103-105 LORING AVENUE - BUILDING INSPECTION 103-105 LORING AVENUE
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PENALTY 1F,PRIVATE
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III,IIIIIIIIJIJIIIIIIIIIIIIIIIIIILILIJIIIIIIIII
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
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ARTICLE
P 921 991 850
UNE i.
Steven Vasile NUMBER
415 Atlantic Avenue
Marblehead, Mass. 01945
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435 Atlantic Avenue- - a�
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TitU of §aIrm, Maiwar4usetts
public Jlrayertg t�epnrtment
Nuilbing Department
(Ont t3alem (5reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 19 , 1995
Steven Vasile
415 Atlantic Avenue
Marblehead, Mass . 01945
RE : 103-105 Loring Avenue
Dear Mr. Vasile:
The City of Salem Board of Appeals has denied your
request for a Variance to allow continued use of the
existing third floor apartment at the above mentioned
property at a hearing on October 18, 1995 .
You will be given 45 days to vacate the apartment .
If more time is required you must submit a request in
writing to this department and state the reason for
needing the additional time.
After the apartment has been vacated you must call my
office so we can inspect said premises to acknowledge
that the City of Salem Board of Appeals decision has been
enforced.
If this office can be of any further help , please do
not hesitate to call .
Sincerely, n
Leo E . Tremblay licer
Zoning Enforcement
LET: scm
cc: David Shea
Tom Keough
Councillor Blair, Ward 7
Certified Mail # P 921 991 850
�yR
` City of �%Irm, Massar4usetts
Pub it Propertp i3epartment
Nuitaing i9epartment
(One Salem (6reen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 19 , 1995
Steven Vasile
415 Atlantic Avenue
Marblehead, Mass . 01945
RE : 103-105 Loring Avenue
Dear Mr. Vasile :
The City of Salem Board of Appeals has denied your
request for a Variance to allow continued use of the
existing third floor apartment at the above mentioned
property at a hearing on October 18, 1995 .
You will be given 45 days to vacate the apartment .
If more time is required you must submit a request in
writing to this department and state the reason for
needing the additional time.
After the apartment has been vacated you must call my
office so we can inspect said premises to acknowledge
that the City of Salem Board of Appeals decision has been
enforced.
If this office can be of any further help , please do
not hesitate to call .
Sincerely, _
Leo E . Tremblay
Zoning Enforcement Ifficer
LET: scm
cc: David Shea
Tom Keough
Councillor Blair, Ward 7
Certified Mail 11 P 921 991 850
(fit" ofttlem, CttssttclTusetts
Bourb of Au}teul
,
DECISION ON THE PETITION OF VICO AVIN_ _REQUESTING_A
VARIANCE FOR THE PROPERTY LOCATED AT-103-105 LORING AVENUE " i��2);'; SS
i
A hearing on this petition was held October 18, 1995 with the
following Board Members present: Stephen Touchette, Chairman; Gary
Barrett, Nina Cohen, Albert Hill and Associate Member Arthur
LaBrecque. 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, located at 103-105 Loring Avenue
requesting a Variance to allow the continued use of the existing
third floor apartment.
The Variance which has 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.
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 at the hearing, makes the following findings of facts:
1. The property is a legal two family dwelling and an illegal third
floor apartment has been in existence for a period of years at
least since the late 1980's when the petitioner purchased the
property.
2. Ward Seven Councillor Mark Blair, opposed the petition because of
concerns for parking and density to the neighborhood.
3. The subject property is located in close proximity to the busy
intersection of Loring Avenue, Jefferson Avenue and Canal Street.
4. Petitioner submitted a petitioned singed by 10 neighbors stating
that they had no opposition to the petitioner's request for
relief.
5. Petitioner submitted a plan showing 5 parking spots, 2 in a
garage, 2 immediately outside the garage and one along the
driveway going to the rear of the building.
6. Mr. Tremblay, the Building Inspector expressed an opinion that
there was insufficient clearance for a car to exit the garage
DEC,ISiC.`.' OF THE PETITION -'F :ICO .'dIN REQUESTING .. . .RIANCE
FOR THE PROPERTY LOCATED AT 103-105 LORING AVENUE � P-2 !
page r,:o
if there were vehicles parked outside the garage, and
therefore felt there was inadequate parking.
