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104 FEDERAL STREET - BUILDING JACKET 1:04 FEDERAL"fSTREET ;,A +,� ,�;,uwnTti� �m CITY OF SALE NI, A/L-1SS z\c ECUS ETTS + BOARD OF APPEAL 9��/M1NBW 120 WASH IN<;[ONSIIu;I�I * S��.��:,��,at:�>,.��:��o;��.rtso[970 1013 DEC 30 P 2: 0 Ian iwpi.t:v Miscou. fiti.r!:978-745-9595 ♦ F.w:978-Ido-9846 \I:+roa FILE 0 CITY CLERK. SALEM. MAS December 30, 2013 Decision City of Salem Zoning Board of Appeals Petition of GENIA PATESTIDES requesting a Special Permit under Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to allow a change from one nonconforming use to another nonconforming use,at the property located at 107 FEDERAL STREET (112 Zoning District). On December 18, 2013, the Board of Appeals met to discuss the petitioner's request to withdraw the above referenced petition without prejudice. The following Board of Appeals members were present: Rebecca Curran (Chair), Annie Harris (Vice Chair), Richard Dionne, Thomas Watkins, and David Eppley (Alternate). Board of Appeals members Mike Duffy and James Tsitsinos were absent. At the request of the Petitioner, the Board of Appeals voted to allow the Petitioner to withdraw the petition Without prejudice. ['he vote was unanimous with five (5) in favor (Mr. Watkins, Nls. Curran, Mr. Dionne, Ms. Harris, and Mr. Eppley) and none (0) opposed. PERMISSION GRANTED TO WITHDRAW WITHOUT PREJUDICE DECEMBER '18, 2013. Rebecca Curran, Chair Board of Appeals ,A COPT' OF THIS DECISION FL\S BEEN FILED W ITI[ 'CLIE PLANNING BOARD AND TIIf, CLIP ('I1:RK 1ppeal from Mi, clnhim, 61,w. Vollhe nark pul:rraml !o),that l7 of!Ge M,uwJur.,e/Lr Genentl Lluur Cbapio- 10 L and.rb,ril ht filed wilbiu 20 d'!P of Jilin; of this de,ruon in the olliee o/Me C7qClok. Purueud to the Ma.umllioett.r General L-mi, 0,apkr 40. 1, )c&ou 11. the I 'dei,rNn or.1perial Perniil sraa/nl herein.shall Nat tcF.e e/)drt ua/ll a ropy of Me ele'i,mN hr:u%a;Me ,rr!i/i,vle o/Ib,, Ci!+ Ou.1- hd;been/il°d vilh 1he 1 r,f,.v Saith of oeeeh. *�oM1o1r� CITY OF SALEM MASSACHUSETTS �y PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET. 3RD FLOOR �4SALEM, MASSACHUSETTS 01970 o. TELEPHONE: 978-745-9595 EXT. 380 FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR March 24, 2008 Barbara Cleary/David Hart 104 Federal Street Salem, Ma. 01970 RE: Zoning Violation Dear Owners: I notified you regarding a zoning violation back on November 15, 2007. A second letter went out on January 15°i of 2008 which you responded to. This issue has not been addressed. Please be advised, my last letter directed you to correct a zoning violation. Your right to appeal, if you disagree with my zoning interpretation was to the Zoning Board of Appeals. There has been no communication from you regarding compliance. The next step is a daily fine for each day of the continued zoning violation. Sinc y, Thomas St. Pierre Zoning Enforcement Officer cc: Jason Silva, Mayors Office Elizabeth Rennard, City Solicitor �ronolrge CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 1 20 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE. 978-745-9595 EXT. 380 xmeao� FAX. 978-740-9846 KIMBERLEY DRISCOLL MAYOR January 15, 2008 David & Barbara Hart 104 Federal Street Salem, Ma. 01970 RE: Zoning Violation Dear Owners: On November 15, 2007, I sent you a letter regarding the placement of your shed and the fact that its location does not agree with the decision of the Zoning Board. I also directed you to contact me to discuss this. At this point, with no response from you, 1 am directing you to relocate the shed to conform with the drawings that were approved by the 1989 Zoning Board of Appeals Decision. The shed needs to be relocated within 30 days upon receipt of this notice. Failure to comply will result in further enforcement action. Your right to appeal this order is to the Zoning Board of Appeals. Sin ely, Thomas St. Pierre Zoning Enforcement Officer Cc: Mayor's Office Beth Rennard, City Solicitor Councillor Sosnowski CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR ( a SALEM, MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 EXT. 380 FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR November 15, 2007 David& Barbra Hart 104 Federal Street