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80 MARGIN STREET - BUILDING JACKET 80 Margin St. John A Femino 90 Margin Street Salem,MA 01970 Home Phone(978)741-2842 Email Jafeminol@,msn.com April 13, 1999 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer City of Salem I Salem Green Salem, MA 01970 Dear Mr. Strout, I'm writing this letter as a follow-up to your letter dated April 1, 1999. I have had a meeting with the Mayor on April 8, 1999. We reviewed the issues,your letter, and my letter. The Mayor seems to agree that I have some legitimate concerns. In reference to your letter: 1. How do you know what"all"my complaints are? You have not spoken to me directly for 5 or 6 months. 2. 1 do live in a"residential neighborhood". According to city zoning this is R-2. 3. If you have contacted the owner and contractor of the complaints,they have mostly ignored them until recently. 4. I've always tried to be a good neighbor especially to Mr. Fitzgerald. I have raised concerns with him and his night delivery truck driver in the past in a friendly neighborly way,but every time I've been congenial to them they have ignored me. 5. On April 8, 1999, 1 informed Ward 3 Councilor, Joan Lovely of"other"neighbors who have some similar complaints to mine and some different complaints. The neighbors live adjacent to NAPA'S parking lot in the green house. Please contact me to discuss the issues. ( '�" 'Siin"cer`�ely,, J� ohn A. Femino '� cc.Mayor Usovicz Al Viselli Councilor Lovely 'LNina Cohen,Chairman, Salem Board of Appeal John A Femino 90 Margin Street Salem,MA 01970 Home Phone(978)741-2842 Email Jafeminol@=n.com March 22, 1999 City of Salem [Building Inspector Dept 1 Salem Green Salem,MA 01970 To whom it may concern, 1. I request that the special permit at 80 Margin St. be revoked. 2. I believe that the owner and builder are in non-compliance to the special permit. 3.' I believe concerns of some neighbors are still being ignored. 4. Some complaints about violations during construction have been ignored. 5. The construction process and its side effects has and will continue to effect my enjoyment of my home. 6. The effects of the issuance of this special permit does NOT "promote the pubfic health, safety, convenience and welfare'of myself or other residents at 90 Margin St. Sincerely, John A. Femtnc c.c. Mayor Stan Usovicz Ward 3 Councilor,Joan Lovely Nina Cohen, Chairman, Salem Board of Appeal 3�. Citp of iaYem, 41aggarbu!6ett!5 3public Propertp Mepartment Wuilbing Mepartment ene$&alem Oreen (978) 745-9595 Cxt. 380 Peter Strout CO1L1�7JTY Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 1, 1999 - John Femino 90 Margin Street Salem, Ma. 01970 Re: 80 Margin Street Dear Mr. Femino: I have taken into consideration all of your complaints and feel the owner is in complete compliance of all the zoning and building issues. As you must know, after living on this main street with commercial businesses nearby, that occasionally you will be subject to activity and noise that would not occur in a residential neighborhood. In our defense, every time you have complained, we have contacted the owner and contractor to notify them of these complaints. We understand that the construction process sometimes leads to the abutters having to endure noise and activity that it would not have to under normal living conditions, however, this is what makes for a good relationship with the neighborhood. If you have problems with this project in the future, please contact this office. Sincere) Pete 't out Building Inspector cc: Mayor Usovicz Al Viselli Councillor Lovely O Cite of 6alem, 41a!5.qarbugettg r flublir i9ropertp Alepartment TEluilbing -Mepartment One*alem Oreen (978) 745-9595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 1, 1999 John Femino 90 Margin Street Salem, Ma. 01970 Re: 80 Margin Street Dear Mr. Femino: I have taken into consideration all of your complaints and feel the owner is in complete compliance of all the zoning and building issues. As you must know, after living on this main street with commercial businesses nearby, that occasionally you will be subject to activity and noise that would not occur in a residential neighborhood. In our defense, every time you have complained, we have contacted the owner and contractor to notify them of these complaints. We understand that the construction process sometimes leads to the abutters having to endure noise and activity that it would not have to under normal living conditions, however, this is what makes for a good relationship with the neighborhood. If you have problems with this project in the future, please contact this office. Sincerel i Pete 't out Building Inspector cc: Mayor Usovicz Al Viselli Councillor Lovely Tit" of �tt[em, C4Ea59Nrjjusetts Pourb of Appeal Jul t �'s ;1 `97 DECISION ON THE PETITION OF JOSEPH FITZGERALD.,REQUESTING A VARIANCES AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT _80 MARGIN STREET (R-2) A hearing on this petition was held June 18, 1997 with the following Board Members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill, Richard Dionne and Joseph Ywuc. 