0100 CONGRESS STREET - BUILDING JACKET 6=m
o CITY OF SALEM, MASSACHUSETTS CITY OF SALEM, MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
a SALEM, MA 01970
TEL. (978) 745-9595
Fax (978) 740-9846 77
STANLEY J. USOVICZ, JR. _ ,'tD04 MAR 24 P 2. ala
MAYOR
DECISION OF THE PETITION OF SALEM POINT RENTAL REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 100
CONGRESS STREET
A hearing on this petition was held March 17, 2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Bonnie Belair, Nicholas Helides and Joseph
Barbeau. 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 is requesting a Special Permit to alter the use and Variance from parking to
alter existing business unit to two residential units for the property located at 100
Congress Street located in a R-3 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), 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 Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 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 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 or 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
of the Ordinance
DECISION OF THE PETITION OF SALEM POINT RENTAL PROPERTIES
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 100 CONGRESS STREET R-3
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact: .
1. Petitioner Salem Point Rental Properties Corp. is a subsidiary of Salem Harbor
CDC, a nonprofit community development corporation located at.102 Lafayette
Street in Salem that is engaged in a federally-subsidized redevelopment program
involving 61 properties in the Salem Point neighborhood, among other projects.
The present project is one of a number of residential renovations undertaken in
recent years.
2. The 3-story structure at 100 Congress Street is a nonconforming building. It has
two apartment units on the second and third floors, and a commerciattretail
space on the first floor. Petitioner proposes to renovate the building, restoring
the two upper floor apartment units and replacing the first floor commercial space
with two one-bedroom handicapped-accessible units. Petitioner requires a
special permit because the proposed alteration increases the nonconformity with
respect to minimum lot area per dwelling.
3. One off-street parking space is provided for each first floor unit. Because no off-
street parking is available for the other units, a parking variance is also required.
4. Petitioner stated that under the terms of the federal financing, five percent of the
61 housing units must meet handicapped accessibility requirements. The design
of the first floor units at 100 Congress St. are intended to meet federal
requirements for handicap accessible housing, and to add to housing available
for Salem's handicapped residents.
5. William Quinn Esq., representing petitioner, argued that the petition reduces the
intensity of use at the sit by eliminating the commercial use, ant that conversion
to residential use is in keeping with the character of the R-3 district. In support of
the parking variances, he states the removal of an existing garage and
reconfiguration of this site will increase the number of parking spaces on the
already small site.
6. There was no opposition to the petition. Speaking is support of the project were
Councillors Kevin Harvey and Arthur Sargent..
On the basis of the above findings of fact,and on the evidence presented at the
hearings 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 Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested 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
Y
DECISION OF THE PETITION OF SALEM POINT RENTAL PROPERTIES
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 100 CONGRESS STREET .
page three
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
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 and
approved by the Building Inspector.
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. Petition shall obtain 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.
Special Permit & Variance Granted
March 17, 2004
Nina Cohen, Chairman
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
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 certification of the City Clerk
that 20 days 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 of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal
\
The Commonwealth of Massachusetts
1 I,j;f Department of Public Safety
\Ia>SdchusCItS State Building Code(780 CMR)Seeenlh Edition
\ City of Salem
BuildingPermit Application for an Buildingother than a 1- or 2-Family Dwellin
ja
(This Section For Official Use Only)
Building Permit Number: Date Applied: Building Inspector:
SECTION 1: LOCATION IPlease indicate Block# and Lot# for locations for which a street address is not available)
P
No.and Street City /Town Zip Code Name of Building (if applicable)
SECTION 2:PROPOSED WORK
If New Construction check here❑or check all that apply in the two rows below
Existing Building ❑ Repair ❑ Alteration ❑ Addition ❑ Demolition ❑ (Please fill out and submit Appendix 1)
Change of Use ❑ Change of Occupancy ❑ Other Specify:
Are building plans and/or construction documents being supplied as part of this permit application? Yes ❑ No /
Is an Independent Structural EngineeD eer Review required? -Yes ❑ o ®/
Brief Dc iptitln of Proposed Wov: •-2-1�"�CJ 11� S�eL
SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR
CHANGE IN USE OR OCCUPANCY
Check here if an Existing Building Evaluation is enclosed (See 780 CMR 3402.0) ❑
Existing Use Group(s): Proposed Use Group(s): p
Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34:
SECTION 4: BUILDING HEIGHT AND AREA
Existing Proposed
kFF
f Floors/Stories(include basement levels)&Area Per Floor(sq. ft.)
Area (sq. ft.)and Total Height(ft.)
