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38 ENDICOTT STREET - BUILDING JACKET i �38 ENDICOTT STREET. . CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 1815 DEC 3 P I• 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 j J KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAx:978-740-9846 CITY CLE'qF ILS MAYOR 'i L€.4 N i g December 30, 2015 Decision City of Salem Board of Appeals Petition of MICHAEL GIARDI and JOANNE MATTERA, requesting Variances seeking relief from Sec. 4.1.1 Table ofDmrensional Requirements for aminimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12' x 12' deck located at the properties 73 SUMMER STREET and 38 ENDICOTT STREET (Map 25 Lot 614 and 616) (112). A public hearing on the above Petition was opened on December 16, 2015 pursuant to M.G.L Ch. 40A, C 11 and closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Duffy, Mr. Copelas,Mr. Watkins,Mt. Viccica (alternate). The Petitioner requests Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements for a minimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12'x 12'deck. The Zoning Board of Appeals heard a joint public hearing for the two (2) petitions located at the properties 73 SUMMER STREET and 38 ENDICOTT STREET(Map 25 Lot 614 and 616) (112). Statements of fact: I. Petitioner Joanne Mattera,presented the petitions. 2. In the petitions date-stamped November 23, 2015, the Petitioners requested Variances seeking relief from Sec. 4.1.1 Table of Dimen.aonal Requirements for a minimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12'x 12'deck. 3. Property owner, Michael Giardi of 73 Summer Street requested a Variance for relief from Sec. 4.1.1 Table of Dimensional Requirements for minimum rear setback and property owner,Joanne Matters, of 38 Endicott Street requested a Variance for relief from Sec. 4.1.1 Table of Dimensional Requirements and minimum side yard setback to allow the construction of a shared 12 x 12 deck. 4. Both petitioners propose to construct a portion of a shared 12' x 12' deck to the zero (0) lot line to each property. 5. Each petitioner will have access from their own properties to the shared outdoor space. 6. The Board suggests that the petitioners work with a land use attorney to write-up a deeded agreement between property owners for future neighbors. 7. The requested relief,if granted,would allow the Petitioners to have a shared 12'x 12' deck. 8. At the public hearings one (1) member of the public spoke in favor and none (0) spoke in opposition to the proposal. City of Salem Board of Appeals December 30,2015 Project:38 Endicott Street and 73 Summer Street Page 2 of 2 The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Variance: 1. Special conditions and circumstances that especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district is that the buildings consume the entire lot and there is no existing outdoor space. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship due a lack of any outdoor space and the proposal will not affect anyone in the neighborhood or be a detriment to the public good. 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. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor (Ms. Curran (Chair), Mr. Duffy, Mr. Copelas, Mr. Watkins, Mr. Viccica (alternate) and none (0) opposed, to grant Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements for a minimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12'x 12'deck located at the properties 73 SUMMER STREET and 38 ENDICOTT STREET (Map 25 Lot 614 and 616), subject to the following terms, conditions, and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. The petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered. 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. 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. Rebecca Curran,Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if arty,shall be made pursuant to Section 17 of the Massachusetts General Lows Cbapter 40A, and shall be fikd within 20 days of fifing of this decision in the office of the Cry Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Perrnitgranted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk hay been filed with the Essex South Registry of Deeds. y cu.nra Of 'Snknt, ttss�zr ,use s A10 :4 '82 MAR 17 9 Poarbr of Amvd CITY C+ERn'S 0MCE DECISION ON THE PETITION OF JOHN SPINALE FOR SALEI'i MASS.A SPECIAL PERMIT FOR 38 ENDICOTT STREET 'I 7 A hearing on this petition was held on March 10, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, Piemonte, and Feeherry and Associate Member Luzinski. 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. The Petitioner has requested a Special Permit to convert the- second floor of the existing structure on the site into a.studio apartment. The property at 38 Endicott Street is in an. R-2 zoning district; however, the property. is also subject to the terms of a prior decision of this Board which can be interpreted as limiting the use of the property to its current non-conforming use as a garage. Thus, Petitioner's request constitutes a request for a change in a nonconforming use. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sectin VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming struc- tures, and for changes, enlargement, extension or expansion of noncon- forming 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 rule 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. The Board, after considering the evidence at the hearing on this matter, makes the following findings of fact: . — .-0- 1) The proposed use is in keeping with the residential character of .the neighborhood. 2) The proposed use was not strenuously opposed by any neighbors. On the basis of the above findings of fact and on the evidence presented at the public hearing, the Board of Appeal finds (i) that the proposed use of the property will not be substantially more detrimental than the existing use to the neighborhood, (ii) that the proposed use of the property will �F promote the public health, safety, convenience, and welfare, and (iii) that the ttV proposed use of the property is in harmony with the Salem Zoning Ordinance. Accordingly, the Board unanimously approves the granting of a Special Permit DECISION - JOHN SPINALE - MARCH 10, 1982 '82 MAR 17 A10 :49 Page 2 CITY CLEWS N FICE s, SALEf.,� to the Petitioner. The Special Permit is therefore granted in accordance with the followng terms and conditions: 1) The second floor of the structure at this site may be used for a studio apartment as shown on plans submitted to the Board. 2) The Petitioner shall comply with all applicable provisions of Mass. Gen. Laws and the State Building Code relating to smoke detectors. s_. 3) Plans for smoke detector(s) shall be submitted to the Salem fire Marshal, for stamped approval. 4) One parking space shall be maintained at the site for use by the occupant of the studio apartment. r , Antho y M. Feeherf I APPEAL FMIA TITS T TO ° -N 17 OF THE L':ASS. Gu ERF,LLR S C-'y�T3•+ OniE OF FILING OF T11130_04,.9; - ^ Pv TO $ ^h 3. G T T O �,_ •AC P- "ff':IIT OR r T. IF r'.I+ . I - ,. 1 C.-.:: cl•aD IN THE Sjj- is Of RECORD OR IS R CJR 0 ?..0 L..;tJ TO,r THE W,T as �c.it FT ni. w ?TILE.,. "c ws BOARD OF APPEAL A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK �' l P•Ci1F IVL,' ^-,Mims ��1 I J !I #VV CITY OF SALEM HEALTH DEPARTMENT z<cE'Lf!Y_J BOARD OF HEALTH Y' SA!,F-11,mt"ESS, Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 February 12, 1986 John.-Spinale 382' Bridge Street Salem, Mass. 01970 Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness_for_Human_Habitation, an inspection was made of your property ata 8 Endicott Street Salem, Massachusetts, occupied by Omer Gagnon This inspection was conducted by B. Lockard/Omer Gagnon Salem Health Department, on 2/11/86 at 2: 30 P.M . Based upon said inspection, you are hereby ordered to take the following action within 24 hours of receipt of this order: Automotive repair activity is going on in the space below the apartment causing noise and fumes to enter the apartment. This must be corrected. NOTE : All of the violations from the letters dated June 26, 1985 and December 19, 1985 have not been corrected and are, therefore, outstanding. Page 1 SALEM HEALTH DEPARTMENT February 12, 1986 Page 2 of 2 9 North Street Tenant(s) Omer Gagnon � Salem, MA 01970 Property in Salem at 38. Endicott Street To:John Sainale 18� Bridge Street SAIPm re - Sjam Macs__ n1g]0 ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. 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 seven (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. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or 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. FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, C.H.O. Health Agent Certified Mail # P-681-936-190 enc. Inspection Report cc: Tenant X -X Bldg. Inspector - Electrical Inspector Plumbtng & Gas Inspector _( Fire Dept. _ City Councillor CC: John Spinale Este es un docum.ento legal importante• Puede que afecte sus derechos. DONALDSON AND SMITH ATTORNEYS AT LAW SIX LYNDE STREET SALEM, MASSACHUSETTS 01970 q Q��1 WILLIAM H. K DONALDSON �CF 1 745-8050 C1fY pF �.FiAss EARLE H. SMITH FREDERIC W. KINBLEY SAID TERRENCE E. BURKE December 16, 1977 Mr. John Powers Building and Zoning Inspector One Salem Green Saleml Massachusetts Re: 38 Endicott Street--Salem Dear Mr. Powers : Some of the neighbors on Endicott Street in Salem have asked me to bring to your attention an apparent violation of the Zoning Laws at a garage building at 33 Endicott Street. In the summer of 1977 a Petition was presented to the Board of Appeals for authority to use the then vacant premises for a Garage. The neighbors appeaked in opposition and the petition was denied. Nevertheless, for some weeks young men have been using the premises on Sundays for automobile work. They use the premises in such a way that traffic is interferred with on the street, noisy activity emanates from the build- ing. Waste and refuse, some of which is inflammable, is left outside the building. The neighbors wish to make complaint against this apparent misuse of the building. Will you kindly inspect these acti- vities and take action for conformity to the Zoning Ordinance. Very truly yours, . L William H.K. Donaldson WHKD:df p _ 1 --- I'h¢C'onmwllwealth ut NLusariuselts l t Huard Of luilding Regulations and Sl:mdards ( I'11' OF I � Massachusetts Stale building Code,-7SO li -SA LExI Building permit Applirlti(In To Construct, Repair, Renovate Or Demolish a /teria•il it'll,20/1 One- or Tirw.,i arh'Un el'I This Section Fur Oil w it Onl Buildiny Permit Number, b e Appppllied: 11udJiny Otlkml Wrint Nwne) .Signature 7 I ale SECTION I: SITE INFORMATION L IT�P((r''operly AJJrea: sT 11ap 1.2 Assessurt & Parcel Numbers •�D �ti�+Cv�T 1.la Is this an acre led street? es no blip Nunsher forest Nunsher 1.3 Zoning Informallont 1.4 Property Dimensions, Cursing District I'niposeJ llwt Lul Anu(s III 4 Pntntnyu(R) I.,t Building Setbacks(R) Front Yard Side Yards Required Front Rear Yard Required Provided Required 1'ruviJeJ 1.6 Witter Supply:IM.G.1.e.yU, §!yl 1.7 Flood Zone Information, 1.lf Sewage Disposal System: Ihiblic❑ Privm+❑ Zan+ _ Ousside Flood Zone? Ch+ck if es❑ Municipal❑ On site Jispusul sl stem ❑ 2.1 Owners of Record, SECTION2: PROPERTYOWNERS.... �'cyannc M4 -" /I 34ll Me v152� N,ww(Peel) � C'ity.Slulo,/.IP y� l )dhnhdm/n� tq e rah fT . Nu.;utJ Sleet -- 'i ne relephune F.muil AJdress SECTION J: DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction❑ E.tistiny Buildiny❑ Owner•Occupied O Repain(s) ❑ Alteration(s) ❑ Addition ❑ Dens Ilion O Accessory Bldy. ❑ Number of Units Brief Descr(plion of Proposed Work: Other �.Specily;_Q�n,f- h rUi bbv r„r- SECTION J: ESTIMATED CONSTRVCTION COSTS Ilene Estimated Costs: (Lahui and\raterials) Official Use Only I Building S I. Buildiny Permit Fee: S Indicate how fee is JetennineJ: '. liieciriral S ❑Standard City:Tuwn Application Fee 1 I'lunih;ny S ❑Total Project C'ust'l hem 6) multiplier _ '. Other Fees: J. \Icdi.uticul ill\- \f'1 $ List: Cat,'ressiun i toed \II Feet: S n Ibtul 1'rnjeet CosC i ( hc" No. ( hecA .\mnnit: l'.i,h -\nunun: 131 ❑P.iid in Full O pulslcmdiny 11A.usce bate: ) ,er'rllm s: f t)NSfRnC•rlt)N s►:Itvu'es tt a�-13 t,l Cunstruutimt Supenisur Liuense lC'SLl C�•`�5 ti )�� ji„iruinu I)atc _.__--- I itenac Nunlhtr 1 Nanm ui C 51. 11„I,Itt I lft l'91. I)pc l+cc � t-Rn�t . _ ._._..._._-- g•>Pe Dcfcriptiun N ,. aoJFrcct lI th,resuidcJllhulJinfli Io1{,111111cu. Il.l it Itc+uicteJ Ih'_f.unil Dwcllin Cigillmn,SL,IC.LII' KC Karlin Cuitri� µg wiltdow raid�iJll1 •--' 11 ,F S-lid fuel Iluminy %ppliancel S J t- 7�a 63 CAS t .cP I insulation hm;ul nJJre+f I) Demolition Talc holic lI SS=_ ;I"J S.2 Registered flume Improventeal Cmurnctor 1111C) A 1„ f f >f S P Pi IIIC' Iteg6uauun Nunlhvr CN1 irutiun Dutc I11C'C ,nlpwl N,une ,r IC' Ragisuunt Nunw �- s(,R-QPo r�fJ "`1• C"`+ S S " ✓ A i IA T' hluad add N wtJ Suaut �. o I y 6o Ci /Town• tate ZIP SECTION tit WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L c. IS7. 