0007 CEDAR AVENUE - ZBA 67 CEDAR AVENUE -�
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fat Legal Notice
I
I a CITY OF SALEM
ps BOARD OF APPEAL
of 745-9505 ExL 361
p- Will hold a public hearing for all j
persons interested in the petition sub-
mitted by MICHAEL GINLEY request- I
Iing a Variance from side yard setback
to allow a 5 1&x 16'addition.Side
setback will be 0"instead of the 10"
art- requirement for the property located at
ris- 7 CEDAR R-1.Said hearing to be held
and WEDNESDAY,JANUARY 21,2004 AT
ook 6:30 P.M., '120 WASHINGTON
the STREET,3RD FLOOR,ROOM 313.
by Nina Cohen f
of Chairman i
ve,
(10104, 14)
Lon
)[ed `
Ie1
+p, CITY OF SALEM, MASSACHUSETTS ''! q
BOARD OF APPEAL
Ipp4F �q
120 WASHINGTON STREET, 3RD FLOOR
•) p SALEM, MA 01970 FB
TEL. (978) 745-9595 ?6
FAX (978) 740-9846 Q
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF MICHAEL GINLEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 7 CEDAR AVENUE R-1
A hearing on this petition was held on February 18, 2004, with the following Board
Members present: Nina Cohen, Chairman, Stephen Harris, Richard Dionne, Nicholas
Hellides and Joseph Barbeau. Notice of the hearing was sent to abutters and other 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 from side yard setback of 0 feet instead of the 10
foot requirement, to allow a 5 1/2 x 16 addition for the property located at 7 Cedar Avenue
located in an R-1 zone.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. Special conditions and circumstances exit which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings or
structures in the same district.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner
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 or 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 . The Petitioner appeared and represented himself at the hearing.
2. The Petitioner had not obtained a building permit prior to commencing
construction.
3. The direct abutter, Linda Ackerman, strongly opposed the addition stating that it
was infringing on her property and that damage had been done to her property.
4. Councillor Joseph O'Keefe also opposed to this petition.
C
s
DECISION ON THE PETITION OF MICHAEL GINLEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 7 CEDAR AVENUE R-1
page two
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject property and not
the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent of the
district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 1 in favor and 4 in opposition to grant the
requested variances. Having failed to garner the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
VARIANCE DENIED
FEBRUARY 18, 2004
is and Dionne SCS
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 MGL
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 MGL 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 passed 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 owners Certificate of Title.
y A.�
PLAN OF. LAND ''N
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SALEM, MASS_ ft 29422
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certify that the dwelling is sIr
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NOTE. THIS PLAN WAS PREPARED FROM A
'r, r cExT1F7 r0 Tri BEsr of MY IwOMLmsE TAPE SURIFY AND IS INTENDED FOR
TxAr ON MrS PLAN ARE NOr
LOCATED MITNIN A FLOOD MAZARO AREA AS DEZINEATED MORTGAGE PURPOSES ONLY. OFFSFTS SHOWN
ON 7T$MAP OF COAdNlAVITY 02MOR-S PREPARED BY THE ON OR SCALED FROM THIS PLAN, ARE
FE7JEpAL affRONCr MANASE�NT ASENcr OR rr s APPROXIMATE ONLY AND SHOULD NOT BE
succEssORs,04 e/5/e5. " USED .TO OETEAMINE PROPERTY LINES.
r FLRn7 s7 ae 1FY WTHIS IWECTION WAS PEA-
FORAW MAccoRl6ANCE MrTH 77E '=W=44 STAND- SCALE i'- Z Q'DATE Tine
AWS FOR NORTS'ASE LOAN INSPECTIONS' AS AOLW70 BY
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MrS CERTIF1CAMW ODES NOT INCLLRIE S1RM, MALLS.
FENCES OR DRIYENYS AS rAEY 00 NOr ALMAYS PUMA 7F CONTROL #F r'�1/- 0 3 2 B A..
PROPERTY LINES ACCOM MY.
