315 ESSEX STREET - BUILDING JACKET 315 Essex St.
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�ticonmr„o CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
m
120 WASHINGTON STREET. 3RD FLOOR
SALEM, MASSACHUSETTS 01970
P``�Mne WNT TELEPHONE: 978-745-9595
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
MEETING NOTICE
ZONING BOARD OF APPEALS
September 21, 2011 - 6:30 P.M.
City Hall Annex, 120 Washington Street Room 313 (3 a Floor) Salem, MA
A{.XN.e” (/Lur�)k TtK
Rebecca Curran, Chair
REVISED MEETING AGENDA
1. Approval of Minutes:July 20, 2011 meeting
2. Discussion and vote: 315-317 ESSEX ST — Clarification of intent of Special Permit and Variance issued March
17, 2011, per remand.
3. Continuation of public hearing: Petition of THE SALEM MISSION LLC D/B/A LIFEBRIDGE
requesting Variances from rear yard setback, height (feet), height (stories), tmum area per dwelling unit, and
parking, to add two stories to the existing building at 56 MARGIN ST, Sale MA, creating twenty-two (22)
units of residential housing (R-2). A QUORUM WILL NOT BE PRESENT FOR THIS ITEM, SO IT
WILL BE CONTINUED TO OCTOBER 19, 2011.
4. Public hearing: Petition of CHRISTOPHER J. LEBLANC requesting a Special Permit to extend a
nonconforming stricture by constructing a second story addition on the property located at 20
SOUTHWICI{ST (R-2).
5. Public hearing: Petition of THREE SONS WINDOW&DOOR INC. requesting a Variance from number
of stories and a Special Permit to extend a nonconforming structure in order to constrict a shed dormer on the
house located at 25-251/2BARR ST (R-2). APPLICANT REQUESTS TO CONTINUE TO OCTOBER
19, 2011.
6. Request for withdrawal without prejudice: petition of WILLIAM WHARFF, MANAGER, 11R WINTER
ISLAND ROAD requesting a Special Permit under Sec. 3.35 of the Salem Zoning Ordinance reconstruct a
nonconforming Single Family residential structure, and a Variance under Sec. 5.L5 to allow tandem parking,
for the property located at 11R WINTER ISLAND ROAD (R-J).
7. Old/New Business '
S. Adjournment !ii eIOtIC n s�.a
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v���ONDITq,9Qs\ CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINcroN SiREE1 ♦ SALEM,MAssncKusr r 01970
MINE 110'' TEES:978-745-9595 FAx:978-740-9846
KiMBF.RLRY DRiscou.
MAYOR
MEMORANDUM
TO: Zoning Board of Appeals Members
FROM: Danielle McKnight, Staff Planner
DATE: September 13, 2011
RE: Meeting Agenda —September 21, 2011
Board Members,
Please find the following in your packets:
1. Agenda
2. Planner's memo
3. Meeting minutes of 8/17/11
Discussion and vote: 315-317 ESSEX ST—Clarification of intent of Special Permit and Variance issued
March 17, 2011, per remand.
Robin Stein will be attending the meeting to discuss this item with us. In April 2008, the Board issued a
Special Permit for a change in nonconforming use to allow the first floor space, which formerly housed a
photography studio, to be used for professional offices. In April 2009, the Board issued a Special Permit
to allow the applicant to change the use from office space to three residential units (another
nonconforming use). The 2009 decision was appealed. The owner made a third application to the Board
in March 2010. Working with the appellant, who was represented by Attorney John Carr, the applicant
requested a Special Permit to change the use of the entire building (not just the first floor)from a lodging
house and office space to six residential units. The Board also issued a Variance to allow for the
construction of two dormers. Attorney Carr, representing the appellant, indicated that the appeal would
be dropped if the Board approved this plan. The Board did so, and the project is currently under
construction.
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However, the appeal was not dropped. Therefore, the court is now asking the Board to clarify its intent in
issuing its 2010 decision. If the intent was to nullify the 2009 decision by issuing the 2010 decision, then
the Board is asked to vote to formally vacate the 2009 decision.
Continuation of public hearing: Petition of THE SALEM MISSION LLC D/B/A LIFEBRIDGE requesting
Variances from rear yard setback, height (feet), height (stories), minimum area per dwelling unit, and
parking,to add two stories to the existing building at 56 MARGIN ST, Salem, MA, creating twenty-two
(22) units of residential housing(R-2).
We will not have a quorum for this item, which I have discussed with George Atkins. He has agreed to
request an extension of the deadline for final action on the project (which is currently October 3) so that
the hearing can be continued to our next meeting. Attorney Atkins will be present at the meeting. The
Board should vote on two items:to continue the hearing to October 19, and also to extend final action on
the project until the date Attorney Atkins requests.
Public hearing: Petition of CHRISTOPHER J. LEBLANC requesting a Special Permit to extend a
nonconforming structure by constructing a second story addition on the property located at 20
SOUTHWICK ST(R-2).
The applicant has included elevation drawings of the proposed project, which involves adding a second.
story, as well as photographs of the house as it is currently. I have also included a parcel map to show the
property in the context of the neighborhood. The proposed addition would require a Special Permit to
alter a nonconforming single-family house; Variances are not needed.
Public hearing: Petition of THREE SONS WINDOW & DOOR INC. requesting a Variance from number of
stories and a Special Permit to extend a nonconforming structure in order to construct a shed dormer
on the house located at 25-25% BARR ST(R-2).
The applicant requests to continue to October 19 since only four members will be present to vote.
Request for withdrawal without prejudice: petition of WILLIAM WHARFF, MANAGER, 1111 WINTER
ISLAND ROAD requesting a Special Permit under Sec. 3.3.5 of the Salem Zoning Ordinance reconstruct a
nonconforming Single Family residential structure, and a Variance under Sec. 5.1.5 to allow tandem
parking,for the property located at 11R WINTER ISLAND ROAD (11-1).
Mr. Wharff intended to file new plans to be presented at this meeting. However, the property owner did
not consent to this (Mr. Wharff has the property under agreement but is not yet the legal owner).
Therefore, he is simply requesting to withdraw the petition he submitted without prejudice. His attorney,
Scott Grover, has made the request in writing.
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City of Salem Zoning Board of Appeals
DRAFT Minutes of Meeting
Wednesday, August 17, 2011
A meeting of the Salem Zoning Board of Appeals ("Salem ZBA") was held on Wednesday,
August 17, 2011 in the third floor conference room at 120 Washington Street, Salem,
Massachusetts at 6:30 p.m.
Those present were: Rebecca Curran (Chair), Annie Harris, Jimmy Tsitsinos (alternate),
Bonnie Belair (alternate), and Jamie Metsch. Those absent were: Beth Debski and
Richard Dionne. Also present were Thomas St. Pierre, Director of Inspectional Services,
and Danielle McKnight, Staff Planner.
Ms. Curran opens the meeting at 6:30 P.M.
Approval of Minutes
The minutes of July 20, 2011 are reviewed. 'M Metsch pooves to app ve them,
seconded by Ms. Belair and approved (4-0 with, s. Harn abstaining). -
Public hearing: Petition of TERRYANNE,ST..PIERRE requesting Variances from side and
front yard setbacks in order to replace an existing deck with a larger, 8'x10' deck on
the property located at 36,MARCH STA( 210 )
Documents & Exhibti ns. e
➢ Application date-stamped 8-3-11 and ccompanying materials
ANN-A,- i,
➢ Plot plan,with proposed changes
➢ Photograph of the propy with imensigns indicated
➢ GbS�parcel map of�36 March St.
George Fal "presents the;petrtion ort behalf of himself and his wife,Terryanne St.
Pierre. He explains that he wants to replace the deck, which is in disrepair and is pulling
away from the house.because f the way it's been constructed. He shows the Board a
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photo of the side of th house and the deck, and explains that it's unsafe. He says he
err=.�,'
has put in temporary supports. He also notes that he needs to go beyond the sewer line
in the ground in order to'out in permanent supports. He says this entrance is also the
only way to get furniture into the house when people move in and out, and that's
another reason for making it a safer and larger deck. He indicates a berm on the
property line and says the neighbor's house is 12 feet away from that. Ms. Curran asks
if he has spoken to the abutter on that side; Mr. Fallon says he feels he will have support
considering the improvements he's made to the house. He also notes he has to go
before the Conservation Commission.
Ms. Curran asks Mr. Fallon to explain the deck's support system, which he does.
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Ms. Curran notes for the record that no members of the public are present to comment.
Mr. St. Pierre says for the record that Terryanne St. Pierre is not a relation of his.
Ms. Belair says she feels the relief requested is minimal.
Ms. Curran says she also has no problem with the petition. Ms. Belair moves to approve
the petition with six standard conditions, seconded by Ms. Harris and approved 5-0 (Ms.
Harris, Ms. Belair, Ms. Curran, Mr. Metsch and Mr. Tsitsinos in favor, none opposed).
The decision is hereby incorporated into these minutes.
Old/New Business:The Board briefly discusses how they.operate, at the suggestion of
Mr. Metsch, who is new to the Board.
Mr. Metsch moves to adjourn, seconded by,fVlsCurran and approved 5 0.
The meeting adjourns at 7:45.
Respectfully submitted,
Danielle McKnight, Staff Planner
For actions where the decisions have not been futl written into,these minutes, copies of
the decisions have been posted-separatef' by address oi,proj at:
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March 31, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of 315-317 ESSEX STREET SALEM LLC,seeking a Special Permit to
change the current nonconforming uses in the building (13-room lodging house and
office space) to another nonconforming use (six two-bedroom residential units), and
seeking a Variance from height(number of stories) to construct two dormers on the
property located at 315-317 ESSEX STREET,Salem, MA(R-2).
A public hearing on the above Petition was opened on March 17, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on March 17, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
Bonnie Belair, and Beth Debski.
Petitioner seeks a Special Permit pursuant to Section 3.3.2 and a Variance pursuant to
Section 4.1.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Attorney George Atkins represented the petitioner at the hearing.
2. Stephen Morris is the owner of the property. Raymond Young, Manager of 315-
317 Essex Street Salem LLC, has the property under agreement to purchase.
3. The property at 315-317 Essex Street currently contains thirteen(13) licensed
rooming house rooms on the second and third floors and office space on the first
floor. Both uses are nonconforming uses in the R-2 zoning district.
4. In a decision dated April 17, 2009, the Board granted petitioner's request for a
Special Permit to convert the office space on the first floor to residential units
(petitioner had requested five units; the Board granted the Special Permit for
three). ,This decision was subsequently appealed and remains under appeal as of
the writing of this decision.
5. In a petition dated February 26, 2010, petitioner requested a Special Permit to
convert the entire building to six (6) residential units and a Variance for
dimensional relief to construct dormers.
6. At the March 17, 2010 hearing, Attorney John Can spoke in support of the
petition, noting that he represented the abutters who had brought forward the
appeal of the previous Special Permit. He stated that the abutters he represented
had been working with Raymond Young, the property owner, and Attorney
Atkins to work out an acceptable solution, and this petition was the result. He
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also stated his opinion that this project would be less detrimental to the
neighborhood than the current use. Attorney Carr further stated that the appeal
would be withdrawn if the current petition passed.
7. Also at the March 17 hearing, Ward 3 Councillor Jean Pelletier, 7 Lawrence
Street, and resident Ted Richard, 10 Summer Street, spoke in support of the
petition. No one spoke in opposition.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, as the residential density would be
reduced from its current level, the non-conforming commercial uses
currently allowed would be replaced by residential only, and sufficient
parking is provided.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to convert the lodging house and office space to six (6) residential
units, and to construct the proposed dormers, all of which is consistent
with the intent and purpose of the City of Salem Zoning Ordinance.
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow for the change in use from a lodging
house and office space to six (6) residential units.
2. A Variance is granted to allow for the construction of two dormers.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor(Stein,
Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests for a
Special Permit and a Variance subject to the following terms, conditions,and
safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner. Submitted plan is titled,
"315-317 Essex Street Condominium—Six 2 Bedroom Units," dated.
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2/10/10, and prepared by SDA/Schopf Design Associates, One Cambridge
Street, Salem, MA 01970.
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. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s) located on the subject property to an extent of
more than fifty percent (50%) of its floor area of more than fifty percent
(50%) of its replacement cost at the time of destruction. If the structure is
demolished by any means to an extent of more than fifty percent(50%) of
its replacement cost or more than fifty percent(50%) of its floor area at
the time of destruction,it shall not be reconstructed except in conformity
with the provisions of the Ordinance.
9. This decision takes precedence over any decisions previously granted by
the Board of Appeals.
Robin Stein, Chair
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been tiled with the Essex South Registry of Deeds.
,,ONDITgq
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
,:%f
KimmmLEY DRISCOLL 120 WASHINGTON STREET♦ SALEM,MASSACIi USPA TS 01970
MAYOR TFLE:978-619-5685 ♦ FAX:978-740-0404
April 17, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of STEPHEN MORRIS, seeking a Special Permit to modify the currently
nonconforming use(office space) to another nonconforming use (multifamily
residential) to allow conversion of the existing office space on the first floor to five
residential units on the property located at 315-317 ESSEX STREET,Salem, MA
(R2 zoning district).
A public hearing on the above Petition was opened on February 18, 2009 and closed on
April 15, 2009 pursuant to Mass General Law Ch. 40A, § 11. The following Zoning
Board of Appeals members were present: Rebecca Curran, Richard Dionne, Jimmy
Tsitsinos (alternate), and Annie Harris.
Petitioner seeks a Special Permit pursuant to Section 8-5 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Attorney George Atkins represented the petitioner, Stephen Morris, at the hearing.
2. The property at 315-317 currently contains thirteen(13) licensed rooming house
rooms on the second and third floors and a beauty salon on a portion of the first
floor. Both uses are nonconforming uses in the R-2 zoning district. The
remaining area of the first floor was previously occupied by a photography studio
which was also a nonconforming use.
3. In a petition dated February 21, 2008, the applicant requested a Special Permit to
change the nonconforming use (photography studio) in the first floor area to
another nonconforming use (office space). In a decision dated April 2, 2008, the
Board of Appeals granted the requested Special Permit to allow the petitioner to
convert this portion of the first floor to office space.
4. In a second petition dated February 2, 2009, the applicant requested a Special
Permit to.change the nonconforming office space use to another nonconforming
use, multifamily housing, to accommodate conversion of the space to five
residential housing units.
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5. The Board of Appeals opened the hearing at its February 18, 2009 meeting, with
the following Board members in attendance: Rebecca Curran, Richard Dionne,
Annie Harris, Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate). At this
meeting, Attorney Atkins stated that the petitioner sought the Special Permit
because he had been unable to rent the office space.
6. At the February 18 meeting, a resident spoke in opposition to the petition, citing
previous problems with residents of the rooming house and traffic concerns. The
Board also received a letter from Morris Schopf opposing the project, citing
concerns about traffic and the physical state of the building.
7. Also at the February 18 meeting, At-Large Councillor Steven Pinto, 55 Columbus
Avenue, spoke in support of the petition; he did not feel significant traffic would
be generated and wished to avoid an empty building in the neighborhood.
8. The petition was heard again on April 15, 2009 with the following Board
members in attendance: Annie Harris, Rebecca Curran, Jimmy Tsitsinos
(alternate) and Richard Dionne. Several residents spoke in opposition to the
petition, citing concerns about density, traffic and property values. Ward 2
Councillor Michael Sosnowski, 17 Collins Street, also spoke in opposition.
9. Also at the April 15 meeting, a resident spoke in support of the project, stating his
preference to remove commercial uses from the neighborhood. Ward 3
Councillor Jean Pelletier also spoke in support of the project.
10. Two residents (Jim McAllister, Jon T. Skerry) submitted letters in support of the
petition, and three residents (Mary Whitney, Nicholas Nowak, and Jim Kearney),
submitted letters in opposition to the project.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The petitioner's request for a special permit does not constitute substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the
intent or purpose of the zoning ordinance.
3. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
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1. A Special Permit is granted to allow for the change in use from office
space-to three residential units.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor
(Tsitsinos, Curran, Dionne and Harris) and none (0) opposed, to grant petitioner's
requests for a Special Permit subject to the following terms, conditions,and
safeguards:
1. The building's current office space may be converted to no more than
three (3) residential units.
2. Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
3. All construction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner: The plan dated
December 19, 2007 and revised February 2, 2009, March 3, 2009 and
April 15, 2009, is to be revised showing conversion of the office space to
three (3) residential units instead of five(5).
4. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
6. Exterior finishes of the new construction are to be in harmony with
existing structure.
7. A Certificate of Occupancy is to be obtained.
8. A Certificate of Inspection is to be obtained.
9. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
10. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or reconstruct
the structure(s) located on the subject property to an extent of more than fifty
percent (50%) of its floor area of more than fifty percent (50%) of its replacement
cost at the time of destruction. If the structure is demolished by any means to an
extent of more than fifty percent (50%) of its replacement cost or more than fifty
percent (50%) of its floor area at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of the Ordinance.
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Richard Dionne, Salem Board of
Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of tiling of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
ZONING BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUSETTS
ZONING BOARD OF APPEALS
r 120 WASHINGTON STREET,3ac FLOOR
2631 U!G 31 A 10: 15
SALEM,MASSACHUSETTS 01970
Thomas St.Pierre,Director of Inspectional Services 1--ILL rr
\' MINg t.978-G]95641/f.978-740-9846 CITY CL Iiii ^l.ri; t'Wtai.
