28 MARLBOROUGH ROAD - BUILDING INSPECTION 28 Marlborough Rd., jf
i
itTTY OF SALEM
n PUBLIC PROPERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR
120 WASHING"1'DN$'17iEE'1 .Srv.EM,MASSTf.HLSE'1'1'S 01970
'rEL:978-745-9595 . FAX:978-740-9846
STOP WORK ORDER
___ _
PropertyLocation_28 Marlborough Road-
T 0'
CJuly'.12,2006_ { O� Y�Ji
Robert C. Bargarella
28 Marlborough Road "v
Salem, MA 01970
Dear Bargarella;
The above listed property has been posted with a Stop Work Order due to being in
violation of the following State Codes and/or City Ordinances.
780 CMR Massachusetts State Building Code, Section 118.1, regarding violations of
the construction code, states that it is unlawful to add, alter, or construct any structure
without the proper permit to do so.
No further work may be done until such time as the order is lifted. Any person who shall
continue any work in or about the building or structure after having been served with a
Stop Work Order, except such work as that person is directed to perform to remove a violation
or unsafe condition, shall be liable to a fine of not more than $1000, or by imprisonment for
not more than one year, or both for each violation; with each day constituting a separate
violation. .
If you have any questions regarding this letter,please contact the Building Inspectors Office
at (978) 745-9595 ext. 386.
Sincerely,
Z
J se h E. Barb au
Assistant Building Inspector
CC: file, Mayor's Office, City Engineer, Fire Prevention, Police Department, Councilor
O'Leary
ONDIT
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
t SALEM, MASSACHUSETTS O1970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL n
0
MAYOR
r
March 1, 2007 I
Q y
C7 r-
Decision
Petition of Peter Bagarella requesting a Variance w m
for the property at 28 Marlborough Road >
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on February 21, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Steven Pinto, Elizabeth Debski, Bonnie
Belair and Annie Harris.
The petitioner, Peter Bagarella, sought a Variance from maximum height for fences to
construct a six(6) foot stockade fence on top of an existing stone wall for the property located
at 28 Marlborough Road, Salem, in the Single-Family Residential (R-1) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner's property is in the Single-Family Residential (R-1) district. The lot
is ringed by an existing stone wall around the rear perimeter and a portion of
the front yard.
2. The petitioner is requesting a variance to allow construction of a six (6) foot
stockade fence on top of the existing stone wall, in violation of the zoning
ordinance height limit for fences of six (6) feet in the R-1 District.
3. The height of the stone wall ranges from approximately two (2) feet to four
(4) feet. The height of the proposed stockade fence would therefore vary from
eight (8) feet to ten (10) feet from ground level.
4. The applicant states that basis for hardship is his ownership of a large German
Shepherd guard dog that he seeks to contain within the fenced-in yard...
5. Ward Four Councilor Leonard O'Leary spoke against the petition on the
ground that the petitioner has failed to resolve on ongoing encroachment that
he caused relative to a City of Salem sidewalk that petitioner allegedly
removed. Councilor O'Leary argued that the variance should not be granted
until the land dispute is resolved.
t
6. Two abutters spoke in favor of the petition on the ground that the fence is a
useful way to gain privacy from traffic passing by on Marlborough Road.
7. Petitioner ultimately agreed that a five (5) foot stockade fence would provide
some privacy and some protection for his pet dog.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for a Variance does not constitute substantial
detriment to the public good as the fence will help secure the premises and
provide privacy from car traffic on Marlborough Road..
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as fencing is a permitted use in the R-1
district.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner as the site would have to be excavated to allow for a
six foot fence to provide the requested enclosure for the site.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Cohen, Dionne, Debski, Belair, Harris) and none (0) opposed, to grant the request for a
Variance, 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. The fence shall only be a five (5) foot stockade fence, not a six (6)foot fence.
5. The petitioner shall continue discussions with the City regarding the disputed
land where the existing stone wall is located and shall reach a conclusion with the
City before the spring.
J '
Nina Cohen
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate 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 and 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.
CITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KINIBERLEY DRISCOLL
MAYOR
12O wAS1i1NGPON$'CItEE'1 * SALEM,D1A.SSA(.HUSG"PIS 01970
Tet:978-745-9595 4 FAX:978-740-9846
STOP WORK ORDER
Property Location 28 Marlborough Road
July 12, 2006 PILE
COPY
Robert C. Bargarella
28 Marlborough Road
Salem, MA 01970
Dear Bargarella;
The above listed property has been posted with a Stop Work Order due to being in
violation of the following State Codes and/or City Ordinances.
780 CMR Massachusetts State Building Code, Section 118.1, regarding violations of
the construction code, states that it is unlawful to add, alter, or construct any structure
without the proper permit to do so.
No further work may be done until such time as the order is lifted. Any person who shall
continue any work in or about the building or structure after having been served with a
Stop Work Order, except such work as that person is directed to perform to remove a violation
or unsafe condition, shall be liable to a fine of not more than $1000, or by imprisonment for
not more than one year, or both for each violation; with each day constituting a separate
violation.
If you have any questions regarding this letter, please contact the Building Inspectors Office
at(978) 745-9595 ext. 386.
Sincerely,
hL
E. Barbeau,41r.
ant Building Inspector
CC: file, Mayor's Office, City Engineer, Fire Prevention, Police Department, Councilor
O'Leary