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6 OAK STREET - BUILDING INSPECTION Ii { � 4 (�itv of 1�5ttlem, fassacilugetts TY DECISION ON THE PETITION OF RICHARD BERGERON FOR VARIANCES AT 6 OAK~STREETJ(,R'2)- A hearing on this petition was held May 16, 1990 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Edward Luzinski. 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 variances from density, setbacks and lot coverage to allow pool, deck and two existing sheds on the property. Locus is in an R-2 district. The Variances which have been requested may be granted upon a finding of the Board that: a. special conditions 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 thepetitioner; 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 at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The sheds on the property have been there for over eighteen ( 18) years and were in place when the present owner purchased the parcel. 2. The existing pool is 316" above ground and has aluminum sides. 3. The existing pool was put in place in June 1989 replacing an earlier structure that was smaller but in approximately the same location. 4. The existing deck is over 3' above ground and is within 3" of an abutters fence. 5. Existing deck was built without the required building permit and is in violation of the City of Salem Zoning Ordinance. 6. The existing pool was erected without the required building permit and is in violation of the City of Salem Zoning Ordinance. 7. The deck in its present location creates a hazard to the abutters property. r' i DECISION ON THE PETITION OF RICHARD BERGERON FOR VARIANCES AT 6 OAK STREET, SALEM page two 8. It would be possible to situate the pool on the site so as to comply with the setbacks required by the City of Salem Zoning Ordinance. 9• Extreme concern about privacy and safety were expressed by the owner of the adjacent property. 10. Any hardship created by the location of the eoel and deck were self-created. The Board of Appeal voted unanimously, 5-0, to split the motions thereby separating the request for Variances for the pool and deck from the request for variances to allow existing sheds to remain. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the motion to grant the Variances requested to allow the existing pool and deck. The motion having failed to garner the required four affirmative votes necessary to pass is defeated and the Variances requested to allow the existing pool and deck are denied. POOL & DECK DENIED The Zoning Board of Appeal voted unanimously, 5-0, to grant the variances requested to allow the two existing sheds to remain subject to the following conditions: 1 . All requirements of the Salem Fire Department relative to fire safety are strictly adhered to. ,2. Petitioner must obtain a legal building permit for said sheds. VARIANCE FOR SHEDS GRANTED Mary J Stirgwolt, ember, Board of Appeal Appeal from this decision. If any, shall be made puYsuant to Section 17 e1 the Mass. General laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or gecial 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 dismisse0 or denied is recorded in the South Essex Registry of Deeds and indexed under the name er the owner of record o[ is recorded and noted M the owner's Certificate of Title. BOARD OF APPEAt1 UNITED STATES POSTAL SERVICE I I I I I I OFFICIAL BUSINESS / SENDER INSTRUCTIONS Print your name,etltlreee and ZIP Code In the petelew. Com • ComDkne Items 1,2,3,and 4 on the � reverse. • Atj'eh to front of article k apace �permks, otherwise stile to beck of 'article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, 8300 Requested"edjecent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. royr�2 . nig �o • SENDER: Complete Items 1 and 2 when additional services are desired, and complete items 3 and 4o n Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the Person delivered to and the date of delivery.Fore itlona ees t e o owing services are ave a e. onsu t postmaster or s an c c ec ox es for additional service(s) requested. 1. Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: Article Number Type of Service: Registered ❑ Insured Certified ❑ COD ,\ ❑ Express Mail ❑ Return Receipt r Q g V for Merchandise r ^1,4ays obtain signature of addressee -` rag a .TEDELIVERED. — Addre "`�, 8. dr ssee's Address (ONLY if I re4yesirdoqAfee paid) i } 6. gent 7. Date o livery �P&E-em 38 L.W-...-a,.Q G.P." 1988-212-865 DOMESTIC RETURN RECEIPT P 152 922 836 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sentt t A Sh Tend N��33�C��.GL///E P.O.,S to a ZIP Cod 1.4 stage, ostage S 'Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered n Return Receipt showing to whom. Date,and Address of Delivery TOTAL Postage and Fees s 7 Postmark or Date E yLL 6 STICK POSTAGE STAMPS TO ARTICLE TO COVEN FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FON ANY SELECTED OPTIONAL SERVICES. (see front) t. It you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a past office service window or hand it to your rural carrier. (no extra charge) 2. It you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article, date, detach and retain the receipt,and mail the article. 3. It you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 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. B. Save this recerpl'and present it it you make inquiry. ` x o U.S.G.P.O.1988 21 2-1 32 Citp of balem, Alaaacbuatto Public property 3Department ape Nuffbing Department (One *alem Oreen 745-9595 (ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 31, 1989 Mr. Richard J. Bergeron 6 Oak Street Salm, MA. 01970 RE 6_Oak Street Dear Mr. Bergeron: In answer to complaints of possible Massachusetts Building Code Violations Section 113.0 (permit required for work done) . Anyone who shall violate a provision of this code shall be punishable by a fine of not more than one- thousand ($1,000) dollars or by imprisonment for not more than one year, or both, for each violation. Each day during which any portion of a violation continues shall constitute a separate offense. Also, you may be in violation of Salem Zoning Ordinance Section VII, Paragraph J.3 (swimming pools) . Violation of any of the provisions of this ordinance shall constitute a misdemeanor. Any persons who violate this ordinance shall, upon conviction thereof, be fined not more than one hundred ($100) .dollars per violation, and in addition pay all cost and expense involved in the case. Each day violation continues shall be considered a separate offense. Please contact this office within seven (7) days from receipt of this letter, so we can inspect said property for these violations. To correct said violation, permit or special permits, should be obtained from this office or from the Board of Appeals. Sincerely,, James D. Santo Assistant Building Inspector JDS/Jmh c.c. City Solicitor Ward Councillor �a Citp of Oalem, 41ag OIC ettg P J)ubtic propertp 0epa©r,t�me, t 28 pp; '8 °Bp B Nuffbing ;Departmtl� REGI iYr!0 one 0041em arern P�q,Y OF &ALLM-WASS. 745-9595 4Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 31, 1989 Mr. Richard J. Bergeron 6 Oak Street Salm, MA. 01970 ARE- --r Dear Mr. Bergeron: In answer to complaints of possible Massachusetts Building Code Violations Section 113.0 (permit required for work done) . Anyone who shall violate a provision of this code shall be punishable by a fine of not more than one- thousand ($1,000) dollars or by imprisonment for not more than one year, or both, for each violation. Each day during which any portion of a violation continues shall constitute a separate offense. Also, you may be in violation of Salem Zoning Ordinance Section VII, Paragraph J.3 (swimming pools) . Violation of any of the provisions of this ordinance shall constitute a misdemeanor. Any persons who violate this ordinance shall, upon conviction thereof, be fined not more than one hundred ($100) dollars per violation, and in addition pay all cost and expense involved in the case. Each day violation continues shall be considered a separate offense. Please contact this office within seven (7) days from receipt of this letter, so we can inspect said property for these violations. To correct said violation, permit or special permits, should be obtained from this office or from the Board of Appeals. Sincerely, James D. Santo Assistant Building Inspector JDS/jmh c.c. City Solicitor Ward Councillor DATE OF PERMIT PERMIT No. OWNERLOCAIIIIN July 20,1966 #239 George E.Lord =6;Oik SStreet , STRUCTURE MATERIAL DIMENSIONS No.OFSTORIES No.OFFAMILIES WARD COST Garage I I6 ------ Demolish 201x12 ' BUILDER Gregory Storozuk Demolish GaraF;e