5 LEAVITT COURT - BUILDING INSPECTION l
5 j VITT COURT
F
�T CITY OF SALEM, MA
Titu of "§ttlPm, 'MassadjusettiLERK'S OFFICE
� �RnttrD of '�\Fpezzl
• 4Vwn
1999 JAN 26 A 9: 29
DECISION OF THE PETITION OF JOHN P. VASILIOU REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 5 LEAVITT COURT B1
A hearing on this petition was held January 20, 1999 with the following Board Members
were present: Nina Cohen, Ronald Harrison, Michael Ward, Stephen Buczko and
Stephen Harris. 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.
At the request of Attorney George Atkins, who represented the petitioner, the Salem
Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice for a
Variance from required parking and use of the premises as a three unit dwelling for the
property located at 5 Leavitt Court.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
January 20, 1999
Nina Cohen
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 owners Certificate of Title.
Board of Appeal
Citp of 9palem, 'A1a!5garbU5ett5
Public Propertp Department
3Buitbing Department
One Salem(green
(976) 745-9595 text. 360
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
January 7, 1999
John P. Vasiliou
45 Dale Street
Swampscott, Ma. 01907
Re: 5 Leavitt Court
Dear Mr. Vasiliou:
An inspection of the exterior of your building clearly indicates that a significant amount of
construction has been done on your property. No permits have been pulled for any of
this work.
You are directed to contact this office to arrange a complete inspection of your property.
Failure to respond will result in legal action being taken against you. Thank you in
advance for your anticipated cooperation.
Sincerely,
Thomas St. Pierre
Assistant Building Inspector
cc : Al Viselli
Citp of 9palem, '41a5.qatbU!5ett!5
Public Prupertp Mepartment
3guiCbing Mepartrnent
One&atem Oreen
(978) 745-9595 Cxt. 350
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
February 2, 19999
John P. Vasiliou
45 Dale Street
Swampscott, Ma. 01907
RE: 5 Leavitt Court
Dear Mr. Vasiliou:
As a result of a recent inspection of your property located at 5 Leavitt Court by Peter
Strout, Building Inspector, Thomas St. Pierre, Assistant Building Inspector and yourself
the following violations were noted;
1. A third floor apartment has been created without the benefit of any permits.
2. An addition was constructed without any permits.
3. Vinyl siding done without permits.
It is this departments opinion that the work done illegally should be removed.
Please respond within ten (10) days upon receipt of this letter to inform us as to your
couse of action in this matter.
Failure to do so will result in legal action being taken against you in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Assistant Building Inspector
rHUVtH I T I.U. UttU&MISC. PROPERTY ADDRESS RECORD-OWNER AS OF JAN I -PRIOR OWNER
i : ,�26 II.M.1,439.OQ aofi P.AOD._--0005 -LEAVITT COURT5; x. .
0353 PiWE' 6" 4 GWOWNER VASILIOU JOHN .? 416 + - �2
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.-001 YEAR—1997 _ DID NAME-- _ ... _ OL7.=q---5,p.
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002 w. .104 on n 45 DALE STREET DB
- 002 003 ST,w 4380 012 ADD. SWAMPilrOTT MA 11 1, m
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L 6p. O.U. 2 013 PRIOR OWNER: 020 MULTL2p1E
02T 259
uLO.UNO VAL 53029
1850 Dn ATTIC: BUILT-INS: PORCHES(Cont.): STRUCTURE: BEDROOM DATA: PROPERTY DATA: %LCC.AUL.
1 962 0]D NO.RK4. 41 000 HOOD FAN -- IN MODE _ 'M FNDI - 4_200 DOR BSMT. ._215 HIST ORT. -....:_....... _. Y1] %PHY.loI.-
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IARY STRUCTURE: HOUSEI IND .fl% ,IIIAREA110 UNF.FL 210 NyIEW 225 - ':fi I%'JEL
1WS MATOP031 ] 2_1]1 171 PINE FL ^I: NFPO. 226 �?IRAGE3
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FOR an c IIB auALm ,5a NEW OWNER:
ANG PERMIT DATA: 1 2 3 OWNER
2a1 249 257 NAME
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IL gal 251 259 ADD.
