156 DERBY STREET - BUILDING JACKET 156 DERBY STREET f
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City Of Salem
Building Department
120 Washington Street
Salem, MA 01970
Nwit
In
CITY OF SALEM, NLLIsSACHUSETTS
BOARD OF APPEAL
O.z
120 WASI[ING I ON S I IWI;I # 30 P 2: 00
Ki,\tfw'Rjj:N Ditis(oij. 978-745-9595 F.\x:978-740-9846
M\�Olt FILE 4
CITY CLEPK, 03ALF.Pl, MASS.
December 30, 2013
Decision
City of Salem Zoning Board of Appeals
Petition of SPIRO KOUNSALIEH requesting a Special Permit tinder Section 3.3 Nonconforming
Uses and Structures of the Salem Zoning Ordinance to change from an existing nonconforming use
to another non-conforming use; a Variance tinder Section 5.1.2 Location of the Salem Zoning
Ordinance to allow required parking to be located on a separate lot; Variances under Section 4
Dimensional Requirements of the Salem Zoning Ordinance to allow encroachment on the minimum
allowed width of side yard and minimum allowed depth of rear yard, and relief from the maximum
allowed lot coverage by buildings, at the property located at 156 DERBY STREET (BI Zoning
District).
A public hearing on the above Petition was opened on December 18, 2013 pursuant to NI.G.I. Ch. 40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: [\IS.
Curran (Chair), Nis. Harris (Vice Chair), Mr. Dionne, Mr. Watkins, and Mr. Eppley (Alternate).
The Petitioner seeks Variances from Section 5.1.2 Location and Section 4.0 Dihiensional Requirements, and 21
Special Permit under Section 3.3 Afoncotr bimiq Uses and Stmaw-es, of the Salem Zoning Ordinance
Statements of fact:
1. Attorney William Quinn ofTinti, Quinn, Grover & Frey, P.C. presented the petition for the property
at 156 DERBY STREET (BI Zoning District).
2. [n the pe6rion, date-stamped October 30, 2013, the Petitioner requested:
I. A Special Permit under Section 3.3 Noncorrloiminlg U.i-es andSimames in order to change from
one nonconforming use to another
2. A Variance from the provisions of Section 4 Dimenillonal lZeqidirmelils for relief from the 10
foot minimum width of side yard requirement, the 30 Foot tualunalm depth of rear yard
requirement, and the 40 percent maximum lot coverage by all buildings requirement, of tile
S',lICM Zoning Ordinance. See the table below:
tg. uffenil,��
u�Iinimum width of side yard 10 0 0
btininwm depth of reac yard 30 2.6' 2.6'
Maximunt lot coverage by buildings 411"') 69 9"ll
Cit ofSaletIII oardof Appeals
December.30, 2013
Project: 156 Derbv Street
Page 2 of 3
3. _\ Variance from the provisions of Section 5.1.2) Location for relief from rhe requirement that
all parking spaces be on the same lot as the building or use which they are intended to serve.
3. The requested relief, if granted, world allow: a residential unit on the third floor of the existing
building, the reconstruction of an existing stairway so that it complies with building code and to locate
it entirely on the applicant's property• where it had previously encroached onto a neighboring
property, and to allow the required parking for the two residential units to be located across the street.
4. There is an existing nonconforming use of the building (a restaurant with one residential unit) as there
is currently a residential unit on the second floor of the property, which has been in use since at least
1965. Additionally, the 2006 Decision of the "Zoning Board regarding this property specifically
mentions the existence of the residential unit. The Petitioner seeks to change to another non-
conforrniug use (a restaurant with two residential units).
5. The Petitioner submitted a copy of a parking lease to provide three (3) off-street parking spaces for
exclusive use by the residents of the tvo residential units, at Captain Dusty's, 143-t 47 Derby Street,
for a period of five (5) years, with an unrestricted option to extend the lease for an additional five ,year
period.
6: At the public hearing for the petition, the board considered the comments of interested persons who
spoke in favor of the petition. There were no comments submitted in opposition to the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, snakes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings
1. The desired relief may be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the City of Salem Zoning
Ordinance, as off-street parking has been secured.
2. The location of the builditng on the lot, and the location of the neighboring building relative to the lot,
creates a hardship that justifies the variances required for the rebuilding of the stairs.
3. The proposed non-conforming use is not more detrimental than the existing non-confortning use.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(\Is. Curran — Chair, Ms. Harris — Vice Chair, Mr. Watkins, Mr. Dionne, and Mr. Eppley in favor) and none
(0) opposed, to approve the Special Permit to change from an existing nonconforming use to another non-
conforming use; the Variance allow required parking to be located on a separate lot, and the Variances to
allow encroachment on the minimum allowed width of side yard and minimum allowed depth of rear vard,
and relief from the maximum allowed lot coverage by buildings, subject to the following terms, conditions,
and safeguards:
I. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. ;All construction shall be clone as per the plans and dimensions submitted to and approved by the
Building Commissioner.
3. :All requirements of the Salem Fire Department relative to smoke and fire safery shall be s ricrk
adhered to.
f. Pctirinner :hall obrain a huildinl-, permit prior ro heginning snv construction.
5. :A (.Cl tifiCarC of()ceupancy i,a to be Obciincd
i
City ofSale III IiolmI ofAppeats
Dcccmbcr 30, 2013
Project: 156 Derby Street
Page 3of3
G. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
S. Petitioner will provide proof of current lease to the Zoning Enforcement Officer for three off-street
parking spaces, to be renewed as necessary. petitioner will report on the leases at S year intervals
from the execution of the first lease. Failure to file a current lease for 3 parking spaces within
reasonable distance of the residential units will result in a mandatory appearance before the Board of
Appeals for review and potential revocation of approval.
Rebecca Curran, Chau
Board of Appeals
A COPY OF THIS DECISION FL\S BEEN FILED WITH THE PLANNING BOARD AND THE CITE'CLERI:
Appeal/iron this decieion, fag, shall be made purruant to Section 17 0l the r l mathruelts General Link's Chapter 10.1, and shall be
filed rvilhin 20 days o(Jiling If this dechion in the ggke of the Gly Clerk. Pursuant to the ddassachnselts General Luo Chapter 10A,
Se,lion /1, the G ariance or Special Permit granter/herain shall not take e11ea until a copy of the de,ision bearing the certlficale of the Cip-
Clerk heir been filed rvilh the L?nz.% Soulh Registry of Deeds.
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CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3 FLOOR
TEL. (978) 745-9595
FAx(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTYIBUILDING COMMISSIONER
February 7, 2013
Spiro Konsalieh
156 Derby Street
Salem, Massachusetts 01970
RE: 156 Derby Street
Our Department's recent inspection of the above referenced property revealed that an
illegal dwelling unit has been created on the third floor.
The foliowine actions are required immediately to bring the property into compliance
with the Massachusetts State Building Code and City of Salem Zoning Ordinances:
1. You are to cease and desist occupying the third floor unit.
2. File building Permits and arrange inspections for the complete removal of the
third floor kitchen, bathroom, laundry area including removal ofplumbing behind
the finished wall, any and all partitions that constitute a living or sleeping area in
any way.
3. Submit a signed and notarized affidavit that you shall not occupy the third floor
unit until all work itemized above is completed and signed off by this department
and any other City department having jurisdiction.
You are hereby directed to immediately contact this Department upon receipt of this letter to notify it of your
course of action to bring your building into compliance. Failure to respond to this notification will be
construed as non- compliance, with issuance of Municipal tickets and including the filing of criminal
complaints at District Court.
As previously stated in our Department's letter of March 16, 2005 (see attached) this Department has no
record of special permits, variances or building permits for these units. If you feel you are aggrieved by my
zoning interpretation, your Appeal is to the Salem Zoning Board of Appeals,remember the burden is yours to
produce special permits, variances or building permits for these units. If you feel you are aggrieved by the
Building code sections,your Appeal is to the Board of Buildings, Regulations and Standards in Boston.
c
�` CITY OF SALEM MASSACHUSETTS
I�iS A BUILDING DEPARTMENT
'����,� IN WASHINGTON STREET,3"°FLOOR
''e�r,,,,;,� TEL. (978) 745-9595
FAx(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THomm STTIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
Respectfully,
Michael Lutrzykowski
Assistant Building Inspector CO y
cc: file,Health Department, Fire Prevention
1/7
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CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RO FLOOR
IN60� SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
March 16, 2005
Spiro Konsalieh ®Py
156 Derby Street
Salem, Ma. 01970
RE: 156 Derby Street
Dear Mr. Konsalieh:
I was called by Salem Fire Prevention and Salem Fire Department to your business to
inspect the premises.
