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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMOLL 10M
MAYOR
CITY CLI?.,,
November 2,2009
Decision
City of Salem Zoning Board of Appeals
Petition of PETER STROUT seeking a Variance from minimum front yard setback
requirements to allow for a construction of a one-story addition,including a new
front entrance and deck above, on the property located at 19 INTERVALE ROAD,
Salem,MA, in the Residential One-Family Zoning District.
Petitioner seeks a Variance pursuant to the Salem Zoning Ordinance,§4.0,Dimensional
Requirements (previously§6-4, recodified on September 10,2009).
Statements of fact:
1. The owner of the property,Timothy Barden,and project's contractor,Peter Strout,
presented the petition together.
2. In a petition dated September 2,2009,the applicant requested a Variance from front
setback requirements to accommodate the construction of a one-story addition,
which includes a new entrance covered with a deck above,to the existing single-
family house.
3. A public hearing on the above mentioned Petition was opened on October 21,2009,
pursuant to Mass General Law Ch. 40A, §§ 11. The pubic hearing was closed on
October 21,2009,with the following Zoning Board of Appeals members present:
Robin Stein (Chair),Richard Dionne,Becky Currant,Bonnie Belair(alternate),and
Jimmy Tsitsinos (alternate).
4. At the hearing,Peter Strout explained that accessing the property currently requires
driving up a very steep driveway,and the existing stairs and platform zigzn down
the hill, making the house difficult to enter.
5. Mr. Strout stated in his application that the house was built on the front portion of
the property and set at a high elevation in order to avoid blasting of the bedrock that
is found throughout the property. At the hearing,Board members noted that the
presence of bedrock made the site difficult to build on.
6. At the hearing,Board members noted that the project would improve the
streetscape.
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7. There was no public opposition expressed at the meeting.
8. At its meeting on October 21, 2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant Variances from the dimensional requirements of§4.0,
Dimensional Requirements.
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:
1. Special conditions and circumstances exist affecting the parcel or building, which
do not generally affect other land or buildings in the same district, as bedrock is
found throughout the property, making it difficult to build on, and causing the
house to be situated at a high elevation.
2. Owing to the soil and topography of the property, literal enforcement of the
provisions of this ordinance would involve substantial hardship, financial or
otherwise, to the appellant.
3. 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 zoning ordinance, since the project would not only make access to the
property easier,but would also improve the streetscape.
4. The applicant may vary the terms of the Residential One-Family District to construct
the proposed addition,which is consistent with the intent and purpose of the City of
Salem Zoning Ordinance.
5. 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. To allow for the construction of the addition as proposed, according to the plans
submitted titled"Proposed Plans &Elevations,Barden Residence,Salem,MA, " last
revised 9/30/09, and prepared by Margolis Incorporated,the requested Variance
from dimensional requirements for structures in the Residential Two-Family zone
are granted.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Stein,
Curran,Belair, Tsitsinos and Dionne) and none (0) opposed,to grant petitioner's requests
for a Variance subject to the following terms,conditions,and safeguards:
1. Petitioner shall comply with all city and state statutes,ordinances,codes and
regulations.
f. 3
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 permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to the Planning Board.
7. The new construction may not encroach more than eight (8) feet into the front yard
setback
Robin Stem
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 has been filed with the Essex South Registry
of Deeds.
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JOINT VENTURE AGREEMENT
OF INTERVALE/RIVERVIEW FORCED MAIN ASSOCIATION
WHEREAS, Peter K. Strout and Kathie M. Strout (hereinafter referred to as
"Strouts")are the owners of realty located at 29 Intervale Road, Salem, Essex County,
Massachusetts; and
WHEREAS, Kevin T. Daly and Maria Daly (hereinafter referred to as "Dalys") are
the owners of realty located at 33 Intervale Road, Salem, Essex County,
Massachusetts; and
WHEREAS, Michelle Girard (hereinafter referred to as "Girard") are the owners
of realty located-at 20 Intervale Road, Salem, Essex County, Massachusetts; and
WHEREAS,Peter Dilsso and Lisa Dilsso(hereinafter referred to as "Dilssos") are
the owners of realty located at 19 Intervale Road, Salem, Essex County,
Massachusetts; and
WHEREAS, Robert Hamel (hereinafter referred to as "Hamel") is the owner of
realty located at 27 Intervale Road Street, Salem, Essex County, Massachusetts.
