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328 ESSEX STREET - BUILDING JACKET I 328 ESSEX STREET nn UPC 10330 No. 153L levmnoi HASTINGS. MN RO WIDTH IS EQUAL TO EXISTING RO HEIGHT IS EQUAL TO EXISTING MINUS NEW FLOOR HEIGHT FIREPLACE OPENING TO BE FRAMED BETWEEN EXISTING WINDOW OPENINGS FIREPLACE R0= i , i 2"X4" WALL FULL HEIGHT 2"X4" WALL 2' DOWN FROM CEILING TO EXPOSE BRICK ALONG BACK WALL 0 G ST RA E L L_____j SINK STORAGE i 00 2'X4' WALL FULL HEIGHT 04 00 LOFT 5' KNEEWALL HEIGHT 00 RCr22"X39" 1 7 BEDROOM ACCESS DOOR RO=32-11/2 X4'-2" N I N FRIG 10'-3" 15-10" ACCESS DOOR RO=32-1/2 X4'-2" OCABINETS r= - -- ------------------ ---- RO=35" X 83" 15 '— 4 I I o � II RO=39" I X 86° I n - cO5'10 o RO=32-1/z" X 82" 0 BEDROOMsz I S._.. I ±__ FRAME LARGE CLOSET �— 4 D AREA UNDER STAIRS N 4'-6" ( R0=32-1/2" X 82" ---------- 5'—0 -5 —o FURN. E RO=37" X 85" „ RO=26-/2" X 82" BRICK FACE TO REMAIN 4'-5 in 4't I CL OF in STAIRS I SHOWER C irn O h CARRIAGE HOUSE 2'-8" I � HW UTIL RO=32-1/2" X 82" WINDOW TO BE -BRICK FACE TO REMAIN 1d� 0I N H WALL ASINSTALLEDIN THIS HIGH AS 9 R0=34-1/2" X 85' to I d POSSIBLE O I I �i 5, I I RO=38-1/2" X 82" S.L. 4't BRIC�tI FACE TO R[ IN 14'-8" III I \ STORAGE R0=22'X39 LINE UP WALL WITH SEAM I RO=32-1 2" X 82" IN CONCRETE FLOOR II RELOCATED OPENING POCKET BOOR GARAGE II GARAGE I I RO=32-1/2" x sz" BEDROOM 2"X4" WALL FULL HEIGHT II _ RO=32-1/2" X 82" CLOSE OLD OPENING I II � 9'-6 II 1'-8 STEP UP II CLOSET ^ R0=32-1/2" x 82" I I 15'-10" II II I i i i II 'i I � i 1 �, I i '� _-- - � � i I I I I COMMONWEALTH OF MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND ` BUSINESS REGULATION 10 Park Plaza Suite 5170 Jay Ash Charles D.Baker Secretary of Housiniz and Governor Boston Massachusetts 02116 Economic Development KarvnE Polito www.mass.gov/consumer Phone (617) 973-8700 Fax (617) 973-8799 John C Chapman Lieutenant Governor Undersecretary Thursday,June 15,2017 Thomas St. Pierre 120 Washington St. 3rd Flr Salem MA 01970 Contractor's name: WILLIAM LANGTON HIC#: 174190 Property Address: 328 Essex Street#4 Salem MA Complainant: Thomas Stantial Complaint Number: 2017-085 Dear Thomas St. Pierre: Please be advised that the Office of Consumer Affairs&Business Regulation has received a complaint against the above-listed registrant. Your immediate attention to this matter is requested. In order to assist the Office of Consumer Affairs &Business Regulation in its investigation of the complaint,kindly forward any documentation relative to the above-listed property that you have in your possession to us. Please reference the complaint number and registrant in your reply. Thank you in advance for your invaluable assistance. Very truly yours, Office of Consumer Affairs&Business Regulation i COMMONWEALTH OF MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION Ten Park Plaza, Suite 5170 /� Boston, Massachusetts 02116 RECEIVED Phone (617) 973-8700 3 a H ' 3 r--- tr171 Q'71_R799 MAY � b OFFICE OF 2017-085 coNsuME , � :��,�� AIR To file a complaint against rm completely and submit it to the Office of Consumer Affairs and Business Regulation("OUA K:'). uupnom wia review all complaints. The submission of a complaint will not automatically result in a hearing against a contractor. If OCABR determines that your complaint is appropriate for a hearing,your complaint may result in disciplinary action against the contractor's registration and/or administrative fines. You will be notified in writing if a hearing is scheduled to address your complaint. You will be asked to testify at that hearing. Please refer to the OCABR website(www.mass.gov/oca)for additional information about OCABR's home improvement contractor complaint process. FILING A COMPLAINT WITH OCABR WILL NOT RESULT IN A MONETARY AWARD FOR YOU. IF YOU SEEK A MONETARY AWARD, CONTACT OCABR'S ARBITRATION &GUARANTY FUND PROGRAMS. 1.Your information: (Please type or print neatly) Name: T ko NAS STAw-1A L Current address: S a e If 5 5 C X 5 i y x1 y_ 5,'1L� M A n I cl}p Address of building at issue: 5A M E Number of dwelling units in the building at issue: Is it a residential property?(circle) Q No - Is the building at issue your primary residence or did you intend for it to become your primary residence?(circle)© No Was the building originally constructed before 1978?(circle) No ,. Day phone:(381) 796- Fax:( ) E-mail+ka(ho.5 .danTInI( rhr, Loi"1 2.Contractor Information: Contractor name: Lull-t-IAN I-AN&ToV t. Business name(if any): W ,3, i-AN&-toN LA0.PaUTN1 9 CABiu&T Milk19& Business address: 16 i-JANDiPtr AUE j W81-THAhl kota 011J573 Phone:(}*O 'LI41 -755'6 Home Improvement Contractor Registration(HIC)# ( )pG HH 3 I Date contract signed: 3� /1—/I_ Amount of contract:$ as 'qt)D To the best of your knowledge,has the contractor filed for bankruptcy?(circle) Yes 3.Other Information: If you have included photographs with your complaint,do you want OCABR to return them to you later?(circle) Yes o N/A 1 4.Complaint Information: Please circle the number of any of the following acts that you allege took place in your dealings with the contractor. You must circle at least one allegation. 1.Operating without a certificate of registration; 2 bandoning or failing to perform,without justification,any contract or project engaged in or undertaken by a registered contractor or subcontractor,or deviating from or disregarding plans or specifications in any material respect without the consent of the owner; 3.Failing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential contracting transaction; _ 4.Making any material misrepresentation in the procurement of a contract or making any false promise of a character likely to influence,persuade or induce the procurement of a contract; 5.Knowingly contracting beyond the scope of the registration as a contractor or subcontractor; 6.Acting directly,regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender, in connection with a residential contracting transaction by preparing,offering or negotiating;or attempting to or agreeing to prepare, arrange,offer or negotiate a mortgage loan on behalf of a mortgage lender;. •t. 7.Acting as a mortgage broker or agent for any mortgage lender; 8.Publishing,directly or indirectly,any advertisement relating to home construction or home improvements which does not contain the contractor's or subcontractor's certificate of registration number or which does contain an assertion,representation or statement of fact which is false,deceptive,or misleading; 9.Advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference to the contractor's or subcontractor's certificate of registration; 10.Violation of the building laws of the commonwealth or of any political subdivision thereof;If your complaint alleges structural violations of Massachusetts State Building Code, those allegations will be referred to the Board of Building Regulations and Standards(BBRS), within the Department of Public Safety(DPS),for possible action against the contractor's construction supervisor license or you may proceed by filing your own separate complaint to DPS/BBRS 11.Misrepresenting a material fact in obtaining a certificate of registration; - 12.Failing to notify the OCABR of any change of trade name or address as required by section thirteen; 13.Conducting a residential contracting business in any name other than the one in which the contractor or subcontractor is registered; 14.Failing to pay for materials or services rendered in connection with his operating as a contractor or subcontractor where he has received sufficient funds as payment for the particular construction work,project or operation for which the services or materials were rendered or purchased; 15.Failing to comply with any order,demand or requirement lawfully made by the administrator or fund administrator under and within the authority of this chapter; 216. emanding or receiving payment in violation of clause(6)of paragraph(a)of section(2), which states: "Any deposit required un er the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature,which must be ordered in advance of the commencement of work,in order to assure that the project will proceed on schedule.No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto;" 17. iolating any other provision of Chapter 142A. (Please specify below) Failing to present the homeowner with a written contract for residential contracting work exceeding$1,000 as required by section 2 Failing to include required terms in a written contract for residential contracting work exceeding$1,000 as required by section 2 c. Other provisions of Chapter 142A(please specify in your detailed narrative in Section 5 of this form 2 5. Please provide a detailed narrative of the acts or omissions committed by the contractor that lead you to file this complaint. If necessary,please attach any additional pages. Your complaint will not be processed without a detailed narrative. �GFkSi 5 � F ATA4-H -tEP'r 6.I hereby affirm that the information contained in this complaint package is true and accurate to the best of my knowledge and belief. Signed under pains a d alti f-p . ry: SI- nature Date 7.Please submit the complaint application,and all supporting documentation,e.g.,building application,court judgments,contract, photographs(limited to 5 photographs),and the like(the documents or photographs should NOT be stapled)to: Office of Consumer Affairs and Business Regulation Program Coordinator MC Complaint Program 10 Park Plaza, Suite 5170 Boston,MA 02116 3 My wife and I hired Bill Langton (CS#000443, HIC#174190)to renovate our guest bathroom and laundry room. We had used Mr. Langton in the past for various carpentry services and we were very happy with his work, so we asked him if he would be interested in remodeling our guest bath and laundry room. We provided Mr. Langton with a detailed spec sheet of what we were looking for him to do. He responded that he was interested and with a quote. His quote was higher than what we had received from another contractor so we went back to Mr. Langton and requested that he include installing plywood flooring in our attic as part of his quote. We eventually agreed to the scope of work at a total cost of$22,700, and we signed a contract (please see appendix A).The contract stipulated that Mr. Langton would secure all necessary permits for the work to be completed. At the time we signed the contract we gave Mr. Langton a deposit of$12,000.The work proceeded and due to the amount of disruption it was causing we decided that we would accelerate plans regarding our kitchen and include it in the renovations,our thought being let's just go through this disruption once. We spoke with Mr. Langton and he said he was interested so we agreed to add the kitchen to the scope of work. However,we did not execute a new contract, but verbally agreed that Bill would remove the existing tile floor and replace it with wood that he would reclaim from our attic, and he would install new kitchen cabinets that we would purchase. No quote was provided, but Bill gave a verbal estimate of around $10K. The work progressed over a number of months. For the associated plumbing work Mr. Langton hired his son who he represented as a licensed plumber. Part of the plumbing work included installing a new shower valve.After Mr. Langton had removed the existing shower tiles and backing and his son installed the new shower valve (which we had purchased) and Bill retiled the shower enclosing the valve. We hired a separate company to fabricate and install countertops in the kitchen, laundry and bathroom. We had arranged with Mr. Langton to have his son at our house the day of the countertop installation as this work needed to be coordinated with certain plumbing work.The day of the countertop installation the installers showed up on time, but Mr. Langton's son no-showed. After waiting for over an hour my wife called Mr. Langton to inquire about his son's whereabouts and he replied that he should be there and he gave my wife his son's cell phone number to call. My wife called Mr. Langton's son and he said that he had informed his father that he had decided to go on vacation and that he would not be able to make it to our house. At this point, we had no choice but to try to find another plumber. I called a number of local plumbers, but they all declined stating that they would not take over a job that had already been started by another plumber. Finally, I contacted Cranney Home Services and they agreed to send a plumber over, but they would first need to pull a permit. I said I was fine with this, and that there should already be one on file (I assumed Mr. Langton's son had pulled a permit before he started his work). Cranney contacted the City of Salem and confirmed that no permit had been pulled so they pulled one and sent over a plumber.The plumber worked with the countertop installers and everything went fine with the exception of the installation of the shower valve finish.When trying to install the handle that adjusts the water flow from the tub to the shower the handle broke. The Cranney plumber said that he would order anew handle and when it was in he would come back and install it. He refused any payment until this was completed. Subsequently, Mr. Langton completed all of the other work with the exception of installing a small access door to the washer/dryer cabinet and a toe kick under the kitchen sink cabinet, and the installation of the plywood flooring in the attic. He said he would come back in the future to complete the installation of the toe kick and access door, but he said that the contract did not call for him to install plywood in the attic. We forwarded him the contract that clearly included this work.As the overall job was now running over five months we agreed to waive the attic flooring for a credit on the final invoice. He submitted a final invoice minus$500 (this was his estimate of the plumbing work his son should have completed), and minus $1,000 (this was his estimate for the cost of the attic flooring). We paid the final balance for the entire project on July 25, 2017 with the understanding that all work had been completed as stipulated in the contract, i.e. all installations were correctly done, and that Bill would come back in the future to finish the installation of the access panel and toe kick(he took the toe kick with him). Eventually,the new handle for the shower valve came in and Cranney came back to install it. However, they could not because, as it turns out, the shower valve was installed incorrectly and at a slight angle instead of perpendicular.This was confirmed by a second Cranney plumber and by Salem Plumbing and Supply from whom we purchased the valve. The Cranney plumber explained that the only way to fix the problem would be to take down a portion of the new tile and reinstall the valve. By this time, we had gone without use of this shower for over 10 months so I authorized Cranney to do this.They took down a section of the new tile and reinstalled the valve and confirmed that the trim would now fit. While this was all happening we attempted to contact Mr. Langton a number of times via email, text and voicemail, but with the exception of one response to an email he refused to reply.The one response we did receive berated us for not having contacted him sooner even though we had attempted to. As Mr. Langton refused to respond, we sent him a certified letter(please see appendix B) in an attempt to resolve the matter. Asking him, at a minimum, to finish the installation of the access panel and toe kick; especially the toe kick as he had taken this. However, the post office was unsuccessful in delivering the letter and Mr. Langton refused to pick it up at the post office.This has left us with no option, but to file this complaint. Currently,we have contracted with another tile installer who is going to come and retile the part of the shower where Cranney had to remove the tiles. To say the least we are very unhappy with Mr. Langton and his unprofessional and unethical behavior. It amazes me that he refuses to even acknowledge our attempts to contact him. My wife and I are lucky in that we have the resources to hire other professionals to fix the damage caused by Mr. Langton. However, we understand that other customers may not have that luxury and we feel an obligation to warn them. ftW11""L Pr W.J.Langton Carpentry & Cabinetmaking 16 Harding Ave Waltham Ma.02453 C.S#000443 H.I.0 174190 3/11/16 Proposal for carpentry and general contracting services for Melissa Gallery and Thomas Stantial of 328 Essex St. unit 4 Salem Ma. 1. Scope of work to include: (1) Protect wood floor, bench seating outside bathroom, cover doorways to bedroom living room and kitchen. Cover rugs on stairway and stairs in common areas. (2) Remove existing toilet and sink. (3) Remove tub walls and shower valve. (4) Install new shower valve purchased by homeowner. (5) Remove bathroom and laundry room tile floor. (6) Open up wall in laundry to move dryer vent duct and electrical outlet for stacking dryer. (7) Install ceiling fan in bathroom to be purchased by homeowner. (8) Install IC recessed lights in bathroom purchased by homeowner. (9) Patch wall in laundry room where dryer vent and electrical hookup was moved. (10)Install Dura rock wall board in shower for tile. (11) Install Hardie board cement board underlayment on bathroom and laundry room floor. (12)Tile and grout bathroom and laundry room floors tile and grout tub walls. Homeowners to supply tile and grout. (13) Make and install wainscoting for bathroom and laundry. (14) Make and install cabinet in bathroom wall recess. (15) Install vanity and sink top, toilet, and shower valve finish. (16) Install dutchman in laundry room door jambs adjust bathroom door to close and latch . (17) Paint bathroom and laundry room ceiling walls and trim work. (18) Install stainless steel drip pan for washer. (19) Install cabinets in laundry room purchased by homeowner. (20) Remove attic floor boards install new flooring in attic stack old floor boards in attic. (21) Remove all trash from work site. The estimated price of materials and labor is $22,700.00 2. Payment schedule $ 12,000.00 at singing of contract. 