Danielle McKnight,Staff Planner
c 978-619-5685/£978-740-0404
TO THE.BOARD OF APPEALS:
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: Zo 5 CtrlwICK AYI— Zoning District: KZ
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build, the dimensions, the zone property is in,and the zoning requirements. Example:
1 am proposing to construct a 10'x 10'one story addition tomy home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 12 feet.
5-ot- sD FL-oor- AmraOtJ (OK M71fitEJ'- 1W>1&-D0M W! W14 ,
,
Z PiQ*DDM3 LA-1A4bAY FOOM ? FSfKf4"M .
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e.minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (f1?sq ft?stories?%?).
O�A Special Pemdt under Section of the Zoning Ordinance in order to
O Appeal of the Decision of the Building Inspector(described below):
The Current Use of the Property Is: Are the lot dimensions included on the plan?
(example: Two Family Home)'5104 LE. f5kMl t=y Yes O No n/a because
�I The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
1 the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
ZONING BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
O For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;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.
aFor all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V,
§5-3. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading; -
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
() Potential fiscal impact,including impact on City tax base and employment.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
q If diereni from petitioner:
Petitioner: CHPJSTDftW=P. I LE ALAtAC, Property Owner:
Address:W SOU'MWJtK `Jr%. Address:
Telephone: - b( '4r1 Telephone: -
Signature Signature(Attached consent letter is also acceptable
[> AIA6U$f 1L���
Date Date
If differentfrom petitioner:
A TRUE Representative:
ATTEST
Address:
Telephone:
Signature
Date
DATE SUBMITTED TO
BOARD OF APPEALS:
CITY CLERK
This original application must be filed with the City Clerk.
Eagle - Tribune
Salem News
Newburyport Daily News
Gloucester Times
REQUEST FOR LEGAL NOTICE
I understand that by signing this form I am agreeing to the cost of the legal notice to be published in the newspaper.
Payment is required at the time of the legal notice received by the city. Please make checks payable to the paper that
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01a '5D A &UST 7-011
Signed Applicant/Authorized Agent Date
Print Name CSI IR15T®�i� J. L-eeLAt�e-
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Page 1 of 1
Danielle McKnight
From: Jenny Hobbs Ustariam@aol.com]
Sent: Wednesday, August 31, 2011 11:30 AM
To: Danielle McKnight
Subject: 20 Southwick St.
The purpose of our addition is so our kids can have their own rooms. The second level will consist of 3
Bedrooms, a full Bathroom in the master bedroom and possibly a half bath by the kids rooms, if the square
footage is there. We are staying within the blue print of the original second floor that was damaged in a 1981 fire.
At the time, the previous owners did not rebuild the second floor, instead building what is now our master
bedroom as an addition. We would like to make our current bedroom on the first floor part of the kitchen so we
can all fit in there while we eat once the upstairs is finished.
8/31/2011
h
Salem Historical Commission
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970
(978) 745-9595 EXT. 311 FAX (978) 740-0404
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction Alteration ❑ Signage
❑ Moving ❑ Demolition ❑ Other work
❑ Reconstruction ❑ Painting
as described below will be appropriate to the preservation of said Historic District, as per the requirements set
forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance.
District: McIntire
Address of Property- 315-117 Essex Street
Name of Record Owner: Stephen Morris
Name of Applicant: Raymond Young(Manager, 315-317 Essex Street Salem LLC under agreement to purchase)
Description of Work Proposed:
Reference: Plans dated 2/10/10, Schopf Design Associates
Demolition of eri.sting,firs{floor store front. Replace with front door design as shown on page 4 including 2 decorative
windows rend side door design also shown on page 4, Install 4 shed dormers as shown on pages 5, 6 and 7. Enclose rear
stairway as.shown on pages 6 and 7. Install 4 new door openings on sides and hack as shown on pages 5, h and 7. Doors -
to he wood, six panel with transom. New window configuration as shown on pages 4, 5, 6 and 7. Windows to he wood, 6
over 6 wood windows either:
• Pella Architect Series Wood Double Hung Window with ILT's, 718"nnuntin;
• LePage UN"SDL: or
• .L B. ,Sash Proper Bostonian
Where there is a wood choice, it should he cedar. When available, the spacers between the glass should he bronze.
Note: Applicant pplicant will upply for fiberglass door option, chinnnev removal, vent installation, paint color, fence for east side
and granite curb.
Dated: March 4, 2010 SALEM iSTORICyAALL COMMISSION
4 :
Y C44 r/ I
The homeowner has the option not to commence the work(unless it relates to resolving an outstan do work
commenced must be completed within one year from this date unless otherwise indicated.
Fl[IS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits t}om the Inspector of Buildings(or any other
necessary permits or approvals)prior to commencing work.
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SDA Schopf Design Associates
Architecture. Interior Design. Documentation. Construction Administration
One Cambridge Street
Salem,Massachusetts
01970
978-741-0410
January 20, 2011
Tom McGrath, Asst. Building Inspector
Public Properties Department
120 Washington St., 3rd Floor, Salem, MA 01970
Construction Control Report#3 1-20-11
Building Permit#825-10 -- 315-317 Essex Street, Salem, MA
I have visited the site at least once per week since the last report on November 23, 2010.
During the past 60 days the following work has been completed.
1. All new and replacement windows have been installed.
2. The front of the building has been trimmed out and the siding installed.
3. Siding is installed on 60% of the balance of the house.
4. Rough framing on floor one remains at 80%with Unit 3 and rear stair yet to be
constructed.
5. Rough framing on floor Two is 100% complete
6. Rough framing on floor Three is at approximately 50%.
Now that the building is weather tight I expect temporary heat and the completion of the
rough framing. In the next 30 days the rough plumbing and electrical along with fire
suppression should begin. All of those sub-contracts will be undertaken with separate
permits.
I would estimate that rough inspections might be requested sometime around March 15,
2011. If you have any questions please feel free to give me a call.
FROM Merry Fox Realty (TUE)MAY 29 2012 6:54/ST. 9:53/Mo, 9160309753 P 2
31531.7 ESSEX STREET
85-11
GISh0427 COMMONWEALTH OF MASSACHUSETTS
:Map:; j26
Block;........ ..- - . ....�._.. ._ CITY OF SALEM
Lot: ;0473 -
Category. RENOVATIGN3
Permit fl 85.11 BUILDING PERMIT
Project# IS-_20,1 D79
Est.Coat: '$255,000.00
-- --
Fee Charged:...._ 52.810.00_ ;
.HaisDccbDe: PERMISSIONIS HEREBY GRANTED TO:
---
u a Com` _ __,Contractor: License: Expires
{Colonial Reemdeliag Curp General Contractor-73793
'Lot Size(aq:R); !689.922
— - -- -- OWner: 315-317 ESSEX ST REALTY TRUST LLC
Unita Gained: r - �pUcant: Colonial Remodelilt Corp
�!uo8• R2.
Units Lost: _- .AT: 315-317 ESSEX STREET
big Safe#:
ISSUED ON: 26-Iul-2010 AMENDED ON. EXPIRES ON: 26-lan-2011
TO PERFORM THE FOLLOWING WORK:
RENOVATIONS TO,CREATE(6)SIX CONDO UNITS AS PER PLANS jhh
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
gil7Vnd1r6"..d
mbin
Undulmad: Underground: Excavation:
Mme,; ^�7rIrt/ d� fFwaYR:
r(f' r��i/ mn.t [p✓/�(�'i/f'��f� Rouga Frx"`4gT 4.z. . W� 7
DPW )'. MI&` �l'W/ FlreplKdChlmnay:
Meter: am Idsu411an: jS 7.8 ' i b t_4
HaYKa Smoke: Final: f,.t. �"/_�,/I�
4 ,
Warm
Abrin:
Sewer: Sprinklm; Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLAT O Of' NY OF ITS
RULES AND REGULATIONS.
Sigaatare: no
Fee TYPee Recelpt No: Dal aid: Caeek No: Amnaac
BUILDING RFC-'011-000097 26 10 x 52,e1U.1a)
M ��
r � Perot
l;,l,.,«>�t no a wi;ewk, nwism am Calls �i Perllt�t tol' 1
GtaTM50 7010 Deg i.auriera Manklpal Sohdirn,,Inc
Certificate No: 85-11 Building Permit No.: 85-11
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the CONDOMINIUM located at
Dwelling Type
315-317 ESSEX STREET in the CITY OF SALEM
-------------------------------------------------------------------------- ------------------------------------------------------------------
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
315-317 ESSEX STREET UNIT 1
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
Issued On:True May 29,2012 ---
GeoTMS®2012 Des Launers Municipal Solutions,Inc. -----------------------------------------------------------------------------.-
Certificate No: 85-11 Building Permit No.: 85-11
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the CONDOMINNM located at
Dwelling Type
315-317 ESSEX STREET in the CITY OF SALEM
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
315-317 ESSEX STREET UNIT 2
This permit is granted in conformity with the Statutes and ordinances relating thereto,and
expires unless sooner suspended or revoked.
Expiration Date
_- _- - ---__ -- ------- ------------------ -
Issued On:Tue May 29,2012 -- - --- - --
GeoTMSGA 2012 Des Lauriers Municipal Solutions,Inc. -------------------------------------------------,---------------------------
Certificate No: 85-11 Building Permit No.: 85-11
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Perm is
This is to Certify that the CONDOMINIUM located at
----------------------------------------------------
Dwelling Type
315-317 ESSEX STREET in the CITY OF SALEM
- --------------------
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
315-317 ESSEX STREET UNIT 3
This permit is granted in confornrity with the Statutes and ordinances relating thereto,and
expires , ......... unless sooner suspended or revoked.
Expiration Date
Issued On: Tue May 29, 2012111&
GeoTMS02012 Des Lancers Municipal Solutions,Inc. ------------------------------------------------------------------------------
Certificate No: 85-11 Building Permit No.: 85-11
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Pemnts
This is to Certify that the CONDOMINIUM located at
-----------------------------------------------------
Dwelling Type
315-317 ESSEX STREETin the CITY OF SALEM
-------------------------- -- --— — - - - - ---------------------------------------------
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
315-317 ESSEX STREET UNIT 4
This permit is granted in conformity with the Statutes and ordinances relating thereto,and
expires unless sooner suspended or revoked.
Expiration Date
Issued On: Tue May 29, 2012
GeoTMS02012 Des Lauriers Municipal Solutions,Inc. ------------------------------------------------------------------------------
Certificate No: 85-11 Building Permit No.: 85-11
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the CONDOMINIUM located at
Dwelling Type
315-317 ESSEX STREET in the CITY OF SALEM
---------------------- - - - - - - -- - - - -------------- --------- ------ -
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
315-317 ESSEX STREET UNIT 5
This permit is granted in conformity with the Statutes and ordinances relating thereto,and
expires unless sooner suspended or revoked.
Expiration Date
_--------------
Issued On: Tue May 29,2012 ----------------------- - -- -- - -
GeoTMS®2012 Des Lamers Municipal Solutions,Inc. ---------------------------------------------------------------------------------
Certificate No: 85-11 Building Permit No.: 85-11
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Perm is
This is to Certify that the CONDOMINIUM located at
Dwelling Type
315-317 ESS-EX STREET- in the CITY OF SALEM
----------------- ------ ---------------------------------------------------- --------- --
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
315-317 ESSEX STREET UNIT 6
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
Issued On:Tue May 29,2012 -------------- -------------
-------------
GeoTMS®2012 Des Lauriers Municipal Solutions,Inc. ---------------------------------------------------------------.--.-----------
SDA Schopf Design Associates
Architecture.Interior Design.Documentation. Construction Administration
One Cambridge Street
Salem, Massachusetts
01970
978-741-0410
February 27, 2012
Final Construction Control Affidavit
In accordance with Construction Control in 780 CMR 116.2.2 of the Massachusetts State
Building Code, I, Morris L. Schopf, being registered professional architect MA 5125,
hereby certify that I prepared or directly supervised the preparation of all design plans,
computations and specifications concerning:
Construction of 6 Condominiums on Floors 1, 2 and attic of existing renovated
building 315 (and 317)Essex Street, Salem, MA
I have performed the necessary professional services and been present on the construction
Site at least once a week from the beginning of the Construction to this date. The work
was performed by Colonial Construction, Inc and their various sub-contractors.
The fire suppression, plumbing, alarm and electrical services were provided as"design-
build" construction under separate permits.
To the best of my knowledge the construction was completed in accordance with the
plans, computations and specifications provided by Schopf Design Associates and that
the completed Project meets the applicable provisions of the Massachusetts State
Building Code, acce to le engineering practices and all applicable laws for the proposed
project. 0ASS4
��QQ�s L.ScyoG`rt^
to A. 5125 W
Morris L. chop£, RA Mass Ar t ct 5125
0 A.I. ORIGINAL SIGNATURE& SE
-SUBSC TO BEFORE
THIS z SY DAY OF 2012
OFF
ICIAL
N P LIC IRE
MO:DASIONWEALTH OF MFSMUSETTS
omm.Expires May 28,2015
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CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Fax:(508)740-9705
September 26, 1996
Shirley C. Filipiak
300 Lynn Shore Drive, Unit 400
Lynn, MA 01902
Dear Ms. Filipiak:
In accordance with Chapter III, 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 II: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property
located at 3151/4&3151/2 Essex Street,All Rooming Units, Floors 2 &3occupied by Tenants conducted
by Joanne Scott,Health Agent and Virginia Moustalds, Senior Sanitarian Accompanied by John Casey,
Licensing Board and Gail Kelleher, Rooming House Manager, on Wednesday, September 25,1996 at
approximately 9:00 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 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 earth:
i
Oba
nne Scott
Health Agent
cc: Licensing Board
Building Department And Fire Department
Certified Mail# P 544 343 333
JS/bas
o-wh vokl
rage t of
@SaA
EMHEALTH,DEPARTMENT
9North Stlam,MA 01970
State Sanitary Code,.Chapter_Q,a05,;CMR 410.000
Minimum Sta}ndards of yyFdn``e.'ss`tor Human Habitation
FLY dOFE� •' :.: 1 ....t'1
Occupant: A oo M I N G 140 u S E Phone:
Alr cPooM•�'
Address: 3tS c�,/ c ?IS11a Esse 4 Sf Apt- Un:fs Fbor. a, 3
Owner. S,bitict/ (2. Fri ; elaK Address: 3Do
yid
L .�nh H90�
Inspection Date: C)-aS-9lo Time a PPrnA q 0,M
Conducted By: Toa n nB Seo f 1- Pea 144 Agro.! Accompanied By: Tohn Ca 5c�[ Gi cyn Sin /�L
UI✓'L'�n 10.. Ho u�}-4 K�s,�^r�ariarl (aa� / /(e/lehe�', /�oorn icy NoJse�
Anticipated Reinspection Date: Haroyee
Specified Reg# Violation
Time 410. . . .
ffigo 1 Fite I?Q
Mo n
/ . l e v d
a
1351 eoJ i- 5 rm ISS n D/1 ehnilytaA l olle /7to�f' 7�Q. efc�
II
0 C7l �JOd01-00-k-1114ce J v rP
A odS 2iv /ted o r �✓
/ Leek- e6
One or more of the above violations may endanger or materially impair
the heaUh, safely and well-being ort occupants(s)
Code E torcementinspector
Este es un documento legal imponante. Puede que afecte sus derechos.
Puede adquiriruna traduccion de esta form.
r , SALEM HEALTH DEPARTMENT Date:
4 9 North Street
t Salern-MA 01970
:4
Name: Address:
Specified Reg # Violation
Time 410. . _ .
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� i'D leer Berkal, Stelman &- Davern
Attorneys & Counsellors-At-Law
26 Lynda Street • Salem, Massachusetts 01970
Phone (617) 745-4010
Date__—... -(�'Y_-----------------
-S1�lam- p�Et-�-- ....._-- ---------._.-._ Subject- — --- - --- -
5 --------
o �
OM L
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y XDr
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7 1 /
j COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. TRIAL COURT OF MASS.
ESSEX COUNTY DIVISION
SUPERIOR COURT DEPT.
..DOCKET #11112
ROBERT S. GINSBURG
VS.
BOARD OF APPEALS OF THE
r CITY OF SALEM, ET ALS
` { ? JUDGMENT ,.
This cause came on to be heard and was argued by counsel for the Plaintiff,
and _`after` hearing thereon, 'upon consideration thereof, it is ORDERED,
+' ADJUDGED AND DECREED that:
1. The Board of Appeals of the City of Salem is hereby ordered to issue
a Special Permit relating to the premises owned by the Plaintiff specifically
permitting the use of same as follows:
s. a business and/or professional office located on the first floor of
` �1-315-Essex Sheet.
b.' a business and/or professional office located on the ground floor
a at 317 Essex.Street.
c. the 8-room apartment located on the second and third floors of
315 1/4 Essex'Streetmay�be rented as individual rooms.
----------
'AT rue Co Attest
BERK AL,STEL AN �� �,' •� '(�"(� - (/C/(�_ L,
GDAVERN
ATTORNEYS AT LAW �L w
26 LYNDE STREET
SALEM.MASS.01970
TEL 161-0 745-4010
1
r
y
� �Yy
r,
d. the 8-room apartment located on the second and third floors of
315 1/2 Essex Street may be rented as individual rooms.
