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272 JEFFERSON AVENUE - BUILDING INSPECTION�a �� a�< APPROM'? Subject twito6valby.any.othw CITY.of sq' zm'�Mw. FIPX,ID ml By PLAMEMEAPPROVEDSOLELY R TYPE AND 1,00MON DFf LK ALL FIRE;PROTECTION DEVICES To FINAL TEST AND INSPECTION,FOR COMPLM— —C'W�a- ANCE V41TH THE FIRE CODE. 4S�-ZVATiw3 5dJqLF- 1/i'� 1 -0, AVE, E:l L-1 LEFT SWE ELEVA-Tlot,3 SCALE '44" FLF-VAT%Oi,) SCAL9- E I El JZ&A9, Et-FWATION3 SCRLF- 28'2 12'11 41 —9'6 1'8 r 2'2 1'11 OD ;;r --Tu:p - co �'4 C4 0 LIVING C910) 04 CD co 1 l' — 0" X 13' — 6" cp 90 04 6'3 12'— 8'3"1 — \\Z 26'6"l 177- 28'2 1 ST FL. FLOOR PLAN SCALE: 1/4" l'— 0" 7'10"6 512"2 IT5 4'5 3'5"6 2'10 - 107 1 1 1 IT- OPEN BELOW co 0 ep CF BEDROOM BEDROOM 12 8" X 14' - 0" 9' - 0" X 1 l' - 8" Lo 3'2"7 8-2-1 + 3'----� 14!5 2'4 919,11 28'2 2ND FL. FLOOR PLAN SCALE: 1/41, = 1 1- of, 28'2 cli 2 X 12 ' S 2 L L I �111�1414 14 14 14 1.11 14 14 1-�14 1'�14 1414 -28'2 1ST FL. JOIST LAYOUT SCALE: 114'1 11- oll 28'2 1. 1. VV, T 1 o, 118 cl) 2 X 12' S 12" O.C. klit 14 14 14 14 14 I'll I. I--T r-r� 28'2 2 ND FL. JOIST LAYOUT SCALE: 1/4" V- 0" M plA,%+ AC109 SkNNOqL" eoopj�-, ec (Z'v *IX 19 -To N 5rT I(.,, o- 2.Ail- TOLST o C. mnmt CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET. 3RO FLOOR SALEM, MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 EXT. 380 FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR December 8, 2006 ------Dean-Borders- 34 Wardsworth Street Danvers, Ma. 01923 RE: 272 Jefferson Avenue Dear Mr. Borders: The Salem Zoning Board of Appeals approved a Variance for your project on December 1, 2005. The decision had 18 conditions attached to it. All 18 conditions needed to be met before a building permit could be issued. Your permit was not issued due to a failure to comply with condition 16, 18 and with the time constraints of condition 14. This letter is a denial of your building permit. If you feel you are aggrieved by this denial, you may file an appeal to the Salem Zoning Board of Appeal. Sincerely, pto-� Thomas St. Pierre Zoning Enforcement Officer Building Commissioner cc: Councillor Pellitier Assistant City Solicitor Jerry Parisella Attorney Stephen Lovely 0272 JEFFERSON AVENUE 57-06 GIS#: 1980 COMMONWEALTH OF MASSACHUSETTS Map: 123 CITY OF SALEM Block: I Lot:. 0031-302 Category: 434 Residential: additi Permit# 57-06 BUILDING PERMIT Project# JS-2006-0053 Est. Cost: $16,000.00 Fee Charged: $101.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: BRADLEY WILLIAM STATE-061026 Lot Size(sq.ft.): 5000 Owner: BORDERS DEAN Zoning: BI Units Gained: Applicant: BRADLEY WILLIAM Units Lost: --]AT: 0272 JEFFERSON AVENUE Dig Safe#: ISSUED ON. 18-Jul-2005 AMENDED ON.- EXpIRES ON. 18-Jan-2006 TO PERFORM THE FOLLOWING WORK. 57-06 SIDING DECK AND ADDITION JB POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbin Buildine Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame; Fireplace/Chimmey: D.P.W. Fire Health Insulation: Meter: Oil: Final: House 9 Smoke: Treasury: Water: Alarm: Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2006-000074 18-Jul-05 959 $101.00 GcoTMS@ 2006 Des Lauriers Municipal Solutions,Inc. 0272 JEFFERSON AVENUE 1001-2004 GIS#: 980 COMMONWEALTH OF MASSACHUSETTS Map: 23 Block: CITY OF SALEM Lot:. 0031-302 Category: PEPAIR/REPLACE Perant# 1001-2004 BUILDING PERMIT P1 Oject# JS-2004-1388 Est. Cost: $100,000,00 Fee Charged: $1,005.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: HERSEY JOHN CONSTRUCTIO SUPERVISOR-082262 Lot Size(sq. ft.): 5000 Zonin.-: BI —�Owner: BORDERSDEAN Units Gained: lApplicant., HERSEY JOHN Units Lost: IAT: 0272 JEFFERSON AVENUE Dig Safe#: I I I ISSUED ON. 18-May-2004 AMENDED ON. EXPIRES ON. 18-Nov-2004 TO PERFORM THE FOLLOWING WORK.- 1001-2004 REMODEL REHAB ALL UNITS CONVERT TO CONDOS FD POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Buildin2 Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final; Final: Rough Frame; Fireplace/Chinmey: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Treasury: Water: Alarm: Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. I Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2004-001486 18-May-04 453 $1,005.00 GcoTMS@ 2006 Des Lauriers Municipal Solutions,Inc. (Citv of '�Wrm' Poarb of Appeal 2 C/I r DECISION OF THE PETITION OF GEORGE & JUDITH-JETER-RE,�UB ASS VARIANCE FOR THE PROPERTY LOCATED AT (B �F A hearing on this petition was held February 18, 1999 with the following Board members present: Nina Cohen, Albert Hill, Richard Dionne and Paul Valaskagis. 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 Variances from land area, lot width, lot coverage, sideyard & rearyard setbacks and a Variance from parking to divide the lot for the property located at 272 Jefferson Avenue. 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 . The property at 272 Jeflerson Avenue consists of a 5,000 square foot lot with two buildings. The building closest to Jefferson Avenue is a four-family residence, and the building at the rear of the lot is a single family residence. 2 . Petitioners, who have owned the property since 1991, sought permission to divide the property into two lots. 3 . Petitioner was represented by Attorney Stephen P. Maio of 85 Constitution Lane in Danvers. Petitioner also sought variances from the requirements of the ordinance with respect to each of the newly-created lots. With respect to the lot closest to Jefferson Ave. shown on the drawings as Lot 2, petitioner sought variances from front, side and rear setbacks, from lot size, maximum lot coverage, frontage, and parking requirements. 5. With respect to the rear lot, shown on the drawings as Lot 1, petitioners sought variances from front, side and rear setback, lot area and frontage requirements. DECISION OF GEORGE AND JUDITH JETER REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE page two 6. Ms . Elizabeth Kauler, an abutter at 274 Jefferson Ave. , appeared and requested that the Board require a fence to be installed between her property and the petitioner's property to set apart areas that will be used for vehicular traffic (on the Jeter's side) from areas to be used for play (on her side) . 7 1 . There was no opposition to the proposed relief. 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. 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, 4-0 to grant the variance requested, subject to the following conditions: Lot I 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. .4.11 requirements of the Salem Fire Department relative to smoke and safetv shall be strictly adhered to. Certificate of Occupancy is to be obtained. Petitioner is to obtain approval from any City Board or Commissions having jurisdiction including, but not limited to, the Planning Board and Conservation Commission. Petitioner is to install a fence on the southerly side. 6 . Cross easement for Lot 2 to enter and exit. Lot 2 1 . Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2 . All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 3. A Certificate of Occupancy shall be obtained. DECISION OF THE PETITION OF GEORGE AND JUDITH JETER REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE page three 4 . Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 5 . Cross easement to enter and exit the property. Variances Granted February 18, 1998 Nina Cohen, Member Board of Appeal A 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 1-ssilx 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 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET. 3RD FLOOR SALEM, MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL 38 MAYOR C"TY June 8, 2009 Decision City of Salem Zoning Board of Appeals Petition of UNITED FINANCIAL CONSULTANTS, LLC, seeking Variances from minimum lot area, minimum lot width, and minimum front, side and rear yard setbacks; allowance of two dwelling structures on the lot; and allowance of five (5) parking spaces; and a Special Permit to reconstruct a nonconforming structure, in order to reconstruct a detached unit, previously demolished, as part of a five-unit residential condominium, on the property located at 272 JEFFERSON AVENUE, Salem, MA (111 zoning district). A public hearing on the above Petition was opened on November 19, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The meeting was closed on May 20, 2009 with the following Zoning Board of Appeals members present: Robin Stein (Chair), Rebecca Curran, Beth Debski, Richard Dionne, and Jimmy Tsitsmos (alternate). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §6-1, Residential Uses, and §64, Table 11: Business and Industrial Density Regulations. Petitioner also seeks a Special Permit pursuant to Salem Zoning Ordinance, §5-3 Special Permit Uses: Extension of Nonconformity. Statements of fact: I. In a decision dated December 7, 2005, the Board of Appeals granted the relief needed to allow the reconstruction of a detached unit, previously demolished, as part of a five-unit residential condominium. A Special Permit and Variances were granted with eighteen (18) conditions to the petitioner and owner at the time, Dean Borders. 2. Reconstruction of the unit was never comoleted, and several of the Board of Appeal's conditions were not met. The Building Commissioner ordered the remainder of the unit, which had been only partially demolished, to be tom down complete ly. The property was foreclosed on by its mortgager, United Financial Consultants LLC, which then acquired the property from itself at auction. 3. Since the demolition of the detached fifth unit, the owners of the four units in the front building have had difficulty selling and refinancing their units. 2 Additionally, the owners of the four existing units have incurred expenses from higher insurance, required construction of a fence around the demolition site, costs of demolition, and the nonpaymeht of condominium association fees from the fifth unit for some of the time the unit remained unoccupied. 4. In a petition dated October 28, 2008, the current owner and petitioner, United Financial Consultants LLC, requested Variances from minimum lot area, minimum lot width, and minimum front, side and rear yard setbacks; and a Special Permit to reconstruct the unit, which was a nonconforming structure. The Building Commissioner determined that the petitioner also required Variances for the allowance of two dwelling structures on the lot and allowance of five (5) parking spaces, in order to complete the reconstruction. 5. Attorney George Atkins presented the petition on behalf of the United Financial Consultants LLC. A public hearing on the Petition was opened on November 19, 2008, pursuant to Mass General Law Ch. 40A, §§ 11. The hearing was continued to January 21, 2009, February 18, 2009, March 18, 2009, April 15, 2009, and May 20, 2009, when it was closed, with the following Zoning Board of Appeals members present: Robin Stein(Chair), Rebecca Curran, Beth Debski, Richard Dionne, and Jimmy Tsitsmos (alternate). 6. The petitioner submitted revised plans following the hearings on November 19, 2008, March 18, 2009, and April 15, 2009. 7. The original plans submitted showed a reconstructed unit with a different configuration than the original structure in order to create additional space to bring the parking into conformance with zoning; the original plan had not shown sufficient parking area to meet zoning requirements. 8. Opposition to the petition was voiced at the November 19, 2008 meeting. Attorney Anthony Keck, representing the owners of units 2, 4 and 5 of 272 Jefferson Avenue, objected to a plan that used common space of the condominium without the consent of the association. He also raised objections to the design of the unit and the parking configuration. Several other abutters objected to anything being reconstructed in that space and cited concerns about snow storage and aesthetics. 9. Support for the petition was voiced by Colin Martin, the owner of 272 Jefferson Avenue, unit 3, who urged the rapid reconstruction of unit I because he had been unable to sell his unit due to the demolition. The Board expressed concern that if they approved the plan before them, the petitioner would not have the legal right to construct it because it used common space belonging to the entire condominium association. Since some of the unit owners objected to the plan, permission to use the common space would likely not be granted and the petitioner would have to come back to the Board with another proposal. The Board asked the petitioner to rethink his proposal. 3 10. Following comment from the public hearing on November 19, 2008, the applicant submitted a revised plan dated March 13, 2009 showing plans for the reconstruction of unit I that approximated the original footprint. The applicant appeared before the Board again on April 15, 2009 and presented the revised application. Attorney Atkins stated that negotiations for a buyout plan of unit I by the other unit owners had been unsuccessful. 11. At the April 15, 2009 meeting, owners of units 2, 4 and 5 again expressed opposition to the plan, stating they would not oppose reconstruction if it were done in the same footprint as the original, but they felt the proposed building was too large. The owner of unit 3 was not present, and Attorney Keck stated that this unit was in foreclosure. 12. Board members also expressed concern that while the building design was closer to the original than the prior submittal, the dimensions were not exactly the same. Members of the Board expressed that they preferred a design in exactly the same footprint and with the same dimensions as the original. The applicant conceded that some of the calculations of the building's dimensions were incorrect. 13. Following public comments and Board feedback at the April 15, 2009 meeting, the applicant submitted revised plans showing construction of a reproduction of the original building, on what was estimated to be the exact same footprint as the original, with the exception of a one-foot perimeter setback from the property line, where none had originally existed. The petitioner again appeared before the Board at its May 20, 2009 meeting and presented the revised plans. 