43 DOW STREET - BUILDING JACKET cIId J pEC'! EO CO
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UPC 10330 ;
--No.163L_
MASTM.GS�teu
CITY OF SALEM, MASSACHUSETTS
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BUILDING DEPARTMENT
120 WASHINGTON( STREET,3"°FLOOR
TEL 978) 745-9595
FAx(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THO-ivLAS ST.PIERRE
DIRECTOR ON PUBLIC PROPERTY/BUILDING COMMISSIONER
a
March 24, 2009 (�j
Bank of New York
R.E: 43 Dow Street
Dear Owner,
This letter is intended to outline the Code problems at the above property. 43 Dow has been
empty for many months; The previous owners cut the plumbing in the basement. This allowed a
sewerage backup into the basement up to the level of the cellar windows.We,theCity of Salem,
addressed the pump out and subsequent cleanup due to the immediate Health Hazard that was
present.The costs of this cleanup have been payed by the City and have been liened against the
property. The sewerage entered the Electrical panels and under the advise of the City
Electrician,power was cut to the home .
Before the home can be reoccupied, Building, Electrical and Plumbing permits must be obtained
,Inspections done and a Certificate of Inspection is to be obtained. On the exterior of the home, a
makeshift structure has been added to the left side which also must be removed.
If you have any questions,please contact me directly.
Tho St.Pierre
��
Building Commissioner/Director of Inspectional Services
Cc. Legal Department
7 2009I0I1I20004II6IIIBIk:2ll825l7 Plgl82
01/20/2009 02:11 STATE P9 111
CITY OF SALEM
ESSEX, SS
Statement of Claim
Pursuant to Mass. Gen. L., ch. 139, Section 3A
NOTICE IS HEREBY GIVEN that the City of Salem, Building Department
claims $1,840.00 (One Thousand, Eight Hundred Forty Dollars and Zero Cents)*
due from ALI KAMRAN-RAD, owner of record of the premises at 43 Dow Street,
Salem, Essex County, Massachusetts as set forth in Book 25817, Page 21 in the Southern
Essex District Registry of Deeds. Such debt, which became due on October 29, 2008 for
the purposes of vacuum excavator work, together with interest of 6% per annum, hereby
constitutes a lien upon the land on which said premises are located this day of
January, 2009.
4jkJt 'v
Kimberley Dri coli Thomas St. ierre
Mayor of Sale Building Inspector
*BREAK DOWN OF COSTS:
Peter Holland DBA Spencer Contracting
Vacuum Excavator work,power wash and remove
sewage from basement at 43 Dow Street, Salem, MA $1,840.00
TOTAL 1 840.00
CLitp Of *alem, Alazorbuatt!6 CITY OF SALEM. MA
�3oarb of Zipped CLERK'S OFFICE
1000 NOV 20 A II: 3'q
DECISION OF THE PETITION OF ANGELA HIRALDO REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 43 DOW STREET R-3
A hearing on this petition was held November 15, 2000 with the following Board
Members were present: Nina Cohen Chairman, Stephen Buczko, Richard Dionne,
Stephen Harris and James Hacker. 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.
At the request of the petitioner, Angela Hiraldo, the Salem Board of Appeal voted 5-0, to
grant leave to withdraw this petition without prejudice for Variances from side, front &
rear setback to construct a carport, also from lot coverage for the property located at 43
Dow Street located in an R-3 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
NOVEMBER 15, 2000 n �n
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
City of Salem, Mass.
ELECTRICAL DEPARTMENT
J y 44 Lafayette Street
PAUL M. TUTTLE ,CITY ELECTRICIAN
DATE . . : 9. . . . . . . . . . . . .
To: INSPECTOR OF BUILDINGS
Salem, Mass.
/ 9 �/' /'r -- Electrical Contractor
---- —� = = ....
(Signature of Applicant)
( i�_c ...�!Q.+...4----.._.............................................
!1
--------------------- - -----------
has signified their intention of performing the required electrical
work, viz: removing and later replacing all electrical wires, fixtures,
receptacles, etc., on outside of building located at:
c}-
-- -------------'3---�•--"-`-�!.------v-1-------------------------------------------------Street
in conjunction with a wall siding installation to be made by:
�_..-__- ....Siding Contractor
j ---------------------------------------------------------------
ISSUED BY: � ...... ---.....-.-
This is a requirement, preliminary to the issuance of a permit
for the sidewall installation by the Inspector of Buildings.
ORIGINAL-SIDEWALL INSTALLER
PINK COPY-BLDG. INSP.
YELLOW COPY-ELEC. FILE
Citp of Salem, Alazorbuott!g
CITY OF SALEM. MA
�3oarb of Rppeal CLERK'S OFFICE
1001 MAY -3 P 2: 4U
DECISION OF THE PETITION OF ANGELA HIRALDO REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED 43 DOW STREET R-3
A hearing on this petition was held April 25, 2001 with the following Board Members
present: Nina Cohen, Richard Dionne, Stephen Buczko, Stephen Harris and James
Hacker. 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 requests a Special Permit to extend nonconforming building and a Variance
from off street parking setback for the property located at 43 Dow Street located in a R-
3.
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, guided by
the rules that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
The 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.
r
DECISION OF THE PETITION OF THE ANGELA HIRALDO REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 43 DOW
STREET R-3
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. Attorney George Atkins, from the firm of Ronan, Segal & Harrington represented the
petition.
