Loading...
151-153 FORT AVENUE - ZBA 151-153 FORT AVENUE `� 10� �rGcJ— 3� S�d����� rear �f��s VL Cheryl A. LaPointe �coNar, 3 J�oonc 1 Alt 5F.1-1 e � �Q�mne a� October 4, 2004 I hereby certify that twenty (20) days have expired from the date this instrument was received, and that NO APPEAL has been filed in this office, except the one appeal filed in the Salem District Court, Docket #200436CV000152, which appeal has been dismissed by the court, an attested copy of its decision is on file with this office, and copy of same is attached hereto. A TRUE COPY CHERY A. LaPOINTE ATTEST: CITY CLERK DOCKET NUMBER Trial Court of Massachusetts .._ Civil District Court Department 'i, DOCKET 200436CV000152 _ CASE NAME CURRENT COURT DONALD W.MOORE vs. GEORE HOXHA AS HE IS MEMBER OF THE BOARD OF APPEAL CITY Salem District Court OF SALEM 85 Washington Street Salem, MA 01970-3572 ASSOCIATED DOCKET NO. DATE FILED DATE DISPOSED (978) 744-1167 02/13/2004 04/23/2004 PLAINTIFF(S) PLAINTIFFS ATTORNEY P01 DONALD W. MOORE NICHOLAS J. DECOULOS 39 CROSS STREET PEABODY, MA 01960 (978) 532-1020 en c r� m 7K 7KT 1 �D Cavr DEFENOANT(S)/OTHER SINGLE PARTIES DEFENDANTS ATTOI D01 GEORE HOXHA as he is MEMBER OF THE BOARD OF APPEAL CIT DANIEL JOHN MkCDONAIm3 15 BROOK ROAD 29 LOWELL ST14EET v TOPSFIELD, MA 01983 PEABODY, MA 61960 (978) 741-9262 D02 KATI OLSON as she is MEMBER OF THE BOARD OF APPEAL CITY THOMAS T. TRUAX D03 NINA COHEN as she is MEMBER OF THE BOARD OF APPEAL CITY D04 STEPHEN HARRIS as he is MEMBER OF THE BOARD OF APPEAL D05 RICHARD DIONNE as he is MEMBER OF THE BOARD OF APPEAL ET AL NO. ENTRY DATE DOCKET ENTRIES sc�7 y 1 02/17/2004 Complaint filed on 02/13/2004 at Salem District Court. 2 02/17/2004 Appearance for Donald W.Moore filed by Attorney NICHOLAS J.OECOULOS 39 Cross Street Peabody MA 01960 13130#117760 _ A TRUE COPY ATTEST- 3 02/17/2004 Filing fee of$160.00 and surcharge of$15.00 paid(G.L.c.262§§2&4 •'� 4 02/17/2004 DISMISSAL UNDER STANDING ORDER 1-88 TIME STANDARDS 00506:01 PM. 5 02/17/2004 DISMISSAL UNDER MASS.R.CIV.P.4(j)potentially applicable on 05/30/200406:01 PM. 6 02/17/2004 Affidavit of compliance regarding service of process by P01 DONALD W.MOORE filed. 7 03/0412004 Appearance for Geore Hoxha As He Is Member Of The Board Of Appeal City Of Salem filed by Attorney DANIEL JOHN MACDONALD 29 Lowell Street Peabody MA 01960 BBO#656751 A TRUE COPY, CLERK-MAGISTRATE/ASST.CLERK DATE Page 1 of 2 ATTEST: x DaterTime Printed'. 10/052004 09'.41 AM DOCKET CONTINUATION 200436CV000152 NO. ENTRY DATE _ __ DOCKET ENTRIES B 03/05/2004 Answer filed by POt DONALD W.MOORS.TO VERIFIED COMPLAINT Appearance for Kati Olsen As She Is Member Ot The Board Of Appeal City Of Salem filed by AKomey THOMAS T.TRUAX 530 9 03!09/2004 Loring Ave.,Suite 101 Salem MA 01970 BBO#503230 10 03/09/2004 Motion for summary judgment(Mass.R.Civ .P.56)filed by 002 KATI OLSON. 11 03/09/2004 MOTION SCHEDULED FOR HEARING on 03117/200409:00 AM. F CHERYL LAPOINTE,ASSISTANT CITY CLERK IN THE OFFICE OF THE CITY CLERK 12 03/0912004 AFFIDAVIT O 13 03/09/2004 Affidavit of D02 KATI OLSON filed. n c n 14 03/09/2004 AFFIDAVIT OF THOMAS T.TRUAX,DEFTS ATTY CD r CD mo n Motion for summary judgmem(Mass.l t iv.P.56)filed by DOt GEORE HOXHA. I V7 cn 15 03/10/2004 rn ©D 16 03/10/2004 MOTION SCHEDULED FOR HEARING on 03/17/200409:00 ANL D f*13 -- 17 03116/2004 MOTION SCHEDULED on 3/17/04 09:00 AM RESCHEDULED for 3/24/04 09:00 AM.Reason:Request dgII parties. 16 04/14/2004 PLAINTIFF'S MEMORANDUM IN iiii OF DENIAL OF DEFTS MOTION FOR SUMMARY JUDGMENT-FILED 3/24/04 19 04/14/2004 DEFTS Motion for summary judgment(Mass.R.Civ.P.56)allowed(Dowling,Hon.Patdcia A.).415/04 20 04/23/2004 Notice of appeal to Appeals Court filed by P01 DONALD W.MOORS(Mass.R.A.P.3(d));trial judge 8 other parties notified,fled on 4-16-04 21 05/21/2004 Judgment for DOi GEORE HOXHA 8 002 KATI OLSON 8 003 NINA COHEN 8 004 STEPHEN�HAR5t1S 8.COS RICHARD DIONNE 8 006 JOSEPH BARBEAU 8 D07 BONNIE BELAIR against PD1 DONALD W,MOORE Op6h' i6ptafsummary judgment(Mass.R.CIv.P.56)(Dowling,Hon.Patricia A.);parties notified. - - tfed 22 06/17/2004 Notice of appeal to Appeals Court filed by Pot DONALD W.MOORS(Mass.R.A.P.3(a)'tnal ju o er poC )i 23 OS/i 112004 Motion to dismiss appeal IN ass.R.A.. 10,Q filed by D02 KATI OLSON . /'S�,ryf�D/'� -- MOTION SCHEDULED FOR HEARING on 08/18/200409:00 AM. A � rj�JP 1 f 24 08/11/2004 25 10/04/2004 Motion to dismiss appeal(Mass.R.A.P.10[c])allowed(Dowling,Hon.Patdcia A.).9/14/04(NO OPPOSITION HAVING BEEN FILED) �+-��+Tp _ FUMA ATE A TRUE COPY, CLERK-MAGISTRATE/ASST.CLERK CLERK �AGISTRAD Page 2 of 2 ATTEST: x Date/Time Printed: 10/05/2004 09:41 AM eco CITY OF SALEM9 MASSACHUSETTS CJTY of SAL EM BOARD OF APPEAL GLERt��s'. It E, $ 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 1"^7 PEC STANLEY J. LISOVICZ, JR. vLl. An- 04 MAYOR DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1 A hearing on this petition was held December 17, 2003, with the following Board Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and Bonnie Belair. 