By the Court
ENTERED:
A
BERKAL,STELMAN
6 DAVERN
ATTORNEY$AT LAW
26 LYNDE STREET
SALEM.MASS.01970
TEL(61T 105-A 10
7
City of Salem, Massachusetts
Fire Department
'�pAII�B 48 Lafayette Street -
Robert tit!Turner Safem, Massachusetts 01970-3695 Fire Prevention
Chief TeL 978-744-1235 Bureau
978-744-6990 Fax 978-745-4646 978-745-7777
April 10, 2003
Shirley Filipiak
300 Lynn Shore Drive
Lynn, MA 01902
RE: 315-317 Essex Street - Salem, MA
Dear Shirley:
During our recent inspection on Tuesday 3/25/03 at 315-317 Essex St. ,
The Salem Fire Prevention Office became aware that commercial space in
this building is occupied by an interior decorator. Whereas painting
is the primary nature of this particular business, Mass General Law 148
Sec. 24 (copy enclosed) clearly indicates that this business is in
direct violation and needs immediate attention. All paint thinners,
lacquers and related items must be removed immediately. Fire extin-
guishers approved by a certified company need to be installed in all
kitchens. Also lit exit signs need to be installed in the basement
and security bar on exit door must be removed. The carpet on the
wall of Gainsboro Studios Ref: Salem Fire Prevention Regulation #28
needs to be removed, unless proof of flammable rating can be provided.
A..:reinspection of this property will be arranged for the week of May
5, 2003.
Respectfully,
Kathie Deschene
Salem Fire Prevention
cc: Licensing
Health
Building
THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS GENERAL LAWS, CHAPTER 148
WILLIAM FRANCIS GALVIN, SECRETARY OF THE COMMONWEALTH
CHAP. 148 -continued
148:23A. Inflammable anti-freeze in hydrants.
Section 23A.. No inflammable fluid shall be used as an anti-freeze mixture in hydrants
used to convey water for extinguishing fires.
448:24. Keeping and handling of fire menace material; carpenter or paint shop in
habitation.
Section 24. No part of any building used for habitation nor that part of any lot within
fifty feet of any building so used shall; except as permitted by section twenty-three,be used
for the storage, keeping or handling of any article or material that is or may become
dangerous to the public safety as a fire menace, and no part of any such building shall be
used as a carpenter shop or paint shop,nor for the storage,keeping or handling of excelsior,
shavings, sawdust, cotton, paper stock, feathers or rags, except under such terms and
conditions as the head of the fire department may prescribe in writing.
148:25. Use of salamanders or stoves for drying materials.
Section 25. No salamander or stove for drying any construction material shall be used
in any building except under such conditions as may be prescribed by the board; and no such
salamander or stove shall be set upon a wooden floor unless it is raised above the floor at
least four inches and set upon brick or other incombustible material in a bed of sand at least
two inches thick, spread upon the floor and covering an area of at least two feet in all
directions larger than the area of the salamander or stove.
148:25A. Second hand space beaters; unvented space heaters.
Section 25A. No person shall sell, offer for sale or in a secondhand space heater,
or a secondhand portable stove which uses kerosene, range oil or number one fuel oil for
fuel. No person shall install or use in any building which is used in whole or in part for
human habitation an unvented space heater which uses gas or oil as a fuel. Whoever violates
any provision of this section shall be punished by a fine of not more than one hundred
dollars.
148:25B. Unvented liquid fired space heaters; use or sale prohibited.
Section 25B. No person shall use, allow to be used, sell or offer for sale any unvented
liquid fired space heater. As used in this section, "space heater" includes portable space
heater, parlor heater, cabinet heater,room heater and any similar heater having a barometric -
fed fuel control and its fiiel supply tank located less than forty-two inches from the center
of the burner and means the type of heating appliance adapted for burning kerosene, range
oil or number one fuel oil and used principally for the heating of the space in and adjacent
to that in which such appliance is located. Whoever violates any provision of this section
shall be punished by a fine of not more than one hundred dollars.
19
�lty of cSaIzn; 4-.:M- aisaAuiF-tL
9ftz /L z#azt�tment
4 la`ayettE UShzzt
.SarEm, dI4aena4ueEtti 01970-3695
cRo�Ext iW r]uzrrci a<f 978-744-1235 'Diu L
Evu2tl Jlt
`lax 978-745-4646 Du'Eau
978-744-6990 978-745-7777
Salem Fire Prevention Regulation #28
FLAMMABLE DECORATION REGULATIONS
The use of decorations is regulated by the provisions of 527 Code of
Massachusetts Regulations 21.00 and shall apply in the following classes
of occupancy; Mercantile, Assembly, Institutional and Hotels.
The term "Decorations shall include all materials such as curtains,
draperies, scenery, plastic shields, upholstery coverings, streamers,
surface coverings applied over the building interior finish for decorative
effect, and also cloth, cotton batting, straw, vines, leaves, trees, and
moss used for decorative effect, bamboo and other wood fibres, but shall
not include ordinary window shades.
Any "Decoration" as described above shall be classified as a flammable
decoration if it exhibits an afterflame greater than two (2) seconds or an
afterglow greater than forty (40) seconds, when tested in accordance with
the provisions of 527 Code of Massachusetts Regulations 21.00.
The use of any "Decoration" as defined above shall require the submission
of a Form #80, with a laboratory report, stating the "Afterflame" and
"Afterglow" test results. The Certificate of Approval will be issued by
the Fire Prevention Bureau upon acceptance of the submitted report.
Other basic rules for prevention of fire In the above occupancies include:
1. Never use cotton batting or absorbent cotton, straw, dry
vines or branches, leaves, live natural trees, shrubbery or
foam plastic materials in any form.
2. All decorations shall be of approved fire resistive material,
or of a material that will not support combustion readily,
such as vinyl products.
3. Approved fire resistive materials may be used only in the
manner for which approval was granted. Never hang anything
from lights, or string things across doors, corridors, or
across rooms in any manner.
-2-
4. If a product is to be used which can be treated with a fire
resistant liquid, such liquid must have an approval from an
authorized source. A time limit may be imposed on the use of
any product treated with an approved fire retardant liquid.
The use of said products may still require the approval of
the Department of Public Safety Laboratory.
5. Decorations shall be located a safe distance from electrical
fixtures and heating units, and so placed so that in the
event of an accident the material or product will not be
blocking a means of egress, in any manner whatsoever.
6. No electrical wiring or lights shall be placed on any tree or
similar combustible holder. Use only Underwriter's
Laboratory listed lights and wires if the holder is fire
resistive.
7. Foil strips such as tinsel may be used. Rope tinsel or foil
garlands may not be used without the express permission of
the Fire Prevention Bureau.
8. Crepe paper must be fire proof (fire resistive) and should be
used flat on walls only, except three dimensional fire
resistive crepe paper wreaths on wire coat hangers, may be
used in limited quantity. This material will be limited in
quantity, and a time limitation may be imposed on the use of
this. product.
9. Any other product with the fire resistive label attached may
be used in the locations outlined above with a time limit
imposed.
10. Individual projects in .schools may require the use of fire
resistive crepe paper but they must be taken home or disposed
of the same day as used. Exception: properly stored
costumes for plays.
11. Aerosol sprays in cans may be used only if the can is clearly
marked "NON-FLAMMABLE".
12. Stromata balls no larger than three (3) inches may be used.
No combustible material shall be placed on or around this
product.
13. No pine cones, milkweed pods, or feathers may be used unless
first treated with a fire retardant liquid:
14. Water based and fire retardant paints are recommended. Oil
based paints may only be used for projects if not located in
areas where otherwise restricted.
4
1_
-J
15. All decorations as listed above are subject to regulation by
the -Fire Prevention Bureau.
16. Individual conditions not compatible with this regulation may
be resolved by conference with the Fire Prevention Bureau.
r
e �
t RUG-06-2008 15:05 From: To:9787409846 P.6
City ofSalem, 91 assachuset is
it
f
�aF a e 1�epartment
48 Laffayette,Street
illavid'W. Ludy
Chef Safem, Wassach.usetts 0.1970-3695 Are 9'To mime Bureau
T.9'Fmz /g.rerrue,
978-744-6990 Te[978-744-1235 7¢!978-745-7777
dcody@safem.com T4x978-745-4646 Fax978-745-9402
VIOLATION NOTICE
Rooming House Tuaaday August 5, 2008
315-317 Essex Street
Salem, MA 01970
An inspection of your facility on Wednesday June 4, 2008 2,?vP.]IF.d the vl.r>lnLious
listed below.
ORDPH TO COMPLY: Since L'h4:.ve cond.il'Jons are contrary to law, you must correct
them upon receipt of this notice. An inspection to determine compliance with
this Notice will be conducted on TO BE A>;'TERM1NLO, at / /
If you fall to comply with thin notice before the reinspection date listed, you
may be liable for the penalties provided for by law for such violations.
violation code Artiole Division Page Count
148.26F 1/2 Carbon Monoxide Detectors 0 0
Every dwelling, building or structure, including those owned or ope:rited by the
onmmonweal.t.h, occupied in whole or in parr. fo.rr'a44idEnt;i.8l. purposes, that : (1)
contains fossil-fuel burning equipment including, but not limited to, a
furnace, boiler, water heater, fireplace or any other apparatus, appliance or
device that burns FosgiI. Fuel ; 01' (2) incorporates enclosed parking within its
structure shall be equipped by the owner with working, approved carbon monoxi.do
alarms in conformance with the requirements of the board of fire prevenLivn
regulations; provided, however, that such requirements shall include, but not
be limited to, a requirement that a landlord or superintendent shall install.
either approved monitored battery-powered alarms or ,approved a7Re'trieal. wiling
alarms as defined by the board, as are required to make the alarms operational
at the beginning of any rental period by lease or otherwise and shall maintain
and, if necessary, replace batteries or such battery-operated or electric
hardwired carbon monoxide alarm.. annually therea.ftot to insure their continued
operability
Carbon MUIIQXide detector uuLside 302 iioL working.
OFI/05/'LOON 1h;'.35 Page 1
RUG-06-2008 15:05 From: To:9787409e46 P.7
'4
0` City ofSalem,-914-assachuset is
tk-1 WR
Fire (Department
48 Laf fayette Street
q)avr6'W Cody
Chief Sa(em., Mas'saefiusetts 01970-3695 Fire 4 reven"n" K 'ruu
978-744-e990
29 Tart}lvenue
Te[978-744-1,235
'rc(978-las-7777
dcodyGAaatccm,com tFaX 978-745-4646 Fak978-745-9402
VIOLATION NOTICE
315-317 Asses Tuesday Au"� t 5, 2008
318-317 Essex Street
Salem, MA 01970
12.110. Exit- Illturi.i.ual.ion 0 0
Emergency lights in basement not working.
1?.108. Exit Corzidors .. 0 U
Coftee table in 2nd floor hallway to be removed, no per'uonal items to he kept
in exit hallways.
ALL SIT TIONS TO RE REMEDIED FORTHWITH.
X
Griffin, L rout, Qn F Steve Morris
Inspector Occupant/Owndr
CC: file Rallding health Licensing
08/05/2008 16:35 Pago 2
0��4 �reec✓ olecl3 mw _2cM
G t1 �Ty Sp�G! TG2
1,
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. TRIAL COURT OF MASS.
ESSEX COUNTY DIVISION
SUPERIOR COURT DEPT.
.� 5 DOCKET #11112 . '
`PP ' RSO RT S—GINSBURG
'G 1 VS.
J BOARD OF APPEALS OF THE .
r: CITY OF SALEM, ET ALS
t . r, JUDGMENT
This cause came on to be heard andwas argued by counsel for the Plaintiff,
and 'after` hearing thereon, upon consideration thereof, it is ORDERED,
+ ' ADJUDGED AND DECREED that:
1. The Board of Appeals of the City of Salem is hereby ordered to issue
a Special Permit relating to the premises owned by the Plaintiff specifically
permitting the use of same as follows:
a. a business and/or professional office located on the first floor of
315 Essex Street.
b. a business and/or professional office located on the ground floor '
at 317 Essex Street.
c. the 8-room apartment located on the second and third floors of
315 1/4 Essex Street may be rented as individual rooms.
AT C Attest
BERKAL.STELMAN ��✓' LCP, r
&DAVERN
ATTORNEYS AT LAW IpWC VCi'
26 LYNDE STREET
SALEM.MASS.01990
TEL 161➢795-4010 -
1
d. the 8-room apartment located on the second and third floors of
315 1/2 Essex Street may be rented as individual rooms.
By the Court ( )'
ENTERED:
. ac i9� yr
BERKAL.STELMAN
E DAVERN
ATTORNEYS AT LAW
26 LYNDE STREET
SALEM,MASS.01970
TEL 16191 745-4010
7
F17/12/2006 13:26 9787459402 SALEM FIRE DISPATCH PAGE 03
sales Fire Department
48 Lafayette treat
Salem, MR 01970
violation Notice
Ww1nosday July 12, 2006
Apiattments
31') 93DOX 9trust
sat.am, MA 01970
An inspection of your facility on Tuesday June 27, 2006 revealed the violations
listed below.
ORDER TO COMPLY: since these conditions are contrary to law, you must correct
notice. An inspectionto 2r determine compliance with
them upon receipt of this s
this Notice will be conducted on is 17
If you fail to comply with this notice before the reinspection date listed, you
may be liable for the penalties provided for by law for such violations.
--' Article Division Page Count
violation Cods 0 l
12 .110. Exit Illumination
in basement, battery back up not working, replace battery
Emergency light pack
pa,:k. _-_ _
lc _504 . Maintenance paperwork
No paperwork for annual sprinkler test, have system tested and pap
forwarded to Fire Prevention. _ .
15 .108. Maintenance and Testing
No paper kfor annual fire alarm test, have system tested and paperwork
forward d o Fire Prevention.
C:ciffin, Lis Y, Er B XStaphon Morris
Inspector ocaupent/Owner
CC: Licensing Health Building File
gage 1
17/12/2006 11:27
' 2 CITY OF SALEM9 MASSACHUSETTS
.� BOARD OF HEALTH
s n
§ 120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
TEL. 978-741-1800
FAX 978-745-0343
STANLEY J. LISOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
May 6, 2004
Stephen and Linda Morris
84 Ipswich Road
Boxford, MA 01921
Dear Stephen and Linda Morris,
In accordance with Chapter 11, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State
Sanitary Code, Chapter l: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II:
Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property at 315-317 Essex
Street, Rooming House occupied by various tenants conducted by David Greenbaum 8 Virginia Moustakis,
Sanitarians accompanied by Owner, Stephen Morris, Harold Blake, Licensing Board, Chairman and Kathy
Deschene, Fire Prevention Inspector on Tuesday, May 4,2004 at 9:30 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:
)Oanne S David Greenbaum
Health Agent Virginia Moustakis
JS/bas Sanitarians
Cc: Councillor Jean M. Pelletier,Ward 3, Licensing &_Building Depts.
Certified Mail#7003 1680 0006 5995 9806
JS/bas o-h-violet
r
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
• i 120 WASHINGTON STREET. 4TH FLOOR
SALEM, MA 01970
TEL. 978-74 1-1800
FAX 978-745-0343 Pagel of
STANLEY USOVICZ. JI' JOANNE SCOTT. MPH. RS. CHO
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant : oocg� Phone:
Address: essexSf Apt-#__43 Floor, 3
Owner: srrj!�Ma, v- LgNC4�1•,yy4e,5 Address: n/4a5w(c,h t(.
,& Fo,eC1 -2 / o/9a,l
Inspection Date: Time: Ria Ari
Conducted Byy� nres�unn Accompanied By:
Anticipated Reinspection Date: — i74t40461-A(4 tiV
fJRe PQEd�n� Z,�s�oay-oa;
hila y l��scheme
Specified Time Reg.#410.. Vlolation(S) 6Clr'7�P SfF�J/ 7YJ�ezis
pU J C JJ
a
Ale
rs <t o - -3oc -3a5 a
/1�o v '
One or more of the above violations may endanger or materially impair the health
a,1�d�.✓9
safety, and well being of the occupant(s) (L#a ,u'r�LoR
Code Enforcement Inspector -P
Este es documento legal importante. Puede que afecte sus derechos.
- ' ,. ..,_,_ .._ ._ ... .,.. ....r., s,....... ..:__ -------;— R........ n11n1e(nnn 7A I_innn
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 :
1. Rent Withholding(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.
You can prove that your dwelling unit or common areas contain code violations which are serious
enough to endanger or materially impair your health of safety and that your landlord knew about the
violations before you were behind in your rent.
You did not cause the violations and they can be repaired while you continue to live in the
building.
You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( For (his.
itis best to put the rent money aside in a safe place)
2. Repair and Deduct(Massachusetts General Laws,Chapter III, 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 may endanger or materially impair your health, safety,or well-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 them made)within five days after
the notice or to complete repairs within 14 days after notice,you can use up to four months rent in any year
to make repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (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 try 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 or if he or she tries this.
4. Rent Receivership (Massachusetts General Laws Chapter B, 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& 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 rent or take anv
other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attomey. you
should contact the nearest legal services office, which is
North Shore Community Action Northeast Housing Court
Programs Inc. 2 Appleton Street
98 Main Street Lawrence, MA. 01840
Peabody, MA. 01960 (978) 689-7833
(978) 531-0767
City of SaCem,3fassachusetts
Tire (Department
artment
48 Laffayette Street
Oavid'W. Cody Fire ovverttion Bureau
Chief SaCem, 9l2assac(tusetts 01970-3695 29 Eortgvenue
978-744-6990 Te(978-744-1235 Tet 978-745-7777
dcodyesalemxom Ta),978-745-4646 T'ar,978-745-9402
VIOLATION NOTICE �C..
Cppy
Rooming House wednesday August 15, 2007
315-317 Essex Street
Salem, MA 01970
An inspection of your facility on wednesday August 15, 2007 revealed the violations
listed below.
