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13 OAK STREET - BUILDING INSPECTION 13 OAK STREET i CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 917MR-31 py:1t. 120 WASFBNGTON STREET♦SALEM,MASSACHUSETTS 01970 C1 rY C 05 KBOERLEYDRiscoiL TuE:978-745-9595 0 FAX:-978-740-9W SALEMLLER S MAYOR May 313 2017 Decision City of Salem Board of Appeals A public hearing, for all persons interested in the petition of CARMINE DEFALCO seeking a Special Pemrit per Sec. 3.3.5 Nonconfomring Singk and Two Family Structures of the Salem Zoning Ordinance, to remove an existing rear portion of the structure and to replace it with a new 18' x 26' one-story addition at the property located at 13 OAK STREET(Map 26,Lot 21)(R-2 Zoning District) A public hearing on the above Petition was opened on May 17, 2017 pursuant to M.G.L Ch. 40A, § 11 and dosed on that date with the following Salem Board of Appeals members present Rebecca Curran (Chair), Tom Watkins,Mike Duffy,Jimmy Tsitsinos,and Paul Viccica (alternate). The petitioner is seeking a Special Permit per Sec. 3.3.5 Nonconforming Singk and Two FamijSirmams of the Salem Zoning Ordinance, to remove an existing rear portion of the structure and to replace it with a new 18' x 26'one-story addition. Statements of fact: 1. Carmine Defalco,petitioner,presented the petition. 2. In the petition date-stamped April 25, 2017, the petitioner requested a Special Permit per Sec. 3.3.5 Nonconforming Singk and Toro FawyStrmawvs of the Salem Zoning Ordinance, to remove an existing rear portion of the structure and to replace it with a new 18'x 26'one-story addition. 3. The petitioner is proposing to remove an existing 10' x 12' one story structure to be replaced with a new 18'x 26'one-story addition. 4. The existing structure is a rear kitchen that is original to the home. The existing one-story rear structure is dilapidated and non-functional. The petitioner has rehabilitated this existing structure and the rear portion of the structure is the last component of this project. 5. The existing structure is non-conforming as to the side yard and rear yard setbacks. The petitioner is proposing to reduce the rear yard setback from +/- 23.7' feet to +/- 15.5' feet. The petitioner is also proposing to reduce the west side yard setback from +/- 15'feet to +/- 8'feet. 6. The requested relief, if granted, would allow the petitioner to remove an existing rear portion of the structure and to replace it with a new 18' x 26' one-story addition, which will include a kitchen and additional bedroom. 7. At the public hearing no members of the public spoke in favor of, and none (0) in opposition to, the petition. City of Salem Board of Appeals May 31,2017 Project: 13 Oak Street Page 2 of 3 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: Findings for Special Permit: The Board finds that the proposed expansion of the non-confomvng single-family structure is not substantially more detrimental than the existing non-conforming structure. 1. Social,economic and community needs are served by the proposal. 2. Traffic flow and safety,including parking and loading is adequate. 3. Adequacy of utilities and other public services will not be negatively impacted. 4. Impacts on the natural environment,including drainage will remain the same. 5. The proposal fits with the character of the neighborhood. 6. Potential fiscal impact including impact on City the tax base and employment is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Rebecca Curran (Chau), Tom Watkins,Mike Duffy,Jimmy Tsitsinos, and Paul Viccica (alternate)) and none (0) opposed, to grant a Special Permit per Sec. 3.3.5 Nonconforming Singk and Tiro Family Shudures of the Salem Zoning Ordinance, to remove an existing rear portion of the structure and to replace it with a new 18' x 26' one-story addition, as shown on the plans and petition filed herein, subject to the following terms, conditions and safeguards: Standard Conditions: 1. Petitioner shall comply with all city and state statues, 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. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to the Planning Board. City of Salem Board of Appeals May 31,2017 Project: 13 Oak Street Page 3 of 3 Rebecca Curran Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this dea don,if an};shall be made pursuant to Section 17 of the Ma sachnsegs General Lams Chatter 404,and shall be ftkd within 10 days of feting of Abu deciaon in the off m of the Gty Clerk Purraant to the Macrachusettf Generall"s Chapter 40A,Section 11, the Variance or Speaial Pnmitgronted herein shall not take effect until a copy of the decision bearing the certificate of the o' v Ckrk har been fikd with the Esrex South Registry of Deedr. • i 13 Oak Street Salem, NIA 01970 February 22, 1997 Leo E. Tremblay Inspector Of Buildings One Salem Green Salem, MA 01970 RE: 13 Oak Street Salem, MA 01970 Dear MR.Tremblay: I, Ronald W. Plutnicki, am writing on behalf of my aunt, Lillian Sweeney, the owner of the residence at 13 Oak Street. You may recall your visit and meeting with me on June 25, 1996, I am enclosing a copy of the letter you sent to the Middlesex Con- struction Company as a follow-up to our meeting. First, Lillian and I did act on your suggestion and placed three lallly columns at the locations you pointed out. Since that time we added five more lally_columns, because we found more damage to the foundation wall. Next, let me advise you that no representative of Middlesex Construction has contacted my aunt since your letter of June 26, 1996. I was waiting for the company to share with us vibration information that they had collected in early June. I can only assume that they discovered data showing the pile/sheet driving did cause vibrations that could have damaged the foundation walls at 13 Oak Street. With construction work in the Flint Street area continuing and scheduled to continue well into the summer, our concerns about more damage is only heightened. Also, Lillis fuel oil dealer feels the vibrations has caused problems with the furnace. We are asking you again to inspect 13 Oak Street but in the company of a representative of Middlesex Company and Councillor Sally Hayes. You can contact Lillian at (508) 744-7361 . I am concerned for the safety of my aunt as well as for my mother, Irene Plutnicki, who also lives at 13 Oak Street. Thank you for your assistance. Sincerely, ( � Ronald W. lutnicki (for Lillian F. Sweeney) cc : Sally Hayes, Councillor Ward 6 Gordon Moore, Middlesex Construction Company Mark Eggleston, Middlesex Construction Company Y �4 TitLi of *�ttlEm, fttssar4usetts Public Prnpertg Department iguilbing Department (one 681cm (6reen 508-745-9595 $ict. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 26, 1996 Middlesex Construction Company c/o Gordon Moore 70 Flint Street Salem, Mass . RE : 13 Oak Street Dear Mr . Moore : On Tuesday, June 25 , 1996 I had a conversation with you over the telephone concerning property located at 13 Oak Street . You mentioned to me you had gone into the basement of 13 Oak Street and determined that the damage to the foundation of the building was caused by the vibration of the pile or sheet driver, located down the street working on the North River Canal . On Wednesday, June 26, 1996 I conducted an inspection of the interior of the foundation located at 13 Oak Street and totally agree with your assumption of the damages , and how it was caused by the extreme vibration of the ongoing construction located at the North River project . I do not feel that tha amount of damage is severe or in any immediate danger . I spoke to the nephew of Mrs . Sweeney and suggested some immediate shoring in one location. I also suggested that he keep working with you directly for additional repairs if required in the future . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm cc : Councillor Hayes, Ward 6 Mrs . Lillian Sweeney 13 Oak Street Salem, Mass . 01970 r C�it� of �tt1Prn, �ttttsttrl�utt�tts ry f'o Public Propertg i9epartment Nuilaing Department (Ont *alem green 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 26, 1996 Middlesex Construction Company c/o Gordon Moore 70 Flint Street Salem, Mass . RE : 13 Oak Street Dear Mr . Moore : On Tuesday, June 25 , 1996 I had a conversation with you over the telephone concerning property located at 13 Oak Street . You mentioned to me you had gone into the basement of 13 Oak Street and determined that the damage to the foundation of the building was caused by the vibration of .the pile or sheet driver, located down the street working on the North River Canal . On Wednesday, June 26 , 1996 I conducted an inspection of the interior of the foundation located at 13 Oak Street and totally agree with your assumption of the damages , and how it was caused by the extreme vibration of the ongoing construction located at the North River project . I do not feel that the amount of damage is severe or in any immediate danger. I spoke to the nephew of Mrs . Sweeney and suggested some immediate shoring in one location. I also suggested that he keep working with you directly for additional repairs if required in the future . Thank you in advance for your anticipated cooperation in this matter. Sincerely, it Leo E . Tremblay Inspector of Buildings LET: scm cc : Councillor Hayes , Ward 6 Mrs . Lillian Sweeney 13 Oak Street Salem, Mass . 01470 . � � ' �J ' ( Titg of #Hlem, massar4usetts Public Prapertg i9epartment liuilDing Beyartment (One Balem Green 500-745-9595 $3t. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 26, 1996 Middlesex Construction Company c/o Gordon Moore 70 Flint Street Salem, Mass . RE: 13 Oak Street Dear Mr. Moore : On Tuesday, June 25 , 1996 I had a conversation with you over the telephone concerning property located at 13 Oak Street . You mentioned to me you had gone into the basement of 13 Oak Street and determined that the damage to the foundation of the building was caused by the vibration of the pile or sheet driver, located down the street working on the North River Canal . On Wednesday, June 26, 1996 I conducted an inspection of the interior of the foundation located at 13 Oak Street and totally agree with your assumption of the damages, and how it was caused by the extreme vibration of the ongoing construction located at the North River project. I do not feel that the amount of damage is severe or in any immediate danger. I spoke to the nephew of Mrs . Sweeney and suggested some immediate shoring in one location. I also suggested that he keep working with you directly for additional repairs if required in the future. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Councillor Hayes, Ward 6 Mrs . Lillian Sweeney 13 Oak Street Salem, Mass . 01970 13 Oak Street Satan , 1"a 01970 March 24, 1997 Leo E. Tremblay Inspector Of Buildings One Salem Green Salem, MA 01970 RE : 13 Oak Street Salem, MA 01970 Dear Mr. Tremblay: At your request Michael Joel, Safety Officer, and Peter Salinder, Project Manager, both of Middlesex Corporation visited 13 Oak St. on'Thursday, March 20., 1997 . Attending for the Salem Building Department was Maurice Martineau, Assistant Building Inspector. They did view the cellar foundation walls as well as the locations of the recently installed lally columns . Mr. Joel advised neither he nor Mr. Salinder were structural engineers, herefore, did not have the expertise to comment on the structural integrity of the foundation walls at 13 Oak St. They could not state if the pile driving had caused any damage at 13 Oak St. Mr. Joel suggested that Lillian Sweeney contact her homeowners insurance agency and advise them of the situation. He feels that either the insurance company or the city of Salem could provide a structural engineer to survey 13 Oak St. Mr. Joel went on to say that if this expert recommends action items to insure the structural integrity of the foundation walls and floor beams that Middlesex Corporation would review any plan that might be proposed. At the same time, he indicated that his employer may not accept any fault or responsibility to provide corrective action. Based on this, Lillian has agreed to contact her insurance company as soon as possible. We will keep you informed. Sincerely, Ronald Y Plutnicki (for Lilliam F. Sweeney) cc : Sally Hayes, Councillor Ward 6 Michael Joel, Middlesex Corporation Peter Salinder, Middlesex Corporation