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217-221 LORING AVENUE - BUILDING INSPECTION t 7'117_921 LORING�AVENUE 11 ? f a. RVV ROBERT J. SWAJIAN & ASSOCIATES, INC. INSURANCE ADJUSTERS ( 161 SOUTH MAIN STREET lQ� MIDDLETON.MA 01949 TELEPHONE(508) 777.1400 1%0 vl FAX(508)777-22SS FORM OF NOTICE OF.CASUALTY LOSS TO BUILDING UNDER MASS. GEN. LAWS, CH. 139, SEC 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectman a�5 SAME ADDRESSES RE: Our Fiie N , 2 `7 U� Insured: �u K-,) I = Location: . i 7 _ Z, 5; Z, Date of Loss: z ./ s_ s S S Policy Number: ;2 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1,000.00 or cause Mass, Gen Laws. Chapter 143 Semon 6 to be applicable. If any notice under Man n =ws, Chanter 139 Secrion 3B is appropriate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss, and claim or file number. ADJUSTERS TITLE: Y On this date, I caused copies of this notice to be Sent to the persons named above at the addresses indicated above by first class mail. ADJUSTER DATE u- ., 1 Citp of *alem, AA!6gaCbU.5Ptt,5 Public Propertp Mepartment r� �uitbing Mepartment One&atem Oreen (978) 745-9595 (fat. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 20, 1998 John Velardi 221 Loring Avenue Salem, Mass . 01970 RE : 221 Loring Avenue Dear Mr . Velardi : This office has received a complaint concerning the storage of lobster traps on your property. This use is not permitted in a R-1 residential district per City of Salem Zoning Ordinance. The lobster traps must be removed within thirty ( 30 ) days or court action will be filed against you in Salem District Court . Please call upon receipt of this letter to inform me of your intention in this matter. Thank you in advance for your anticipated cooperation in this matter . Sincerely, �l Leo E. Tremb Zoning Enfor ment Officer LET: scm cc : Health Department end �N ��o� SrZ \-44�d1t9N �wa�l� AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE'DEPF APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICT MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INS[ 1.FOUNDATIONS OR FOOTINGS. CERTIFICATE OF OCCUPAN( 2.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FI 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT BUILDING INSPECTION APPROVALS PLUMBING INSP 1 2 2 BOARD OF HEALTH GAS INSPEC 1 OTHER CITY ENGINEER 2 WORK SHALL NOT PROCEED UNTIL THE FAS RMIT WILL BECOME NULLA INSPECTOR HAS APPROVED THE VARIOUS T STARTED WITHIN SIX MOP STAGES OF CONSTRUCTION. NOTED ABOVE. - y' ra ,3 r' ;}r9 i f11E as7 ,q fll� iQ ��tarwn[n�O xtin � l' 1�ti 1 I . U� CITY OF SALEM HEALTH DEPARTMENT^ .','`AEU BOARD OF HEALTH at Salem, Massachusetts 01970 CITY 01` [ ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT 16171 741.1800 February 29, 1988 John Velardi 221 Loring Avenue Salem, MA 01970 Dear Sir: In accordance with Chapter III, Sections 122, 123, 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an Inspection was made of your property at 217-221 Loring Avenue, Salem, Massachusetts, occupied by Tenants and Owner. This inspection was conducted by A.R. Mineo and R.E. Blenkhorn, C.H.O. Salem Health Department, on February 25, 1988 at 11:30 a.m. Findings: Articles used for lobstering such as traps (±450) and buoys are being stored at this location. The traps are located against and above the height of the fence in the rear of 217-219 Loring Avenue. A numerous amount of birds are nestering/feeding within these traps. The buoys are being stored under the rear porch of 221 Loring Avenue. The above situation is conducive to objectionable conditions such as odors, and the breeding and infestation of insects, birds and rodents. Based on the heavily congested residential area and the close proximity of the abutting properties this condition is a nuisance to the immediate area. You are hereby Ordered to remove the above mentioned from your property within 60 days of receipt of this notice. Failure to comply with said order will result in court complaint being sought againts you in Salem District Court. 410.602: Maintenance of areas Free from Garbage and Rubbish (A) Land. The owner of any parcel of land, vacant or otherwise shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage , rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel of its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupants. 4 �._ SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 w� John Velardi Page 2 February 29, 1988 Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court . Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. . FOR THE BOARD OF HEALTH REPLY TO ROBE T E. BLENKHORN, C.H.O. ANTHONY R. MINED, HEALTH AGENT CODE ENFORCEMENT INSPECTOR REB/m cc: Felix Kulik, 9 Cleveland Road, Salem, MA 01970 William Munroe, Zoning Enforcement Officer, One Salem Green, Salem, MA 01970 Gerard Kavanaugh, City Planner, One Salem Green, Salem, MA 01970 IL r '7 F.A. Kulik 9 Cleveland Rd. Salem, MA 01970 Board of Appeals City of Salem City Hall Salem, MA 01970 December 24, 1987 Dear Sirs: It is requested that Mr. John W. Velardi of 217-219 Loring Avenue be required to immediately comply with the terms of the variance granted to him by your Board on November 12, 1986. In its wisdom, the Board required that Mr. Velardi lay crushed stone throughout the parking area at the rear of his property. In defiance with this requisite, Mr. Velardi has paved the greater portion of this area, adversely affecting the drainage characteristics of the surrounding area. As a result, I have experienced a water problem in the basement of my home. Your prompt attention to this matter is most appreciated. Very truly yours, ; F.A. Kulik Copy to: Building Inspector Board of Health v 'JI y PEC ?d _ tJ CI P1'_CC11"r rrcF. pI'QSS F.A. Kulik 9 Cleveland Rd. Salem, MA 01970 Board of Appeals City of Salem City Hall Salem, MA 01970 December 24, 1987 Dear Sirs: It is requested that Mr. John W. Velardi of 21.7-219 Loring Avenue be required to immediately comply with the terms of the variance granted to him by your Board on November 12, 1986. In its wisdom, the Board required that Mr. Velardi lay crushed stone throughout the parking area at the rear of his property. In defiance with this requisite, Mr. Velardi has paved the greater portion of this area, adversely affecting the drainage characteristics of the surrounding area. As a result, I have experienced a water problem in the basement of my home. Your prompt attention to this matter is most appreciated. Very truly yours, F.A. Kulik Copy. to: Building Inspector Board of Health tt ��.CON Of�b of �$ttlrni, Assar4usdto Public Propertp Department +�o, � �Illuilitinq 3Urprtrtruent Mur -4�alrni (6reen 71i-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. Leclerc, Plumbing/Gas Insp. January 5, 1988 John W. Velardi 217-219 Loring Avenue Salem,MA 01970 RE: 217-219 loring Ave. , Salem,MA Dear Sir, After receiving a complaint to this office, it has come to our attention that you are in Violation of the Variance Terms concerning your property located at 217-219 Loring Avenue. Your request to divide the parcel of land at said address was granted under certain conditions relating precisely with the construction of a driveway at the rear of the building. Please contact this office within seven (7) days of receipt of this letter. Failure on your part to comply within the specified time will result in a complaint in the Salem District Court . Sincerely, .. //�� u -irn CJ v .David J. Harris mrn G0 Assistant Building Inspector-q< -_- DJH/eaf co . cn cs:i C.C. Ward Counciloro" City Solicitor Bill Toomey { Titg of ttiem, [ttgsttc uaetts Poara of �ypzal DECISION ON THE PETITION OF KENNETH PROVENCHER FOR A SPECIAL PERMIT AND VARIANCE FOR 217-219 & 221 LORING AVE. A hearing on this petition was held January 15, 198 with the following Board Members present: James Hacker, Chairman; Messrs. , ofter3as41L l ' rrand Associate Members Bencal and LaBreCque. Notice of the heari¢¢��was sen t� b�Bters and others and notices of the hearing were properly pu5'ti-Aed in the Salem Evening News in accordance with Massachusetts General .Law Rappter 40A. Ct<� $U-Fii.MA Petitioner, owner of the premises, is requesting a re-affirmation o�' a Variance , and Special Permit which was granted in 1983 allowing parcel of land to be divided into lots 16 and 18 in this R-1 district. Lot 16 containing an already existing three family dwelling and a single family dwelling to be constructed on lot 18. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, 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 VIII F and,IX D, 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, extenstion, enlargement or expansion shall not be substantiall 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 Board of?Appeal, after consideration of the evidence presented at the public . hearing and after viewing the plans of the property makes the following findings of fact: 1 . Petition is requesting clarification of previous decision by the Board of Appeal dated April 20, 1983; 2. No major opposition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed use of. the property will not be substantially more detrimental to the neighborhood than the existing use; 2. The proposed use of the property will promote the health, safety, convenience and welfare of the City's inhabitants; ' DECISION ON THE PETITION OF KENNETH PROVENCHER FOR A SPECIAL i PERMIT AND VARIANCE FOR 217-219 & 221 LORING AVE. , SALEM page two 3. The proposed use of the property is in harmony with the Salem Zoning Ordinance; 4. The setback of the three family dwelling from Lot _18 is a condition which especially affects the land in question but does not generally affect the zoning district in which the land is located; 5• The condition just described causes special financial hardship to the petitioner; p 6. The desired Variance may be granted without substantial detriment to the public good. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit and Variance requested under the following terms and conditions: 1 . Petitioner may divide the property into two parcels, one containing 6,220 square. feet (lot 18) and one containing 5,920 square feet (lot°16) ; 2. Petitioner may keep the existing structure on lot 16 within five (5) feet of the northernmost property line of lot 18; 3. Petitioner must obtain a Certificate of Occupancy and Use prior to the recording of the plan submitted to the Board; OPetitioner may never build or construct a driveway within sixteen (16) feet of the northernmost boundary of lot 16; 0 Petitioner must lay crushed store throughout the parking area at the rear of the existing three (3) family structure; 6. This decision to allow the continued use of the three family dwelling will be in effect so long as the petitioner or his heirs continue to own or reside in the adjacent single family dwelling (lot 18) or so long as the three family dwelling is owner occupied; OPetitioner must limit parking on lot 16 to three (3) spaces, no such space to be less than sixteen (16) feet from the northernmost boundary of such lot; 8. Petitioner must landscape the northwest corner of lot sixteen ( 16) ; 9. Petitioner must obtain a Certificate of Compliance prior to recording said plan. SHALL DE MADE PURSUANT TO SECTION 17 OF THE,/gates B. Hacker, Chairman VV4L C!1A.PIER 83S, AN'9 SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FiLIN 1.7 "GIiS E CIS!ON Iti THE OFFICc OF THE CITY CLERK. F ^.sAM TO ',:ASS. GENERb: ��Yc�'ET�� i�R)HtH I.A��R ��4.P PF4TH THE PLANNING BOARD AND THE CITY CLERK i 2!..'':T Ep F.1-K:N. SHALL NbT T,.''E EFFECT UNTIL A COPTOF THE DEC!CION, BE;:F:N THE :ERT. F'' :%T: N LF THE CITY CLERt TF.'AT 20 DAYS HAVE ELAPSED AND NO APPEAL HAE SEE.: FI'_ED, ::I: inF.T, !F SC.4 AN APPEAL HAS EEEH FILE. THAT IT HAS BEEN DISI5ISSED OR DLI;IE!: IS _ RiCCnt:ED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE N;�:,iE OF THE OWNER OF RECORD OR IS RECORDED AILD NOTED ON THE OWNER'S CERTIFICATE OF TITLE. CnADn nr ecorm DATE OF PERMIT PERMIT No. OWNER LOCATION 6/15/83 I 269 Kenneth Provencher 221 Loring Ave. R-1 STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OFFAMILIES WARD COST single family 1 ( 7 45,000 BUILDER Construct single family dwelling. Board of Appeal decision 4/20/83 (check file under 219 Loring Ave. BOARD OF APPEAL: 1 /15/86 - Granted reaffirmation of amended decision which was granted April 20, 1983. (see file under 217-219 Loring Ave. CERTIFI CATE OF OCCUPANCY ISSUED 10/25/83 DATE OF PERMIT PERMIT No. OWNER LOCATION �— 4/1/49 134 I N. F. Maitland /1- 219 Loring Street STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES I WARD COST BUILDER Convert 2 family into 3 family dwelling. 