SECTION 5:USE GROUP(Check as applicable)
ssembly A-1 ❑ A-2r ❑ A-2nc Cl A-3 ❑ A-4❑ A-5 OF B: Business ❑ E: Educational ❑
cto F-1 ❑ F2❑ H: High Hazard H-1 ❑ H-2❑ H-3 ❑ H-4 ❑ H-5❑
1: Institutional 1-1 ❑ 1-2 ❑ 1-3 ❑ 1-4❑ M: Mercantile❑ R: Residential R-10 R-2 ❑ R-3❑ R-4 ❑
S: Storage S-1 ❑ S-2❑ U: Utility❑ - Special Use❑and please describe below:
Special Use: -
SECTION 6:CONSTRUCTION TYPE (Check as applicable)
IA ❑ IB ❑ IIA ❑ 116 ❑ IIIA ❑ 11113113 IV ❑ VA ❑ VB ❑
SECTION 7: SITE INFORMATION (refer to 780 CMR 111.0 for details on each item) -
Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal:
Public' ❑ Check it outside Flnnd Zone❑ Indicate municipal ❑ �\ trench will not be Licenwd Disposal Site ❑
1'11c.7te ❑ or indentiR Zone:_ or nn site%:stem ❑ required ❑or trench ur.pecifv:
permit is enclosed ❑
Railroad right-of-wav: Hazards to Air Navigation: xl:\ I li>tn"m lrp�in i�.iin R,c ir i'n err..:
\41 :\pphc.il•Iv O I.?tructure tnthin airport approach.trea' In lheu"review annplcfud'
"1 to Budd enCln.rd ❑ Yen O ur.\'o ❑
SECTION 8:CONTENT OF CERTIFICA"FE OF OCCUPANCY
Gd Wpm of C aA': L,e Grou pl�l: fvpe nl Cnnnl nid ion: OCCup.tnt f 11ad per Floor
Uoe� the bolding inntain,tn Sprinkler}c,tern': tipecial Stipulations:
SECTION 9: PROPERTY OWNER AUTHORIZATION
Name and Address of Properly Owner "
Name(Print)
Nu. and Street City/Toa,n Zip
Pruperh 0%%ner Contact Information:
Title Telephone No. (business) Telephone No. (cell) e-mail address
If applicable, the property owner hereby authorizes
Name Street Address City/Town State Zip
to act on the property owner's behalf, in all matters relative to work authorized"bv this building permit a >>licatiun.
SECTION to:CONSTRUCTION CONTROL (Please fill out Appendix 2)
(It buildin•is less than 35,(R)0 cu. ft of enclosed s pace and/or not under Construction Control then check here❑and skip Section 10.1)
10.1 Registered Professional Responsible for Con
st
ruct
ion Control I 1
�-
Name �l;[rants- - Telephone N. e-mail ad ressu Registration Number
Yl\ ern., o Q (!)kLl3
Street Address City/Town State Zip Discipline Expiration Date
10.2 General Contractor
umpany N me: (0
Name ers espuSt7le fur Construction �Lic�nse No. and Type if/�pplicab�let Q
C,1"\ p,V��
Street Address U y/Town
( 911 2- 1 gsZ�B __ /l/i?ln��CcyJSd�cKJ�cdni JW ezoN.tJ
Telephone No. (business) Telephone No.(cell) - e-mail address
SECTION 11:WORKERS'COMPENSA110N INSURANCE AFFIDAVIT(M.G.L.c.152.§ 25C(6))
A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and
submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit.
Is a signed Affidavit submitted with this application? Yes O No ❑
SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE
Estimated Costs: (Labor t d 0d Q
Item and Materials) Total Construction Cost(from Item 6) _$ r
1. Building $ O1 Off. E� Building Permit Fee=Total Construction Cost x_(Insert here
2. Electrical $ appropriate municipal ffac/to =$
3. Plumbing $ Note: Minimum fee=$ (c t mctp ality)
--'-d.! 6
4. Mechanical (HVAC) $
5. Mechanical (Other) $ Enclose check payable to
6. Total Cost $ (contact municipality)and write check number here
SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT
By entering my name below, I hereby attest Under the pains and penalties of perjury that all of the information contained in this
�! 11 1 cation is true an c z
d accurate to the bes y k o%%leU e and understanding.