Salem, Ma. 01970 RE: Zoning Violation Dear Owners: I have received a complaint regarding the placement of the shed in your yard. As you are aware, in June of 1989, you petitioned the Salem Zoning Board of Appeals to construct a shed within the 5 foot setback that is required. A recent survey of 102 Federal Street shows that your shed encroaches upon 102 Federal Street by 2 feet-seven inches. Normally we would not be involved in a property line issue, but in this case, it appears the shed was not constructed per the plans that were submitted to the Zoning Board of Appeals. This violates the terms of the Z.B.A decision. You are directed to contact this office upon receipt of this letter to discuss this matter. Since Thomas J St. Pierre Building Commissioner Zoning Enforcement Officer cc: Mayors Office Councillor Sosnowski City Solicitor, Beth Rennard Jar 20 2 s8 N '89 Ctv of �$ttlem, MU55ar4u6eft CITY CLERK. SAU!1. MASS. �J F �llMlil 0{ �UfTP211 DECISION ON THE-FETI.TION_OF-_BARBARA CLEARY AND DAVID HART FOR A VARIANCE ATL104 FEDERAL ST. (Rf2) A hearing on this petition was held June 14, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski and Nutting. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioners, owners of the property, are requesting variances from side and rear setbacks to allow construction of a shed in this R-2 district. The Variances which have been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involve and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of 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 stubstantially derogating from the intent of the district or the purpose of the Ordinance. 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 . There was no opposition presented to the petitioners plan. 2. To place a shed anywhere on the property would require relief from the Board of Appeal. 3. The shape of the lot makes this the most feasible location for for the shed. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district generally; 2. Literal enforcement of the provisions of the Ordinance would work a substantial hardship on the petitioners; 3. 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. f DECISION ON THE PETITION OF BARBARA CLEARY AND DAVID HART FOR VARIANCES AT 104 FEDERAL ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances requested, subject to the following conditions: 1 . All construction be done as per City and State Building codes and with a legal building permit. 2. Dimensions be as per the plans submitted. 3. Petitioners obtain a Certificate of Appropriateness from the Historic Commission, a copy to be provided to the Board of Appeal for the file. 4. Exterior finishes of the proposed shed be in harmony with the existing building at 104 Federal Street. VARIANCES GRANTED (ohn R. Nutt , Secre ary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal frim this decisicn, if any, shall be made pursuant to Section 17 of the Mass. General Lays, Chapter 808, and shall be filed within 20 days after the date of filing of this decisicn in office of the City Clerk. Pursuant Mass. General Cans, Chapter 808, Section 11, the Variance of Special Permit granted herein shall not take effect until a copy of the decisicn, bearing the certi- fication of the City Cleric that 20 days have elapsed and no appeal has been filed, or that, if such an appeal has been filed, that it has been Z� 7sseiisnis dis d or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the amer of record or is recorded and noted cn the owner's Certificate of Title. Board of Appeal 104 Federal Street Salem, MA. 01970 978-744-8202 Fax 978-740-0085 January 16,2008 Thomas J. St. Pierre,Building Commissioner Public Property Department 120 Washington Street Salem,MA 01970 Subject: Your letter November 15,2007 and January 15,2008 Re: 104 Federal Street Dear Mr. St. Pierre We apologize for not responding earlier to your letter,but simply got tied up with the Holidays. As you can see from the attached letter of January 5,we are intending to address the issue by researching the written document that we believe exists.We would appreciate an extension of time to allow us to find the document. Sincerely, David M. Hart File In M/Galaxy 318 1/16/2008 