10/14/81 4411 (Owner) Kenneth Provencher) Install woodburning stove. HOARD OF APPEAL: 4/20/83 - GRANTED - Special Permit. and Variance to divide parcel of land into Lots 16 & 18,. neither lot having the required square footage, in order to construct a single family dwelling on lot 18, the existing three family structure remaining on lot 16. Variance also granted from setbacks on lot16. BOARD OF APPEAL: 1 /15/86 - Granted reaffirmation of above decision granted 4/20/83 Pocket 11, Folder 4 BOARD OF APPEAL: 11/12/86 - punted - modification of previous special permit & variance. Chu-gad condition # 6 to read: allayed continued use as 3 family as long as petitioner, heirs or assigns continue to am or reside in the single family or as long as three family is caner occupied. Cf � ✓177er e C ✓ gPPROY& UDDER TME SIJBDIVIS19N• I I/icfo /a Lo Po/,? `e locas.o ,C��ik CONTROL LRW NOT REGUIRED SALEM PIRNNING BOARD 3 ��`• — LOT /4 °p r g.5,920' S _ LOCOS I/JAP LOT le 5CAI E= /"- 2000' q=G,220'S.F �TedeT/ch ✓ I r— ^/0'fASfMfNT �- �ifha� 177 ! Cc or/FY TD,4r TN/S PL4N 7"v RULES AND REOULAI-IONS OF TLIE 2/7 'O G/srERs of OEf 09. F04 REC/9rPY uSE ONLY - S6.13 `^ .�. 5 5' 54.43 SPI 6-M PRLPq RID FoR KENNETH R. PRDUMCHER NOTE- TNI:5 PZRN COMP/(ED FROM SCgLE /'T 20 — OCT 24,1985 PCq,VS qND DEEDS of RECORD RAID R PARTIAL FIELD SURVEY, VO ESSEX SLIRVE y SERV/CE, /NC. /B/ ESSEX Sr,QEEr - SALEM, MASS. LAW OFFICES OF GEORGE P. VALLIS ONE CHURCH STREET �Q SALEM. MASSACHUSETTS 01970 Jt`�� 2 1 ( ht 8(}!J 16171 745-0500 CITY GF a L = ,!f.ASS. GEORGE P.VALLIS JOHN G.VALLIS January 20, 1988 William Monroe, Building Inspector Building Department One Salem Green Salem, MA 01970 Re : Special Permit and Variance 217-219 Loring Avenue, Salem John Velardi , Owner Dear Mr . Monroe: Please acknowledge this letter as an attempt to clarify a problem that has arisen regarding the terms and conditions of the Special Permit and Variance granted to Kenneth Provencher on April 20, 1983 , in the above-captioned matter . Particular reference Is made to paragraph 6 which states that "Petitioner must lay crushed stone throughout the parking area at the rear of the existing 3 family house" . This office represented the petitioner at that time, Mr . Kenneth Provencher . It is my clear recollection that the stated condition was Included as the result of the concerns of the abutter , Mr . Arthur Birmingham, who opposed the petition claiming that If the petitioner hot-topped the back yard , as he had originally planned , a runoff problem would have been created . I believe the Board Imposed that condition in order to avoid the potential problem. It is my understanding that nothing has been done by either Mr . Provencher or the present owner , Mr . Velardi , in changing the cover of the back yard . The Intention and purpose behind that condition was to prevent any further hot-top being Installed In the rear yard . If I can be of any further assistance to you in this matter , please let me know. Very r iu s , GPV/cac GEORE LIS CC : Mr John Velardi 221 Loring Avenue Salem, MA 01970 �+ •SENDER: Complete items 1,2,3 and 4. T 01 Put your atltlre55 in the•'RETURN TO"space on the 3 reverse side.Failure to do this will prevent this card from �. being returned to you.The return receipt fee will Provide r you the name of the person delivered to and the data of delivery.For additional fees the following services are C available.Consult postmaster for fees and check box(es) Q for service(s)requested. t. ID Show to whom,date and address of delivery. 2. ❑ Restricted Delivery. V �p 3. Article Addressed to: Mr. John Velardi 217-219 Loring Ave. Salem, Ma.01970 4. Type of Service: Article Number ElRegistered ❑ Insured 9Certified ❑COD P 445 292 144 Express Mail Always obtain signature of addresseeQagent and DATE DELIVERED 5. Sign e- ressM 0 X y 6. S' —Agent 1 F) X m 7. Date of Delivery H C 2 8. Addressee's Address(ONL 9 M O M 9 1 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSIRUCnONS u-® Print your nems,address,end ZIP Code in the space below. • Compiat•items t,2,3,and 4 on the reverse. • Attach to front of ardele"d span permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE,$am • Endorse article"Return Receipt Requested' adjacent to number. RETURN TO Public Property (Name of Sender) 1 Salem Green (No.and Street,Apt,Suite,P.O.Box or R.D.No.) Salem, Ma. 01970 (City,State,and ZIP Code) P 445 292 144 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) e Sent to Mr. John Velardi a Street ar+z�_219 Loring Ave. m m P.O.,Stale are IP Code C; S,am,ma. 01970 Vi Postage S * Candied Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showingwhom. Date.and Address of Delivery d j TOTAL Postage and Fees S mPostmark or Date W E 0 LL 41 a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt, and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized gent o�,the addressee,endorse RESTRICTED DELIVERY on the front of the article. .. �j, 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. + �(9�QJp��y Y1}(' �C�1�p)a 5 (gyp 4 1 5 y^ S � uildittgepttrtntetlt One �bfem (F)reen - i15-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. December 16, 1986 Mr. John Velardi - 217-219 Loring Ave. Salem, Ma. 01970 - Dear Sir: _ It has been brought to the attention of this office that you are currently storing a boat on your property between 217-219 and 215 Loring Ave. On inspection this was verified. - - You are herby notified that such storage is in violation of the zoning ordinance of Salem and are ordered to move same to an appropriate location. This storage is not permitted within ten feet of your side { lines. (Section V11 Article 3.) 4 . Failure to comply with this order will result in legal action being • taken in court against you. Should you have any questions call 745-0213. Respectfully, r ga in Asst. Bt ' 1 ng I ctcr F,. F/lyd . CC: L. Mroz City Clerk Councillor Fire Health File 215 boring Ave. / a./�� - ---- - --- --- - - 47 744 IA-0 - --- - - ------ - ---- -2i-el 71 �� I I I I j I I � , I 1 I I I I II I I I I I ' I I III I i ' I l I I I I I I I I I , I I I I IIII � II i � I 1 I I I I i t G I I r lilI , I I i I _ _ _ !� v 1 1 A� �[�1 d x. . , r 51 Rucrupl MAIERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES WARD COSI BUILDER jn u PdYa6 , o-n k 7 y.�� l��'•q .y9 S krt�M��µd ''u � +:` �' t� G ! { tl� �• k ° ten '� i �a ; h�, ymx• L MinConvert 2 f ainily to family dwelling. 10/14/81 #411 (Owner) Kenneth Provencher) Install woodburning stove. r w' ✓r KEtBOARD neitherSpecial Permit. and Variance to divide parcel of land in family dwelling on lot 18, the existing order to construct a single '$ w * k r-<' atf 3 13 to '' `U " h''. "_ 5 _ remaining on • • - also granted 0' setbacks on lot16. BOARD • APPEAL: 86 - - • • .•• - •- • -• rq-gP °4 zr sk 4pp€ i 'YA a'2 Pocket 11, Folder 4 anted - modification of previous special permit & vari -1 BOARD OF APPEAL: 11/12/86 - gr, ance. C17oreed.condition 11 W 6 to read- allowed continued use as 3.family as long as titioner, beirs or assig-is continue to own or reside al�&I�,!n fi t . 1 - • • '" a • occupied.- 5.�' "�Sa sLR'^ 3 •i i��ywM' �`>�,F..,, �.j..,.��i {' .�I-�,.y u. : �l`s J .�� y}�:' 3 � [ <'�'��F � •.k.C`'t�f i�' Y;k '+itMTG�.�`v a '+ L 1a. �.:. �t t . t*. i��', fu:... ''"._ za".la, } .'si .''{;. ys$" I4 :i''r i, q It 3a�� ,: I} ilfe ' .rt . 3x ' - •raj,'. 27',?g ! i ar '� 's� ` 4 `e"`k. 4 tA, is 4' =' �*1�:44.,,,. �'�yt"5.'.:,Y " .•.h. :�,t ��.�`«i`',t:1.�t1,.: �°"'f4:.�'Z';I, : �R 1.'' a,.r�4... ',', �`°'.�'�iti ". rc� "k Ps# � :M1. ° a: ��r °. �k:"�i'' 'ra ";� -9�s. r'.t.r45..,��.,,. .t � �"e:. 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Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zonin- Enforcement Officer John L. Leclerc, Plumbing/Gas Insp. December 16; •1986 Mr. John Velardi _ :. 2i7-219 Loring Ave. — Salem, Ma. 01970 ° 3 Dear._Sir: ' .._a _ - '` t; It .hasn brought to the attention of this office that you are P° rentiv storing a boat on your property between 217 21°and 21 " Loring ve On inspection this .was verified.. L lou are herby notified-that such storage=is in violation of the- zoning h _. 9- ordinance of Salem and .are ordered to move same ;o--n.,appropriate _ ry *--location'. This storage is ni. not pentted' •rithin`ten-feet of your-s-de , lines., - (Section V11 Pr icle 3.) Fal1,He6 to catply with this order will result in legal action being `t taken.-in court against you. lShould lTou have any questions call 795-0213. Resect-- u- 1Y /!� .. Fiigaf �:' . An y Asst, ii 1 i nq T ector . } r-;P/lyd CC: L. nv-oz _ _ I -. ty Clerk Colncillo- - 1 - ;ea.l L, 215 Loring Ave. _ �y.Cox] S \ _9NE a 4:tC JU J 39 CITY OF SALEM HEALTH DEPARTMENT RECEIVED BOARD OF HEALTH CITY OF S6,L1H,HASS. Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 December 29, 1986 Mr. John Velardi 217-219 Loring Avenue Salem, MA 01970 Dear Sir: Due to complaints an inspection was conducted of your property at 219- 221 Loring Ave on 12/23/86 by a representative of this department . The following was noted: 1. Articles used for lobstering such as traps, bouys, bait boxes, :are being snored at this location. The above situation is conducive to objectionable conditions such as. odors, and the breeding and infestation of insects and rodents. Based on the heavily congested residential area and the closeeproximity of the abutting properties this. condition is a nuisance to the immediate area. .You are hereby ORDERED to REMOVE the above-mentioned from your proper- ty immediately upon receipt of this letter. You are also advised of your Right to a Hearing if you feel this ORDER should by withdrawn or modified. You may obtain a Hearing by filing a written Petition at this office within seven (7( days of receipt of this ORDER. Failure to comply with this ORDER shallresult in a complaint being sought against you in District Court. ' Please notify the Health Department innediately of your intent to remedy these violations. FOR THE BOARD OF HEALTH ' 0' ROB RT E. BLENKHORN, C.H.O. Health Agent cc: Louis Mroz, Administrative Assistant to Mayor Salvo William Munroe, Zoning Officer John Nutting, Ward Councillor Cert_ P/SS 18'7 /y.2 -V/ �y0, 4 Y 9 n PAR 6 1 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTHit4u,, � .. �!j YOr o Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 February 29, 1988 John Velardi 221 Loring Avenue Salem, MA 01970 Dear Sir: In accordance with Chapter III, Sections 122, 123, 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an Inspection was made of your property at 217-221 Loring Avenue, Salem, Massachusetts, occupied by Tenants and Owner. This inspection was conducted by A.R. Mineo and R.E. Blenkhorn, C.H.O. Salem Health Department, on February 25, 1988 at 11 :30 a.m. Findings: Articles used for lobstering such as traps (±450) and buoys are A being stored at this location. The traps are located against and above the height of the fence in the rear of 217-219 Loring Avenue. A numerous amount of birds are nestering/feeding within these traps. The buoys are being stored under the rear porch of 221 Loring Avenue. The above situation is conducive to objectionable conditions such as odors, and the breeding and infestation of insects, birds and rodents. Based on the heavily congested residential area and the close proximity of the abutting properties this condition is a nuisance to the immediate area. You are hereby Ordered to remove the above mentioned from your property within 60 days of receipt of this notice. Failure to comply with said order will result in court complaint being sought againts you in Salem District Court. 