12 WOODBURY COURT - BUILDING INSPECTION No. 153L-2
HASTINGS, MN
LOS ANGELES-CHICAGO-LOGAN.ON
MCGREGOR,TX-LOCUST GROVE.GA
U.S.A.
GLORAL ASSOCIATES
Registerd Land Surveyor R stered Professional Engineer
9 Broadway Wakefield, MA 01 T:(781)246-9345 Fax: (781)246-4333
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Salem, Mass .
Prepared For
Wayne Scott
8/14/01 20' 8/14/01
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R CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3RD FLOOR
TEL: 978-745-9595
FAX: 978-740-9846
HIMBERLEY DRISCOLL
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
October 3, 2017
Woodbury Realty Trust
Ronald D .Paul
5 Essex Green Drive-Unit#31
Peabody, Massachusetts 01960
Re: Woodbury court Ordinance Letter
i
Dear Trustee
This is a follow up letter regarding an illegal structure(shed) at your property at 12 Woodbury Court
in Salem. A letter was sent out on September 14 2017 and in the letter it explained that the shed
needed to be removed in seven days. It has now been 19 days and the shed is still in the same
location. Enclosed is a fine for not complying with the City of Salem Zoning Ordinance.
Please note that you will be fined every 3 days until you comply with the Zoning Ordinance
and remove the shed
Stephen Cummings
Assistant Building Inspector
CITY OF SALEM
MONTH DAY YEAR TIME CONTROL NO.
LOCATION
L i 2` e.9 L.-,lz- '—
NAMEOFOFFENDER
LVQ r : •yfZtlS
ADDRESS STATE ZIP
J e3sgv v2,E�ts 17Y„
1 hereby acknowledge receipt of the foregoing citation - r
X Date:
[ ]Unable to obtain signatureofoffender pQ Date Mailed�2, )i
[ ]Posting Advertisements,Notices on City Property
S004-2
[ I Illegal Signs I I Violation of Slate Building Code
SCO 4-39 and 4-47 SCO 12-1
[ ]Removal of Unsightly Conditions [ I Violation of BOCA Nat.Fire Prev.Code N)
SCO 12-56 SCO 20-111
[ I Keeping of Trailers,Comm.and Rep.Vehicles,etc.
SCO 24-21.1 N
[ ]Removal of Snow/Ice from Sidewalks Cn
SCO 38-13 and 38-14
[ ]Zoning Ordinance
SZO§ rl 7
[ ]Other Citation:
Signature of Enforcing Person
Department •J�" y' T
F Amount of Fine: [ ]Warning [ ]$25.00 $50.00
[ ]$100.00 [ ]$200.00 [ ]$300.00 [ ]Other
You have the following alternatives in this matter within 21 days of the date of
this notice:
I ] choose to pay the fine within 21 days of the date of this notice.
Enclose a check or money order payable to the City of Salem and return it in this envelope
or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem,
MA 01970. If delivering in hand,please note the hours of City Hall operation;Monday
through Wednesdaytrom 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and
Friday from 8:00 a.m.to 12:00 p.m.
[ ]choose to contest this matter within 21 days of the date of this notice and request in writing
a noncriminal hearing.
Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65
Washington Street,Salem,MA 01970.The Court will schedule a hearing.
FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL
RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL
COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF
SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED,
INCLUDING BUILDING PERMITS.
City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970
(978)745-9595,ext.5610.
SEE OTHER SIDE FOR FURTHER INSTRUCTIONS
ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3'D FLOOR
TEL: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
September 14, 2017
Woodbury Realty Trust
Ronald D .Paul
5 Essex Green Drive-Unit#31
Peabody, Massachusetts 01960
Re: Woodbury court Ordinance Letter
Dear Trustee
This is a follow up letter regarding an illegal structure(shed) at your property at 12 Woodbury Street
in Salem. A letter was sent out on August 8 2017 and was responded to by you or your tenant.
When responding to the letter we were told the shed would be removed. It has now been more than
thirty days and the shed has still not been removed. If the shed is not remove with in seven
days from receiving this letter we will be forced to begin fining you for not complying with
the city of Salem Zoning Ordinance.
t
Stephen Cummings
Assistant Building Inspector
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3RDFLOOR
TEL: 978-745-9595
KIMBERLEY DRISCOLL FAX: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
7016 1370 0000 6244 7334
August 8,2017
Woodbury Realty Trust
Ronald D.Paul -Trustee
5 Essex Green Drive—Unit#31
Peabody, Massachusetts 01960
RE: 12 Woodbury Court Ordinance Violation
Mr. Paul,
Our office received a complaint regarding an accessory structure(shed)on your property located at 12
Woodbury Court. The complaint was investigated on Friday, August 4,2017 and your property was
found to be in violation of both the Massachusetts State Building Code and the City of Salem Zoning
Ordinance.
