Loading...
289-293 ESSEX STREET - BUILDING JACKET Z T9 - 2 q 3 E5SE-x 15-T . rper ob® 90%Larger Label Area • cwc�o SME A KEEPING YOU ORGANIZED N0.10301 wt.ot wows IY4 r usA GET ORGANIZED AT SMEAD.COM WLNCMWCMWAWk taztasrcoNswet MLS#71716902 http://vow.mispin.com/reports/publicaspx?mis=71716902&Show... A MLS#71716902 -New Multi Family-2 Family-2 Units Side by Side 289 Essex St List Price:$369,900 S' I Salem,MA 01970-3435 Essex County Total Floors: 1 Total Rooms: 5 ' Total Units: 2 Total Bedrooms: 2 Total Rent: $2,000 Total Bathrooms:3f Oh Grade School: Total Fireplaces:0 Middle School: High School: Directions: Essex Street,Downtown Historic Salem.Right across from 4 11 Photos the YMCA. Remarks The opportunity you've been waiting for!This mixed use commercial AND residential space has separate entrances AND separate systems!Deeded parking too!Looking to live close to your business or looking to rent but dont want the hassle of a multi?This large ground-level,street-front commercial space(30X26)on Essex Street connects to an open-concept residential 2 bedroom and 2 bath condo with stainless steel appliances and granite countertops. - Located in the exclusive Essex House Condo building in the heart of historic Salem with high foot traffic!This front- facing comer unit is one-of-a-kind and the only unit in this building deeded as commercial and residential per the master deed.Ample public parking for clients or visitors,express train to Boston is a 5-minute walk.Establish yourself here and become part of Salem's exciting,growing and booming economy!First showings this Saturday on 7/26 at Open House,10AM-12PM.Units are 1 condo with separate unit numbers,102 and 103. Property Information Approx. Living Area: 1725 sq.ft. Approx.Acres: 0.31(13531.00 sq.ft.) Garage Spaces: 1 Living Area Includes: Heat/Cool Zones: 2/2 Parking Spaces: 1 Deeded Living Area Source: Public Record Heat/Cool Units: 2/2 Approx. Street Frontage: Living Area Disclosures: Disclosures:Ground-level,street-front studio space(30X26)on Essex Street.Seller represents this space can be office use with special permit.This property has 1 deed.Units are one condo with separate unit numbers and separate entrances,102 and 103. Annual Expenses Heating:$ Repair&Maintenance: $ Management:$ Gross Income:$24000 Gas: $ Trash Removal: $ Miscellaneous: $ Gross Expenses:$ Electricity: $ Sewer: $ Ann. Prop.Oper. Data: No Net Income: $24000 Water: $ Insurance: $ Annual Expense Source: -- Unit Descriptions Unit#1 Rooms:4 Bedrooms: 2 Full/Half Baths: 2f Oh Fireplaces:0 Levels: 1 Floor: 1 Rent: 2000 Lease:Yes Rooms: Living Room,Kitchen Appliances: Range,Dishwasher,Refrigerator Interior Features:Tile Floor,Stone/Granite/Solid Counters,Upgraded Countertops,Walk-In Closet,Bathroom With Tub,Intercom,Wall to Wall Carpet Heating:Central Heat Cooling:Central Air Unit#2 Rooms: 1 Bedrooms:0 Full/Half Baths: if Oh Fireplaces:0 Levels: 1 Floor: 1 Rent: 2750 Lease: No Rooms:Other(See Remarks) Interior Features: Bathroom With Tub,Intercom,Open Floor Plan,Wall to Wall Carpet Heating:Central Heat Cooling:Central Air Common Areas 1 of 2 7/22/14,8:49 AM MLS#71716902 http://vow.mispin.com/repons/public.aspx?mIs=71716902&Show... Rooms: Laundry Features Other Property Info Area Amenities: Public Transportation,Shopping,Swimming Pool,Park,Walk/Jog Trails, Disclosure Declaration: No House of Worship,Private School,Public School,T-Station Exclusions: Basement:Yes Lead Paint: None Beach:Yes UFFI: -- Warranty Features: -- Beach-Miles to: Unknown Year Built: 1.987 Source: Energy Features:Insulated Windows Public Record Exterior: Brick Year Built Description:Actual Flooring:Tile,Wall to Wall Carpet Year Round: -- Foundation Size: 999 Short Sale w/Lndr.App.Req: No Foundation Description:Other(See Remarks) Lender Owned: No Lot Description:Comer Tax Information Roof Material:Tar&Gravel Sewer Utilities:City/Town Sewer Pin#: 14:26 L:0456 S:802 Assessed:$228,800 Water Utilities: City/Town Water Tax:$3,828 Tax Year: 2014 Waterfront: No Book: 26358 Page:403 Cert: Zoning Code: 135 Map: Block: Lot: The information in this listing was gathered from third party sources including the seller and public records.MLS Property Information Network and its subscribers disclaim any and all representations or warranties as to the accuracy of this information. Content 02014 MLS Property Information Network,Inc. 2 of 2 7/22/14,8:49 AM EXHIBrf`B" 289 ON ESSEX CONDOMINIUM TRUST SALEM, MASSACHUSETTS Incorporated by reference into and made a part of the Master Deed of 289 on Essex Condominium,289 Essex Street, Salem,Essex County,Massachusetts DESCRIPTION OF UNITS The Unit designation of each Unit,and statement of its location,approximate area,number and designation of rooms,and immediate common area to which it has access in each case are as set forth in this Exhibit`B". Unit 101 contains one(1)kitchen;one(1)dining room;one(1)living room;two(2)bedrooms;two (2) full bathrooms; one(1)study; and one(1)mechanical room. Unit 102 contains one(1)kitchen; living/dining room;two(2)bedrooms;three(3)full bathrooms; studio; one(2)mechanical rooms. Unit 201 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 202 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 203 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 204 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 205 contains one(1)kitchen; living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 206 contains one(1)kitchen; living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 207 contains one(1)kitchen; living/dining room;one(1)bedroom;one(1)full bathroom;one (1) mechanical room. Unit 208 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one —21— EXHIBIT`B" 289 ON ESSEX CONDOMINIUM TRUST SALEM,MASSACHUSETTS Incorporated by reference into and made a part of the Master Deed of 289 on Essex Condominium,289 Essex Street, Salem,Essex County,Massachusetts DESCRIPTION OF UNITS The Unit designation of each Unit,and statement of its location,approximate area,number and designation of rooms,and immediate common area to which it has access in each case are as set forth in this Exhibit`B". Unit 101 contains one(1)kitchen;one(1)dining room;one(1)living room;two(2)bedrooms;two (2) full bathrooms;one(1)study; and one(1)mechanical room. Unit 102 contains one(1)kitchen; living/dining room;two(2)bedrooms;three(3) full bathrooms; studio; one (2)mechanical rooms. Unit 201 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 202 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1) mechanical room. Unit 203 contains one(1)kitchen; living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 204 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 205 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 206 contains one(1)kitchen;livingidining room;one(1)bedroom;one(1)full bathroom;one (1)mechanical room. Unit 207 contains one(1)kitchen;living/dining room;one(1)bedroom;one(1)full bathroom;one (1) mechanical room. Unit 208 contains one(1)kitchen; living/dining room;one(1)bedroom;one(1)full bathroom;one _21_ CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 HIMBERLEY DRISCOI.L MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER March 11, 2016 Derya Stafford 10 Highwood Road Manchester by the Sea 01944 Re 289 Essex Street unit 202 Dear Owner, Please be advised,the recent inspection of your premise and a check of our records, confirms that unit 202 should be and is one unit.No permits were pulled to create another residential unit.Furthermore,the entire building was constructed via a site plan issued by the City and a building permit issued by this office.Unit 203 did not exist in these plans.If you have any documents that show anything to the contrary,please provide them to me. If you feel you are aggrieved by this determination,your Appeal is to the Zoning Board of appeals in Salem Thomas St.Pierre u,� 2509 656 Cuuu CITY OF SALEM, MASSACHUSETM •w uryJ -h '�•f " BUILDING INSPECTORY,Y„ 13} �•�nl�� a 120 WASHINGTON STREET, 3RD FLOOR ZIP 0 W^ 02 1V1 SALEM, MASSACHUSETTS 01970 0001392928MAW 14. 2016 I ut NOTICE_ 2ndNOTICE-- ---- Z509 6562 '0000 050E 2LOZ RETURNED �l I 18,PiPST6CE a 21adP1t33iC€ t� v n �?k7pFMEp NIXIE' 015`: aE- 1. 0,3 a 47 0,9y, 6, { 4 {p,! RETURN TO SENDER 4 UNCLAIMED IJ IV 1i t5Lt IU FORWARD BC: 01970352303 *2621-05875-14-34 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTIOkJ,CiN qE1,'VERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery oron the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No i 44,e�� fy � it 3. Service Type ❑Priority Mal Express® II�III II I II I II I I II II I I II II I I I III II III Ll Adult signature [2 Registered Mail- ❑Adult 5 gnature Restricted Delivery ❑Rel ered Mail Restricted {M+ ❑Certified Mail® Delivery 9590 9402 1299 5285 6555 91 0ertified Mail Restricted Delivery ❑Return Recelpt for ❑Collect on Delivery Merchandise 2. Article Number(frransfer from service label) ❑Collect an Delivery Restricted Delivery ❑Signature ConfrmationTM ❑Insured Mall ❑Signature Confirmation 11 '. ❑Insured Mail Restricted Delivery Restricted Delivery I ' _ I over$500) ¢ PS Form 381.1,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt �� CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,31D FLOOR TEL. (978) 745-9595 FAX(978)740-9846 KIMBERLEY DRISCOI.L MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER March 11, 2016 Derya Stafford 10 Higbwood Road Manchester by the Sea 01944 Re 289 Essex Street unit 202 Dear Owner, Please be advised,the recent inspection of your premise and a check of our records, confirms that unit 202 should be and is one unit.No permits were pulled to create another residential unit. Furthermore, the entire building was constructed via a site plan issued by the City and a building permit issued by this office.Unit 203 did not exist in these plans. If you have any documents that show anything to the contrary,please provide them to me. If you feel you are aggrieved by this determination,your Appeal is to the Zoning Board of appeals in Salem, Thomas StTierre CITY OF SALEM, MASSACHUSETTS b BUILDING DEPARTMENT 120 WASHINGTON STREET,3° FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOI.L MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER March 11, 2016 Derya Stafford 10 Highwood Road Manchester by the Sea 01944 Re 289 Essex Street unit 202 Dear Owner, Please be advised,the recent inspection of your premise and a check of our records, confirms that unit 202 should be and is one unit.No permits were pulled to create another residential unit. Furthermore,the entire building was constructed via a site plan issued by the City and a building permit issued by this office. Unit 203 did not exist in these plans. If you have any documents that show anything to the contrary,please provide them to me. If you feel you are aggrieved by this determination,your Appeal is to the Zoning Board of appeals in Salem Com..., Thomas St.Pierre I,! 1 Certificate No: 549-11 ----. � ----- -- --- --- ----------------- Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at ............ - Dwellmg Type I 292 ESSEX STREET in the CITY OF SALEM l ...... ---------- ------._-- -----..- ---_....-_------------------ ......._..-- ----------_-._..........._._...---- --....._..-... Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 292 ESSEX STREET SALEM HOUSING AUTHORITY i I This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date _._............ ..__-_-.........._..._._._.----'_.._.. . r Issued On: Wed Apr 11, 2012 ---------------------- - -------------__..-- ----- GeoTMS®2012 Des t.auriers MuniciP atSolutions,Inc. -- -- ----- ---- - --- -- - - - - - --- --- I i 292 ESSE; ` T EET 549-11 sIE I 1 6 -I COMMONWEALTH OF MASSACHUSETTS Map. 6 1 iBlock: - CITY OF SALEM ,Lot: 0438 'Category: Handicap ramp Permit# 549-11 °' I BUILDING PERMIT :Project# JS-2012-002224 IEst.Cost: $150,300.00 Fee Charged: $1,763.00 fiance Dtle: $.00 PERMISSION IS HEREBY GRANTED TO: (Const. Class: I— Contractor: License: Expires: Use Group: W1J PLANNING&CONSTRUCTION,L STATE-062246 (Lot Size(sq. ft.): Zomng: lOwner: SALEM HOUSING AUTHORITY � � --__ Units Gained: —1Applicant: SALEM HOUSING AUTHORITY 'Units Lost: AT. 292 ESSEX STREET Dig Safe#: . --__ ISSUED ON: 03-May-2012 AMENDED ON. EXPIRES ON: 03-Feb-2011 TO PERFORM THE FOLLOWING WORK: PLANS BY WINTER STREET ARCHITECTS TO PROVIDE NEW INTERIOR ENTRY FOR(SALEM HOUSING AUTHORITY) WITH INTERIOR HANDICAP RAMP AND NEW DOORS AT YMCA ENTRY POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground; Underground: Underground: Excavation: Service: Meter Footings: Bough: Rough: Rough: Foundation: Final: Final: Final: Bough Frame: Fireplace/Chinmey: D.P.W. Fire Health insulation: Meter: Oil: Final: limuc q Smoke: Treasury: water: Alarm: Assessor Sewer: Sprinklers: Final: THIS PERMIT bIAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2012-002448 03-Jan-11 3480 S1,70100 GeoT:\ISO'-012 Des Lautiers Municipal Snlutimis,Inc. FILE/C. O. COPY :CBNDIT v e CITY OF SALEM CERTIFICATE OF OCCUPANCa. ) +� it SALEM, MASSACHUSETTS 01970 Issued.y--4�Permit City of Salem Building Dept. DATE MARCH 20 IB 00 PERMIT NO. 1071-2000 APPLICANT CONSTRUCTION ADDRESS 179 PINE STREET 2003 APPLICANT-R (NO.) (STREET) (CONTR'S LICENSE) CITY LOWELL STATE-MA ZIP CODE 01854 TEL.NO. 978-458-4620 ALTERATIONTWO OR MORE FAMILY NUMBEROF 1 PERMITTO (_) STORY DWELLING UNITS (TYPE OF(IMPROVEMENT) NO. (PROPOSED USE) ZONING AT(LOCATION)(0289 ESSEX STREET_: DISTRICT BETWEEN (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION MAP 26 LOT 0456 BLOCK SIZE 0013531 5Q FT BUILDING IS TO BE - FT.WIDE BY FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS:fADD RESIDENTIAL UNIT PER B. O. A. APPROVAL PLANS SUBMITTED. T. J. S. AREA OR36, 638 PERMIT 375. 00 VOLUME ESTIMATED COST FEE ICUBIGSOUARE FEET( OWNER JOHN SHANAHAN BUILDING DEPT. ADDRESS 23 MARSH STREET BY T. J. S THIS PERMIT CONVEYS NO RIGHT TOOCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDERTHE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. w i CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 May 2, 2000 Princeton Property Mgmt., Inc. c/o Pam Endyke 12 Heritage Drive Salem, MA 01970 Dear Ms. Endyke : In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00, State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11 Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 289 Essex Street#503 occupied by Noel Fleming conducted Jeffrey Vaughan,Senior Sanitarian on Tuesday,April 25, 2000 at 8:20 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. 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 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: Reply to: Lanne Scott Jeffrey Vaughan Health Agent Senior Sanitarian cc: Tenant& Building Inspector Certified Mail#Z 447 277 803 JS/sjk c-h-violet w ' y �' SA1 EMiFitJU.TH DEPARTMENT tVorth�Sieet -F, Salam MA 01970 Slate Sanitary Code, Chapter It: 105 CMR 410.000 Minimum Standaft,'of Fitnessifor Human Habitation Occupant: Noel Fleming Phone: 740-9630 Adilre t '. t u�,289' Essex 'StUee t Apt '-5d3 Floorai 5- Owner Princeton Pronertv MQmt. , Inc. Address: 12 13eritase. Drive c/o Pam Endyke 'insp'edtionDate: 4itr�Q__ Time- 8.20 AM Conducted By: Jeffrev Vaughan Accompanied By: tenant "AnticipatedtReinspection D. Specdied t•t, Re9 #„ Violation Time" 410. :,.;• _ Dpe tore complaint about mold mildew again, an ins ection'was'conducte n accordance with Article II, State Sanitary Code, 105 CMR 410. Upon ?r. r,+.< n's ection the followin z were noted % 77AM91 So 't � Ooh_,,, .[✓9Al=TYOv t`%Flc� To �i�T /f S (.r %?fi.1' / �a One or more of the above violations may endanger or materially impair �: Y4/ 1 sP- the health, safety and well-being or the occupants(s) Sr. Sanitarian _ Code nt�Inspector Este es un documento legal importante. Puede que afecte sus derechos. Puede adquidruna traduccion de esta forma. Kr 4 ras_A �t3rA!-•'I`x• APPENDUCJEE(14)o€i Legal Remedies for Tenants of Residential Housing The following 1s a brief summary of some of the legal remedies tenants may use to order to get housing code violations corrected:- - _.,. ..........;.�--..,.a. ,.. ..,,... ... 1: Rent VA hholdinQ(Massachusetts General Laws Chapter 239,section 8A):'11 Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if- A- You can prove that your dwelling unit or common areas contain code violations which.areserious enoughto endanger or materially impair your health or safety and that your landI A knew about the violations before you were behind in-- yourrent B. You did not cause the violations and they can be repaired whrle'you"contmue'tc Bve'in the building. prepared pay y Po judge orders you to pay iL,(For.this,it is.best m,putthe, C rent money aside in a safplace.)oo of the rent into court if a ud a „ 2, $ep it nd D u l(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent . money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or welt-being,and your landlord has received written notice of the violations; .you may-be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have thedr made),within five days after notice or to complete repaus within 14 days after notice,you can use up to four months'rent in;an9 _ .. year to make the repairs. 3. R=Iintory Rent Increases or Evictions Prohibited(Massachusetts General Laws Chapter,186,section 18,and Chapter 239,::_ section 2A)'The owner may not increase your rentor evict you in retalmtion for making a complaint to your local code enforcement agency about code violations.If the owner raises.yodr-rentao tries to evict within six months after you have made the complaint,he-or she.will:have_to-show.a good.reason for the increase or eviction which is.unrelated to your complaint..You � may be able to sue the landlord for damages of be orstiedries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your. dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulatious,for which you may sue an owner. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St Lynn, MA 01902 (617) 599-7730 Business Certificate UP of 6a[em, Aaggactuattg coir '��/MrNe fA DATE FILED0 Expiration Date n zoo) Type: El New ❑ Renewal, no change Number J- cOO- l " ❑ Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the unde�i$\igned hereby declare(s) that a business is conducted under the title of: at. type of business by the following named person(s): (Include corporate name and title if corporate officer) Full Name, % Residence Tel . # C1�1S Si nature ._._._._._._._._._._._._._ -------- -- -- -4------------------ ----------------------------------------------------- ------ - ---- ----------- - --------------- on —the above named person(s) personally appeared before me and made an oath that the foregoing statement is true. k..f- �D ----- -------------------------.------------- - - - CIT Y CLERK - ----------------------------------------------------- ---------------------------------- - - -------- Notary Public (seal) Identification Presented Date Commission Expires . State Tax I.D. # S.S. # (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($$300.00) for each month during which such vinlarinn rnnnnnn. .. �. Ctu of $them, �ffiaggarljuse## OFFICE E,� MA ' „ S JI E �Roara of �ppeal Y 1913 CEC 22 i`-'- 3 -no DECISION ON THE PETITION OF PRINCETON PROPERTIES MANAGEMENT, INC. REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 289-293'_ ESSEX STREET f3=5.� A hearing on this petition was held December 15, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward, and Richard Dionne. 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 so as to allow a change from commercial use to one additional residential unit for the property located at 289-293 Essex Street B-5. The provision of the Salem Zoning Ordinance which is applicable to this 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 Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of 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 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 of the City's inhabitants. 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 stuctures 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 purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF PRINCETON PROPERTIES MANAGEMENT, INC. REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 289-293 ESSEX STREET B-5 page two 1. The petitioner, Princeton Properties Management Inc. was represented by Joseph C. Correnti, Esquire. 2. The petitioner requests a Special Permit to allow a change from the commercial use to one additional residential unit for the property located at 289-293 Essex Street B-5. 3. In 1987, the former Salem Theater was demolished, and the Essex House was subsequently constructed. In a series of Decisions, the Board of Appeal granted Variances to allow for a total of 45 apartments. A total of 43 residential units and one ground floor commercial unit were constructed. 4. The petitioner's request is to allow for the discontinuance of the commercial unit and the construction of one additional residential unit in its place. This would bring the total number of residential units on the site to 44. 5. No exterior changes to the building will be made. 6. There are 33 indoor parking spaces at the site. 7. No opposition to the requested Special Permit was presented. 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. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. 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 statues, codes ordinances and regulations. r DECISION OF THE PETITION OF PRINCETON PROPERTIES MANAGEMENT, INC. REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 289-293 ESSEX STREET B-5 page three 2. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 6. A Certificate of Occupancy shall be obtained. Special Permit Granted \ December 15,1999 0/ �SCn Stephen Buczko, 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 MGL 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 MGL 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. `I- v��CONDITi_i n � � t f9 ��7MIN6 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS, CHO NINE NORTH STREET HEALTH AGENT Tel: (978)741-1800 Fax: (978)740-9705 January 26, 1999 Princeton Prop. Management Inc. c/o Pam Pinssonault 678 Princeton Boulevard Lowell, MA. 01851 Dear MS. Pinssonault: In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00, State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter IL Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property located at 289 Essex Street#506 occupied by Charles & Loraine Arrigo conducted by Jeffrey Vaughan, Senior Sanitarian on Monday, January 25, 1999 at 3:00 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. 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 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 HealthReply to: anne Scott Jeffrey Vaughan Health Agent Senior Sanitarian cc: Tenants) & uilding Inspector Certified Mail#Z 33-688-481 JS/sjk c-h-violet .i W 00 Page 1 of if SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Charles & Loraine Arrigo Phone: 741-3020 Address: 289 Essex Street Apt. 506 Floor 5 Owner. Princeton Prop. Management Inc Address: 678 Princeton Blvd. c/o Pam Pinssonault Lowell, Ma. 01851 Inspection Date: .jannar;z_25_, 199y_ Time 3:00 pm Conducted By: _Jeffrey W. Vaughan Accompanied By: tenant Anticipated Reinspection Date: a/ days from receipt. Specified Reg q Violation Time 410. . . . - Due to a tenant complaiin an inspection was conducted in accordance with Article II State Sanitary Code 105 CMR 410. Upon ins ection the following were noted: i S¢,,. :o 0o- vaT n r S"aG. Za/< z 42 -7.�e . ,! e;r .»�„ /?,• 7ah G„,��..-s�_� - F'C :u- 1 /z r� l� / J I One or more of the above violations may endanger or materially impair cc : [ir 42 the heath. safety and well-being or the occupants(s) _Sr. Sanitarian _ G Code Enforcement Inspector Este es un documento legal importance Puede que afecte sus derechos. Puede adquinruna traduccion de esta forma_ t APPENDIX II (14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: L Rent Withholdinp(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in- your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it (For this, it is best to put the rent money aside in a safe place.) 2. RReen it nd Deduc (Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent money to[Hake the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations; you maybe able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have thedt- made)within five days after notice or to complete repairs within 14 days after notice, you can use up to four months'rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibit d(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint, he or she.will:have to show.a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-H): The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of abs ability: You may be entitled to sue your landlord to have all or some of your rent returned if your. dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations, for which you may sue an owner. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. U you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) 599-7730 ti Fia;flf� $]F�In�I� 4 Avl� Rufus Choate Associates, Inc. March 11, 1993 Robert W. Turner Acting Chief Fire Department Headquarters 48 Lafayette Street Salem, MA 01970 Re: The Essex House 289 Essex Street Salem, MA Dear Chief Turner: I am writing to you with regard to a letter I received this week from Fire Inspector LaPointe regarding The Essex House concerning the necessity of the installation of sprinklers for the purpose of allowing commercial use of the storefront in the building. As you know, this property was used for commercial purposes for two years with the permission of your department, as well as all other licensing departments in the City of Salem. There were never any complaints from any office, from the fire department and/or the City and, in fact, the City has been taxing the property for commercial use and taxes have been paid based upon this assessment. I have reviewed Massachusetts General Laws Chapter 148, Section 26G with my counsel and my architect and, frankly, I do not understand the basis for yours and Inspector LaPointe' s opinion that the entire building must be sprinkled at this time. As you know, there a fire wall of 3 hour rating which has been installed between the commercial space and the residential space pursuant to plans approved by your department and the balance of the building has been sprinkled in accordance with the Massachusetts Building Code. The Rufus Choate House 14 Lvnde Street Salem,Massachusetts 01970 617744-0311 ®.9 _2_ At this time, I am requesting that you provide me with a letter explaining the basis of your decision and for the basis of your decision that, if sprinklers are necessary in the building, why would they not be necessary now but were necessary over a three year period. I have reviewed the Building Code, again, with counsel and find no basis for your decision. I am in the process of doing two things with regard to this, however, I felt a meeting with you would be appropriate at this time. Firstly, I will be filing a Complaint with the necessary State Board of Review and, secondly, if necessary, will file suit against the City of Salem for first allowing the use, then denying the use and, thirdly, for taxing the property as commercial but then not allowing the property to be used as commercial . I am sure the above will not be necessary, however, I am quite perplexed by the position the City has taken with regard to this matter. I spoke with Inspector LaPointe and requested that he assist in arranging a meeting with you, however, he told me this could only be done in writing. I am, therefore, requesting, in writing, that a meeting be set up immediately between yourself and myself so that matter can be discussed in detail before proceeding further. I look forward to hearing from you upon your return from vacation and look forward to meeting with you at your earliest convenience. I am enclosing a copy of Inspector LaPointe ' s letter for your review. Very truly yours, RUFUS CHOATE ASSOCIATES, INC. Elaine B. Finbury EBF/cc Enclosure cc: Mayor Kevin Harrington Kevin Daly, City Solicitor William Lustre_,,Planning Department Leo Trombley, Building Inspector ,,��ONUIT v � (MV of 11*ttltm, Massar4ustns dire agmrftaw 31eabquaztrm . A'B'C/,`Rryg OJP 48 Tjafagrtte Street Saleat, Rusatipmetts QLg711-3645 Robert W. 'Turner Fire Prevention Acting Chief Bureau 508-7441235 Fax 508-7443938 508-745-7777 March 3, 1993 Elaine B. Finbury RE: Essex House Rufus Choate Associates, Inc. 289 Essex Street 14 Lynde Street Salem, MA 01970 Salem, MA 01970 Dear Ms. Finbury, As a_restIt of our conversation on February 19, 1993 relative to sprinklers and the inplamentation of Chapter 148, section 26G, in your building at 289 Essex Street, and after conferring with Acting Chief Robert W. Tuimer, the following public safety pro- cedures are offered for your consideration so that you may fully occupy this structure with residential/comaercial occupancies: 1- The inuediate installation of coiarercial sprinklers in the area proposed to be used as a camera shop. 2- The intrediate installation of residential sprinklers in Unit$103. 3- During the year "1994", the installation of residential sprinklers throughout the second floor ; 12 units) . 4- During the year "1995", the installation of residential sprinklers throughout the third floor (12 units) . 5- During the year "1996", the installation of residential sprinklers throughout the fourth floor (15 units) . This extended phasing in of the sprinklers will bring your property up to a higher degree of public protection and hopefully cause a minimum+ hardship to you. Sided, I agree to the above conditions: xo swla , J6: �6 Norman P. LaPointe Elaine B. Finbury, Owner Fire Inspector This agzeerrnnt shall also be included and continued as a condition of sale in part or in whole of this structure. cc: file Dated: Witnessed: Building Inspector Mayor Harrngton's office. (gitg of Salem, assac uset z s Poxrb of 2 ppud fQ �jl)1yr�lK.`S,A LAN.; . DECISION ON THE_PETITION_OF _ESSEX HOUSE ASSOCIATES, INC. FOR A VARIANCE AT 289-293 ESSEX ST. (1-5) A hearing on this petition was held January 13, 1988 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Bencal, Luzinski and Strout. 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 petitioners, represented by Attorney Kenneth Lindauer, are the owners of the subject property, and are requesting a Variance from parking and density to allow for the increase of four (4) residential units for the new construction at 289-293 Essex Street. The locus is situated in a B-5 zone. The Variance which has 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 and 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of evidence presented, and after viewing the plans, makes the following findings of fact: 1 . The plans presented at the present hearing differ substantially from the plans approved for the original Variance at the locus; 2. The change from the approved commercial space to the proposed residential space is not appropriate for the locus; 3. The requested Variance was supported by the City Planner; 4. There was community support for the petition. 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 do not exist which especially affect this property and not the district generally; 2. Literal enforcement of the Ordinance would not involve substantial hardship to the petitioner; 3. The relief requested cannot be granted without substantial detriment to j the public good or without nullifying or substantially derogating from the / intent of the district or the purpose of the Ordinance. -� DECISION ON THE PETITION OF ESSEX HOUSE ASSOCIATES, INC. FOR A VARAINCE AT 289-293 ESSEX STREET, SALEM page two Therefore, the Zoning Board of Appeal voted 3-2 against the granting of the requested Variance. Messrs. , Fleming, Luzinski and Strout voted in favor of the Varaince, Messrs. , Bencal and Hacker voted against the granting of the Variance. Since the petition failed to gain four (4) affirmative votes, the Variance is denied. DENIED ames M. Fleming, Esq. , VChairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO;d THIS DE".ISbCltl, I7 ANY. SHALL BE MADE PURSUANT To SECTION 17 OF THE (4A,S. CENERAL LAVE, CHAPFER ESB, AND SHALL BE F;LF , ;.Vq HlN 20 DAYS AFTER THE DATE OF FILM'.; OF THIS DECISION IN THE CFFICE OF THE CITY CLERK. P:';_- i 10 "ASS. 1. RAL LF', CHAPTER V3 S-:171`N 11, THE VA^A.?^.r OR �p—i7.1 p-r'.'I� CRAPED HERE N. SHALL N--11 "AAE EFFECT SINTH A COPY Cr THE'_! If FIC'ATI N F THE Cli - CLERK: 'ihA. L OA':'S Hir i,: OR IHAT, IF SU�H AN APPEAL HAS BEEN FILE. iHA;_Lh��Hi,. BE N Dl'�:9SSED HAS O',' =F' -D. RECO CED IN THE RECORDED ESSEX RE:;ISTRY OF LEEDS AND INDEXED UNDER IT, NA IE IGF THE _ OF RECORD OR 1S RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL i .f1�i#g of �ttlem, ttssttchusef#s Poarb of ' {Ppeal DECISION ON THE PETITION OF ELAINE FINBURY FOR VARIANCES FOR -289-293 ESSEX ST. - APR 19 3 0o P� fp� A hearing on this petition was held ApriALE , 1986 wig t4Y� follov:ing Board Members present: James Hacker, Chairman; ossrs. , Bencal, Charnas, Luzinski and Strout. Notice of the hearing was sent Wytbutters and others and notices of the hearinz were properly published in the Salem Evenine-N4A,5 in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests Variances from density and parking requirements in order to , convert this property into forty one (41 ) dwelling units. The property is owned by Sales: Theatre Corp. and is located in a B-5 district. The Variance which has 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 and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to petitioner; and 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 purpose of the Ordinance. The Board of .Appeal, after hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . The neighbors who appeared at the hearing were, with little exception, in favor of the proposal; 2. Petitioner has made a valiant, good faith effort tq operate the premises as a theater, but has been unsuccessful; 3. The property, a large theater, is unique to the district; 4. The only financially viable use of the subject premises, particularly given the overall problems of the existant small business in the area, is as a multi-residence building; 5. Such a use would promote the best interests of the City, which includes having a liveable downtown area with increased residential density. On the basis of the above findings of fact, and on the evidence presented at the hearinE, the Board of Appeal concludes as follows: DECISION ON THE PETITION OF ELAINE FINBURY FOR VARIANCES FOR 289-293 ESSEX ST. , SALEM page two i . Special conditions exist which especially affect this property but do not generally affect other lands, buildings and structures in the same district; 2. Literal enforcement of the Zoning Ordinance would involve substantial hardship to petitioner; and 3. The relief requested 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. Therefcre, the Zoning Board of Appeal voted• unanimously, 5-0, to grant the relief requested, provided that: 1 . The City grants the petitioner a right of way through the municipal parking lot as shown on the plan; 2. The mode of access through said right of way be approved by the City Planning; 3. A minimum: of thirty (30) parking spaces, the size of which are to be defined by the size requirements of the Ordinance, be maintained on site; 4. The percentage of lower income dwelling units proposed in the petition be always maintained for such low income use; 5• A Certificate of Occupancy be obtained for each unit; 6. Plans for the proposed construction are presented to the Fire Prevention Bureau, showing the type and location of automatic smoke detectors to be installed, prior to the issuance of a building permit; i. The petitioner obtain proper numbering from the City Assessor, And that compliance with the Salem City Ordinance relative to the numbering of buildings be adhered to; 8. All Laws, Ordinances, and Regulations of both the Commonwealth and the City of Salem, pertaining to fire safety, are adhered to. VARIANCES GRANTED . Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM: THIS DECISION:. ANY, SHALL BE A1ADE PURSUANT TO SECTION 11 OF THE MASS. CE:ERAL LAY S. CHAPTER K3. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DF::IS:ON IN THE Cr=!CE OF THE CITY CLERK. . PUCS:SNT TO "':SS. CEBER, L''.S. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PER%!IT 'RA:;i ED HEf:E!!;. SHALL huf .=.i:E EFFECT UNTIL A COPY OF THEDECISION. 6EARING THE CERT- FICATION OF THE CITY CLEF... .:; 20 DAYS HAVE :LAPSED AND NO APPEAL HAS BEEN FILED, CR TH J. IF S•;l:F; AN APPEAL HAS BEEN FILE, THAT Il HAS SEEN DIS''ISSED OR DENIED IS P,EL'Jf.DED Hi Til_ 5'jUTH ESE_t REGISTRY OF DEEDS AND INDEXED UNDER THE NA":[ OF THE OYlNER OF REC9HD CP. IS RECORDED AN) NOTED ON THE OWNER'S CERTIFICATE OF TITLE.. DECISION ON THE PETITION OF ELAINE FINBURY FOR VARIANZES FOR 289-293 ESSEX ST. , SALEM page two Special conditions exist which especially affect this property but do not generally affect other lands, buildings and structures in the same district; 2. Literal enforcement of the Zoning Ordinance would involve substantial hardship to petitioner; and 3. The relief requested may be granted without substantial detriment to the public good and without nullifying or substantially derogating fr the intent of the district or the purpose of the Ordinance. Therefcre, the Zoning Board of Appeal voted unanimously, 5-0, to grant the rel requested, provided that: 1 . The City grants the petitioner a right of way througf the municipal parking lot as shown on the plan; 2. The mode of access through said right of way be approved by the City Planning; 3. A minimum of thirty (30) parking spaces, the size of which are to be defined by the size requirements of the Ordinance, be maintained on s 4. The percentage of lower income dwelling units proposed in the petitio be always maintained for such low income use; 5. A Certificate of Occupancy be obtained for each unit; 6. Plans for the proposed construction are presented to the Fire Prevention Bureau, showing the type and location of automatic smoke detectors to be installed, prior to the issuance of a building permit; 7. The petitioner obtain proper numbering from the City Assessor, and that compliance with the Salem City Ordinance relative to the numberi of buildings be adhered to; 8. All Laws, Ordinances, and Regulations of both the Commonwealth and th City of Salem, pertaining to fire safety, are adhered to. VARIANCES GRANTED Scott E. Charnas, Secretary A COPY -IF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CL AFP[ :- FR:-'; THIS L'C:!SI;I;;, °" —'.':Y. SHALL BE MADE PURSUANT TO SECTION 11 OF THE RIA.SS. i _NERAL LA's:$. CHAPT:R SC3. A?IO SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING ui TWS DCIS:DN II. THE ':--!-E OF THE CITY CLERK. PUF."'.f:T T.} 1. CE!::R L":.';. CHAPTER BOB. SECTION 11. THE VARIANCE OR SPECIAL PERMIT 'F.A::IED hE:,E'. SHALL ham: =.'!E EFFECT UNTIL A COPY OF THEDECISQN. EEARUtlG THE CERT- FICATIOIi OF TP: C'IT`i C:.ES.. =-:G 22 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED. CR iH;T. IF SSCR LR APPE.IL HSS BEEN`FILE. THAT IT HAS SEEN CISfISSED OR DENIED IS I.': ...E SSUiH ESE=' REMTRY OF DEEDS AND INDEXED UNDER, THE NAtdE OF THE OWNER OF REGCRD CF U R'i; RDED :.':C NOIED ON THE OWNER'S CERTIFICATE OF TITLE. MINUTES 6/15/88 Continued Page 2 289-293 Essex Street presented the Board with pictures of the building, wants to increase units from 41 to 45, original plans included Commercial space, as a result of many meetings it was decided that there would be no commercial space and also the financial arrangement does not allow for mixed use. We were denied by this Board and we appealed and thus it was remanded back to the Board for reconsideration. Mr. Bencal asked if the City of Salem was represented by Solicitor Michael O' Brien. The answer was yes . The building is going up on schedule. We seek the Variance again there is a problem, there will be 31 parking spaces underneath the building,municipal parking in the evening hours . Without the commercial use it will decrease the in and out of parking ordinarily involved. The plans presented have 43 units revised from 45 . What we are seeking is putting in 3 additional units instead of four. Councillor Cleary spoke in favor . No one spoke in opposition. Mr . Luzinski asked to review the parking. Elaine Finbury adressed the question, 31 underground spaces , entrance at rear of Crombie St. Parking lot. The project has a grant from Office of Economic & Community Development ( CDAG) . $400 , 000 to be used to improve the Crombie St. Parking lot. The new units are 2 bedrooms . First time home buyers program the State has conceived allows with 5% deposit to qualify for first time home morgaging financing rate 2 - 2�% lower than the banks longer term 30 years . 13-15 units are set aside for this , one bedroom 110, 000 - 115 , 000 , 129 , 000 for 2 bedrooms . Top prices are the 5 units, Penthouse, 175 , 000 . Housing Authority could purchase some of the units . Mr. Nutting asked about the easement. Mr. Kavanaugh, Planning Dept. answered, they have the easement from the City of Salem, right of way through the Crombie Street lot. Mr. Bencal; should the Board be looking at developers for the funding of these second tiers . Mr . Kavanaugh explained the elimination of these funds for parking, the Council did make it clear that the funds were necessary for these projects and was encouraged to come back to the Council in the fall when the cash might be available. Mr . Lindaurspoke on price as affordable to what people were paying now for rent . Mr . Bencal make the motion to Grant the petition subject to the following conditions . 1 . That the mode of vehicular access be approved by the City Planner . 2 . That thirty-one parking spaces be maintained on site . 3 . That the number of affordable living units remain in conformity with the terms of the Applicable Community Development Action Grant. 4 . That a Certificate of Occupancy .:be obtained prior to occupancy. 5 . That automatic smoke detectors be installed throughout the newly constructed building. 6 . That proper numbering be obtained from the City Assessor ' s Office. 7 . That all applicable requirements of the Salem Fire Department, relative to fire safety, be adhered to. 8 . That all construction be done as per the plans submitted to the Board of Appeals . 9 . That the petitioners cooperate with the City on the improvement of off-street parking facilities in the area, including the potential tiering of the Sewall Street Lot. 10 . That the petitioners dismiss its lawsuit filed as a result of the Boards original decision, in a form approved by the City Solicitor . Mr . Luzinski seconded. The Board voted 4-1 in favor , Mr. Nutting voting in the negative. PETITION GRANTED MINUTES - APRIL 16, 1986 page three 3 Irving St.