17 GREENWAY ROAD - BUILDING INSPECTION o��c� � °
17 C�I�F� �A y 12v�
, LE
PT
34 Barr Street
Salem, MA 01970 OCT 5
October 3, 1989 ROCU 56 �� '89
Cl Ty OF S4IEMDM�SS."
Mr . William Munroe
SALEM BUILDING INSPECTOR
1 Salem Green
Salem,MA 01970
Dear Mr. Munroe:
I am writing to you concerning two (2) carpentry jobs
contracted by my uncle , Mr . Phillip J. Brown, of X17 Greenway
Road, with Mr . Ted Mistretta, Construction Unlimited, 386
Rantoul St . , Beverly, phone : 921-1525. (Home address: 73
South Elm St . , Lynn - Soc . Sec . # 034-36-5445. )
The first complaint is about having his back stairs
replaced. Mr . Mistretta extremely overcharged Mr . Brown for
this job. I have enclosed copies of all documents
pertaining to this situation .
Mr . Brown paid $3,716.53 to have his 4'x4'4" deck with
horizontal railings and 5 steps replaced. The enclosure
underneath was not changed, nor were the rotting 41'x4"
support posts. Even if the quality of work was as it should
be (see page 2 of the enclosed letter from K & M Builders
for details) , this price still would be exorbitant . Mr .
Mistretta could not have spent even as much as $200 for the
materials he used (see page 2, option #1 (not replacing the
enclosure underneath the deck] ) , however, Mr . Brown was
charged $586.68 for EXTRA materials.
Here is a list of cancelled checks paid by Mr. Brown
for the "Porch" job, (which total even higher than the
proposal ) :
(11310) $420.00 8/21/89
(#311) 500.00 8/23/89
(#313) 650.00 8/25/89
(#316) 500.00 8/26/89
(#317) 250.00 8/29/89
(#318) 1.396.53 9/06/89
TOTAL $3,716.53
Mr. Munroe
Page 2.
October 3, 1989
The second complaint is about the roof job. Again , a
sloppy job was performed, and again, he overcharged Mr.
Brown for the work he performed. He also charged Mr . Brown
almost $500 for work that he did NOT even do! There was no
work done to the gutters or the flashing, as stated in the
letter from K & M Builders. (Also, no building permits were
attained, as far as we know. )
Mr . Brown is a very knowledgeable Senior Citizen , but
he has no prior experience in dealing with contractors, so
therefore he trusted Mr . Mistretta. Mr. Mistretta, who was
aware of this, used scare tactics to pressure Mr . Brown into
doing needless work.
My father , Mr. Robert Day , and I became involved In
this after learning about how much money my uncle has been
paying out to Mr . Mistretta. He has been paid a total of
$11 ,464.85 altogether . Mr. Mistretta was stopped from
beginning more work , (this time on " leaking" pipes that
weren' t leaking) . Mr . Brown is still waiting for his $200
deposit to be returned for this job. We feel that Mr .
Mistretta would have continued on and on, finding more
things that " needed to be done" , whether or not they
actually needed doing.
We are concerned that Mr . Brown may not be the only
person who has been or will be " taken in" by Mr . Mistretta,
and want to be sure that no further damages will take place .
Mr . Brown , Mr . Day , and I appreciate you taking the
time to look Into this matter . You may reach either Bob Day
at 744-6788, or me, Patty Dumond, at 745-7203.
Thank you very much .
Respectfully yours`,, ^p
`�C�/f,l�.�.U� &A--vy �Y
Patricia Dumond
PROPOSAL
Construction Unlimited
386 Rantoul Street
Beverly, MA 01915 ,
a
(617) 921-1525
_ r •, Sheat,N
proposal itted To: ��9 Work-To Be Performed At:
Name ----- _..
Street /7-- ��-e��a-� �i D Street --
City- city_. .__ scare _
State .. .. '9"0-a-OJ . Date of Plans _ -._-- _
_-
Phone__7yy/ . /7�y _..__. _... Architect T-,"... __ .. .- ._ .. ..-_ _....... __
We hereby propose to furnish the materials and perform the labor necessary for the completion of
------
---- __ _
All material is g to be es specified, and the above, work to be performed in accordance with the drawings and
specifications submitted for. above work and completed in a 'substantial workmanlike manner for the sum of
o ars ( I.
/, 3sv �� D ll - Do
with p yments to be made as follows - ------
00 Oyr
-
'-
---- , -..
