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1' CITY OF SALEM9 MASSACHUSETT8TY OF SALEM: MA
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�3 BOARD OF APPEAL CLERK'S OFFICE
i n120 WASHINGTON STREET, 3RD FLOOR
ig 1 / a. SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 ,2003 JUN 'U P 2* 19
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF WENDI MERCEDO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 101 '/2 MASON STREET R-2
A hearing on this petition was held May 21, 2003 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, and Joan Boudreau
Notice of the hearing was sent to abutters and others and notices of the hearing were
properly published in the Salem Evening New in accordance with Massachusetts General
Laws Chapter 40A.
The petitioner is requesting a Variance from side yard setback, rear setback and lot
coverage to construct a 2 story addition for the property located at 101 1/2 Mason Street
located in an R-2 zone.
The Variances, which have been requested, upon a finding 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 structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
C. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of 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. The petitioner appeared and represented herself at the hearing.
2. Plans were submitted showing the proposed addition
3. The Salem Harbor CDC spoke in favor of this petition..
4. There was no opposition to this petition.
a
DECISION OF THE PETITION OF WENDI MERCADO REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 101 1/2 MASON STREET R-2
page two
On the basis of the above finding of fact, the evidence presented at the hearing, the
Zoning 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 to the petition.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimension submitted 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.
Variance Granted
May 21, 2003r✓yunv
Bonnie Belair S�
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
date of filing of this decision in the office of the City Clerk. Pursuant to
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 is 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
�P Titu of 3ttlEm, �fittostttl�uo�tto
Public Prupertg 19epartment
iguilbing Department
(One $nlem (6reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
December 12 , 1996
Jason & Melissa Barnes
Conrad Rousseau
59 1/2 Summer Street
Salem, Mass . 01970
RE: 101 1/2 Mason Street
Dear Owners :
Thank you very much for your response to the letter
dated on October 9, 1996 regarding the above mentioned
property. An inspection was conducted and found all the
violations have been corrected.
This office will notify all the appropriate
departments and the Ward Councillor that this situation
has been brought to a satisfactory conclusion.
Sincerely,
7 Leo E . Tremblay
Inspector of Building
LET: scm
cc: Jane Guy
Councillor Hayes , Ward 6
Ctu Af 3ttlPm, massar4usEtts
Publir troperttl Department
Nuilbing Department
Mne dalem Tween
500-7,15-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 9, 1996
Jason & Melissa Barnes
Conrad Rousseau
59 1/2 Summer Street
Salem, Mass . 01970
RE: 101 1/2 Mason Street
Dear Owners :
On July 25 , 1996 you received a letter from this
department with four (4 ) code violations . This office
received a call on August 6, 1996 that the violations
would be taken care of. As of October 8, 1996 no work has
been started.
If work is not completed within ten ( 10 ) days, this
office will seek legal action against you.
Please call this office upon receipt of this letter
to inform us as of your course of action in this matter.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Leo E . Tremblay
Inspector of B Ings
LET: scm
cc: Jane Guy
Councillor Hayes , Ward 6
Y IL
�P Gifu of #alem, massac4usetts
Public Propertq Mepartment
Nuilbing Department
(Ont Bnlem Green
508-7,35-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 9 , 1996
Jason & Melissa Barnes
Conrad Rousseau
59 1/2 Summer Street
Salem, Mass . 01970
RE : 101 1/2 Mason Street
Dear Owners :
On July 25 , 1996 you received a letter from this
department with four (4 ) code violations . This office
received a call on August 6 , 1996 that the violations
would be taken care of. As of October 8 , 1996 no work has
been started.
If work is not completed within ten ( 10 ) days, this
office will seek legal action against you.
Please call this office upon receipt of this letter
to inform us as of your course of action in this matter.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Leo E. Tremblay
Inspector of B Ings
LET: scm
cc: Jane Guy
Councillor Hayes, Ward 6
`-�_. I
lam`
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(fitu of 3ttlem, massar4usetts
(mD�'Vwoow
Public Propertg Department
Nuilbing i9epartment
(One dalem (bran
508-745-9595 $xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building July 25, 1996
Zoning Enforcement Officer
Jason & Melissa Barnes
Conrad Rousseau
59 1/2 Summer Street
Salem, Mass. 01970
RE: 101 1/2 Mason Street
Dear Owners:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned property
and found the following violations:
1. Gutters must be re-secured or removed.
2. Down spouts must be replaced or removed.
3. Replace rotted window sill at second floor level.
4. Face board at exterior corner of siding rotted out needs replacement.
Please notify this department within fifteen (15) days upon receipt of
this letter as to what course of action you will take to rectify these
violations. Failure to do so will result in legal action being taken against
YOU.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremble
Inspector of Buildings
LET: scm
cc: David Shea
Jane Guy
Councillor Hayes, Ward 6
ON 11
A
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970 <?