2. Petitioner is the owner of a two-story house that is nonconforming as to dimensional
requirements.
3. At issue in the petition is a narrow paved area at the rear of the structure that is
partially covered by a wooden porch. Petitioner wishes to remove the porch to
construct a carport to enable her to obtain off street parking for her vehicle on the
site. To do this she will require a special permit to expand the existing
nonconforming structure, and a variance to extend the paved driveway to within 1.7
ft. of the lot line.
4. Speaking in support of the petition, on the grounds that it would help alleviate difficult
parking conditions in the neighborhood were Nestor Grullon of 14 Porter Street and
Don Michaud of 224 Derby Street.
5. In opposition was Jeannette Gagnon, 23 Park Street, who stated that the proposed
driveway would create a nuisance because it was too close to her building.
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
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 unanimously, 5-0, to grant the relief
requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
G
DECISION OF THE PETITION OF ANGELA HIRALDO REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 43 DOW STREET
R-3
page three
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. A Certificate of Occupancy is to be obtained.
6. Petitioner is to construct and maintain fence.
Special Permit & Variance Granted
April 25, 2001
/1(1'tll� 6� CSC"�
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
o�7'
t
The Commonwealth of Massachusetts Town of
s Board of Building Regulations and Standards
Massachusetts State Building Code, 780 CMR, T°edition Building Dept
Building Permit Application To Construct, Repair, Renovate Or Demolish a
One- or Thio-Family Dive/11,
t. This Section For tcial Use O ly
Building Permit N mber: Da ppli d: LL
Signature:
Building Commissioner/ for of Buildings to
SECTION 1:SITE INFORMATION
1.1 Proper) Address: 1.2 Assessors Map& Parcel Numbers
�/ 1Jotl cT_k 3y-0323— a
1.1 a Is this an accepted street?yes ✓ noMap Number Parcel Number_
1.3 Zoning Information: 1.4 Property Dimensions:
K 50. 014,9 acr4_S io D'
Zoning District Proposed Use Lot Area(sq R) Frontage(ft)
1.5 Building Setbacks(ft)
Front Yard Side Yards Rear Yard
Required Provided Required Provided Required Provided
1.6 Water upply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage D sposal System:
Zone: Outside Flood Zone? Municipal On site disposal system ❑
Public Private❑ Check if XesO
SECTION 2: PROPERTY OWNERSHIP'
2.1 Owner of Recor : y3 /JOW cSfree4 ,Pa.lerr) , M,4
Kevin N 2
Name(Print Address for Service:
"78/- 983- J-1870-
Sig
-7B7aSig ture Telephone
SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply)
New Construction❑ Existing Building Owner-Occupied ❑ Repairs(s) Alteration(s) ❑ 1 Addition ❑
Demolition ❑ LAccessory Bldg. ❑ Number of Units 2. Other ❑ Specify:
Brief Description of Proposed Work': inSf0.LLln 7 0-bi inp 1✓)f4.Vi i' i
I.n4evior CdOOrf J and F/ao�P Pc f rt/r-P noir wa IIS r)0- f
SECTION 4: ESTIMATED CONSTRUCTION COSTS
Estimated Costs: Official Use Only
Item Labor and Materials
I. Building S LIS-00. 00 I. Building Permit Fee: E Indicate h7determined:❑Standard City/Town Application Fee
2. Electrical S y000 -°O ❑Total Project Cost'(Item 6)x multiplier
3. Plumbing S 4100o� °O 2. Other Fees: S
4. Mechanical (HVAC) S List:
S. Mechanical (Fire S Total All Fees: S
Su ression
Check No. _Check Amount: Cash Amount:
6. Total Project Cost: S iJ $DO- ao 0 Paid in Full 0 Outstanding Balance Due:
I
SECTION 5: CONSTRUCTION SERVICES
5.1 Licensed Construction Supervisor(CSL) /0 j la O
., keylrL H-t/o.L- License Number Expiration Dale
N;Imc of CSL-HpIder
3 u-TV n V Sa-lerr� List CSL Type(ser below)
Address Type Description
U Unrestricted(u to 35,000 Cu. FL)
Sign— tut' R Restricted 1&2 Family Dwellin
7�'I— qk3 —�/8"7a— N Mason Only
RCResidential Roofin Covering
Telephone WS Residential Window and Siding
SF I Residential Solid Fuel Burning Appliance Installation
D I Residential Demolition
5.2 Registered Home Improvement Contractor(HIC)
HIC Company Name or HIC Registrant Name Registration Number
Address
Expiration Date
Signature Telephone
SECTION 6: WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.4 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
1, as Owner of the subject property hereby
authorize to act on my behalf,in all matters
relative to work authorized by this building permit application.
Signature of Owner Date
SECTION 7b: OWNERI OR AUTHORIZED AGENT DECLARATION
I, k ey I/') Hyde. ,as Owner or Authorized Agent hereby declaJand
that the statements and information on the foregoing application are true and accurate, to the best of my knowledge
behalf.
Ke vrn Hild2
Print Name
sIam I o cf
Signature of caner or Addicirized Agent Date
(Signed under the pains and penalties of peru
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 and
Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations I IO.R6 and I 10.115, respectively.
2. When substantial work is planned,provide the information below:
Total floors area(Sq. FL) (including garage, finished basement/attics,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"