/ � zo /J rJAA�/Z 60 -7_17- Bh
11 e , wdon ign name "I leTelephone No. Date
titreel addrew City/Tuwn &70�,', Slate Zip
n Municipal Ispector to fill out this section upon application approval:
Name Dale
CITY OF SMX. Nf, 1ANSSACHUSETTS
• BUILDING,DUARM&NT
120 WASHINGTON STREET, lea FLOOR
TEL (978) 745-9595
FAX(978) 740-9W
Kl.,iBFRr EY DRISCO[1
I
.�►YOR �iOhtA.S ST.PIEItRs
DIRECTOR OF PL13LIC PROPERTY/11V I DING CO.NLNQSSIONER
Workers' Compensation Insurance Afi'Jdavit: Builders/Contractors/Electrlcians/Plumbers
4 r licant Information Please Print Legibly
Nana (eosin.0rS4ni:anotiln uhvjrdual): z
Address:� FOyr�II in S�r2
City/State/Zip: t S[,f'kc-t\,/t' A Olq g Phoned/:
,%re you to employer?Check the appropriate bo Type of project(required):
1. I am a employer with 4. I am a general contractor and 1 6. ❑New construction
employees(full and/or part-time)." have hired the subcontractors
2.❑ 1 am a sole proprietor it partner- listed on the attached sheet : ?• ❑ Remodeling
ship and have no employe= These subcontractors have V. ❑ Demolition
working for me in any capacity. workers'comp.insurance. 9. ❑ Building addition
(No workers'comp. insurance 5. ❑ We are a corporation and is 10.❑ Electrical repairs or additions
required.] otTcen have exercised their
3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions
myself.[No workers'comp. c. 152.41(4),and we have no 12.0lo-of repairs
insurance required.] t employees. (No workers' 13.❑Other
comp. insurance required.)
.Any applicant that cher:b boa sl must also rill out the section ttclow showing their workers•compossadon policy infumtatlon.
t i Lvmeownen who submit this affidavit indicating they ans doing all work and than hire outside comments,must submit a new affidavit indicating stick
{'.•ntranon then check this bat mug attached an additional sheer showing the some of dw sati enmractors and their workan'comp.policy infwmauw. -
I am an employer that!s providing workers'compensation lnsaraace for my employees. Below is the podry and Job site
information.
Insurance Company Name:
Policy H or Self•ins. Lie. N: Expiration Date: t
fob Sire Address: � 00 C oy ad,zs S City/StatrlZip: �h(et' I UL`o,
kttacb a copy of the worker'compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to 51.500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to 5250.00 a day against the violator. Ile advised that a copy of this statement maybe forwarded to the Office of
Invcoigatiuns of the DIA for insurance coverage vcritication.
/do hereby cart' u rder the p 'ns d p n /Iles perjury that the in/sormmlan provided above is true and correct.
�n•n- t tr �. Datc: 9
Peon d: ZR
Official use anly. Do not write in this area, to be completed by city or town o icimi I
City or Town: _ PcrmiVl.lceme M—_.._ _
i
Issuing.%ulhurily (circle une): —_ - —
1. Board of Mullis 2. Building Department 3. C'ily/rown Clerk J. Electrical Inspector 5. Plumbing Inspector
6. Other
Gnuact Person: _ .. __. __ Phone lt:
' CITY OF SALEM
Is �; PUBLLC PROPRERTY
DEPARTMENT
' I - I_. \+ r . l:'.r. � '.l,il l r � �+II \I, \I\••\r .I-r
' 111 'r'V '1: 14r: � t +\ 'r•.V 'J_ r�lr,
Construction Debris Disposal AIlidasit
(required for all demolition and rcno%allon \volk)
In accordance +s Ith the sixth edition of the State Building Code, 780 CNIR section I 1 1 5
Debris, and the provisions of'.N1GL c 40, S 54:
Building Permit 0 is issued with the condition that the debris resulting from
this work shall he disposed of in it properly licensed waste disposal lacility as detincd by MGL c
111. S 150A.
The debris will be transported by:
1 name ul Ilmlltr)
I he debris will be disposed of in
(mine rd Ixl nv�)
�Lnldre.. Ilr puhlyt
•il'IIJIWC h'l 11 111 .l l 11
D
late
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Office of Consumer Affairs an Bus>ness Regulation
1.0 Park Plaza - Suite 51.70
Boston, Massaousetts 02116
Home Improvement Contractor Registration
Regietration: 163594
- - - Type: Private Corporation
Expiration 7/8/2011 Tr# 286027
GEMINI E TERIORS INC.
