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95-101 CONGRESS STREET - BUILDING JACKET � west r. � •1 OtE TP:,/J(' r' TRADES petersonschool.com �,(ertificate No: 181-14 Building Permit No.: 181-14 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at - — ------ ------------------ - Dwelling Type 95 CONGRESS STREETin the CITY OF SALEM — — --------------— ---------------- - - ------------------- - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 95 CONGRESS STREET ' This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires _ _ unless sooner suspended or revoked. Expiration Date .............................. .. .. __ ---__.--J. Issued On:Tue Feb 11, 2014 --------------- ----- GeoTMS02014 Des Lauriers Municipal Solutions,Inc. --------------------------------------------------------------------------- f As M SONGRESS STREET 181-14 'G i GIs#. 988 COMMONWEALTH OF MASSACHUSETTS iMap: 34 '=' ` Block: CITY OF SALEM (Lot 0199 (Category: r TENANT FIT-OUT, Pet 18(_14 ., BUILDING PERMIT Project# JS-2014-000376,4 r Est. Cost. $26,500.00 "p° Inl=yCOPY Fee Charged:, $291.00 Balance Due:,y„ $.00 �..;; ; :- PERMISSION ISHEREBYGRANTED TO: Const. Class - ' - Contractor: License: Expires: Use Group ' ,=+iF.awrL FLAVIOROCHA CONSTRUCTIOSUPERVISOR-CS 09152 Lot S1ze(sq. ft.):.7619.9508 ( -� ' Owner: Zoning: EQ Luong H.Nguyen Units Gained _ ;.Applicant: FLAVIO ROCHA Units Lost: ”- ' iAT: 95 CONGRESS STREET Dig Safe#: ISSUED ON. 22-Aug-2013 AMENDED ON: EXPIRES ON: 22-Feb-2014 TO PERFORM THE FOLLOWING WORK: TENANT FIT OUT WITH UPGRADED PLUMBING AND ELECTRICAL POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building = Underground: Underground: Underground: Excavation: U. . Ser'.vice: - Meter: Footings: Ru i , ugh: - Rough: Rough: foundation: Final: Final: Final: Bough Frame: Fheplaee/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House k Smoke: Trcasurv: 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: Check No: Amount: i =i>.-_ BUILDING REC-2014-000410 22-Aug-13 1071 S291.00 GeoTMSO 2014 Des Lauriers Municipal Solutions,Inc. umsme and inside storage of trash in proper locations and comainers(Mass 527 CMR 1.03) I_I ❑ ❑ Exterior stairs&re escapes free of obvious structural hazards,clear of obstructions,snow and ice(Mass 527 CMR), ❑ r❑-1 Knox Box present and in good working order,keys checked and working(City Of Salem Ordinances Sec.20.123) Eli ❑ c, Holiday/Seasonal decorations are of approved type"and displayed safety(Mass 527CMR 21.0) ❑ ❑ Exits and Egress (Mass 527 CMR 10) Y NNn" NA Exit Doors open and close easily and are completely unobstructed(Mass 527 CMR 10.17 aa) _ � I c'l- F-1❑ Exits and Exit egress is clearly marked,fully accessible(Mass 527 CMR.10.17 4e) j_J Emergency lighting tested and functioning(Mass 5217 CMR 10.17 4e) - ❑ ❑ All marked emergency exit doors open in thedirection of egress(Mass 527 CMR.10,174a) ❑ ❑ Fire Alarms (Mass 527CMR 24 Chap 148 sec 10,NFPA 72) Y N . NA Master Box -Central Station Local smokes only ❑ F 1 ❑ Alarm Panel accessible,power on,in service,panel locked and secured 0 ❑ ❑ Zones and zone locations clearly indicated at the panel FC-1 ❑ ❑ Silence key in normal position,no keys left in panel ticks or silence switch ❑ ❑ ❑ Smoke heads,homststrobes and pull stations,property mounted,in good condition,in service ❑ ❑pi' - Master Box opened,visually inspected and in service tl.`�`t ❑ r.0 Local smoke alarm system,power is on at the main breaker,smoke detectors tested. ❑ ❑ ❑ Sprinklers,Standpipe,Fire Pump (NFP& Chap 148 sec 26 NFPA 14,NFPA 20) Y N NA Sprinkler system In service,type Dry Other ❑ ❑ ❑ Building sprinkler systemtspnnkter room identified,accessible,annual inspection completed and posted(NFPA 13-5) 0 ❑ Fire Department exterior connection clear and accessible with protective caps installed(NFPA 13.5-15.2.1) tEa ❑ ❑ OSBY valve in openton position,locked with wir/eg,�j-impar switches in place ! 