This Department has no record of a required building permit for the illegally located shed at the front of
your property. The aforementioned shed also is in conflict with City of Salem Zoning setbacks, as it is
located within your properties front yard setback. (See 3.2.4 Accessory Buildings and Structures below)
3.2.4 Accessory Buildings and Structures. Accessory buildings and structures, such as garages and tool sheds,shall be
allowed subject to the following regulations:
1. No accessory building or structure shall be located within any required front yard or within any side yard of a corner.
lot.
2. No accessory building or structure shall be located nearer than ten (10)feet to the principal building, unless such
accessory building or structure is attached to the principal building.
3. No unattached accessory building or structure shall be located nearer than five(5)feet to any side lot line (side lots
in this instance refer to a projected line starting from the front lot line, terminating at the rear lot line parallel five(5)
feet from the side or five(5)feet from the rear lot line. The building area of such building or structure, excluding
garages, shall not exceed one (])percent of the lot area or one hundred twenty(120)square feet, whichever is greater,
and shall not be located closer than ten (10)feet to any other building on the same lot or any abutting lot.
4. Accessory structures and garages shall not exceed one-half(1.5)stories or eighteen (18)feet in height.
CITY OF SALEM,
BUILDING DEPARTMENT
120 WASHINGTON STREET, 31iD FLOOR
TEL: 978-745-9595
KIMBERLEY DRISCOLL FAX: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
You are hereby directed to contact this office immediately upon receipt of this letter. Failure to secure
any and all permits and/or remove the accessory structure shall result in Municipal Code tickets and
further enforcement actions. If you feel you are aggrieved by my zoning interpretation, your Appeal is to
the Salem Zoning Board of Appeals.
If you have any further questions regarding this letter,please call this office at(978) 619-5641
Thomas.$t. Pierre t
Building CommiWsioner Zoning Enforcement Officer
Cc: file
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GLORAL ASSOCIATES
Registerd Land Surveyor R stered Professional Engineer
9 Broadway Wakefield, MA 01 T:(781)246-9345 Fax: (781)246-4333
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Salem, Mass.
Prepared For
Wayne Scott
8/14/01 20' 8/14/01
Signature
Date Scale 1 - Date
CITY OF SALEM, MASSACHUSETTS
4 I BUILDING DEPARTMENT
120 WASHINGTON STREET,3""FLOOR
'scrn, TSL. (978) 745-9595
FAx(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS STYIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
September 27, 2012
Leach Street L.L.C.
Mark DeNisco-Trustee
13 Lynch Street
Peabody Ma. 01960
RE: Stop Work Order
Dear Mr. DeNisco, ;
This Department issued permit# 187-13 for construction of a two family home located at 12
Woodbury Court.
At this time, due to some outstanding environmental requirements, we are issuing a"Stop Work
Order" for this permit. No construction is to begin without this "Order"being lifted in writing by
this office. If you have any questions ,please contact me directly.
Sincerely,
Thomas St.Pierre
Buildirig'Commissioner/Zoning Officer
1
-+CUSHING, JAMMALLO & WHEELERS INC.
File: 5566 February 28, 2013
Mayor's Office
Salem City Hall
93 Washington Street
Salem, MA 01970
RE: Release Abatement Measure Completion
Residential Lot Property
12 Woodbury Court
Salem, Massachusetts
MA DEP RTN: 3-21495
To Whom It May Concern:
In accordance with the requirements of 310 CMR 40.1403(3)(f), Cushing, Jammallo & Wheeler,
Inc., (CJW) on behalf of Leach Street LLC, is notifying your office that a Release Abatement
Measure (RAM) Completion Report has been submitted to the Massachusetts Department of
Environmental Protection (MA DEP) for the above-referenced property. The property has been
listed by the MA DEP as Release Tracking Number 3-21495. A copy of the RAM Completion
Report may be viewed at the MA DEP Northeast Regional Office located at 205B Lowell Street,
Wilmington, Massachusetts.
Should you have any questions regarding this notification, please feel free to contact the
undersigned at (978) 368-6320.
Very truly yours,
CUSHING, JAMMALLO & WHEELER,INC.
Gregor R. Morand
Senior roject Manager
cc: Salem Board of Health, 120 Washington Street (4"' Floor), Salem, MA 01970
'Salem Building Department, City Hall, 120 Washington Street (3rd Floor),
Salem, MA 01970, Arty Mike Lutrzykowski, Assistant Building Inspector
464 High Street 85 Constitution fit,Ste 3B4
Clinton,MA 01510 Danvers,MA 01923
TeL 978.368.6320 TeL 978 774.7224
Fa 978.368.6121 Fax 978.774.7292
RELEASE ABATEMENT MEASURE COMPLETION REPORT
12 Woodbury Court
Salem, Massachusetts
MA DEP Release Tracking Number 3-21495
Submitted Electronically Via eDEP To:
Massachusetts Department of Environmental Protection
Northeastern Regional Office
Bureau of Waste Site Cleanup
205B Lowell Street
Wilmington,MA 01778
Prepared For:
Leach Street,LLC
13 Lynch Street
Peabody, Massachusetts 01960
Prepared By:
CUSHING, JAMMALLO & WHEELER, INC.
464 HfVh Street 85 Constitution Lane,Suite 3B4
Clinton, Massachusetts 01510 Danvers,Massachusetts 01923
CJW Project No. 5566
February 28, 2013
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Salem, MA 01970
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12 WOODBURY COURT 187-13
GIs#: 5836 COMMONWEALTH OF MASSACHUSETTS
Map: 36
Block. CITY OF SALEM
Lot: 0001
Category: New(2)Family Home
Permit# 187-13�'!, - BUILDING PERMIT
Project# JS-2013-'000893
Est. Cost: $100,000.00
Fee Charged $700.00'
Balance Due: $ 00 PERMISSION IS HEREBY GRANTED TO:
Const Class: Contractor: License: Expires:
Use Group: ,Mark Denisco CONSTRUCTIO SUPERVISOR-050519
Lot Size(sq. ft.). 9574.0524
Zoning: R2 Owner: Leach St LLC
Units Gained: Applicant: Mark Denisco
Units Lost: AT: 12 WOODBURY COURT
Dig Safe#: '
ISSUED ON. 30-Aug-2012 AMENDED ON. EXPIRES ON. 30-Jan-2013
TO PERFORM THE FOLLOWING WORK.
CONSTRUCT A(TWO FAMILY HOME)jbh
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Buildin¢
Dnderground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
1
Final: Final: Final' Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Treasury:
Water: Alarm: Assessor
Sewer: Sprinklers: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: CheckNo: Amount:
l�. BUILDING IZEC-2013-000950 30-Aug-12 1094 $700.00
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of Arttiem, m assac4usetts
Public Propertg Department
3uilbing Department
(One 13alem (Sreen
509-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer March 25, 1997
Noeila M. McIntosh
12 Woodbury Court
Salem, Mass. 01970
RE: 12 Woodbury Court
Dear Mrs . McIntosh:
Due to a complaint received by the Neighborhood Improvement Task Force, I
conducted an inspection and found the following violations:
1 . Trailer and debris inside of trailer must be removed from street.
2. Clean all debris from yard and sidewalk.
3. Complete construction of porch, and apply for proper permits.
4 . Remove boat from yard.
5. Chimney at roof top needs to be repointed.
6. Exterior siding must be re-secured and repaired.
7. Stairs to entrance must be make to conform to state codes, and rails
added for safety.
Please notify this department within fifteen ( 15) dans upon receipt of
this letter, to inform us as to what course of action you will take to rectify
these violation. Failure to do so will result in legal action being taken
against you.
Thank you for your anticipated cooperation regarding this matter.
