161 FEDERAL STREET - BUILDING INSPECTION r
Certificate Number: B-16-1246 Permit Number: B-163.1246
Commonwealth of Massachusetts
City of Salem
This is to Certify that the ........I................. ..............................Mu!tifa.m.i.ly...3.+..B.u..i.1di.ng..................................................... located at
........................... ....... ...... .............
Building Type
161 FEDERAL STREET in the
........................................................I...............1-.............................................................. ................I........................................... .....................................City.. Qf&k .................................................
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY
4 unit dwelling
This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and
expires ...............................;MotAPPAqNe.,...--.................... unless sooner suspended or revoked.
Expiration Date
Issued On: Wednesday, October 11, 2017
Commonwealth of Massachusetts '
k. CRV .of'Salerh
120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 t, .
Return card to Building Division for Certificate of Occupancy ,.
Permit No. .°816:1246
FEE PAID $8,800.00, PERMIT TOBUILD
DATE ISSUED: 10/27/2016 ' -
ae r ,
e s
This certifies that " 161 FEDERAL_STREET, LLC
has permission to erect, alter, or demolish a building,,,., 161-FEDERAL STREET Map/Lot: 250112-0
as follows: ,'Other Building Permit CONVERSION OF A RECTORY INTO FOUR (4)APARTMENTS. (See B-
s = 16-816 demo permit ). FINISH EXTERIOR DEMO& COMPLETE INTERIOR RENOVATIONS. (See
K ' attached plans). PER ZBA APPROVAL '-
Y -Contractor Name: DAN BOTWINIK `l -
DBA COUGER CAPITAL II LLC '3
Contractor License No: CS-101737 : I
r 10/27/2016
Building Official Date
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is'eommenced within six months after issuance..The Building Official
may grant one or.more extensionsnot to exceed six months each upon written request.,,.,,,,,,,,,,_-, �, -
f i 5 t fn 4 4
- y All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
. All cons truction,,alterations and changes of use of any:buliding and structures shall be in compliance with the local zoning by-laws and codes. - -
- This permit shall be displayed in location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the
work until the completionof the same..
The Certificate of Occupancy willnot be issued until all applicable signatures.by the 9uilding and Fire Officials are provided on this permit. -
H IC.#: `. 'Persons contracting with unregistered contractors do not have access to the guaranty fund'(asset forth'in.MGL a142A).
n •
Restrictions:
Building plans are to be available on site.
All Permit Cards are the property of the PROPERTY OWNER.
„ Commonwealth of Massachusetts
` City Of Salem
120 Washington St.3rd Floor Salem,MA 01970(978)745-9595 x5841 t -
u Retum card to Building Division for Certificate of Occupancy -
structure CITY.OF SALEM BUILDING PERMIT
Excavation'c - -
PERMIT`TO BE POSTED IN THE WINDOW J
Footing INSPECTION RECORD
Foundation
Framing 0t.
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Mechanical
Insulation an . ^” INSPECTION: BY DATE
Chimney/Smoke Chamber, - - •- a _
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Preliminary
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"+ Commohwealth of Massachusetts
City of Salem,
+.•�, }." Pa.:eit ^'" K
120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 i
Return card to Building Division for Certificate of Occupancy 4 .
"
(Permit No. B-
FEE PAID. $25.00 = PERMIT TO BUILD
DATE ISSUED: 7/26/2016
This certifies that 161 FEDERAL STREET, LLC
has permission to erect, alter, or demolish a building-,.., .167,.FEDERAL STREET Map/Lot: 250112-0
as follows: Other Building Permit INTERIOR DEMOLITION ONLY. L CATION FOR THE
. N.
.CONSTRUCTION OF FOUR(4)APTS. TO BE FILED SOON.
? i
Contractor Name:
DAN BOTWINIK -
aF DBA: COUGER CAPITAL II LLC
..Contractor LicenseNo: CS-101737
,z 7/26/2016
Building Official Date
This permit shall be deemed abando ed and invalid unless the work authorized by this permit Is commenced withirls nths after issuance,The Building Official -
may grant one or more extensions not to exceed.six months each upon written request.
All work,authorized by this permit shall conform to the a pproved appucat(nand the approved construction documents for which this permit has been granted:
- All construction,alterations and changes of use of anyjbuilding and structures shall be in compliance with the Ioblal zoning by-laws and codes. I's
i k C
This permitshall be displayed in a location clearly.visible from access street or road and shall bemaintained open for public inspection for the entire duration of the
work unfit the completion of the same:
The Certificate of Occupancy will not be Issued until all applicable signatures by the Building and Fire Ofidcials�4 provided on dais.permit.
_ HIC#; "Persons contracting with unregistered contractors do not have access to the guaranty(fund'(asset forth In MGL c.142A). - -
Restrictions: '
Building plans are to be available onsite. i
All Permit Cards are the property of the PROPERTY OWNER.
w Commonwealth of Massachusetts : , •.L
- s City of Salem `"
- - 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5841
Return card to Building Division for Certificate of Occupancy,
Structure CITY OF,SALEM BUILDING PERMIT_ "
PERMIT TO BE POSTED IN THE WINDOW
Excavation � �, 5 " y,.
(Footing. - -. INSPECTION RECORD
f Foundation t
F
IFraming-.,Dl � �5 ry ' •, .� -
I Mechanical IF
�Insulation _ INSPECTION: P BY DATE
Chimney/Smoke Chamber
Final ..y®•/ ..,,„ �: t.
Plumbing/Gas + r
'..y,•
LRoughi Plumbing
Rough:Ga's
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Certificate Number: B-16-1246 Permit Number: B-16-1246
Commonwealth of Massachusetts
City of Salem
This is to Certify that the ..... ....................................................Multifamily 3+ Building..................................................... located at
Building Type
.....................................................................161 FEDERAL STREET...................................................................... in the .....................................City_—Salem
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY
4 unit dwelling
This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and
expires ......................:........Not Applicable................_............. unless sooner suspended or revoked.
Expiration Date
Issued On: Wednesday, October 11, 2017
Commonwealth of Massachusetts
i
a Citv of Salem 19
a
t 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 25641
Return card to Building Division for Certificate of Occupancy ki
Permit No. B-16-1246 PERMIT TO BUILD
FEE PAID: $8,800.00
DATE ISSUED: 10/27/2016
This certifies that 161 FEDERAL STREET, LLC
has permission to erect, alter, or demolish a building 161 FEDERAL STREET Map/Lot: 250112-0
as follows: Other Building Permit CONVERSION OF A RECTORY INTO FOUR (4) APARTMENTS. (See B-
16-816 demo permit). FINISH EXTERIOR DEMO & COMPLETE INTERIOR RENOVATIONS. (See
attached plans). PER ZBA APPROVAL
Contractor Name: DAN BOTWINIK
DBA: COUGER CAPITAL II LLC
Contractor License No: CS-101737
10/27/2016
Building Official Date
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official
may grant one or more extensions not to exceed six months each upon written request.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the
work until the completion of the same.
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
HIC#: "Persons contracting with unregistered contractors do not have access to the guarantyfund"(as set forth in MGL c.142A).