ORDER To COMPLY: Since these conditions are contrary to law, you must correct
them upon receipt of this notice. An inspection to determine compliance with
this Notice will be conducted on To Be Determined, at / /
If you fail to comply with this notice before the reinspection date listed, you
may be liable for the penalties provided for by law for such violations. ,
Violation code Article Division Page count
10.505. Portable Eire Extinguishers 0 0
Various fire extinguishers need inspection and tags.
14.104. Required Installations 0 0
Smoke detector missing in unit 306.
12.110. Exit Illumination 0 0
Emer ncy lights in basement not working. —
X
Griff' , Lieu in F Steve Morris
I for ocoupaut/Owner -
08/15/2 007 15:15 Page 1
E0 39Vd HDiVdSIO 3NId W31VS Z07654L8L6 ZZ:80 L00Z/LZ/80
a City of Salem, Massachusetts
�y,, !Fire Department
F "
48 Gaffayette Street
�DavulryU. Cody Fire Prevention Bureau
Chief Salem, Wassac(tusetts 01970-3695 19(Fort,Avenue
978-744-6990 Te1978-744-1235 4'e1978-745-7777
dcody®salem.tom TaX978-745-4646 'FaX,978-745-9401
VIOLATION NOTICE
Roaming House, Hill Top Manor Wednesday August 15, 2007
179 Boston Street
Salem, N& 01970
An inspection of your facility on Wednesday August 15, 2007 revealed the violations
listed below.
ORDER TO COMPLY: since these conditions are contrary to law, you must correct
them upon receipt of this notice. An inspection to determine compliance with
this Notice will be conducted on To Be Determined. at / /
If you fail to comply with this notice before the reinspection date listed, you
may be liable for the penalties provided for by law for such violations.
Violation Code Article Division Bag* Count
12.110. Exit Illumination 0 0
Emergency lights not working outside unit 21, also emergency & exit lights not
working 3rd floor right side not working.
12.108. Exit corridors 0 0
HallwIsparation doors needed between stairways and corridors, all floors.
--.-
X
mriffin, Lieut, in F Stephen Morris
Inspect r ooaupant/owner
08/15/2007 14:49 Page 1
Z0 39tid HD1CdSIa 3aI3 W3-IVS Z0b8SbLBL8 ZZ:80 L00Z%lZ/80
0
Salem Historical Commission
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970
(978)745-9595 EXT 311 FAX (978)740-0404
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction ❑ Moving
❑ Reconstruction -DK Alteration
❑ Demolition ❑ Painting
❑ Signage ❑ Other work
as described below will be appropriate to the preservation of said Historic District, as per the requirements set
forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance.
District: McIntire
Address of Property 315-317 F.ssex Street
Name of Record Owner: Stephen & Linda Morris
Description of Work Proposed:
Main building-Removal ofsynthetic siding and shutters. Repair/replace underlying wood clapboard siding, trim and watertable in
kind. Reconstruct window casing and window pediments on front, second floor to match photo on 1967 inventoryform. Side
windows to match window casing on abutting properties, including reconstruction of windows sills, rf needed. Option to install wood
shutters on fiont fagade(to be hung so as to be operable and, when closed, ofsize to fill the window and hung to shed water away
from window). Existing synthetic fascia and soffit to remain. Paint colors-Pewter Gray clapboards, white trim.
Rear addition-Installation of wood clapboards,fascia, cornerboards and water table to match main house. Construction of
overhang per drawings submitted with roof to match existing. Remove existing steel staircase and install new wood staircase in same
footprint and configuration(run, landing). Railing/baluster style per postcard submitted and to meet building code, baluster 4"on
center. Entire to be painted Pewter Gray, with treads to be painted Battleship Gray. Paint colors- Pewter Gruy clapboards, white
trim.
Application is continued to meeting of April 6"in order to address potential issues discovered in the field.
Dated: March 23, 2005 SALEM HISTORICAL COMMISSION
By: �*
The homeowner has the option not to commence the work (unless it relates to resolving an outstanding
violation). All work commenced must be completed within one year from this date unless otherwise indicated.
THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of
Buildings (or any other necessary permits or approvals) prior to commencing work.
CITY OF SALEM
PUBLIC PROPERTY
v�. DEPARTMENT
KI Al11F.RIBY DRISCOI.I.
MAYOR
LQ WAS IIiNG I1 Iy?IKI[I I � $:vLIid1,AI,vA�ACIIC>j, 1,U197()
1*ei.:978-745-9595 ♦ 1S\s 973-7-70-9846
1
A03
VIOLATION NOTICE
PROPERTY LOCATION 315 ESSEX STREET
March 8, 2007
Stephen Morris
45 Bridge Street
Salem, MA 01970
Dear Mr. Moms;
The above listed property has been found to be in violation of the following State
Codes and/or City Ordinances:
(see attached list of violations)
Said violations must begin to be corrected, repaired, and/or brought into
compliance within 2 days of your receipt of this notice. Failure to do so may result in
further actions being brought against you, up to and including the filing of complaints at
District Court.
If you have any questions regarding this letter, please contact the Building
Inspectors Office at (978) 745-9595, extension 5643.
Sincerely,
J eph I Barbeau, r.
Assistant Building Inspector
CC: file, Mayor's Office, Fire Prevention, Health Dept., Police Dept., Licensing,
Councilor Pellitier
List of Violations discovered at 315 Essex Street, 3 -6-2007, by Barbeau
1. Heat shut off or removed at entry area. 780 CMR,Sec.103
2. Right side 2"d floor Bathroom has broken toilet. 780 CNIR,Sec.103
3. Store of Combustibles in third floor hallway both sides. 780 CMR, Sec. 1028.1
4. Space heater being used in Unit#304. Fire code violation
5. Third floor right side storage has high combustible load. As above
6.
7. Unit # 302 has broken lock. 780 CMR, Sec.103
8. Third floor right side has Fire Door Propped open. 780 CMR, Sec. 716.5
9. Broken Smoke Alarm at top of stairs at third floor left side. 780 0118, Sec.103
10. Left side kitchen has large hole in plaster. 780 CMR, Sec. 713.2
11. Second floor has various remains of lock and hasp devices on doors. Fire code
violation
12. Store of combustibles on Second floor left side at Fire Door. 780 CMR, Sec.
1028.1
13. Unit 3 203 has broken doorjamb. 780 CMR Sec. 103
14. Heat at third floor level is insufficient. Health Code violation
15. Exterior Fire Escape is in need of repair. This structure must be certified by an
Engineer, as must any repair plan. This certification must be done every five
years. 780 CMR, Sec. 103 and 780 CMR, Sec.1028.3
16. Trash stored on Emergency Egress Way. 780 CMR, Sec. 1028.1
17. Sprinkler that protects this Exterior Egress Way is currently shut off. This
comprises three violations, first anytime a Fire System is out of service the Fire
Department must be notified, second it is not allowed for a shut-off to be installed
in a Fire Suppression System, and third, this leaves the egress unprotected. 780
CMR, Sec. 103, and NFPA 13D,
� yrnwlrt'�4
KEVIN T. DALY 3 < {,yl LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR ��� ? ASSISTANT CITY SOLICITOR
I.TY pF
93 WASHINGTON STREET 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM, MA 01970 BEVERLY, MA 01915
745-4311 CITY SOLICITOR 745-4311
745-0500 93 WASHINGTON STREET 921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM, MA 01970
745-4311
744.3363
PLEASE REPLY TO 81 WASHINGTON STREET
April 15 , 1988
Steve W. Santry, Assistant Building Inspector
City of Salem -V
One Salem Green
Salem, Massachusetts 01970
u, 4
Re : 315 Essex Street, Salem
Dear Mr. Santry:
You have requested my interpretation of a 1984 judgment
of the Essex Superior Court ( #11112 ) as it relates to an
ice cream business at the above location.
Specifically the judgment states "a business and/or
professional office" may be a permitted use at the above
location. At first glance the word "business" as used in
the sentence relates to the word office. However the word
"or" as used in the same sentence creates a question as to
whether or not the work "business" relates to the word office.
In view of the fact that words should be construed according
to the common and approved usage of the language, I believe
that any ambiguity should be resolved in favor of the
applicant. Admittedly, this is a close call but any abutters
will have the appeal process available to them if they are
aggrieved by my interpretation.
Accordingly, it is my opinion that an ice cream store
at the above location is a permitted use.
Zvery-tr ly yours,
hael E. O'Brien
City Solicitor
MEO/jp
�CO�I11T�A
A
Sa em tlistoricai Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(508)745-9595 EXT.311
CERTIFICATE OF NON-APPLICABILITY
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction ❑ Moving
❑ Reconstruction ❑ Alteration
❑ Demolition ❑ Painting
❑ Signage ❑ Other Work
as described below does not involve an exterior architectural feature or involves a feature covered by the
exemptions or limitations set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic
Districts Ordinance.
District: McIntire
Address of Property: 315 Essex St.
Name of Record Owner: Shirley Filipiak
Description of Work Proposed:
Replace one section of damaged gutter to match existing in color, material, design and outward appearance.
Non-applicable due to being an in kind replacement.
S
Dated: 3/25/96 SALE H ST C SSI N
The homeowner has the option not to commence the work (unless it relat to solving an outstanding
violation). All work commenced must be completed within-one ye m thi date unless otherwise indicated.
THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of
Buildings (or any other necessary permits or approvals)prior to commencing work.
�dl
l
iP q"
D%
�f�gIICE fl%
Salem Historical Commission
ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970
(508)745-9595 EXT. 311
May 19 , 1995
NOTICE OF VIOLATION
Shirley Ginsburg
300 Lynn Shore Dr. Unit 300
Lynn, MA 01902
RE: 315-317 Essex Street
Dear Property Owner:
Recently, it has come to the attention of the Salem Historical
Commission that signage has been installed at your property at 315-
317, Essex Street, which is located in a local historic district.
According to our files, there is no approved Certificate for either
Appropriateness , Hardship or Non-Applicability for work to be done.
Please read the enclosed information and kindly file the
appropriate application within 30 days . If you need assistance,
please contact our staff person, Jane Guy, at the Salem Planning
Department, One Salem Green, Salem, MA ( 745-9595 , Ext. 311) .
Thank you for your cooperation in this matter.
Sincerely,
THE SALEM HISTORICAL COMMISSION
Richard Oedel
Chairman
cc : Magic Parlor
City Clerk
/Building Dept.
(W*,,mmD0v
Titg of �ttlem, massnc4usetts
Public Propertg i9epartment Nuilbing Department
(One Belem Green
508-745.9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 1 , 1996
Shirley Filipiak
300 Lynn Shore Drive
Lynn, Mass . 01902
RE : 315-317 Essex Street
Dear Ms . Filipiak:
This office received complaints concerning loose
bricks on the chimneys above the roof at the above
mentioned location. An inspection was conducted on
October 1 , 1996 by this department to confirm the
complaint .
Please contact a masonry contractor and have the
necessary repairs completed as soon as possible. This
office considers these chimneys , under there present
condition a safety hazard.
Please contact this office upon receipt of this
letter to inform us as of your course of action in this
matter . Failure to do so will result in legal action
being taken against you.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Bui dings
LET: scm
cc : Councillor Donahue, Ward 3
_ _ _ . . . _ .
���9� � . e
' ,1^/ ,, CdQol
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G�" ` c��
SENDER:
CI also wish to receive the
Complete items 1 and/or 2 for additional services.
• Complete items 3,and 4a&le following services(for an extra fee):
• Print your name and address on the reverse of this form so that we can return this cad
to you. 1. ❑ Addressee's Address
• Attach this form to the front of the mailpiece,or on the back if space does not permit.
• write"Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered to and the
date of delivery. Consult postmaster for fee.
3.Article Addressed to: 4a.Article Number
P 921 991 699
3hirio;/ t�1li�tiais
300 Lynn Shore Drive T7�?p0 ��t 4b.Service Type
Lynn, t 1nam• 01 QG2
• "� G � CERTIFIED
AL � ,�� 7.Date of Delivery
f
i5.Signature (A essee) 8.Addressee's Address
(ONLY if requested and fee paid.)
6.Signature—(Agent)
PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT
United States Postal Service II I I II
Official Business
PENALTY FOR PRIVATE
USE,$300
Illmu�lll�lnlu��llwull�lu�lul���lnllu�ll
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
City of �ttlem, fttssar4usetts
gg Publir Propertg Department
iguililing Department
(Pne 2+ntem (green
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer March 29, 1995
Shirley Filipiak '
300 Lynn Shore Drive N300
Lynn, Massachusetts 01902
RE: 315 Essex Street
Dear Mrs. Filipiak:
This office has received complaints concerning a sign with a continuous
blinking light at the above mentioned property. This sign is illegal per the
City of Salem Sign Ordinance, Section 3-55 paragraph C. Please have said sign
removed.
Please contact this office upon receipt of this letter as to inform us as
to your course of action. Failure to do so will result in legal action being
taken against you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Build ngs
LET: scm
cc: David Shea
Councillor Harvey, ward 2
Certified Mail S P 921 991 699
_ l'.
ARTICLE
P 921 991 699
UNE 1. - NUMBER
Shirley Filipiak
300 Lynn Shore Drive N300
Lynn, Mass. 01902
t FOLD AT PERFORATION pre, WALZ
INSERT IN STANDARD#10 WINDOW ENVELOPE. , E E R.T 1 F I E D
M A I L E R TM
POSTAGE ., POSTMARK OR DATE
RETURN SHOW TO WHOM,DATE AND/ RESTRICTED
RECEIPT ADDRESS OF DELIVERY CELIVERV p{.
CERTIFIED FEE+RETURN RECEIPT
SERVICE w"0
q„ TOTAL POSTAGE AND FEES '. ..✓ J>W
NO W E PROVIDED- ..+"'� `
SENT TO: NOT FOR MTERNATONAL MIL LL^
rUM.
a
Rz
Shirley r iliPiak
� '- 300 Lynn Shore DriVe R300 wLL
Lynn, Mass. 01402 yo
N y�
Er w
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PS FORM 3800 * z
RECEIPT FOR CERTIFIED MAIL t2
L a
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 of the
F article,leaving the receipt attached,and present the article at a post office service window or hand
it to your rural carrier(no extra charge).
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
permits.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 receipt.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 inquiry.
l , CITY OF SALEM9 MASSACHUSETTS C11 Y Of= ALEM. MA
+ i BOARD OF APPEAL CLERKS OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 270 (
IIJ
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 AUG �2 A II' 22
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF PAXTON SILVA REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 317 ESSEX STREET R-2
A hearing on this petition was held on July 20, 2005 with the following Board Members
present: Nina Cohen, Chairman, Nicholas Helides, Steven Pinto,Ed Moriarty and Bonnie
Belair. 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 to allow an existing non-conforming use to be
converted to a Hair Salon for the property located at 317 Essex Street in an R-2 zone.
When reviewing Special Permit requests the Board is 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.
The Board of Appeal, after careful consideration of the evidence presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. The Petitioner, Paxton Silva requests this Board to allow an existing non-
conforming use to be converted into a hair salon.
2. There will be no change to the footprint of the structure, only interior renovations.
3. The Petitioner has satisfied the requirements relative to parking. There are two
spaces required for the size of the business and his lease arrangement provides him with
the required two spaces.
4. Mr. Chris Silva, brother of the Petitioner and Salem business owner spoke in favor
of allowing the Special Permit.
5. Mr. Kearney, 1 Cambridge Street an abutter spoke against the allowance of the
petition primarily due to parking concerns in the neighborhood.
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. 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.
DECISION OF THE PETITION OF PAXTON SILVER REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 315-317 ESSEX STREET R-2
page two
2. The Special Permit 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 4-1 with the following Board Members
voting in favor: Nina Cohen,Nicholas Helides, Steven Pinto, and Ed Moriarty. Bonnie
Belair voted in opposition to the Special Permit request.
The Special Permit was granted subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner shall obtain building permit prior to beginning any construction.
4. A Certificate of Occupancy is to be obtained.
5. All conditions imposed upon this property by the Licensing Board or any other
Board shall be brought into compliance prior to the issuance of the Special Permit.
6. The Special Permit is granted to this applicant is for this business only; any future
use would be subject to another Special Permit.
Special Permit Granted G�. I✓h/�tC 2 �i,/yi
July 20, 2005 Bonnie Belair
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING
BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General laws Chapter 40A, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the
Certification of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that it has been dismissed or denied is recorded
in the South Essex Registry of Deeds and indexed under the name or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3" FLOOR
TEL. (978) 745-9595
FAX(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS STTIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
May 7, 2010
Mr. Morris Schopf
Schopf Design Associates
One Cambridge Street
Salem, Ma. 01970
RE: 315-317 Essex Street
Dear Mr. Schopf,
We are issuing a "Demolition Only" permit for the proposed project at the
above address and this permit will allow you to demolish the existing storefront and to
expose the existing framing for a Structural Engineer's Chapter 34 report.
No new work shall be done until a full Building Permit is issued.
In order to review the application for Building Permit I will need the following information:
• A Structural Engirmer's report per Chapter 34 (Level 2 Work)
• Plans which clearly indicate the proposed layout of the building with new and
existing construction clearly identified.
• Scaleable plans showing the length of travel from all units served by only one
means of egress
• Details showing proposed wall and floor/ceiling assemblies with fire rating
and STC ratings indicated
• Details showing proposed wall, floor and roof insulation
• ComChek software printout showing compliance with current energy codes
SinC�re
Tho as McGrath AIA
Assistant Building Inspector
SDA Schopf Design Associates
Architecture. Interior Design. Documentation. Construction Administration
One Cambridge Street
Salem,Massachusetts
01970
978-741-0410
November 23, 2010
Tom McGrath, Asst. Building Inspector
Public Properties Department
120 Washington St., 3rd Floor, Salem, MA 01970
Construction Control Report#2 11-23-10
Building Permit# 825-10 --315-317 Essex Street, Salem, MA
I have visited the site at least once per week since the last report on October 13, 2010.
