35 WINTER ISLAND ROAD - BUILDING INSPECTION I 35 WINTER ISLAND ROAD
i
ITS CERTIFI,CA E OF OCCUPANCY
3v CITY OF SALEM Issued. ` Permit M:GG 4"
SALEM, MASSACHUSETTS 01970
Cit of Salem Building Dept.
rnNa (,E4-1 97
DATE WOVEMBER :LB 19 -)7 PERMIT NO.
M h1 F1 V] 9
SALE
ADDRESS (CONTR'S LICENSE)
APPLICANT Na) (STREET)
STATE_ZIP CODE TEL.NO.
CITY
NUMBEROF ]
ADDITION NT ( NO) STORV (")Iqr FAMILY DWELLING UNITS
PERMITTO (TYPE OFIMPROVEME ) (PROPOSED USE)
ZONING IR,(
Ij1IZI, ;J WTN`fl-_R ISLAND ROAD DISTRICT—
LI-L-AT(LOCATION) -
(NO.1 (STREETI
AND (CROSSSTREET)
BETWEEN (CROSS STREET)
MAP 44 LOT O'Z"-:B BLOCK 3¢E 0012500 SO. F.1.
SUBDIVISION
Ff.WIDE BV Fr.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
BUILDING IS TO BE -
TOTYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE)
REMARKS:
PERMIT F[DR AD1:1:I`1'IUN AND PENCIVA'I'101\15; AS
QQ )ill y QR�!QI PERMIT @@
AREA OR ESTIMATED COST N FEE W
VOLUME (CUSCISOUARE FEET)
C 0 PIaH]:CI-1 (RICHARD BUILDING DEPT.
OWNER ,SfdLE I� 111AQI],9710 BY—
ADDRESS
V L. F_. T
ADDRESS
S
of "'5ttlPm, ttssttrljusPffs
3
Puara of A*& 3 28 Ph '98
CITY or SALEM. MASS
Cl fRK'S OFFICF
DECISION OF THE PETITION OF RICHARD_PABICH-REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED ATS WINTER ISLAND ROAD 01
A hearing on this petition was held June 17, 1998 with the following Board
members present: Nina Cohen, Paul Valaskagis, Michael Ward, Ronald Harrison
and Richard Dionne. 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 requests a Variance to locate garage in front yard, Variance to
locate garage nearer than 10 feet to principal structure and Variance from
side setback of 5 feet 'for the property located at 35 Winter Island Road.
The Variance which has 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 land, buildings, or structures in the same district.
2. Literal enforcement of the Drovisions 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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Petitioner sought three variances from density requirements in order to
reconstruct a dilapidatedara a that has been located in his front
g g
yard.
2 . The variances needed were; front yard setback requirement, variance from
minimum distance between buildings on lot and side yard setback
requirement.
3. There was no objections to the proposed variances.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION OF THE PETITION OF RICHARD PABICH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 35 WINTER ISLAND ROAD R-1
page two
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke and
safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
6. Exterior finishes of the new construction shall be in harmony with
existing structure.
Variance Granted
June 17, 1998
Nina Cohen, Chairman
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
of 3ttlem, fttssar4usetts
Public Propertg Department
Nuilbing Department
(One 6nlem (5reen
500-7.0-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer May 13 1996
,
Mark Harrington
35 Winter Island Road
Salem, Mass . 01970
RE : 35 Winter Island Road
Dear Mr . Harrington:
Thank you very much for your response to the letter
dated on April 11 , 1996 regarding the above mentioned
property. An inspection was conducted and found all
violations corrected.
This office will notify all the appropriate
departments and the Ward Councillor that this situation
has been brought to a satisfactory conclusion .
Sincerely,
Leo E . Tremblay
Inspector of Building
LET: scm
cc: David Shea
Jane Guy
Councillor Paskowski , Ward 1
r
of iihlem, Massar4usetts
Public Propertp Department
+Nuilbing Department
(One *idem (6reen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer April 11 , 1996
Mark Harrington
35 Winter Island Road
Salem, Mass . 01970
RE : 35 Winter Island Road
Dear Mr. Harrington:
This office received a complaint April 9 , 1996
concerning the above mentioned property. On Wednesday,
April 10 , 1996 , I conducted an inspection of the premises
with your assistant and the following violations were
discussed:
J1 . Plumber will apply for required permits .