410.602: Maintenance of areas Free from Garbage and Rubbish (A) Land. The owner of any parcel of land, vacant or otherwise shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel of its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupants. P, Y i er. SALEM HEALTH DEPARTMENT 9 North Street ry 9 Salem, MA 01970 John Velardi Page 2 February 29, 1988 Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given .an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. FOR LTHE BOARD 'OF HEALTH REPLY TO ROBE\T E. BLENKHORN, C.H.O. ANTHONY R. MINED, HEALTH AGENT CODE ENFORCEMENT INSPECTOR REB/m cc: Felix Kulik, 9 Cleveland Road, Salem, MA 01970 / William Munroe, Zoning Enforcement Officer, One Salem Green, Salem, MA 01970+ Gerard Kavanaugh, City Planner, One Salem Green, Salem, MA 01970 �, y� r y`' +"v nt .k+`1-�f'�� t7 `P+ �nie y t, F tr w,+,, S� s y t 04 IN10 •� � . .�11' 0 r � a'3 F'a" 1��-�d�7 p lei rb�t # '� v M r�"N�'t^a , f ia° 'J t' » �" � + !n t1 ",.� , �• 4,� i p Y' � -,1' x ;G: ,�#e , , .-i 1 �I .,•A r t � � , . !. +. R - it y. JI Ilk 00 Qv � � r4 � � e tin '�• .- 1, ' r. . 110 An to lot a W -Oj X -�.. BS t" ' I s✓ r n t VVI �•��l r -r�S.��'f k' �+ S�Sj pA��r:�l�F i � 1.1x ,�ra t. t $ - C- - .6 16�1005, "Q11:100 + � ,� e p e 1 . fin r M ,M .,f�w``f fr7 v1�Y f. 'ff �" 'ki saoil;F"Jt t ,z a '1jtt f Etas ra.� ttiss ,z`f',V' ir � h I a' r". .53,5y,; ., �.. too 'tt r N! �t'. "yta �.,.x . 4• !'m'i 'y », �pnY ... a*+1uY �N �i't r < ,g r'tii' sa,�r � �! : 'Y h S i wr' pA �i Yk',x t 1 Axl 4 r ai ^.e .J 'k 'S ' i t ,.. ,. k ! 1 � iw 5 ,✓"wr ,� an+ra f A zk a '1 9 74 ��' � ��', r.;"�� s �� Ys'£�.i' 7,�, 5.�.+$ "�:,' "�"�p��a,X�dn r ,� +�• '� �'• �*14:�`i��v�"�i#�kfR; J m.+ SPir"';i'♦'�+ �t�n ecf�� y rto� r a n & ty1�f v a p..��"'`a y ''r. �,✓ � f:.Sh 1 5,:w � s '•� * agid.„ r a x, slr c • k � � f f+ ! f } '� r 'e ,� ' '.. !f 7 §'i YlS�} !•45� fk.j � t ..t ,,,.. � .5 44 v k x w �' ° �� z !9� !r k :fes �y 0 , •.. l C t -. P � c n December 31 , 1987 Mr. Nelson k. Benton, I I I Managing Editor, afro 1 Salem Evening News Salem, Mass 01970 ci, Dear Mr. Benton: We are writing in response to your editorial entitled "Trash the Salem Zoning Plan" under the date of December 22, 1987. We are all residents of the area abutting the proposed site of the eight new dormitories to house some 350 students. Our first knowledge of the plan was an article in the Salem Evening News in February of .1987. We were surprised to find that the site at the end of ;` Harrison Road, formerly the playing fields of St. Chritiene's Academy and a choice residential area, had been selected by the Board of Trustees of 'the.* College. The neighbors were invited to review the plans at a later date. We attended the meeting and were told by college officials that we were fortu- nate since our homes would be protected by a 200 foot buffer of trees. This has always been a single family residence zone. At a later meeting with the Conservation Commission, the College petitioned for an exemption under the Wetlands Protection Act. Because of area constraints plus the number of buildings, the College found that they could not abide by their agreement to maintain a 200 foot buffer. To circumvent this problem, they submitted plans for the hearing with the distances omitted. When questioned concerning this omission and after the plans had been measured at scale, a college official admitted the unilateral change. The buffer zone had been reduced to less than 100 feet in some areas. This change prompted City Officials to,Iose faith with Salem State College and to propose removing'the college exemption from the density regulations. Salem State College delights in telling residents that inasmuch as •it is the arm of a higher governmental authority that this exempts it from local ordinances and zoning bodies of every persuasion. The Salem Evening News Editorial appears to adopt that position but cites no authority in support. A legal inquiry reveals very little substance to the College claim of immuntly. Chapter 40A, Secion 3 of the General Laws removes any doubt on the subject stating that no city ordinance shall prohibit or regulate or restrict the use of land or structures for educational purposes on land owned or leased by the __ ... Commonwealth or any of its agencies orovided how v r that such land or atructure may be subject to reaUl]able reasonabler qulation concerning the bulk and the Mght of structures and the d rmining of yard 5jzes lot area. setbacks, o en soac a arking and building o rag re ,ir m mss. As already pointed out, the land is subject to wetlands protection. Thus, there is very little the College is not subject to except the use of the land itself. We as residents of the area would prefer that the dormitories be built on the main campus where they belong and where the original college master plan recommended that they be retained. If the college insists on intruding into another area of Loring Avenue then we would think that they would begin by filing their plans with the planning board of the City of Salem as they are required to do under Section VII of the Zoning Code. This section mandates that any party contemplating the construction of six or more residential units file with the planning board for a site plan review. This step in combination with the removal of the density exemption for the college will allow the city to exercise the regulatory powers which are granted by law. There are many areas where the city should express its concern when one considers eight new buildings with 350 residents and then contemplates parking, sewers, water utilities, police protection, fire protection, emergency lanes and traffic which is already a nightmare on Loring Avenue. The recent proposal to develop Leggs Hill Road on the Marblehead Line in the same area and on a much smaller scale resulted in such an outcry from our neighbors that the plans were withdrawn. There are other considerations spelled out in Section VII of the Zoning Ordinances that all city officials should be concerned with and that are designed to protect the petitioner, the residents, and the City. We do not think that we are asking too much of one of the So called leading citizens of the community, Salem State College, that if they choose to go forward with their plans in this area, that they at least begin to keep their agreements and follow the law as written. Respectfully, Paul Lavoie Mary Alice Doyle-Lavoie I Hayes Road i Hayes Road Cheryl Desjardins Members of the Committee to Regulate Salem 10 Hayes Road State Col lege Dorm Expansion LAW OFFICES OF - GEORGE P. VALLIS ONE CHURCH STREET SALEM. MASSACUIUSE:TTS 0I970 16171 745-0500 - - - "' rr GEORGE P.VALLIS JOHN G.VALLIS January 20, 1988 William Monroe, Building Inspector Building Department One Salem Green Salem, MA 01970 Re : Special Permit and Variance 217-219 Loring Avenue, Salem John Velardi , Owner Dear Mr . Monroe: Please acknowledge this letter as an attempt to clarify a problem that has arlsen regarding the terms and conditions of the Special Permit and Variance granted to Kenneth Provencher on April 20, 1983 , In the above-captioned matter . Particular reference is made to paragraph 6 which states that "Petitioner must lay crushed stone throughout the parking area at the rear of the existing 3 family house" . This office represented the petitioner at that time, Mr . Kenneth Provencher . It Is my clear recollection that the stated condition was Included as the result of the concerns of the abutter , Mr . Arthur Birmingham, who opposed the petition claiming that If the petitioner hot-topped the back yard , as he had originally planned , a runoff problem would have been created . I believe the Board Imposed that condition in order to avoid the potential problem . It is my understanding that nothing has been done by either Mr . Provencher or the present owner , Mr . Velardl , in changing the cover of the back yard . The Intention and purpose behind that condition was to prevent any further hot-top being Installed In the rear yard . If I can be of any further assistance to you In this matter , please let me know. ^ Very ru s , GEORGE LIS GPV/cac CC : Mr John Velardi 221 Loring Avenue Salem, MA 01970 MASSACHUSETTS PROPERTY INSURANCE /FAIR PLAN UNDERWRITING ASSOCIATION Claims Division Two Center Plaza Boston, Massachusetts 02108-1904 (617) 723-3800, MA Only (800) 392-6108, FAX (617) 723-8424 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139, Sec. 3B TO: Building Commissioner or Board of Health or Fire Department or Inspector of Buildings Board of Selectmen Arson Squad RE: Insured �2�(_ q/��g' 'i Property Address: / !`/ 14 Policy Number:---- Loss of• 3 / /jf 19 l.3 File or Claim Number(s) : Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000.00 or cause Massachusetts General Laws, Chapter 143 , Section 6 to be applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. Zcf (Signature) Title: On this date, I caused copies of. this notice to be sent to the person named above at the addresses indicated above by first class mail. Signature and Date MUA-CL-21 Did you check your smoke detectors today! Gra Line® —Speed Letter© 44-902 Speed Letter® To From �J Subject -N,9&19 FOL MESSAGE Q01A�� ' r� Date_3/,3/A;3 Signed REPLY No 9vom - orolo rY ✓ .S'/!< < OTo 013 T� Date Signed v fc WilsonJoneS RECIPIENT—RETAIN WHITE COPY. RETURN PINK COPY GRAYLINE FORM 44 932 1PART 84 C1963•PRINTED IN USA T Y c.EttGF --_=ice C- AND R;=TA!IU .__LOV'. CCW, SEND N.'HiT= AND FINK COPIES WITH CARBON INTAC- I. d '7 ai a10 �. namt CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT, 508-741-1800 Match 23, 1993 GMAC Mortgage Company 3451 Hammond Avenue P.O. Box 780 Waterloo, Iowa 50701/07 Dear Sir/Madama. Please refer to our 2/24/93 inspection report forwarded to you regarding_property in Salem Massachusetts located at 106 MARGIN STREET, specifically apartmervt #1 Serious violations still exist at his-apartment. Kindly contact this office at your earliest convenience regarding repairs. Be advised that if this tenant vacates, the apartment cannot be rented until a Certificate of Fitness Inspection by the City of Salem Health Department indicates that all violations have been corrected, and a Certificate of Fitness is issued by us. Unless we hear from you, and the tenants are still occupying the premises, we shall be forced to initiate further action to effect compliance with the Massachsuetts State Sanitary Code, Chapter II, 105 CMR 410.000 Your anticipated response is appreciated. FOR THE BOARD OF HEALTH REPLY TO Robert E. Blenkhorn, CHO' Virginia E. Moustakis Health Agent Sanitarian REB/b cc: John Occupinti, 108 Margin Street, Salem, MA 01970 Building Inspector Fire Prevention Councillor Vincent J. Furfaro Certified Mail P 348 634 708 >r r ''� ,� o�\o WORCESTER&aU(D) I!® -7`�� " I 10 Lincoln Square, Worcester, Massachusetts 01608 (508) 791-1600 **DUE F9 .� � / "�.`�� ** .-.-,. . .-r. DEMAND 4 .. _ _�.r•:IyT R a-S "R 111�4 A R i CHARGES _ 0004 AVE, -- . S;rLCrlA .:01 ..-,..___.___.._ ... INTEREST IV, a70 TOTAL „. :..- , SEE REVERSE SIDE ormation Regarding This Notice,Inquire of Board of Assessors n due,Sghfect to penalties of interest,demand and Charges- THISFORM APPROVED By COMMISSIONER OF REVENUE: .. ...,:..