Restrictions:
Building plans are to be available on site.
All Permit Cards are the property of the PROPERTY OWNER.
Commonwealth of Massachusetts 1OLN
City of Salem
a F 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641
Return card to Building Division for Certificate of Occupancy
l Structure CITY OF SALEM BUILDING PERMIT "
�] PERMIT TO BE POSTED IN THE WINDOW t
Excavation '
Footing INSPECTION RECORD
Foundation
Framing Ok 7 /' u
Mechanical
nsulation ,zhd }/,� F Q,� INSPECTION: BY DATE
Chimney/Smoke Ch mberj
Fina '/19 7 �hL,? °lp "°l'f 37` GInLC �C' 4t
1� Plumbing/Gas
Rough:Plumbing 6A 3
Rough:Gas
46(
Final
UElectrical
Service(j
Rough oo
Final /���G
ire artment 3 -2d ��7 /I °
relimi y`�' X�
Final
Health Department
Preliminary
Final
Commonwealth of Massachusetts
/ City of Salem
9
120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 `
Return card to Building Division for Certificate of Occupancy
Structure CITY OF SALEM BUILDING PERMIT
PERMIT TO BE POSTED IN THE WINDOW t
Excavation
Footing INSPECTION RECORD
Foundation 11-4
Framing
Mechanical
Insulation INSPECTION: BY DATE
Chimney/Smoke Chamber .
Fit/. joJ J' 4
+/F* Plumbing/Gas
Rough:Plumbing
Rough:Gas
Final
Electrical
Service
Rough
Final
Fire Department � rr-
Preliminary
Final
I
Health Department
Preliminary `
Final
Commo-hwealth of Massachusetts -
�` 'City of Salem lug
3m �.
120 Washington St,3rd Floor Salem,MA 01970(878)745-9595 x5641
Return card to Building Division for Certificate of Occupancy
Permit No. B-16-816 PERMIT TO BUILD
FEE PAID: $25.00
DATE ISSUED: 7/26/2016
This certifies that 161 FEDERAL STREET, LLC
has permission to erect, alter, or demolish a building 161 FEDERAL STREET Map/Lot: 250112-0
as follows: Other Building Permit INTERIOR DEMOLITION ONLY. APPLICATION FOR THE
CONSTRUCTION OF FOUR (4) APTS. TO BE FILED SOON.
Contractor Name: DAN BOTWINIK
DBA: GOUGER CAPITAL II LLC
Contractor License No: CS-101737
7/26/2016
Building Official Date
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official
may grant one or more extensions not to exceed six months each upon written request.
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the
work until the completion of the same.
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
HIC#: "Persons contracting with unregistered contractors do not have access to the guarantyfund"(as set forth in MGL c.142A).
Restrictions:
Building plans are to be available on site.
All Permit Cards are the property of the PROPERTY OWNER.
t
GRIFFIN PLACE CONDOMINIUM
EXHIBIT A
LEGAL DESCRIPTION
The land in Salem, Essex County, Massachusetts, together with the huildings thcroom bounded and
Jescnbed as follows:
NORTHWESTERLY: by FcdaW Street,ten and nine tenths(10.4)feet;
NORTHEASTERLY: by Lot B on plan of laud hereinafter referred to,fifty-six and seventy-two
hundredths(56.72)feet;
NORTHERLY: by Lot B.twenty-one and forty-onc bundteilths,(21 A 1)feet:
NORTIIWESTFRLY: by said Lot B,fourkcn and thirty-two hundredths(14,32)feet,
NORTHEASTERLY; by land formerly of Gray,sixty-three and seventy-five hundredths(63.7$)
feet,
SOUTHEASTERLY:. by land forricily of Sheridan sixty-six and fourteen hundredths (66.14)
feet;
SOUTHWESTERLY: by land formerly of Saunders,fifty-six(56)fed;
NORTHWESTERLY: on two courses by LM A on said plan,fifteen and eighty-ono hundredths
(15.81)feet and seven andfive hundredths(7.05)feet;and
SOUTHWESTERLY: by said Lot A;sixty-nine and tight tenths(69.8)feet.
Being Lot C and tight of way on Plan of Land in Salem, Mass. Recorded with the Essex Southern
District Registry of Deeds in Book of Plans 45,Plan 29A.
Said Lot is subject to the rights of the owners of Lots A and B on said Plan to use the section of said Lot
C labeled Right of Way as described of record.
Said Lot is also subject to and the beneficiary of a reciprocal easement with 161 Federal Street as show
on said Site Plan and recorded herewith.
T'6r -}elle sek dj0A rturdtA lvt BIC 34(nO3, .P45151 .
19
MD
Best,
Ian Hislop
Acquisitions&Development
Cougar Capital Management
lanict,)cougarcapitalm.com 1802.745.9585 -
www.cougarcal)italmanagement.com
On Oct 6, 2017, at 10:50 AM, Ian Hislop<ian@cougarcapitalm.com>wrote:
2
J►
Stephen Cummings
From: Ian Hislop <ian@cougarcapitalm.com>
Sent: Tuesday, October 10, 2017 3:10 PM
To: Stephen Cummings
Cc: Juan@cougarcapitalm.com
Subject: Re: 161 Federal Railing Photos
Steve,
Attached is a page from 2 Griffin Place Master Deed.At the bottom it states 161 Federal St. has an easement based on
the site plan.
Please let me know if you have any questions.As discussed I will wait for your call first thing tomorrow morning
regarding the fence.
t
http://www.satemdeeds.com/salemdeeds/ImageDetail.aspx?stype—rec...
L Return to Start:
`j�� LGo to Book/Png� 1
1 J Bk.34607 Pg 559 - � ® lu
tmCurrent:r.evta.s Curren ���lll
Sao
1304607 Pg.559
Pages to be printed: IIII�III®I�IIIIIIIIIIIII
Zoom In 90.E%E%ao,.DuoP P:55q
QUITCLAIM DEED Qadrnns ozarw�EE�PoAa
nerwsea
1,Flareoce Morons, be lue"n as Florence 1.Moron,an unmarried
person,of 2
Griffin Place,Sol.,Essex County,Masswinuorts,
Zoom Out for wnaidemtion paid and in full consideration of four Hundred Thousand and WI00
DDUM(5400,000.00)
Ooxnbetl/Rat
document ? C grantee,ntwoodng Coun Aparunehta LLC,whose principal place of business
C Is 29 Kenwood Ave..Wilmingron,Maaaachuutts,
wwnwd/Rae with QUITCLAIM COVENANTS, bs.�i>,w:gw mteaim�ga
m page
mrnbeN s The land in Salem,Essex County,Massachusens,together with the buildings thereon,
7 bounded and described as follows;
sehteE popes -.