WHEREAS, John R. Connor (hereinafter referred to as "Connor") is the owner
of realty located at 41 Intervale Road, Salem, Essex County, Massachusetts, and
WHEREAS,the said Strouts, Dalys, Girard, Dilssos, Hamel, and Connor are the
owners of a private sewer pumping system located on Intervale Road and.Riverview
Street, Salem, Essex County, Massachusetts,as shown on a plan attached hereto and
incorporated herein; and
WHEREAS, the cost of installing said system amounted to the sum of Fourteen
Thousand ($14,000.00) Dollars for the cost and installation; and
WHEREAS, Thomas P. Blackler (hereinafter referred to as "Blackler") is the
owner of realty located at 37 Intervale Road, Salem, Essex County, Massachusetts.
NOW,THEREFORE, in consideration of the mutual covenants contained herein,
the said Strouts, Dalys, Girard, Dilssos, Hamel, Connor, and Blackler hereby agree as
follows:
1. The undersigned do hereby associate themselves as a joint venture, for
the sole purpose of managing the ownership and maintenance of said private sewer
pumping system, hereinafter to be referred to as "The Intervale/Riverview Forced Main
Association".
1
2. The said Blackler shall pay one-seventh of the costs associated with the
installation of said sewer pumping system to the said Strouts, Dalys, Girard, Dilssos,
Hamel and Connor, in the amount of $333.33 each at the time of execution of this
Agreement.
3. The said ae er b
e iy granted one-seventh ownership of said sewer
pumping system 0nted full rights of hook-up and use of said sewer pumping
system. The saidrrwacknowledge that his percentage of ownership may decrease
with the addition of other parties to this agreement.
4. The said Strouts, Dalys, Girard, Dilssos, Hamel, Connor, and Blackler
agree to hereinafter share equally all expenses associated with the maintenance of
said sewer pumping system.
5. Each owner reserves the right to separately dispose of his share of any
real property associated with this agreement without the approval of any other owner 7
or management. However, such subsequent owner shall be bound by this agreement
to the same exVt s his predecessor in title, wieycPis ion ¢s St,1'e4
in P1}r19y . hentln e
6. Death of insolvency of any individual owner or bankruptcy or attachment
or other action shall not dissolve this agreement, it being provided that any heir,
assignee, purchaser at judicial sale, purchaser from receiver, referee in bankruptcy or
otherwise, shall acquire only the interest of such individual owner and shall thereupon J�
become bound by the articles hereof the same as if he had signed the same at the 7`
inception. )"Ae .} 9 5)''6fC4 %n 'Pf9r9 $rApp 9 / ehe� he
7. Any such owner or owners may grant permission to a public utility
company or water company to enter upon said way, to install, repair, or relocate
pipes, conduits, manholes, and other necessary appurtenances for transmission of
sewer service in accordance with the company regulations.
S. The owners herein shall share equally all liability, damage, loss, claims,
demands, and actions arising out or associated with the operation of the sewer
pumping system.
9. The parties hereto collectively agree that any other abutters to said sewer
pumping system will be allowed to hook up and purchase a pro rata share of the said
costs of installation and any accumulated maintenance charges with the proceeds to
be split equally amongst the present owners of the sewer pumping system. Each
future owner shall be required to execute an agreement similar in content to this
agreement. � eci f volevc /ailed �'ro leis parR r��� i 5 /
Jot- ,jt- /1O� 5�,d v� an A�IAri o CedRrere s7 » I/ed in t—XP_
Q ScY>e Re�)51r/ of �aec�g �I�"h � i /7 / S�cli�n �o
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10. The parties hereto hereby each grant to each other reciprocal easements
necessary to effectuate this agreement and further agree to execute any and all
documents necessary for recording in the Essex South District Registry of Deeds in
order to make this agreement binding upon their successors in title to their respective
realties.