The report from the Salem Fire Department mentioned problems with the fire alarm on
all three floors. It is understood that you are working to correct the alarm problems.
The inspection of the second and third floor revealed the existence of an apartment on the
third floor.
City records indicate only two units should be present. A restaurant on the first floor and
an apartment above. There are no records of zoning applications and required permits for
a third unit.
It is also apparent, the unit has only one egress and even that egress has a code violation
relating to the portion of the stairs that was once a part of a winding staircase.
You are in violation of Salem Zoning Ordinance Section 8-4.
You are also in violation of the Massachusetts State Building Code 780 CMR Sections:
110—Application for permit
111 —Permits
115 —Inspections
713 —Floor and ceiling assemblies
10 10.1 —Required exits
Also, the Salem Board of Health does not have Certificate of Fitness as required by City
Ordinance.
You are directed to cease and desist occupying the third floor unit. You are further
directed to secure the necessary permits to dismantle the third unit.
If you feel you are aggrieved by any item in the building code, your appeal is to the
Board of Building Regulations and Standards in Boston. If you feel you are aggrieved by
my zoning order or interpretation,your appeal is to the Salem Zoning Board of Appeal.
The issue of the Certificate of Fitness should be directed to the Board of Health.
If you have any questions, please contact me directly.
Failure to comply with these orders will result in a complaint being filed in Salem
District Court.
Sincerely,
Thomas St. Pierre
Building Commissioner
Zoning Enforcement Officer
cc: Kate Sullivan, Mayors Office
Fire Chief, David Cote
Fire Prevention, Lt. Erin Griffin
Health Department
o CITY OF SALEM, MASSACHUSETS
BOARD OF APPEAL T(TY, -GF SAMA
.Aw E c n„:
120 WASHINGTON STREET, 3RD FLOOR yLE�� � FIEEN
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978)-740.9846
STANLEY J. USOVICZ, JR. ' .1QOU.FEB -3 P- 2- 53
MAYOR
DECISION OF THE PETITION OF SPIROS KOUNSALISH REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 152-156
DERBY STREET B-1
A hearing on this petition was held January 21,2004 with the following Board Members
present: Nina Cohen, Stephen Harris, Richard Dionne, Nicholas Helides and Bonnie
Belair. 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 enlarge a nonconforming structure and a
Variance from front, side and rear setbacks and lot coverage to construct a single story
addition for the property located at 152-156 Derby Street located in a B-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), 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
a
DECISION OF THE PETITION SPIROS KOUNSALISH REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 152-156 DERBY
STREET B-1
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. Attorney Bill Quinn presented the petition. Attorney Quinn noted that the size of
the addition is 26 x 28, existing seating capacity is 33 and the petition is to
increase the seating by 35 seats, bring the total seating capacity to 68. The
proposal will eliminate four parking spaces while retaining one handicapped
parking space.
2. Attorney Quinn noted that the existing building is presently non-conforming and
the site/lot space limitations create a hardship. Attorney Quinn presented printed
material or comparable court cases.
3. The petition is a request to expand an existing non-conforming building.
4. The second floor of the building is presently used as two apartment units that will
remain.
5. Existing zoning is B-1
6. Attorney Quinn noted the parking issue for all businesses and residents in the
area, and offered that the petitioner will offer valet parking for the busiest evening
hours of operation.
7. Nina Cohen, Chairman of the Zoning Board of Appeal noted that there is a
density issue which is being created and asked for the petitioner to address it.
8. The density issue was responded to by the petitioner's project architect who
responded that the existing site open space was utilized for parking and therefore
there was no additional density being created by the petitioner.
9. Ms. Readon owner of the Pig's Eye restaurant spoke in opposition of the petition
based on the loss of the existing on site parking, while complimenting the
petitioner on the operation if his business.
10. The owner of 156 Derby Street spoke in favor of the petition.
11. George Osgood, owner of the property on Derby Street which houses the Salem
Beer Works and, Dunkin Donuts spoke in favor of the petition.
12. Mark Wookcock form Clark Properties spoke in favor of the petition.
13. City Councilor Joseph O'Keefe spoke in favor of the petition
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
DECISION OF THE PETITION OF SPIROS KOUNSALISH REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 152-156 DERBY
STREET B-1.
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, 4 in favor and 1 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. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
6. Petition shall obtain a Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
Jurisdiction including, but not limited to the Planning Board.
8. Petitioner will provide valet parking during the evening hours of Thursdays, Friday
And Saturday, which will be subject to further review by the Zoning Board of Appeal.
Special Permit & Variance Granted
January 21, 2004
Nicholas Helides CsGM�
Board of Appeal
:F
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
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COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
C.A. NO. 96-1079
JAMES R. MICHAUD, - )
Plaintiff )
)
vs . )
SPIRO KOUNSALIEH, )
Defendant )
i N
m ^ DEPOSITION NOTICE AND SUBPOENA DUCES TECUM
PURSUANT TO M.R.C.P. RULE 30 (a) & RULE 45
F a TO: KEEPER OF RECORDS
BUILDING INSPECTOR
CITY OF SALEM
� s C� CITY HALL, 93 WASHINGTON STREET
SALEM, MA 01970
GREETINGS :
Z = YOU ARE HEREBY COMMANDED in the name of the
® ® Commonwealth of Massachusetts in accordance with the
provisions of Rule 45 of the Massachusetts Rules of Civil
Procedure to appear and testify on behalf of plaintiff,
JAMES MICHAUD, before a Notary Public of the Commonwealth,
d e at the office of RONAN & HOLMES, Attorney James J. Ronan,
No., 59 Temple Place, in the City of Boston, on the 15TH day
s of MAY, 1998, at 10:00 o' clock A.M. , and to testify as to
Y your knowledge, at the taking of the deposition in the
above-entitled action.
*And you are further required to bring with you
YOU ARE REQUIRED TO BRING WITH YOU ALL DOCUMENTS
RELATING TO INSPECTIONS, COMPLAINTS OF CERTIFICATES IN
REGARD TO 156 DERBY STREET, SALEM AND THE WITCH' S BREW
CAFE.
DOCUMENTS MAY BE FORWARDED IN LIEU OF APPEARANCE.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE CALL JAMES J.
RONAN (617) 338-0082 .
A TRUZ COQ
ATTEST LET
CO1VS, RICHARD�:
i
i
_2-
!! Hereof fail not as you will answer your default under the
pains and penalties in the law in that behalf made and
I provided.
Date1998
d L /
i
t
i
N t orney f r Plaintiff
e e J es J. onan
m 9 Temple Place
Boston, MA 02111
(617) 338-0082
BBO #548635
Notary lic
v MY COMMI OO Expires March 30,2001
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ATTA.9 P 71iD G. i t✓uk
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�I J of ialrm, gaSSMdjusetts
April 1, 1966
w""•" 'peO6 Derby Street
PETITION: Richard F. Dylengoski, 15 y
JO„N M. OMY -
LgT„UR l•[R[COV[
,o•["„ , ,o.�[ To alter front of cafe, remove street door to upstairs
e of
fisting second floor aporch tote on denlarge lexistiencloseldingex-
isting
and provide closet area.
The Inspector of Buildings refused to issue a permit for
these alterations since such alterations would be in vio-
lation of the Zoning Ordinance.
Petitioner appealed to the Board of Appeal for a variance
from the application of the Zoning Ordinance, ander hhehaer-
ing was held on this petition on March 289966, notices
office of the Inspector of Buildings, pursuant
mailed postpaid to the petitioner, abutters, Board Members
and others, and advertisements published in the Salem Sven- .
ing News.
C. Four Board members were present at this hsarin9p the fifth
member, Chairman John M. Gray, Sr. , being ill. Mr. and Mrs.
Dylengoaki appeared at the hearing and Mr. Dylengoski
stated the place is too small at present for his family.