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 a Variance as to parking and density regulations and a Special Permit to remove existing garage and construct an addition for storage of automotive parts for the property at 80 Margin Street. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3(j ) , 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 8-6 and 9-4, 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. 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 Variances which have been requested may be granted upon a finding of the 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 or 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. DECISION OF THE PETITION OF JOSEPH FITZGERALD REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 80 MARGIN STREET, SALEM page two 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, and after viewing the plans, makes the following findings of fact: 1. Petitioner, Joseph Fitzgerald is the owner of NAPA Auto Sales. 2. Attorney George Atkins was present and represented the petitioner. 3. Petitioner is requesting a Special Permit to remove an existing garage and construct a new addition to the existing building. 4. The new addition will be non-conforming and needs relief I he following manner: /. tic 1 . Side set back; Regulation 10 feet- New addition 8 feet 2. Rear set back; Regulation 30 feet - New addition 2 feet ,V 3, Lot coverage ; Regulation 35% - New addition -60ro 5. The petitioner is requesting a Variance for parking density. Petitioner has 10 spaces and regulation states 19 spaces are needed. 6. Mr. Femino of 90 Margin Street and Mrs. Pizzello of 37 Endicott Street both expressed concerns of trucks leaving the engines running during deliveries. Mr. Fitzgerald stated that he would try to minimize engine noise, asking the truck drivers to shut down during deliveries. 7. Mr. Femino also expressed concerns regarding snow removal. 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. Special conditions do exist which especially affect the subject property and not the district in general , 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. The relief requested can 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. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal unanimously, 5-0 to grant the relief requested, subject to the following conditions: 1 . Petitioner shall comply with all city and state statutes, codes ordinances and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Zoning Officer. Plans submitted DECISION OF JOSEPH FITZGERALD REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 80 MARGIN STREET. SALEM (R-2) page three and was dated May 19, 1497. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Petitioner shall obtain building permit prior to beginning any construction. i . A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. 7. A Certificate of Inspection shall be obtained. S. The addition of trees to the north side of the property will be added as shown on the plans dated May 19; 1997 and submitted on June 18, 1997 meeting. Variance & Special Permit Granted June 18, 1997 Joseph Ywuc, 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days 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 of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal AMENDMENT TO THE DECISION ON THE PETITION OF JOSEPH FITZGERALD REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 80 MARGIN STREET (R=2) This Amendment is made to correct an inadvertent error in the Decision of the Board as filed with the City Clerk' s of.fice on July 2 , 1997 . To wit : Paragraph 4 of the findings of fact is amended to read as follows : 1 . Side set back; Regulation 10 feet - New addition 2 feet 2 . Rear set back; Regulation 30 feet - New addition 19 feet 10% inches In all other respects the previously filed decision is affirmed and ratified. CITY OF SALEM BOARD OF APPEAL 072 S S tO 'L 1� J U 3 Citp of Salem, 0a!6garbugettg t Public Prupertp Mepartnment �3uilbing Department One$balem Oreen (978) 745-9595 next. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 24 , 1998 Joseph Fitzgerald 80 Margin Street Salem, Mass . 