6 TIF 0PDF m NORTHWESTERLY: by Federal Street,ten and nine tenths(10.9)feet;,
N'
-.(. NORTHEASTERLY: by Lot D on o hundredths
re WM 56.72)leer referred m,fifty-six end
xvrnty-own hundreddu(56.72)fed;
Doc date:l 2/21/2015 add Add Delete n v NORTHERLY: by Lot B,twenty-one and furry hundredths,(21.41)feet;
n
Page Doctent Pege 'K
(2) u NORTHWESTERLY: by sdd Lot R;founeen and thirty-two hundredths(14.12)feet;
Grantors: n1 NORTHEASTERLY: by WM fomte ly of Gray,sixty-those end seventy-five
MORONG FLORENCE d hundredths(63.75)led;
MORONG FLORENCE 1 (, SOUTHEASTERLY: by land formerly of Sheridan sixty-six and foureen hundreddu
MCCORMICK JAMES E ATY (66.14)tees;
S
4. SOUTHWESTERLY: by land fotmerly of Saunders,ftflyaix(56)fceS
Grantees: - NORTHWESTERLY: on two coupes by Lot A on said plan,fifteen and eighty-one
PICKERING COURT APARTMENTS LLC )v- hundredths(15.61)feet and Seven and&r hundredths(7.05)
fee;and
--.
SOUTHWESTERLY: by mid Lot A,sixty-nine and eight Sandia(69.6)feet.
Being let C and right of way on Plan of Land in Salcm,Massrecorded with the Essex
Southern District Registry of Deeds in Bank of Plans 45,Plan 29A.
Grantors/Grantees Abstract
References
1 of 1 10/11/2017,8:44 AM
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHBVGTON STREET♦ SALEM,MASSACHUSE 9 0 P '• 00
KIMBERLEYDR1scoLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE N
MAYOR CITY CLERK, SALEM, MASS.
November 30, 2016
Amended Decision
City of Salem Board of Appeals
Petition of 161 FEDERAL STREET LLC, seeking an amendment to an existing Zoning Board of
Appeal decision dated September 2, 2015 to construct an additional four (4) parking spaces at the
rear of the property of 161 FEDERAL STREET (Map 25 Lot 112)(R2 Zoning District).
A public hearing on the above amendment to a previously approved petition was opened November 16, 2016
pursuant to M.G.L Ch. 40A, § 11. The public hearing was continued at the request of the applicant to August
19, 2015 and closed on this date with the following Salem Board of Appeals members present: Rebecca
Curran (Chau), Peter A. Copelas (Vice-Chair), Tom Watkins, Paul Viccica (alternate), James Hacker
(alternate).
The Petitioner seeks an amendment to a previously approved decision dated September 2,2015, to amend the
previously approved plot plan in order to construct an additional four (4) parking spaces at the rear of the
property.
Statements of Fact:
1. Attorney Grover presents the proposed amendment to the decision.
2. In the petition date-stamped October 25,2016 the Petitioner requested an amendment to a previous
Zoning Board of Appeal decision to reflect the new parking plan titled, "Plot Plan of Land 161
Federal Street, Salem prepared for Dan Botwinik", dated September 29,2016.
3. The property served as a rectory for St.James church and is located in an R2 Zoning District.
4. The petitioner is proposing to construct an additional four (4) parking spaces for a total of ten (10)
parking spaces at the rear of the property.
5. The original site plan approved by the October 25, 2016 decisions for 161 Federal Street, provided six
(6)parking spaced required by the Ordinance to serve the four(4) approved residential units at the
property. As amended, the site plan for 161 Federal Street will provide an additional four(4) parking
spaces to serve the existing three (3) residential units at the Griffin Place property.
6. The owner of 161 Federal Street has recently acquired an ownership interest in the adjacent property
at 2 Griffin Place and proposed to allow access to the rear of 161 Federal Street over 2 Griffin Place
via the private Right-Of-Way"Griffin Place"in exchange for providing parking to serve the Griffin
Place property in the rear yard of 161 Federal Street. This permits eliminating access through a narrow
driveway at 161 Federal Street.
City of Salem Board of Appeals
November 30,2016
Project: 161 Federal Street
Page 2 of 3
7. A reciprocal easement will be granted to allow for access and parking by both parties.
8. The petitioner testified that a major benefit of the proposed amendment is to allow much easier
access to the parking area at the rear of 161 Federal Street. Originally, the Board approved a Variance
for a driveway to be less that the required twelve (12D feet wide to serve the property. The proposed
amendment to the plot plan now provides an easier way to access the parking behind 161 Federal
Street.
9. The property at 2 Griffin Place is a three-family dwelling unit with no legal parking spaces. Currently,
residents informally park in front of the building. The petitioner is proposing to formalize parking for
2 Griffin Place by providing four (4) parking spaces.The property at 2 Griffin Place is not required to
have any parking as there is no change of the number of units and there are currently no formal
parking spaces at the property.
10. The petitioner is proposing to provide four (4) parking spaces at 161 Federal Street to serve the three
(3) residential units at 2 Griffin Place. The parking at 161 Federal Street is specifically to allow for the
preservation of an existing large tree at the rear left corner of the 161 Federal Street property.
11. The petitioner requests that the plot plan that was originally approved as part of the September 2,
2015 decision be amended.
12. The maintenance of Griffin Way will continue to be done by the owner or their assigns as the Right-
Of-Way is privately owned.
13. At the public hearings three (3) members of the public spoke in favor and one (1) spoke opposition
to,the proposed amendment.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony,makes the following findings:
The Board finds that the modified access to allow passage over Griffin Place for access at 161 Federal
Street and the request for four (4) additional parking spaces is not more detrimental than the
previously approved plan.
City of Salem Board of Appeals
November 30,2016
Project: 161 Federal Street
Page 3 of 3
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted with five (5) in
favor, (Rebecca Curran (Chair), Peter A. Copelas (Vice-Chau), Tom Watkins, Paul Viccica (alternate),James
Hacker (alternate)) and none (0) opposed subject to allow four (4) additional parking spaces amending an
original site plan associated with the September 2, 2015 Decision to the new site plan dated September 29,
2016, subject to the following terms,conditions and safeguards:
All conditions set forth in the original decision dated September 2,2015 shall remain and be adhered
to by the applicant, unless explicitly eliminated or amended in this decision.
Special Conditions:
1. The petitioner shall attach a solid fence to the existing chain link fence across the rear of 161 Federal
Street and along a portion between 161 Federal and 2 Griffin Place such that headlights will not shine
on neighboring properties and snow will not be pushed across rear property lines.
2. A reciprocal easement to allow access to the rear of 161 Federal Street via Griffin Way shall be in
place before a Certificate of Occupancy is obtained.
Rebecca Curran,Chau
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this deemon, if any, shall be made pursuant to Section 17 of the Massachusetts Generall aws Chapter 40A,and shall be filed within 20
days of fsk'ng of this decision in the office of the City Ckrk. Pursuant to the Massachusetts General Lams Chapter 40A,Section 11, the Vaeiance or
Special Pemritgranted benin shall not take effect until a copy of the decision bearing the certifscate of the Cil*Ckrk bar been filed with the Essex South
Registry of Deeds.