He needs larger bedroom for two provide the itconvenienceice �
to make some other changes to pr orthe opposition.
his customers. No one appeared in
After due consideration thereof, the Board byunanimousnanimthat ou grants
four members present and voting on the gr
this variance would cause no detriment to the public good.
and wauld not substantially derogate from the intent and
purpose of the Ordinances granted the variance.
VARIANCE GRANTED ecr ary, A
CITY OF SALEM
NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction
Hist. Comm. Yes ❑ No ❑
REFERRAL FORM Cons. Comm. Yes 11 No 17
SRA Yes O No
Date: L A,
Address:
Complaint: ( Uoi !✓� v o i �i<c✓C /1.� cd ��!//� �i✓ �
Complainant: o Phone#:
Address of Complainant:
BUILDING INSPECTOR
FIRE PREVENTION ELECTRICAL DEPARTMENT
` HEALTH DEPARTMENT ITY SOLICITOR
V
ANIMAL CONTROL SALEM HOUSING AUTHORITY
PLANNING DEPARTMENT POLICE DEPARTMENT
TREASUREWCOLLECTOR ASSESSOR
WARD COT INCILLOR
DPW
.rsk i
SHADE TREE DAN GEARY
PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHf
WITHIN WEEK. THANK YOU FOR Y UR ASSISTANCE.
ACTION: '�. c �.C� 252 c� C_ /
? 7;t i
Tu
FILE/C. O. CORY
BUILDING
�ONDIT
CITY OF SALEM
PERMIT
SALEM, MASSACHUSETTS 01970
fis.
DATE
AUGUST 20 19 97 PERMIT NO. 472-1997
APPLICANT SF'IRO KOUNSALIEH ADDRESS I(of DERBY STREET (CONTR'S LICENSE)
SALEM - STATE MA ZIP CODE 01970 TEL.NO. 508-745-8717
CIN
NUMBER OF
PERMIT TO ROOF (_) STORY WITCH' S RREAi Qgf-E DWELLINGUNITS �+
(TYPE OF IMPROVEMENT) NO. ( ZONING -
AT(LOCATION) Q152 DERBY STREET 156 DISTRICT
INO.I (STREET)
AND (CROSS STREET)
BETWEEN (CROSS STREET) -
MAP 35 LOT 0348 BLOCK 208 SIZE 0003418 SQ FT
SUBDIVISION
BUILDING IS 70 BE
FT.WIDE BY FT.LONG BY F7.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (rYPO
REMARKS: INSTALLING ROOF TO COVER REFRIDGERATION UNIT AGAINST BLjILDING, L E. T
PERMIT
AREA OR ESTIMATED COST 1 1 3QI IZI FEE
VOLUME
(CUBIGSOUARE FEET) -
OWNER KINSLIEH SAL IM N BUILDING DEPT.
ADDRESS 156 DERBY ST BY
NT
THISON PUBALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHME S
LIC PROPERTY,NOTIS ECIFFIICOLLY PERMITTED UNDER CUPY ANY STREET.ALLEY HE BUI DWG 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 HE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. _.-_..-
CO!^!ONHFALiII OF ?LNSSACIIIISEriS
CITY OF SALEM
APPLICATION FOR CERTIFICATE OF INSPECTION
Date �/ /(g /7-7 (b<) Fee Required S 0,070
( ) No Fee Required
In accordance with the provisions of the Massachusetrs State Building Code. Sect:
108. 15. I herebv apply for a Certificate of Inspection for the below-named premises
located at the following ��address:
Street S Number
'I ff
Name of Premises �/, •
Purpose for which Premises is used
License(s) or Permit(s)..-required-for rhe pre=xsev by ocher Covernmenral, Agenciea.
• License or Permit A¢encv
c w
r m ti
0. a
LJ
a- o
Cprtiare to be issued to:
C9 -J
M UN Address:_444, 0- z—C�fl
JOwnerow4 Record of Building: � r-j el
r Address:
CIDw
NZA' of Present Holder of Certificate: .¢-
Name of Agent, if any.. .
Signature of Person to wnom uerr:_ficare TITLE
is issued or his/her authorized agenc 1 -7 /.-/t _ t I Gr
I Date /
INSTRUCTIONS: Day time phone t l a
1. Hake check payable to: The City of Salem
2. Return this application with your check to: Inspector of Buildin¢s. Clry of Salem
Buildinz Devartment. One Saler Green. Salem. MA. 01970.
PLFAgE NOTE:
1. Application form with required fee must be submitted for each building or structure
of part thereof to be certified.
2. Application 6 fee must be received before the certificate will be issued.
J. The building official shall be notified within ten (10) days of any change in the
above information.
CERTIFICATE I 9y-�� EXPIRATION DATE:
PERIODIC INSPECTION REPORT
This form is to be completed each time a Periodic Inspection is made. At the time
a new Certificate of Inspection is issued, a notation indicating that the fee has
been paid will be made to Application Form prior to the new Certificate of Inspection
being issued. Any changes since the last inspection are to be added to the file card
of the premises.
Street fi NumberV✓ I( f //WI S�, P ( )
Name of Premises / l0 DP
Certificate to be issued to:�,,� �1`
Address Sc / -V— I/
Ower of Record of Building �� �� V\ ��l�n Cn�j_ e /0
Address
Purpose for which premises are used e
Changes since last Inspe tion (required on file card also)
1. /1 I d 01 QAA 4 e -4D
i.
3.
4.
5.
Date Order Issued:
Order Issued To: Address
Date Violations Corrected:
REMARKS:
I have this day inspected the above premises, and the same conforms to the pertinent
requirements of the Massachusetts State Building Code and the rules and regulations
pursuant thereto.
✓j -fin -�� 0'/ ,x(
Date Building Ott6 ial
Certificate 1 ` Date Issued:
Date Expires:
Recommended Next
Inspection•
Tvmmonwrttl#4 of tto �zk uop
x CITYITOWN OF
a
In accordance with the Massachusetts State Building Code, Section 108. 15, this
CERTIFICATE OF INSPECTION
isissued to . . . . . . . . 1 .+.0 . . . .Is. . . . . .c 6, ,e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�lrrtif that I have inspected the. . . ... /. . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . known as. . . . . . . . . . . . . . . . . . . . . . . . . . .
located at. . . . . . . .I .l o. . . .lJ.2 C b�. . . � '. in the. . . . . . . . . . . . .of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County of. . . . . . . . . . . . . . . . . Commonwealth of Massachusetts. The means of egress are sufficient for the following
number of persons:
BY STORY
Story Capacity Story Capacity Story Capacity Story Capacity
BY PLACE OF ASSEMBLY OR STRUCTURE
Place of Assembly Place of Assembly
or Structure Capacity Location . . or Structure Capacity Location
Sar � a, �sT•�(aor
Re0ow tan- 3 1s1 • �(ooY
Certificate Number Date Certificate Issued Date Certificate Expires Building Offi al
The building official shall be notified within (10) days of any changes in the above information.
k•.s ff t '"� �'�' 1 4+> � 46Y } !� N r ^.y q G A. :. 1 1 W} #n.�'�.
t 5is e n ! vx?• ''4 t rq t R !. + , t> ? N e I c. !.; y !dd y t t + _ nC
IV
�t��c�t�p##� t
a S 7 'PY i- •t n e ! 4
x + q CITY OF SALEM.,,
' , � , r !•
aecordaynceb' with the> Massachusetts State Building 'Code, Section 108. 15, this
3,.,r :^�' t�t r „t r'? + • sl: 5751 Jj..i { !f fYq{:
✓ Xnd ., cd ttat�` !v) l '�Ir'`.'
