4 MAPLE AVENUE - BUILDING INSPECTION �' 4`MAPLE AVENUE
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DECISION ON THE PETITION OF MARY PELLETIER (PETITIONER) , FRANCIS
MCMANUS JR. (OWNER) FOR VARIANCES ATL MAPLE AVEN )'
A hearing on this petition was held March 7, 1990 and continued until March 28,
1990 with the following Board Members present: James Fleming, Chairman; Messrs. ,
Bencal , Febonio, Luzkinski and Associate Member Dore. 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 is requesting Variances to allow the construction of a single family
dwelling to be completed and to raise the existing roof line. Property is located
in an R-1 district and is currently owned by Francil McManus Jr.
The Variance which has been requested may be granted upon a finding by this
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing and after viewing the plans, makes the following findings of fact:
1 . An unfinished (since 1981 ) single family dwelling existing at the site
would be completed as a single family dwelling. -
2. The property is in a single family neighborhood, therefore the requested
variances would not change the character of the neighborhood.
3. A petition in favor of the proposal was signed by nine individuals.
4. * Concerns about privacy and loss of light expressed by an abutter were
adquately addressed by design changes.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship on the petitioner.
J
DECISION ON THE PETITION OF MARY PELLETIER (PETITIONER) , FRANCIS MCMANUS JR.
(OWNER) , FOR VARIANCE AT 4 MAPLE AVENUE, SALEM
page two
3. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The requirements of the Salem Fire Prevention Bureau be met.
2. Construction must be in accordance with State and City Building Codes.
3. Construction must be in accordance with amended plans submitted 3/28/90.
4. Dwelling must be a single family.
5. Certificate of Occupancy must be obtained.
VARIANCE GRANTED
Peter A. Dore, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, If any, shall be made pursuant to Section 17 of
the Mass.General Laws,Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance
or!pecial Permit granted herein shall not take effect ent:: a ropy of the
decision, bearing the certification of the City Clerk thit 20 rays have
elapsed and no appeal has been filed, or that, if such appeal has been
filed, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and Indexed under the name or the owner of record or,
Is recorded and noted on the owner's Certificate of Title,
BOARD OF APPEAU
3�6�qs-
SENDER:
• Complete items 1 and/or 2 for additional services. I also wish to receive the
• Complete items 3,and 4a s It. following services(for an extra fee):
• Print your name and address on the reverse of this form so that we can return this card
to you. 1. ❑ Addressee's Address
• Attach this form to the front of the mailpiece,or on the back if space does not permit.
• Write'Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered to and the Consult OStmaSter for fee.
date of allP
3.Article Addressed to: 4a.Article Number
Haar E. Pelletier P 921 991 691
3 13roo,c^ Street 4b.Service Type
S,;le:,, Mann. 01170-
D
7.IfTelildri�
5.Signaturddressee 8. or s Core .�
( es fee paid.)
6.Signature—(Agent)
PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT
United States Postal Service II
Official Business
PENALTY FOR PRIVATE
USE,$300
III III III III III III III IIIIIIIIIIIIIIII IIIIIIIIIIIIIII
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
Tito of *alem, fassa0usetto
ilublir Prnpertg Department
tiguilbing Department
(One dalem Green
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer February 27, 1995
Mary E. Pelletier
3 Brooks Street
Salem, Mass. 01970
RE: 4 Maple Avenue
Dear Ms. Pelletier:
This office has received complaints of unfinished work at the above
mentioned property. According to our records, a building permit was issued on
8/10/90 for building a dormer, rear deck, and renovation as per Board of
Appeal decision. The building permit must be renewed after a period of six
(6) months if there is no activity.
Please notify this office upon receipt of this letter to inform us as to
your course of action in this matter.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
C �C64lt'6(t
Leo E. Tremblay
Inspector of Buildings
LET: scm
cc: Councillor Blair, Ward 7
Frank Kulik
Certified Mail # P 921 991 691
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'81 OCT -7 P3 :06
DECISION ON THE PETITION OF FRANCIS McMANUS
REQUESTING A VARIANCE FOR 4 MAPLE AVENUE CITY CLERKS OFFICE
SALcLi P_A.SS
A hearing on this Petition was held on September 23, 1981 with the
following Board Members present: Douglas Hopper, Chairman; Messrs.
Piemonte, LaBrecque, Hacker and Associate Member Lusinski. Notice of
the hearing was sent to abutters and others and notices of the hearing
were published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
The Petitioner has requested a variance to convert an existing one-
family dwelling into a two-family dwelling. A variance is required because
the building at 4 Maple Avenue is in an R-1 district where the. proposed
use isprohibited without a variance.
The Board of Appeals, after consideration of the evidence presented
at the public hearing and after viewing the property makes the following
findings of fact:
1) The property in question is in a single-family neighborhood and
the property is in no way unique.