CITY OF SALEM MASSACHUSETTS
� ! BOARD OF APPEAL
\MtNB� 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846
MAYOR
�, Py
O
September 2, 2015
>� rn
Decisions a
City of Salem Board of Appeals �� N
rn -�
3
Petition of 161 FEDERAL STREET LLC, seeking a Special Permit per Sec. g3.2 IPOnconforming
Uses of the Salem Zoning Ordinance to change from one nonconformog ug to another
nonconforming use to allow four (4) residential dwelling units. The applicant is also seeking
Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per
dwelling unit and maximum height to allow a new dormer to slightly exceed the thirty-five (351)
height limit. The applicant is also seeking Variances per Sec. 5.1.2 Location of Parking to allow two
(2) of the required parking to be located off-site and Sec. 5.1.5 Design to allow the one-way use
driveway to be less than the required twelve (12) feet wide at the property of 161 FEDERAL
STREET (Map 25 Lot 112)(112 Zoning District).
A public hearing on the above Petition was opened July 15, 2015 pursuant to M.G.L Ch. 40A, � 11. The
public hearing was continued at the request of the applicant to August 19, 2015 and closed on this date with
the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chau), Jimmy Tsitsmos,
Mike Duffy,Tom Watkins,James Hacker (alternate).
The Petitioner seeks a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to
change from one nonconforming use to another nonconforming use to allow four (4) residential dwelling
units. The applicant is also seeking Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from
minimum lot area per dwelling unit and maximum height to allow a new dormer to slightly exceed the thirty-
five (35') height limit. The applicant is also seeking Variances per Sec. 5.1.2 Location of Parking to allow two (2)
of the required parking to be located off-site and Sec. 5.1.5 Design to allow the one-way use driveway to be
less than the required twelve (12) feet wide.
Statements of Fact:
1. Attorney Grover presents the petition.
2. In the petition date-stamped June 23, 2015, the petitioner requests Special Permit per Sec. 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance to change from one nonconforming use to another
nonconforming use to allow four (4) residential dwelling units.The applicant is also seeking Variances
per Sec. 4.1.1 Table of Dimensional Requirements for relief from minimum lot area per dwelling unit and
maximum height to allow a new dormer to slightly exceed the thirty-five (35') height limit. The
applicant is also seeking Variances per Sec. 5.1.2 Location of Parking to allow two (2) of the required
parking to be located off-site and Sec. 5.1.5 Design to allow the one-way use driveway to be less than
the required twelve (12) feet wide.
City of Salem Board of Appeals
September 2,2015
Project: 161 Federal Street
Page 2 of 4
3. The property served as a rectory for St.James church and is located in an R2 Zoning District.
4. The parcel is approximately 7,500 square feet of land with a three-story historic structure that is
approximately 7,000 square feet of improved living area plus a basement and attic.
5. The petitioner proposes to convert the building from one non-conforming use of the rectory building
to another nonconforming use to four (4) large residential dwelling units that range in size from 1,825
square feet to 2,900 square feet.
6. There is a permanent easement associated with 161 Federal Street for the use of six (6) parking spaces
in the St.James Church parking lot across the street.
7. The petitioner originally requested a variance per Sec. 5.1.2 Location of Parking to allow two (2) of the
required parking to be located off-site at the St.James Church property and withdrew this request.
The petitioner proposes to locate all six (6) required parking spaces on the property to serve the
residential dwelling units and another six (6) parking spaces in the St.James Church parking lot across
the street.
8. The petitioner proposed to construct a new dormer that slightly exceeded the total building height
limit of 35' feet. After consideration, the petitioner withdrew this request for a variance for relief
maximum height to allow a new dormer to slightly exceed the thirty-five (35') height limit and will not
construct a dormer.
9. The petitioner also requests a variance per Sec. 5.1.5 Design to allow the one-way use driveway to be
less than the required twelve (12) feet wide. The petitioner plans to work with the abutter to place
bollards or protective barrier between the property and driveway where the driveway significantly
narrows.
10. The requested relief,if granted,would allow the Petitioner to change from one nonconforming use to
another nonconforming use to allow four (4) residential dwelling units and to allow the one-way use
driveway to be less than the required twelve (12) feet wide.
11. At the public hearings eight (8) members of the public spoke in favor and four (4) spoke opposition
to,the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony,makes the following findings:
Findings for Special Permit:
The proposed use of a four (4) residential dwelling unit is not substantially more detrimental than the existing
nonconforming use to the neighborhood. The building is not suitable for anything besides a multi-family
dwelling unit as it would not be economically feasible to undertake the restoration of this scale as a single-
family or two-family home.
City of Salem Board of Appeals
September 2,2015
Project: 161 Federal Street
Page 3 of 4
Findings for Variances:
1) Special conditions and circumstances that especially affect the land,building,or structure involved
generally not affecting other lands, buildings or structures in the same district is that the building was
used as a rectory and is over 7,000 square feet.
2) Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant as without the relief the applicant could not provide on-site parking spaces that meet the
requirements of the Zoning Ordinance.
3) 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.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted with five (5) in
favor (Peter A. Copelas (Vice-Chair), Jimmy Tsitsinos, Mike Duffy, Tom Watkins and James Hacker
(alternate) and none (0) opposed to grant a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem
Zoning Ordinance to change from one nonconforming use to another nonconforming use to allow four (4)
residential dwelling units and Variances per Sec. 4.1.1 Table of Dimensional Requirements for relief from
minimum lot area per dwelling unit and Sec. 5.1.5 Design to allow the one-way use driveway to be less than the
required twelve (12) feet wide subject to the following terms, conditions and safeguards:
Standard Conditions:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
Special Conditions:
1. The petitioner agrees to convert the property to a condominium no later than the expiration of the
five (5) year holding period for the historic tax credits associated with the property and to market the
units for sale, provided that the petitioner has the discretion to reasonably adjust the timing of the sale
of units in the event market conditions are not reasonably favorable at the expiration of 60 months,
provided however the said sale should occur within a reasonable period thereafter.
City of Salem Board of Appeals
September 2,2015
Project: 161 Federal Street
Page 4 of 4
2. The petitioner acknowledges that the four (4) approved units may not be further subdivided to create
any additional units, and that at no time shall there be more than four (4) units at said property.
3. The petitioner shall provide six (6) off-street parking spaces on the premises,plus whatever additional
spaces are provided by a formal easement between the petitioner and the Archdiocese of Boston
behind the current St.James Church.
4. The petitioner shall remove the brick planter and shrubs at the front of the building and restore the
brick sidewalk up to the foundation.
5. The petitioner shall replace the window that has been boarded up on the second floor of the western
wall,and should attach matching shutters.
6. All work shall be done in compliance with the plans and elevations submitted to the ZBA.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision,if any, .shall be made pursuant to Section 17 of the Massachusetts General Luwr Chapter 40A, and shall be filed within 20
days of fih'ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General rows Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the deasion hearing the certificate of the City Clerk bar been filed with the Essex South
Registry of Deeds.
Ciry of Salem Department of Plannin
Check/Cash 9 a Community Development
Receipt and Trac
Please com Form
p/ete form ano,make two co
Date Received
Amount Received Jv.