3SC(6)) en Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide Work this aflidavit will result in the denial of the Issuance of the building{permit. Signed Aifl-- Attached? Yes ..........ER No....... ...O SECTICTION 7as OWNER AUTHORIZATION TO BE C0111PLETED W HEN 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. Data P w, nnt uwes Nwne Ifilcewnic Signature) SECTION 7b: OWNER t O R 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. Y,r j I }—C� Print Uwncr'fur:\ulhorveJ,\gu,t +N,unu 111 U, ��Ign luu�l voTESt (nu�regisared inoJ bhelHu ne Impnn rove nenttCunrou r ctur(Hru IC)io.Programnf).nv ll m1 haII ve access to the arbitration tractor program ur guarult)Infomlmder on the. C. 1 2-N.O t Supra sor l.ii forniasn be found atC Program c,n`he111tunJ at .Iu \%hen Substantial,wrk is planned, pros We the imurmatiun below: ment.anics,Jacks ar pordn I including garage. finished base fIIIal tloor area I fy Il.l - ---- - 1Llbnable roust count — Clrais I iIIg .11ea I sy, Il.t ...... . .. .. \luuher of bedro.nns . . ♦wuberofIireplaas .. .. _ .. \untbcrolllallh,ultf \umherulhathroonls . . - Numhcrul'detks porches 1\pc olhc.nutg i)+Icut (Iptn I'nclo+cJ I\peal a•vhny l ..I LII 1'rU1ed 1,llillfc I`001IQc"In.l� he+uh+111u1aJ Illy..I'.d.11 'rnjcct Carl. The Commonwealth of Massachusetts Board of Building Regulations and Standards CITY OF Massachusetts State Building Code, 780 CMR SALEM Revised Mar 2011 �J Building Permit Application To Construct, Repair,Renovate Or Demolish a One-or Two-Family Dwelling ---- This Section For Offici -Use Only Building Permit Number: Date p�p"l�ie'.d:: Building Official(Print Name) " Signature J SECTION 1:SITE INFORMATION Ll Pro ! A dress: Ste\ 1.2 Assessors Map& Parcel Numbers L l a Is this an accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) 'rye► Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public❑ Private❑ Zone: Outside Flood Zone? Municipal❑ On site disposal system ❑ Check if yes❑ SECTION 2:-,PROPERTY OWNERSHIP[ 2.},7 g off ecord: Cvg Name(Print)" - - _ _ - City, State,ZIP., - •d.e.�.C'.en �6�--6zo —7A'a3 CuR,esu�/�Yr4ff •eo�7. No.and Street Telephone Email Address SECTION 3:DESCRIPTION OF PROPOSED WORW(check all that apply) New Construction ❑ Existing Building,, Owner-Occupied . Repairs(s) Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg. ❑ Number of Units Z Other ❑ Specify: Brief Description of Proposed Work'; SECTION 4:ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials 1.Building $ c c/ I. Building Permit Fee:$ Indicate how fee is determined: ❑Standard City/Town Application Fee 2.Electrical $ ❑Total Project Costa(Item 6)x multiplier x���------'��� 3.Plumbing $ 2. Other Fees: $ 4.Mechanical (HVAC) $ List: Cy( 5.Mechanical (Fire $ Suppression) Total All Fees:$ Check No. Check Amount: Cash Amount: 6. Total Project Cost: $ `j© (fQG` ❑Paid in Full ❑Outstanding Balance Due: V lJ SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) 009,0IF6 qA'J7GrpN License Number Expiratio Date Name of CSL Holder V List CSL Type(see below) No.and Street Type Description U Unrestricted(Buildings2 Fml u el ing cu.ft.) R Restricted 1&2 Family Dwelling City/Town,State,ZIP M Masonry RC Roofing Coverin WS Window and Siding SF Solid Fuel Burning Appliances 7&1�53 j�-/K4C RMf 44� I Insulation Tele hone - Email address D Demolition 5.22^'Registered Home Improvement Contractor(HIC) ,u6 SO 9 S 3 /V &D HIC Registration Number Ex iraf n Date HIC y r pany N e or S;Registrant Name &-io,[� r No.and Sir et Email address /49/�/eNvf u— A; 0/�O/ 78/—g3Z—v 300 City/Town, State,ZIP Tele hone 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 Issuanc f the building permit. Signed Affidavit Attached? Yes .......... F11, No...........