'r ❑ ❑ Standpipe system in service,type, /Wim' Dry Other ❑ ❑ -❑ Proper fillings and pipe thread(Large thread)Iron pipe. Q ❑. Standpipe locations throughout the building visually inspected and in usable condition ❑, ❑. ❑ Fire pump in service and inspected annually tt�tt ❑ ❑ Electricat&Heating (Mass 527 CMR 12,Chap 148 secl0,National Electrical Code) Y N NA Main electricat panel clearand accessible ❑� ❑ ❑ " Panel property covered,in good condition,with no obvious electrical hazards En - ❑ ❑ Electrical switches,receptacles;fixtures,etc,in good condition,property mounted in safe usable condition Q ❑ F-1 Proper use of extension cords and receptacles with no obvious overload conditions Q ❑ ❑ Other Electrical hazards Heating.System well maintained,safely vented,proper cis arances.Oil burner permit displayed "(J ❑ ❑ Flammable and Combustible Liquids (Mess 527CMR 6.0,9.0,14.0) " . - Y N NA Permits or License to store specific products on site(Mass 527CMR 10.03,(5)(D)&14.03(7)) ❑ ❑ 0 Flammable liquids in proper containers,stored in proper safety cabinet ,❑ ❑ ❑ Proper storage of gasoline and gas powered equipment(Mass 527 CMR 14.03(9)) ❑ ❑ 0 Propane,proper storage,no use above grade level.Permits for inside storage(Mass 527CMR 6.0 Chap146mgi) ❑ ❑ 12 Kitchens,Restaurants,Assembly, (NFPA 96,Mass 527CMR 10.03($)City Of Salem Ordinances) Y N NA Permits posted - ❑ ❑ ❑I� Building max occupancy posted at main entrance,all restaurants,bars,assembly locations(City Of Salem Ordinances) ❑- 1:1t �t Kitchen exhaust hood system clean and well maintained ❑ 0 Hood filter removed and main exhaust duct inspected,duct clean and well maintained El El Fire suppression system in service;inspected semi annuo with certficate displayed ❑ ❑" Q Entire kitchen area well maintained and free from grease accumulation and.other hazards - ❑ 0 Q Fire Extinguishers (Mass 527CMR 10.02.NFPA 10) rrr---bbbY��rrt N NA Fire extinguishers properly mounted,visible and Identified(NFPA 10-.1-8.2) ❑ ❑ Fire extinguishers inspected annually(NFPA 10.4.3) ❑ ❑ Other Fire or Safety.Violations " Re-inspection Date Form 58 Complaint Filed Q ❑ Notifications �1 PTN Form 70 Completed ❑. Notes' y,/a we Lit, I t 95 CONGRESS STREET 181-14 IiciS 1984 _ COMMONWEALTH OF MASSACHUSETTS !Map: X34 — ----,__--' r lk. CITY OF SALEM oc - � 'Lot --.0199 Category TENANT ITT OUT IPermit# 1811.4BUILDING PERMIT ,:'rolcet� 75-2024 000376_-Y iEist Cost i$26,500.00 �� 1 jFecChaiged_` 4$291_00 Waticc Due: 3.00 1 PERMISSIONIS HEREBY GRANTED TO: C'olht t '1ss' Cantractor: License: Expires: _ _ J Ise Group: I FL AV fO ROC1 LA CONSTRUCTIO SUPERVISOR-CS 09152 1-otfit2c(sq, 1076i9.9508�_ __10wileF. Luong B.Nguyen Zoning: Units Gained -- ^WT�`IPPiicanl: FLAVIOROCHA Chuts Lost — 1 ^m AT: 95 CONGTZESS STREE`E uSVE,DON: 22-Aug-2013 AMENDED ON: EXPIRES ON: 22-Peb-2014 TO PERFORM THE FOLLOWING WORK: TENANT PIT OUT WITH UPGRADED PLUMBING AND ELECTRICAT, POST THIS CARD SO IT IS VISIBLE FROM THE STREET �Eleciric Gas Plumbing Building t:et;erdroan Undilglound: Underground: Esea,-ation_ s )nr.'me Sicfcrt ' 7rrl�j_ Ftlotirtgs: Rough: Rough: - Rough: / �� Foundation: Final: Final: Filial: Rough Frame: Jr! Fireplace/Chimney: D.P.w, Fire health �I-. MMer: Oil: insulation: limns¢R � X Smoke: Y �IF Treasury: DEPT Water: _ Alarm: Assessor 'fZkQtll rIC"lI ftcover: Sprinklers: Final: THIS PERMIT MAYBE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY �S RULES AND REGULATIONS. r� Signature: Fce T}pe: Receipt No: Date Paid: Check Nn: Amount: I1{+IU)LtiG RFC-20140004!0 22-Aug-13 1071 S291,94 Call for Pei a 1`0 Occupy GeoTMSO 2013 Des Lauricrs Municipal Solutions,file. I Certificate No: 181-14 Building Permit No.: 181-14 Commonwealth of Massachusetts City of Salem I Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at _DweWncg Type - t.: 4 45 CONGRESS STREET in the CITY OF SALEM Address. Town/City Name IS HEREBY GRANTED A TEMPORARY