416 ESSEX STREET - BUILDING JACKET 416 Essex St.
I
Citp of �6iafem, J11a!5!5arbu!5ettg
Public 3prnvertp Department
-puilbing Department
One�Roa[em green
(978) 743-9595 (ext. 330
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
February 12 , 1998
Laverna Saunders
416 Essex Street
Salem, Mass . 01970
RE : 416 Essex Street
Dear Ms . Saunders :
It has come to the attention of this office that you
are illegally renting a third unit at 416 Essex Street.
According to our records the structure at 416 Essex Street
is a legal two ( 2 ) family dwelling.
Per City of Salem Zoning Ordinance , you have two ( 2 )
options . Number one, you may choose to empty the illegal
unit and return it to a legal status of being used for
bedrooms , bath, playroom, washroom in conjunction with the
second floor dwelling unit . Number two , you have the
right to file a application with the City of Salem Board
of Appeals to try in legalize said unit .
Please notify this department within fifteen ( 15 )
days upon receipt of this letter , to inform us as to what
course of action you will take to rectify these
violations . Failure to do so will result in legal action
being taken against you.
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
Leo E . Trembl
Zoning Enforcement Officer
LET: scm
cc : Frank Kulik
Councillor Kelley, Ward 3
(fitp of *alem, 41a!65arbUgettg
i Public Propertp Mepartment
Wuilbing Department
One sba[em Oreen
(978) 745-9595 Cxt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer March 2 , 1998
Dr . Laverna M. Saunders
416 Essex Street
Salem, ;.;ass . 01970
Dear Dr . Saunders :
First let me clear the issue of "Mother-In Law
Apartments" . The City of Salem Zoning Ordinance does not
have a classification for "In-law Apartments" , so they are
illegal .
Secondly, per the City of Salem Zoning Ordinance ,
Article 5-2 (B) #(3 ) Rooming and boarding of not more than
two persons , interpreted means renting out of your unit
without additional kitchen and separation from your unit .
You may rent two rooms on the third floor i4'5f you are
occupying the second floor . You can not have a separation
between your unit on the second floor and rooms on the
third floor . You are not allowed kitchen appliances
inside the rooms you are renting.
Enclosed, please find the City of Salem Zoning
Ordinance that pertains to your situation . If this office
can be of any further assistance in this matter , please do
not hesitate to call .
Sincerely,
Leo E . Tremblay
Zoning Enforcem t Officer
LET: scm
cc : Frank Kulik
Councillor Flynn, Ward 2
i
416 Essex Street
Salem,MA 01970
February 25, 1998
Leo E.Tremblay
Zoning Enforcement Officer
One Salem Green
Salem, MA 01970
Dear Mr. Tremblay:
In response to your letter of February 12, 1 present the following information. First,I spoke with you by
telephone approximately in April, 1997 to find out what the local regulations were regarding zoning. You
told me that my home was located in a commercial zone and that I would have to apply for a variance if I
wanted to convert my two-family home to a three-family. You advised me to retain the living space on the
third floor as a"mother-in-law"space and told me that I was allowed to rent up to two bedrooms without a
change in zoning.
In September I listed my room with the Salem State College office of Residence Life/Off Campus Housing.
1 do not have a copy of the form that I completed,but I am enclosing a blank form for your information. I
received one call from a student to whom I rented the room. She is a 20-year-old single mother,on
welfare, with a two-year-old child. I did not require a lease or a security deposit. I provide the utilities
(heat, electricity,water/sewer),which are part of my 2"^floor wiring and my furnace,as part of the rental
price of$525. With this income I have continued to make improvements in the living space, including the
replacement of the windows facing May Street,baseboard radiators,and telephone line installation. I also
purchased a refrigerator and provided primary furniture. This has not been a profit-making venture, but I
feel that I am assisting a student who has many challenges in her life.