❑ 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.a, ton my behalf,in all matters relative to workauthorized.by this bui L_'ing permit application.:; &-e Print Owner's Name(Electronic gmature) D to 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 accurate to the best of my knowledge and understanding. -;t0177/4,5 P oAOA ) le 111- Prmt-evm'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. og v/oca Information on the Construction Supervisor License can be found at www.inass.go 2. When substantial work is planned,provide the information below: Total floor area(sq.ft.) (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" 4N RECEtVEO ZS Gr 33I 5 NSPECT.IONAL SERVICES f :k" I The Commomveallh of Massachusetts CITY OF Board of Building Regulations and Standards SALEM �Q t� P �? Massachusetts State Building Code, 780 CMR Revised.Nw 2011 ,jvl Building Permit Application To Construct, Repair, Renovate Of Demolish a 1 v One-or Avo-Family Dwelling This Section For Official Use Only . Building Permit Number: Data.Applt d, Building curmal(Print Name) _ Signature ( SECTION 17 SITE INFORMATION I Proper Address: 1.2 Assessors Map dr Parcel Numbers 3s N Gram Sr I.1a Is this an accepted street9 es no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District - _ -. Proposed Use - Lot Area(sq tt) Frontage(R) Id 1.5 Building Setbacks(R) Front Yard Side Yards - Rear YardRegoired Provided Required - Provided. Requited ' Provide1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public❑ Private❑. Zune: _ Outside Flood Zone? t site disposalsyste NERSHIPr i(/� Mtl-T7 Checklf es❑ SECTfON1:. PROPERTYOW ` 2.1 Ownert of Record: CALF XA A4A�]� 9 7c time Print City,Stuto,ZIP x 3g 6aypl C07T�T— *��4f-;.77/ joa.tna�joanne Q><te a No.and Street - Telephone - Email Address SECTION 3: DESCRIPTION OF PROPOSED WORK;(check all that apply) New Construction❑ Existing Building❑ Owner=Occupied ❑ Repairs(s) ❑ Alterotion(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg.❑ Number of Units Other ❑ Specify: Brief Description of Proposed Work': :57— SECTION a:ESTUNIATED.CONSTRUCTION COSTS hem - Estimated Costs: - Official, Use Only Labor and Materials - I. Building $ 1. Building Permit Fee:$� _ Indicate how fee is determined: N tS ❑Standard Cityfrown Application Fee 1. Electrical - S ❑Total Project Cost'(item 6)x multiplier x J.Plumbing $ K ,C} 1!"Qther"Fees: S 4.Mechanical (FIVAC) S List: 5.Mechanical (Fire Suppression) $ N Total All Fees:S XCheck No._Check Amount: Cash Amount: 6.Total Project Cost: S AfJ9 7-000• ❑Paid in Full ❑Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 4 5.1 Construction Supervisor License(CSL) c r ti rj License Number EspiFalion Uate Name of CSL Holder I.ist CSL'rype(see below) Type. - - Description No.:mJ Street U UnrestrictcJ� DuilJin u -to35,000cu. Il. R Restricted I&2 Ftunil Dwellin Cityrrown,State,ZIP M Masonry RC Rootin Coverin WS WindowandSidin SF - Solid Fuel Burning Appliances i Insulation Telephone. Email:rJJress D Demolition 5.2 Registered Home Improvement Contractor(HIC) HIC Registration Number Expiration Date 1IIC Company Name or HIC Registrant Name No.and Street Email address City/Town, State ZIP Telephone SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G,L:e.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 Isivance of the building permit. Signed Affidavit Attached? Yes..........O No...........0 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 t9 act ommy behalf,in all.matters relative to work authorized by this building permit application. Print Owner's Name(Electronic Signature) Date SECTION 7b:OWNEW ORAUTHORIZED AGENT DECLARATION By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information cont nedned in application is true and accurate to the best of my knowledge and understanding. Dint Owner's or Authorized Agent's Name(Electronic Signature) Date 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&J have access to the arbitration program or guaranty Fund under M.G.L.c. I d2A.Other Important mformanon on t e roam can gr a oun at www mass cov.'oca Information on the Construction Supervisor License can be found at www.t�s 2. When substantial work is planned,provide the information below: 'total floor area(sq. ft.) '+ ,(including garage, finished basement/attics,decks or porch) Gross living area(sq. 11.) Habitable room court Number of fireplaces Number of bedrooms Number of bathrooms Number of halffbatlns Type of heating system Number of decks/porches 'rypeof cooling system Enclosed Open .i. "total Project Square Footage"may be substituted fur"'fatal project Cost" 3 B��tcoff- 38£�.✓a�i-aoTr' .__ _..------ 4a12�t, zrie Oea6/t2.m,/.�isr �oce.s'sune. m.u.