135 OCEAN AVENUE WEST - BUILDING INSPECTION 135 OCEAN AVE. WEST r
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C'TY Of SALI--M. MASS
CLERK'S of Fict
DECISION OF THE PETITION OF DONALD & RUTH,HESSE_REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT"135_0CEAN AVENUE` WEST-R-2
A hearing on this petition was held May 20, 1998 with the following Board
members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison
and Stephen Buczko. 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 Variances on side and rear setbacks to allow an
addition for the property located at 135 Ocean Ave West.
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.
:'he Board of Appeal , after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . The petition was presented by Donald Hesse, owner of the property.
2 . Basic plans were submitted and to be approved by the Building Inspector:
3. Kevin Talbot of 134 Ocean Ave. spoke in favor of the petition.
» . There was no opposition to this petition.
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 substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
y. DECISION OF THE PETITION OF DONALD & RUTH HESSE REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 135 OCEAN AVE WEST
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to 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.
3 . All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
6. Petitioner is to obtain approval from any City Board of Commission
having jurisdiction including, but not limited to, the Planning Board.
7. Exterior finished of the new construction shall be in harmonv with
the existing structure.
Variance Granted
Mlay 20, 1996
Paul Valaskagis, Mem er J
Board of Appeal
=. COPT OF THIS DECISION HAS BEEN FILED WITH THE PLANNILNG 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
3 Tito of #UlEm, massar4usetts
1 �'a Public Propertg department
Nuilbing Department
(One #alem (barn
508-745.9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
November 26 , 1997
Donald Hess
135 Ocean Ave . West
Salem, Mass . 01970
RE : 193 North Street
Dear Mr . Hess :
On May 23 , 1995 a permit ( #220-95 ) was issued to you
for work to be done for the property located at 193 North
Street .
As to this date a final inspection was never done .
Please call this office so we can set up a date and time
to complete this inspection for our records .
Thank you in advance for your anticipated cooperation
in this matter .
Sinc ely
y'L nQ bYi
Leo E . Tremblay .�
Inspector of Buildings
LET: scm
3 (�itg of *ttlem, massar4usetts
Joublic Ilropertg Fepartment
Nuilbing Department
(Ont %1cm (6recn
500-745-9595 Fitt. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
November 26 , 1997
Donald Hess
135 Ocean Ave . West
Salem, Mass . 01970
RE : 193 North Street
Dear Mr . Hess :
On May 23 , 1995 a permit (#220-95 ) was- issued to you
for work to be done for the property located at 193 North
Street .
As to this date a final inspection was never done .
Please call this office so we can set up a date and time
to complete this inspection for our records .
Thank you in advance for your anticipated cooperation
in this matter .
Since ely,
Leo E . Tremblay ,T
Inspector of Buildings
LET: scm
of 19- tt rin, Massar4wirtts
t1uhlic Propertp Department
Nuilbing Department
(One Belem (5reen
508-745-9595 Ext. 3011
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer May 24 , 1996
Nickolas Orgetta
Doloras Jolly
135 Ocean Ave . West
Salem, Mass . 01970
RE : 135 Ocean Ave . West
Dear Nickolas & Dolores :
Thank you very much for your response to the letter
dated on May 13 , 1996 regarding the above mentioned
property. An inspection was conducted and found all
violations corrected.
This office will notify all the appropriate
departments and the Ward Councillor that this situation
has been brought to a satisfactory conclusion.
Sincerely{,
Leo E. Tremblay /[
Inspector of Building
LET: scm
cc: Dave Shea
Jane Guy
Councillor Donahue , Ward 3
Otu of �ttlem, flassar4usetts
Public Prnpertp Department
+�uilbing Department
fine 6atem Green
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 13 , 1996
Nickolas Orgetta
Dolores Jolly
135 Ocean Ave . West
Salem, Mass . 01970
RE : 135 Ocean Ave . West
Dear Nikolas & Dolores :
On April 2 , 1996 this department sent you a letter
requesting that you apply for proper permits for a pool
located at the above mentioned property . You did pick up
the application from my office, but have failed to return
them filled out .
This office will allow you an additional ten ( 10 )
days upon receipt of this letter. 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 . Tremblay
Inspector of Builings
LET: scm
cc: David Shea
Jane Guy
Councillor Donahue, Ward 3
Certified Mail #921 991 917
1
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ARTICLE-
• P 921 991 917 •
UNE 1.
.Nickolas Orgetta NUMBER
Dorlores Jolly
135 Ocean Ave. West
Salem, Mass. 01970
P �
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t FOLD AT PERFORATION it r WALZ. •
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INSERT IN STANDARD#10 WINDOW ENVELOPE. E EA T I F 1 E D
CIILJIII 'a
M A R E Y� ro
PosT^cE POSTMARK 00 RATE o
RETURN SNOW TO WHOM,DATE AND/ RESTRICTED w
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RECEIPT ADDRESS OF OEURv 'DELIVERY a
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CERDFIEO FEE+RETURN RECEIPT J
SERVICE >N
IOTAL POSTAGE AND FEES - =W
NO INSURANCE COVERAGE PROVIDED- W
Er SENT TO. NOT FOR INTERNATIONAL MAIL LLOO
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Nickolas Orgetts, <p
Dorlores Jolly w LL
195 oaeau Ave, Rest �o
1ru Salem, Maes. 01970 y
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`. PS FORM 3500 z
RECEIPT FOR CERTIFIED MAIL
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front).
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
it to your rural carrier(no extra charge).