I am willing to give her notice to vacate effective May 30, in part because I need the living space over the
summer for my son who is currently attending college at Carnegie Mellon University in Pittsburgh. I
contend that I have not violated local zoning because the living space lacks a kitchen and is not an
apartment. 1 offered the student kitchen privileges but she declined.
Upon receipt of this letter,please send me a copy of the respective city zoning ordinance. As an
administrator at Salem State College, I would like to provide temporary housing to students in the future. I
prefer having the knowledge and security of compliance with city regulations.
Sincerely,
4,el nuc. 41'
Dr. Lavema M. Saunders
xc: Councillor Regina Flynn, Ward 2
RESIDENCE LIFElOFF CAMPUS HOUSING
BATES COMPLEX
SALEM STATE COLLEGE
SALEM, MA 01970
(508) 741-6416
ROOM INA PRIVATE HOME
Today's Date:
Street: Phone:
Citv Zip'
Rent: Weekly Monthly Available
— —ce)-�REFERiPEJ GEd�fP�:LeaseRequired: Yes (Y) , No (N) , If Yes: Dates
Security Deposit Required: Yes (Y) , No (N) , If Yes: amount
Heat: Included (1) , Separate (S)
Utilities: Included (1) , Separate (S)
Furnished: Yes (Y) , No (N) , Partially (P)
Handicapped access: Yes (Y) , No (N)
Pets Welcome: Yes (Y) , No (N)
Parkine: Yes (Y) , No (N) , On Street (0) , At Extra Cost (E)
Five Minute Walk to Public Transportation: Yes (Y) , No (N)
Number of Minutes to Campus: By: Method
Kitchen: Yes (Y) , No (N)
WasheriDrver Facilities: Yes (Y) , No (N)
Private Entrance: Yes (Y) , No (N)
Private Bath: Yes (Y) , No (N)
.access to House: Yes (Y) , No (N
Smoker Preference: `Ion-Smoker (N) , Smoker Welcome (Y)
Other Description:
•ww4wr#w#+fi#rtwrw+wt+fi4i##wr4wT##+###++#rrt#+w##wwrt+#rt4fi4++fi#fi+#+fi+4fi F+t#wfi+#www
Landlord's Name:
Landlord's address: (if different from above):
s;
ATti
^^+' USE REGULATIONS SALEM ZONING ORDINANCE Art.V, § 5.2
j
ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed
or offered for sale from the roadside.
Sec. 5.1. Generally. (3) Nursery,elementary and secondary schools,
(a) Uses of land, buildings and structures shall public parks and playgrounds, and public
Y: libraries.
be regulated according to the schedule of uses set
out in this article for each type of district. "Per- (4) Churches and similar places of worship.
mitted uses" are those which shall be permitted
in the district at any time. "Special permit uses" (5) Parish houses, convents and monasteries.
are those which may be permitted in the district (6) Institutions of higher education.
at the discretion of the board of appeals upon its
determination that specific conditions are satis- (7) Public and private golf courses.
fled. As ex "explained in section 5-3(h)(3), "prohibited p P (8) Private garages and other accessory uses
} • uses" are those which shall be specifically prohib• and buildings, provided that such uses are
iced in the City of Salem at any time. clearly incidental to the principal use. All
.:
b) The interpretation of the language of this the buildings on the lot shall not occupy a
greater percentage of the lot area than
ordinance with respect to permitted and special
.; permit uses shall be in accordance with the intent listed in Table I following Article VI herein.
stated in section 3-1 for each type of district. (b) R-2 Districts. The following are permitted
uses in the two-family residential districts:
(c) The term "use of land" shall include the in-
erpretation which shall include the restriction (1) All uses permitted in R•C and R-1 Districts,
I that the land cannot be used for the storage or except agricultural, horticultural and flori-
overnight parking of motor vehicles, including cultural operations.
trucks, tractors, trailers except as exempted by (2) Two-family dwellings,detached or attached.
section 7-1, unless the "permitted use" for build-
ings in the district allows such parking for the (3) Rooming and boarding of not more than two
(2) persons.
storage of commercial motor vehicles.
