51-53 DOW STREET - BUILDING JACKET 51-53 DOW STREET
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DECISION ON THE PETITION OF
SALEM HARBOR COMMUNITY DEVELOPMENT COPORATION
FOR A WAIVER FROM FRONTAGE AT 51-53 DOW STREET
A Public Hearing on this petition was held on June 29, 1995 at 7:30 p.m. with the following Board
members present: Walter B. Power, III, Chairman; Carter Vinson; David Hart; Chuck Puleo; L.
Lee Harrington; William Cullen; Gene Collins; and John Moustakis. Notice of this meeting was
sent to abutters and notice of the hearing was properly published in the Salem Evening News.
Petitioner, owner of property, is requesting a waiver from frontage requirements of the Subdivision
Regulations under MGL Chapter 41, Section 81R to allow the property at 51-53 Dow Street to be
subdivided. The building now located on the premises which has housed 4 dwelling units, each on
a separate lot. This section states that "A Planning Board may in any particular case, where such
action is in the public interest and not inconsistent with the intent and purpose of the subdivision
control law, waive strict compliance with its rules and regulations, and with frontage or access
requirements specified in the law..."
The waiver for 51-53 Dow Street is being granted upon the finding by the Board that:
1. 51 Dow Street, with 39 feet of frontage and 53 Dow Street with 40 feet of frontage are
similar to other lots in the neighborhood;
2. Special circumstances exist which especially affect the land, and structures involved and
which are not generally affecting other land and structures involved; and
3. Literal enforcement of the provision of the Zoning Ordinance would involve substantial
hardship; financial or otherwise, to the petitioner.
Therefore, the Planning Board voted by a vote of eight (8) in favor, none (0) opposed to grant the
waiver from frontage requirements for 51-53 Dow Street.
This endorsement shall not take effect until a copy of the decision bearing certification of the City
Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has
been filed that it has been dismissed or denied, is recorded in the Essex South District Registry of
Deeds and is indexed in the grantor index under the name of the owner of record or is recorded
and noted on the owner's certificate of title. The fee for recording or registering shall be paid by
the owner or applicant.
A .
I hereby certify that a copy of this decision and plans are on file with the City Clerk and a copy is
on file with the Planning Board.
Walter B. Power, III
Chairman
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City of ttlem, � tt95adjusetts
'Board of �vpeal
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DECISION ON THE PETITION OF SALEM HARBOR COMMUNITY DEVLfLdPA9TDCOR?0RATION
FOR A VARIANCE AT 51-53 DOW STREET. (R-3)
A hearing on this petition was held May 17, 1995 with the following Board
Members present: Stephen Touchette, Chairman; Gary Barrett, Arthur
LaBrecque, Nina Cohen and Albert Hill. 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 Variance from front, side and width setbacks to
subdivide an existing non-conforming property located at 51-53 Dow Street.
(R3)
The Variances which have been requested may be granted upon a finding by
this Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented
at the hearing, and after viewing the plans, makes the following findings
of fact:
1. There was no opposition in this matter.
2. Speaking in favor of the petition where: David Shea, Hanson Street,
Point Neighborhood Action Group, David Carlton, 26 Barnes Road, Peter
Strout, 29 Intervale Road and Ward 1 City Councillor, George Ahmed.
3. This will allow petitioner a fuller use of the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
Y
DECISION OF THE PETITION OF SALEM HARBOR COMMUNITY DEVELOPMENT CORPORATION
FOR A VARIANCE AT 51-53 DOW STREET, SALEM
page two
All construction shall be done as per the plan and dimensions
submitted.
Petitioner shall obtain a building permit prior to beginning any
construction.
A Certificate of Occupancy is to be obtained.
c. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction, including, but not limited to the Planning Board.
As an Amendment to the Petition, Petitioner is further granted a Variance
from the requirements for parking.
Variances Granted
Yav 17, 1995 / //JJ
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Albert C. Hill, Jr.