'{1i r ?M
RT I F�I C A TE
' OF INSPECTION,
i,..u5 ?{ 1:1� a?� , " e ! 4,..>r' il! q `` .r .f" d
�f* ^'x > sr da dAgi�t+ d ! l.Ps". I �y t; a is r't. r `. M�
,vt A�'+ n " 1 5 + . d{ L FtJP
r g� Sf,. ", II �]Gt�l�fa�4I HlD/Ei/R IT S E�RCW CfIFE it r Yi r g a"
> ,Ulfi`sued to �e Z nu
11 1 1 W` r{f'•:_ t t-` y;, t '¢.{,EIA F T yt r '4 - is f F6 t ' ° ; Y
S�ly'' k t y
4r l�
.",r , 8-+.tS, ryj}t+`}ao rad. ,I+IITCI`!9 S.�$ftE ')('..AF'E° �i.i7
tllJ that it have Onspectedathe premises known as qr h
t 's#tt� y< n! t
a r^ L .4 r rrz,:ar'i+ ( 5
`a r
�iMEREWI' T E Tr z y�� f
ae k .. s Kn .� >-: in the cit o Salem .'
located at t
1j, saS�.r ^� .t; t.��44' nt °l ;A '}}��"y.,,
r' Countyrk o( . Essex {,C,ommofnawealth ,;:,p�y(t xMassdchusetts Th_e i,means of egress are sufficient for the. follorwing
�. [iE-Yz"•.� F 1Yu',?�jr}t t° }'" l` t.'Y>u..FmWf.+!(ry.x +yV C•tr tz� 1 ,
^ys 4 15 i x 'i . . , t F r yR
8 number,of persons 1a IS ;
t.`!e. t �+ '^ss '+i 'ri clwj a'r*` i >�'ly�' r'� i',• a'l ;�'� x '�t -
n 1 aF A ) aFi+s3. k F -
,.Ky, BY $TORY
F ` y t+Ak,,'
ct Stor ft+`r tCa acct Stor Ca, _a Capacity c rz I It �
j. St y r+, . rq ,r �6 5$ffi7K 8 ~C a t , pa y Y : ,B`% % 5 exYB S t t
yy :
frA F. tv. {a
� i
BY PLACE OF ASSEMBLY OR STRUCTURE
PIaCe of>.Assembly` Place of Assembly
Structure - ,� �. Capacityl ' Location or Structure- Capacity Location '
tis Yipk^'F1WR ) Z 4Y `rtiy3) "<>Ztt t )• t ,��1,G R IJT FLOOR
1ST FLOOR
aY j A i wA 4 ^•� ids. ^" girt+r +
x ) t!
4 "�}rn �r $�• i.iaf d'`r^�b �`�°,«`."�i h'`S�,J t '£f4�ur � k�.s „y, �'4�y"Ay`J� J{�
n✓. '# h .Afi1r",S..h, t i `Y i„n, > q;>' t Yt 4,� .'�+Lf}"fP ftt.
t" VA!, e
>,p^�� ��Yt�1 r1 4 x o`si " F •.-. >
f 5; ,rt� r 'Ski /
r Yi3 ,.5j ♦ 1 '.:` t £ Qt� @.�/�g99, fn'
t . �+
o- Tx @@94 t1998 , . �`G. k@8I@ /199H ;
^ Cer'tificat°e Numb11 er taMate Ceriificate;ltsued r Date Certificate Expires BU
ildang Offina
t
builyding official shall be notified within (IOJ-days ofhny changes in the above information
b +i i..; •er .y 'ir ' t715 tern }...:.,� . x"
C.
t
. I
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
s 120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
"0N8 TEL. 978-741-1800
STANLEY J. USOVICZ, JR. FAX 978-745-0343
MAYOR W W W.SALEM.COM
JOANNE SCOTT, MPH, RS, CHO
HEALTH AGENT
October 12, 2005
Spiro Kounsalieh
156 Derby Street
Salem, MA 01970
Dear Sir/Madam:
In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105
CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR
410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,
an inspection was conducted of the property at 156 Derby Street#3 occupied by Melissa
Tabbara conducted by David Greenbaum, Sanitarian on Thursday October 6, 2005 @
11:00am.
Notice: if this rental unit is occupied by a child or children under the age of 6 years, it is the
property owner's responsibility to notify tenants of lead related reports and tests, and to ensure
that this unit complies fully with 105 CMR 460:000: Regulations for Lead Poisoning Prevention
and Control. For further information or to request an inspection, contact the Salem Board of
Health at 978-741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the
enclosed inspection report.
Failure on your part to comply within the time specified on the enclosed inspection report will
result in a complaint being sought against you in Salem District Court. Time for compliance
begins with receipt of this Order.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board
of Health. A request for said hearing must be received in writing in the office of the Board of
Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to
be heard and to present witness and documentary evidence as to why this Order should be
modified or withdrawn. An attorney may represent you. Please also be informed that you have
the right to inspect and obtain copies of all relevant inspection in investigation reports, orders and
other documentary information in the possession of this Board, and that any adverse party has
the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s) to use one or more of
the statutory remedies available to them as outlined in the enclosed inspection report form.
Fo a Board of Health Reply to:
nne Scott David Greenbaum
Health Agent Sanitarian
cc: tenant
III.
Sent certified mail-7003 3110 0005 1992 2087
0156 DERBY STREET
City of Salem
Mass Housing (Health) - Inspection
Compliance? Code InVExt Floor Unit No Area Repair Code Repair By
Owner/Manager:
Spiro Kounsalieh 1. ❑ 41o.5o0 interior _. First 'Front Hall_
Violation:Windows,floors,doors,ceilings, roof in good condition _
Parcel Id: #of Units: — —
Notes:There is a large hole in the wall in the front hall Repair hole and finish the wall.
Inspector: Owner must correct this violation within 7 days. -
David Greenbaum 2. ❑ 410.500 Interior Thud 3 Kitchen
Status: Violation:Windows,floors,doors,ceilings, roof in good condition
Open
Date&Time Requested: --
Notes:There are many broken/missing Floor tiles in the kitchen. Repair or replace all broken/missing Floor tiles.
at 11.00 AM Owner must correct this violation within 7 days.
Date of Inspection: 3. 1410.200 1 Interior I Third 3 All Rooms in Unit
Thursday, October 06,2005 Violation: Facilities maintained in good operating condition
Reinspect By:
Notes:The base board heating in all rooms is in disrepair. Repair all base board to good working order.
Reason For Inspection: Owner must correct this violation within 7 days.
Report from Building 4 ❑ 410.551(1) Interior Third 3 All Rooms in Unit
Department
Violation:Cover part of window designed to be open
Notes:There are no screens on any windows in the entire unit. Provide screens for all windows, all screens must be installed from
April 1st to October 30th inclusive each year.
Notes: ---- --
Tenant: Melissa Tabbara 5. ❑ 410.253(A) Interior Third 3 Kitchen
156 Derby Street#3 Violation: Light fixtures and switches provided an_d operating for safe use of laundry,stairway, hallway,exterior stairway, cellar,etc.
Salem, MA 01970
Notes:There is a light fixture falling out of the kitchen ceiling. Repair and resecure the light fixture.
Owner must correct this violation within 7 days. _
I
GcoTMS®2005 Des Lauriers Municipal Solutions,Inc. Page 1 of i
r►
0156 DERBY STREET
6. ❑ 410.500 Interior Third 3 Liwngroom _'i___
Violation Windows floors doors ceilings roof in good condition
Notes:The carpet in the living room is ripped and torn. Repair or replace the carpeting.
Owner must correct this violation within 7 days.
7. ❑ 410.500 Interior Third 3 Lmngrocm
Violation:Windows,floors,doors, ceilings, roof in good condition
Notes:There are water stains on the living room ceiling. Investigate the source of the leak and repair. Repair and repaint the ceiling.
(Owner must correct this violation within 7 days.
8. ❑ 410.253(A) Interior Thirr� _ 3 Livingroom �—
Violation Light fixtures and switches provided and operating for safe use of laundry, stairway, hallway,exterior stairway,cellar, etc.
Notes:There is a broken light switch cover at the top of the stairs. Replace the cover plate.
Owner must correct this violation within 48 hours.
9. El410.501(A) Interior Third r3 Livingroom�
Violation Windows are weathertight
Notes:The window by the closet in the living room does not open. Repair the window to open and close freely.
Owner must correct this violation within 7 days
10. ❑ 410.251(A) I Interior Third 3 Kitchen
Violation One electrical fixture
Notes:The electric outlet on the right wall going into the kitchen is not working. Repair or replace the outlet.
Owner must correct this violation within 7 days.
11. ❑ 410.253(A) Interior I Third 3 Kitchen
Violation Light fixtures and switches provided and operating for safe use of laundry,stairway, hallway,exterior stairway, cellar,etc.
