20 VALLEY STREET - ZBA 20 VALLEY .STREET 0-1.)
,JOHN KARAMETSOPOOLOS
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CITY OF SALEM - MASSACHUSETTS
ROBERT A.LEDOUX Legal Department JOHN D. KEENAN
City Solicitor 93 Washington Street Assistant City Solicitor
508-741-2111 Salem, Massachusetts 01970 508-745-7710
May 1, 1997
Salem Board of Appeals
c/o Building Inspector's Office
One Salem Green
Salem, Massachusetts 01970
Attention: Gary Barrett
Dear Gary:
I enclose herewith a copy of the Judgment from the Superior Court in
connection with the Georgelas matter. As you can see from this Judgment the sideyard
was modified by two feet and everything else remained the same.
If you have any questions, please do not hesitate to call.
Very truly yours,
ROBERT A. LEDOUX
City Solicitor
RAL/leh
Enclosure
File #9448.13
Oa/1J/195i 05: 32 61i59£�1150 P96E 02
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, S.S. SUPERIOR COURT
CIVIL ACTION NO. 95-0623
CYNTHIA A. GEORGELAS and )
PETER J. GEORGELAS, )
Plaintiffs )
V, ) JUDGMENT
STEPHEN TOUCHETTE, ARTHUR )
LABREQUE, GARY BARRETT, NINA )
COHEN and ALBERT HILL, as they )
are the Board of Appeal of the )
City of Salem and JOHN )
KARAMETSOPOULOS, )
Defendants. )
)
After hearing, it is hereby ordered, that the decision
of the City of Salem Board of Appeals dated February 15, 1995
is hereby modified as follows:
The petition is granted subject to the following
conditions:
1. Petitioner shall comply with all city and state .
statutes, codes, ordinances and regulations.
2 . All construction shall be done per the plans and
dimensions submitted, except that the location of
the structure shall be modified so that the right
side yard shall be eight feet at least .
3 . All requirements of the Salem Fire Dept. relative to
smoke and fire safety shall be strictly adhered to.
4 . Petitioner shall obtain a building permit prior to
beginning any construction.
S. A Certificate of Inspection is to be obtained.
6. Petitioner states that no blasting is required for
construction of a foundation.
7_ Petitioner shall not store any building materials
overnight within the 8-foot sideyard between the
dwelling and the property of the abuttors, Cynthia
and Peter Georgelas, during construction.
tJJ/1J/1597 t35: 3£ 61759E�1190 P"5E 03
8 . Petitioner shall allow the abuttors, Cynthia
Georgelas and Peter Georgelas, access onto his
property to make repairs to existing damage to the
existing fence on their property line only after
notifying John Karametsopoulos and receiving his
permission.
9 . Petitioner shall be liable for any damages caused by
Petitioners actions to the Georgelas ' property
during construction.
By the Court:
Allen van Geste , Ju ge
f�itn ofulem, ttss�ciTusetts
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MASS
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AMEMDMENT TO THE DECISION OF 20 VALLEY STREET
DECISION ON THE PETITION OF JOHN FARAMETSOPOULOS FOR VARIANCES AND SPECIAL
PERMIT AT 20 VALLEY STREET.
A hearing on this petition was held February 15, 1995 with the following
Board Members present: Stephen Touchette; Chairman, Arthur Labrecque, Gary
Barrett, Nina Cohen and Albert Hill. 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, owner of the property, is requesting a Variance from side and
rear setback, lot size, lot frontage and a Special Permit to remove a
non-conforming existing dweiling located at 20 Valley Street. The property
is located in an R-2 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , 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 or 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.
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.
_"':ENDMEST TC THE D:.CIS-ON OF 20 VALLEY STREET
ECiS- .. OF THE FETITICN OF HN KARAMETSOPOULCS FOR A SPECIAL PERMIT
.ND VARIANCE AT 2C VALLEY STREET. `.,LEM
Page two
;. Desirable relief may he 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, cakes the following findings of fact:
1 . Ward 4 Councillor, Leonard O'Leary spoke in opposition to the petition.
?. Cynthia and Peter Georgelas of 22 Valley Street spoke in oppositon to
the petition.
3 . George Psomos of 2 Malm Avenue spoke in opposition to the petition.
4. Board Member, Arthur LeBrecque spoke in opposition, stating to many
violations.
Jn 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.
:'herefore, the Zoning Board of Appeal voted 4, in favor and 1 opposed, to
grant the relief requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
1 . All construction shall he done per the plans and dimensions submitted.
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
Petitioner shall obtain a building permit prior to beginning any
construction.
ADMENDMENT TO THE DECISION OF 20 VALLEY STREET
DECISION ON THE PETITION OF JOHN KARAMETSOPOULOS FOR VARIANCES :.ND SPECIAL
PERMIT AT 20 VALLEY STREET.
page three
5 . A Certificate of Inspection is to be obtained.
o. Petitioner states that no blasting is required for construction of a
foundation.
Special Permit and Variances Granted
February 15, 1995
Albert C. Hill, Jr.
Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANT 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 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
I
N/F
JOSEPH TINA
MAP 14 LOT 263 JOSEPH M. PIEMONTE SALEM , MASSACHUSETTS
S 350.01'0.01E MAP 14 LOT 262
5PLAN OF LAND PREPARED FOR:
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MAP 14 LOT 253 -p w JAMES P. GEORGELAS GRAPHIC SCALE
MAP 14 LOT 255 20 U 10 20 +0 w
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( IN
Z GARAGE TO BE REMOVED 1 inch = 20 ft
__ & TWO (9'x19') PARKINGS
' TO BE CONSTRUCTED
LOT 559 900
4935 SF jK
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NAIL
7 (found) (found)
50.00' 50.00' L
N 31'03'16" W X 64.68'
VALLEY STRErET
R1 ZONING DISTRICT (ESSEX COUNTY LAYOUT)
MIN AREA 15,000 SF
MIN FRONTAGE 100'
MIN FT YARD 15'
MIN SIDE YARD 10'
MIN REAR YARD 30'
R94-082