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5 PIONEER CIRCLE - ZBA 5 PIONEER CIRCLE 4 JOHN TREGGIARI I c ' Legal Notice „�y CITY OF SALEM Jti BOARD OF APPEAL ,rlt 745-9595 Eat.381 Will hold a public hearing for aRl persons interested in the petition sub-'; mitted by JOHN TREGGIARI, requesting a Variance from rear set- backs&Variance for accessory.build,y ing greater than 120 square feet for the property located at 5 PIONEER CIft- CLE (R-1). Said hearing to be held' WEDNESDAY, JULY 15, 1998 9T 6:30 P.M., ONE SALEM GREEN;? 2nd floor. i ei -Nina Cohen;'Chairmhgi'; (7/1,8/98) - (Ilii of "ittlem, IttsstttljusPtts ' poura kX 1D 3 22 P8 098 CITY OF SAL-, MASS DECISION ON THE PETITION OF JOHN TREGGIARI REQUESTING A VARLAXCZ ACE THE PROPERTY LOCATED AT 5 PIONEER CIRCLE (R-i) A hearing on this petition was held July 15, 1998 and continued to August 19, 1998 with the following Board Members were present: Nina Cohen, Michael Ward, Stephen Buczko, Paul Valaskagis and Richard Dionne. 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 the petitioner, John Treggiari, the Salem Board of Appeal voted 4-0, to grant leave to withdraw this petition without prejudice for a Variance from rear setbacks, Variance for accessory building greater than 120 square feet for the property located at 5 Pioneer Circle. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE August 19, 1998 �L Ronald Harrison, Member 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 August 13, 1998 Alice Chaput 7 Crescent Drive Salem, Ma, 01970 Mr. Kevin Goggin Building Inspector City of Salem One Salem Green Salem ,Ma 01970 Dear Mr. Goggin, I am writing in regard to the petition for a variance by Mr. John Treggiari for an accessory building greater than 120 square feet to be built on his property. My concern is that this proposed building is much larger than any shed currently on any property in the neighborhood. Should this be approved it could set a precedent for the neighborhood which in my opinion would change the context of the neighborhood. Any reasonably sized shed for storage would not constitute an"eyesore" in the neighborhood. In essence, I am against the granting of a variance for an accessory building the size of which is being proposed. I will be out of town the night of the meeting and therefore, am writing this letter for your consideration. C-) - c 4 -< C:- Thank you for your consideration. c _ , n= r— rn yrn _C Since ly, mrrnn rV go C 3 rn Alice Chaput DATE:: July 10, 1998 TO: City Of Salem Board Of Appeal FROM: John & Carol Orlando 6 Crescent Drive Salem, MA 01970 978-745-0989 Subject : Variance 18 " X 18 ' Building & Retaining Wall / Foundation On Property At 5 Pioneer Circle - Submitted By John Treggiari. On the date of the Public Hearing July 15,1998 both my wife and I will be away on vacation and not able to attend. This letter will express my views to the construction of the 18 ' X 18 ' Salt Box building to be built: at the rear of the property of 5 Pioneer Circle. I am opposed to the construction of the Retaining Wall / Foundation as being to close to my property line - ( Approx: 5 " ). This project is to be constructed on a 45 Degree slope and do to the contour being a 45 Degree slope / hill, I believe this construction of a retaining wall / foundation this close to my property will alter- the flow of water onto my property resulting with more water in my back yard and also water in my basement. I feel that broth the size of this building- 181 X 18 ' and the very higIr rear height of this project with the retaining wall / foundation should be moved up the hill to higher ground and closer to the. property owners house. At least 15 ' to 20" from my property line. Thank You: John Orlando �G%� _ � - _ n' Carol Orlando G+� /� O APPEAL CASE NO. . . . . . . . . . . . . . x ofttlPm, � ttss�zzlTusP#f$ �uurD u{ C�u�rPul TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: .—%.P.tQJASeRjCtKCL6Street; Zoning District. . . . . . . .R—L . . . . . . . . ; and said parcel is affected by Section(s). . . . . . . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. DIRECT APPEAL r" O t7 "' rn -o The Application for Permit was denied by the Inspector of Buildings for the following reason(s) : DIRECT APPEAL rn t_ c j N The Undersigned hereby petitions the Board of Appeal to vary ry the terms®A t �e Salem Zoning Ordinance and/or the Building Code and order the Inspector of B=difts to approve the application fee permit to build as filed, as the enforcemeatgofaid Zoning By-Laws and Building Code would involve practical difficulty o7 4=essary hardship to the Undersigned and relief may be granted without substantiaTlycirogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: Variance from rear setbacks, Variance for accessory building greater than 120 square feet Ovner.,6 TR'EyCGjA� . .. . . . . . . . Address.5. 4 .W..REJGR -CIMLE, . . . Telephone(57.8). 744 n.3Z447 . . Petitioner. .,JQA.YI Address. .) . `.�l2P ((//. G�_GP Date. . ��E .23.,�998 Tele-phJ�onee.�.�7,-. 7 --3. 07y.2_. . Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeal, Check payable to the Salem Evening News. Jun-23-48 03:30P DESLAURIER & ASSOC_ Inc_ 1+800+28> ttsau.� _ WaRcISTB'RED LAArD PB,E WuIWR - 107288 DCS HOOK: 5455 PAOR571 ATeoRNSY_ NI MNER. SANDERS k KRONE, LLP 07-4250 Pm BO= 104 PAGE tOi(B)•12 tENpa 000NTRYNIOE HOME LOAN _ INC. Km N1qmm 55 OF OiNBR• JOHN R. TREGCIARI REGISTERED LAND APP1.tCANY: SAME BECIBf TMT BG01L• PAGR� DAM 06/23/98 BCAt.& 1'=30 Cggrig or 711 a FLOOD HAZARD INPORMATION PUIPgymm. wr(3) PLOOD MAP C0101UNDT Fo: 250302 2AN8: C ASSESSORS MAP PAIRL. 00058 DATED: 08/05/85 YAP BLOCH PWM - MORTGAGE INSPECTION PLAN 5 PIONEER CIRCLE, SALEM, DSA �Ps• /F O DONNELL 4-1, � LOT 12 9,400 S.F. LOT 11 PRCPOOEO SIMID o" LOT 13 Tt� 6E REIN0'1E0 Q1gNEER Clft4 j. MO RTGAGE LENDER US9 ONLY THIS IS THE RESULT OF TAPE MEASUREMENT, NOT THE RESULT DFSpLALI�Ry-.IFRS OF AN INSTRUMENT SURVEY AND IS CERTIFlED TO THE T1TLE \��,,,�,��JJJJ INSURANCF COMPANY AND ABOVE LISTED ATTORNEY AND LENDER. & A-1�A1 E&NC, / f 10 Ilu o _ 405 03 fi , 109 :la X24 y 4000 N .° O / / r e V 108 M y 20 090 4860 `vS saO0 107e 1 /^\ //�� ///''' 4 Ln \ \ \7.7. / �n ^e/ J /%9, o0. \o moo B9 O sW9 , Gl X 03, '13 IA i co/ 3 �O U6 \ Oso O fj `4 sus oco I\/ s o9 ��T sae C \\ b ^ °" sg ,04 n6 CSS � \ b^ 9.1 TS s9p 4 TO F`pc^ e T° ^ y T'O a S O 6 TQ FO o s 9U FS „p ° 19 J? s2 0 / \ ' o 1> 1 gf�0t".1.1"/ ,rOOV �t".1.1" Ts 55 L— n J S0. . 5390 49 c O S° FiQ " B° S3j/ -534s�«-�a . vi L�os49 7 /9 f, 4 C) SS O 536, L-_j 52�I +F 00 76 L ^W 2 "5S4 ssSs ?SS 2`536 or' 'S0o a 51 B9 Os � e 7360 n 70 L� T° 'Z6,> 66 ^ So "o, bb M OOO�a TJ.s 4 2G0 °y ee fie`\ e000a•� T � 633 5� eme 9 `u y�7 Te i0 43 es 49 7226 ^ • l ti n 29 m 0027 5 TJ F 48 O0 %4 8 2 El m « Tee (/\\ DOTT b THIS IS THE RESULT OF TAPE MEASUREMENT,10ERTIFIED NOT THE RESULT i Si ii171"'U C OF AN INSTRUMENT SURVEY AND 1S CERTIATO N THE TITLE & �SOCLATE!�H i47 INSURANCE COMPANY AND ABOVE LISTED ATTORNEY AND LENDER. 111a... 130 WEST STREET, WALPOLE, NA 02081 THERE ARE NO DEEDED EASEMENTS IN THE ABOVE REFERENCED TEL:(800)287-8800 fAX.:(5O6)568-4512 DEED OR ENCROACHMENTS WITH RESPECT TO BUILDINGS SITUATED ON THIS LOT EXCEPT AS SHOWN. THE LOCATION OF THE DWELLING SHOWN DOES NOT FALL WITHIN tis OF A SPECIAL FLOOD HAZARD ZONE. ROBERT THE LOCATION OF THE DWELLING AS.SHOWN HEREON EITHER BISSOWNNETTB WAS IN COMPLIANCE WITH THE LOCAL ZONING BY—LAWS IN NO. 31 EFFECT WHEN CONSTRUCTED (WITH RESPECT TO STRUCTURALN SETBACK REQUIREMENTS ONLYI OR IS EXEMPT FROM VIOLATION ENFORCEMENT ACTION UNDER MASS. G.L. TITLE NI. CHAPTER 40A, SECTION 7. • GENERAL NOTES: (1) The declaration made above am on tM bads of my &WIN19a. Information. Old bdief w the result of o mortgage inspection tape sunny mode to the narmd standOd of erne of registered land surveyors pracUdng in Masmdluseft (2) 0edarnlians are made to the above named client only as of this date. (3) This Plan Was not mall far Neff ng PUMOM for use In preparing deed descripUons or for constructions. (4) VerfficOUQN of property Ole dlmelei m, bu94ing 0ffwt4 fc= or lot configuration may be oocamplWW only by an ac=te instrument surveys PETITIONER DATE OF HEARING 8 / .� l Ap LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND RO- CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUI NINA V. COHEN-- MICHAEL WARD— RONALD HARRISON !/ STEPHEN BUCZKO A RICHARD DIONNE ASSOCi.4TE MEMBERS PAUL VALASKATGIS ¢� CONDITIONS: c J 44 DATE OF HEARING PETITIONER 2/Z LOCATION MOTION: TO GRANT SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRrT DENY AMEND WITHDRAW RE-HEAR CONTINUE NINA V. COHEN MICHAEL WARD RONALD HARRISON STEPHEN BUCZKO RICHARD DIONNE ASSOCIATE MEMBERS / PAUL VALASKATGIS CONDITIONS: