, CHAIR—
DECOULOS & DECOULOS PERSON AND BpA�RD OF APPEALS
39 Cross Street(Suite 204)
Peabody, Massacetty,Ot1960 P�
Telephone (978)'5�32�1'O�d /e,��',D
Nicholas).Decoulos 2004 FEB Ilames N.Decoulos
E-mail:awalters®decouloslaw.com 3 A IQ 5(,
CLi=:', :, OM
DELIVERED IN—HAND
February 13, 2004
o r�
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City Clerk, City of Salem W
93 Washington Street �.
Salem, MA 01970
RE: Donald W. Moore A
VS. George Hoxha, Kati Olson and the !/
Board of Appeal of the City of Salem p1 3 61(� U
Dear Sir or Madam:
Pursuant to General Laws, Chapter 40A, Section 17, you
are hereby notified that an appeal from the decision of the
Board of Appeal, which decision was filed with your office
on December 31, 2003, as it relates to the granting of a
special permit and variance to George Hoxha and Kati Olson,
was filed with the District Court Department, Salem Division
on February 13, 2004 . Enclosed please find a copy of the
Complaint .
Very truly yours,
DECOULOS & DE COU OS
G%�
Nicholas Decoulos
NJD: aw
Enclosure
C:\Documents and Settings\AnnXP\My Documents\CLIENTS\Moore\CityClerk.Let.doc
2/9/02 - #5282
REDGEI`0[n�'E'PA.-- )H OF MASSACHUSETTS
ESSEX, ss . 1004 FEB 13 A 10: 50 1 DISTRICT COURT DEPT.
SALEM DIVISION .
******************************** ***********
DONALD W. MOORE,
Plaintiff
*
V. * VERIFIED
* COMPLAINT
GEORGE HOXHA, KATI OLSON, NINA COHEN,
STEPHEN HARRIS, RICHARD DIONNE,
JOSEPH BARBEAU AND BONNIE BELAIR
AS THEY ARE THE MEMBERS OF THE BOARD
OF APPEAL OF THE CITY OF SALEM, * ��
Defendants * '
*******************************************
U4
INTRODUCTION c
This is an appeal pursuant to General Laws, Chapter
40A, Section 17, which challenges the approval by the City
of Salem Board of Appeal of a Petition for a Special Permit
and Dimensional Variances made by the Defendants, George
Hoxha and Kati Olson, for the property located at 153 Fort
Avenue, Salem, Massachusetts .
JURISDICTION
Jurisdiction has been granted to the District Court by
General Laws, Chapter 40A, Section 17 , to "hear all
evidence pertinent to the authority of the board or special
permit granting authority and determine the facts, and,
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upon the facts as so determined, annul said decision if
found to exceed the authority of such board or special
permit granting authority or make such other decree as
justice and equity may require . "
PARTIES
1 . The Plaintiff is Donald W. Moore (Moore) , of 155
Fort Avenue, Salem, Massachusetts .
2 . The Defendant, George Hoxha (Hoxha) , resides at
15 Brook Road, Topsfield, Massachusetts .
3 . The Defendant, Kati Olson (Olson) , resides at 3
Winter Island Road, Salem, Massachusetts .
4 . The following named Defendants are the duly
appointed members of the City of Salem Board of Appeal
(Board) :
Nina Cohen, 22 Chestnut Street, Salem, MA
Stephen Harris, 148 North Street, Salem, MA
Richard Dionne, 23 Gardner Street, Salem, MA
Joseph Barbeau, 48 School Street, Salem, MA
Bonnie Belair, 113A Federal Street, Salem, MA
ALLEGATIONS OF FACT
S . Moore is the owner in fee simple of the property
located at 155 Fort Avenue, Salem, Massachusetts, which is
more particularly described in a Deed recorded at the Essex
South District Registry of Deeds , Book 6327, Page 389 .
6. Moore is an abutter, as described in General
Laws, Chapter 40A, to the property owned by Hoxha known as
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153 Fort Avenue (the Property) and shown on Assessor' s Map
45 as Lot 12 .