- David Haight Petitioner is reouesting a Variance from front yard setback in order to install an above ground pool in this R-1 district. Mr. Charnas read the application and a letter from the Fire Dept. , stating the property is not in compliance with laws relative to the installation of smoke detectors. Mr. Haight representee himself. He displayed plans of the property, showing the location of the proposed pool. No matter where we put the pool we would still need a variance. I we put it as shown on the plans we would lose less of our yard. There is a fence around property. Speaking in favor: Russell Thatcher, 12 Grove St. , Mr. Haight has made many improvements to the property. No one appeared in opposition. Hearing closed. Mr. Bencal: where do you park? Mr. Haight: I have a garage across the street. Mr. Charnas: the only reason he needs a variance is for the front, if it encroached on the side or rear it would only need a Special Permit. I have a problem with hardship. The Board went over the plans with the petitioner showing him how he could relocate the pool so he would not need a variance. Mr. Charnas: I have no problem with letting him have his pool, just don' t see any hardship. Mr. Haight agreed to move the pool back to the 15 feet required. Mr. Charnas: should we have him come back with another plan? Mr. Hacker: I don' t think we need to have him come back, he will have to show updated plan when he gets his building permit. Mr. Hacker explained to the petitioner that he must go to the Fire Prevention Bureau and have a Certificate of Compliance issued for his smoke detectors. Mr. Charnas made a motion to grant a Special Permit to allow a pool approximately 12' x 18' on condition pool be no closer than 15 feet from the front property line on Irving St. and a Certificate of Compliance be obtained. Mr. Luzinski seconded. UNANIMOUSLY GRANTED 289 Essex St. - Elaine Finbury Petitioner is reouesting variances from density and parking requirements in order to convert property into forty one (41 ) dwelling units in this B-5 district. Mr. Charnas read the application, letters in favor from Senator Berry, Effie MacDonald, Health Food Store located in the YMCA Building; Harriet Soiref, Directc of Dance Class, 302 Essex St. ; Richard Daly, Parking Dept. Board; Peter Zaharis, Essex Camera Shop. He also read a letter from the Salem Fire Prevention Bureau, no objection. Mr. Bencal: for the record, I am a member of the YMCA located across the street from this property, this will not affect my decision. Attorney Kenneth Lindauer, 14 Lynde St. , Salem represented the petitioner. The major concern of this Board and the citizens of Salem is parking. He displayed plans to the Board and the assemblage, he also displaved renderings and a plan of the ajacent parking lot. This lot has nothing to do with this project. Because of the financing, ten units will be rented to low or moderate income persons. These will not be condominiums, strictly rental units. - The first level will be parking lot, 30 spaces. We have tried to meet the reo,uirements of the Ordinance, the project originally was going to be two levels of parking. Could not get funding for that. We went through UDAG and there was insufficient funds to allow the two levels. There is a deadline coming up for financing now. We have met with the parking commission to acquire 32 parking spaces in the City parking, either the garage or the plaza. We were told we could purchase cards for parking but not spaces would be designated. There is no way to build this economically with the two level parking, it would not be feasible. MINUTES - APRIL 16, 1986 page four 289 - 293 Essex St. - continued Miss Finbury was part of the theater group and tried to revise it, a good deal of money was put into it and for a while it was running a a profit. When the Sack theaters came to Salem this stopped. They tried live concerts, had some successes but all in all it ran at a loss and the theater was closed. There is no possibili' of it re-opening, a theater of this type is a thing of the past. What we are proposing is the only appropriate use for this building. It is zoned B-5, the use is allowed. We have heard concerns about the adjacent parking lot. We would need an easement, right of way and by redesigning this lot the City could increase the number of spaces. Right now there are 41 spaces, as you can see, with this design (he referred to the plan of the parking lot) there could be 43 spaces. There is additional parking in the area such as the parking lot behind Bowmans. Most of the tenants would not be home during the day and should not cause any problems for the businesses in the area. Mr. Strout: The plan you are display, is it a revised plan? It is different from the plans we have. Mr. Lindaur: since we submitted the plans to the Board the plans have been revised. Mr. Charna: you should officially withdraw these plans and submit the new plans. Mr. Lindaur: I will withdraw the plans previously submitted and submitted these revised plans. He again referred to the plan of the adjacent parking lot, the entrance to the building will be from Crombie St. Mr. Charnas: you said in the petition it would not be feasible to have less than 41 units, could you explain that? Mr. Lindaur: financially, if we don' t have the income, we would not do what we want to do, ,just for example, the building will need an elevator, this is very expensive. The street level view%�ill not look like a garage, tenants will enter and the garage will slope down, there will be an elevator from the garage. It is basically a. structured garage, will cost between 6 & 9 thousand per space. We recently goian easment from Crombie St. , there will be 30 spaces. Mr. Bencal: at the present time, that adjacent lot is closed till 9:30 in the morning, do you have any evidence that it will be opened. Mr. Lindaur: there will be a gate, we will maintain that gate, so I don' t think there will be a 'problem. Speaking in favor: Dick Pabich, 5-7 Summer St. , our property looks at the rear of the theater. This is the best thing that could happen to this property. The parking is a problem but it is the city's problem. Michael Walsh, no address, in favor, the parking can be worked out, I don' t think every will own a car. Frank Montessi, 15 Crombie St. , it is good to be here in favor for a change. Will be good for the area. Mr. Kavanaugh, City Planner: I have been working with the developer for months now. We have impressed the need to keep or imorove the parking lot. This will be compatible with the architecture, I feel very strongly the developers have done what we have asked. The architectural firm is one of the best. The builder is a quality builder. Mr. Hacker: how do we address the right of way if the parking lot remains closed? Mr. Kavanaugh: a card gate system. Mr. Hacker: are theyt going to change the design of the parking lot? Mr. Kavanaugh: we are negotiating for funds, I think they are regarded favorably. Councillor Gauthier: these people have put a lot of time into this. We have a housing shortage in Salem and they are providing ten low income units. i am in favor. David Doyle, YMCA, the Board of the YMCA was split, they voted that they would not opposed this. Mr. Hacker: are you in favor? Mr. Doyle: just an ocinion. Speaking in oppositio Steve Tompkins, 281 Essex St. , not in favor or in opposition, I have a couple of questions. The design of the building is certainly a betterment to the city, I am concerned about parking and about the lot being closed. He was shown on the map the redesign of the lot and told about the card gate system. Hearing closed. Mr. Hacker: they have not asked for variance from height. Mr. Charnas: that is inclusive with the density. I would like to see the card system. Don' t want MINUTES - APRIL 16, 1986 page five 289 - 293 Essex St. - Continued to see them taking away from the merchants. Would like it conditioned on the approval of the City Planner and make sure the 30 spaces are provided and designat and that the 10 apartments will be low and moderate income apartments. I am impressed with the efforts made by the petitioner to use the property as a theater As that is not a viable use, I think this is the best and I am very much in favor. Mr. Charnas made a motion to grant the variances requested on condition the City give right of way as shown on the plans submitted to the Board, access to garage be approved by the City Planner, thirty parking spaces as defined by Ordinance be maintained on site, percentage of low income units as proposed in the petition be always maintained, all conditions set forth in the communication from the Fire Prevention Bureau be adhered to (on file) , a Certificate of Occupancy for each unit be obtained. Mr. Luzinski seconded. UNANIMOUSLY GRANTED 63 Proctor St. - B & M Realty Petitioner is requesting Variances from use, area, density and setbacks in order to construct six 2-bedroom condominium units in this R-2 district. Mr. Charnas read the application, a Council Order dated September 10, 1981 which stated that no building permits be issued for the area of Proctor/Pope St. for any new residential construction until the flooding conditions on Pope St. are solved. Ile also read the Board of Appeal decision dated August 21 , 1985 denying a petition to Robert Maguire to construct six 2-bedroom units and a letter from the Fire Dept. , no objection. Robert Gauthier, B & M Realty, represented himself. I was on the Board of Appeal at the time the previous petition was denied. Mr. Hacker: before we continue we should decide if there is a substantial change. Mr. Charnas what are the differences? Mr. Hacker: the difference now is the last petition gave us not setbacks, we had nothing to go by. It is my opinion that this plan is a defined plan and it is substantially different. Mr. Charnas: I agree and I make a motion to re-hear the petition. Mr. Luzinski seconded. UNANIMOUSLY VOTED TO RE-HEAR Mr. Gauthier: at this time I would like to ask Councillor Grace to exotain the Council Order to the Board. Councillor Grace: I was the author of this Council Order. Atone time a developer wanted to put ten houses no in the rear of this land. There was a factory there, would have created a serious drainage problem. Was not a good project, the Council couldn' t say it was that particular developer, the Council did not want that particular area built on. Mr. Hacker; are you saying the Council Order excludes this property? Councillor Grace: yes. The land the Order referred to is all ledge. While I am hear I would like to say a few words about the quality of work Mr. Gauthier does, I mean this sincerely, not saying this because he is a brother Councillor. I live on Irving St. , one of his projects, displayed pictures of her home, I have noting but good to say about it, I am very proud of it. It was an old factory. I am hear to speak on behalf of Mr. Gauthier and to explain the Council Order was not intended to include the land Mr. Gauthier wants to develop and I hope the Board will look favorably on thi: petition. Mr. Hacker: I think that explains the Council Order. Mr. Gauthier: displayed pictures of the Droperty, the hardship is the land, there is a lot of ledge. Speaking in favor: Bob Bouchard, 110 Jefferson Ave. , I am very familiar with this building. It is a disgrace and something should be done with it. 19 Rufus Choate Associates January 19, 1993 Leo E. Tremblay Inspector of Buildings City of Salem Public Property Department Building Department One Salem Green Salem, MA Re: The Essex House, 289 Essex Street Dear Mr. Tremblay: I am writing this letter. to acknowledge receipt of your letter dated:-January 13,„ 1,993 with regard to my application for a building permit for The Essex House, 289 Essex Street. r, You state in said letter that, as far as the fire department is concerned, the building "must be sprinkled" . The building is sprinkled pursuant to Massachusetts General Laws Chapter 148, Section 26G. Therefore, I am once again requesting that you issue the building permit as requested. I am somewhat troubled by your statement that "there is nothing this office can do until such time as the fire department gives final approval" , as I thought it was your responsibility to ensure that the building code was enforced in a uniform manner and not in an arbitrary manner. Once again, I look forward to hearing from you so we can put this portion of the building back on the tax rolls for the City. Very truly yours, RUFUS CHOATE ASSOCIATES Elaine B. Finbury EBF/co CERTIFIED MAIL ..,-,.RETURN RECEIPT REQUESTED cc: Kenneth ,E. Lindauer, Esquire The Rufus Choate House 14 Lynde Street Salem,Massachusetts 01970 617 595-1970 508 744-0311 Facsimile 508 744-1319 Qpl6i6lil Yiis � LiYTJ LlI j,v 4I v ;i, l % ItibliC i3rapeT2u Department + uilDingetJttriment One f!,nlem Treen 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Propertv Inspector of Building Zoning Enforcement Officer January 13, 1993 Elaine B. Finbury Rufus Choate Associates, Inc. 14 Lynde St. Salem, MA 01970 RE: Essex House, 289 Essex St. Dear Ms. Finbury: I received a copy of the fire laws and got in touch with the Fire Department. As far as the Fire Department is concerned this building must be sprinkled. Any further information you may need regarding this matter please contact the Fire Department. There is nothing this office can do until such time as the Fire Department give final approval. I have enclosed a copy of a letter from Robert W. Turner dated January 6, 1987 to the Planning Board. I hope this helps clarify matters for you. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms Enclosure: ( 1) cc: Councillor Harvey, Ward 2 Rufus Choate Associates, Inc. January 11, 1993 Leo Trembley, Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: Essex House 289 Essex Street Dear Mr. Trembley: Enclosed please find a copy of the section Inspector La- Pointe is citing. As you can see, it references the State Build- ing Code. Please read this over and call me to discuss it. I thank you for your cooperation. Very truly yours, Elaine B. Finbury EBF/dg Enclosure 1 The Rufus Choate House 14 Lynde Street Salem,Massachusetts 01970 i 617744-0311 ®® CITY OF SALEM, MASISA(11WUrSEtff- ``LS PLANNING DEPARTMENT Q p Q GERARD KAVANAUGH `T ilrct { _0 ONE SALEM GREEN CITY PLANNER � x ��tleI.IAS-5- 01970 7 OF Yl� o (617)745-9595 ext. 311 , 9 February 8, 1988 Mr. William Munroe Building Inspector One Salem Green Salem, MA 01970 Dear Bill: I am writing to you with regard to the Essex House Condominium Project being developed by Elaine Finbury at the former Salem Theatre site. I am aware that the project has received a Building Permit, and is under construction. However, the developer has not received a Site Plan Review Special Permit from the Planning Board. Ms. Finbury has applied for a Site Plan Review Special Permit, the Planning Board has held a public hearing, and the Board's concerns are currently being reviewed by the Planning Department. It is anticipated that the Board will make its determination of approval during the next several months. The Planning Board, though, may request changes in the plan, and it would certainly be unfortunate if such changes required the negation of construction work already commenced or completed. You can be assured, though, that the Planning Board will approve this project as expeditiously as possible. S' c y, Gerar avanau City nner cc: Elaine Finbury M32WP e G DEIULIS BROTHERS CONSTRUCTION CO. , INC . 31 COLONS 5T.TERRACE& LYNN.MA 01902 (617)595-8677 June 6, 1988 City of Salem Building Dept. 1 Salem Green Salem, MA. 01970 /Re�_289_29.3_Essex-Str--eet .009 Gentlemen: We request permission to continue to occupy approximately 60 feet of sidewalk at 289-293 Essex St. , Salem, for, the purpose of erecting and maintaining scaffolding from this date to August 31, 1988. Very truly yours, DeIULIS BROTHERS CONSTRUCTION CO. , INC. - > Frank DeIulis FD/ph enclosure - original sidewalk permit ifU of �;N alrlil C411ass clrl1uselts �' 11alnlinq �Iaarb : c �iNin e.IP'S~ U3ur aafrm Grern _� ..,:., ;,...s . CITY OF SALEM' PLANNING BOARD Will give a public hearing under Section R, Site Plan Review, of the Salem Zoning Ordinance, at the request of Elaine Finbury. The purpose of the hearing is to discuss a plan for the construction of condominiums at 289 Essex Street , the former Salem Theatre. This hearing will be held on Thursdav, January 7 , 1988, at 7 :30 p.m. , One Salem Green, second floor conference room. Walter B. Power, III Chairman 12/24 & 12/31 LE210 This notice po2tcd on "Official Bulletin Board" �itT E,.11 t.r . , - .:., . . cn ,e5e ' 2/, IW2' •t //. 2 P i cc:. _ :.cr cath Chap. 626. of tha Acts of 1958. _ M� Citp of 6aiem, Aamgacbmwtg Public Prupertp Department �3uitbing Department One Oaiem Breen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer February 28, 1989 Childs, Bertman, Tseckares And Casendino, Inc. 306 Dartmouth Street Boston, MA 02116-2201 Attn: Fd Stokes RE: The Essex_House/CBT_486222.00 4Z-72-89:-293- Essex-Street_ Salm, MA Dear Mr. Stokes: As you are Project Representative for CBT Inc. , for above referenced project, I would like you to forward copies of all reports of progress during the construction of this project. The only reports we have are dated 14 December, 1987, 23 February 1988, 14 March 1988, 25 April 1988 and 2 August 1988. we were supposed to be receiving bi-weekly reports. I have asked contractor for these reports at different times during the construction phase, but never received any. Your cooperation would be appreciated. Sincerely yours, James D. Santo JDS/st P -607 165 830 RECEIPT EOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) WSent" Elaine Finbury _N Street and No. 0 14 L nde St . d P.O..Sla em ate ZIP ,9 Uotle 1970 c� Postage S t Certified Fee 2.00 ^Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered N Return Receipt showing to whom. Date,and Address of Delivery d j TOTAL Postage and Fees S 2.00 p Postmark or Date R E 0 LL IL 6 I I STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) i 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mils.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED. adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipi. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present It if you make Auiry. _r •SENDER:CompletWIVOs 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in th'e°"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide you the name of the arson delivered to and the date of.delive .For additions es the o lowing services are available.Consult postmaster for fees andd-chec ox es)for additional service(s)requested. , 1. ❑ Show to whomdelivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: - 4.Article Number P 607 165 830 Elaine Finbury TypeofService: Rufus Choate House nde St. Registered Insured 14 L Y ® Certified COD Salem,P1A 0197 Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5.Signature—Addressee S.Addressee's Address(ONLY if X requested and fee paid) 6.Siggatu Agent XC/_0 7.Date of Delivery PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICELSA OFFICIAL BUSINESS /c�* SENDER INSTRUCTIONS r1 �� Print your name,address,and ZIP Code in the space below. �� „1 IV •Complete items 1,2,3,and 4 on � ,i a the reverse. •Attach to front of article if space ! permits,otherwise affix to back of article . PENALTY FOR PRIVATE •Enndordorse article"Return Receipt USE.WO Requested"adjacent to number. RETURN Print Sender's name,address,and ZIP Code in the space below. TO William H. Munroe/ Building Dept. City Hall Annex/ One Salem Green Salem,MA OI970 1 Citp of *afem, Aamwbugetto Public Propertp department �wmx� JBuitbing Mepartment One balem oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 28, 1988 Ms. Elaine Finbury Rufus Choate House 14 Lynde Street Salem, MA. 01970 RE: Essex House Dear Ms. Finbury, Despite notice of payments due, to date you have failed to make any payments , dating back to November 5, 1987 as required by the enclosed City y. . > of Salem Ordinance. You will note that payment is due within thirty (30) days of receipt of your invoice. In order to avoid this department placing a "Stop Work" on you "Essex House" project , please submit payment within seven (7) days of receipt of this notice. Sincerely, William H. Munroe Inspector of Buildings WHM/eaf enc: (2) C.C. Mayor Salvo City Clerk City Solicitor r( .Tate &aod oo G �tovea aged �landarc�a Michael S. Dukakis C. Governor tV�te'Q&4& 0'X 9&� - Room'""`�'���� Kentaro Tsutsusi , ama4zaeff4 0.20'08 0iairman . (617) 727-3200 Charles J. Dinezio STATE BUILDING CODE APPEALS BOARD Administrator September 25 , 1987 Essex House Associates 14 Lynde Street o Salem, MA 01970 f 17 RE : Docket : *87-97 , -Property Address : 289 Essex Street :c �Sa I em,, MA We are pleased to enclose a copy of the decision refat we to" the.; above-mentioned case wherein certain varlances from7the tate Building Code had been requested . Sincerely , STAT'E,/IIIBUILDING CODE APPEALS BOARD Ket4r Lark Clerk CC : State Building Code Appeals Board A err Aa4d ol Ag R7a1�,w and.1&nWa4,.&' Michael S. Dukakis ✓NGf a��xaa� J&& CAV 7 �/�"„/,� Governor "���' one saWW'Y&n G - Room mol Kentaro TsutsuniMapG�6 0$1'08 Chairman (617) 727-3200 Charles J. Dinezio STATE BUILDING CODE APPEALS BOARD Adninistrator Docket *87-97 Date : September 8 , 1987 In accordance with MGL c143 , Section 100 and the Commonwealth of Massachusetts State Building Code, this Appeals Board has found the following : The appellant , Essex House Associates , Inc . , on August 3 , 1987 appealed to this Appeals Board the decision of the Building Official , City of Salem dated August 3 , 1987 . On September 8 , 1987 , a public hearing was held In Boston before members of the State Board of Building Regulations and Standards who acted as the State Building Code Appeals Board in which a majority of the said Appeals Board found In Its opinion the enforcement of the Massachusetts State Building Code would do manifest Injustice to the appellant and the relief requested would not conflict with the general objectives of the State Building Code and any of Its enabling legislation . There were present at the said hearing : William Luster , One Salem Green , Salem, MA 01930 James D. Santo, One Salem Green , Salem, MA 01930 Kenneth Lindauer , 14 Lynde St . , Salem, MA James McBain , CBT Architects . , 26 Cordis St . , Wakefield , MA 4 STATE BUILDING CODE APPEALS BOARD Docket *87-97 Date : September 8 , 1987 The Appellant testified that he was the architect for a 41 unit condominium development located in Salem . The development consist of a five story building of Type 2A construction and Is located within a fire district as established by the City of Salem. The Appellant Indicates that the local Inspector is requiring that the development be subject to the requirements of Section 302 .2 of the Building Code and particularly Table 302 dealing with fire rating of exterior walls . The Appellant contends that the building Is of Type 2A construction and this type of construction is allowed under Section 302 . 