3:40:41 PM 104 Federal Street Salem, MA. 01970 978-744-8202 Fax 978-740-0085 January 5,2008 Thomas J. St. Pierre,Building Commissioner Public Property Department 120 Washington Street Salem,MA 01970 Subject: Your letter November 15,2007 Re: 104 Federal Street Dear Mr. St.Pierre We did in fact petition the Salem Zoning Board of Appeals to construct a shed within the 5 foot setback,and received permission. We also at that time (1989) conferred with the then owner of the adjacent property at 102 Federal Street,concerning the placement of the shed. We agreed that placing the shed closer to 102 Federal would allow a better view from the north unit's north window,and agreed that the shed would be constructed so it could be moved to allow efficient painting of the north wall. In fact when,102 Federal was recently painted the shed was temporarily moved for this purpose. The agreement was documented in writing,and we are researching the matter to find the documentation of this agreement,and will contact you at a later time with the,details S incerely, David M. Hart File In M/Gala y 312 1/16/2008 3:49:50 PM 104 Federal Street Salem, MA. 01970 978-744-8202 Fax 978-740-0085 May 28,2008 Thomas J. St. Pierre,Building Commissioner Public Property Department 120 Washington Street Salem,MA 01970 Subject: Your letter March 24,2008 Re: 104 Federal Street Dear Mr. St.Pierre This is to advise that the shed has been relocated to conform with the drawings that were approved by the 1989 Zoning Board of Appeals Decision. c Sincerely, David M. Hart cc/Jason Silva,Elizabeth Rennard File m NUGalmy 325 5/28/2008 5:56:29 PM The Commonwealth of Massachusetts Board of Building Regulations and Standards CITY Massachusetts State Building Code 780 CMR 70' edition OF SALEM R 's d J naa evr e a rY Building Permit Application To Construct, Repair, Renovate Or Demolish a 1, 2008 One-or Two-Family Dwelling This Section For Official Use Only Building Permit Number: Date Applied: Signature: A Building C6ramissionerl Inspector of Buildings Date SECTION 1: SITE INFORMATION 1.1 Pro0perty Address: 1.2 Assessors Map& Parcel Numbers 14 �C�Pr� Lla Is this an accepted street?yes_ no Map Number Parcel Number 1.3 Zoning Information: 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 Requred Provided 1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public❑ Private❑ Zone: _ Outside Flood Zone? Municipal Cl On site disposal system ❑ Check if yes❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner of Record: `) ej t) 1 C9 (4 0 R-4 10 4 6=�d P rCL1__�} Name(Print) Address for Service: Signature Telephone SECTION 3:DESCRIPTION OF PROPOSED WORK=(check all'that apply) New Construction❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) ❑ Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg.❑ 1 Number of Units_ Other ❑ Specify: Brief Description of Proposed World: C o nr) d rPhi , . t,0 4-o tPnI C-0-AP rr»r�etr ii,) SECTION 4:ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials 1.Building $ 1. Building Permit Fee: $ Indicate how fee is determined: 2.Electrical $ ❑Standard City/Town Application Fee ❑Total Project Cost'(Item 6)x multiplier x 3.Plumbing $ 2. Other Fees: $ 4. Mechanical (HVAC) $ List: 5. Mechanical (Fire $ Suppression) Total All Fees: $ Check No. Check Amount: Cash Amount: 6. Total Project Cost: / ❑paid in Full ❑Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor(CSL) R3(0 1 _S z- 13 - If J n LOn-Ls h License Number Expiration Date Name of CSL-Holder ,5a �)(C�l r;�!'CY S+ �(�jyy\ List CSL Type(see below) L Address Type Description ���� U Unrestricted u to 35,000 Cu.Ft. R Restricted 1&2 Family Dwelling Signatwir M Masonry Only q 1 8 - Z 39- 7�o -1 0 RC Residential Roofing Covering Telephone WS Residential Window and Siding SF Residential Solid Fuel Burning Appliance Installation D Residential Demolition 5.2 Registered Home Improvement Contractor(RIC) 1 2 g 1,r If n �'= S h HIC Company Name or HIC RegistrAnt Name Registration Number Address — c)79-2—3 S 76 O Expiration Date Signature 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 BE 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. Signature of Owner Date SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION I, 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. Print Name Signature of Owner or Authorized Agent Date (Signed under the pains and penalties of NOTES: l. An 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 not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.R6 and 1 I0.R5,respectively. 