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 is requesting a Special Permit and Dimensional Variances from lot coverage and parking to expand a non-conforming structure for the property located at 153 Fort Avenue located in a B-1 zone. The provisions the Salem Zoning Ordinance which is applicable to the request for a Special Permit is section 5-3 Q), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent expansion of nonconforming lots, land, structures, and uses, provided, however, that such change extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests may be granted upon a finding by the Board that the grant of the Special Permit will promote the `,public health, safety, convenience and welfare of the City's inhabitants. The Variances which have been requested may be granted upon a finding of the 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 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 of the Ordinance DECISION OF THE PETITION OF KATI OLSON REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 153 FORT AVENUE B-1 page two The Board of Appeal, after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. The Petitioner Kati Olson appeared and represented herself at the hearing. 2. Plans were submitted showing the proposed project The Petitioner would like to expand the structure from a 1 story to 2 1h stories and construct a stair tower on the rear of the property - 3. In support of the petition was Shaun Clark of 141 Fort Ave., Ed Mederios of 41/2 Lowell Street, Jennie Ventura of 41/2 Lowell Street, Frank Pierce of 75 Columbus Ave. 4. Opposed to the petitioner's plans was Donald Moore of 155 Fort Avenue. He was opposed due to the size of the project would block out light to his property next door. He also has a problem with the parking issues. 5. Concerns were raised about the sewer lines at the property. The City Engineer was contacted after the last meeting about 151-153 Fort Ave On the basis of the above findings of fact, and on the evidence presented at the hearings 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 Ordinance would involve substantial hardship on the petitioner. 3. The relief requested 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 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions; 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 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. THE SPECIAOL POERM T FOR THOE PROPERTY LOCATED AT 153 ORT AVENUE B-ND page three 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. Petition shall obtain a Certificate of Occupancy shall be obtained. 7. Petitioner is to obtain approval from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board and the City Engineer. Special Permit & Variance Granted December 17, 2003 eph Ba eau 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. Oam OCT 0 6 2004 Board of Appeal r:by certify that 20 days have expired the date this instrument was received, .ha; NO APPEAL has been filed in this irueCo ( ( / JTEST. py CITY CC ERK, Saiem, Mass. CITY OF SALEM, MASSACHUSETTS CITY ; BOARD OF APPEAL OF I QK�(( SA 120 WASHINGTON STREET, 3RD FLOOR C(,ER-`'� OFF, E A 1 SALEM, MA 01970 C ,A TEL.+978 745-9595 � - FAX (978) 740-9846 OCT4' STANLEY J. VOR SOVICZ, JR. - C 1,] ^ DECISION OF THE PETITION OF GEORGE HOXHA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 151-153 FORT AVENUE 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 Chapter40A. The petitioner is requesting a Variance for lot area lot width, lot coverage,side, front and rear setbacks to subdivide his property located at 151-153 Fort Avenue located in an R-1 zone. e 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 seeks variances from lot area,lot width, lot coverage and from the setback requirements in order to subdivide his property at 151-153 Fort Ave. in the Salem Willows section of Salem. 