23 1/2 PHELPS STREET - BUILDING INSPECTION a� %a �h Alps St��et
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Cgitu of Salem, ttssttcliusPtts
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DECISION OF THE PETITION OF MICHAEL GRIMES REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT-23 %REAR PHELFS_STREET R== p
A hearing on this petition was held November 17, 1999 with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Harris, Stepfien
Buczko 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.
The petitioner is requesting a Variance from relief of rear setback to enclose existing _.
back patio for the property located at 23 % Rear Phelps Street located in an R-2 zone.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of 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 petitioner represented himself.
2. Mr. Grimes would like relief for the rear setback to enclose existing patio. The
existing patio is 10 feet by 18 feet, 10 inches. Construction is to be 2 x 4 walls and
room would consist of 2 x 6 joists. Walls and ceilings would be insulated and lighting
and wall receptacles added.
3. The petitioner presented a set of proposed plans.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF MICHAEL GRIMES REQUESTING VARIANCES
FOR THE PROPERTY LOCATED AT 23 '/2 REAR PHELPS STREET R-2 9
page two
On the basis of the above findings of fact, and on, the presented at the Zoning Boa?d of
Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to t r
following condition; r"'v
1. Petitioner shall comply with all city and state statues, ordinances, codes and 6
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 fire safety shall
be strictly adhered to.
4. Petitioner is to obtain Building Permit prior to beginning any-construction.
5. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number as to be visible from the street.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
November 17, 1999 Q
oIndt�C✓✓' ' 3
Ronald Harrison
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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.
all IL•DINGDEV T 33 Phelps Street
Salem, Massachusetts
September 10, 1982
RFCEN D
Mr. Robert Mac Intosh CITY OF SALECH,MASS,
Inspector of Buildings
1 Salem Green
Salem, Massachusetts
Dear Mr. Mac Intosh:
I would like to advise you that from the time you issued Mr. Grimes
r-- --_
of t2.3 Z�Rears.,Phelp lStzeet..'a,permit for, construction of an addition to his
house absolutly no construction has taken place.
As you may recall you visited the site in early July and observed
that a large hole had been excavated. That hole remains there unfenced
and a hazard to any unwary and unsuspecting child the condition of his
property in general is deplorable.
You expressed to me at the time in our telephone conversation in July
that you granted Mr. Grimes the permit with the understanding he would move
right along with the construction.
If it is going to take him five years to complete construction ( he
started construction preparation four years ago) he should at least be
required to fence off the construction site, I do not know if this is the law
or not but it seems to be common sense.
Yours truly, D
Roger W. Pied
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RETURN
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Richard T. McIntosh
One Salem Green jury 9,1982
WWI Grimes -
2.3k Phelps Street
Salem,% 01910
Dear Mr. Grimes:
Please be aware of the fact that the Board of Appeals
decision relating to your property expired in 1980. Tye
Building Permit #386 issued October 10, 1980 has also .
expired,
you must therefore cease and desist from any and all
excavat:i.ons and construction immediately'
Failure to comply with the above is subject to fines.
and penalties as outlined in the Massachusetts State Building
Code and City of Salem Zoning Ordinances.
Very truly yours,
Richard T. Mcigtosh
Inspector of Buildings
Zoning Enforcement Officer
RTM:mo' s
CC: Stephen Lovely
CERTIFIED MAIL 1 0024595
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23 Phelps Street
Salem, Massachusetts
July 31 1982
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Mr. Robert Mao-Intosh •
Inspector Of Buildings c9
1 -Salem Green -
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Salem, Massachusetts
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Dear. Mr Mae Intosh:
--I am writing to you because I am Concerned--about the construction
activity of Mr. Grimes at 23* R Phelps St. Several years ago he applied
for a variance to construct a two story addition-to his property. At
that time I made no protest because of ter discussing the matter with him
it seemed like a worthwhile project,
In anticipation of being granted ,the variance and permit he purchased
used lumber to construct the "addition with�he also removed all the property
line f enees whioh, aoutted our properties so he could move lumber, eat.
ewer I was assured these would be promptly replaced, they never have
been. No construction activity took place for four years or so.
For all these years his property has been an eyesore strewn with
rubbish, building materials, wheelbarrows eat. which part of of ten f ind
" their way on to my property where they lay untill I remove them,
We asked him last week if his building permit had expired and what
his plans were, Mr. Grimes said no his permit had not expired and a friend
of his with a backhoe would begain digging the foundation within a week.
As I pen this letter his friend has starte6 to dig the foundation. IT
Live'
appears they are digging to the propertyVif in fact not beyond.
My reason f or writing to you is to f ind out are the building without
a valid permit?, Does the variance give them the right to construct vdq&jmC
ter
U that close to the property line, and can I protest at
this time,f rom my past experences with Mr. Grimes this project will
carry on for years and most likely diminish the value of my property,.
Please take this matter into account as soon as your time permits
and let me know if Mr. Grimes is carrying--out his construction in
accord with the variance and with a valid permit, and what are my rights
in the matter. You may call me at home during the day at 744_2909 if
this is more convient-for-you and would expidite matters as I am very
concerned as you can imagine any homeowner would be.