1 of the Building Code. Under Section 302 . 1 , there would be no requirement to comply with Table 302 . The building Is located In a downtown area and abuts a city parking lot on one side, a street on a second and buildings on the remaining sides . The Appellant seeks to require the local Inspector classify the construction as 2A and thus be subject to the requirements of Section 302 . 1 of the Building Code . The local Inspector testified that It was his opinion that the building should be subject to requirements of Section 302 . 2 and Table 302 . Following testimony , the Board found that the building Is constructed to conform to Type 2A construction and should be subject to the requirements of Section 302 . 1 of the Building Code. The Board finds that Section 302 . 2 of the Building Code - does not apply to Type 2A buildings . Mr . Hallisey disagreed with this decision . SO ORDERED STATE BUILDING CODE APPEALS BOARD Docket *87-97 Date : September 8 , 1987 The following Board Members were present and voted in the above manner : Cha i rm � wl Ilam . Kramer 4hmes Ha IIIIsey ul Pl or A true copy attest , dated &jZZL';- A Clerk P ter Larkowlch Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent Jurisdiction In conformance with Chapter 30A, Section 14 of the General Laws . dASSACHUSETTS 26E - .,. - § Z6G . ,. }SUPPLEMENT To CRAPTP8S:14OB-14H u the head of the.fire department Total Client Service Li C. 148 'ionitored.battery.powered smoke 5 Am jar Proof of Facts 33dd 3g�`r`°"` shall be installed in the following SPmnkler System- Negligent Failure to Instal]or MaintainSmoke Alarm or be installed on the.ceiling of each Teictr ' -?' r , , the base of, but not within each Mendler Massachusetts Coaveyancers Handbook t ' Affecting )r shall be installed outside each g Use and Sale vn[h Forms §§21 1 21 404 R e D egvlahons CASE NOTgS whole or m paft for residential lord to Any common-law duty of residential land- 426E relative tofnsta8atiov of smoke detee -nor Itlnre than five units and not - b gone tall smoke detectoras supe H ed _t« landlord was mempr from any statutory .,y-six B or twenty-six C shall be by statute(GL c 148 Owners of`such buildings or (1988)26 Mass App 972,528 NE2d �Le9a rement to install smoke dete.ctor an rte+ .monitored battery powered smoke 150 a... !mines and had no common-law duty to do so moke detector outside each se a- Since cadential rental property wag 10- �Bemett v De.Bon n(1988)26 Masg'AFD y e Bated in City which had not accepted GL a 148 528 11 150. ., t the head of the fire department �9t�s..,� �Yra3gt ,oaitored battery powered smoke 26F, 3 , Sellers to Install Smoke.Detectors, Enforcement common hallways and basements , ,t y I^_„ ,-.r•,� 'rn. e 'series of interconnected approved Code of Maseachnsetta Re stalled- .-. a t y; . Installation 527-CMR 24.07. h•- n i , , ,Y 'roved primary power shall mean Total Client-Service Lib rarye References ry. electric power furnished by 5 Am Jur Proof of Facts 'lly operated'oroperating under Sprinkler system. 3d 383,Negligent Bailure to fasta113or Ma vtaiv;Smoke Alum or . - 'c utilities which is.the primary Texts-' - `iurce but is permanently wired -Mendler,.Massachusetts Conv he failure of the primary source Affecting Use and Sale. eyancers Handbook with Forms H 21 121:4.04, Regulations. 11 enforce the provisions of this § 26G. .Automatic S all not apply to this section. tions; Alternative Fire Sprinkler Systems;Required Installation Excep PPressant Systems. ._, In any city or town which accepts the:provisions of this section, every '912, 982,effective 90 days thereafter, 1959, building of more than seventy-five hundred gross square feet in floor area -. or every addition Of_more.thanF 6se.v�e��n�ty-five hundred gross'square feet in �reaf[er floor area shall be rotected """4a:.-_tlt automatic sprinklers in accordance with the p ovisions of he state building ate..system _of :g references to .'approved smoke deter- c�provided,.however, at 1R t 1 case 0 Sai a .roved monitored battery puwer.smoke system of automatic sprinklers shall be installed in said�asuic addition only.-No I ' ',inserting the proviso authorizing the such sprinkler system shall be,required,unless approved monitor bate ower smoke sufficient water and water battery P pressure counts. For u ones of this'section, the gross square feet of a astallation.of interconnected approved - - p rp - . 1. building or.addition shall include the sum total of the floor areas .ys of certain residential buildings. ,,,. ., g ;subsection designators,and adding the levels, basements and sub-basements, measured from outside walls riall rrespecr !c) Sections 3 and 4 of the amending act: . hue of the existence of interior,fire resistive walls;floors and ceilings } r In such buildings .. gs y to buildings or structures which have b's or additions, or in certain areas of such Iiuildmgs or additions, where the discharge of Water would be a an ctual danger in the fire department poor to the effective event of fire, the head of the fire would mwouldab permit the it danger in he in ings or structures,regulated by this act, ;x such other fire suppressant systems as are prescribed by the state buildinof g -! structures are locates ,ter hnncom un try code`in Neu of automatic sprinklers. Automatic suppressantror'sprinkler eno later than three years, from the systems shalt not be required in rooms orareas.of a telephone central office a ate located in a community with a equipment building .when such -rooms Or .areas' are,protected with: an undred thousand,and no later than one - automatic fire alarmsystem. Sprinkler Iildmgs or structures are located in a story,building-havin .a.fire: esistnce-rating as not..be required in a.one +� buildmg;code that is used solely foprescribed in the state r offices,provgided the b Idiag is.protect d _ w� :i ns call t8W5Y7-0430. " - - ,165 .. - For the latest stapetsa and pee dtatlons call t-800.527-0430. _ - •_ eSc- y s t.._ air �� as'tai 1 lK A 4'j�j'.,v .6+njwaW�!C-.,' i1$.K`ak�'�'" e� p �e.iTi s � 'cad . Y�-�+.� .ter r 's"`�a+Y.�r+ �mL�`p:• �iµ� -".� - a' C. 148 ANNOTATED'LAWS OF MASSACHUSETTS $ 26G la Fpt3� a S .., by an automatic fire alarm system. Sprinkler systems shall not be regnired m open-air parking structures,'defined as: buildings, structures, ar portions thereof, used for parking motor vehicles and having not less than twenty Ave percent of the total wall area open to atmosphere at each level utilizing -at east two sides of the structure. This section shall not apply to buildings or additions used for residential purposes. m. The head of the fire department shall enfoice the provisions of this section '" r -s Whoever.is aggrieved by the head of the fire department's interpretation order, requirement, direction or failure to act under the provisionsof this > . .t ' fa section,may;within forty-five days after the service'of notice thereof,appeal xRi A a from such interpretation, order, requirement'direction or failure to act to v the automatic sprinkler appeals board as provided in section, two.hundred L and one of chapter six. `History Added by.1982,545,11,approved-December 15; 1982,effective 90 days ttiercafter a? % '1�.Amended by 1986, 284, 11,_approved, with emergency.preamble, July 21, 1986: by 12 ' •'�applicable.to construction of buildings or additions or major alterations commenced after July F,T1983;.1986, 526,approved November 12, 1986,effective 90 days thereafter, 19n,416;q 2, -'approved October 17, 1989,effective 90 days thereafter. st 'Editorial Note— .Section 2 of the inserting act provides as follows ...`-SEerroN 2-This act shall apply to construction of buildings or additions or major alterations commenced after July first,nineteen hundred and eighty-three. " The first 1986 amendment,rewrote the first sentence of the firstparagraph ae feet deleting"eery t r building or addition of more than seven thousand five hundred gross square feet iv floor area", " 's f inserting in its place "every building of more than seventy-five hundred gross square feet in y floor area or.every addition of.more than seventy-five hundred gross square feet in floor area", and adding the proviso with respect to an adequate system of automatic sprinklers for additions. -- . only. .. .. . ....- - ,-� .:- -.,- ... . . "The second 1986 amendment inserted a sentence after the third sentence is the serond .. paragraph exempting open-air parking structures from the requirement of sprinkler systems. The 1989 amendment added the fourth paragraph providing that anyone dissatisfied with -the department head's interpretation of enforcing the provisions of this section has 45 days-: following service of notice,to appeal to theautomatic sprinkler.appeals board 1s i.;::= : Total Client-Service Library®References= -�•� "L`" 5 Am Jur Proof of Facts 3d 383 Negligent Failure to Imta1l or-Maintain Smoke Alarm or - 'Sprinkler System- CASE NOTES `GL x'148 §26G-is not onc6nsututiovaliy (1987) 24-Mass App 912 507 NE2d 256,.' 1 - vague.Chief of Fire Dept..v WiblrN(1987)24 review den 400 Mass 1101,.508 NE2d 620...; is Mass App 912.507 NE2d 256 review den 400 - Word"alteration"is defined differently de :-Mass 1101,508 NE2d 620. _-pending on context Congregation Beth Sbo- -';Term "unless saf6cient -water and' water 'lom & Community Center Inc v Building p� pressure exist"means that owner of building i,'Cow.-of:Framingham (1989)'27 MassApp - isd' or addition to which'statute applies must have i x276,537 NE2d 605 access to.source of water suf cient.to operate Ansematic sprinkler requirement applicable E adequate system of s rinklers,on - _ -v $ P else exemp• - to.relatively large nonresidential buildings n.. } tion applies. Chief of.Fire'Dept. d'Wibley 'fire safety measure Congregation Beth Shu- sc - (1987)124 Mass App 912, 507:NE2d 256 -'lom'& Community Center. Inc. v, Building rmew den 400 Mass 1101;508 NE2d 620 . Comr.-of Framingham (1989) 27 Mass,App" Source of water for sprinkler'system must--+276,537.NFU 605 - - a, da on land on which new buildings or addition - "Major alterations"jndada any work;vat - ..,= are constructed or off,landand legally.avail )repairs,whichismajor in scope or expevi-: =Tc gable to owner- Chief of Fire Dept. v Wibley "lure, and'which`results in changes affecting. ;- 188 l +ik ,For the IeteK Statutes-and use oRaBone call 1.800.527.0490, i 2 --- .e-�. a • i � - ' x. :'r(s' "tly y x ✓ .'.ac.:'. ,yu., P���-+2�,.. +.yw:"-G rt+-?.L'A... 5�'Ci __ ✓' .W.t � 4:i�- :;t=°`"T�''+`"'`'.I++�Y y.r ..y y 'ntd^,u^+�idv'i+"t= a w'LF-�`S� ,TED LAWS OF MASSACHUSETTS §:2 1 6G •l6H _ - I system. Sprinkler systems'shall noClie,required. aabstantial SUPPLEMENT TO CHAPTERS 14013-14$ - -'..- portion of building. i - Ce•:1` ]res, defined as: buildings, structures, or portions 'Beth Shalom & g•Congregatmn g motor vehicles and having not less than twenty MaasA Count. of FrdA1nghty am t(1989)�27 Requirement loraalteraHodeto btiildfn installede enc sprinklers Lit area open to atmosphere at each level, utilizing PP 276,537 NE2d 605: done is not Unconstitutionally g ructure. This section shall not apply to buildings by lin vation work to substantial portion of ginon Bch Shalom & y Community COpg g costing$550,o0o, ' .Inc.v Building Comm ty Cent'. :ntial purposes mcludin mstalla g Comr.of Framin tion of new ceilings. floors and walls, rcloca - Masa App 276,537 NE2d 605gr(19Z; rtment shall enforce the provisions of this section: ': tion of air conditioning z i ,ass the head of the fire department's interpretation, g ducts and stairway k - rastanation of automatic sprinklers on or. failure to act under the provisions' of this and ext pace constitutedg"[q hod ���asquare idfagpndergoi°g rynajoral2eratiov'rou; .feet ex s _regmrfng installation of automatics sprinklers. 'sob required even though -fail ive days after the-service of notice thereof,appeal _Congregation Beth Shalom & P jects owner to g r failure to do s Coo mminal , nder, requirement direction or failure to act.to Cerate. Inc..v Buildin Commun ty 'it Beth Sholom&Community tion. Cor peals board as provided In section two.hundred h?9! ) Mau A g Comr, of Framin ';Inc v Buildfag Comr.of Framingham center - (1989 27 pp 276 537 NE2 g L i 26 4n" ., d 605 i27 Xass App 276,:537 NE2d 605. (1989 § H ,7tic fro Ya- r ePhoasaDe Sprinkler Systema, I,�odgmg for rl3oardin ted December 15, 1982,effecnve 90 days thereafter.r. '�- Houses; Ia eS'Fi+7CC finlhoas..' ".i ,�•a9- g PProved, with emergency preamble, July 21, 1986 by §2 `' .-anY;city or town Which aClt Ings or additions or major alterationa<gmmenced after July lodging house or boarding 1tOUSeeshaljhe provistons of this section ' ember ay 1the effective 90 days thereafter, 1989,416 §2 _adequate,system of automatics riakl P otected_ Yhrou h an be f every ve 90 days thereafter. " Of the state building gout 'with g code. No such sp kl c sy temashall behrehuired ons � .j ti S suffityent water and water pressure exists Ia siich`bnildin 4 unless ovides as Follows areas of such-buildings, o construction of buildings or additions or major alterations .Aria er in the - gs,. where the diSchar- - .gs or in'-certain M hundred and eighty-three. g event of a fire, the head of-the 5ie de ater would be an actual installation of artm rote the first sentence of the first paragraph,deleting every ( such other fire su r P eat shall permit the even thousand five hundred gross square feet infloor area", state building code in lieu ofPP essant systems as are prescribed b ng of more than seventy-five hundred gross square feet in department shall enforce the cavi automatic Sprinklers. The h Y the e than seventy-five hundred gross square feet in floor area", For the I - provisions dons of this section. q. end of the fire to an adequate system^of automatic sprinklers for additions mean a. house of this section "lodging house,, "boardin tin - _. , use where lodgings are let to six or more g house-shall inserted a sentence after the third sentence in the second second degree of kindred to the person conducting Persons not within the ting structures from the requirement of sprinkler systems. �fraYeiIilty liOUSes or d0 g it, but shall not fourth paragraph providing that anyone dissatisfied with ,regulated b dormitories, homes on include on of enforcing the provisions of this section has 45 days - y agencies of the.COmmODw or group P.residences licensed Any lod ealth. .. or al to the automatic sprinkler appeals board - i Shall be a ng or boarding house subject to the provisions of this;seetioa ferencee - quipped with automatic sprinklers within_ �c Negligent,Failure to Install or Maintain Smoke Alarm or torics of this act by a city or town. five:years after. ev- Whoever is aggrieved by the head of the fire d_epartment's interpretation, order, requirement CASE NOTES - " or direction under the provisions, :i - within forty-five days after the se P v>�ons 'may of this section; tuuonaliy -=(1987) 2aMau App-912 507 NE2d 256, interpretation,order or r ce of notice thereof, appeal from such (1987)24 review den 400 Mass.1101,508 NE2d 620 commission as cavi requirement to the board of appeals of the 5r w den 400 Word"alteration"is.defined differently do- `"'" P de!q in section two hundred and one of chapter siic�3�_ J) .'_pending on context. Congregation Beth Sho- HiBLOry^ -4 .'-' us o-.it �. v nd water lam & Community Center Inc v-Building "..:Added by 1986,265,approved '� r't.;�.-.: f building a Comr.'of:Framingham (1989) 27-Mau App 7 Amended by 1989, 330, aJuly 16, 1986,effective'90.daya thereafter nust have;r276, 537 NE2d 605. - . - f approved Nov 28, approved Aug 3, 1959 effective 90 0 operate -.Automatic sprinkler requirement applicable - 1959 eff r:i,: 90 days thereafter i `! �$�`�ft� 1989, 557,.§2• .e exemp- to relatively large nonresidential buildings is Editorial Note__ -f a c ` I Wibley fire safety measure,'Congregation Beth Sho- The first 1989 amendment added the third l E2d 256,':'10m'& Community'Center, Inc.'v- Building sprinkler systems in lod9agging or boarding houses. Paragraph teJative to-_requiring aotomapC` em mustW 620. aggrieved 537 NE2d Framingham- pgham:(1989�27 Mass App, The y the fve amendment added the fourth paragraph pror:ding that wh - The b department's interpretation,order,r addition ,-:"Major alterations"includes any work;not z. days w�thi°which to a requirement or di Oe°e.� appeal such interpretation,etc as could rcctiov,is allowed 45 fly avail- repairs, which is major in-scope or expendi- s Tota!Client-$ervice,Lib y. i provided ed i°ALM GL c 6§201. v Wibley '"'fuze and'whichresvitgin changes affecting 13 Am Jur 2d,.Buildings¢25,R� ermcei,_ ht and case dtatlons Dell 1400.5274430. ' ;.For Oce letast atatull"and case a ltathMs a"1-800.57/-0430. _ ----1167 .- gtr a ' N F i.� •Y. Yf•- •Yw.Twi"1v n' .:.` "'tau _:2a _ ., .n 4a Y w•'t'.'..�:ia; ..} SflF+^ h -�V r-'.•Y+'.»AR '1118 f Q11ty of 1<Ill'lll, � �cI55cIClilT�YttS , Firr Drp it rt merit lgrm�q„nrter s ' •18 Infnnette ?trret ?�au•m, ��a. ll 19 i ll Joschh F. Sullivan r, Chief =i to�� rr P co v January 6, 1987 City of Salem Planning Board One Salem Green Salem, Ma 01970 1 Dear Sir: The Salem Fire Department has reviewed the plans for the Essex House Condominiums offers the following comments: 1. In the plan review prior to the issuance of a building permit, it was noted that this building was to be used entirely for residential purposes. In view of this, the building was not required to be completely sprinkled; a requirement of .,lassachusetts General Laws, Chapter 148, Section 26G for those buildings greater than 7,500 gross square feet not used wholly for residential purposes. Should this building become a mixed use occupancy, the provisions of Section 26G, MGL shall apply. Signed, Robert W. Turner Fire Marshal cc: File SECTION 26F. Sellers to Install Smoke Detectors; Enforcement. All buildings or structures occupied in whole or in part for residential purposes and not regulated by sections twenty-six A, twenty-six B or twenty-six C shall, upon the sale or transfer of such building or structure, be equipped by the seller with approved smoke detectors as provided in section twenty-six E. The head of the fire department shall enforce the provisions of this section. The provisions of section thirty shall not apply to this section. SECTION 26G. :Installation of Automatic Sprinkler Systems; Enforcement. In any city or town which accepts the provisions of this section, every building of more than seventy five hundred gross square feet in floor area or every addittion of more than seventy five hundred gross square feet in floor area shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state building code; provided, however, that in the case of said addittion, such and adequate system of automatic sprinklers shall be installed in said addittion only. No such springler system shall be required unless sufficient water and water pressure exists. For purposes of this section, the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basement and subbasements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings. In such buildings or additions, or in certain areas of such buildings or (. . additions, where the discharge of water would be an actual danger in the event of fire, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building when such rooms or areas are protected with an automatic fire alarm system. Sprinkler systems shall not be required in open-air paking structures, defined as: buildings, structures, or portions thereof, used for parking motor vehicles and having not less than twenty-five percent of the total wall area open to atmosphere at each level, utilizing at least two sides of the structure. Sprinkler systems shall not be required in a one story building having a fire resistance rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fire alarm system. This section shall not apply to buildings or additions used for residential purposes. The head of the fire department shall enforce the provisions of this section. I This section shall apply to construction of buildings or additions or major alterations commenced after July first, nineteen hundred and eighty-three. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler system appeals board as provided in section two hundred and one of chapter six. 23 `j •. �� �' It1 IIx �Ill'Til, � ��I�S�IClilI51'�t5 - +firr Drunrtment 1gr:c:lu11a1tres 1R �l.inf:tt�ettr ,?tart tau ut, 1��a. Ll 19 i Ll .Inx•rh F. Sullivan - Chiel January 6, 1987 City of Salem Planning Board One Salem Green Salem, Ma 01970 Dear Sir: �Tl The Salem Fire Department has reviewed the plans for the Essex House Condominiums offers the following comments: 1. In the plan review prior to the issuance_ of a building permit, it was noted that this building was to be used entirely for residential purposes. In view of this, the building was not required to be completely sprinkled; a requirement of .Massachusetts General Laws, Chapter 148, Section 26G for those buildings greater than 7,500 gross square feet not used wholly for residential purposes. Should this building become a mixed use occupancy, the provisions of Section 26G, MGL shall apply. Signed, Robert W. Turner Fire Marshal cc: File bx - t rib r a Y uµ, 148 §26E PUBLIC SAFETY Library References Health and Environment X32. Comments. Municipal Corporations e-603. Real estate purchase and sale, smoke de- ?. WESTLAW Topic Nos. 199, 268. tectors, see M.P.S. vol. 5, Rodman, C.J.S. Health and Environment §§ 28 to 36, 52. - § 94.5. C.J.S. Municipal Corporations§§ 254 to 257. q § 26F. Residential buildings or structures; equipping with smoke detec tors upon sale or transfer All buildings or structures occupied in whole or in part for residential a • purposes and not regulated by sections twenty-six A, twenty-six B or twenty- six C shall, upon the sale or transfer of such building or structure, be equipped by the seller with approved smoke detectors as provided in section' twenty-six E. ;_h The head of the fire department shall enforce the provisions of this section. The provisions of section,thirty shall not apply to this section. Added by St.1979, c. 712, § 1. Historical and Statutory Notes ,l St.1979, c. 712, § 1, was approved Nov. 9, 1979, and by § 2 made effective Jan. 1, 1982. 