Form of Pa T J
yment o 1S
Client lnfOrmation
❑ Check
CASH PAYMENTS: client initials
❑ Sign Permit Application Fee
❑Conservation Commission Fee
Payment received for what
service? ❑ Planning Board Fee/ZBA
❑ SRA/DRB Fee
❑ Old Town Hall Rental Fee
Name of staff ❑ Other:
Person receiving
PaYment
Additional Notes
Place Check Here When Photocopying Form
Original Check and Form: DPCD Finance
COPY 1: Client
Copy=Application File
.GOND
Salem Historical Commission
120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970
(978)619-5685 FAX(978)740-0404
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction ❑ Moving
❑ Reconstruction O 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: 161 Federal Street
Name of Record Owner: Dan Botwinik, 161 Federal Street, LLC
Description of Work Proposed:
Replacement of two (2) existing skylights with new skylights of the same size and location. Two (2) additional
skylights also to be installed. All work to be as shown in the revised drawings dated 8/18/15.
Dated: August 26, 2015 SALEM HISTORICAL 'CO//MMISSION
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.
o r
M.
Salem Historical Commission
120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970
(978)619-5685 FAX(978)740-0404
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction ❑ Moving
x1 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: 161 Federal Street
Name of Record Owner: Dan Botwinik/ 161 Federal Street LLC
Description of Work Proposed:
Removal of the bulkhead. Clapboards will be replaced along the exterior wall with materials to match the
existing clapboards.
Removal of three modern casement windows on the east elevation. Windows will be replaced with two windows
to match the existing historic windows. The trim, surround and shutters will also match the existing historic
windows.
Discussion of the dormer and skylights was continued to the June 3, 2015 meeting.
Dated: May 21, 2015 SALEM HISTORICAL COMMISSION
The homeowner has the option not to commence the work (un ess 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
i
Salem Historical Commission
ONE SALEM GREEN,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 12� 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: 16Q Federal Street
Name of Record Owner: Archdiocese of Boston
Description of Work Proposed:
Repainting of rectory in existing colors. No changes in color, material, design or outward appearance. Non-
applicable due to being in kind maintenance.
Dated: June 7, 2001 SALEM HISTORICAL OMMISSION
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.
3� 7
Cttp of �afem, Aa��arbugettq
ti. rR Vublit 3propertp Mepartment
�3uilbing Mepartment
One apalem &rren
(978) 745-9595 text. 3S0
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
APRIL 3 , 1998
ROMAN CATHOLIC ARCHBISHOP
ST . JAMES PARISH
161 FEDERAL STREET
SALEM , MA 01970
RE : ST . JAMES SCHOOL
DEAR FATHER JOHN F . LEONARD :
THIS OFFICE RECEIVED A COMPLAINT CONCERNING THE STATIS AND
CONDITIONS OF THE FIVE BRICK VENTS STACKS , LOCATED AT THE
ROOF LEVEL OF THE FORMER ST . JAMES HIGH SCHOOL.
ON MARCH 26TH, 1998 I CONDUCTED A VISUAL INSPECTION FROM
GROUND LEVEL AND REVIEWED THE FILES IN MY OFFICE , WHICH
INDICATED THAT THE BRICK VENT STACKS WERE TEMPORALLY
WRAPPED WITH BOARDS ON THE CORNERS , AND CABLES WRAPPED
.AROUND THE EXTERIOR OF THE BRICK STACKS TO PREVENT FURTHER
MOVEMENT AND TO STABOLIZE THE STRUCTURES . THIS WORK WAS
COMPLETED APPROXIMATELY ELEVEN ( 11 ) YEARS AGO AS A
TEMPARARY CONDITION, I WOULD IMAGINE .
AS OF MY MARCH 26TH, 1998 INSPECTION, I AM CONSIDERING THE
FIVE VENT BRICK STACKS TO BE UNSAFE AND FEEL THEY CAUSE AN
UNDUE SAFETY HAZARD TO THE GENERAL PUBLIC AND MOST
IMPORTANTLY TO THE OCCUPANTS OF THE SCHOOL.
I AM REQUESTING THAT THE BRICK VENT STACKS BE REMOVED AS
SOON AS POSSIBLE , OR THAT I RECEIVE A LETTER FROM A
STRUCTUAL ENGINEER STATING THAT THE BRICK VENT STACKS ARE
STRUCTURAL SOUND .
(fite of o'*alem, '41A$.5aLbU!5Ett!5
3public 3propertp Department
' prn s 3Builbing Mepartment
One Salem Oreen
(97S) 745-9595 Est. 360
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
THANK YOU IN ADVANCE FOR YOUR ANTICIPATED COOPERATION IN
THIS MATTER .
SINCEREL /^
LEO E . TREMBLAY
BUILDING COMMISSIONER
CC : MAYOR USOVICZ
JANE GUY , HISTORIC DEPARTMENT
REGINA FLYNN, WARD II COUNCILOR
• r + 1
Cite of *alem, f a!5garbu!6ettE;
t, ,F Vublic Vropertp ;Department
38ui1bing Mepartment
One batem Oreen
(978)745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
April 28, 1998
Mayor Stanley Usovicz
City of Salem
93 Washington Street
Salem, Mass . 01970
RE : Federal St . School
Dear Mayor Usovicz :
On April 28 , 1998 at approximately 8 : 05 a .m. , I
received a call from Paul L'Heureux the Director of
Building Services for our schools , concerning a board that
had come loose and fallen from the brick roof vents at the
Federal Street School . He informed me that he contacted a
contractor and had a lift on the job site so as to
re-secure any further loose items at the roof vents and
felt I should inspect said brick vents while the lift was
on site .
At approximately 9 : 15 a .m. I met with Mr . L ' Heaureux,
Mr . Collins of the Engineering Department and Mr . Plant of
Boston Chimney at the job site . At which time I climbed
aboard the lift and conducted an inspection of all roof
top brick vents .
It is my finding that all of the brick vents are
unsafe and should be removed as soon as possible . But my
greater concern of the moment are the two brick vents
located nearest the Federal St . School front entrance at
the right hand side facing the building should be removed
immediately to a safe height. Speaking to the contractor
on site he estimated that this could be done in
approximately four (4 ) days, I recommended this be done
immediately.
The remainder of the roof brick vents should also be
removed as soon as the school year is completed. I do
feel that the work being done on the existing cables will
secure the brick vents temporarily until the school
closing.
Article 121 . 3 of Chapter #1 of the Massachusetts
State Building Code, (Removal or making structure safe)
( Copy enclosed ) . Also enclosed is a copy of the City of
Salem Ordinance covering demolition delay.
All safety precautions are being implemented to
assure the complete safety of the public and students .