11. This agreement shall be binding upon and shall inure to the benefit of the
heirs, assigns, and successors in interest of the parties hereto.
EXECUTED as a sealed instrument this�Oday of , 2001.
eter K. trout Kathie M. Strout
Kevin T. Daly Maria Daly
Michelle Girard
C
Peter Dilsso 61sDi sso
RobertHamel Aa
m R. Con thor
JThomas P. 13 ler
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS �.117 , 2001
Then personally appeared the above named Peter K. Strout and Kathie M. Strout
and acknowledged the foregoing instrument to be their free act and deed, before me,
Notary Public
Commission Expires:
JUDITH A. CONN
Notary Public
►t oommiasion Expires Dec.8,2002
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS /0/ $ , 2001
Then personally appeared the abTaevin . Daly and Maria Daly and
acknowledged the foregoing instrument a deed, before me,
I V , Notary Puion Expires:
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS 2001
Then personally appeared the above named Michelle Girard and acknowledged
the foregoing instrument to be her free act and deed, before me,
Notary Public
My Commission @~ENNAN
Notary Public
My Comftlon Ecom June 19, 2Q03
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS 2001
Then personally appeared the above named Peter Dilsso and Lisa Dilsso and
acknowledged the foregoing instrument to be their free act and deed, befora me,
Ail
Notary Public
My Commission Expires:
1#Y COUMASMEWMALUIST9.2002
4
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS 2001
Then personally appeared the above named Robert Hamel and acknowledged
the foregoing instrument to be his free act and deed, before me,
Notary Public
My Commission Expires:
sit,co Ei"8E8A000s;T9.2002
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS , 2001
Then personally appeared the above named John R. Connor and acknowledged
the foregoing instrument to be his free act and eed, before me,
Notary Public
My Commission Expires:
#00011111111111mloWMANT9.2002
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS 2001
Then personally appeared the above named Thomas P. Blackler and
acknowledged the fo going instrum nt to be his free act and deed, before me,
Notary Public
My Commission Expires:
DIANNE BRENNAN
Notary PublIc
My Colmll WM EVhes June 19, 2003
5
KEVIN T. DALY .,.y; LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR % `_3�.v`? ASSISTANT CITY SOLICITOR
kgY;umlaMi-e
93 WASHINGTON STREET 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM, MA 01970 BEVERLY, MA 01915
83 WASHINGTON CITY SOLICITORINGTON STREET 745-4311
745-0500 921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM, MA 01970
745-4311
744-3363
PLEASE REPLY TO SI WASHINGTON STREET
December 16, 1988
William .H. Munroe, Building Inspector
City of Salem o
One Salem Green -< C-� W
Salem, Massachusetts 01970 C o
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(+cmi ?ka
Re : 19 Intervale Road, Salem
Lots 402 & 403 Plan Book 36 , Plan 17 M m %-�J 4n
(Peter & Lisa DiIsso) tZ
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Dear Mr. Munroe: H n
You have requested my opinion whether or not the above
entitled lots of land containing a total of 11, 000 square
feet of ' area and 110 feet of frontage is afforded the
protection of the first sentence of the fourth paragraph
of GLc40A §6 .
The courts have held that a common owner of contiguous
lots which are described separately for conveyancing purposes
can treat them as one lot for zoning purposes ( see Vassalotti
v Board of Appeals of Sudbury, 348 Mass . 658 ) . Accordingly,
the above entitled two lot tract can be treated as a single
lot for purposes of satisfying GLc40A §6 . The most recent
instrument of record prior to- August 27 , 1965 showed that
these combined lots were not held in common ownership with
any adjoining land at the time of recording. It is evident
that the combined lots ( 110 feet) satisfy the 100 foot frontage
requirement of the zoning ordinance. It is also evident that
the combined area of the lots ( 11, 000 square feet) fails
to meet the area requirement of the ordinance. However,
this is exactly the situation that is protected by GLc40A
§6 .
