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20 VALLEY STREET - BUILDING INSPECTIONI� � s� � ao . , ,. �-a r � TI , ------- I N/F JOSEPH TINA N/F'i MAP 14 LOT 263 JOSEPH M. PIEMONTE SALEM , MASSACHUSETTS S 30.03'55" E MAP 14 LOT 262 AS BUILT FOUNDATION PLAN 50. 1' MI PREPARED FOR: 12.8' 9.1' •�.µS►kO M u,4 - �� RALPH \ JOHN KARAMETSOPOULOS WLLM Uj RE'°� y': REID LAND SURVEYORS Sea.2sazaQ R NEW F�,sP� 365 CHATHAM STREET L FOUNDATION �'•;'NOSUrry LYNN, MASSACHUSETTS L24.0' QN F DATE: JUNE 16, 1997 SCALE: 1 " 20' / wGEORGE PSOMOS 00 cn N/F MAP 14 LOT 253 �; s.o' ''' JAMES P. GEORGELAS GRAPHIC SCALE MAP 14 LOT 255 2D 0 10 40 Io eo N J I o L0 Iho IN FEET ) Q #20 z 1 inch = 20 it �IMAP 14 LOT 254 LOT 559 I 4935 SIF NAIL ESSEX COUNTY BOUND (found) (found) 50.00' I 50.00' N 31'03'16" W 64.68' V A L L E Y S T R E E T (ESSEX COUNTY LAYOUT) "I CERTIFY THAT THE FOUNDATION IS LOCATED AS SHOWN AND CONFORMS TO A VARIANCE GRANTED BY THE SALEM BOAD OF APPEAL AND MODIFIED BY R1 ZONING DISTRICT THE SUPERIOR COURT IN CIVIL ACTION NO. 95-0623." MIN AREA 15,000 SF MIN FRONTAGE 100' y' �.rw /L� rf',r MIN FT YARD 15' MIN SIDE YARD 10' NO "SPECIAL FLOOD HAZARD" AREA INVOLVED MIN REAR YARD 30' COMMUNITY #250102 0058 FEMA 8/5/85 R94-082A N/F JOSEPH TINA MAP 14 LOT 263 JOSEPH M. PIEMONTE SALEM , MASSACHUSETTS S 30.03'55" E MAP 14 LOT 262 AS BUILT FOUNDATION PLAN 50.01' ;,IPREPARED FOR: 72.8' 9.1• .✓•'F �. _ �• °�`"° �. JOHN KARAMETSOPOULOS WILLZ m WID No..2U REID LAND SURVEYORS O .� NEW 365 CHATHAM STREET L R U_ FOUNDATION ; �' ��osurry LYNN, MASSACHUSETTS Q DATE: JUNE 16, 1997 SCALE: 1 " = 20' N F GEORGE PSOMOS ww � f MAP 14 LOT 253 o z4.0'� 9.0' w JAMES P. GEORGELAS GRAPHIC SCALE 46 I NMAP 14 LOT 255 m o io so 40 so J I 00n I rn ao LO IN FEET Q bI #20 z i inch = 20 ft �*IMAP 14 LOT 254 LOT 559 I 4935 SF NAIL ESSEX COUNTY BOUND I (found) (found) 50.00' I 50.00' N 31'03'16" W 64.68' V A L L E Y S T R E E T (ESSEX COUNTY LAYOUT) ' I CERTIFY THAT THE FOUNDATION IS LOCATED AS SHOWN AND CONFORMS TO A VARIANCE GRANTED BY THE SALEM BOAD OF APPEAL AND MODIFIED BY R1 ZONING DISTRICT THE SUPERIOR COURT IN CIVIL ACTION NO. 95-0623." MIN AREA 15,000 SF MIN FRONTAGE 100' Yom/-' w rfs MIN FT YARD 15' MIN SIDE YARD 10' NO "SPECIAL FLOOD HAZARD" EMA�8/5/85 INVOLVED MIN REAR YARD 30' COMMUNITY #250102 005B R94-082A BUILDING DEPT. JUL 10 8 31 AM '97 RECEIVED CITY OF SALEM,MASS. d �4 Titu of 3ttlem, massar4usetts ! �`o Public Propertg Department Nuilbing Department (One Belem Q4reen 508-715-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 10 , 1997 Robert Ledoux City Solicitor Salem, Mass . 01970 RE : 20 Valley Street Dear Mr . Ledoux: On March 7 , 1995 , the City of Salem Board of Appeals granted a Special Permit and Variance to Mr. John Karametsopoulas to build a house at 20 Valley Street , per plans submitted. The plans submitted did not show a garage at the basement level at the time of filing. Mr . Karametsopoulas wishes to install a garage at basement level , this will not interfere with any of the dimensions on the structure or property per Board of Appeals granting. I feel this in the best interest of the neighborhood where it will enable to keep vehicles off of Valley Street . My question to you is should Mr . Karametsopoulas have to file to the Board once again for relief to install a garage , or can he be granted permission from the Building Department to proceed in installing a garage on said property . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Zoning Enforcement Officer LET: scm cc: Councillor O ' Leary, Ward 4 John Karametsopoulos i y (Gita of I�ttlem, fflZj955rjjU9ett9 Enarb of Aupeal 02 UC S5 CITY 01 ;1,U M. MASS CLI RK'$ Of Fi6F AMEMDMENT TO THE DECISION OF 20 VALLEY STREET DECISION ON THE PETITION OF JOHN KARAMETSOPOULOS FOR VARIANtCES AND SPECIAL PERMIT AT `20-VALLEY-STREET. A hearing on this petition was held February 15, 1995 with the following Board Members present: Stephen Touchette; Chairman, Arthur Labrecque, Gary Barrett, Nina Cohen 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 a Variance from side and rear