- . FISCAL YEAR COMMONWEALTH OF MASSACHUSETTS ULY 1, 1 9 91 TO JUNE 30 1 9 9 GI L CASH _ -"CITY"OF'SALEM' DATE OF ISSUE ';811_1_NO. F Taxes 93 WASHINGTON STREET -_--- Mo. DAY YEAR SALEM,MASS. 01970 .- ^.J �.� 9 - °19.7 2" XCISE DUE )C NO. MAKE OR MODEL OF BOAT CELYEAR VALUATION E},3 Sts '.!U c,U;l 7 $ 'RATE ' NOTICE OF E%CISE ONBOPTS SHIVS AND VESSELS FPVPO E IN FU LL INRNINW DAYS OF ISSUE[.L **)LE APR of 1992 ** .. _. Difenxo .• --POI'TRA.S-'RICu RD DxaRGEs V // ' Y / :x its F .� Form A Decision Nov. 12, 1985 1s. Josephine Fusco City Clerk City Hall Salem, HA 01970 Dear I9s. Fusco: At a regularly scheduled meeting of the Sale-. Planning Board held on Nov. 7, 1985 it was voted to endorseApproval Under Sub- division Control Law Not Required" on the following described plan: 1. Applicant: Kenneth R. Provencher 221'Loring Ave. Salem, MA. 2. Location and Description - The land with any buildings thereon consisting of two parcels and known as and numbered(217_Lorin9? Avenueto 221 LoringAve both in Salem, Essex County, MA. and more fully described in the attached Exhibit A which is incorporated herein by reference. Book 6846 Page 227 Deed of property records in Essex South District Registry. Sincerely, Walter Po•::er III Chairman lip/sin of *a1el j, �` c�fi SSC �I QlfB z �uhlic �rl��Prfg �P�r�rflttcuf 9 \ JA�aiHrncWae��^ ��lll��llll� �P�[FITtIllPlTt - (,par ?alem (hrecn - i•li-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. December 16; 1986 Mr. John Velardi . 217-219 Loring Ave. " - Salem, Ma. 01970 ` Dear Sir: It has beer. brought to the attention of this office that you are currently storing a boat on your property between 217-219 and 215 Loring Ave. On inspection this was verified. You are herby, notified that such storage is in violation of the zoning ordinance of Salem and are ordered to move same to an appropriate Y location. This storage is not permitted within ten feet of your side dines. (Section Vll Article 3.) Failure to comply with this order will result in legal action being - taken in court against you. Should you have any questions call 745-0213. a fully,t. n As 1 g Iractor FJP/lyd CC: L. Mroz City Clerk Councillor Fire Health File 215 Loring Ave. a Tiemey, Kalis, Adamopoulos & Lucas . Attomeys at Law 133 Washington Street, Salem, Massachusetts 01970 (617) 741-0862 John F. Tierney Robert I. Kalis fteronA CS ,o Poulos > A 55 November 4, 1981L` uis J. Muggeo u of Counsel CITY City Clerk Salem, MA Planning Board Salem, MA e Re: Form "A"; c, 41 81R Waiver Applicant: Kenneth R. Provencher Property: 219, 221 Loring Avenue, Salem, Massachusetts To The City Clerk and Planning Board: Enclosed for filing on behalf of Kenneth R. Provencher, owner of 219 - 221 Loring Avenue, you will find three (3) sets of: NOTICE TO BE ATTACHED TO FORM "A" APPLICA- TIONS; FORM .A APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL; and PLAN OF LAND IN SALEM, prepared for KENNETH R._PROVENCHER, Scale: 1 " = 20' October 24, 1985 by ESSEX SURVEY SERVICE, INC. Kdinly schedule consideration of same at the Planning Board's earliest convenience and notify this office of the date and time of such hearing. Upon hearing, the applicant will be requesting that the Board grant a waiver pursuant to M.G.L. c.41 § 81R insofar as such action would be in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law. Thank you for your anticipated consideration. Ver truly yours, John F. Tierney JFT/ms Enc. cc: Kenneth R. Provencher situ of '$nIem, 'fflttssar4urletts s Planning Peart 0tg Mall Salem, 49assachusetts 01970 NOTICE TO BE ATTACHED TO FORM "A"APPLICATIONS See Form "A" applications for complete instructions for filing. All insertions shall be typewritten or printed neatly in ink. Date: _slo3tEmbPr--4.138 ___-_ City Clerk Salem, Massachusetts 01970 Dear Sir: I hand you herewith two copies of Form A, an application submitted by me this day to the Plan- ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with said application that Planning Board approval under the Subdivision Control Rules and Regulations is not required. The land shown on the accompanying plan is located at _. ______217_.10-----221-_Loring_AVenue;-_ Salem,_ Massachuset -_ 1970 ---(7)- ------------------------------0 — -----------Seven (insert street and street numbers here) / Signature of Owner --.- -- Contact via: Street Address __�__ d_L______ ___--_ _ _____________ Tierney_,__Esquir _133 Washington Street -- ----- ---- City, --------------Wen - --- 5gtts 01970 Telephone Number _ ------....741-0862--------------------__ Ctu of 'Sultzn, ttssttcl�usEt#s .�� Ftr1m$ Parva (URV Pau ' �alem, ,�{sssaclivsetts D187D FORMA APPLICATION FOR ENDORSEMENT OF PLAN BELIEVED NOT TO REQUIRE APPROVAL In accordance with provisions of Section II-B, the applicant must file, by delivery or registered mail, a Notice with the City Clerk stating the date of sub- mission for such determination. The notice shall be attached to two copies of this Form A application. The notice and both copies of the application must be "date stamped" by the City Clerk and then one copy of this Form A, with the Plan, filed with the Planning Board by the applicant. All notices and applications shall be typewritten or neatly printed in ink. Salem, Mass. November 4, ____-- 19 85 To the Planning Board: The undersigned, believing that the accompanying plan of his property in the City of Salem does not constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and state specific reasons) E-v-ery--lot__w_ithinthe tract_-so_di—vided-llas--frQnta_ge-_nn--g_ftuh]ic _way__or a_wa�_wflic_hthe Clerk Qf-the__City-_can__certify_ss-maintained-and-us-ed as .a--public way and such__frontage_ is of at_-least-_such-distance_asrequr-est_by__zoning ordinance,-as__same is varied in accord_ancQ--withvat_Tantef_iled-__S/11/.d3----(cnpy attached) . and herewith submits said plan for a determination and endorsement that-Planning Board approval under the Subdivision Control Law is not required. 1. Name of Owner ----Kenneth R_- Proy_enGher------------------------------------------------------------------- Address ---------221 Loring Avenue, Salem, Mass. -----_-_-__---------------------- . ------------------------------- ----------------------------------- 2. Name of Engineer or Surveyor -____Qobert...B_.-__Bowman1EssexSurvey_-SeryjCe_.__InC------ Address ----181__Essex__Str_eet_.....S.a]_em,__Massachusetts___—___________________________—__ 3. Deed of property records in ------Essex-_South__D_i.strict-----.--------______ Registry Book ---------6846------------- - Page ----227_-------------------- 4. Location and Description of Property: ----the__.]_and__with--anyt--huildintds__thex2Dn-_r-onsisting .__nf___twn-_�Z2 --par_cels__and_-known__as--and--numbered--217---Lor-}ng--Avenue---ta---221--Lor-ing _Avenue, _both__i_n__Salem__Essex__County-_M.assx,__and_mor_e_-fiilly__destrihed._in_-tha- -attached__Exhibit A_which__is__incQr_!)or_a.ted__herein-by__r_eferenze______________-_-_-____-____ -----------------=---------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------_- 5. All streets and abutting lot lines shall be shown on the Plan together with the names �f thewngrs of the abutting lots. � Owner -ov_encherb ,.__ yy f Signature of Owner---KA o ney IF Ow Contact via: Address----1 3_Wa.shinaton_Str_eet>__Salemmass----------------- Telephone Number ----7.4]JDUZ----------------------f------------------------ Nv E 1 9 \ - v 9z � °fl L �o/� �e HPPROVAC UNDER THE SUBDIVISION LQ ocus., Q" CONTROL LRw NOT REQUIRED ef7 W SALEM PLANNING ROHR D � I C~9N flN 40 55.0 55.05 •+a,Pfs� �\ O . LOT /G o PQP° i9= 5,920' S a LOCUS IMP LUT /8 ,9C.41E / 2000' I A= Co, 220-' S.f. Fre o%ric/s ✓ � �/0'EASEMENT Wan d a h/. I "' rasa bon a Bi m/ 14712Qil� I N h o PI I Ii / CE.PT/FY T,y,4T Ty/S PLAN CONFO a`H OF 144SA� TO TLJE RULES ANO REOULgT/ONS of o ROBERT 9c��REliISTE,fS OA- DEEO9. �FBBOWMAN N s12Irp " L Lh I S O FOR REGISTRY USE ONLY 1 I �L/9it/ of L�.t/D 56.43 __ s s'' _ 56.43 /N 4 o i2 / Al G �9 YE . S Al E1*1 PREPH RED FOR KENNETH R. PRO WN 11Z NOTE : TN/S PLAN COMPILED FROI"l SCALE: 20 OCT. 24,1985 PLANS RAID DEEDS OF RECORD AND A PARTIAL F/ELL) SURVEY. o zc so goo E SSEX SURVE Y SERV/CE, /NC. /8/ ESSEX SrRS-Er - SALEM, M4SS. /0/B9 UNITED STATES POSTAL SERVICE 111111 OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIPCode in the space below. •Complete items 1,2,3,and 4 on •� the reverse. US.MAIL •Attach to front of article if space ° =itspermits,otherwise affix to back of , •Endorse PENALTY FOR PRIVATE article"Return Receipt USE.$300 Requested"adjacent to number. RETURN Print Sender's name,address,and ZIP Code in the space below. TO Dave Harris/ Building Dept . City Hall Annex/ One Salem Green Salem,MA 01970 •SENDER:Complete items land 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will rovide ou the name of the arson delivered to and the date of delive .For additional fees the ollowing services are availab e.Consult postmaster or fees an c ecx box es)for:additional service(s) requested. 1. ❑Show to whom delivered,date,and addre e's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Article Number John W Velardi P 154 217 444 217-219 Loring Ave. Type of Service: Salem,MA Registered Insured Certified ® COD LLLJJJ Express Mail n Always obtain signature of addressee or l / agent and DATE DELIVERED. 6. ature—Addressee S.Addressee's Addre Y if requests and fee art}J. 6.Signature—Agent S' 00 x uy Q g�7CCo €� 7.Date of Delivery \`� "— •� PS Form 3811,Feb.1986 / 7. /� _ DOME&TIC RETURN RECEIPT P 154 217 444 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) a Sent to a John W. Velardi Street W Y19 Loring Ave m 7 P.O.,Stats e i f^' Postage $ * Certified Fee 1 .67 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, W Date,and Address of Delivery o TOTAL Postage and Fees $ 1 67 LL c Postmark or Date m E 0 LL N a STICK POSTAGE STAMPS TO A&CLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,Stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. It you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,date, detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5, Enter tees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested, check the applicable blocks in item 1 of Form 3811. 6.Save this receipt and present it it you make inquiry. cow o�r4,btF Ctu of M�L'.rit, �t58MC liBP##8 Public Propertg jDeparttnent TJ��IMML��rtr willing PepMrtntent ODnr -�&alem (6reen 7,15-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. January 5, 1988 John W. Velardi 217-219 Loring Avenue Salem,MA 01970 n- - RE: X217=219 Loring Ave. , Salem �- � Dear Sir, After receiving a complaint to this office, it has come to our attention that you are in Violation of the Variance Terms concerning your property located at 217-219 Loring Avenue. Your request to divide the parcel of land at said address was granted under certain conditions relating precisely with the construction of a driveway at the rear of the building. Please contact this office within seven (7) days of receipt of this letter. Failure on your part to comply within the specified time will result in a complaint in the Salem District Court . Sincerely, David J. Harris f1 Assistant Building Inspector t DJH/eaf C.C. Ward Councilor City Solicitor Bill Toomey I,3 ofu1rm; � ttsottcl�usef� \' IIttrD of �uett1 fs^'f ECISION QN T_HE PETITION OF JOHN W.VVELARDI FOR-MODIFIC/�TTON_OE. J SPECIAL PERMIT & VARIANCE AT ,21,7r219_LORING AVE. A hearing on this petition was heldNovember 12,1986�with the following Board Members present: James Hacker, Chairman; Messrs.;Bencal, Fleming, Luzinski and Strout. 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 the Board of Appeal to modify condition number six (6) of the Special Permit & Variance previously granted April 20, 1983. Said Special Permit & Variance was granted allowing property to be divided into two lots, Lot 16 containing a three family dwelling and Lot 18 containing a single family dwelling. Property is located in an R-2 district and was owned by Kenneth Provencher at the time of the 1983 decision. The Board of Appeal, after careful consideration of the evidence presented, makes the following findings of fact: 1 . There was no opposition. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The requested modification of condition number six (6) of the previous decision can be granted without substantial detriment to the public good. Therefore, the Zoning Board of Appeal voted four to one, Mr. Hacker voted present, to grant the requested modification of condition number six to read as follows: 6. This decision to allow the continued use of the three family dwelling Will be in effect so long as the petitioner, his heirs. or assigns continue to own or reside in the adjacent single family dwelling (Lot 18) or so long as the three family dwelling is owner occupied. All other conditions to remain as previously granted and are as follows: 1 . Petitioner may divide the property into two parcels, one containing 6,220 square feet (lot 18) and one containing 5,920 square feet (lot 16) ; 2. Petitioner may keep the existing structure on lot 16 within five (5) feet of the northernmost property line of lot 18; 3. Petitioner must obtain a Certificate of Occupancy and Use prior to the recording of the plan submitted to the Board; - 4 . Petitioner may never build or -construct a driveway within sixteen ( 16) feet of the northernmost boundary of lot 16; 5. 4Petitioner-must 1'ay crushed stone throughoutthe parking area_at the_ rear of the existing three (3) family;r ~ DECISION ON THE PETITION OF JOHN W. VELARDI FOR P;ODIFICATIOPI OF SPECIAL PERMIT & VARIANCE AT 217-219 LORING AVE. , SALE!-1 page two 6. This decision to allow the continued use of the three family dwelling will be in effect so long as the petitioner, his heirs or assigns continue to own or reside in the adjacent single family dwelling (lot 18) or so long as the three family dwelling is owner occupied; 7 • petitioner must limit parking on lot 16 to three (3) spaces, no such space to be less than sixteen (16) feet from the northernmost boundary of such lot; 8. Petitioner must landscape the northwest corner of lot 16; 9• Petitioner must obtain a Certificate of Compliance prior to recording of said plan. GRANTED ' Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK v 17 ` ti ACE SHFLL CE E, \.ITdly t0 DnYS APER "FL cA\.S C cGE p. ihE CI iY CLEk': - pnCE C _ 4 i_ DECIS ON 1'� Tn- CP.;:9TER s2S. SEr eJ Ct T cS EJT „I'(i'^ A -C r r THce 1CF°P � H;. S S Fi .:� L E. S ` vE `'J' ^ St`ft .n CF c er i E OV�aER 4 E s c 1 TP.Ai 1 P- !- cR ,�1 F.FPi,._ r c B E; FIL n A,U h.CcAEu G TIT,.E GR iHRi. IF 5'�U eSEx P.ECISi Rf pF GE SPS CERTIFICATE Of RECO=pED IN THE SC';j1R EO AiiD 1�viED Oti THE G:dit_. BOARD OF APPEAL OF RECORD OR IS R�CORO` . C OMNI s: Cig of �$ttlem, 'Mttssar4usetts 'osl Poara of Appeal MINUTES OF THE BOARD OF _APPEAL'^JANUARY`15;19867 A Meeting of the Salem Board of Appeal was held Wednesday, January 15, 1986 at 7:00 P.M. , second floor, One Salem Green. Notice of the hearing having been duly advertised in the Salem Evening News on January 2, 8, 1986. Abutters and other interested persons were notified by mail. Members present: Messrs. , Charnas, Hacker, Luzinski and Associate Members Bencal and LaBrecque The meeting was called to order by the Chairman, James Hacker. Mr. Bencal and Mr. LaBrecque were appointed voting members. Mr. Luzinski made a motion to accept the minutes of the November 13, and December 3, 1985 meetings, as submitted. Mr. Charnas seconded. MINUTES UNANIMOUSLY ACCEPTED 217-21.9_&.221-Lor-ing_Ave-.—_Kenneth-Provencher Petitioners are requesting a Special Permit and Variance to divide property in this R-1 district into two lots. Mr. Charnas read the application and a letter from the Fire Dept. , no objection. Attorney John Tierney represented the petitioner. This Board acted on this petition in 1983, they granted a Special 1 Permit to alter the nonconforming lot and a Variance to allow a single family on one lot, leaving the three family on the other lot. This was granted, the Counsel for the petitioner thought there was a discrepancy in the wording of the decision and the Board in their kindness corrected it and wrote an amended decision. The problem is, both decisions were recorded at the Registry of Deeds. Mr. Provencher lived in the single family, he decided to sell it, when the title search was done the problem was discovered. All we are asking for tonight is to have the amended decision ratified. Speaking in favor: Attorney Robert LeDoux, I am representing the prospective purchasers and the lending institution. There is a tital problem as a result of these two decisions being recorded at the Registry of Deeds. As you know, most banks don' t hold on to mortgages, they sell them. We did some research and the title is no good, is not marketable. It is necessary to come to the Board to reaffirm the amended decision.,._o-nc et_hat is done we will be satisfied. Speaking in opposition: *Arthur Birmingham.,_2,1,5-Lorng A e. , he_has-no7compledwithth_any-of the_conditions_of_the-previous decisi�-off he is supposed to live there and he doesn't. Since he built the single family house I have had problem with water. I am concerned about the strip of land that runs between my house and the three family. I am sure he is going to sell the three family and whoever buys it might put in a driveway. There is not enough parking. Mr. Hacker: we cannot deal with something that might happen. Mr. Birmingham: where is my insurance that they will not build a driveway to get into the yard. Mr. Hacker: there is a condition on the decision that a driveway cannot be put in, if he sells it, that condition still remains. In rebuttal: Mr. Tierney: all work has been done in'accordance with the decision--and the approval of the-City_Enginee r_.(—They`Have—ac ted`ift- good faith. All we are asking-for-is ratification of something that has already been done. Hearing closed. Mr. J Luzinski: on condition number 6 of the previous decision, it states that it must be occupied by the owner or a member of his family. . Is this presently the case. Mr. Tierney: Mr. Provencher lives there. The way I read the decision, he has to live there or the new owner will have to live there. Attorney LeDoux: that is MINUTES - JANUARY 15, 1986 page two 217-219 & 221 Loring Ave. - Continued the problem, the first decision said both must be owned by the same person, the amended copy says the three family must be occupied by owner, or the petitioner must own or reside in the single family. Mr. Hacker: Mr. Birmingham, is there a driveway there now? Mr. Birmingham: no but if he sells it they may put one in. Mr. Hacker: once again, we cannot be concerned about what might happen, there is a condition that there be no driveway, no matter who owns the property, they cannot put in a driveway. Mr. Charnas made a motion to grant the Special Permit and Variance requested, incorporating all conditions on the amended decision filed with the City Clerk May 11 , 1983. Mr. Bencal seconded. UNANIMOUSLY GRANTED 7 Winter St. - Sally Flint Petitioner is requesting a Variance to allow premises to be used as a lodging house in this R-2 district. Mr. Charnas read the application, a letter in opposition from Mr. & Mrs. Charnigo, 18 Winter St. and a letter from the Fire Dept. , objection due the property not being in compliance with laws relative to installation of smoke detectors. Darcy Dale, represented her mother Sally Flint. We are seeking a variance to allow 7 Winter St. to be used as an owner occupied lodging house or lodging house/inn. She submitted a petition signed by neighbors in favor of the lodging house/inn. There will be off street parking on the premises, displayed a plot plan showing 15 on site parking spaces. There is room for even more if needed. Would like to address the concerns regarding preservation of architecture and improvement of the neighborhood. We feel our commitment to make our home as close to a museum restoration as possible would be a definite improvement. We are planning to restore the rest of the exterior, landscape extensively, including the parking area, and the interior, which is 80% restored, will be furnished with period pieces, documented wall coverings, etc. The house is of the second french empire, centered wing subtype. Only 20% of all second empire buildings in America are of this type. A 16 room single family house in 1986 is a burden financially. We feel the best way of keeping it in our family and still maintain architectural integrity, would be to open it to the public as a lodging house or inn. This is my mothers eighteenth year in this house, she will be retiring in a couple of years and will not be able to keep the house unless we are granted a variance that would allow extra income. The whole family is committed to this venture. Please don' t force us to sell our home. We don' t want to lock ourselves into being unable to feed our guests at some point in the future, we would like to offer our guests some amenities such as an inn would, but not right away. - If the Board would rather we withdraw our petition and reapply using the word Inn or Lodging House/Inn, we are agreeable to that. We intend to fully comply with any and all conditions set forth by the Licensing Board and the Fire Dept. Speaking in favor: James Flint, 7 Winter St. As my sister said, we are committed as a family to this venture. Judy Valley, 8 Winter St. , it is presently a rooming house and I understand the same number of units will be used, There is parking, this would be good for neighborhood. Jonathan Huntington, 11 Winter St. , it is extremely appropriate for a lodging house, I have no problem at all living right next to this house. Mary Manning, 14 Winter St. , I was concerned about parking, but they have parking. I was also concerned when I read the ad, but after seeing the large area they have for parking, I have no problem with this. Pat Huntington, 11 Winter St. , I have no opposition. John Wright, 5 Winter St. , I am only concerned about signs. We have talked about it and I don't think we'll have a problem. Speaking in opposition: Ellen Barnes, Pickman St. , parking is a problem, there is no parking in that area. Mr. Hacker: we need a hardship to grant a Variance. MINUTES - JANUARY 15, 1986 page three Darcy Dale, it would be a hardship to use as a single family or a two family, it is so large. Mr. Bencal: petitioner stated that because of the size of the rooms it is not feasible to use as a two family. Mr. Hacker: I have a problem with the fact that it is currently being used as a rooming house illegally. Would like to continue this and go have a look at the property. Mr. Charnas: I agree, we should have an on site look. Mr. Hacker: explained to the assemblage that if they continued this until the February 26th hearing, it would not be readvertise Mr. Charnas made a motion to continue this petition until the hearing on February 26, 1986 on condition the petitioner waive rights relative to time requirements. Mr. Luzinski seconded. UNANIMOUSLY CONTINUED UNTIL FEBRUARY 26, 1986 18 Barcelona Ave. - Robert Pitreau Petitioner is requesting a Variance from side and rear setbacks to allow an existing dwelling and decks in this R-1 district. Mr. Charnas read the application and a letter from the Fire Dept. , no objection. Attorney Berkal represented the petitioner. This is a problem that is going to be coming to the Board more and more. The builder apparently, when he started building hit ledge and none of the houses were built according to the plans. My client got a variance in 1984 for an apartment for his mother, did not know at that time there was a problem. Speaking in favor: Councillor O'Leary, I am speaking as a councillor and a resident, Mr. Pitreau wants to purchase