J2 . Owner will apply for building permit for the
installation of windows , siding and for replacement of
kitchen cabinets .
J3 . The fence at property boundary shall not exceed six
( 6) foot height per City of Salem density requirements
J4 . Plot plan must be submitted when pulling permit for
fence, to determine location.
J5 . Repairs to roof structure.
J6 . If a wood burning stove exist, proper building permits
must be issued.
Please contact this office when all of these
violations have been corrected so a final inspection can
be conducted .
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
�
14
Leo E . Tremblay
Inspector of Builings
LET: scm
cc: Councillor Paskowski , Ward 1
McNaught, Morianty & McNaught
Councillors at Law
6 Eastman Place
Melrose, Mass 02176
_ Att: Edward M. Moriarty Jr .
Certified Mail # P 921 991 904
MCNAUGHT, MORIARTY & McNAUGHT
COUNSELLORS AT LAW
6 EASTMAN PLACE
MELROSE. MASSACHUSETTS 02176
TELEPHONE(617)662-0291
TELECOPIER(617)6624239
A PROFESSIONAL CORPORATION JAMES L. O'BRIEN
JOHN J. MCNAUGHT(1921-1994 RALPH N. CECERE
JOHN J. MCNAUGHT, JR. OF COUNSEL DAVID G. SHAY
EDWARD M.MORIARTY,JR. ALAN H. DAVIS STEPHEN R. MCNAUGHT
GERARD W. MCNAUGHT MARYBETH GUTHRO
CAROLYN DESPIRITO' PAUL T. FISHER
' ALSO ADMIT'T'ED IN O187`11 r OF OOLV IA SHAWN F. MULLEN O
O ALSO ADWD IN NOW HAMPSHIRE
April 8, 1996
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Leo Tremblay
Building Inspector
City of Salem
City Hall
One Salem Green
Salem, Massachusetts
Re: Notice of and Complaint Regarding Building and/or Zoning
and/or Plumbing Violations at 35 Winter Island Road, Salem
Dear Mr. Tremblay:
I, Attorney Edward M. Moriarty, Jr. , am the co-owner of the
property and premises at 29 Winter Island Road, Salem,
Massachusetts. My property is abutted on the Baker Island side of
Winter Island, by 35 Winter Island Road, owned and/or occupied by
one Mark Harrington.
On or about March 26, 1996, a fence in excess of 6 feet was
erected on 35 Winter Island Road, abutting a portion of my property
at 29 Winter Island Road. Upon information and belief, the fence
is, at relevant points, not only in excess of 6 feet, but
approximately 7 feet tall, in violation of the Salem Zoning
Ordinance. (See Article VI, Section 6-1 (b.) (5) and applicable
Residential Density Regulations, Table 1, for the residential
zoning district in controversy. )
Said fence is not only excessive in height, but also
constructed with the rough side or post side of the fence facing my
premises, not 35 Winter Island Road, in violation of said Zoning
Ordinance, and/or the State Building Code and/or G. L. C. 49 Section
21.
Demand is respectfully made herewith, in accordance with all
applicable laws, (including, but not limited to, General Law,
Chapter 40A, and the Salem Zoning Ordinance, Article IX, Section 9-
2 (a-c) ) , for an investigation into said violations of all zoning
Mr. Leo Tremblay, Building Inspector 2
City of Salem
and/or building laws and/or General Laws regulating the location,
design, placement and/or height of the fence above-referenced.
Please be further advised of additional building, zoning
and/or plumbing violations at the premises at 35 Winter Island
Road, all on information and belief, in violation of the Salem
Zoning Ordinance and/or State Building Code.
On information and belief, the owner or occupants p of the
premises at 35 Winter Island Road, without a building Permit, have
replaced most of the exterior windows of said premises, in
violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a building Permit, have
either replaced or substantially repaired the roof of said
premises, in violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a building permit, are
repairing the roof of the detached garage, in violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a building permit, have
repaired or replaced many wooden exterior shingles of the premises,
in violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a permit, have also
engaged in substantial repairs and/or replacement of plumbing
elements of the premises, including possible hook-ups for a washing
machine and/or clothes dryer and/or vent pipe, in violation of law.
