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152 LORING AVENUE - BUILDING INSPECTION 152 LORING AVEM t�RG tQ331, o �` 9663[. $'esrcc 4 t1A6TlPlG�,�itd 191 �sPQ�a sf ooq c T Ire <41;v C* r v L MASSACHUSETCTp,; �; u LL�I. HA = APPEAL CLERK'S OFFICE TREET, 3RD FLOOR 1USETTS 01970 l� 78-745-9595 2005 JAN -4 P 37 S F40-9846 , APPEAL t; 9, 2005 6:30 P.M. ) WASHINGTON STREET F rrfafo requesting a Variance from Section 7 in the front yard for the property located -oa& Han Von Weiss requesting of Special ng non-conforming use to,another non I at 11 I Highland Avenue R-1' North Shore Technical High School vvv Thomas St. Pierre Proud Of Who We Are Salem Representative D1SGtj �� gs Compliments of Graphic Arts �CONIIIZ4 CITY OF SALEM, 1VIASSACCUSETTS �j. BOARD OF APPEAL 9F NINE 120�V.�<tuua�rouSnu�a>f � S:�t.est,\L�ss:�atusrrrt:�fJ197pT� m �_ n KI.wat:nI,FN'DitIscofa. '['ba.r.:979-745')595 ♦ Fns:973-'-10-98 6 t,�m cn NlLwolt December 5, 2013 a ,n Decision N City of Salem Board of Appeals Petition of FRANCISCO HERNANDEZ requesting a Variance from Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance to reduce the minimum depth of rear yard to allow for enclosure of an existing open, first-floor deck, for the property located at 152 LORING AVENUE (RI Zoning District). A public hearing on the above Petition was opened on November 20, 2013 pursuant to NI.G.L Ch. 40A, 11. `Che hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chau), Mr. Duffy, Mr. Watkins, and Mr. Tsitsmos (Alternate). The Petitioner seeks a Variance pursuant to Sec. 4.0 Dimensional Requirements of the Salem Zoning Ordinance. Statements of fact: 1. In the petition, date-stamped October 21, 2013, the Petitioner requests it Variance to reduce the minimum depth of the rear yard to 7.5 feet to allow for the enclosure of an existing open fust-floor deck. 2. Mr. Rod Rivera, designer, presented the petition for the property at 152 Loring Avenue (R1 Residential One-Family Zoning District). 3. Mr. Rivera stated that his client, Mr. Hernandez, had hired a contractor to enclose the deck. This contractor did not inform Mr. Hernandez of any requirements to seek relief from the Board of Appeals, and had completed the work in a substandard fashion. The Building Department issued it stop-work order, and the contractor had not returned Mr. Hernandez's calls, or any part of the money Mr. Hernandez had paid for the work. b[r. Rivera is now working with Mr. Hernandez to correct the problems created by the first contractor, and to seek the appropriate relief from the Board of Appeals. 4. Mr. St. Pierre, Building Inspector, stated that Assistant Building Inspector Michael Lutrzykowski ordered the work on the deck to be stopped, as there were several building code violations it) the enclosure and roof structure. 5. The Salem Zoning Code, Section 3.3.4 G iniance Required(under Nonron%ming Ujer ani(Shvautes) states that "... Me reiorsIniclior, extension, or stimlaral chaoge o%a nano%omiug s1maure in rn h a manner ar to ioOvelfe an ezisling noncan%ormity, or create a nets no ton%canna},. .rball requhr Me issuance of a emian<'e ..." The enclosure of the deck in this instance results in a new nonconformity, as the corner of the deck falls 7.5 feet from the rear lot line, which is closer to the rear Int line than the corner of the existing house, which falls 8.0 feet from the rear lot line. G. '['he requested Variance relief, if granted, would allow the enclosure of an existing first-floor deck within 7.5 feet of the rear property- boundary, which would fall short of the minitn in required reotr card depth of 30 feet. 7. :At the public hearing fol this perition no numbers of rhe public spoke in Livor or in opposition to the petition. t - •r City of Salem Board of Appeals December 5, 2013 Project: 152 Lorin,g Avenue Pale 2 of 2 'I lie Salem Board of ,Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petitions, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem "Zoning Ordinance: Findings: 1. The location of the house and attached first-floor deck on the lot is a unique condition. "Che north- west corner of the existing house lies within 8.0 feet of the rear lot line. The western side of the house is aligned at an angle to the rear lot Cine, such that the existing first-floor deck, which was constructed in a continuous line with the western side of the house, terminates at a point on 7.5 feet from the rear lot line. 2. 'file enclosure of the existing deck is a natural extension of the existing house. 3. The applicant is applying to the Board in good faith, in a situation that is not entirely of his own making. 