Petitioner had listed the property for sale with a realtor,
listing it as a 3 family dwelling.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the
subject property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted unanimously, 0-3 in opposition
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
Variance Denied
October 18, 1995 �1
Gary Barrett
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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 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
(rO PLAINTIFF'S ATTORNEY: Please Circle type of Action Involved: —TORT— MOTOR VEHICLE TORT —
CONTRACr —EQUITABLE RELIEF— OTHER.)
COMMONWEALTH OF MASSACHUSETTS
r ESSEX,ss. SUPERIOR COURT
`o CIVIL ACTION
a No. 95 'fir/I r l
e �lr C d A-Or 1 IY/ !;-OP%At 2�R te........... ..... ................ . Plaintiff(s)
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6 r _l ..O.... .F�..P.....a_F... A.p P E L ................. . Defendants)
�Flevr, /Y1css UI�7 �
a 0. SUMMONS
t= To the above named Defendant:
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04
You are hereby summoned and required to serve upon ..............................................................................................
®pthe
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plaintiff's attorney, whose address is ..1-, . 2L .I�LTl..C.--..¢�( -M. �7. answer to me
o ` complaint which is herewith served upon you, within 20 days after service of this summons upon you,exclusive of the
$ � day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the
complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at
0
........................................................ either before service upon plaintiff's attorney or within a reasonable time thereafter.
$ � Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may
have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's
e m claim or you will thereafter be barred from making such claim in any other action.
3
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0 3
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I >° WITNESS, Robert A. Mulligan, Esquire, at Salem, the
f `o day ofin the year of our Lord one thousand
CA� F-wj!t' dred an ninety-
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5 a Clerk
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NOTES: i
I. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure.
2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each
defendant,each should be addressed to the particular defendant.
•
Office d30
CONWNWFALIH OF MASSACHUSEI S
ESSEX, SS SUPERIOR COURT
NO.
Vitd VIA/ ( y4si Lz SIr✓e%V)
d
Plaintiff )
t '
VS
Defendant
COMPLAINT FOR JUDICIAL REVIEW
In Connection with Denial for Appeal of —1-0 7-N
1. This is a Caplaint seeking Judicial review pursuant to G.L. C. 30A Sec.14.
2. Plaintiff Vioy MiA) is a resident of the Ca[monwealth of
Massachusetts and lives at: <i/S / AaU 17G Rn E Ai9 i2.Q 1- E1-f
— i
3. Defendant /�0i462b OF lgffP64L has its office at:
4. Plaintiff is aggrieved bya Decision of Defendant(s)
DiSC67M- .4-rV�QV :A-LSE �4- fAPe iaJFfl/c'MA-dch/
iN W6i7idt)Ga 7-0 `Tf/r /30i}0Q6& of r�P�i'CAL. J? 4
OF -17-efl'�CS i�L) CQU2
(2)
,Plaintiff appeal is based on an assertion that the Defendant Board finding was: **
(fill in appropriate line)
A. Not supported by substantial evidence because:
b. Contrary to law because
C. In excess of authority because
D. Based on unlawful procedure because
OPIn violation of Constitutional Standards because 0;7y 00010 1 LO/Z MARX /3Lq
C-40SG Di50eiMiN/1717RtY 2=6 E �rALSE "t4FVV2Meq-r�cw -/-V7i/E 1-t-1 Rb4p-
OArbitrary and capricious because 77,114.7- iq/fc6tJEgJCE rtlE ME7M,ZC-Ws ppc,
V O� f��A.'st1 Si /1 t� �PPEi9r_ . 7-0
Wherefore Plaintiff requests the following relief: (fill in) /U(�
TD C-,r=1- /1fOG✓4E:S7- /9-tob 77'W77/ ��VS�G+✓ ^,e.30V� /
�E� 'f7OGJ
NAME V ,,C c7 �1 l GJ
ADDRESS y /S +77— 4-Af 7 'C— iN-J iE.
TELEPHONE ? 63 ►-�s B
DATED 19
**INDICATE BRIEFLY YOUR REASONS.
Trial Court of Massachusetts a DOCKET"uAER
CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT
PLAINnFF(S)
DEFENDAMIs)
y i CO ,A Vp Si c sT�V 5A cC-wt a opgk6 of Rrp EA L
ATTORNEY(S)�RM NAME,ADDRESS AND TEL) ATTORNEY
Board of Bar Overseers # (Required)
Place an ® in one box only:
ORIGIN CODE AND TRACK DESIGNATION
�'-•%�
L03.
