Loading...
7 VICTORY ROAD - BUILDING INSPECTION V I `6o ry R©c► 1 enc° CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STRE.E'r,312D FLOOR TEL. (978) 745-9595 FAY(978) 740-9846 ICNTBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF,PUBLIC PROPERTY/BUILDING COMMISSIONER November 12, 2009 Robert Pelletier 7 Victory Road Salem Ma.01970 R.E. Permit# 27-10 Dear Mr. Pelletier,, The current Building inspection, at which you were present,was sufficient to demonstrate compliance with the City of Salem Zoning Ordinance. The removal of the kitchen and the new opening into the new addition, restores the home to a single family status. If further information is required,please let me know.. Thon.Las St.Pie e Building Commissioner/Zoning Officer cc. Jason Silva, Elizabeth Rennard, Jerry Parisella CITY OF SALEM, MASSACHUSETTS Rel BUILDING DEPARTMENT � � r 120 WASHINGTON STREET,3'°'FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER September 30,2009 Robert Pellitier 7 Victory Road Salem Ma. 01970 R.E. Building Permit Dear Owner, In July,you were issued building permit #27-10 to remove a kitchen. I would like to arrange for an Inspection to close out both the permit and the Zoning case. Please contact me to arrange for this Inspection. Thomas St.Pierre Building Commissioner/Director of Inspectional Services cc.Jason Silva Councillor McCarthy APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE CRIMINAL COMPLAINT Trial Court r Massachusetts _of District Court Department I,the undersigned complainant, request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem Distrlrt Couft 65 Washington Street D ONLY MISDEMEANOR(S), I request a hearing 0 WITHOUT NOTICE because of an imminent threat of Salem, MA.01970 0 BODILY INJURY 0 COMMISSION OF A CRIME 0 FLIGHT 0 WITH NOTICE to accused. O ONE OR MORE FELONIES,I request a hearing 0 WITHOUT NOTICE 0 WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. O HAS jO HAS NOT been arrested INFORMATION ABOUT�ACCUSEO, NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER �L c ` (Gj� f ✓r ll� l t/ PCF NO. MARITAL STATUS t!✓iC >/�! AE- DRIVERS LICENSE NO. STATE E,' I Irl 7 GENgER HEIGHT WEIGHT EYES tr HAIR RACE COMPLEXION SCARS/MARKSrFATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LA T) {/ ) { [ COMPLAINANT TYPE PD �/( 7 �1J( ) ❑ POLICE ElCITIZEN)(I OTHER ADDRESS ) f PLACE OF OFFENSE t INCIDENT REPORT NO. 7 OBTN CITATION NO(S). OFFENSE CODE DESCRIPTION t /� OFFENSE DATE VARIABLES(e.g.victim name,controlled substance,4W and value of pmperry.other variable information;we Complaint Language Manual) % OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES - OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKS COP ANTS SI TU ` DAT E FILED X ,tib rr � COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION l DATE OF HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON J `t AT r � DCCR-z l=04) COMPLAINANT'S COPY APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT of District Court Department I,the undersigned complainant,request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem District Court 65 Washington Street ONLY MISDEMEANOR(S), I request a hearing 0 WITHOUT NOTICE because of an imminent threat of Salem VIA 0 97 0 BODILY INJURY 0 COMMISSION OF A CRIME 0 FLIGHT 0 WITH NOTICE to accused. 0 ONE OR MORE FELONIES,I request a hearing 0 WITHOUT NOTICE 0 WITH NOTICE to accused. ARREST STATUS OF ACCUSED 0 WARRANT is requested because prosecutor represents that accused may not appear unless arrested. 0 HAS HAS NOT been arrested INFORMATION ABOUTACCUSED NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE � / SOCIAL SECURITY NUMBER (,, 7 v PCF NO. MARMALSTATUS rt' DRIVERS LICENSE NO. STATE GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKSI TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYERISCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LAST) 1 COMPLAINANT TYPE PD ❑ POLICE ❑ CITIZEN,O OTHER ADDRESS PLACE OF OFFENSE ` / y INCIDENT REPORT NO. OBTN CITATION NO(S). OFFENSE CODE DESCRIPTIONj ,f OFFENSE DATE VARIABLES(e.g.victim name,controlled substance,lype and value of property other variable information;we Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE $ VARIABLES REMARKS CO LAIANTS SIGNAT E DATE FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE OF HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON - AT DCCR-z(oaoa) COMPLAINANT'S COPY . BUILDING DEPT. April 