5 DUNDEE STREET - BUILDING JACKET i
{ 5 DUNDEE STREET ft
f
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
IZU WASH ON REET,- -FLOOR CTS-"-------
SALEM, MASSACHUSETTS 01970 q ��
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF CONG NGUYEN REQUESTING A VARIANCE ANO
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT•5 DUNDEE STREET R-1
A hearing on this petition was held September 15, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Stephen Harris and
Nicholas Helides. 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 and Variance from rear yard setback to
construct an 11 x 14 sunroom on existing deck for the property located at 5 Dundee
Street in an R-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses, provided, however, that such change extension, enlargement or
expansion shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests may be
granted upon a finding by the Board that the grant of the Special Permit will promote the
public health, safety, convenience and welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which especially affect the land,
Building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district or the
of the Ordinance
DECISION OF THE PETITION OF GONG AIG LIESTINGA_VARIANCE_AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-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. Petitioner appeared and represented himself at the hearing.
2. The Petitioner is seeking a Variance from rear yard setback to construct an 11 x
14 sunroom on existing deck.
3. Plans were submitted showing the proposed sunroom.
4. There was no opposition to the proposed plans.
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, 5 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations e
t c-)
2. All construction shall be done as per the plans and dimensions submitted and m r`*,
approved by the Building Inspector. N �T
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3. All requirements of the Salem Fire Department relative to smoke and fire Car--
safety shall be strictly adhered to. _D ?i3
M
4. Petitioner shall obtain a building permit prior to beginning any construction. — n
cn
5. Exterior finishes of the construction shall be in harmony with the existing structure
6. Petitioner shall obtain a Certificate of Inspection.
DECISION OF THE PETITION OF DONG NYUGEN REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-1
page three
Special Permit & Variance Granted
September 15, 2004
/ A' OC `
Ni na Cohen
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.
e c7
Board of Appeal
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508-745-9595 fxt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer December 15, 1994
Phi Cong Nguyen
5 Dundee Street
Salem, Mass. 01970
RE: 5 Dundee Street
Dear Mr. Nguyen:
This office has a complaint through the Neighborhood Improvement
Task Force alleging that to many people are occupying the (1) one family
dwelling located at the above mentioned property. This residential property
is located in a R-1 residential area and can only be occupied by a family, or
by three (3) unrelated persons.
Please contact this office upon receipt of this letter as a resolution
can be found in this matter.
Thank you in advance for your anticipated cooperation in this matter.
Sincere ,
Leo E. Tremblay
Inspector of Buildings
LET: sem
cc: Dave Shea
Councillor O'Leary, Ward 4
Certified Mail # P 921 991 656
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NEIG$BOi1�., QDA WROV . T TQ FQ': �aE
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Address: Phone
Complaint:
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Compiainant:
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DAVID SHEA. CHAIRMAN KF-VI4XEY w
FIRE PREVENTION
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PLANNING DEPA& �.-ENT
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PLEASE CHECK THE ABOVE REFERENCED COMPLAINjI AND RESIO,ND TO DAVE 5
SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSI5TANCF
lC!a ill
ACTION:
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FIELD COPY
~ CITY OF SALEM BUILDING.
