22 WILLOW AVENUE - BUILDING INSPECTION 22 WIT,T,OW AVENUE
t
= s -
v$�%i)NDIT,�4
5e JS6CITY OF SALEM MASSACHUSETTS
!� `a. -��
BOARD OF APPEAL
901h Aur. �A 8. 4b
` 120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970
HIMSERLEYDRIscoLL T)mE:978-745-9595 ♦ FAX:978-740-my FILE 0
CLERK. SALEM,MASS:
MAYOR
August 29, 2014
Decision
City of Salem Board of Appeals
Petition of THOMAS & MARY DEMAKES requesting a Special Permit per Section 3.3.4 of the
Salem Zoning Ordinance, to allow a single-story addition and an exterior stairway to an existing
nonconforming structure, for the property at 22 WILLOW AVENUE (R1 Zoning District).
A public hearing on the above Petition was opened on July 16, 2014 pursuant to M.G.L Ch. 40A, g 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran
(Chair), Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit from Section 3.3.4 of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped June 25, 2014, the Petitioner requested a Special Permit to expand an
existing nonconforming structure by adding: a single-story 4-foot 4-inch deep by 16-foot 8-inch long
addition to the rear of the existing structure, enclosing an existing first-floor side porch, and adding an
exterior stairway to the rear of the first-floor side porch.
2. The applicant submitted revised plans dated 7/16/2014, sheets EX2, Al, and A2, with a proposed 3-
foot 6-inch deep addition to the first-floor side porch.
3. The proposed side porch addition would add approximately 58 square feet to the first floor porch,
and the addition would not encroach on any of the required setbacks.
4. Mr. Richard Griffin, architect,presented the petition.
5. The requested relief, if granted, would,allow the Petitioner to construct a single-story 4-foot 4-inch
deep by 16-foot 8-inch long addition to the rear of the existing structure, to enclose and extend the
existing first-floor side porch, and to add an exterior stairway to the rear of the fust-floor side porch.
6. At the public hearing, no members of the public spoke in favor of, or in opposition to, the petition.
The. Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings:
1. Community needs served by the proposal will be unchanged from the existing condition, the
proposed additions are in keeping with the character of the neighborhood,
2. The parking and loading will be unchanged from the existing condition.
3. The impact on utilities and public services will be unchanged from the existing condition.
4. There will be no negative impact on the natural environment, particularly as any added roof runoff
will be directed to on-site permeable areas.
z
City of Salem Board of Appeals
August 29,2014
Project:22 Willow Avenue
Page 2 of 2
5. The proposal is in keeping with the neighborhood character.
6. The proposal is an improvement to the property, particularly with the enhanced view of the water, so
it will have a positive economic and fiscal impact.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Copelas and Mr. Duffy in favor) and none (0) opposed, to grant the
requested Special Permit to allow construction of a single-story 4-foot 4-inch deep by 16-foot 8-inch long
addition to the rear of the existing structure, to enclose and extend by approximately 58 square feet the
existing first-floor side porch, and to add an exterior stairway to the rear of the first-floor side porch., subject
to the following terms, conditions, and safeguards:
1. The 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 to 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. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board
+[n. /
Rebecca Curran, Chair
Board of Appeals
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 of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
o CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
X 120 WASHINGTON STREET, 3RD FLOOR
z ... SALEM, MA 01970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY
MAYOR
February 22, 2002
Laurie Hoover
22 Willow Ave.
Unit 2
Salem,Ma. 01970
Dear Owner:
Thank you for meeting with me yesterday to inspect your second and third floor units.
The second floor is obviously your personal residence and no violations exist in that unit.
The third floor unit is in violation of Salem Zoning Ordinance Section 5411which
refers to Special Permit uses in R-C and R-1 Districts as it applies to professional offices.
I have enclosed a copy of this ordinance.