3 44c r Library References t *' Health and Environment 4-32. C.J.S. Health and Environment §§ 28 to 36,�_ t Municipal Corporations e-603. 52, WESTLAW Topic Nos. 199, 268. U.S.Municipal Corporations§§ 254 to 257] § 26G. Nonresidential buildings or additions; automatic suppressant or sprinkler systems nt In any city or town which accepts the provisions of this section, every 1. !y„ building of more than seventy-five hundred gross square feet in floor area or. every addition of more than seventy-five hundred gross square feet in floor; area shall be protected throughout with an adequate system of automatic e sprinklers in accordance with the provisions of the state building code;', r provided, however, that in the case of said addition, such an adequate system' of automatic sprinklers shall be installed in said addition only. No such sprinkler system shall be required unless sufficient water and water pressure' s µ exists. For purposes of this section, the gross square feet of a building or - • " •-,� x addition shall include the sum total of the floor areas for all floor levels,`t ' basements and sub-basements, measured from outside walls, irrespective of, i the existence of interior fire resistive walls, floors and ceilings. 1-1;,4 ' In such buildings or additions, or in certain areas of such buildings or additions, where the discharge of water would be an actual danger in the ,' l * event of fire, the head of the fire department shall permit the installation of"' r' such other fire suppressant systems as are prescribed by the state building �n3z code in lieu of automatic sprinklers. Automatic suppressant or spnnkler systems shall not be required in rooms or areas of a telephone central ofhceq: � 1 . ,�- � 434 L FRI *gam i-AXf �+tit • �'liyt ..y.. FIRE PREVENTION 148 §26G Note 2 equipment building when such rooms or areas are protected with an automat- ic fire alarm system. Sprinkler systems shall not be required in a one story building having a fire resistance rating as prescribed in the state building code that is used solely for offices provided the building is protected by an automatic fire alarm system. Sprinkler systems shall not be required in open-air parking structures, defined as: buildings, structures, or portions 4 thereof, used for parking motor vehicles and having not less than twenty-five per cent of the total wall area open to atmosphere at each level, utilizing at l least two sides of the structure. This section shall not apply to buildings or additions used for residential purposes. I The Head of the fire department shall enforce the provisions of this section. Whoever is aggrieved by the head of the fire department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may, within forty-five days after the service of notice thereof, appeal from such interpretation, order, requirement, direction or failure to act to the automatic sprinkler appeals board as provided in section two hundred and one of chapter six. Added by St.1982, c. 545, § 1. Amended by St.1986, c. 284, § 1; St.1986, c. 526; j 1 St.1989, c. 416, § 2. Historical and Statutory Notes St.1982, c. 545, § 1, was approved Dec. 15, 1983, in the first paragraph, in the first sen- 1982, and by § 2 made applicable to construc- tence, inserted the proviso. tion of buildings or additions or major alters- tions commenced after July 1, 1983. St.1986, c. 526, approved Nov. 12, 1986, in the second paragraph, inserted the fourth sen- S[.1986, c. 284, § 1, an emergency act, ap- 9 i proved July 21, 1986,and by§ 2 made applica- tence. ble to construction of buildings or additions or St.1989, c. 416, § 2, approved Oct. 17, 1989, major alterations commenced after July 1, added the fourth paragraph. i i Library References 1 Municipal Corporations 4-603. WESTLAW Topic No. 268. C.J.S.Municipal Corporations§§ 254 to 257. WESTLAW Electronic Research See WESTLAW Electronic Research Guide following the Preface. Notes of Decisions 'k Major alterations 3 tions major in scope or expenditure resulting Sufficiency of water pressure 2 in changes affecting substantial portion of Validity 1 = ` building, had sufficiently clear meaning to sat- isfy constitutional standards. Congregation _ Beth Sholom & Community Center, Inc. v. i' Vandity Building Com'r of Framingham, 1989, 537 This section providing that projects involving N.E.2d 605,27 Mass.App.Ct.276,review denied major alterations' to buildings must include 542 N.E.2d 601, 405 Mass. 1202. } p, sprinkler system, which involved possible x3; criminal sanctions for noncompliance,was not 2. Sufficiency of water pressure + ` unconstitutionally vague, as term"major alter- "Sufficient water and water pressure exists,' j I pu«: anon" as construed by court to mean alters- for purposes of this section stating that auto- 435 44�y4 a s No d-9V City of Salem Wawa �H.ceworq- CL �o� APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANrT�-Applicant to complete all items in sections:1, it, Ill, IV, and IX. I. AT(LOCATION) ( C S c-e—x- �/ ZONING CT LOCATION (NO) (STREET) OF BETWEEN AND BUILDING (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE II. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION'USE MOST RECENT USE 1 ❑ New building Residential Nonresidential 2 ❑ Addition(It residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational housing units added,if any,in part D, 13) 19 E] Chruch,other religious 13 ❑ Two or more family-Enter number 3 2'Alteration(See 2 above) of units ....................................................... 20 ❑ Industrial 21 ❑ Parking garage 4 ❑ Repair replacement 14 ❑ Transient hotel,motel,or dormitory- Enter number of units ........................... 22 ❑ Service station,repair garage 5 ❑ Wrecking(it multifamily residential,enter number 23 ❑ Hospital,institutional of units in building in Part D, 13) 15 ❑ Garage 24 ❑ Office,bank,professional 6 ❑ Moving(relocation) 16 ❑ Carport - 25 ❑ Public utility 7 ❑ Foundation only 26 ❑ School,library,other educational 17 ❑ Other-Specify 27 Stores,mercantile B.OWNERSHIP 28 ❑ Tanks,towers 8 ©Pnvate(individual,corporation,nonprofit Other- institution,etc.) 29 ❑ Specify 9 ❑ Public(Federal,State,or local government C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant, 1 (7 D machine shop,laundry building at hospital,elementary School,Secondary school,college, parochial school,parking garage for department store,rental office building,office building 10. Cost of improvement ......................................................... $ .. at industrial plant.If use of existing building is being changed,enter proposed use. To be installed but not included n/ a.the above cost P �� r ) s }��� �J_n f p AC/ b. Plumbing.......................................................................... JU0a /rPS 9 7C /v 20rPt:f`:H c. Heating,air centlttioning............................................. d. Other(elevator,etc.)..................................................... 11. TOTAL COST OF IMPROVEMENT $11 LOC90.1 Ill. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition, complete only Parts J& M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 ❑ Masonry(wall bearing) 35 ❑ Gas 40 ❑ Public or private company Will there be central air 31 ❑ Wood frame 36 ❑ Oilconditioning?E] ❑ Electricity 41 ❑ Private(septic tank,etc.) 44 [3 Yes 45 [:] No 32 Structural steel 37 33 Reinforced concrete 38 Coal H. TYPE OF WATER SUPPLY ❑ ❑ Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 ❑ Public or private company 46 ❑ Yes 47 ❑ No 43 ❑ Private(well,cislem) J.DIMENSIONS M. DEMOLITION OF STRUCTURES: 48. Number of stories ............................................................ 49. Total squors,re based n exteriloor or Has Approval from Historical Commission been received all floors,based o f exterior dimensions ......................................................................... for any structure over fifty(50)years? Yes_ No 50. Total land area,sq.n. Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed............................................................................. HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? 52. outdoors............................................................................. Yes No L RESIDENTIAL BUILDINGS ONLY Water: 53. Enclosed............................................................................. Electric: Gas: 54. Number of Full........................................... Sewer: bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No_ (If yes, please enclose documentation from Hist. Com.) Conservation Area? Yes_ No (If yes,please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes✓✓ No Is property located in the S.R.A. district? Yes_ No Comply with Zoning? Yes✓ No (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No (If yes, submit documentation/If no,submit Board of Appeal decision) If new construction, has the proper Routing Slip been enclosed? Yes_ No_ Is Architectural Access Board approval required? Yes_ No✓✓ (If yes,submit documentation) Massachusetts State Contractor License # `i V y L/ / Salem License # / OS-3 Home Improvement Contractor# /0 3 j!� S k Homeowners Exempt form (if applicable) Yes_ No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX (6)MONTHS OF ISSUANCE OF BUILDING PERMIT If an extension is necessary,please submit CONSTRUCTION IS TO BE COMPLETED BY: G , j y 9 y in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by all applicants Name Mailing address-Number,street,city,and state ZIPGodsTel.No. Owner or Lessee 2 iJe�, 'Ps a e 'f e. )NI� ret s- 0/9a-; Contractor Builder's License No. 3. X144 ,9 tl Architect or Engineer S/C; / 05--3 1 hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature of applicaAddress Appl' atio date /J ry jvP ✓ H v a v, i 13 DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building FOR DEPARTMENT USE ONLY Permit number n96 ` Building P Use Group Permit issued /1 �✓) 1 19—U Fire Grading Building ��f 0) Permit Fee $ Live Loading Certificate of Occupancy $ Approved by: occupancy Load Drain Tile $ Plan Review Fee $ J G TITLE NOTES AND Data• (For department use) Ivrpr z rLC, PERMIT TO BE MAILED TO: DATE MAILED: —� — Construction to be started by: Completed by: VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use O N MS COMMONWEALTH OF MASSACHUSETTS I ff. DErAR—.mENTOFINDUSTRIALACCIDENTS F!,, _ 600 WASHINGTON STREET amen Gamooen BOSTON, MASSACHUSETTS 02111 cam^ss one WORKERS, COMPENSATION INSURANCE AFFIDAVIT I, .i�I' / Sv✓e � ,mss f I iccnseei permi nee) with a principal place of business/residence at: O�/S ✓a�sTreP / ✓� snyQys' P/4-- (CirylSurc/Zip) do hereby certify, under the pains and penalties of perjury, that: ] I am an employer providing the following workers' compensation coverage for my employees working on this job. Insurance Company Policy Number 1 am a sole proprietor and have no one working for me. [ ] I am a sole proprietor, general contractor or homeowner (cirde one) and have hired the contractors listed below who have the following workers' compensation insurance policies: Name of Contractor Insurance Company/Policy Number Namc of Contractor Insurance Company/Poliev Number Name of Contractor Insurance Company/Poliev Number [] I am a homeowner performing all the work myself. NOTE: Please be aware that while homeowner who employ persons to do maintenance.construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto are not generally considered to be employers under the Workers' Compensation Act(GL C. 152,sea. 1(5)),application by a homeowner for a license or permit may evidence the legal sums of an employer under the Workers' Compensation Act. I understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' office of Insurance for coverage verification and that failure to secure Coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to 51500.00 and/or imprisonment of up to one year and civil penalties in the form of a Stop Work Order and a fine of$100.00 a day against me. L Signed tGhi�sfes day of Jct c , 19 V � e License Permittee Licensor/Permiaor IE:�L 0O P F/- Al — - Z� Ess"EX STREET Sf}lF�j i�1.9 - a - coli Fl, $ATH L Evd2.vtL4� - I -- uOVED--- 3 I to a.ppruv 1 by z �`otl"r - hningj:iriP,di.^tion. I ENT-2ANc� „1=. .,;vExTloT, J Ak ArP r,OP, DE ICES. I i i[ Jkl TRA 6 scA�e Saeein Ftice Depan toren-L F-ire Prevention Bureau. 48 La4a.yette SZLeet SaEem. Ma 01970 (508) 745-7777 FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT n In accordance w.cth .the provt4Zon6 o4 .the Mad.eachu,6ett6 State SuLZdin9 Code and the Salem F.Lce Code, aPPt i.cat-Con 44 hereby made 4o,% approval 04 ptan-6 and .the 4a.6uance o4 a eenti44cate o4 approva8 bu,% a bu i.Ed.Zng permd t by the Salem F-Zte Department. (Re4. Section 113. 3, Mafia. State SZdg. Code) Job Location: 28G <T Owner/ EZect,r =Z Contractor: F-Z,ce Supp,%"4 i.on Contractor:. � v SC IS I lel S.i.gnature o4 AppZccant. �(Q L/1 P 6 �22:2 ^ Phone 0: -7! L Addre.6a o4 l-//�,�,, c Jam_ City 0-t APPZ,i.cant: � � �17 G(.� Town: Sr. Approves 2 date:' /9 Ce4tG4tca.te o4 approvaZ t4 hereby granted, on approved pZan,6 or dubmtt-tat 04 project detai,E6, by the SaCem F.vte DepaAttment. AZZ ptan.6 are approved a0Ze2y 60a • dentC44-cation o4 type and .location o4 4-ice protection device-6 and equtpment. AU Ptand ace .6ubject to approval 04 any other authority having ju4,"d ceti.on. Upon eompZetion, the appZ.Leant or tn4tatZer(4) 6hat.0 reque.6t an tn6peetCon and/or #e.6.t o4 the 4.i4.e protectLon devta" and equipment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** ) New eon,6ttction. u Property ZocatCon had no eomp.ZCance w,irth the prov44.ion6 o4 Chapter 148, Section 26 C/E, M.G.L. , 4e2at- ve to the dn.6ta2atCon o4 approved 44me a aAm devtme.6. The owner o4 th.iis property 46 required to obtain eompt4ia.nce a.6 a coed lt-Lon o4 obtai.ning a Bu td int Permitt. Property-Zocatl on i-6 -9ncoe.ZCance w.f th the prov44ton.6 o-6 Chapter 148, Section 26 C/E, M.G. L. Exp4cation date: 3a GN�2k�✓VVVV�A 4i�- C1Sig o4F Fee due: undevc 7, 500 Sq. Ft. _10. 00 7 , 500 Sq. Ft. or Qazye� - 00 Form k81 (Rev. !0/90 ) FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT r In compliance with the provision of Section 113.5 of the Massachusetts State Building Code, and under. guidelines agreed upon by the Salem Bldg. Inspector and the Salem Fire Chief, the applicant for a building permit shall obtain the Certificate of Approval (see reverse side) and stamped plan approval from the Salem Fire Prevention Bureau. . Said application and approval is required before a. building permit may be issued. The Massachusetts State Building Code requires compliance approval of the Salem Fire Department, with reference to provisions of Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts General Laws, and 527 Code of Massachusetts Regulations. The applicant shall submit this application with three (3) sets of plans, drawn in sufficient clarity, to obtain stamped approval of the Salem Fire Department. This applies for all new construction, substantial alterations, change of use and/or occupancy, and any other approvals required by the Massachusetts General Laws, and- the Salem Fire Code. Exception: Plans will not be required for structural work when the proposed work to be performed under the building permit will not, in the opinion of the Building- Inspector, require a plan to show the nature and character of the work to be performed. Notice: Plans are normally required for fire suppression systems, fire alarm systems, tank installations, and Fire Code requirements. =s Under the provisions of Article 22- of the Massachusetts `State Building Code, certain proposed projects may not require submission of plans or complete compliance with new construction requirements.. In these cases, provisions of Article 22, Appendix T,: and Tables applicable shall apply. This section shall not, however,, supersede the provisions outlined in the Salem Fire Prevention Regulations, Chapter 148, MGL, or 527 Code of Massachusetts Regulations. All permits for fire code use and/or occupancy shall apply for the entire structure; fire alarm and/or smoke detector installation shall apply to the entire structure based upon current requirements as per Laws and/or Codes, but the existing structure may comply with regulations applicable for existing structures. Notice: Sub-contractors may also be required to file individual applications for a Fire Department. Certificate of Approval for the area of their work. Such sub-contractors shall file an Application to Install with the Fire prevention Bureau prior to commencing any work for those areas applicable. Form 81X (10/90) Business Certificate Up of *aiem, Aas.5arbugetms 1� IIR� Y'f DATE FILED �— Type: 2,-<ew Expiration Date ❑ Renewai, no chanee Number 94-82 Q Renewal with chance In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declares) that a business is conducted under the title of: M1+57-EX� F nannia/ tleaev/C25 at. fid'y fssa-1L df moo/ JO OlUt70 type of business 40L Uje Rr0Lck-- by the following named person(s): (Include corporate name and title if corporate officer) / Full Name Residence Z/M17,Iee 0 Sigoojures -�---- Titu of *olem, massar4uoetto VOW Propertu Department iWilbing Department (One Belem (Breen 500-745-9595 Ext. 30U Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 24, 1992 Kenneth E. Lindauer, Esq. Finbury, Sullivan & Lindauer, P.C. 14 Lynde St. Salem, MA 01970 RE: The Essex House (B-5) Dear Mr. Lindauer: Please be advised that the City of Salem Zoning Ordinance allows for a mixed use of residential and commercial in the B-5 district as long as the commercial use requested is an allowed use in said district. All necessary permits are to be obtained, including, but not limited to building and all requirements of the City of Salem Fire Prevention Bureau are to be met. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Fire Prevention Beth Debski , Planning S SEX A/0 use 2 �9 1--ss6-X ST 3 4 5 5 7 8 91011112 1314 5 !F'414aA t 3d3lk+9k+j+E244d21 9 18 1716 BASEMENT 0 502 90� 90 � 'x`07 302 CDT TEL No .262-4354 Feb 15 ,89 16 : 14 No ;010 P .62 Sk lit lil)'' Ing AlOw..... "I'll ".......Il"'-I I IWO I'll cl, ,An,;o Min, Z7 C; M February 15, 1989 Mr. Bill Monroe SALEM BUILDING DEPARTMENT 1 Salem Green Salem, MA 01970 On RE: THE ESSIKX HOUSE/CBT #86222 . 00 289-293 Essex Street Salem, MA Dear Sirs: AS project representative for CBT Inc . , I have observed the construction of the above-referenced project on a weekly basis . Finish work has been ongoing for the last several months and as of this date is substanitally complete, except for punch list items. The building as constructed has been built in accordance with the plans and specifications as issued by CBT Inc. Sincerely, Ed Stokes ES/djo Cc: A. Casendino E. Finbury F. DeIulis 8119C tlmnh W St.,,fillk Alto 1:Kurkjiti)i R1C&,,JJ nolinan J.Awl,,...0 L1101,C.Gipt" mqgtaq njh� fiomh IL All 0"', 51.11161 call, 11111k C Juno A?IrAL 0.4 Trii;,4hyHOU0.1 ralronty.sl(A� clinst"ph'A Hill Af.(Will.Ili., 7Z-J1im5L Ilwalilig Alflat Childs Bertman Tseckares&Casendino Inc. j r 306 Dartmouth Street, Boston,Massachusetts 02116,Telephone 617-262-4354 Architecture Landscape Architecture and Land Planning C h'cp Urban Design and Neighborhood Planning Oh �;�I/c Space Planning and Interior Design August 2, 1988 Salem Building Department 1 Salem Green Salem, MA 01970 Attn: Bill Monroe RE: THE ESSEX HOUSE/CBT #86222. 00 289-293 Essex Street Salem, MA Dear Sirs : The status of construction at the above job as of July 28, 1988 is as follows: 1. Steel, concrete complete except for parking slab. 2. Exterior framing complete. 3. Interior framing approximately 758 . No sheetrock installed except behind shower units. 4. Plumbing, mechanical , electrical rough-in approximately 758 . 5. Electrical vault installation in progress. 6. Masonry approximately 60% . 7. Roof installation in progress. 8. Window installation in progress. 9. Ed Stokes from CBT visits site weekly. Maurice F.Childs Robert A. Brown Janis L.Mones John L Cretecos Mark C.Flannery Patrick W.McCarthy Richard J. Bertman Christos Coios Peter H.Smith Margaret Deutsch J.Nathaniel Hailey Robert F Michel Charles N.Tseckares Frank J. Coyne Amiel Vassilovski Stan Fink Thomas M. Holaling Elizabeth R.Redman Anthony B.Casendino James H.McBain Dennis W Kloko Douglas J.Fisher Arts V.Kurkpan Edward E Stokes J .—Childs Bertman Tseckares& Casendino Inc. Salem Building Department August 2, 1988 Page Two Anticipated schedule for August includes completion and weathertightness of building exterior and the beginning of interior finishes. Please call if there are any questions. Sincerely, X4& Edward Stokes ES:jes cc : A. Casendino, E. Finbury, F. DeIcelis 6577C Childs Bertman Tseckares& Casendino Inc. 306 Dartmouth Street,Boston,Massachusetts 02116,Telephone 617-262-4354 Architecture �7 � �5 F,C•I, ti Landscape Architecture and Land Planning Urban Design and Neighborhood Planning Space Planning and Interior Design CITY QP r '„e 1-3 . March 14, 1988 Salem Building Department 1 Salem Green Salem, MA 01970 Attn: Bill Monroe RE: THE ESSEX HOUSE/CBT #86222, 00 289-293 Essex St. Salem, MA 01970 Dear Sir : The status of construction at the above job as of 3/11/88 is as follows: 1 . Steel erection 908 complete. 2 . First floor concrete slab complete. 3 . Forming for 2nd fir , slab in progress. Anticipated work in the next month includes beginning of exterior framing , 2nd-4th floor concrete and rough in for utility work . Sincerely, Edward F. Stokes CC- A. Casendino E. Finbury F. DeIulis 5351C Maurice E Childs Robert A.Brown Janis L.Mores John L.Cretecos Mark C.Flannery Patrick W McCarthy Richard J. Bertman Christos Coles Peter H.Smith Margaret Deutsch J.Nathaniel Hailey Robert E Michel Charles N.Tseckares Frank J.Coyne Amiel Vassilovski Stan Fink Thomas M.Hotaling Elizabeth R.Redman Anthony B.Casendino James H,McBain Dennis W. Kloko Douglas J.Fisher And V Kurkpan Edward F Stokes UST Ipl; T Childs Bertman Tseckares& Casendino Inc. 306 Dartmouth Street, Boston,Massachusetts 02116,Telephone 617-262-4354 Architecture Landscape Architecture and Land Planning Urban Design and Neighborhood Planning Space Planning and Interior Design -C}r 'j, April 25, 1988 Salem Building Department 1 Salem Green Salem, MA 01970 ATTN: Bill Monroe RE: THE ESSEX HOUSE/CBT #86222. 