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,7 CITY OF SALEM, MASSACHUSETTS
9J BOARD OF APPEAL
Hca oot?4i016 A - s A 8. 11
L'11NE-' 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRIScoLL TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR CITY :;;L'_.,
August 3, 2016
Decision
City of Salem Board of Appeals
Petition of MATTHEW KERNE seelcing a Special Permit per Sec. 3.3.3 Nonconforming Structures
of the Salem Zoning Ordinance to reconstruct a garage at the property of 414 LAFAYETTE
STREET (Map 32 Lot 169) (R1 Zoning District).
A public hearing on the above Petition was opened on June 15, 2016 pursuant to M.G.L Ch. 40A, Q 11. The
hearing was closed July 20, 2016 with the following Salem Board of Appeals members present: Rebecca
Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate).
The petitioner is seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures to reconstruct a garage.
Statements of fact:
1. In the petition date-stamped May 24, 2016, the Petitioner requested a Special Permit per Sec. 3.3.3
Nonconforming Structu,es of the Salem Zoning Ordinance to reconstruct an existing garage.
2. Attorney John Keilty- 40 Lowell Street, Peabody, MA, presents the petition on behalf of the
petitioner.
3. The petitioner proposes to reconstruct and expand an existing single bay garage into a 24' x 24' two
(2) car garage.
4. The property is located within an RI Zoning District.
5. The existing garage is located within one (1) foot of the rear property line.
6. The petitioner is proposing a 24'x 24' structure that is located within one (1) foot of the rear property
line and half of one (1) foot (0.5) from a shared right-of-way that provides access to a rear property.
7. The Board requested that the structure be two (2) feet away from the right-of-way to allow for
maintenance of the right-of-way.
8. The proposed height is 21.7 feet as per the plans. The second story is proposed to provide storage.
9. At the meeting, the Building Inspector informed the petitioner that the height limit for an accessory
structure and garage is 18' feet or 1.5 stories in height.
10. The Building Inspector informed the petitioner that the proposed height of 21.7' feet would require a
variance.
11. On the June 15, 2016 public hearing, the petition was continued to the next regularly scheduled
meeting to allow time for the petitioner decide whether to amend plans or re-apply with a request for
a Special Permit and Variance.
12. On July 20, 2016, the petitioner requested to withdraw the application without prejudice.
City of Salem Board of Appeals
August 3,2016
Project:414 Lafayette Street
Page 2 of 2
13. At the public hearing no members of the public spoke in favor of and one (1) spoke in opposition to,
the petition.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Rebecca
Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate) in favor and none (0) opposed, to
allow the petitioner to withdraw the application without prejudice.
THE PETITION IS WITHDRAWN WITHOUT PREJUDICE
R becca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this derision, if a*, shall be made pursuant to Section 17 of the Marracburetts Genera!Laws Chapter 40A, and shall be filed within 20
days of fik'ng 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 fried with the Euex Soutb
Registry of Deedi.
CITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KDOERLEY DRISCOU,
MAYOR
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-745-9595 ♦ FAX:978-740-9846
Violation Notice
414 Lafayette Street
June 7, 2016
Matthew Keane
414 Lafayette Street
Salem, Massachusetts 01970
RE: Working Without a Permit
Property Owner
Our office received a complaint regarding unpermitted work being performed at your property located at
414 Lafayette Street.The complaints were investigated on Tuesday,June 7, 2016 and the alleged
violations were confirmed. This office has no documentation of an issued permit or permit application
being applied for as required by 780 CMR, Section 105.1 (See Below)
780 CMR: 105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove or
demolish a building or structure; or to install or alter any equipment for which provision is made or the
installation of which is regulated by this code without first filing a written application with the building
official and obtaining the required permit.
You are hereby ordered to contact this office immediately upon receipt of this letter. You will be required
to apply for the required Building Permit, complete a Debris Disposal Affidavit,a Worker's
Compensation Affidavit for the corrections to this violation and pay any applicable fees. Approval of said
permit shall be only issued if the construction project is legal,Building Code compliant, and compliant
thru all City Zoning Ordinances. The opening of partition walls may be required by various Departments
to inspect work illegally completed construction work.
You are hereby ordered to stop work,and correct these violations thru application for permits as stated above
immediately upon receipt of this notice. Failure to do so may result in further actions being brought against you,up to
and including the issuance of Municipal tickets or filing of criminal complaints at District Court. You have the right to
appeal this order to the State Board of Building Regulations at One Ashburton Place,Boston,Ma. If you have any
questions regarding this letter, please contact the Building Inspectors Office at (978) 619-5640.