26, 2006 100b APR 21 A 8' 28 RECEIVED t Or SC�LEM. MA Mr. Thomas St, Pierre, Zoning Enforcement Officer City of Salem 120 Washington Street, 3'd Floor Salem, MA 01970 Subject: Decision on the Administrative Ruling for the Property located at 7 Victory Road, Salem, Mass. Dear Mr. St. Pierre: Since the ruling on the property located at 7 Victory Road was that the new additional building was in violation of the R-1 Zoning Ordinance, I am requesting information as to the disposition of the ruling. Is the building in conformance with the Ruling and Zoning Ordinance as of the above date? If it is not in compliance with the Zoning Ordinance,when will it become compliant with the decision rendered on December 15, 2005? Please respond to the writer, in writing,your subsequent findings? Sincerely: /Y Albert C. Hill, Jr. 4 Larkin Lane Salem, MA 01970 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF SALEM, MA 120 WASHINGTON STREET, 3RD FLOOR CLERKS OFFICE SALEM, MA 01970 '-- TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. 1004 b JUN 21 A ID 58 MAYOR DECISION ON THE PETITION OF DENNIS FLYNN REQUESTING A VARIANCE FOR THE PROERTY LOCATED AT 7 VICTORY ROAD R-1 A hearing on this petition was held on June 16,2004 with the following Board Members present; Nina Cohen Chairman,Bonnie BeWr,Nicholas Helides, Stephen Harris and Richard Dionne. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published m the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from side yard setback to construct a two-story addition for the property located at 7 Victory Road located in an R-1 zone. The Variances,which have been requested,may he granted upon a finding by this 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 involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise,to the petitioners. 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 of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plane, makes the fallowing findings of fact: I. Dennis Flynn,the petitioner was requesting a Variance form the side setback requirement of the Salem Zoning Ordinance which requires 10 feet on a side setback. The petitioner was requesting that he be allowed to build an addition to within 5 f:feet from his abutter;property line 2. There was neighborhood support for the petition stating that the Flynn's were excellent neighbors and took great care with regards to the upkeep of there property. 3. There was no opposition to this petition. DECISION ON THE PETITION OF DENNIS FLYNN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 VICTORY ROAD R-I page two On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows: 1. Special conditions exist when especially affect the subject property but not he District. 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 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state stature, ordinance, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Exterior finishes of the new construction shall be in harmony with the existing structure. Variance Granted June 16, 2004 StephentAal oardof J CITY OF SALEM9 MASSACHUSETTS , . i;11Y OF SALEM. MA BOARD OF APPEAL CLERKS OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745.9595 -.2004 DEC 20 P 12. 1 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF DENNIS &GAIL FLYNN REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 7 VICTORY ROAD R-I A hearing on this petition was held on December 15,2004 with the following Board Members present:Nina Cohen Chairman, Richard Dionne, Bonnie Belair,, Edward Moriarty and Nicholas Helides 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 an Administrative Appeal of the Building Inspectors decision for the property located at 7 Victory Road. 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. Attorney James Flemming presented the appeal. 2. Reference was made to the petition that was granted in June of 2004 for increase in the size of the dwelling from 4.5 to 7.5 rooms. 3. Attorney Flemming stated that the home continues to be a single family use with { one doorbell and I mail box meeting the definitions under the code for single family. 4. Attorney Flemming made reference to plans submitted in June of 2004 being sketchy with little interior detail and being unrepresentative of the work that was actually performed. 5. Attorney Flemming stated that the Building Inspector had made the rough inspection and observed the counter level electrical outlets,and did not stop the work or note an issue. 