Any alteratim or deviation from above epecifkatio Involving extra y/ p
mseayai®w6yeee only uyon t er ,and Wi I bee a an Respectfully submitted �/ /. -�!
extre IPg dhen f"be me mgenC - -._ . -.---
upm atnkea aCCi Ca or a eys yoM ur car �
.._._._......_.---.-_--.-
men's Compensa�orTe�i d u i iSYi i InBg�e•bwe work be �
take"oat by Beverly, MA 01915 e—This prop�I may be withdrawn by us if not accepted
days.
10 N DFPRDPOAL� 3�
The above prices,specifications and conditions ere satisfactory and hereby accepted_ eu`are authorized do,the work asspeclfied;
Payment will be made as" Maki
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TOPsIVFOAM 3890 ORIGINAL LIMINUSA
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PROPOSAL
'I Construction Unlimited
386 Rantoul Street u "
Beverly, MA 01915 '.
(617). 921.1520 S " -
01
Proposal S,illbrpltteq To: Work To Be performed At:
Name
StreetStreet ._-
-
_ ...
City � 7. �d State
.._ sty
State ... .. _ _ . Date of PI ..--
__
Phone .� y � r —_. _ _. Architect
We hereby propose to furnish the materials and perform the labor necessary for the completion of
— (2T
_ Gifl :_. 1 4_3
All material is guaranteed tQ,be as s cified. and the above work performed in accordance wi drawings and
,specifications submitted for 'above work and completed in a.._ sfEtintiaai workmanlik n for the sum of
\ l ($ 1.
with payments to be made as follows .__.
Any alteration or deviation from above specification Involving extra
costs.will be executed only upon written orders.and will bccome an Respectfully submitted j-. ` ...-.. ... -----
extra charge war and above the astimets.All agreements contingent
upon strikes,accidents or delays
beyond our control Owner to carry
gra tornado er0hh�nege�sse uupa Per .-.._....._X __..."�'L__ _.-_-_—_.-._--------
Men's Compen til �W
taken out M 386 Rantoul Street Note—This proposal may be withdrawn by us if not accepted
within---..__. days.
ACCEPTANCE OF PROPOSAL
The above prices,specifications and' Itlons are satisfactory and are hereby accep ou ere Fi ad to do the work as epeclhed
r r a
Payment will be made as outlined ahoy ' f>
Date+
Toas9wannaae0 ORIGINAL u ioIN USA
t�
I Al -, l 4,t"
pry
—-——-—--——-
PROPOSAL
'Sthee,tion Unlimited
386 Rantoul ---------
Strii!4 No-
Beverly. MA 01915
Data
r--
Sheet NcL-1/ ------
gal -J-6 0.5 rk
Proposal Submitted To: rk T;�be'Performed At:
Name.,
Street /;p t4-A.4 ------- 0Street—
City-%S.cl�' 1—------- City- State ------- ------
State
Date of Plans
,-Phone..
We hereby propose to furnish the materials and perform the labor necessary for the completion of
------------- --------- ...............
All material is guaranteed to be 'aSr specified, and the above work to be performed in accordance with the drawings and
specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
Dol ars 113 3Y,0-0 1.
with payments to be made as follows:
Any alteration or deviation from above epecificetione
tra
cost-%will be executed only upon written orders,and will became an Respectfully submitted
extra charge over and above the estimate.All agreements contingent
Upon strikes,accidents or delays beyond our control.Owner to carry
6M r
CftUMT(W r —
(In'Dn. lInTftHW%drk- Perl—eil
be
taken out by 386 Rantoul Street Note—This prop I may be withdrawn by us if not accepted
921 logs days.
ACCEPTANCE OF PROPOSAL
The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.
Payment will be made as outlined above.
Signature
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7 BURLEY FARM ROAD DANVERS. MASSACHUSETTS 01923
JAMES M. KIERAN 774-5530 WILLIAM D. McKENZIE 774.0129
9/27/89
Mr. Philip J. Brown
17 Greenway Rd.
Salem,Ma.01970
Dear Sir :
As requested , I have inspected the roof ,gutters ,chimney flashing
and rear porch at 17 Greenway Rd . in Salem. I am enclosing cost estimates
for the roof and rear porch . I am also reporting my observations as
noted below.