Notes:The kitchen light fixture is missing a protective cover. Provide a protective cover on this light fixture.
Owner must correct this violation within 7 days
GeoTMS@ 2005 Des Lauriers Municipal Solutions,Inc. Pace 2 of 5
n'
0956 DERBYSTREET __
12. ❑ 410.501(A) Interior L Third 3 Child's Bedroom
Violation:Windows are
Notes:There is a broken window in the sons bedroom. Repair the window.
Owner must correct this violation within 7 days.
13. ❑ 410.500 Interior Third �_ 3 _ Child's Bedroom
rViolation:Windows,floors,doors, ceilings, roof in goad condition
Notes:The door knob for the sons bedroom door is missing. Provide a knob for this door.
Owner must correct this violation within 3 days. --_
14. ❑ 410.500 Interior Third 3 Child's Bedroom _ _
Violation:Windows,floors,doors, ceilings, roof in good condition
Notes:There is a hole and many missing/damaged floor tiles in the daughter's room. Seal the hole and repair or replace all
missing/broken floor tiles.
Owner must correct this violation within 7 days
15. ❑ 410.500 Interior Third 3 Child's Bedroom �
Violation Windows Floors doors ceilings roof in good condition
Notes:There is water stains and damage on the ceiling above the left window in the daughter's bedroom. Investigate the source of
the leak and repair. Repair and repaint the ceiling.
Owner must correct this violation within 7 days
16. ❑ 410.500 Interior Third 3 Tenant's Bedroom
Violation Windows floors doors ceilings roof in good condition
Notes:The floor in the tenants room is unfinished. Provide an appropriate covering for the floor.
Owner must correct this violation within 7 days._
17. ❑ 410.250(B) Interior I Third 3 Tenant's Bedroom �—
Violation:2 separate convenience outlets or-one-outlet and one electric light fixture
Notes:There are 2 electric outlets that are in disrepair. Repair or replace the outlets and provide covers for both.
Owner must correct this violation within 5 days.
GcoTMS®2005 Des Lauriers Municipal Solutions,Inc. Page 3 of 5
0156 DERBY STREET __
18. ❑ 410.500 Interior Third 3 Livingroom
Violation:Windows,floors,doors, ceilings, roof in good condition
Notes:There are We,in the livingromm wallsrepair all holes
Owner must correct this violation within 7 days.
19. ❑ 410.500 Interior Third
Violation:Windows,floors,doors, ceilings, roof in good condition
Notes:The stairs up to the unit are unfinished. Provide an appropriate covering for the stairs.
Owner must correct this violation within 7 days. _
20. ❑ 410.500 Interior Third 3
Violation:Windows floors doors, ceilings, roof in good condition
=Ownermust
unit door is broken around the lock. Repair or replace the door.
ect this violation within 7 days.
21. ❑ 410.503(A) Interior 3---Front Hall
Violation'Safe handrail in all stairways used by occupants per 780 CMR Mass.State Building Code
Notes:The railing in the hall way is loose and falling off. Repair and resecure the handrail.
Owner must correct this violation within 7 days.
22. ❑ 410.253(A) Interior 3 Front all
Violation Light fixtures and switches provided and operating for safe use of laundry,stairway, hallway,exterior stairway, cellar,etc.
Notes:The light fixture in the front hall is missing a protective cover. Provide a protective cover on this light.
Owner must correct this violation within 3 days.
23. ❑ - 410.551(1) Interior 3 Front Hall
Violation:Cover part of window designed to be open _
=Owner
he screen in the front hall window is ripped/torn. Repair or replace the screen.
ust correct this violation within 7 days.
GeoTMS®2005 Des Landers Municipal Solutions,Inc. Page 4 of
0156 DERBY STREET
24. 1-3
_
❑ 410.253(A) n
Iterior _�3 Front Hall _
Violation: Light fixtures and switches provided and operating for safe use of laundry,stairway, hallway,exterior stairway_cellar,etc.
F0NotaThe electric outlet in the front hall is missing a cover. Provide a protective cover on this outlet.
ner must correct this violation within 3 days.
25. ❑ 410.450 Interior I Third 3
Violation: Dwelling and rooming units have adequate number of egresses in accordance with Mass.State Building Code
Notes:There is only one means of egress from this apartment. All dwelling units must have two means of egress in accordance with
the building code.
GeoTMS®2005 Des Lauriers Municipal Solutions,Inc. Page 5 of 5
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
CODE VIOLATIONS CORRECTED.
1. Rent Withholding (General Laws Chapter 239 Section 8A)
If Code Violations Are Not Being Corrected, you may be entitled to hold back your rent payments. You can do this
without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to
endanger or materially impair your health or safety and that your landlord knew about the violations before you were
behind in your rent.
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent
money aside in a safe place.)
2. Repair and Deduct(General Laws Chapter 111 Section 127L)
The law sometimes allow you to use your rent money to make the repairs yourself. If your local code enforcement
agency certifies that there are code violations which endanger or materially impair your health, safety or well-being and
your landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to
begin necessary repairs (or to enter into a written contract to have them made) within five days after notice or to
complete repairs within 14 days after notice you can use up to four months rent in any year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186. Section 18 and Chapter 239 Section 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement
agency about code violations. If the owner raised your rent or tries to evict within six months after you have made the
complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint.
You may be able to sue the landlord for the damages if he or she tries this.
4. Rent Receivership (General Laws Chapter 111 Section 127C-H).
The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court
rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is
needed to correct the violation. The receiver is not subject to a spending limitation of four months rent.
5. Breach of Warranty of Habitability.
You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not
meet minimum standards of habitability.
6. Unfair and Deceptive Practices(General Laws Chapter 93A).
Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you
may sue an owner.
THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT
OR TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO
CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS.
North Shore Community Action Programs Inc. Northeast Housing Court
98 Main Street 2 Appleton Street
Peabody, MA 01960 Lawrence, MA 01840
(978) 531-0767 (978) 689- 7833
4� The CommonwealtA of Massachusetts
Board of Building Regulations and Standards VED CITY
Massachusetts State BuildingCode, 780 CMR TECE L SE
INSPECTIUN Revised Mar 2011
Building Permit Application To Construct,Repair,Renovate Or Demolish a A 15
e-or I Wo- a 14.SEP I
This Section For Official Use Only.
Building Permit Number: Date Appf
9 M, i
Building Official(Print Name) Signature Date
SECTION.1:SITE INFORMATION
1.1 Property Address: 1.2 Assessors Map&Parcel Numbers
15G, pt-- PA-1g+ 5Ad-CM tna
Lin Is this an accepted sheet?yes_, no Map Number Panel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Proposed Use Lot Area(sq ft) Frontage(ft)
1.5 Building Setbacks(ft)
Front Yard Side Yards Rear Yard
Required Provided Required Provided Required Provided
1.6 Water Supply: (M.G.L c.Z,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System:
Public Private❑ Zone: _ Outside Flood Zone? Municipal On site disposal system ❑
Check if yesO
SECTION 2: PROPERTY OWNERSHIP'
2.1 Owner'of Record: Ir4^
)z� otq -7o
pC Name-( nt)(s I (� K 0 UPj) ]ALIT City,State,Zff
No.and Street) I'( g Telephone` Email Address
SECTION 3:DESCRII'TION OF PROPOSED WORKZ(check all that apply)
New Construction❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) ❑ I Alteration(s) I'L Addition ❑
Demolition ❑ Accessory Bldg. ❑ Number of Units_ Other ❑ Specify:
Brief Description of Proposed Work : SGt A14+4cl—c4 6 6abr ' ie-&-+t',.ao
t400
__
777777
SECTION 4:ESTIMATED CONSTRUCTION COSTS
Item Estimated Costs: Official Use Only
Labor and Materials
1.Building $ (o r C)O0 ,A§ I. Building Permit Fee:$ Indicate how fee is determined: '
2.Electrical $ ❑Standard City/Town Application Fee
❑Total project Costa(Item 6)x multiplier x
3.Plumbing $ 2. Other Fees:.$
4.Mechanical (HVAC) $ Lust
5.Mechanical (Fire $
Suppression) Total All Fees:$
y� Check No. Check Amount: Cash Amount:
6.Total Project Cost: $ � v ❑Paid in Full ❑Outstanding Balance Due:
l�l o w N �p RjAcfZ D O F PALS
�.:P+t-�,�q ��•LZ � G -�i r�o. p-coo) . .