CERTIFICATE OF OCCUPANCY 95 CONGRESS STREET � i This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires Monday Feb 17, 2014 unless sooner suspended or revoked. s Expiration Date Issued On: Wed Jan 22, 2014 t I GeoTMS4D2014 Des tauncrs Municipal Solutions,Inc. "— - -- - --- - - -- 1 , r_ K 95 CONGRESS STREET 181-14 IGIS Map#' 348 COMMONWEALTH OF MASSACHUSETTS Bok: CITY OF SALEM 'Lot: 0199 lCategory: TENANT FIT-OUT Pnt#x. 181-14 %' BUILDING PERMIT ,Project#" ``: JS-2014-000376. Est Cost: `, $26,500.00, Fee Charged: - $291.00 Balance Due: $.00 ,;" PERMISSION IS HEREBY GRANTED TO: Const. Class; Contractor: License: Expires: Use Group:::. `` '�' 'i FLAVIO ROCHA CONSTRUCTIO SUPERVISOR-CS 09152 Lot Siz4sq. ft.)7 7619:9508 Zomng BI Owner: Luong H.Nguyen Units Gained' ;' ', ' -A plicant: AVIO ROCHA Units Lost >;;, "" ` AT: 95 CONG)tESS STREET ISSUED ON: 22-Aug-2013 AMENDED ON: EXPIRES ON: 22-Feb-2014 TO PERFORM THE FOLLOWING WORK: TENANT FIT OUT WITH UPGRADED PLUMBING AND ELECTRICAL POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: ,,(�yy/�' q �1;I_ Footings: Rough: Rough: Raugh;Lw.�U"��/ �l Foundation: 1 . %J Final: Final: Final:i,\ Rough Frame: 511P Fireplace/Chimney: fADD D.P.W. Fire Health / Insulation: Meter: Oil: (1 •'1 ,� / 1 ' �/V Final*'% �•u' �� NO� House Smoke (151 CIRC Treasury: DEPT Assessor Water: Alarm: �• fZt{i101 rlc-IT� Sewer. Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY F fS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2014-000410 22-Aug-13 1071 $291.00 Call for Pay R L Occupy GeoTMS@ 2013 Des Lauriers Municipal Solutions,Inc. .i.. .:.o- +.�. *Y nr**. 'r'iIMr.YT. .nw'� �.�,n.'.., �.F 'I+T,-w`YI'.M5'�I" r'^�+ v..-e..1Jx..,, ryrb,.,+t..:i1"�,6"'4,�'^Yn�`F.r.,Y'+•ryr"�'A'�N1�.,:1r,.Jrrih..�..s. FIELD COPY y t' CITY OF SALEM BUILDING =° SALEM. MASSACHUSETTS 01970 PERMIT TI VALIDATION 4D� DATE September 14 19 93 PERMIT No. 412--93 APPLICANT Dan Mackey ADDRESS 59 Broadway Salem 047437 (N0.) ISTREETI ICONIR'S .ICFxlfr PERMIT TG ;Demolish 1_1 STORY Garage . NUMBER OF LIN (I'll Ov IUPAOvtuE xTl NO. (PROPOSED USE) DWELG UNIT$ AT ILOCPT.ONI 95 rt{�gTPAA St . Ward 1 ZONING R-3. IN0.1 ISTPEETI DISTR ICI .BETWEEN - - AND . . ICROI. STREETI ICROSS STPEETI LOT SUBDIVISION LOT BLOCK 'SIZE BUILDING IS.TO BE FT. WIDE BY FT. LONG BY.FT, IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TIRE) REMARKS: molish are a 24 x .24 Inspected Approv ate IOLUME ESTIMATED COST 2,400 A OR FEE MIT S 20.00 .c•:e¢.lD u..Rt Ftrtl 1 - pWNER John Leforp - - •:O,Ess 95 Congrees St. Salem, Mass. Leo E. Tremblay INSPECTOR OF BUILDINGS INSPECTION RECORD OAT[ NOTE PROORESS - CRITICISMS AND REMARKS INSPECTOR Plans must be filed and approved by the Inspector before a permit will be granted. No. J City of Salem Ward_ 'r� ( J IS PROPERTY LOCATED IN THE ,r HISTORIC DISTRICT? Yes__t�,No a +, 9 IF SIDING, HAS ELECTRICAL PERMIT BEEN OBTAINED? Yes No Home Phone # APPLICATION Bus. Phone # FOR PERMIT TO RAF, Qr� Salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned herebv applies r a ermit to build ace o ding the following specificatio Owner's name and address Architect's name Mechanic's name and address Ayall �h Location of building,No. 1 What is the purpose of building? lb) C, <c _ Material of building? Asbestos? If a dwelling,for how many families^. _ Will the buildico nn to the requirements of the law? Estirawedcos d C tractors Lie. Signature of applica �' REM RKS SIGN ED UNDER Z ,(2�{ -yP PENALTY OF PERJURY. No.')) Ward _ APPLICATION FOR PERMIT TO ROOF REROOF OR INSTALL SIDING Location 95 0 o-ww" PERMIT GRANTED 19 /f Approved Building Inspect ,r��c t Jnr t�a»rivsu»u�irei(/G c��,lGaasauivae� %chG a Dukakis . &p�p� .,�" eAt w` � Governor �� -,Z" - 1130f Kentaro rsutsumi .f7asisw. .,l�itasoo.r t.rl. OVA? Chairman 4171 7'n. Charles J. Dissents Admtnutrator MEMORANDUM TO. All Building Departmentst5tate Building inspectors FROM: Charles J. Dinuto. Administrator DATE. October 31, 1988 SUBJECT: MGL can, 551. Added RIF r5-M. ti9 for the Acis of it" The above-mcbuonW statute requires tbat debris resulting tram the demolition. rearvatialt. ralso 1iBawn ,or other alteration of a building or structure be disposed of in a properiv Itu:ttsed sided wa/tM dta0plal factltty as defined by MGL ci 11. S150A anu that building permits or Itcensex arc to indicaut.to losass a too the facility at which the said dchns is to be disposed. THIS REOUIREMENT 006S" NOT RIPPLY TO NEW C:ONSTRUC.'T'TON. In order to simoltfv the process and tit proving undormuv. we arc attaching a copy til a tut= watch volt can either reproduu and use as it is since the cnmpieted farm will be attached to the office arpr of building permits at Ib hate:t: or rcproducc it on your letterhead. In asc of municipal.commercial.industrial.or multiunit housing construction,the contractor may tat ka w the dumpster subcontractor at the time at the budding permit application. In such Cases.the attaeim co" of anfftA davit an be used. The complete law is contained in the November issue of CODEWORD which will he makf to YOU in the next two weeks. if you should have any question. ptease tet us know. CJDJkm AFFIDAVIT As a result of the provisions of MGL c 40, 554, I acknowledge that as a condition of Building Permit Number all debris resulting from the construction activity governed by this Building Permit shall be disposed of in a properly licensed solid waste disposal facility, as defined by MGL c III, S 150A. I certify that I will notify the Building Official by (Two months maximum) of the location of the solid waste disposal facility where the debris resulting from the said construction activity shall be disposed of, and I shall submit the appropriate form for attachment to the Building Permit. /�/'' /� Date Signature�of Permiitl Apnt (Print or type the following information) Name of Permit Applicant Firm Name, if any Address In accordance with the provisions of MGL c 40, S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 111, S 150A The debris will be disposed of in: (Location of Facility), t/ 1 ��j Signature of Permit Applicant I Date CITY Of SALEM, MASSACHUSETTS PLANNING DEPARTMENT J ca ONE SALEM GREEN GERARD KAVANAUGH 9 s 01970 CITY PLANNER (617)745.9595,EXT.311 Y June 9, 1988 William Munroe Inspector of Buildingsr City of Salem One Salem Green Salem, MA 01970 EE— -- Dear Bill; Y U' On November 20, 1986, a Site Plan Review Special Permit was approved Jpr the construction of a mixed-use project at 95-101 Congress Street. The uses of this proposed project have been amended slightly, and it will now be a residential development without commercial uses. I have reviewed the revised plans, and the footprint of the building, its location, landscaping, parking, exterior design, and building massing will remain largely as approved by the Planning Board. Therefore, I see no reason why a new Site Plan Review Special Permit would be necessary. If you have any questions or concerns, please call me. Thank you for your cooperation and assistance. Since!r.gly, j' Gerard avanaugh Gity P anner M38WP flit of 3 AMENDED DDCISION ON THE PETITION OF H &.R REALTY TRUST FOR VARIANCES AND A SPIAL PERMIT AT_45_ -16VARIANCESS ST (B-1) A hearing on this petition was held on April 27, 1988 with the following Board members present: James M. Fleming, vice Chairman; Richard A. Bencal, Secretary Messrs. , Edward Luzinski, Peter Strout and Associate Member Arthur Labreque. 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 all necessary variance and a special permit under Section VIII D in order to permit extention of a non- conforming structure in order to construct sixteen (16) residential units as per the plans submitted in this B-1 Zone. The Variance which has been requested may be granted upon a finding of the 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 structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; 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 or the purpose of the Ordinance. 