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CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
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120 WAStiiNG't'ON S712AE"I'4 ShI,EAf,iti1ASSACHL'SE7-IS D1Q�lU
KLMBFRLEY DRISCOU TELL:978-745-9595♦ Fax:978-740-9846 SEP "0 P 122: S 1
MAYOR
CITY r LEgh,AL€M.hid S.
September 10th, 2014
Decision
City of Salem Board of Appeals
Petition of 4 MILK STREET TRUST seeking a Variance from the minimum lot area requirement of
Section of Sec. 4.1;1 Table:ofDimeasionalRegnlremeots of the Salem Zoning Ordinance,to allow a
reduction in size of the existing nonconforming lot by approximately 379 square feet: The Petitioner
proposes to realign the rear lot line in.order to square it off with an abutting property: The proposal
is for the property located at 4 MILK ST (R2 Zoning District).
A public hearing on the above Petition was opened on August 27,2014 pursuant to M.G.L Ch. 40A, g 1`1.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran(Chair);Mr. Duffy,Mr. Watkins,Mr. Copelas (Alternate), and Mr.Tsitsmos (Alternate).
The Petitioner seeks a Variance from Section 4.1.1 "''able of Dimenriarml Regui ementt of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped Junc 30,2014, the Petitioner requested a Variance to allow a reduction in
size of the existing nonconforming lot by approximately 379 square feet in order to realign the rear lot
line and square it off with an abutting property;making the two lots saleable..
2. Attorney Correnti presented the petition and distributed a site plan to the Board to demonstrate the
proposal to transfer an approximately 379.square foot triangular shaped piece of land from 4 Milk
Street to 14 Pickman Street. 4 Milk Street is an existing nonconfotnvng.:lot - it is currently 4,575
square feet, and the required minimum lot size in the R2 Zoning District is 15;000 square feet. The
proposed transfer of land would further reduce the lot size by approximately 379 square feet to a total
of 4,196 square feet:
3. 14 Pickman Street is also an existing nonconforming lot,being only 7,832 square feet.in size, where
the Zoning Code requires a minimum lot area of 15,000 square feet:.
4. The requested relief, if granted, would allow the Petitioner .to reduce the size of the existing
nonconforming lot at 4 Milk Street
5. The petitioner submitted three letters of support from members of the public with the petition.
6. At the public ]fearing, two members of the public spoke in support of the petition. No members of
the public spoke in opposition to the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
City of Salem Board of Appeals
September 10,2014
Project:4 Milk Street
Page 2 of 2
Findings
1. The lot is a unique shape, and literal enforcementof the provisions of the Ordinance would be a
substantial hardship to the applicant.
2. The desired relief may be granted without substantial detriment to the public good.
3. The desired relief may be granted without nullifying or substantially derogating ftom the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five(5)in favor
(Mr. Watkins; hos. Curran, Mr. Copelas, Aft. Tsitsinos, and Mr. Duffy) and none (0) opposed, to grant the
requested Variance to allow a reduction in the size of the existing nonconforming lot by approximately 379
square feet,subject to the following terms,conditions,and safeguards:
1. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to,the Planning Board.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CM CLERK
Appeal fmx tbfi daidon, if any,shall be made partuani to Section:17 ofthe Marracaarettt GeneralLaw aw Chapter 40A,axd shall bt filed*thin 20
days of filing of this deadon in the afiiee of the City Ckrk Pemmant to the Matiaebrise7ts Genera!llnvs Chapre 40A,Sulron 11,the Variance or
Speaal Pemetigranted berein shall not take orect anA1 a ropy of the drastm bearing the cert li we of the Ct!�Clerk has hua filed with the Essex Soytb
Regirig of Dee&
0004 MILK STREET 480-2004
GIs,# COMMONWEALTH OF MASSACHUSETTS
Map: .:: 35'_4
5,
Block: CITY OF SALEM
Lot. 0577
Category: REPAWREPLACE..