SALEM, MASSACHUSETTS 01970 PERMIT
•� VALIDATION
4E�
DATE DP.-. 1P 1992 PERMIT No. 559-92
APPLICANT an T.anham ADDRESS IxO.I a pi»� ICOcxvPS•EICEx3f�—
TL�,,r/� lG'�TT-FK� - NUMBER OF
PERMIT TO L1FS� (_I STORY�T"�. .MY-1 DWELLING UNITS
IIYPE OY 1MPROYEMCxT1 .0. 1PPOPOSED VSEI -
AT ILO:AT'Ohl 5 D'D.7ao St S" I 4
ZONINGIT
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BETWEEN AND
IC.05, STREET1 .1[.053 ST P[[ll
LOT
SUBDIVISION LOT BLOCK S1IE
BUILDING IS.TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION '
(TnE)
REMARKS: DowLiIph deck, & rehuild tenmraryA7 stairs
Z R/IN�PE7CTION 745-9595
YOL PERUME ESTIMATED COST ���- -� FEEMIT S 20i00
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u 81 Jc:e c.5ow..E P[fn
aWHER David Jean Lagham T
^DREss 5 Dunde St_Salem,MA Maurice M. Martineau
ASSISTANT INSPECTOR OF BUILDINGS
INSPECTION RECORD
DATENOTE PROGRESS CRITICISMS AND ■EMAMXS INBECTOA
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REFERENCE., — PLOT PLAN OF LAND
DEED: REC BK. 5943 PG. 144
PLAN: ISI )q0t GALEL. LOCATED IN
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OA TE PEG, PROFESSIONAL LAND SURVEYOR SCALE., 1 "=Z0 ' Nov- 2.3-, 1992
NORTH SHORE SURVF_Y CORP.
209 WASHINGTON ST.- SALEM 0 MA.
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DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT
5 DUNDEE STREET (R-1)
A hearing on this petition was held November 18, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , Edward Luzinski and Stephen Touchette. 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.
Petitioners, owners of the property, are requesting variances to allow an
existing deck and shed in this Residential Single Family District (R-1)
The Variance which has 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 petitioner.
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 or 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. The original porch and stairs were in poor conditions.
2. The location of the house and the shape of the lot make it impossible bo
comply with the 30 foot rear setback requirement.
3. There are not dwellings on the undeveloped lot behind the petitioners
lot.
4 , There was opposition from the owner of lot #57 on Calumet St. who was
concerned about the effect of the variance on his development of his
property.
II
i
DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR
VARIANCES AT 5 DUNDEE STREET, SALEM
page two
5. The shed is movable.
Onthe basis of the above findings of fact, and on the evidence presented
at! the hearing, the 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 Zoning Ordinance would '
involve substantial hardship to the petitioner.
3. ' Desirable relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
I. ; 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 with the exception that the shed is to placed a minimum of five
(5) feet from the property line on Calumet St. '
3. I Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. , Petitioner shall obtain a legal building permit from the City of' Salem
Inspector of Buildings.
5. j The grant to allow this deck shall not have a negative bearing on the
development of the property shown as lot $51 of the City of Salem
Assessor' s Map of Calumet Street, also known as 31 Calumet Street
VARIANCE GRANTED
November 18, 1992
Sten C Touchette,
Board of AppealC15 q
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DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM
FOR VARIANCES AT 5 DUNDEE STREET, SALEM
.page three
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
0m 17 191 . ._
I hereby certifp that 20 days have expired
from the date 'this instrument was received,
and that NO-APPEAL hos`been filed in this
office. . o <yt
A True. Copy
ATTESTS jY�LERK, em, Mass, s w
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to L6
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Agreement made this 30th day of November, 1992 by and between
David B.i Lapham and Jean M. Lapham (hereinafter called Sellers) and
Cong Phi Nguyen and Nam T. Cao (hereinafter called Buyers) .
Whereas, the Buyers have agreed to buy the premises at 5 Dundee
Street, Salem, Massachusetts and the Sellers have agreed to sell said
premises and
Whereas, the deck attached to the rear of the dwelling to be
sold does not comply with the Zoning Ordinance of the City of Salem and
Whereas, the Sellers have obtained a variance for said deck and
Whereas, the "appeal period" for said variance has not expired
and
ighereas,...both :parties . desire a conveyance of ..the premises before
the expiration of said appeal period,
Now, Therefore, for consideration paid, the receipt of which is
acknowledged by all parties, it is agreed:
1 . The Sellers- shall remove the present deck from said premises
forthwith.
1. Sellers shall construct a platform and stairs adequate for
egress from the back door of the dwelling.
