22 BEACH AVENUE - BUILDING JACKET 22 BEACH AVE . 7
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No. 10301
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DIECI_SION ON THE_RETITION OF DALE LEWINSKI FOR A SPECIAL PERMIT
AT 22 BEACH AVE. (R-1 )
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio;
Edward Luzinski and Mary Jane Stirgwolt. 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, owner of the property, is requesting a Special Permit to extend a
nonconforming structure by adding a second level . Property will remain a single
family dwelling and is located in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is SEction V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board
of Appeal may, in accordance with the procedure and conditions set forth in
Section VIII F and IY D, grant Special Permits for alterations and reconstruction
of nonconforming structures, and for changes, enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal , after careful consideration of the evidence presented at the
public hearing, and after viewing the plans, makes the following findings of fact:
1 . Neighbors and abutters ( 10) signed a petition in favor of the plan.
2. Councillor Nowak sent a letter in favor.
3. There was no opposition.
4. This would enhance the petitioner' s quality of life.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The granting of the Special Permit requested will promote the public health,
safety, convenience and welfare of the City's inhabitants.
2. The addition of a second level would be in harmony with other structures
in the neighborhood.
• DECISION ON THE PETITION OF DALE LEWINSKI FOR A SPECIAL PERMIT
AT 22 BEACH AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All construction be done in accordance with City & State Buildino Codes.
2. All construction be in accordance with plans and dimensions submitted.
3. Exterior finishes of the proposed construction be in harmony with the
existing structure.
4. Petitioner obtain a legal building permit.
5. All requirements of the Salem Fire Department relative to smoke and
fire safety be strictly adhered to.
6. A Certificate of Occupancy be obtained from the Building Inspector.
SPECIAL PERMIT GRANTED
October 17, 1990
z0Xz41LC.1,
K11chard T. Febonio, Member
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 Mass. General Laws, Chapter 808,and shall be filed within 20 days
after the care of filing of this decision in the office of the City c:erk.
Pursuant to C1 ss. General Laws, Chapter 808, Section 11, the variance
or 2pecial Permit eramed herein shall not take effect until a copy of the
decision, boaring the cerufication or the City Clerk flint 20 d,v, 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 or the owner of record or
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL!
CUP of harem, Alaaacbugettg
Public Propertp department
Nuilbing 30epartment
One :$alem green
745-9595 Cxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
July 23, 1990
Kevin Daly, Esq.
City Solicitor
RE: i22:Beacl%Avenue ((R-1)
Dear Mr. Daly:
Would you please persue the enclosed information relative to the legal
use of 22 Beach Avenue. The property is located in a Residential One family
district.
Thank you for your prompt attention in this matter.
Sincerely,
William H. Munroe
Zoning Enforcement Officer
Inspector of Buildings
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CITY OF SALEM - MASSACHUSETTS
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KEVIN T.DALYLegal Department t,�p q><�, Mito8$,
5W-745-05004
CitySolicitor 93 Washington Street s t Ciry Solicitor
S05Salem, Massachusetts 01970 508-921.1990
July 25, 1990
William H. Munroe
Inspector of Buildings
City of Salem
One Salem Green
Salem, MA 01970
RE: 22 Beach Avenue
Dear Mr. Munroe:
I have reviewed the documentation which you provided me
relative to the above-named property.
The documentation I reviewed was insufficient in order
to conclude that 22 Beach Avenue is a legal two family home.
Kindly inform the owner of 22 Beach Avenue that he must
present evidence that this residence has been used as a two
family dwelling continuously since 1965.
Thank you for your attention.
Very truly yours,
Kevin T. Daly
City Solicitor
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deAN ASSOCIATES, INC. 1
494 Lowell Street
Peabody, Massachusetts 01960
(508)535-6500 al Y G
June 21 , 1990
To Whom It May Concern:
On May 26 , 1988 , I listed a property in Salem located at
22 Beach Avenue. As is my custom, I researched the property at
Salem City Hall to ascertain the correct zoning , taxes , etc. The
records showed the dwelling to be a single family residence ,
therefore , I listed it as a single family with an in-law unit.
When I reviewed the documents with Mrs . Marion Francois , the
owner at the time, she stated that the property was a legal Two
Family and produced a letter from the Building Inspector, Richard
McIntosh, to the Electric Company which states that he and former
Inspector, Robert Gauthier concluded that 22 Beach Avenue is a
Two Family. Armed with this letter, I again went to City Hall
to see the Building Inspector. I don't remember the name of the
inspector I spoke with, but after reviewing the letter, he said
that, yes , it was in fact a two family. I left a copy of the
letter with him and, based on his statement and the letter, I
listed the property as a legal two family.
A few weeks later the property went Under Agreement to
Dale and John Lewinski. It appears that records at City Hall
must have been immediately changed after I spoke to the building
inspector because the appraiser for the Lewinski sale was told it
was a Legal Two Family. The Fire certificate which was obtained
for this sale also refers to the property as a two family.
I find it hard to believe that only two years later, the
Building Inspector is reversing his decision. This is causing
great financial hardship for the new owners , Dale and John Lewinski.
In my opinion, if it was a Two Family at the time the Lewinski ' s
bought it, it is a two family now.
Please feel free to call on me for any further information.