setback, lot size, lot frontage and a Special Permit to remove a non-conforming existing dwelling located at 20 Valley Street. The property is located in an R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, '_and, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 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. u%IENDMENT TO THE DECISION OF 20 VALLEY STREET DECISION: OF THE PETITION OF JOHN' KARAMETSOPOULOS FOR A SPECIAL PERMIT AND VARIANCE AT 20 VALLEY STREET, SALEM page two 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 . Ward 4 Councillor, Leonard O'Leary spoke in opposition to the petition. 2. Cynthia and Peter Georgelas of 22 Valley Street spoke in oppositon to the petition. 3. George Psomos of 2 Malm Avenue spoke in opposition to the petition. 4. Board Member, Arthur LeBrecque spoke in opposition, stating to many violations. 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 Ordinance would involve substantial hardship on the petitioner. 3. The relief requested 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. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal voted 4, in favor and 1 opposed, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, codes ordinances and regulations. 2. All construction shall be done per the pians and dimensions submitted. 3 . All requirements of the Salem Fire Dept. relative to smoke and fire safety shall be strictly adhered to. L . Petitioner shall obtain a building permit prior to beginning any construction. ADMENDMENT TO THE DECISION OF 20 VALLEY STREET DECISION ON THE PETITION OF JOHN KARAMETSOPOULOS FOR VARIANCES AND SPECIAL PERMIT AT 20 VALLEY STREET. page three 5 . A Certificate of Inspection is to be obtained. 6. Petitioner states that no blasting is required for construction of a foundation. Special Permit and Variances Granted February 15, 1995 Albert C. Hill, Jr. Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANT 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 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. Board of Appeal Chi of _'5tzlem, C�Rassttchusetts _ s Bnttra of11A, peal N N F S 3 "1 A DECISION ON THE PETITION OF JOHN KARAMETSOPOULOS FOR VARIANCES AND Sg,ECIA PERMIT AT•20;VALLEVSTREET" cry A hearing on this petition was held February 15 , 1995 with the following Board Members present: Stephen Touchette; Chairman, Arthur Labrecque, Gary Barrett, Nina Cohen 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 a Variance from side and rear setback, lot size, lot frontage and a Special Permit to remove a non-conforming existing dwelling located at 20 Valley Street. The property is located in an R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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 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. DECISION OF THE PETITION OF JOHN KARAMETSOPOULOS FOR A SPECIAL PERMIT AND VARIANCE AT 20 VALLEY STREET, SALEM page two 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. Ward 4 Councillor, Leonard O'Leary spoke in opposition to the petition. 2. Cynthia and Peter Georgelas of 22 Valley Street spoke in oppositon to the petition. 3. George Psomos of 2 Malm Avenue spoke in opposition to the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: I. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. The relief requested 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. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, codes ordinances and regulations. 2. All construction shall be done per the plans and dimensions submitted. 