5,350.00 when rooms are tiled. 5,350.00 when job is completed Total amount of payments $ 22,700.00 3. Contractor's Duties General: (a) To direct and control the work contracted for in accordance with the terms of this contract and all applicable codes and regulations. (b) To obtain any and all construction related permits. (c) To inspect the site, examine the plans and specifications, and to direct the work of all subcontractors selected by W.J.L. (d) To maintain the work site in a safe and clean condition, to the extent consistent with the contract. (e) To advise the Owner promptly if concealed conditions are ascertained which require additional or different work, and to proceed in such event in accordance with this agreement. (t) To provide locked storage for any equipment tools property used in the performance of this contract, unless otherwise agreed upon in writing. 4. Owners Duties—General (a) To remove any and all personal or household items in the work areas, and for keeping all peoples, pets , personal and household items out of work areas or any storage areas to be used by W.J.L during the entire duration of this job, any delays caused by noncompliance with this paragraph will be billed at a rate of$ 62.50 per man hour. (b) To protect personal possessions such as, removing pictures and other wall hangings objects from opposite side of walls being worked on, due to the vibration that may be created. (c) To provide adequate utilities for the work agreed on. (d) To advise W.J.L. of any conditions on the property which affects W.J.L.' s ability to perform contracted work. (e) To allow come and go access during normal working hours (7:30 am to 5:00 pm) and shall furnish sanitary facilities. (� To provide secure storage areas for materials delivered to the work site. (g) To avoid interfering with the workers or subcontractors. (h) Owner shall notify their insurance agent of the execution of this agreement and obtain any necessary riders to their insurance coverage to cover the Owner's interests and liabilities during the construction process. 5. Change work order: Any extra work or materials desired by the Owner shall be agreed upon in writing and such extras-shah become part of this contract. Unless otherwise agree, extras shall e paid for as performed. Failure of the Owner to sign a change work order shall not preclude recovery for it by W.J.L. and acceptance of said work or materials should be presumed, unless there is a written notice to the contrary. Contractor shall advise Owner at the time of the agreement on an extra as to any additional time required to perform this extra work. All extra carpentry work will be billed at a rate of$62.50 per man hour plus cost of materials. 6. Extra landscaping / grounds exclusion Due to the nature of construction, there may be some damage to the landscaping. Dumpsters and heavy equipment may cause damage to the driveway black top and lawn. W.J.L. shall exercise reasonable care, and shall not be liable for any damage to the above-mentioned landscaping, lawn , or driveway. W.J.L. shall prune, cut or remove any trees or shrubs as necessary to perform its work and will only required to back fill any excavation. 7.Hidden defects, concealed, and unforeseeable conditions: The parties agree that in the event that W.J.L. discovers a condition requiring an extra cost that they shall proceed as follows: W.J.L. shall notify the Owner verbally at once to expedite agreement as to the charge to correct or cure such condition, and provide a written estimate as soon as possible. The parties must agree to such extra charges or agree to a resolution method, or this contract may be canceled by either of them. For the purpose of this contract, a hidden, concealed and unforeseeable condition not readily observable to an experienced contractor inspecting the property for the purpose of estimating for and performing the work specified within the contents of this contract. (Examples: rot, decay, insect damage . ledge, dangerous wiring) W.J.L. will handle these estimates with a change order. When signed by Owner , this revision becomes part of and in conformance with the existing contract. 8. Hazardous materials: Owner agrees to pay for all costs incurred in identifying, testing for, Handing, containment, and disposal of hazardous materials found at job site, including but not limited to lead, lead paints solvents and asbestos. Upon notification of the presence of hazardous materials, W.J.L. will immediately stop work in that area and notify the Owner. Work will resume according to a new work schedule after the problem has been properly corrected. 9. All agreements contingent upon strikes, accidents, or delays beyond W.J.L. control. 10.Delays/termination agreement: W.J.L. shall have the option of being released from this contract due to any strikes related to this project, accidents, prolonged illness, acts of God, or delays beyond W.J.L. control and shall be compensated for services and materials, based on a mutually agreed assessment, completed from start of project through the date and time of the event. 11.Termination disposition: Should a delay occur that would result in excessive inconvenience to the Owner or W.J.L. this contract may be terminated by either party, effective immediately upon delivery of written said termination notice by hand or certified mail. In the event of termination by either party, Owner agrees to pay W.J.L. any monies due based on all work completed and partially completed, at the time of termination,based on a mutually agreed assessment. Payment becomes due within thirty days of termination date. Any materials not yet delivered to the job site, but paid for by the Owner, will be delivered immediately, unless still on special order, and will become the property of the Owner. 12.Contractor Termination: (reason for) If payment not received as scheduled. Failure to provide any specific responsibilities as stated in Owners duties 13.Allowances made: In the event an allowance is not used that sum will be deducted from the contract. In the event the allowance is not enough to cover the cost of the item the homeowner is responsible for the difference. Work will be stared after the signing of contract first payment made. The following provisions must be included in any contract in accordance with the Home Improvement Contractors Program 780cmr-6 DO NOT SIGN THIS CONTRACT IF ANY SPACES ARE LEFT BLANK (1) All contractors and subcontractors shall be registered by the director and that any inquiries about contractor relating to a contractor should be directed to: Office of Consumer Affairs and Business Regulation 10 Park Place Suite 5170 Boston Ma 02116 (2) The owner has the right to cancel the contract for up to three days from signing under MGL c, 93s 48; MGL c,140D s. 10 or MGLc.255D s 14 as may be applicable. (3) THE CONTRACTOR AND THE HOMEOWNER HEREBY MUTUALLY AGREE IN ADVANCE IN THE EVENT THE CONTRACTOR HAS A DISPUTE CONCERNING THIS CONTRACT, THE CONTRACTOR MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRETARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE CONSUMER SHALL BE REQUIRED . TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN MGL c.142. OWNERS WARRANTS THAT THEY HAVE READ AND AGREE TO THIS ENTIRE PROPOSAL, INCLUDING THE PAYMENT SCHEDULE AS OUTLINED. AND THAT BY SIGNING THIS PROPOSAL THEY ACCEPT ALL THE CONDITIONS AND , PAYMENT SCHEDULE AS OUTLINED. Contractor signature date Owner signature date I i 3.0 i C ssz, : i 4 F, 1111111111111111111 -11-1 U.S. POSTAGE I!C �L �' 61 V A�i.s I OHARLESTOWN, MA 02129 7015 3010 0000 6949 2010 fefl E APF4 17 $ $66 \ 02439 I A2304MI 1 ® 0�J —J J v I (1 I� C�j�� � � � ' "-�.-�� , . , `6onald I n�iru�tL— or a� av�r" fo�atedai 28 tai c�eee i+t�t�w�re� �f�essz,l�a�fe#01970 `lone 744-202 or 74 .3220 July 26, 1996 John H. Carr, Vice Chairman Salem Historical Commission 7 River Street Salem, MA 01970 RE: 328 Essex Street Side porch (porte-cochere) Dear Mr . Carr: Pursuant to our telephone conversation yesterday, July 25, 1996, please accept this letter as my formal request for a Certificate of Non-Applicability to the Historical Commission. We intend to commence forthwith the renovation of the side porch or porte-cochere at 328 Essex Street . I am directed by the Building Inspector to address the Commission with respect to our intent. As soon as we have received the Certificate of Non-Applicability (or exemption from the need to appear before the Historical Commission for changes) , renovation will be undertaken. Thank you for your cooperation. Sincerely, Donald Koleman DK: dab cc: Leo E . Tremblay, Inspector of Buildings Robert LeDoux, City Solicitor 1 OG?00 Titu Af tmIrm. massac4usPtts Public Propertg Department Nuilbing Department (One dalem (Srern 5011-745-9595 Fin. 390 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1996 Koleman Realty Trust Mr . Donald Koleman 328 Essex Street Salem, Mass . 01970 RE : 328 Essex Street Dear Mr . Koleman : On August 10 , 1995 a letter was sent to you with several violations , which needed immediate attention. On July 22 , 1996 , I received a complaint concerning the entrance and conducted an inspection. You are required to do immediate repairs to the side entrance to assure the safety of the building occupants , such as adequate shoring. I also want to see some paper work filed with the Historical Commissionfor permanent repairs . Failure to do so within ten ( 10 ) days with the Historic Commission will lead to legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, 0 Leo E . Tremblay Inspector of BuilIngs LET: scm cc : Jane Guy Robert LeDoux Councillor Flynn , Ward2 3-06-1998 1 :30PM FROM p- 1 .s. r itv of �c[em, aS�aL�ju�Ptt '�:: r,- �Firr 7rpartmnit �lraatlnartcr5 4: Latavrttr trrrt Qalrtn. �fia.O1070 RECORD OF COMPLAINT DATE: `� ''��ih RECEIVED BY: SUBJECT: U/✓Jf/E� �G//L/�/n/G �.'nN✓�/�UC�/nit/ LOCATION: COMPLAINT 8Y. I`>�9r/o�/ / ��6cT/o ,�r ADDRESS. NARRATIVE: CSVF-.�f/fJ�/� AJ�D ✓C 1FTy°/��" �1�ja.Q� �+e h�9zi9 1J !/ �F ?a /tif���� ��<o r�n� ar✓ � �/may s�� /� SITE INSPECTION BY: a ( �i_.�l . a/ DATE: 3z�Aup _ COMMENTS_ REFERRED TO: �,, �1L( SIGNED: Form $58 (Rev. 9/90) NEW ENGLAND CLAIMS SERVICE, INC. Reply To❑ Reply To ❑ 100 CONIFER HILL DRIVE,SUITE 308 P. O. BOX 578 DANVERS,MA 01923 SHREWSBURY, MA 01545 TEL. (508) 777-9900 TEL. (508) 842-3995 FAX (598) 774-9296 _ _ FAX (508) 842-7510 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139. Sec. 3D TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen 14 h-LL <,-- addresses addresses RE: INSURED k SLE ra a u PROPERTY ADDRESS 3 i=ssue ST POLICY NO.: LET U b 2ti —a z LOSS OF: _ ��I b 19–= FILE OR CLAIM NO.: - '6u Claim has been made involving loss, damage or destruction of the above-captioned property which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143 Section 6 to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3D is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. TITLE On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. G SI NATURE Af D DATE CC: Fire Dept . CITY OF SALEM - MASSACHUSETTS ROBERT A.LEDOUX Legal Department LEONARD F FEMINO City Souator 93 Washington Street Assistant city Solicitor 50&74&= Salem, Massachusetts 01970 508-M4990 September 5, 1995 Mr. Leo E. Tremblay Building Inspector One Salem Green Salem, Massachusetts 01970 RE : 328 Essex Street, Salem, Massachusetts Dear Mr. Tremblay: I received a call from Donald Koleman with reference to your letter to him dated August 10, 1995 . I am also enclosing a letter from Donald Koleman to myself regarding the issues raised in your letter. Would you please advise me as to whether or not this satisfies your needs . Very truly yWX 4 �RT ALE RAL/leh Enclosure File # 08/23/1995 15:17 5087412423 COMPETITION MOTORS PAGE 01 VJt� jwtfta32x freed' i+v� la726�2 t,�j cst�019T0 A lartCt a,71�3220 August 23, 1995 Robert A. Ledoux, Esquire Fax No. 745-6209 RE : Koleman Realty Trust 328 Essex Street Dear Bob: To follow up on our conversation regarding the above- referenced matter, I wanted to bring to your attention to the fact that Leo Tremblay's letter was dated the 8th of August 1995 and indicated that, "failure to contact him within 15 days will result in court action being taken against you. " This letter was received on Friday, August 18, 1995, the day that I spoke to you in person about this matter and one other matter. With reference to the six numbered paragraphs, I have the following response: 1 . The citation of Section 7-1, Trailers, from Article VII, Supplementary Regulations of the Salem Zoning Ordinance, contains an error on line 5 following the word "building. " The word "or" has been added before the word "an." 2 . A classic 1969 Chrysler 300, which was unregistered, has been removed from the premises. 3 . Sale of Vehicles: I am informed by a tenant that they have disposed of two cars, which were on premises. I believe that both of these cars at various tires had "For Sale" signs on them. 4 . We have previously made arrangements for the side porch to be rebuilt; however, the contractor was unable to fulfill his commitment in the period of time requested. We have contacted another contractor to do the repairs, which will be undertaken shortly. 08/23/1995 15:17 5087412423 COMPETITION MOTORS PAGE 62 Robert A. Ledoux, Esquire Page 2 5 . It is difficult to exert control over the tenants with regard to their parking, although they have instructions as to what areas are available tt: park in. However, we will take necessary measures to number parking spaces on the fence. 