Accordingly, it is my opinion that the combined lots
should be afforded the protection of GLc40A §6 and the owner
is entitled to a building permit even though the lot does
not conform to the area requirements of the Zoning Ordinance.
However, this is not to mean that any structure built on
the parcel is exempt from set back and other requirements
of the same ordinance.
Z7tr #ly—yeo ur
el E. O' Brien
MEO/jp
cc: City Clerk
cc: Thomas F. Fitzgibbon, Esq. D
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THOMAS F. FITZGIBBON
ATTORNEY-AT-LAW TELEPHONES
2 SALEM GREEN 617-744-1146
SALEM.MASS.01970 617-744-1149
November 21 , 1988
City of Salem, Massachusetts
Public Property Department
Building Department
One Salem Green
Salem, Massachusetts 01970 rn c
-i cs
Re: Application of Peter M. DiIsso and Lisa J. DiIsE=.forj
Protection under Provisions of Chapter 40A, Secti4pn 6 , 00
M.G.L. , for Lots 402 and 403 , Plan Book 36 , Plar�t LN P
on Intervale Road in Salem. rn< o
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Answers to Questions vyi c
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1. Yes , (see deed attached, Book 9266 , Page 270) .
2 . Yes
3 . Yes
4 . Yes, (see deed attached (Book 4374 , Page 579) .
5. Yes, (see deed attached (Book 9266 , Page 270) .
6 . Yes, (see deed attached (Book 4374 , Page 579) .
Also enclosed is copy of Plan Book 36 , Plan 17 showing the
lots in question.
Thomas F. FiPTibbon, Attorney
for Peter M. DiIsso and Lisa J.
DiIsso
.r taw¢t
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KEVIN T. DALY s .y.; w _ LEONARD F. FE MING
ASSISTANT CITY SOLICITOR '� :? ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET ��um�.�Mr• 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET
SALEM. MA 01970 BEVERLY. MA 01915
745-4311 CITY SOLICITOR
93 WASHINGTON STREET 745-4311
745-0500 921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM, MA 01970
745-4311
744-3363
PLEASE REPLY TO 81 WASHINGTON STREET
December 16, 1988
William H. Munroe, Building Inspector
City of Salem o
One Salem Green
Salem, Massachusetts 01970 o a a
m
Y�`�,
Re: 19 Intervale Road, Salem -n Co
Lots 402 & 403 Plan .Book 36 , Plan 17 ,�� Ha
(Peter & Lisa DiIsso) J 7„
Z
Dear Mr. Munroe: y q
n
You have requested my opinion whether or not the above
entitled lots of land containing a total of 11, 000 square
feet of area and 110 feet of frontage is afforded the
protection of the first sentence of the fourth paragraph
of GLc40A §6 .
The courts have held that a common owner of contiguous
lots which are described separately for conveyancing purposes
can treat them as one lot for zoning purposes (see Vassalotti
V Board of Appeals of Sudbury, 348 Mass . 658 ) . Accordingly,
the above entitled two lot tract can be treated as a single
lot for purposes of satisfying GLc40A §6 . The most recent
instrument of record prior to August 27, 1965 showed that
these combined lots were not held in common ownership with
any adjoining land at the time of recording. It is evident
that the combined lots ( 110 feet) satisfy the 100 foot frontage
requirement of the zoning ordinance. It is also evident that
the combined area of the lots ( 11, 000 square feet ) fails
to meet the area requirement of the ordinance. However,
this is exactly the situation that is protected by GLc40A
§6 .
Accordingly, it is my opinion that the combined lots
should be afforded the protection of GLc40A §6 and the owner
is entitled to a building permit even though the lot does
not conform to the area requirements of the Zoning Ordinance.