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City of *arem, Aaoarbuaift
Office of the Citp council
Citp 30all
COUNCILLORS-AT-LARGE LEONARD F. O'LEARY WARD COUNCILLORS
2004 PRESIDENT 2004
THOMAS H. FUREY LUCY CORCHADO
KEVIN R. HARVEY DEBORAH E. BURKINSHAW MICHAEL SOSNOWSKI
JOAN B. LOVELY CITY CLERK JEAN M. PELLETIER
ARTHUR C. SARGENT, III LEONARD F. O'LEARY
MATTHEW A. VENO
MICHAEL BENGAL
January 21, 2004 JOSEPH A. O'KEEFE, SR.
Ms.Nina Cohen, Chair
Salem Board of Appeal
120 Washington Street
SALEM MA 01970
Re: Petition of Michael Ginley requesting a Variance side yard
setback to allow a 5 '/i x 16' addition. Side setback will be
0 instead of the 10 foot requirement for the property located
at 7 Cedar Avenue R-1.
Members of the Board:
In a letter to petitioner Michael Ginley dated September 23, 2003(Attachment 'A'),
Acting Salem Building Inspector Thomas St. Pierre advised Michael Ginley he had
constructed a 5 '/2' x 16' addition to his home without procuring a building permit. Mr.
St. Pierre advised Mr. Ginley his survey (Ginley's) demonstrated the addition was
actually on a portion of his neighbor's property (Ms. Linda Ackerman, 5 Cedar Avenue).
Mr. St. Pierre directed Mr. Ginley to remove the addition within 30 days. Mr. Ginley
filed a direct appeal of the lawful order of Mr. St. Pierre which was recorded in the Salem
City Clerk's Office on December 22, 2003, some 90 days after he received notice of Mr.
St. Pierre's order to remove the addition.
I recorded two digital images of the addition in question from the public sidewalk this
morning(Attachments 'B' & 'C'). Attachment 'B' reflects an image of the side addition
facing the property at No. 5 Cedar Avenue. You will note the addition is two story
allowing entrance from a door from the ground. If the addition were allowed a person
using this entrance would be standing on the abutter's property. Attachment'C' reflects
the addition as viewed from the public way.
I have attached a copy (Attachment 'D') of a September 21, 1994 application of
Michael Ginley applying for a building permit for a roof. Mr. Ginley knew then he
needed to procure a building permit to 'Re Roof and obtained one. Mr. Ginley did not
procure a building permit for this addition which is 'actually on a portion of your
neighbor's property' (Building Inspector St. Pierre's language). Had Michael Ginley
made application for a building permit for the addition he would have been told of the
sideyard setback requirements.
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
I am neither a lawyer or an expert on zoning issues but I understand the Zoning Board
of Appeal may grant a variance to the Salem Zoning Ordinance owing to circumstances
relating to soil conditions, shape or topography of land and structures if a literal
enforcement of the provisions of the Salem ordinance would involve a substantial
hardship, financial or otherwise may exist. Michael Ginley erected a 5 '/z x 16' two
storyaddition without procuring a building permit on a portion of his neighbor's
property. I do not believe Michael Ginley can seek a hardship variance for an act of his
own omission.
I believe the desirable relief Michael Ginley now seeks from the Zoning Board of
Appeal would be a substantial detriment to the public good and would nullify or
substantially derogate from the intent or purpose of the Salem Zoning Ordinance, which I
supported and voted to enact.
I request the Board of Appeal deny Michael Ginley's instant appeal (variance)of the
lawful order of Acting Salem Building Inspector dated September 23, 2003 to remove a 5
'/z x 16' addition, built without a permit, on a portion of his neighbor's property at No. 5
dar Avenue.
Respectfully,
J seph . O'Keefe, t.
Councillor Ward 7
CITY OF SALEM, MASSACHUSETTS
, o e
t PUBLIC PROPERTY DEPARTMENT
�✓' 120 WASHINGTON STREET, 3RO FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 976-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
September 23, 2003
COPY
Michael Ginley
7 Cedar Avenue
Salem. Ma. 01970
RE: Addition
Dear Owner:
As you are aware, you constructed an addition without procuring a building permit at
your property. Furthermore,your survey demonstrates that the addition is actually on a
portion of your neighbor's property,
You are directed to remove the addition within 30 days upon receipt of the letter. Failure
to comply will result in a complaint being filed in Salem District Court.
