6 OAK STREET - BERGERON, RICHARD - ZBA 6' :Oak st" I.- R-2
1 Richard Bergeron
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of ulem, nssadlusetts
Boura of Appeal r! :-
DECISION ON THE PETITION OF RICHARD BERGERON FOR VARIANCES
AT 6 OAK STREET (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.
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 pool 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 allot, 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 Pf
Stirgwolt,dfember, Board of Appeal
_ Appeal from this decision, If any, shall be made pursuant 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 4aecial 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 dismisseC or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or,
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEALI
MAY 127 1991'"1
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SALEM,MASSACHUSETTS
SALEM MEDIATION PROGRAM
TELEPHONE
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745-416Q
MEDIATED Ar,REEMENT DATE:
We the undersigned have taken part in a mediation session on
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DATE, s. and. conditions:
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FIRST DISTRICT COURT OF ESSEX
65 WASHINGTON STREET
SALEM,MASSACHUSETTS
SALEM MEDIATION PROGRAM
SAMUEL E.ZOLL,PRESIDING JUSTICE TELEPHONE
DAVID T.DOYLE,JUSTICE 745-4165
ROBERT F.ARENA,CLERK-MAGISTRATE 745-4169
DAVID E.CARLTON, MEDIATION PROGRAM DIRECTOR
August 8 , 1989
Mr . Richard Bergeron
n Oak Street
Salem, MA 01970
Dear Mr . Bergeron ,
The Office of the Clerk Magistrate of the Salem District Court has
asked us to contact you regarding mediation of a dispute involving
yourself and Casimir and Doris Obremski .
The Salem Mediation Program is operated in the Salem District
Court in an effort to resolve some disputes out of court through
discussion leading to a mutually acceptable agreement. Agreements
are reached by disputants in 90% of the cases mediated by our program.
Pleace call our office between the hours of 8 : 30 a.m. and
4 : 30 p.m. on or before Augustl5 , 1989 to discuss your case further.
Any questions will be answered at that time.
If you do not contact us , your case will be referred back to
the referral source for further action.
Thank you for your prompt attention to this matter.
Sincerely,
Sarah L. Donovan
Case Manager
f
FIRST DISTRICT COURT OF ESSEX
65 WASHINGTON STREET
SALEM, MASSACHUSETTS
SALEM MEDIATION PROGRAM
SAMUEL E. 20LL, PRESIDING JUSTICE TELEPHONE
DAVID T. DOYLE, JUSTICE 745-4165
ROBERT F. ARENA, CLERK-MAGISTRATE 745-4169
DONNA HERMAN, PROGRAM DIRECTOR
MEDIATION SESSION CONFIRMATION
Mediation Session involving: Casimir & Doris Obremski
Richard Bergeron
Session to be held at : Salem District Court
Conference Room across from courtroom,
Session II
Date and Time : Monday, August 21, 1989 at 9 : 00 AM
Please make every effort to be there or notify the office in
advance so that we can re—schedule the session.
i
FIRST DISTRICT COURT OF ESSEX
U WASHINGTON sTaaaT
"Law.MAiaACHtawer"
SALEM MEDIATION PROGRAM
TELEPHONE -
745-4165
745-4i6q
MEDIATED ArREEMENT — - — -_
DATE:
We the undersinned have taken part in a mediation session on
-SIAI k`1 and have agreed to the following terms and conditions:
DATE
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We understand that this aqreement is the only part of` the medlatioo process that
Is not considered confidential . We feel it+:represents an'accurate and reasonable
settlement.
Signatures - Date aWTtnes dxh � ' fiat
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MORTGAGE
THIS MORTGAGE is made this. . . . . . . . . . . . . . U. . . , . . .day of. . . . . . . . .
19. . .�.7between the Mortgagor,. .JANICE C. BERGERON
(herein "Borrower"), and the Mortgagee.. . . . . . . . . . . . . . . . . .. . .
. .SALEM ,FIVE .CENTS SAVINGS .BANK „ a corporation organized and existing
. . . . . .. . . . . . . . . . . . . . . . . . .
under the laws of. . COMMONWEALTIi OF MASSACHUSETTSµhose address is210 Essex Street,
Salem, ,Massachusetts. . . ... .. . ... . . . . . . . . . . . . . . . . . . .. . . . . . . . .
(herein"Lender").
TWENTY—SIX THOUSAND
WHEREAS,Borrower is indebted to Lender in the principal sum of. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. ..
.-----77---7-7------------------ .Dollars, which indebtedness is evidenced by Borrower's note
dated. . . . . . . . . t V ,1977 (herein "Note"), providing for monthly instal] ents of print' a d interest,
with the bal2ftce of the indebtedness, if not sooner paid, due and payable on. . . . . . . . . . . . . . . .. .