4. The desired relief may be granted without substantial detriment to the public good. 5. The desired relief may be granted without nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning Ordinance. On the basis of the above statements of facts and findings; the Salem Board of Appeals voted four (4) in favor (bus. Curran — Chair, Mr. Duffy, Mr. Watkins, and Mr. Tsitsinos in favor) and none (0) opposed, to approve the Variance from the required minimum depth of rear yard, subject to the following terms, conditions, and safeguards: 1. 'Che Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be clone as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Hue Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. 7. Pcritioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Rebecca Curran, Chair Board of Appeals A COPY OF'f fffIS DECISION HAS BEEN FILED CCI'ITI PIE PL_ANNINC; BO_AILD.AND'IIfL CITI CLERK Ippeal/trim tbii deaiion, i%mi}•,i/joll be onrrle P!irwuu!to S edinn /7 of die d fauiadnielli Genend flooi CA Pler A).1, olid lb:r//Gz/i!eri i✓i/hut 10 days of filing of lbii derision iu Abe nf)ite o%Abe Citi, C/er.h. Purw ml la lbe AGi.mnhuwl;Genera/f arms Clmpler 4o, 1, .Ceaml //. the finnan'? or' .1'Peaal Pennil grained herein thrill not lake Pea fool a op) o%Abe deasiot beating die,zr1i1iw1e n/the(7/i,Clerk h,u been fib"d trill, Abe I I.ie.% Ya'ab Gi.aq o�Deed,. 01/24/05 MON 12:03 FAX- 9787445918 PURCHASING DEPT z 001 i CITY OF 5ALEM9 MASSAaMusETTIS ^ i PURCHASING DEPARTMENT 120 WASHINGTON STREET,3RD FLOOR 'i • SALEM,MAO 1970 TEL. (97B)745-9595 EXT. 331 r FAX.(979) 745-7461 AHILL®SALEM.COM STANLEY J. USOVICZ, JR. ALBERT C. HILL, JR„ PURCHASING AGENT MAYOR k4 FACSIMILE TRANSMITTAL SHEET u it V Y �I1 A 1 TO: /tet 5�n two fc FROM-20 2 0m 5 5 S /`� e,IYIP ' COMPANY: DATE f P FAX NUMBER `3 3s00 TOTAL NUMBER OF PAGES_ PHONE NlTdBER_ 1 RE:. SUBJECT: commENTS: ( Z ; I J t CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT all 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 Qopmy January 18, 2005 Mr. Richard M. Devitto 191 Spring Street Medford, MA 02155 (781) 866-1196 Dear Mr. DeVitto; This department sent you a letter in November of 2002 in which the complaint alleging the non- permitted third floor construction, at 152 Loring Avenue, was brought forward. Under the authority of the Massachusetts State Building Code, 780 CMR, Section 103; an inspection was requested and was required. At that time there was no response from you,nor were the requested inspections ever asked for by you. In the last two weeks both Tom St.Pierre and myself have gone through parts of this property, and both of us have seen multiple Code Violations in this building. You need to hire the services of a licensed Construction Supervisor,this due to the fact that you do not reside at this address, to oversee this work and to get the proper permitting for the same. You will also need to retain the services of both a licensed Plumber and a licensed Electrician to go through this property to identify and remedy any violations concerning these areas. Once the proper permitting,repairs,and inspections have been completed,you may then receive the approvals from Fire Prevention to proceed with your closing. We are willing to work with you to bring this property into code compliance,however,understand that there is no other alternative save compliance on these issues. Sincerely, 2 J eph E. Barbea ,Jr. Assistant Building Inspector CC: file, St. Pierre, Mayor's Office,Councilor O'Keefe January 18,2005 Mr. Richard M. Devitto 191 Spring Street Medford,MA 02155 (781) 866-1196 Dear Mr. DeVitto; This department sent you a letter in November of 2002 in which the complaint alleging the non- permitted third floor construction, at 152 Loring Avenue,was brought forward. Under the authority of the Massachusetts State Building Code, 780 CMR, Section 103; an inspection was requested and was required. At that time there was no response from you,nor were the requested inspections ever asked for by you. In the last two weeks both Tom St. Pierre and myself have gone through parts of this property,and both of us have seen multiple Code Violations in this building. You need to hire the services of a licensed Construction Supervisor,this due to the fact that you do not reside at this address,to oversee this work and to get the proper permitting for the same. You will also need to retain the services of both a licensed Plumber and a licensed Electrician to go through this property to identify and remedy any violations concerning these areas. Once the proper