During the past month the following work has been completed.
1. The structural framing of the front facade of the building is complete.
2. The framing of the additions at floor 2 and 3 in the rear of the building have been
completed.
3. The reconstruction of all soffits and fascias has been completed.
4. The instillation of a new roof on the entire building is complete.
5. Rough framing on floor One remains at 80%
6. Rough framing on floor Two is approximately 40% complete
7. Rough framing on floor Three is at approximately 10%.
If the approved windows are delivered to the site, then the instillation of same will
precede any interior construction so that the building will be enclosed and heated during
the winter.
I would anticipate the reconstruction of the front of the building along with completion of
the interior rough framing will be completed during the next Month.
If you have any questions please feel free to give me a call.
Respectfully:
Monis Schopf, RA Ma 5125
Schopf Design Associates
Cc: Arthur Chou, PE
Ray Young
`i
SDA Schopf Design Associates
Architecture. Interior Design. Documentation. Construction Administration
One Cambridge Street
Salem,Massachusetts
01970
978-741-0410
November 23, 2010
Tom McGrath,Asst. Building Inspector
Public Properties Department
120 Washington St., 3rd Floor, Salem, MA 01970
Construction Control Report #2 11-23-10
Building Permit#825-10 —315-317 Essex Street, Salem, MA
I have visited the site at least once per week since the last report on October 13, 2010.
During the past month the following work has been completed.
1. The structural framing of the front fapade of the building is complete.
2. The framing of the additions at floor 2 and 3 in the rear of the building have been
completed.
3. The reconstruction of all soffits and fascias has been completed.
4. The instillation of a new roof on the entire building is complete.
5. Rough framing on floor One remains at 80%
6. Rough framing on floor Two is approximately 40% complete
7. Rough framing on floor Three is at approximately 10%.
If the approved windows are delivered to the site, then the instillation of same will
precede any interior construction so that the building will be enclosed and heated during
the winter.
I would anticipate the reconstruction of the front of the building along with completion of
the interior rough framing will be completed during the next Month.
If you have any questions please feel free to give me a call.
Respectfully:
Moms Schopf, RA Ma 5125
Schopf Design Associates
Cc: Arthur Choo, PE
Ray Young
' ARTHUR CHOO ASSOCIATES INC., CONSULTING ENGINEERS
/ ONE BILLINGS ROAD, QUINCY, MASSACHUSETTS 02171
OFFICE (617) 328-3320 FAX (617) 786-7715
4
June 8,2011
Tom McGrath, Asst. Building Inspector
Public Properties Department
120 Washington St., 3rd Floor, Salem, MA 01970
3408—Level 2 Structural Review—Building
Permit#825-10--315-317 Essex Street,Salem,MA
Dear Mr. McGrath:
On July 16, 2010 I submitted the results of my structural investigation as required by section 3408 for the
wood frame structure at 315-317 Essex Street, Salem, Massachusetts.
On June 8,20111 examined the structural alterations and additions at 315-317 Essex Street, Salem,
Massachusetts
In compliance with section 3408.6.3 of the Massachusetts 7`h Edition of the Building Code in force at the
time the permit was issued I provide the following evaluation:
A. 3408.6.2.2.1 Foundation and Geo-technical Explorations—Level 2 Work.
The scope of work for this Project did not involve any additional gravity loads, shear walls or
vertical frames and there is no indication of settlement or lateral movement of basement walls of
foundations after the completion of the current renovations.
B.3408.6.2.3 Structural Evaluation of the Existing Building
While the existing floor Joists were in compliance with the code at the time of the construction of
the building. At your discursion you required these assemblies to be supplemented in compliance
with the current code. I have reviewed the additional beams in the long-span areas of the building.
With the addition of these beams the floor assemblies comply with the current building code.
D.Hazardous Conditions
A. Storefront reconstruction
The storefront reconstruction meets the requirements set out on May
19/May 2010 and is in compliance with the requirements of the building code.
B.Floor framing at the rear of the one story addition floor 1.
All of the water damaged members were replaced as was the floor
assembly and is in compliance with the requirements of the building code.
l
C.Existing roof framing
All of the existing roof framing was either replaced or reinforced and is in compliance
with the requirements of the building code.
E.Additional Construction.
I have examined the changes and additions to walls, floors and roofs and they are in compliance
with the recommendations of my review under 3408.6.2.3.3. of the building code.No changes
have occurred in lateral loading as a result of the new construction.
The new construction on Floors 2 and 3 are in compliance with the requirements of the building
code.
F. Construction beyond the Scope of original Requirements.
In addition to the new work and additional structural members required by my original review; it
should be noted that virtually all interior bearing wall and posted wood frame assemblies have
been replaced with new construction. I have reviewed all of these additional assemblies and they
are in compliance with the requirements of the building code.
I have visited the site, reviewed the conditions in the field, and certify that the structural
Assemblies both new and additional at 315-317 Essex Street, Salem, MA are in substantial compliance
with the 7h Edition of the Massachusetts Building Code under which the permit was issued.
Arthur Choo Associates, Inc.
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OND1r1.Ao CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
n 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
Doi
FAX: 978-740-9846
KIMBERLEY DRISCOLL March 31, 2010 ZT0 I'11R 31 P 3: 11
MAYOR
Decision 1
C.11 y
City of Salem Zoning Board of Appeals
Petition of 315-317 ESSEX STREET SALEM LLC, seeking a Special Permit to
change the current nonconforming uses in the building (13-room lodging house and
office space) to another nonconforming use (six two-bedroom residential units), and
seeking a Variance from height (number of stories) to construct two dormers on the
property located at 315-317 ESSEX STREET, Salem, MA (R-2).
A public hearing on the above Petition was opened on March 17, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on March 17, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
' Bonnie Belair, and Beth Debski.
Petitioner seeks a Special Permit pursuant to Section 3.3.2 and a Variance pursuant to
Section 4.1.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Attorney George Atkins represented the petitioner at the hearing.
2. Stephen Morris is the owner of the property. Raymond Young, Manager of 315-
3 17 Essex Street Salem LLC, has the property under agreement to purchase.
3. The property at 315-317 Essex Street currently contains thirteen (13) licensed
rooming house rooms on the second and third floors and office space on the first
floor. Both uses are nonconforming uses in the R-2 zoning district.
4. In a decision dated April 17, 2009, the Board granted petitioner's request for a
Special Permit to convert the office space on the first floor to residential units
(petitioner had requested five units; the Board granted the Special Permit for
three). This decision was subsequently appealed and remains under appeal as of
the writing of this decision.
5. In a petition dated February 26, 2010, petitioner requested a Special Permit to
convert the entire building to six (6) residential units and a Variance for
dimensional relief to construct dormers.
6. At the March 17, 2010 hearing, Attorney John Carr spoke in support of the
petition, noting that he represented the abutters who had brought forward the
appeal of the previous Special Permit. He stated that the abutters he represented
had been working with Raymond Young, the property owner, and Attorney
Atkins to work out an acceptable solution, and this petition was the result. He
also stated his opinion that this project would be less detrimental to the
neighborhood than the current use. Attorney Carr further stated that the appeal
would be withdrawn if the current petition passed.
7. Also at the March 17 hearing, Ward 3 Councillor Jean Pelletier, 7 Lawrence
Street, and resident Ted Richard, 10 Summer Street, spoke in support of the
petition. No one spoke in opposition.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, as the residential density would be
reduced from its current level, the non-conforming commercial uses
currently allowed would be replaced by residential only, and sufficient
parking is provided.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to convert the lodging house and office space to six (6) residential
units, and to construct the proposed dormers, all of which is consistent
with the intent and purpose of the City of Salem Zoning Ordinance.
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow for the change in use from a lodging
house and office space to six (6) residential units.
2. A Variance is granted to allow for the construction of two dormers.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Stein,
Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests for a
Special Permit and a Variance subject to the following terms, conditions, and
safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
2. All construction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner. Submitted plan is titled,
"315-317 Essex Street Condominium—Six 2 Bedroom Units," dated
3
2/10/10, and prepared by SDA/Schopf Design Associates, One Cambridge
Street, Salem, MA 01970.
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. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s) located on the subject property to an extent of
more than fifty percent (50%) of its floor area of more than fifty percent
(50%) of its replacement cost at the time of destruction. If the structure is
demolished by any means to an extent of more than fifty percent (50%) of
its replacement cost or more than fifty percent,(50%) of its floor area at
the time of destruction, it shall not be reconstructed except in conformity
with the provisions of the Ordinance.
9. This decision takes precedence over any decisions previously granted by
the Board of Appeals.
Robin Stein, Chair
Salem Board of Appeals
A COPY OF TI IIS DECISION I-IAS BEEN FILED W IT I"IIIE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
315-317 ESSEX STREET 85-11
GIs#: 104z7I 'll COMMONWEALTH OF MASSACHUSETTS
Map: 26di
Block: ;f CITY OF SALEM
Lot: 0473' ;ay�
Category:- -` RENOVATIONS P,
Perrrlrt# 85_11i i =, 4=°; BUILDING PERMIT
Project# "i. JS-2011-000079 .` Z
Est. Cost: $255,000.00
Fee Charged:', $2,810.00 * ° t`sa'
Balance Due: $.00 1 pERMISSIONIS HEREBY GRANTED TO:
Const'Class nE: - Contractor., License: Expires
Use Group:,f IP' ;om-
i`� Colonial Remodeling Corp General Contractor-73793
Lot Srze(sq.ft.): 9689.922 X04'
Zomngi' R2 r ..r.,r;,::Owner: 315-317 ESSEX ST REALTY TRUST LLC
Units Gamed: j. ,r„x, Applicant: Colonial Remodeling Corp
Units Lost: . ”, pd:_ .'AT. 315-317 ESSEX STREET
Dig Safe#:
ISSUED ON: 26-Jul-2010 AMENDED ON: EXPIRES ON: 26-Jan-2011
TO PERFORM THE FOLLOWING WORK:
RENOVATIONS TO CREATE(6)SIX CONDO UNITS AS PER PLANS jbh
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water: Alarm:
Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY 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-2011-000097 26-Jul-10 x $2,810.00
GeoTMS@ 2010 Des Lauriers Municipal Solutions,Inc.
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CITY OF SALEM
BUILDING PERMIT
315=317 ESSEX STREET 86-11
GIS#: 10427 r COMMONWEALTH OF MASSACHUSETTS
Map: 26 ;3: t
Block: , . . CITY OF SALEM
Lot: 0473 i- V Qx
Category: RENOVATIONS;'
Permit# 86-11 'v"Iib %� `�� BUILDING PERMIT
Project# JS-2011-000079
Est. Cost: „ iE�sr`F
Fee Charged:
Balance Due: $00 ;'.f+ . PERMISSION IS HEREBY GRANTED TO:
Const.Class:
Contractar: License: Expires
Use Group: .. Colonial Remodeling Corp
Lot Size(sq. ft) 9689 922 R A Owner: 315-317 ESSEX ST REALTY TRUST LLC
Zoning + ,a R2, WMAg;-°` '
Units Gained: Applicant: Colonial Remodeling Corp
Units Lost: , AT: 315-317ESSEX STREET
DigSafe#:
ISSUED ON: 27-Iu1-2010 AMENDED ON. EXPIRES ON: 27-Ian-2011
TO PERFORM THE FOLLOWING WORK:
RENOVATIONS TO CREATE(6)SIX CONDO UNITS AS PER PLANS jbh REFER TO PERMIT#85-11 (UNIT# 1)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water: Alarm:
Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY 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-2011-000099 27-Jul-10 x $0.00
GeoTMS®2010 Des Lauriers Municipal Solutions,Inc.
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GIS#. 10427 W��i COMMONWEALTH OF MASSACHUSETTS
Map: 26
Block: x. CITY OF SALEM
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Permit# 87-11 BUILDING PERMIT
Project#7-' JS-2011-000079 k
Est. Cost:
Fee Charged: . $0.00 W ,
Balance Due: '_ $.00 PERMISSION IS HEREBY GRANTED TO:
Const. Class: ' Contractor: License: Expires
Use Group:to ,. .ed _ ::;j Colonial Remodeling Corp
Lot Size(sq. ft.): 9689.922
Zoning: 4"", R2Owner: 315-317 ESSEX ST REALTY TRUST LLC
Units Gained: Applicant: Colonial Remodeling Corp
Umts Lost:, Old Al. ;,r n AT: 315-317 ESSEX STREET
Dig Safe#: t
ISSUED ON: 27-Jul-2010 AMENDED ON EXPIRES ON: 27-Jan-2011
TO PERFORM THE FOLLOWING WORK:
RENOVATIONS TO CREATE(6)SIX CONDO UNITS AS PER PLANS jbh REFER TO#85-11 (UNIT#2)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water: Alarm:
Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY 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:
Builing REC-201 1-000100 27-Jul-10 x $0.00
GeoTMS®2010 Des Lauriers Municipal Solutions,Inc.
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BUILDING PERMIT
315-317 ESSEX STREET 88-11
GIS#: 10427 ` COMMONWEALTH OF MASSACHUSETTS
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Biock.�i-.- �->. ,,� CITY OF SALEM
Lot: 0473 a�mA p
Category: RENOVATIONS til
Permit#2' 88-11n :.:.. BUILDING PERMIT
Project# _. JS-2011 000079'-_"'"
Est. Cost:
J.
Fee Charged: $0.00
Balance Due: $.00 ° k .� -i M; PERMISSION IS HEREBY GRANTED TO:
Const.Class: " ' '
Contractor: License: Expires
Use Group: ._ �ta Colonial Remodeling Corp
Lot Size(sq. It): 9689.922 l,v { n
Zoning. � i R2 „�& : ,r
Owner: 315-317 ESSEX ST REALTY TRUST LLC
?`
Units Gained: Applicant: 315-317 ESSEX ST REALTY TRUST LLC
Units Lost:, _JAT. 315-317 ESSEX STREET
ISSUED ON. 27-Jul-2010 AMENDED ON: EXPIRES ON: 27-Jan-2011
TO PERFORM THE FOLLOWING WORK:
RENOVATIONS TO CREATE(6) SIX CONDO UNITS AS PER PLANS jbh REFER TO#85-11 (UNIT#3)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water: Alarm:
Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY 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-2011-000101 27-Jul-10 x $0.00
GeoTMS®2010 Des Lauriers Municipal Solutions,Inc.
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315-317 ESSEX STREET 89-11
GIs#: 10427 COMMONWEALTH OF MASSACHUSETTS
Map: 26 a T. c.
Block: ! CITY OF SALEM
Lot: 0473
Category: RENOVATIONS "a;l
Pet# 89711 t.` ;� BUILDING PERMIT
Project# JS-2011-006079::-
Est. Cost: s
Fee Charged: $0.00 �
Balance Dne $.00 ,:'� '� ' " ; ��i PERMISSION IS HEREB Y GRANTED TO:
Const.Class: ,, 1N . _,� Contractor: License: Expires
Use Group: ';1 Colonial Remodeling Corp
Lot Size(sq:ft-): 9689.9220-A h
N.': ;i R2
Owner: 315-317 ESSEX ST REALTY TRUST LLC
Zoning
Units Gamed:" " Applicant: Colonial Remodeling Corp
Units Lost: AT: 315-317 ESSEX STREET
Dig Safe#: "'_ +Nip
ISSUED ON. 27-Jul-2010 AMENDED ON: EXPIRES ON: 27-Jan-2011
TO PERFORM THE FOLLOWING WORK:
RENOVATIONS TO CREATE(6)SIX CONDO UNITS AS PER PLANS jbh REFER TO#85-11 (UNIT#4)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water: Alarm:
Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY 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-2011-000102 27-Jul-10 x $0.00
GeoTMS®2010 Des Lauriers Municipal Solutions,Inc.
41
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CITY OF SALEM
BUILDING PERMIT
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315-317 ESSEX STREET 90-11
GIS#: 10427 ` ,,,X ;:, COMMONWEALTH OF MASSACHUSETTS
Map: 26
$lOek; 4, CITY OF SALEM
Lot:; -r, 0473:-,-40—
Category: "` RENOVATIONS"'
Pemut# 90.11 _ : ' :, BUILDING PERMIT
Piolect# 75' JS-2011'000079
Est. Cost: `
Fee Charged: $0.00
Balance Due:; $.007tfi� PERMISSION IS HEREBY GRANTED TO:
Const.Class:; , , + .^�,1 ),1 Contractor: License: Expires
Use Group: Colonial Remodeling Corp
Lot Size(sq. fr.): 9689.922,::,',, k µ Owner., 315-317 ESSEX ST REALTY TRUST LLC
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Zoning: . - . � R2:' n,.•_ # „..
Units Gained:` ;i'rF"; 'Applicant: Colonial Remodeling Corp
Units Lost: . ' '- 7A T: 315-317 ESSEX STREET
Dig Safe#: 1
ISSUED ON: 27-Jul-2010 AMENDED ON: EXPIRES ON: 27-Jan-2011
TO PERFORM THF, FOLLOWING WORK:
RENOVATIONS TO CREATE(6)SIX CONDO UNITS AS PER PLANS jbh REFER TO#85-11 (UNIT#5)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House p Smoke:
Treasury:
Water: Alarm: Assessor
Sewer: Sprinklers: Final:
THIS PERMIT MAY 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-2011-000103 27-Jul-10 x $0"00
GeoTMS@ 2010 Des Lauriers Municipal Solutions,Inc.
