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5 SKERRY STREET COURT - BUILDING INSPECTION / 45—Skerry Street Courtl (per Assessors) �� 1 Formerly: ' 0 Skerry St. Ct. P 3 Skerry St. Ct. 6 Skerry Place �. CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL ,y 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740.9846 STANLEY J. USOVICZ, JR. o n MAYOR r c �O DECISION ON THE PETITION OF MARK PETIT REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 5 SKERRY �� STREET COURT R-2 D mv= o C-3'' A hearing on this petition was held on June 16,2004 with the following Board Memigrs > present: Nina Cohen Chairman,Richard Dionne,Nicholas Helides, Bonnie Belair and Stephen Hams. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting and Administrative Appeal of the Salem Zoning Officers opinion for the property located at 5 Skerry Street Court R-2. The Board of Appeal, after careful consideration of the evidence and after reviewing the plans at the hearing,makes the following findings of fact: 1. The petitioner was represented by Attorney John Keilty of 40 Lowell Street in Peabody. 2. Neighbors and abutters spoke of building materials and debris left on the lot. The abutters were all in opposition to this petition. 3. The Board concurs with Acting Building Commissioner Thomas St. Pierre that this is not a Special Permit use listed in Section 5-3 of the Salem Zoning Ordinance. Therefore, base on the fact and on evidence presented,the Board make a motion to uphold the Building Commissioners opinion with regards to 5 Skerry Street Court with a vote of 5-0 to deny the petitioners appeal. ADMINISTRATIVE RULING DENIED JUNE 16, 2004 'chard Dionne CS e \ Board of Appeal i A COPYOF 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 unit a copy of the decision bearing the Certificate of the City Clerk that 20 days have elapsed an 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. o � r- r z rn'� N � -0 Asn Mr- D � 04 c, D oxo CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 9 C �✓' + 120 WASHINGTON STREET, 3RD FLOOR 9g�NINB� SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 June 4, 2003 opy Mark Petit 7 Rear March Street Court Salem, Ma. 01970 RE: 5 Skerry St. Court Dear Mr. Petit: Please be advised the land you own at 5 Skerry St. Court is located in an R-2 zone. R-2 zone is residential one and two family zone. Business use are not allow with the exception of Special Permit uses listed in Section 5-3 of the Salem Zoning Ordinance. The storage of building materials and other materials is not a Special Permit use. Therefore, you are directed to remove the pallets and old section of fence and any other debris. Failure to comply will result in a complaint being filed in Salem District Court. If you have any further questions, please contact this office. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councilor Flynn Fire Prevention n CITY OF SALEM, MASSACHUSETTS _ PUBLIC PROPERTY DEPARTMENT 9 � 120 WASHINGTON STREET, 3RD FLOOR ��iplNg po SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 December 11, 2003 Mark Petit 7R March Street Court COPY Salem, Ma. 01970 RE: 5 Skerry Street Court Mr. Petit: This Department has received numerous complaints regarding the condition and use of your property mentioned above.. The Health Department currently has you in violation for debris left on the property. The most recent complaints are the storage of two boats and a plow at the property. The storage of a personal boat or plow would be considered an ancillary use to a residential home. The property in question does not have a house on it. Therefore, the storage is the primary use. Storage is not allowed in residential district. You are directed to cease and desist the use of the property for storage of any kind within 30 days. Failure to comply with this order will result in a complaint being filed in Salem District Court. If you wish to appeal this order your appeal is to the Zoning Board of Appeal hearing. IF you have any questions, please contact me, Also, be advised, neighbors witnessed you dumping oil and fuel from the boats that are stored, onto the ground. This violates several environmental laws. Si�ely, Thomas SI I IT Acting Building Commissioner 1 cc: Mayors Office Councillor Flynn John Keenan Fire Prevention Health Department ��oxm CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL ,} 3 120 WASHINGTON STREET, 3RD FLOOR ��- �q11 /tpo SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR j n, 40 DECISION ON THE PETITION OF MARK PETIT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 SKERRY STREET COURT R-2 A hearing on this petition was held on August 21, 2002, with the following Board Members present: Nina Cohen, Chairman„ Richard Dionne , Joan Boudreau, Stephen Harris and Bonnie Belair. Notice of the hearing was sent to abutters and other 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 Variances from lot size, frontage, density, front, rear and side setbacks to construct a single family dwelling for the property located at 5 Skerry Street Court located in an R-2 zone. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit 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 the petitioner 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. Attorney Stephen Lovely of 14 Story Street in Salem represented the petitioner, Mark Petit. 2. Mr. Petit had been granted a request by the Historic Commission to tear down an existing garage that was in deplorable condition 3. Mr. Petit purchased an additional 300+/-sq ft piece of land that would increase his total square frontage to 2600 sq ft and also create an additional parking space for the property. 4. Mr. Petit had previously appeared before the Zoning Board of Appeal with this same request for a variance. He was denied. 5. Speaking in opposition to this petition was Mike O'Brien, 4 Skerry St. Court, Pat Cahill, 1 Skerry St.Court, Ray Hodge, 6 Skerry St. Court, Cameron Clark, 4 Skerry St. Court and Laura Jones, 4 Skerry St. Court. w DECISION ON THE PETITION OF MARK PETIT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 5 SKERRY STREET COURT R2 T ._ page two 6. Neighbors opposition included parking, drainage, snow removal and the facfthe> there would be no room for a fire truck to enter close enough to the proposed structure. On the basis of the above findings of fact, and on the evidence presented at the hearing, e� the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED AUGUST 21, 2002 Joan Boudreau 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 MGL 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 MGL 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 passed 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 owners Certificate of Title. Board of Appeal • SENDERLCAmplete items 1^a,td 2 Mien additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being r9turned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of deliver . For aGon ona ees t e of owing services are available. onsu t postmaster or ees an heck oxles or additional servicelsl requested. 1. Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Mr. Mark Petit 29 0-13 4-1 (o 9 March St. Ct. Type of Service: El Registered ❑ Insured Salem, MA. 01970 -certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise RE: O Skerry St. Ct. .. .Always obtain signature of addressee eo agant and DATE DELIVERED. 5. Signature — Addrppsee :+ "•6:fdressee's Address (ONLY if gy�ted and fee paid) 6. Signature — Agent W09 VX7. Date of Delivery PS Form 3$11, Apr. 1989 *U.S.G.P.G.1989-23 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS your name,address and 21P Code in th in the apace below. • Complete items 1.2,3,and 4 on the � reverse. U.S.MAIL • Attach to front of article R space -� permits. otherwise affix to beck of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested" adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO James Santo One Salem Green 2nd fl. Salem, MA 01970 P 273 079 476 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL 5� y (See Reverse) t a R�),ISt�a a tlyZhP Cod�Q y' . l� a 4 Postage 5 Certified Fee Special Delivery Fee •f Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N m Return Receipt showing to whom, �! Date,and Address of Delivery d j TOTAL Postage and Fees S2 r" O Postmark or Date m n E `o LL N a 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 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 it space per- mits.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 tees 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 f6mipt aneresent it if you make inquiry. ^ "�° .�U.S.G.P.C.1989434-555 Citp of OaCem, fflaoncbmgett.5 1 ,. J3011c Propertp department e jguffbing department One 9palem oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 25, 1990 Mr. Mark Petit 9 March Street Court Salem, MA. 01970 RE: t0 Skerry St.Ct. Salem, MA. Dear Mr. Petit: Acting on a complaint received by this office, an inspection was made at the above referenced property. Upon inspection of the property, I found it to be in violation of the Massachusetts State Building Code Section 123.0 (unsafe structures) . The structure is unsecured and open to weather. There is also a tar trailer and bottled gas stored in the building, which is not an allowed use in an R-2 zone. At this time, you shall secure the building and close it in to protect it frau children and weather. Also, you shall remove the tar trailer and bottled gas. You have until twelve o'clock (12:00) noon on the day following receipt of this letter to begin to correct these violations. Failure to comply will result in this office taking legal action. If I may be of further assistance, please contact me at this office. Sincerely, s Santo Assistant Building Inspector JDS/Jmh - -c.c. Daniel Geary. ! City Solicitor Ward Councillor Fire Prevention i, � P 443 509 277 ECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL (See Reverse) to A Streetand O =d St a end e Postage $ CaWILI d Fee 4e Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing towhom, N Date,and Address of Delivery ao TOTAL Postage and Fees $ Postmark or Date _ 3 w W a 455Y,i1iMADE 5TMP6 YD ARTICLE To COVER FIRST CLASS PORT % VIEW IV)NAR FEE,AND CRRGES FDR AMY SELECTED OPUOMAL SERVICER(to bolo 1.Ifyou want this receipt postmarked,stick the Gummed stub on the left portion ofthe address side of the article leaving the receipt attached and present the article at a post office service window or hand It to your rural carrier.Ino entre charge) 2 If you 66 not want this receipt postmarked,stick the Summed stub on the left portion of the address side of the article,date,detach and retain the receipt and mag the article. 3.If you want a return receipt,write the certified-mail number and your name and address on a return recelptc ird,Form 3811,and attach Rtothefront ofthe ertleiebymeatteofthegummedanda R Space permits.Otherwise,affix to back of article.Endorse from of article RETURN RECEIPT REQUESTED adjacent to the number. r 4.If you want delivery restricted to the addressee,or to an authorized agent of the addressee. endoroe RESTRICTED DELIVERY on the front of the article, O.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 hem 1 of Form 3811. 6.Save this reeeipt and present it R you make Inquiry. 03 0 SENDER: Complete items 1,2,3 and 4. M Q Put your addressin the"RETURN TO"space on the 9 reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of ' delivery.For additional fees,the following services are c` available.Consult postmaster for fees and check box(es) Z for sismice(s)requested. m w t. Show to whom,data and address of delivery 2. ❑ Restricted Delivery. V m 3 Article A dresse to �6 P 4. Type of Service: Artic7eNumber ❑ Registered ❑ Insured n� �� Q �� Certified ❑ COD / / d ❑ Express Mail Always obtain signature of addressee Qagent and DATE DELIVERED. C 5 Signature - Addressee _ 3 X. y 6. Signature- Agent X � m 7. Date of Delivery C 8 Addressee's Address(ONLY iffe - - eeapa ,.,o x m v 1 UNITEDSIWTESPOSTAL SERVICE III II ) OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the u ® space below. • Complete items 1,2,3,and 4 on the reverse. • Attach t0 front of article If 6pece permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE,fano • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO Nemeo�e er) W yNo.�nd Street, pt,Suite,P.O.Box or R.D. No.) r(OIty,State,and ZIP o e) a µXCMW Ctu of 5 > iJ1 Y,L z Public Propertg Department 'geo�HMew�jD`� �1111�iriT� �e�JFirtnierit William H. Munroe One Salem Green 745-0213 October 22, 1985 Sterling Page 168 Bridge Street Salem, MA 01970 RE: Storage Barn, end of Skerry St. C� Dear Mr. Page Your barn located at the end of Skerry St. Ct. was brought to the attention of this office by a concerned neighbor. On inspection of the above I found that this building appears (from the exterior) somewhat in need of repairs and does constitute a danger to the general public specifically the chimney is falling appart and the cap and bricks are now in the adjacent yard. Please be advised that the repairs to your building must be done within ,i (7) seven days of receipt of this notice. Failure to comply will result in further action by this department. Respectfu Y. jagt. a J. Pag7n uilding Inspector EJP/jdg C.C.: Mr. Mroz, Mayor's Aide City Clerk Councillor Nowak, Councillor Swiniuch Fire Department G�! Coity of t'�ttlPm, Massac4usetts Public Vropertg Department Nuilbing Department (Pne #alem (5reen 5O8-745-9595 Ext. add Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 23 , 1995 Mark Petit 7 March Street Court Salem, Mass . 01970 RE: 5 Skerry Street Court Dear Mr. Petit : This office is revoking permit #606-94 issued on December 15 , 1994 for the property located at 5 Skerry Street Court . We are doing so according to Article 114 . 3 of the Massachusetts State Building Code 780 CMR Fifth Edition ( Copy enclosed) . Please feel free to contact my office for any explanation that might be necessary in this matter . Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm CC: Councillor Harvey, Ward 2 Certified Mail # P 921 991 852 � ��� _�_ .�- - - - - - - -� - - -- --R - -.-- O • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO'' Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of deliver . For additional ees the ollowing services are available. onsult postmaster or fees an c ec box les or additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Mark Petit P 273 083 344 9 March Street Court Type of Service: Saleln,MA 0)970 ❑ Registered ❑ Insured Certified ❑ COD ❑ Express Mail ❑ Return Receippt for MerchanCise - Always obtain signature of addressee or agent and DATE DELIVERED. 5. Sin e — ddressee S. Addressee's Address (ONLY if X v requested andfee paid) 6. Signature — Agent X 7. Date of Delivery PS Form 3811, Apr. 1989 •U.S.G.P.C.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print Your name,address and 21P Code in the space below. i • Complete items 1,2,3,and 4 on the reverse. U.SO • Attach to front of article If space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO .Tames D. Santo Building Dept . One Salem Green Salem,MA 01970 P 273 083 344 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) nt to 17 d reef d No. /) n P. S e antl ZIP Code' (amu N "? Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N a Return Receipt showing to whom, Date,and Address of Delivery d j TOTAL Postage and Fees 5 mPostmark or Date E 0 LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see II 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address 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 mall 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 per- mits.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 inquir4. cus.G.P..o.1989-234-555 City of baiem, ;ffiazgacbUgettg Public Propertp Mepartment 9 ��o Aluilbing 39epartment One Oalem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 29, 1991 Mr. Mark Petit 9 March Street Court Salem,MA 01970 RE: 0 Skerry St. Ct . Salem, MA Dear Mr. Petit; Acting on a comnlaint received by this office, an inspection was made at the above referenced property. Upon inspection of the property, I found it to be in violation of the Massachusetts Sate Building Code Section 123.0 (unsafe structures)/ The structure is unsecured and open to the weather. There is also a tar trailer and bottled gas stored in the building, which is not an allowed use in an R-2 zone. At this time, you shall secure the building and close it in to protect it from children and weather. You have seven days following receipt of this letter to begin to correct these violations. Failure to comply will result in this office taking legal li action. w If I may be of further assistance, please contact me at this office. Sincerely, James D. Santo Assistant Building Inspector JDS/eaf C.C. Daniel Geary City Solicitor Ward Councillor Fire Prevention �` says 4p9 �� = F CON Ctv of *Irnl, flAttssar4use##s 3 Public Proytr#g Vepartmeut '"''qso � �uil?�iitg �Aepttrtment William H. -Munroe- One . -MunroeOne Salem Green 745-0213 October 22, 1985 Sterling Page 168 Bridge Street Salem, MA 01970 RE: Storage Barn, end of Skerry St. Ct. Dear Mr. Page Your barn located at,the end of Skerry St. Ct. was brought to the attention of this office by a concerned neighbor. On inspection of the above I found that this building appears (from the exterior) somewhat in need of repairs and does constitute a danger to the general public specifically the chimney is falling appart and the cap and bricks are now in the adjacent yard. Please be advised that the repairs to your .building must be done within (7) seven days of receipt of this notice. Failure to comply will result in further action by this department. Respectfu Y. Iga J. Paq�. uilding Inspector EJP/jdg j . C.C.: Mr. Mroz, Mayor's Aide City Clerk Councillor Nowak, Councillor Swiniuch Fire Department No. ' / City of Salem ( �Ward �y Ur NSJE J.-. lit•,. C11 Y of ",nj F!!',, APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete X. omplete all items in sections:1, It, Ill, IV,and I I. AT(LOCATION) y /Cf rI Y S/-f- T DNING ISTRICT LOCATION N0'I JMEETI OF BETWEEN AND BUILDING (CROSS S BEET) CROSa LOT ET) SUBDIVISION LOT BLOCK SIZE If. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED U -FOR"DEMOLITION"USE ST RECENT USE 1 0-N..building Residential Nonresidential 2 ❑ Addition(if residential,enter number of new 12 ®'6ne f Amusement,recreational housing units added,if any,in part D,13) Chruch,other religious 13 ❑ Two or ore is ly ter umbo 3 ❑ Alteration(See 2 above) of units „,,... .... 20 ❑ Industrial 4 ❑ Repair replacement ient tel,motel, rmko 27 ❑ Parking garage n umber of units ._ 22 ❑ Service station,repair garage - _... ......_ 5 ❑ Wrecking if mu amity idensal, number 2 ❑ Hospital,institutional of units in but ing in Pa . 13) 15 are9e 4 ❑ Office,bank,professional 6 ❑ Moving Ire tion) 16 Carpo? 5 ❑-Public utility 7 ❑ Founds only II JY School,library,other educational 77 ❑ at-S ity 2 ❑ Stores,mercantile B.OWNERSHIP 1► 28 ❑ Tanks,tower 8 U2-lrrvate(individual,corporat ,nonprofit institution,etc.) 29 ❑ Other-Sp 9 ❑ Public(Federal,State,a local gove met w C.COST �' cents) No frmcerltel-Describe in detail propo buildi ,e.g.food processing plant, chine shop,laundry building at hospda eleme ool,secondary school,college, 10. Cost of improvement .................................. Da hial school,parking gars spa nt s ore,rental office building,office building ^"..... "' $ �'� at in ustjplant.lfexistin g being changed,enter proposed use. To be installed but not included in the above cost _ aElectrical........................................................................... b. Plumbing....................................................._.._............_. C. Heating,air conditioning............._................ _.........._ d. Other(elevator,etc.)----.................................._._.......... 11. TOTAL COST OF IMPROVEMENT Is ey III. SELECTED CHARACTERISTICS OF WILDING -For new buildings and additions, complete Parts E-L;demolition, complete only Parts J& M,all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL 1. TYPE OF MECHANICAL 30 ❑ Masonry(wall bearing) 35 ❑ Gas 40 Public or private company Will there be central air 31 ❑ Wood frame 36 ❑ Oil 41 ❑ Private(septic tank,etc.) conditioning? 32 ❑ Structural steel 37 ❑ Electricity 44 ❑ yes 45 21,10 33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 ©Public or private company 46 ❑ yes 47 ® No 43 0 Private(well,cistern) J.DIMENSIONS M. DEMOLITION OF STRUCTURES: 48. Number of stones ............................................................ 49. Total square test of floor exteriexteor area, all floors,based on Has Approval from Historical Commission been received dimensions ......................................................................... for any structure over fifty(50)years? Yes_ No_ % Total land area,sq.n....................................................... Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? 52. Outdoors.................... Yes No L RESIDENTIAL BUILDINGS ONLY Water: 53. Emlosed ............... ........... Electric: Gas: 54. Number of Full........................................... Sewer: bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial...................................... BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No (If/yes,please enclose documentation from Hist Com.) Conservation Area? Yes_ No� (If yes, please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes✓✓No_ Is property located in the S.R.A.district? Yes_ No_ Comply with Zoning? Yes_ No (If no,enclose Board of Appeal decision) 7 Is lot grandfathered? Yes_ No fes,_submit documentationfif ho, submit Board of Appeal decision) t If new construction,has the proper Routing Slip been enclosed? Yeses No_ Is Architectural Access Board approval required? Yes_ Nov (If yes,submit documentation) Massachusetts State Contractor License# i Salem License # Home Improvement Contractor# Homeowners Exempt form(if applicable) YesIX No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX (6) MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: If an extension is necessary,please submit in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by all applicants " Namey — Mailing address^-TNumber,street,city,and state ZIP Code ''Teel.No.. Owner or r e / l J )e M a r-c S T. Lessee Z. c� Contractor Builder's rL License No. (/gel ih 3. 7 Architect or � Engineer .cl..it I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature of applicant f Z Q, Address Application date / �. m z � DO NOT WAITE13ELOW THIS LINE VI. VALIDATION Building / /j / _ (� ( L FOR DEPARTMENT USE ONLY Permit number Buildingc� Use Group Permit issued /KS- 19 Fire Grading Building Permit Fee $ Live Loading Certificate of Occupancy $ Approved bOccupancy Load y: Drain Tile $ Plan Review Fee $ TITLE NOTES AND Data• (For department use) PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: e, Completed by: VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use O N 1 ` P Y•� /. i Ir mnnmm �efifllifilllll�i - FRONT KITCHEN/FRONT LIVING ROOM MODEL 44' 4r 2' O�L��,1 Is, C<'-C" 13'_ 2' BEDROOM#2 0 BATH 01 KITCHEN I DINING AREA 01 --- D BEDROOM#i LIVI OOM 15..8. 2'.V 4p4, V FRONT DINING ROOM MODEL 0' 20'-S" +8'.+' 2 0 8 40'-4- 2 1 S LILl BEDROOM#2 0 BATH KITCHEN/OWING AREA ol - -- -CONSULT ENGINEERINa FOR S'-O" BATH CONFIGURATION BEDROOM#1 II j LIVING ROOM it 1, _O 2- 36' 4 17'.6" 23'-3" 44'-4- 6" 1r 5 21. 25'-3- 40'-4" - -------------------------------------------------------------------------------------------------- OPTIONAL SHED DORAMER(NOT AVAILABLE ON FRONT& REAR MODEL) N 49 16,,5,,.— _ �J 2,.0„ 5,.2„ 2'-0.,� W-V 46'-V -19 6 2 0" —_ W-2-J 2'-0"I -- 16,3" 444" 14' 6" 2'•0" 6'-2" 21-0" 15'•3" 51, 40'-4^ —_ 12,.6•, _J 2-•0" 6'-2" 21-0" 13'-3- BEDROOM 3-3"BEDROOM p4 BEDROOM N3 �o STORAGE STORAGE (UNF)NISHED) (UNFINISHEDI KNEE WALL DORMER DORMER (OPT) (OPT) NOTE:BEDROOM SIZES IN OPT.SHED DORMER MAY VARY BY S"TO FACILITATE FIELD PWMBING INSTALLATION BETWEEN FIRST AND SECOND FLOORS. PROPOSED SECOND FLOOR(BY rn"HERS) •': rMEEWALL ----_-- KNEE WALL 10 M tt3 BEDROOM p4 BATHofD 1t i sr'»w .k'S' i 'eS+�-e'VfS '"[ ,�'a^3. �� s v � � s.x' r r - �3'xzw,,�ap�a � i+ r .' �i{b' '✓', .. .`- '.... ......:u '.�?�� ..c'. .a�. 4�r�"!"' n .H/S✓` k '£'�yc+r.�.r?4 tk:a.r�- '� a..>-. y.fbty.+3..,-�s i�. hky r�SS:' n Ind h s 14, ��Pl. woad �en�t 8�'er''hrg x sty �: ;,- � t •k" 4, -'a b6eK_ .:[3LKHi7 or-OfloeS - _ . . Y" "-, f• '', • + . _. (oyoSRd n5 to �dmtl{ �WZ�IIn a cA OLD ut -SWs . / ARKING . / I; Arcw PACE /// trans ;Cr�ed "�roni w,a, Jane e .ti �. �3 c W Luana W =O �.� �e CITY OF SALEM BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please Print DATE 1,kY /3 W JOB LOCATION 3 S /�Q/y� F ( �jtf� 2- Number,j Street address Section of Town "HOMEOWNER -2'17aA�k_ a5�>— Name Home phone Work phone PRESENT MAILING ADDRESS -71Q City/Town State Zip Code The current exemption of "homeowners" was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. (State Building Code Section 109.1 . 1 DEFINITION OF HOMEOWNER: Person(s) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one to six family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official , on a form acceptable to the Building Official , that he/she shall be responsible for all such work performed under the building permit. Section 109. 1 .1 The undersigned "homeowner" assumes responsibility for compliance with the State Building code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the City of Salem Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. HOMEOWNER 'S SIGNATURE APPROVAL OF BUILDING OFFICIAL NOTE: Three family dwellings 35,000 cubic feet, or larger, will be required to comply with State Building Code Section 127.0, Construction Control . HOME OWNER'S EXEMPTION The Code states that: "Any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109.1 .1 - Licensing of Construction Supervisors) ; provided that is a Home Owner engages a person(s) for hire to do such work, that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for Licensing Construction Supervisors, Section 2.15) . This lack of aware- ness often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case your Board cannot proceed against the unlicensed person as it would with licensed Supervisor. The Home Owner acting as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, many communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. gifa of �aieni, SLIP huuTINUO REVIEW AND PASS ON AS INDICATED scn j M LOCATION; S ' r _ DATE pec- Io-g L4 ,- APPLICANT: '�`� Pew--` ' INSERT DATE WHEN PASSING ON Assessor Date CONTACT PERS Peter Caron ! 4,,, P-1 2 Fire Department [� 1 z 2 Capt. Turner or Insp. LaPointe ` 3 Department of Public Services Director / 4 DEPARTMENT: Water Deoartment CONTACT PERSON: Maraaret Haaerty/HelenJiadosz 5 Planning Dept. 6� e DeebTk t U2(„(3ui 6DEPARTMENT: City Clerk ( if involving new streets ) �� p CONTACT PERSON: 7 ' DEPARTMENT: FS.Fx'IRIC DEPT.CONTACT PFRsnN- PAUL TUPPLE 8DEPARTMENT{ CONTACT PERSON: RETURN TO vVINTMENT FOR RWjM� / r R _, .......---_ NAL SOtASw4yaLeINSPECTION ON Satem, O970 STSTgE \NSpEPjL� (508) 745-7777 ONEWEEkAHEAD �pDE FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In acco-zdance wi th the pn.ov-i s-ton,6 ob the Mcwaachuiset_ts State BuiZd.tn_; C and the SaZem FZI Le Code, appZZcatton .i s he�Leby made 4on approvat of pZa. and the l s.ivance o4 a cer,tt4.tcate 04 appn.ovaC 4on a bu,�f no pe.untit by Salem Faze Depantmert. (ReJ. Section 113. 