7 . Both Moore' s property and the Property are
located in a B-1 zoning district as defined by the Zoning
Ordinance adopted by the City of Salem.
8 . On November 21, 2003, a Petition was filed with
the Board by Hoxha and Olson to vary the terms of the Salem
Zoning Ordinance and also to request a special permit to
expand a non-conforming structure from one story to two and
one-half stories . (Appendix 1)
9. Pursuant to General Laws, Chapter 40A, the Board
gave notice and held a public hearing on December 17, 2003 .
10 . Moore did not receive notice of the public
hearing but did appear at the hearing and objected to the
granting of the special permit and variance.
11 . On December 23, 2003, Moore hand delivered a
letter from his attorney to Sally Murtagh, Clerk of the
Board, which letter requested the Board to mail to him and
to Moore a copy of the decision to be rendered by the Board
in order that Moore' s rights of appeal could be properly
reserved. (Appendix 2)
12 . On December 31, 2003, the decision of the Board
was filed with the City Clerk, a certified copy of which is
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attached hereto, expressly made a part hereof and
incorporated herein by reference. (Appendix 3)
13 . On or about January 7, 2004, Moore received
notice of the decision but no notice of the decision or the
decision was given or mailed to Moore' s attorney as
requested.
14 . On or about January 27 , 2004, Moore became aware
of the filing of the decision and requested a certified
copy from the City Clerk' s office .
15 . On January 27, 2004, Moore appeared before Sally
Murtagh, the Clerk of the Board, and stated to her: "I
thought that you were going to mail a copy to my lawyer. "
Ms . Murtagh' s reply was : "I did exactly what I was legally
required to do. "
16 . The Board' s failure to notify Moore' s attorney of
the filing of the decision as was requested in Appendix 2
induced Moore, who relied on the Board' s compliance with
the request of his attorney, not to notify his attorney of
the filing of the decision and therefore the Board is
estopped from making any claim that this appeal is barred
because it does not comply with the filing requirements of
G. L. c. 40A, § 17 .
17 . The decision exceeds the authority of the Board
in granting the special permit or variance, or both,
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because it fails to make specific findings that owing to
circumstances relating to the soil conditions, shape, or
topography of such land or structures and especially
affecting such land or structures but not affecting
generally the zoning district in which it is located, a
literal enforcement of the provisions of the ordinance
would involve substantial hardship, financial or otherwise,
to Hoxha or Olson, and that desirable relief may be granted
without substantial detriment to the public good and
without nullifying or substantially derogating from the
intent of the such ordinance, as required by G.L. c. 40A,
X10 .
18 . The Board failed to comply with the requirements
of Section 9-4 of the Zoning Ordinance of the City of Salem
as it relates to the granting of special permits and
exceeded the authority granted to it in the granting of
special permits .
19 . The Board failed to comply with the requirements
of Section 9-5 of the Zoning Ordinance of the City of Salem
as it relates to the granting of variances and exceeded the
authority granted to it in the granting of variances .
20 . The decision fails to state with specificity the
extent of the special permit granted as it relates to the
land and buildings .
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21 . The decision fails to state the extent of the
variances granted from the requirements of the Zoning
Ordinance as it relates to setback requirements and parking
requirements.
CAUSE OF ACTION
21 . Moore is aggrieved by the decision of the Board,
which is contrary to the Zoning Ordinance of the City of
Salem, does not comply with the Zoning Ordinance or General
Laws, Chapter 40A, and exceeds the authority of the Board.
REQUEST FOR RELIEF
WHEREFORE, Moore requests that :
1 . The Court conduct a hearing, hear all of the
evidence pertinent to the authority of the Board to issue
special permits and variances, determine the facts, and,
upon the facts as so determined, annul the decision of the
Board by making a specific finding that the decision
exceeded the authority of the Board.
2 . The Court notify the Building Inspector and the
City Clerk to change their records accordingly.
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3 . The Court make such further findings as justice
and equity may require as allowed by c. 40A, § 17 .