ENRIGUE REYNOSO
202 BLOSSOM ST EXT --
LYNN, MA 01901
_ Update Address and return card.Mark reason for chauge
Address !—" Benewai (` Employment ❑ Lost Can
OPSCAt rS SeM04lOQ-a101218
Office or cosaamer AfPa.rd&Business 6exW2tioo License or registration valid for individul use only
HOME IMPROVEMENT CONTRACTOR before the expiration date. U found return to:
Registrationp 163594 Office of Consumer Affairs and Bosluess Regulatlon
10 Park Plaza-Suite 51.0
Expiration::: 7L8/2011 Tr# 285027 Boston,MA 02116
7ypei PrlltatC'Oorporation
GEMINI EXTERIORS INC. „;
ENRiOUE RI1YN0S'0 *' �-
202 BLOSSGM,ST EXT
LYNN,MA 01901 Undersecretary Not q rd Without atum
03/31/2009 15 :34 FAX 7915992423 a 001/002MLORD
_
CERTIFICATE OF LIABILITY INSURANCE OAS/31/ 009
PRDDucER 781.598.3050 FAX 781.598.2423 INFORMATION
THIS CERTIFICATE IS ISSUED A$q MATTER OF INFORMATION WDodward, Wilkens & Foy FAX
LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
156 Broad St - Suite ZOZ HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Lynn, MA 01901 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC 0
INSURED Tm Exteriors Inc INsuRERA: National Grange Mutual 1g7gg
202 Blossom St Ext INSURERS:
Suite B INSURER C:
Lynn, MA 01901 INSUREI'D:
MSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN VS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR P Type OF INSURANCE POLICY NUMBER POLICY EFFFCTNE POLI FIRA D LIMrtS
cmro
ENERALugBluiY 54
MPK0272N 05/04/2009 OS/0412010 EACH OCCURRENCE $ 1,000.000
X COMMERCIA GENERAL LIABILITY DAMAGE TO RENTED 1
CLAIMS MADE O 500 00
Uq MEDFXP(A,ryWlePel�on) S -10,0
A PERGONALBAOV INJURY S 1,000.00(
OENERALAGGREGATE is 2,000,0
GEN'L AGGREGATEPM17 APPLIES PER: PROOUCTS-COMP/OPAGO S 2,000,OO
POLICY JECT ILOC
AUTOMOBILE LIABILITY M90272N 05/04/2009 05/04/2010 COMBINED SINGLE LIMIT
ANY AUTO (Ea adtl I) S
ALL OWNED AUTOS 1,000 O
X SCHEOULED AUTOS BODILY INJURY 1
X HIRED AUTOS
NON-OWNED AUTOS BODILYI i) $
PROPERTY OANAGE S
(Per Aetldenll
GARAGE UAIMUTY AUTO ONLY-EAACCIDENT S
ANY AUTO
OTHER THAN EA ACC S
AUTO ONLY: AGO S
EXCESSNMBRELLALIAINLITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE S
S
DEDUCTIBLE S
RETENTION S S
WORKERS COMPENSATION AND WCK027ZN OS/p4/2009 OS/04/2010 We STATU C -
EMPLOYERS'LIABILm
gj
A ANY PROPRIETOR/PARTNERIE%ECUTIVE E.L.EACHACCIDENT S 1.000 Q
OFFICEPIMEMBER E%CLUDED9
Ifyes aesn0eunder E.L,DISEASE-EAEMPLOYE S 110001000
$PECML PROVISM 4d1. EL.DISEASE
OTHER POLICY LMIT 8 1 O00,0O
DESCRIPTION OF OPERATIONS I LOCATIONS I HIL-ES I EXCLUSIONS ADDCD BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER CANCELLA-nqN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BB CANCELLED BEFORE THE
MPI RATION DATE THEREOF,THE ISSUING INSURBR WILL ENDEAVOR TO MAIL
A L Construction 10 DAYS WRITTEN N ETO THE CBRTPICATE HOLDER NAMED TO THE LEFT,
Attn: Angel BUT FAIL RE OMAIL SUCH N TILE SHALL MPOSE NO OBLIGATION OR LABILITY
2 Fourth Street OFANYKI D N INSu F6 AGENTS OR REPRESIYVATIVEA.
Ipswich, MA 01938 AUTHbAuGO R
ACORD 25(2001108) FAX: 617.217.85Z8 ® CORD CORPORATION 1988
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fSitice��esumer ifiir�� usieesa egu7atioe��.
HOME IMPROVEMENT CONTRACTOR.
Registration: 163617
Expiration: 7/8/2011 Tr# 286050
Type: DBA -
A&L CONSTRUCTION
ANGEL LOPEZ
2 FOURTH
IPSWICH, MA 01938
Usdersecrefary
oard of Building R u ations and Standard,
onstruction Supervisor License
License: CS 96905
B i rthdate: 11/20/1970
Expiration: 11/20/2010 Tr# 96905
Restriction: 00
ANGEL LOPEZ
4 FOURTH STREET --G-_ �• �j=mac
IPSWICH,MA 01938
Commissioner -
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