MAS
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CITY OF SALEM
BUILDING PERMIT
315-317 ESSEX STREET 91-11
GIS#: 10427 " _ COMMONWEALTH OF MASSACHUSETTS
Bok " 26 ;t r ; CITY OF SALEM
Lot ;'; 0473' ,
Category. "'r RENOVATIONS;q
remit# 91-11
BUILDING PERMIT
Piolect# JS-2011-000079 i`!':"
Est. Cost: IV
Fee Charged " $0 00111;=z .
v.
Balance Due : $.00 4 , PERMISSION IS HEREBY GRANTED TO:
Const Class:, Contractor: License: Expires
Use Group:•t' ' ` °11'j' . ... Colonial Remodeling Corp
Lot Size(sq.'ft.): 9689.922 t T Owner: 315-317 ESSEX ST REALTY TRUST LLC
Zoning:. R2%' s
UnitsGained: iJApplicant: Colonial Remodeling Corp
Units Lost: ;'� ]AT: 315-317 ESSEX STREET
Dig Safe#ire c"*a `
ISSUED ON: 27-Jul-2010 AMENDED ON.- EXPIRES ON.- 27-Jan-2011
TO PERFORM THE FOLLOWING WORK:
RENOVATIONS TO CREATE(6)SIX CONDO UNITS AS PER PLANS jbh REFER TO#85-11 (UNIT#6)
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Water: Alarm: Assessor Treasury:
Sewer: Sprinklers: Final:
THIS PERMIT MAY 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-2011-000104 27-Jul-10 x $0.00
GeoTMSB 2010 Des Loaders Municipal Solutions,Inc.
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CITY OF SALEM
BUILDING PERMIT
^ Y
SDA Schopf Design Associates
Architecture. Interior Design. Documentation. Construction Administration
One Cambridge Street
Salem,Massachusetts
01970
978-741-0410
April 9, 2011
Tom McGrath, Asst. Building Inspector
Public Properties Department
120 Washington St., 3rd Floor, Salem, MA 01970
Construction Control Report#4 4-10-11
Building Permit#825-10 --315-317 Essex Street, Salem, MA
I have visited the site at least once per week since the last report on January 20, 2010.
During the past 60 days the following work has been completed.
1. Siding is installed on 80% of the balance of the house.
2. Rough framing on floor one is 100%complete.
3. Rough framing on floor Two is 100% complete
4. Rough framing on floor Three is at approximately 95%.
Using temporary heat the HVAC subcontractor and the electrician have begun instillation
of their various equipment. I would estimate that the HVAC is 50% complete and the
electrical 20% complete.
I would estimate that rough inspections might be requested sometime around May 15,
2011. With only two guys essentially doing all the work it could take even more time to
complete rough plumbing, electrical and mechanical on this Project. If you have any
questions please feel free to give me a call.
{�k
Respectfully
a). q
Morris Schopf,RA Ma 5125
Schopf Design Associates
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Ray Young
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CITY OF SALEM
BUILDING PERMIT
studio SDA Schopf Design Associates
One Cambridge Street
Salem,Massachusetts
01970
Michael Lutrzvkowski, Assistant Building Inspector
City of Salem Inspectional Services
120 Washington St., 3rd Floor
Salem, MA 01970
RE: Egress Paths at 315 Essex Street.
The building is fully sprinkled and equipped with an automatic reporting alarm
system. The actual building is much smaller than the footprint and number of floors
permitted by the Massachusetts State Building Code. Common corridors and entrance
door assemblies meet the requirements for rated assemblies.
Unit 1 (ground floor right side)
Unit 1 meets the "within 50' of an exit to the exterior of the building and all
sleeping rooms are equipped with egress windows.
It also has two means of egress at either end of the common corridor. The first is
in the vestibule where the entrance to Unit 1 is located and the second is up the
stairs along the second floor common corridor and down the stairs at the rear
exiting to the rear parking lot area.
All travel distances are well within the code requirements.
Unit 2 (ground floor left side)
Unit 2 meets the "within 50' of an exit" to the exterior of the building and all
sleeping rooms are equipped with egress windows.
It also has two means of egress at either end of the common corridor. The first is
in the vestibule where the entrance to Unit 1 is located and the second is up the
stairs along the second floor common corridor and down the stairs at the rear
exiting to the rear parking lot area.
All travel distances are well within the code requirements.
Unit 3 (ground floor rear)
Unit 3 has an exit directly to the exterior of the building and all sleeping rooms
are equipped with egress windows.
All travel distances are well within the code requirements.
i�
Ts
Unit 4 (second floor front)
Unit 4 has two means of egress at either end of the common corridor. The first is
down the front stairs to the vestibule and the second is down the stairs along the
second floor common corridor and down the stairs at the rear exiting to the rear
parking lot area. All sleeping rooms are equipped with egress windows.
All travel distances are well within the code requirements.
Unit 5 (second/third floor duplex rear left)
Unit 5 has two means of egress at either end of the common corridor. The first is
down the front stairs to the vestibule and the second is down the stairs along the
second floor common corridor and down the stairs at the rear exiting to the rear
parking lot area. All sleeping rooms are equipped with egress windows.
All travel distances are well within the code requirements.
Unit 5 (second/third floor duplex rear right)
Unit 5 has two means of egress at either end of the common corridor. The first is
down the front stairs to the vestibule and the second is down the stairs along the
second floor common corridor and down the stairs at the rear exiting to the rear
parking lot area. All sleeping rooms are equipped with egress windows.
All travel distances are well within the code requirements
I hope this answers any questions about the egress at 315 Essex Street.
c �
!. C .n1A
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47,
Morris Schopf, RA
Studio SDA— Schopf Design Assocites
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.709 ' f A "i: OS SUPERIOR COURT
CIVIL ACTION NO: 2_069'- 135 � C
ERIC P. HAYES and DOROTHY M. HAYES, )
PLAINTIFFS )
V. )
STEPHEN P. MORRIS, LINDA J. MORRIS, and
FOR THL C iR (-Pum
REBECCA CURRAN, RICHARD DIONNE, ANNIE 0
OF ESSEX
HARRIS, JIMMY TSITSINOS, BETH DEBSKI, ROBIN ) ,JUL 7 2oug
STEIN, and BONNIE BELAIR, BEING REGULAR and )
ALTERNATE MEMBERS OF THE ZONING BOARD
OF APPEALS OF THE CITY OF SALEM, ) CLERK
MASSACHUSETTS, )
DEFENDANTS )
COMPLAINT PURSUANT TO M.G.L. CHAPTER 40A, SECTION 17
APPEALING/CHALLENGING THE APRIL 17,2009 DECISION OF THE
SALEM BOARD OF APPEALS REGARDING 315-317 ESSEX STREET,
SALEM, MASSACHUSETTS DUE TO LACK OF NOTICE
The Plaintiffs, Eric P. Hayes and Dorothy M. Hayes, are two of nine Plaintiffs who on
May 8, 2009 filed a timely civil action with this Court,entitled Sue Weaver Schopf, et. al. v.
Stephen P. Morris, et. al., Essex Superior Court Docket No. 2009-860A, appealing the April 17,
2009 Decision of the Salem Zoning Board of Appeals (hereinafter"ZBA"or"the Board")
granting a Special Permit to Stephen P. Morris to allow for a change from one non-conforming
use to another non-conforming use at 315-317 Essex Street, Salem, Massachusetts on the
grounds that said ZBA Decision was arbitrary, capricious,unreasonable, violated due process,
exceeded the Board's authority, was based on legally and factually untenable grounds, and was
wrong as a matter of law.
This is a separate action pursuant to the provisions of Section 17 of Chapter 40A of the
Massachusetts General Laws wherein the within Plaintiffs, Eric P. Hayes and Dorothy M. Hayes
are additionally appealing/challenging said April 17, 2009 ZBA Decision on the grounds that
they did not receive the requisite notice to which they were entitled as a matter of law, and as
such, they additionally contend that said ZBA Decision was likewise arbitrary, capricious,
unreasonable, violated due process, exceeded the Board's authority, was based on legally and
factually untenable grounds, and was wrong as a matter of law.
A certified copy of said April 17, 2009 Decision is attached hereto as Exhibit_
E A.
JUL 2 2 2009
U PT. Ch P!Afl,%C,Z
CO;.Iiel N1 Y'OE.'ELON)91T
PARTIES
Plaintiffs
1. Plaintiff, Eric P. Hayes, owns(with his wife, Dorothy M. Hayes) and resides at 329 Essex
Street, Salem, Massachusetts 01970, and,is the former owner(also with his wife, Dorothy
M. Hayes)of Unit No. 4, 324-328 Essex Street, Salem, Massachusetts 01970, both of
which properties are located within the 300 foot notice requirement of the Salem Zoning
Ordinance.
2. Plaintiff, Dorothy M. Hayes, owns (with her husband, Eric P. Hayes) and resides at 329
Essex Street, Salem, Massachusetts 01970, and is the former owner(also with her
husband, Eric P. Hayes) of Unit No. 4, 324-328 Essex Street, Salem, Massachusetts
01970, both of which properties are located within the 300 foot notice requirement of the
Salem Zoning Ordinance.
Defendants
3. Defendant, Stephen P. Morris, who resides at 84 Ipswich Road, Boxford, Massachusetts
01921, is a co-owner of 315-317 Essex Street, Salem, Massachusetts 01970, and is the
petitioner/beneficiary of the April 17, 2009 Decision of the Salem ZBA herewith being
appealed..
4. Defendant, Linda J. Morris, who resides at 84 Ipswich Road, Boxford, Massachusetts
01921, is the co-owner of 315-317 Essex Street, Salem, Massachusetts 01970.
5. Defendant, Rebecca Curran, who resides at 14 Clifton Avenue, Salem, Massachusetts
01970, is a regular member of the Salem ZBA who voted to grant said Special Permit at
the April 15, 2009 hearing of the Salem ZBA on Mr. Morris' Petition.
6. Defendant, Richard Dionne, who resides at 23 Gardner Street, Salem, Massachusetts
01970, is a regular member of the Salem ZBA who voted to grant said Special Permit at
the April 15,2009 hearing of the Salem ZBA on Mr. Moms' Petition.
. 7. Defendant,Annie Harris, who resides at 28 Chestnut Street, Salem, Massachusetts 01970,
is a regular member of the Salem ZBA who voted to grant said Special Permit at the
April 15, 2009 hearing of the Salem ZBA on Mr. Morris' Petition.
8. Defendant, Jimmy Tsitsinos, also known as James Tsitsinos, who resides at 6C Wharf
Street, Salem, Massachusetts 01970, is an alternate member of the Salem ZBA who voted
to grant said Special Permit at the April 15, 2009 hearing of the Salem ZBA on Mr.
Morris' Petition.
9. Defendant, Beth Debski, also known as Elizabeth Debski, who resides at 43 Calumet
Street, Salem, Massachusetts 01970, is a regular member of the Salem ZBA, who did not
participate in the April 15, 2009 vote on Mr. Morris' Petition.
- 2 -
10. Defendant, Robin Stein, who resides at 141 Fort Avenue, Salem, Massachusetts 01970, is
a regular member and the chairwoman of the Salem ZBA, who did not participate in the
April 15, 2009 vote on Mr. Morris' Petition.
11. Defendant, Bonnie Belair, whose mailing address is P.O. Box 685, Salem, Massachusetts
01970, is an alternate member of the Salem ZBA who did not participate in the April 15,
2009 vote on Mr. Moms' Petition. (This is the only address available for Ms. Belair at
the office of the Salem ZBA.)
12. The within Plaintiffs have standing to bring this action, as they are substantially
aggrieved by the lack of notice (to which they were entitled as a matter of law)resulting
in the April 17, 2009 Decision of the Salem ZBA granting said Special Permit.
JURISDICTION
13. This Court has jurisdiction over this matter pursuant to Section 17 of Chapter 40A of the
Massachusetts General Laws.
14. This case is timely, as it has been filed within ninety(90) days from April 22, 2009,
which is when the April 17, 2009 Decision of the Salem ZBA was filed with the Salem
City Clerk.
PROCEDURAL HISTORY AND FACTUAL ALLEGATIONS
15. On or about February 2, 2009, Defendant Stephen P. Morris filed a Petition for a Special
Permit with the Salem ZBA seeking a"change of non-conforming use from a
photography studio to five(5)professional offices" on the first floor of the 315-317
Essex Street property, which proposed office use was also non-conforming.
16. In connection with said Petition,the Salem City Assessor prepared a document entitled
Assessor's Certification Of Abutters And"Parties In Interest" (hereinafter"Assessor's
Certification")on February 2,2009, which Assessor's Certification expressly included
"Abutters within 300 feet"to be"Parties in Interest."
17. Said February 2, 2009 Assessor's Certification certified 329 Essex Street, Salem,
Massachusetts to be within 300 feet of 315-317 Essex Street, Salem, Massachusetts, and
listed its owner as follows:
26_0483_0
Braunstein William Peter
329 Essex Street
Salem, MA 01970
3
18. Said February 2, 2009 Assessor's Certification also certified 324 Essex Street, Salem,
Massachusetts to be within 300 feet of 315-317 Essex Street, Salem, Massachusetts, and
listed its owner as follows:
26_0521_804
Hayes Eric P.
324 Essex Street U4
Salem, MA 01970
19. In June of 2008, the Plaintiffs sold Unit No. 4, 324-328 Essex Street, Salem,
Massachusetts 01970, which deed was recorded on June 27, 2008 at the Essex South
Registry of Deeds at Book 27880, Page 519.
20. In July of 2009 the Plaintiffs purchased 329 Essex Street, Salem, Massachusetts 01970
from William Peter Braunstein, which deed was recorded on July 18, 2008 at the Essex
South Registry of Deeds at Book 27923, Page 566.
21. A hearing on Mr. Morris'February 2, 2009 Petition was held before the Salem ZBA on
February 18, 2009, and was continued to its regular meeting on April 15, 2009.
22. Plaintiffs, Eric P. Hayes and Dorothy M. Hayes, never received actual or written notice of
either the February 18, 2009 or the April 15, 2009 ZBA hearings, either at their current
address of 329 Essex Street, Salem, Massachusetts 01970, or forwarded from their former
address of Unit No. 4, 324-328 Essex Street, Salem, Massachusetts 01970.
23. The first Mr. & Mrs. Hayes became aware of Mr. Moms' February 2, 2009 Petition, the
February 18, 2009 and April 15, 2009 ZBA hearings, and the April 17, 2009 ZBA
Decision, was after said Decision.
24. As to the following Count I, the Plaintiffs reaffirm, re-allege, and incorporate all of the
prior allegations contained in paragraphs 1-23 inclusive above.
ARGUMENT
COUNTI
Plaintiffs Eric P. Hayes and Dorothy M. Hayes did
not receive notice of the February 18,2009 and the
April 15,2009 hearings on Mr. Morris' Petition.
25. As owners of real estate within the 300 foot notice requirement of the Salem Zoning
Ordinance, Plaintiffs Eric P. Hayes and Dorothy M. Hayes were entitled as a matter of
law to receive direct written notice from the Salem ZBA of the February 18, 2009 and
April 15, 2009 hearings on Mr. Morris' Petition for a Special Permit concerning 315-317
Essex Street.
4
26. Said Plaintiffs did not receive direct written notice, either at their current address of 329
Essex Street, Salem, Massachusetts 01970, which they have owned since July 18, 2008,
or at their former address of Unit No. 4, 324-328 Essex Street, Salem, Massachusetts
01970.
27. Both 329 Essex Street and 324-328 Essex Street are within the 300 foot notice
requirements of the Salem Zoning Ordinance.
28. Mr. and Mrs. Hayes were not otherwise aware of the February 18, 2009 and April 15,
2009 ZBA hearings on Mr. Morris' February 2, 2009 Petition, or indeed, of the Petition
itself.
29. They only became aware of same atter the within April 17, 2009 ZBA Decision.
30. For the foregoing reasons alone, the Board exceeded its authority and said April 17, 2009
Decision of the Salem ZBA should be annulled in its entirety.
RELIEF SOUGHT
The Plaintiffs respectfully request that this Court:
a. enter a Judgment in their favor annulling in full the April 17, 2009 Decision of the Salem
Zoning Board of Appeals;
b. award the Plaintiffs cost and reasonable attorneys fees in connection with their
prosecution of this appeal; and
c. grant such other relief as is just and expedient.
Respectfully submitted,
Eric P. Hayes et. al.,
By their attorney,
July 17, 2009
*H. ea-rr, Es
- 5 -
yT� lui a1.
QTY OF SALEM MMSACHUSE'I'T"S
BOARD OF APPEAL
KLMBERLEY DiuscoLL 120 WASHINGTON STREET♦ SALEM,MASSAO-RI:ETLS 01970
MAYOR 7�LE::978-6611199-5685 #FAx978-740-0404 20G? J1,11 Il a ff: Ol
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Notice of Decisions Y
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April 17, 2009 r'7 T7
Decision " o
C)
City of Salem Zoning Board of Appeals
Petition of STEPHEN MORRIS, seeking a Special Permit to modify the currently
nonconforming use (office space) to another nonconforming use (multifamily
residential) to allow conversion of the existing office space on the first floor to five
residential units on the property located at 315-317 ESSEX STREET, Salem, MA
(112 zoning district).
A public hearing on the above Petition was opened on February 18, 2009 and closed on
April 15, 2009 pursuant to Mass General Law Ch. 40A, § 11. The following Zoning
Board of Appeals members were present: Rebecca Curran, Richard Dionne, Jimmy
Tsitsmos (alternate), and Annie Harris.