14. At the May 20, 2009 meeting, opposition was voiced by several abutters who wished to see no rebuilding at all. However, residents of units 2, 4 and 5 of 272 Jefferson Avenue, represented by Attorney Keck, did not oppose the reconstruction as proposed, so long as the petitioner altered the plans to shorten the porch and not block parking areas during construction. 15. At its meeting on May 20, 2009, the Board of Appeals voted five (5) in favor and none (0) opposed to grant the Variances and Special Permit required to allow the reconstruction of unit I as proposed in the revised plan dated May 12, 2009 prepared by Winter Street Architects, Inc. 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; 2. Literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant; 4 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 proposed plan is a reconstruction of a building that existed previously; 4. The applicant may vary the terms of the Residential One-Family District to construct the proposed development, 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: I. To allow for the reconstruction of the condominium unit as proposed, the requested Variances from dimensional, density and parking requirements are granted. 2. To allow for the reconstruction of a structure with a nonconforming use, the requested Special Permit is granted. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Curran, Stein, Tsitsmos, Debski and Dionne) and none (0) opposed, to grant petitioner's requests for a Variance and Special Permit subject to the following terms, conditions, and safeguards: 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 the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said numbers so as to be visible from the street. 5 9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 10. Construction vehicles cannot be parked permanently on the site. 11. No dumpster on the site may block parking at any time. 12. Any common areas of the condominium—including the fence—that sustains any damage shall be restored to its original condition. Robin Stein, Chair Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLEPK 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. TINT11 QUINN� GROVER & FREY, P.C. 222 ESSEX STREET SALEM,MASSACHUSETTS 01970-3705 WILLIAM J,TINTI TELEPHONE tinti@dntila�xo. (978)745-8065 - (978)744�2948 WILLIAM B.ARDIFF(1965- 1995) WILLIAM F.QUINN MARCIA MULFORD CINI Willia�17Quinn@aol.com TELECOPIER OF COUNSEL (978)745-3369 SCOTT M.GROVER w��A.fila�x.. smgrover@finfflaw.co. MARC P.FREY mpftey@tinti1aw.co. MARCY D.HAUBER mhaub��@tintil.wxo� 2/17/2006 Mr. Tom St. Pierre City of Salem Building Inspector 120 Washington Street Salem, MA 01970 RE: Unit 1/272 Jefferson Avenue Dean Borders, Owner Dear Tom: As you requested, I am writing to summarize my understanding of the status of Dean Borders' efforts to meet the conditions of his Variance to construct Unit I of the condominium at the above-captioned property. Each of the following numbers refers to a condition of the Variance granted by the Board of Appeals. (6) revised plans have been filed with you that I understand you find sufficient to issue a building pen-nit, and which comply with this condition in substance because: they show the reduced size of the second floor and it's 4 foot set-back from the McGrath property; your have noted your requirement of the plans on file that the outside first floor deck adjacent to the parking must be reduced to the minimum size allowed by the State Building Code; the plans show the height of the structure will be only 24 feet from grade, which my client believes to be no higher than the pre-existing 2-story structure, and which will be significantly less than the height of a 2-story structure under the applicable building codes; (14) states that petitioner "shall initiate the construction within 30 days after this approval becomes legally effective"; and as you know, under the statute, the Variance becomes "legally effective" upon recording; the variance was recorded on 1/26/06 (copy of recording receipt attached), therefore construction should be "initiated" by 2/25/06; unless you advise my client or I otherwise, I will assume that issuance of a building' permit would constitute the "initiation" of construction; Page 2 Mr. Tom St. Pierre (15) 1 have provided a signed and notarized hidemnification Letter to all of the Unit owners (copy enclosed); (18) 1 have provided copies of the same revised plans that you have approved to all of the unit owners; while I have received their comments (copy of their letter dated Feb. 8, 2006 is attached), most of the reasons that the condominium association is withholding its anDroval of the plans relate to the collection of condominium assessments and other issues Which are unrelated to whether the plans comply with the requirements of the variance; I will make every effort to work with, and to answer the concerns of the condominium association,but to the extent that it is withholding its approval for reasons outside of the conditions of the variance, it is my position that my client has complied with his obligations under this condition, that the building permit should issue upon an appropriate application by a qualified and insured contractor, and that the 30-day period to "initiate construction" should be extended to account for the refusal of the condominium association to approve the plans for reasons unrelated to the conditions of the Variance; All of the other Board's conditions contained in the Variance relate to the qualifications of my client's contractor, which you will ascertain when he applies for the building permit, or to matters that would come up after construction has begun. Please let me know if there are any reasons that you would not issue the building permit at the timely request of my client's contractor. Very truly yours, AlliamlF. Qufi � Copy: Dean Borders Mike Goderre Dear Mr. Quinn, February 8, 2006 We, the Condo Association, would like to thank you for sending the plans that your client, Mr. Borders, intends to file with the building inspector in order to get a building permit. We would also like to thank you for the copy of the indemnification from Mr. Borders. We are not pleased, though, with how much time it took you and your client to send any notification of any plans to move for- ward. The decision made by the Building Committee was made on December 1, nearly two months ago. We would like for this plan to be executed correctly and as soon as possible. However, before any aoreement or approval can be made a few issues need to be resolved. 