In regard to these alleged building and/or plumbing code
violations, the Building Department's attention is respectfully
directed to the exterior of the premises at 35 Winter Island Road,
which indicates to plain view public observation, the substantial
new, non-permitted, construction work complained of, including: new
exterior windows; new roofing; new wooden shingles; and a new vent
pipe, vinyl in composition, protruding from the first floor of the
premises and extending up to and above the second floor roof line
of said premises.
Recent receipt of a very large shipment of wood, at 35 Winter
Island Road, also suggests the presence of a wood-burning stove,
neither licensed nor inspected by the Building Department.
Demand is, therefore, respectfully made herewith that the
premises at 35 Winter Island Road be brought into compliance not
only with the Salem Zoning Ordinance, but with all applicable State
and/or local building and/or plumbing and/or fire codes relative to
new fences, exterior windows, roofs, exterior wooden shingles,
Mr. Leo Tremblay, Building Inspector 3
City of Salem
wood-burning stoves, plumbing and/or plumbing and ventilation
systems.
In accordance with applicable law, including the Salem Zoning
Ordinance, (Article IX, Section 9-1 and 9-2) , please promptly
investigate all of these allegations of violations of law and
provide a timely written response thereto. Moreover, if I can
provide you with any additional information in connection with the
multiple complaints set forth herein, please do not hesitate to
contact me.
Thank you for your time and consideration.
Very truly yours,
McNAUGHT, MORIARTY & McNAUGHT
Edward/ M.�Moriarty J Jr
EMM:njr \_
I
ARTICLE
P 921 991 904
u"e i. 4 Mark Harrington NUMBER
35 Winter Island Road
Salem, Mass. 01470
I
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INSERT IN STANDARD#10 WINDOWENVELOPE. , cE a T I F E D
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1� 1 5 R NUE COVERAGE PROVIDED- w 6
�. SENT TO; _ NOT FOR INTERNATION�InFjAL MAIL LLOa
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Mark Harrington
35 Winter Island. Ruad � c
�. Salem, Maes. 01970 xo
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United States Postal Service
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Official
Official Business Jy PMI 3
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PENALTY FOR PRIVATE
USE,$300
Illumrlll�lulurllluurl�rlur�ulrlr�ullrull
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
Titg of iftlem, massar4usetts
Public Propertg Department
Nuilbing Department
(9ne #stem (6reen
509-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer April 11 , 1996
Mark Harrington
35 Winter Island Road
Salem, Mass . 01970
RE : 35 Winter Island Road
Dear Mr . Harrington:
This office received a complaint April 9 , 1996
concerning the above mentioned property. On Wednesday,
April 10 , 1996 , I conducted an inspection of the premises
with your assistant and the following violations were
discussed:
1 . Plumber will apply for required permits .
2 . Owner will apply for building permit for the
installation of windows , siding and for replacement of
kitchen cabinets .
3 . The fence at property boundary shall not exceed six
( 6 ) foot height per City of Salem density requirements
4 . Plot plan must be submitted when pulling permit for
fence, to determine location.
5 . Repairs to roof structure.
6 . If a wood burning stove exist, proper building permits
must be issued .
Please contact this office when all of these
violations have been corrected so a final inspection can
be conducted.
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
i'
Leo E . Tremblay
Inspector of BuilIngs
LET: scm
CC : Councillor Paskowski , Ward 1
McNaught, Morianty & McNaught
Councillors at Law
6 Eastman Place
Melrose , Mass 02176
_ Att : Edward M. Moriarty Jr.