After you review this ordinance please contact this office to discuss your plans to bring
this unit into compliance.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Local Building Inspector
cc: Mayors Office
Tom Phillbin, Chief of Staff
Councillor Driscoll
Enclosed Zoning Ordinance
CERTIFICATE DATA
EXPIRES ISSUED CERTIFICATE NO. INSPECTOR
ORDERS
ISSUED COMPLIED ISSUED COMPLIED
19 19 19 19
19 19 19 19
19 19 19 19
REMARKS
STREET & NUMBER 22 Willow Avenue DATE V 227 75
OTHER LICENSES OR PERMITS REQUIRED
OWNER OF RECORD OF BUILDING Yolande Bickerton
ADDRESS
CERTIFICATE ISSUED TO
ADDRESS
NAME OR ADDRESS JAN FEB MARIAPRPAYIJUN JUL JAUGISEP JOCTINOVIDECI USE I YEAR
zz wlilow avenue - 75
L1 �:iilow Avenue 1,-2 99
NAME OR ADDRESS I JAN I FESIMAqAPRI MAYI JUNIJULIAU!ISEPI OCTI NOV DE USE YEAR
PURPOSE USED Residential
PROVIDE THE FOLLOWING INFORMATION AS APPLICABLE
# OF STORIES J& B CLASS OF CONSTRUCTION DATE ERECTED
CERTIFIED CAPACITY: (BY STORY OR TYPE)
NUMBER OF ROOMS - HOSPITALS. SCHOOLS. HOTELS: (BY STORY OR TYPE) -
1st - 6 & B 2nd - 6 & B 3rd - 3 & B
NUMBER OF DWELLING UNITS PER STORY 1
. FORM SBCC-2-74 � .•_ _
EMERGENCY LIGHTING SYSTEM
MEANS OF DETECTING AND EXTINGUISHING FIRE
# OF ELEVATORS
HOW HEATED Oil - Steam
BOILER OR OTHER HEATING APPARATUS
HOW LIGHTED HOW VENTILATED
PLACE OF ASSEMBLY: YES NO
PURPOSE USED
IN WHICH STORY
STANDARD BOOTH INSTALLED LOCATION
FIXED SEATING
# OF AISLES AND WIDTH
FIRE RESISTANCE OF CURTAINS OR DRAPERIES
# OF SANITARIES I LOCATION each apt.
# OF GRADE FLOOR MEANS OF EGRESS DOORWAYS 2
# OF SEPARATE STAIRWAYS ACCESSIBLE PER STORY 2
# OF APPROVED INDEPENDENT EXITWAYS PER STORY 2
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
gBN TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY
MAYOR
January 30, 2002
Laurette Hoover
22 Willow Avenue
Unit 2 & 3
Salem, Ma. 01970
Dear Owner:
This office has received complaints about your above-mentioned property.
This complaint alleges that you are using two units in the building to run a business.
Please contact this office within ten (10) days upon receipt of this letter to discuss this
matter and to set up an inspection.
Thank you in advance for your anticipated cooperation in this matter.
S//
�// /i�n�cerely,
7110
Thomas St. Pierre
Local Building Inspector
Cc: Mayors Office
Tom Phillbin
Councillor Driscoll
INSPECTION REPORT DATE: S--;2,P ^76~
� wp . �g /O; OU �✓Yl
ADDRESS: oG I''/"t /✓ f :ri/� °' 7- 25
OWNER:
USE GROUP: z —?c KmsQ— / �iS TdC� G
NUMBER OF STORIES: c?por-.46
NUMBER OF ROOMS (BY STORY) :/5,11'
HOW HEATED: -eli / -5},44 04
GAS: YES NO:
NUMBER OF SANITARIES:
NUMBER OF APPROVED EGRESS DOORWAYS:
REMARKS:-
/aU 3 I
4.0
FEE RECEIVED: YES voo, N0:
IL
Ree 2
a ress of proper y
Dear Sir:
In accordance with Section 111 .43 of the State Building Code,
I, as the owner hereby give notice to the Building Inspector of
City
the -Town. of Salem that the premises at
22 Willow Avenue , is being &;51d onnot vacant
a dress of property date
with title passing to James H. MacDowell on or about
name o£ buyers
Ma 30 197
(date)
Entry to the premises may be obtained by contacting
-------------------------- Castle' s Realty Co.
, or James S. Castle 927-1600 or
owners realtor '
------------------------------ should you determine than an inspec-
othe r
tion is necessary or desired.
Would you kindly acknowledge that you have received this
letter by signing and dating the attached copy, and returning it
to me in the enclosed envelope.