01970 RE : 80 Margin Street Dear Mr. Fitzgerald: On Monday, November 23 , 1998 a meeting was held on your property located at 80 Margin Street . Present at the meeting was Leo Tremblay, Project Manager , Peter Strout , Building Inspector, Thomas St . Pierre, Assistant Building Inspector and yourself. Please be advised that your new addition must meet the height requirements that were approved by the Zoning Board of Appeals in June of 1997 . Specifically, the height measured at the intersection of the new and old construction . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Thomas St . Pierre Assistant Building Inspector TJS : scm fi. Citp of *arem, fflassactjusetts K f �Ro'J DATE F1 ED� Type: w Expiration Date , '��� 'Renewal, no change Number 0 Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, ttheel undersigned here/by declare(s) that a business is conducted under the title of: at. I li 9 7,;type of business 'ALL -/-?L ;lac of fia� by the following named person(s): (Include corporate name and title if corporate officer) rFull Name Re—si ,puce -a /C / i tur - t ------------------------------ --------------------- -- -- -- -------- --------------------------------- ------- / on 19.E he above named person(s) personally appeared before me and made an oath that theforegoing statement is true. �.�� ----------------------------------------------------- ------------------------------------------------------ CITY CLERK Notary Public (seat) Date Commission Expires Identification Presented State Tax I.D. # S.S.# (�5 � �" /2 (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, rearing, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. n . L..ommonwealK of VdaasacLietb ,1JeparEmerzlq/o�/�ndwEriat�ccir�enLt Fj(?0 ��VgqV�qm�iiruflors �EresE James J.Campbeil U_?asEa,s, I t'tuuac�awells 02/ 1 1 Commissioner Workers' Compensation insurance Affidavit I, tu®se..9ermrtree) with.a principal place of business at: fcsnrtsuerup> do hereby certify under the pains and penalties of perjury, that: () 1 am an employer providing workers` compensation coverage for my employees working on this job. Insurance Company Policy Number tt () i am a sole proprietor and have no one working for me in any capacity. (} I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contraccors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Number Contractor insurance Company/Policy Number V Contractor insurance Company/Policy Number () I am a homeowner performing all the work myself. I understand that a copy of this statement will be forwarded to the Office of Investigations of the DIA (or coverage verification and that failure to secure coverage w required under Section 25A of MGL 152 can lead to the imposition of criminal oenaities coruosing of a fine of up to S 1,500.00 and/or one years'imprisonment as well as civil oenaldes in the form of a STOP WORK ORDER and a fine of S 100.00 a day against me. Signed this day of 19 Licensee/Permittee Building Department Licensing Board Seleamens Office Health Department TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 f.. a APPLICATION FOR PERMIT TO ERECT A SIG Aa Salem, Massachusetts October 5 1993 PERMIT MUST BE OBTAINED BEFORE BEGINNING WORK k APPLICATION MUST BE SUBMITTED TO THE BUILDING INSPECTOR WITH STAMPED APPROVAL FROM THE SALEM REDEVELOPMENT AUTHORITY. TO THE BUILDING INSPECTOR: The undersigned hereby applies for a permit to Erect, Alter, Repair a sign on the following described building. Location 80 Margin St. Zoning/District Name of Property Owner Joseph Fitzgerald Name of Sign Owner same Address If Owner is a corporation, name of responsible Officer Name of Licensed Sign Erector Address Salem License No. Use of Building: 1st Floor x 3rd Floor 2nd Floor 4th Floor Type of Sign: ✓ Surface Right Angles to Building Free Standing Other ( ) Height: Sign Materials : / - // ell wood (/Xfjbc Z'llrra Sign Dimensions : Sign Area SF Existing Signs : Surface: Sign Area SF Right Angles : Sign Area SF Free-Standing: Sign Area SF Other: Sign Area SF Signs to be removed: Type Sign Area SF Frontage: Building FT Property FT Jea.rw�' Signature of Ownerv�� Name & Address of Address Insurance Company: Telephone '7`«' Estimated Cost of New Work: API ROVA S : APPLICATION TO ERECT, ALTER, OR REPAIR PLAN OF LOT A SIGN IN THE CITY OF SALEM -------------------------------------- Show Location of Present Structure sod Signs BUILDING LOOCATION: BUILDING USE: ------------------------------------- 7 ------------------------------------- CONDITIONS 1 =/ i ------------------------------------ / ------------------------------------ IT RANTED 19� Q �6 -�/ it IT `2 721, If 1 \ �� .... fff XXXIII f}� 4•ef�/ 4 L. u� r �t / � /f µ F£ . 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