0 First, Mr. Borders is four(4) months behind on payment of Condo Fees. The total that is due is five hundred dollars ($500). This should be paid in full if any approvals will be granted in an expeditious manner. Secondly, we are very disappointed in the building plans that we received. They are the same plans that were presented to the Building Committee which the committee stated were not satisfactory. Regretfully, we feel the same way. The building plans are not complete and do not accurately display the property to be built. Specifically, the porch adjacent to the parking area, which is to be reduced in size, is still portrayed in the building plans. We have recognized the Building Inspector's notes that porch will be reduced in size, however this is not satisfactory� New plans that show, in detail, what will be built in that place will be required. Also the plans do not accurately display the height of the building. This is required to ensure the height of the building to be built does not exceed the "height of the demolished structure,"according to condition#6 ofthe Build Committee's decision. Along with the new building plans we require, please send a copy of the original building plans of"the demolished structure"for comparison. Furthermore, for our records, we would like the information of the contractor that will be over- seeing the construction of the building. We would like the name, phone number, proof of insurance, and any credentials he may have to prove he is well qualified for the job. We require this because he will not only be working on Mr. Borders' property, but he will be also working on and around the Condo Association's community property� Finally, we would like to be notified when you and your client plan on revising the Condominium documents to reflect any changes resulting from construc- tion as it is required by condition #17 ofthe Building Committee's decision. In conclusion, as was stated earlier, we would like this plan to be executed in a timely man- ner. We apologize for any delay this might incur, but you must understand that we have to act in a manner that puts the better interests of the Condominium Association in front of any individual's interests. Thank you in advance for your cooperation. We expect to hear from you soon. Sincerely, 272 Condominium Association INDEMNIFICATION LETTER As required under condition# 15 of the Decision of the City of Salem Board of Zoning Appeals dated Dec. 1, 2005 granting the undersigned Dean Borders a Variance to rebuild a demolished structure at 272 Jefferson Avenue, Salem, MA, and in consideration of the approval of said Variance, said Dean Borders hereby agrees to indemnify and hold harmless the 272 Jefferson Avenue Condominium Association, and also the owners of each unit of said condominium,being James P. Callahan and Silvia Updegrove (Unit 2), Colin J. Martin and Amanda L. Martin(Unit 3), Laura Buckley and Paul Trellopoulos (Unit 4) and Katherine A. Stevens and Michael P. Corderre (Unit 5) from any and all damages, claims and/or liabilities arising out the work performed by Borders or his employees or contractors under the Variance, including, but not limited to any damage to property held in common by the condominium association or damage to individual property of the unit owners. Signed and sealed this 25th day of January, 2006. pzav Commonwealth of Massachusetts Essex, ss. Jan. 25, 2006 On this date,before me, the undersigned notary public,personally appeared Dean Borders, proved to me by satisfactory evidence,which was his/her driver's license, to be the person whose name is signed on the preceding document, and acknowledged that he/she signed it voluntarily for its stated purpose. Notary public Commission expires: 8/31/12 Al E ss,ex, so,u tbe rn Dis tri c t Rea' -1 1�t.ru o f D.6e,j�. 36 F e- eral e Stre. t Sall ell, MA 01970 A 1,126/2006. T i me: I C4.56 Ty�,e.- OTHER Inst 81 BK 25314-35o Loiz. FEE ENO FEE 55.00 20.Cio Payment 75.00 CITY OF SALEM9 MASSACHUSEYtIkOF SALEM, MA RK'&OFFICE-( B0Ak6'-&V4PPk4L 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 DEC -1 MAYOR FAx: 978-740-9846 2066012601081 Bk:25314 P1150 0112612006 10:56:00 OTHER a 1/5 DECISION ON TBE PETITION OF DEAN BORDERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE R-I A hearing on this petition was held on December 1,2005 with the following Board Members present;Nina Cohen,Richard Dionne, Steven Pinto,Bonnie Belair and Robin Stein. 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 petitioneIr is requesting a Variance per Section 84(2)to rebuild a demolished structure and Variances from lot coverage,lot size,front,side and rear setbacks and from the limitation of one principal use on lot for the property located at 272 Jefferson Avenue in an R-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 structures 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 viewmig the plane,makes the following findings of fact: At 272 Jefferson Ave in Salem,.Petitioner Dean Borders owns a 5000 sf lot with two principal structures. a four-story multifimily house and a one and a half story single family house. The buildings are dimensionally nonconforming and nonconforming as to the existence of 2 principal uses on one lot;the Building Commissioner has deemed the property grandfathered in this R-I zone,as to both dimensional nonconformity and use. 2. The two structures belong to a condominium association consisting of four ownership units in the larger house and a fifth unit in the single family. The four units in the larger house have been transferred to new owners and are occupied. All unit,owners were present at the zoning meeting. 'ALEM M� C L,RK S OFF16E LX15C131MVr1nr1rWf11 01FOMBURDERS'REQUESTINGA VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON Avg" page two C A 10L 31r 3. At some time in spring 2005,Mr. Borders or his agent demolished the single family house and removed all parts of the budding above the foundation,except one or more side walls. Immediately following the demolition,the Building Commissioner issued a Stop Work Order barring any firdw wok at the site. The bads for die Stop Work Order was Mr Border's failure to secure zoning relief prior to undertaking the demolition. 4. Xft- Borders stopped work on the site and sought relief from this Board to rebuild the single family house on die property. 5. 7bis Petition was first heard by the Board ofAppeal on October 19,20()4.but was continued to November,at which time we agreed to hear the petition at a special meeting on December 1, 2005. 6. Kevin McGrath,an abutter at 3 Arthur Stree4 testified that following the demolition and stop work order,in violation of state and local building codes,the demolition site was left unattended and open,and building debris was not removed from the property.Mr. McGrath testified that he became aware that electrical service to the demolished single family house was not disconnected,and he strenuously objected to this saIL-ty hazard 7. Members of the condominium association confirmed Mr. McGrath's testimony regarding the open site,building debris and electrical hazard. When Mr. Borders failed to install a safety fence at the request of the condominium association,they undertook to install a fence at their expense.They also secured a rider to their liability insurance policy to cover occurrences on the site resulting from the demolition and subsequent abandonment of the property. 