I
SECTION 5: CONSTRUCTION SERVICES
5.1 Construction Supervisor License(CSL) if
S_ ()9%313 5_y`I 5
Op�Y1q Q055 "$(Z License Number Expiration Date
Name of CSL Holder
(] � List CSL Type(see below) l.J
2 \701tA V 1i!✓W �.V G�
No.and Street Type Description
-2.M l�'lA Iq Z CJ U Unrestricted(Buildings u to 35,000 cu.ft.
1 R Restricted 1&2 Family Dwelling
City/Town,State,ZIP M Maso
nry
RC Roofing Covering
WS Window and Siding
SF Solid Fuel Burning Appliances '
q7% zro5 137 6 �mailaddre 55`S 0 0.01 I Insulation
Telephone Ess (.uryt D Demolition
5.2 Registered Home Improvement Contractor(IHC)
H
HIC Company Name or HIC Registrant Name IC Registration Number Expiration Date
No.and Street
Email address
City/Town,State,ZIP Telephone
SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.§ 25C(6))
Workers Compensation Insurance affidavit 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.
Signed Affidavit Attached? Yes .......... ❑ No...........
SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I,as Owner of subject property,hereby authorize 04A 0 CA Goss -zx-R
to act on in alf,in all matters relative to work authorized by this building permit application.
Print er s Name(Electronic Signature) Date
SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION
By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information
contained in this application is true and accurateto the best of my knowledge and understanding.
nG� -vJ A Qnss , -K Ia
Print Owner's or Authorized Agent's Name(Electronic Signature) Date
NOTES:
1. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor
(not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration
program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program can be found at
www.mass.gov/oca Information on the Construction Supervisor License can be found at Ainymass.gov/dps
2. Wben substantial work is planned,provide the information below:
Total floor area(sq.ft.) (including garage,finished basementlattics,decks or porch)
Gross living area(sq.ft.) Habitable room count
Number of fireplaces Number of bedrooms
Number of bathrooms Number of half/baths
Type of heating system Number of decks/porches
Type of cooling system Enclosed Open
3. "Total Project Square Footage"may be substituted for"Total Project Cost"
r
Gabriel Petino Architectural Design
• Residential Design • Commercial Design • Space Planning
Existing Apartment Egress Analysis at 156 Derby
Street, Salem, MA 01970 :
This egress Code Analysis is submitted for the above-named Project, as
prescribed by the IEBC 2009, IBC 2009 and 780 CMR: MASSACHUSETTS
AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING
CODE 2009
The following Narrative and Code Excerpts pertain to any code upgrades
required to service safe egress from the existing 2"d and 3rd Floor
Apartments.
Narrative:
Currently:
The 2nd Floor Apartment has two separate stairways leading to the
adjacent exterior alley way. Neither stairway conforms to current code,
but they are, per IEBC 303.6 "grandfathered" as allowed existing means
of egress.
Note: at some point the front egress stair which originally only served the
3rd Floor Apartment was modified with an intermediate landing; which as
understood from the Building Owner, was allowed by the Salem Building
Dept. to be constructed as a second means of egress from 2nd Floor
Apartment.
Per the attached Plans the intent is to provide additional landing space,
that while not to current code, makes the current narrow-depth landing
more navigable. Please also note that per IEBC 703.2.1, Bedroom
windows of specified clear width and height opening allow for the
Apartment to have only one means of egress.
The 3rd Floor Apartment has one interior egress stairway leading to the
adjacent exterior alley way, and one exterior stairway leading from the
Kitchen to the adjacent exterior alley way. Neither stairway conforms to
current code, but they are, per IEBC 303.6 "grandfathered" as allowed
existing means of egress.
1 of 3
Per the attached Plans the intent is to provide additional landing space to
the top of the interior stairway, which will not bring the entire stairway to
current code (min tread & riser dimensions), but will make the current
narrow-depth landing more navigable. The exterior rear stairway will be
re-built per the current code. Please also note that per IEBC 703.2.1,
Bedroom windows of specified clear width and height opening allow for
the Apartment to have only one means of egress.
IEBC2009- 303.6 Means of egress capacity factors. Alterations to any
existing building or structure shall not be subject to the egress width
factors in Section 1005.1 of the International Building Code for new
construction in determining the minimum egress widths or the minimum
number of exits in an existing building or structure. The minimum egress
widths for the components of the means of egress shall be based on the
means of egress width factors in the building code under which the
building was constructed, and shall be considered as complying means of
egress for any alteration if, in the opinion of the code official, they do not
constitute a distinct hazard to life.
Code Excerpts:
IEBC2009- 504.1 General. Repairs shall be done in a manner that
maintains the level of protection provided for the means of egress.
IEBC2009- 604.1 General. Repairs shall be done in a manner that
maintains the level of protection provided for the means of egress.
IEBC2009- 703.2.1 - 10. In Group R-1 occupancies, the enclosure shall
not be required for vertical openings not exceeding three stories in the
following locations: 10.1. Buildings protected throughout by an approved
automatic sprinkler system.
10.2. Buildings with less than 25 dwelling units or sleeping units where
every sleeping room above the second floor is provided with direct access
to a fire escape or other approved second exit by means of an approved
exterior door or window having a sill height of not greater than 44 inches
(1118 mm) and where: 10.2.1. Any exit access corridor exceeding 8 feet
(2438 mm) in length that serves two means of egress, one of which is an
unprotected vertical opening, shall have at least one of the means of
egress separated from the vertical opening by a 1-hour fire barrier; and
10.2.2. The building is protected through- out by an automatic fire alarm
system, installed and supervised in accordance with the International
Building Code.
Page 2 of 3
i
IEBC2009- 705.3.1.2 Fire escapes required. When more than one exit is
required, an existing or newly constructed fire escape complying with
Section 705.3.1.2.1 shall be accepted as providing one of the required
means of egress.
705.3.1.2.1 Fire escape access and details. Fire escapes shall comply with
all of the following requirements:
1. Occupants shall have unobstructed access to the fire escape without
having to pass through a room subject to locking.
2. Access to a new fire escape shall be through a door, except that
windows shall be permitted to provide access from single dwelling units or
sleeping units in Group R-1, R-2 and I-1 occupancies or to provide access
from spaces having a maximum occupant load of 10 in other occupancy
classifications.
2.1. The window shall have a minimum net clear opening of 5.7 square
feet (0.53 m2) or 5 square feet (0.46 m2) where located at grade.
2.2. The minimum net clear opening height shall be 24 inches (610 mm)
and net clear opening width shall be 20 inches (508 mm).
2.3. The bottom of the clear opening shall not be greater than 44 inches
(1118 mm) above the floor.
2.4. The operation of the window shall comply with the operational
constraints of the International Building Code.
Thank you,
40
Gabriel Petino,AIA
GPAD
. . . . . . . . . . . . . . . . . . . . . . . I. . . . .
Page 3 of 3
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July 3, 2004
The Witch's Brew Cafe Addition
Owner, Spiro Kounsalieh
Derby Street
Salem, Massachusetts
OUTLINE SPECIFICATION
L DESCRIPTION
This Specification is for construction of a New Addition at the Witch's Brew Cafe on
Derby Street in Salem Massachusetts:
This Project is Commercial Type Construction
This project involves concrete, carpentry, insulation, blueboard and plaster, finishes,
plumbing, heating, electrical, and site-utility work.
All work required to completely construct the building is hereinafter described in further
detail.
II. DRAWINGS:
The drawings include the following sheets:
1 -FLOOR PLANS
2 —EXTERIOR& INTERIOR ELEVATIONS
2 —ELECTRICAL LAYOUT PLAN
4— STRUCTURAL FOUNDATION& FRAMING PLANS /DETAILS
5 — SITE-UTILITY PLAN&DETAILS
TV -31
These Drawings dated, 2004 together with this Specification, The Salem Historic
Commission Approval Document, and the Agreement between Owner and General
Contractor form the Project Contract Documents. The requirements of this specification
supersede the drawings if a conflict exists. ALL OTHER PREVIOUS DISCUSSIONS,
WARRANTIES, PROPOSALS, AND ANY OTHER COMMUNICATIONS MADE
BETWEEN THE OWNER, GENERAL CONTRACTOR AND ARCHITECT ARE NOT
PART OF THE CONTRACT UNLESS SPECIFICALLY STATED WITHIN THE
CONTRACT DOCUMENTS LISTED ABOVE.
