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11 ORLEANS AVENUE - BUILDING INSPECTION Opandamenr 74520 40% P4 ,i CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL Z I20AC'AsinNi.hONSrrzIHr-r � tivr.�i,AInsti,�r,ursr-ra 01770 - Iili.i:9.r8-6I9-5685 P.M 778-i-10-OIpd KinOsi=.ia.rr Daisr,oi.i. 0 MA: M { o • n ar r L m � July 3, 2012 � X. W Decision z D a � City of Salem Zoning Board of Appeals W co Petition of SCOTT CHARLTON requesting Variances from side and rear setback requirements for an accessory structure to allow an 8'x6' shed on the property located at 11 ORLEANS AVE, Salem, MA (B-2 Zoning District). A public hearing on the above Petition was opened on June 20, 2012 pursuant to Mass General Law Ch. 40A, § 11. The hearing was closed on June 20, 2012 with the following Zoning Board of Appeals members present: Rebecca Curran (Chair), Annie Harris, Jamie Metsch, Michael Duffy, and Jimmy Tsitsinos. Petitioner seeks a Variance pursuant to Section 3.2.4 of the City of Salem Zoning Ordinances. Statements of fact: 1. In a petition date-stamped May 31, 2012, petitioner requested a Variance from side and rear setback requirements of an accessory structure to allow an existing shed to remain on the premises in its current location. 2. At the hearing, petitioner stated the shed had been erected 17 years ago, by a contractor petitioner hired, whom he believed was aware of and complied with all permitting and zoning requirements. Petitioner did not realize a variance would be needed. 3. Petitioner stated that the shed cannot be moved from its location to accommodate five (5) feet to the side and rear lot lines due to the presence of a large willow tree adjacent to the shed, which prevents it being moved without being disassembled. Photographs submitted with the petition depict the location of the shed and the adjacent tree. 4. At the hearing on lune 20, 2012, one resident, an abutting property owner, stated his opposition to the petition. While the objecting resident's concerns addressed various I h y , disputes with the petitioner, the objections did not include any objections to the shed remaining in its current location. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Desirable relief may be granted without detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, since the shed has existed for 17 years with no apparent problems, and it is small and minimally visible from the street. 2. Owing to its proximity to a large tree, the shed could not be moved without being disassembled, causing hardship to the petitioner. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals voted five (5) in favor (Curran, Duffy, Metsch, Harris, and Tsitsinos) and none (0) opposed, to grant the requested Variances. Variances from side and rear setbacks under Section 3.2.4 are granted to allow the shed located at 11 Orleans Avenue to remain. 0 A Akk Michael Duffy, Member Salem Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 certificate of the City Clerk has been filed with the Essex South Registry of Deeds. a CITY OF SALEM, MASSACHUSETTS BUILDINGDEPARTMENT 120 WASHINGTON STREET, 3RDFLOOR TEL: 978-745-9595 KIMBERLEYDRtSOOLL FAx: 978-740-9846 MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER April 26, 2012 Scott and Janice Charlton 11 Orleans Avenue Salem, Massachusetts 01970 RE: 11 Orleans Avenue Permit & Ordinance Violation Mr. & Ms. Charlton, On December 12, 2011 and March 27, 2012 our Department issued you a letter regarding a shed on your property located at 11 Orleans Avenue. Following an extensive search of our files following our Thursday, April 5'2012 site meeting it has been determined that no permit had been issued for the installation of the shed and that is also not in compliance with City of Salem zoning setbacks (see attached) as noted at during the meeting. You are directed by this letter to file the appropriate applications for permit in our office at 120 Washington Street, 3`d floor and relocate the shed prior to Tuesday, May 29, 2012. Failure to secure any and all permits and approvals shall result in Municipal Code tickets and further enforcement actions. Thank you in advance for your continued cooperation. If you have any question please feel free to contact this office. Sincerely, Michael E. Lutrzykowski Assistant Building Inspector Cc: file, Jason Silva, Councilor Jerry Ryan CITY OF,SALEM, MASSACHUSETTS =; ? BUILDING DEPARTMENT 120 WASHINGTON STREET, 3'FLOOR ��•vsw°4 . TEL: 978-745-9595 FAx: 978-740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMIISSIONER March 27, 2012 Scott and Janice Charlton I I Orleans Avenue Salem, Massachusetts 01970 RE: 11 Orleans Avenue Permit& Ordinance Violation Mr. & Ms. Charlton, On December 12, 2011 our office issued you a letter regarding a shed on your property located at 1 1 Orleans Avenue. In a Subsequent phone call it was agreed that our office would review to determine if a permit had been issued for the installation of the shed and respond prior to April of 2012 as of our findings. This Department has found no record of a required building permit for the illegally located shed at the back of your property. The aforementioned shed that is non-compliance via permit also is in conflict with City of Salem zoning setbacks. You are directed by this letter to file the appropriate applications for permit in our office at 120 Washington Street, 3`d floor and relocate the shed within thirty days of receipt of this letter. Failure to secure any and all permits and approvals shall result in Municipal Code tickets and further enforcement actions. Thank you in advance for your continued cooperation. If you have any question please feel free to contact this office. Sincerely, Michael E. Lutrzykowski Assistant Building Inspector t Cc: file, Jason Silva, Councilor Jerry Ryan i CITY OF SALEM, NWSAC HUSET°TS BUILDING DEPARTMENT - -- 120 WASHINGTON STREET,3RD FLOOR gyp, TEL: 978-745-9595 FAx: 978-740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER December 12, 2011 Scott and Janice Charlton 11 Orleans Avenue Salem, Massachusetts 01970 RE: 11 Orleans Avenue Permit& Ordinance Violation Mr. & Ms. Charlton, Our office received a complaint regarding your property located at 11 Orleans Avenue. The complaint was investigated on Thursday, December 7, 2011 and your property was found to be in violation of both the Building Department and the City of Salem Zoning Ordinance. This Department has no record of a required building permit for the illegally located shed at the back of your property. The aforementioned shed that is non-compliance via permit also is in conflict with City of Salem zoning setbacks. You are directed by this letter to file the appropriate applications for permit in our office at 120 Washington Street, P Floor at the earliest possible time. Failure to secure any and all permits and approvals shall result in Municipal Code tickets and further enforcement actions. Thank you in advance for your continued cooperation. If you have any question please feel free to contact this office. Sincerely, i Michael E. Lutrzykowski Assistant Building Inspector Cc: file,Mayor's Office,Councilor Jerry Ryan SENDER: SECTION . ■ Complete items 1,2,and 3.Also complete ' A. Signature item 4 if Restricted Delivery is desired. ElAgent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Receive Name Date of Delivery ■ Attach this card to the back of the mailpiece, �P 970,99 or on the front if space permits. - D. I Avery addmss different frok ? ❑Yes 1. Article Addressed to: ES,anter tlelivery gQQr�s belorat�C7 No SC-0'4 �����c� Chad- 0 oEc 1� �� p Od-eaq A- t 0 Certs Certified Mail ❑Express Mail ❑Registered ❑ Return Receipt for Memhandise ❑Insured Mail ❑C.O.D. ' 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (fmnsfer from service Iabeo PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATEDS`AL�SL9aYA0& i7.:Q4�,-.d d •" PS No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box City Of Baler Building Department 120 Washington Street Salem, MA 01970