Sincerely,
Leo E . Tremblay
Inspector of Bu ' dings
LET: scm
cc : Dr . L . Callahan, Superintendent of Schools
Dr . J . Sullivan, Principal , Federal St . School
Mrs . P . Field, Bus . Manager
Paul L'Heureux
Jane Guy
Stanley Bornstein
Rev . John F . Leonard, St . James Church
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
If it appears that such building or structure would be case of such demolition, the said building official
especially unsafe in case of fire, it shall be deemed shall cause such lot to be leveled to conform with
dangerous within the meaning hereof, and the adjacent grades by a inorganic fill. The costs and
building official may affix in a conspicuous place charges incurred shall constitute a Gen upon the land
upon its exterior walls a notice of its dangerous upon which the structure is located, and shall be
condition, which shall not be removed or defaced enforced in an action of contract; and such owner
without authority from him. shall,for every day's continuance of such refusal or
neglect after being so notified,be punished by a fine
121.3 Removal or making structure safe: Any in accordance with 780 CMR 118.4. The provisions
person so notified shall be allowed until 12:00 noon of M.G.L. c. 139, § 3A, paragraph two, relative to
of the day following the service of the notice in liens for such debt and the collection of claims for
which to begin to remove such building or structure such debt shall apply to any debt referred to in this
or make it safe, or to make it secure, and he shall section, except that the said building official shall
employ sufficient labor speedily to make it safe or act hereunder in place of the mayor or board of
remove it or to make it secure; but if the public selectmen. During the time such order is in effect,
safety so requires and if the mavor or selectmen so it shall be unlawful to use or occupy such structure
order, the building official may immediately enter or any portion thereof for any purpose.
upon the premises with the necessary workmen and
assistants and cause such unsafe structure to be made 121.6 Remedy of person ordered to remove a
safe or demolished without delay and a proper fence dangerous structure or make it safe:
put up for the protection of passersby,or to be made Notwithstanding the provisions of 780 CMR 122, an
secure. owner, aggrieved by such order may have the
remedy prescribed by M.G.L. c. 139, §2:provided
121.4 Failure to remove or make structure safe, that any provision of M.G.L. c. 139, §2 shall not be
survey board,survey report: If an owner of such construed so as to hinder, delay or prevent the
unsafe structure refuses or neglects to comply with building official from acting and proceeding under
the requirements of such notice within the specified 780 CMR 121; and provided, further, that this
time limit, and such structure is not made safe or section shall not prevent the city or town from
taken down as ordered therein, a careful survey of recovering the forfeiture provided in said 780 CMR
the premises shall be made by a board consisting;in 121.5 from the date of the service of the original •
a city, of a city engineer, the head of the fire notice,unless the order is annulled by the jury.
department, as such term is defined in M.G.L.
c. 148, § 1, and one disinterested person to be 780 CNR 122.0 BOARD OF APPEAIS
appointed by the building official;and,in a town of 122.1 State Building Code Appeals Board:
a surveyor,the head of the fire department and one Except for actions taken pursuant to 780 CNIR
disinterested person to be appointed by the building 121.0, whoever is aggrieved by an interpretation,
official. In the absence of any of the above officers order, requirement, direction or failure to act under
or individuals, the mayor or selectmen shall 780 CMR by any agency or official of the city,town
designate one or more officers or other suitable or region, or agency or official of the State charged
persons in place of the officers so named as with the administration or enforcement of 780 CMR
members of said board. A written report of such or any of its rules or regulations, excepting any
survey shall be made, and a copy thereof served on specialized codes, may appeal directly to the State
such owner. Building Code Appeals Board as provided in
780 CMR 122.0.
121.5 Removal of dangerous or abandoned Whoever is aggrieved by an interpretation,order,
structures: If such survey report as outlined in requirement, direction or failure to act under
780 CMR 121.4 declares such structure to be 780 CMR by any agency or official of a city, town
dangerous or to be unused, uninhabited or or region charged with the administration or
abandoned, and open to the weather, and if the enforcement of 780 CMR,excepting any specialized
owner continues such refusal or neglect,the building codes may appeal directly to the State Building
official shall cause it to be made safe or taken down Code Appeals Board or may appeal first to a local or
or to be made secure; and, if the public safety so regional building code appeals board and if
requires,said building official may at once enter the aggrieved thereby he may then appeal to the State
structure,the land on which it stands or the abutting Building Code Appeals Board as provided in
land or buildings, with such assistance as he may 780 CMR 122.0.
require, and secure the same; and may remove and In the event an appeal is taken directly to the State
evict, under the pertinent provisions of M.G.L. Building Code Appeals Board from an
c.239,or otherwise.any tenant or occupant thereof, interpretation, order, requirement or direction, said is
may erect such protection for the public by appeal shall be filed as specified in 780 CMR
proper fence or otherwise as may be necessary,and 122.3.1 with the State Building Code Appeals Board
for this purpose may close a public highway. In the not later than 45 days after the service of notice
28 780 CMR-Sixth Edition 2/7/97 (Effective 2128/97)
Lti13 III ���PIIt
In the dear one thousand nine hundred and eighty-six
\n (�r�inanrr establishing a review process on applications for
demolition permits for certain buildings
Be it ordained by the City Council of the City of Salem, as follows:
c��rTinn_1. Part II , Chapter 2 , Article XV, Division 2, Section 2-391-
�uemoi' :Ibn Delay) of the Code of Ordinances is hereby enacted as follows :
"The Director of Public Property =hall receive apr'_icaticns for
dem.elit _en of buildings or structures_ , and, in accordance with
-cpiicable laws or regulations , issue permits for der.,olicion of
buildings subject to the following restrictions :
(a ) No permit for demolition of an existing building or structure
which is listed or eligible for listing on the National
Register of Historic Places , or which is located in an
established Historic District, created pursuant to this Code
. of Ordinances , or which is fifty ( 50) or more years old, shall
be granted unless it is first submitted to the Historical
Cor,Tission for review and comment.
(b) Upon submission to the Historical Commission, the Commission,
within 30 days of such submission, shall issue a preliminary
recommendation regarding the granting of a demolition perr„ic.
if the Commission issues a recommendation in favor of the
granting of such a permit , a demolition permit shall be
issued. If the Commission issues a recommendation in
ocoosicion cc the granting of such a perr..it for demolition, no
permit shall be issued until a more thorough investigation is
undertaken and a final written recommendation is provided by
the Commission. Such investigation and recd-=.anda:icn shall
be completed within 180 days of the original submission to the
historical Commission.
(c) During said maximum one hundred—eighty (180) day period, the
Historical Commission shall meet with the property owner and
conduct such hearings or investigation as it may determine to
be necessary in the formulation of its written recommendation
regarding the granting of such permit. The Historical
Commission shall consider the following criteria in its
deliberations :
( 1 ) The building or structure is of such interest or quality
that it would reasonably meet National , State or local
criteria for designation as an historic or architectural
landmark.
(2) The building or structure is of such unusual or uncommon
design, texture, or materials chat it could not be
reDrdduced or be reproduced only with great difficulty
and expense .
3 The building or structure is of such architectural or
historic interest chat its removal would be to the
detriment of the public interest .
(4) Retention of the building or structure would help
preserve and protect an historic place or area of
historic interest in the city.
(d) The Historical Commission shall , within said one hundred-
eighty ( 180) day period, issue a written recommendation to the
Director of Public Property and to the property owner ,
regarding the granting of the permit for demolition. • If no
such recommendation is issued within said period, the
Historical Commission shall be deemed to have recommended the
granting of said permit .