8- All four unit OWn==PrOsed concern the Mr. Borders would be unable to complete construction Of the single family house appropriately. The owners objected to any increase in the size of the proposed dwelling,either in the footprint of the building or its height including the addition of any side or rear porches. The unit owners described Mr.Borders as unresponsive to their calls and concern& 9. Echoing the community reaction, Ward Councillor Jean Pelletier stated that he opposed the grant of any variances to this property on the grounds that Mr. Border's track record as a developer manifested his mability or unwillingness to address legitimate sa&4y and other concerns of the neighbors. 10.Addressing the neighbor's concern, William Quinn,Eq.,representing Mr. Borders,apologized for his client's failure to comply with zoning and building codes,which he stated was due to mciperience Mr Borders is anxious to finish budding a single family house on the footprint of the house that was originally on this site,and regrets inadvertently exposing neighbors or condo owners to dangerous conditions. 11. Mr.Borders offered to commence rebuilding the demolished house by contracting with an experienced licensed construction supervisor,and he undertook to complete construction within 5 months. CLEPWS OF, DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A VARIANCE FOR THE PROPERTY LDCATED AT 272 JEFFERSON AVENUE page three 2085 DEC On the basis of the above findings of fhc�and on, the evidence presented the Board of Appeals finds as follows; I. Special conditions exist when especially affect the subject property but not he District. 2. Literal enforcement of die provisions of die Zoning Ordinance would involve substantial hw**to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating firom the intent of the district or the purpose of the Ordinance. Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Variances requested,subject to the following conditions: I. Petitioner shall comply with all city and state stature,ordinance,codes and regulations. 2. Petitioner shall obtain approval from any City Board or Commission having jurisdiction, including but not limited to the Planning Board. 3. Ali 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. A Certificate of Inspection shall be obtained. 6. Ali construction shall be done according to plans submitted to and approved by the Building Commissioner,with plans to be amended to reduce the she of the second floor by eliminating the outside deck adjacent to the parking area and setting the second floor back an additional four(4)feet from the property Hue shared with the McGrath family.The amended plans and new construction cannot exceed the footprint or height of the demolished structure 7. Petitioner shall hire and use at all times an experienced construction supervisor licensed to work in the City of Salem to oversee construction and both petitioner and construction supervisor shall be responsible for ensuring that all building practices on the site comply with state and local laws and regulations. Petitioner shall submit executed contact with the supervisor to die Building Commissioner when applying for a permit. 8. Work shall not be conducted between the hours of 5:00 pxL and 8:00 am. the following day,or any time on Sundays or Holidays. H;�:RK'S OFFK DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE 1015 DEC -I A page four 9 Ali reasonable actions shall be taken to minimize the negative effects of construction on unit owner and abutters.Advance notice shall be provided to other unit owners and abutters at least 72 hours prior to commencement of construction,and 24 hour advance notice shag be given both verbally and in writing to the McGrath family of any work to be conducted within ten-feet (101)of the McGmth property; 10. The construction site shall be lift in a clean condition free of dust and debris at the end of each day; 11. Consnuction vehicles shall be removed from the site at the end of each day; 12. Petitioner shall require his contractors not to interfere at any time with the ability of the resident unit owners to access or use their parking spaces on the property. 13. The conditions shall be enforced by the Department of the Budding Commissioner,and any violation identified by him which is not cured to his satisfaction after notice to the Petitioner,shall be grounds for the Building Commissioner to stop the work at the site,and upon his request,shall be sufficient cause for this Board to revoke this approval. 14.Petitioner shall initiate the construction within 30 days after this approval becomes legally effective,shall conduct the work diligently and continuously, shall complete the work within five months after beginning it,unless extreme weather conditions cause delay and then only upon application to the Budding Commissioner for a specific additional de for completion.A Certificate of Occupancy b required prior to occupancy of the uWL 15.Petitioner shall indemnify and hold harmless the condominiurn association and each member thereof for any and all liability arising out of damage to property held in common by the condo association or to damage to individual property. 16. Petitioner shall reimburse within 30 days of demand any additional expense incurred by the condominium association as a result of his actions or inactions arising from the demolition and stop work order, including without limitation legal fees up to$1,000.00 and the cost of additional insurance premiums incurred by the condominium association. 17. Petitioner through his counsel shall revise the condominium documents to reflect the changes to the condominium documents resulting from the reconstruction and shall be solely responsible for the costs of such revision and of recording same on the condominium deed and master plan. DECISION OF THE PETMON OF DEAN BORDERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE R-I page five I S.Petitioner shall submit revised plans for die single fiandy house to the condominium association for approval and comment by the members prior to applying for a building permit to begin construction. VARIANCE GRANTED DECEMBER 1,2005 Nina hen, Cha�ser� _1 Board of Appeal A COPY OF TFIIS DECISION HAS BEEN FILED Wrffl THE PLANNING BOARD AND THE CITY CLERK Appeal fiom this decision, if any, shall be made pursuant to Section 17 of the T M[assachusetts General Laws Chapter 40A,and shall be filed within 20 days date of fifing of this decision in the office of die 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 Tide. Board of Appeal ESSEX SOLI[TH REGISTRY DISTRICT -j CD r- JOHN L.O'BRIEN,JR. REGISTRY Of DEEDS T� DATE r-n RECEIVED O'CLOCK—M- 131<�PG� CITY OF SALEM, MASSACHUSETTS Q PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 24, 2006 Dean Borders 34 Wadsworth Street Danvers, Ma. 01923 RE: 272 Jefferson Avenue Dear Mr. Borders: The Salem Zoning Board of Appeals is planning to discuss under Old Business, this Board's decision dated December 1, 2006. This discussion will be during the regular meeting on October 18, 2006. Your attendance is encouraged. If you have any questions, please contact me directly. Sincerely, Building Commissioner I Zoning Officer cc: Nina Cohen, Chairman ZBA Attorney Jerry Perrisala Attorney Stephen Lovely 272 Condo Jefferson Ave Association ON CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET. 3RD FLOOR SALEM. MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR August 24, 2006 Dean Borders 272 Jefferson Ave Condo Trust 34 Wadsworth Street 272 Jefferson Avenue Danvers, Ma. 01923 Salem, Ma. 0 1970 RE: 272 Jefferson Avenue Dear Mr. Borders: The remaining first floor wall and foundation have been out in the weather since you first dismantled the structure in July of 2005. Due to the length of time and the upcoming fall storm season, I am declaring the building "unsafe"per the State Building Code 780 CMR, Section 12 1. This statue requires that you begin to remove the structure within 24 hours of this notice There is no appeal from this order. This action should have no effect on the zoning decision previously granted. Sincerely, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Nina Cohen, Chairman ZBA Attorney Jerry Perrisala Attorney Stephen Lovely 272 Condo Jefferson Ave Association CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHiNGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 EXT. 380 FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR October 18, 2006 Dean Borders 34 Wadsworth Street Danvers, Ma. 01923 RE: 272 Jefferson Avenue Dear Mr. Borders: A letter dated August 24, 2006 was sent to you to have you attend a meeting of the Zoning Board of Appeals on October 18, 2006 under Old Business to discuss your property located at 272 Jefferson Avenue. At this time we would like to reschedule the hearing of your property to have it properly advertised in the legal ads for the November 15, 2006 hearing.. I aphorize for any inconvience this might have cause. S�in drely � Z,—, Thomas St. Pierre Zoning Enforcement Officer CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3Ro FLOOR SALEM. MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR December 8, 2006 ----------Dean Borders--------- 34 Wardsworth Street Danvers, Ma. 01923 RE: 272 Jefferson Avenue Dear Mr. Borders: The Salem Zoning Board of Appeals approved a Variance for your project on December 1, 2005. The decision had 18 conditions attached to it. All IS conditions needed to be met before a building permit could be issued. Your permit was not issued due to a failure to comply with condition 16, 18 and with the time constraints of condition 14. This letter is a denial of your building permit. If you feel you are aggrieved by this denial, you may file an appeal to the Salem Zoning Board of Appeal. Sincerely, rz4_4'-'0 Thomas St. Pierre Zoning Enforcement Officer Building Commissioner cc: Councillor Pellitier Assistant City Solicitor Jerry Parisella Attorney Stephen Lovely CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 0 1970 TEL. (978)745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR Copy July 23, 2003 To Whom it May Concern RE: 272 Jefferson Avenue According to our records, it has been determined that the two buildings located at 272 Jefferson Avenue a legal grandfathered non conforming They are located in a B-1 Neighborhood Business District which allows multi family dwelling. The first building has 4 units and the rear building contains 1 unit. This is to determine use only and in no way is meant to confirm or deny whether said property is in compliance with all building, plumbing, gas, electric, fire or health codes Si n ely, Thomas St. Pierre Zoning Enforcement Officer CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 STOP WORK ORDER N Property Location 272 Jefferson Avenue July 19, 2005 Dean Borders 004 34 Wadsworth Street Danvers, MA 01923 Dear Mr. Borders; 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 Section 113.3, Section 118, and Section 119.1. Further, it will now be theprovince of the Salem Zoning Board ofAppeal, as to whether or not to issue the needed variances in orderfor this project to gofurther. 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, /Jos/eph E. Barbeau, Jr. Assistant Building Inspector CC: file, William Bradley, Mayor's Office, Fire, Health, Police, Councilor Pelletier 0272 JEFFERSON AVENUE 34-06 CIS#: 1980 COMMONWEALTH OF MASSACHUSETTS Map: 123 Block: CITY OF SALEM Lot'. 0031-302 Category: DEMO Permit# 34-06 BUILDING PERMIT Project# JS-2006-0045 Est. Cost: $5,000.00 Fee Chat ged: $35.00 BalanceDue: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: William Bradley Lot Size(sq. ft.)� 5000 �Owner: BORDERSDEAN Zoning: —BI ---jApplicant: William Bradley Units Gained: Units Lost: AT: 0272 JEFFERSON AVENUE Dig Safe#: I ISSUED ON. 14-Jul-2005 AMENDED ON: EXPIRES ON. 14-Jan-2006 TO PERFORM THE FOLLOWING WORK.- 34-06 DEMO TJS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbin2 Building Underground: Underground: Underground: Excavation: Service: Meter: Footings; Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chmnuey: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smokc: Treasury: Water: Alarm: Sewer: Sprinklers; THIS PERMIT MAY BE REVOKED BY THE CI�Y OF SALEM UPON VIO' LATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: DEMOUTION REC-2006-000066 14-Jul-05 X $35,00 GeoTMS&2006 Des Lauriers Municipal Solutions,Inc. CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 FXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 272 JEFFERSON AVENUE October 4,2005 Dean Borders 34 Wadsworth Street Danvers, MA 01923 004PI)00. Dear Mr. Borders; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 780 CMR, Massachusetts State Building Code, Section 113,governing compliance with code. 780 CMR, Massachusetts State Building Code,Section 118, concerning violations of the code. 780 CMR, Massachusetts State Building Code, Section 121, concerning unsafe structures. 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. This property must be made safe, this includes the removal of all debris inclusive of wall sections that have fallen into the adjacent yard, the removal of all hanging wires, and installation of a protective barrier to keep people clear of this site. The current condition of said property is such that it is endangering adjoining properties, this is an unacceptable situation, and must be immediately rectified. If you have any questions regarding this letter,please contact the Building Inspectors Office at (978) 745-9595, extension 386. Sincerely, eph E,. BarbeagJr. Assistant Building Inspector CC: file, Mayor's Office, City Solictor's Office, Health, Fire, Councilor Pelletier CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 STOP WORK ORDER Property Location 272 Jefferson Avenue July 19, 2005 Dean Borders 34 Wadsworth Street Danvers, MA 01923 Dear Mr. Borders; 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 Section 113.3, Section 118, and Section 119.1. Further, it will now be theprovince of the Salem Zoning Board ofAppeal, as to whether or not to issue the needed variances in orderfor this project to gofurther. 