6. we acknowledge procedures relative to the historic district. I would like you to understand that I will take every measure to comply with the proper requests of the Building Inspector or of the City in the proper spirit of cooperation. I want to point out, however, that I have had a trailer on premises in the same location in excess of ten years now. In the spirit of adjusting any complaints, I would be willing to place the trailer in the very rear of the driveway close to the coach house by moving my Herreschoff S boat, which is sitting on a cradle next to the coach house. I am not aware of any set back requirements for the storage of the sail boat, which I could move farther down the driveway towards the front of the building or, in a true spirit of adjustment, would consider moving the boat and relocating it to another storage area off premises . It is, of course, my intent to appropriately make . adjustments and compromises as would benefit the meaning and intent of the zoning bylaw. Many thanks to your looking into this and I trust that you will be in touch directly with Leo Tremblay. Sincerely , r� Donald Koleman a Public PropertU Bepurtment 9pGmne�`' 'Builbing Department Cine L4alem 6rren 70 d-747-9195 Lxt. add Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 10, 1995 Koleman Realty Trust Mr. Donald Koleman 328 Essex St. Salem, MA 01970 RE: 328 Essex St. , Salem, MA Dear Mr. Koleman: Upon receiving a complaint from some of your concerned neighbors, I conducted an inspection of the above mentioned property and have found the following violations. 1 . Dead storage and/or parking of trailers will be permitted in accor- dance with the following provision: Trailers shall not be stored in any front yard. If stored in any side or rear yard, the trailer shall not be placed closer than ten - (10_).. feet from any lot line or within five (5) feet of any building or an adjacent lot. -_.arN 2 . You must remove all unregistered vehicles from property. 3. Sale of vehicles: only one (1) vehicle or item, as listed herein before may be displayed for sale in any twelve (12) month period. The registered owner must reside in and be the owner of the prop- erty on which the vehicle for sale is displayed. Persons of the first degree of kindred permanently residing in the dwelling unit may be included in this interpretation. A . Structural repairs must be made immediately to the side entrance roof area. (This is an unsafe condition) . 5. Parking spaces for tenants should be marked out so vehicles are parked in an orderly fashion. 6. This property is located in the Historical District and you are required to get a Certificate of Compliance from the Historical Commission for any repairs. 7 Please contact this office upon receipt of this letter as to inform us of your course of action in this matter. Failure to do so within fifteen (15) days will result in court action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Building Inspector LET/jmc cc: Councillors : K. Harvey J . Stirgwolt W. Burns S. Hsnvirz u�,l- ��� �� �� `� 1 of �ttlem, ittssar4usetts Public 'Vropertp i9epartment wilding Department (One 0-slem Green 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 10, 1995 Koleman Realty Trust Mr. Donald Koleman 328 Essex St. Salem, MA 01970 RE: 328 Essex St. , Salem, MA Dear Mr. Koleman: Upon receiving a complaint from some of your concerned neighbors, I conducted an inspection of the above mentioned property and have found the . following violations. 1 . Dead storage and/or parking of trailers will be permitted in accor- dance with the following provision: Trailers shall not be stored in any front yard. If stored in any side or rear yard, the trailer shall not be placed closer than ten (10) feet from any lot line or within five (5) feet of any building or an adjacent lot. 2. You must remove all unregistered vehicles from property. 3. Sale of vehicles: Only one (1) vehicle or item, as listed herein before may be displayed for sale in any twelve (12) month period. The registered owner must reside in and be the owner of the prop- erty on which the vehicle for sale is displayed. Persons of the first degree of kindred permanently residing in the dwelling unit may be included in this interpretation. 4. Structural repairs must be made immediately to the side entrance roof area. (This is an unsafe condition) . 5. Parking spaces for tenants should be marked out so vehicles are parked in an orderly fashion. 6. This property is located in the Historical District and you are required to get a Certificate of Compliance from the Historical Commission for any repairs. Please contact this office upon receipt of this letter as to inform us of vour course of action in this matter. Failure to do so within fifteen ( 15) days will result in court action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblav . Building Inspector LET/jmc cc: Councillors: K. Harvey J. Stirgwolt W. Burns S. Usovicz PosTACE POSTMARK OR DATE Q RETURN SHOW TO WHOM,DATE EANO/ RESTRICTED / Wa RECEIPT ADDRESS OF DEIJ W O CERTIFIED FEE+RETURN RECEIPTW N SERVICE >IS TOTAL POSTAGE AND FEES Z IS V NOINSWIANLE CMERAE PROVIDE - W¢ SENT TO; NOT EOR MTERNATIONAL MAIL 00 as OQ r�r Mx. Donald Roleman - aw 'r yoleman Realty Trust ,- MW W W a 328 Essex St. cxio ru Salem, MA 01970 w W� 0- J S a/- PS FORM 3800 z RECEIPT FOR CERTIFIED MAIL o I- a . rom�sim'Eice 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 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 thecertified-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.It 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. ENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • complete items 3,and as a b, following services(for an extra fee): • Print your name and address on the reverse of this form so that we can return this card 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. El Restricted Delivery The date of Return Receipt Fee will pup you the signature of the person delivered to and the Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 797 Mr. Do:uald Kolempt r. iem:.. Y,taYt/ 4b.Service Type v.. . Tzur,S 318 Enaeix St. CE TIFIED Salecs, IIA 01910 • 7.Date of 'v ry 5.Sig tur —(Addr ssee) 8.Addressee' A res / (ONLY if requested and fee paid.) 3. ign tur —(Agent) PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service® _ESSF II w Official Business - z, PENALTY FOR PRIVATE USE,$300 IllrrrrrrllldrJr„IlLrrrJlJrrrLJ�irl�rll�rrll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 'I J / { Tito of Jalrm, Mttssar4usetts Publir Property Department 9P°'"^ted iguilbing Department (ane dalem (5reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 10, 1995 Koleman Realty Trust Mr. Donald Koleman 328 Essex St. Salem, MA 01970 RE: 1328 Essex St?, Salem, MA Dear Mr. Koleman: Upon receiving a complaint from some of your concerned neighbors, I conducted an inspection of the above mentioned property and have found the following violations. 1 . Dead storage and/or parking of trailers will be permitted in accor- dance with the following provision: Trailers shall not be stored in any front yard. If stored in any side or rear yard, the trailer shall not be placed closer than ten (10) feet from any lot line or within five (5) feet of any building or an adjacent lot. 2. You must remove all unregistered vehicles from property. 3. Sale of vehicles: Only one (1) vehicle or item, as listed herein before may be displayed for sale in any twelve (12) month period. The registered owner must reside in and be the owner of the prop- erty on which the vehicle for sale is displayed. Persons of the first degree of kindred permanently residing in the dwelling unit may be included in this interpretation. 4. Structural repairs must be made immediately to the side entrance roof area. (This is an unsafe condition) . 5. Parking spaces for tenants should be marked out so vehicles are parked in an orderly fashion. 6. This property is located in the Historical District and you are required to get a Certificate of Compliance from the Historical Commission for any repairs. Please contact this office upon receipt of this letter as to inform us of your course of action in this matter. Failure to do so within fifteen ( 15) days will result in court action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay . Building Inspector LET/jmc cc: Councillors : K. Harvey J. Stirgwolt W. Burns S. Usovicz August 8, 1995 Carter & Donna Vinson 330 Essex Street Salem, MA 01970 745-1647 Mr. Leo E. Tremblay Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: 328 Essex Street Dear Mr. Tremblay, I want to report and herebyfile_a complaint against my neighbor, Donald Koleman, of(i28_Essex.Street7in Salem, for what I believe to be violations of Sections 7-1 (regarding trailers) and 7-3 (regarding design of off-street parking) of the Salem Zoning ordinance. My wife and I have owned our residence at 330 Essex Street since March of 1989. During the past six years, we have endured a number of Mr. Koleman's zoning violations, including the operation of an antique automobile restoration business out of his carriage house at 328 Essex Street, the use of his residence's parking lot as a showroom for customer sales, the storage of his approximately 40- foot-long trailer against our fence and in close proximity to our dwelling, and the large number of cars that his tenants and visitors have parked in his yard and driveway. Although the former two problems have been alleviated in recent years by Mr. Koleman's use of Cooper's Garage on Essex Street, the latter concerns, specifically the use of his rear lot to lodge a commercial trailer and his front yard to accomodate excessive tenant parking (directly underneath our kitchen window) remain troublesome. 328 Essex Street is a very visible and important property, and the perception one gleans is of a used car lot; indeed several of the cars on Mr. Koleman's "lot" appear to be for sale. These violations of the zoning ordinance greatly impact my wife's and my ability to enjoy the peace of our house and significantly detract from our neighborhood. I request that your department investigate our complaint. I or my wife would be happy to meet with you or a member of your office for further discussion of these issues. We would appreciate your response regarding the outcome of your investigation of our complaints as soon as possible. Sincerely, nc � Carter L. Vinson cc: Kevin Harvey, Ward 2 Councillor Jane Brady Stirgwolt, Councillor-at-large William Russell Burns, Councillor-at-large Stanley J. Usovicz, Councillor-at-large Daniel Geary, Constituent Services, City of Salem (situ of iftlem, massar4usetts Public Prnpertg Department Nuilbing Department (One deem (6reen 508-745-9595 Ext. 380 Leo E. Tremblay — Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1996 Koleman Realty Trust Mr . Donald Koleman 328 Essex Street Salem, Mass . 01970 RE: 328 Essex Street Dear Mr . Koleman : On August 10 , 1995 a letter was sent to you with several violations, which needed immediate attention. On July 22 , 1996 , I received a complaint concerning the entrance and conducted an inspection. You are required to do immediate repairs to the side entrance to assure the safety of the building occupants , such as adequate shoring. I also want to see some paper work filed with the Historical Commissionfor permanent repairs . Failure to do so within ten ( 10 ) days with the Historic Commission will lead to legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter . Sincerely, ccrv�G lings Leo E . Tremblay Inspector of Buil LET: scm cc: Jane Guy Robert LeDoux Councillor Flynn, Ward2 of t'�ttlrm, ftts1iar4usPtts Public Prupertg Department 'Builbing Department (One #stem Green 500-735-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 10, 1995 Koleman Realty Trust Mr. Donald Koleman 328 Essex St. Salem, MA 01970 RE: 328 Essex St. , Salem, ^A Dear Mr. Koleman: Upon receiving a complaint from some of your concerned neighbors, I conducted an inspection of the above mentioned property and have found the following violations. 1. Dead storage and/or parking of trailers will be permitted in accor- dance with the following provision: Trailers shall not be stored in any front yard. if stored in any side or rear yard, the trailer shall not be placed closer than ten (10) feet from any lot line or within five (5) feet of any building or an adjacent lot. 2. You must remove all unregistered vehicles from property. 3. Sale of vehicles: Only one (1) vehicle or item, as listed herein before may be displayed for sale in any twelve ( 12) month period. The registered owner must reside in and be the owner of the prop- erty on which the vehicle for sale is displayed. Persons of the first degree of kindred permanently residing in the dwelling unit may be included in this interpretation. 4. Structural repairs must be made immediately to the side entrance roof area. (This is an unsafe condition) . 5. Parking spaces for tenants should be marked out so vehicles are parked in an orderly fashion. 6. This property is located in the Historical District and you are required to get a Certificate of Compliance from the Historical Commission for any repairs. Please contact this office upon receipt of this letter as to inform us of your course of action in this matter. Failure to do so within fifteen (15) days will result in court action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Building Inspector LET/jmc cc: Councillors : K. Harvey J. Stirgwolt W. Burns S. Usovicz ; � t.. � . a �s� F $ Y � ' 4 � a 6 July' 18 1996 Donna Vinson 330 Essex Street Salem, 'MA 01970'_, Mr. Leo E. ,Tremblay. , ` Director of 'Public .Property, . Inspector of Building & Zoning Enforcement Officer, ,. City of Salem . One Salem Green Salem, ,MA 01970 Dear Mr. Tremblay, I thank you for your very prompt attention to . the matter. of zoning violations at 328 Essex Street last year;but I am afraid that we must revisit the matter as Mr - Koleman ' has .neglected to rectify' the. situation. You cited numerous violations in your ,letter of August 10, 1995 (enclosed) , 'but I think -that three are exceptionally blatant. ' at this time: 1) Parking:' Mr. Koleman's, many tenants park their various cars in ,his side yard, immediately adjacent„to our fence and very - close to` the .sidewalk. Certainly ,it would be more :appropriate and more, attractivefor them, to park'-in the rear parking space. , . 2) Car Trailer: Mr. Koleman's large cartrailer; which he, uses to transport cars to his garage,further along`Essex Street and. ` elsewhere .several times a . day,. (completely halting Essex Street . -,traffic.!:), is also parked immediately adjacent- to our fenbe. I ' dispute ' his; right -.to park a commercial trailer in a residential (and historic) district of 'our city. k 3) The side entrance: is even more unsafe and unsightly.than : , lastyear. a In closing, I,*want' to thank 'you ;agai-n >for,”your 'immediate attention to, this ongoing problem last year.':;: Many.of our, neighbors . have expressed `concern. about'Mri ' Koleman's casual attitude toward. his .residence', over the years,' (especially ,- with, then increasing deterioration :,of his historical fences) ; and -yours:1 is , the only . office to which we can .appeal for help. . Sincerely, ' ccx Ward Two Councillor Regina Flynn y - August 8, 1995 Carter & Donna Vinson 330 Essex Street Salem, MA 01970 745-1647 Mr. Leo E. Tremblay Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: 328 Essex Street Dear Mr. Tremblay, I want to report and hereby file a complaint against my. neighbor, Donald Koleman, of 328 Essex Street in Salem, for what I believe to be violations of Sections 7-1 (regarding trailers) and 7-3 (regarding design of off-street parking) of the Salem Zoning Ordinance. My wife and I have owned our residence at 330 Essex Street since March of 1989. During the past six years, we have endured a number of Mr. Koleman's zoning violations, including the operation of an antique automobile restoration business out of his carriage house at 328 Essex Street, the use of his residence's parking lot as a showroom for customer sales, the storage of his approximately 40- foot-long trailer against our fence and in close proximity to our dwelling, and the large number of cars that his tenants and visitors have parked in his yard and driveway. Although the former two problems have been alleviated in recent years by Mr. Koleman's use of Cooper's Garage on Essex Street, the latter concerns, specifically the use of his rear lot to lodge a commercial trailer and his front yard to accomodate excessive tenant parking (directly underneath our kitchen window) remain troublesome. 