the house from his mother, he is a good neighbor and I am in favor. No one spoke in opposition. Hearing closed. Mr. Luzinski: isn' t there an easier way than coming to the Board. Mr. Berkal: no, this should have been done when house was built, when the decks were put on we did not know a variance would be needed. Not aware of the problem until we did a title search. Mr. Hacker: I have no problem, mother is no longer living there, it reverts back to a single family. Mr. Charnas made a motion to grant the petition as requested on condition it be used soley as a single family house. Mr. Luzinski seconded. UNANIMOUSLY GRANTED 10 Foster St. - Amy Chevoor Petitioner is requesting variances to allow parcel of land to be divided into two lots in this B-1 district. Mr. Charnas read the application and a letter from the Fire Dept. , opposed because of unregistered vehicles on the street in front of the property. Amy Chevoor represented herself, Mr. Lutts, 90 Orne St. is actually the owner of the property. What he needs is more land for the two family house. Lot B is vacant lot. It looks pretty bad. Dividing this the way we propose will provide three parking spaces for the two family and he would like to sell lot B. Lot A, the lot with the two family needs more land so there will be parking. Speaking in favor: Arthur Chalifour, 7 Walter St. : not in favor or in opposition, just concerned about parking. No one appeared in opposition. Hearing closed. The Board discussed the lot size, the parcel in question is located in a B-1 district and only needs 6,000 sq. ft. of lot area, they questioned the need of coming to the Board. Ms. Chevoor requested leave to with draw her petition. Mr. Charnas made a motion to grant petitioners request for leave to withdraw without prejudice. Mr. Labrecque seconded. UNANIMOUSLY GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE MINUTES - JANUARY 15, 1986 page four 2 Lawrence St. a/k/a 165 Ocean Ave. - Robert Maguire Petitioner is requesting Variances from any and all applicable density and setback requirements in order to construct a duplex in this R-2 district. Mr. Charnas read the application and a letter from the Fire Dept. , still opposed until the issued of correct address has been resolved. Attorney Drucas represented the petitioner. My client has no objection to the use of the Ocean Ave. address. We have a unique situation here regarding the shape of the lot. The lot conforms in that it has 5,000 sq. ft. and at least 50 feet of frontage. As far as density, can only meet if it fronts on Ocean Ave. Cannot build anything on this land without variance. The hardship is the configuration of the land. The lot also was not held in common owner ship. We have side and front and height, need density and rear setback variance. he displayed pictures of the neighborhood. No one appeared in favor. Speaking in opposition: Stephen Lovely, representing his father Warren Lovely, 4 Lawrence St. , at the last meeting, I told the Counsellor I would be away and while I was away they set up meetings with my father. My father will be the one most affected by this project. We are willing to go along with this if the conditions are right. They should be concerned with the other buildings in the area, all the lots are perpendicular. The reason they are submitting it this way is because they two family in. It is obnoxious, there is another way to build on this property, the only reason the entrances are on Ocean Ave. is to provide larger profit to the developer without thought to the neighborhood. Some consideration should be given two the direct abutter. This doesn' t fit in with the neighborhood at all. In Rebuttal: Attorney Drucas; Mr. Lovely talks about consistency in the neighborhood, the pictures I brought clearly show there is no consistency in the neighborhood. If we do as Mr. Lovely suggests, we would be building a wider building. Efforts were made to meet with Warren Lovely, three letters were sent, he did not respond except once in December when he said his son was not in the area, he said he did not want to meet until his son was back. When we found out his son was back we sent another letter and was contacted by his sister. We tried to meet with her and could not reach her. Hearing closed. Mr. Hacker: did you try to contact any of the other neighbors. Mr. Drucas: no. Mr. Luzinski: I am not sure I under- stand Mr. Lovely's position. Mr. Lovely: There are no other houses like this in the area, there is no back yard, all the others have a back yard, I would like to see the building built so that it conforms with the rest of the neighborhood. Put the house towards the front and have a back yard. Mr. Hacker: I think what Mr. Lovely says has merit. I think at this point, where it does have a Lawrence St. address, I would concur with Mr. Lovely. It is my feeling they could change design, I am also concerned that the petitioner is trying to appease one neighbor. Most of the neighborhood is 12 stories. Mr. Bencal: I think if any of the other neighbors were opposed they would be here this evening. The question of neighborhood meetings is moot. Mr. Hacker: that is not the point, we are going to have a lot of things come to us regarding corner lots, the developers should stay in the confines of the neighborhood. Mr. Charnas made a motion to grant the petition requested. Mr. Bencal seconded. The Board voted 4-1 against the motion, Mr. Bencal voted in favor. PETITION DENIED 2 White St. - Robert Ouellette Mr. Luzinski will not be sitting on this petition. Mr. Charnas read the application and a letter from the Fire Dept. , in opposition. Attorney Vallis, representing the petitioner requested a continuance because of the four man Board. Mr. Charnas made a motion to continue until February 19th, Mr. Labrecque seconded. UNANIMOUSLY CONTINUED. Mr. Hacker explained to assemblage that this was continued, will be an open meeting, will not be advertised. MINUTES - JANUARY 15, 1986 page five 291 Jefferson Ave. & 99 Lawrence St. - Raymond Pinault Petitioner is requesting variances to allow premises to be divided, 291 Jefferson Ave. to be used as professional offices and 99 Lawrence St. to continue being used as two family dwelling in this B-1 district. Mr. Charnas read the application and a letter from the Fire Dept. , no objection. Attorney John Serafini Sr. represented the petitioner. He displayed plans of the property. This is located right across from St. Anne's Church. There is no objection from abutters. If this is approved, we have agreed to give an easement to the Pelletiers at 293 Jefferson Ave. We have the needed parking for professional offices, we will give Mr. Pelletier parking for his house and this will allow the Pinaults to have parking for the two family house. Most of the houses on Lawrence Street are close to the street. This will replace old structure that is presently there. This is basically a day time use and we think it will be an improvement. Mr. Bencal: how many offices? Mr. Serafini: one office, there will be five employees, it is a survey company. Not the type of business that will have a lot of cars coming and going. Building will conform with zoning. Speaking in favor: Raymond Pinault. No spoke in opposition. Hearing closed. Mr. Hacker: it is good to see business moving to Salem. This is a nice quiet business. Mr. Charnas made a motion to grant the Variance requested on condition petitioner make all necessary permit applications relative to the installation of automatic smoke detectors, on site parking be provided as per plans submitted and a Certificate of Occupancy be obtained. Mr. LaBrecque seconded. UNANIMOUSLY GRANTED Adams & Canal St. - Esther Realty Inc. Attorney Serafini submitted a letter requesting an extension of a Variance granted January 23, 1985, said extension for a period of six months. Mr. Charnas made a motion to grant this extension. Mr. LaBrecque seconded. UNANIMOUSLY EXTENDED FOR PERIOD OF SIX MONTHS 24 Ward St. - Salem Harbor Community Development Corp. Petitioners are requesting Variance from density and parking to allow a two family dwelling in this R-3 district. Mr. Charnas read the application and a letter from the Fire Dept. , opposed. Michael Barber, Housing Coordinator for the petitioners made the presentation. He submitted packets to the Board members. Our target area used to be the point neighborhood, we have now expanded. We are non-profit. We try to improve life of the people who live in our target areas. We work with the City and State to help get loans. We also try to find affordable houses. To do that, we purchase and renovate houses in the area. We are here tonight to create two new units on Ward St. We were thinking of make this a three unit but after talking to the neighbors who said they felt because of the density and parking they did not want three, we decided on two. This is an R-3 district, the use is an allowed use, we need variance from parking, there is no off street parking on the street except for a vacant lot. In 1978 there was a fire there, it has not been occupied as a two family since then. We would like to make it a two family. We have a Purchase and Sale Agreement. Actually, we would like to have two condominium units for low income, give them an opportunity to own. It would only add one car to the street but I think it conforms with the neighborhood. We have talked with the neighbors and many of the abutters. We have worked closely with the Planning Dept. We feel this will be good for the area because it will give a low income family an opportunity to own property. Speaking in favor: Councillor Martineau: I have no objections. Councillor Nowak: no objections. Mr. Charnas: I don't think this needs a Variance, I believe a Special Permit is MINUTES - JANUARY 15, 1986 page six 24 Ward St. - Continued whats needed. Also speaking in favor, Mr. Robert Healey, 4 Federal St. Court, this was a two family for forty years, it has only been single family for the past few years. I am a new member of the Harbor Community Development Board, this Board has done some good work. The reason for condominiums rather that rental is pride of ownership. Pat Carney, 14-16 Ward St. , this is a problem street, we want to see that turned around, we have no problem with condominiums. Ana Valente, 18 Ward St. , it would improve area. Cynthia Carr, 9 Turner St. , as a resident of Salem I feel this would be a good use of the property, especially for low and moderate income people, we should keep affordable housing in Salem and encourage ownership. Lydia Priest, 30 Union St. , I am also a Board member, I am in favor of anything that creates affordable housing and stabilizes the neighborhood. Reubin Sullivan, 3 Ropes St. , I feel the same. Alan Alcantara, 108 Linden St. , also very much in favor. No one spoke in opposition. Hearing closed. Mr. Bencal: would you object to the units being owner occupied? Mr. Barber: we have no problem with that. Mr. Luzinski: whats your criteria? Mr. Barber: income, living in the area. Mr. Charnas: I have no problem, even if we vote on it as a Variance, there is a hardship. The neighborhood has a parking problem and one additional unit would not exacerbate, I would be in favor if it is owner occupied. Mr. Charnas made a motion to grant the Variance requested on condition each of the two units be owner occupied and a Certificate of Occupancy be obtained. Mr. Labrecque seconded. UNANIMOUSLY GRANTED The Board adjourned the public hearing and went into executive session. The hearing adjourned at 10:00 p.m. , next scheduled hearing to be held February 19, 1986 at 7:00 p.m. , One Salem Green. Respectfully submitted, Brenda M. Sumrall Clerk (-9itU of S,alem, CjD �t sttc zse Puura of A m g w DECISION ,ON THE PETITION OF KENNETH PROVFjXCHER Fd'A SPECIAL PERMIT AND VARIANCE FOR 217-219r IMRING - A hearing on this petition was held on April 20, 1983 with the following Board Members present: James Hacker, Chairman, Scott Charnas, Acting Secretary, Messrs. Piemonte, Hopper, LaBrecque, Associate Members Luzinski and Bencal. 