2. Petitioner's property consists of two existing nonconforming buildings on a lot, that merged by operation of law in a previous ownership. One of the buildings is in residential use; in the other petitioneroperates:a store selling drinks and snack. ,Subdivision would allow petitioner to sell on of the properties as`a separate lot for use as a single-family residence:; DECISION OF THE PETITION OF GEORGE HOXHA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 151-153 FORT AVENUE R-1 page two 3. Petitioner brought a 1915 map showing a lot layout for his and the surrounding lots in which the two properties were initially separate lots. The board surmised the early layout showed small lots designed for summer cottages in the seaside park area. Now winterized for year-round use, petitioner's residential property is not out of keeping with the character of the neighborhood although it does not meat the zoning code's current lot size requirements. 4. Thee was no opposition to the proposed 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. 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. 4 Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. VARIANCE GRANTED OCTOBER 16, 2002 Nina Cohen, Chairman Board of Appeal C�, m —• o N 7C-1 w vi v D t n r- -ri r*; N ci 3 MZ � n I,g DECISION OF THE PETITION OF GEORGE HOXHA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 151-153 FORT AVENUE page three 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 N n_ O N n� r-� co-' c n1 uj on w r C)r— nM N f7' •• rn3 Jr D Willows Variety 153 Fort Ave Salem ,Ma 01970 1-978-744-1300 Date: 9/17/02 To whom it may concern, I George Hoxha (owner) have asked for the support within the neighborhood on the proposed variance needed and required to divide the said land located on 153-151 Fort Ave. The undersigned herein show their support for this matter. Sincerely, George Hoxha Name Address 0*7 17� � tte,tt # VYnu � r ;f' Thomas Stpierre From: Joe Nerden Sent: Thursday, October 03, 2002 1:00 PM To: Stanley Bornstein City of Salem (E-mail); Stan Bornstein Cc: Thomas Stpierre Subject: sewer service 151-153 Fort Avenue Stan, I've been to 151-153 Fort Ave at the request of Tom St.Pierre and the Zoning Board regarding a proposal from the owner of 151-153 to split the single lot into two separate lots. We do not have records of the sewer connection for these buildings but from what the owner has indicated and the site seems to confirm, the sewer service is combined serving both 151 & 153 as well as an additional house to the rear of the property noted. The owner of the property to the rear, listed as 4.5 Lowell Street, has no frontage on any street and we do not know where their sewer service ties to the City system at this point. House number 4.5 Lowell St. is down stream and combined with buildings 151 & 153 fort Ave. The owners of 4.5 Lowell St. have stated during the Zoning Board meeting for the proposed split of properties on Fort Ave that the experience sewer back-ups approximately every four years. -It is unclear if they want true relief or just want to make their neighbor spend money to separate the sewer services of 151-153 Fort Ave. from that of 4.5 Lowell St.. The verbal opinion I gave on-site during my meeting with the owner of 151-153 Lowell St and Tom St.Pierre was that the sewer service(s)were a private issue to be resolved by the two property owners. Currently there is not enou h information on the existing condition of the combined sewer services to recommend that they be separated. sugges ed that the owners hire a contractor to inspect, video tape and locate on the ground the existing services and that we would be willing to view the video tape for further guidance. It may not be necessary to separate the services if the combined service can be remedied at a lower cost to the property owner(s). We will not know this until further inspection is done by the property owners. There is also an issue of sufficient elevation from the buildings at 151 & 153 to the sewer main in Fort Ave. and whether its even possible to redirect the services to Fort Ave. This will serve as my written opinion for Tom and the Zoning Board. Should you feel differently provide me and Tom with your response/comments by replying to this email. Thanks, Joe Joseph E. Nerden Asst. DPW Director& Asst. City Engineer Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 tel. 978.745.9595 x321 fax. 978.745.0349 email:jnerden@salem.com 1