Sincerely,—
Leo
incere —Leo E. Tremblay
Inspector of Buildings
LET: scm
cc: Jane Guy
Councillor Flynn, Ward 2
1 CITY OF SALEM
NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction
Hist. Comm. Yes ❑ !�
REFERRAL FORM Cons. Comm. YeS C
SRA Yes a
Date: „�Z, q lq i7
Address:
Complaint: c�F 2 i c iuc�d� Tsri�✓ucZ1 n cagr�/ s—
lr�/oc �in�7 ;r✓�cy�� /K
/Y7 r/7Q� OsC _��iPr
Compiainant•. �//9 4e Phone#:
Address of Compiainant-. ZzJf�Gw
7 Si,
BUILDING INSPECTOR KEVIN HARVEY
FIRE PREVENTION FT FCTRTCAT, DEPARTMENT
HEALTH DEPARTMENT ( CITY SOT.ICTTOR
ANIMAL CONTROL I SAI,FM HOUSING AUTHORITY
PLANNING DEPARTMENT I POT TCF D PARTNIENT
TRFASURE?JCQT j FCTOR ASSESSOR
WARD COUNCILLOR ME
SHADE TREE DAN GEARY
PLEASE CHECK THE ABOVE REFERENCED jCOMPLAINT AND RESPOND TO DAVE
WITHIN Q. jM WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
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Public Propertq Department
Duilbing Department
(One *idem (6reen /
508-745-9595 fxxt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 8, 1994
Noella McIntosh
12 Woodbury Court
Salem, MA 01983
RE: 12 Woodbury Court, Salem, MA 01970
Dear Ms. McIntosh:
In response to complaints received regarding the above referenced
property an inspection was conducted and the following violations have been
noted:
1. Unfinished work at porch area.
2. Work being performed without proper permit.
3. Missing siding exposing sill at right hand side of house.
4. Debris in yard.
5. Weeds and uncut grass.
You are requested to contact this office upon receipt of this notice so
as to inform us of your intentions to correct said violations. Failure to
comply will result in the appropriate legal action being taken.
I thank you in advance for your anticipated cooperation and prompt
attention in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
Zoning Enforcement Officer
LET:bms
cc: David Shea
Councillor Harvey, Ward 2
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Tity of #alem, massac4usetts
Public Property Department
Nuilbing Department
(One ftlem Mrren
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 8, 1994
Noella McIntosh
12 Woodbury Court
Salem, MA 01983
RE: 12 Woodbury Court, Salem, MA 01970
Dear Ms. McIntosh:
In response to complaints received regarding the above referenced
property an inspection was conducted and the following violations have been
noted:
1. Unfinished work at porch area.
2. Work being performed without proper permit.
3. Missing siding exposing sill at right hand side of house.
4. Debris in yard.
5. Weeds and uncut grass.
You are requested to contact this office upon receipt of this notice so
as to inform us of your intentions to correct said violations. Failure to
comply will result in the appropriate legal action being taken.
I thank you in advance for your anticipated cooperation and prompt
attention in this matter.
Sincerely,
Leo E. Tremblay
T
nspector of Buildings
Zoning Enforcement Officer
LET:bms
cc: David Shea
Councillor Harvey, Ward 2
\tskvltn\
. MINTA CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
( SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
�+ FAX: 978-740-9846
KIMBERLEY DR15COLL 700q JUL 28 P 3: 45
MAYOR
Fi!-F r
CITY
July 28, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of WOODBURY CT. TRUST,seeking Variances from required side and
front yard setbacks, minimum lot area, and minimum lot area per dwelling unit, to
allow for the construction of a two-family house on the property at 12 WOODBURY
COURT, Salem,MA,in the Residential Two-Family Zoning District(R-2).
Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §6-4,Table I:
Residential Density Regulations.
Statements of fact:
1. The petitioner,Wayne Silva, represented himself at the hearing.
2. In a petition dated June 22,2009,the petitioner requested Variances from required
side and front yard setbacks, minimum lot area,and lot area per dwelling unit,to
allow for the construction of a two-family house on the property at 12 Woodbury
Court.
3. A public hearing on the above mentioned Petition was opened On July 15, 2009,
pursuant to Mass General Law Ch. 40A,% 11. The pubic hearing was closed on
July 15,2009,with the following Zoning Board of Appeals members present: Robin
Stein (Chair),Richard Dionne,Beth Debski,Annie Harris,Bonnie Belair(alternate),
and JimmyTsitsinos (alternate).
4. One resident submitted a letter of support for the project because she felt it would
enhance the neighborhood.
5. Two residents spoke at the meeting,stating that concerns they had previously about
the design of the project and access to parking had been addressed by Mr. Silva
when they met with him prior to the hearing. They submitted to the Board a copy of
a letter they wrote to Mr. Silva detailing their concerns. At the hearing,Mr. Silva
agreed to incorporate the requests,with Board modifications,as conditions of
approval.
6. At its meeting on July 15,2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant Variances under§6-4, Table I: Residential Density
Regulations.