Nicholas J. Decoulos
BBO #11776
DECOULOS & DECOULOS
Attorney for Plaintiff
39 Cross Street (Suite 204)
Peabody, MA 01960
Tel . 978/532-1020
February 12, 2004
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I, Donald W. Moore, do hereby state under the
penalties of perjury that I am the Plaintiff named and
described in the foregoing Complaint; that I have read the
contents thereof and as to all matters of fact therein
stated the same is true and as to all matters therein
stated on information and belief, I believe them to be
true .
Donald W. Moore
I
CITY OF SALEM, MASSACHUSETTS
-NOY 2b A Ih BOARD OF APPEAL
4 � .
I�
O Tf 9ojL"OF EPPEMA .
sf The Undersigned represent that tbey are the owner(,)of a car Di Parcel of land laws at
Street Zoning Diparcel
and said parcel V affected by Section(s) of the Manachuaetts StateBulldlnq Code.
Blow ilovarlbing the work proposed have been submitted to the Infi1P er of Huedlago In aaaardanae With Seatlon IX
;dil orthe Zoning Ordinance. .�
� - Direct Appeal
he Application for Permit was denied by the Inspector of Buildings for the following rsoon(s):
Direct Appeal
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Toning Ordinance and/or the
-Butldtnq Cods end order the inspector of Buildings to approve the application fee permit to build as filed, as the
enforcement of said Zoning By-Laws and Building Code would Involve practical difficulty or unnetxsaary lurdddP to
thA Undersigned and relief may be granted without substantially derogating h-om the Intent and purpose of the
Zoning Ordinance and Building Code for the following reasons:
Applicant is requesting a special permit to expand a non-conforming structur'
from 1 story to 2; stories.Petitioner is also seeking varience from lot
coverage and rear setback to construct a stair tower on the rear of the prop'
Proposed coverage will be 528 instead of the 498 allowed.
Rear setback will be 121feet instead of the required 30' .
Applicant is also requesting relief from parking requirement.
LEASE PRINT) .
o Petitioner.
Owner. . �PlTA X1,17
"'-'- m.,.,�f'Pt.t- ML Address. 3 Winter I81
Address: 15 Brook Rd
Tel.No. _ _ Tel.No. -
(SI afore)
Date:
Of tide petition will be returned to
This original application mast be filed with the City Clerk .A d with the Se Of the Board of Appeal, four .
pedtloner at the time of filing with the Cfly Clerk to then a for arming in the amount of
weeks prior to the meeting of the Board of Appeal News*- �� f
with &
y made payable to the'Salem Evening
t t2
8S '.b V SZ AM, HT
"A TRUE COPY .
`b
ATTEST., 1dM SHIOTf,,
CITY CLERK
Law Offices
DECOULOS & DECOULOS
39 Cross Street(Suite 204)
Peabody, Massachusetts 01960
Telephone (978) 53.2-1020
Nicholas J.Decoulos James N.Decoulos
E-Mail awaltem@decouloslaw.com
December 23, 2003
Board of Appeals of the
City of Salem
120 Washington Street
Salem, MA 01970
Dear Members of the Board of Appeals :
Please be advised that this office represents Donald
W. Moore, the owner of property located at 155 Fort Avenue
and shown on assessor' s map 45, lot 11 .
Mr. Moore claims that he did not receive notice of the
hearing as required by General Laws, Chapter 40A, with
regard to the petition of Kati Olson requesting a special
permit and dimensional variances . I am mindful that Mr.
Moore did appear at the hearing and voiced his objections
to that petition.
At this time, I am requesting that you mail to Mr.
Moore and to this office a copy of the decision that will
be rendered by your Board in order that Mr. Moore may
properly reserve all of his rights of appeal.