2) The granting of the requested variance would change the character
of the neighborhood.
3) The granting of the requested variance would be detrimental to the
area and inconsistent with the Zoning Ordinance which has designated the
area in question as an area for single-family homes.
On the basis of. the above findings of fact, and other evidence presented
at the public hearing, the Board of Appeals concluded as follows:
A. The Petitioner failed to establish circumstances relating to
his land which affect that property but do not generally affect the zoning
district in which the property is located.
B. The Petitioner failed to establish that a literal enforcement of
the provisions of the Salem Zoning Ordinance as applied to this property would
involve substantial hardship to the Petitioner.
C. The Petitioner failed to establish that the requested variance
could be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent and purposes
of the Salem Ordinance.
APPEAL R7.1 ThIS n-:.IS I? . �( ZIIAU UE f AD Purnj .x TO S°CT' - 7 -'+ .S, -
Cc-'ERAL L - �_, .;. t Thezefgre,., the,B9 {dso,, EZoning _Appea.Ts unanimously voted to deny the
u Tlils D71;-_: i.. requested relief tLE.. he Board denies a variance to the Petitner.
GUA"'!E3r- .i.. .F:"!. ii_. _U U^:'IL 1 CSP! OF TRC:
Fi:AT:;M UF.T!i: EJ.KED AND 'd.
CR THAT. ° S""`i P - '' t ':. THAT IT RAS SEF! M.
P.EC?^,OEU L. T4_ x:a.� EoR7 !:.'i t Lr CEZ:'S AND ISDE._, i IL l.i_ :.r�i�p�rY_T'• Feeh r
OF RECDRD OR IS RE60ROEO AND NU';U Ott THE P!lNZR'S Cu".Tii:CATE O: TITLE. 'Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK AND THE PLANNI G BOARD.
BOARD OF APPEAL - -
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Date : Anri ]. ?1 . 1981
��..
Name : Mary Ni.hill,_ Owner Re : Out I'iui.ldinrz
Address: 129 Wyman St. , Lynn, Mass . at 4 Marls Ave . Salem. Ma.
G.
As a result of an inspection this date of the premises, structure,
open land area or vehicle owned, occupied or otherwise under your
control, the following recommendations are submitted and shall serve
as a notice of violation of fire laws. These recommendations are
made in the interest of fire prevention and to correct conditions
that are or may become dangerous as a fire hazard or are in violation y
ate, of law.
You are hereby notified to remedy said violations named below within
f.� rAa soya of above date.
Such further action will be taken as the law requires, for failure
to comply with the above requirements within the stipulated time.
(Reference: General Laws of Commonwealth of Massachusetts, Chapter 148,
Section 30; and the Salem Fire Code Article 1 .)
1 . Outbuilding located. at rear of 4 Maple Ave. Salem, Ma . property
has been extensively damaged by fire on this date .
F' 2 . You are hereby notified to remove the remaining parts of this
fire damaged structure , to eleminate any further fire hazard
to the structure and adjacent garage , which was also damaged.
Such fire damaged structures became a common nuisance and
are subject to furthur vandalism . You therefor are requested
to comply with the above order to eleminate any furthur fire
hazard.
•.•r Violation of Chapter U-�8, Section 5 M .(, L .
Violation of Article 1, Salem Fire Code .
.
Per O rNd e r a `"
Certified Mail:
„.. P05-0;8�+582 Capt . David J. Goggin ✓✓
Salem Fire Marshal
v � ,
=1' i .cc : Building Inspector
Ns Health Department
File,
F ti,
?ort2i 25A(9/75)
Ctu of "iale111,
` � ' r ttC,Cic `irn er# + e ar#utettt
P, ui1Nn_g Department
R.T.CMcIntosh .
Ocie -, FZdvm (Green -
71_i-0213
May 1, 1981
Ms. Mary Nihill
129 Wyman Street/
Lynn, MA 6 11 d J
RE: 4 Maple Avenue
Salem, MA
Dear Ms. Nihill;
Pertaining to your property at 4 Maple Avenue, Salem, please be advised that
you are required to comply with the following:
1. Remove the out building as ordered by the Salem Fire Dept.
2. Close in the spaces that exist under the main building to
prevent the possibility of anyone crawling in and causing
further damage, also to eliminate the danger that exists whereby
persons or animals may become trapped and unable to get out.
The burden of providing for the Safety and Security of the property is your
responsibility.
Please contact this office if you have any questions.
Very truly yours,
Y
91 '1�e
Richard T. McIntosh
Building Inspector
Zoning Enforcement Officer
RTM/kad
cc. Fire Dept.
Health Dept.
Mrs. John Levasseur
2 Maple Avenue
Salem, MA 01970