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'LETE 245 25] 26,
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`November 29,1999 11:58 AM From: Fax#: Page 2 of 3
FROM STRUCTURES NORTH FRX NO. 9787456067 Nov. 29 1999 11:44iiri P1
RUGUAB
N0 M
CONSULTING
ENGINEERS,
November 29, 1999 INC,
D. L Cote Builders
7 Winter Street
Salem, MA 01970
Fax: 745-9723
Attention: Dee Cote
Reference: 5 Leavitt Street Court
Salem, MA
Dear Dee:
On Friday, November 19, 1 visited 5 Leavitt Street Court in Salem to observe the condition
of a'foundation that is part of an enclosed stair addition at the southeast corner of an
existing three-story wood framed apartment house. I had requested that a test pit be dug
along the bottom of the foundation to expose the foundation's bearing conditions. This had
been completed by the time of my visit.
The following is a summary of my observations:
• The addition consists of a four-story enclosed stairwell that serves each of the living
units, one at each level. The exterior walls appear to be wood framed, however, the
framing was hidden by finishes at the time of my visit. The stair and stair landings are
of wood construction. The first floor of the addition is wood framed, presumably over
a crawispace, and tiled.
• The exterior walls along the south and east sides of the addition generally follow the
lines of the south and east exterior walls of the house, the addition filling in what
appears to have been an alcove in the southeast corner of the structure between the
main house structure and a rear ell.
• The addition is bounded on the east side by an asphalt paved driveway, which runs
along the east side of the house, and on the east side by a narrow, unpaved area
between the apartment house and the rear fence of the property.
• The foundation of the original house is of stone and brick construction with a full
basement. The foundation of the addition is cast-in-place concrete of unknown
thickness and the partly bowed plywood forms that were used to form the foundation,
were left in place and are presently visible.
P.O. Box 8560/192 Essex Street•Salem,Massachusetts 01.971.
Voice(978)745.6817•Fax(978)745-6067
info@structures-north.com
\November 19,1999 11:58 AM From: Fax#: Page 3 of 3
FP.CM STRUCTURES NORTH FW NO. : 9787456067 Note, 29 1999 11:45RM P2
From the test pit it was evident that the foundation had been constructed on top of the
asphalt pavement and did not penetrate the ground in any way. In Massachusetts, the
Building Code requires that foundations be constructed a minimum of 4'-0" below
exterior grade in order to be below frost action. At locations where new foundations
are constructed along adjacent, deeper existing foundations, the new foundations
should be constructed as deeply as the original foundations where the two abut,
especially where a basement exists on the opposite side of the adjacent foundation.
0 Inside the addition, I also noted that the handrails/guardrails of the stairway did not
meet code due top the lack of sufficient spindles. The lateral stability of the
handrails/guardrails should also be checked.
Based upon what I have seen, it is Gear that the foundation of the addition is insufficient.
The foundation should be underpinned in a sequential manner to the proper depth with
new concrete in had-dug pits. Some shoring and/or bracing of the existing structure's
foundation and of the addition may be necessary during this work, which will involve
temporarily undermining the addition and exposing of the original foundation. This work
is of a complexity that will require sketches produced by a Registered Structural Engineer
and the work should be performed by a licensed contractor.
Appropriate improvements should also be made to the stairway.
Please note that this investlgation only included those items that were readily visible at the
time of the inspection and which we were retained to observe. We cannot take
responsibility for any other conditions that may also exist but which were undetected
during our investigation.
Please contact me if you have any questions.
Respectfully yours,
John M. Wall PE, President
Structures North Consulting Engineers, Inc.
2
Nnvember 29, 1999 11:58 AM From: Fax#: Page 1 of 3
Fax
Date: Monday, November 29, 1999 Time: 11 :58 AM
To: Peter Strout
Company: City of Salem B.I.