Respectfully,
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Thomas St. Pierre
Building Commissioner and Zoning Officer
11^ l
CITY OF SALEM
F PUBLIC PROPERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-745-9595♦FAX:978-740-9846
Violation Notice
414 Lafayette Street
June 7,2016
Matthew Keane
414 Lafayette Street
Salem, Massachusetts 01970
RE: Working Without a Permit
Property Owner
Our office received a complaint regarding unpermitted work being performed at your property located at
414 Lafayette Street. The complaints were investigated on Tuesday,June 7, 2016 and the alleged
violations were confirmed. This office has no documentation of an issued permit or permit application
being applied for as required by 780 CMR, Section 105.1 (See Below)
780 CMR: 105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove or
demolish a building or structure,' or to install or alter any equipment for which provision is made or the
installation of which is regulated by this code without first filing a written application with the building
official and obtaining the required permit.
You are hereby ordered to contact this office immediately upon receipt of this letter. You will be required
to apply for the required Building Permit, complete a Debris Disposal Affidavit, a Worker's
Compensation Affidavit for the corrections to this violation and pay any applicable fees.Approval of said
permit shall be only issued if the construction project is legal,Building Code compliant,and compliant
thm all City Zoning Ordinances. The opening of partition walls may be required by various Departments
to inspect work illegally completed construction work.
You are hereby ordered to stop work, and correct these violations thru application for permits as stated above
immediately upon receipt of this notice. Failure to do so may result in further actions being brought against you, up to
and including the issuance of Municipal tickets or filing of criminal complaints at District Court. You have the right to
appeal this order to the State Board of Building Regulations at One Ashburton Place,Boston,Ma. If you have any
questions regarding this letter,please contact the Building Inspectors Office at (978) 619-5640.
Respectfully,
r',�
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Thomas St.Pierre
Building Commissioner and Zoning Officer
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FIELD COPY
° CITY OF SALEM BUILDING :°
SALEM, MASSACHUSETTS 01970 PERMIT
TI. - VALIDATION
927-3883
DATE November 5 19 93 PERMIT NO. 493-93
APRIL CAMT BrnrP ('radwnhl .ADDRESS157Bx: d� SXr etrRe"E ly'ma '885 _
(M0.1 ICOhIA'S LICEN,EI
PERMIT TC Roof (_) STORY Dwell is NUMBER OF '
1111E 0' IMRN
POY[ LNTI NO. IPROPOS[0 USEI DWELLING UNITS
AT (LOCATION1 414 1/2 Lafayette St. Ward 7 ZONING
DISTRICT R-1
INO.) ISTREETI -
BETWEEN - - AND
(; �w•S "" 1 ICNOS> STI1E!\1 ICR035 STREETI
_ LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING S,TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP , BASEMENT WALLS OR FOUNDATION
1T1PE1
REMARKS, Strip 'and reshingle roof
INspected & Approved DSteIR
IOLUME ESTIMATED COST J 3 OO PFEEERMIT S 23.00
c•:SEc•Souf.[ FEE,
OWNER RIchard & Carol Gonet
414 1/2 Lafayette St. Salem, Mass. I.Po E. Tromhlav
INSPECTOR OF BUILDINGS
INSPECTION RECORD
DATE NOTE E1100KESS CRITICISMS •ND REMARKS INSPECTOR
}
Plans must be filed and approved by the Inspector before a permit will be granted.
No. �.3 City of Salem Ward
IS PROPERTY LOCATED IN THE `
HISTORIC DISTRICT? Yes No X a
IF SIDING, HAS ELECTRICAL
PERMIT BEEN OBTAINED? Yes No Home Phone # 9L73,?Y3
APPLICATION Bus. Phone # 9527 37,-3
FOR
PERMIT TO ROOF, REROOF OR INSTALL SIDING
Salem, Mass., A,
TO THE INSPECTOR OF BUILDINGS:
The undersigned herebv applies for a permit to build a cording to t�e following specifications:
Owner's name and address 121 c-4 A"Ao " i ,� Cao w e•�
Architect's name
Mechanic's name and address / rL vLt Qt47k/ok 4, 2 132O
, fP 5Y R,,,,ovt"V/ m13t. G�Sri�
Location of building,No y/'/ ��L t!w�•e crr 9f
What is the purpose of building?
Material of building? Qzm,-ten t• Asbestos?
If a dwelling,for how many families'. _ Uw<-
Will the building conform to the requirements of the law? e-
Estimwed cost 517aw Pontract s L' . o. 5AI OR
Signature of applicant o
REMARKS SIGNED UNDER THE
PENALTY OF PERJURY.
No. 7 N -5�3 Ward_
APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location
PERMIT GRANTED
19 ��
Approve
_ 4 Building Ins- or