3 . Sellers shall pay Buyers the sum of $4 ,322 . 00 if there is a
timely appeal filed with a Court of competent jurisdiction before the
appeal period expires on December 15, 1992 .
4 . Sellers will cause a substantially indentical deck to be
reconstructed on the premises at their expense if there is no timely
appeal filed with a Court of competent jurisdiction on or before
December 15, 1992 .
4 Buyers and Sellers both agree to pass papers at 2 :00 P.M.
December 4, 1992 pursuant to the Purchase and Sale Agreement between
the parties dated October 10, 1992, which agreement remains in full
force and effect except as modified by this Agreement.
$xecuted as a sealed instrument dthis ®30th day of November, 1992 .
David B. Lapham qq
Dean M. Laphetm
Cong Phi } gu en
�C?'Y)'L CiC�CiU
Nam T. Cao
1.
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1 PEAR., 71TCNTP'F, CREAN, COOX & SH=HAN
ATTOPNEYS AT LAW
SO MAIN 6TPECT
JOHN M.CPLAN PEABODY'MASSACHUSETTS 019B60652
061VCR T.COOK MATTMEW J.KAVANACH
WILLIAM M.SNCEHAN 111 PEABODY(S08)081.1710 MICMACL S.HOULbEN
THOMAS C.PEGANI F.C. BOSTON(617)2BB•bau LAWR4NCC J.O•KtCFE
MICMACL T.SMERCI'NSK1,PE FAX IBOB)OL1 yByS
SAMUEL PEARL,OF COUNSEL
JOHN A.M[NIIT pF COUN6L
ARYMUP J.FPAWLEY.JR.,OF MOUNSE1,
FAX TRANSMISSION COVER LETTER
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A;DRESS:
O FIRM:
F} OM:
D TE: Dt /a2-
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N MBER OF PAGES INCLUDING THIS PAGE
O ERATOR''S INITIALS
JT E INFORMATION CONTAINED IN THIS FAX MESSAGE IS INTENDED
O LY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED
RCIPIENTS NAMED ABOVEI THIS 'MESSAGE MAY BE AN ATTORNEY-CLIENT
C MMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF
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Y U ARE BEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN
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I
I
-- Plait must be filed and approved by the Inspector before a permit for a action will be granMd,
dupiiof which when approved by ng,the Inspector shall be kept at the building,
dsuirs0
eata
the progress of the work.
Na��9 3 City of Salem W
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TEL.$
�" STATE LIC.
APPLICATION CITY OF SALEM LIC./- 6=
FOR
PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS
Salem.mass.,
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies (or"emit to build according to the following specifications:
Owner's name and address
Architect's name Aa
zT
Mechanic's name and address.l�m ZC t'/Ni✓/ /� F�ig- /�I . lC�i�KlF/st'/J C3
Location of building. No.�
What is the purpose of building?
Material of building?
�G /�YYITf
if a dwelling, for how many families?
i
Size of Addition: No. of feet trout.: No. of feet real. No. of feet deep,
No. of stories?
No. of feet from the level of the ground to the highest part of the roof?
How near line of the street?
How near line, of the adjoining lot?
What will be the moans of access to the roof!
Size of floor timbale. lst� ; lod.- 3rd : dot' tiro .. ...
Span. Distance on centers?
Size of carrying timber!
Distance of supports on centers-
What kind of support!
Will the building be erected on solid or filled land!
What is the material of foundation--
Will the root be flat. pitched. mansard or gambrel!
Material of root covering!
Wdl the building be heated by oteam or hot water or hot sir!
No. of brick walb! When located! Thleknaasl�
Will the buildin eodorm to, the requirements at the law!
Frtimated cos
Stgsatnee of applial"
REMARKS sict;:D UNDE. r.
PEIte:LTY OF PERXRY
No:�T_ W
APPLICATION FOR
PERMIT TO BUILD ' A
ADDITION OR MAKE ALTERATIONS
Location
PERMIT GRANTED .