Original Complaint
Removal to Sup. Ct. c231, s. 104 (F) ❑ 4. F04 District Ct. Appeal c231, s. 97 (X)
Retransfer to Sup. Ct. c231, s. 102C (X) ❑ 5. F05 Reactivated after Rescript Relief from
judgmentlorder (Mass. R Civ. P. 60 (X)
❑ 6. E10 Summary process appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side)
CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE?
❑ No
i
1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions)
/3042l� COQ APP(,AL GAVE 7;�/E ,Q�SC/�i�rt D5-GiSIOAJ
U/✓,P�op 77/E �F)9LSE -� 9�-A�IeE S747-E/KE�JT Gig ✓ NBt/ CCL)AlCi'L-VIC
I
2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, )
MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY
WOULD EXCEED $25,000:
3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING
IN THE SUPERIOR COURT DEPARTMENT.
A/ 4-
G
NATURE OFA/7/�ORNEY OF R OR PLNNTIFF
Y /Kp�� DATE ,
• . .
0 6ti- 3 C 9
DISPOSITION REcErvED
AM
A. Judgment Entered B. No Judgment Entered
❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District BY:
❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, DAA
❑ 3. After jury verdict 5.1020.
DI ION ENTERED
❑ 4. After court finding Disposition Date
By
❑ 5. After post trial motion
GATE:
J 6 lc 005-6/91
CHU of �ulem, �RassarlluBetts
3 �9 Boura of Au}tettl
76
CJS'- 1457
DECISION ON THE PETITION OF VICO AVIN REQUESTING A ,•, ", '
VARIANCE FOR THE PROPERTY LOCATED AT 103-105 LORING AVENUE
••r
A hearing on this petition was held October 18, 1995 with the
following Board Members present: Stephen Touchette, Chairman; Gary
Barrett, Nina Cohen, Albert Hill and Associate Member Arthur
LaBrecque. 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, located at 103-105 Loring Avenue
requesting a Variance to allow the continued use of the existing
third floor apartment.
The Variance which has 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.
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 at the hearing, makes the following findings of facts:
1. The property is a legal two family dwelling and an illegal third
floor apartment has been in existence for a period of years at
least since the late 1980's when the petitioner purchased the
property.
2. Ward Seven Councillor Mark Blair, opposed the petition because of
concerns for parking and density to the neighborhood.
3. The subject property is located in close proximity to the busy
intersection of Loring Avenue, Jefferson Avenue and Canal Street.
4. Petitioner submitted a petitioned singed by 10 neighbors stating
that they had no opposition to the petitioner's request for
relief.
5. Petitioner submitted a plan showing 5 parking spots, 2 in a
garage, 2 immediately outside the garage and one along the
driveway going to the rear of the building.
6. Mr. Tremblay, the Building Inspector expressed an opinion that
there was insufficient clearance for a car to exit the garage
DECISi,1 : OF T7 = P°TIT'_ON OF ViCO .:VIN' REQUESTING .=_ 'iARIANCE
C FOR THE PROPERTY LOCATED AT 103-105 LORIN'G AVENUE ?- )
page two
if there were vahicles parked outside the garaee, and
therefore felt there was inadequate parking.
Petitioner had listed the property for sale with a realtor.
listing it as a 3 family dwelling.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the
subject property and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted unanimously, 0-5 in opposition
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
Variance Denied lcF� CC-C"-�
October 18, 1995
Gary Barrett
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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 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
of 19tt1Em, ttssttrl�uPtts
> f'o Public Prupertg Department
Nuilbing Department
(One 23ntem (6reen
500-715-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer November 27 , 1995
Steven Vasile
415 Atlantic Avenue
Marblehead, Mass . 01945
RE : 103-105 Loring Avenue
Dear Mr. Vasile :
Thank you very much for your response to the letter
dated on October 19, 1995 regarding the above mentioned
property. An inspection was conducted and found all
violations corrected.
This office will notify all the appropriate
departments and the Ward Councillor that this situation
has been brought to a satisfactory conclusion .
Sincerely,
Leo E . Tremblay //
Inspector of Building
LET: scm
cc: David Shea
Tom Keough
Councillor Blair, Ward 7