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, / �7 Joseph E. Barbeau, Jr. Assistant Building Inspector CC: file, William Bradley,Mayor's Office, Fire, Health, Police, Councilor Pelletier CITY OF SALEM9 MASSACHUSF-TT!t.1-1' 1' U ' '��ILEM- MA 2 BOARD OF APPEAL CLERK S OFFICE 120 WASHINGTON STREET, 3RD FLOOR a SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 DEC -I A 3 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF DEAN BORDERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE R-1 A hearing on this petition was held on December 1,2005 with the following Board Members present;Nina Cohen, Richard Dionne, Steven Pinto, Bonnie Belair and Robin Stein. 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 per Section 8-4 (2)to rebuild a demolished structure and Variances from lot coverage, lot size, front, side and rear setbacks and from the limitation of one principal use on lot for the property located at 272 Jefferson Avenue in an R-I 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 structures 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 nulliPling 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 plane,makes the following findings of fact: I. At 272 Jefferson Ave in Salem, Petitioner Dean Borders owns a 5000 sf lot with two principal structures: a four-story multifamily house and a one and a half story single family house. The buildings are dimensionally nonconforming and nonconforming as to the existence of 2 principal uses on one lot; the Building Commissioner has deemed the property grandfathered in this R-I zone as to both dimensional nonconformity and use. 2. The two structures belong to a condominium association consisting of four ownership units in the larger house and a fifth unit in the single family. The four units in the larger house have been transferred to new owners and are occupied. All unit owners were present at the zoning meeting. L CLFWS OFFIC' E UISMIR IN I VE PE I I I IM OF ------ VAJUANCE FOR TTIE PROPERTY LOCATED AT 272 JEFFERSON AV&"C -1 A 10-- 35 page two 3. At some time in spring 2005,Mr. Borders or his agent demolished the single family house and removed all parts of the building above the foundation, except one or more side walls. Immediately following the demolition,the Building Commision issued a Stop Work Order barring any further wok at the site. The basis for the Stop Work Order was Mr. Border's failure to secure zoning relief prior to undertaking the demolition. 4. Mr. Borders stopped work on the site and sought relief from this Board to rebuild the single family house on the property. S. This petition was first heard by the Board of Appeal on October 19,2004, but was continued to November� at which time we agreed to hear the petition at a special meeting on December 1, 2005. 6. Kevin McGrath,an abutter at 3 Arthur Street,testified that following the demolition and stop work order,in violation of state and local building codes,the demolition site was left unattended and open,and building debris was not removed from the property. Mr McGrath testified that he became aware that electrical service to the demolished single family house was not disconnected, and he strenuously objected to this safiAy hazard. 7. Members of the condominium association corifirmed Mr. McGrath's testimony regarding the open site,building debris and electrical hazard. When Mr. Borders failed to install a safiny fence at the request of the condominium association, they undertook to install a fence at their expense. They also secured a rider to their liability insurance policy to cover occurrences on the site resulting from the demolition and subsequent abandonment of the property. 8. All four unit owners expressed concern the Mr. Borders would be unable to complete construction of the single family house appropriately. The owners objected to any increase in the size of the proposed dwellin& either in the footprint of the building or its height including the addition of any side or rear porches. The unit owners described Mr. Borders as unresponsive to their calls and concerns. 9. Echoing the community reaction, Ward Councillor Jean Pelletier stated that he opposed the grant of any variances to this property on the grounds that Mr. Border's track record as a developer manifested his inability or unwillingness to address legitimate safay and other concerns of the neighbors. 10.Addressing the neighbor's concern, William Quinn, Esq.,representing Mr. Borders, apologized for his client's failure to comply with zoning and building codes, which he stated was due to inexperience. Mr. Borders is anxious to finish building a single family house on the footprint of the house that was originally on this site, and regrets inadvertently exposing neighbors or condo owners to dangerous conditions. 11. Mr. Borders offered to commence rebuilding the demolished house by contracting with an experienced licensed construction supervisor,and he undertook to complete construction within 5 months. CLERK'S OFFIC DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A -' VAPAANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE page three ZOOS DEC -I A I( On the basis of the above findings of fact,and on, the evidence presented the Board of Appeals finds as follows; I. Special conditions exist when especially affect the subject property but not he 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 nuffiffing or substantially deropting from the intent of the district or the purpose of the Ordinance. Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions: I. Petitioner shall comply with all city and state stature, ordinance, codes and regulations. 2. Petitioner shall obtain approval from any City Board or Commission having jurisdiction, including but not limited to the Planning Board. 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. A Certificate of Inspection shall be obtained. 