19 9�
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fn.'
DECISION ON THE-PETITION OF DAVID AND JEAN LAPHAM FOR VARIANCES AT
5 DUNDEE STREET(R-1)
C -
A hearing on this petition was held November 18, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , Edward Luzinski and Stephen Touchette. 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.
Petitioners, owners of the property, are requesting variances to allow an
existing deck and shed in this Residential Single Family District (R-1)
The Variance which has 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 petitioner.
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 or 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 . The original porch and stairs were in poor conditions.
2. The location of the house and the shape of the lot make it impossible to
comply with the 30 foot rear setback requirement.
3. There are not dwellings on the undeveloped lot behind the petitioners
lot.
4. There was opposition from the owner of lot 1157 on Calumet St. who was
concerned about the effect of the variance on his development of his
property.
DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM FOR
VARIANCES AT 5 DUNDEE STREET, SALEM
page two
5. The shed is movable.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, 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 statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted with the exception that the shed is to placed a minimum of five
(5) feet from the property line on Calumet St.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. Petitioner shall obtain a legal building permit from the City of Salem
Inspector of Buildings.
5. The grant to allow this deck shall not have a negative bearing on the
development of the property shown as lot #57 of the City of Salem
Assessor's Map of Calumet Street, also known as 31 Calumet Street
VARIANCE GRANTED
November 18, 1992
jC �LiaG,KC t��
Stephen C Touchette o
Board of Appeal Jr
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DECISION ON THE PETITION OF DAVID AND JEAN LAPHAM
FOR VARIANCES AT 5 DUNDEE STREET, SALEM
page three
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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APPLICATION FOR
PERWr TO
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APPf�OV�D
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PLEASE ML OL1T LWLY A COYPI.ETELY TO AVOID DELAYS N PNXWA Np
TO THE INSPECTOR OF WJMNG&- '.
hw* appMss for a pamtk to buMd aocad ft to the t ftwMg
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
1 ON TREET, 3RD�LOOR -__-- -C,
SALEM, MASSACHUSETTS 01970 q r-
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 T'y
MAYOR FAX: 978-740-9846 0-.3
7 � v
I
DECISION OF THE PETITION OF CONG NGUYEN REQUESTING A VARIANCE AN6
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-1
A hearing on this petition was held September 15, 2004 with the following Board
Members present: Nina Cohen, Bonnie Belair, Richard Dionne, Stephen Harris and
Nicholas Halides. 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 and Variance from rear yard setback to
construct an 11 x 14 sunroom on existing deck for the property located at 5 Dundee
Street in an R-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
nEGICIAwI !lE THE PETITION AC GONG NIG R€% __—
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-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. Petitioner appeared and represented himself at the hearing.
2. The Petitioner is seeking a Variance from rear yard setback to construct an 11 x
14 sunroom on existing deck.
3. Plans were submitted showing the proposed sunroom.
4. There was no opposition to the proposed plans.
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, 5 in favor and 0 in opposition to grant the
relief requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations m C-,
c-,
2. All construction shall be done as per the plans and dimensions submitted and m rm
approved by the Building Inspector. Iv T
r vi c..,
3. All requirements of the Salem Fire Department relative to smoke and fire o n
safety shall be strictly adhered to. D
rn3
4. Petitioner shall obtain a building permit prior to beginning any construction. v
5. Exterior finishes of the construction shall be in harmony with the existing structure
6. Petitioner shall obtain a Certificate of Inspection.
it
i
J ,
DECISION OF THE PETITION OF DONG NYUGEN REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5 DUNDEE STREET R-1
page three
Special Permit & Variance Granted
September 15, 2004
4l / N
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.
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REFERENCE.• PLOT PLAN OF LAND
DEED PEC BK. 59g3 PG.