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. The Petitioner has requested a Special Permit to allow him to alter the already' non- conforming 12,140 square foot lot by dividing it into two lots '5,920 square feet (Lot 18) and 6,220 square feet (Lot 16) . Petitioner also asks that a Variance be granted from the setback requirements for a three family dwelling existing on what will be Lot 16. The provision of the Salem Zoning Ordinance which is applicable to petitioner's request for a Special Permit is Section V B 10, 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 VIII F and IX D, 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, nor shall this paragraph apply to billboards, signs, or other advertising devices. 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 a Special Permit will promote the health, safety, convenience and welfare of the -City's inhabitants. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the plans of the property makes the following findings of fact: 1. The proposed division of the property will create two lots which are consistent with surrounding lots; On the.basis of the above finding of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1. The proposed use of the property will not be substantially more detrimental to the neighborhood than the existing use; DECISION ON;THE PETITION OF KENNETH PROVENCHER FOR A SPECIAL PERMIT AND A VARIANCE FOR 217-219 LORING AVENUE 4 m 2. The proposed use of the property will pf4mote c� the health., safety, convenience and welfare of the City's i&abitankgD; o 3. The proposed use of the property is in h ony, Rth the Salem Zoning Ordinance; 4. The setback of the three family dwelling`�rom L�18 is a condition which especially affects the land in question Vut does not-generally effect the zoning district in which the land is located; 5. The condition just described causes special financial hardship. to the petitioner; 6. The desired Variance may be granted without substantial detriment to'.the public good. Therefore, the Board of Zoning Appeal voted unanimously in favor of approving the grant of a Special Permit and a Variance. The Board granted a Special Permit and a Variance under the following conditions: 1. Petitioner may divide the property into two parcels, one containing 6,220 square feet (Lot 16) and one containing 5,920 square feet (Lot 18) . 2. Petitioner may keep the existing structure on lot 16 within five (5) feet of the northernmost property line of lot H. 3. Petitioner must obtain a Certificate of Occupancy and Use prior to the the recording of the plan submitted to the Board. 4. Petitioner may never build or construct a driveway within 'sixteen (16) feet of the northernmost boundary of lot 16. 5. IPetitionermust" lay crushed stone throughout the parking area amt% {rear of the existing_three (3) family structure), - 6. This Special Permit to allow the division of the property will only be in effect for so long as both parcels are owned by the same owner. 7. Petitoner must limit parking on Lot 16 to three (3) parking spaces, no such space to be less than sixteen (16) feet from the northernmost boundary of such lot. 8. Petitoner must landscape the northwest corner of lot sixteen (16) . 9. Petitioner must obtain a Certicate'of'Compliance prior to recording said plat PPEAL FEO.'d THIS OECIS;0!1, IF ANY, SHALL BE MADE:PURSUANT TO SECTION 17 OF THE.MASS. _ NERAL LA 7a CHAPTER. 303, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE ATE OF FILING .° THIS D CI$IOII IN THE OFFICE OF THE CITY CLERK. - Hi;i=Af f TO MASS. GENERAL LA'A'S, CHAPTER.303, SECTION- 11, THE V..4RIANGE_Gl - -.RA.NfEO HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THEDECISIOB. harnas Actin Secretary LIdFfION OF 119- CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL .AS P' ii flt ED. g y ..R )'FIAT. IF S14H AN APPEAL HAS BEEF; FILE. THAT li HAS SEEN DISP,;IS ED OR DENiEO IS RECUIMEO IN THE SOJTH ESSEX, REGISTRY OF DEEDS AND UIOEXE_D LHIOER THE IU;ME OF THE O`n'e:? OF RECORD OR IS RECORDED AND NOiEO ON THE D'IVINER'S CERTIFICATE OF TITLE. - BOARD OF APPEAL A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK 4 >, CD LLJ �t of5ai-em, assachusetts : r i Pnarb of 'Appeal <. �y N66 DECISION ON THE PETITION OF KENNETH PROVENCHER tC FOES SPECIAL PERMIT AND VARIANCE FOR 217-219 LORING. AVENUE cn F- A hearing &90thisc?etition was held on April 20, 1983 with the following Board Members present: James Hacker, Chairman; Scott Charnas, Acting Secretary; Messrs. Piemonte, Hopper, LaBrecque, Associate Members Luzinski and Bencal. 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 40 A. . The Petitioner has requested a Special Permit to allow him to alter the already non- conforming 12,140 .Square foot lot by dividing in into two lots, 5,920 square feet, (Lot 16) and 6,220 square feet (Lot 18) . Petitioner also asks that a Variance be granted from the setback requirements for a three family dwelling existing on what . will be Lot 16. The provision of the Salem Zoning Ordinance which is applicable to petitioner's request for a Special Permit is Section V B 10, 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 VIII F and IR D, grant Special Permits for alterations and reconstruction on 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, nor shall this paragraph apply to billboards, signs, or other advertising devices. 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 a. Special Permit will promote the health, safety, convenience and welfare of the City's- inhabitants. The Board of Appeal, after .consideration of the evidence presented at the public hearing and after viewing the plans of the property makes the following findings of fact: 1. The proposed division of the property will create two lots which are consistent with surrounding lots. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of. Appeal concludes as follows: 1. The proposed use of the property will not be substantially more detrimental to the neighborhood than the existing use; AMENDED DECISION ON THE PETITION OF KENNETH PROVENCHER • .FOR A SPECIAL PERMIT AND VARIANCE FOR 217-219 LORING AVENUE 2, The proposed use of the property will promote the health, . safety, convenience and welfare of the City's inhabitants; 3. The proposed use of the property is in harmony with the Salem F ,F . Zoning Ordinance; 4. The setback of the three family dwelling from Lot 18 is a condS��at especially effects the land in question but does not generally e fe ii'' e A 9 :f� zoning district in which the land is located; CITY CLEm's OFFICI 5. . The condition just described causes special financial :hardship toS FpetIS:one 6, The desired Variance may be granted without substantial detriment to the public good. Therefore, the Board of Zoning Appeal voted unanimously in favor of approving the grant of a Special Permit and a Variance. The Board granted a Special Permit and a Variance under the following conditions: 1. Petitioner may divide the property into two parcels, one containing 6,220 square feet (lot 18) and one containing 5,920 square feet., (lot 16). 2. .Petitioner may keep the existing structure on lot 16 within five (5) feet of the northernmost property line of lot 18. 3. Petitioner must obtain a Certificate of Occupancy and Use prior to the recording of the plan submitted to the Board. 4. Petitioner may never build'-or construct a driveway within sixteen (16) feet of the northernmost boundary of lot, 16. 5. Petitioner must lay crushed stone throughout the p king areaat�t_h rear of_the_existing_three__(3) family_structure. 6. This decision to allow the continued use of the. three. family dwelling will be in effect so long as the petitioner or his heirs continue to own or reside in . the adjacent single family dwelling (lot 18) or so long as the three family dwelling is owner occupied, 7. Petitioner must limit parking on lot 16 to three (3) spaces, no such space to b less than sixteen (16) feet from the northernmost boundary of such lot. 8. Petitioner=must landscape the northwest corner of lot sixteen (16). 9. Petitioner must obtain a Certificate of Compliance prior to recording said plan APPEAL FROM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF F:LI?:G OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. $COtt E. Charna3 ActingSecretary P'JRSANT TO .LASS. GENERAL LAWS. C4APTER 8008, SECTION 11, THE VARIANCE OR SP CIA] Pu:-.� � rY GRANTED HEREIN. SHALL NET ih.'-c EFFECT UNTIL A COPY OF THE^ECISION. KARIPrC THE CE:ZT- - FICATIGN OF THE CITY CLER4 THAT 20 DAYS HAVE ELAPSED ANO NO APPEAL HAS BEEN FILED. _ - OR '.HAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS - RECORDED IN THE StiJTH ESSEX REGISTRY CF DEEDS AND INDEXED UNDER THE NAME OF THE CV!tIER - - - -OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL - A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK . O�M.coxo Puarb of �kp}tettl �wxs MINUTES-OF THE BOARD OF APPEAL - APRIL 20, 1983 A Public Hearing of the Salem Board of Appeal was held Wednesday, April 20, 1983 at 7:00 p.m. , on the 2nd floor, One Salem Green. Notice of said hearing having been duly advertised in the Salem Evening News on April 6 and 13, 1983. Abutters and other interested persons were notified by mail. Present were: Mr. Hacker, Mr. Hopper, Mr. Charnas, Mr. LaBrecque, Mr. Piemonte, Mr. Luzinski and Mr. Bencal. The hearing was called to order at 7:00 p.m, by the Chairman, Mr. James Hacker. Mr. Charms was appointed acting secretary. It was noted that although there are seven members present, each case would be voted on by only five members. Mr. Piemonted made a motion to accept the minutes of the February 16th and the March 16th meeting. Mr. Charnas seconded. MINUTES UNANIMOUSLY ACCEPTED. 13 Lynn St. - Grace Puleo Petitioner is requesting Variances from density and all setback requirements to divide parcel of land into Lots A & B. Mr. Charnas read the petition and letter from the Fire Marshal (on file) . He also read a letter from the Planning Board which requested a Maintenance Easement be required by the Appeals Board. Miss Puleo introduced Mr. Joseph Seracino who would be representing her. Mr. Seracino presented a petition in favor signed by the neighbors. (on file) Mr. Seracino explained the plans and said they had no objections to the granting of an easement to allow maintenance, but explained that the property is going to stay in the family. Miss Puleo said there was aluminum siding so there is very little maintenance necessary. Said she was going to sell to her nephew. Mr. Piemonte asked how much of an easement would be supplied, should the Board set a certain amount of feet for the easement. Mr. Charnas said he felt it should be just a general statement rather that a set amount. Mr. Luzinski asked if the easement would be written into the deed. Mr. Seracini said it was. Mr. Luzinski then asked if it is on the deed, do we have to spell it out. Mr. Charnas again said he thought_a general statement would be enough, was concerned about getting too specific. Mr. Seracini suggested saying reasonable access to lot A. No one appeared in favor or in opposition, Hearing closed. Mr. Charnas made a motion to grant the petition for variance to zero setback and density requirements on Lots A & B on condition a maintenance easement be granted for reasonable access to Lot A not to exceed four feet. Mr. Labrecque seconded. VOTING TO GRANT: Mr. Hacker, Mr. Labrecque, Mr. Piemonte, Mr. Luzinski, Mr. Charnas. GRANTED A 262-272 Highland Ave. - Tri-City Sales, Inc. Petitioner is requesting an Administrative Ruling from tle Board to determine whether a Variance is necessary to use a portion of the property in the rear of the