Petitioner seeks a Special Permit pursuant to Section 8-5 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Attorney George Atkins represented the petitioner, Stephen Moms. at the hearing.
2. The property at 315-317 currently contains thirteen(13) licensed rooming house
rooms on the second and third floors and a beauty salon on a portion of the first
floor. Both uses are nonconforming uses in the R-2 zoning district. The
remaining area of the first floor was previously occupied by a photography studio
which was also a nonconforming use.
3. In a petition dated February 21, 2008, the applicant requested a Special Permit to
change the nonconforming use (photography studio) in the first floor area to
another nonconforming use (office space). In a decision dated Aprl 2, 2008, the
2
Board of Appeals granted the requested Special Permit to allow the petitioner to
convert this portion of the first floor to office space.
4. In a second petition dated February 2, 2009, the applicant requested a Special
Permit to change the nonconforming office space use to another nonconforming
use, multifamily housing, to accommodate conversion of the space to five
residential housing units.
5. The Board of Appeals opened the hearing at its February 18, 2009 meeting, with
the following Board members in attendance: Rebecca Curran, Richard Dionne,
Annie Harris, Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate). At this
meeting, Attorney Atkins stated that the petitioner sought the Special Permit
because he had been unable to rent the office space.
6. At the February 18 meeting, a resident spoke in opposition to the petition, citing
previous problems with residents of the rooming house and traffic concerns. The
Board also received a letter from Moms Schopf opposing the project, citing
concerns about traffic and the physical state of the building.
7. Also at the February 18 meeting, At-Large Councillor Steven Pinto, 55 Columbus
Avenue, spoke in support of the petition; he did not feel significant traffic would
be generated and wished to avoid an empty building in the neighborhood.
8. The petition was heard again on April 15, 2009 with the following Board
members in attendance: Annie Harris, Rebecca Curran, Jimmy Tsitsinos
(alternate) and Richard Dionne. Several residents spoke in opposition to the
petition, citing concerns about density, traffic and property values. Ward 2
Councillor Michael Sosnowski, 17 Collins Street, also spoke in opposition.
9. Also at the April 15 meeting, a resident spoke in support of the project, stating his
preference to remove commercial uses from the neighborhood. Ward 3
Councillor Jean Pelletier also spoke in support of the project.
10. Two residents (Jim McAllister, Jon T. Skerry) submitted letters in support of the
petition, and three residents (Mary Whitney, Nicholas Nowak, and Jim Kearney),
submitted letters in opposition to the project.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The petitioner's request for a special permit does not constitute substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the
intent or purpose of the zoning ordinance.
3. In permitting such change, the Zoning Board of Appeals requires certain
3
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including,but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow for the change in use tiom office
space to three residential units.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor
(Tsitsinos, Curran, Dionne and Hams) and none(0) opposed, to grant petitioner's
requests for a Special Permit subject to the following terms, conditions, and
safeguards:
1. The building's current office space may be converted to no more than
three (3) residential units.
2. Petitioner shall comply with all city and state statutes, ordinances, codes
and regulations.
3. All construction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner. The plan dated
December 19, 2007 and revised February 2, 2009, March 3, 2009 and
April 15, 2009, is to be revised showing conversion of the office space to
three(3) residential units instead of five(5).
4. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
5. Petitioner shall obtain a building permit prior to beginning any
construction.
6. Exterior finishes of the new construction are to be in harmony with
existing structure.
7. A Certificate of Occupancy is to be obtained.
8. A Certificate of Inspection is to be obtained.
9. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
10. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or reconstruct
the structure(s) located on the subject property to an extent of more than fifty
percent (50%) of its floor area of more than fifty percent (50%) of its replacement
cost at the time of destruction. If the structure is demolished by any means to an
extent of more than fifty percent (50%) of its replacement cost or more than fifty
4
Percent (50%)of its floor area at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of the Ordinance.
2009 J'_'L I l A 11: 0l
chard ijionne, Salem Board of
Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK -
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
6LL�1(
SALEM, MASS.
' � � F��
S�. �-P PSI �. �s
�D���,_e(,�
COMMONWEALTH OF MASSACHUSETTS
ESSEX; SS. SUPERIOR COURT 3 S N
CIVIL ACTION NO: Z�Q
ERIC P. HAYES and DOROTHY M. HAYES, )
PLAINTIFFS )
V. )
STEPHEN P. MORRIS, LINDA J. MORRIS, and )
REBECCA CURRAN, RICHARD DIONNE, ANNIE )
HARRIS, JIMMY TSITSINOS, BETH DEBSKI, ROBIN )
STEIN, and BONNIE BELAIR, BEING REGULAR and )
ALTERNATE MEMBERS OF THE ZONING BOARD )
OF APPEALS OF THE CITY OF SALEM, )
MASSACHUSETTS, )
DEFENDANTS )
NOTICE TO SALEM CITY CLERK OF COMPLAINT PURSUANT TO M.G.L.
CHAPTER 40A,SECTION 17 APPEALING/CHALLENGING THE APRIL 17, 2009
DECISION OF THE SALEM BOARD OF APPEALS REGARDING 315-317 ESSEX
STREET, SALEM, MASSACHUSETTS DUE TO LACK OF NOTICE
1, John H. Carr, Jr.,attorney for the Plaintiffs, Eric P. Hayes and Dorothy M. Hayes, in the
above-entitled action,hereby give notice to the City Clerk of the City of Salem, Massachusetts
that said Plaintiffs have filed a civil Complaint with the Essex Superior Court
appealing/challenging the April 17, 2009 Decision of the Salem Zoning Board of Appeals
granting a Special Permit to Stephen P. Morris, owner of 315-317 Essex Street, Salem,
Massachusetts 01970,to allow for a change in use from five (5)non-conforming professional
offices to three(3) non-conforming residential units on a portion of the first floor of 315-317
Essex Street, Salem, Massachusetts, 01970 due to lack of notice. Said April 17, 2009 Decision
was filed with the office of the Salem City Clerk on April 22, 2009.
A copy of said Complaint filed as Essex Superior Court Civil Action No. ZG U°/. / 3 s y L
on July 17, 2009 is attached hereto.
Respectfully submitted,
Eric P. Hayes et al,
By their attorney,
July 17, 2009
John H. C , Jr.,
9 North Street
Salem, MA 0197
978-825-0060 �g-�
BBO# 07528 B`3t� p1�+HI
JUL 2 2 2009
CO�.IieiUFlti'i i'e.F_OP7A�blT
John H. Carr, Jr., Esq.
9 North Street
Salem, MA 01970
Phone: 978-825-0060
zooq Jill. I l ,!N, II: OS Fax: 978-825-0068
CItY ('�;
July 17, 200h`
By Hand
Salem City Clerk
City Hall
93 Washington Street
Salem, MA 01970
Re: Eric P. Hayes, et al. v. Stephen P. Moms, et al.
Dear Madam Clerk:
Enclosed please find Notice To Salem City Clerk Of Complaint Pursuant To Chapter
40A, Section 17 Appealing/Challenging The April 17, 2009 Decision Of The Salem Board
Of Appeals Regarding 315-317 Essex Street, Salem, Massachusetts Due To Lack Of
Notice.
Would you or someone from your office kindly date-stamp and file same, and also
acknowledge receipt of the foregoing by date-stamping the enclosed copy of this letter
and return same with our messenger.
Thank you in advance for your attention to the foregoing.
V truly yours,
John H. Carr, Jr.
Enc.
cc. Jerald A. Parisella, Esq.—By Hand
George W. Atkins, III, Esq.—By Hand
Mr. & Mrs. Eric P. Hayes—By Hand
r CITY OF SALEM, MASSACHUSETTS
0
3yQ� BOARD OF HEALTH
o w 120 WASHINGTON STREET, 4TH FLOOR
C
a SALEM, MA 01970
TEL. 978-741-1 800
FAX 978-745-0343
STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
March 8, 2002
Shirley C. Filipiak
300 Lynn Shore Drive #400
Lynn, MA 01902
Dear Ms. Filipiak :
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 It
Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property at 315-317 Essex
Street occupied by(Rooming House)conducted by Virginia Moustakis, Sanitarian on Tuesday, March 5, 2002 at 9:30
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 parry 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:
an! Scott Virginia Moustakis
Health Agent Sanitarian
cc: Councillor Regina Flynn, Licensing Board, Fire Prevention, & Building Inspector
JS/sjk c-h-violet
CERTIFICED MAIL 7099 3400 0008 9218 4444
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CITY OF SALEM HEALTH DEPARTMENT
120 WASHINGTON STREET 4TH FLOOR
✓ Salem, Massacnusetts 01970 Page 1 of
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
occupant : /,4u,�t Phone:
Address: ins - 3i7 FCC 4 C,f Apt.# Floor �i r 3
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Inspection Date: s-s— c'P Time:
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safety, and well being of the occupant(s) 411 dri vy PC r
Code Enforcement Inspector e' 'V
Este es documento legal importante. Puede que afecte sus derechos.
Puede adquirir una traduccion de esta forma sies necesario Ilamar al telefono 741-1800.
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 :
1. Rent Withholding(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:
You can prove that your dwelling unit or common areas contain code violations which are serious
enough to endanger or materially impair your health of safety and that your landlord knew about the
violations before you were behind in your rent.
You did not cause the violations and they can be repaired while you continue to live in the
building.
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. Repair and Deduct(Massachusetts General Laws,Chapter III, 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 may endanger or materially impair your health, safety,or well-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 them made)within five days after
the notice or to complete repairs within 14 days after notice,you cdn use up to four months rent in any year
to make repairs.
3. Retaliatory Rent Increases or Evictions Prohibited(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 try 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 yotU complaint. You may be able to sue the landlord
for damages or if he or she tries this.
4. Rent Receivership(Massachusetts General Laws Chapter II, 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 day 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& Deceptive Practices (Massachusetts General Laws, Chapter 93 A) : 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 rent or take any
other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney,you
should contact the nearest legal services office,which is
Neighborhood Legal Services
37 Friend Street
Lynn, MA. 01902
(781)-599-7730
� v��gONUIT
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT, MPH, RS, CHO g
HEALTH AGENT 120 Washington Street 4"floor
Tel: (978)741-1800
Fax: (978)745 0343
August 23, 2001
Shirley C. Filipiak
300 Lynn Shore Drive #400
Lynn, MA 01902
Dear Ms Filipiak:
In accordance with Chapter II of the State Sanitary Code, 105 CMR 410:000, Minimum
Standards of Fitness for Human Habitation, a recent reinspection was conducted of your
Rooming House located at 315-317 Essex Street by Virginia Moustakis, Sanitarian of
the Salem Board of Health on Tuesday, August 21, 2001 at 11:30 a.m.
The violations noted in the report of April 18, 2001 have been corrected.
Thank your for your cooperation in this matter.
FOR THE BOARD OF HEALTH Reply to:
oanne Scott Virginia Moustakis
Health Agent Sanitarian
cc: Licensing
Building Department
Fire Prevention
Councillor Regina R. Flynn
JS/mfp
Page 1 of
SALEM HEALTH DEPARTMENT
9 North Street
• Salem,MA 07970
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Phon� -
i
Address: 3/s- /^� Fcs r- S� Apt./3 e6r,c Floor
Owner. �Sffj Pim ii i�/7 Address: R x2 V1 ry �&Ad ./PR/✓C- yG
Inspection Date: /-oZOOi Tima /7".k7Z!>7
Conducted By: z�CAccompanied By: 64An,/1 D eIZQLn BCU/
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Anticipated Reinspection Date: ,t,/ cQf- i/�/s 77yr1 p, �
Specified Reg # Violation
Time 410. . . .
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One or more of the above violations may endanger or materially impair cc,;the health, safety and well-being or the occupants(s) /(7����y-,,Ve
Code rnforcement Inspector
Este es un documento legal importante Puede que afecte sus derechos.
Puede adquiriruna traduccion de esta forma
APPENDIX H(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:
1. Rent Wi hholdinp(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
nyour 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 nto 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. RRUair and Deduct(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 well-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 therlr
made)within five days after notice or to complete repairs within 14 days after notice, you can use up to four montbs'rent ia:any
year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibited(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 Coon 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 w a
spending limitation of four months'rent.
5. Breach of Warranty of Habilability: 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 Dcceptive DeceptivePractices(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. 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
`w
• j
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT, MPH,RS,CHO April 20, 2000 NINE NORTH STREET
HEALTH AGENT Tel:(978)741-1800
Fax:(978)740-9705
Shirley C. Filipiak
300 Lynn Shore Drive#1400
Lynn, MA 01902
Dear Sir/Madam:
In accordance with Chapter 111 Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00;
State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,
Chapter 11: Minimum Standards of Fitness for Human Habitation, a inspection was conducted of your property
located at 315'/.-315 Yz Essex Street(Rooming House) conducted by Virginia Moustakis, Sanitarian on
April 19,2000 @ 10:45 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 Board of Health 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.
FortheBoard of Health /;- Reply to
Joanne Scott Virginia Moustakis
Health Agent Sanitarian
Enclosure
JS/mfp cc: John Riley, Fire Prevention Harold Blake, Licensing Board
Frank DiPaolo, Building Inspector(/ Councillor Joan Lovely
{y+sw a xgFz I gq
IEl
11
w tY 4J y'Si
` � iHFAAI IHIDEP
9_I
am <i�z� 3 - t2
StateSan Code er 11: 105 CMR 410,000
Y rAt..
Minimum Standaids�ofiZass fo4ldman Habitation
"� ` a
Occupant: agzV1 q W".v war .. Plane:
Address ' 31�
Owner �-LaP/a k' Addfess:
Inspection Date
�Yc,x=`.'i f.Y�f4a,.4.rr, r✓ „ .9.;.-.._ :��'.. r,eilia .r,,Si 7 r,:< . .. /� - , '. //
Cond`u'cted ByOrISYCt/Tic Aocompanted By �Jpp_��EU�i7 �nQKCAaL
L r Chit eLes Gcla>wGiPP
Anticipated Remspectidtf ate ` {rrY "r r y p. ',
Time 1,14M . ,. .
e e y
. ..$"' . .tJ.... , .S r. .. ♦� .^(/r"�+:�..a#t Y.Y 1..+.tu C".„
n �
' S*..•YlsisJ t'ii. '� �: c . o. r im .
a 30 .:3oa a 30 — N
/ # 3o e
a.6
- o da 06 — No 1 aL
s//aeed /fide j s< Ba — o /C
.ns
One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s) p,' je.e 4V4Vhd;7
G/ca t st^'9"PP/°t
Code Enforcement Inspector Ohl lOp� �GCO�
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquiriruna Iraduccion de esta forma
P-607 167 317
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
m Sent to
Mr. & Mrs. R. Ginsburg
m Streglpgdfggsex st .
>°'
P.oSaj1terN)r1NP.ccQJ970
7
Postage S
Certified Fee 2.00
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
qReturn Receipt showing to whom,
Date.and Address of Delivery
�j JOTAL Postage and Fees SZ 00
Postmark or Date
E
o -
LL
N
6
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)
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 It space per-
mits.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 receipt.If return,
receipt is requested,check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and preset it if you make Inquiry.
,'Cow aT4b Ctv of 'fflassar4usetts
3 Public Property Pepnrtment
a �
�Yuiliting Brpartntent
(Our ialrm Oprrrn
745-0213
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.
May 9, 1988
Mr. Robert Ginsburg
Mrs. Shirley Ginsburg
315 Essex Street
Salem,MA. 01970
RE: Building Permit
Dear Mr. & Mrs. Ginsburg,
I am returning your application for a permit along with your check
and Homeowner License Exenption.
As you know, your building is in an R-2 Zone and you are unable to
provide the required parking for your ice cream parlor. I can not issued
a permit until parking is provided.
0
If I may be of further assistance, please do not hesitate to call me.
Regard ,
i
I
Stephen try
Assistant Building Inspector
SWS/eaf
enc: (3)
RE:fk of
' � P Jug 3 3 28 PH '66 narb of cAPPZal
CITY CLERn'S OFFICE
PETITION : % AAA4; Ginsburg, 315 Essex Street.
. JwM69 ». BOUL06w
IJ
JOHN M. Ow.+
To erect addition to building to be used as photographic _
studio. This is an R-2 disc-ict, zoned for two—family
residences. Petitioner can allow only two feet to side
boundary, zoning ordinance requires ten feet.
On September 14;`1965; petitioner -:;as denied a permit to a-ter ^his
building to provide for photographic studio, by the Inspector o
Buildings as such :Fzlteration would be in violation of the City of
Salem Zoning Ordinance.
On September 16 1965 petitioner aprealed to the Board to -reverse
this decision, and on October 29, 1965 a hearing was held by .the
Board of Appeal in the office of the Inspector of Buildings,
Boardpursu—
ant to notices mailed postpaid to the petitioner, abutters,
Members, and others, and advertisements published in the Salem Even—
ing News. `
` All members of the Board were present at this hearing. .Attorney
Jokin- Ot'C"onnell= appeared`:for=petitioner and presented. photographs —
showing the proposed changes. Mr. Wadleigh the contractor, spoke,
no opposition. Mr. Sweeney of the
also the petitioner. There was
ard, in the event the petition was
Planning Board requested the Bo
hat adequate provisions would be
allowed, to include a proviso t
o final decision was made at this
made for off—street parking. N
time. Mr. O'Brien, the Building Inspector, and Mr. Gray, Chairman
of the Board of Appeals, were to inspect the premises and report
back to the Board at the next meeting with any suggestions they
}
may have.