2. When substantial work is planned,provide the information below: Total floors area(Sq.Ft.) (including garage,finished basementlattics,decks or porch) Gross living area(Sq.Ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"maybe substituted for"Total Project Cost" + 1 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 `F, Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work its 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: I Q4 Federal Street Name of Record Owner: David M" Hari and Barbara A (Terry Description of Work Proposed: Remove existing chimney to roof line and rebuild to replicate existing with brick and mortar (color, texture& thickness) in kind on the north end q/'the west rogf. No changes in color, material, design or outlrard appearance. Non-applicable due to being in kind utainlettance/replacetttent. Dated: Nlav 6. 2010 SALEM I I C MMISSION 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. TI IIS 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. C4 e 1 53z3 OF The Commonwealth of Massachusetts Board of Building Regulations and Standards CITY M Massachusetts State Building Code, 780 CMR SdHar Revised,b/nr 20/1 Building Permit Application To Construct, Repair, Renovate Or Demolish a One-or Two-Family Dwelling This Section For Official Use Only Building Permit Number:' Date lie -nz 5 2, B41 .g Official(Print Name) Signa[ _ _ Date SECTION I:SITE INFORMATION 1.1 Pro erty Address: 1.2 Assessors Map&Parcel Numbers rF-tQ,�C� L I a Is this an accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq tl) Frontage(11) 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: LS Sewage Disposal System: Public❑ Private❑ Zone: _ Outside Flood Zone? Municipal❑ On site disposal system ❑ Check if yes❑ SECTION 2t,PROPERTY OWNERSHIP` 2.1 Ownert of Rewrd• C7ratr ,�/�a7- 8. . � C l�A-L �. �0 r31 970 Nl me(Print) City,State,ZIP No.an Street Telephone Email Address SECTION 3: DESCRIPTION OF PROPOSED WORW(check all that apply) New Construction❑ Existing Building Owner-Occupied Repairs(s) ❑ 1 Alteration(s) ➢R; I Addition ❑ Demolition ❑ 1 Accessory Bldg.❑ Number of Units / Other ❑ Specify: Brief Description of Proposed work-: /Te f �V 29�F_ 776'vt-) —� — SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials - I. Building $ I. Building Permit Fee:$ Indicate how fee is determined: 2. Electrical $ ❑Standard City/Town Application Fee ❑Total Project Cost. (Item 6).r multiplier x 3. Plumbing S 2. Other Fees: S 4. Mechanical (HVAC) $ List: 5. iblechanical (Fire 3 Suppression) Total All Fees: $ r� Check No. . Check Amount: Cash Amount: 6. Total Project Cost: $ W t7 v ❑ Paid in Full ❑Outstanding Balance Due: ) ,44 SECTION 5; CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) /11& D License Number Expir Lion Date Name of CSL Holder List CSL'fype(see below)7_ Type -Description No.and Street U Unrestricted(Buildings tip to 35,000 cu. It.) l�/�Ow At-f,4- ®( 9ICJ Restricted 1&2 Family Dwelling Cityffown,State,ZIP M Masonry RC Rooting Covering WS Window and Siding SF Solid Fuel Burning Appliances I lnsulation Tole 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 Ci /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 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: OWNER! OR AUTHORIZED AGENT DECLARATION By entering my name below, I hereby attest under the pains and penalties of perjury that all of the information contained in application is true and accurate to the best of my knowledge and understanding. Print Own e ' u is Name(Electronic Signature) Date NOTES: I. An 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 not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program can be found at wcvw.mass.eov'oca Information on the Construction Supervisor License can be found at www.nlass.goe:!dns i 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 Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"may be substituted for"Total Project Cost"