(4) Historic buildings open to the public.
` . Sec. 5.2. Permitted uses. (5) Museums.
,•._ (a) R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses
mitted uses in the residential-conservation and and buildings, provided that such uses are
one-Family residential districts: clearly incidental to the principal use.
(1) Detached single-family dwellings.
(7) Buildings and facilities for elderly housing
(2) Customary agricultural, horticultural and projects built under the jurisdiction of the
Salem Housing Authority and financial)
floricultural operations, provided that: g y y
aided by either the U.S.Public Housing Ad-
_ a. All the buildings combined shall not ministration and/or the Commonwealth of
occupy a greater percentage of the lot Massachusetts Department of Commerce-
area than listed in Table I following Division of Public Housing.
' Article VI herein.
(c) R-3 Districts. The following are permitted
b. No storage of manure or odor- or dust- uses in the multifamily residential districts:
producing substance and no building
in which farm animals are kept shall (1) All uses permitted in R-2 Districts.
be permitted within one hundred (100) (2) Multifamily dwellings.
feet of any property line.
c. No greenhouse heating plant shall be (3) Private garages and other accessory uses
-" operated within fifty (50) feet of the and buildings, provided that such uses are
_ property line. clearly incidental to the principal use.
11
DEFINITIONS SALEM ZONING ORDINANCE Art.II, § 2.2
seven-year incremental periods of effectiveness, Dormitory:A building having facilities to house
not to exceed a total of twenty-one (21) years, for persons in single rooms or double rooms with
the development of the city in accord with the common toilet and bathing facilities.The building
master plan and official zoning map in order to may also have common rooms, recreation rooms,
provide for maximum orderly, adequate and eco- self-service laundry facilities and snack kitchens.
nomical provision of transportation, water, sew-
erage,drainage,parks and recreation,schools,mu- Drive-in restaurants or snack bars: Any eating
nicipal facilities and structures and other public establishment where commodities are consumed
requirements. on the premises but outside the principal building.
Cit}: The City of Salem. Dwelling: A building designed or used as the
Clinic, medical or dental: A building or build-
living quarters for one (1) or more families.
ings having facilities for diagnosis and minor treat- Dwelling, multi/family:A building designed for
ment of humans, as differentiated from hospitals. or occupied by three (3) or more families, with
The building may have doctors' offices, x-ray separate housekeeping and cooking facilities for
rooms, laboratories,operatingroom for minor sur- each.
Pry, kitchen and diet kitchen facilities. The
building will primarily be used for"out patients" Dwelling, multi family,garden type:A building
or ambulatory patients and not for convalescent designed for or occupied by three (3) or more fam-
patients. However, not more than ten (10) beds ilies, but not more than eighteen (18) families,
pray be provid d for patients under diagnoses, for with separate housekeeping and cooking facilities
occupancy riot to exceed four (4) days. for each.The buildings will further conform to the
requirements of section 5-3(d)(5)herein.The terms
1!rA Convalescent or nursing home: As defined by "town houses," "row houses," "attached houses"
Section i 1 of Chapter III of the General Laws: A and like terms shall be interpreted as being syn-
convalescent or nursing home is defined as any onymous with the term "multifamily, garden
institution, however named, whether conducted type."
for charit'• or profit, which is advertised, an-
nounced or maintained for the express or implied Dwelling,single-family:A detached building de-
nounced
purpose of caring for three (3) or more persons signed for or occupied by one (1) family only.
admitted thereto for purposes of nursing or con-
Dwelling,two-family:A building designed for or
valescent care.
occupied by two (2) families only, with separate
Developer: Any person who, having an interest housekeeping and cooking facilities for each. A
in land, causes it directly or indirectly to be used so-called duplex dwelling,even though having two
for residential development; or who directly or in- (2) separate entrances and street numbers, shall
directly sells, leases or develops or offers to sell, be construed as being a single building.
lease or develop or advertises for sale, lease or
development any lot, plot, parcel, site, unit or in- Dwelling unit:A building or portion thereof pro-
terest for residential use. viding complete housekeeping and cooking facili-
ties for one (1) family.