Yours very truly,
ame owner"
Yolande Bickerton
On , 19 , I received th' e ter in compliance
with Section 111 .43 of the State Building Code.
Building Inspector)
a,iiNiftu'mmar.. w.+�5!tr�rw.`�,q ..
Re: 22
a ress of proper y
Dear Sir:
In accordance with Section 111 .43 of the State Building Code,
I, as the owner hereby give notice to the Building Inspector of
City .
the -Tam& of Salem that the premises at
e
22 Willow Avenue , is being oniiot vacant
a dress= o proper y date
with title passing to James H. MacDowell on. or about
name of buyers
May 30. 1975
(date)
m
Entry to the premises may be obtained- by contacting
-------------------------- Castle's Realty Co.
_ or James S. Castle 927-1600 or
owners realtor '
------------------------------ should you determine than an inspec-
other
tion is necessary'ordesired.
Would you kindly acknowledge that you have received this
letter by signing and dating the attached copy, and returning it
to me in the enclosed envelope.
Yours very truly,
� --(name of owner
Yolande Bickerton
0n , 19 , I received thus Vetter in compliance
with Section 111 .43 of the State Building Code.
j
Building Inspec or m
FORM 4
i 'ORDER OF CONDITIONS
W E T L A N D S P R O T E C T I O N A C T
G.L. C. 131, s. 40
CITY/TOWN Salem FILE NUMBER '64'-80 ...
- 1.
To: NAME Frederick J. AtkinSADDRESS 22 Willow Avenue
CERTIFIED MAIL NUMBER
PROJECT LOCATION:
Address 23 Glendale Avenue , Salem
Recorded at Registry of South Essex Book 6758 Page 188
Certificate (if registered)
r > REGARDING:
Notice of Intent dated June `26, 1981
and pians titled and dated Steel sheet piling, concrete ret, wall
5-29-81
THIS ORDER IS ISSUED ON (date) July 23, 1981
-----------------------------------------------------------------
Pursuant to the authority of C.L. c. 131, s. 40, the Conservation
Commission has reviewed your Notice of Intent
and plans identified above, and has determined that the area on which
the proposed work is to be done is significant to one or more of the
interests listed in G.L. c. 131, s. 40. The Conservation Commission
hereby orders that the following conditions are necessary to protect
said interests and all work shall be performed in strict accordance
with them and with the Notice of Intent and plans identified above
except where such plans are modified by said conditions.
CONDITIONS
1. Failure to comply with all conditions stated herein, and with
all related statutes and other regulatory measures, shall be
deemed cause to revoke or modify this order.
_l_
FORM 4
ORDER OF CONDITIONS CONTINUED FILE NUMBER 64-80
2. This order does not grant any property rights or any exclu-
sive privileges; it does not authorize any injury to private
property or invasion of private rights.
3. This order does not relieve the permittee or any other per-
son of the necessity of complying with all other applicable
federal, state or local statutes; ordinances, by-laws and/ !. J
or regulations.
4. The work authorized hereunder shall be completed within one
(1) year from the date of this order unless it is for a
maintenance dredging project subject to Section 5(9). The
order may be extended by the issuing authority for one or
more additional one-year periods upon application to the
said issuing authority at least thirty (30) days prior to
the expiration date of the order or its extension.
5. Any fill used in 'connection with this project shall be clean
fill, containing no trash, refuse, rubbish or debris, includ-
ing, without. limiting the generality of the foregoing, lumber,
bricks, plaster, wire, lath, paper, cardboard, pipe, tires,
ashes, refrigerators, motor vehicles or parts of any of the .
foregoing.
6. No work may be commenced untill all appeal periods have �. 1:
elapsed from the order of the= Conservation Commission or from
a final order by the Department of Environmental Quality
Engineering.
7. No work shall be undertaken until the final order, with '
respect to the proposed project, has been recorded in the
Registry of Deeds for the district in which the land is
located within the chain of title of the affected property.
The Document number indicating such recording shall be sub-
mitted on the form at the end of this order to the issuer
of this order prior to commencement of work.
8. A sign shall be displayed at the site not less than two
square feet or more than three square feet bearing the
words, "Massachusetts 6Z%aOrtment of Environmental Quality
Engineering, Number vv 88
9. Where the Department of Environmental Quality Engineering
is requested to make a determination and to issue a super-
seding order, the Conservation Commission shall be a party
to all agency proceedings and hearings before the Depart-
ment.
