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7 VICTORY ROAD - ZBA (2) V �C �� b�I ' / �`� ��1 �U I Legal Notice) 1, ` da CITY OF SALEM tht BOARD OF APPEAL Ci 978.74"595,Ext 361 iii will hold a public hearing for all per- thl sons interested in the petition submit- W, ted by DENNIS&GAIL FLYNN seek- isd ing an Administrative Appeal of the Building Inspectors'decision for the I property located at 7 VICTORY ROAD ty the R-2. Said hearing will be held on der' WEDNESDAY,DECEMBER 15,2004, ciall at 6:30 P.M., 120 WASHINGTON A STREET,3rd FLOOR,ROOM 313, Nina Cohen A dt Chairman (12/1,6) (1.. i I __ J CITY OF SALEM9 MASSACHUSETTS CITY OF SALEM. MA r • BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 1' STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ',lOOU DEC 2O P I2' I M MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF DENNIS&GAIL FLYNN REQUESTING AN - — -- ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 7 VICTORY ROAD R-1 A hearing on this petition was held on December 15,2004 with the following Board Members present:Nina Cohen Chairman, Richard Dionne, Bonnie Belair,, Edward Moriarty and Nicholas Helides Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Appeal of the Building Inspectors decision for the property located at 7 Victory Road. The Board of Appeal, after carefid consideration of the evidence and after reviewing the plans at the hearing, makes the following findings of fact: 1. Attorney James Flemming presented the appeal. 2. Reference was made to the petition that was granted in June of 2004 for increase in the size of the dwelling from 4.5 to 7.5 rooms. 3. Attorney Flemming stated that the home continues to be a single family use with one doorbell and I mail box meeting the definitions under the code for single family. 4. Attorney Flemming made reference to plans submitted in June of 2004 being sketchy with little interior detail and being unrepresentative of the work that was actually performed. 5. Attorney Flemming stated that the Building Inspector had made the rough inspection and observed the counter level electrical outlets, and did not stop the work or note an issue. 6. Board member Attorney Moriarty reviewed definitions of both single and multi family dwellings and noted that the zoning code must be viewed in the entirety and therefore the subject is defined as a multi-family based on that definition. 7. Board member Bonnie Belair inquired if the work was completed as per the plane. Discussion requiring the labeling of the room that has been completed as a kitchen labeled in the plans as a"great room". Additional discussion concerning the verbal exchange at the June of 2004 meeting when it as alleged that the petitioner represented that there would only be one kitchen in the dwelling. The allegation was disputed. The June meeting was recorded. 8. Building Commissioner Thomas St. Pierre presented his findings as follows: a. He has viewed the situation in its totality. b. The plans submitted at the June of 2004 petition did not show a kitchen. J CITY OF SALEX,MA CLERK'S OFFICE DECISION OF THE PETITION OF DENNIS &GAIL FLYNN REQUJP?A A P 12: 14 ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 7 VICTORY ROAD R-1 page two Submission of plans without identifying kitchen areas is in violation of state building code. c. Newly created separate egresses exist. d. Two separate housekeeping units have been created through the additional kitchen and separate egresses. 9. Albert and Ruby Hill of 4 Larkin Lane spoke in opposition to the creation of a two-family property in an R-I zone and did not want a precedent set by allowing it to remain in place. 10. Property owner Dennis Flynn presented the following: a. Original plans showed a"great room"because they did not know at the time how they wished to use the space. b. The exterior appearance remains the same as a single family. C. Building Inspector did not mention the issue at the rough inspection. d. Building Inspector saw the counter level electrical outlets. 11. Building Inspector St. Pierre stated that his notes from the rough inspection noted the issued and he in fact did bring the issue up at the time advising the owner that a second kitchen would be an issue. 12.Abutter David Reardon of 5 Victory Road stated his support for the owner. 13.Neighbor Mr. Willets of 3 Victory Road stated his support for the owner. 14. City Councillor Joseph O'Keefe stated his support for the owners and further identified the need to clarify the ordinance. 15. Owners of 5,6,12 & 11 Victory Road stated their support for their neighbor. 16. City Councillor Corchado noted that the only opposition that has reached his is from Mr. &Mrs. Hill. She state her belief that we should abide by the Zoning Ordinance as it stands now. 17. Attorney Quinn suggested that conditions be considered to accommodate the situation given all the support from the neighbors. 18. Owner of the subject property, Robert Pelletier stated that his is in favor of a lien or other conditions that would accommodate the situation. 19. Board Member Moriarty stated that the definitions in the code clearly identify the subject in its present condition to be a multi-family dwelling. i CITY Or SFl -MA CLERK S aE DECISION OF THE PETITION OF DENNIS& GAIL FLYNN REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 7 VI TTOpyIr I ROAD R-1 10% DEC U page three Therefore, base on the fact and on evidence presented,the Board make a motion to uphold Building Commissioners' Thomas St. Pierre decision for the premises at 7 Victory Road with a vote of 1 in favor and 4 to deny the petitioners appeal. ADMINISTRATIVE RULING DENIED December 15,2004 / p Nicholas Helides,Member Board of Appeal J A COPYOF 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 unit a copy of the decision bearing the Certificate of the City Clerk that 20 days have elapsed an 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.