328 Essex Street is a very visible and important property, and the perception one gleans is of a used car lot; indeed several of the cars on Mr. Koleman's "lot" appear to be for sale. These violations of the zoning ordinance greatly impact my wife's and my ability to enjoy the peace of our house and significantly detract from our neighborhood. I request that your department investigate our complaint. I or my wife would be happy to meet with you or a member of your office for further discussion of these issues. We would appreciate your response regarding the outcome of your investigation of our complaints as soon as possible. Sincerely, �-y4A Y `� Carter L. Vinson cc: Kevin Harvey, Ward 2 Councillor Jane Brady Stirgwolt, Councillor-at-large William Russell Burns, Councillor-at-large Stanley J. Usovicz, Councillor-at-large Daniel Geary, Constituent Services, City of Salem J t City of Salem, Massachusetts Fire Department ��gry�pB 48 Lafayette Street Robert`W.Turner Sakm, Massachusetts 01970-3695 Tire Prevention Chief Tel 978-744-1235 Bureau 978-744-6990 Fax 978-745-4646 978-745-7777 RECORD OF COMPLAINT DATE: RECEIVED BY: SUBJECT: LOCATION:' �—�� COMPLAINT BY: � �. ADDRESS : NARRATIVE: GLtei LIZ 21-7 '/, i �'�/ � ✓/roc � j/t. r -. r I�SPECTED BY: DATE: ' COMMENTS: REFERRED TO : SIGNED : Form #58 (revised 3/97) Ir HAND DELIVER COPIES OF THE FOLLOWING: MASSACHUSETTS GENERAL LAWS : SALEM FIRE PREVENTION CODE : I have received on this date from of the Salem Fire Prevention Bureau and witnessed by Officer of the Salem Police Dept . , copies of laws and regulations relative to. Sti ko �ti D1971 i Zed � � ----- Ile — CU CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR ���MINB SALEM, MASSACHUSETTS 01970 ` STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 September 14, 2004 John H.Carr Jr. Esq. 9 North Street Salem, Ma. 01970 RE: 324-328 Essex Street Dear Mr. Carr: This office has received your"Notice of Appeal" dated August 20`" of 2004. The Salem Zoning Board requires the petitioner to file an application and to pay the associated fees to be on the agenda for the October meeting. The application is available in this office. If you have any questions, please contact my office. Sin ly, Thomas St. Pierre Building Commissioner cc: Nina Cohen, Chairperson, ZBA Attorney George Atkins III Attorney Scott Grover John H. Carr, Jr., Esq. 9 North Street Salem, MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 July 15, 2004 By Hand Thomas St. Pierre, Acting Building Inspector City of Salem 120 Washington Street, P Floor Salem, MA 01970 RE: 324-328 Essex Street Dear Mr. St. Pierre: Echoing the multiple testimony from several different neighbors given at last night's Board of Appeals hearing relative to the above property, which(incidentally) didn't include several other neighbors who were in the room and wanted to raise the same concerns before the hearing was suspended, this is to formally request that you commence an immediate investigation regarding the correct number of legally grandfathered units at said property. As you heard at last night's meeting, there are several neighbors (myself included) who seriously question the applicants' representation to the Board that there are currently six legally grandfathered residential units at said property. Over the upcoming days and weeks I intend to furnish you with affidavits and other supporting information regarding why we believe that there are not 6 legally grandfathered units at said property. I would also point out that under Massachusetts law the burden of proof is on the owner who claims he or she has a legally grandfathered use and/or structure and not on those who claim otherwise. Would you or someone else at your office kindly acknowledge receipt of this letter by date-stamping the enclosed copy thereof. i Thank you in advance for your anticipated cooperation in this matter. cry John H. C Jr. Cc Nina Cohen, Chairperson George Atkins, Esq. Mr. &Mrs. Robert Maier Mr. Timothy Jenkins Mr. James Kearney Mrs. William Russell Burns, Jr. Mrs. Peter Merry Mrs. Pamela McKee i. \ J � CITY OF SALEM9 MASSACHUSE'ftkf Or 'S P'LEM. MSA + BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 7 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1004 AUG 24 P 3' 08 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF MANNETTA-HERRICK LLC. REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED-AT 324-328 ESSEX STREET R2 A hearing on this petition was held on August 18, 2004 with the following Board Members present: Nina Cohen, Chairman,Joseph Barbeau, Stephen Harris,Bonnie Belair and Edward Moriarty. 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 request a Special Permit for use of a Historic Carriage House as a single family dwelling in conjunction with existing non-conforming six unit residential structure for the Property located at 324-328 Essex Street in an R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2)(8)which provide as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may,in accordance with the procedure and conditions set forth in Section 8-6 and 9-4,grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes,enlargement, extension or expansion,of nonconforming lots, land, structures,and uses,provided however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms,this Board is,when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare for the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise,to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. lui_ t DECISION OF THE PETITION OF MANNETTA-HERICK LLC REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 324-328 ESSEX STREET R2 page two The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans,makes the following findings of fact. 1. Petitioner is the prospective buyer of an historic property at 324-328 Essex Street, consisting of a three-story brick home formerly occupied by Caroline Emmerton, founder of the House of the Seven Gables... The house,which is in poor condition, has almost 10,000 square feet of interior space on a half-acre lot with a two-story carriage house. 2. Petitioner initiated this application at a meeting last month at which the neighborhood questioned how many dwelling units were allowed in the main building. Following some discussion,the Board asked the Building Commissioner to make a determination on the question of allowed dwelling units. The Building Commissioner's investigation resulted in a determination that the building is an existing non-conforming legal six-unit dwelling,having legally housed six units prior to the passage of the Zoning Ordinance. (See letter to Paul Herrick 7/21/04). 3. Following the initial meeting,petitioner met with neighbors and discussed concerns surrounding the proposed redevelopment. In accordance with the expressed wishes of the neighborhood for decreased density, petitioner agreed to limit the number of planned condominium units to 5,with four units inside the main building and one in the carriage house. Petitioner will provide 2 off-street parking spaces for each unit,with a turnaround area on site. Income from the sale of the 5 units will fund the planned renovation to the property, including exterior and interior renovations to the main house and carriage house, restoration of the Colonial Revival garden behind the main house,and restoration of the iron fence at the front of the main house. Condo fees will provide an income stream sufficient for the upkeep of the building and grounds. 4. A lively discussion ensued,at which some neighbors expressed approval of the Development with others opposed it, arguing that the density was still too great. The supporters included fourteen neighbors who signed a petition submitted by Pam McKee, the real estate broker,and John and Claire Casella of 8 Beckford St. Richard dt Diane Pabich, owners of the Salem Inn at 331 Essex St., Charles Claar of Allen Street and Maura McGrane of 31 Chestnut St. Opposed to the added density were David and Sharon Williams of 342 Essex St., Rob Maier of 335 Essex St.,Maggie Lundon of 100 Federal St., Mrs. William Burns of 22 Beckford Street and John Carr, Esq. of River Street. erg ; DECISION OF THE PETITION OF MANNETTA-HERRICK LLC REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 324-328 ESSEX STREET R-2 page three 5. Immediate abutters William LeMoss and Robert Harvey, condominium owners of a duplex property at 330 Essex St.,testified that a right of way exists allowing emergency egress from the rear unit at 330 Essex through and over the 328 Essex Street property,and they requested that the right of way be continued for the benefit of their ownership and that of succeeding owners for emergency use. This request was agreed to by the petitioner and his attorney. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. , 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues, code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per plans and dimensions submitted to and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit before starting any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing stricture. DECISION OF THE PETITION OF MANNETTA-HERRICK LLC REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 324-328 ESSEX STREET R-2 6. Certificate of Occupancy shall be obtained for all units. 7. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said numbers as to be visible from the street. 8. Property shall be limited to 4 units inside the main building and one in the carriage house,all with condo documents. 9. Access to rear of 330 Essex Street shall not be blocked by structure or parking. 10. Parking plan shall be done as per plans submitted on August 18,2004. Special Permit Granted ��(/}LL'vl G`7Lv/►t Cs��� August 18, 2004 Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A, and shall be filed within 20 days after the date of Sling of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been Sled,or that,if such appeal has been filed,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title. o CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL - CITY OF SALEM.MA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S G f ECt i SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. -1007-MAY - I P 41 40 , MAYOR DECISION OF THE PETITION OF WENDY SCHAFLANDER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 328 ESSEX STREET R-2 A hearing on this petition was held April 30, 2003 meeting with the following Board Members were present: Nina Cohen Chairman, Stephen Harris, Richard Dionne, Bonnie Belair and Joseph Barbeau. 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. At the request of the petitioner, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice requesting a Special Permit for the property located at 328 Essex Street located in a R-2 zone. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE APRIL 30, 2003 Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal ¢o CITY OF SALEM9 MASSACHUSETTS ye`$ PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR l'• � SALEM, MAO 1 970 TEL. (978)745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR January 29, 2003 John Webster III P.O. Box 832354 Richard,Texas 75083-2354 RE: 328 Essex Street Dear Mr. Webster: This department has been made aware of renovation work at your above-mentioned property. We have no records of any permits for this work under the authority of Massachusetts State Building Code 780 CMR;Section 119. A stop work is in effect. You are ordered to contact this office within 10 days upon receipt of this letter to address this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Fire Prevention Electrical Department fllitu of �$Nfrm, �Httssttrljusetts 3 �•, poara of E'\apeal �II z os py .98 C/rr or r C<<RK'SIOF� Mq,Ss DECISION ON THE PETITION OF ERIC HOLLAND S STEVE BUHLER REQUESTING ?. F�CF, SPECIAL PERMIT FOR THE PROPERTY LOCATED AT T3?8 E—SSEX STREET^R=?, , A hearing on this petition was held September 16, 1998 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Ronald Harrison and Michael Ward. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit in accordance with Section 5-3(j ) ,8-6, and 9-4 for interior alterations of a nonconforming structure and change of a nonconforming use from a six (6) family residence to one (1) owner occupied residence with either eight (8) guest rooms for hire as a bed and breakfast. Fourteen (14) vehicle parking spaces are provided on the site as shown on plans submitted to the board. In accordance with Section 5-3 (j ) , the change of use requested is not more detrimental to the neighborhood than the existing six (6) family use. In addition, the Special Permit may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the zoning ordinance, as required by Section 8-6. Further, since the use as changed (1) will not depart from the intent of the zoning ordinance, (2) will not depart from the prior degree of use as a six (6) family residential structure, and (3) will unreasonably increase the prior nonconforming use in volume or area, the Board is authorized in accordance with Section 9-4 (b) to grant a Special Permit. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. R. DECISION OF THE PETITION OF ERIC HOLLAND & STEVEN BUHLER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 328 ESSEX STREET R-2 page two 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 petitioners were represented by Attorney George Atkins. 2. Architect Staley McDermet of Salem, representing the petitioners, displayed architectural drawings as to what was intended with the property, a large Federal-style mansion originally constructed in 1818 and remodeled in 1888. 3. A letter was read from H.B. and J. Peabody of 6 Federal Court in favor of this petition but with several conditions that were suggested. 4. In addition, two letters in opposition were received from Christine Connelly of 346 Essex St, and Mr. & Mrs. Thomas Griffin of 14 Beckford Street. 5. An additional letter, from the Salem Historical Commission, Helen Sides, chairwoman, stressed that if the board approved the petition, the petitioners must still meet and gain approval from the commission. 6 . Speaking in favor of the petition and attending the meeting were Dale Yale, 153 Federal St. , Sarah Smith, 17 High St. , Julie Tache, 22 Shore Ave. , who identified herself as the real estate broker of the property, and Thomas Kovac of 333 Essex Street. 7 . Fourteen members of the neighborhood group, along with Ward 2 Councillor Regina Flynn and Ward 3 Councillor, Joan Lovely, spoke in opposition to the petition. Those residents speaking in opposition were: William Burns, 22 Beckford St. , John Kelly, 3 Cambridge St, Peter Kempthorne, 7 Botts Ct. , John Carr, 7 River St. ,Diane Williams, 342 Essex St. , Williams Gunther, 365 Essex St. , Diane McBride, 330 Essex St. , John Fifield, 43 Chestnut St. , John Bedell, 6 Cambridge St. , James Carney, 1 1/2 Cambridge St. , Tim Clark, 361 Essex St, Jeremiah Burns, 15 Chestnut St. O.Palmer Sweeker, 380 Essex St.and Peter Merry, 8 Botts Court. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2 . The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety,convenience and welfare of the City's inhabitants . G N _ m N G �c E:,o', O "Y tR T A ♦a at DECISION OF THE PETITION OF ERIC HOLLAND & STEVE BUHLER REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 328 ESSEX STREET R-3 page 3 Therefore, the Zoning Board of Appeal voted 2 in favor, and 3 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED / \ September 16, 1998 Ronald Harrison Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 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 or Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal C-) N n74 M� � N r o n o "x cn n2 rn 2- (n(n to ur m 1 STALEY McDERMET ASSOCIATES PRESERVATION& RESTORATION ARCHITECTURE 175 Essex Street Salem,Massachusetts 0 1970-3 726 978-745-4969 4 O 4 COPY 41- October October 8,2001 John Webster The Loring-Emmerton House 465 N 3rd Street Porte-Cochere Framing San Jose,CA. 95112 Job No. 0125 Dear Mr. Webster: Under an initial reading of the current sixth edition of the Massachusetts State Building Code,residents of the Loring-Emmerton House would not be allowed to use the roof of the porte-cochere, for instance as a deck or balcony. Obviously,given the existing double doors to the porte-cochere, it was originally built and intended to accommodate people. However,the current code requires a live load for"Balcony,decks(exterior)" in multi-family buildings(3 or more units)of 100 pounds per square foot, or more than 80 people weighing 150 Ib.each. This 100 psf loading requirement of the current code cannot be met because of the constraints of the original construction. The beam(between the restored columns at the outside comers of the porch)that provides intermediate support to the cantilevered structure cannot be made big enough because the space available for the beam is only 4%" x 5%". A 5'/d'x 5'/ ' glue-lam beam will satisfy the current code for snow load,and will fit by adjusting the thickness of the trim. In order to carry the 100 psf required by the current code,the beam would have to be much larger than it was originally. However,the code does allow the Building Inspector some discretion when dealing with historic buildings. Because the Loring-Emmerton House qualifies as a historic building and because the requirements of the present building code cannot be meet while working within the constraints of the original construction,the Building Inspector has agreed that the porte-cochere can be replaced with a lesser design loading, and residents can be allowed out on its roof,provided that the number of people allowed on it at one time is limited. The required snow load can be translated into an occupancy load of 15 people,assuming all 15 people were standing on the end of the roof, a worst-case condition. This of course assumes that people will not be on the roof at the same time snow is on the roof. Therefore,as long as no more than 15 people are allowed on the porte-cochere roof at one time, it can be constructed per the attached drawing and specifications and used by the residents. This letter will be attached to the drawings and specifications for the building permit and kept on file at the office of the Salem Building Inspector. Sincerely, Staleyrmet SM/sb Enclosure: SK-S-1, Porte-cochere-Framing Plan, 9/24/01, page one of two SK-S-1, Porte-cochere-Notes on Framing Plan, 9/24/01,page two of two cc: Thomas St. Pierre;Salem Assistant Building Inspector - -Jeff-McKee -* '1, 1 F. ^Robert Levesque,Jr. COPY '' � Nlfs FJ�trPw�If�Qu`a _ i _ I 1 (NCYIE��> r' I , i L X9 �r` - Ik�tt F 1'K111f3 I ZIX& ' , VF/:d� I mm, 0-t- I i C T CNvte4 yet, 2iK .'!, 1 . � N C I I � �, o• ' I , T i X� 1 - '� _ i I 1 I F I I ILA1 , _ r I F I_— � t`LL�J t,%,hn4h1�"C'u4J �1�`N,N4 ry _.i. i , )LmE5 i _._ogrC3CG. 1 1 , ' ! 1 1 , i 1 ' PORTE-COCHERE DATE: 9124/2001 EDARC1jy `�•.<< FRAMING PLAN DRAWING NO. THE LORING-EMMERTON HOUSE SK-S' 1 1 .; W 328 Essex Street Salem, Massachusetts (1 of 2 sheets) A Jy 7H Of 116'— STALEY McDERMET ASSOCIATES SCALE:%"=1'-0" 175 Essex Street Salem, Massachusetts 01970 978-745-4969 JOB NUMBER: 0125 t NOTES ON FRAMING PLAN: 1. All dimensions are approximate. Installation shall be adjusted to conform to existing conditions. 2. 2x8 joists shall be structurally rated for a minimum stress in bending (fb) of 1,200 psi. 3. Install new joists in existing openings in brick wall. Remove added in-fill mortar. Space at 16" o.c. or as equally as possible. Provide solid bearing on brick at bottom of joists, but do not mortar-in joists; allow air circulation space at sides and tops of joists. Install solid blocking between joists just inside brick wall. 4. Install joist hangers (2x4 hangers, Simpson LU24 - 3-1/8" high) on both the tops and bottoms of the cantilevered ends of the 2x8 joists. 5. The "FULL HEIGHT CLIPS" are Simpson L70 (7") or something similar. 6. Attach 2x8 joists to laminated beam with Simpson A35 framing anchors, (or something similar), one per joist. 7. New laminated veneer beam size is 5.25' wide x 5.5" deep (high); Maximum Resistive Shear = 5,486 lbs.; Maximum Resistive Moment = 6,350 ft.lbs.; Moment of Inertia = 72.8 in 4; Flexural Stress (Fb)= 2,640 psi; manufactured by Boise Cascade or equal. 8. Columns at each end of the laminated beam shall be 3" diameter standard steel pipe. Top plate: 3/8" (±) x 5'/i'(min.)(width of beam) x 3'/�' (min.)(bearing length), with Simpson BC60 Post Cap (5'/z' x 5'/z" x 3" h) welded to top plate to secure beam. Offset BC60 post cap to inside. Provide a base plate as required. 9. Temporarily support the laminated beam in the middle, so that all the weight is carried by this temporary support and not the columns. Then install a double line of full height, solid blocking between the joists, tight and in line directly over the laminated beam. Finally, remove the temporary support. PORTE-COCHERE DATE: 9/24/2001 NOTES ON FRAMING PLAN DRAWING NO. THE LORING-EMMERTON HOUSE SK-S-1 328 Essex Street Salem, Massachusetts (2 of 2 sheets) STALEY McDERMET ASSOCIATES SCALE: %"zV-0" 175 Essex Street Salem, Massachusetts 01970 978-745-4969 JOB NUMBER: 0125 . a 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 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- 328 Essex Street Name of Record Owner: Mannetta/Herrick LLC Description of Work Proposed: Installation of iron fence,painted black, in location ofpreviously existing iron fence per historic photographs. Posts to be #9115-X and pickets to be #8305 per catalog cuts submitted. Top rail and spacing of pickets to match historic photographs as close as possible. Installation of wood fence to left of driveway to match historic photographs, reusing existing corner post and fence section fragments that survive on site,painted white to match house trim. Three new posts to be in locations per historic photographs. Restore existing chain sections on either side offront walkway using existing salvaged pieces or new to match existing. Dated: November 4, 2004 SALEM HISTORICAL COMMISSION ByC 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. 0 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT y��nlneoa'� 120 WASHINGTON STREET, 3R0 FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 September 14, 2004 John H.Carr Jr. Esq. 9 North Street Salem, Ma. 01970 RE: 324-328 Essex Street Dear Mr. Carr: This office has received your "Notice of Appeal' dated August 201h of 2004. The Salem Zoning Board requires the petitioner to file an application and to pay the associated fees to be on the agenda for the October meeting. The application is available in this office. If you have any questions, please contact my office. Thomas St. Pierre Building Commissioner cc: Nina Cohen, Chairperson, ZBA Attorney George Atkins Ill Attorney Scott Grover ��� w/ �a g �5�� s��� ;s Certificate T, AUm5acbug ag !'SPY X19 S'gUq VJCV Type: X New D Renewal,no change Q Renewal with change idred and ten, Section five of the Massachusetts General that a business is conducted under the title of: -771 7OTel. name and title if corporate officer) Residence Tel .it a 1 971- C� CITY OF SALEM, MASSACHUSETTS ?� PUBLIC PROPERTY DEPARTMENT 120 WASHINGTONETFLOOR O ��/MINB SALEM, MASSACHUSETTS 01970 P�®� STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 V MAYOR FAX: 978-740-9846 July 21, 2004 Paul Herrick 15 Boardman Lane Topsfield, Ma. 01883 RE: Zoning Letter 328 Essex Street After reviewing Building Department records, street folder and voter registration, it is my opinion that 328 Essex Street is a legal, grandfathered, non-conforming structure containing 6 units in the main house and a brick carriage house. It became a 6 unit building in 1947 and has remained six units to the present day. Sincerely, Thomas St. Pierre Zoning Enforcement Officer ITAk CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 0 120 WASHINGTON STREET, 3RD FLOOR ���MlNB SALEM, MASSACHUSETTS 01970 Cep STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 �J MAYOR FAX: 978-740-9846 July 21, 2004 Paul Herrick 15 Boardman Lane Topsfield, Ma. 01883 RE: Zoning Letter 328 Essex Street After reviewing Building Department records, street folder and voter registration, it is my opinion that 328 Essex Street is a legal, grandfathered, non-conforming structure containing 6 units in the main house and a brick carriage house. It became a 6 unit building in 1947 and has remained six units to the present day. Sincerely, Thomas St. Pierre Zoning Enforcement Officer �0 CITY OF SALEM MASSACHUSETTS _ PUBLIC PROPERTY DEPARTMENT 4 120 WASHINGTON STREET, 3RD FLOOR ^np C�Mmg SALEM, MASSACHUSETTS 01970 OAW STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 July 21, 2004 Paul Herrick 15 Boardman Lane Topsfield, Ma. 01883 RE: Zoning Letter 328 Essex Street After reviewing Building Department records, street folder and voter registration, it is my opinion that 328 Essex Street is a legal, grandfathered, non-conforming structure containing 6 units in the main house and a brick carriage house. It became a 6 unit building in 1947 and has remained six units to the present day. Sincerely, Thomas St. Pierre Zoning Enforcement Officer John H. Carr, Jr., Esq- 9 North Street Salem, MA 01970 By Hand Thomas St. Pierre, Acting Building Inspector City of Salem 120 Washington Street, 3`d Floor Salem, MA 01970 John H. Carr, Jr., Esq. 9 North Street Salem, MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 August 20, 2004 By Hand Thomas St. Pierre, Acting Building Inspector City of Salem 120 Washington Street, 3`d Floor Salem, MA 01970 RE: 324-328 Essex Street Dear Mr. St. Pierre: Pursuant to Section 15 of M.G.L.a. Chapter 40A, I am herewith enclosing a copy of the Notice Of Appeal Pursuant To M.G.L.A.C. 40A, Sec. 15 From Decision Of Zoning Enforcement Officer Relative To 324-328 Essex Street, Salem, MA bearing the date-stamp and certification of the Acting City Clerk. Said Notice was formally filed in her office this morning. Thank you for your attention to the foregoing. John H. C Enc. Cc Nina Cohen, Chairperson, Salem Zoning Board of ATpals(By Hand) George W. Atkins, III, Esq. (By Hand) Scott M. Grover, Esq. (By Hand) Ms. Jane Arlander(By Hand) Ms. Elizabeth Burns (By Hand) Mr. & Mrs. Timothy Jenkins (By Hand) Mr. Robert Maier(By Hand) Mr. &Mrs. David Williams (By Hand) I �\ John H. Carr, Jr., Esq. 9 North Street Salem, MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 August 20, 2004 By Hand Cheryl A. LaPointe, Acting City Clerk City of Salem 93 Washington Street Salem, MA 01970 RE: 324-328 Essex Street—Notice Of Appeal from July 21, 2004 Zoning Letter Dear Sir or Madam: Enclosed please find a Notice Of Appeal Pursuant to M.G.L.a.C. 40A, Sec. 15 relative to the July 21, 2004 Zoning letter of the Acting Building Inspector concerning 324-328 Essex Street, Salem, MA 01970. Would you kindly confirm and certify the filing of this Notice in your office, as required by Section 15 of Chapter 40A, by date-stamping and certifying the enclosed two copies, one of which I will be forthwith filing at the office of the acting Building Inspector, as is also required by the statute. While each of the enclosed petitioners/appellants would have preferred a density of three dwelling units in the main structure as a condition for the special permit allowing the carriage house to be converted into a single-family condominium, as opposed to the condition of four units granted by the Board Of Appeal at its August 18, 2004 meeting, they presently feel that the total package represents a reasonable compromise,taking all considerations into account, and consequently,they do not intend to file an appeal from the August 18, 2004 decision of the Board to grant a Special Permit, subject (of course) to the actual written decision conforming to what was orally described at the meeting to their satisifaction. Should the developers go forward with the approved compromise development, the enclosed appeal would become moot. On the other hand, if said development did not go forward, as approved, for any reason, and either the current owner,the current buyers, or any other buyers attempted to operate the main structure as six residential units on the strength of Mr. St. Pierre's July 21, 2004 decision,the enclosed appeal will remain very much alive, and said petitioners/appellants will be vigorously prosecuting same. It is our hope that we can arrive at reasonable language at the next meeting of the Board of Appeals to annul Mr. St. Pierre's July 21, 2004 determination without prejudice, so that if the need ever arose in the future, such as if the approved development did not go forward, said determination could be revisited de novo at that time. If we could arrive at such language at the next meeting of the Board of Appeal, I fully expect that the enclosed petitioners/appellants would thereupon withdraw their appeal. Thank you for your attention to the foregoing. Very truly yours, John H. Carr, Jr. Enc. / Cc Thomas St. Pierre, Acting Building Inspector(By Hand) Nina Cohen, Chairperson, Salem Zoning Board of Appeals(By Hand) George W. Atkins, III, Esq. (By Hand) Scott M. Grover, Esq. (By Hand) Ms. Jane Arlander(By Hand) Ms. Elizabeth Burns(By Hand) Mr. & Mrs. Timothy Jenkins (By Hand) Mr. Robert Maier(By Hand) Mr. & Mrs. David Williams(By Hand) r COMMONWEALTH OF MASSACHUSETTS ESSEX DIVISION CITY OF SALEM ZONING BOARD OF APPEALS JANE ARLANDER ) ELIZABETH BURNS ) LINDA JENKINS ) TIMOTHY JENKINS ROBERT MAIER m'— DAVID WILLIAMS �Tt SHARON WILLIAMS ) N Petitioners/Appellants) o n V. ) o rrn3 cn y' THOMAS ST. PIERRE, ) OD Acting Building Inspector ) Defendant/Appellee ) NOTICE OF APPEAL PURSUANT TO M.G.L.a.C. 40A, Sec. 15 FROM DECISION OF ZONING ENFORCEMENT OFFICER RELATIVE TO 324-328 ESSEX STREET, SALEM, MA This is an appeal by the undersigned petitioners/appellants (hereinafter"appellants") to the Salem Board of Appeals pursuant to Chapter 40A, Section 15 of the Massachusetts General Laws from a July 21, 2004 decision by the acting Building Inspector of Salem, MA, Thomas St. Pierre, in his capacity as the acting Zoning Enforcement Officer for the City of Salem, regarding the property located at 328 Essex Street, Salem, MA 01970, also known as"324-328 Essex Street,"which decision(including with respect to its findings and conclusions) reads in its entkM as follows: After reviewing Building Department records, street folder and voter registration, it is my opinion that 328 Essex Street is a legal, grandfathered, non-conforming structure , containing 6 units in the main house and a brick carriage = -- house. It became a 6 unit building in 1947 and has remained six units to the present day. A copy of said July 21, 2004 decision is attached hereto as Exhibit A. a, =. APPELLANTS 1. Appellant, Jane Arlander, resides at 93 Federal Street, Salem, MA 01970. 2. Appellant, Elizabeth Burns, resides at 22 Beckford Street, Salem, MA 01970. 3. Appellants, Timothy and Linda Jenkins, reside at 343 Essex Street, Salem, MA 01970. 4. Appellant, Robert Maier, resides at 335 Essex Street, Salem, MA 01970. 5. Appellants, David and Sharon Williams, reside at 342 Essex Street, Salem, MA 01970. PROCEDURAL HISTORY 9. The property at 324-328 Essex Street, Salem, MA is located in an R-2 Zoning District. 10. At 4:02 p.m. on Thursday, July 15, 2004 a letter signed by attorney John H. Carr, Jr. was filed in the office of the acting Salem Building Inspector(hereinafter"Mr. St. Pierre") formally requesting that he conduct an investigation in his capacity as acting Zoning Enforcement Officer for the City of Salem regarding the total number of legal dwelling units at 324-328 Essex Street, Salem, MA 01970. A copy of said letter is attached hereto as Exhibit B. 11. Said letter recited in relevant part the following: Echoing the multiple testimony from several different neighbors given at last night's Board of Appeals hearing relative to the above property, which(incidentally) didn't include several other neighbors who were in the room and wanted to raise the same concerns before the hearing was suspended, this is to formally request that you commence an immediate investigation regarding the correct number of legally grandfathered units at said property. As you heard at last night's meeting,there are several neighbors (myself included) who seriously question the applicants' representation to the Board that there are currently six legally grandfathered residential units at said property. Over the upcoming days and weeks I intend to furnish you with affidavits and other supporting information regarding why we believe that there are not 6 legally grandfathered units at said property. 