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 IX D, grant Special Permits for alterations and reconstruction of nonconforming lots, land, structures, and used, provided however, that such change, extension, enlargement or expansion shall not be substantially more detrimental that 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 hearing, and after viewing the plans, makes the following findings of fact: 1. Letters of Support from the city planner and ward councillor. 2. No opposition to the plan was presented. 3. The plan, if granted, would increase the affordable housing stock in the city. DECISION ON THE PETITION OF H 6 R REALTY TRUST FOR VARIANCES AND A SPECIAL PERMIT AT 95-101 CONCHS ST. (B-1) Page Two 4. The change from a market and laundremat would generate less vehicular traffic in the area. 5. The area is surrounded predominately by multi family dwellings. 6. Business at small grocery stores such as the one presently on site is decreasing due to larger chain stores. 7. No change in the size of the existing building other than upward is anticipated. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concluded as follows: 1. The relief requested may 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. 2. Literal enforcaTent of the provisions of the ordinance would work a substantial hardship on the petitioner; 3. Special conditions exist which especially affect the subject property but not the district generally; 4. The Special Permit requested will promote the convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant all necessary variances, specifically, but not limited to: 1. Variance from minimum lot area. 2. Variance from minimum lot size to 13,604 sq. ft. +. 3. Variance frau minimum lot coverage to 40.4%. 4. Variance from minimum set back with zero rear yard depth and zero side yard on the north side of the property. 5. Variance from minimum Height to a maximum of 38 ft. Included in the 5-0 vote to grant was the request for the Special Permit to allow the extension of a non-conforming structure as to height. These Variances and Special Permit are granted by the Board subject to the following conditions: 1. All conditions of the letter from the Salem Fire Dept. to this Board relative to this petition be cmplied with. 2. Maintain twenty seven (27) parking spaces on site. 3. All construction be done as per the plans submitted and per all existing City and State Building Codes. DECISION ON THE PETITION OF H & R REALTY TRUST FOR VARIANCES AND A SPECIAL PERMIT AT 95-101 CONGRESS ST. (B-1) Page Three 4. A Certificate of Occupancy be obtained. _i y�� Y' GRAN E . �4 `Y.GakZL�/I/i11�/A .1I/1/?Y �A.i' i hard A. Bencal, Secretary A COPY OF THIS DECISION HAS BE 7 FIZZ WITH THE PLANNING. BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 Of THE MAA%, GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSANT TO MASS. GENERAL LAWS, CHAPTER 808. SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISI;r . BEARINS THE CERT- FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HP,: BEEN DIS:7ISSED CR DENIED IS RECORDED IN THE S^UTH ESSEX RE31STRY OF IEOS AND INDEXED UNDER THE NAME CF THE CY17i:i. OF RECORD OR IS RECORDED AND NOSED ON TH_ OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL (flit of "Stt1em, f ttssuchuse##s Poxrb of �ppvd OCT FILE W DECISION ON THE PETITION OF H & R REALTY TRUST FOR 61ty VARIANCES AND SPECIAL PERMITfAT-95=101-CONGRESS-8T —(,B-1 ) A hearing on this petition was held September 24, 1986 with the following Board Members present: Edward Luzinski, Vice Chairman; Richard A. Bencal, Secretary, Messrs. , Strout, Fleming and Associate Member Labreque. 