�ed) i L zx,o ! LlL3 SunL I I ' `� TAEa{Cd� Il R,,n 6vit !n}t Mangy o//+L d,nh V L /L' �xrsfi is� hbus� u: z 1//6.4 e fa4' s &Vlt Cr i ixv cyua/ orvE T .,CONDIN : Li 4.1 f,_-� CITY OF SALEM, MASSACHUSETTS 1 BOARD OF APPEAL Mmoao7015 OF30 120 WAS14INGTON STREET♦ SALEM,MASSACHUSETTS 01970 P �' 1 KIMBE �y ox scoLL TELE:978-745-95.95 ♦ FAX:978-740-9946 fl>•Y GLE,RF�LS hLs;+l, December 30, 2015 Decision City of Salem Board of Appeals Petition of MICHAEL GIARDI and JOANNE MATTERA,requesting Variances seeking relief from Sec' 4.1.1 Table ofDttnensional Requirements for a minimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12' x 12' deck located at the properties 73 SUMMER STREET and 38 ENDICOTT STREET (Map 25 Lot 614 and 616) (112). A public hearing on the above Petition was opened on December 16, 2015 pursuant to M.G.L Ch. 40A, § it and closed on that date with the following Salem Board of Appeals members present:Ms. Curran (Chair), Mr.Duffy,Mr. Copelas,Mr. Watkins,Mr. Viccica (alternate). The Petitioner requests Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements for a minimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12'x 12' deck. The Zoning Board of Appeals heard a joint public hearing for the two (2) petitions located at the properties 73 SUMMER STREET and 38 ENDICOTT STREET(Map 25 Lot 614 and 616) (R2). Statements of fact: 1. Petitioner Joanne Mattera,presented the petitions. 2. In the petitions date-stamped November 23, 2015, the Petitioners requested Variances seeking relief from Sec. 4.1.1 Table of Dimensional Requirements for a minimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12'x 12' deck. 3. Property owner, Michael Giardi of 73 Summer Street requested a Variance for relief from Sec. 4.1.1 Table of Dimensional Requirements for minimum rear setback and property owner,Joanne Matter of 38 Endicott Street requested a Variance for relief from Sec. 4.1.1 Table of Dimensional Requirements and minimum side yard setback to allow the construction of a shared 12 x 12 deck. 4. Both petitioners propose to construct a portion of a shared 12' x 12' deck to the zero (0) lot line to each property. 5. Each petitioner will have access from their own properties to the shared outdoor space. 6. The Board suggests that the petitioners work with a land use attorney to write-up a deeded agreement between property owners for future neighbors. 7. The requested relief,if granted,would allow the Petitioners to have a shared 12'x 12' deck. 8. At the public hearings one (1) member of the public spoke in favor and none (0) spoke in opposition to the proposal. City of Salem Board of Appeals December 30,2015 Project:38 Endicott Street and 73 Summer Street Page 2 of 2 The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Variance: 1. Special conditions and circumstances that especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district is that the buildings consume the entire lot and there is no existing outdoor space. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship due a lack of any outdoor space and the proposal will not affect anyone in the neighborhood or be a detriment to the public good. 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. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor (Ms. Curran (Chair), Mr. Duffy, Mr. Copelas, Mr. Watkins, Mr. Viccica (alternate) and none (0) opposed, to grant Variances for relief from Sec. 4.1.1 Table ofDimentional Regtebrments for a minimum side yard setback and minimum rear setback to allow the petitioners to construct a shared 12'x 12'deck located at the properties 73 SUMMER STREET and 38 ENDICOTT STREET (Map 25 Lot 614 and 616), subject to the following terms, conditions,and safeguards: Standard Conditions: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. The petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered. 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. 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. f o n .r Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decis on,if any, .shalt be made pursuant to Section 17 of the Mm=huseas General Lams Chapter 40A, and shalt be filed mthin 20 days of filing of this deanon in the office of the City Clerk. Pursuant to the Massachusettr General Lams Chapter 40A, Section 11, the Variance or Special Penwigmnted hewn shall not take effect until a ropy of the decroon bearing the artijicate of the G'ty Ckrk has been filed with the Essex South Registry of Dee&