2
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted,makes the following
findings:
1. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance.
2. Special conditions and circumstances exist affecting the parcel or building, which
do not generally affect other land or buildings in the same district.
3. The applicant may vary the terms of the Residential Two-FamilyDistrict to
construct the proposed development,which is consistent with the intent and
purpose of the City of Salem Zoning Ordinance.
4. In pemritting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to,the Plans,Documents and testimony,the Zoning Board of
Appeals concludes:
1. To allow for the redevelopment of the property as proposed,the requested
Variances from dimensional requirements for structures in the Residential Two-
Family zone is granted.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Stein,
Harris,Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for
Variances subject to the following terms, conditions, and safeguards:
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 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. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
3
8. Exterior of the new structure shall be wood or wood composite clapboard, but in
any case not vinyl.
9. Shutters shall be placed around all windows,where possible.
10. Decorative details shall be added to doorways.
11. Two (2) windows shall be added to the front of the house, and two (2) to the rear
for a total of four(4) additional windows.
12. Six over six lattice windows shall be used.
13. Applicant shall provide a permanent easement of 10 feet in width to the neighbors at
10 Woodbury Court that will allow access to proposed parking area from the street
adjacent to where the present shed at 10 Woodbury Court is located as shown on
the plans submitted..
Robin Stem,XChair
h /
Salem Zoning 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.
oN�nlr�. CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
T' 120 WASHINGTON STREET, 3RD FLOOR
3 ( SALEM, MASSACHUSETTS 01970
�?r( TELEPHONE: 978-745-9595
FAX: 978-740-9846 1009 JUL 28 P 3: 45
KIMBERLEY DRISCOLL
MAYOR
CITY
July 28,2009
Decision
City of Salem Zoning Board of Appeals
Petition of WOODBURY CT. TRUST, seeking Variances from required side and
front yard setbacks, minimum lot area,and minimum lot area per dwelling unit, to
allow for the construction of a two-family house on the property at 12 WOODBURY
COURT, Salem,MA, in the Residential Two-Family Zoning District(R-2).
Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §64, Table I:
Residential Density Regulations.
Statements of fact:
1. The petitioner,Wayne Silva, represented himself at the hearing.
2. In a petition dated June 22, 2009,the petitioner requested Variances from required
side and front yard setbacks, minimum lot area, and lot area per dwelling unit,to
allow for the construction of a two-family house on the property at 12 Woodbury
Court.
3. A public hearing on the above mentioned Petition was opened on July 15,2009,
pursuant to Mass General Law Ch. 40A, % 11. The pubic hearing was closed on
July 15,2009,with the following Zoning Board of Appeals members present: Robin
Stein (Chair), Richard Dionne,Beth Debski,Annie Harris, Bonnie Belair(alternate),
and Jimmy Tsitsinos (alternate).
4. One resident submitted a letter of support for the project because she felt it would
enhance the neighborhood.
5. Two residents spoke at the meeting, stating that concerns they had previously about
the design of the project and access to parking had been addressed by Mr. Silva
when they met with him prior to the hearing. They submitted to the Board a copy of
a letter they wrote to Mr. Silva detailing their concerns. At the hearing,Mr. Silva
agreed to incorporate the requests, with Board modifications, as conditions of
approval.
6. At its meeting on July 15, 2009,the Board of Appeals voted five (5) in favor and
none (0) opposed to grant Variances under 56-4, Table I: Residential Density
_. Regulations.
2
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing,and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance.
2. Special conditions and circumstances exist affecting the parcel or building, which
do not generally affect other land or buildings in the same district.
3. The applicant mayvarythe teri s of the Residential Two-Family District to
construct the proposed development, which is consistent with the intent and
purpose of the City of Salem Zoning Ordinance.
4. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to,the Plans,Documents and testimony,the Zoning Board of
Appeals concludes:
1. To allow for the redevelopment of the property as proposed,the requested
Variances from dimensional requirements for structures in the Residential Two-
Family zone is granted.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Stein,
Hams,Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for
Variances subject to the following terms, conditions,and safeguards:
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 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. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
- • jurisdiction including, but not limited to the Planning Board.
L
, 3
8. Exterior of the new structure shall be wood or wood composite clapboard, but in
any case not vinyl.
9. Shutters shall be placed around all windows, where possible.
10. Decorative details shall be added to doorways.
11. Two (2) windows shall be added to the front of the house, and two (2) to the rear
for a total of four(4) additional windows.