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 Law .Chapter 40A. Petitioner request Variances fromminimum lot area required, maximum lot coverage, rear yard setback, side yard setbacks, maximum height and parking. Petitioner also requests a Special Permit to allow for the expansion of an existing nonconforming structure to allow the construction of ten (10) dwelling units in this B-1 zone. The Variances which have been requested may be granted upon a finding of the 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 structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; and 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 or the purpose of the Ordinance. 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 IX D, grant Special Permits for alterations and reconstruction of non- conforming structures, and for changes, enlargement, extension or expansion of non- conforming lots, land, structures, and uses, provided, however, that such change, extension, enlargment 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 consideration of the evidence presented at the public hearing, makes the following findings of fact: 1 . Support to the petition was voiced by abutters, neighbors and others, as well as a petition signed by neig'n.bors, abutters and others; DECISION ON THE PETITION OF H& R REALTY TRUST FOR VARIAN-CES AND SPECIAL PERMIT AT 96-101 CONGRESS ST. page two 2. The plan, as presented, will increase the number of affordable residential units in the city; 3. There will be no change in the existing building other than upward; 4. The present grocery store and laundry clientele is mostly walk in and the need for parking is minimal. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the property in question but do not generally affect other lands in the same district; 2. Literal enforcement of the provisions of the Ordinance would work a substantial hardship or, the petitioner; 3. The relief requested car. be granted without substantial detriment to tte public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance;. 4. . The proposed plan will promote the convenience and welfare of the City's inhabitants. Therefore the Zoning Board of Appeal voted unanimously, 5-0, to grant the following Variances: 1 . To allow 13,604 square foot lot size; 2. Maximum lot coverage of 40.4%; 3. Zero rear yard depth; 4. Zero side yard depth or, the north side of property; 5. Maximum height of 38 feet; 6. From the required parking of 46 spaces to the proposed 2' spaces. The Board also voted unanimously, 5-0, to grant the Special Permit requested to allo,a for the expansion of an existing nonconforming structure. The Variance and Special Permit are subject to the following conditions: 1 . The addition must be built in accordance with all applicable provisions of the Massachusetts State Building Code and in compliance with all Salem Fire Department regulations; 2. A Certificate of Occupancy for all units be obtained. AFtF ' TIFU�� . I. 'NY. S� BE ."` P P DANT TO SE i c R LF t. PT -R K AN SH.. r-E ' 22, L'AtS 147.C Thin� L D. F L \i 41 i ^ i SIC Pt TH in A COPY O TF.IS "DECIST-05 HAS BES Ff1Bli WItH r-A -PLANNINFG' BOARD AND'THE CITY CLERK „ ..E� IJ th . ,r. ESSEX S_._iLir L. __l 4.Lt C•F 1F9 OF RECG RD OR IS RECOP.DEU AND NGT") 0'. Th' OWNER'S CERTIFICATE OE TILE. BOARD OF APPEAL a a MICHAEL E. O'BRIEN '`- LEONARD F. FEMINO CITY SOLICITOR '2, 9 ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET "�^'xncm`'" 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 745.4311 745-4311 744-3363 921.1990 Please Reply to 81 Washington Street Please Reply to One Broadway , t, L r June 8 , 1987 00 c� ..... •''�� William H. Munroe, Building Inspector City of Salem v c One Salem Green Salem, Massachusetts 01970 Dear Mr. Munroe: -�— r= You have requested my opinion whether or not an existing structure located in a B-1 zoning district currently utilized as a permitted business use may be used for