1'ermit# 480.2004 . _:14, BUILDING PERMIT
Project#, JS-2004-000630 -K
Est. Cost: $2,500.00 "0 w'
Fee Charged: $23.00 ,.,
Balance Due:" $.00 PERMISSION IS HEREBY GRANTED TO:
Const. Class: Contractor: License: Expires:
Use Group: .. ' - _fib HOMEOWNER
Lot Size-(sq. ft): 4640.0112
R2 ft=Owner: LHEUREUX ROLAND A
Zoning:
Units Gained: Applicant: LHEUREUX ROLAND A
Units Lost:; r'" ' I" t AT: 0004 MILK STREET
e
Dig Safe#:
ISSUED ON: 18-Nov-2003 AMENDED ON: EXPIRES ON: 17-May-2004
TO PERFORM THE FOLLOWING WORK:
480-2004 REPLACE GARAGE DOORS,INSTALL ONE 32'X 80'ENTRANCE DOOR;INSTALL 700 SF OF SIDING.
REQUESTED BY THE ESTATE OF MR. LHHEUREUX.TJS
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Treasury:
Water: Alarm: Assessor
Sewer: Sprinklers: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
RULES AND REGUIZIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount
BUILDING REC-2004-000660 17-Nov-03 1183 $23.00
GeuTMS®2014 Des Lauriers Municipal Solutions,Inc.
z (�iit of �$ttlrm, C �sstrcljusetts R 30 3 is Ph '88
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FILEW4
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°'"'""P� CfTY CLERK.SALtN.,MASS.
DECISION ON THEPETITION OFROLAND_L'HEUREUX FOR A
VARIANCE FOR r4 MILY, STREET (R-2)
A hearing on this petition was held was held March 16, 1988 with the following
Board Members present: James Hacker, Chairman; Messrs. , Bencal, Luzinski, Strout
and Associate Member LaBrecque. 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, owner of the property, is requesting a Variance to allow construction
of a two story addition in the rear of the existing structure. The property
is located in an R-2 district.
The Variance which has 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 in-
volve 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
and after viewing the plans, makes the following findings of fact:
1 . Parking is a serious problem in the neighborhood;
2. The existing use is storage garage and to change the use would
be detrimental to the neighborhood;
3. To accommodate the proposed use and the proposed increase in the
structure would require a Variance from lot size and density and
petitioner failed to request these variances.
4. There was substantial neighborhood opposition.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions do not exist which especially affect the subject
property and not the district generally;
2. Literal enforcement of the Ordinance would not involve a substantial
hardship to the petitioner;
3. The relief requested can not be granted without substantial detriment
to the public good or without nullifying and substantially derogating
from the intent of the district or the purpose of the Ordinance.
J ' I'
DECISION ON THE PETITION OF r.�*--.1:D L'HEUREUX FOR VARIANCE
FOR 4 MILK STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the
granting of the requested relief. The request, having failed to carry the
required four affirmative votes to pass, is therefore denied.
DENIED
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
.e.':'i. SHALL BE '.DEP!iRSUAta 7D SECiIOY '7 OF TPG ;.
LATE GF
APPEAL FR_" Th.. ._,I.I•.:.!.
6EIFERA: ` C°.P EP. "L9C. 0.1;D SP,�'Ll DE FilCu Y;I;HIN 20 CAYS AFTER TH cr ��
lA.:.. DJANCE DP. $7..1... FE:..•iT
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OR THP-. '9 !,h APPEAL HAS 6EEN FILE. iHA; IT
REPARDEP WV T THE OWNER'S CERTIFICATE OF TITLE.
T"'. S:JTH ESSE% R Na SED ONRY F UE.Do
UF RRECORG Uj,IS Ri.i:JRDED AND
BOARD OF APPEAL
(fitq of #Ultm, ftosac4unthl
Ilublic f rapertq Department
$uilbing Department
(Out aatem (6«<a
500-745-9595 Fxt. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 28, 1993
Roland L'Heureux
11 Harbor Street
Salem, MA 01970
RE: 4 Milk St. (R-2)
Dear Mr. L'Heureux:
Please be advised that effective immediately building permit 11374-90,
which was issued on July 12, 1990 to allow installation of brick siding to
the above referenced property, is hereby revoked. Any ongoing work is to
cease and desist at once.
