16 CHURCHILL STREET - BUILDING INSPECTION 16 CHURCHILL STREET
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UPC 10330
No. 153L
HASTINGS. UN
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Ig9q APR 21 A II: 08
DECISION OF THE PETITION OF THOMAS BUSIER REQUESTING A VARIANCE
FROM THE PROPERTY LOCATED AT 16 CHURCHILL STREET R-1
A hearing on this petition was held April 21, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and
Paul Valaskagis. 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 petitioners have requested a Variance from side setback to construct a deck for the
property located at 16 Churchill Street R-1.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. 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. Thomas Bubier and Andrew Perkins, Trustees for the Phoenix Real Estate Trust,
represented themselves as petitioners.
2. The petitioners requested a Variance from side setback to construct a deck off the
rear of the house. The proposed deck is less than five feet from the side property
line, and zoning requires ten feet in an R-1 district.
3. A plot plan, prepared by Reid Land Surveyors of Lynn, Massachusetts, was
presented.
4. Thomas Bubier presented photographs of the current house.
S. Andrew Perkins explained that the deck would be built over existing cement slab.
Y u SALEM. MA
SLEi;u'S OFFICE
DECISION OF THE PETITION OF THOMAS BUBIER REQ�E�PTf Ci�A V�jltf —
FOR THE PROPERTY LOCATED AT 16 CHURCHILL STR ItT k-1
page two
6. There was no one at the meeting who spoke either in favor or opposition to the
Variance requested.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances
requested, subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
4. A building permit is to be obtained.
5. A Certificate of Occupancy is to be issued.
Variance Granted
April 21, 1999
Michael Ward (�
Board of Appeal, Member
DECISION OF THE PETITION OF THE THOMAS BUBIER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 CHURCHILL STREET R-1
----— -- 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 ofRhe C
owner of record or is recorded and noted on the owner's Certificate of Title. c
Board of Appeal
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CERTIFICATE OF OCCUPANCY
CITY OF SALEM Issued:W-qs'/Oo Permit Irs-6-lq
SALEM, MASSACHUSETTS 01970 -City of Salem iuilding Dept.
DATE IA
19 .PERMIT NO.
APPLICANT SIREGURY M��,IN: IRM'S ADDRESS 6S lkl ]—�i ',nT
(10) (STREET) ---(CO—.TR S—LICENSE)
-
STATE—i�L ZIP CODE TEL.No 701 6
CITY
NUMBER OF
PE:RMITTO REPAIR REl:::ILACEllllElN (—) STORY too!N!!,:: DWELLING UNITS
(TYPE OF IMPROVEMENT) No. (PROPOSED USE)
ZONING
E, C DISTRICT—"�`
AT(LOCATION)
z[VII ,I H IRD I ILA–
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION Mi-W C!" LOT 0:1 .7"' 13L(CK— SIZE
BUILDING ISTOBE—FT WIDE BY ' FT.LONG BVFT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TOTYPE— USEGROUP— BASEMENT WALLS OR FOUNDATION (TYPE)
REMARKS: I NTF R 1. f.11P Rl::-.P(-IIIRS. F., RD.
AREA OR COST$ In, 1,1017.1 PERMIT
ESTIMATED
VOLUME FEE
(CUBIGSOUARE FEET)
OWNER (T i\ll W YEAK 'I HE BUILDING DEPT.
ADDRESS 36 WOLF HILL RDAD BY
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
► ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES As WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
Citp of harem, 41a!5garbUgettq
i Public Prapertp Mepartntent
iguilbing Mepartment
One gWem&reen
• (978) 745-9595 Cxt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
November 9, 1999
Andrew Perkins
Phoenix Real Estate Trust
133 Union Street
Lynn, Ma. 01902
RE: 16 Churchill Street
Dear Mr. Perkins:
After an inspection of the property located at 16 Churchill Street, we found the following
violations;
1. The homeowners license exemption form is for people who intend to reside at the
address being worked on.
2. He/she will comply to all rules, regulations, inspections per the Massachusetts State
Building Code.
3. Gas water heater in basement—venting doesn't meet Massachusetts State Code.
4. Sink in cellar is not properly vented.
5. Empty oil tank needs to be removed from the cellar.
6. No tip guard on stove in kitchen.
7. Knicks in new wiring—junction box not fastened,just hanging in wall.
8. Roof leaks.
9. No guard rails at top of stairs 2nd floor.
10. Deck installed to high, water leaks into kitchen, door doesn't open.
11. Stringer problems with deck.
12. No perminate footings for posts supporting decks.
13. No rough inspections in kitchen or 2"d floor—No plumbing, electrical or building.
This is the second property in Salem you have sold and left in shabby condition this year.
The other is 58 Derby Street.
Please call our office to rectify these problems at once.
Failure to respond to these orders within seven (7) days will result in legal action being
taken against you in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
r k< � -
Frank DiPaolo
Local Building Inspector
Citp of &alem, 41a!5!5arbu!5ett!6
1 z Public Prupertp Department
j6uilbing 33epartment
One gpalem green
(978) 7459595 CCxr. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer COPY
November 1, 1999 �a
RE: 16 Churchill Street, Salem
Dear Homeowner:
We would like to inspect your house because we have had other complaints about this
developer and his contractors.
On Thursday, October 28, 1999, we received a complaint on another property. As a
result of our inspection we condemned the heating system due to carbon monoxide
leakage and found a various number of other violations.
I would stress this inspection for your safety.
Sincerely,
Peter Strout
Building Inspector