multi-family resi- dential (R-3 ) purposes . You have asked for my opinion in light of the fact that the Board of Appeal granted a special permit and variances to allow for expansion of the existing structure (upward) to accommodate ten (10 ) dwelling units. As the zoning ordinance permits multi-family use in B-1 districts (see Section V subsection 4 ) , I can see no impediment for use of the existing structure for multi-family purposes . The fact that the existing structure was recently granted a special permit and variances for expansion should have no bearing on the existing structure ' s permitted use under the zoning ordinance. Obviously, any expansion of the existing structure would require relief. under the zoning ordinance. Ke rulyyou4 l E. O' Brien City Solicitor MEO/jp cc: City Clerk SS�'CON'rvr4 �y tl y \ > 8 d MICHAEL E. O°BRIEN ? a LEONARD F. FEMINO CITY SOLICITOR %,^n,',6��rt ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET _Y 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 745-4311 745-4311 744.3363 921-1990 `S Please Reply to 81 Washington Street Please Reply to One Broadway 1�. June 8 , 1987 a Co r William H. Munroe, Building Inspector City of Salem C� One Salem Green —� Salem, Massachusetts 019770'' Dear Mr. Munroe : You have requested my opinion whether or not an existing structure located in a B-1 zoning district currently , utilized as a permitted business use may be used for multi-family resi- dential (R-3 ) purposes . You have asked for my opinion in light of the fact that the Board of Appeal granted a special permit and variances to allow for expansion of the existing structure (upward ) to accommodate ten ( 10 ) dwelling units. As the zoning ordinance permits multi-family use in B-1 districts ( see Section V subsection 4 ) , I can see no impediment for use of the existing structure for multi-family purposes. The fact that the existing structure was recently granted a special permit and variances for expansion should have no bearing on the existing structure ' s permitted use under the zoning ordinance. Obviously, any expansion of the existing structure would require relief under the zoning ordinance . ery ruly your Michael E. O' Brien r'Cty Solicitor'-'= MEO/jp cc: City Clerk Jam` F 4� +�? W�g a ��EIT1l1tI2 rnO2IPI� 4s"cia..s.K" rr�� OTIC ,cafcnt GreCit DECISION n SPECIAL PERMIT SIT£ PLAN REVIEW H & R Realty Trust r , i, 95-101 'Congress Street C/o Attorney John Serafini , Sr. 63 Federal Street Salem, 14A 01970 On Thursday, October 16, 1986 , the Planning Board of the City of Salem held a public hearing regarding the application of the H & R R;;_ -y` Trust, 95-101 Congress Street, Salem, for a Special Permit under Section VII-R, Site Plan Review, of the Salem Zoning Ordinance, with respect to the construction of ten ( 10) condominium units at 95-101 Congress Street. . At a regularly scheduled meeting of the Planning Board held on November _ 20, 1986, the Board voted, by unanimous vote, to approve the application as complying with the requirements for the issuance of a Special Permit, subject to the following conditions: 1. Work shall conform to plan entitled, "Site Plan - Addition to Colonial Market , 95-101 Congress Street" dated August 20, 1986 . 2 . All construction shall be conducted in accordance with the following conditions: a. No work shall commence before 7:CO a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. There shall be no work conducted on Sundays or holidays. Inside work of a quiet nature may be permitted at other rimes . b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shalt be provided to all abutters in writing at least 72 hours prior to commencement of construction. 3. Landscaping of the site shall conform to plan entitled, " Landscape Plan, 95-101 Congress Street " , dated, November 13 , 1986, revised December 2 , 1986: a. Maintenance of the landscape vegetation in a healthy and thriving condition shall be the responsibility of the developer, his successors or assigns. 