PLAN: 1511 )q(k LOCATED IN
SR4 E M
PREPARED FOR
4AE
z DOD f TERM LAPHgm
EG�ION L LAND SU SCALE. 1 "=20 , Ocr G, 1912
GAI NORTH SHORE SURVEY .CORP.
S SA TH H 209 WASHINGTON ST.- SALEM, MA.
b 9 No.350430 oe
9pn�, PG�STEPO ,,tea
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LAYOUT FLANS 4 "� WALL 5ECTION5F,
EXI5TING BUILDING
DE- 00 U
A
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°= 5TI-M 51DE WALL(A) STUDIO 51DE WALL(6)
4.5'D UM � A55EM13LY DETAI1-5 ,
B-WALLq� , Q SEE ALLOWABLE LOAD I -
1O, ABLE FOR PANEL SIZES
STUDIO FLOOD PLAN 0 �_ 0 MINIMUM SLOPE mz
0 .5' .5'. w, P'lR GO[IER FASCIA
HEADER 5UPPOP.T BEAM
Q r S Q F SLIDING DOOR.I TFAN50M(OPTIONAL)
STUDIO FRONT WALL(13) OR WNDow
ALLOWADLE LIVE LOAD TABLE FOR 11 FT. PANEL WITH 10 FT. OR LE55 5PAN TEMPERED GLA5a —
20 PSF 25 PSF 30 EST 35 PSF 40 PSF 45 PSF 50 PSF 55 PSF 60 PSF
3"HC 3"HC 3"HC 3"HC 3"HC 31D 3"HC u'TIC4 3"HC+H FLOOR CHANNEL
3"EP5+H 3"EPS+H 3"EPS+H 3"EP5+H WEPS+H 3"EPS+H I 3"EP5+11 I 4.5"EPS+H 4.5"EP5+H
NOTE5 FOR STUDIO CON57UCTION - DECK/5LA13
1.ALLOWABLE LOADS ARE BASED UPON 8.PANEL5 MAY ONLY BE USED IN ROOFS AND WALL5 WHERE 16.ABBP.EVIATION5: rw
THE LESSOR OF THE ULTIMATE LOAD/2.5 CLA55 B OR CLA551I INTERIORD=DOOR C5M=CRAFT-5ILT MANUFACTURING INTERIOR FINISHES ARE PERMITTED TYPICAL STUDIO SECTION
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W=WINDOW FT=FEET ss
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' PANEL5 WITH ALUMINUM SKINS BONDED i0 NOi PERMITTED. HC=HONEYCOMB PANELS IBC=IN7ERNAl 10NAL BC
HONEYCOMB/P0LY5TYKENE COKES(3",4 W" 10.CONTRACTOR i0 PROVIDE FALL PROTECTION PER LOCAL CODE5, EP5=POLY5TYP.ENE PANEL5 UBC=UNIFORM BC ���ppp
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ARE CONNECTED USING VINYL CLEATS OP,He. OR GREATER ABOVE AN EXTERIOR SURFACE. ALUMINUM H-5TIFFENEK 5BC=5TANDAPP BC
P=PANEL MFG=MANUFACTURER
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ICAilONS .`
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, �T em50-10WO GENEPAL LAYOUT
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1 Action Blvd. Unit 1 Londonderry,NB 03053 phone: 603-537-9256 fax: 603-537-9258
AFFIDAVIT
In accordance with Article ] Section 114.1.3 of the Massachusetts State Building Code, I
certify that all debris resulting from work associated with Permit #
will be properly disposed of at Betterliving Sunrooms 1 Action Blvd. Londonderry, NH
03053 licensed solid waste disposal facility as defined by MGL Cll, S150A.
Flame&Address of Project:
Street Address I UNJFC S�Ct c c— 9
City/state/Zip SA( tsd✓I AA- o i cl a-,
Name of Permit Applicant
(please print name)
Signature of Permit Applicant .