C
_2_
� 1
ORDER OF CONDITIONS CONTINUED FILE NO.- E4-8O
10. Upon completion of the work described herein, the applicant
shall forthwith request, in writing, that a Certificate of
Compliance be issued stating that the work has been satis-
factorily completed.
11. 'fhe work shall conform to the Following described plans and
additional conditions.
The Conservation Commission has determined that the projected
work is significant to storm damage prevention and issues the .
following order of conditions :
1. Except as modified by this ,order of conditions ; all work
shall be done in conformance with the following plans:
a. Site Detail Plan in Salem,, Mass . for Frederick J.
Atkins Trust, 22 Willow Ave. , Salem, MA., T & M Associates.
5-29-81 - -
b. Proposed Steal Sheet Piling, concrete retaining wall,
timber piles, timber pier and floats, and solid fill
in Salem Harbor, Sheet 2 of 2 .
c. Proposed Steel Sheet Piling, concrete retai>,,iig' wall,
timber piles, timber pier and floats , and;s�o�,id,:fill
in Salem Harbor, Sheet 3 of 3 .
! 2. The retaining wall and the sh"t piling bul'? e'a Shall
have weep holes at four foot centers near thebas�4*T' 't��i
structures .
3. No material or equipment shall remain seaward "of ,lhe
bulkhead or the retaining wall following construction.
4. All fill shall be granular as noted in submitted plans ,
5. Plans. shall be amended to define the elevation datum;
this shall be done prior to the start of construction and a
copy shall be sent to the Commission and to the Departinent of
nVironmental Quality Engineering, Division of Wetlands, 209 New Boston
Street, Woburn, MA. 01801.
-3-
1
ORDERS OF CONDITIONS -continued
The applicant, any person aggrieved by this order, any owner
of land abutting the land upon which the proposed work is to be
done, or any ten residents of the city or town in which such land
is located, are hereby notified of their right to appeal this order
to the Department of Environmental Quality Engineering provided the
request is made in-writing and by certified mail to the Department
. within ten (10) days from the issuance of this order.
ISSUED BY G
On this 3 I day of 19e before me personally
a eeeda, td me
k'nowri„'id ba, the person described in, and who executed, the foregoing
instand acknowledged that he executed the same as his free act
lan� dbec�'', v+v `3
1 •1 ; .1
10
My Commission expires��/��
DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO
COMMENCEMENT OF WORK.
TO _ (Issuing Authority)
PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT
FILE NUMBER HAS BEEN RECORDED AT THE REGISTRY OF
ON (DATE)
If recorded land, the instrument number which identifies this trans-
action is _
If registered land, the document number which identifies this trans-
action is
Signed
Applicant
-4-
w�-
� �l
0 .� Q
22 vyiccoW AUENve Thursday,March 07, 2002
SA4L V& xM Oi97O
Dear Mr. St. Pierre:
Thank you very much for inspecting units 2 and 3 at 22 Willow Avenue.
Although I was certain that unit 2 had been in compliance with Salem zoning
ordinances, I was hopeful that unit 3 had been as well. I am pleased that you
have confirmed my first impression; I have already taken steps to bring unit 3
into compliance. Within a few weeks,the business operating in unit 3 will
consume less than 25%of the space in this unit,therefore meeting the
requirement in Sec. 5-3, (b), (1), c of the zoning ordinance. Upon meeting this
requirement, I shall ask you to reexamine the unit,just to verify that it satisfies
the requirement. Then, I hope, for my peace of mind,that you will write me a
letter confirming compliance.
I have been mindful of my neighbors in conducting business. There are no
signs, all business mail is delivered to a post office box, and I always consult
with clients off-premises. In the rare event(twice a year, perhaps)that out-of-
town clients visit me in Salem,I secure a conference room at the Hawthorne
Hotel. This has been my habit for years and the folks at the Hawthorne Hotel
have been most accommodating. I have attempted to be a good neighbor and
law-abiding citizen.
Thank you for informing me of the regulations and in helping me come into
compliance with Salem law.
Yours truly, I