3, Mases. State BZdy. Cod,) Job Locati un: S' l ( l q��O�AFCOj _ Ownez/Occupant: P')GrK -_R Ei2 c ,t-i caZ Cont tactu O 6F tiF. F.tze Supp�Le-s,,,ton Contna.ctun: S.tgnatwze o4 AppZ. cant: --ma&,r Phone Add-zea-s o Camey o-t AppZ,ca-nt: 7k Town: Appa.ovaZ date: ia�i3 /9Y Ce-zt b;cate o4 app�tovat -i.s hereby _q anted, on appa.oved pZars o�L aubmttt-- o6 p-zoject det�, by the SaZem FtLe Department. AIC plan-s avLe app�Lov soZety 6o-z Zdent-tb-tcatton o4 type and Zoeatton ob 4-i ze pn.otecti,on dev.tc and equZpment. AZZ plans ace 4ubject to app2ovat o4 any othez au#hout hay.ir.;� jun.isd-iction. Upon compZet-Zon, the appRCcant uz ir_a#aiZ�rf 1 ah •%CQUe-_'t an to spectton and/on, teat o4 the Jute p�Lotect.ton device-s and equ;pment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** ) New con stn.uc t on. PnopeLty Zocat Lon ha-a .no compZiance w-(,ththe p tuv stens .0 Chapte.,L 148 , Sec tf on 26 C/E, M. G. L. , tetattve to the dn.ataZattun ob appn.uved 4.iAe ata�un devtce_a. The owncz off, th is p�Lope�Lty .iis zequt ted to obta.tn eompZ.tancc as a cond-1 tton ob obta Ln,inq a Su LZd-tng Pei min '. P2openty Zucatton -ins Zn evmp.L.i.ance with the p�covi,:-torz-a JL Chapte�L 148 , Sectton 26 C/E, M. G. L. - pZLatton date: /9s ' //0$ SLgnatuxe 04 F zz t�ti c Fee dt.a: und_z . . 500 Sq. Ft. $ 10. 00 . .00 Sa . Ft. o- C zge-z - >_ . 00 Fo.un 181 iP=- . • 0, '0 s J W Z W FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT mW ! 0F0 LL 5 j_ ; In compliance with the provision of Section 113.5 of the Massachusetts z ¢ ! State Building Code, and under guidelines agreed upon by the Salem Bldg. LU 2 o 0 _ Inspector and the Salem Fire Chief, the applicant for a building permit t- F F shall obtain the Certificate of Approval (see reverse side) and stamped ziplan u ¢ D lapproval from the Salem Fire Prevention Bureau. a. u Q ¢a Z ¢ Said application and approval is required before a building permit may be a w issued. The Massachusetts State Building Code requires compliance z W3:: approval of the Salem Fire Department, with reference to provisions of a: m w � Fz Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts 0 U 0 General Laws, and 527 Code of Massachusetts Regulations. F g UJ zW The applicant shall submit this application with three (3) sets of plans, 2 o drawn in sufficient clarity, to obtain stamped approval of the Salem Fire Z c0i a , . Department. This applies for all new construction, substantial o �; Jc c alterations, change of use and/or occupancy, and any other approvals a z a required by the Massachusetts General Laws, and the Salem Fire Code. ¢ — z Exception: Plans will not be required for structural work when the proposed work to be performed under the building permit will not, in the opinion of the Building Inspector, require a plan to show the nature and character of the work to be performed. Notice: Plans are normally required for fire suppression systems, fire alarm systems, tank installations, and Fire Code requirements. ag z a Under the provisions of Article 22 of the Massachusetts State Building m � „ -o Code, certain proposed projects may not require submission of plans or p ' z complete compliance with new construction requirements. In these cases, provisions of Article 22, Appendix T, and Tables applicable rr„ z m shall apply. This section shall not, however, supersede the Cn 3 � provisions outlined in the Salem Fire Prevention Regulations, Chapter � -n 148, MGL, or 527 Code of Massachusetts Regulations. All permits for 0 --1 M fire code use and/or occupancy shall apply for the entire structure; M rWn '_� fire alarm and/or smoke detector installation shall apply to the M D entire structure based upon current requirements as per Laws and/or m Codes, but the existing structure may comply with regulations z applicable for existing structures. Notice: Sub-contractors may also be required to file individual applications for a Fire Department Certificate of approval for the area of their work. Such sub-contractors shall file an Application to Install with the Fire prevention Bureau prior to commencing any work for those areas applicable. Form 81.1' (10/90) APPOINTMENT FOR FINAL INSPECTION MUST BE MADE AT LEAST ONE WEEK AHEAD_-_----------- _.._-- r CITY OF SALEM WATER DEPARTMENT �� . _ zv ✓�� i l Lvi Assistant . (Actor TR3MT)lA#3C 443TAW a 89 �V7??u Atli-iii 'AiAEk74 i tra-ml A of . ttlem, � Httssrzcljusetts ;aQ ' �Rnttra of �upeal c� c� DECISION ON THE PETITION OF MARK PETIT FOR VARIANCE AT O-SRERBY STREET_COuu (R-2) A hearing on this petition was held December 1, 1993 with the following Board Members present: Francis X. Grealish, Chairman; George Ahmed, Stephen Touchette and Stephen O'Grady. 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 a Variance from lot size, frontage, side and rear setbacks, front yard depth and lot coverage to allow construction of a single family dwelling. The property is located in a Residential Two Family District. The Variance which has 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 structure involved and which are not generally affecting other lands, buildings and structures involved. 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 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 Board of Appeal granted a Variance for this same proposal on June 26, 1991, but unforeseen circumstances made it impossible for the petitioner to act on that Variance. 2. The petitioner demolished the hazardous building that was on the property in accordance with the previous decision. 3. There were two (2) petitions submitted to the Board of Appeal, one petition was in favor and one in opposition. There were some names that were listed on both petitions. DECISION ON THE PETITION OF MARK PETIT FOR A VARIANCE AT 0 SKERRY STREET COURT, SALEM page two 4 . Jose & Rose Martin, 5 Burnside Street, spoke in opposition, citing the loss of their privacy as their main concern. 5. Condition number 8 of the previous decision required the acquisition of an additional 310 sq.ft. of land from the abutting property, the petitioner was unable to comply with this condition until recently, this is was led to the prior decision having gone over the time requirement, thus forcing the petitioner to apply for a new variance. 6. The petitioners proposal will improve the neighborhood. 7. The proposed single family dwelling will be compatible with the other residential uses in the neighborhood. 8. The proposed single family dwelling is not detrimental to the R-2 zoning while the pre-existing commercial use was. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can 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. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit from the City of Salem Building Inspector prior to beginning any construction . 5. A Certificate of Occupancy shall be obtained for the new dwelling., p 6. Windows are to be installed and limited to those shown on the plans �? submitted. cu 7. The petitioner acquire 310 sq.ft. of land from lot 153, owned by n 4 DECISION ON THE PETITION OF MARK PETIT FOR VARIANCE AT 0 SKERRY STREET COURT , SALEM page three Peter Copolas, Heritage Co-op Bank, Salem. 8. Proper street numbering be obtained by the Salem Assessor. 