premises for parking, said portion being in an R-1 zone. Mr. Charnas read the petition and a letter from the Fire Marshal (on file) . Petitioners were not present. Mr. McIntosh, Zoning Enforcement Officer, explained to the assemblage that on December 13, 1982, he + received a complaint from Attorney Decoulos, representing George & Linda Zambouras, to the effect that Tri-City Sales was using land located in an R-2 district for a use that MINUTES - APRIL 20, 1983 page two 262-272 Highland Ave. - Continued • is not allowed in that district. On December 15, 1982, a lettertoDavid Cohen of Tri-City Sales was sent informing him of the zoning violation and saying he must cease and desist immediately. Said letter also informed him _of the necessity of making an application for a variance. Since writing the letter, Mr. McIntosh said, he has driven by the site a number of times and at none of these times was there any trucks parked there, so he has witnessed no zoning violation. On March 2, 1983 the Board of Appeal received a communication from Attorney Decoulos which stated his clients were aggrieved by the failure of the Building Inspector to enforce the zoning ordinance. On March 23, 1983, the Board of Appeal sent a letter to Mr. Decoulos informing him an application was before the Board. Mr. Charnas asked how long Tri-City has been using this lot for parking. Mr. McIntosh said 5 years that he knows of, he again stated that since he has sent them a letter, they have not used it as parking. Mr. Hacker said he has gone by there and seen no trucks, all they are asking for is whether they need a variance or not and he felt they did. Mr. Charnas said this petition was not properly before the Board, unless the petition for variance is before us, we cannot act. Mr. Piemonte asked if we are going to decide if they need a variance. Mr. Charms said it is not up to us. Mr. Zambouras, 18 Marlborough Rd., asked to address the Board. Mr. Hacker told him the Board was not going to act on a variance tonight. Mr. Decoulas attorney for Mr. Zambouras, said he thought they had to make a decision tonight. He complained he never received a copy of the letter sent to Mr. Cohen from the Zoning Enforcement Officer, claimed they have raised elevation of tie property. Mr. Hacker ' questioned whether we should respond to this application. Mr. Hopper and Mr. Piemonte r both agreed this was not properly before the Board and there is nothing to act on. Att. Decoulas said it is a violation and they should have the Building Inspector do his job. Mr. Piemonte said he did not think the Building Inspector is at fault, that he has done his job. Mr. Charnas made a motion to take no action on the petition as it is not properly before the Board and it is the roll of the petition to apply for a variance. Mr. Hopper seconded. VOTING TO TAKE NO ACTION: Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte, Mr. Charnas. NO ACTION TAKEN " 217-219 Loring Ave. - Ken netIT Provencher e Petitioner is requesting a Special Permit and Variance to divide parcel of land into two lots, 16 & 18;-o construct a single family dwelling on lot 18. Mr. Charms read the petition a a letter from the Fire Marshal. (on file) Attorney George Vallis represented the petitioner. He explained to the Board that the petitioner wants to divide the present 12,140 sq.ft. lot into two lots (16 & 18) . He submitted a letter from Mr. Joseph Alen, a personal reference for Mr. Provencher; he also submitted a petition signed by abutters, in favor. He then presented the Board with copies of the deed. (on file) He passed out copies of the assessors map and indicated on said map where there are many lots in that neighborhood with less footage. He explained he had originally submitted for a Special Permit but was told by the Building Inspector j that because of the existing garage on lot 18, a variance would also be needed. The garage on lot 16 will be demolished. An easement will be granted to the tenants of the three family dwelling on lot 16 to allow them access to parking area in rear. The petitioner presently lives in the three family and he will continue to own it. They would have no objections to the restriction that he continue .to own..it. He said there will be room for 5 cars in the rear, single family will use garage. No one appeared in favor. Arthur Birmingham, 215 Loring Ave. , spoke in opposition. Concerned about the water problem. Said the property was on sea level, and it would cause him to get a lot ' of water in his basement. He was also concerned about cars driving in and out, he thought they would be going past his house. Mr. Hacker should him on the plans where the driveway will be between the 3 family and the proposed single family. Hearing closed. Mr. Vallis said that if there is a water problem, this project will not add i . d ` MINUTES - APRIL 20, 1983 F. page three 217-219 Loring Ave. - Continued 1 . T to it, there will be no change in the elevation. They would have no objection to a condition that the NW side never be used as. adriveway. Mr. Piemonte asked the Building Inspector if. he was aware of any water problem there. Mr. McIntosh said he had never seen any flooding there. 'Mr. Hopper asked whether the Board should check into whether this is a legal three family or not. Mr. Hacker said they should A-_ --T� not r. Vallis said-the p act on something that is not before us. Marking area will_b6 c-h d stone Mr. Charms moved to allow the p itio a-to`divide the property into two-lots;lot}18 containing 6,220 sq.ft. ; lot .16 containing 5,920 sq.ft. and to allow setbacks to allow existing garage-to within five feet of side yard of lot 16 and to allow existing 3 family"structure to within five feet of side yard of lot 18 on condition that a Certificate of Occupancy and use be obtained prior to occupying single family; no driveway to be built within 16 feet of NW boundary of lot 16; parking area will be of crushed stone; three family will remain owned by the petitioner; 3 parking spaces will be'6intained on lot 16,'no closer than 16 feet of the NW side; NW side of lot 16 will be"landscaped; -a Certificate of Compliance must be obtained from the Fire Marshal prior to occupying single family; Mr. Luzinski seconded. VOTING TO GRANT: Mr. Hacker, Mr. Hopper, Mr."Piemonte, Mr. Luzinski, Mr. Charnas. f GRANTED > 5-7 Summer St. - Richard & Diane Pabich 4 ' Petitioners are requesting variances from parking requirements and use to allow residential apartments. Mr. Charnas read the petition and a letter from the Fire Marshal. Attorney George Vallis represented the petitioners. He explained the plans • and read section of the Heritage Plaza West Urban Renewal Plan (SRA) . He said it would be difficult to rent rooms on the fourth floor.--ere will be two one bedroom apart- ments. He pointed out that there are many residential places in this area. The rooms would be for tourist, the apartments would be rented year round, there will be no kitchens in the 12 rooms. No one appeared in favoz- or in opposition. Hearing closed. Mr. Vallis told the Board that they would try to.make arrangements with Texaco for parking. Mr. Charms made a motion to grant the petition to allow two one bedroom apartments on the fourth floor and to grant the variance from parking requirments on condition a Certificate of Compliance and a Certificaterof Occupance and Use be obtained prior to renting said units. Mr.` Hopper seconded. VOTING TO GRANT: Mr. Hacker, Mr. Hopper, Mr. LaBrecque, Mr. Piemonte and Mr Charms. GRANTED 17 Varney St. - Robert & Teddie Hartwell -- Petitioners artwell Petitioners are requesting a Variance to allow construction of a stairway to within:" four (4) feet of side line. Mr. Charms read the petition and a letter from!ihe Fire;,', Marshal. Robert and Teddie Hartwell represented themselves. Explained. plaas to t,. Board. Stairway will be a third floor egress, it is a single family dwelling, owner�`�' occupied. They showed on the map where there is a severe drop in the sear, makingit z fy impractical to put the stairs there. Mr. Charms made a motion to grantthe va;iaace.' and allow construction of stairway to within.four feet of the sideline.on condition¢' all work be in strict accordance with plans on file• a$d a Certificate of Compliancel be obtained from the Fire Department Mr. Hopper seconded. VOTING TO GRANT M Hacker, Mr. Hopper, Mr. LaBrecque, Mr Piemonte, Mr. Charms. GRANTED °firs r, yy F MINUTES - APRIL 20, 1983 `.` page four 24 Horton St. - Linda Baillie . Petitioner is requesting a variance from lot area, coverage, width and setbacks to construct a single family dwelling. Mr. Charms read the petition and letters from the City Engineer's Office and the Fire Marshal. Craig and Linda Baillie represented themselves. They explained this was the last lot on the street, this would not only finish the street, but would add to the aesthetic value. They submitted a petition, in favor, signed by the neighbors. Linda Baillie, referring to the letter from the City Engineer's Office, said she had put sewer lines in about one year ago, they will put in septic system. Speaking in favor was Robert Talbot who stated the Baillies were good people who belong in the neighborhood. Felt there plan was feasible. In opposition Robert Peck, 1 Church St., Attorney for William French and Kathleen O'Donnell, 22 Horton St., said his clients were concerned about the impact of the septic system, there is surface water on the property, he showed pictures to the Board. Said there had been no hardship shown, any variance granted must not be detrimental to the neighborhood. Sue Cawley, lot size too small. Fred French, reiterated what Ms. Cawley said. Leo . Beaulieu, 27 Horton St., did not think any Engineer would approve of the septic system, concerned about leaching. Asked about perc test. Ms. Baillie said it had passed the perc test. In rebuttal, Ms. Baillie said the lot is small, but there is plenty of room, as far as the septic system is concerned, it would have to be approved before I could build anyway, Doesn't think it is an issue for tonight. The drainage is good. It would be hardship if this is denied. Hearing closed. Mr. Piemonte, referring to the percolation test done by Essex Survey Service (on file), said he did not undertand this and it would make it hard for him to make a judgement based on this. Mr. Hacker said he had difficulty going along with this project with the plans that have been submitted. Mr. LaBrecque felt the septic system should be installed and shown. Mr. Hopper did not feel the septic system was our concern, we are concerned with lot area. Mr. Hacker said the perc test tells us nothing. He then asked Attorney Peck if their concern was with • water or with the house. Att. Peck said both, Mr. French already has water in his basement and this will worsen the situation. The other abutters also concerned with water problem. Mr . Hopper asked if the septic system got approved , if that would solve the problem. They did not feel that it would. Mr. Hacker asked the Baillie ' s if at this time they would like to withdraw without prejudice . Mr . Baillie said the question before this Board is size of the lot , not the water problem . Mr . Piemonte explained to her that the Board is trying to meet the needs of not just the applicants , but also the neighbors . The Baillie ' s then requested leave to withdraw without prejudice . Mr . Luzinski moved to allow petitioner to withdraw without prejudice , Mr. Charnas seconded . VOTING TO GRANT LEAVE TO WITH- DRAW : Mr . Hacker , Mr . Hopper , Mr . Piemonte , Mr . Luzinski , Mr . Charnas . i PETITION WITHDRAWN a Hearing adjourned at 9 : 50 p .m. , next scheduled hearing will be held April 27 , 1983 at 7 : 00 p .m . , 2nd floor, One Salem Green . Respectfully submitted. Brenda M . 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