Development permit: A permit to be issued to a
developer by the planning board granting the right Family: One (1) or more persons occupying a
dwelling unit and living together as a single non-
to develop a given parcel of land for residential
use after said parcel has been approved for such profit housekeeping unit;provided that a group of
development as determined by the standards of three(3)or more persons who are not within some
j issuance for residential development contained degree of kinship shall not be deemed to consti•
herein. tute a family.
Development use, residential: The erection or Garage, private: An enclosed space for the
construction of dwellings on any plots, lots or par- parking or temporary storage of one (1) or more
cels of land or any portion thereof. automobiles,except that one(1)space may beused
5
Wu I BUILDING
CITY OF SALEM
SALEM, MASSACHUSETTS 01970 PERMIT
DATE 19 PERMIT NO
APPLICANT 2 ADDRESS
(NO,) (STREET) (CONTR S LICENSE)
CITY STATE-. ZIP CODE TEL.NO.
NUMBER OF
PERMITTO 7 STORY -' -: t-, 1"r' DWELLING UNITS
: T-..-
(TYPE OF IMPROVEMENT) NO (PROPOSED USE)
ZONING
AT(LOCATION) DISTRICT
-
(NO, (STREET)
BETWEEN
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION LOT BLOCK- SIZE 7
--
BUILDING IS TO BE-FT.WIDE BY-FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
7 1:
REMARKS r .7
AREA ORPERMIT
VOLUME ESTIMATED COST$ FEE $
(CUBICISOUARE FEET)
OWNER
BUILDING DEPT
ADDRESS BY
THIS PERMIT CONVEYS NO RIGHT TOOCCUPY ANY STREET.ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
ON PUBLIC PROPERTY.NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REOUIRED FOR
I FOUNDATIONSOR FOOTINGS. ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH) NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
2
2
BOARD 2jEtqLV-- GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
PiT711
INAT OFOCCUPANC ( i
1
OTHER CITY ENGINEER ff. '21 7-M21 155ueu: Z'Z:�
City of Salem Building Dept.
j
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION S NOTED ABOVE OR WRITTEN NOTIFICATION
7-0
The connllon\cealth of Massac IL1.Setu
t Board of Building Regulations and Standards Hilt
\II NI( II'.\I I I 1
i Massachusetts State Building Code. 780 ('%IR. 7°i edition
,i
Building Permit Application To ConslrucL Repair. Reno\ate Or Demolish a R, nrll Imm.,,t
Unc. .. . ... . ...... Dnrllitt,t
—i
This Section For Official Use Only
Building Permit Numb Date .Applied: �p
S h1n'turr: - — - --- - -— -
Bw Ju ('uuunn+toner/ Inslxcurr o(BuilJings D:ac
SECTION I: SITE INFORNLVTION — -
- ------- --
1.1 Properh Address: 1 2 .%ssessors .\lap & Parcel Numbers
X I
Nunther Val,cl `:umhti'
I.Ia 1; thin an fin�'C'l:ed +11.Ct� \ a U �P• I
1.3 Zoning Information:
Zoning Disnv.t Proposed Use Lot Arts Isq fU I iur;"ve rin --_
I
r1.5 Building Setbacks (ft) _
—1
j Front Yard Side Yards __— Rear 1':.rd - J
Required Provided Required _PrnviJed Required_.._ Pru+ldcu
I
1.6 Water Supply: (M.G,L c. 40. §54) L7 Flood Zone Information 1.8 Sewage Disposal System:
Zune: _ Outside Flood Zone" �tunici �I ❑ On site Jis wsal s +tem ❑
Puhlic' ❑ Private❑ Check if yes❑ p' I T.
