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153 FORT AVENUE - BUILDING INSPECTION r 153 FORT AVENUE 1 Law Offices DECOULOS & DECOULOS 39 Cross Street(Suite 204) Peabody, Massachusetts 01960 Telephone (978) 532-1020 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 Nicholas J. Decoulos=. NJD: aw C:�Doclmtfas ettmgsWnnXPQNy D ument,\WORK\Moore.BdApp.Let.doc J CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL PJ�T±YG�[v , - .y 1%0�1 120 WASHINGTON STREET, 3RD FLOOR VLEfi7 Vx No SALEM, MA O 1970 TEL. (978) 745-9595 FAX (978) 740-9846 �pIee STANLEY J. USOVICZ, JR. -,JN3- C'3 'Wjo 'Ug 9 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 0), 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 21/2 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 41/2 Lowell Street, Jennie Ventura of 41/2 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. -r 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. Board of Appeal i ' f TWO FOR THE PRICE OF ONE! M ,\� Price: $179,000 Style: Cottage Age: 65+- - Lot Size: 5,018 ;,. Liv. Area: 798 t � Rooms: 4 Bedrooms: 1 Baths: 1 Taxes: $2,141.83 Assess: $159,600 Zoning: B-2 Possession: TBD MLS#: ADDRESS: 151-153 Fort Avenue, Salem U Directions: Between Lowe & Bayview B 1 2 13 141 Eat-In Kit x Exterior Cl brd Color White Dining Room x Foundation Stories 1 w ``, Living Room x Garage No ParkingOff Street d o Family Room Basement Partial Electric Fuses " c a Master Bed x Heat Steam Fuel Oil = Bedroom 2 Hot Water Tnkless OO/R Bedroom 3 Sewer city Water city x E Bedroom 4 Insulation UK ms Full Bath x Floors W/W N Z d; Half Bath A/C No 0 3 Season Pch x Dishwasher No Refrig No Fireplace Stove Elect Disposal No y Deck pyo to E Ln w m o Salem Willows great location, 4 room cottage plus separate 1,195 s1 store,park and waterviews just steps to beach. Book: 15814 Pae- 86 d aN VM: 978-739-2642LB: John Crosby SAC: 2.5 BAC 2.5 m E Subject to errors,omissions,prior sale,change or withdrawal without notice. V d o Lu iA d 207 WASHINGTON STREET, SALEM, MA 01970 06 0 (978) 741-0500 Fax: (978) 741-2406 o� d www.carlsonre.com 0.0 ae ood a,U� 151-153 Fort Avenue, Salem r Cottage: * Currently tenant occupied at $750.00 per month TAW, Tenant pays utilities * Ceiling fans,refrigerator& microwave belong to tenant * Three season porch with harbor views,unheated crawl space below * Newer asphalt shingle roof * Some replacement windows and combos * Cape style basement * Off street parking * Self feed oil fired steam furnace Store: * Currently vacant * Equipment not being sold * 1,195 square feet on one floor, large open retail area, rear prep/storage room with half bath * Unfinished basement * 200 amp electric * Non-functioning oil fired steam furnace, as is 66/ e APPLICATION FOR PERMIT TO ERECT A SIGN ��..0 Salem, Massachusetts IS 19� w� 1 PERMIT MUST BE OBTAINED BEFORE BEGINNING WORK APPLICATION MUST BE SUBMITTED TO THE BUILDING INSPECTOR WITH STAMPED APPROVAL FROM THE SALEM REDEVELOPMENT AUTHORITY. TO THE BUILDING INSPECTOR: // The undersigned hereby applies for a permit to V Erect, Alter, Repair a sign on the following described building. Location /53 FOR7_ AVE, SALEM MA Zoning/District Name of Property Owner PAMELA h -PAGE Name of Sign Owner PAMELA M lkolE Address /53 /�O}2 7- AVF , -SALEM 14,4 D/976 If Owner is a corporation, name of responsible Officer Name of Licensed Sign Erector Address Salem License No. Use of Building: 1st Floor V, 3rd Floor 2nd Floor 4th Floor Type of Sign: k1 Surface Right Angles to Building Free Standing , Other ( j Height: Sign Materials : Sign Dimensions : 3 W X �5 L Sign Area Z SF