7 LARCH AVENUE - BUILDING INSPECTION 7 LARCH AVENUE
of 'Salem, 'TUssUcliuscite
9
P ourd of `c rp
DECISION OF THE PETITION OF KIMBERLY A. HEATH REQUESTING A 'VARIANCE
FOR THE PROPERTY LOCATED ATC:LARCH-AVENUE'((RR-1)
A hearing on this petition was held October 16, 1996 with the following
Board members present: Nina Cohen, Albert Hill, Richard Dionne, Joseph Ywuc
and Paul Valaskatgis. 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 Variance from two side and rear setback to install a
8' x 10' shed for the property located at 7 Larch 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. A letter was submitted in favor of petition signed by George Ray,
of 10 Bayview Cir. and Robert St. Pierre of 9 Larch Avenue.
2. Richard Boisvert of 5 Larch Ave. was present and opposed the petition
with reasons of shed being to tall and to close to the fence.
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.
2. 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.
DECISION OF THE PETITION OF KIMBERLY A. HEATH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 7 LARCH AVENUE (R-1)
page two nn
On the basis of the above findings of fact, and off 6-12- ewl donc7 , presented
at the hearing, the Zoning Board of Appeal voted -unanimously, 5=0oio grant
the variance requested, subject to the following conditions:
Sy
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Exterior finishes of the new construction shall be in harmony with
the exterior structure.
Variance Granted /
October 16,1996
Paul Valaskatgis
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
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
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
Titu of *aIrm, mas,sac4usetts
! �'o Public Propertg Department
Nuilbing i3epartment
(Ont dalem (Sretn
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
September 4 , 1996
Josephine Heath
7 Larch Avenue
Salem, Mass . 01970
RE: 7 Larch Avenue
Dear Mrs . Heath:
On September 4, 1996 , 1 received a complaint from a
Mr . Boisvert that an illegal shed had been placed on your
property. Per City of Salem Zoning Ordinance, Section
7-8, you are required to apply for a permit to install a
shed . You must also keep a shed a distance of five ( 5 )
feet from property lines , side and rear. (Copy of
Ordinance enclosed)
Please contact the Building Department and apply for
proper permits . Failure to do so will result in legal
action being taken against you.
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
�
Leo E. Trembl
Zoning Enforcement Officer
LET: scm
cc: Mr. Boisvert
Councillor Hayes, Ward 6
SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art,VII, § 740
duce the disfigurement of the land, with a The building area of such building or struc.
maximum allowable slope of twenty (20) ture, excluding garages, shall not exceed
r percent. In case of topsoil removal, the area one .l) percent of the lot area or one hun-
t shall be seeded and maintained until plant dred twenty (120) square feet, whichever is
cover is well established. These measures greater,and shall not be located closer than
shall be taken progressively as the use of ten (10) feet to any other building on the
each part for removal or quarrying is dis- same lot or any abutting lot.
continued and shall not be postponed until
final abandonment of the entire operation. See. 7.9. Lot in two districts.
(5) The board of appeals may impose whatever Where a district boundary line divides a lot of
additional requirements It deems necessary record at the time such line is adopted, the regu-
to accomplish the purposes herein stated, lations for the less restricted portion of such lot
and such requirements,in addition to those shall extend not more than thirty (30) feet into
stated above, shall be considered as condi- the more restricted portion, provided that the lot
tions of the special permit. has frontage on a street in the less restricted dis-
Sec. 7.7. Visibility at intersections. trict.
In order to provide unobstructed visibility at Sec. 7-I0. Swimming pools.
intersections, no sign, fence, wall, hedge or other
structure or planting of more than three (3) feet (a) General. Pools used for swimming or bathing
above the established street grade shall be erected, shall be in conformity with the requirements of
placed or maintained within the triangular area this ordinance; provided, however, these regula-
formed by the intersecting street lines and a tions shall not be applicable to any such pool less
straight line joining said street lines at points than twenty-four(24)inches deep or having a sur-
which are twenty-five (25) feet distant from the face area less than two hundred fifty(250)square
point of intersection, measured along said street feet.For purposes of this ordinance,pools are clas-
lines. sified as private swimming pools or public swim-
ming pools.
Sec. 7.8. Accessory buildings and structures.
(b) Classification of pools. Any pool intended to
Accessory buildings and structures,such as ga• be used primarily for swimming for the use only
rages and tool sheds, shall be subject to the fol- of the occupants of a one- or two-family dwelling
lowing regulations: and their guests shall be designated as a private
pool, primarily for swimming. Any pool which is
(1) No accessory building or structure shall be not a private pool as defined above shall be clas-
located within any required front yard or sified as a public pool.
within any side yard of a corner lot.