(a) in the case of a residential garage or storage shed (buc
excluding carriage houses as defined in the Zoning Ordinance ,
Section Ii . B. ) , the Director shall forward an application for
demolition of such a structure to the City Planner and a
reoresencative of the Historical Commission. within fifteen
( 15) days of the receipt of such a request , the Director, the
City Planner, and the Historical Commission representative .
shall make a determination of the historical or architectural
significance of the garage or shed. If the structure is
deemed significant by a majority of these three (3)
individuals , the application shall be forwarded to the full
Historical Commission for review as outlined above . If the
structure is deemed to possess no historic or architectural
significance by a majority of these three (3 ) individuals , or.
if no action is taken within the fifteen ( 15) day period, then
a demolition permit shall be issued. -
ft)a; Moching in this Ordinance shall supercede the regulacionsof
L State Building Code 780 CMR, Sections 123.0 and 124.0
1egarding_Unsafe_Structures and Emergency Measures .f - J
— -
4 J�
Secc :on 2 . Parc II , Chapter 19, Article IV, Section 19-65 of the Code
of Ordinances is hereby amended by adding the following:
(h) To review and comment on any application for a demolition
permit for any building or structure in the city which is
listed or eligible for listing on the [rational Register of
Historic Places , or which is located in an established
Historic District created pursuant to this Code of
Ordinances , or which is fifty (50) or more years old.
SO; tiCn 3 . This Ordinance shall take effect as provided by City
Charter.
in Ci ,7 Council Marc.` 27, 1986
Adopter for first passage
In City Council Aoril '10, 1986
A7,ienc7p_nt defeated
Tabled by roll call vote of 7 yeas, 4 nays, 0 absent
In Cit_ Council April 24, 1986
Zr Lite table
�, q, CLL
Nose � Ward
APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location / 6/ Fe j e r a/ S
PERMIT GRANTED
19 93
Approved . 2
to la( i ing/nspe orV
Gua��( -4 a l- G� /<, %
�� Os
Plans must be filed and approved by the Inspector before a permit will be granted.
Nos.3 �J' City of Salem Ward
IS PROPERTY LOCATED IN THE Et ;
HISTORIC DISTRICT? Yes_No a
+. 9
IF SIDING, HAS ELECTRICAL
PERMIT BEEN OBTAINED? Yes No Home Phone #
APPLICATION Bus. Phone #
FOR
PERMIT TO OOF' EROOF OR INSTALL SIDING
Salem, Mass.,
TO THE INSPECTOR OF BUILDINGS:
The undersigned herebv applif for�ermit to build a rding to the following specifications: _
Owner's name and address _* Jt nZe coC-,4 0 r 1/
Architect's name 'l
Mechanic's name and address 1 I12�
Location of building,No. jc�I � S
What is the purpose of building?
Material of building? ut, Asbestos?
If a dwelling,for how many families^
Will the building nfonn to the requirements of the law?
Estimated cost F 4' noo. 0 a Con&vprs Lic.No.
Signature of applicant
REMARKS 67 51GNED UNDER THE
N e, t,,r 1c,0 PENALTY OF PERJURY.
// L
Gt�cww�- � Sit' @o-�- �`�"..'
i
.� � �� ��T��S_ Oma
CiF�`V
L
�CU 'UIT�
Salem historical Commission
ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970
(508)745-9595 EXT. 311
NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF
APPROPRIATENESS
RE: 1C 61 Federal Street
On Wednesday, September 1 , 1993, the Salem Historical Commission,
unanimously voted to deny, without prejudice, an application for a
Certificate of Appropriateness from the St. James Parish for the
construction of a door overhang at 161 Federal Street. The denial
was due to the applicant not providing drawings of the proposed
work in order for the Commission to make a determination.
I attest that this is an accurate record of the vote taken, not
amended or modified in any way to this date.
September 2 , 1993
Jane Guy
Clerk f the XMmission
cc: Building Inspector
City Clerk
JG\JG\DENIAL2 8
• coxorq
Salem Historical Commission
' CITY HALL. SALEM. MASS. 01970
9
•���IMM6��4
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has
determined that the proposed construction [ ] ; reconstruction [ ] ;
demolition [ ] ; moving [ ] ; alteration [x] ; painting [ ;
sign or
other appurtenant fixture [ ] work as described below in the . . .
Historic District.
McIntire
(NAME OF HISTORIC DISTRICT)
Address of Property: 161 Federal Street
Name of Record Owner: St• James Parish
DESCRIPTION OF WORK PROPOSED:
Removal of fire escape staircase from second to third floor.
will be appropriate to the preservation of said Historic District, as per
the requirements set forth in the Historic District's Act (Mass. General Law
Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the
appropriate permits from the Inspector of Buildings prior to commencing work.
Dated: August 19, 1993 SALEM HISTORICAL COMMISSION
By
C airman
� Oxon4�
Salem Historical Commission
CITY HALL. SALEM. MASS. 01970
'�JACOIMM6 fp�4Y
CERTIFICATE OF NON-APPLICABILITY
It is hereby certified that the Salem Historical Commission has
determined that the proposed construction [ ] ; reconstruction k ];
demolition [ ] ; moving [ ]; alteration [ ]; painting [x]; sign or
other appurtenant fixture [ ] work as described below in the . . .
McIntire Historic District.
(NAME OF HISTORIC DISTRICT) .
Address of Property 161 Pederai'Street
Name of Record Owner: St. James Parish
DESCRIPTION OF WORK PROPOSED:
Replacement of rooftops over two rear additions with exact replacements. No
changes in color, material, design or outward appearance.
Repainting of building in existing colors. No changes in color, material, design
or outward appearance.
Non-applicable due to being in kind repairs/maintenance/replacement.
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 (MA. Oen. Law, Ch. 40C) and the Salem Historical Commission. Please be sure
to obtain the appropriate permits from the Inspector of Buildings prior to commencing
Dated: August 19, 1993 SALEM HISTORICAL COMMISSION
By PZ,LL1
Chairman
c
C OSUIT�.
P
�eC1111\E���
Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(508)745-9595 EXT.311
NOTICE OF�DgDEN AL OF)APPLICATION FOR A CERTIFICATE OF HARDSHIP
RE: - 161 Federal Street
On Wednesday, August 18, 1993, the Salem Historical Commission
unanimously voted to deny a Certificate of Hardship from the St.
James Parish to install vinyl siding to the exterior of 161 Federal
Street. The denial was due to the such replacement being
inappropriate to the Historic District, that such approval would
cause departure from the intent and purposes of the amended
historic district act and that the cost and maintenance of painting
does not constitute a hardship under the definition.
I attest that this is an accurate record of the vote taken, not
amended or modified in any way to this date.