12. Six over six lattice windows shall be used.
13. Applicant shall provide a permanent easement of 10 feet in width to the neighbors at
10 Woodbury Court that will allow access to proposed parking area from the street
adjacent to where the present shed at 10 Woodbury Court is located as shown on
the plans submitted..
Robin St
Ro ur terry, Chair
Salem Zoning 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 Perrnit 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 SALEM, MASSACHUSS T
BOARD OF APPEAL F OF SALEM, SIA
120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
r�
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846 1001 OCT 25 P
STANLEY J. USOVICZ, JR. Z. 59
MAYOR
DECISION OF THE PETITION OF GARY SCOTT REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 WOODBURY COURT R-2
A hearing on this petition was held October 17, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, Nicholas Helides and
Joan Boudreau. 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.
The petitioner is requesting a Variance from relief from lot area per dwelling unit and
relief from minimum frontage to construct a duplex for the property located at 12
Woodbury Court located in an R-2 zone.
The Variances, which have been requested, may be 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
structure 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 plans, makes the following findings of fact:
1. Mr. McIntosh, the petitioner spoke in support of his request.
2. Bela Mosszi, the builder spoke on the details of construction.
3. Mr. & Mrs. Butler of 4-6 Woodbury Court spoke of the following concerns: existing on
the street parking 12 14 cars, additional unit would impact an already crowded
situation; impact on plowing of snow, the city does not presently plow the street due
to the narrowness and on street parking, an additional unit would further crown the
street, City collection of rubbish is presently difficult due to on street parking, an
additional unit will create more congestion.
1
` DECISION OF THE PETITION OF GARY SCOTT REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 WOODBURY COURT R-2
page two
4. Regina Flynn, City Council member, spoke on existing density being high with the
petition seeking to expand an already dense condition, and parking presently being
overcrowded with the petitioner seeking to expand the over crowded condition.
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 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 5-0, to grant the Variances 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 fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
7. Plans of the driveway as approved on October 17, 2001.
8. A minimum 18 foot wide driveway from the property line at Woodbury Court to the
new structure.
9. A 20-25 foot turnaround apron at the garage entrance.
Variance Granted
October 17, 2001 /�i""-'j ✓�,� fT
Nicholas Helides
Board of Appeal
DECISION OF THE PETITION OF GARY SCOTT REQUESTING A VARIANCE FOR
PROPERTY LOCATED 12 WOODBURY COURT R-2
page three
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
certificate 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
JAN-25-2002 02 :56 PM CHARLE RIVER P 578 "741 8777 P. 01
Salem Historical Commission
ONE SALEM GFEEN.SALEM,MASSACHUSET78 01070
(979)74&0685 EXT.311 FAX(8781740.0404
� 61VE OF
r D hr0 iTTOAT D LAY ORDINANCE
It is hereby certified that the Salem Historical Commission has waived the Demolition Delay
Ordinance for the proposed demolition as described below,as per the requirements set forth in
the Historic District's Act(M.61. Ch. 40C)and the Salem Historic Districts Ordinance.
Address of Property: 12 Wood ury Court
Name of Record Owner: James A McIntosh —
Description of Demolition Work Proposed:
Demolition of house.
Dated:41VO, SALFM HISTORICAL COMMISSION
gy.
All work commenced must be completed within one year From this 4ate unless otherwise
indicated.
THIS IS NOT A DEMOLITION PERMIT. Please be sure to obtain the appropriate permits from
the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing
work.
.,, CLISHING7 P,JAMMALLO & WHEELERS INC .
File: 5566 November 6, 2012
Mayor's Office
Salem City Hall
93 Washington Street
Salem, MA 01970
RE: Residential Lot Property
12 Woodbury Court
Salem, Massachusetts
MA DEP RTN: 3-21495
To Whom It May Concern:
In accordance with the requirements of 310 CMR 40.0300 and 40.1403(3.d), Cushing, Jammallo
& Wheeler, Inc., (CJW) on behalf of Mr. Mark Denisco, is notifying your office that a Revised
Release Abatement Measure (RAM) Plan have been submitted to the Massachusetts Department
of Environmental Protection (MA DEP) for the above-referenced location. The property has
been listed by the MA DEP as Release Tracking Numbers 3-21495. A copy of the RAM Plan
submittal may be viewed at the MA DEP Northeast Regional Office in Wilmington,
Massachusetts.