00 289-293 Essex Street Salem, MA Dear Sirs : The status of construction at the above job as of 4/22/88 is as follows. 1 . Steel erection completed. 2 . Concrete pours complete except parking area . 3 . Exterior framing in progress ( 3rd floor ) . 4 . Plbg. , electrical mechanical rough-in in progress . 5 . Interior framing in progress. 6 . Concrete testing being performed by UTS . Ed Stokes from CBT visits site weekly. Anticipated schedule for May includes the beginning of exterior masonry work and continuation of all trades . Please call if there are any questions. sincerely, C�dC 44., Edward F . Stokes cc : A. Casendino E. Finbury E. DeIulis 5631C Maurice F Childs Robert A. Brown Janis L.Mones John L.Cretecos Mark C.Flannery Patrick W McCarthy Richard J. Bertman Christos Colas Peter H.Smith Margaret Deutsch J.Nathaniel Hailey Robert F Michel Charles N.Tseckares Frank J.Coyne Amiel Vassilovski Stan Fink Thomas M.Hotaling Elizabeth R.Redman ' Anthony B.Casendino James H.MCBaIn Dennis W Koko Douglas J.Fisher Ado V Kurkpan Edward E Stokes CErr9E SIJ GF .+ p SCS Childs Bertman Tseckares& Casendino Inc. 306 Dartmouth Street,Boston,Massachusetts 02116,Telephone 617-262-4354 FEB � Architecture �'' Landscape Architecture and Land Planning CITY ii f i Urban Design and Neighborhood Planning OFe,fir 0 Space Planning and Interior Design M, --j February 23, 1988 Salem Bldg . Dept. 1 Salem Green Salem, MA 01970 ATTN: Bill Monroe RE: THE ESSEX HOUSE/CBT #862.22, 00 289-293 Essex St. Salem, MA Dear Sirs : The status of construction at the above job as of 2/18/88 is as follows : 1. Foundation complete 2 . Steel erection in progress. Erection complete from Cols. 5 thru 9 , A-G. Anticipated completion of steel erection is March 4. 3 . First floor concrete from Columns 5 thru 9 , A-G scheduled for week of 2/29/88 . No other work is currently ongoing at the site. Sincerely, (�inSu'�C. -46 J Edward F. Stokes Construction Manager cc: A. Casendino E. Finbury F. DeIuluis 5174C/pc Maurice F Childs Robert A, Brown Janis L.Mones John L.Cretecos Mark C.Flannery Patrick W McCarthy Richard J.Bertman Christos Coles Peter H,Smith Margaret Deutsch J.Nathaniel Hailey Robert F Michel Charles N,Tseckares Frank J.Coyne Amiel Vassilovski Stan Fink Thomas M. Healing Elizabeth R.Redman Anthony B.Casendino James H.McBain Dennis W Kloko Douglas J.Fisher Arts V Kurkjian Edward F Stokes CUT 41j_;7;Idt< t t (-T Childs Bertman Tseckares&Casendino Inc. 306 Dartmouth Street,Boston,Massachusetts 02116,Telephone 617-262-4354 F 1 Architecture Ct g * � f � 1k3 �j�� Landscape Architecture and Land Planning �l Urban Design and Neighborhood Planningt g�_,e N`,(J Space Planning and Interior Design S"'; December 14, 1987 Town of Salem Building Department 1 Salem Green Salem, MA 01970 ATTN: Bill Monroe RE: The Essex House/CBT #86222. 00 289-293 Essex St. Salem MA. Dear Sirs, The status of construction at the above job as of 12/14/87 is as follows: 1 . Excavation 90% complete 2 . Footings poured in the following locations : North Wall - col. lines A-G East Wall - col lines 9-3 West Wall - col. lines 9-2 3 . Foundation wall poured in the following locations North wall - col . lines A-G East Wall - col. 9-5 west Wall - col. 9-6 . 5 4 . Concrete testing is being performed by UTS . Subsurface inspections are being preformed by Geotechnical Consultants of Mass. , Inc. Representative from CBT Architects visits the site weekly. Anticipated schedule for December/January includes completion of foundation work and beginning of structural steel erection. Sind. Edward F. Stokes Construction Manager cc : A. Casendino E. Finbury F. DeIulius 4073C Maurice F.Childs Robert A, Brown Janis L.Mones John L.Cretecos Mark C.Flannery Patrick W.McCarthy Richard J. Bertman Christos Coles Peter H.Smith Margaret Deutsch J.Nathaniel Hailey Robert E Michel Charles N.Tseckares Frank J.Coyne Amiel Vassilovski Stan Fink Thomas M. Hotaling Elizabeth R.Redman Anthony B.Casendino James H.McBain Dennis W. Kloko Douglas J.Fisher Arto V Kurkjian Edward E Stokes Childs Bertman Tseckares c. 3060 retmoulbbStreet,Boston,MA 02116-220r BOARD OF APPEALS, s Telephone 617-262-4354 Facsimile 617-236-0378 Architecture r /p(tp� Urban Design and Landscape Architecture - 38 '•'+ '89 Space Planning and Interior Architecture CITY OFSALE�SASS . February 15, 1989 Mr. Bill Monroe SALEM BUILDING DEPARTMENT 1 Salem Green Salem, MA 01970 RE: TUE ESSEX HOUSE/CBT #86222 . 00 289-293 Essex Street Salem, MA Dear Sirs: As project representative for CBT Inc. , I have observed the construction of the above-referenced project on a weekly basis . Finish work has been ongoing for the last several months and as of this date is substanitally complete, except for punch list items . The building as constructed has been built in accordance with the plans and specifications as issued by CBT Inc . Sincerely, Ed Stokes ES/djs cc : A. Casendino E. Finbury F. DeIulis 8119C Maurice R Childs Frank)Coyne DenmsW Kloko Stan Fink Arta V Kurkjian Richard)Bertman J Nathaniel Hailey BlairC Caple Douglas)Fisher Robert F.Michel Charles N.T eckares James H.McBain Steven C Cecil Mark C Flannery David B.O'Connor Antbarry B.Casendino Janis L.Mones liter M.Cook TimothyJ Heywood Edivard Fl Stakes Robert A.Broum Peter H.Smith John L.Cretecos Christopher A.Hill M.Cecilia Wan Chostas Coins Amiei Vassilovski Margaret Deutsch 7bamusM Hotaling Alfred Wojdecbomski CITY OF SALEM, MASSACHUSETTS BIJILDING DEPT PLANNING DEPARTMENT GERARD KAVANAUGH _ '`. ��QQ,,NE SALEM GREEN F CITY PLANNER r `r��z*�� F Q970 I � �I �� S�B�(7 �� �+3T.311 February 17, 1989 William Munroe Building Inspector One Salem Green Salem, MA 01970 Re: Essex House Condominiums Dear Bill: I have reviewed the Planning Board Conditions of Approval for the Essex House Condominium project and am satisfied that all of the - conditions have been adhered to. Therefore, I feel it is appropriate to issue Certificates of Occupancy for the entire project. I would, however, like to reserve the right to review and approve the plan for the proposed access and egress to the property through the Crombie Street Municipal parking lot. Thank you for your cooperation. Sincerely, William Luster Acting City Planner J2833 G DEIULIS BROTHERS CONSTRUCTION CO. , INC . 31 COLLINS ST.TERRACE•LYNN,MA 01902A 16171595-8677 February 16, 1989 Mr. William Munroe Salem Building Department One Salem Green Salem, MA. 01970 Re: Essex House 289 Essex St. , Salem, MA. Dear Mr. Munroe, All work at referenced project has been completed in accordance with plans by C:B.T. , Inc. and complies with the State Building Code. Very truly yours, DeIULIS BROTHERS CONSTRUCTION CO. , INC. Frank DeIulis ama� �— FD/ph H C- e w a ZE o UJ rt) s >w X _ a p U N _J t� LU LL F- L� U 1T-Y° OF SALEM . MASSACHUSETTS PLANNING DEPARTMENT r51 8 APR 8 9 57 Ati '88 GERARD KAVANAUGH 71�':L� 5 ' ONE SALEM GREEN CITY PLANNER C SALEM,1,� ASS f1LE# 01970 �k t �. ���� G� (617)745-9595 ext. 311 S; CITY CLERK SG;.EA;, ),ASS. Site Plan Review Special Permit Elaine Finbury 14 Lynde Street Salem, MA 01970 Re: Essex House_Condominiums - 289_Essex Street On Thursday, January 7, 1988, the Planning Board of the City of Salem held a public hearing regarding the application of Elaine Finbury, 14 Lynde Street, Salem, MA, for a Special Permit under Section R, Site Plan Review, of the Salem Zoning Ordinance, for the construction of 41 residential units at 289 Essex Street. At a regular scheduled meeting of the Planning Board held on April 7, 1988, the Board voted by a vote of five in favor, one opposed, to approve the application as complying with the requirements for issuance of a Special Permit, subject to the following conditions: 1. Conformance with Plan Work shall conform to plan entitled, "The Essex House, 289-293 Essex Street, Salem, MA", dated November 23, 1987. 2. Amendments Any amendments to site plan shall require the approval of the Planning Board. 3. Drainage Storm drainage shall be reviewed and approved by the City Engineer. 4. Board of Health All conditions of the Board of Health set forth in a letter dated January 12, 1988, shall be strictly adhered to. 5. Right-of-Way The method in which residents of the Essex House Condominiums shall gain access to their building through the right-of-way in the municipal parking lot shall be reviewed and approved by the City Planner. The egress to the adjacent property, 11 Summer Street, shall also be reviewed and approved by the City Planner. i Y. Site Plan Review Special Permit Elaine Finbury 14 Lynde Street Salem, MA 01970 6. Landscaping Landscaping shall be installed, subject to review and approval of the City Planner, prior to issuance of Occupancy Permits. 7. Signage Signage shall be reviewed and approved by the City Planner prior to the issuance of Occupancy Permits. 8. Maintenance Refuse removal, ground maintenance and snow removal shall be the responsibility of the developer, his successors or assigns. 9. Construction Equipment Construction equipment, construction trailers and building materials shall not be stored in the Crombie Street Municipal Parking Lot. 10. Community Development Action Grant The developer shall allow the immediate submission of any and all necessary documents to the Masschusetts Executive Office of Communities and Development for the provision of Community Development Action Grant Funds. 11. Construction Practices All construction shall be conducted in accordance with the following conditions: a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. There shall be no work conducted on Sundays or holidays. Inside work of a quiet nature may be permitted at other times. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 7Z hours prior to commencement of construction. c. All construction vehicles shall be cleaned prior to leaving the site so that they do not leave dirt and/or debris on roadways as they leave the site. d. Construction site shall be secured each night in order to prevent trespassing. Site Plan Review Special Permit Elaine Finbury 14 Lynde Street Salem, MA 01970 12. Violations Violations of any conditions shall result in revocation of this permit by the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the 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, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner or is recorded on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. Walter B. Power, III Chairman M3ZWP M32WP J& L7 ++o 56 iq +00 1l1Tt IIftTjPTiT, C2T88ttC�1T8Pft8 3i� 9 Poura of �ppeal Or"VUML 6A..7r. 64#g. J1101416 DECISION ON THE REMANDED PETITION OF ESSEX HOUSE ASSOCIATED INC. FOR A VARIANCE AT 289-293 .ESSEX STRE (B-5) 1 A hearing on this remanded petition was held on June 15, 1988 with the following Hoard Members present; James M. Fleming, Chairman, Messrs. Richard A. Bencal, Vice Chairman,John R. Nutting, Secretary, Edward Luzinski, and Peter Strout. Notice of the original hearing, held on January 13, 1988, was sent to abutters and others, and notices of the original hearing were properly published in the Salem Evening News in accordance with the provisions of Massachusetts General Laws, Chapter 40A. The petitioners, represented by attorney Kenneth Lindaur, are the owners of the subject property, and are requesting a Variance from parking and density to allow for the increase of four (4) residential units for the new construction at 289-293 Essex Street. The locus is situated in a B-5 zone. At the original hearing on Jamuary 13, 1988, the petition was denied, and a Decision to that effect was filed with the City Clerk. The petitioners properly appealed this Decision to the Superior Court, sitting in Essex County. That Court remanded the Decision back to the Board of Appeals for further consideration. The Variance which has 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 and 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of evidence presented, an after viewing the plans makes the following findings of fact: 1. The change frau the approved commercial space to the proposed residential space is appropriate for the locus; 2. The requested Variance was supported by the city planner; 3. There was community support for the petition. 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 this property DECISION ON THE REMANDED PETITION OF ESSEX HOUSE ASSOCIATED INC. FOR A VARIANCE AT 289-293 ESSEX STREET, SALEM PAGE TIQO and not the district generally; 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner; 3. The relief requested can be granted without substantial detriment to the public good or without nullifying or substantially derogating frau the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted, 4-1 (Mr. Nutting opposed) to grant grant the relief requested in the remanded petition, subject to the following conditions: 1. that the mode of vehicular access be approved by the City Planner. 2. that thirty-one (31) parking spaces be maintained on site. 3. that the number of affordable living units remain in conformity with the terms of the applicable Community Development Action Grant. 4. that a Certificate of Occupancy be obtained prior to occupancy. 5. that automatic smoke detectors be installed throughout the newly constructed building. 6. that proper numbering be obtained frau the City Assessor's Office. 7. that all the applicable requirements of the 'Salem Fire Department;' relative to fire safety, be adhered to. 8. that all construction be done as per the plans submitted to the Board of Appeals. 9. that the petitioners cooperate with the City on the improvement of off-street parking facilities in the area, including the potential tiering of the Sewall Street Lot. 10. that the petitioners dismiss its lawsuit filed as a result of the Boards original Decision, in a form approved by the City Solicitor. VARL42 C.'E GRANTED G,Xames M. leming, Esq. � Chairman, Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK FPH(L R'7 1.11S 1 �.!: 1::`LI. 5E .p[ P 'FS'.' 'T TO S CT'',i" 17 G' T". '.CN4L (';. i,�',:' ll G;TE: Tu: GE; OF Pi)_I;h p0 .rr November 24, 1992 Kenneth E. Lindauer, Esq. Finbury, Sullivan & Lindauer, P.C. 14 Lynde St. Salem, MA 01970 RE: The Essex House (B-5) Dear Mr. Lindauer: Please be advised that the City of Salem Zoning Ordinance allows for a mixed use of residential and commercial in the B-5 district as long as the commercial use requested is an allowed use in said district. All necessary permits are to be obtained, including, but not limited to building and all requirements of the City of Salem Fire Prevention Bureau are to be met. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Fire Prevention I- CITY OF SALEM • MASSACHUSETTS €ir=u Li Y KEVIN T.DALV Legal Department 0ITY 0FLe6Nd, FEw+i`l40 City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem,Massachusetts 01970 508-921.1990 November 2 , 1992 I Kenneth E. Lindauer, Esquire Finbury, Sullivan & Lindauer, P.C. 14 Lynde Street Salem, MA 01970 I RE: The Essex House , Dear Attorney Lindauer: Presently the Salem Building Inspector's Office is denying the request for building permits to the owners of the so-called Essex House apartments. The reasons for such denial are stated in a letter of January 6, 1987 from the City Fire Marshall to the City Planning Board. A copy of this letter is attached hereto for reference. This letter cites the lack of compliance with General Laws Chapter 148, Section 26G. Thank you for your attention to this matter. Very truly yours, Kevin T. Daly, City Solicitor KTD/amt enclosure / pc: Leo E. Tremblay, Building Inspector" cosbigc2 : 1 of L1Q^J '�4lF,fj �1�0 PU�1r/�ToFP 1, January 6, 1987 City of Salem Planning Board One Salem Green Salem, Ma 01970 Dear Sir: The Salem Fire Department has reviewed the plans for the Essex House Condominiums offers the following comments: 1. In the plan review prior to the issuance of a building permit, it. was noted that this building was to be used entirely for residential purposes. In view of this, the building was ,not required to be completely sprinkled; a requirement of Massachusetts General Laws, Chapter 118, Section 26G for those buildings greater than 7,500 gross square feet not used wholly for residential purposes. Should this building become a mixed use occupancy, the provisions of Section 26G, MGL shall apply. Signed, i fl� Robert W. Turner Fire Marshal cc: File it r CHARREWE $3254 Tit MATGH M41CH JlL o uo L O N, L � z d r 113' 3'ia11 O 9'-I e _ !E-04- OD -4 w - IQ u1 lr, _ N w 9 O D { � y o y m y12 rr C rn m N m ;� w zrn chy Coll, m n1 N THE E55EX HOL16S-- � _ Childs Bertman Tseckares& Casendino Inc. p AlcNecwie p Landscam A,cMleclule and Land Planning U,ban Design and Neighbolh000 Planning Jay VATS, o-.� n.�- Q ,1 Space Planning and Inleno,Oesgn .VA moi, 5ep-rem ew- 8, k988 Job No-656 6,05 3060anmoulh Sheel.Boston Mass 02116.Tel 617.2624354 ' C ©ULKUTE STREET PERMIT N2 1 Of rt of Iottertar of 'duilaingn fbONF,VIr CityHall, / 19 Permission i's hereby given to ��m-� Z90 </ n,11� to occupy for � purposes. in front of estate uF Wd. of side t) , 1we of r a `Chis permit is limited to l 19 �, sub' c to the provisions of the ordinances and statutes in relation t Streets and the Inspection nd Construc ion of Buildings i i of So ",.love Director of Public Services Inspector of Buildings Signattre of Applicant OL 4 PC24 3C 421.45 ' BUILDING DEPT rEQ Z7 1 13 PM '69 R�cElaEo CITY OF SALEM,MASS, (CLUI MWnfUPE11t4 of 4ffass=4usetts DEPARTMENT OF PUBLIC SAFETY ELEVATOR DIVISION ONE ASHBURTON PLACE, BOSTON 04108 CERTIFICATE FOR USE OF ELEVATOR Chapter 143, General Laws, as amended. Capacity .3e Ce3 pounds Speed✓`-�<''Feet Per Min. Date issued.. / Ze c/ Inspector ✓ C ief of�CYlonS Expires 1 year from above date S 3 (J 0 In Case of Accident Notify the Chief oflnspections at Once Childs Bertman Tseckares &Casendino Inc. 306Dartmou(b Street,Boston,MA 02116-2201 Telephone 617-262-4354 Facsimile 617-236-0378 Architecture Urban Design and Landscape Architecture Space Planning and Interior Architecture n O November 15, 1988 , In M r.. co cM^a am w z Salem Bldg. Dept. m r 1 Salem Green - a UP Salem, MA01970 n N Attn: Bill Monroe WT RE: THE ESSEX HOUSE/CBT #86222. 00 289-293 Essex Street Salem, MA Dear Sirs : As project representative for CBT, Inc, I have observed the construction of the above project on a weekly basis . Unit Nos . 102-103, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211 , 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 , 312, 401, 402, 403, 404, 405, 406, 407, 501 , 502, 503, 504, 505, 506, 507, 508, 509 have been built in accordance with the plans and specifications as issued by CBT, Inc. SSiiOn-cceerely, �"v Edward F. Stokes cc: A. Casendino E. Finbury F. DeIulis 7482C Maurice F Childs Frank)Crryne Dennis W Kloko Stan Fink Arto V Kurklian RicbardJ.Bertrnan J.Nathaniel Hailey BlairC Carle Douglas J.Fisher Robert F Michel CbarlesN neckares James H.McBain Steven G,Cecil Mark C Flannery David B.O'Connor AntbonyB Casendino Janis L.Mones PeterM Cook Timothy J.Heywood Edward F.Stokes Robert A.Brown Peter H.Smith John L.Cretenes CbristopberA.Hill M.Cecilia Wan Cbristos Cotos Anuel Vasssilovski Margaret Deulscb Thomas M.Rotating Alfred Wolcicchowski O G DEIULIS BROTHERS CONSTRUCTION CO. , INC . 31 COLLINS ST.TERRACE•LYNN,MA 01902• (617)595-B677 November 18, 1988 )I m Salem Building Department cac'D co One Salem GreenD r, Salem, MA. 01970Al Attention: Bill Munroe, Building Inspector 00 43* Re: The Essex House 289-293 Essex St. Salem, MA. Gentlemen: Please be advised that the roughing work on referenced project has been constructed in accordance with contract documents, and to the best of our knowledge, all work complies with the Mass Building Code. This statement applies to the following units: 103, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 501, 502, 503, 504, 505, 506 507, 508, 509. Very truly yours, DeIULIS BROTHERS CONSTRUCTION CO. , INC. Frank DeIulis FD/ph cc: Elaine Finbury !/ _ /vsPrc;_� t 101 90 103 102 P--,, 989 P 866 FIRST FLOOR 210 212 213 P 80 211° ✓�` �,6 9-# 8'76 vP 77 —F202 s P 8681-j6 r 209 208 207 206 205 204 203 ' P# 874 , P4 873 0 87.2 ✓ PtL 87 1 ✓ P� 87o✓ PO 86 9v P� 89SECOND FLOOR 74 ji - 301 310 311 312 P 89s P gsb PO 887 P 888 ✓ % _ E3040 2 Pr3099/6 308 307 y,6 306 305 304 303 e P S8 J4 P 883v Pf sB ,� P 88/ gli88o P� 879 THIRD FLOOR t402 01 405 406 40797 899 P# 907P 89H 898 404 403 P,0 893 f# 99z FOURTH FLOOR 501 509 P-t4 903 Pb 9o(0 508 507 506 505 504 503 502 P4 90$ PA goy P� 903 P-4 9oz Pm 9o► 1p-d goo P# 909 FIFTH FLOOR VSs�X ,yo vs� 3 4 5 6 7 8 9101112 1314 5rco/712 L 3 31 s + j++d2lk 918 1716 BASEMENT 19 2103 �1 .316 14 RAW. 4-OZ/1 Pll-lst6FIRST FLOOR Ia"„ - pv 6ar4 0 01 Bard 0 0 180" 00 1 BATH p ® 2 01 12 10 211 212 213 P 6190 089-6 lto*l 876 A� 977 P6�878 a"T" O• 202 IWOOa 00 00 00 00 00 /'#868 lt�N !BArPs l QATH l BAr► I BA7}I 1 4ATti O, 209 208 207 206 205 204 203 Al'87Y P973 P"87,2 P* 97/ PO 970 P#869 P99i SECOND FLOOR I OATt ® 2 6.4 77-A D z Poo-rw ® 301 =. ® o ®P147U P 8 9s P�'886 887 888 "-A O 302 1 BATH t9ll (srj� 0 1 eATI) 0 )BATA O ) BArm O lBAzd p P,t'896 /RAris 309 308 307 © 306® 305 ® 304 © 303 8ss P�aB� x883 P-4f882 P#881 880 P� 879 THIRD FLOOR 1 aArA C) 1 OATO 2 t3iqrI4 O z OK7-w 0 401 405 0 406 ® 407 ® P 897 Ali 89-11 P 89 402 # a7 D 402 • I AATN ® EN6 Pa 89,9 404 ® r OA�N 403 0 P 906 soso S say tns P* 892 _ FOURTH FLOOR s� agnt i oaw( 0 501 509 ® pfq/# 908 P10- 06 o ($no O 508 5070 506 5050 504 0 503 502 Pd 9os ""904. e 903 P� 90z )oW 9o7 Pj� 9oo P* 90 9 FIFTH FLOOR c Pet T O Re u G.H Itis r. o POVA1. IN.rA Citp of 6atem, 'ffla'q!6arbU5ettq Pubic Property Mepartment J6uitbing Mepartment One sba[em green (976) 745-9595 (ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 4 , 1998 Rufus Choate 14 Lynde Street Salem, Mass . 