9. A six (6) ft. fence be maintained along the Martin and Sowelski property lines prior to commencement of construction. Variance Granted December 1, 1993 tephen Member� 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 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 O �r T DATE OF PERMIT PERMIT No. OWNER LOCATION 5 Skerry Street. Court William D. Little 0 Skerry Street Court R-2 a/k/a Skerry Place STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.-OF FAMILIES I WARD I COST i BUILDER BOARD OF APPEAL: 1/17/90 - WITHDRAWN - Variances to allow construction of a duplex BOARD OF APPEAL: 3/20/91 - DENIED - Variances to allow construction of a single family dwelling (Mark Petit, owner/petitioner) BOARD OF APPEAL: 6/26/91 - GRANTED - Variances to allow construction of a single family dwelling. 8/ 14/91 11377-91 DEMOLITION OF GARAGE ONLY , EST . $2750 . 00 Fee$ 23 . 00 D .H . BOARD OF APPEAL: 12/1/93 - GRANTED - Variances from all density requirements to allow construction of a singie family dwelling (Mark Petit, owner/petitioner, 744-5467) OFFICIAL ADDRESS PER CITY ASSESSOR: 5 Skerry St. Ct. (Formerly known as: 0 Skerry St. Ct., Skerry P1., & 3 Skerry St. Ct. 12/15/94 11606-94 Install foundation & prefab house. (Owner Mark Petit) . est 40,000. fee 245.1, 10/23/95 PERMIT 11606-94 REVOKED per Leo Tremblay (article 114.3 of MA State Bldg. Code) k x` M # 3 C4 t B Y F r c i o y tom. s A d 3 ` 3y y m Y x �. 1 BOARD OF APPEAL: 3/20/96 - DENIED - Petition of Mark Petit requesting a Variance from all density requirements to allow construction of a single family dwelling ' L S. Jv 01 e- q d f and (Mita of _,'j�ttlem, �4Rttsscjeljusetts '60arb of 'Aupeal .JUL 3 2 1s F l '91 CItY Ci_ z, •(iJ DECISION ON_THE PETITION OF MARK PETIT FOR VARIANCES AT SKERRY STREET COURT(A;-2) A hearing on this petition was held June 26, 1991 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane Stirgwolt and Associate Member Ronald Plante. 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 lot size, .-frontage, side and rear setback, front yard depth and lot coverage to allow construction of a single family dwelling in this R-2 district. Before hearing the merits of this petition, the Board of Appeal had to consider if there is substantial and material change from an application for a single family dwelling that was denied by this Board on March 20, 1991 . The Board of Appeal, after hearing the evidence presented, and after receiving Consent from the Salem Planning Board, voted unanimously, 5-0, that there was a substantial change, said change being the acquisition by the petitioner of an additional.310 square feet of land from the abutter which would increase the size of this under- sized lot and allow petitioner to meet the parking requirements as set forth in the City of Salem Zoning Ordinance, they would hear the petition. The Variances which have 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 lands, 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 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 existing building of this site is dilapidated and is a hazard to public safety. 2. The petitioner has reached an agreement to acquire an additional 310 square feet of land from an abutter. 3. The petitioner acquired this property in hopes of utilizing the existing structure but found it in such a state of deterioration that this was not feasible. f DECISION ON THE PETITION OF MARK PETIT FOR VARIANCES AT SKERRY STREET COURT, SALEM page two 4. Several City Councillors spoke in favor of this petition, citing the hazards of the existing building and the improvement to the area that the proposed structure will be. 5. The placement building will be a small prefabricated single family dwelling that will be compatible with the other residential uses in the neighborhood. 6. A single family dwelling is not detrimental to the R-2 zoning district while the pre-existing commercial use was. 7. Many neighbors and abutters spoke in favor of this petition while none spoke in opposition. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district in general. 2_ Literal enforcement of the Ordinance would involve substantial hardship to the petitioner. m N }.v The ,relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of m th(Edistrict or the purpose of the Ordinance. 'f*i�rEgore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances requested, subject to the following conditions: 1 . All construction be done in compliance with city and state building codes. 2. All construction be as per the plans and dimensions submitted. 3. A building permit be obtained. 4. A Certificate of Occupancy be obtained. 5. All requirements of the Salem Fire Dept. relative to smoke and fire safety be strictly adhered to. 6. A 517 foot fence be constructed along the Martin & Sowalski property lines prior to commencement of construction. 7. Windows on the side of the building abutting Martin & Sowalski be limited to those shown on the plans submitted. 8. The petitioner acquire 310sq.ft. of land from Lot 153, owned by William Little. 9. Proper street numbering be obtained from the Salem Assessor. 10. Demolition material is be be removed promptly and not left over night. DECISION ON THE PETITION OF MARK PETIT FOR VARIANCES AT SKERRY STREET COURT, SALEM page three 11 . Extermination/relocation of wildlife on this property will be completed before the existing structure is demolished. Variances Granted June 26, 1991 �J Mary Ja irgwolt, MeV,r, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,H any,shall be made pursuant to Section 17 of. 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 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 er the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL ri at1. ,.y 0�j. J V ;y (Cita of '�ulPm, � ttssttcllusPtts 'Bnttra of �upeal '91 APR -3 P 3 :08 DECISION-ON—THE PETITION OF MARK .PETIT FOR VARIANCES AT SKE_RRY STREET COURT (R-2) CITY CLERK'S OFFICE SA FFr.r M ,. A hearing on this petition was held March 20, 1991 with .theo7lowing Board Members present: Richard Bencal, Chairman; Joseph Correnti, Secretary; Richard Febonio, Mary Jane Stirgwolt and Associate Member Arthur LaBrecque. 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 all the requirements listed on Table I of the Salem Zoning Ordinance Density Regulations. The property is located in an R-2 district. The Variances which have been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures, in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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, and after viewing the plans, makes the following findings of fact: 1 . That presently there is a storage garage located at the sight which the petitioner proposes to raze in order to construct a new one family dwelling 2. That the lot is 2400 sq.ft. and would require variances for front, rear and side yard setbacks, density and frontage, as well as minimum lot size 3. That the current owner has owned the lot for less than a year. 4. That the proposed dwelling house would be either stick built or pre-fabricated but the dimensions in either case would remain the same. 5. That there was no opposition to the petition during the public portion of the hearing. 