2 12. Before attorney Carr could fiunish Mr. St. Pierre with the affidavits and other information referred to in his July 15, 2004 letter in support of his contention, and the contention of many other neighbors, that the property at 324-328 Essex Street, Salem, MA 01970 does not contain six legally grandfathered units, Mr. St. Pierre made his July 21, 2004 decision which is herewith being appealed. 13. At no time during his investigation did Mr. St. Pierre contact, or attempt to contact, Mr. Carr, or any of the several neighbors who had attended the July 14, 2004 hearing on the application of Manneha-Herrick LLC for a special permit to convert the carriage house at said property into a seventh residential unit, all of whom challenged the representations of the petitioner that the property does in fact presently contain six, legally-grandfathered dwelling units. 14.Notwithstanding that Mr. St. Pierre's investigation was being conducted pursuant to Mr. Carr's July 15, 2004 formal written request, to this day,30 days since Mr. St. Pierre's July 21, 2004 decision, Mr. St. Pierre has still not delivered a copy of his decision to Mr. Carr. 15. Mr. St. Pierre did,however, send his July 21, 2004 decision letter to Paul Herrick of 15 Boardman Lane, Topsfield, MA 01883, who is a principal at Manneha-Herrick LLC. ARGUMENT A. The information on which Mr. St. Pierre relied is unreliable and inconclusive on its face 16. Pursuant to well-settled Massachusetts law, the burden of proving the validity of an alleged grandfathered use or structure is on those asserting such validity, not on those asserting that such validity does not exist. 17. It appears from Mr. St. Pierre's July 21, 2004 decision that his investigation consisted entirely on"reviewing Building Department records, street folder and voter registration." 18. Even then said decision does not disclose (for purposes of appellate review) what precisely was contained in those Building Department records, street folder and voter registration records that caused him to conclude the following: a. "That 328 Essex Street is a legal, grandfathered, non-conforming structure containing 6 units in the main house...'; b. "It became a 6 unit building in 1947 and has remained six units to the present day." 19. During the 1940's 324-328 Essex Street was owned by the Salem Philanthropist, Caroline Emerton, who occupied the property as a single-family dwelling. 20. On information and belief, in 1944 the property was purchased by Frank A. Gallagher, whose family continued to reside at said property until it was sold to attorney Donald Koleman in 1970. 3 21. On information and belief, the current zoning ordinance for said property became enacted in 1964. 22. According to information contained in the annual polling lists published by the City of Salem for 1964, and similar information contained in the annual City Directories which were privately printed for the same period, 324-328 Essex Street then contained the following: a. Gallagher, Frank A. 744-4093 b. Gallagher, Frank E. 745-3020 c. Gallagher, Frank E. Associates Consulting Engineers 745-3020 d. Sargent, Ruth 744-3626 e. Carroll, William, H. 744-3626 f. Nolan, Kay M. 745-1575 23. Frank E. Gallagher was the son of the Frank A. Gallagher who purchased the property in 1944. At the time of the enactment of the zoning ordinance in 1964, Frank A. Gallagher was 69 and Frank E. Gallagher was 43. 24. Having in mind that the burden is on those asserting the validity of the alleged grand-fathered units, one could draw any of the following widely-disparate conclusions based on the foregoing ambiguous information, among others: a. That all of the Gallaghers resided in the same unit, which also included Frank E. Gallagher's consulting engineering office as a home office (especially since both shared the same telephone number), that Ruth Sargent and Kay Nolan shared a separate apartment, and that William Carroll occupied his own apartment, which would make the property a legally-grandfathered three-unit building as of the 1964 enactment of the zoning ordinance; b. That to the extent the other three individuals shared the same apartment(as might happen in a family situation) as of the 1964 enactment of the zoning ordinance, the property would be a conforming two-unit dwelling. c. That to the extent any of the foregoing combinations did not occur,the property was anywhere between either a conforming two-family dwelling, or a legally-grandfathered six family dwelling as of the 1964 enactment of the Salem Zoning ordinance; 25.While the annual City Directories and Polling Lists are some evidence of a property's actual use during the year in question, they are hardly conclusive evidence. People move in or 4 move out, people die, and it is often months if not years before said Directories and Polling Lists catch up with these changes. 26. As such,these records alone fall far short of the owners or buyers of said property meeting their burden of proof that there was continuous, uninterrupted actual use of said property as a six-family dwelling since the enactment of the current zoning ordinance in 1964. B. The fact that Mr. St. Pierre did not speak to any of the neighbors who were ready, willing, and able to offer first-hand information as to why the property is not a legally- grandfathered six-unit dwelling fatally flaws his investigation and conclusions. 27. Any investigation that does not listen to both sides of an issue, and refuses to consider material evidence that is being offered, is fatally flawed on its face. 28. Even though he was present at the July 14, 2004 hearing of the Zoning Board of Appeals relative to 324-328 Essex Street, and heard the first-hand assertions of many, long-standing neighbors as to the property not being a legally-grandfathered six-unit dwelling, he did not even bother to contact said neighbors before rushing to make his determination. 29. The fact that he also has still not furnished his decision to the individual who formally requested that he undertake his investigation is further evidence of the serious procedural and substantive flaws in his July 21, 2004 decision, and his investigation which resulted in same. C. Had Mr. St. Pierre listened to the neighbors he would have received uncontrovertable proof as to why the property is not a legally-grandfathered six-unit dwelling. 30. Pursuant to well-settled Massachusetts Law, a discontinuance of a legally-grandfathered use for two years or longer extinguishes the validity of said grandfathered use. 31. Even if 324-328 Essex Street were a legally-grandfathered six-unit dwelling as of the enactment of the present zoning ordinance in 1964, which the within appellants hereby contest,there is uncontrovertable evidence that at least one of those units was discontinued for two years or longer since 1998, as could have been confirmed by at least two individuals who were professionally involved with the property during said period, as well as any number of neighbors. 32. Having proved that said property is not presently a six-unit dwelling, it does not necessarily follow that the property is legally a five-unit dwelling, or any lesser-unit dwelling. The burden is still on those asserting said numbers. WHEREFORE the Plaintiffs hereby request that this Court: a. Annul the July 21, 2004 decision of Mr. St Pierre to the effect that 324-328 Essex Street contains six legally-grandfathered units. 5 b. Instruct Mr. St. Pierre to conduct a new and competent investigation to reliably determine the total number of legal units of said property. c. Grant them such additional relief as is just and expedient. Respectfully submitted this 20`"day of August 2004 By their attom9y, J E'q.t 70 01 6 CITY OF SALEM, MASSACHUSETTS 9 PUBLIC PROPERTY DEPARTMENT ` 120 WASHINGTON STREET, 3RD FLOOR yl\V'11 n SALEM, MASSACHUSETTS Ot97O STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740.9646 July 21, 2004 Paul Herrick 15 Boardman Lane Topsfield, Ma. 01883 RE: Zoning Letter 328 Essex Street After reviewing Building Department records, street folder and voter registration, it is my opinion that 328 Essex Street is a legal, grandfathered, non-conforming structure containing 6 units in the main house and a brick carriage house. It became a 6 unit building in 1947 and has remained six units to the present day. Sincerely, Thomas St. Pierre Zoning Enforcement Officer John H. Carr, Jr., Esq. 9 North Street Salem, MA 01970 Phone: 978-825-0060 Fax: 978-825-0068 July 15, 2004 By Hand Thomas St. Pierre, Acting Building Inspector City of Salem 120 Washington Street, P Floor Salem, MA 01970 RE: 324-328 Essex Street Dear Mr. St. Pierre: Echoing the multiple testimony from several different neighbors given at last night's Board of Appeals hearing relative to the above property, which(incidentally) didn't include several other neighbors who were in the room and wanted to raise the same concerns before the hearing was suspended, this is to formally request that you commence an immediate investigation regarding the correct number of legally grandfathered units at said property. As you heard at last night's meeting,there are several neighbors(myself included) who seriously question the applicants' representation to the Board that there are currently six legally grandfathered residential units at said property. Over the upcoming days and weeks I intend to fiunish you with affidavits and other supporting information regarding why we believe that there are not 6 legally grandfathered units at said property. I would also point out that under Massachusetts law the burden of proof is on the owner who claims he or she has a legally grandfathered use and/or structure and not on those who claim otherwise. Would you or someone else at your office kindly acknowledge receipt of this letter by date-stamping the enclosed copy thereof. Thank you in advance for your anticipated cooperation in this matter. Very truly yours, John H. Carr, Jr. Cc Nina Cohen, Chairperson George Atkins, Esq. Mr. &Mrs. Robert Maier Mr. Timothy Jenkins Mr. James Kearney Mrs. William Russell Burns,Jr. Mrs. Peter Merry Mrs. Pamela McKee BAY STATE ADJUSTMENT SERVICE 45 New Ocean Street, Swampscott, MA 01907 Telephone Numbers 24 Hour Emergency Number(617)480 0874 (781)599 9922 (800)865-2206 FAX(781)599 9099 Town Fire Department Inspector of Buildings Board of Health Town of Salem Town of Salem Town Hall Town Hall Salem, MA 01970 Salem, MA 01970 Re: Louis Mangifesti Company: Vermont Mutual Insurance Company Property Address: 328 Essex Street, Unit 1 Date of Loss: 8/28/2005 Salem, MA 01970 Cause of Loss: water damage Policy Number: H012287490 File Number: 5370 Claim has been made involving loss, damage; or destruction of the above captioned property, which may either exceed $1,000.00 or cause Massachusetts General Law, Chapter 143, Section 6 to be applicable. If any. notice under Massachusetts General Law, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captoned insured, location, policy number, date of loss, and file number. This is not a request for a report, this is to comply with Masschusetts notification laws as set forth above. Paul R. Nestor. Jr. Adjuster On this date, I caused copied of this notice to be sent to the persons named above, at the addresses indicated by first class mail. (1 j �—' • �Jag�ce August 29, 2005 Si nature Date BAY STATE ADJUSTMENT SERVICE 45 New Ocean Street,Swampscott, MA 01907 Telephone Numbers 24 Hour Emergency Number(617)480 0874 (781)599 9922 (800)865-2206 FAX(781)599 9099 Town Fire Department Inspector of Buildings Board of Health Town of Salem Town of Salem Town Hall Town Hall Salem, MA 01970 Salem, MA 01970 Re: Loring - Emerton Condo Association Company: Vermont Mutual Insurance Company Property Address: 328 Essex Street Date of Loss: 8/28/2005 Salem, MA 01970 Cause of Loss: water damage Policy Number: BP11011944 File Number: 5369 Claim has been made involving loss, damage, or destruction of the above captioned property, which may either exceed $1,000.00 or cause Massachusetts General Law, Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General Law, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captoned insured, location, policy number, date of loss, and file number. This is not a request for a report, this is to comply with Masschusetts notification laws as set forth above. Paul R. Nestor. Jr. Adjuster On this date, I caused copied of this notice to be sent to the persons named above, at the addresses indicated by first class mail. && /a August 29, 2005 Signature Date AFFIDAVIT AND AGREEMENT WITH RESPECT TO SMOKE DETECTOR INSTALLATION RE: Unit 45, 328 Essex Street, Salem, MA WHEREAS, Overlook Salem, LLC is the owner of Unit#5 of the Loring Emerton Condominium which is located at 328 Essex Street, Salem, MA; and WHEREAS, Overlook Salem, LLC has been engaged in an extension renovation of the dwelling house and carriage house at 328 Essex Street, Salem, MA, which renovations to the dwelling house are completed but to the carriage house are not yet completed; and WHEREAS, the renovations to the said carriage house will not be completed until approximately December 15, 2005 at which time smoke detectors will be fully installed and operational; and WHEREAS, Overlook Salem, LLC is desirous of selling said Unit 45 to Paul J. Herrick and Danika A. Herick on November 8, 2005; and WHEREAS, M.G.L. Chapter 148, Section 26E requires the issuance of a smoke detector compliance certificate as a condition of any such sale; NOW THEREFORE,the undersigned hereby agree as follows: 1. The Buyers of said Unit#5, )(hereinafter "premises") Paul J. Herrick and Danika A. Herrick,their heirs, successors and assigns, will not occupy the premises until such time as a smoke detector compliance certificate for the premises has been issued by the City of Salem Fire Dept. 2. Upon notification that the renovations are completed,the City of Salem Fire Department shall inspect the premises to insure the installation of smoke detectors in compliance with all local and state building codes and thereupon issue a certificate of compliance. 3. Until such time as a smoke detector certificate for the premises is issued,Buyer agrees not to occupy the premises or cause or allow anyone else to occupy the premises. Signed under the pains and penalties of perjury, this day of November, 2005. 70City of Salem Fire Department Pa Herriq C Pae . H ,__ By. Danika A. Herrick D� 7 --- I'hc C'unlnwmvusllh of Ib1:u aihusclts Iluurd ufBuilding Regulations and SI;ulJards CI I OF 11 %'1;1S"C11usells Slate Building CuJe. 780 CMR SALEM Building Permit Application 'ro Construct, Repair. Renovate Or Demolish a One-ur Tlvn•f'mrrlh Duelling This Section Fur 01 elu Use Onl Building Permit Number: to Applied: IIuilJiny Ullieial 11'rint N;une) Siynatu � Ualr SECTION I:SITE INFORMATION I Property Address: 1.2 Assessors Hap S Parcel Numbers 3a9 Pisa 7. 5; I.la Is This an acee tad street? 'a no blap Numher Parcel Nunther I.S Zoning Information: 1.4 Property Dimensions: Zoning District I'ropoaed Use Lot Area Isq 11) Fronu,ge(11) 1.5 Building Setbacks(R) Front Yard Side Yards - Rear Yard Required Provided Required I Provided Requirud Provided 1.6 Water Supply:(M.G.I.e. 40.§34) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public M Pris ate O Zone: _ Outside Flood onv? Muniei sl�] On site disposal s rlem O Check il' c P Po ). SECTION2. PROPERTY OWNERSHIP' 2.1 Owners of Record: `IH6KAS 61PpPIIAL 5�h)vV\ , Kit O)9 �O N:une(1'nm) City.slala, .IP saa �ssi� 5, �-�6o-aoa� 41vamet5 q (� s 5 "ft2� la n3!' to No.cold Shut rclrphune Ensall Address SECTION d: DESCRIPTION OF PROPOSED WORKS(check all that apply) New Construction❑ Existing Building Oirner•Occupied Vf I Repairs(s) "id I Alteration(s) ❑ Addition O Denwiition O Accessory Bldg. 0 1 Number of Units_ Other O .Speedy: Brief Description of Proposed Work': lhf P-AC B S ht Ll6 H T SECTION a: ESTIMATED CONSTRUCTION COSTS llcltl Estimated Coils: (I ahur and Materials) OMcial Use Only I, Building S 2l3 a a 5— I. Building Permit Fee: f Indicate how Ire is determined: '. Hcctrical j ❑Standard City,Tu%m Application Fee O Tutal Project C'osls I Item 6)x multiplier 1 i I'hnnMng j v .. U1her Fees: S_ J. \Icdldnie.11 I11 \('I j List: _llglpres>iunl meal .