I would also appreciate if we could keep this matter between your
office and myself until you check out the matter and it may become
necessary for me to file a formal complaint.
S Yours truly /
Roger W. Pied
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RECEIVED
etj�p1',' :i 31 PH 179
CITY CLLFA'S OFFICE
?Rmb Df PMI SALEM. MASS.
SEPTEMBER 12, 1979
DECISION ON THE PETITION OF MICHAEL E. GRIMES, 23'k PHELPS STREET. (R-2 District)
A hearing on this Petition was held on September 12, 1979, with the following
Board Members present: James Boulger,-Chairman; Arthur LaBrecque; Douglas
Hopper; John Nutting; and Anthony Feeherry. Notices were sent to abutters and
others, and duly published in the Salem Evening News on August 29 and September 5,
1979 in accordance with Mass. General Laws, Chapter 808.
The Petitioner represented himself before the Board. He requested a variance
from the side line requirements for construction of a two story addition
15'0" x 1910" to a single family house, this to provide more living space for
his expanding family. The lot contains only 3703 square feet. He has owned
the house for five years.
One letter was submitted in favor. There was no opposition from abutters.
The Board noted that the lot is greatly undersized and that the side lines do
not conform to the Zoning. The Board voted to grant the variance to allow the
owner to build the building addition, because of obvious hardship because the
lot size was so small, with an 18'0" set back from the rear lot line and 51011
from the southeast side lot line, this dimensioned reduced to 3'0" set back at
the chimney only.
The Board decided that it could grant the variance requested because of the
" small lot size, which is entered via a right of way, without detriment to the
neighborhood, or without derogating from the intent of the Salem Zoning By-Law.
Hardship was singular to this site and expansion of living space was required
by an expanding family.
VARIANCE GRANTED
APPEAL FROM THIS DUISI ! �;iY TALL i- .'LA)E PURSUANT TO SECTION 17 OF THE MASS. /J
GENERAL LAWS C APTEP U. AND SHAI:- ITHiN 20 DAYS AFTER THE DATE OF�ILING ��� kl2 � Aa (24i-
OF THIS C°rISI.Ilp IN THE OFF!-': GV )'; r ?g 6dmes H. Boulger, Jr. 'i�l —zz-
PIVISA.N;i 10 i P > -�. ' r.' .. C! 1 11. 6E VARIA�C.. OR Sa.C!A' PE?M!T (:I.18irm8II
GR'.A:TF:i ! !+ .,r:.,_L b .. F ., . .. 'P �F 'i ..,..i F..'.;N3 THL CERT.
FlCATIOi-0 OF 7dF Giif CLEt' ifs 'LJ e, 1. . ," L F9S CEEN FILED,
OR Ti1AT, IF SUCH AN AP,-1N- r.,, Jr t P."., -+ ( ,,,,_t CR D.iNIED IS
RECORDED IN Till SOUTH ESSEX R`r;;STRO OF Uiiti'G f VID Ult;O i? WE NAME OF THE O'NNER -
OF RECORD 0$ IS RECORDED AND NUTEO Dib THE O:YNER'S CUNT FICATE OF Ti TLE.
BOARD OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERIC.
HAROLD J. SMITH, PREP mENT I 'e*
ANDREW H. SARBIERE, VICE PRESIDENT YORK, N. Y.
ARTHUR BLAND, VICE PRESIDENT ORK
�j�p J }ARDSL.Lt;'(pJ L. 1., N YI
ARTHUR SICKER, HANgD[w '�!/��/q/ SYRACUS�,, WYYORK
1R✓ '�(i ESH MEADOWS, N. Y.
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AVDEN, CONNECTICUT
.x Nf Lto. pWMdCI SSACHUSETES
* ISAC yy.q OLK CTY., N.V.
�1RJ ELAS RIVERTON, N.J.
Harold J. Smith Adjusters, Inc.
ADJUSTERS FOR INSURANCE COMPANIES
211 CONORESS STREET
BOSTON, MASSACHUSETTS 02110
CABLES: HASMITHCO N. Y.
(617) 452-1544 TELEX: 12-9244
10-7-824-106 April 14, 1982
TO: Building Commissioner or Board of Health or
Inspector of Buildings Board of Selectmen
Salem City Hall
Salem, Massachusetts
RE: Insured: Rodger W. & Martha Pied
ma23 Phelps Street, Salem,-mass achusetts �
Property Address: y-
Policy Number: H228325
Loss of: March 1, 1982 19 82
File or Claim Nutaber: 10-7-824-106
Claim has been made involving loss, damage or destruction of the
above captioned property, which may either exceed $1,000.00 or cause
-`Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice
under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate please
direct it to the attention of the writer and include a reference to the
captioned insured, location, policy number, date of loss and claim or
file number.
Signature:
Ti le:
On this date, I caused copies of this notice to be sent to the
persons mamed above at the addresses indicated abovefy first c ss mail.
�* Lf-%4/&
INTERNATIONAL ADJUSTERS '-Signa ure an a e