permitting, repairs, and inspections have been completed,you may then receive the approvals from Fire Prevention to proceed with your closing. We are willing to work with you to bring this property into code compliance,however,understand that there is no other alternative save compliance on these issues. Sincerely, Joseph E. Barbeau,Jr. Assistant Building Inspector CC: file, St. Pierre, Mayor's Office, Councilor O'Keefe CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR {Ac SALEM, MAO 1970 - TEL. (978)745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR November 8, 2002 Richard Devitto 152 Loring Avenue Salem,Ma. 01970 Dear Mr. Devitto: This department has received complaints about the number of people residing at your above-mentioned address. This complaint also alleges that the third floor was built out without any building permits. Under the authority of the Massachusetts State Building Code, 780.CMR, Section 103 an inspection is required. You are directed to contact this office upon receipt of this letter to arrange for an inspection. Thank you for your anticipated cooperation in this matter. Sincerely, U ��� Thomas St. Pierre Acting Building Commissioner cc: Mayor Tom Phillbin Councillor Driscoll Citp of 6aIem, Aam5arbugettg 114 Office of t1jr (Cite Council Cicp Derr' . . . COUNCILLORS-AT-CAGE WARD COUNCILLORS; 7.'..:7; ' ..f-PRESIDENT * LAURA A.DeTOMA' `'�"-�' ' J' ''`DEBORAH'E. BURKINSHAIN2001 ,SCOTT A.LaCAVA THOMAS H. FUREY' :+ - CITY CLERK - - - REGINA R.FLYNN KEVIN R.HARVEY JOAN B. LOVELY ARTHUR C.SARGENT III LEONARD F.O'LEARY KIMBERLEY L. DRISCOLL SARAH M.HAYES September 18, 2001 FILE COPY JOSEPH A.O'KEEFE, SR. Mr. Richard M. DeVitto 152 Loring Avenue SALEM MA 01970 Re: 152 Loring Avenue ri Salem MA Dear Mr. DeVitto: The above captioned property you recently purchased is an owner/occupied two- family dwelling located in a Residential 2 zoning district. I have learned that the Salem Police Department responded on September 130i, 200.1' 1 , 'to an incident at your dwelling house`involving a male tenant who is a student at Salem State College. The police arrested this student. Lhave already contact Salem State College'regarding this students alleged'disorderlyconduct. ; The Salem Zoning Ordinance allows for-unrelated individuals to reside together provided that a group of three 3 or more persons who are not within some degree of kinship shall not be deemed to constitute as family', Salem Zoning Ordinance Article 11, Sec. 2-2(b). Thus, there should be no more than two (2) persons, unrelated, living together. I have reason to believe three(3) or more Salem State College college students, not related, reside on the second and third floor of your dwelling house classified by the City of Salem as a two-family dwelling. I attempted.to call you at your home to discuss this matter but was told by Verizon your phone number is not published. Please contact me so we may discuss this issue. Respectfully, / d7seA. O' eefe r. Councillor Ward 7 28 Surrey Road SALEM MA 01970 Home phone 978-744-1884 P/c Mr.John D.Keenan,Esquire,Salem City Solicitor Mr.Thomas St.Pierre,Local Building Inspector Cite of 6alcm, fHa,,5arbu!5ett!5 r 3pub[it Prnpertp Mepartment �3uilbing 33epartment One*alem Oreen (976) 745-9595 Ext. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 30, 1999 Kevin Muldoon 152 Loring Avenue Salem, Ma. 01970 RE: 152 Loring Avenue Dear Mr. Muldoon: This letter is to inform you that the fence that was recently added to your property violates the City of Salem Zoning Ordinance, Section 7-19. 1 have enclosed a copy of the Ordinance. Please contact this office after receipt of this letter to inform us as to your course of action in this matter. Thank you in advance for your cooperation in this matter. Sincerely, Thomas St. Pierre Assistant Building Inspector cc: Councillor Mark Blair CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MAO 1970 a-c" TEL. (978) 745-9595 EXT. 380 s FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR November 8, 2002 Richard Devitto 152 Loring Avenue Salem, Ma. 01970 Dear Mr. Devitto: This department has received complaints about the number of people residing at your above-mentioned address. This complaint also alleges that the third floor was built out without any building permits. Under the authority of the Massachusetts State Building Code,780 CMR, Section 103 an inspection is required. You are directed to contact this office upon receipt of this letter to arrange for an inspection. Thank you for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayor Tom Phillbin Councillor Driscoll