268 JEFFERSON AVENUE - BUILDING INSPECTION UPC 10330 g
No.153
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City 1131easutez
December 8, 1994
Leo Tremblay
Director of Public Property
City of Salem
One Salem Green
Salem, MA 01970
Dear Leo;
This letter is to inform you that the City of Salem has been
awarded title of ownership to the below listed property by the Land
Court of the Commonwealth.
Property Address Date of Decree Property Description
268 Jefferson Ave. October 25, 1994 Building and about
5000 square feet of
land.
Based upon MGL Chapter 60, this parcel can be redeemed by any
interested party for a period of one year from the date of decree.
Subsequent to this period, the parcel is available for disposition
by the City through public auction. Should this occur at some
future date, the City is entitled to any sale proceeds. Also,
please note that there is a building on this property according to
my records and it should be inspected. I will notify the City's
insurance carrier to initiate the necessary liability coverage.
Sincerely,
A' 14Az//
Robert H. Nagle
Treasurer/Collector
cc: Peter Caron
Robert LeDoux
Michael O'Brien, Corporate Design Ins.
ONE SALEM GREEN • SALEM,MASSACHUSETTS 01970 • 508-745-9595 • FAX 508-744-5918
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
978 7-!FD 97,',-,
KIMBERLEY DRISCOLL
MAYOR r.,
April 2, 2008 CIT,
Decision
City ol'Salem Zoning Board ot*Appeals
Petition 01'Joshua Levesque requesting a Variance from side vard
setback and a Special Permit to modify a nonconforming structure to
construct an 81 x addition at 268 Jefferson Avenue 1113-1
A PLlbIiC hearing on the above Petition was opened on March 19, 2008 Plil'SLIallt to Mass
General Law ('If. 40A, §§ 11. The public hearing was closed on March 19, 2008 with the
following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, Richard Dionne, Annie Harris and Bonnie Belair (Alternate).
Petitioner seeks a Variance and a Special PC111lit PLU'SUant to the lollowiij,, sections of the
Sale", Zoning Ordinance: Table 1: Residential Density Regulations, and Sec. 5-3(j)
Extension of nonconformity.
Statements of fact:
I. The petitioner, Joshua Levesque, Owns 268 Jefferson Avenue, a property located
in the Business Neighborhood (BI) Zoning District.
2. Plans accompanying the Petition include the mortgage inspection plan prepared
by Boston Survey, Inc. entitled -268 Jefferson Avenue", 3-D COMPLIter renderings
(showing the existin.g conditions and what is Proposed), and a photograph.
3. The petitioner Proposes to remove the existing 4' x 6' InUdroom and rebuild an S'
X 11�' 1-00111- 'File existing1111.1droorn Pins the structure 6' 6" From the side lot line,
and extends toward the rear of the property 6'. The new strLlCtL1l'C NVOLlId maintain
the 6* 6" side setback but %VOLlId extend I I ' back toward the rear or the building.
File new CollStRiCtiOn NVOUILI not encroach on the rear yard requirement, but would
require a variance to maintain the Sallie side Setback- '
4 The petitioner purchased the property in Nov cinber ol'2007. Since this time he
has made nially illipim cillents to the residence The expanded mitidi-oon, XXOLII(i
allow for the creation ot'a 1u1-,,e closet, 'File residence, which was Constructed in
1889 currently has no closets.
5. ('0WICil oi- PcIlctier spokc ill support 01,111C pelilioll, saving it was a finerenovation Ill oiQct.
b. Tnm St. PICITC noted that the property has been significantlNinyn'o�cd by the
pclitioncr.
7. -1 here %%LIS no opposition to the petitioner's rcqucst.
fhc Board of'Appcal, after carelul consideration ofthc evidence presented at the public
he:uim„ and after ihorou"h review of the plans and petition submitted. makes the
lullowin" fiudillus:
I. The shRucturc is of a use, age, size, and shape not generally found in this
neighborhood and zoning district.
2. A literal enforcement of the provisions of the city of Salem Zoning Ordinance
would prevent the petitioner from renovating the historic property in a manner
consistent with the neighborhood, and prevent the petition from updating the
property to make it a comfortable place to live resulting in substantial hardship,
financial or otherwise to the petitioner.