6. All construction shall be done according to plans submitted to and approved by the Building Commissioner,with plans to be amended to reduce the size of the second floor by eliminating the outside deck adjacent to the parking area and setting the second floor back an additional four(4) feet from the property fine shared with the McGrath family.The amended plans and new construction cannot exceed the footprint or height of the demolished structure 7. Petitioner shall hire and use at all times an experienced construction supervisor licensed to work in the City of Salem to oversee construction and both petitioner and construction supervisor shall be responsible for ensuring that all building practices on the site comply with state and local laws and regulations. Petitioner shall submit executed contract with the supervisor to the Building Commissioner when applying for a permit 8. Work shall not be conducted between the hours of 5:00 p.m. and 8:00 am. the following day,or any time on Sundays or Holidays. M CL�_:RK.S oFFICE DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE page four N55 OEC I A 10: 9. All reasonable actions shall be taken to nuinirmize the negative effects of construction on unit owner and abutters. Advance notice shall be provided to other unit owners and abutters at least 72 hours prior to commencement of construction, and 24 hour advance notice shall be given both verbally and in writing to the McGrath family of any work to be conducted within ten-feet (10')of the McGrath property; 10. The construction site shall be lift in a clean condition free of dust and debris at the end of each day; 11. Construction vehicles shall be removed from the site at the end of each day; 12. Petitioner shall require his contractors not to interfere at any time with the ability of the resident unit owners to access or use their parking spaces on the property. 13. The conditions shall be enforced by the Department of the Building Commissioner,and any violation identified by him which is not cured to his satisfaction after notice to the Petitioner,shall be grounds for the Building Commissioner to stop the work at the site, and upon his request, shall be sufficient cause for this Board to revoke this approval. 14. Petitioner shall initiate the construction within 30 days after this approval becomes legally effective, shall conduct the work diligently and continuously, shall complete the work within five months after beginning it, unless extreme weather conditions cause delay and then only upon application to the Building Commissioner for a specific additional tie for completion. A Certificate of Occupancy is required prior to occupancy of the unit 15. Petitioner shall indemnify and hold harmless the condominium association and each member thereof for any and all liability arising out of damage to property held in common by the condo association or to damage to individual property. 16. Petitioner shall reimburse within 30 days of demand any additional expense incurred by the condominium association as a result of his actions or inactions arising from the demolition and stop work order, including without limitation legal fees up to$1,000.00 and the cost of additional insurance premiums incurred by the condominium association. 17. Petitioner through his counsel shall revise the condominium documents to reflect the changes to the condominium documents resulting from the reconstruction and shall be solely responsible for the costs of such revision and of recording same on the condominium deed and master plan. DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 272JEFFERSON AVENUE R-I page five 18. Petitioner shall submit revised plans for the single family house to the condominium association for approval and comment by the members prior to applying for a building permit to begin construction. VARIANCE GRANTED DECEMBER 1,2005 hN.:�Cohe'n, ChZman(scn� Board of Appeal A copy OF THIS DECISION HAS BEEN FILED WITII 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 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 C-) C-) V CTJ C::1 C:)r- �r—. n:L� C-) rn 3: 311 CITY OF SALEM9 MASSACHUSETTS PLIBUC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 0 1970 TEL. (978)745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR copy July 23, 2003 To Whom it May Concern RE: 272 Jefferson Avenue According to our records, it has been determined that the two buildings located at 272 Jefferson Avenue a legal grandfathered non conforming They are located in a B-1 Neighborhood Business District which allows multi family dwelling. The first building has 4 units and the rear building contains I unit. This is to determine use only and in no way is meant to confirm or deny whether said property is in compliance with all building, plumbing, gas, electric, fire or health codes Si ely, Thomas St. Pierre Zoning Enforcement Officer City of Salem, Massachusetts Fire Departnwnt 48 Lafayette Street DavufW. Cody Salem, Massachusew 01970-3695 Fire Prevention Chief Tel. 978-744-1235 Bureau 978-744-6990 FaX978-745-4646 978-745-7777 dcody@salem.com August 24, 2006 Mr. Thomas J. St. Pierre Building Commissioner City of Salem 120 Washington Street Salem, MA 0 1970 Dear Mr. St. Pierre, This letter is to confirm our earlier discussion relative to the building located at 272 rear Jefferson Avenue. This building is a safety/fire hazard to the general public and also to the fire department personnel, especially because of its inability to be secured from public access. Thank you for your immediate attention to this matter. Respectfully, Charles R. Holloran, Jr. Fire Inspector CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR C Py August 24, 2006 Dean Borders 272 Jefferson Ave Condo Trust 34 Wadsworth Street 272 Jefferson Avenue Danvers, Ma. 01923 Salem, Ma. 0 1970 RE: 272 Jefferson Avenue Dear Mr. Borders: The remaining first floor wall and foundation have been out in the weather since you first dismantled the structure in July of 2005. Due to the length of time and the upcoming fall storm season, I am declaring the building "unsafe"per the State Building Code 780 CMR, Section 12 1. This statue requires that you begin to remove the structure within 24 hours of this notice There is no appeal from this order. This action should have no effect on the zoning decision previously granted. Sincerely, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Nina Cohen, Chairman ZBA Attorney Jerry Perrisala Attorney Stephen Lovely 272 Condo Jefferson Ave Association 0272 JEFFERSON AVENUE 211-07 IGIS#: 7829 COMMONWEALTH OF MASSACHUSETTS Map: jBIock: CITY OF SALEM Lot: 0031-301 Category: DEMO,'� Permit# 211-07 BUILDING PERMIT Project# JS-2007-0302 Est. Cost: $5,800.00 ,Fee Charged: $30.00 Balarice Due: $.00 PERMISSION IS HEREBY GRANTED TO: IConst.Class: Contractor: License. Use Group: BAY SHORE DEMOLITION Lot Size(sq. ft.): 5000 Zoning: BI --�Owner: 272 JEFFERSON AVENUE REALTY TRUST T T-fts Applicant: BAY S14ORE DEMOLITION jUnits Lost: I IAT. 0272 JEFFE RSON AVENUE jDig Safe#: I ISSUED ON.- 14-Sep-2006 AMENDED QN.- EXPIRES ON. 14-Mar-2007 TO PERFORM THE FOLLOWING WORK- TEAR DOWN REMAINING STRUCTURE AT 272 JEFFERSON AVENUE REAR POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing ARLIding Underground: Underground: Undergrcun& Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final; Final; Rough Frame: D.P.W. Fire Health Firepla.ce/Chmancy: Meter: Oil; Insulation;. Final: Home It Smoke: Water: Alaren: Treasury: Sewer: Sprinklers: L— I THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. SignfuFe—L al :;i� -'F%01L� Fee Type; Receipt No: Date Paid: Check No: Amount: DEMOLITION REC-2007-000373 14-Sep-06 3289 $30.00 An inspectioll IS la-DMI. ; �M upon complatorl�Iwoik pleaSe Call 745-wZ)595 F–\t. 385 GeoTMS@ 2006 Des Lauriers Municipal Solarium,Inc. Vn3QVV AD CITY OF SALEM I BUILDING PERMIT