139 ESSEX STREET - BUILDING PERMIT APP die Commonwealth of Wassachusetts
I UT*
(Department of ftffic Safety
Board of Buifding ftulations andStandards
Thomas G.Gatzunis,P.E.
OneAsh6urton Aace, IWgom 1301 Commissioner
DeG L.Patrick Boston Massachusetts 02108-1618 Gary Chairman P.E.
Governor (Phone
Chairman
Timothy P.Murray `l hone (617) 727-7532 Tax(61 )227-1754 Alexander MacLeod,R.A.
Lieutenant Governor r1 7T 7 Vice Chairman
Kevin M.Burke i+ + (6I I7Z7-OOI9 Robert Anderson
Secretary uww masgov/dps Administrator
Date: March 11, 2009
Name of Appellant: Penny Van Dell
Service Address: 1 Schooner Ridge
Marblehead,MA. 01945
In reference to: 131 Essex Street
Salem,MA. 01970
Docket Number: 09-689
Property Address: 139 Essex Street
Salem,MA. 01970
Date of Hearing: 01-08-09
Enclosed please find a copy of the decision on the matter aforementioned.
Sincerely:
DING CODE APPEALS BOARD
Patricia Barry,Clerk
cc: Building Code Appeals Board
Building Official
1
COMMONWEALTH OF MASSACHUSETTS
State Building Code (780 CMR) Appeals Board
Board's Ruling on Appeals
Docket No. 09-689
Appellant(s): Penny Van Dell VZ. Appellee(s): City/Town of Salem
Tom McGrath
Procedural History
This matter came before the State Building Code Appeals Board("Board") on the Appellant's
appeal filed pursuant to 780 CMR 122.1. In accordance with 780 CMR 122.3, the Appellant
requested that the Board grant her a variance from 780 CMR 413.4, for 131 Essex Street, Salem, MA.
In accordance with GL c. 30A, §§10 & 11; GL c. 143, §100; 801 CMR 1.02 et. seq.; and 780 CMR
122.3.4, the Board convened a public hearing on January 8, 2009 where all interested parties were
provided with an opportunity to testify and present evidence to the Board.
The Appellant appeared and testified for the hearing. Tom McGrath appeared as well..
Discussion
A motion was made to allow the Appellant to withdraw her request for a variance from 780
CMR 413.4, without prejudice and to allow her to work with the Salem building official and a fire
protection engineer to develop a compliance alternative. There was a second on the motion and a
board vote was taken, which was unanimous.
Conclusion
The Appellant's request for a variance from 780 CMR 413.4, is hereby withdrawn
without prejudice as described in the discussion above and so ordered2 on this date: January 8,
2009.
Douglas Semple Jacob Nunnemacher Alexander MacLeod
This is a concise version of the Board's decision.You may request a full written decision within 30 days of the date of
this decision.Requests must be in writing and addressed to:Department of Public Safety, State Building Code Appeals
Board,Program Coordinator, One Ashburton Place,Room 1301,Boston,MA 02108
2 I accordance with M.G.L.c.30A, §14,any person aggrieved by this decision may appeal to the Superior Court within
30 days after the date of this decision.