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5 BARNES ROAD - ZBA (2) 5�� r� <wc c C'4' �� :, i �� �� `� PETITIONER Leo LOCATION DATE/ MOTION: TO GRAT �— ----_. TO DENY SECO TO RE- AR SECOND � WMRDRAW SECOND CONTINUE SECOND SECOND ROLL CALL nt Grnt �+---• ,� Wiebdr.r �~-V ------------- Alma Cohen onH�ue Rkhard Dianne --.� Bounk Belair .— Edward Moriarty ASSOCIATE CONDITIONS CITY OF SALEM9 MASSACHUSEXTI!i ' O� SALEM. MA Q BOARD OF APPEAL CLERKS OFFICE 120 WASHINGTON STREET, 3RD FLOOR. SALEM, MASSACHUSETTS 01970 [[ 'J STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 206 DEC I [�l A II: "2 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF LEONARD ILY REQUESTING AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 A hearing on this petition was held on December 1, 2005 with the following Board Members present: Nina Cohen, Chariman, Richard Dionne, Robin Stein, Bonnie Belair and Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Appeal or interpretation of the Board of Appeal decision dated October of 2003 for the property located at 5 Barnes Road in an R-1 zone. After hearing the evidence the Board of Appeal makes the following findings of fact: 1. The Petitioner owns the property located at 5 Barnes Road, which is located in an R- 1 zone. 2. On October 16, 2002, the Petitioner applied for and received a Variance relative to the side yard setback requirements of the R-1 Zone thus permitting the petitioner to construct an accessory structure on said property. 3. During his 2002 hearing before the Board, the Petitioner represented that he intended to build a garage to store trailers and valuable racecars, which he used for his hobby of car racing. 4. The variance granted to the Petitioner authorized to construct a 40 x 40 single story garage pursuant to the plans submitted with his them application. 5. The petitioner received a building permit based on plans that differed from the plans submitted with the variances application and his now constructed substantial portion of the garage. 6. The garage as constructed is different from the submitted plans in that it contains a second floor and is oriented 90 degrees differently than initially above causing the doors to be in a different location. 7. In appealing the Violation Notice issued by Mr. St. Pierre, the Petitioner sought either an amendment of this earlier variance approval or a ruling that he was in compliance with the October 16, 2002 variance as granted. CII Y OF SALEM, MA CLERK'S OFFICE DECISION OF THE PETITION OF LEONARD ILY REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 _1005 DEC 19 A 11: 22 page two Therefore, based on the fact and on evidence presented, the Board of Appeals voted 3 in favor to 2 in opposition to uphold the Building Inspector decision with regards to 1 he property located at 5 Barnes Road.. Robin Stein C �' Board of Appeal l 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 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 it 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 Jr co CITY OF SALEM, MASSACHUSETTS � Y OF SALEM.BOARD OF APPEAL CITMA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MA 01970 ®� TEL. (978) 745-9595 ' FAx (978) 740-9846 STANLEY J. USOVICZ, JR. 2001 OCT 20 A ID 50 MAYOR DECISION OF THE PETITION OF LEONARD ILY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 A hearing on this petition was held October 16, 2002 with the following Board Members present: Nina Cohen, Joan Boudreau, Stephen Harris, Nicholas Helides and Joseph Barbeau. 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 for side yard setback to construct an accessory structure (garage) for the property located at 5 Barnes Road located 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 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. Petitioner, Leonard Ily seeks a variance from Section 7-8(1) of the Zoning Ordinance to construct a 40' by 40 'garage in which to store trailers and valuable racecars, which he uses for his hobby of car racing. 2. Currently, there is a one-story wood frame shed building on the lot that is visible from Highland Avenue and is considered to be an eyesore by the neighbors. Mr. Ily intends to tear down the existing shed and rebuild a roofed, wood frame garage on a concrete foundation that would house all his racing equipment, including trailers, racing cars and maintenance equipment. Mr. Ily specified that, although large, the planned structure would be designed to present a nice appearance to Highland Avenue. C� r DECISION OF THE PETITION OF LEONARD ILY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 page two 3. Petitioner does not intend to commence any commercial activity in the,proposed structure, indeed, petitioner understands that this site is not zoned for commercial activity. 4. Several neighbors, voiced support for the proposed structure as an alternative to viewing racing equipment on the lot. Such support was provided by Victor Frasca, George Flessas, Phil Kinder, Richard Thomas and Dennis Kolbert. Councillor at Large Kevin Harvey and Mary Perrone who was the seller of the property. 5. Candido Milani and Nina Clay were concerned about a series of piles of dirt and stone that petitioner bought onto the property. Mr. Ily agreed to remove the dirt piles as a condition of the granting of the variance. 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 ineneral. 9 . 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 5-0 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 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 shall be clapboard and approved by the Building Commissioner. 