ROOF
On the roof I found several cases of poor workmanship.There were
many places where the shingle exposure was far greater than the 5 inches
recommended by the manufacturers . I measured places where the exposure
was as great as 5 3/4 inches .The seams or "brick lines" varied between
k inch to overlapping.This seems to indicate some difficulty in laying
out the roof .Along the edge of the roof , there was a strip approximately
3/4inches wide where the old roof could be seen.The roofing had been
cut too short.
These instances of poor workmanship are likely to reduce the life
of the roof and void any manufacturers ' guarantee.
As shown in my proposal ,an overlay application of shingles over
a single existing layer of shingles should cost approximately $250 . 00
per square(100 SQ.FT. ) .There are 9 squares of roofing on your house.
It is probably possible to find less expensive cost estimates for this
job. Section 073-104 on page 156 of MEANS BUILDING CONSTRUCTION COST
DATA lists a price of $80 .00/square .
CHIMNEY FLASHING
The c imney flashing has not been touched.The lead and mortar do
not show any signs of replacement .The mortar was old and the lead is
weathered.The new roofing shingles have been tarred in place ON TOP OF
the existing lead flashing.
ALUMINUM GUTTERS & FASCIAS-
The
ASCIAS=T e existing gutters looked in good shape.They were not new because
there was evidence of weathering.There were no marks or dents as if they
had been removed.The hangers showed signs of weathering. there was no
evidence that they had been newly installed .
The fascias & soffits are covered in aluminum. In order for anyone
to do work on the fascias , the aluminum would have to be removed &
replaced.The fascias & soffits I saw were not new.They looked like
they have not been tampered with for a long time.The aluminum was
dirty & showed signs of weathering.
7 BURLEY FARM ROAD DANVERS, MASSACHUSETTS 01923
JAMES M. KIERAN 774-5530 WILLIAM D. McKENZIE 774-0129
(2)
REAR PORCH
The rear porch has not been completely replaced.One 4X4 post is
so rotted at the bottom, that I was able to easily insert the 2k inch
long blade of my knife all the way into the post in several places .
Another post has been spliced at the bottom 16 inches up.
The workmanship is rather sloppy.The deck does not pitch away from
the house. On the day that I looked at the porch(9/26/89) , it had rained
during the day.Water was pooled on the house side of the deck .The bottom
riser of the stairs was 3/4 inch greater than the rest of the stairs .
The Massachusetts State Building Code only allows a flinch variance
in the height of risers in the same flight .
As noted on the bottom of my proposal , it is not recommended to
paint pressure treated wood until 6 months after installation.The
wood is very wet when it comes from the lumber yard and it needs this
time to dry out before paint or stain can be applied.
Below, I have listed my calculations for both options for the rear
porch :
OPTION #1 OPTION #2
2X6 PT 3/8 $17 .64 2X6 PT 3/8 $17 .64
2X12 PT 1/16 24. 90 2X12 PT 1/16 24. 90
1X4 PT 15/8 34. 80 1X4 PT 15/8 34. 80
4X4 PT 1/8, 1/12 16 . 35 4X4 PT 1/8, 1/12 16 . 35
2X4 PT 3/8 , 1/10 16 . 00 2X4 PT 6/8, 2/10 32 .00
1X8 PT 1/8 , 1/12 13 . 60 1X8 PT 1/8, 1/12 13 .60
1X8 #2 pine 3/8 15 . 35 1X8 #2 pine 3/8 15 .35
1X6 PT 10/10 48 .00
Hardware(hinges etc . ) 30.00
Subtotal $138 .64 Subtotal $232.64
5% Tax 6 . 93 5% Tax 11.63
Subtotal (Materials 5 . 57 Subtotal (Materials) 4 .27
Trash removal 25 .00 Trash removal 25 .00
Labor 500.00 Labor 600.00
Subtotal $-6-7-= Subtotal $$6F-27
15% 0&P 100 . 59 15% 0&P 130.39
Total 1. 6 Total $'q�
Misc. (Nails etc . ) 28 . 84 Misc . (Nails etc) 30. 34
. Total job TWO. 0 Total job $1 ,0'303
* Round figure down to $1,000.00
� ' & ??2 3uiedeza
7 BURLEY FARM ROAD DANVERS. MASSACHUSETTS 01923
JAMES M. KIERAN 774-5530 WILLIAM D. McKENZIE 774-0129
(3)
I hope this information is helpful to you. If I can be of further
assistance ,please feel free to call on me.