ROBERT E. BLENKHORN -< 9-"ORTH $51itt-r
HEALTH AGENT August 21, 1985 x "' r-
(617) 741-1800
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David Byers m ZT__
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Haley St. to LX1
Marblehead, Ma 01945
Dear S i r allLN Z IddXK
In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts
General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General
Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter
II: Minimum Standards of Fitness for Human Habitation, an inspection was
made of your property at'101"Mason St: , Salem, Massachusetts,
occupied by Virginia_iCof£in(2nd-& 3rd floors) This inspection was
conducted by V. Moustakis Salem Health Department, on
8/21/85 at 2:00 p.m. ,
Based on said inspection, you are hereby ordered to take the following
action within 5 days of receipt of this order:
Replace screen in front hall
Repair hole in screen and install adequate locking device to window
(living room front)
Repair hole in screen, and provide adequate locking mechanism to window
(living room - side)
Repair hole in screen and provide lock to window (kitchen -side)
Repair frame in window to fit properly and be weathertight (kitchen
window facing yard)
Provide second form and repair holes in screen (bathroom window)
Provide screen for second floor bedroom(on right) and provide
proper locking mechanism for same
Patch screen in window on second floor bedroom (left) and
provide adequate locking mechanism
SALEM HEALTH DEPARTMENT - ]'are
2 ol3
jm• 9 North Street Tenant(s)_Virginia Coffin
Salcrn, MA 01970 --
Property in Salem at1a_
Ma_Qgi_ S�t. -
To: David Byors
27 Haley St.
Marblehead, Ma 01945
VIOLATIONS (continued)
Repair window to fit properly and stay open (master bedroom)
Repair torn screen, provide storm windows and provide proper
locking mechanism for window at landing at top of stairs on
3rd floor
NOTE: Latches that have been installed on windows to keep them
open are inadequate because they do not serve the purpose for
which they were intended. An adjustment may solve these problems.
In any event, all windows must be repaired to stay open, to
open and close easily, to fit properly, to be weathertight
and be provided with proper locking mechanisms.
All windows are to be provided with screens and two window
panes and two storm panels
NOTE:—There must be a second means of egress from the third floor
(CONTACT BUILDING INSPECTOR)��
Replace broken stairtreads in cellar stairway
Provide adequate railings and ballusters on cellar stairs
Main entry door on first floor leading to outside must be
made weathertight
Provide missing pane in skylight in first floor back hall
Provide the services of a licensed exterminator with a copy of
the service invoice to this department
Investigate waterheater used by first floor tenant to see that
it is in good working condition and there is no danger of any
hazard (2nd floor tenant maintains there is water in cellar
SALEM HEALTH DEPARTMENT Page 3 of 3
9 North Street
Salem, MA 01970 Tenant(s) Virginia Coffin
Property in Salem at 101
'(3
Mason St.
To: David Byors
27 Haley St.
Marblehead, Ma 01945
d
ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH,
SAFETY AND WELL-BEING OF THE OCCUPANTS.
Failure on your part to comply within the specified time will result in a complaint
being sought against you in Salem District 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 seven (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.
Please be advised that the conditions noted may enable the occupant(s) to use one
or more of the statutory remedies available to them as outlined in the enclosed
inspection report form.
FOR THE BOARD OF HEALTH
ROBERT E. BLENKHORN, C.H.O.
Health Agent
Certified Mail 11 P 643 875 168
enc. Inspection Report
cc*enantBldg. Inspector _ Electrical Inspector X Plumbing Inspector
� Fire Dept. _ City Councillor
Este es un documento legal importante• Puede que afecte sus derechos.
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Richard''T. McIntosh
One Salem Green
zas-nzl3
April 7, 1983
Mr. Joseph Vargas
102 School St.
Salem, Massachusetts
RE: Zoning Violations at
101 - 101z Mason St.
Dear Mr. Vargas:
Please be aware .of the fact that the above referenced properties
are currently in violation of the City of .5alem Zoning Ordinance.
The violations are lot frontage, square footage and side yard
setbacks. You are therefore required to make an application to the
Zoning Board of Appeals so that these violations may be addressed.
Applications for Board of Appeals may be obtained at this office
One Salem Green, second floor between the hours of 8:30 a.m. and 4:30 p.m. ,
Monday through Friday.
Please contact this office if you have any questions.
Very truly yours,
aichard 1`. McIntosh
Zoning Enforcement Officer
RTM:bms
cc: Councillor Fleming, Ward 6
City Solicitor
Mr. Michael McKinnon, 1012 Mason St., Salem
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TRichard T:-'McIntosh
..One Salem Green
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Public Prapertg Department
Nuilbing Department
(One dalem (limn
508-715-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building July 25, 1996
Zoning Enforcement Officer
Jason S Melissa Barnes
Conrad Rousseau
59 1/2 Summer Street
Salem, Mass. 01970
RE: f1-01 1/2 Mason Street
Dear Owners:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned property
and found the following violations:
1. Gutters must be re-secured or removed.
2. Down spouts must be replaced or removed.
3. Replace rotted window sill at second floor level.
4. Face board at exterior corner of siding rotted out needs replacement.
Please notify this department within fifteen (15) days upon receipt of
this letter as to what course of action you will take to rectify these
violations. Failure to do so will result in legal action being taken against
you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremble
Inspector of Buildings
LET: scm
cc: David Shea
Jane Guy
Councillor Hayes, Ward 6