Respectfully,
Gerry Mahoney
Sales Manager
Each Office is Independently Owned and Operated
STROMAN ASSOCIATES
42 Curtis Street, Rockport, MA 01966
July 3,1990
To Whom It May Concern,
On July 12,1988, I appraised the property located at 22 Beach Avenue, Salem
Mass. I questioned David in the building inspector's office as to the legal use
of the property. I was toldthe property was a legal two family and received copies
of a letter and an electrical contractors bill for installation of the second service.
(enclosed)
Sincerely, /
C�JIcIC�CC�,tiC.
Cynthia Stroman, appraiser
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Public Proprrfg Peparfmrnt
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Richard-l!cIntosh
One Salem Green
74541213 June 3,1981
John Condon
City Electrician RE: 22 Beach Avenue
48 Lafayette Street Salem,Ma-
Salem,Ma 01970
Dear John:
Regarding the above referenced property, please be aware that
in the opinion of this Department, it is a two (2) family dwelling.
I contacted the previous Building Inspector, Robert Gauthier,
he inspected the property and concluded that it is in fact a two(2)
family dwelling. I concur.
Very truly yours,
Richard T. McIntosh
Building Inspector
Zoning Enforcement Officer
RTM:mo's
cc: Marion Francis
22 Beach
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E.J. SACHERSKI b
ELEC71?ICAL CONTRACTORS J- Auburn SIP
N1.1, 02176
Phone 16171 665-5516
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
ditu of *1PriT, fflassadjusrit5
'Raarb sf A"ral
TO THE BOARD OF APPEALS:
he Under igned represent that lle is are the owners of a certain parcel of land located
i .t NO. . . . C . . . .4L'?cC . . . h V.t. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; _onina District.({.:
and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
:f the Massachusetts State Building Code.
Tans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
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The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Jo1+n1 LEW1KSK1
Owner. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .
Address. . . . . 2 Z. . . �PrGqq. . .IV . . . . ..
Telephone. . . . . . 79 —�o [�. .I. . . . . . . . . . . . . .
Petitioner. . . . . . . . . .?. . . . . . . . . . . . . . . .. . . .. . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . . .4 . . �a/. . . Tel one. . . . . . . . . . . . . .. . . . . . . .
vey . . . . . . . . .. .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. .. . ........ .. ..... . . ... . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
of *Iem' AaSSUCITUOett8
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JON Z�!
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FILET
June 20, 1990
Josephine Fusco
City Clerk
City of Salem
Dear Mrs. Fusco:
Please be advised that the Salem Board of Appeal , at its
meeting of June 6, 1990, voted unanimously to allow the petition
of John Lewinski , 22 Bea_ch_Av_enuejto be withdrawn without
prejudice. 1
Sincerely,'V�dA"t;
Richard A. Bencal
Chairman
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Richard"_McIntoshra
One Salem Green
74s�-D213 June 3,1981
John Condon
City Electrician RE: 22 Beach Avenue
48 Lafayette Street Salem,Ma
Salem,Ma 01970
Dear John:
Regarding the above referenced property, please be aware that
in the opinion of this Department, it is a two (2) family dwelling.
I contacted the previous Building Inspector, Robert Gauthier,
he inspected the property and concluded that it is in fact a two(2)
family dwelling. . I concur.
Very truly yours,
Richard T. McIntosh
Building Inspector
Zoning Enforcement Officer
RTM:mo's
cc: Marion Francis
22 Beach Ave.
Salem,Ma
ITS`-OF
SALE -
PUBLIC PROPERTY
DEPARTMENT
IONMFAI.EY DRISCOIL /
MAYOR (/- 1�0 WASHINGTON STREET 0 S/ AIt1H,MA1SAfxl:SEl'IS 01970
TEL-978-745-9595 *FAX 978-710-9&6
APPLICATION FOR THE REPAIR. RENOVATION CONSTRUCTION
DEMOLITION. OR CHANGE OF USE OR OCCUPANCY4 FOR ANY EXISTING
STRUCTURE OR BUILDING
1.0 SITE INFORMATION
Location Name: Building:
Property Address:
Property is located in a; Conservation Area Y/N Historic District Y/N
2.0 OWNERSHIP INFORMATION
2.1 Owner of Land
Name: C4�{�� V(✓ -C,C)^
Address:
Telephone:
3.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use New
Demolition Existing
Approximate year of Area per floor (sf) Renovated
construction or renovation
of existing building New
Brief Description of Proposed Work:
Mail Permit to: c ((>e( .4
What is the current use of the Building?
Material of Building? If dwelling, how many units?
Will the Building Conform to Law? Asbestos?
Architect's Name
Address and Phone
Mechanic's Name ee ks
Address and Phone Y5 I—o�
Construction Supervisors License# 83 y HIC Registration#
Estimated Cost of Project$ s6s. Permit Fee Calculation
Permit Fee$ -- Estimated Cost X$71$1000 Residential
Estimated Cost X$11l$1000 Commercial
An Additional $5.00 Is added as an
Administrative charge.
Make sure that all fields are property and legibly written to avoid delays in processing.
The undersigned does hereby apply for a Building Perm' -build the above s ad
specifications. Signed under penalty of perjury
Date 2i
oI
N
0
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