7 MARCH STREET - BUILDING INSPECTION -;7t114AkH STREET
I.
✓d
�pUD4�� CITY of SALEM, ML1SS.�CHUSETTS
BOARD O APPEAL
loll OCT
g�cG'tt V6 D0 S .: 1,NAti iits 019?.OWnsniNc louSierrn5 P 123
- Teu.:978-619-5685 ♦ f im 978-740-0404
Kiame.eiaerbaiscoi.i. FILE [!
MAYOR CITY CITY CLERK, SALEM,MASS.
October 25, 2012
Decision
City of Salem Zoning Board of Appeals
Petition of MARYANN KOCUR requesting a Special Permit to extend a nonconforming
two-family home with the addition of third-floor dormers on the property located on 7
MARCH STREET CT (112 Zoning District).
A public hearing on the above Petition was opened on October 17, 2012 pursuant to glass General
].aw Ch. 40A, § 11. The hearing was closed on October 17, 2012 with the following Zoning Board
of Appeals members present: Rebecca Curran (Chair), Bonnie Belair,f immv Tsitsmos, and Richard
Dionne.
petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped September 24, 2012, petitioner requested a Special Permit to
construct a third-stoty dormer on the property located at 7 lllarch Street Court.
2. At the hearing, the owner and petitioner, Nlarvann Kocur, presented the petition.
3. At the hearing, no member of the public spoke in favor of or against the project.
The Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the plans and petition submitted, makes the following findings:
1. Desirable relief may be granted without detriment to the public good and without nuIlifyiug
or substantially derogating from the intent or purpose of the zoning ordinance, since the
proposal is in keeping with the neighborhood and the relief requested is minimal. The Board
finds that the project will have no adverse effect on the neighborhood or the city that would
outweigh its beneficial impacts.
2. In permitting such change, the Board of Appeals requires certain appropriate conditions and
safeguards as noted below.
l
jl
On the basis of the above findings of fact and all evidence presented at the public hearing including,
but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted four
(4) in favor (Curran, Dionna,Tsitsinos and Belait) and none (0) opposed, to grant the requested
Special Permit, A Special Permit under Section 3.3.5 is granted to allow for the proposed addition
as shown on the submitted plans.
The Board of Appeals voted to grant petitioner's request fora Special Permit subject to the
following terms,conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be
strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
(. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to, the Planning Board.
Rebecca Curran,Chair
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General
Laws Chapter 40x1, and shall be tiled within 20 days of filing of this decision in the office of the City
Clerk. Pursuant to the Massachusetts General Laws Chapter 401,Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision hearing the certificate of the
City Clerk has been filed with the Essex South Registry of Deeds.
vr.
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
'\,pB TEL. 978-741-1800
Q' FAX 978-745-0343
STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
July 29,2003
Mark Petit
7 rear March Street
Salem, MA. 01970
Dear Mr. Petit:
In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General laws, 105 CMR 400.00: 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 conducted of your property at 5 Skerry Street Court(Lot) in the City of Salem, Massachusetts, by
Jeff Vaughan,Sanitarian of the Salem Board of Health on July 29, 2003.The following violations of the State Sanitary Code were noted,
as checked ;
CMR 410:600 Storage of Rubbish and Garbage
_ CMR 410:601 Collection of Rubbish and Garbage
X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D)
BOH Regulation#7
Description of Violations:See Enclosure(s)
410.600: Storage of Rubbish and Garbage
(A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and
covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other ddrable, rodent-
proof material.Garbage and rubbish shall be put out for collection no earlier than the day of collection.
(B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with
tight-fiting covers as required in 105 CMR 410.600(A) provided that the plastic bags may be put out for collection except in those places
where such practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines
that such practice constitutes a health problem. For purposes of the preceding sentence, in making its determination,the Department shall
consider, among other evidence of strewn garbage,torn garbage bags,or evidence of rodents.
(C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of
any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient
to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no
objectionable odors enter any dwelling.
(D) The occupants of each dwelling, dwelling unit, and rooming unit shall be responsible for the proper placement of her or his
garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner.
410.601: Collection of Garbage and Rubbish
The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house, and the occupant of any
other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of:
(A) The regular municipal collection system;or
(B) Any other collection system approved by the Board of Health;or
(C) When otherwise lawful, a garbage grinder which grinds garbage into the kitchen sink drain finely enough to a(sure its free
passage, and is otherwise maintained so as not to create a safety or health hazard;or
(D) When otherwise lawful, a garbage or rubbish incinerator located within the dwelling which is properly installed and which is
maintained so as not to create a safety or health hazard;or
(E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health
(see 10410.840)
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 or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of
the general public.
(B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and
free of garbage,rubbish, other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls.
(C) Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the
occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish,other filth or causes of sickness
the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs, stairways,or
landing are not used by another occupant.
(D) Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of
garbage,rubbish,other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not
occupied or controlled by the occupant exclusively.
(1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or
which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a
clean and sanitary condition free from garbage, rubbish, other filth or cause of sickness that part of the passageway or right-of-way which
abuts her or his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he
owns.
Board of Health Regulation#7 Section 3.10: Containers or Bundles of Household and OrdinaDL Commercial Waste Garden and Lawn
Waste: These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the
day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the
same day as emptied. No commercial establishment shall place or cause to be placed more than four barrels or other containers of
ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal.
You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice.
Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem Dist ict 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 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 be present at the hearing.
One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of
the occupant(s)or the general public.
If you have any questions,kindly contact this office at(508)741-1800.
Fgr the Board of Health: Reply to:
JoannaScott Jeff Vaughan
Health Agent Sr.Sanitarian
CC: fire prevention office, bldg. insp./
c-g-trash
CITY OF SALEM HEALTH DEPARTMENT
• ' . Salem, Massachusetts 01870
Trash Letter Violations
To: ANIel Z�Cp�'7T Date: 9z
Address:
City / State: ���� 107V9.
Property At:
Violation Numbers: _ 600: Storage of Rubbish and Garbage
601 : Collection of Rubbish and Garbage
__k/ 602: Maintenance of Areas From Rubbish and Garbage
B.O.H. Regulation #7
Complaint: f �� 77,
—._ /�"� '.�•-�/1c CJ'7o..e �•-�sf Go,.-e�veTE.� . T/-fie .+aC�c_ry�_, L✓e',-�l oGv__rr_�..�.
_ ��ti�� �—,�i:/�'��c�.2�.✓ /SUr e.� �ee.T J� e���en //��/ �v�cr.
/�L.1 S..7.2// //.9c.9 T �T 4. "�/ /�Fa ' • � i' {' �OSv �2d.t-�.••,:i�
—... � �-----— i—�—
cc: Mayor's Office Ce Pry Building Inspector ✓_
Ward Councillor Other
�P Citp of balem, Anoubugettg
Vublic Propertp 30epartment
Jguilbing Mepartment
One 6atem Oreen
745-9595 aCxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
July 9, 1991
Norma Jaremsek
7 Maple Street
Salem,MA 01970
RE: 7 Maple Street
Dear Ms Jaremsek,
Due to complaints received at this office, a site inspection was
done at the above referenced property. Upon inspection it was noted
that a swimming pool was erected without the benefit of a building permit.
Be advised that this is a violation of the Mass State Building Code,
Section 113. ( no permits on record 0. Please contact this office within
seven days of receipt of this letter. Failure to do so shall constitute
further legal action.
Sindrely,
_ David J. Harris _
Assistant Building Inspector
D,TH/eaf
cc: City Solicitor
Ward Councillor