6. That Edward Martins, a direct abutter, spoke in favor with the condition that there be a seven foot rear setback, that a six foot high wooden fence be erected along the back property line, and that any windows in the rear of the house be as per plan submitted . 7. That one other abutter spoke in favor of the petition. DECISION ON THE PETITION OF MARK PETIT FOR VARIANCES FOR SKERRY STREET COURT, SALEM page two RE^�)� On the basis of the above findings of fact, and on the evidApresented, the Board of Appeal concludes as follows: '91 APR -3 ' 1 . Special conditions do not exist which especially affect the Ps bg ct property and not the district in general. CITY�C�LE��P,tu'S pFFICE 2. Literal enforcement of the provisions of the Zonin 'DtInanc6 would not involve substantial hardship on the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted three (3) in favor, two (2) opposed (Ms. Stirgwolt & Mr. Correnti) to the motion to grant the requested variances. Having failed to garner the necessary four affirmative votes to grant the variance, the petition is hereby denied. VARIANCES DENIED March 20, 1991 6b"40-) Jos h C. Correnti, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, it any, shall be made pursuant to Section 17 of 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 Caws, Chstar BOB, Section 11,the variance or Special Permit granted he,a:o shO nat take effect until a copy of the decision, bearing the certificztion of the City Clerk that 20 days have elapsed and no appeal has been tiled, or that, if such appeal has been filed,that it has been dismi;see 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 APPEAL, r Niedlln ONE SALEM GREEN, SALEM, NIASSACHUSETTS 01970 1617)745-9595. ERT.311 ,1- .WAIVER-OF DEMOLITION DELAYORDINANCE RE : 0 Skerry Street Court - barn On Wednesday, August 7 , 1991 , the Salem Historical Commission unanimously voted to waive the-Demolition Delay Ordinance for the demolition of a barn at Q4Skerry-Street Court.�The demolition does not include the attached garage poition at 64 Bridge Street. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. August 8 , 1991-1 ✓! // Jane/K. Guy Cle of the Co fission cc: Building Dept. City Clerk JG\SANE\WalvSker � 1 Cit" ofulPm, � ttssttcljusPtts x 3,� �9 �3attrd of .��eul Hap, Zl 111G L;1 '9'6 DECISION-ON,THE PETITION OF MARK PETIT FOR A VA�JNCE AT;_��SK ;STREET COURT (R-2) a A hearing on this petition was held March 20, 1996 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen, Joseph Ywuc and Albert Hill . 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 Variance from all density requirements to allow construction of a single family dwelling for the property located at 5 Skerry Street Court. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances 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 the petitioner. 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 single family dwelling proposed by the petitioner will encroach to within six (6) feet of Skerry Street Court. 2. The petitioner failed to demonstrate or meet the burden of proof relative to legal hardship. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. #ECISION ON THE PETITION OF PARK PETIT REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT J SKERRY STREET. COURT (R-21 ] page two 3 , The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted three (3) in favor, two (2) , in opposition to the motion to grant the variance. Having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 20, 1996 Albert C. Hill, Jr. Member, Board of Appeal 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 MGL 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 MGL 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 PASSED 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 CITY OF SALEM - �,[ox4t�, BUILDING DEPARTMENT ° e City Hall Annex One Salem Green 9 T/ A`a„ SALEM, MASSACHUSETTS 01970 SCO T '` .. BOARD OF ASSESSORS - r 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 019703595 (508)745-9595 Ext.261 y� °^ (508)744-2069 Fax r/Mfl� June 6, 1995 Deborah E. Burkinshaw City Clerk City Hall Salem MA 01970 Dear Miss Burkinshaw: Please be advised that the new single family house to be located at the end of Skerry Street Court on land owned by Mark Petit (Assessors Parcel #36-0149) has been assigned the legal street address of 5 Skerry Street Court. Very truly o s. e . Caron Chairman cc: Postmaster Joseph L. Leccese Chief Robert Turner, Fire Department Helen Jiadosz, Water Dept. Leo Tremblay, Inspector of Buildings Capt. Paul Murphy, Police Dept. Mark Petit. 7R March Street Court ��CONDIT ,SSKe YI'� V7. C-G4�rt BOARD OF ASSESSORS vier Crs5es-(0-5. r 93 WASHINGTON STREET,CITY HALL,SALEM, MASSACHUSETTS 01970-3595 � VIS (508)744-2069 Ext. 261 (508)744-2069 Fax June 6, 1995 Jane H. Jackimowicz 2 Skerry Street Court Salem MA 01970 Re: Change of Legal Street Address Dear Mrs. Jackimowicz: With the start of construction of two new homes on Skerry Street Court this year, the public safety officials in the City have determined that a renumbering of your house for public safety reasons is necessary in order to ensure a quick and accurate response from public safety units to emergency calls on Skerry Street Court. As a result,the legal street number for your property has been changed from 2 Skerry Street Court to 3 Skerry Street Court. Please note that addresses in the city typically have odd numbers on the left side of the street from the low number end and even numbers on the right side. In your case,even though you are on the left side, your current address is an even number. Since the first house on the left is already numbered as#1,the second house, which is yours, should be numbered #3. Without such consistency in numbering, confusion could arise in determining the correct house when public safety personnel are responding to an emergency. You should note that there is no legal obligation to change your deed due to this change. Since no house is being assigned #2 at this time, there should not be any immediate confusion in the delivery of your mail. However, you should take appropriate steps to correct,your address in the normal course of correspondence. Also, please note that you are required to display your correct house number in accordance with City ordinances. Captain Paul Murphy of the police department, at 741-0171 ext. 39, can answer your questions regarding the correct display of a number. I apologize for any inconvenience this change may cause you. However,I hope you understand the need w standardize the street numbering in the city in order to eliminate conflusion for our public safety personnel. Please feel free to call me if you have any questions. Q on Chairman cc: Capt. Paul Murphy,Police Dept. Chief Robert Turner,Fire Dept. Helen Jiadosz, Water Dept. Leo Tremblay, Inspector of Buildings Postmaster Joseph L. Leccese Deborah Burkinshaw, City Clerk C✓IQ1�er Janrna SaWulSi( JaJ¢ Base /�d/,�nsniia �d1svc bye goJe Aa<Trns 9ti v � X ,iii"." i " N ." ""i..