Sincerely yours ,
��
James M. Kieran
p � tt( Page No. of Pages' --
x & 412 3ui2ders
7 Burley Farm Rd.
DANVERS, MASS. 01923
James M. Kieran William D. McKenzie
774-5530 774.0129
PROPOSAL SUBMITTED TO PHONE DATE
Mr. Philip J. Brown 744-1764 9/27/89
STREET
JOB NAME
17 Greenway Rd. Rear Porch -Option #1
CITY, STATE AND ZIP CODE JOB LOCATION - --
Salem,Ma.01970 Same
ARCHITECT DATE OF PLANS
JOB PHONE
We hereby submit specifications and estimates for:
1) Remove exist .ng_ rear .por1h_ & dispose of ..trash.._ (retain__.skirting) ,
Build new 4 ' -0"...X 4 ' -_0" deck_ with.....6 risers using :
a) 2X6 ,pressure treated SouthernYellow_ Pin..e. _ joists_ spaced 16"
b) 2X12 "
_ stair stringers .
c) 4X4 -_post's .__ .....
I
d) 2X4 "
rail ings....to match existing
e) 1X4 " decking,.
f) 1X8
" t.rm_boar.ds .
_... _ g) 1X8.__��2 Pine, risers .
3 Re-install existing skirting,
MATERIALS_ & LABOR $8.0.0100 ....
Q 1�4) Foran additional cost of $200 . 00 K& M will paint the deck with one..
... coat of_..Cabot ' s ..stain...
* Note : Its._r.. . mmended-.,to wait for a_ period of 6_ months to elapse
before applying
We FroPOSP hereby to furnish material and labor — complete in accordance with above specifications, for the sum of,
it One Thousand and 00/100 11000.00
Payment to be made as follows: dollars($
Payment in full upon completion
i
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All material is guaranteed to be as specified.All work to be completed in a workmanlike /f
manner affording to standard practices.Any alteration or deviation from above specifics SI Iazecl
l lions involving extra costs will be executed only upon written orders,and will becontUorim
extra charge over and above the estimate.All agreements contingent upon strikes,accidents me an Sig
or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. e:This proposal may be i
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by US if not accepted within— 30
A days.
f Of 1rQ iA'Sat—The above prices, specifications
re satisfactory and are hereby accepted. You are authorized Signature
specified.Payment will be made as outlined above.
ce: Signature
FORM 1169 COPYRIGHT 19N- Available from Inc.Grolon,Mesa 010W -
�pN� tt1 Page No. Of Pages
x & 'l�2 t3uiBilezd
7 Burley Farm Rd.
DANVERS, MASS. 01923
James M. Kieran William D. McKenzie
7745530 7740129
PROPOSAL SUBMITTED TO PHONE DATE
Mr. Phili J. Brown
STREET
JOB NAME
17 Greenwa Rd. _
CITY, STATE AND ZIP CODE Option #2
JOB LOCATION
Salem Ma.01 70 Same
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates for:
1).Remove__existing_ rear._porch....& dispose-o£..--trash. --.
2).Build_ new 4 ' -0"--X 4..`O!' deck--with--6 risers.. and--skirting using: --
a).__2X6....pressur.e__treated... Southern- Yellow....Pine- joists--spaced -16" -o.c. -
b) 2X1.2._" _ __ stairstringers,
c)
c) 4X4 . . " __ _ posts_,..........
d) _.2X4....._ " _ ... _ " railings to match _.
__ _ .... existing ..andframework for....skirting. . -_
-. e) 1X4 .pres.sure._treated- Southern ..Yellow--Pine decking
f) 1X8.....__" It trim boards,
_ g) 1X6 ripped to to 2k11......for new
skirting....material. __.
..................--_...............
h) 1X8.._#2 .Pine.. risers.
. ...... I).... New....hardware for -access--to area--under-porch. (hinges , latches etc . )- -
...__............___.....................
MATERIALS & LABOR _ $110000 :.00.
*3)__.For- an--additional-cost-of-$200-.00,K & -M--will-paint -the- deck-with -one
cnar
ion #1 proposal )
Or PrII}tUfff hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
One Thousand Two Hundred and 00/100 dollars($ 1 ,200. 00
Payment to be made as follows: ).
Payment in full upon completion.
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above specifica- Authorized !
tions involving extra costs will be executed only upon written orders,and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
or delays beyond our
control.Owner to carry fire,tornado and other necessary insurance. %nI e:This proposal maybe
Our workers are fully covered by Workmen's Compensation Insurance. withdrawrfby us if not accepted within 30 days.