(please sign name) -
Date: v
Betterliving Sunrooms
1 Action Blvd.Unit 1
Londonderry,NH 03053
MAY-09-2005 02 : 18 PM BET.TERLIV.ING 1 508 870 5756 P. 01
FArbor
wl. %RPvmn D Drv%I c vl' I.IF►1311 .l I T INUUMANCE OAT*TMM'DI
ERTI Ic /0 OS
THUS AS A nA ER OION
eon* ONLY AND CONFERS NO RIGHTS UPON THE CeRTHgC ATE
e Insurance A inc Inc. HOLLER THIS CERTIFICATE DOES NOT All EXTEND OR
3 9 YI ALTER THE COVERAGE AFFORDED BY THE POLICIES SlLow.
I 48108-0333 INSURERS AFFORDING COVERAGE
PeDO ROpR16 0l Now H*mpshlre INBURBn A: H*tterlMng Bun Rooms Of New INSURER R., __ --
1 Acflsn BNvd Unne No.
� INSURER t —'
Londonbsrry,NH 07063 INSURERU:
COVpRAOCB INEURER E _
THE POLICREQUIES REOFUVBURAM O CONDITION OF
SEEN ILSUEDTO THE INSURED NAMEDADCVE FORn1EpOLICY pERIOpINDIGAtEb.NOTWRHSTANDING
ANY REQUIREMENT I TERM OR CONORDED B ANY DO IN
OR OTHER DOCUMENT IMI RESPECT TO WNION TNIe CERTIFlCATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICICS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, THIIE CERTI AND CONDITIONSSU SUCH
POLICIES.A00101II ATE LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS.
rYPDOPwauRANeE FOUCYNUNagi -�—� �_
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CLAIMS MADE OCCUR _.-..-_ 5000
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—' •PERSONAL E AOV INJURY 1 00
GENERAL AGOREMTE 1
GBMLAppAEB_ATE LR1R APPLIED --
u POLICY Pam' � tOC PROMOTV-00M!gPADO 1 -... .Y,DOD•000
A Au oM01Iu uEun 35 UEG UH3919 02/0112DOS 0 2101/2 0 0 5 COOxa vINOLEUMn a 10W cD4
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CERTIFICATE HOLDER ADOITIOMAL MIA MI INSURER LETTCI: CANCELLATION
SHOULD ANY DF THE AaM 15011000 DI'OLIC!-0BEOANOELLCO MrOM THE URRArM
Inaured Copy DATE THE MBEF1 THE DEEMS INEUARR VALL ARDIAVOA TO DUB.N DAYS WRITTE"
NDnOE To YHa ceATIFDAn HOLDER AAMED To YNi uL SLIT PAILURO TD DO SO SHALL
IMPON NO OELIOATDN OR LIABILITY OF ANY KIND UPON THh 1NSUAER ITS AGEATI OA
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R 'd TOT8 299 bEL GUT#*UOBNOWRdr SO =ET 9003 60 Apw
"e Commonwealth of Massachusctis
i� Board Of Building Regulations and Standards CITY OF C
Massachusetts State Building Code. 730 NIR SALL M'L'�.• Keri I.ILv_'lJll
Building Permit Application To Construct, Repair. Renovate Or Den, is a
One- or Tuv-Furndi,Du ellinx
This Section For Official_Use Onl
Building Permit Number: Uate: ppli-d: II
Building Official(Print Wane) Signature Uale
l�
SECTION 1:SITE INFORMATION
1.1 PropertOAJ �y Address: 1.2 Assessors Map& Parcel Numbers
V
I.1 a Is this an accepted streetq yes no Map Number Parcel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Proposed Use Lot Area(sy It) Frontage(R)
1.5 Building Setbacks(B)
Front Yard Side Yards
Near Yard
Required Provided Required Provided Required Provided
1.6 Water Supply:(M.G.I.c.40, §54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System:
Public❑ Private❑ Zone: _ Outside Flood Zone?