Certified Mail ;: P 921 991 904
MCNAUGHT, MORIARTY & MCNAUGHT
COUNSELLORS AT LAW
6 EASTMAN PLACE
MELROSE.MASSACHUSETTS 02176
TELEPHONE 16171 662-0291
TELECOPIER 16171 6624239
A PROPMSSIONAL CORPORATION JAMES L. O'BRIEN
JOHN J. MCNAUGHT(1921-1994) RALPH N. CECERE
JOHN J. MCNAUGHT,JR. OF COUNSEL DAVID G. SHAY
EDWARD M. MORIARTY,JR. ALAN H. DAVIS STEPHEN R. MCNAUGHT
GERARD W. MCNAUGHT MARYBETH GUTHRO
CAROLYN DESPIRITO' PAUL T. FISHER
wrao ADMTT M rN Dmrc or COLUm M SHAWN F. MULLEN 0
O Ar90 ADtl DMN&W NAY SMR
April 8 , 1996
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Leo Tremblay
Building Inspector
City of Salem
City Hall
One Salem Green
Salem, Massachusetts
Re: Notice of and Complaint Regarding Building and/or Zoning
and/or Plumbing Violations at 35 Winter Island Road, Salem
Dear Mr. Tremblay:
I, Attorney Edward M. Moriarty, Jr. , am the co-owner of the
property and premises at 29 Winter Island Road, Salem,
Massachusetts. My property is abutted on the Baker Island side of
Winter Island, by 35 Winter Island Road, owned and/or occupied by
one Mark Harrington.
On or about March 26, 1996, a fence in excess of 6 feet was
erected on 35 Winter Island Road, abutting a portion of my property
at 29 Winter Island Road. Upon information and belief, the fence
is, at relevant points, not only in excess of 6 feet, but
approximately 7 feet tall, in violation of the Salem Zoning
Ordinance. (See Article VI, Section 6-1 (b) (5) and applicable
Residential Density Regulations, Table 1, for the residential
zoning district in controversy. )
Said fence is not only excessive in height, but also
constructed with the rough side or post side of the fence facing my
Premises, not 35 Winter Island Road, in violation of said Zoning
Ordinance, and/or the State Building Code and/or G.L. C. 49 Section
21.
Demand is respectfully made herewith, in accordance with all
applicable laws, (including, but not limited to, General Law,
Chapter 40A, and the Salem Zoning Ordinance, Article IX, Section 9-
2 (a-c) ) , for an investigation into said violations of all zoning
Mr. Leo Tremblay, Building Inspector 2
City of
Salem
and/or building laws and/or General Laws regulating the location,
design, placement and/or height of the fence above-referenced.
Please be further advised of additional building, zoning
and/or plumbing violations at the premises at 35 Winter Island
Road, all on information and belief, in violation of
the Salem
Zoning Ordinance and/or State Building Code.
On information and belief, the owner or occupants of the
premises at 35 Winter Island Road, without a building permit, have
replaced most of the exterior windows of said premises, in
violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a building permit, have
either replaced or substantially repaired the roof of said
premises, in violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a building permit, are
repairing the roof of the detached garage, in violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a building permit, have
repaired or replaced many wooden exterior shingles of the premises
in violation of law.
On information and belief, the owners or occupants of the
premises at 35 Winter Island Road, without a permit, have also
engaged in substantial repairs and/or replacement of plumbing
elements of the premises, including possible hook-ups for a washing
machine and/or clothes dryer and/or vent pipe, in violation of law.
In regard to these alleged building and/or plumbing code
violations, the Building Department's attention is respectfully
directed to the exterior of the premises at 35 Winter Island Road,
which indicates to plain view public observation the substantial
i
new, non-permitted, construction work complained of, including: new
exterior windows; new roofing; new wooden shingles; and a new vent
pipe, vinyl in composition, protruding from the first floor of the
premises and extending up to and above the second floor roof line
of saidP remises.
Recent receipt of a very large shipment of wood at 35 Winter
r
Island Road, also suggests the presence of a wood-burning stove
neither licensed nor inspected by the Building' Department.
Demand is, therefore, respectfully made herewith that the
premises at 35 Winter Island Road be brought into compliance not
only with the Salem Zoning Ordinance, but with all applicable State
and/or local building and/or plumbing and/or fire codes relative to
new fences, exterior windows, roofs, exterior wooden shingles,
Mr. Leo Tremblay, Building Inspector 3
City of Salem
wood-burning stoves, plumbing and/or plumbing and ventilation
systems.
In accordance with applicable law, including the Salem Zoning
Ordinance, (Article IX, Section 9-1 and 9-2) , please promptly
investigate all of these allegations of violations of law and
provide a timely written response thereto. Moreover, if I can
provide you with any additional information in connection with the
multiple complaints set forth herein, please do not hesitate to
contact me.
Thank you for your time and consideration.
Very truly yours,
McNAUGHT, MORIARTY & McNAUGHT
Edward M. Moriarty Jr
EMM:njr