Member, 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
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FORM A - DECISION
Ms . Deborah Burkinshaw
City Clerk
Salem City Hall
Salem, MA 01970
Dear Ms . Burkinshaw:
At a regularly scheduled meeting of the Salem Planning Board
held on Julv 6 , 1995 it was voted to endorse "Approval Under
Subdivision Control Law Not Required" on the following described
plan :
1. Applicant : Salem Harbor Community Development, Corporation
2 . Location and Description:
51-53 Dow Street
Deed of property records in Essex South District Registry.
Sincerely,
Walter B. Power , III ' '
Chairman
EX\DH\BPFORMA
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APPROVAL UNDER THE SUBDIVISION CONTROL
A LAW NOT REQUIRED.
SALEM PLANNING BOARD
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LOCUS MAP
SCALE: I"= 800'
SALEM POINT RENTAL PROPERTIES CORP.
DEED : REC. BK. 12682 PG. 533
FLAN : PL. BK. 237 PL. 43
S 76'-54'-46' E + S 76'-54'-46' E i
1 43.71' 39.25'
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AREA = 2660+/- S.F. Q -� AREA = 2495 +/- S.F. ru m
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a o cQ. NOTES:
Q DEED REFERENCE - RECORD BOOK 11046 PAGE 325
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- PLAN REFERENCE - 465/1941
m EILEEN LECLERC
DEED: REC. BK. 12444 PG. 130
- x PLAN : 465 OF 1941
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D.H. IN S. B. ( F0.) _ 40.13' _` 39.52
f N 77'-04'-36' W N 770-04'-36' W
D.H. IN S.B. ( FD.)
DOW (PUBLIC) STREET
D.H. IN S. B. ( FD.)
D.H. IN S. B. ( FD. )
PLAN OF LAND
IN
FOR REGISTRY USE ONLY }' SALEM
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PROPERTY OF
STEPHEN S. GRAY, BANKRUPTCY TRUSTEE FOR
FIDELITY GUARANTEE MORTGAGE CORP.
PREPARED FOR
SALEM POINT RENTAL PROPERTIES CORPORATION
I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND SCALE 1 ' = 10 ' JUNE 21, 1995
REGULATIONS OF THE REGISTERS OF DEEDS. 1 INCH 10 FEET NORTH SHORE SURVEY CORPORATION
lzl/9S E 2 10 0 i0 20 47 LINDEN STREET - SALEM, MA 01970
DATE— A S 11042
_
a HILL PLUMB NG & HEATING e
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__.
838 HUMPHREY STREET SWAMPSCOTT, MA 01907
24 HOUR SERVICE
*tel.: (617) 599-81.71* *pager: (508) 545-5727* *fax: (617) 593-9322*
10-10-95
To: Dennis Ross
From: Thomas D. Hill
Re; 51-53 Dow Street
Dennis,
TUmse let;the records show that Hill Plumbing & Heating will not be performing
miry' worQ at 51.-53 Dow Street, Salem, a Harbor Community Development Coop-
taj wivelect and wish to release ourselves of the Plumbing Pemit that was se-
ci cuFcd 4�{Ihat property.
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We-wilEN happy to answer any of your questions regarding this issue.