SECTION 2: PROPERTY OWNERSHIP'
2.1 own
of Record: p�rL
N.unc i f inU I/ Address for Servrce:
i_;nauuv Tciephune
ECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply) -
-- ---
N:rwConstruction ❑ Existing Buii'l.np �—Os a Occupied Repans(s)AllAlteration(s) ❑ .WJnin ❑-__I
Denlolmon ❑ .Accessory Bldg ❑ i Number of Units 2 Other ❑ Speafy: —_-�
Brief description of Proposed Work'': ---_--
I
SECTION J: ESTIMATED CONSTRUCTION COSTS
6umilted Costs
Item (I_aborand Materials) Official Use Only
1, Building $ I. Building Permit Fee: Indicate how tee is determined
❑ Standard City/Town \pplication Fee
2. Electrical 5 ❑Total Project Cost' (Rem 6) x multiplier x
3. Plumbing 'S -. Other Fees: S
1. Mechanical (HV:\C) 5 List:
_ btechanieal IFne
Su t rc.siun)
Total All Feee: $
Check No. Check Amount ( ash ,\nnatnt:
0 Total Project Cost: 5 Cl Paid in Full ❑ Ouistandin-, Balance
SECTION 5: CONSTRUCTION SERVICES
5.1 Licensed Cmrstruclion Supervisor (CSI.) — —
_ [-,crow Numher Ifspr.won Dale
Naun•of ('St.- I[older
— Llet CSI_ rope I.rr
—' 1V Desire tom
\ddress
- C l'nrnlncteJ ''pa) 1,i.IN1U Cu hI i
- R Resumed I.@-' Famih D,ellme —�
Snsnuture
11 \I:uonn Onls
C Raidenual Ruoline l'ot cni ne
I'elvltlwne fR
\'S Re'idcnli,J .,I i:�hn_
SF RQ,:druu,d .Solid F uel Ilm noise Ahpli.ul.; In.I.d LIIii1
5.2 Registered Home Improvement Contractor (HIC) —_--_ -
HIC Company .Name or FIIC Registrant Name Registration Nuwher
AJdrese
Fspualion Date
Signature "relephone
SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT (M.G.L. c. 152. § 25C(6)f
Workers Compensation Insurance affidavit must be completed :Ind submitted with this application. Failure to pnis ode
this affidavit will result in the denial of the Issuance of the 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 to act on my behalf, in all matters
i
relative to work authorized by this building permit application. j
i
Si nature of Owner Dale
SECTION 7b: OWNERI OR AUTHORIZED AGENT DECLARATION
as Owner or Authorized Agent hereby declare
that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and
behalf.
k(S,i
Name
ure of Owner or Authorized Agent Date
d under Ilse ams and enalties of egto ')
NOTES:n Owner who obtains a building permit to Jo his/her own work, or :mowner who hires an unre�_I,tercd copra,i,1
not registered in the Home Improvement Contractor(HIC) Program), will not have access to the athimalitm
program or guaranty fund under M.G.L. c. 142A. Other important infinntation on the HIC Program and
Construction Supervisor Licensing (CSL)can be found in 780 C11R Regulations 110.R6 and 1 10 R5. rr,pecoseh
' When substantial work is planned, provide the Intormanon below:
Total floors area ISq. F(.l Imcluding garage. finished hasement/llltic,. deck, ur purihi
Gros living area I Sy. Fr.) Habitable room coum
Number of fireplaces Number of hedrnum,
I Number of hathrooms Number of h.dt/h,th,
'!\lie of heating system — _ Number of deck,/ Pnrncc,
Type of eoohnu syslem _ f]t�horJ --_ _l)pcn
I
i. "Total Project Square Footage• may be ,llbsoutled for fo(ai Project cosc