✓ s i " i i, I. /�Lt Yr S8 eel - , j� "DECK - BLkr{p -nr CP, ep L K lll \ J - I Sn�le AIJ �w2llhq \ `v CII o wr 1(ra,m 1. �i o k v cam` d(lam K `4 L - 4e YI LOT AREA 21400 S.r 1 F6AR(�iNr Ar�4 , Le SPACE � , 1"/ar�5 'frr/�a {r^n, �o�es1 �e(es lays �nQ ` (,� rr 0: W �' CJaci""'�w c3 � W (,l)ll�ra uana J2ch� pw c3 cr W cr. i IaM Y Imo" o LI I�1� W I (e V c U (5�.. JO)Q I �" R .1f2 Ula/1jAS ISS C�le)ier Janna Y8LAOly �k EXISTING 1s% f' oe((a CToA3a (e3 141 Locus PROPOSED c,JI (IIaM 4 Luznl L(441,e lel, Glnarl-eJ r. � Aje(rnr �Jerlck l�7 Ken,l¢ 4 4(lce ea(7if( �o(es(ad/rs Jane jdc�IZl..+fw�c3 BURNSIDE STREET 494 153 W 160 159 I58 157 156 W � j SALEM BOARD OF APPEALS APPROVAL 154 N PROPOSED PLOT PLAN I� SKERRY STREET COURT 148 8 1� 153 w SALEM MASSACHUSETTS I 147 F o SCALE '. 1" = 10 ' SEPTEMBER 26 01989 PARSONS AND FAIA INC. m 146 w 150 151 152 /�`"``` 480 LINCOLN AVE. N f SAUGUS MASS. SKERRY _ STREET DATE : 0 10 20 30 40 50 , . jl �� . -,APPLIG'ATION VADULT NUMBER 'Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILEP6 -r ❑� District Court Department J . ❑ ARREST 7J HEARING ❑SUMMONS - ❑ WARRANT COURTDIVISION The within named complainant requests that a complaint issue against the within - Salem District Court - named defendant, Charging said defendant withthe offense(s)listed below.:,;,, DA,- F APPIJCATION DATE OF OFFENSE PLACE OF OFfENSE "� - 65 Washington Street <tt JG Salem.MA.01970 4 NAME?COMPLAINANT (,, ..NO ,.o...ENSE... J G.L. Ch. and Sec ADDRES/fS#AND ZIP CODE OF COMPLAINANT �a f •" -.' ^., 2. NAME, LESS AND ZIP CODE OF D HND kT - ff / 3. 10 4- COURT USE A hearing upon this comp •nt application iDATE OF HEARING TI ME OF HEARING COURT USE ONLY----* will be held at the above court address on (�1ci to-`-{ AT rel ( ..� PO ONLY CASE PARTICULARS= BE'SPECIFIC' . _ NAME OF VICTIM DESCRIPTION OF PROPERTY *ALOEORPROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what 1 Over or under - SUBSTANCE OR WEAPON,,.� person assaulted,etc.. destroyed,etc. $250. Marijuana,gun,etc. l t 2 3 4 OTHER REMARKS. Ln Ilei x � -� �- SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION - Complete data below if known. DA EOFB TH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME �1 !A DGCR2(3188) - MJMJ Realty Trust 64 Bridge Street Salem, Massachusetts 01970 Telephone: 978-745-6850 September 17, 2004 Mr. David Greenbaum City Health Department City of Salem 93 Washington Street Salem, Massachusetts 01970 Re: Lot at 5 Skerry Street Court Salem, Massachusetts Owner: Marc Petite Dear Mr. Greenbaum: I am a direct abutter to the above referenced lot which has been a source of controversy and an eyesore for two years. The lot is at the end of Skerry Street Court, a dead end street which also abuts the new Carlton School. For over a year, an older stockade fence has been on the ground of this small lot, rotting away. Animals have been hiding under it an summer according to my tenants. Additionally, the lawn has not been cut in over two years, leaving growth of weeds exceeding six feet. The owner of this property tried unsuccessfully to be granted a variance to build a single family house(the lot is 2500 sq.ft). Once he was turned down (2 years ago), he then illegally parked his boats and snowplows there. This spring, he was before the Board of Appeals again and they told him to move his boats and plows and take care of the property. ' Mr. Petite removed the boats and plows, left the rotted fence on the ground and has never attempted to clean the lot, mow the grass, etc. My tenants and neighbors have told me they frequently see mice, rats, skunks, etc., near or under the fence lying on the ground. I ask you have this situation corrected, as Mr. Petite feels he has successfully "stuck it" to both the neighbors and the Building Inspector. Sincerely, Michael J. O'Brien CITY OF SALEM, MASSACHUSETTS ?I PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR A�ONB SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT, 380 MAYOR FAX: 978-740-9846 December 11, 2003 Mark Petit Y 7R March Street Court Salem, Ma. 01970 RE: 5 Skerry Street Court Mr. Petit: This Department has received numerous complaints regarding the condition and use of your property mentioned above.. The Health Department currently has you in violation for debris left on the property. The most recent complaints are the storage of two boats and a plow at the property. The storage of a personal boat or plow would be considered an ancillary use to a residential home. The property in question does not have a house on it. Therefore, the storage is the primary use. Storage is not allowed in residential district. You are directed to cease and desist the use of the property for storage of any kind within 30 days. Failure to comply with this order will result in a complaint being filed in Salem District Court. If you wish to appeal this order your appeal is to the Zoning Board of Appeal hearing. IF you have any questions, please contact me, Also, be advised, neighbors witnessed you dumping oil and fuel from the boats that are stored, onto the ground. This violates several environmental laws. Si�ely, 1,' / Thomas St. ierr ' e Acting Building Commissioner c; MJMJ Realty Trust 64 Bridge Street y Salem, Massachusetts 01970 Telephone: 978-745-6850 - March 31, 2004 Mr. Thomas St. Pierre City of Salem 120 Washington Street Salem, Massachusetts 01970 Re: Mark Petite Property 5 Skerry Street Court Salem, Massachusetts Dear Tom: Enclosed are pictures taken March 30, 2004 of the above property. I do know neighbors have contacted the Mayor and other people in the City Hall regarding this. Mr. Petite has been able to leave this property in shambles since last summer and the time has come to put a stop to this. What has been done? You said you were taking him to court and/or fining him daily until this is cleaned up. To date, nothing has been done that I can see and I would appreciate your updating me on this mess. Sincerely, Michael J. O'Brien � I f CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 ' I MAYOR FAX: 978-740-9546 June 4, 2003 Copy i i Mark Petit 7 Rear March Street Court iSalem, Ma. 01970 RE: 5 Skerry St. Court Dear Mr. Petit: Please be advised the land you own at 5 Skerry St. Court is located in an R-2 zone. R-2 zone is residential one and two family zone. Business use are not allow with the exception of Special Permit uses listed in Section 5-3 of the Salem Zoning Ordinance. The storage of building materials and other materials is not a Special Permit use. Therefore, you are directed to remove the pallets and old section of fence and any other debris. Failure to comply will result in a complaint being filed in Salem District Court. If you have any further questions, please contact this office. rlfim�) SSii Thomas St. Pierre Acting Building Commissioner f cc: Mayors Office Tom Phillbin Councilor Flynn Fire Prevention i