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Thomas D. Hill
The Commonwealth of Massachusetts Town of
Board of Building Regulations and Standardloomos
�. � Massachusetts State Building Code, 780 CMR, T"edition BwlJmg Dept
` Bwlding Permit Application To Construct. Repau, Renovate Or Demolish a gttldtRBtMANN&
(� One.ur Ttru•Fuoals-Du cHmg
\� Thi Section Far Official Use Only
( Budding Permit Number" Date Applied: tl
1V^J1 Signature: � D
BuildinglCommissioneri Inspector of Buildings Due
ti
SECTION I:SITE INFORMATION
�l.l Pro sty adrea: \ I.1 Assessors Map& Parcel Numbers
1.I a Is this an accepted street' Map Number Parcel Number
13 Zoning Information: 1.4 Property Dimensions:
::
Zoning District Proposed Use La Area Isq R) Fronuge IR) li
1.5 Building SetbacW(it)
Front Yard Side Yards Rear Yard
Required Provided Required Provided Required Provided
1.6 Water Supply:(M.O.L c.a0.154) 1.1 Fload Zone Information: 1.8 Sewage Disposal System:
Zone: _ Outside Flood Zone? Munieipel O On site disposal system O
Public O Private O Check if s0
SECTION 2: PROPERTY OWNERSHIP'
2.1 Owner'of Record: i"
Qh w\ —
Name(Prim) Address for Services`C \ \
signaturerele
SECTION l:DESCRIPTION OF PROPOSED WORK'(check am that apply)
New Construction O Eaisting Building O Owner-Occupied 0 Rere! s) O Alterations) 0 Addition O
Demolition O Accessory Bldg.O Number of Uni4_ Othm O Specify
Brief Description of Proposed Work': S
SECTION 6: ESTIMATED CONSTRUCTION COSTS
Estimated Costs: Official Use Only
Item Labor and Materials
I. Bwlding S I. Budding Permit Fee: S Indicate how fee is determined:
O Standard CilyiTown Application Fee
2 Elecmcal S O Total Project Cost'(Item 6)a multiplier a
J Plumbing S 2. Other Fees: f
a. Mechanical IHVAC) S List:
s Mechanical (Fire S Total All Fees: S
Su ession
Check No. _Check Amount: Cash Amount:
n Total P►oject Cost S � O � 0 Paid in Full ❑outstanding Balance Due
SECTIONS: CONSTRUCTION SERVICES
5.1 Licensed Construction Supervisor ICSL) \ --C6 n) 1�
.. V-4 I� N ` J�.�` Lwense Number Espuauon Date \ A N,Itoe of C L Ilyltkr List('SL lype 1><^e heluw) v_1
A,Akess r I) T Description
U I Unrestricted(up to 35,000 Cu. Ft
R Restricted l A2 Family Dwelling
Signature �� .M Mason 0l
—L-�` ^ r,�� ^1��a-J RC Residential Rooring Covering
Telephone W S Residential Window and Siding
SF Residential Solid Fuel Burning Appliance Installation
D I Residential Demolition
5.2 Registered Home Improvement Contractor(HIC) \ ���
W"A', w— Ste.-+._�
HIC Company Name a HIC R;viZ t Name Re(psnation Number
Address
Expiration Date
Signarm Telephone
SECTION 6: WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L,c. ISL f 2SC(6))
Workers Compensation Insurance ailidavit 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 ARWavitAttached' Yes..........0 No...........0
SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I. ss Owner of the subject property hereby
authorize to act on my behalf,in all matters
relative to work authorized by this building permit application.
Si nature of Owner Date
SECTION 7b:OWNEW OR AUTHORIZED AGENT DECLARATION
as Owner or Authorized Agent hereby declare
that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and
behalf.
Q , � r Sh
Print Name
Signature of Owner or Authorized Agent Date
Soared under the ins and penalties of
NOTES:
I. 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 gg 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 110 R6 and 110.RS,respectively.