Very truly yours,
DECOULOS & DECOULOS o
. xo'iL(11�L�J
Nicholas J. Decoulos . '
NJD: aw
< U
C:\DocumentsSeuings\AnnXP\My DoFuments\W ORKUIoore.BdApp.lxt.doc
coed CITY OF SALEM, MASSACHUSETTS CITY OF$A-LEM"MA
BOARD OF APPEAL CLERt1'_S.QfFICE
3 g; 120 WASHINGTON STREET, 3RD FLOOR
Ott fro. SALEM, MA 01970
eye=`••-^� TEL. (978) 745.9595
��mwerPt' FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
A hearing on this petition was held December 17, 2003, with the following Board
Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and
Bonnie Belair. 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 a Special Permit and Dimensional Variances from lot coverage
and parking to expand a non-conforming structure for the property located at 153 Fort
Avenue located in a B-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 (j), which provides 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 Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 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 of the City's inhabitants.
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 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
of the Ordinance
DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The Petitioner Kati Olson appeared and represented herself at the hearing.
2. Plans were submitted showing the proposed project The Petitioner would like to
expand the structure from a 1 story to 2 '/2 stories and construct a stair tower on
the rear of the property
3. In support of the petition was Shaun Clark of 141 Fort Ave., Ed Mederios of 4 '/2
Lowell Street, Jennie Ventura of 4 Y2 Lowell Street, Frank Pierce of 75 Columbus
Ave.
4. Opposed to the petitioner's plans was Donald Moore of 155 Fort Avenue. He was
opposed due to the size of the project would block out light to his property next
door. He also has a problem with the parking issues.
5. Concerns were raised about the sewer lines at the property. The City Engineer
was contacted after the last meeting about 151-153 Fort Ave
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning 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 Ordinance would involve 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
4. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions;
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 and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
page three
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
6. Petition shall obtain a Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board and the City Engineer.
Special Permit & Variance Granted
December 17, 2003
eph Barbeau
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.
Gai:
FES 5 2094 Board of Appeal
herr.,, c rdly that 20 days have expired
from the date ';his instrument was received,
and that Pio .u? -\+_ I as been filed in this
office. d.
ATrue
ATTEST:_C:" ilam, Mass.
M6 6z
Cheryl A. LaPointe v��conmiT��O
0" , �'; 64,
\ F Q.
°�rnwe o0
October 4, 2004
I hereby certify that twenty (20) days have expired from the date this
instrument was received, and that NO APPEAL has been filed in this office,
except the one appeal filed in the Salem District Court, Docket #200436CV000152,
which appeal has been dismissed by the court, an attested copy of its decision
is on file with this office, and copy of same is attached hereto.
A TRUE COPY CHERY A. LaPOINTE
ATTEST: CITY CLERK
DOCKET NUMBER Trial Court of Massachusetts ... ...
Civil District Court Department '\i.H
DOCKET 2oo436CV000152a ':s
CASE NAME CURRENT COURT
DONALD W.MOORE vs. GEORE HOXHA AS HE IS MEMBER OF THE BOARD OF APPEAL CITY Salem District Court
OF SALEM
65 Washington Street
Salem, MA 01970-3572
ASSOCIATED DOCKET N0. DATE FILED DATE DISPOSED (978) 744-1167
02/13/2004 04/23/2004
PLAINTIFF(S) PLAINTIFFS ATTORNEY
P01 DONALD W. MOORE NICHOLAS J. DECOULOS
39 CROSS STREET
PEABODY, MA 01960
(978) 532-1020
n
0
r <
io �c,
n �T
uTon
DEFENDANT(S)/OTHER SINGLE PARTIES DEFENDANTS ATTORNa>
D01 GEORE HOXHA as he is MEMBER OF THE BOARD OF APPEAL CIT DANIEL JOHN MACDONAO3
15 BROOK ROAD 29 LOWELL STREET v
TOPSFIELD, MA 01983 PEABODY, MA 98960
(978) 741-9262
D02 KATI OLSON as she is MEMBER OF THE BOARD OF APPEAL CITY THOMAS T. TRUAX
D03 NINA COHEN as she is MEMBER OF THE BOARD OF APPEAL CITY
D04 STEPHEN HARRIS as he is MEMBER OF THE BOARD OF APPEAL
D05 RICHARD DIONNE as he is MEMBER OF THE BOARD OF APPEAL o."'Q f:g:,;
a' 5
ET AL
�NI
NO. ENTRY DATE DOCKET ENTRIESy? chi
1 02/17/2004 Complaint fled on 02/13/2004 at Salem District Court. :
2 02/17/2004 Appearance for Donald W.Moore filed by Attorney NICHOLAS J.DECOULOS 39 Cross Street Peabody MA 01960 BBO#117760
A TRUE COPY ATTEST.- _.
