490 LORING AVENUE - BUILDING INSPECTION 440 i ORING AVENUE
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FORM A - DECISION m
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Ms. Josephine Fusco m Fr+
City Clerk z
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Salem, MA 01970 m
J Dear Ms. Fusco:
At a regularly scheduled meeting of the Sale-. Planning Board held
on May 5, 1988 it was voted to endorse "n_Yroval Under Sub-
division Control Law Not Required" on the following described plan:
1. Applicant:
Rosemary and Harold Broadbent
490 Loring Avenue
Salem, NA 01970
2. Location and Description -
1. 10,000 s.f. described as lots 2 and 103 in plan book 36, plan 17,
address 490 Loring Avenue.
2. 22,193 s.f. described as lots 111 and 112 in plan book 36, plan 17,
address 31 Cedarview Street.
Deed of property records in Essex South District Registry.
Sincerely,
Walter Power III
Chairman
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LOCUS PAP _
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NOTE 5
I. 1-07 I /S SY,401 ON PLRN RECORDED IN PLRN
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LOT 0 f 3 192E SH66VAI ON P[RN 2ECO2DEO A/ PLAN
BOOK :56 , P[AN/7 As 1-075 Hl g 112 .
2 LOT 2 TO BE COkV£VED 70 / 70 FMR OVE
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490 Loring Avenue c�`{�` � �S aE ';T
Salem, MA 01970
June,17r 1983
Jury Zi 10 21 P, '83
RECEI,,E0
Mr. Richard McIntosh CITY OF SALEk1WASS.
Building Inspector
1 Salem Green
Salem, MA 01970
Dear Mr. McIntosh:
In September, 1982, we were given several estimates by local contractors of the
cost of repairing our outdoor steps. The lowest bid was given by Mr. William
Semons, Atlantic Home Contractors, 92 Bridge Street, Salem. I enclose a copy of
his proposal. Before we hired him, I spoke to your office regarding the status
of his license. I was told at the time that he was licensed, and I was also
warned to be sure he had a permit for the job.
On the day we signed the proposal, he assured us that a permit was not necessary
"for such a small job." We accepted his word. The work was begun on November 1,
1982, at which time my husband gave him a check for $700.00. It was completed
on November 3, 1982, and 3 gave him a check for the balance, $700.00. This repre-
sented our entire savings, but we felt the expense was necessary because of the
unsafe design and condition of the steps.
We could not use the steps for" several days, so we did not realize how uneven the
risers were. While we were deciding what to do about that problem, the steps began
to disintegrate in the icy weather. There was a pile of sand at the bottom after
each freeze and thaw. The steps and connecting walk are now ugly and pitted with
depressions that gather water and freeze during the winter. The old part of the
walk, built fifty years ago, looks much better.
I have called Mr. Semons at least six times and left messages. My husband did
manage to speak to directly once early this year. He agreed to come and look at
the steps but never came or communicated with us. I sent him a Certified letter
on April 9, 1983v which was unclaimed for over a month, although the envelope
indicates he was notified four times.
We are at a loss over what to do next. We would like Mr. Semons to return our money
or to do the job over. We will be very grareful for any help your office can give
US..
Sincerely,
Mrs. Herbert/ L. Broadbent
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HERBERT L. BROADBENT 3016
ROSEMARY BROADBENT
490 LORING AVENUE
53-176/113
.. SALEM, MA 970
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490 Loring Avenue
Salem, MA 01970
April 8, 1983
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" Mr. William Semons
Atlantic Hoe Contractors
} 92 Bridge. Street
r Salem, MA 01970
Dear Bill:
In November, 1982, you repaired the steps and walk outside our home
at the above address. For that job we paid, as agreed, $1400. During
the winter, however, the surface of the steps and walk has deteriorated
visibly. We are very anxious to have the work redone, because the
walkway will soon be unsafe.
I have left at least six messages on your telephone answering machine,
i and my husband spoke to you lastmonth, at which time you agreed to
come and look at the steps. We have not heard from you to date.
I realize that this is your busy season, but I feel it is important
that this job be properly completed. If you are unable to correct the
problem by May 1, 1983, 1 will get an estimate from another contractor.
We will, of course, expect you to pay for the work, no matter who does it.
We hope to hear from you soon on this matter.
Sincerely,
' M�HerberMBroadbent
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DECISION ON THE PETITION_.OF HERBERT.&. ROSEMARY BROADBENT FOR A
SPECIAL PERMIT AT 490 LORING AVENUE 4-1 )
A hearing on this petition was held February 15, 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal, Vice Chairman; John
Nutting Secretary; Edward Luzinski and Peter 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
Petitioners, owners of the property, are requesting a Special Permit to construct
an addition in this R-1 district.
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 lots, lands, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition presented.
2. The proposed addition will be for a bedroom.
3. The proposed addition will allow the petitioner fuller use of the home.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The grant of the special permit will promote the safety, convenience
and welfare of the City's inhabitants..
Therefore, the Zoning Board of Appeal voted 4-1 in favor (Mr. Bencal opposed)
of the request for the Special Permit, subject to the following conditions:
r
DECISION ON THE PETITION OF HERBERT & ROSEMARY BROADBENT FOR A SPECIAL
PERMIT AT 490 LOPING AVE. , SALEM
page two
1 . All construction be as per the plans submitted and in accordance
with all existing city and state building codes. All dimensions
shall be as per the plans submitted.
2. Petitioner meet all requirements of the Salem Fire Department
relative to smoke and fire safety.
3. The exterior finishes of the new addition shall be in harmony
with the existing structure.
4. Petitioner obtain a certificate of occupancy for the new addition.
GRANTED
12
ham A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE 'S
'.'NERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DACE GF
CF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
1''"SANT TO "BASS. CENERAl L5'.7 CHAPTER 808, SECTi-,N ll. THE VARIANCE GP O°7!1' ^IT
RANIEO HERCii! SHALL N _ ERECT 'Jia IL A COPY OF THE
r ILATOOPI OF THE CI' '1ER:, �.�_: _.� CA"S H'VE _LAPS.'.'-.0 INJ NO f,?P-AL
-!2 71117 ;.F SUi -`1 APPEAL N 'r LE i iX11 11 H kS GEcil
R ECOItCZD IN THE SOJiH ESS,:: Rn-!=Y CF D_:. , AND INDEXED U1'q DER L E !,A.,:L7 _- -
JF RECORD OR IS RECORDED AND NOf ED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL