64 MOFFATT ROAD - BUILDING INSPECTION 64 MOFFATT ROAD
I
ry
Citp of *a[em, fftmgarbuattg
3public Aropertp Mepartment
39uil0ing Mepartment
One 9palem Oreen
(978) 745-9595 (ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
February 5,2001
Stephen Dellorfano
62 Moffatt Road
Salem, Ma. 01970
Dear Mr. Dellorfano:
This department has received complaints alleging that you are running a car detailing
business from your home.
Your property is located in a residential neighborhood, which does not allow a business
of this type.
Please contact this office upon receipt of this letter to discuss this matter.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
�jj
Thomas St. Pierre
Local Building Inspector
cc: Joe Walsh
Councillor O'Keefe
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DECISION ON THE PETITION OF MICHAEL _CHOUINARD .REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT564 MOFFATT^ROAD<(R-1 )
A hearing on this petition was held July 16, 1997 with the following
Board Members present: Gary Barrett; Chairman, Nina Cohen, Albert
Hill, Joseph Ywuc and Richard Dionne. 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 Special Permit to allow the expansion of a
non-conforming structure, and add a second floor to main structure
for the property located at 64 Moffatt Road.
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 Sections 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 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 presented his plans to expand and
add a second floor to the main structure.
2. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can 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,
DECISION ON THE PETITION OF MICHAEL CHOUINARD REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 64 MOFFATT ROAD
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1. Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All construction shall comply with all city and state statutes,
ordinances, codes and regulations.
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. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the new construction shall be in harmony
with the existing structure.
SPECIAL PERMIT GRANTED
July 16, 1997 r
ac
Richard Dionne, 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 or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificaa
of Title
Board of Appeal o
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JUN 1 ig ft1 197
CITY OF S,'4VI4. MASS
CLERK'S OF'F'ICE
DECISION OF THE PETITION OF-MICHAEL P--CHOUINARD REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 64 MOFFATT ROAD (R-1)
A hearing on this petition was held May 21, 1997 with the following Board
members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill, Paul
Valakagis and Richard Dionne. 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, requests a Variance from side and rear setbacks, to allow an
addition to garage in a second floor home shop area for the property
located at 64 Moffatt Road.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The petitioner will remove existing garage to install new garage with
2nd level and to extend an additional 10' beyond existing footprint.
The change would be made to side and rear setbacks side 5 ' to 41 , rear
30' to 24.
2. Steve Dellorfano, 62 Moffatt Road spoke in opposition only to identify
the use for the second floor over garage. Initial use would be for
work area and later to be used as a playroom.
3. A demolition permit would be necessary.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantia'_ detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
W
DECISION OF MICHAEL P. CHOUINARD REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 64 MOFFATT ROAD 7
page two . JuM Z I 18 fa X91
On the basis of the above findings of fact, and on thQIT vp enie- rp�g�ted
at the hearing, the Zoning Board of Appeal voted unanim@pp X+s -i€q grant
the variance 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 dimensions
submitted and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4 . Exterior finishes of the new construction shall be in harmony with the
existing structure. .
5. Petitioner is to obtain a building permit prior to beginning any
construction.
6. A Certificate of Occupancv is to be obtained.
7. A demolition permit is to be obtained.
Variance Granted l
May 21, 1997
Paul Valaskagis, 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
the Massachusetts General Laws 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 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 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