3. The variances requested are not contrary to the public interest and, owing to
special conditions desirable rclicl may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent
or purpose of the ordinance. The proposed renovations do not encroach on the
side yard setback more than the structure currently does.
4. The enlargement proposed would not be substantially more detrimental than the
existingnonconforming use to the neighborhood.
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:
I. To allow for the addition, the petitioner may vary the terms of the Salem
Zoning Ordinance, specifically the requirement for side yard width, to allow
for a side yard width of G' G'.
2. A special permit to modify a nonconforming structure is also granted to allow
for this addition.
3. In permitting such change. the Board of Appeals requires certain appropriate
conditions Laid safeguards as noted below.
In consideration of the above, the Salcm Board of;Appcals voted, five (i) in lavor
(Dionne. Stein, cun'an, Harris, and Debski) and none (0) opposed, to grant petitioner's
requests fi r y;ni:mccs subject to the following terms, conditions, and sareguards:
1 . Petitioner shall comply with all city and State statues, ordinances, codes, and
rc'-ulations.
f
3. All construction shall be done as per the plans and dlnCIlSlOIIS submitted to and
approved by the Bili Min" Commissioner.
All rcyuirements of the SaICn l=ire Deparlmcnt rclative 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 file existing
structure.
4. :A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval Iron any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
S. Unless this Decisions 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%t) of its Floor area or more than fifty percent (50'%x) 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 filly 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.
Robin Stein, Chair
Salem Zoning Board of Appeals
A( (WNOI: 11]IS DECISION IIAS [IGEN PILYD%A I'I II'IIIIS PI.ANNINO BOARD,AND I IIF('I"IY( I.ERK
Appeal from this decision, if any, shall be trade pursumn to Section 17 of-the (Massachusetts General Laws
Chapter 40A, and shall be filet) within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the i'vlassachusetts General Laws Chapter 40A, Section H, the Variance or Special Permit
. ,,ranted herein shall not take effect until a copy of the decision bearing the ceniticate of the City Clerk has
been tiled with the hSsl'x South Registry of Deeds.
Citp of *afem, Aag!gacbugettg
` Public Propertp Department
�. Wuilbing Department
One 6aletn Oreen
(978) 7459595 (Ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 28, 2001
Henry Fregeau
268 Jefferson Avenue
Salem,Ma. 01970
Dear Owner:
This department received a police report dated June 21, 2001. This report identified the
fact that your building is not secured.
You are directed to secure this building within 24 hours upon receipt of this letter.
Also please arrange with this department to have an inspection of the entire property
within 15 days upon receipt of this letter.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Local Building Inspector
cc: Mayors Office
Councillor Lovely
Citp of 4alemj '41a!5$arbU!5Ett$
Vublir j3ropertp Mepartment
JBuilDing Department
One galetn green
(978) 745-9595 est. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 17, 1999
Henry Fregean
c/o Virginia Mucci
6 Linda Road
Wilmington, Ma. 01887
RE: 268 Jefferson Avenue
Dear Mr.Fregean:
This department is receiving numerous complaints about your property located on 268
Jefferson Avenue in Salem.
The majority of the complaints are about the overgrown weeds in the yard.
The weedrovergrowing the sidewalk violates the City of Salem Ordinance 38-9.
Please address the weed problem within (15) fifteen days upon receipt of this letter.
Failure to do so will result in legal action being filed in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Assistant Building Inspector
cc: Al Viselli
Councillor Lovely
Cite of *alem[, A1&g!5dLbUgPttg
a
Public Propertp Mepartment
JBuilbing Mepartment
One 6alem Oreen
(978) 745-9595 text. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
August 17, 1999
®Py
Henry Fregean
c/o Virginia Mucci
6 Linda Road
Wilmington, Ma. 01887
RE: 268 Jefferson Avenue
Dear Mr.Fregean:
This department is receiving numerous complaints about your property located on 268
Jefferson Avenue in Salem.
The majority of the complaints are about the overgrown weeds in the yard.
The weedrovergrowing the sidewalk violates the City of Salem Ordinance 38-9.
Please address the weed problem within (15) fifteen days upon receipt of this letter.
Failure to do so will result in legal action being filed in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Assistant Building Inspector
cc: Al Viselli
Councillor Lovely