To SECURE to Lender (a) the repayment of the.indebtedness evidenced by the Note, with interest thereon, the
payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this
Mortgage, and the performance of the covenants and agreements of Borrower herein contained, and(b) the repayimcnt
of any future advances,with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein
"Future Advances"), Borrower does hereby mortgage, grant and convey to Lender, with power of sale, the following
described property located in the County of. . . . . . . . . . . . . . . . .Essex. . . . . . . . . ..State of Massachusetts:
A certain parcel of land inSalem, Essex County, Commonwealth of
Massachusetts; with the buildings thereon, bounded and described as
follows:
EASTERLY by Oak Street about fifty (50) feet;
SOUTHERLY by land now or formerly of McGrath about
one hundred (100) feet;
WESTERLY by land now or formerly of Carlton about
seventeen (17) feet four (4) inches;
SOUTHERLY by said land of Carlton about thirteen
(13) feet;
WESTERLY by land now or formerly of Libby about
thirty—two (32) feet eight (8) inches;
and j
NORTHERLY by land now or formerly of Pendergast,
Brennan and Daley about one hundred
thirteen (113) feet. _..
Being the same premises conveyed to me by deed of Maurice A. Chouinard
dated July 20, 1972 and recorded with -Essex South District Registry
of Deeds in Book 5892 , Page 289.
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6 Oak StreetSalem
which has the address of. .. . . .. . ... . .. . . . . . . . . . . .. . . . . . . . . .. .. . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . .. .. ..
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Aire Pepartment Xenhquarters
48 `�iafagctte ,*treet
Joseph F. Sullivan Aa6m, Pa. 01970
Chief
City of Salem Re: 6 Oak Street
Board of Appeal Richard Bergeron
One Salem Green Hearing date: May 16, 1990
The property located at #6 Oak Street has no current compliance with the
provisions of Chapter 148, Section 26E, Massachusetts General Laws
relative to the installation of automatic smoke detectors.
The Salem Fire Department has no objection to the granting of Variances to
allow a pool, deck and sheds "at this location on the condition that the
owner obtain compliance for smoke detectors from the Fire Prevention
Bureau.
Signed,
Robert W. Turner,
Fire Marshal
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FIRST DISTRICT COURT OF ESSEX
65 WASHINGTON STREET
SALEM, MASSACHUSETTS
SALEM MEDIATION PROGRAM
SAMUEL E. ZOLL, PRESIDING JUSTICE TELEPHONE
DAVID T. DOYLE, JUSTICE 745-4165
ROBERT F. ARENA, CLERK-MAGISTRATE 745-4169
DONNA HERMAN, PROGRAM DIRECTOR
MEDIATION SESSION CONFIRMATION
Mediation Session involving : Casimir & Doris Obremski
Richard Bergeron
Session to be held at : Salem District Court
Conference Room across from courtroom,
Session II
Date and Time : Monday, August 21, 1989 at 9: 00 AM
Please make every effort to be there or notify the office in
advance so that we can re—schedule the session.
FIRST DISTRICT COURT OF ESSEX
- 65 WASHINGTON STREET
SALEM,MASSACHUSETTS
SALEM MEDIATION PROGRAM
SAMUEL E.ZOLL,PRESIDING JUSTICE TELEPHONE
DAVID T.DOYLE,JUSTICE 745-4165
ROBERT F.ARENA,CLERK-MAGISTRATE 745.4169
DAVID E.CARLTON, MEDIATION PROGRAM DIRECTOR
August 8 , 1989
Mr. Richard Bergeron
6 Oak Street
Salem, MA 01970
Dear Mr . Bergeron ,
The Office of the Clerk Magistrate of the Salem District Court has
asked us to contact you regarding mediation of a dispute involving
yourself and Casimir and Doris Obremski .
The Salem Mediation Program is operated in the Salem District
Court in an effort to resolve some disputes out of court through
discussion leading to a mutually acceptable agreement. Agreements
are reached by disputants in 90% of the cases mediated by our program.
Pleace call our office between the hours of 8 :30 a.m. and
4 : 30 p.m. on or before Augustl5 , 1989 to discuss your case further.
Any questions will be answered at that time.
If you do not contact us, your case will be referred back to
the referral source for further action.
Thank you for your prompt attention to this matter.
Sincerely,
Sarah L. Donovan
Case Manager
I
Citp of batem, Aaggacbugettg
Public Propertp Mepartment
q��/ryMg°nH Nuilbing department
One Sealem Oreen
745-9595 CCxt. 380 _
William H. Munroe `
Director of Public Property
T
Inspector of Buildings \ CIO _
Zoning Enforcement Officer t
July 31, 1989
Mr_ Richard J. Bergeron
6 Oak Street \ =>
Salem, MA. 01970 1
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