III, GENERAL CONDITIONS:
The General Contractor is responsible for ensuring that the building construction is
performed in accordance with the City of Salem approved plans and that it conforms to
all applicable governing body regulations.
Page 1 of 9
The Owner will pay for all heat, power and utilities needed until acceptance of the project
by the Owner.
The Owner will insure the building and materials stored on site to cover cost of loss due
to fire, vandalism, or theft during the construction process.
The General Contractor will carry and pay for all Workman's Compensation Insurance
and Liability Insurance. It will be the responsibility of the General Contractor to ensure
that, all workers on the site are covered by Workman's Compensation Insurance whether
they are under the General Contractors direct employ, contract laborer or a Sub-
Contractor.
The building is to be completed in accordance with the plans and specifications. All
Concrete, carpentry, insulation, blueboard and plaster, plumbing and heating, electrical,
finishes, and painting is to be completed unless otherwise specified.
The General Contractor is responsible for completion of all sub-contract work and for
payment to the sub-contractors. The General Contractor shall furnish all labor and
materials, tools and equipment, obtain all necessary permits and provide for all
compensation and liability insurance to protect the Owner and as required by law.
All building material and construction shall comply with applicable provisions of the
Zoning by-law, Board of Health, Building Code of the Commonwealth of Massachusetts,
Plumbing, Electrical Codes and all other State and Municipal ordinances and regulations
governing work in Salem, MA.
The Contractor shall familiarize himself with the Contract Drawings and request any
clarification from the Architect prior to starting construction.
No main framing or structural members are to be modified, altered or cut without the
approval of the Architect. The Structural Drawings shall be used in conjunction with the
Architectural Drawings and Electrical Layout Plans and shall be coordinated with the
Mechanical layout plan provided by the General Contractor.
All labor and material used in the project shall conform to good practice standards and as
herein specified.
The General Contractor shall allow the owner to inspect the work at all times. If any
materials or workmanship are found not to meet the standards of standard building
practice, the G.C. shall remove them upon receiving notice from the Owner/Architect in
writing and replace such work at his own expense.
No changes to the original plans and specifications may be made without the written
consent of the Owner/Architect. ABSOLUTELY NO SUBSTITUTIONS OR
EQUIVALANTS WILL BE ALLOWED WITHOUT THE ARCHITECTS OR
Page 2 of 9
f
OWNERS APPROVAL. THE ARCHITECT/OWNER MAY REJECT A PROPOSED
SUBSTITUTION FOR ANY REASON.
The General Contractor is responsible for securing and paying for all permits, utility
company fees and other governing agency fees up through receipt of an occupancy
permit.
All work will, be guaranteed against defects in material and labor for one year after
project acceptance by the Owner.
The General Contractor will make the finished project clean and ready for occupancy. All
glass and frames shall be cleaned, labels removed, floors washed/vacuumed and the
project area free from debris and trash.
These documents do not specifically address construction safety. Safety, care of adjacent
properties during construction, and compliance with applicable safety regulations are the
responsibility of the General Contractor.
Special care during foundation excavation should be given to protect existing adjacent
building foundations.
The General Contractor and sub-contractors shall visit the site prior to submission of a
contract price. Any variations discovered which require physical change shall be
immediately brought to the Architect's attention. The General Contractor should contact
the Architect immediately for clarification if he should find any conflict or inconsistency
in the drawings and specifications.
The General Contractor should make any suggested changes known to the Architect as
soon as possible. The General Contractor understands that the intention of the drawings
and specifications is to produce a"turnkey" project, i.e. all the labor, materials, and
connections will be completed as required for a complete renovation and addition.
This project is located in a residential neighborhood. Extra special care should be taken
not to disturb the neighbor's quality of life. This includes containment of dust, trash, and
noise as much as possible. Do not park on or otherwise use the neighbor's property.
G.C. responsible for coordinating access to project site for delivery and storage of
construction materials, supplies and construction equipment.
IV. ALLOWANCE ITEMS: These items are to be carried in the General Contractor's
base price, and adjusted as Owner makes actual selections.
Light Fixtures: Allow(to be determined by Owner)for each lighting fixture. (Include all
labor in bid). This allowance price reflects the Electrical Contractors actual cost for the
fixtures. Electrician's labor and profit should be included in the base price.
4
,41 ► MC.
Page 3 of 9
Stone/Tile for Restroom floor& walls: Allow (to be determined by Owner)for material.
Include the cost of labor and profit in the base bid. (The Owner will make final file
selection).
Plumbing Fixtures: All materials, labor and profit should be included in the base bid.
Fixtures to include 1 HC accessible toilet& 1 HC accessible sink.
Vanity Counter/Sinks: Allow (to be determined by Owner).
Toilet Accessories: Allow (to be determined by Owner)for purchase of HC grab bars,
coat hook, mirror, toilet paper holder, paper towel dispenser& flush-in-wall waste
receptacle. Include labor in bid price.
Restroom Fan: Allow(to be determined by Owner).
Custom-Built Interior& Exterior Wall Paneling: allow (to be determined by Owner)for
materials, labor& installation.
Stone Floor& Fireplace Wall/Hearth: Allow(to be determined by Owner).
Acoustical (Tin) Tile Ceiling: Allow(to be determined by Owner).
V. ALTERNATES
Not Used
VI. SITE WORK
Excavate to lines and grades required to properly install the foundations on undisturbed
soil or controlled structural backfill approved by Soils Engineer provided by Owner.
VII. CONCRETE
Place concrete by approved methods of ACI 304. Properly brace and shore
formwork to maintain alignment and tolerances in accordance with ACI
standards. Contractor shall make provisions (at Owner's option)to have four(4)
cylinders cast for each cubic yard of concrete poured or for any one day's
operation. Testing Laboratory shall be responsible for making and curing
specimens in conformance with ASTM C31 and testing specimens in accordance
with ASTM C39.
VIH. CARPENTRY
Structural Lumber— Structural wood framing shall be executed in accordance with
accepted practice and in compliance with the following standards where applicable:
*National Forest Products Association"National Design Specification for Wood
Construction" including supplement.
Page 4 of 9
*American Institute of Timber Construction"Timber Construction Standards—
AITC 100
•U.S. Department of Commerce—PS 20 for Lumber
*U.S. Department of Commerce—PS 166 for Softwood Plywood
•American Wood Preservers Institute— ST-1
*APA—The Engineered Wood Association
Engineered Wood Systems—Performance rated I-Joists sizes shown on Structural Plans
shall conform to APA standards and shall be as manufactured by TrussJoist Macmillan,
Boise Cascade or equal. Systems shall be installed according to manufacturer's
recommendations.
Microlam or Parallam Beams—Glue laminated veneer lumber or oriented strand board as
manufactured by TrussJoist Macmillan, of Boise, Idaho
Plywood/ OSB—(1/8" minimum spacing) Composite structural panels, APA rated
bearing appropriate agency stamp.
Subfloors: 23/32" APA rated Sturd-I-Floor 24" O.C. exposure I T&G glued and nailed.
Wall sheathing: 7/16" APA rated sheathing 24/16 exposure I
Roof sheathing: 7/16" APA rated sheathing 24/16 exposure I
Underlayment: _" APA underlayment exposure I
Pressure Treated Wood—All wood framing at exposed locations (unless noted
otherwise), shall be pressure treated with an approved clear water borne preservative
suitable for the severity of the exposure. All such members shall bear the stamp of an
approved agency.
All framing lumber to be#2 KD Spruce-Pine-Fir unless noted otherwise. Use 2 x 4 studs
at 16" o.c. at interior walls and 2 x 6 studs at exterior walls at 16" o.c.
Metal Fire Separation Wall System
All framing to be plumb, level, square, well braced and nailed together with good joints
and true bearing. All joists/rafters to be placed crown side up.
Existing joists to be checked for structural soundness. In affected areas only, replace
and/or add all framing necessary to adhere to local governing building codes.