2. When substantial work is planned,provide the information below
Total Goon area(Sq. Ft.) lincluding garage, finished basemenVanics,decks or porch)
Gross living area I Sq. Ft.) Habitable room count
Number of fireplaces Number of bedrooms
Number of bathrooms Number of hallbaihs
Type of holing sysrem Number of decks porches
Ts pe of cooling syuem Enclosed Open
1 'Total Protect Skluare Footage"may he.uh,muted for 'Total Project Cost'
The Commonwealth of Massachusclls Town of
Board of Budding Regulations and Standards
Massachuscns State Budding Code, 780 CMR. 7'6 edition Bu�IJr q
Building Permit Application To Construct Repair. Renovate Or Demolish a
Onr• w Twu•fumrft DurHrng
This Section for OfFtcral Use Onl
Building Permit Number Date Applied:
Signature:
//ZED
19Wmg'Commitsarotwd Inrpertao(Bu'Ids DaM
SECTION I:SITE INFORMATION
s y ddress: _ \ 1.8 Assessors Mop✓t PereN Numbers
1.Is Is this an accepted street:'yes no Met;Number Pure)Numbs
1.3 Zoning Ieformstloe: 1.4 Property Dimensions:
Zoning Dtsinct Proposed Use - -Lot Am@(sq(1) Fromage(R)
1.15 Building Setbacks(R)
Front Yard Side Yarde Rem Yard
Required Provided Required r Provided I Required Provided
1.6 water Supply:(M.G.L e.a0,f se) 1.7 Flaod Zo .0 information: 1.8 Sewep Dbposat System:
rt Zmr• — Outside Flood ZaM7 Mwicipal D On site disposal system
public D Priva O O
Cheek if sD
SECTION 2: PROPERTY OWNERSHIP'
2.1 Owner'of Reeord: i
Qy..�s\t C-,rer,�.F�`� 1-A�< s '7 1 �` —
Nome(Print) - r Address for Service:
S181"Iftue Telepikons
SECTION J:DESCRIPTION OF PROPOSED WORK'(cheek aU that apply)
New Construction D Eaisting Building 13J Owner-Occupied D 1 Repsirs(s) D 1 Alterstion(s) D Addition O
Demolition D Accessory Bldg.D 1 Number of Units_ I Other D Specify:
Brief Description of Proposed Work': r'
SECTION 4:ESTIMATED CONSTRUCTION COSTS
Estimated Coils: OOlcial Use Only
Item Estimated
and Materials -
I. Building f I. Building Permit Fee: f Indicate how fee if determined:
D Standard City/Town Application Fee
2 Electrical f 2.Total the Fees: Cost'I Item 6►a multiplier
Plumbing S 2. Other Fees: f
a. Mechanical (HVAC) f List:
t Mechanical ifire S Total All Fees: S
Su esston
Check No. _Check Amount Cash Amount_
6 Total Project Cost f C\ , 0 Paid in Full 0 Outstanding Balance Due'
SECTION !: CONSTRUCTION SERVICES
5.1 Licensed Construction SupervisorlCSL)
M \" ,"\\` Ltacn.e.Number Expiration Dare
NtraeL• IIpIJer Lw CSL Type lAv bcluw)
�� t
AJJreu 7MIR I Description
U Unresmcled to)f,000Cu. Ft
R Resutcied 1`2 Family Duelling
Sigriatwt .N .Na Only
117 `»`7 ��'�� RC Residential goofing Covering
Telephone wS aeaiJemial Window and Siding
SF Residential Solid Fuel Burning Appliame Installation
D I Residential Demolition
5.2 Registered Home Improvement Contractor(HIC)
\.41*%\1 w S \SJti, a,'�
HIC Company Name or HIC Registrars Nam R Repunumn Number�
Adtlreta .�
Expiration Data
signuwe Telephone
SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.e. ISL# ISC(6))
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide
this allidevit will result in the denial of the Issuance of the building permit
Signed!AMdavitAnsched? Yes..........13 No...........0
SECTION 76: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.
Si oftTvner Dace
SECTION 7b:OWNER'OR AUTHORIZED AGENT DECLARATION
as Owner or Authorized Agent hereby declare
that the statements and information on the foregoing application are We and accurate,to the best of my knowledge and
behalf.
Rini Nunn 1 '
Siltation of Owner or Authorized Agent Date I Da
;Sived under the gains and penalties of
NOTES:
I. 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 1 HIC)Program),will go 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 730 CMR Regulations 110 R6 and 110 RS.respectively.
2. When substantial work is planned,provide the information below:
Total Moon area(Sq. Ft.) Iincluding garage, finished basement/anics,decks or porch)
Gross living arcs(Sq. Ft.I Habitable room count
Number of fireplaces Number of bedrooms
`umber of bathrooms Number of half baths
Type o(heating tystern Number of Jeckv porches
T)pe o(coohng system Enclomd Open
1 "Tool Protect Syuare Footage'may he,uh.ttiuuJ for"Total Project Coo-