106 BAY VIEW AVENUE - BUILDING JACKET / ObE
EIrY OF
CITY OF SALE 9 MAS
SSA CHUSETTS CLERK S e FCE A
BOAR
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 OEC
/�
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 C _2 1
MAYOR FAX: 978-740-9846 •7 ��
AMENDED
DECISION OF THE PETITION OF SCOTT PATROWICZ REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 104 AND 106 BAY VIEW AVENUE R-1
A hearing on this petition was held on November 17, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Nicholas Helides and
Edward Moriarty. 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 dimensional Variances to correct building encroachment
across a common boundary line for the property located at 104-106 Bay View Avenue
located in an R-1 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. Petitioners were represented by Attorney George Atkins, 59 Federal Street in
Salem.
2. The relocation of the boundary line one half foot to the northeast results in a
change in area of 60 square feet.
3. Gifford and Ann Scott are the owners of 106 Bay View Avenue.
4. Plans were submitted showing the encroachment.
5. There was no opposition to this petition
DECISION OF THE PETITION OF SCOTT PATROWICZ REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 104 AND 106 BAY VIEW AVENUE 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 concludes as follows
1. Special conditions exist which especially affect the subject property but not the
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 statues, ordinances, codes and
regulations.
2. Petitioner shall obtain approval from any City Boards or Commission having
Jurisdiction but not limited to the Planning Board.
Variance Granted '
November 17, 2004
Richard Dionne CSC rX
Board of Appeal )J
DECISION OF THE PETITIONOF SCOTT PATROWICZ REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 104 AND 106 BAY VIEW AVENUE R-1
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
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The Con nionwealth of Massachusetts
Board of Building Regulations and Standards Pt>R
Ml'NI(�II'.\I.I'I1 I
Massachusetts State Building Code, 7SO CMR. 7"' edition I ISE
Building Permit Application To Construct, Repair. Renovate Or Demolish a Rr ivied.ham,u r
Om'- or Tnv-Fumity Dti elling
This Section For Official Use Only
r� Building Permit Numbe . Date Applied: _
V ` Si_nalure: \ D
&tildinE Conunismioner/ Ins m of Buildings Date _—
—�
SECTION is SITE INFORMATION
1.1 Property Ad ress: n 1.2 Assessors Map & Parcel Numbers
L la Is this an accepted street? yes_ ✓ no Map Number Parcel Numher
1.3 Zoning Information: 1.4 Property Dimensions:
�oairg -- trcL F.-'oseJ Use Lot Area (sq :i) Frontage (PI)
1.5 Building Setbacks (ft)
Front Yard Side Yards Rear Yard
Required Prov;deJ Required Provided Required PruvideJ
1.6 Water Supply: (M,G.L c. 40. §54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System:
Zone: _ Outside Flood Zone?
Public❑ Private [I Zone:
if yes❑ Municipal ❑ On site dislwsal system ❑
SECTION 2: PROPERTY OWNERSHIP'
2.1 Owner'of Record:
Al.(-N P ftGsJ-�yo a f c&k&ZT 1e,6 BifY Vi -;z1J 14Vc
Name(PI,rnint) Address for Service:
$rKNtu� Sc "Y 7Sr5 s 3S
Signattuu c Telephone
SECTION 3: DESCRIPTION OF PROPOSED WORK(check all that apply)
New Construction ❑ Existing Building ❑ Owner-Occupied ❑ Repairs(s) ❑ Alteration(s) ❑ Addition ❑
Demolition ❑ Accessory Bldg. ❑ Number of Units _ Other ❑ Specily:
I/ Brief Description of Proposed Work':
SECTION 4: ESTIMATED CONSTRUCTION COSTS
Item Estimated Costs: Official Use Only
(Labor and Materials) _
I. Building $ I. Building Permit Fee: $ Indicate how tee is de(ermincd:
❑ Standard City/Town Application Fee
2. Electrical $ ❑Total Project Cost' (Item 6) x multiplier x
I
3. Plumbing S 2. Other Fees:
4. Mechanical (HVAC) $ List:
5. Mechanical (Fire $
Suppression) Total All Fees: S
Check No. Cheek Amount: Cash :\ntounc__
6. Total Project Cost: $ ✓Ott ✓ ❑ Paid ;n Full ❑ Omscmdine Balance Due:_
�OwI e �e <
SECTION 5: CONSTRUCTION SERVICES
5.1 Licensed Construction Supervisor (CSL)
License Numher Expiration Dale_.
Nana•of CSL- holder
List CSL'fypc (scc below) _
Wdress f '.e Desciii,non
L Unresuactcd (Lip to 35.000 Cu- FI.i
R Restricted I&2 Famih M%clling
S,gnuutrc M ..\lavm ry Only
R (2esidential Roolinc C_o�rnng
Telephone \\'S Rrsidrwial Window .inJ Sulmc _ - _
SF RrsiJemiat Solid Furl Bwninc \1)Ilan Ce IIInWha11-11
D Re+idenli:l Demohuon
5.2 Registered home Improvement Contractor (HIC)
I4IC Company Name or HIC Registrant Name Registralion Number --
Address
Expiration Date
Signature Telephone
SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT (M.G.L. c. 152. § 25C(6))
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure hl provide
this affidavit will result in the denial of the Issuance of the building permit.
Signed Affidavit Attached? Yes .......... O No .........- ❑
SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
1. , as Owner of the subject property hereby
authorize to act on my behalf, in all matters
relative to work authorized by this building permit application.
Si,nature of Owner Date
SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION
1, , as Owner or Authorized Agent hereby declare
that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and
behajf,�(i
Print NaXeV
Signature of Owner or Authorized Agent Date
(Signed under the pains and penalties of perjury) 7 6�
NOTES:
1. An Owner who obtains a building permit to do his/her own work, or an owner who hires an unreL_istered contractor
(not registered in the home Improvement Contractor(HIC) Program), will not have access to the arbitr:uion
program or guaranty fund under M.G.L. c. I42A. Other important information on the HIC Program and
Construction Supervisor Licensing (CSL)can be found in 730 CMR Regulations 1 10.116 and 1 10.R5, respec(ively.
_'. When substantial work is planned, provide the information below:
Total floors area(Sq. Ft.) (including garage, finished base rnent/atticp, decks or porch,
I Gross living area ISq. Ft.) Habitable room count _
Number of fireplaces _._ Number of bedrooms
Number of bathrooms Number of half7bulhs
'type of heating system Number of decks/ porches
Type of cooling system Enclosed Open
3. "Total Project Square Footage" may be substituted for -Total Project Cost"