Fax Phone #: x7409846
CC:
From: D.L. Cote'
Subject: 5 Leavitt St Court
Total # of Pages (including cover): 3
Mem® . Peter,
Please refer to the accompanying document from Structure North. Do
you want me to have them provide sketches of the work to be
performed? You can page me at 508 426-7022 or call 745-9723.
Thank You!
D.L.
If all pages were not received, please call back immediately:
745-9723
CITY OF SALEM. HA
of ttlpm, ttssttr $'Pt 07FICE
3OQ Pourb of �Arpeal
1999 ppa 23 A 10. 314
DECISION ON THE PETITION OF JOHN PL VASILIOU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT COURT B1:71
A hearing on this petition was held April 19,1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Michael Ward and
Paul Valaskagis. 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 Special Permit for alterations of an existing nonconforming
structure by enclosing outside stairs, extending the stairs to third floor and roofing over
the stairway for the property located at 5 Leavitt Court B1.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 0), 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 Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of 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, guided by
the rule that a Special Permit request 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.
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
stuctures 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, and
after viewing the plans, makes the following findings of fact:
"CITY <F SALEM. NA
CLE-,-,,S'S OFFICE
DECISION ON THE PETITION OF JOHN P. VASILIOU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT C099 WR 23 A 10: 3U
page two
1. The petitioner, John P. Vasiliou is the owner of the property located at 5 Leavitt
Court. The petitioner was represented by his son Peter Vasiliou.
2. The petitioner seeks special permit for alterations of an existing nonconforming
structure by enclosing outside sides, extending the stairs to the third floor, and
roofing over the stairway for the property located at 5 Leavitt Court.
3. The subject property is located in a B-1 District.
4. The petitioner was represented by Salem Attorney George W. Atkins III.
5. Attorney Atkins indicated that construction at the site had been performed with out
obtaining a building permit and the required Special Permit for the work. Attorney
Atkins also stated that the petitioner was under vigorous enforcement by the
Building Inspector.
6. Attorney Atkins stated that the petitioner wanted to comply with the Zoning
Ordinances and therefore was requesting a Special Permit for the work, which
had been performed. Attorney Atkins further stated that the petitioner would be
willing to perform any changes deemed necessary by the Building Inspector to
bring the structure into compliance with the building code.
7. Attorney Atkins stated that the building was to be used a two family dwelling.
8. Mr. D. Cote, the petitioner's building contractor, indicated that he would work with
the Building Inspector to insure the structure was brought into compliance with the
Building Code.
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 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.
Ci T Y OF SALEM. Mi
CLERK'S OFFICE
DECISION OF THE PETITION OF JOHN P. VASILIOU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT COURT B1 Iggq APR 23 A 10:
page three
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 statues, codes ordinances and
regulations.
2. All construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer.
3. All requirements of the Salem Fire Department Felative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. The petitioner will comply with all requirements deemed necessary by the Building
Inspector to bring the structure into code.
Special Permit Granted
April 19,1999 _n
Stephen Buczko
Board of Appeal
f OF SALEM, MA
CLERK'S OFFICE
DECISION OF THE PETITION OF JOHN P. VASILIOU REQUESTING A gTRQIp123 A 34
PERMIT FOR THE PROPERTY LOCATED AT 5 LEAVITT COURT 61
page four
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 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 the 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
APPLICATION E& ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAINT ❑ JUVENILE District Court Department
❑ ARREST EX HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within Salem District Court
defendant, charging said defendant with the offense(s)listed below.
DATE OF APPLICATION DATE OF OFFENSE I PLACE OF OFFENSE 65 Washington Street
3/10/99 1 1199 5 Leavitt Court Safem,MA.01970
NAME OF COMPLAINANT
City of Sales Building Department NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT '
One Sales Green t. No permits applied for 780 CHR
Salm, Ma. 01970
_.. 2 AftUM]p 01? Ttie Sales
NAME,ADDRESS AND ZIP CODE OF DEFENDANT Zoning
John P. Vasilion -.