3. All requirements of the Salem Fire Dept. relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Inspection is to be obtained. — -- o N X r V! N V 'DECISION ON THE PETITION OF JOHN KARAMETSOPOULOS FOR VARIANCES AND SPECIAL PERMIT AT 20 VALLEY STREET. page three 6. Petitioner states that no blasting is required for construction of a foundation. Special Permit and Variances Granted February 15, 1995 Albert C. Hill, Jr. Member, Board of Appeal a -o — i o - N ^y F -n W1 22 Valley Street Salem, MA 01970 July 18, 1988 Mr.; William Munroe Building Inspector City of Salem 1 Salem Green Salem, MA 01970 Dear Mr.: Munroe . It has come to our attention that for the past four months two non—family members have taken up residence at 20 Valley St.,, Salem, one in the main house and one in the freestanding garage as evidenced by the placement of a cot in the garage and an extension cord running from the main house to the garage for electricity.; (Note : the house and garage were built years ago and are in some places less than 10 feet away from our boundary line.,) There is no city sewerage on the property (only a septic tank) , and there are no water facilities in the garage ., One of these new tenants has housed his dog in a makeshift doghouse which abuts the main house within seven feet from our side lot , and we find its barking and unsanitary living conditions very disturbing. We speak for many other neighbors (several retirees included) when we say that the noise and loud rock and roll music emanating from the garage are also quite disturbing.... Since Valley Street has an R71 Zone classification, we `would appreciate your addressing this situation and informing us of the outcome .; Our telephone number is 745-0857.,. Sincerely yours , mJ� e Geo gela Cynthia Georgelas"' tx,es, z• -n rt n rfVj .. -...:ti _ i> �o (, ,�1 Cftp of *atem, ;fflaggacbm5ettg jubtic Propertp Department 43uilbing Department One gbalem Oreen 745-9595 9'xt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 22, 1992 Ms. Pat Banas 20 Valley St. Salem, MA 01970 RE: 20 Valley St. (R-1 ) Dear Ms. Banas: This department is in receipt of a written complaint alleging there is an individual residing in the garage which is located at the above reference property. This would appear to be a violation of the City of Salem Zoning Ordinance relative to the boarding of persons in a Residential Single Family Zone (R-1 ) . In addition, it appears you may be in violation of the State Sanitation Code, having an individual living in a garage without property facilities. Please contact this office within seven (7) days of receipt of this letter. Failure to comply may result in the appropriate legal action being taken. Sincerely, Maurice M. Martineau Assistant Building Inspector MMM:bms cc: City Solicitor Fire Department Health Department Councillor O'Leary Certified Mail #P 268 692 043 Citp of *alem, AaggaCbmwtg • � Public Propertp Department T6uilbing Department One 6atem Green 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 2, 1988 Ms. Pat Banas 20 Valley Street Salem, MA. 01970 RE: Zoning Complaint Dear Ms. Banas, This department has received a written complaint regarding two alledged non family members residing at your property. This complaint alledges that one non family member lives in your house and one is living in the garage. These living arrangements appear to be in Violation of the City of Salem Zoning Ordinance regarding boarding in an R- 1 zone. It would appear a Zoning Violation also exists in having two dwellings on the same lot . In addition it appears that you are in Violation of the State Sanitation Code in having a person living in the garage without the proper facilities. Please contact this office within seven days of receipt of this letter to resolve the above complaint . Sincerely,�Maurice M. Martineau Assistant Building Inspector MMM/eaf C.C. City Solicitor William Toomey Ward Councillor Fire Department Board of Health 3 �q C tU of 14�tt1Em. Massar4usetts Ilultlic Propertg Department Nuilaing Department (One Belem (6reen 508.745.9595 Ext. 380 Leo E. Tremblay - Director of Public Property Inspector of Building Zoning Enforcement Officer January 17 , 1997 John Karametsopoulos 355 Maple Street Lynn, Mass . 