\II Fees: S__ _____ � n Iblal l'rn'ert CnH: j Vu. _ .__( hucA :\npnurt' . . ..__.(',t,h \tenon: a3 a.`J.)^- Q P.lid in Full ❑Outstanding Ral.mce Due: SEX I ION t: ('ONS I'RU(-'fION SERI, K F.4 5.1 Construction Supen isur License(('SL) �S—p�y� 3 0 m dcr r Ge r-t-OS I icen,e Numhcr I\picnuut I).ne / -- --- - --- Ott!e S.aneul'('SI ILdJer Itit CSLl\pel,aebelu,U.- h� ' M,. .u1J street -- (i 14ve,IridcJ U1u11Jings tio lu 31,000 w. ILI �q, C7 2� o '� IC Re,IricicJ IS�Panul D„cllin M \laiou l'il)i I'oan,Sl.nc,LII' I(C Hladin Cuserin Solid Fuel Minting,lpplimlccs 1'dc hone fnnanadumm D Denluliliun 1.2 Rrg/��}feted Ilome Ingsrovemenl Cuatntctor(HIC) /�GY�?' a�i/,jpS'�O�• Cra✓� /" /S III(' Itcgi.lrllion Ntwnlwr I(\pinlliun Uute I IT ('ompan) Name or I1IC Ite Isirulll NJI11e �pA).7�U/��\% ( jMCV3-A livef ex.-t IIMJII aJJnss i ^d Sure'`Eon/ /'4A Gn.30/ sy8 3cf7 91166 Cityfrown,Stale ZIP Telc hung SECTION 61 WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.IL C. 152.1 23C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this atttdavit will result in the denial of the Issuance of the building permit. Signed AMdavit Attached? Yes ..........e No ...........O SECTION 7a:OWNER AUTHORIZATION TO BE C0111PLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FO,sR�BUILLD�ING PER{M�IIT 1,as Owner of the subject property,hereby authorize �AJ ( / CSC e rC to act on my behalf,in all matters relative to work authorized by this building permit application. Date I'rinl Uwner's Nwne(Electronic Signulurc) SECTION 7b:OWNERI OR AUTHORIZED AGENT DECLARATION By entering my nome below. I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and acc ate to the best of my knowledge and understanding. / / Aialc/ /SS DJ:e Print U,sncr's ur:\ut It,rireJ,1pan's Nnntu Ili Fctrunie 5 auuel Non& F2. %% n Ussner who obtains a building permit to dohis her own s,ork,oran owner who hires an unregistered cuntraour nut registered in the Hume Improvement Cuntmctur(HIC) Program),will nu have access to the arbitration rogram ur guira nt) I•und underm.G.L. c. 11'.A. other important information on the HIC Program can bit lound at N„ m n, % ," I information on the Construction Supervisor License can be found at hen substauial work is planned,provide the infu'Ionelow: finished basenunt anics. Decks or purelu flour area(iy. R.I _ _----- including garage. _... . Ilabit.tble taunt count .- -. ... . — Gruii lis ing area l iy. it.I --_ ._. - Number kit'hcdruums \unlhcr of lireplaces .. .. _ --- \unlher of hathnvms \umber ut'hall hahi I I)pe ll(heating i„leln \unlhcr ol'JecAi ponhci I\pc nl'c,a'hng ,),lent Inch"cJ ..Open 1 ..Leal proicIt \,1113rc IJola Qe Ilhl\ Pc .III„IIIIIte,I 6or .. oial project('kill" CITY OF SM Ebi, NIASSACHUSETTS BuILDINIG DEP+RTJIENT 120 W 1SHINGTON STREET,3'a FLOOR °j T L (978) 745-9595 FAX(978)740-9846 IC%ffiFRi FY DRISCOLL LfAYOR THOMAS ST.PIERM DIRECTOR OF PUBLIC PROPERTY/BL'ILDLYG COMMISSIONER Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Anplicant Information n /� / Please Print Legibly/ Name(Busim--sOrganizationiindividual): / -Y i2oaz 19,5Z,9 V , rb �!7/l/c7�U Address: /079 ZAZ E/-2 t� (f4Z City/Statc/Zip: 9/'Ock4iA/ 144 0130/ Phone#: 39 7 2Y! C Are you an employer?Check the appropriate box: Type of project(required): I. 1 am a employer with /�?_ 4. El am a general contractor and I employees(full and/or part-time).* sub-contractors hired the sucontractors 6. ❑New construction 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet ?• ❑Remodeling ship and have no employees These sub-contractors have 11. ❑Demolition working for mein any capacity. workers'comp.insurance. 9. El Building addition [No workers'comp. insurance S. ❑ We are a corporation and its 1011Electrical sus or additions required.] officers have exercised their 3.❑ 1 am a homeowner doing all work right of exemption per MGL I LEI Plumbing repairs or additions myself.(No workers'comp. c. 152,§1(4),and we have no 12.,[,,�Roof repairs insurance required.)t employees. [No workers' 13.i1uther comp. insurance required.] •Any applicant that chocks box BI must also fill out the section below showing their workers'compensuion policy infonnuiom *I Inmeoweeaa who submit this affidavit indicating they are doing all work atd then hire outside.,met=new submit a new afridavil indicating such =Cuntrnxors that check this box must anachod an additional sheet showing the game of the sub•contracters and their wohaa'wrap.policy infomation. I um an employer that Is providing workers'compensation Insurance for my emplayees. Below is the pulley and job site information. �] /� /� Insurance Company Name: /y�(;G/ f I/��h I JG/�✓J Ce) . C 2 Policy#or Self-ins.Lic.#: 6 c5 6 7 lj 3- 4 711 P 5 01_ Expiration Date: 7 - i�ye/�/ - /J Job Site Address: 3 2$ eS Se-S,, G' City/Stare/Zip: V leI4 t `� b/9 70 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to S1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to S250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. l do hereby certyy a er the pains a penalties of perjury that the information provided above is true and correcL im ter Date, 7- /eF •'/z Phone#: 8' 3 7 4460 Ojjcial use only. Do not write in this area,to be completed by city or town ofliciaL City or Town: Permit/I.Icense# Issuing Authority(circle one): I. Board of health 2.Building Department 3.Cityfrown Clerk 4.Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person:— Phone#: CITY OF S,V- Nrt NWS.ICH(.sms #' t31.UX04G DEP.1RTtE\T I A W.UHLVGTON STRW, 3iO FLOOR M (978) 145-9595 KI\j3FR1 Y 01=CLL P,Vt(978) 1a49846 MAY01t Tko.+w ST.PMUA DixE.Crcit OP Pl:sue PROPt'1TY/3CII.D0jG C0\L11tSSI0rER Construction Debris Disposal ACttdavit (required for all demolition and renovation work) In accordance with the sixth edition of the State Building Code, 780 CMR section I 11,5 Debris, and the provisions of MCL a 40, S 54; Building Permit M is issued with the condition that the debris resulting from INS work shall be dispos I 11. S I JOA. ed of in a property licensed waste disposal facility as defined by dIGL c The debris will be transported by: (name ofh4-4 The debris wi Il be disposed of in (name or famlity) Z��`�'/Iciile+rcti S G�OIIC/nl A4A Wdras or fj,:dny) anus o p �pplwant ,:�fe APO/Ppryg1N Salem Historical Commission 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving Reconstruction ❑ Alteration ❑ Demolition ❑ Painting 0 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: UR Essex Street Name of Record Owner: Sta_ntial C n og Zohn, Gavenda Guerriero Description of Work Proposed: • Replace existing skylight to replicate existing in copper with Lexan glass. Work will involve removal offlat roofs and installation of new rubber roofs. •. Replacement of side lot line, wood fence to replicate existing. • Repaint existing iron fence to replicate existing. • Repaint existing picket fence to replicate existing. No changes in color, material, design, location or outward appearance. Non-applicable due to being in kind maintenance/replacement. Dated: July 3, 2012 SALE T RI OMMISSION By: The homeowner has the option not to commence the work (unless it relates to re olving 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. APPLICATION FOR PERMIT TO / J //en NO!/GiY lhs '(� �r/ `h/� e /`�wSQi LOCATION PERMIT GRANTED 2._0 AP ROV�D INSPECT. OF BUILDINGS -PL-*NSiMllST-BEfiL'E� APPROVED 9Y T+IE p JDB PWR TD A.PEAMIT REMO GRANTED CITY OF SALEM No. �` _' Date Is Property Located In `' Location of the Historic District? Yes JC No Building �SSE)< S/ / Is Property Located in l� u �" a ),Yes_the Conservation Area? Yea No� J BUILDING PERMIT APPLICATION FOR: Permit to: (Circle whichever apply) Roof, Reroof, Install Siding, Construct Deck, Shed, Pool, Repair/Replace, Other: Bvf�D j2j-s,de✓1gy, 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: - Owner's Name D v e4 4z r- yeM644w 4/w Address & Phone IS Architect's Name Address & Phone ,/ Mechanics Name zoryms l�ItNl�'6l� Address & Phone /S i6004✓tDlDlrt�✓ GN +� •�� ji ���o f�J What is the purpose of building?�1,29 Material of building? U17i1 eK If a dwelling, for how many families? Will building confor m to law?_ Ye 5 Asbestos? eW Estimated cod //3 City License O N ' state License e Bane Improvement Lic. t Signature of Applicant SIGNED UNDER THE PENALTY OF PERJURY DESCRIPTION OF WORK TO BE DONE Gorr/!G GOnS�2��fir,J d v� T S, t /�60 t I o2 4', Aawal 4.411 ��� �l nt� ►� l{wh yeti P pboft4 bi Co M M MAIL PERMIT TO: A-60 rl-. The Commonwealth of Massachusetts Department of Public Safety 1�tb SEF -1 A t( Massachusetts State Building Code(780 CMR) . 2 �Q Building Permit Application for any Building other than a One-or Two-Family Dwelling (This Section For Official Use Only) Building Permit Number: Date Applied: Building Official: SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available) i st &AW Mlf 3 X1970 No.and Street City Town Zip Code Name of Building(if applicable) SECTION 2.PROPOSED WORK Edition of MA State Code used If New Construction check here❑or check all that apply in the two rows below Existing Building❑ Repair❑ 1 Alteration ❑ 1 Addition❑ 1 Demolition ❑ (Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy ❑ Other Specify: Are building plans and/or construction documents being supplied as part of this permit application? Yes ❑ No ❑ Is an Independent Structural Engineering Peer Review reduired? Yes ❑ No ❑ Brief Descct,ripti�on,ofProposed Work: y - 6Ye't- .Te r rCe r��l... OYd�-�•n—C-lj(C'1 O,s�—v`--c✓���-!. ;ri i^ S��� i r� f;S E . ...of SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1❑ A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ I B: Business ❑ E. Educational ❑ R Facto F-1❑ F2❑ H: ffigh Hazard H-1❑ H-2❑ H-3 ❑ H-4❑ H-5❑ I: Institutional I-1❑ I-2❑ I-3❑ I-4❑ M: Mercantile❑ R. Residential R-10 R-2❑ R-319 R-4❑ S: Storage S-1❑ S-2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION&CONSTRUCTION TYPE(Check as applicable) IA ❑ IB ❑ IIA ❑ IIB ❑ IHA ❑ IHB ❑ IV ❑ VA ❑ VB ❑ SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item) Water Supply: Flood Zone Information Sewage Disposal: Trench Permit: DebrisRemoval: Public❑ Check if outside Flood Zone❑ Indicate municipal❑ A trench will not be Licensed Disposal Site❑ Private❑ or indentify Zone: or on site system❑ required❑or trench or specify: permit is enclosed❑ Railroad right-of-way: Hazards to Air Navigation MA Historic Commission Review Process: Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed El Yes❑ or No❑ Yes❑ No ❑ SECTION 8:CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code: Use Group(s): Type of Construction: Occupant Load per Floor: Does the building contain an Sprinkler System?: Special Stipulations: Mr �t��9 ( l2- 1 11 SECTION 9. PROPERTY OWNER AUTHORIZATION Name and Address of Property Owner 31? /SSC'A( (1/- 3 S'a.lem Np G Name(Print) j No.and Street City/Town Zip Property Owner Contact Information: Title Telephone No.(business) Telephone No. (cell) e-mail address pO If applicable,the property wrier hereby authorizes t payt Pis. n+ OI Name t Street Address City/Town State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building permit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then check here.D and sldp Section 10.1 10.1 Registered Professional Responsible for Construction Control Name(Registrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor Swe2.Dn rna✓� i T,�G Company Name r — 88G cs� Io0 Name of Person Responsible for Construction Lice No. and Type if Ap llcable IOR YY1��n SI-• �l(d t� Nork-k e rg, � Street Address City/Town State Zip 66q a( z_ 913 _M_ 58603 q_W+ e.Qnm2vn Telephone No.(business) Telephone No. celle-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT M.G.L.c.152.§25C(6)) A Workers Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of a issuance of the building permit Is a signed Affidavit submitted with this application? Yea' No 13 SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE - Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)=$ 1.Building $ Building Permit Fee=Total Construction Cost x (Insert here 2.Electrical $ appropriate municipal factor)_$ 3.Plumbing $ 4.Mechanical (HVAC) $ Note:Minimum fee=$ (contact municipality) 5.Mechanical Other $ Enclose check payable to 6.Total Cost $ Z-3,, 7 ' (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PEANUT APPLICANT By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. Dawe Pa5i gi�_bb4. 6bg2L 8-29-I Please print and signme i Tit) Telephone No. Date CT. Street Address City/Town State Zip Municipal Inspector to fill out this section upon application approval: Name Date Print Page 1 of 1 Subject: Chimney liner authorization From: jsburrington@yahoo.com Qsburrington@yahoo.com) To: sweepnmanipad4@idoud.00m;sweepnmancs@yahoo.com; Date: Thursday,September 1,2016 9:33 AM To Whom it may concern The three other owners of the units in the main building of the 328 Essex St Salem MA, Loring-Emmerton Condominium have been informed of the intension of Unit 3 to upgrade their living room fireplace and associated flue to meet building codes for a wood or gas burning fireplace. They have authorized Unit 3 to proceed with the work. Regards, John and Michele Burrington Christine and Robert Guerriero Owners unit 3 Owners unit 1 https://us-mg6.mail.yahoo.com/neo/launch?.rand=ees44onghv04j 9/1/2016 r. R "e • o ,h� 1 t � j `� II e,��" ,4�-�,. r i���� �►.:..__-. _ _ ���""�;�� h� .: �� six :-� 8/4/16, 10:41 AM S to / 0-0 SG rvEo The Commonwealth of Massachusetts INSPE6 IQ OF Board of Building Regulations and Standards CITY,I g Massachusetts State Building Code, 780 CMR i b ar 2 11 7 Building Permit Application To Construct, Repair, Renovate Or Demolish a One-or Two-Family Dwelling This Section For Official Use Only O.N'O b L Building g Permit Number: DnteApplied: - i2 {" Building otlicial(Print Name). Signature' r^vw SECTION L•SITE INFORMATION' 1.1 Property Address: /S—r-Pt • 1.2 Assessors Map& Parcel Numbers � p 3Z Y3 Ess�—x 5( t L I a Is this an accepted street?yes ✓ no M1lap Number Parcel Number r rn 1.3 Zoning Information: 1.4 Property Dimensions: rn m G 1 Zoning District Proposed Use Lot Area(sq It) Frontage(li:) co ej M 1.5 Building Setbacks(ft) ` Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Zone: _ Outside Flood Zone? Municipal❑ On site disposal system ❑ Public Cl Private Cl Zone: if yesCl SECTION2: PROPERTYOWNERSNW' 2.1 Ownef of Recort►r��r�ip� C� u S NL CT �me(Print) _/ City,State,ZIP 32.r1J ESSEX SL Nu. mid Street Telephone Email Address SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) ❑ I Alteration(s) KYJ Addition ❑ Demolition ❑ Accessory Bldg.❑ I Number of Units_ Other ❑ Specify: Brief Description of Proposed Work': SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials) 1. Building S 1. Building Permit Fire:S Indicate how Fee is determined: ❑Standard City/Town Application Fee 2. Electrical S ❑Total Project Costa(Item 6)x multiplier x 3. Plumbing S 2'a Qther Fees: S 1. Mcchanic:d (11VAC) S List: 5.NIxhanical (Fire S Total All Fees: $ Su ressiun) G ,ram Check No. Check Amount: Cash Amount: 6.Total Project Cast: S p l t71 0 Paid in Full ❑Outstanding Balance Due: 1j SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) (f S r U-7 9 �� J� �66-�P' Sf.`6r'Nr'✓$ `-(, License Number Expiration Date Name of CSL f1blder �� List CSL'rype(see below) 1 a 13 w S ( *-e ( (, No. and Street Type' Description S �/_` A& 0lC1 Z3 U Unrestricted Buildin s u to 35,000 cu. It. �e v R Restricted 1@2 Family Dwelling Utyffown,State,ZIP M Nlasortry RC Roolinit Covering WS Window and Siding '•, , SF Solid Fuel Burning Appliances 1 Insulation Tele hone Email address D Demolition 5.2 Registered Home Improvement Contractor(HIC) HIC Registration Number Expiration Date HIC Company Name or HIC Registrant Name No. and Street Email address City/Town,State ZIP Telephone SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L c. 152.