260 JEFFERSON AVENUE - BUILDING INSPECTION WI /
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�osorr�.q CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
KIMBERLEY DR OLL FAX: 978-740-9846 _2 P 1. 22
MAYOR
October 2, 2007
Decision
City of Salem Zoning Board of Appeals
Petition of Mirash Begi requesting a variance from number of stories
allowed (2 %:) to construct a rear dormer for the property located at 260
JEFFERSON AVE [B-11.
A public hearing on the above petition was opened on September 19, 2007 pursuant to
Mass General Law Ch. 40A, Sec. 11, with the following Zoning Board members present:
Robin Stein, Rebecca Curran, Richard Dionne, Bonnie Belair and Steven Pinto.
Petitioner seeks variances pursuant to Section 9-5 from number of stories allowed (2Y2)
to construct a rear dormer for the property located at 260 Jefferson Ave.
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 of fact:
1. Mirash Begi, petitioner, presented the petition for the property he owns at 260
Jefferson Ave in the B-1 Zoning District.
2. Petitioner proposes to construct a second story dormer(approximately 16'
wide, extending 14' 8" from the peak of the roof line) and second story deck
(10' wide). The dormer will include a door which accesses the deck.
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 as follows:
1. The petitioner may vary the terms of the Business Neighborhood Zoning
District to enable the proposed development, , which development is
consistent with the intent and purpose of the City of Salem Zoning Ordinance.
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein,
Pinto, Belair, Dionne, and Curran) none (0) opposed, to grant petitioner's requests for a
variance and special permit subject to the following terms, conditions, and safeguards:
t 2
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to 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 empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area of more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%) of its replacement cost or more than fifty percent
(50%) of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance.
- - - - --9. A stairway from the second story deck to the ground is not permitted.
�6"4--` '
Robin Stein;Chair
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.
CITY OF SALEM
PUBLIC PROPERTY
• ( DEPARTMENT
KLNBERLEY ORISCOLL
MAYOR SZO WASHINGTON STREET+SALEM,MASSACHUSETTS 01970 v 7
TEL:978-745-9595 ♦FAX:978-740-9846
STOP WORK ORDER
[Property 260—je—ff—er—son—A—ve—n—ue77
Avenue
May`25;2006
Mirash Beji
260 Jefferson Avenue
Salem, MA 01970
Dear Mr. Beji
The above listed property has been posted with a Stop Work Order due to being in
violation of the following State Codes and/or City Ordinances.
780 CMR Massachusetts State Building Code,Section 118.1, regarding violations of
the construction code, states that it is unlawful to add, alter, or construct any structure
without the proper permit to do so.
No further work may be done until such time as the order is lifted. Any person who shall
continue any work in or about the building or structure after having been served with a
Stop Work Order, except such work as that person is directed to perform to remove a violation
or unsafe condition, shall be liable to a fine of not more than$1000, or by imprisonment for
not more than one year, or both for each violation; with each day constituting a separate
violation.
If you have any questions regarding this letter, please contact the Building Inspectors Office
at (978) 745-9595 ext. 386.
Sincerely,
G
ph E. Barbeau, r.
Assistant Building Inspector
CC: file, Mayor's office, Fire Prevention, Electrical Dept., Health Dept., Councilor
Pelletier
CITY OF SALEM
a
PUBLIC PROPERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR 120 WASH NGTON STREET♦SALEM,MASSACHUSETTS 01970
TEL:978-745-9595 ♦FAX:978-740-9846
STOP WORK ORDER
Property Location 260 Jefferson Avenue fol
May 25, 2006 Opr
Mirash Bcji
260 Jefferson Avenue
Salem, MA 01970
Dear Mr. Beji
The above listed property has been posted with a Stop Work Order due to being in
violation of the following State Codes and/or City Ordinances.
780 CMR Massachusetts State Building Code, Section 118.1, regarding violations of
the construction code, states that it is unlawful to add, alter, or construct any structure
without the proper permit to do so.
No further work may be done until such time as the order is lifted. Any person who shall
continue any work in or about the building or structure after having been served with a
Stop Work Order, except such work as that person is directed to perform to remove a violation
or unsafe condition, shall be liable to a fine of not more than$1000, or by imprisonment for
not more than one year, or both for each violation; with each day constituting a separate
violation.
If you have any questions regarding this letter,please contact the Building Inspectors Office
at(978) 745-9595 ext. 386.
Sincerely,
Q
G
phE. Bazbeau, r.
Assistant Building Inspector
CC: file,Mayor's office, Fire Prevention, Electrical Dept., Health Dept., Councilor
Pelletier
r
o CITY OF SALEM9 MASSACHUSETTS Ay,
BOARD OF APPEAL CITY 0F .zpi-4Al " A
n 120 WASHINGTON STREET, 3RD FLOOR CLERK J' ES
SALEM, MA 01970
TEL. (978) 745-9595
�pMn� FAX (978) 740-9846 7M�tmr�
STANLEY J. USOVICZ, JR. :..2901 -KC?22'' -P 2i' 45
MAYOR -
DECISION OF THE PETITION OF MIRASH BEGI REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT-266-JEFFERSON 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 Belier. 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 from side setbacks to allow construction of an
addition for the property located at 260 Jefferson Avenue located in a B-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. The Petitioner is requesting a Variance from side setback to allow an addition to
enclose the rear entrance to the property at 260 Jefferson Ave. The side
setback would be 8 feet instead of the 10 feet.
2. The abutter to the right side of the petitioner a Mr. Lysac was opposed to the
petition because he felt the addition was to close to his property and that it was
built without a permit.
3. Upon approval of the petition the owner will apply for a permit and bring the
addition into compliance with the State Building Codes.
DECISION OF THE PETITION OF MIRASH BEG] REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 260 JEFFERSON AVENUE B-1
pagetwo
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.
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 4 in favor and 1 in opposition 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. All construction shall be done as per plans submitted and approved by the Building
Commissioner.
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 the
existing structure.
Variance Granted
December 17, 2003 7 9
Stephen Harris C�W `�
Board of Appeal, Member
DECISION OF THE PETITION OF MIRASH BEGIREQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 260 JEFFERSON AVENUE B-1
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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
.¢o CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
`-' 120 WASHINGTON STREET, 3RD FLOOR
i {sq' SALEM, MAO 1 970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR.
MAYOR
September 2. 2003 copy
Miaragh Begi
260 Jefferson Avenue
Salem, Ma. 01970
RE: 260 Jefferson Avenue
Mr. Begi:
This Department has received a stop work order 780 CMR Section 123 on your above
mentioned property.
There are no building permits for this addition on the rear or for the other areas you are
working on.
You are directed to contact this office within 10 days upon receipt of this letter to discuss
this matter. Failure to respond will result in a complaint being filed in Salem District
Court.
Thank you for your anticipated cooperation in this matter.
Sincerely,
6 r�
Thomas St. Pierre
Acting Building Commissioner
cc: Tom Phillbin
Councillor Lovely