Hearing on this . petition was resumed at the November 29, 1965 meeting
Mr. O'Brien and Mr. Gray after their inspection of this property made ,
the following recommendations :
1 . Two fire resisting ceiling on the first floor.
2 . Addition on the rear of the building to be built of concrete block.
3 . The apartments on the third floor are to have another flight of
stairs, running from the second to the third floor.
After due consideration thereof, the Board by unanimous decision,
voting on the grounds that granting this variance would not derogate
uc.
from the intent and purpose of, the Zoning Ordinance ;and would
detrimental to the public good, granted the variance with theJabovet
listed conditions The Board is of the,--cpiniq that thRre are ade r
� ` .g1AAtA parkins lacilities.
BOARD OF APPEA
��'� ,� APPEAL GRANTED WITH CONDITIONS. �" � z *� r+ p r .� -�`", r'
!�Jq�7
!.'`h'
�1 e!� "E.ia �s�J'+. �e u M �'c.,� .r ,.fsYr..x�.. a a �°�" e "s sE C.t�✓13 rt.�'��,'^yv t f —�/ 9Cretarye� v �k
9
�k €.
ORM• 'a:'a`L �,. f'..,,s�(s. .t..,a e.s_s'x.U1 t.YC.t 's! i'i^ r �� }.ai*. ^� r. r ..;}5. Y °�,. _. �'tS,3s�C- .'.'fS�/X' '_cl''z .`3: �ax
Louis N. Mangifesti
311 Essex Street
Salem, MA 01970
April 25, 1988
Mr. Robert Ginsburg
Gainsboro Studio ,
317 Essex Street a
Salem, MA 01970 0—
Dear Mr. Ginsburg:
z -
After you visited my home on Saturday, April 23rd, and ex�laine
your plans for an ice cream parlor in the shop beside your stAo, f1'
have given a lot of serious thought to it.
As I told you Saturday, after you explained to me, my immediate
response was that I thought it would generate a tremendous amount of
litter on the street. I know this because of an ice cream parlor that
was once situated in the Hotel Hawthorne for a few years. I walk five
miles a day and every time I walked by that ice cream parlor, there
were cups, dropped ice cream cones and messy spills all over the
sidewalk.
The litter is just one disadvantage of having an ice cream parlor
in this area. It will also draw a younger element of people who are
usually walkers who would then congregate around this type of an
establishment. I have nothing against the youth of today as I have
been in education for thirty-one years, but I do know their habits
and they can tend to get very rowdy.
A third problem, which I think is a very obvious one, is the vermin
which is attracted, especially to an ice cream establishment. This
area has had problems in the past with rats and I do not want to see this
problem coming back. My family has been in the food service business
for many years and I know this can be a very difficult problem to cope
with.
As you probably have concluded at this point in my letter, I have
given this a lot of thought and I definitely am opposed to this type of
business being put in your establishment. As you explained to me on
Saturday, the warrant also requires that you have eighteen parking
spaces for this type of business. Seeing that there is no parking on
my side of the street, I should think this would be a difficulty. I
also think there would be a more appropriate type of business to suit
this neighborhood as there are so many beautiful old historical homes
and buildings in the area. I think even a gift shop would be more
suitable to the Ropes Mansion rather than an ice cream stand.
As a resident of Salem and very proud of the area in which I
live, I hope you understand my concerns and the values I stand for.
Respectfully,
Louis N. Mangifesti
LN M:dmh
copy to: Board of Appeals
Salem, MA
4 _ , Shirley C Oltsburg
Robert S. Ousburg 1734
77 Cresttule Circle
t3elr rly, Yln 07975 / s" ssazzenn3
Pa ro /
Ikr order n!
Lav v �� • � I $
D077au /
SALEM.MASS 01910 MPRBLEH EAD.MA55.
'meNO � � C' �C/L7x�b'J
1: 2113722841: 0203 690 311' i7 4
TOWN OF
BUILDING --_PA.RTMENT
HOMEC',4F1ER L:HNSE E7:EIMPTION
Please print.
N
CATE L/-
„OB LOCATIOPl i/�� S�x ST,
NumoEr -`CrEet aaaress lection OT town c�
u
„HOMEOWNER"�j'C✓�E�
Name Home' pnone worK phone
PRESENT MAILING ADDRESS &,z <S7 -
pity/town State Lip cone
T:7e current exemption for "homeowners" was extended to include owner-occupied
cwe! linos or six units or ess ano zo allow such homeowners to engage an in-
civicuai for hire who does not POSSESS a license, provided that the owner
acts as supervisor. (State Building Code Section 1 . i )
CZ.-MITION OF HOMEOWNER:
P_rsPn( s) who owns a parcel of land on which he/she resides or intends to re-
side, cn which there is, or is intended to be, a one to six family dwelling,
a_tached or detached structures accessory to such use and/or farm structures.
A person who constructs more than one home in a two-year period shall not be
considered a homeowner. Such "homeowner" -hall submit to the Building Officiai ,
on a form acceptable to the Building Official , ".nat he/she shall be resDonsibie
f,7r ail such work Performed under the building permit. Lection W9, 1 . 1 )
T._e undersigned 'ncmeowner" SSU.T,eS r'SocnS:Plllt% r-r compliance Wlth t. e
7ilding Cade and ozner applicable ccoes, -laws, riles and regulat:cns.
ne uncer-coned "homeowner" certifies that he/she understands the Town or
Building Department minimum inspection procedures and requirements
and that he/she will compj,y with said pr cedures and requirements.
HOMEOWNER' S SIGNATURE- Vz
APPROVAL OF BUILDING OFFICIAL ..
Note: Three family dwellings 35, 000 cubic feet, or larger, ,will be required
to comply with State Building Code Section 127.0, Construction Control .
8
Plans must be filed and approved by the Inspector before a permit for erection will be granted,
duplicates of which when approved by the Inspector shall be kept at the building, during
the progress of the work.
City of Salem
r' No. Ward
3 ��.cormc�
N
A K
>W APPLICATION LICENSE #
N W Q
FOR TEL.;: 24'V i9;s
7RERMIT TO BUILD} ADDITION OR MAKE ALTERATIONS
s - Salem,mass.,
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to he followings ecifications:
r, Owner's name and addressor S. Cr��burg � f
Architect's name
.ncMechanic's name and address
` 0 /S ESSe
��." Location of building, No
What as the purpose of 6u, 15 mg PJG1Sj[JPSS IS'/ io&l 4601vInce Ml�4St✓ �Nd
Material of building? `
If a dwelling, for how ms�an "`families? l '
Size of Addition NO.' of feetfrfront r� No of'feet rear , No of feet deep, �<
�y+k" Fr+t�fi ,e �,.+* `
+§ t4a NO.pOf stories? ' 3
o.,of feet from the level of.the. ground to the highest }cart of th root?` eta >r n ,. w :; 'c.
J ` :' line
N7. How' near line of the sheet?
r£5g*�k 1 �';'� •r .1 am i6 t a y'' y'�R A+.x`
s'4v ''iWh`�� ''Y'y •�3 %R :6..
# How near line of the adjoining lot?
I , `fir' 'd.*.
t t ' What will be the means`of access.�¢t�o the roof? 4 air.Xt
}Y h..... "` t .'ridw'� +<+^�S �£i"e1 ''k'T ". 'a ' 3�.` ,'g 4 Lr�r°
tt " Sue bf floor timbers, is;
, 2nd 3rd cb 5th
ce-c 13 $'rs
Dut_ance on centerst�'�`
Srze•�odfx carrying timberLi
u � lYte"r .• _w t "� .n '� y tax, r" ``a.3. �'+§ 'ghE.� `iy ":'
Distance of supports on centers?
syr" What kind of support? -
I "��rir,`�+`�veNi. •- - .pt�{.. �c �' � '.: v�w��f��S$'1«� 3 .�-r'4 , w-:<
F Will the building be erected on solid or filled land?
on
7 What is'the material of foundtiation? L
mss " .�
Will the roof be flat pitched mansard or gambrel? �F
V + 'Material of roof covering?
r Will the building be heated b3 steam or hot water or hot airl E s z O ..,-
w x•,
�No. of brick walls? "` Where located? -Thickness?"-
di g
Thickness?ding conform to the requirements of the law?
Estimated cost
Signature of applicant /
REMARKS SIGNED U DER THE
PENALTY OF PERJURY
G
777< ,f ,
of iv$iFtlem, massar4usetts
Public Propertg 13epartment
iguilding Department
(One dalem (6reen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
November 14 , 1996
Shirley Filipiak
300 Lynn Shore Drive
Lynn, Mass . 01902
RE : 315-317 Essex Street
Dear Ms . Filipiak:
Thank you very much for your response to the letter
dated on October 1 , 1996 regarding the above mentioned
property. An inspection was conducted and found all the
violations have been corrected .
This office will notify all the appropriate
departments and the Ward Councillor that this situation
has been brought to a satisfactory conclusion .
Sincerely,
Leo E . Tremb
Inspector o Building
LET: scm
cc : David Shea
Jane Guy
Councillor Donahue , Ward 3
Iv
3 Otv of *a1Pm, masaar4usetts
Public Propertg Department
Nuilbing Department
(One dalem (6reen
598-745-9595 Ext. 389
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 1 , 1996
Shirley Filipiak
300 Lynn Shore Drive
Lynn, Mass . 01902
RE : 315-317 Essex Street
Dear Ms . Filipiak:
This office received complaints concerning loose
bricks on the chimneys above the roof at the above
mentioned location . An inspection was conducted on
October 1, 1996 by this department to confirm the
complaint.
Please contact a masonry contractor and have the
necessary repairs completed as soon as possible. This
office considers these chimneys , under there present
condition a safety hazard.
Please contact this office upon receipt of this
letter to inform us as of your course of action in this
matter . Failure to do so will result in legal action
being taken against you.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Bui dings
LET: scm
CC: Councillor Donahue , Ward 3
1 ��� �
3/S �'ssex�?S'�,
��'� �/lefl/h s� �/iN cY
/�Nro y �e�2.ej¢��
'N'1-7
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. MASS.
TRIAL COURT OF
ESSEX COUNTY DIVISION
SUPERIOR COURT DEPT.
DOCKET #11112
ROBERT S. GINSBURG
VS.
BOARD OF APPEALS OF THE
CITY OF SALEM, ET ALS
JUDGMENT�. ,.
This cause came on to be heard and was argued by counsel for the Plaintiff,
and '!after' hearing thereon- upon consideration thereof, it is ORDERED,
ADJUDGED AND DECREED that:
1. `-The` Board-of"-Appeals'6f theCity-of Salem is hereby orderedteis§tie
a Special Permit relating to the premises owned by the Plaintiff specifically
permitting the use of same as follows:
a. a business and/or professional office located on the first floor of
315 Essex Street.
b. a business and/or professional office located on the ground floor
it 31,7 Essex Street.
c. the 8-room apartment located on the second and third floors of
315 1/4 Essex Street may be rented as individual rooms.
A True Co Attest
r
BFRKAL,STEL AN
&DAVFRN Asft C1
ATTORNEYS AT 1 W
26 LYNDE STREET
SALEM,MASS.Ot970
7 C)
.5rl (f)LOel�IY2
7
e`A
d. the 8-roo rn apartment located on the second and third floors of
315 1/2 Essex Street may be rented as individual rooms.
By the Court
ENTERED:
V
q
4.
SERKAL,STEWAN
& DAVER
,T ORNSY5 AT LAW
26 LYNDE STREET
SALEM.MASS D1970
TEL 161T,745-4010
[Business Certificate
/ C,tp of fpaiem, Aam wbugettg
P
A
DATE FILED A-, 199XType: 3New
Expiration Date S 9 ❑ Renewal, no change
Number 94-14" ❑ Renewal with change
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:
577 5'/��c22 IV,4 ' D/97D
type of business — IE4% 4EA'4 T/ D N S �h�ES S iY//9 (�/i✓�
by the following named person(s): (Include corporate name and title if corporate officer)
Full Name Residence
/)/(?/IV Z7 /�£�.PST viYE � DEiPr3r/ 5T 5/ �Ei //19
Si nat r s .—.—.—.—.—'—
c,
- ------------ -----------------------------------------------------
n---'/------------------- -----------------------------------------------------
on /� '-S 19�the above named person(s) personally appeared before me and made an
oath at to foregoing statement is true.
--------- eA..�------------------------------- - -----------------------------------------------------
CITY CLERK Notary Public
(seal)
Date Commission Expires
Identification Presented
State Tax I.D. # S.S. # DSD y /
(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
fumished 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.
F
* COMMONWEALTH OF MASSACHUSETTS .
ESSEX, SS. TRIAL COURT OF. MASS.
ESSEX COUNTY DIVISION
SUPERIOR
DOCKET #11112 DEPT
P ROBERT S. GINSBURG
G I VS. H,
�. BOARD OF APPEALS OF THE
r CITY OF SALEM, ET ALS
{C« JUDGMENT'
This cause came on to be heard and was argued by counsel for the Plaintiff,
and 'after`" hearing thereon, upon consideration thereof, it is ORDERED,
+' ADJUDGED AND DECREED that:
1. The Board of Appeals of the City of Salem is hereby ordered to issue
a Special Permit relating to the premises owned by the Plaintiff specifically
permitting the use of same as follows:
a. a business and/or professional office located on the first floor.of
315 Essex Street.
b. a business and/or professional office located on the ground floor
<: at 317 Essex Street.
c. the 8-room apartment located on the second and third floors of
315 1/4 Essex Street may be rented as individual rooms.
AT C Attest
Aa.... ,.
ERKAL.5TELMAN
6 DAV RN . . wt/u
w
.TTORNEYS AT LAW - `
25 LYNDE STREET
;AL M.MASS.019)0
TEL 161n 745 10
d. the 8-room apartment located on the second and third floors of
315 1/2 Essex Street may be rented as individual rooms.
By the Court
ENTERED:
4RKAL.STELMAN
6 DAVERN
T70RNEYS AT LAW
'6 LYNDE STREET
n LEM.MA55,01970
-EL 161 T]45-A010
0
CITY OF SALEM9 MASSACHUSETTS
'z s PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
�IIN6 SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
July 6, 2004 GQ
Steve Monis
84 Ipswich Road
Boxford, MA 01921
Re: 315-317 Essex Street, Fire Escape
Dear Mr. Morris:
This department received a complaint regarding the fire escape located at the rear of your
building. The fire escape is the second means of egress for all of the second floor
tenants.
The fire escape is in bad condition, several of the steel steps deflect significantly when
stepped on and the stair, where it attaches to the building, is loose and in danger of
failing.
I am, per section 120 of the State Building Code, declaring this structure unsafe. You are
directed to make temporary repairs "shoring" within 24 hours of receipt of this letter.
You are further notified to begin replacement of the fire escape within 30 days. Failure
to comply will result in a complaint in District Court.
If you have any questions please contact me directly.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
Cc: Mayor's Office, Kate Sullivan
Fire Dept., Chief Cody
Fire Prevention
Licensing, Capt. Blake
Councilor, Jean Pelletier
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CITY OF SALEM, MASSACHUSETTS
�Y Q� PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 EXT. 380
m¢W�
FAX 978-740-9846
KIMBERLEY ORISCOLL
MAYOR
July 8, 2009
RE: 315-317 Essex Street
Dear Licensing Board Members,
The total number of rooms being rented at 315-317 Essex Street has been challenged.
Currently, 13 rooms are being rented. This number has not changed in the 12 years I have
been here. Various City records back up this finding.
The 1984 "Judgment' issued by the Superior Court, Docket#11112 under section 1, item
C, states "that the 8- room apartment located on the second and third floors of 315 `/4
Essex Street may be rented as individual rooms." Section 1 Item D states "the 8 room
apartment located on the second and third floors of 3125 % Essex Street may be rented as
individual rooms."
This would have resulted in a total of 16 rooms. Two large common kitchens were
created reducing the count to 14 rooms. Another bathroom was constructed bringing the
count to 13 rooms which have remained constant since 1985.
Si y,
Thomas St. Pierre
Building Commissioner
25
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DATE: ( Uv
CYtp of realun, , ae)! MLbU!�Etti
PLANS MUST BE FILED AND APPROVED BY THE
- INSPECTOR PRIOR TO A PERMIT BEING GRANTED
Location of Building
Building Permiv Application For:
'(Circle whichever applies) Roof,Re Construct Deck She
d, Pool
B
Additio Alteration, Rep ir/Replace, Foundation Only, Wrecking
Other. • Q0.
PLEASE FILL OUT LEGIBLY & COMPLETELY TO AVOID DELAYS IN PROCESSING
To the Inspector of Buildings: ,
The undersigned hereby applies for a permit to build according to the following specifications:
Owuerd Name: Contractor:
c
StreetaLf k� City Street J i City
State Y ' w. Phone (`� pg1`4 C I State Phone Fj�`L ) 1 �l
Architect: City of Salem Lich Yj U U
Street City State Uc# 31 q, HIP# P I 1061
State Phone ( ) _ Homeowners Exempt Form_yes y no
Structure: (please circle) Single Family, Multi Family# V Other
u�
Estimated Cost of job$Will
Asbei building confirm to Fiw!- —M ono p
Description of work to<'k done: Bn-
►� Q Q00 .�� S
1 mze � c fl 2ann., , 1
Drawings.Submitted: CS no Mail Permit to:
Signaturtr Ap)ili "tion,S ED U ER THE PENALTY OF PERJURY
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CONSTRUCTION T- ;IT 'COMPLETED WITHIN SIX(6)MONTHS OF PERMIT ISSUED DATE
Department use only: Ytrrit�f# Zoning Map/Lot
�-Permit fee S 9
COMM MS:
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