45 Dale Street 3.
Swampscott, Ms. 01907 a
COURT USE I A hearing upon this complaint applicationATE OF HEARING TIMEOF HEARING COURT USE
ONLY will be held at the above court address on T ONLY
CASE PARTICULARS — BE SP CIFI
'N NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY 'TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
t person assaulted,etc. destroyed,etc. $250.: Marijuana,gun,etc.
1
2
3
4
OTHER REMARKS: Defendant during summer month of 1998, has an addition added to his
property and created a third apartment. All work was done without
permits, inspections or a review of local zoning.
«X /G�Lr21 0�f Lr.�,
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACEHEIGHT WEIGHT EYES HAIR
OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
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DC-CR2(188)
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CITY OF SALEM HEALTH DEPARTMENT 8 3 AM
BOARD OF HEALTH RECEIVED
9 North Street CITY OF SALEM,MASS.
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
November 26, 1991
John °r JoAnn Buckley
5 Leavitt Court .
Salem, MA 01970
Dear Mr. &Mrs. Buckley:
This office-has-received a complaint regarding unregistered vehicles abandoned on your property
locatedat 5 Leavitt Court in the City of Salem Massachusetts. An on-site inspection was conducted on
November 13, 1991 by Juli orsberg, Sanitarian with the Salem Health Department.
Two unregistered cars were noted parked near the house. Please note that these abandoned cars
constitute an illegal dump site as defined in M.G. L. Chapter 111, Sections 150A and 150B. Please
cause the cars to be either removed or registered.
The complaintant further stated that the number of apartments in the house and the number of
occupants in the apartments may exceed zoning requirements. Please be aware that the number of
apartments.per building and the number of tenants per apartment are regulated through the City Zoning
Department. Please be further aware that the City of Salem Certificate of Fitness Ordinance, by which
apartments are mandated to undergo inspection prior to occupancy. A review of our files indicates that
no Certificate has ever been issued on your property.
Please contact this office for further information regarding the Certificate of Fitness Ordinance.
FOR THE BOARD OF HEALTH REPLY TO
Robert E. Blenkhorn, C.H.O. Julie E. Forsberg
Health Agent Sanitarian
JEFBAS
cc: Zoning Department
Citp ofiaYettt, ag�ac�ju�ettg
flettriral : artment
3paul Al. Tuttle 44 lafapette Street
Citp electrician fialem, AZI 01970
Tel 978-745-6300
_fax 978-745-4638
JULY 27,2000
MR.JOHN VASILIOU
45 DALE STREET
SWAMPSCOTT,MA. 01907
RE:5 LEAVITT COURT
DEAR MR.
PLEASE BE ADVISED,YOU HAVE NOT MADE ANY ATTEMPT TO CORRECT THE DE-
FECTIVE SERVICE CABLE AND METER SOCKET AT THE ABOVE ADDRESS.THIS IS AN UN-
SAFE CONDITION AND COULD RESULT IN A ELECTRIC FIRE OR SOMEONE RECEIVING AN
ELECTRIC SHOCK.
YOU HAVE FIVE DAYS TO CORRECT THIS VIOLATION OF THE MASS.ELECTRIC
CODE OR THE ELECTRIC SERVICE TO THIS PROPERTY WILL BE TERMINATED.
ALL WORK SHALL BE DONE BY A LICENSED ELECTRICIAN WITH A PERMIT
FROM THIS OFFICE.
` YOURS TRULY,
oa4;7e ,14
PAUL M.TUTTLE
CITY ELECTRICIAN
REGULAR MAIL+CERTIFIED MAIL P30 58518'70
CC: MAYOR STANLEY J. USOVICZ,JR.
SARAH M.HAYES,COUNCILLOR WARD 6
BUILDING INSPECTOR
HEALTH DEPT
FIRE PREVENTION
PMT.LETTERS
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