37 DEARBORN STREET - BUILDING JACKET 77 K-- /CT C)/f Ad
CERTIFICATE ISSUED
H Q DATE 1/6/93
('
CITY OF SALEM
SALEM, MASSACHUSETTS 01970 BUILDING PERMIT -
a�E CERTIFICATE OF OCCUPANCY
_ DATE `W\rte }9 P92 ERMIT NO. yj6`J`
APPLICANT nobert A",crsilia ADDRESS a
W' y11N0.1 (STREET) ICOM:!R'S LICENSLr
PERMIT TO REi�k�VAmi�V I_1 STORY a lIE1�•'• DWELLLRING UNITS OF ��
Ir.A( OI,IMIROv[ML M\I N0. 1>ROPOS(0 USE)
AT )LotArloN) 3' Daurborn Stre@- Ward 6 ZONINGc *— 11 —
IN0.1 ISTREE11
BETWEEN AND
1[ROSS STREET) ICRO55 Si RC[*I
LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING IS TO BE FT. WIDE P, FT. LONG BY FT. 1N HEIGHT AND SHALL CONFORIA iN CONSTNUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION_
IrrPEI
[ svlet intericr rexwaticn ar existing room abov% garage: ,-a i., use:. las toIULIY rccr_
REMARKS:
CAL.. w:? PMari' TC) OCCWD£ K ,-9545
AREA OR L�EELL�y�EE'p�S�SEYV YCSSiYYI AYIp�oil
VOLUME - MYn 4vSu3
L.BIL SOVME F(ET1
.JOt1I1 iCL1 S@V Sally Wi1scri srEmwls'w srRlbaT1A)R T1sR+IORv1 b0 a apt low ON
PRE FIs v10
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OWNER TOB(`POS.T EO OM PREMIS[5_
ADDRESS Y UC GrIs n St.Sa1�!,,MA 01y7C SEE REVERSE SIDE'GLY�IOO RD4TIOijr&JZERT IF KATE
31S5ISTAt .' Leo E. Tremblay
BUILDING INSPECTOR
ofttlem, Httssttcl�use
0 '.r I �5ourb of �U}7Pt11
DECISION ON THE ,PETITION OF JOHN AND SALLY KELSEY FOR A SPECIAL PERMIT AT
37 DEARBORN STREET (R-1)
A hearing on this petition was held on April 19, 19£9 with the following
Board Members present: James M. Fleming, Chairman; Richard A. Bencal,
Vice Chairman; John R. Nutting, Secretary; Edward Luzinski and Peter Strout.
Notice of the hearing was sent to abutters and others and notices were
properly published in the Salem Evening News in accordance with M.G.L. C.40A.
Petitioners, owners of the property, are requesting a Special Permit to allow
attachment of a two-car garage with storage above, a mud room and extension
of kitchen in this R-1 zone. Petitioners were represented by Attorney John
R. Serafini, Sr.
The provision of the Salem Zoning Ordinance which is applicable to this re-
quest 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 Appeals 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 struc-
tures, and for changes, enlargement, extension or
expansion of nonconforming lots, land, structures,
and uses, provided, however, that such change, ex-
tension, 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 find-
ing 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. Several letters were submitted in favor of the plan;
2. No opposition was submitted to the plan;
3. The proposed site is the only realistic place for the addition;
4. The addition will not be substantially more detrimental to the
neighborhood;
5. The placement of the addition in the proposed location would be in
harmony with the architecture of the existing dwelling.
DECISION ON SPECIAL PERMIT AT 37 DEARBORN ST. , SALEM
page two
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 proposed additions will not be substantially more detrimental to
the neighborhood;
2. The proposed additions will promote the convenience and welfare of
the inhabitants.
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Fleming opposed) to
grant the Special Permit requested subject to the following conditions:
1. All construction and dimensions are to be as per the plans submitted
with all construction to be done as per existing City and State
Building Codes and by legal building permits;
2. Petitioners meet all requirements of the Salem Fire Dept. ;
3. A Certificate of Occupancy for the additions be obtained;
4. New exterior finishes be in harmony with the existing finishes;
5. The space above the garage shall not be used as an in-law apartment
or dwelling unit.
SPECIAL PERMIT GRANTED
'Richard A. Bencal
Vice 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 11 OF THE MASS.
11ENEP.AL LAWS, CHAPTER 808, AND SHALL BE FILED V41THIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PUn$fiiT 10 MASS. GENERAL LAWS, CHAPTER BCR, SECTION It. T!T ':' ^.GiIC F. O? $?FC LAL PE Rta IT
^1'*,'ED HEREIN, SHALL NOT TARE EFFECT UNTIL A COPY OF TH? ^.'Y'1 T.:S rf RT-
'.:r fHE CITY CLERK THAT 20 DAYS HAVE ELAPSED 'VF! C. "r H
.,8 THAI, IF SOI.H AN APPEAL HAS BEEN FILE. THAT IT hAS GCE": _. .k u_....
