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142 FEDERAL STREET - BUILDING JACKET 142 FEDERAL STREET O L J aC '91 (fits ofttlem, russttcljusetts s a'' Boarb of r�u{ienl c C`E�n DECISION—ON_THE_PETITION OF TIMOTHY CLIFFORD FOR A SPECIAL PERMIT AT 1F 42} FEDERAL STREET (R-2) A hearing on this petition was held August 26, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis Grealish Jr. , Edward Luzinski and Associate Member Ronald Plante. 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, owner of the property, is requesting a Special Permit to allow an existing patio which encroaches on the side setback requirement to be screen in and roofed over. The property is located in an R-2 district. 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 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 of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact; 1. There was no opposition to this petition by neighbors or abutters. 2. There is an existing patio and none of the proposed work would be visible from the street. 3. Granting this petition will enhance the quality of life for the petitioner. PETITION OF TIMOTHY CLIFFORD FOR A SPECIAL PERMIT AT 142 FEDERAL ST. , SALEM page two 4. A certificate of non-applicability has been issued by the City of Salem Historical Commission for this work. 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 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a legal building permit. 5. Exterior finishes of the proposed screening and roof shall be in harmony with existing structure. SPECIAL PERMIT GRANTED August 26, 1992 Richard Febonio, Vice Chairman Board of Appeal M r m c m c� S N DECISION ON THE PETITION OF TIMOTHY CLIFFORD FOR A SPECIAL PERMIT AT 142 FEDERAL ST. , SALEM page three 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 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 � m r m c CC Um L. ^J Plans must be filed and approved by the Inspector before a permit will be granted. No. City of Salem Ward Is Property Located in the '� � Historical District? Yes No— HomePhone Is Property Located in a , Conservation Area? Yes_ No ''+ sg Bus.Phone# r APPLICATION FOR PERMIT TO CONSTRUCT PO , DECKS D SHEDS Salem, Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby appli for a permit to build according to the following specifications: Owner's name and address I Al +TN'V YZ �� f 7 7 Feb pne X L V-, e"IE J Architect's name - Mechanic's name and address 6-ekT1 Lr 6,r— �1;7— ,34, Location of building, No. 1 9?z f1-L Sr What is the purpose of building? It FL I Material of building? If a dwelling,for how many families? Will the building confog°to the requirements of the law? yrf Estimated cost r Con dors Lic. No. Signature of applicant -a '(7 igne the Penalty of Perjury REMARKS Jai 5C2 EFN /N Pcrl! , r Pz i,a - W F*K Alone No. 3l %� Ward APPLICATION FOR PERMIT TO CONSTRUCT SWIMMING POOL Location PERMIT GRANTED Ap rov d O OL Erl,Iding In, pecto CITY OF SALEM BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please Print DATE ,JUN(= JOB LOCATION /y-z ECPf-ZA-L S� Number Street address Section of Town "HOMEOWNER Name Home phone Work phone PRESENT �MAILING ADDRESS /1fZ 2&eSpA c Z/TE 2S64State � d he current exemption of "homeowners" ',vas extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. ( State Building Code Section 109. 1 . 1 ) DEFINITION OF HOMEOWNER: Person(s) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one to six family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official , on a form acceptable to the Building Official , that he/she shall be responsible for all such work performed under the buildino permit. Section 109.-1 . 1 The unaersioned "homeowner" assumes responsibility for compliance with the State I uilding code and other applicable codes. by- laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the City of Salem Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. HOMEOWNER'S SIGNATURE�� ��� APPROVAL OF BUILDING OFFICIAL NOTE: Three family dwellinas 35,000 cubic feet, or larger, will be required to comply with State Building Code Section 127.0, Construction Control . HOME OWNER' S EXEMPTION The Code states that: "Any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109. 1 .1 - Licensing of Construction Supervisors) ; provided that is a Home Owner engages a person(s ) for hire to do such work , that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for Licensing Construction Supervisors, Section 2.15) . This lack of aware- ness often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case your Board cannot proceed acainst the unlicensed person as it would with licensed Supervisor. The Home Owner actino as supervisor is ultimately responsible. .o ensure that the Home Owner is fully aware of his/her responsibilities. many communities require. as part of the permit application. that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community.