You will be required to apply for a new permit to continue work on
this building.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
LET:bms
cc: Councillor Harvey, Ward 2
Certified Mail #P 921 991 562
,r` \4milk\
ARTICLE
P 921 991 . 562
UNE 1.
Roland L'Heureux NUMBER
11 Harbor St.
Salem, MA 01970
REi 4 Milk St.
t FOLD AT PERFORATION t - WALZ
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for Merchandise
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5. Signature — Addressee 8. Addressee's Address (ONLY if
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7.Make of Delivery
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PS Form 3811, Apr. 1989 t ll.S.G.P.G.1989.238.815 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE, ( II II
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
adders and NS
Print your name,address and 21P Code
in the apace below.
• Complete Items 1,2,3,and 4 on the �
reverse. U.SO
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permits. otherwise affix to back of
article. PENALTY FOR PRIVATE
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Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
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Publir trnpertp Department
+NuilDing Department
(cane Belem ISreen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
August 25, 1993
Ronald L'Heureux
11 Harbor Street
Salem, Mass. 01970
RE: 4 Milk Street
Dear Mr. L'Heureux,
A permit was issued to you on July 12, 1990 to install brick
siding on garage at 4 Milk Street Dermit # 374-90. As to this date
the permit has not been completed nor has the work been completed on
said building. Would you please contact this department as to your
intent of the work being completed, so we can complete processing the
permit. Failure to contact this office within 7 day upon receipt of
this letter will result to cancellation of permit issued on July 12, 1990.
Thank you in advance for your anticipated cooperation in this
matter.
Sincerely, `
Leo E. Tremblay
Inspector of Buildings
LET: scm
cc: Councillor Harvey, Ward 2
Certified Mail 11 P 921 991 521
--2-29- ARTICLE
- --- P 921 991 521 •
f + jUNE i.
Ronald 1�` NUMBER
4eureux 1
11 Harbor Street
Salem, Mass._-. ,-
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INSERT IN STANDARD#10 WINDOW ENVELOPE. E E R T I F I E o
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SENDER:
• Complete items 1 and/or 2 for additional services. I also wish to receive the
• Complete items s,and as a h. following services(for an extra fee):
• Print your name and address on the reverse M this form so that we can return this and
to ya,. 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 to the person delivered to and the Consult postmaster for fee.
date of deliver
3.Article Addressed to: -. 4a.Article Number
P 921 991 562
r9olwd L"Heurlu
46.Service Type
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CERTIFIED
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5.Sign re—(Addressee) t'�/'n 8.Addressee's Address
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6.Signature—(Agent)
PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT
United States Postal Service E$$�
Official Business
t� 3�0 rcy
PENALTY FOR PRIVATE
USE,$300
IIIlIfl1lIIIlIflLl11111111lIIlI1111l11lIILlII!lfll
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
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1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the
article,leaving the receipt attached,and present the article at a post office service window or hand
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of the article,date,detach and retain the receipt,and mail the article.
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4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return
receipt is requested,check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry.
APPLICATION [3 ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAINT ❑ JUVENILE District Court Department
❑ ARREST I HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within Salem District Court
named defendant, charging said defendant with the offense(s) listed below. Washington SU9Bt
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65
March 19, 1991 1 March 4, 19 1 4 Milk Street, Salem Salem, MA.01970
NAME OF COMPLAINANT
City of Salem, Inspector of Buildings Dept. NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT Violation Massachusetts
One Salem Green, Salem, MA 01970 I. State Building Code,
Section 113
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Roland L'Heureux
11 HAMR ST. 3.
Saha--MA 01970
4.
COURT USE I A hearing upon this complaint applicationATE OF HEARING TIME OF HEARING COURT USE
ONLY----* will be held at the above court address on "��- y/ AT /O '14 *--ONLY
Ct4SE PARTICULARS — BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
1
I
2
3
4
OTHER REMARKS:
Defendent refuses to obtain proper permits for construction
in progress.