01904 RE : 20 Valley Street Dear Mr . Karametsopoulos : On January 16 , 1997 , I conducted an inspection of the above mentioned property and found that the building was not built in accordance with permit #680-96 . Under Article 1 , Section 122 , this is grounds for revocation of your permit . As of 1 : 00 p .m. on January 16 , 1996 permit #680-96 is revoked. Further work shall not commence until pending court case is decided, then a new permit may be pursued. If this office can be of any further assistance, please do not hesitate to call . Sincerel i � GL � John; J . Jennie Local Building ! Ihspectbr JJJ: scm ' cc : Electrical Department Fire Department Health Department �P (situ of i�tt1Em. Mali sttc4usEtts l i'a Public Propertg Department Nuilbing i9epartment (!ane dalem Ibrern 500.745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 17 , 1997 John Karametsopoulos 355 Maple Street Lynn, Mass . 01904 RE : 20 Valley Street Dear Mr . Karametsopoulos : On January 16 , 1997 , I conducted an inspection of the above mentioned property and found that the building was not built in accordance with permit #680-96 . Under Article 1 , Section 122 , this is grounds for revocation of your permit . As of 1 : 00 p .m. on January 16 , 1996 permit #680-96 is revoked. Further work shall not commence until pending court case is decided, then a new permit may be pursued. If this office can be of any further assistance, please do not hesitate to call . Sincerer I GL John r J . Jenna\ Loca Building !, spectbr JJJ: scm cc : Electrical Department Fire Department Health Department SUPERIOR COURT 95- 623 . CYNTHIA A. GEORGELAS, ET. AL vs. STEPHEN TOUCHETTE, ET. ALS COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT Al(5081744-8341 508/745-3363 g;;,, BBO 11291280 Robert A. Ledoux 49 Federal St Salem, Ma 01970-3469 SALEM, MA 01970 for City of Salem. 617/581-5313 HBO 11345580 John C. Mihos 7 Franklin Street Lynn, Ma 01902 for J. Karametso oulos /Ills ADDITIONAL PLAINTIFFS DATE NO. DOCKET ENTRIES PETER J. GEORGELAS MARCH 20 1 COMPLAINT 2 CIVIL ACTION COVER SHEET Jm April 5 3 Affidavit of Dlaintiffs' attorney of service on defiandantc ( 27 4 Answer of the City of Salem Board of Appeal. lc 28 5 Answer of defendant John Karametsopoulos. lc Jul ' dismiss, plaintiffs' verified memo in opposition to lefts. ' ADDITIONAL DEFENDANTS motion to dismiss; affidaivt; affidavit; request for hearing, ARTHUR LABREC UE • ARY BARRETT. NINA received 7/18/95 (EH) COHEN, AND'.ALBERT,HILL'; "AS+THEY.ARE August 2 - Notice of Hearing on Motion #6 on 8/14/95 at 2:00 .m. , EH THE BOARD OF APPEAL^OF:'THE' CITY OF 16 116 Continued to 8/24/95 at 2PM dated 8/14/95 Whitehead.j. .all ISALEM AND JOW KARAMETSOPOULOS, parties notified on 8/16/95. lc Sept. 8 -- Motion 116 Denied 9/8/95 Ford J. , Notices sent to all parties. 1 CODE: CO2 � I �, c k �� 04/29/1997 13:57 6175981190 PAGE 01 JOHN C. MHOS COUNSE410R AT LAW 7 FRANKLIN STREET LYNN,MASS.01902 FAX(677)59G 1190 April 29, 1997 VIA FAX: (506) , 744-5916 Leo Tremblay Building Inspector Salem City Hall Salem MA 01970 RE: 20 Valley Street, Salem MA Dear Mr. Tremblay: Enclosed please find the order of Judge Allan van Gestel of the Superior Court relative to the above-entitled matter. The prior decision of the Salem Board of Appeals has been affirmed in all aspects except that the right side yard of the building was increased from 6 .6 feet to 8 feet . It is my understanding that a building permit for the property would not be issued by your office until you had received a copy of this decision. City Solicitor, Robert A. Ledoux participated in the preparation of the judgement and if you have any questions, you may contact Mr. Ledoux. If you have any questions of me, please feel free to contact me. Very,ttr rs, HN C. MIHOS dCM/cj Enclosure 04/29/1997 13:57 6175981190 PAGE 02 COMMONWEALTH OF MASSACHUSETTS ESSEX, S.S. SUPERIOR COURT CIVIL ACTION NO. 95-0623 CYNTHIA A. GEORGELAS and ) PETER J. GEORGELAS, ) Plaintiffs ) V. ) JUDGMENT . STEPHEN TOUCHETTE, ARTHUR ) LABREQUE, GARY BARRETT, NINA ) COHEN and ALBERT HILL, as they ) are the Board of Appeal of the ) City of Salem and JOHN ) , RARAMETSOPOULOS, ) Defendants . ) ) After hearing; it is hereby ordered, that the decision of the City of Salem Board of Appeals dated February 15, 1995 is 'hereby modified .as follows: The petition is granted subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, codes, ordinances and regulations. 