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDE,,EC JN.! a! 14 .lA:.ii _r ..._ ;SVN'R
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
Q���DING DEPT
SERAFINI, SERAFINI AND DARLING SEP "
L
ATTORNEYS AT LAW U l' �J� Nr'�
pu
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970 C'TYQFSALem,MASS
JOHN R. SERAFINI, SR, TELEPHONE
JOHN R. SERAFINI,JR. 5 08-744-0212
JOHN E. DARLING 617-5 51274 3
LEWIS E. ANYONE,JR.
TELECO PIER
WENDY L. THAYER
508-741-4683
September 21, 1989
Mr. John Kelsey
37 Dearborn Street
Salem, MA 01970
3Re:Fence - 37_Dearborn St., Salem
Dear John:
As per our conversation, I understand that you are going to
readjust the fence on your property to comply with the existing
zoning regulations.
I am sending a copy of this letter to David Harris, the
Assistant Building Inspector in Salem, so that he is aware of your
intent.
Sincerely yours,
1 HN R. SERAFINI, SR.
JRS,SR/cw
cc: David Harris, Asst. Bldg. Inspector_
Salem, Massachusetts
C37 Dearborn Street
Salem, MA 01970
September 21, 1989
cr
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Mr. David J. Harris o A ry r
City of Salem "rn o
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Building Department Co
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One Salem Green ^,rnCO
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Salem, MA 01970 ="
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An �.
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Dear Mr. Harris:
In response to your letter received Monday, September 18, 1989,
regarding the fence which is in violation of the local building
ordinances, we intend to comply with the regulation.
We are contacting the contractor who built the fence this week
in order to price reducing the height and to establish a schedule
for the work.
Your letter of September 13,' 1989, stated that youhavehad no
response to the first notification to us. However, we have been
assured that our attorney, Mr. John Serafini, Sr'., has contacted
you several times and discussed this matter with you on our behalf.
We will be notifying Mr. Serafi.ni of our intent to comply with
the zoning regulation.
Sincerely,
M. K sey
j
cc: Mr. John afini, Sr.
• SENDER: Complete items 1 and 2 when additiohal servicas are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you.The return receipt fee will rovide ou the name of the arson delivered
to and the date of deliver .Fora niona Tees The o owing serwcea are avai a e.Consult postmaster
Tor Tees an c ec c oz est for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Fxtra charge)
3. Article,Addressed to: 4. Article'Number
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Type of Service:
- h 7 ❑ Registered ❑ Insured
,7 Certified ❑ COD
7 D Express Mail ❑ Return Recei t
for urn Racechang,t
as
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Sign8. Addressee's Address (ONLYif
t re — s
X requested and fee paid)
6. Si ure —Ag nt
X
7. Date a of
PS Form 3811,, Mar. '1988 + U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT
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UNITED STATES POSTAL S H1/ICEP M 4
OFFICIAL BUSINESS o --"
19 SEP �
SENDER INSTRUCTION /9 9
Print your name,address and ZIP C '• ....•.:.••• �+.,
in the space below.
• Complete items 1,2,3,end 4 on the
US MAIL
MOM. ��
• Attach to front rw of article R apace
permits, otherwlee affix to beck of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, $300
Requested"adjacent to.number.
RETURN Print Sender's name, address, and ZIP Cc in the space below.
TO
�ylGr 1 /9�0
P 152 922 798
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Revei VJ
Sent to
Sire and
7,4
P.O Sta and otl
Postage S
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
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Return Receipt showing to whom.
Date,and Address of Delivery
d
j TOTAL Postage and Fees p D
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000 Postmark or Date
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (sae front)
I If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service window or hand it to your rural carrier.
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date, detach and retain the receipt, and mail the article.
3. It you want a return receipt, write the certified mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee.endorse
RESTRICTED DELIVERY on the front of the article.
-5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested,check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and present it if you make inquiry. ^U.S.G.P.O.198821 b1 32
Citp of *a[em, ongacbUottg
Public Propertp department
Anne ' Wilbing department
One balem arren
745-9595 Oxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
September 13 , 1989
Sally E . Wilson &
John M . Kelsey
37 Dearborn Street
Salem,MA 01970
RE : 37=DearborStreet
Dear Ms . Wilson & Mr . Kelsey ,
Please be advised that you are still in violation of the
City of Salem Zoning Ordinance , section 6 , Table I , regarding
height of fences .
We have not received any response regarding this violation
from the first notice which was mailed July 5 , 1989 . Therefore ,
If we do not receive any response within seven days from receipt
of this letter , we shall seek a complaint against you in Salem
District Court .