4. Lighting of the site shall be approved by the City Planner prior to _ issuance of Certificates of Occupancy. 5. Any violation of these conditions shall result in revocation of this __ . permit by the Planning Board. Page 2 I hereby certify that acopy of this decision and plans have been filed with the City Clerk and copies are. on file with the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty (20) days have elapsed. and no appeal has been filed or that if such appeal has -been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded on the owner' s certificate of title. The fee for recording or registering shall be paid by the owner or applicant . Walter B. Power, III Chairman, Planning Board D7C801 q a - :a0 I �O� CERTIFICAT ��/5 D DATE i " - CITY OF SALEM SALEM, MASSACHUSETTS 01.970 BUILDING PERMIT - % a•F�,m CERTIFICATE OF OCCUPANCY DATE JAR. 23. - 199— PERMIT ND. 28-92 APPLICANT Ville L'Heuteux ADDRESS 22 F'ranriS RA. 11 4f) .1X0.1 ISTRCETI (COMA'S LICENSEI ;�ygy�Tr N NUMBER OF TWYILG� PERMIT TO RElWA2F/COIA7ER' SIQI I�1 STORY -R(YYu1TWz wy]-S�F. DWELLING UNITS 1S ,iL.,.S'Q (11FE 01 IUYPOv[M[Nil N0. - IPPOPOSEO USEI AT (LOCATION)'•7' 89 C ESS TI.Street warrN. 1 DISTZONIRICT DISTRICT g'-1 1X0.1 (STREET( BETWEEN AND ICNOSS STREETI (CROSS STPEETI LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE P• FT. LONG DY FT, IN NE!GMT AND SMALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION 11♦vEl .REMARKS: ATE 10 CXVFART A TWD FAMILY HOUSE ZM 15 ROWS EMME FUSE B.O.A. 4/17/91 CAIS, FOR PERHIIT TO OCCUPY 745-9595 AREA OR .� �_ mummm VOLUMEle C BIC-SOUARE FEET( OWNER Grille L'Heurewt -R IY'Y,Y EI n. A,R T,o.,, NA,lY,R.O.BE POSTED ED ON PREMISES MIS ADDRESS 22 Francis Road, rSalem,MA SEE REVERSE SIDE FORCONDITIONS OF MAKI.FICATE . DEPARTMENTAL APPROVAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCE l To be filled in by each division indicated hereon upon completion of its final inspection.. BUILDINGS Permit No. #28-92 Approved by J. JENNINGS Date 7/2/96 Remarks PLUMBING Permit No. Approved by J. LECLERCDate 6/13/96 Remarks ELECTRICAL Permit No. Approved by Q• GIARDI Date 5/9/96 Remarks OTHER Fi1e Permit No. Approved by W HUDSON Date 5/30/96 Remarks OTHER Permit No. Approved by Date Remarks BUILDING PERMIT JOB WEATHER CARD DATE tB PERMIT NO. APPLICANT ADDRESS 1x0.1 SSi REE T) ICON*a•S UC£xlfl NUMBER OF PERMIT TOI__I STORY DWELLING UNITS IT", tri (MPR OVFMf HTi xp, IPROFo5E0 uS{t ZONING AT (LOCATION) DISTRICT (No.; fBi RE ETI BETWEEN ANG (CPOSa STREET) (CROSS STREET) LOT SUBDIVISION _ LOT BLOCK SIZE BUILDING IS TO BE FT, WIDE By FT. LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALL$ OR FOUNOAT ION (TYPE) REMARKS: AREA OR PERMIT c VOLUME ESTIMATED COST FEE . S :oleic:so uAR[ rEEn E r f ARAB�� lip:S OWNER BUILDING DEPT. ADDRESS BY INSPECTOR OF BUILDINGS 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 AP- PROVED 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. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS PpEREr SAPPLICARE BL UISEQREDARFT INSPECTIONS REQUIRED FAR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE, WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS, 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL - MEMSERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE, 1, FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT .IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS_ ELECTRICAL INSPECTION APPROVALS C. I q � 2 "" N, 2 i 2 POAR6`CF HEALTH INSPEC ROV LSj FIRE DEPT.INSPECTING APPROVALS I t I OTHER CITY ENGINEER 2 2 Ix WORK SHALL NOT PWEED UNTIL THE PERMIT WILL BECOME MULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD INSPEC- OR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. OR WRITTEN NOTIFICATION. PERMIT IS ISSUED AS NOTED ABOVE.