2 . All construction shall be done per the plans and dimensions submitted, except that the location of the structure shall be modified so that the right side yard shall be eight feet at least. 3 . All requirements of the Salem Fire Dept. relative to smoke and fire safety shall be strictly adhered to. 4 . Petitioner shall obtain a building permit prior to beginning any construction. 5 . A .Certificate of Inspection is to be obtained. 6 . Petitioner states that no blasting is required for construction of a foundation. 7. Petitioner shall not store any building materials overnight within the 8-foot sideyard between the dwelling and the property of the abuttors, Cynthia and Peter Georgelas, during construction. 04/29/1997 13:57 6175981190 PAGE 03 B . Petitioner shall allow the abuttors, Cynthia Georgelas and Peter Georgelas, access onto his property to make repairs to existing damage to the existing fence on their .property line only after notifying John Karametsopoulos and receiving his permission. 9 . Petitioner shall be liable for any damages caused by Petitioner' s actions to the Georgelas ' property during construction. By th �Co�urt : Allan van Geste Justice of the Superior Court Dated: April AL,. 1997 0,4/14/1957 05: 3E: 51759811911 • �,��� �, i. 8 . Petitioner shall allow the abuttors, Cynthia Georgelas and Peter Georgelas, access onto his property to make repairs to existing damage to the existing fence on their property line only after notifying John Rarametsopoulos and receiving hie permission. 9 . Petitioner shall be liable for any damages caused by Petitioners actions to the Georgelas ' property during construction. By the Court: Allen van Geste-, Ju ge 3 (situ of i'�ttlgm, massarllusetts Public Propertq i9epartment / Nuilbing Department (One Bnlem (barn 508.745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 2 , 1997 RE: 20 Valley Street To Whom it May Concern: This is to verify that permit #403-95 used for 20 Valley Street , has been reinstated as of May 2 , 1997 per judgment and changes made by Superior Court on April 16 , 1997 . Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm I. COMMONWEALTH OF MASSACHUSETTS ESSEX, S .S . SUPERIOR COURT CIVIL ACTION NO. 95-0623 CYNTHIA A. GEORGELAS and ) / PETER J. GEORGELAS, ) Plaintiffs V. ) JUDGMENT VV STEPHEN TOUCHETTE, ARTHUR LABREQUE, GARY BARRETT, NINA ) COHEN and ALBERT HILL, as they ) are the Board of Appeal of the ) City of Salem and JOHN ) , KARAMETSOPOULOS, ) Defendants . ) After hearing, it is hereby ordered, that the decision of the City of Salem Board of Appeals dated February 15, 1995 is hereby modified as follows : The petition is granted subject to the following conditions : 1. Petitioner shall comply with all city and state statutes, codes, ordinances and regulations. 2 . All construction shall be done per the plans and dimensions submitted, except that the location of the structure shall be modified so that the right side yard shall be eight feet at least . 3 . All requirements of the Salem Fire Dept . relative to smoke and fire safety shall be strictly adhered to. 4 . Petitioner shall obtain a building permit prior to beginning any construction. 5 . A Certificate- of Inspection is to be obtained. 6 . Petitioner states that no blasting is required for construction of a foundation. 7 . Petitioner shall not store any building materials overnight within the 8-foot sideyard between the dwelling and the property of the abuttors, Cynthia and Peter Georgelas, during construction. True Co y, Attest ss't Cle 8 . Petitioner shall allow the abuttors, Cynthia Georgelas and Peter Georgelas, access onto his property to make repairs to existing damage to the existing fence on their property line only after notifying John Karametsopoulos and receiving his permission. 