2. If 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. If 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
permits.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.
n
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return
receipt is requested,check
i
check the applicable blocks in tem 1 of Farm 3811.
8. Save this receipt and present it if you make inquiry.
of 19mirm, massac4usEtts
Public Propertg i3epartment
iguilbing Department
(One dalem (green
5119-745-9595 iExt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer April 2, 1996
Nickolas Orgetta
Dolores Jolly
135 Ocean Ave. West
Salem, Mass. 01970
RE: 135 Ocean Ave. West
Dear Nickolas & Dolores:
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. Fence needs to be repaired around pool area.
2. Permit must be applied for on swimming pool. This office has no
record of issuing a pool permit at this property.
3. Wood burning stove permit has never been inspected and approved.
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. Tremblay
Inspector of Buildings
LET: scm
cc: David Shea
Tom Keough
Councillor Donahue, Ward 3
Certified Mail # P 921 991 894
i
' ARTICLE
_ P 921 991 894
UNE 1• Nickolas Orgetta NUMBER
Dolores Jolly
135 Ocean Ave. West
Salem, Mass, 01570
t FOLD AT PERFORATION t WALZ
INSERT IN STANDARD#10 WINDOW ENVELOPE. CERTIFIEDD
„ ,p;' M A I I F AT
PosTAGE - POSTMARK OR DATE o ,
RETURN SHOW TO WHOM,DATE AND RESTRICTED W,
RECEIPT ADDRESS OF DEUVERV DEUVERV , 6
SERVICE CERDFlEO FEE}RETURN RECEIPT Vl
TOTPL?G AGEIAND FEES
OINSDRA CECOVEM DED- W X
SENT TO: NOTACEINWRNATIONAL MAIL LL
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r� O K
a Nickolas Oraetta ap
Doloros"jolly MM
a 135 Ocean Ave. West v°
FU
Salem. mass. 01970 y
PS FORM 3800 z
RECEIPT FOR CERTIFIED MAIL 12
n
uxirtosrmcs �
i
i
r STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front).
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
i it to your rural carrier(no extra charge).
2. If 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.
y 3. If 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
permits.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.
6. Save this receipt and present it if you make inquiry.
SENDER
Complete items 1 and/or 2 for additional services. I also wish to receive the
• complete items s,and as a b, following services(for an extra fee):
• Print your name and address on the reverse of this form so that we can return this card
to you. 1. ❑ Addressee's Address
• Attach this form to the front of the mailpiece,or on the back it 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 of the person delivered to and the
date of dekver . Consult postmaster for fee.
3.Article Addressed.to: 4a.Article Number
P 921 991 894
l7?. .kul:
i?-,..t+Y F•._- u.fta ,,._ 4b.Service Type
01970 o.
7.Date o Deery Pv
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5. to atur (Aee 8.Addres e's s
j4�� (ONLY it 6d�st�e d le paid.)
6.Sigr-Eu —(Agent)
PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT
United States Postal Service II I I
(7110
Official Business
PENALTY FOR PRIVATE
USE,$300
IILr�rr�IllrlrrLrrlll�rr�rlLlrrrl�rLlrl�rll��rll
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
ENDER:
Complete Items 1 and/or 2 for additional services. I also wish to receive the
• complete items 3,and as a b, following services(for an extra fee):
• Print your name and address on the reverse of this form so that we can return this cab
to ya,. 1. El 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 of the person delivered to and the Consult date of danver . postmaster for fee.
3.Article Addressed to: 4a.Article Number
P 921 991 917
4b.Service Type
;35 pAcn, t,v:3; CERTIFIED
'1e.3♦ �.� ru. �ts�'ir�
7.Date of eliver
s 3 �
5,Signat re A e 8.Addr ssee's Address
r (ONLY if requested and fee paid.)
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� 6.Sign lure—(Agent) a
I
j PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT
United States Postal Service �p ��q`�n'
Official Business93
a wl
PENALTY FOR PRIVATE
USE,$300
IIL.,rrrllLlrrlrrrlll�rrrrll�Ir�rlyd�I�LJLrJI
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
r
Titu of tkilem, fttssar4usetts
ilublir PropertU Department
iguilbing Department
(One ltinlem (5reen
500-745-9595 Lxt. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 13 , 1996
Nickolas Orgetta
Dolores Jolly
135 Ocean Ave. West
Salem, Mass . 01970
RE : 135 Ocean Ave. West
Dear Nikolas & Dolores :
On April 2 , 1996 this department sent you a letter
requesting that you apply for proper permits for a pool
located at the above mentioned property. You did pick up
the application from my office, but have failed to return
them filled out .
This office will allow you an additional ten ( 10 )
days upon receipt of this letter. 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 . Tremblay
Inspector of Builings
LET: scm
cc: David Shea
Jane Guy
Councillor Donahue, Ward 3
Certified Mail #921 991 917
Titg of ttlPm, ttssttrl�usetts
Public Prapeng Department
Nui Bing Department
(One #stem (5reen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building April 2, 1996
Zoning Enforcement Officer
Nickolas Orgetta
Dolores .lolly
135 Ocean Ave. West
Salem, Mass. 01970
RE: 135 Ocean Ave. West
Dear Nickolas & Dolores:
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. Fence needs to be repaired around pool area.
2. Permit must be applied for on swimming pool. This office has no
record of issuing a pool permit at this property.
3. Wood burning stove permit has never been inspected and approved.
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. Tremblay 77
Inspector of Buildings
LET: scut
cc: David Shea
Tom Keough
Councillor Donahue, Ward 3
Certified Mail # P 921 991 894