Check fifes❑ Municipal ❑ On site disposal system ❑
SECTION 2: PROPERTY OWNERSHIP'
2.1 Ow_ner'of Record: A 9
Name(Print) C tty,state,!.I P
5 Diuw Ea S-i- �j?kyg1- C �8 �l
No.onJ Strcc' Telephone Finaii Address
SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply)
New Construction❑ Existing Building O Owner-Occupied ❑ Repairs(s) 'Iteration(s) ❑ Addition O
Demolition ❑ .accessory Bldg. ❑ Nuntberof Units Other ❑ Spccily:
Brief Description of Proposed Work': "fk /I� —
SECTION J: ESTIMATED CONSTRUCTION COSTS
Reno Estimated Costs: -
(Labor and .\lalerials) Official Use Only
I. Building S I. Building Permit Fee: E Indicate how fee is determined:
'_. Electrical S ❑Standard City/Town Application Fee
❑Total Project Cost(Item 6)x multiplier .x 7, Plunihi°g S ?. Other Fees: S --- -----
1. \hcan al List:_
V —�lcz
t �. . cdlanica 0-ire
S - - --tiu„rc>siun) Total :\II Fees: 5
Total Project Cast: 5 Qr joe Check No. ---Check :\m m t
ount: - _._ _Cash :\ oun _
13�0 0 Paid in Full 13 Outstanding Balance Due:
SECTION 5: CONSTRUCTION SERVICES
5.1 Construction Supervisor License(C'SL)
_ 0 -9--3.-- - �1-:7 13
+ USTI,+� 1�-P yt^ __L_Q._._-- License Number I'spir;uion Dula
N;unc al'C'Sl. I folder
ListCSI. 1)pcI see bc low)
_-_
-I's Description
N". :md Street
� ll l4»cslrieted(Buildings ti o t ?S,000 nt. ILI
S��`� ��-_ /11-1 F'J�_. � R Rc.tricleJ I.�'2 I umil D»ellin
Cirri fatut.Sl;LLe.ZIP M ALuon
RC Rtwlin C'overin
W'S Window;md Siding
_ p� SF Solid Fuel Burning Appliances
-79-S 31_�g'' 1 1 Iuul Lion
l'ele hone Email address D Danwl ikon
5.2 Registered Home Improvement Contractor(HIC) ' /)� q S3 4 lF t 1
AA i+t at 4 nn? ,::)�)tZ C� IIIC Registration Ntunlxr 16icnruuuo D'at�c
I IIC_Coinpan) N;u»a or I IIC' Rygistrant Nm e i
�a `TiAi�@M'ci C2 11151i", {tq
Nuf,Ld Strea
Email addressas gA
Ci Rown State,
rele ho e
SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G,L.c. 152.1 2SC(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........... E3
SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I, 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.
Print Owner's Nw»e(Electronic Signature) Dute
SECTION 7b: OWNER' 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 accurate to the best of my knowledge and understanding.
T �I A )e- 114 A L 0
Print Owner's or Atithorired Agaat's Name(L. ectrunic Signature) Date
NOTES:
I. An Owner%vho obtains a building permit to do his.her own work,or in owner who hires an unregistered contractor
(nut registered in the Home Improvement Contractor(HIC) Program).will mr 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
\twit n�.n. �; +t Information on the Construction Supervisor License can be found at ��o% It),
2. %%'lien substantial work is planned, prov ide the information below:
Total flour area(sq. B.) _ (including garage, finished basement attics.decks or porch)
Gross Iicing area(sq. 11.) __-- Habitable room count
\umbcrof fireplaces.__. -_ —.-_-- Numberufbedruoms
Vumhcrofbathrounu -_ -- Numberofhalfhallis
I)pa of heating System _- -_ Number of decks, porches
ry pe of Cooling iy steln LnClnscd 01'en
), "l oral Project Square Footage- may he substittncd for"folal Project Cost"