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Legal Notice
d CITY OF SALEM
a BOARD OF APPEAL
745.9595 Ext 381 r
r- Will hold a public hearing for all
persons interested in the petition sub-
f milled by DEAN BORDERS requesting'
Ea Special Permit and relief from lot
size,front,side and rear setback to
reconstruct a single family home for
the property located at 272 Jefferson
Avenue R-2.Said hearing will be held
on Wednesday,October 19, 2005 at
6:30 P.M.,120 Washington Street,3rd t
0oor,Room 313.- y
Nina Cohen
( (10/5,12) Chairman
i
t
r
CITY OF SALEMv MASSACHUSETT!91 i" ur ,z
ALEM. MA
BOARD OF APPEAL
CLERKS OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 �p «�
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 NO DEC -1 A 10: 3
MAYOR FAX: 978-740-9846 5
DECISION ON THE PETITION OF DEAN BORDERS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE R-I
A hearing on this petition was held on December 1,2005 with the following Board
Members present;Nina Cohen, Richard Dionne, Steven Pinto,Bonnie Belair and Robin
Stein. 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 per Section 8-4(2)to rebuild a demolished
structure and Variances from lot coverage, lot size, front,side and rear setbacks and from
the limitation of one principal use on lot for the property located at 272 Jefferson Avenue
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 structures 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 plane,makes the following findings of fact:
1. At 272 Jefferson Ave in Salem, Petitioner Dean Borders owns a 5000 sf lot with
two principal structures: a four-story multifamily house and a one and a half story
single family house. The buildings are dimensionally nonconforming and
nonconforming as to the existence of 2 principal uses on one lot; the Building
Commissioner has deemed the property grandfathered in this R-I zone as to both
dimensional nonconformity and use.
2. The two structures belong to a condominium association consisting of four
ownership units in the larger house and a fifth unit in the single family. The four
units in the larger house have been transferred to new owners and are occupied.
All unit owners were present at the zoning meeting.
C'CERK'S OFFICE
A ;
ffoyffims—REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AV) WC -l Alp: 35
page two
3. At some time in spring 2005,Mr. Borders or his agent demolished the single
family house and removed all parts of the building above the foundation, except
one or more side walls. Immediately following the demolition,the Building
Commissioner issued a Stop Work Order barring any further wok at the site. The
basis for the Stop Work Order was Mr. Border's failure to secure zoning relief
or to undertaking g the demolition.
4. Mr. Borders stopped work on the site and sought relief from this Board to rebuild
the single family house on the property.
5. This petition was first heard by the Board of Appeal on October 19,2004,but was
continued to November, at which time we agreed to hear the petition at a special
meeting on December 1, 2005.
6. Kevin McGrath,an abutter at 3 Arthur Street,testified that following the
demolition and stop work order, in violation of state and local building codes,the
demolition site was left unattended and open,and building debris was not
removed from the property. Mr. McGrath testified that he became aware that
electrical service to the demolished single family house was not disconnected, and
he strenuously objected to this safety hazard.
7. Members of the condominium association confirmed Mr. McGrath's testimony
regarding the open site,building debris and electrical hazard. When Mr. Borders
failed to install a safety fence at the request of the condominium association, they
undertook to install a fence at their expense. They also secured a rider to their
liability insurance policy to cover occurrences on the site resulting from the
demolition and subsequent abandonment of the property.
8. All four unit owners expressed concern the Mr. Borders would be unable to
complete construction of the single family house appropriately. The owners
objected to any increase in the size of the proposed dwelling, either in the
footprint of the building or its height including the addition of any side or rear
porches. The unit owners described Mr. Borders as unresponsive to their calls and
concerns.
9. Echoing the community reaction, Ward Councillor Jean Pelletier stated that he
opposed the grant of any variances to this property on the grounds that Mr.
Border's track record as a developer manifested his inability or unwillingness to
address legitimate safety and other concerns of the neighbors.
10. Addressing the neighbor's concern, William Quinn, Esq.,representing Mr.
Borders,apologized for his client's failure to comply with zoning and building
codes, which he stated was due to inexperience. Mr. Borders is anxious to finish
building a single family house on the footprint of the house that was originally on
this site, and regrets inadvertently exposing neighbors or condo owners to
dangerous conditions.
11. Mr. Borders offered to commence rebuilding the demolished house by contracting
with an experienced licensed construction supervisor, and he undertook to
complete construction within 5 months.