01970 RE : 289 Essex Street Dear Mr . Choate: This office received a complaint at 289 Essex Street concerning the rubber nosing on the stairs in the main stairwell located at the front of the building. An inspection was conducted and I found that several of the rubber nosing have been broken and are creating a safety hazard. Please see that the necessary repairs are ma4e immediately . Failure to do so could result in legal action being taken against you. Please call when repairs have been taken care of . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Trembla y Inspector of Buildings LET: scm cc : Councillor Lovely, Ward 3 �.'.COX MCtv of ttl�ni, �Hasgar4us.etts Public Propertg Pepttrttnettt s 'Jptp�HINE�Y't~ tliluillittq �iepttrtntent Mnr nlenc (tirren 7.15-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. March 3, 1988 Mr. Frank DeIulis DeIulis Bros. Construction Co. , Inc. 31 Collins Street Terrace Lynn, MA. 01902 RE: Construction Hours,. 289-293 Essex-`St' j Dear Frank, This will acknowledge receipt of your letter of February 29, 1988 with regards to work hours. It is my practice not to issued Special Permits for any project due to the problems this creates between this office and the Developers within the city. The Police are aware of this, which makes their en- forcement standard and therefore easier when they receive complaints. This is also a condition, by the Planning Board on every approved project . Sincerely w William H. Munroe Inspector of Buildings WHM/eaf DEIULIS BROTHERS G CONSTRUCTION CO. , INC . 31 COLLINS ST.TERRACE LYNN,MA 01902 (617)595.19677 February 29, 1988 Mr. William Munroe, Building Inspector w City of Salem n Gill One Salem Green Salem, MA. 01970 Re: 289-293 Essex Street ` _ Salem, MA. ccs Dear Mr. Munroe, We are in receipt of a copy of a City Ordinance - Chapter 16'2, with reference to construction and blasting. We respectfully request that we be allowed to start work at the above referenced project at 7:30 A.M. , which is the normal starting time for construction trades. Thank you for your consideration in this matter. Very truly yours, DeIULIS BROTHERS CONSTRUCTION CO. , INC. Frank DeIulis FD/ph cc: Elaine Finbury 1 i WILLIAM MUNROE _ BUILDING INSPECTOR MEMORANDUM IN SUPPORT OF ELAINE B. FINBURY TO GRANT VARIANCES FOR THE CONSTRUCTION OF THE ESSEX HOUSE (A RESIDENCE INCLUDING 41 APARTMENT UNITS) AT THE SITE OF THE SALEM THEATRE 289-293 ESSEX STREET, SALEM, MASSACHUSETTS Submitted to the City of Salem Board of Appeals April 16, 1986 ra � < CD M_ na M ;o sa s-i 6B Ui [9 i I uw hCN nETX E.Oi D�ICR,PC. .[gUUS CwO.iL.p,l6L ry vw p[]!9L[[ 5. [u, •tp I INTRODUCTION Elaine B. Finbury, hereinafter referred to as the Applicant, has submitted an application to the City of Salem Board of Appeals for variances regarding her proposed use of the existing Salem Theatre site. Specifically, the Applicant intends to demolish the existing theatre and replace it with an apartment house (The Essex House) consisting of 41 apartment units. The variances applied for concern set back require- ments, density requirements and parking requirements. All of these items will be addressed in this Memorandum and in the presentation made this evening. Due to the nature of the financing of this proposed apart- ment house, twenty percent (208) of the apartments will be rented to Salem residents with moderate income. The balance of the apartments will be "market rate" apartments. • I Y i I LIw O.N[ES KENNETH E.ONO/.UER.PE. .NE uUEva C....IS NU i♦LYNOE STREET Sn N,uK Off.TO Ei tIT K. 3.. -2- t HISTORY OF THE BUILDING The Salem Theatre was originally built during the years of 1951 and 1952 by E.M. Loew' s Theatres Corporation. The building was operated as a movie theatre by E.M. Loews until 1982, when it was sold to Salem Theatre Associates, the current owner. The Applicant is a partner in Salem Theatre Associates. Elaine B. Finbury and Salem Theatre Associates originally, met with Mr. Loew and representatives of his company in 1981 in connection. with the sale of the building. In connection with the proposed sale, the Applicant attempted to obtain Federal funds through the UDAG program to renovate the theatre and con- vert it to a triplex and a restaurant. Despite support from the City, the UDAG proposal was not recommended for funding. In 1982, Salem Theatre Associates went ahead with the purchase of the building, paid the City approximately $40,000 in back taxes which were owed on the property and invested an additional $100,000 in renovations to the theatre. The renovated theatre included a new stereo sound system, a new screen, repaired projection system and seats, new lighting system, new electrical system (in parts) , repaired heating and air conditioning systems, new painting, new concession stand and a completely rewired and rebulbed marquee. The renovated theatre became somewhat successful at the start. An attempt was made to bring in quality family films and the operation went well . lew Oe.¢Es KENNETH E.LINOAUEN.PG. SME nVeV9 CKOe♦E Klub[ E YNO •+9E6i beEH,uA oI.+O enlw a.el -3- Shortly after reopening , the City of Salem issued a license to' Sack Theatres , which opened a three-theatre complex and video arcade room at the East India Mall . Faced with this competition for a limited amount of people and faced with the competition with Sack for quality films, the renovated Salem Theatre started to operate at a loss. In order to stop the financial loss and save the Theatre, Salem Theatre Associates applied for a video arcade license. It was believed by the applicants that an arcade would generate sufficient income to allow the operation of the Theatre to continue. At a well-publicized and well-populated licensing meeting, the City of Salem Licensing Board denied the request for a video arcade at the •theatre site. Objections from the neigh- borhood stemmed from a fear of "youths" to the realization that the character of the neighborhood was changing to a residential area. As a result of the denial of this license request and as a result of the dwindling market, the Salem Theatre closed its doors in September, 1983. For the record, Flashdance was the last movie at the Theatre and approximately 8 patrons showed up for this last performance. In an attempt to still save the Theatre, the owners attempted to use the building as a live concert hall. More renovations were made , including a new stage and new electrical service . I I -4- i Highlights of the concert program included concerts by Judy Collins, Bonnie Raitt, Pat Metheny, The Animals, George Winston, B B King, and comedy performances by Henny Youngman and Larry Glick . Due to the economics of the live concert business, almost all of the above shows together with the dozens of others ended up operating at a loss. By the fall of 1984 , the Theatre was once again closed. This time it was for good. The fate of the Salem Threatre was typical of a nationwide problem. In the past two years alone, the Strand Theatre in Ipswich, the Exeter Theatre in Boston and the Surf Theatre in Swampscott, have also shut down forever. In December of 1984, the Applicant obtained an option to buy the Theatre from Salem Theatre Associates. Potential uses that were explored, but later rejected, included a night club, a church, bingo hall, flea market and so on. In February, 1985 , the Applicant began her search for a way to finance an apartment house on the site. An application was filed with the Massachusetts Housing Finance Agency to construct a 52-unit building with 2 levels of parking. The project was designated as one of 11 in a state- wide subsidy program to assist in furnishing housing for low to i moderate income residents (SHARP Subsidy) . t i i KENNETH E.[INUAUER.YC. —5— H[HufUS CHO,IE NOUS[ la[rxoe Sv[n ' I en/.,nfee The site and project had been selected by the State as having the potential to significantly contribute to the economic development and revitalization of downtown Salem. In September of 1985 , the Massachusetts Housing Finance Agency (MHFA) approved the loan for the project with the proviso that a UDAG grant be also applied for and received in order to fund the second level of parking. Despite twice being approved as a UDAG project, the federal government did not allocate enough money to the UDAG program to fund this project. A scaled down version of the project was then designed. This is the project before the Board of Appeals today. It calls for 41 apartment units and 30 parking spaces in one level of parking. In addition, the Applicant has received assurances from the Salem Parking Commission that sufficient spaces are available in the nearby municipal parking lots to handle any additional vehicles. The Theatre has been vacant and boarded up since 1984 and is an eyesore to downtown Salem. The use of the site as a theatre is impractical. In an editorial in The Salem Evening News in the fall of 1984, Jim Stommen, Editor, had the following to say: . .The point to be made is that the Salem Theatre, while the site of many memorable visits by many residents of the City, is neither a landmark nor a commercially viable structure in its present form. The moviegoing l.v OIq[Es MENVETN E 11N-'VIR.PC. SME YVFUE ENO.,tE H.0 S + v+oE STREET j - sT/l.+ se sl -6- market has dictated the necessity to turn to another usage for the site. We fully understand "and share" the sentiment involved in wishing that such theatres could continue to exist. There ' s nothing wrong with sentimentality, but at some point, reality comes to the fore. In this case reality says that putting up housing on the site is more useful than wishing a traditional move theatre could continue to operate there. " LAW O)EICEE KENNETH E.UN"AUEX.PC. rE nL)V.CKOnT(wOVS( S ei)!)�•f•• O —7— THE PETITION Specifically, the petition calls for variances on three issues. The first concerns the set back requirement in that a small portion of the proposed structure will be within the set back requirement of the Salem Zoning By-Law. The building, for the most part, is within the requirements as set forth in the By-law; however, due to the design, there is a slight encroach- ment. Anthony Casendino, the Architect for the project, is here to address the issue with you tonight. The second issue concerns density. The site has an area of 13,240 square feet, more or less. Under existing law, this would allow for 26 designated resndential units rather than the 41 requested. As you can see from the project breakdown, the proposal before you includes the following : 4 efficiency Units 26 One Bedroom 11 Two Bedroom Due to the economics of the construction trade, it is not feasible to limit construction as required by the By-law and still be able to furnish housing as projected. As stated above, 10 of the above apartments will be used to house Salem h residents of low to moderate means and the balance to house market rate tenants. This attempt to furnish rental housing to i I(E NN EiN E.LIN DIVED.IC. 'ME PUFUS CMOATE wOV6E G�E Mio Mi.OEiG IO -8— Salem residents at a time when there is a housing shortage and at a time when condominium conversion continues unabated, is absolutely necessary. It is also the best use of a site that has been underutilized for years. The third issue concerns parking. As is plainly evident, parking in downtown Salem is a problem that concerns all people who both work and live in Salem. It is a city-wide concern that must be addressed whenever new construction commences within the City. The Applicant has refrained from applying for this variance for at least six months due to her many efforts in trying to comply with the existing By-law. The original plans for the project included two levels of parking. Addi- tional proposals included the purchase or lease of the adjacent municipal lot to construct additional parking spaces. Due mainly to the harsh realities of the marketplace and the lack of funds in the federal budget to assist the City, it became economically unfeasible to construct the necessary parking spaces on site. The current By-law requires 1.5 spaces per residential unit. With 41 apartments, the project needs 62 spaces. Thirty (30) spaces will be provided in the building itself. In addition, the Applicant has made a formal request to the City Parking Commission regarding the purchase of 32 stickers for use in one of the many, City off-street parking facilities. while the Parking Commission cannot designate 32 spaces - uw orncu NENNETN E.LINDAUEN.PC. THE HUEUS CHOATE MOUSE 1.LVMOE ST...T SALEM. •51.70 9 in any lot, they have advised the Applicant that the stickers are available for her use. This purchase, while not a technical compliance with the By-law, would enable the project to comply with the spirit of the By-law. It should be noted that in close proximity to the site, the City of Salem maintains three public lots (Riley Plaza, YMCA and Crombie Street/Essex Street lots) . In addition, the East India Mall garage is only 3 blocks away. None of these lots are fully utilized at night, when it is presumed that the tenants of the building would be home. In addition, since the housing will be in downtown Salem, there is a strong likelihood that not all of the tenants will own motor vehicles. In any case, the economics of the project make it impossible to locate more parking spaces on the site. I I i, I L..DE E�EE KENNETH E.LINDiEUEX,PC. TIE XVIUS CKO.>E HOUSE 14 IKXOE STREET -10 I CONCLUSION The 'Applicant urges the Board of Appeals to approve the Petition for Variance as presented. The proposed use of the site is in conformance with the uses designated in a B-5 a district. A literal enforcement of the provisions of the Zoning By-law would involve substantial hardship to the Applicant and the desired relief would not be detrimental to the public good. Housing is needed in downtown Salem and this project would provide 41 rental apartments to the downtown area. This automatically means 41 more families to conduct their business in downtown, 41 more families to be downtown and 41 more families that will assist in the revitalization of downton. The project is designated as a rental project and 10 of the apartments will be set aside for Salem residents of low and moderate means. Surely, this will be good for ' Salem. The financial realities of the building trade require that this project go ahead with 41 apartments. The original proposal of 52 apartments has already been scaled down but, at this point, the economics dictate a project of this size. Due to the shape of the site, the building will be as you see on the site plan and that necessitates the number of apartments as projected. E The parking problem is a city-wide problem. It is a problem which exists in all cities, whether the city be the LAW OFFICES KENNETH E.LINOAUEq•PC. FriE RUFUS CHOATE KOUSE I.Ll..0.)REST S I.LE M.uA OIS)O l l size of New York or Salem. It is a problem which must be addressed by the City, as a whole, and - the burden of -alleviat- ing the problem should not fall on the shoulders of one developer. The Applicant has worked with the City, the State e and the Federal government in an attempt to meet this problem head on. Unfortunately, the only help available was the use of municipal spaces nearby. This is a realistic approach to meet- ing the spirit of the By-laws and, as an added side benefit, will make better use of existing municipal parking lots. In conclusion, the Applicant urgently requests that this Board grant this variance as requested. ELAINE B. FINBURY By her Attorney, &� /Qat' K NNETH E. LINDAUER The Rufus Choate House 14 Lynde Street Salem, Massachusetts 01970 Tel : (617) 744-5861 LAW OFFICES KENNETH E.LINOAUER.PC. I.0`L1.S C..."M.LSC IA Lvu OE STREET S A."I......o -12- ofttlem, Cftts�tttljusetts Paura of DECISION ON THE PETITION OF ELAINE FINBURY FOR UKANCES FOR 289-293 ESSEX ST. AFR 1.9 3 00 ig P�f t A hearing on this petition was held AprAL 1986 wfollowing Board Members present: James Hacker, Chairman; , ssrs. , Bencal, Charnas, Luzinski and Strout. Notice of the hearing was sent BJyoutters and others anc notices of the hearin_ were properly published in the Salem Evening.%N� in accordance with Massachusetts General Laws Chapter. 40A. Petitioner requests Variances from density and parking requirements in order to convert this property into forty one (41 ) dwelling units. The property is owned by Sale^n Theatre Corp. and is located in a B-5 district. The Variance which has 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 and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to petitioner; and 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 purpose of the Ordinance. The Board of Appeal, after hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . The neighbors who appeared at the hearing were, with little exception, in favor of the proposal; _ 2. Petitioner has made a valiant, good faith effort to operate the premises as a theater, but has been unsuccessful; 3. The property, a large theater, is unique to the district; 4. The only financially viable use of the subject premises, particularly given the overall problems of the existant small business in the area, is as a multi-residence building; 5. Such a use would promote the best interests of the City, which includes having a liveable downtown area with increased residential density. l On the basis of the above findings of fact, and on the evidence presented at the J hearing, the Board of Appeal concludes as follows: i N `~ Cit#g .of �alem, Ano'putQ6�� 's5 @� Fire Depari hent PraLyuarters ftECEI`d',rD ROBERT J. CROWLEY 48 Pfttgeffe 5freef CITY OF SALEI.I, MASS. achief gttletn, At- 131970 Name Mr. Kenneth Lindauer Re: X2933—Essex Street Address 14 Lynde Street Salem Theatre City/Town Salem, MA 01970 Oat -April 3;1985 As the result of an inspection ofPOW mesis, structure, open land area, or vehicle owned, occupied, 0r under your control , the fol- lowing recommendations are serve as a notice of a violation of the laws, ordinances, r s pertaining to the prevention of fire and the protection fe and property. This property has been plagued by vandalism for the last several months, and the building must secured in order to prevent fire via vandalism. You are hereby ordered to board-up the entrance of the listed building within two weeks of this notice. This boarding must be flush with the front of the building. If you are unable to comply with this order within the allotted time, please contact this office. Reinspection date will be April 17, 1985. cc: Building Inspector Salem Police Signed, );�", Norman P. LaPointe, Fire Inspector Salem Fire Prevention Bureau Form #25A (10/84) 1 �q &tg of tt1em, �ssarhusrtts 4�ctyrtrt.t><•�� Fire ROBERT J. eROWLEY 48 C"?:ag fu cf ' 1T' ` 4 W, i I4 .`7 rY. March 12, 1984 Salem Theater Inc. 293 Essex Street Re: 293 Essex Street Salem, Mass. 01970 Salem Theater e. 4 Sirs: As a result of complaints received by this office, it has been determined that during the recent presentation of Judy Collins, at the theater, the following conditions may have created a violation of law and presented a condition likely -to cause panic. 1. It was reported that you placed two folding chairs in the side aisles at the end of the regular rows of seating, thus preventing the use of said aisles for egress as intended. 2. It was reported that you placed one folding chair in the center aisle at the end of the regular rows of seating; also limiting the use of said aisle for egress as intended. I 3. It was reported that the front egress doors near the stage were bolted, which is in violation of egress laws of the Commonwealth Of Massachusetts. 4. It was reported that the egress doors adjacent to the stage area were severly blocked on the outside by rubbish located in the path of egress. You are hereby notified that the above conditions are in violation of your Use and Occupancy permit and the General Laws of the Commonwealth of Massachusetts. Failure on your part to comply with recognized practices of life saftoy, shall be reason to order removal of your license and/or a requirement to provide a paid fire detail at all presentations to control said conditions. Per Order: cc: Salem Building InspectorCap David J. Go in�%� Salem Police Department Salem Fire Marshalg Salem Licensing Board file 2 G3 yf I e "`O"°'` (1jtV of �Sajej1I, C4)Hi aEjsar4jj5Ptf$ qp Public Properfg Deprtment s JRro Hn+c�`'tr iii It)inq epartment Q)tir iiWeni (Fireezi 7.45-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. August 3 , 1987 Essex House Assoc . , Inc . 14 Lynde Street Salem,MA 01970 RE : .:--Buil-dir Permit Applications, Qfor 289 Essex Street'- Please be treet'Pleasebe advised that your building permits must be denied at this time for the following reasons . Building plans' submitted do''=ii-ot` compIY74'th Article 302 . 1 and Art icle" 362 of "the-1`Lass—State—B-imd-i7ng—Zod-e -- - -------- . However we can issue said permits , that states if you comply with Article 302 . 1 and 302 . 2 of the Mass . State Building Code on the permits . Respectfully , James D Santo Assistant Building Inspector JDS%eaf r 4 i 1 i ryy.10N�1 ALL to of Sttic.rit, �Na5 tc4u!adts i Iluhlic 13rupertU Peparftnent $ �Nuilil'ntg peparfntent (011C '�izdr 1 t13rCftl 7.15-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. August 5, 1987 Commonwealth of Massachusetts Executive Office of Public Safety STATE BUIlDID7G CODE APPEALS BOARD McCormack State Office Building One Ashburton Place - Room 1301 Boston, Ma. 02108 Re: Essex House Associates, Inc. Vs: City of Salm - Building Inspector Gentlemlen:_ I am writing to you in connection with the Appeal filed by Essex House Associates, Inc. regarding a decision made by this office concerning interpretation of Section 302.1 of the State Building Code. I request that this hearing be scheduled as soon as posible before the Board and that the Board waive its requirement of the 10-day notice for said hearing. Thank you very much for your cooperation in this matter. Very truly yours, James D. Santo Assistant Building Inspector JDS/lyd CC: Kenneth E. Lindauer, Esquire STATE BUILDING CODE APPEALS'BOARD FOR STATE USE McCormack Scat=_ Office Buiidin g One Ashburton Placa - Rcom`�L13iO�.' Fee Received: U _ Boston, Massachusetts 02108 (617) 727-11200 By: APPEAL APPLICATION FORM Date: Docket N=mce^ - Date: August 3, 1987 The undersigned hereby appeals to the State Board of Building Regulations and Standards , frcm the decision of the 1kchecc appropriate boxes) : Building 0.