6. A Certificate of Inspection shall be obtained. 7. Petitioner shall obtain proper street numbering for the City of Salem Assessors Office and shall display said number so as to be visible from the street. DECISION OF THE PETITION OF LEONARD ILY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 page three 8. No building permit will be issued until dirt piles are removed. 9. After completion, all vehicles related shall be stored inside structure. 10. Landscape shall be done on the side of the property located at Highland Avenue and Barnes Road. VARIANCE GRANTED OCTOBER 16, 2002 Nina Cohen, Chairman Board of Appeal 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 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 CITY OF z , M1iSSSCHIISETTS CH , Jr „F � C�;RK S OFFICE -g OF APPEBL 2 e e NOV I l A 1a 5b TO Tm BOA=OrxvrUU / ThrUnaer�n.a�represent he/she is/ae the owners of a certain p�I of land located at: &ff L4.es /7, 57 .ti/ etreer zoning Didde .0 I and said paroal Is affected by Becticn(s) of the Massachusetts State Building Code. Pians describing thin work proposed have been submittal to the inspector of Buildings in accordance with Section IX A.1 of the Ordinance. _ The Appli�mtioa for Permit was p denied by the Inspector of Buildings for the following reason(s): The Undersigned hereby paddons the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and Order the Taspedw of Buildings to approve the sppilo cum fee Permit to build as filed, as the antorcamal of said Zoning DpLawa and Btdiding Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the/following reasons: �� 0 T o -� bid �Pc/ Sim 0akj Dd� P o� 10103 Owner. PBrrI't���.yy Petitioner. Address lls4n a s S4 1#4OiS�0Addrem: TeL No. 7 S - 7e/o—3 /a 7 TeL No. Date: This signal appliaatim must be tiled with the City Clerk A certified copy of this petition win be returned to petitioner at the time of SMg wlffi the City Clark, to then be iWd with the Beeretary of the Board of Appeal , four weeks Prior to the meeting of the Board of Appeal, along with a check for advertising in the amount of S ,made Payable to the'Salam Bnmftg News'. vW 'HPVC 03AI3J3a ATTTEST Z 0 lb d S I ADN SOOT Q. ��� ld30 JN'IOlifiB CITY CIM w CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL CITY OF SALEM, MA y 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICEILN SALEM, MA 01970 TEL. (978) 745-9595 FAx (978) 740-9846 STANLEY J. USOVICZ, JR. 1002 OCT 24 A ID 50 MAYOR DECISION OF THE PETITION OF LEONARD ILY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 A hearing on this petition was held October 16, 2002 with the following Board Members present: Nina Cohen, Joan Boudreau, Stephen Harris, Nicholas Helides and Joseph Barbeau. 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 for side yard setback to construct an accessory structure (garage) for the property located at 5 Barnes Road located 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 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. Petitioner, Leonard Ily seeks a variance from Section 7-8(1) of the Zoning Ordinance to construct a 40' by 40 `garage in which to store trailers and valuable racecars, which he uses for his hobby of car racing. 2. Currently, there is a one-story wood frame shed building on the lot that is visible from Highland Avenue and is considered to be an eyesore by the neighbors. Mr. Ily intends to tear down the existing shed and rebuild a roofed, wood frame garage on a concrete foundation that would house all his racing equipment, including trailers, racing cars and maintenance equipment. Mr. Ily specified that, although large, the planned structure would be designed to present a nice appearance to Highland Avenue. DECISION OF THE PETITION OF LEONARD ILY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 page two 3. Petitioner does not intend to commence any commercial activity in the proposed structure, indeed, petitioner understands that this site is not zoned for commercial activity. 4. Several neighbors, voiced support for the proposed structure as an alternative to viewing racing equipment on the lot. Such support was provided by Victor Frasca, George Flessas, Phil Kinder, Richard Thomas and Dennis Kolbert. Councillor at Large Kevin Harvey and Mary Perrone who was the seller of the property. 5. Candido Milani and Nina Clay were concerned about a series of piles of dirt and stone that petitioner bought onto the property. Mr. Ily agreed to remove the dirt piles as a condition of the granting of the variance. 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 in general. 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 5-0 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 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 shall be clapboard and approved by the Building Commissioner. 6. A Certificate of Inspection shall be obtained. 7. Petitioner shall obtain proper street numbering for the City of Salem Assessors Office and shall display said number so as to be visible from the street. DECISION OF THE PETITION OF LEONARD ILY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 BARNES ROAD R-1 page three 8. No building permit will be issued until dirt piles are removed. 9. After completion, all vehicles related shall be stored inside structure. 10. Landscape shall be done on the side of the property located at Highland Avenue and Barnes Road. VARIANCE GRANTED � v CSO OCTOBER 16, 2002 Nina Cohen, Chairman Board of Appeal 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 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