However, this is not to mean that any structure built on
the parcel is exempt from set back and other requirements
of the same ordinance.
V truly yours, _
ichael E. O'Brien
MEO/jp
cc: City Clerk
cc: Thomas F. Fitzgibbon, Esq. `� 7
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
(617) 741-1800
December 5, 1988
Mr. Peter DiIsso
16 Pratt Street
Salem, MA 01970
RE: Well & Pump Permit
Dear Mr. DiIsso:
In receipt of a copy of your well contractors ' , drillers certificate, the Health
Department issues this letter which serves as a permit to the Charles M. Rollins
Co. , Inc. , to install a drilled well at 19 Intervale Road in the City of Salem,
owners are Mr. & Mrs. Peter DiIsso.
All work is to be done in accordance with the City of Salem Board of Health
Regulation I-A, "Private Well Water Supply Regulation" (enclosed) and Title V
of the State Environmental Code - "Mimimum Requirements for the Subsurface Disposal
of Sanitary Sewage".
Upon completion of the installation, submit to this office, the completed well and
pump application, as well as, a copy of your water analysis report, performed by a
professionally recognised firm.
If you have any question, please contact this office at 741-1800.
Very truly yours,
FOR THE BOARD OF HEALTH REPLY TO:
- g (�k
RobeYt E. Blenkhorn, C.H.O. William T. Burke, III, R.S.
Health Agent Senior Sanitarian
REB/b
Enclosure
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- i MAY - 17 - 04 MON 9 : 0 3 I I T , Inc. . P . 01
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WARMNG NOTrC.E PG.1 OF2
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Building Offrdal May 17,2!104
CYty Of Salem,Ma.
99 09970
4�
Dear Sir;
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This letter concerns the currem permitfor the Barden,residence of n intervaie Rd.Salem.
Please be advised that as of4:00 pm.on May 7, 2004,my rmployment with Classic
Conservatories has ended.
ii I am effectively revoking both my CQ#g z+cdon r cors Lk. ##t 6_.391M as well as the 1 .
' m istration#934006 that is in the name of Classic Corset atades and Denis jusseaume.
As the H.LC.registration is directly attached to my C.S.license it has been returned to the
State Of Mass.Board,for dlscoodouaoce.
Furthermore,as Mass.State Regs.require a Cert M-we Of Iowan"for workman's comp:in
the name of the Licensed Supemkor the nurtent C.O.J.is not applieable to this permit
This leaves those working on the site unprotected.
j1 have given Classic Conservatories,European Suotooms, Total Remodeling&Matt i
Management a verbal stop work onforefTecave May 7,2004.
I would as allowed appreciate the oppottonity to hrspea:t this site to protect myself from
futtherliablllty.
6I
Please feel free to contact the at 978-5:37-9069 with any questions or an appolnunent to
Ii inspect this Job with you.
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j Thank you for your anticipated cooperation.
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Denis P,fusses ume
I. 106 Chapman Place
Leomiustet,Ma.
0143'3
CS. #063114
i
jI PLEASE SEE NOTICE ON PAGE 2
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i [DARNING NOTICE Pc.z OF'2
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MAY - 17 - 04 M O N -9 : 04 I I T I n c _ P _ 02!
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d. Fs. I have been told by Btian Adams who is an owner of Classic
Conservatories, that he has made anagreement with.Gordon Harrington
to pay him a fee to use his CS. License,in return for this fee Gordon wig
` pull permits and have no further connection with construction,_all
insneT coons and contmlyiMbe done by tl€Ir unlicensed sta}�,Y'
It has also come to my atteTnn em Jo- es of Classic
Conservatories have been asked to frame nysatrtr gn letters
removin license and at opzrzag Classic= continue work esi out
gLowing,me the opportuntiv_to-in titre work done through the date
uf")-vseration.
I have written no such le. teruA;te,its recei trn�e nl as - o�ntact
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