=4_tial from the City/Mm= of: Salem Board of Appeals from the City/Town of: Other Municipal Agency/Official entitled: State Agency/Official entitled: Other: Dated: August 3, 19, 87 , having been aggrieved by such (check appropriate boxes) X Interpretation _Order _ .Requirement Direction Failure to Act Other - Explain Interpretation of Section 302 of the State Building Code fourth edition. Subject: (submit a brief statement of reasons and principal points upon which the application, appeal or petition is based) ALL APPROPRIATE SECTIONS OF THE CODE MUST BE LISTED The Building Department maintains that a type 2A building within a fire district must comply with Table 302. State Briefly Desired Relief: Section 302. 1 seems to not require this in that it notes compliance with Table 214 only (not Table 302) . APPELLANT: Essex House Associates, Inc. ADDRESS FOR SERVICE: 14 Lynde Street Salem, MA 01970 Tel . No. : (617) 744-0311 ADDRESS OF PROPERTY INVOLVED: 289 Essex Street, Salem, MA 01970 APPELLANT'S CONNECTION TO PROPERTY INVOLVED: Owner Sika11-IC�3`�' ..- CUvii ON VVEkL'iH Ul• iv1A6SACHUSEi l'S _. FSShC, SS. Salem, August 4, 1987 I this nay served the within Appeal Application upon James D. Santo, Assistant Building Inspector for the City of Salem by giving him IN HAND a true and attested copy hereof. p Constable LAW OFFICES FINBURY, SULLIVAN & LINDAUER THE RUFUS CHOATE HOUSE � J 14 LYNDE STREET v I1 SALEM. MASSACHUSETTS 01 970 GI,IJ,�I�(r rD (617) 744-5861 " L'!I�+ 1,i4' ' CITY Cr 5Cil.LI1,aS. HERBERT W. FINBURY (617) 373-3576 HAVERHILL OFFICE JOHN C. SULLIVAN 55 GINTY BOULEVARD KENNETH E. LINDAUER HAVERHILL. MASSACHUSETTS 01830 DANIEL C. FINBURY (617) 374-4736 August 4, 1987 Mr. James D. Santo Assistant Building Inspector City of Salem One Salem Green Salem, MA 01970 Re:. . Essex-House- Associates,—Inc: :Dear-Mr. Santo:, R Enclosed herewith for filing in connection with the above- captioned matter, please find original Service Notice and copy of Appeal Form, duly served upon you today. Very truly yours, NBURY, SULLIVA/NA & LINDAUER U� enneth E. Lindauer REL/cc Enclosures CERTIFIED MAIN RETURN RECEIPT REQUESTED STATE BUILDING CODE APPEALS BOARD prW(;'r"N FO McCormack State Office BuildingITY OF SALEii,'t-i: SS. One Ashburron Place - Room 1301 3oscon, Massachusetts 02108 (617) 727-3200 SERVICE NOTICE Dockec Number: Kenneth E. Lindauer as Attorney for the ADpellant/R&cdF]fX&Y.)t Essex House Associates, Inc. in an appeal filed with the S_ac=_ Bui_ding Code Aopeals Board on August 3 19 87 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN .ACCORDANCE WITH THE PROCEDURES ADOP77D BY THE STATE BOARD OF BUILDING REGUL' TONS AND STdVDARDS AND SECTION 121 .2.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED T.0 BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSONS IN THE FOLLOWING MANNER: NAME AND ADDRESS OF PERSON/ACENCY SERVED METHOD OF SERVICE DATE OF SERVICE James D. Santo Assistant u> ing inspector ('lt)7 of$clam One Salem Green, Salem, MA 01970 IN HAND by Constable August 4, 1987 S c9r�w� Attorney forig ( nacure) AP ELUANT/�6cTd �tidafac ON THE 4th DAY OF August 19 87 THE PERSONALLY APPEARED BEFORE ME THE ABOVE-NAMED (type/print name of appellant) AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. VRY P BLIC MY COMMISSION EXPIRES — 9 3 SBCAB-10-83-3 w LAW OFFICES FINBURY, SULLIVAN & D LINAUER P-.5301 868 483 - - LC,1^`1�w, I�U J.POSTAI[ ; rya THE RUFUS CHOATE HOUSE �J ,I1� 4i 14 LYNOE STREET - 1 4I .L 7 SALEM. MASSACHUSETTS 01970 1 Ie�n 1 V D Mr. Janes L . Santo Assistant Building'Inspector City of Salem One Salem Green Salem, MA 01970 III,III I IIII III III I I III II I I'll 11 R • T4 }. �� 7 r` ,� � f� -- - - - \ --�� � � - �� i LAW OFFICES FINBURY, SULLIVAN & LINDAUER THE RUFUS CHOATE HOUSE 14 LYNDE STREET SALEM, MASSACHUSETTS 01970 Mr. Jame D. Santo Assistant Building Inspeutor Ci;--y of Salem One :'aalem Green Salem, MA J -970 LAW OFFICES FINBURY, SULLIVAN & LINDAUER THE RUFUS CHOATE HOUSE 14 LYNDE STREET SALEM. MASSACHUSETTS 01970 (617)744-5861 HERBERT W. FINBURY (617) 3733576 HAVERHILL OFFICE JOHN C. SULLIVAN 55 GINTY BOULEVARD KENNETH E. LINDAUER HAVERHILL. MASSACHUSETTS 01630 DANIEL C. FINBURY (617) 374-4736 August 5, 1987 Mr. James D. Santo Assistant Building Inspector City of Salem One Salem Green Salem, MA 01970 Re:- Essex._ House- Associates, Inc. Dear Mr. Santo: As you are aware, I filed an Appeal with the State Board regarding your office' s decision concerning the Essex House. In order to expedite the hearing, the Board requires a waiver of the 10-day notice requirement. Therefore, I would request that, if you are willing to agree to this waiver of the 10-day notice, you have the enclosed letter typed on your stationery and forward it to the Board as soon as possible. If you have any questions regarding this, please call me. Very truly yours, I BURY, SULLIVArN�& LINDAUER V � enneth E. Lindauer REL/cc Enclosure �o>v�rq BOARD GE ASSESSORS ����_:�� .�� 99 WASHINGTON STREET. CITY HALL. SALEM. MASSACHUSETTS 01970 (617) 744-0660 ILI JUOR June 5, 1987 Mrs. Josephine R. Fusco City Clerk City of Salem Salem, MA 01970 Dear Mrs. Fusco: Please be advised that the proposed condominiums to be con— structed at the site of the Salem Theatre (Assessors' Parcel #26-0456) have been assigned the street address of 289 Essex Street. The mailing of each unit shall be 289 Essex Street followed by the unit number, i.e. 289 Essex Street Unit 203 Very jtruly yours, Peter M. Caron Chief Assessor PMC:mjg cc: Kenneth B. Cahill, Postmaster Chief Joseph F. Sullivan, Fire Department Margaret R. Hagerty, Principal Clerk, Water Dept. 1,,4illiam H. Munroe, Inspector of Buildings Engineering Dept. , City of Salem Elaine Finbury, 14 Lynde St. , Salem i s e CITY OF SALEM,,MASSACHUSETTS PLANNING DEPARTMENT • �,.connitt.4. GERARD KAVANAUGH ONE SALEM GREEN CITY PLANNER 01970 X w a , (617) 744-4680 'J J' May 14, 1987 William Munroe Director of Public Property One Salem Green Salem, MA 01970 Dear Bill: I am writing to you with regard to the proposed Essex House development at 289 Essex Street, and its relationship to the municipal parking lot located at the. corner of Essex and Crombie Streets. The Crombie Street parking lot is vital to the economic well-being of the retail establishments along the western end of Essex Street, and will be maintained as a parking facility for the forseeable future. In fact, the City has applied for Community Development Action Grant (CDAG) funds to rehabilitate this facility to better serve downtown parkers. There are currently no plans by the City or the SRA to develop this site in any manner, but only to maintain it as municipal parking. I will be happy to answer any questions which you may have regarding the future of the Crombie Street lot, and its relationship withAhe,Essex House project. Si ly, Gerar K van h City la n M24WP r, - r r� CD �-i r9 is •..:1J N C� A PLrs IOU 868YL513 9 q9 Six\� PL.PL r--- , IAAP�MV.N* ' i, The CITY OF SALSN, the Grantor heroin, hereby does give, grant and oonVey tote SRE ASSOCIATES, a Massachusetts Limited Partnership with a usual place of"buslness�at 14 Lynda Street, Sales, Samoa County, Massachusetts, its hairs, success- ora and assigns, for andinconsideration of the mus of ONE I DOLLAR (61.00), an easement to pass and repass over the land ! i identified as a twenty (20) root `Right of way, on a plan en- titled, 'Plan of Land in Salem, Maes. prepared for Essex Rouse. Associates, Scale 1' - 20', Data December 4, 1986, N T a M Engineering Associates, Inc., 83 Pine Street, Peabody, _ ti RA, reco[dod with the Samoa South District Registry of Deeds r herewith. _The asement�h rain granted ehal�l cumin rich the-land;and be .� -rte„ i ,,for-tbobenefit or Lot A (A-13,240, squarefeet. .moreor lua)F• O. i �odthe above=[sfennced Dlan.��' 6, rn Po[ authority, sse Vote of the City of Salem City Council dated July 17, 1986 and recorded herewith. a Witness its hand and meal this 11th day of Pec. , 1986. li APpy am to forms CITY OF SALEM Ey its Mayo[ !I ! II ILII es 1� ANTNONY V. 5�6 ;I City solicitor I'. l I; FINBURY,SULUVI B LINDAUER 66 GINTY BOULEVAI .I HAVERHILL,MASS.0 , 161713744738 14 LYNDE STREP ' SALEM,MASS.Ow 16171 7446881 I017I 373.3676 - Y i � eaa. 868Ji'S1'Q tg i � CnuyONWF.ALTH OF MASSACHUSETTS ' ESSEX, SS. Salem, Massachusetts December 11, 1986 ;I Then personally appeared the above named Anthony V. ISalvo, Mayor of the City of Salem, and acknowledged the foregoing to be his Free acan deed, before me, c ae E. D Brien - oe y Pu C :� ='Ny Commission Expires: July 17, 1992 A l I 1 I I �: fl i I ]i�aIF p2y�Mr�2 I i I I FlNBURY,SULLIVA! B UNDAUER 66 DINTY BOULEVARI _ HAVERHILL,MASS.016 (0171374-4736 f 11 LYNDE STREET i SALEM,MASS.O1SW 10171 7N-6861 ISi71373.3676 - II i II Cont. Bona r x THE COMMONWEALTH OF MASSACHUSETTS,U.S.A. t irITY OF SALEM 1/22/87 This is to certify that DeI as*Bros. Const. Co. 31"Collins St. , Tern, Lynn, Mass. is the holder of aDRAINLAYER " Dec nber 31, 11987 License expiring y ATTEST € . CITY CL RK _ . „ 76tAMERICAN FIREMAN'S EIAEMIiN',EpND INBUN.NCE CDMp.NY Bond No.TME AMERICAN INSURANCE COMVANYFUND N•TICIALSURETYNITYC ATION RPOR.SBOCIATED INDEMNITY CORRORATION AMERICAN AUTOMOBILE INSURANCE COMVANY INS RA NCE COAT PAN ES NOME OFFICE SAN FRANCISCO. CALIFORNIA STREET PERMIT BOND KNOW ALL MEN BY THESE PRESENTS, That we, VelaX.i.e Bnoe. Cone#A.uc.Li.on Co. , Inc. as Principal, and Fi4eman'e Fund Inaunance Company as Surety, are holden and stand firmly bound and obliged unto the City of Satem in the Commonwealth of Massachusetts; as obligee, in the full and just sum of Five Thousand and no/100 Dollars ($ 5,000.00 ) lawful money of the United States of America, well and truly to be paid and for the payment of which we jointly and severally bind ourselves, our heirs, executors, adminis- trators, successors and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above named Obligee has issued, or is about to issue, or may from time to time here- after issue to the said Principal a certain license or permit or certain licenses or permits for the use of streets and public ways of the said Obligee, NOW THEREFORE, if the said Principal shall faithfully observe and keep each and all of the agree- ments, stipulations, conditions, specifications and provisions by the said Principal to be kept and per- formed, contained in said licenses and/or permits issued to the said Principal and in each and every extension of same, according to the full extent and spirit of said licenses and/or permits and the ordinances of the said Obligee now relating, or that may relate thereto and shall indemnify and save harmless the said Obligee from all liabilities, loss and expense whatsoever which the said Obligee may incur and suffer arising out of the issuance of such licenses and/or permits and all extensions of the same, and shall make no default therein; then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, we hereunto set our hands and seals this 10 day of AugutI, Lg 81 , Velut" Brtoe. Conetkuctiohto. , Ine.r, • �a)� i - 9 6Ur Flank Veluti.e Principal Myeaietanxl TkJ#U&eA FiReman'a Fund InbwItance'�oinpanu J7J Attorney-in-Fact E&mtd F. Sennott 360573-6-71 LL EVLLL.`P�jfLL CityDesign Collaborative,Inc. Urban Design 334 Boylston Street Architecture i Boston,MA 02116 Landscape Architecture 617/536-1331 Planning Graphic Design C ``i LL,fLL City Design Collaborative,Inc. Architeban tu en 334Boylston Street Boston,MA 02116 Landscape Architecture 617/536-1331 Planning Graphic Design Marc W.Pelletier a _ _ f j i emex Camera S/WP CAMERAS - PROJECTORS and PHOTO SUPPLIES 286 Essex Street - Salem, Massachusetts 01970 TELEPHONE 7445835 April 10, 1986 James Hacker, Chairman Zoning Board of Appeals One Salem Green Salem, MA 01970 Dear Mr. Hacker and Board Members: I am writing this letter in support of a proposed project at 293 Essex Street, the site of the former Salem Theatre. The Developer, Elaine B. Finbury, is supplying one level of parking under the building which should take care of the residents' needs during daily business hours. I don't believe there will be any problem caused by this project and feel that it will make a significant con- tribution to our neighborhood. l 3Pter Zaharis DALY & DALY ATTORNEYS AT LAW ONE CHURCH STREET S NLEM. ]]&SS9CH12,SETTS 01970 16171 7450500 RICHARD E. DALY KEVIN T.DALY April 16 , 1986 Kenneth E. Lindauer, Esquire 14 Lynde Street Salem, MA 01970 Dear Mr. Lindauer: I am in receipt of your letter dated March 11, 1986 relative to the development at the site of the Salem Theatre. Ms. Finberry appeared at the last meeting of the Parking Department Board and set forth the plans relative to the development including the requirement of parking spaces in order to satisfy the requirements . At the time it was explained to her that she was at Liberty to go to the Parking Department office and secure the necessary cards in order to park in the East India Mall Garage. It was also explained at that time that no particular parking spaces would be designated, that her tenants would simply pull into the garage and take any space that is available. Therefore, you may present yourselves at the Parking Department Office and secure the necessary passes at the regular fees at any time during the business hours. If you have any further questions relative to this matter, please do not hesitate to inquire. Very truly yours , CHARD XALY RED/rl a C� Aire DeparimenI �IcaD9uarfrrs ROBERT J. CROWLEY 48 �Gafgcftc frref AfChlef $alem, 01970 June 7, 1985 William C. Burke, Jr. RE: 293 Essex Street Insurance AgencySalem Theatre 40 Broad Street Salem, MA 01970 Boston, MA 02109 _ �__ Sir, This communication is sent in order to update you as to the condition and fire hazard of the above listed property which is owned by the Salem Theatre Corp. I 've had many occasions, both oral and written , of trying to communicate with Attor%enneth Lindauer and recently with Elaine Finbury as to the problem that t exist at this property. For some reason they do not perceive the pre is evidence in the foyer and at the collector's booth of vandathese conditions and the complaints received by this office I have ordered s o it 3, 1985 to board up this building in order to mini- mize any incident o fire via vandalism. The Salem Theatre Corp. has not acted at all . I hereby request that your office inspect this property in question and make your recommendations in writing to the Salem Theatre Corp. and copy to the Salem Fire Prevention Bureau. erely, c +& Norman P. LaPointe o- s Fire Inspector y r- rra %i. RfA �ry G37 cc Attorney Kenneth Lindauer Building Inspector Munroe Police Chief Robert St.Pierre City Planner G. Kavanaugh Business Certificate ..0 Citp of batem, �Iam5acbmsett5 6 ' 0 n G7fN61A DATE FILED /CC' Type: 0- New Expiration Date ���%- �/�9� ❑ Renewal, no change Number 94-273 ❑ Renewal with chanee In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: A e u R A at 199 ESSEX ST. RP7-- 4-506 .54tIF t MA Cfp0 t3mn $6q� ) typeofbusiness E66e -rRon/iC NEALTHCRK6- UggTMS P&OCESS1N6 CENTae2 by the following named person(s): (Include corporate name and title if corporate officer) Full Name Residence /711W0tD A161-CdAP & eoR�eeA �87FSS6XsT'_ erT-* 5o(, SifLem, AilA P l970 Sienatures -- ----- - - ------ i ----------------------------------------------------- ----------------------------------------------------- on O1 9E C- 191—q--4he above named person(s) personally appeared before me and made an oath that the foregoing statement is true. ------------------------------------------------ - - ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # -7 - 8 - J 19 a' (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four (4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. 5r-o° i / I \SgE1EDAgC ---- v BOSTON* x MASS• OF MPSS rzMtE QtF�cnKaGvtS,ttu�� tvt,GZ I XI 5 BE UPLAN �� EQ v -- C, I ! SITE � O 3. in! [J ?19`f O1y7 S: - _. - :M>%Lg-RF:1 _. �P• ., ,. . �, �,r � /�, :'7.i:.•."s. Vii. 77, SDLI a3cpG. EKTEz , �' y PLTPfS PRF PPROV=O SOLELY FOR T IDENTIFICATION DO OF T` E AN O LOCATION OF F!RE'PROTECT`{ON OELM10ES• I i LL FITE PROTECTION TION.DEVICE FOR ARE PLErEC A FINAL TEST INSPECTION,FOR CO MPLETE Coy PLt' 66iprr. .,:I E COD H Tr:P!RE .'-pttllNG , I NO. pcl 06 Fo rrR APP'D. CITY OF SALEM Ex15T v✓s4��9 ` J J B ILDI TC DEPT. �� t Ew L���+LciTtOXS ( THESE DRAWINGS TO BE �7�D��T h I I KEPT AT BUILDING INSP CTO OF - McGRATH BU DI. ARCHITECT'S Inc. ✓� — - __- 1430 MmswhusMAw_ _ ! \ Cambfdge,Ma.02138 Vote (617)868-8999 (617)492-8646 I _ D. 2 41 -- __P KT t / !. EI_IZST__ LD'C2f- _PLP. ►_ Nom ! ( _ _�J N I T 3 5 l � i. The Commonwealth of Massachusetts Department of Public Safety �w.✓ \I.I.S.rahu*etln State Building Code(780 CMR)Seventh Ediuun City of Salem Building Permit Application for any Building other than a 1- or 2-Family Dwelling t This Section For Official Use Only) Budding Permit Slumber: Date Applied: Building Inspector: SECTION 1: LOCATION (Please indicate Block N and Lot 0 for locations for which a street address is not available) D No. and Street Cite /Town Zip Code Name of Building(if applicable) SECTION 2: PROPOSED WORK If New Construction check here❑or check all that apply in the two rows below Existing Building RepairW1 Alteration O 1 Addition ❑ I Demolition ❑ (Please fill out and submit Appendix 1) Change I Other ❑ Specify: Are bui lding plans and/or construction documents bring supplied as part of this permit application? Yes ❑ No ❑ Is an Independent Structural Engineerin ,Peer view required? y //'' �i �� �� // Y�j' ❑ No ❑ Brief Descripti)}/�In of Proposed Work � e [ /)d' 9,7 r-X IST-tbt.n Wf'h'ro L<, C C 4L k a }f� i v 4 6 lLj Y'� IF SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Evaluation is enclosed(See 780 CMR 3402.0) ❑ Existing Use Group(s): Proposed Use Group(s): P Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34: SECTION 4: BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq. ft.) -5— Q 5' Total Area(sq. ft.)and Total Height(ft.) 1 55mot- ' SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1 ❑ A-2r ❑ A-2nc❑ A-3 ❑ A4❑ A-5❑ - 1 B: Business ❑ E: Educational ❑ F: Facto F-1 ❑ F2❑ H: High Hazard H-1 ❑ H-2❑ H-3 ❑ H-4 ❑ H-5❑ l: Institutional 1-1 ❑ 1-2 ❑ 1-3 ❑ 14 ❑ M: Mercantile❑ R: Residential R-1❑ R-2 &r R-3❑ R-4❑ S: Storage S-1 ❑ S-20 Ui utility - Special Use❑and please describe below: - - - Special Use: SECTION 6:CONSTRUCTION TYPE (Check as applicable) IA ❑ 100 IIA ❑ 11B V, IIIA ❑ I1113 ❑ IV ❑ VA ❑ VB ❑ SECTION 7:SITE INFORMATION (refer to 780 CMR 111.0 for details on'. n each item) Water Supply: I Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal: ,\ trench will not be Licensed Dispo,fl Site❑ Public❑ Check Il oubide• Flo.�d L�mr❑ Indicate manta pal ❑ ra aired ❑or trench or,pC I'nvatc❑ „r indentik Zone or on�i to %item ❑ 1 Fcufc: — permit n enclosed ❑ _ Railroad right-of-way: Hazards to Air.Navigation: �I:\ I Ine ai. < ,•mn,n.....I 16..i.., ('twos \, t .\)•pliiaUly Cl L tits-Lmow t.ithnt I, thVir IV,tcw o oll'10ed' r ln n.rnt to I{utLi sendo.rd Cl ' }e•. ❑ nr No f] }'e•. 0 \o 0 SECTION 8: CONTENT OF CERTIFICA rE OF OCCLPANCY L.lttinn �-1 l "Jv _..__ L.c l.r�ntF,t.t'. rt pc,,t i, ,w,trucunn: tlentp.utt 10.1d peer I-Ln r ---- [)III, the bwl.hnt;c0mt.tin.tn Spnnklvr}t item': '�pvaal `tIpu Litton. AltJ � / hs • Or5 ?� Y. 1 ' - SECTION 9: PROPERTY OWNER AUTHORIZATION Not rand A,dyi�rrs;tN Pn+,)rty Owner p /� G Y3 ot� Y�5 SAX ac�ow�t; w�� I�GGt�nlr K 0..✓,nuX (e27 �t (r�y P Name(font) No.and Street Cih/Town Zip AI' .+prrty ) ner Contact Information: F �j(2 Ik �-� fi26'1� `� 9-�-.��— �D�tl'i �.-Q- Title Telephone No. (business) Telephone No. (cell) e--mad address if applicable, the pnpprrh owner hereby authorizes Name Street Address Citv/Town State Zip to act tun the pro pert owner's behalf, mall matters rulatice to work authorized by this building permit a > plication. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) (It buildin•is Items than 35,LMUcu.tt.of ends.- d s ace and/or not under Construction Contrul then check here O and kip Section 10.1) 10.1 Registered Professional Responsible for Construction Control Name(Re�istmnt) Te ph ne No. mail address O R gist ation I umber 3 7 `f rze���r� � ert�l // � Street Address City/Town S- tate Zip Discipline Expiration Date 10.2 General Contractor U(ih q Company Name: kt r of erson Resptmstbblr for Construction 44cense No. and Type if Applicable `1m2 z2fori( SYTree f , owed 114 reeeett V S Address City/To State Zip KI) -- Telephone No.(business) Telephone No.(cell) e-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.§ 2506)) A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents 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. Is a signed Affidavit submitted with this application? Yes❑ No ❑ SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs: (Labor and Materials) Total Construction Cost(from Item 6) =S 1. Building $ Building Permit Fee=Total Construction Cost x—(Insert here 2. Electrical S appropriate municipal factor)=S 3.Plumbing $ 4. Mechanical (HVAC) S Note: Minimum fee=$ (contact municipality) 5. Mechanical (Other) s Enclose check payable to 6. Total Cost s 6,000 (contact Municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below, I hereby attest under the pains and penalties of perjury that all of the information contained in this applicah, is ue a i a c pret yp the _tot my knowledge and understanding. ro�r print and ��gn n.pmrAl rifle relrphone No. Date }term (,Ity;'Tot,n St.tte Lip Municipal Inspector to fill out this section upon application approval: \',tme Dace AOd- 1