Should you have any questions regarding this notification, please feel free to contact me at (978)
368-6320.
Very Truly Yours,
CUSHING, JAMMALLO & WHEELER, INC.
n�
RicharJ. Cushing
Principal
cc: Salem Board of Health, 120 Washington Street (4°i Floor), Salem, MA 01970
Salem Building Department, City Hall, 120 Washington Street (3rd Floor),
Salem, MA 01970, Ann Mike Lutrzykowski, Assistant Building Inspector
MA DEP Northeast Regional Office, Bureau of Waste Site Cleanup, 205B
Lowell Street, Wilmington, MA 01778
464 High Street 85 Constitution In,Ste 3B4
Clinton,MA 01510 Danvers,MA 01923
Tel 978.368.6320 Tel. 978 774.7224
Fax 978.368.6121 , Fax 978.774.7292
MODIFIED RELEASE ABATEMENT MEASURE PLAN
12 Woodbury Court
Salem, Massachusetts
MA DEP Release Tracking Number 3.21495
Submitted Electronically Via eDEP To:
Massachusetts Department of Environmental Protection
Northeastern Regional Office
Bureau of Waste Site Cleanup
205B Lowell Street
Wilmington, MA 01778
Prepared For:
Leach Street, LLC
13 Lynch Street
Peabody, Massachusetts 01960
Prepared By:
CUSHING, JAMMALLC & WHEELER, INC.
464 HL qh Street 85 Constitution Lane,Suite 3B4
Clinton, Massachusetts 01510 Danvers, Massachusetts 01923
CJW Project No. 5566
November 6, 2012
Massachusetts Department of Environmental Protection BWSC106
Bureau of Waste Site Cleanup
RELEASE ABATEMENT MEASURE (RAM) Release Tracking Number
TRANSMITTAL FORM 3 21495-
Pursuant to 310 CMR 40.0444-0446(Subpart D)
A. SITE LOCATION:
1. SiteName/Location Aid
2. Street Address: 12 W06bBURY.CT
3. City/Town: SALEMI 7a 4. ZIP Code 019703966
5. UTM Coordinates: a. UTM N: 4710057 b. UTM E: 34451
❑✓ 6. Check here if a Tier Classification Submittal has been provided to DEP for this disposal site.
❑ a. Tier ❑ b. Tier IS ❑ c. Tier IC ❑✓ d. Tier 11
7, If a Tier I Permit has been issued, provide Permit Number:
B.THIS FORM IS BEING USED TO: (check all that apply)
1. List Submittal Date of Initial RAM Plan(if previously submitted): 9128/2012
(mm/dd/yyyy)
❑ 2. Submit an Initial Release Abatement Measure(RAM)Plan.
a. Check here if the RAM is being conducted as part of the construction of a permanent structure. If checked, you must
❑ specify what type of permanent structure is to be erected in or in the immediate vicinity of the area where the RAM is to
be conducted.
b.Specify type of permanent structure: (check all that apply) ❑ i.School ❑ ii. Residential ❑ it. Commercial
❑ iv. industrial ❑ v.Other Specify:
❑ 3. Submit a Modified RAM Plan of a previously submitted RAM Plan.
❑ 4. Submit a RAM Status Report.
5. Submit a Remedial Monitoring Report.(This report can only be submitted through eDEP,concurrent with a RAM Status
Report.)
a.Type of Report:(check one) ❑ i. Initial Report ❑ ii. Interim Report ❑ iii. Final Report
b. Number of Remedial Systems and/or Monitoring Programs:
A separate BWSC106A,RAM Remedial Monitoring Report,must be filled out for each Remedial System
and/or Monitoring Program addressed by this transmittal form.
❑ 6. Submit a RAM Completion Statement.
❑ 7. Submit a Revised RAM Completion Statement.
8. Provide Additional RTNs:
❑ a. Check here if this RAM Submittal covers additional Release Tracking Numbers (RTNs). RTNs that have been
previously linked to a Primary Tier Classified RTN do not need to be listed here. This section is intended to allow a
RAM to cover more than one unclassified RTN and not show permanent linkage to a Primary Tier Classified RTN.
b. Provide the additional Release Tracking Number(s) 11 _ 11 _
covered by this RAM Submittal.
(All sections of this transmittal form must be filled out unless otherwise noted above)
Revised. 2/16/2005 Page 1 of 6