9 . Petitioner shall be liable for any damages caused by Petitioner' s actions to the Georgelas ' property during construction. By t( h Court : CGre u-� Allan van Geste Justice of the Superior Court Dated: Aprils 1997 1 Z_ W" CITY OF SALEM - MASSACHUSETTS ROBERTA. LEDOUX Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 50e-741-2111 Salem, Massachusetts 01970 50e-745-7710 May 1, 1997 Salem Board of Appeals c/o Building Inspector's Office One Salem Green Salem, Massachusetts 01970 Attention: Gary Barrett Dear Gary: I enclose herewith a copy of the Judgment from the Superior Court in connection with the Georgelas matter. As you can see from this Judgment the sideyard was modified by two feet and everything else remained the same. If you have any questions, please do not hesitate to call. Very truly yours, ROBERT A. LEDOUX City Solicitor RAL/leh Enclosure File #9448.13 04/1411997 139: r 6175981190 PAGE 02 COMMONWEALTH OF MASSACHUSETTS ESSEX, S.S . SUPERIOR COURT CIVIL ACTION NO. 95-0623 CYNTHIA A. GEORGELAS and ) PETER J. GEORGELAS, ) Plaintiffs ) V, ) JUDGMENT STEPHEN TOUCHETTE, ARTHUR ) LABREQUE, GARY BARRETT, NINA ) COHEN and ALBERT HILL, as they ) are the Board of Appeal of the ) City of Salem and JOHN ) KARAMETSOPOULOS, ) Defendants. ) ) After hearing, it is hereby ordered, that the decision of the City of Salem Board of Appeals dated February 15, 1995 is hereby modified as follows: The petition is granted subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, codes, ordinances and regulations. 2 . All construction shall be done per the plans and dimensions submitted, except that the location of the structure shall be modified so that the right side yard shall be eight feet at least. 3 . All requirements of the Salem Fire Dept. relative to smoke and fire safety shall be strictly adhered to. 4 . Petitioner shall obtain a building permit prior to beginning any construction. S. A Certificate of Inspection is to be obtained. 6 . Petitioner states that no blasting is required for construction of a foundation. 7 _ Petitioner shall not store any building materials overnight within the 8-foot sideyard between the dwelling and the property of the abuttors, Cynthia and Peter Georgelas, during construction. N/F JOSEPH TINA MAP 14 LOT 263 JOSEPH M. PIEMONTE SALEM , MASSACHUSETTS S 30.03'55' E MAP 14 LOT 262 PROPOSED ADDITION PREPARED FOR: 50.01Ui JOHN KA RA M ETS O P O U LO S • O► ' -H OF W "► �� RALPHyv, REID LAND SURVEYORS � a.o' jI0 No.�� y' 365 CHATHAM STREET L 9FGfS.1Eg4� LYNN, MASSACHUSETTS Z DATE: 10/29/96 SCALE: 1 " = 20' N/F CA GEORGE PSOMOS L`Oo v+^r r s B' N/F GRAPHIC SCALE MAP 14 LOT 253 �. ''12-7 w JAMES P. GEORGELAS MAP 14 LOT 255 20 o To 20 40 eo m a -j #20 M 00 PROPOSED MAP T 254 LO ( IN FEE ) Q GARAGE TO BE REMOVED 1 inch 20 tL ADDITION do TWO (9'x19') PARKINGS LOT 559 TO BE CONSTRUCTED 4935 SF 9.00, 8 `I NAIL ESSEC COUNTY BOUND (found) (found) 50.00' 50.00' N 31'03'16" W 64.68' V A L L E Y S T R E E T R1 ZONING DISTRICT (ESSEX COUNTY LAYOUT) MIN AREA 15,000 SF MIN FRONTAGE 100' APPROVED, MIN FT YARD 15' any other authority having jumdictLoz . MIN SIDE YARD 10 EXISTING LOT COVERAGE = 14% crryclFBALE,M MASS. MIN REAR YARD 30' PROPOSED LOT COVERAGE = 17% FIRE -' 'VENWTION$ BY IR94-082A PLAN° EAPPROV SO ELY FO IOENTIFx;AT OF ALL FIRE PROTECTION DEVICES ARE SWJECT TO A FIVALTEST AND INSPECTION,FOR COMPLETECOMPLI- 4NCE WITH THE FIRE CODE. � n Zo - z J � i i 3 N � 3 o . 1 i I i z � �- �z '-7 A�Y^ • y _ r ` J v X f Zx 4's Grp/ Q2 <r�� " t � CITY OF SALEM - MASSACHUSETTS ROBERT A.LEDOUX Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 508-741-2111 Salem, Massachusetts 01970 50e-745-7710 August 8, 1996 Mr. Leo Tremblay Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 RE: Cynthia A. Georgelas, et al vs. Stephen Touchette, et al Dear Mr. Tremblay: With reference to the above captioned I with to advise you that it is pending before the Essex Superior Court. No building permits should be issued until this matter is heard by the Court. Thank you for your consideration. Veryy truly yours, ( O 9 ROBERT A. LEDOUX City Solicitor RAL/leh File # CS9448.13 ' 4st 214417 2Ec1E-e 2?41 SLN �� .:�� .• -` � a ' +:, . �: ,> j'✓ � _ �. l d'" 4 ,y, �'�`�• . � ..A :.:�;.I ,:'i 'i i lt. 1w�, ' �� 'r„ 0441?32bc16-t 2'141 IRMI s ,wr»� �'a.'y III''' '�,:...... Y �` �!, �/� �.*Mli._ �,� �'/J�.`.''y ��l r ♦, ,�.. -. 2341 8225 ^ � < } ; . � . � . . $� . _ � x « 0441732€"16 2,341 821216.