The size of all rafters,joists, and beams to be as noted on the plans.
Provide all headers as necessary for load carried. Consult the architect if unsure of header
size necessary.
Provide all necessary chases and soffits for installation of heating system and other
mechanical systems.
G.C. to coordinate Electric Service, Plumbing, & Storm Water Tie-in with applicable
City of Salem Authorities.
Page 5 of 9
IX. INSULATION
Thermal and Moisture Protection—
Materials:
Rigid Thermal Insulation - shall be 1-1/2" thick extruded polystyrene.
Fiberglass Batt or Blanket Insulation - shall be unfaced full thick, friction fit in walls, and
kraft faced at ceiling at top floor of building.
Sill Sealer- 1"x6" Fiberglass
Sound Control Insulation— 3-1/2" fiberglass batt insulation
Vapor Barrier— shall be 6 mil polyethylene sheet or integral with the insulation
Installation:
Rigid thermal insulation shall be installed at perimeter of all slabs on grade so that
contact between slab and foundation wall is broken, extending downward two (2)feet
below exterior grade vertically and two (2) feet horizontally beneath slab.
Vapor barrier shall be installed on inside face of exterior walls to form a continuous
membrane. Lap all seams 6" min.
All insulation shall conform to requirements of CABO Model Energy Code.
Moisture Protection:
Dampproofing - one coat of asphaltic compound, sprayed, brushed or troweled on
exterior face of all walls below the exterior grade
Waterproofing - exterior surfaces of all foundation walls enclosing habitable space
below the grade plane shall be waterproofed.
Foundation Drains - 4" perforated bitumenized fiber pipe, with an integral fiber
fabric to prevent soil build-up installed along side the footing below elevation of
lowest level. Drains shall be piped to daylight or an approved drainage system as
required by the City of Salem Water& Sewer Department.
Interior door and window casings to match existing interior trim and finish or as required
by Owner. Windows (Interior) are to be picture framed. Wood base to match existing
and finished as directed by owner. Fingerjointed material is acceptable for standing and
running trim work.
Finish carpentry for wood paneling at exterior to be painted poplar. (Refer to Salem
Historic Commission Approval Document).
All concrete foundation work to be minimum 3000 psi, or as listed on the Structural
Drawings. Provide all formwork necessary for complete foundation installation.
Page 6 of 9
X. EXTERIOR WINDOWS, DOORS, SIDING, ROOFING, FLASHING AND
INSULATION
All windows are to be Custom-built, or as selected by Owner, Fixed, wood windows with
high performance glazing option. Provide tempered glass as required by code. Provide all
accessories necessary for a complete installation.
Provide aluminum flashing at all new window heads (in addition to flashing provided by
window manufacturer).
Entry doors to be Anderson (or as selected by Owner)insulated solid-core doors Provide
all accessories necessary for a complete installation.
All new interior doors to be Morgan, (or as selected by Owner) solid core doors. Panel
configuration is to match the existing with the finish to match existing. Restroom door to
have passage/privacy hardware to be Schlage commercial series. Entry Door Hardware
to be heavy-duty deadbolt type as selected by Owner.
Paint Finish coats to be brush applied. Contractor to provide paint mock-up for final
approval by Owner/Architect. Colors to be as required by Salem Historic Commission
Approval Document.
All fully concealed and exposed metal flashing is to be aluminum.
All insulation is to be fiberglass batt type unless noted otherwise. Insulation thickness is
to conform to the State Building Code.
All sealant and caulking used shall be construction grade silicone.
Strip existing siding at existing restaurant fagade& replace with new storefront/window
system per Elevation Drawings& Salem Historic Commission Approval Document.
Roofing membrane to be Hot or Cold, Modified Bituminous Roofing system on
mechanically attached rigid insulation. G.C. to submit shop drawings& details of
selected roofing system for Owner/Architect review& approval.
Provide new scupper& downspout system as necessary to provide positive drainage from
roof. Coordinate drainage requirements with Salem Water& Sewer Dept. Coordinate
Scupper installation with Architect.
Architect& Salem Historic Commission will have sole right to determine the locations of
roof and wall penetrations for vents and other equipment.
Page 7 of 9
XI. FINISHES
All stone file flooring to be as approved by Owner.
Stone tile to be by allowance.
Walls to be " blueboard and plaster. All painted with primer and 2 finish coats. Provide
all drywall trim, beads and accessories needed for a complete installation.
Soffit Ceilings to be smooth finish_" blueboard and plaster all painted with primer and 2
finish coats.
ACT Ceiling style to be as selected by Owner.
XII. LIGHTING AND POWER
All electrical work shall comply with the rules and regulations of the Commonwealth of
Massachusetts and the City of Salem.
G.C. to coordinate electric tie-in w/City of Salem.
All outlets, switches, and cover plates to be white, regular toggle type.
Provide outlets and switches as shown on the plan and any additional outlets and switches
required by code.
Lighting fixtures and switch locations are to be as per the plan(final locations to be
selected by the Owner during a walk-thru with the electrician).
Light fixtures are by allowance.
Provide power for all equipment.
Provide telephone j acks, CATV outlets & Cat. 5 wiring&jacks in locations as
designated by the Owner. Base bid should carry cost to provide for a complete
installation of these services.
Provide Fan Tech ventilation fans in Restroom.
Provide any Exit Signs & fire protection system/components required by the City of
Salem Fire Department.
Provide 220 electrical service to all 4-gang outlets.
XIH. PLUMBING AND HEATING
Page 8 of 9
All work shall fully comply with the rules and regulations of the Commonwealth of
Massachusetts and the City of Salem.
Consult with owner for type of heating system to be used and provide sketch of system
layout for Architect's approval.
VV. SITE UTILITY WORK
Refer to Site Utility Engineer's Drawings for scope of Site Utility Work. General
Contractor to coordinate w/ Site Utility Engineer and City of Boston Water& Sewer
Department permit requirements for installation of utilities. G.0 to coordinate site
excavation with Structural Engineer's drawings to establish new basement slab elevation.
End of Specification
Page 9 of 9
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In compliance with the provision of Section 113.5 of the Massachusetts
State Building Code, and under guidelines agreed upon by the Salem Bldg.
Inspector and the Salem Fire Chief, the applicant for a building permit
shall obtain the Certificate of .Approval (see reverse side) and stamped
plan approval from the Salem Fire Prevention Bureau. '
Said application and approval is required before a building
permit may be
issued. The Massachusetts State Building Code requires compliance
approval of the Salem Fire Department, with reference to provisions of
Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts
General' Laws, and 527 Code of Massachusetts Regulations,
The applicant shall submit this ,application with three ;13) sets of plans,
drawn' in sufficient clarity, to obtain staaped. approral of the Sales Fire
Department. This applies for all ;new construction, substantial
alterations, change of use and/or occupancy, and any -other approvals
required by the Massachusetts General Laws, and the Salem Eire Code.
Exception: Plans will not be required for structural work� �he' n the
proposed work to be performed under the building -permit' will °
off, in the opinion of the Building Inspector,, require a,
plan to show the nature and character of the work to be,1
performed.
Notice: Plans are, normally required four fire suppression systems,
fire alarm systems, tank installations, and Fire==Code
requirements. ' T
Cnder the provisions of Articley22 of the Massachusetts State Building
Code, certain proposed projects may not require submission oVplans 'o'r
complete compliance with new" con's"truction `cequ€romentsi In these
cases,- provisions of article 22, .Appendix T, and Tables.applicable
k ` shall ,apply. This section shall not, however, supersede the . .
provisions outlined in the Salem Fire Prevention.Regulations,`thapter
F 11'48,' MGL, or 527 Code of Massachusetts Regulations.. AWpermits for
. fire code use and/or occupancy shall apply- for the entireastructurel-
~fire alarm and/or smoke detector. installation shall apply 'ito the z.
7 - entire structure based.upon',current_.requirements �as'per"Laws. and/or'
Codes, but the existing structure. may comply with regulations
applicable .for existing structures.
y ,
Notice: Sub-contractors may also be required.to file ;tndicidual
applications for a Fire Department_ Certificate of..lpprocal
for the area of ,their, work. Such sub-contractors shall file
an Application to 'Instail with the Fire prevention Bureau
prior to commencing any-work for Chose areas applicable.
t ,
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