Ar.�.�'�pi tanrit at f roposal—The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the Work as specified.Payment will be made as outlined above.
Date of Acceptance: Signature
FORM 118-0 COPYRIGHT 1880- Avellable from®Inc.Grotor,Maes.O105O
Proposal
Page No. of Pages
& 'h2 c3uiBdeza
7 Burley Farm Rd.
DANVERS, MASS. 01923
James M. Kieran William D. McKenzie
774.5530 774-0129
PROPOSAL SUBMITTED TO PHONE DATE
STREET Mr- Pbilip J. Brown 7AA-1 66
JOB NAME
17 Greenway Rd .
CITY, STATE AND ZIP CODE JOB LOCATION
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates for:
-- -..Re-roof overexistingroof.-using .GAF,Owens-Corning,Bird..-or--equal -.
..20 year fiberglass- strip....shingles (215#-235#/square) . .... . __. ....
...__.............__.. ._................
_................................. .........
_.._............_.............................
....... ..........._................. ..........._....
............
................................__.............
I
i
We proplI3P hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
I
Two thousand Two Hundred Fifty and 00/100 dollars($ 2 . 250. 00 �.
Payment to be made as follows:
li
I
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above specifca- Authorized
tions involving extra costs will be executed only upon written orders,and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Ote:This proposal may be 3 0
Ou
r workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within - days.
ta ur of prepos'al—The above prices, specifications
dins are satisfactoryand are hereby accepted. You are authorized Signature
e work as specified.Payment will be made as outlined above.
Acceptance: Signature
I
Ctv of --5ulrm, 4&55achu5ett8
M
• 3 M
o� 9 `4l 'c �ottrb of peal
JUL 2i �0 20 w ,6 c
ct
1rF
DECISION OF THE PETITION OF LEO J. HIGGINS JR. REQUESTING
VARIANCE FOR THE PROPERTY LOCATED AT 17 GREENWAY ROAD R-1)
A hearing on this petition was held JuLY 17, 1996 with the following Board
members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc 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, requests a Variance from side yard setbacks to construct an
addition and a deck for the property located at 17 Greenway Road.
The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Crdinance 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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner was represented by his father. Leo Higgins Sr.
2. Petitioner requests a variance to construct a 14 x 16 deck and to
add an addition.
3. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Crdinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested. subject to the following conditions:
DECISION OF THE PETITION OF LEO J . HIGGINS REQUESTIING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 GREENWAY ROAD (R-1 )
page two
1 . Petitioner shall comply with all city and state statures., ordinances,
codes and regulations. JUL L 2u gi;i
2. All requirements of the Salem Fire Department relative to smoke, a"hd
fire safety shall be strictly adhered to. ' :,',. ; `C
3. Petitioner shall obtain building permit prior to beginning any
construction.
4. All construction shall be done as per the plans and dimensions
submitted.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted
July 17, 1996
/' Yh/xIG Ctc.h,
Richard Dionne, Member
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
Y'
e' n
Titg of -'-5ttlem, � ttssttcl�usetts
JUL Z,� `0 20
Gi 'S6 �nttra of �ppeztl
i;K'`�
DECISION OF THE PETITION OF LEO J. HIGGINS,JR._REQUESTING
VARIANCE FOR THE PROPERTY LOCATED AT 17 GREENWAY R_ OA�D` (R-1)
A hearing on this petition was held JuLY 17, 1996 with the following Board
members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc 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, requests a Variance from side yard setbacks to construct an
addition and a deck for the property located at 17 Greenway Road.
The Variance which has been requested may be granted upon a finding of 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 land, buildings, or structures in the same district.
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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner was represented by his father, Leo Higgins Sr.
2. Petitioner requests a variance to construct a 14 x 16 deck and to
add an addition.
3. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
DECISION OF THE PETITION OF LEO J. HIGGINS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 17 GREENWAY ROAD (R-1)
page two
1 . Petitioner shall comply with all city and state stat res. , ordinarices,
codes and regulations. R LJ 113 20 9fj Yw
2. All requirements of the Salem Fire Department relat o2 to', smok:&I, did
fire safety shall be strictly adhered to.
3. Petitioner shall obtain building permit prior to beginning any
construction.
4. All construction shall be done as per the plans and dimensions
submitted.
5. A Certificate of Occupancy is to be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
Variance Granted
July 17, 1996
Richard Dionne, Member
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