Sin rel/yy ,
� �awJ� ��lCYilie,��L
David J . Harris
Assistant Building Inspector
DJH/eaf
C . C . City Solicitor
Ward Councillor
I P M e�p,
UNITED STATES POSTAL SERVICE ,.
OFFICIAL BUSINESS
o;
SENDER INSTRUCTIONS ly jf JUL q ���"'""`a•
Print your name,address entl ZIP Code �98a •rT�+ra.,x
In the apace below.
• Complete Items 1,2,3,and 4on the . U.S.MAILJ
reverse. �O
• Attach to front of article R space
permits, otherwise affix to back of
article. PENALTY FOR PRIVATE
• Endorse article "Return Receipt USE, 3300
Requested"adjacent to number.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO
David J. Harris/Bldg. Dept.
One Salem Green
Salem, MA. 01970
IH„t,,,NLI„it,Jlh,,,tlLittlLd,l,ll,ih,,l1
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you.The Tatum receipt Paae will provide you the name of the person delivered
to and the date of delivery.For a3�iona eel i s the o Ing services are avaT e. onsu6lZ It postmaster
Tor Tees and c ecc ox es for additional service(s) requested.
1.)&X6how to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
John Kelsey & Sally Wilson
Type of Service:
37 Dearborn St. ''�❑�yy Registered ❑ Insured
Salem, MA. 01970 )b Certified ❑ CDD
❑ Express Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
S A or agent and DATE DELIVERED.
5. 'g ature ass 8. Addressee's Address (ONLY if
X V` requested and fee paid)
X I nature - A it
Q
7. Date of Delive d
PS Form 3811, Mar. 1988 • U.S.G.P.O. 1988-212-885 DOMESTIC RETURN RECEIPT
P 152 922 833
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to )-n M. Keisey
Sally E. Wilson
Street and No.
37 Dearborn St.
P.O., State and ZIP Code
Salem MA. 01970
F Postage S
F 2.00
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
N
Return Receipt showing to whom.
Date.and Address of Delivery
v
j TOTAL Postage and Fees 5
2.00
p Postmark or Date
c�
E
0
LL
N
6
STICK POSTAGE STAMPS TO ARTICLE TD COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(sea front)
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a past office service window or hand it to your rural carrier.
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date, detach and retain the receipt.and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends i1 space per-
mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return
receipt is requested,check the applicable blocks in item t of Porm 3811.
6. Save Ill is receipt and present it if you make inquiry. " U.S.G.P.O.1988217 132
Citp of Galen Aaaacb gettg
+1 r Public Propertp Mepartment
��4YIIYB Nuitaing Mepartment
One 6alem oreen
745-9595 GCxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
July 5, 1989
John M. Kelsey & Sally E. Wilson
37 Dearborn St.
Salem, MA. 01970
RE: 37 Dearborn Street
Dear Mr. Kelsey & Ms. Wilson:
Due to complaints received at this office, a site visit was made at
the above referenced property for possible zoning violations.
Please be advised that you are in violation of the City of Salem
Zoning Ordinance, Section 6, Table I in regards to the height of fences.
Fence Height in an R-2 district is six (6) feet.
Please contact this office within seven days of receipt of this letter
for further assistance.
Sincly,
�rlt w �� 2z A�
David J. Harris
Assistant Building Inspector
DJH/jmh
c.c. City Solicitor
Ward Councillor
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�°.` �. ° °" .�` ~-
C|7YUF $ALEN.MAST
2 Lee Street
Salem, Mass . ~~
()197O
6/23/89
Dear Mr , Munroe :
Recently , I looked into the possibility of erecting a fence
which I have since put on hold . However , in the process of finding out
the legalities concerned with size , length , width , height , etc " v I was
told that no section of the fence could exceed 6 feet unless a
variance was obtained . This surprised me as the people at the corner
nf my str je) have constructed a section of fence
that far exceeds the 6 feet limit `
After checking with City Hall , I found that John Kelsey and
Sally Wilson never obtained the necessary papers . Some neighbors and
myself feel that this should be looked into and were directed to write
to you " Thank you for your help and consideration "
Sincerely , ^
Nancy C . Davidowicz
745-4197
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI. SR. TELEPHONE
JOHN R. SERAFINI,JR. 508'7440212
JOHN E. DARLING 617-581-2743
LEWIS E. ANTONE,JR. TELECOPIER
WENDY L.THAYER 508-741'4663
July 14, 1989
Building Inspector's Officej� �fe���/
1 Salem Green C �
Salem, MA 01970
Art: David Harris
C) C
Dear Mr. Harris: r aD
Mr. John Kelsey has talked with me regarding the letter nm v
c
from you concerning the fence on his property. n c Cm —
I would like to talk with you on Tuesday, July 18th. 'a o
as m
Sincerely, co
(Fi �
CO
John oerafini, Sr.
JRS/iaf
CC: John Kelsey