If you have any further questions, please contact me directly.
Sincerely,
v
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
John Keenan
Councillor O'Keefe
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Plans must be filed and approved by the Inspector
prior to a permit being granted
CITY OF SALEM
No. Ward
HISTORIC DISTRICT? Y N Date
IF FOR SIDING, HAS ELECTRIC • Home Phone
PERMIT BEEN OBTAINED? Y N Bus. Phone
APPLICATION
FOR ,
PERMIT TO
TO THE INSPECTOR OF BUILDINGS: T
The undersigned hereby applies for a permit to build according to the
following specifications:
Owner's name and address Iml
Architect's name
Ar
Builder's name
k
Location of building, No. nn n
What is the purpose of building? (� '
If dwelling, # of units? �-Material of bldng?
Will building conform to law? Asbestos?
Estimated cost 005 City Lic.# State Lic.# r
Signature of Applicant
SIGNED UND THE PENALTY OF PERJURY-
DESCRIPTION OF WORE TO BE DONE
Mail Permit to:
Pro`essional Land Surveyors & Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
' .OSBORN
PALMER
- __..._._. 1911 - 1970
BRADFORD 8 WEED 1885 - 1972
PLOT PLAN OF LAND
LOCATED IN a df, ✓:,,
S A LE M;MASS.
5-7ZOt Sr.
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pwe,1lln�
1\I o. 7
Lc,+ L 0 Cof E
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07
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—fo Lorin�1\vp_, X•Cu�in IZ1;S -�Ke
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CEDA2 qvc .
I hereby certify to
3e n n G'�h by that the
buildings are located on the
ground as shown.
SCALE: 1 Z D
DATE: AvG G.Z7,Zoo3
REFERENCE: DEebBK 7.7-73 PG 19Z Christopher R. Mello PLS'"31317 ,
104 LOWELL STREET
PEABODY,MASS.01960
(978)531-8121
FAX:(97M 531=5920
° Citp of 6aiem, A1a2;5arbU!5ett!
®ffire of the Citp (Council
(Cup Rall
COUNCILLORS-AT-LARGE LEONARD F O'LEARY WARD COUNCILLORS
2004 PRESIDENT 2004
THOMAS H. FUREY DEBORAH E. BURKINSHAW LUCY CORCHADO
KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M. PELLETIER
ARTHUR C. SARGENT, III LEONARD F. O'LEARY
MATTHEW A. VENO
MICHAEL BENGAL
January 21, 2004 JOSEPH A. O'KEEFE, SR.
Ms.Nina Cohen, Chair
Salem Board of Appeal
120 Washington Street
SALEM MA 01970
Re: Petition of Michael Ginley requesting a Variance side yard
setback to allow a 5 '/i x 16' addition. Side setback will be
0 instead of the 10 foot requirement for the property located
at 7 Cedar Avenue R-1.
Members of the Board:
In a letter to petitioner Michael Ginley dated September 23, 2003(Attachment `A'),
Acting Salem Building Inspector Thomas St. Pierre advised Michael Ginley he had
constructed a 5 '/2' x 16' addition to his home without procuring a building permit. Mr.
St. Pierre advised Mr. Ginley his survey (Ginley's) demonstrated the addition was
actually on a portion of his neighbor's property (Ms. Linda Ackerman, 5 Cedar Avenue).
Mr. St. Pierre directed Mr. Ginley to remove the addition within 30 days. Mr. Ginley
filed a direct appeal of the lawful order of Mr. St. Pierre which was recorded in the Salem
City Clerk's Office on December 22, 2003, some 90 days after he received notice of Mr.
St. Pierre's order to remove the addition.
I recorded two digital images of the addition in question from the public sidewalk this
morning (Attachments B & 'C'). Attachment B reflects an image of the side addition
facing the property at No. 5 Cedar Avenue. You will note the addition is two story
allowing entrance from a door from the ground. If the addition were allowed a person
using this entrance would be standing on the abutter's property. Attachment `C' reflects
the addition as viewed from the public way.