6. Board member Attorney Moriarty reviewed definitions of both single and multi family dwellings and noted that the zoning code must be viewed in the entirety and therefore the subject is defined as a multi-family based on that definition. 7. Board member Bonnie Belair inquired if the work was completed as per the plane. Discussion requiring the labeling of the room that has been completed as a kitchen labeled in the plans as a"great room". Additional discussion concerning the verbal exchange at the June of 2004 meeting when it as alleged that the petitioner represented that there would only be one kitchen in the dwelling. The allegation was disputed. The June meeting was recorded. 8. Building Commissioner Thomas St. Pierre presented his findings as follows: a. He has viewed the situation in its totality. b. The plans submitted at the June of 2004 petition did not show a kitchen. CITY OF SALE .,MA CLERK'S OSE DECISION OF THE PETITION OF DENNIS & GAIL FLYNN REQUA A P 12: 14 ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 7 VICTORY ROAD R-1 page two Submission of plans without identifying kitchen areas is in violation of state building code. c. Newly created separate egresses exist. d Two separate housekeeping units have been created through the additional kitchen and separate egresses. 9. Albert and Ruby Hill of 4 Larkin Lane spoke in opposition to the creation of a two-family property in an R-1 zone and did not want a precedent set by allowing it to remain in place. 10. Property owner Dennis Flynn presented the following: a. Original plans showed a"great room"because they did not know at the time how they wished to use the space. b. The exterior appearance gains the same as a single family. c. Building Inspector did not mention the issue at the rough inspection. d. Building Inspector saw the counter level electrical outlets. 11. Building Inspector St. Pierre stated that his notes from the rough inspection noted the issued and he in fact did bring the issue up at the time advising the owner that a second kitchen would be an issue. 12.Abutter David Reardon of 5 Victory Road stated his support for the owner. 13.Neighbor Mr. Willets of 3 Victory Road stated his support for the owner. 14. City Councillor Joseph O'Keefe stated his support for the owners and Ruther identified the need to clarify the ordinance. 15. Owners of 5,6,12 & I1 Victory Road stated their support for their neighbor. 16.City Councillor Corchado noted that the only opposition that has reached his is from Mr. &Mrs. Hill. She state her belief that we should abide by the Zoning Ordinance as it stands now. 17.Attorney Quinn suggested that conditions be considered to accommodate the situation given all the support from the neighbors. 18. Owner of the subject property, Robert Pelletier stated that his is in favor of a lien or other conditions that would accommodate the situation. 19. Board Member Moriarty stated that the definitions in the code clearly identify the subject in its present condition to be a multi-family dwelling. CITY OF OkA CLcRkt DECISION OF THE PETITION OF DENNIS & GAIL FLYNN REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 7 VI Oft3Yrc 161 ROAD R-1 irk OEC page three Therefore,base on the fact and on evidence presented,the Board mare a motion to uphold Building Commissioners' Thomas St.Pierre decision for the premises at 7 Victory Road with a vote of I in favor and 4 to deny the petitioners appeal. ADMINISTRATIVE RULING DENIED December 15,2004 Nicholas Helides,Member Board of Appeal 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. Commonwealth of Massachusetts y conn>�� City of Salem 3 >a� 120 Washington St,3rd Floor Salem,PAA 01970(978)745-9595 x5641 PERMIT REPORT BY ADDRESS Address: 7 VICTORY ROAD PIN Permit For Parcel ID Occupancy Type Building Type Work Description Construct. Fee Paid Cost B-2003-0897 434 Residential:additions,alterations,conv. 42-0059 Residential Single Family 898-2003 CONSTRUCT 20'X 20' 3000 20 DECK OFF REAR OF HOUSE. NOT TO FALL WIN 6'OF SIDE OR REAR SETBACK. T B-2005-0054 434 Residential:additions,alterations,conv. 42-0059 Residential Single Family 62-05 ADDING AND ADDITION 75000 455 TO RIGHT SIDE OF HOUSE PER BOA APPROVAL TJS B-2010-0027 REMODEL 42-0059 Residential Single Family REMOVE OLD KITCHEN AND 2000 25 MAKE INTO MASTER BEDROOM Total Permits: 3 80000 500 1oft