Existing Signs : Surface: Sign Area SF NonNE Right Angles : Sign Area SF Free-Standing: Sign Area SF Other: Sign Area SF Signs to be removed: Type Sign Area SF Frontage: Building 3;L FT FT Property 501FTA --a Signature of Owner �•a�'�}1 ti ]L/ i Name & Address of Address y I �3A'/ STArF A01D PE74& r M/} D19LO Insurance Company:,, Telephone ul M140 - q'7,60 14 Estimated Cost of New Work: APPROVALS: AikICATION TO ERECT, ALTER, OR REPAIR PLAN OF LOT AfSIGN IN THE CITY OF SALEM ------------------------------------ Show Location of Present Structure snd Signs BUILDING LOCATION: BUILDING USE: ------------------------------------- ------------------------------------- CONDITIONS a y ------------------------------------ ------------------------------------ PERMIT GRANTED � �' 199/� N LL O tl r Z w x u Q Lummies Yummmies 3' Variety • 9 " I-ErrERS-SLACK ON A WHiTC $ACK6RoUN17 • 5URFAC6 Moun1TED A i 7Aclo4E rr 1 a F z Sign Specification from Wayne Industries 1-800-239-9990 • Cabinet is 4 3/4" wide mill finished aluminum with 1" thick 2" x 2" x 1/8"galvanized steel angles bolted with 4 chromium plated bolts in each corner. • Face panel is polycarbonate plastic. • Sign is UL listed lllummated with high output daylight lamps spaced 12" on center. SALEM FIRE DEPARTMENT Fire Prevention Bureau RECOMMENDATION Name l/.lir -r f d.tAA --- --- Date.J fi '-.' (✓1 ........ .......19../. le Address-----1��j -O!�C..� .kv e i---------sn/,.ZM As a result of an inspection this date of the premises owned and/or occupied by you, the following recom- mendations are submitted which should receive serious consideration. These recommendations are made in the interest of fire prevention and to correct conditions that are or may become dangerous as a fire hazard or are in violation of law. �✓ / ' rl >-✓�!` 1� tAl ' t3? ! F /� / S/ +r Sf l l�lV !jf ✓ 7 Reinspection date:-------6.f---�- '7 .. -------- 11` k -- _.... { -- Fo=255FFB . ". � '�.'�. -h:'� .t..r'`"; .nspector -�r►�.,, .�. \. . r �r f (Situ of �$,Ijrnj, r 2ISSMCh1ISPffS = r n � •. � �Hera of 3FIenith Com.�arcia �Tnuntie,�l2_�. Mqy 31, 1972 QMr or Occupant 153 Fort Avenue Salsa, MA 01970 Dear Sirs Lt is noted that extensive repairs and renovations are now being made at 153 Fort Avenue in Salem. It is believed that it is the intention to make this a food service establisbment, tou are advised that no food service establishment may be constructed or amodeled unless properly prepared plans and specifications for such construction hmbeen submitted to the Board of Health before such work is begun. You are further advised that no electrical work, plumbing installation, and renovations to structure can be made unless permits are obtained for such work from the various departments of the City of Salem. - .You are requsated to cease all work and renovations until such time as you have approval from the Board of Health of the City of Salem. FOR THE BOARD OF HLUM Reply to: JO':dd J. TOOMLY, D.S.C. Colin E. Cam�sron.. R.S. Health Agent Senior Sanitarian f Certified Mail #786861 CCs Building Inspector City Electrician Plumbing Inspector One Copy Hand Delivered CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIM BERLEY DRISCOLL MAYOR 120 WAS[]ING'I ON S'IRLM ♦ S.AI_FAL MASSA(:[WSErrs 01970 "rr.L:978-745-9595 ♦ FAX:978-740-9846 VIOLATION NOTICE_ PROPERTY LOCATION 153.Fort Avenue_, August 24,20061 Q/ Kati Olson 153 Fort Avenue 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, /AAo ph E. Barbea , Jr.istant Building Inspector CC: file, Mayor's Office, Councilor Corchado, Health Dept., Fire Prevention, Electrical Dept., Police Dept.