X
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE I WEIGHT EYES HAIR
OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
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° o�P Citp of Oalem, 01aggacbugettg
Pubic Propertp Department
�3uilbing Department
One Oaltm Orren
745-9595 ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 4, 1991
Mr. Roland LHeureux
11 Harbor Street
Salem,MA 01970
RE: 4 Milk Street
Dear Mr.LHeureux,
on March 4, 1991, a Stop-Work order was issued to the above referenced
property. You are in violation of the Massachusetts State Building Code, Section
113, (no permits on record) .
Please be advised that a building permit is required for the alterations being
done to the property. Work shall not continue until a permit is issued.
Failure to apply for a permit shall result in this office taking further legal
action.
Please contact me at this office within seven days upon receipt of this
letter.
Sin c rely, �7
David J. Harris
Assistant Building Inspector
DJH/eaf
cc: City solicitor
Ward Councillor
of *alem' malisar4usP##s
Public Propertp Department
+Nuilbing i9epartment
(One 6alem Green
500-745-9595 1"Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
August 25, 1993
Ronald L'Heureux
II ,Harbor Street
Salem, Mass. 01970
RE: 4 Milk Street
Dear Mr. L'Heureux,
A permit was issued to you on July 12, 1990 to install brick
siding on garage at 4 Milk Street hermit 11 374-90. As to this date
the permit has not been completed nor has the work been completed on
said building. Would you please contact this department as to your
intent of the work being completed, so we can complete processing the
permit. Failure to contact this office within 7 day upon receipt of
this letter will result to cancellation of permit issued on July 12, 1990.
Thank you in advance for your anticipated cooperation in this
matter.
Sincerely(,
Leo E. Tremblay
Inspector of Buildings
LET: scm
cc: Councillor Harvey, Ward 2
Certified Mail # P 921 991 521
APPLICATION 12f ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAINT ❑ JUVENILE District Court Department
❑ ARREST IN HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within Salam District Court
named defendant, charging said defendant with the offense(s)listed below.
DATE OF APPLICATION I DATE OF OFFENSE ' PLACE OF OFFENSE 65 Washington Street w
March 1$, 1991 March 4, 1991 4 Milk Street, Salem Salem, MA-G1970
NAME OFCOMPLAINANT
�•
�t:y oP=Sa1_ez_a, -Inspector of Buildings Dept. NO. OFFENSE G.L.Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANTViolation Massachusetts
One Salem Green, Salem, MA 01970 1. State Building Code,
Section 113
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Roland L'Heureux
i 1 AABBOR ST. --- 3.
9ak44p,-MA--0197.0--- ------- - - -
4.
COURT USE I A hearing upon this complaint application ,PATEOF HEARING TIMEOF HEARING COURT USE
ONLY--fl, will be held at the above court address on T _//- '/ AT 44it f--ONLY
CASE PARTICULARS — BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
A
� NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc: $250. Marijuana,gun,etc.
1
k '
2
3
4
OTHER REMARKS:
Defendent refuses to obtain proper permits for construction
in progress.
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOF BIRTH PLACEOF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR
OCCUPATION EMPLOYERISCHOOL MOTH ER'S NAME(MAIDEN) FATHER'S NAME
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DC-CR2(3/88)
o P Citp of *alem, Alaaacbugettg
Public Propertp ;Bepartment
� g 35uilbing Mepartment
One haiem Oreen
745-9585 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 4, 1991
Mr. Roland LHeureux
11 Harbor Street
Salem,MA 01970
RE: 4 Milk Street
Dear Mr.LHeureux,
On March 4, 1991, a Stop-Work order was issued to the above referenced
property. You are in violation of the Massachusetts State Building Code, Section
113, (no permits on record) .
Please be advised that a building permit is required for the alterations being
done to the property. Work shall not continue until a permit is issued.
Failure to apply for a permit shall result in this office taking further legal
action.
Please contact me at this office within seven days upon receipt of this
letter.
Sinc 7relyy,
David J. Harris
Assistant Building Inspector
DJH/eaf
cc: City solicitor
Ward Councillor
y