\' Ci I " Cr ; r-
-�LLi i.
CLERK 'S OFFIC
DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A
'--"V E FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE
page three 1005 DEC -I A IC
On the basis of the above findings of fact,and on, the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
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 in favor and 0 in opposition to grant the
Variances requested,subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance,codes and
regulations.
2. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, including but not limited to the Planning Board.
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. A Certificate of Inspection shall be obtained.
6. All construction shall be done according to plans submitted to and approved by
the Building Commissioner,with plans to be amended to reduce the size of the
second floor by eliminating the outside deck adjacent to the parking area and
setting the second floor back an additional four(4)feet from the property
line shared with the McGrath family. The amended plana and new
construction cannot exceed the footprint or height of the demolished
structure
7. Petitioner shall hire and use at all times an experienced construction supervisor
licensed to work in the City of Salem to oversee construction and both petitioner
and construction supervisor shall be responsible for ensuring that all building
practices on the site comply with state and local laws and regulations. Petitioner
shall submit executed contract with the supervisor to the Building Commissioner
when applying for a permit.
S. Work shall not be conducted between the hours of 5:00 p.m. and 8:00 am. the
following day,or any time on Sundays or Holidays.
SALEM.
L [ M
CLERK'S OFFICE
DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE
page four 2055 DEC -1 A 10.
9. All reasonable actions shall be taken to minimize the negative effects of
construction on unit owner and abutters.Advance notice shall be provided to
other unit owners and abutters at least 72 hours prior to commencement of
construction,and 24 hour advance notice shall be given both verbally and in
writing to the McGrath family'of any work to be conducted within ten-feet
(10')of the McGrath property;
10. The construction site shall be lift in a clean condition free of dust and debris at the
end of each day;
11. Construction vehicles shall be removed from the site at the end of each day;
12. Petitioner shall require his contractors not to interfere at any time with the ability
of the resident unit owners to access or use their parking spaces on the property.
13. The conditions shall be enforced by the Department of the Building
Commissioner, and any violation identified by him which is not cured to his
satisfaction after notice to the Petitioner, shall be grounds for the Building
Commissioner to stop the work at the site,and upon his request, shall be sufficient
cause for this Board to revoke this approval.
14.Petitioner shall initiate the construction within 30 days after this approval
becomes legally effective, shall conduct the work diligently and continuously,
shall complete the work within five months after beginning it,unless extreme
weather conditions cause delay and then only upon application to the
Building Commissioner for a specific additional tie for completion.A
Certificate of Occupancy is required prior to occupancy of the unit.
15. Petitioner shall indemnify and hold harmless the condominium association and
each member thereof for any and all liability arising out of damage to property
ration or to a to individual
held in common by the condo assoc damage property.
16. Petitioner shall reimburse within 30 days of demand any additional expense
incurred by the condominium association as a result of his actions or inactions
arising from the demolition and stop work order, including without limitation
legal fees up to$1,000.00 and the cost of additional insurance premiums incurred
by the condominium association.
17. Petitioner through his counsel shall revise the condominium documents to reflect
the changes to the condominium documents resulting from the reconstruction and
shall be solely responsible for the costs of such revision and of recording same on
the condominium deed and master plan.
DECISION OF THE PETITION OF DEAN BORDERS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 272 JEFFERSON AVENUE R-1
page five
18. Petitioner shall submit revised plans for the single family house to the
condominium association for approval and comment by the members prior to
applying for a building permit to begin construction.
VARIANCE GRANTED
DECEMBER 1,2005
Nma Cohen, Chairman�S'CrC_,
Board
of Appeal
PPe
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 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
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TO: Salem Board of Zoning Appeals
120 Washington Street
Salem, MA 01970
I am writing to inform you of my support of the application of Mr. Dean Borders
for zoning relief that will allow him to complete his project at 272 Jefferson Avenue,
Salem by reconstructing the two-story dwelling at the rear of the property at
272 Jefferson Avenue, Salem,MA.
Thank you for your consideration.
Very truly yours,
Date:
ame
x
Address
TO: Salem Board of Zoning Appeals
120 Washington Street
Salem, MA 01970
I am writing to inform you of my support of the application of Mr. Dean Borders
for zoning relief that will allow him to complete his project at 272 Jefferson Avenue,
Salem by reconstructing the two-story dwelling at the rear of the property at
272 Jefferson Avenue, Salem, MA.
Thank you for your consideration.
Very truly yours,
Date:
Narde
Address