3 02/17/2004 Filing fee of$180.00 and surcharge of$15.00 paid(G.L.c.262§§28 •/��
4 02/17i2004 DISMISSAL UNDER STANDING ORDER 1-88 TIME STANDARDS alenliaNyap^ le mi28/200506 01 PM
TE__ __ _
5 02/17/2004 DISMISSAL UNDER MASS.R.CIV.P.4(j)potentially applicable on 05/30/2013406:01 PM.
6 02/17/2004 Affidavit of compliance regarding service of process by P01 DONALD W.MOORE fled.
- -
7 03/04/2004 Appearance for Geore Hoxha As He Is Member Of The Board Of Appeal City Of Salem filed by Attorney DANIEL JOHN
MACDONALD 29 Lowell Street Peabody MA 01960 BBO#656751
A TRUECOPY, CLERK-MAGISTRATE/ASST.CLERK DATE
Page 1 of 2 ATTEST: X
Date!Tinne Printed: 101052004 09'.41 AM
DOCKET NUMBER
DOCKET CONTINUATION 200436CV000152
NO. ENTRY DATE DOCKET ENTRIES
B 03/05/2004 ;Answer filed by P01 DONALD W.MOORE.TO VERIFIED COMPLAINT
9 03/09/2004 Appearance for Kati Olson As She Is Member Of The Board Of Appeal City Of Salem fled by Attorney THOMAS T.TRUAX 530
'Loring Ave.,Suite 101 Salem MA 01970 BBO#503230
10 03/09/2004 Motion for summary judgment(Mass.R.Civ.P.56)filed by 002 KATI OLSON.
11 03/09/2004 MOTION SCHEDULED FOR HEARING on 03117/200409:00 AM.
i •
12 03/09/2004 AFFIDAVIT OF CHERYL LAPOINTE,ASSISTANT CITY CLERK IN THE OFFICE OF THE CITY CLERK
13 03109/2004 Affidavit of D02 KATI OLSON filed.
14 03/09/2004 AFFIDAVIT OF THOMAS T.TRUAX,DEFTS ATTY C")--1
c
r -<
M
o 22c
Motion for summa judgment(Mass.R.Civ.P.56)filed by D01 GEORE HOXHA. R
15 03/10/2004 summary _ 1 �cn
En v
o r-
16 03/1012004 MOTION SCHEDULED FOR HEARING on 03/17/200409:00 AM. D
n.
r*13
17 03/16/2004 MOTION SCHEDULED on 3/17/0409:00 AM RESCHEDULED for 312410409:00 AM.Reason:Request 211 parties.
18 04/14/2004 PLAINTIFF'S MEMORANDUM IN SUPPORT OF DENIAL OF DEFTS MOTION FOR SUMMARY JUDGMENT-FILED 3124/04
19 04/14/2004 DEFTS Motion for summaryjudgment(Mass.R.Civ.P.56)allowed(Dowling,Hon.Patricia A.).4/5/04
20 04/23/2004 Notice of appeal to Appeals Court filed by P01 DONALD W.MOORE(Mass.R.A.P.3(d));trial judge&other parties notified,filed
on 4-16-04
21 05/21/2004 Judgment for D01 GEORE HOXHA&D02 KATI OLSON&D03 NINA COHEN&D04 STEPHEN.HARRIS B,D05 RICHARD
DIONNE&D06 JOSEPH BARBEAU&D07 BONNIE BELAIR against P01 DONALD W,MOORE 1iOoR'rr4. for-
summary
judgment(Mass.R.Civ.P.56)(Dowling,Hon.Patricia A.);parties notified.