¢ 25C(6)), Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Isivance fthe building permit. Signed Affidavit Attached? Yes .......... No........... ❑ SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED.WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT' 1,as Owner of the subject property,hereby authorize t9 act on my behalf,in all matters relative to work authorized by this building permit application. Print Owner's Name(Electronic Signature) Date SECTION 7b:OWNEW OR AUTHORIZED AGENT DECLARATION By entering my name below, I hereby attest under the pains and penalties of perjury that all of the information conta' a in this giapllii�cation iiss tr and Cate to the best of my knowledge and understanding. (+ J /° gl / Print( vi er's r Authorized Agcnt s Name Electronic Signature) Date NOTES: 1. r\ Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor not registered in the Home Improvement Contractor(HIC) Program),will LLot have access to the arbitration program or guaranty fund under NI.G.L.c. 142A.Other important information on the HIC Program can be found at www.mass.eovoca Information on the Construction Supervisor License can be found at www.mass.sov:!JL . 2. When substantial work is planned,provide the information below: Total floor area(sq. ft.) _,(including garage, finished basement/attics,decks or porch) Gross living area(sq. It.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths 'rype of heating system Number of decks/porches Type of cooting system Enclosed Open_ 3. "Total Project Square Footage"may be substituted for"Total Project Cost' RECEIVED Melissa Gallery IySQECTION'AL SERVICES. 328 Essex St#4 B14 DEC _3 A 8: � Salem, MA 01970 (617)290-0486 November 20, 2014 Building Inspector of Salem MA, This letter is to inform you that the Loring Emmerton Condo Association is aware of the bath renovation in Unit#1. We have all approved of the renovation. Please feel free to contact me if you have any further questions or concerns. My email is melissaaaallery@vahoo.com and my cell phone number is listed above. Sincerely, d�dMelissa Gallery 2's 6D #� The Commonwealth of Ma achusetts S Department of Public Saf1 JUL 19 P 1= 00 O Massachusetts State Building Code(780 CMR) Building Permit Application for any Building other than a One-or Two-Family Dwelling I (This Section For Official Use Only) Building Permit Number: Date Applied:. Building Official: SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available) No.and Street City/Town Zip Code Name of Building(if applicable) SECTION 2:PROPOSED WORK Edition of MA State Code used If New Construction check here❑or check all that apply in the two rows below Existing BuildingllEll Repairer I Alteration ❑ Addition❑ Demolition ❑ (Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy ❑ Other ❑ Specify: Are building plans and/or construction documents being supplied as part of this permit application? Yes ❑ No '& Is an Independent Structural Engineering Peer Review required? Yes ❑ No GL Brief Description of Proposed Work: /L6pvm/7- P,"Ate- "ER C i7A eZX'ei VAC. V/e tcsc (iyA Lc_j yyh E-A.F Ypy os 612E ,d1f/!E'._9V t n� o � SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING NOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) p A: Assembly A-1 ❑ A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ 1 B: Business ❑ E: Educational ❑ F: Facto F-1❑ F2❑ H: High Hazard H-1❑ H-2❑ H-3 ❑ H-4❑ H-5❑ I: Institutional I-1 ❑ I-2❑ 1-3❑ I-4❑ M: Mercantile❑ R: Residential R-10 R-2❑ R-3❑ R-4❑ S: Storage S-1 ❑ S-2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) IA ❑ IB ❑ IIA ❑ IIB ❑ IIIA ❑ IIIB ❑ IV ❑ 1 VA ❑ VB0 SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item) Debris Removal: Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Licensed Disposal Site❑ Public❑ Check if outside Flood Zone❑ Indicate municipal❑ A trench will not be P Private❑ or indentify Zone: or on site system❑ required❑or trench or specify: permit is enclosed❑ Railroad right-of-Way: Hazards to Air Navigation: MA Historic Commission Review Process: Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑ Yes❑ or No❑ Yes ❑ No ❑ SECTION 8:CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code: Use Group(s): Type of Construction: Occupant Load per Floor: Does the building contain an Sprinkler System?: Special Stipulations: S1_�Qo fY)la t l STD 7 g'Z 9 SECTION 9: PROPERTY OWNER AUTHORIZATION Name and Address of Property Owner /( ,wz 6&E",E9y 72-d 0670 Name(Print) No.and Street City/Town Zip Property Owner Contact Information: ova_ c2f 3yy? - - /2r6 Tty-olt,�•ts' mot, Title Telephone No.(business) Telephone No. (cell) e-mail add ess If a plicable,th roperty owner hereby autho 'zes Name Street Address City/ State Zip to act on the property owner's behalf,in all matters relative to work authc permit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) If building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then check here O and skip Section 10.1 10.1 Registered Professional Responsible for Construction Control Name(Registrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 101 General Contractor' (A4o 1V) e0-J Comp ny Name / ( ,o COIL710 t� �5- Name of Per(ss n R sponsible for Construction (' �,Liiccelnsse No. and Type if Applicable f Street Address p r.F / City Town T State Zip 2 VVz 3� �O_/ J(! Ib � V,/L Telephone No.(business) Telephone No. cell e-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT .G.L.c.152.§ 25C 6 A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit.. Is a signed Affidavit submitted with this application? Yes O No O SECTION 12CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)_$ 1.Building $ '� G� 2.7$••w Building Permit Fee=Total Construction Cost x (Insert here 2.Electrical $ appropriate municipal factor)_$ 3.Plumbing $ 4.Mechanical (HVAC) $ Note:Minimum fee=$ (contact municipality) 5.Mechanical Other $ Enclose check payable to 6.Total Cost $ 6 , Z �'llri (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT - By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this app lion is�tm and ate to the best of my knowledge and understanding. t Ie2 V4,y/V�YL. 6v9 J 2,�Y`l22 / 9 1L P ase print and sign name Title Telephone No. Date ?Z F ?551X IT- _�i /l 4 of$'i) Street Address City/Town [ State Zip Municipal Inspector to fill out this section upon application approval: /ZO'rr ' N/6 Name Date Salem Histot~ical Commission 120 WASHINGTON STREET,SALEM,MASSACHUSETI'S 01970 (978)819-5685 FAX(976)740.0404 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: 328 Essex Street i Name of Record Owner: Robert Guerriero Description of Work Proposed: Repoint small areas of exterior brick walls where voids are present. Mortar to be a type K mortar: 113110 mix (white cement, hydrated lime and sand) to match existing color, grain size, texture and pointing technique. Masonry cleaning iifnecessary with Prosoco Sure Klean heavy-duty restoration cleaner appropriately diluted. There will be no changes in color, material, design, location or outward appearance. Non-applicable due to i being in-kind repair. j i E NOTE. The request to apply a waterproof sealer is not approved under this Certificate of Non Applicability. Should the applicant wish to apply a waterproof sealer on the exterior of the building, a public hearing would be requiredfor a Certificate of Appropriateness. 4 `s Dated: June 16, 2016 SALEM HISTORICAL COMMISSION "•� g 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. g t i 1M.111 1 MUST-DE fiL APPROVED 9Y T44E .U.11SP CTD-9 ,PFUDA TD A PERMIT BENG GRANTED CITY OF SALEM No.�' 1\ ;, V ) .�"` .'s \ Date It Ward ..:� Z�mn oning District Is Property Located in Location of the Historic District? Yes It, No_ Building 12L C.SSeaE S i Is Property Located in SALC_M j Kl{ o La16 the Conservation Area? Yes No BUILDING PERMIT APPLICATION FOR: Permit to: (Circle whichever apply) Roof, Reroof, Install Siding, Construct Deck, Shed, Pool, Repair/Replace(Other 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: Owner's Name Oder'\ooK ScAeo, L.L topsf•��d f MP otGB3 Address & Phone 45 C4,a tJ.man \-Ane R-M) ssl o q LOS Architect's Name 5�0.�� Mr.O xm RSsoctale5 Address & Phone 30 Clencbotn $lrefi SA m 614g) 74.5 �glaR Mechanics Name —' Address & Phone ) What is the purpose of building? Rey\dCTC'e Material of building? 5zir X If a dwelling,for how many families? Lk Will building conform to law? ye.5 Asbestos? NO UJ Estimated cos City License to c _ Rome Improvement `y Lic. / ignatu f Applicant SIGNED DER THE PENALTY G U05 DESCRIPTION OF WORK TO BE DONE OF PERJURY 'q INIFEW �-iTjy_45 ►2. IJEw '6hT�ttZopMS �INo2 t tn' thQ FP�t�ttl��rr,, �Isc� F'Ev . MAIL PERMIT TO: .t NOX-L APPLICATION FOR PERMIT TO LOCATION �-q ' PER I GRANTED 9 APV14OV�D INSPECTOA OF WILDINGS lO-----0-----O---- I I I re�a I 1 � 1 OOP[ x. 1 ntm v WT ii n i u u u u u u n n n ca nsb W ➢HG NCN 06gI --- IAi14 UN UNIT 3 5➢m'E3E+U�a31 LP =3 Lin Sf _ _________ m M4 am RttF (ypy(� NYL aP.EI W _ W2 HsM � m IIT72 =w6 II I I T II II II onaeas wa PNF ® 5 N S 0 S b SEGOND FLOOR FINAL DE516N LAYOUT IREv: DME W/04 PROGRE55 PRINT 5EGOND FLOOR 1nAM No. Dimensions 4 Layouts THE LORM—EMMERTON CONDOMINIUM 2nd FLOOR not all field verified 325 Essex Street Salem, Massachusetts ,Pr0005ed 5ubJect to Revision Date of print: cWO/04 5TALEY McDERMET ASSOCIATES SUE 50 Dearborn Street Salem,Mass.01410 418 145-4469 ,pg NO.:0f O-----0-----O————0 I I REM i l I raa� mnwnwe yy r mrno � 0 ' � ifttlrt l ( AtlP�llf/1'XriXM SYNIM� fi P— m IN AM QMM1f{Q$ -- P II ® _ II II �� tlYL II y DmleQ� t IMd , e , O Id�lll � LL�_1I I - f I I — 1 @RI. I t�J iW RPA N 5 O S 10 THIRD FLOOR FINAL DESIGN LAYOUT RLv: atEano/o4 PROGR PRINT THIRD FLOOR M4lG W ND. Dimensions a Layouts THE LORINO-EMMERTON CONDOMINIUM 3rd FLOOR not all Field verified 525 Essex 5treet Salem, iNassachusetts Proposed Subject to Revision L ESS ate of print: 9/20/04 5TALEY MCDERMET ASSOCIATES �3/32•=I'd 50 Da abo n.street Salem,Mass.01410 416-145-446<i ,pg N0:0456 0 Salem Historical Commission 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 (978)745-9595 EXT.311 FAX (978)740-0404 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: 128 Essex Street Name of Record Owner: Overlook Salem LLC Description of Work Proposed: Remove and replace side porch frame in kind to replicate existing. Reuse all original trim, railing& detail. Repair front porch to replicate existing. Repair/repoint chimney on main house to replicate existing. Replace electric service with meters to remain in basement. No changes in color, material, design or outward appearance. Non-applicable due to being in kind maintenance/replacement. r.r . Dated: September 16, 2004 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. The Commonwealth of Massachusetts CITYOF Board of Building Regulations and Standards SAL NI Massachusetts State Building Code, 780 CLNIR Sdkfar Revised Mnr 2011 Building Permit Application To Construct, Repair, Renovate Or Demolish a One-or Two-Family Dtv ng This Section ForQ iciai Use 0n Building permit Numberr ®5te Ap Building Official(Print Name) �. '$i u}e ate SECTIONN I:SITE INFORNIATION 1.1 Property Address: �G `J -5-5CK s 1,2 Assessors Map & Parcel Numbers I.t a Is this an accepted street?yes t>/no Map Number Parcel Number 1.3 ontng Information:nf 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided / 5 /S 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public la Private❑ Zone ' Outside Flood Zone? Municipal O/On site disposal system ❑ Check if yesO SECTION 2:, PROPERTY'OWNERSHIP 2.1 Ownert of Record* // wn Sfa,/F/ � ?/EM lA 0177, ) tir Namz(Print) City,State,ZIP 3L9 E555-k -79! 76o .7613U 5. /a 4p_, _:a%M No.and Street Telephone Email Address SECTION 3: DESCRIPTION OF PROPOSED WORIe(check ail that apply) . New Construction ❑ Existing Building&" Owner-Occupied Repairs(s) OW1 Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg. ❑ NumbzrofUnits Other Cl Specify: Brief Descripti�9,tn of Proposed Work": i?c� /<?c n vc E X r 5' JG cn u e fro ✓f e7� Sr r/ /nf�S'P rn/ fli Alei 2_o£J /L e7Nr, .n 4 (, e fmw je'� rA�it4k f o9Dc?n 1 SECTION 4: ESTEYLVXED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only-,Labor and Materials y` 1. Building Out(,;5 S /L/ 0640 1. Building Permit Fee:S' _ Indicate how fee is determined: i Q Standard.,City/Town Application Fee 2. Electrical S . ❑'Cotat Project Cost(Item 6)s multiplier x 3. Plumbing S 7, Other Fees: S 1. Mechanical (11V.%C) S List: i. ;%lechanical (Eire X Suppression) �hir]A(ty $ 7/00'o Tutal :Ulrees: $_ --- -- C heck No, Check Amount: Ca h \manor o I'otal Project Cost: 3 Z w 000 ❑ Faid in Pill ❑ Ontotandm., Il iloncc Dlw: SECTION 5: CONS'rRUCrION SERVICES prtr tion Supervisor License (CSL) �( (..t4License Number Expiration Date older List CSL'rype(see below) �dI'ttype Description / % 916G17� U Unrestricted DFami Hsu el ing cu. ft.r'r'l R Restricted 13c? F;unit Dwelling City/Town, e, ZIP NI blasonr a Roofin Coverin $ Window and Siding SF Solid Fuel Burning Appliances Insulation Nle hone Email address r .0 D I Demolition 5.2 /DS Registered Home Improvement Contractor(11IC) ` 7Z 6 0 7 leo / oro Os-1On/ C�VM tJ !-)�r�� 16"1.$& F(IC Registration Number E.rpir; on Date I IIC Cmnpany Name or FIIC Registmu t Name iv�57 w Fy�✓1 418,� No and Street zn pp pZ 3�/ Email address '/ /�ioc EfaN ry SG0 '17� 1J�160 l� City/Town,State, ZIP Telephone SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M.G.L. c. 152.§ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes .......... No ........... ❑ SECTION 7a: OWNER AUTHORIZATION TO DE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, as Owner of the subject property,hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application. Print Owner's Name(Electronic Signature) Date SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION Bye below, I hereby attest under the pains and penalties of perjury that all of the information lication is trueeand accurate tothebest my knowledge and understanding. orimd Agent Name(Errectrunic QILLWO Mae NOTES: I. An Owner who obtains a building permit to do his/her own work, or an owner who hires an unregistered contractor (trot registered in the Home Improvement Contractor(HIC) Program),will not have access to the arbitration program or guaranty fund under M.G1. c. 142A. Other important information on the HIC Program can be found at www.nrts:.•'uv oca Information on the Construction Supervisor License can be found at?tww.tlms:.,•o}yrdL F2. %Vhen substantial work is planned,provide the information below:ta! floor area(sy. !iJ (including garage, finished basemenUattics, decks or porch) o;; living:uea (sy. ft.l __ _ FLtbitabk rnont countmberof turphtccs —-,_.------ `'umberofbedroomsntber of bathrooms -- Number of halllbaths ---------- -------------- -- frpo of he:ttiug ;yucm ---- _-- Number of deck.;,'pordw,; I)peofcoohng ;y;icnh _---- 1?11oosed _. - p' II 4. t.tl I'n, cot �� u.uv 14ax.ige ni.t y he ,nb;trod",! t0l I' ,[.it Plojcct Coo" I I � Y 1 if Salem . istorical Commission 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 (278)519-568F FAX 1978)7E400404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ 1.�onstruction ❑ Moving El Reconstruction ❑ Alteration Demolition ❑ Fainting ❑ 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: 328 Essex Street Name of Record Owner: Thomas Stantiel. Rohort Cuerriero, I iYard Cantor, Hatv�v Rosenild Description of Work Proposed: Replace, in kincl, existing copper gutters on front and side of house with net, copper hanging gutters. Dated: March 14, 2013 SALEM HISTORICAL COMMISSION 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. THUS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the hrspector of Buildings (or any other necessary permits or approvals) prior to commencing work. X — t -fl L-u 1 i---1 Cr- v ,zf, .� Salem Historical Commission 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction 0 Moving ✓ Reconstruction 0 Alteration ❑ Demolition 0 Painting O Signage 0 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: 328 Essex Street# 5 Name of Record Owner: Lee and Heidi Zohn Description of Work Proposed: ■ In-kind repair of fallen wooden railing plus new railing materials to match existing railing on roof There will be no changes in color, material, design, location or outward appearance. Non-applicable due to being in-kind repair. Upon completion of above work,please notify Historical Commission staff as final sign-off is required to document compliance with this Certificate and approved plans. Dated: June 1, 2018 SALEM HISTORICAL COMMISSION r 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.