(2) , No accessory building or structure shall be (c) Permits.
located nearer than ten(10)feet to the prin- (1) No swimming pool subject to the provisions
cipal building, unless such accessory of this ordinance shall be constructed, in-
building or structure is attached to the prin- stalled, enlarged or altered until a swim.
cipal building. ming pool permit has been obtained from
(3) No unattached accessory building or strue- the inspector of buildings.
ture shall be located nearer than five (5) (2) The application for the permit for a pool
feet to any side lot line (side lots in this shall be accompanied by two (2) copies of a
instance refer to a projected line starting plot plan showing the location of the pool
from the front lot line, terminating at the and its relation to property lines and other
rear lot line parallel five t5) feet from the structures upon the lot and names of abut-
side) or rive (5) feet from the rear lot line. tors of adjoining property, one (1) copy of
33
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3 ` Titg of 3ttlEm, Massar4usrtts
Public Propertg lgepartment
wilding Department
(One ftlem Green �
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer IJ✓
September 4 , 1996 V
Josephine Heath
7 Larch Avenue
Salem, Mass . 01970
RE: °7L-arch—Avenue
Dear Mrs . Heath:
On September 4, 1996 , 1 received a complaint from a
Mr. Boisvert that an illegal shed had been placed on your
property. Per City of Salem Zoning Ordinance, Section
7-8, you are required to apply for a permit to install a
shed . You must also keep a shed a distance of five ( 5 )
feet from property lines, side and rear . (Copy of
Ordinance enclosed)
Please contact the Building Department and apply for
proper permits . Failure to do so will result in legal
action being taken against you.
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
n�
Leo E. Trembl
Zoning Enforcement Officer
LET: scm
cc: Mr. Boisvert
Councillor Hayes, Ward 6
SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII, 4 7-10
duce the disfigurement of the land, with a The building area of such building or
x
struc-
ture. excluding garages, shall not exceed allowable slope of twenty (20)
J percent. In case of topsoil removal, the area one .1) percent of the lot area or one hun-
t shall be seeded and maintained until plant dred twenty (120) square feet, whichever is
cover is well established. These measures greater,and shall not be located closer than
shall be taken progressively as the use of ten (10) feet to any other building on the
each part for removal or quarrying is dis. same lot or any abutting lot.
continued and shall not be postponed until
final abandonment of the entire operation. See. 7.9. Lot in two districts.
(5) The board of appeals may impose whatever Where a district boundary line divides a lot of
additional requirements it deems necessary record at the time such line is adopted, the regu-
to accomplish the purposes herein stated, lations for the less restricted portion of such lot
and such requirements,in addition to those shall extend not more than thirty (30) feet into
stated above, shall be considered as condi- the more restricted portion, provided that the lot
tions of the special permit. has frontage on a street in the less restricted dis-
Sec. 7.7. Visibility at intersections. trict.
In order to provide unobstructed visibility at Sec. 7.10. Swimming pools,
intersections, no sign, fence, wall, hedge or other
structure or planting of more than three (3) feet (a) General. Pools used for swimming or bathing
above the established street grade shall be erected, shall be in conformity with the requirements of
placed or maintained within the triangular area this ordinance; provided, however, these regula-
formed by the intersecting street lines and a tions shall not be applicable to any such pool less
straight line joining said street lines at points than twenty-four(24) inches deep or having a sur-
which are twenty-five (25) feet distant from the face area Iess than two hundred fifty(250)square
point of intersection, measured along said street feet.For purposes of this ordinance,pools are clas-
lines. sified as private swimming pools or public swim-
ming pools.
Sec. 7.8. Accessory buildings and structures. (b) Classification a
f jpools. Any pool intended to
Accessory buildings and structures, such as ga- be used primarily for swimming for the use only
rages and tool sheds, shall be subject to the fol- of the occupants of a one- or two-family dwelling
lowing regulations: and their guests shall be designated as a private
pool,
(1) No accessory building or structure shall be nota prl private of as defined above swhich
hall eclas-
located within any required front yard or sified as a public pool.
within any side yard of a corner lot.
(2) No accessory building or structure shall be (c) Permits.
located nearer than ten(10)feet to the prin- (1) No swimming pool subject to the provisions
cipal building, unless such accessory of this ordinance shall be constructed, in-
building or structure is attached to the prin- stalled, enlarged or altered until a swim•
cipal building. ming pool permit has been obtained from
j (3) No unattached accessory building or struc• the inspector of buildings.
ture shall be located nearer than five (5) (2) The application for the permit for a pool
feet to any side lot line (side lots in this shall be accompanied by two (2) copies of a
instance refer to a projected line starting plot plan showing the location of the pool
from the front lot line, terminating at the and its relation to property lines and other
rear lot line parallel five (5) feet from the structures upon the lot and names of abut-
side) or five (5) feet from the rear lot line. tors of adjoining property, one (1) copy of
33