I have attached a copy(Attachment `D')of a September 21, 1994 application of
Michael Ginley applying for a building permit for a roof. Mr. Ginley knew then he
needed to procure a building permit to `Re Roof and obtained one. Mr. Ginley did not
procure a building permit for this addition which is `actually on a portion of your
neighbor's property' (Building Inspector St. Pierre's language). Had Michael Ginley
made application for a building permit for the addition he would have been told of the
sideyard setback requirements.
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM
I am neither a lawyer or an expert on zoning issues but I understand the Zoning Board
of Appeal may grant a variance to the Salem Zoning Ordinance owing to circumstances
relating to soil conditions, shape or topography of land and structures if a literal
enforcement of the provisions of the Salem ordinance would involve a substantial
hardship, financial or otherwise may exist. Michael Ginley erected a 5 '/2 x 16' two
story addition without procuring a building permit on a portion of his neighbor's
property. I do not believe Michael Ginley can seek a hardship variance for an act of his
own omission.
I believe the desirable relief Michael Ginley now seeks from the Zoning Board of
Appeal would be a substantial detriment to the public good and would nullify or
substantially derogate from the intent or purpose of the Salem Zoning Ordinance,which I
supported and voted to enact.
I request the Board of Appeal deny Michael Ginley's instant appeal (variance) of the
lawful order of Acting Salem Building Inspector dated September 23, 2003 to remove a 5
'/i x 16' addition, built without a permit, on a portion of his neighbor's property at No. 5
dar Avenue.
Respectfully,
J seph . O'Keefe, r.
Councillor Ward 7
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
September 23, 2003
copy
Michael Ginley
7 Cedar Avenue
Salem. Ma. 01970
RE: Addition
Dear Owner:
As you are aware, you constructed an addition without procuring a building permit at
your property. Furthermore, your survey demonstrates that the addition is actually on a
portion of your neighbor's property,
You are directed to remove the addition within 30 days upon receipt of the letter. Failure
to comply will result in a complaint being filed in Salem District Court.
If you have any further questions, please contact me directly.
Sincerely, /
Thomas St. Pierre
Acting Building Commissioner
cc: Mayors Office
Tom Phillbin
John Keenan
Councillor O'Keefe
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Plans must be filed and approved by the Inspector
prior to a permit being granted
CITY OF SALEM r-
No. Ward
HISTORIC DISTRICT? Y N Date a /
IF FOR SIDING, HAS ELECTRIC Home Phone
PERMIT BEEN OBTAINED? Y N Bus. Phone -:
APPLICATION
FOR
PERMIT TO�
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the__. $'
following specifications:
F
Owner's name and address
Architect's name r
Builder's name
Location of building, No.
What is the purpose of building?
If dwelling, # of units? �—Material of bldng?
Will building conform to law? Asbestos?�/� ,
Estimated cost ;f City Lic.1/ State Lic.#
Signature of Applicant /
SIGNED UND THE PENALTY OF PERJURY—
DESCRIPTION OF WORE TO BE DONE
ruc
Mail Permit to:
"D
Processional Land Surveyors Er Civil Engineers
ESSEX SURVEY SERVICE 1958 - 1986
'`%`' s't '^i OSBORN PALMER _....._._.-,. 1911 - 1970
BRADFORD 8 WEED 1885 - 1972
PIAT PLAN OF LAND
LOCATED IN
S A LE".,MASS. t.
.. ..-......
S�Zo_ Sr.
GSL iNC
pwe-�rn�
Lc,+ C ° CofE
D
ao
-TO Lor1 3Ave X•Cu�inIZQSP''Ke (pS•O i
k•ar'! .n RRS- lke se.
CEDAR ,QVC .
I hereby certify to
:Tr n n G'-h ley that the
buildings are located on the
ground as shown.
SCALE: I" = Zo' 1
DATE: AV G Z7,Zoo l`
REFERENCE: DeeDffiC 7-293 PG 197- Christopher R. Mello PLS'`31317 .
104 LOWELL STREET
PEABODY,MASS.01960
(978)531-8121
FAX-197R1531'S92o