Notice of appeal to Appeals Court filed by P01 DONALD W.MOORE(Mass.R.A.P.31n)), trial ju o er pa notified
22 06/17/2004 PP P - t
:s,
23 08/1112004 Motion to dismiss appeal(Mass.R.A.P.10[c])filed by D02 KATI OLSON. p ��`��`''''¢~
'i ..• osl=.��
24 08/11/2004 MOTION SCHEDULED FOR HEARING on 08118/200409:00 AM.
25 10/04/2004 Motion to dismiss appeal(Mass.R.A.P.10[c])allowed(Dowling,Hon.Patricia A.).9114/04(NO OPPOSITION HAVING BEEN
FILED)
FK-UhLaIST RV--<=---
A TRUE COPY, CLERK-MAGISTRATE/ASST.CLERK CLERK/MAGISM DATE
Page 2 of 2 ATTEST: X -
Date/Time Printed: 10/05/2004 09:41 AM
6�coxole o CITY OF SALEM, MASSACHUSETTS VTYCOf SALEM MA
3v BOARD OF APPEAL CLERKS QPr7GE
_ 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745.9595
FAx (978) 740-9846 �y
STANLEY J. USOVICZ, JR. _ uGl. �I Ala 09
MAYOR
DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
A hearing on this petition was held December 17, 2003, with the following Board
Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and
Bonnie Belair. 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 a Special Permit and Dimensional Variances from lot coverage
and parking to expand a non-conforming structure for the property located at 153 Fort
Avenue located in a B-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), which provides 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 Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 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 of the City's inhabitants.
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 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
of the Ordinance
DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. The Petitioner Kati Olson appeared and represented herself at the hearing.
2. Plans were submitted showing the proposed project The Petitioner would like to
expand the structure from a 1 story to 2 '/2 stories and construct a stair tower on
the rear of the property
3. In support of the petition was Shaun Clark of 141 Fort Ave., Ed Mederios of 4 '/2
Lowell Street, Jennie Ventura of 4 '/2 Lowell Street, Frank Pierce of 75 Columbus
Ave.
4. Opposed to the petitioner's plans was Donald Moore of 155 Fort Avenue. He was
opposed due to the size of the project would block out light to his property next
door. He also has a problem with the parking issues.
5. Concerns were raised about the sewer lines at the property. The City Engineer .
was contacted after the last meeting about 151-153 Fort Ave
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning 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 Ordinance would involve 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
4. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions;
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 and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
THE
TING
SPECIAOL POERMIT FOR THOE PROPERTY LOCAT DOAT B 3 FORT AVENUE B_1
page three
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
6. Petition shall obtain a Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board and the City Engineer.
Special Permit & Variance Granted
December 17, 2003 n
Jeph Barbeau
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 fn 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.
D�9 OCT 0 6 2004 Board of Appeal
~ reby certify that 20 days have expired
^m the date this instrument was received,
h: ' NO APPEAL has been filed in this
t True Copy �6w
�7EST:_CITY Salem, Mass.
CITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR
LO WASH]NGI ON$'17lEEC* $:LLEAt,%1r\SSACIi Sol 970
TEL:978-745-9595 ♦ FAx:978-740-9846
VIOLATION NOTICE
PROPERTY LOCATION 153 Fort Avenue
August 24, 2006
Kati Olson FILE
153 Fort Avenue COPY
Salem, MA 01970
Dear Ms. Olsen;
The above listed property has been found to be in violation of the following State Codes
and/or City Ordinances:
780 CMR, State Building Code, Section 118 states that it is unlawful to occupy
any premises without a Certificate of Occupancy. Said occupancy must Cease
and Desist until such time as a CO has been issued.
Said violations must begin to be corrected, repaired, and/or brought into compliance
within 2 days of your receipt of this notice. Failure to do so may result in further actions
being brought against you, up to and including the filing of complaints at District Court.
If you have any questions regarding this letter, please contact the Building Inspectors
Office at (978) 745-9595, extension 386.
Sincerely,
o ph E. Bazbea , Jr.
Assistant Building Inspector
CC: file, Mayor's Office, Councilor Corchado, Health Dept., Fire Prevention, Electrical
Dept., Police Dept.