August 19, 1993 e,
Jane Gu
Cler of the Commission
cc: Building Inspector
City Clerk
JGWANEWENIAL27
6 ' tit 12 ! IS F P 0 M ERF - RaGE . 0O2
Sainr. Jams £1em2ntary tiehaolCOda Aavii.: of Existing Conditions
Salem, Massachusetts
The purpose of this review ie to briefly ,=,nent on the existing building with
regard to its use fcr "A-31, Assembly and "E' Educational occupancies; This
review is limited to the following codes:
A. The Maesach+aaetts State Building Cade, 5th Edition (MSBC) .
B. The Americans witb Disabilities Act Accessibility Guidelines
(AD AAC) .
1. The existing builainq is of construction type 36. This construction
type permits exterior, fire and pArty walls to be of masonry or other
noncombustible mate_'lal and t-a floors, roofs and interior framing to b
wholly or partly of waod. (AS8C 404.3) . Table 401 specifies fire
resistance rating requirementa for the varit•us componenta. These should
be viewed sp-- ifica'_ly _..v detailed ra;�uir-ementa. it should be .noted
that the. MSEC normits stair to be of the construction type of the
building. The existino building �,,airn, if nage of wood, .may he
e`mitr_,ad t •cy_. ma _n, ,f ?^a di..-„ansi.r.na tread!riser r2rn.:ire}nent, , a pre mei.
2. The existing building is four stcr.ies tall with approximately 8,650
square feet par floor for a total of 34,600 square feet. Table 501
specifies that for a type 38 bui1,Y.rg 'the following limits apply:
A. A-3 < Assembly occupaacioe; 2 stories and 30 feet in height and
8;400 sgvare feet per floor.
B. E _ Educational ^ecu? ^cies: 2 stories and 30 feet in height and
14,400 square feet per floor.
This indicates that the ex.istino building complies with the latest
.ell ts for confit--tion tvOe 33 for "c” e u ationai_occApane es
with rectard to area. -=t rhoui.'d also '?ba noted that area increases are
permitted for the addition of automatic fire suppression ?systema
(sprinklers) a€rr Oar in r assd fire department access around the
building. Tota; area increases available can raise the permitted area
limit to 3 112 times the able- 501 limit- The height limit, however,
car only i-ncrsase by one stor-- with the provision of the fire
suppression �v n. The exisrin buildina will require a _ o
use =-
it as in excess of the perm e� eight.
It should be note,; that any p�ssible addition containing A-3 assembly
occupancies (% afeteria, .y-nnasinm, multipurpose rooms) that exceeds the
permitted area limit will have to be separated from the existing.
.� building by a 2 ;hour rated fire wail.
ti 3. The eYistirr_mears of ecyg3s rrscgerenten�ra };_ecml_ieA with the
MSac. The exi4tiftq cn s.t-uc` on does not provide the required fire
separation and smoke separation= Specifically noted are the existing
classroom doors and the stair•�ay doors. Also, it should be noted that
the storage occupancies opening into the stairwells and the storage
closets in the corridors are not permitted.
4. - Generally the code raytii es the exterior %palls, shafts and stair
E ' 9'G 12 : c0 FROM EFF-F9 PAUE . 03
enclosures to bn ? hour rated cnnotruction. it should to Acted that rhe
exis� ing stairZaav ear :- cn`oiE 'ith the exception of the corridor
idethe �eciosure which 35_Rct of tyle r� vired fire ;esivtance.
This will sacraire full r=placement of the wall and doors at each floor.
Aiso the top of the stairwell will need to he extended to the roof deck
or capped at the attic floor with 2 hour fire rated construction.
5. The existing stairs themselves will require detailed review to determine
modifications rGquirej tc com_pIv with ADAAG. Ptodiftcations required
might include handrail tape, handrail heights, and ricer%tread surfaces.
xh TOTAL PAGE . 003
William Weld4%`�
Currmor
Deborah A. 11%au Ciee�J.1�bwrroa ✓tate - '� re 1310
Executive Director
(677)727-066C c_•
TO: Local Building Inspector G "Z!
Local Handicapped Commission
Independent Living Center
FROM: hitectural. Access Board
SUBJECT:
- -- -
DATE: /�
Enclosed please find the following material regarding the above
premises:
Application for Variance Decision of the Board
Notice of Hearing Correspondence
Letter of Meeting
The purpose of this memo is to advise your office of action taken or
to be taken by this Board. If you have any information which would
assist this Board in making a decision on this case you may call this
office at (617) 727-0660 or 1-800-828-7222 Voice or TDD or you
may submit comments in writing to the above address.
Thank you for your interest in this matter.
\li,l i:n•I S. Dukaki. Z 1
Urin,rnh A. Hy:ut .
1:v rmi>'r Director
.G1; ;27-U66C
APPLICATION FOR VARIANCE
1n accordance with M.C.L. , Chapter 22, Section 13A, I hereby apply for modification
of or substitution for the rules and regulations of the Architectural Access Board as
they apply to the facility described below on the grounds that literal compliance
with the Board's regulations is impracticable in my case. -
1 . State the name and address of the owner of the building/facility: Roman
Catholic Archdiocese of Boston, A Corporation Sole
2121, Commonwealth Ave. , Boston, MA 02135 TEL: 254-0100
2. State the name and address or other identification of the building/facility:
St. James R.C. Church, 161 Federal St. , Salem MA 01970
Front Entrance)
3. Describe the facility: (Number of floors, type of functions. use, ecc. )
Church is single floor sanctuary, with main entrance approx 515"
above grade. Site is within Salem Historic District. See
photos attached .
4. Check the work performed or to be performed:
New Construction x ReConstrurtion, remodeling.
aICC CaC1U11 '
_Addition _Change- of use
5. Briefly describe the extent and nature of the work performed or to be performed:
(Use additional sheets when necessary)
Add additional riser o main entrance stairs ( left side) to bring
upper landing to thrpghnld 1pvpl Tngtall inrlinpd wheplrhair
lift (GARAVENTA Model GSL-1 ) on left side of stair flight .
6. State each Section of the Rules and Regulations of the Architectural Access Board
for which a variance is being requested:
SECTION NUMBER LOCATION OR DESCRIPTION
45. 14 _ Whpplrhair Lift
7. For each variance requested, state in detail the reasons why compliance with the
Board's regulations is impracticable. State the necessary cost of the work required
to achieve compliance with the regulations_ PLEASE NOTE THAT YOU SHOULD SUBMIT
WRITTEN COST ESTIMATES AS WELL AS PLANS JUSTIFYING THE COST OF COMPLIANCE. Use
additional sheets if necessary.
A ramp gvgfPm wnuirl hp impractical More thap 65 €eek -
ramp- ltnu 1 d hp rorty i rerl d wrnilrl Cit be perm•t t d b
higfnrir rliafrirrf
8. Has a building permit been applied for? nn If yes, state the date the
permit was actually issued:
9. State the estimated cost of construction as stated on the above building permit :
To be estimated a $29 . 000.00
If a building permit has not been issued, scate the anticipated construction
cost: $29,000.00
10. Have any other building permits been issued within the past 24 months? -no
If yes , state the dares chat permits were issued and the estimated cost of
construction for each permit:
11.. Has a certificate of occupancy been issued for the facility?
If yes, state the date:
12. State the actual assessed valuation of the BUILDING ONLY, AS RECORDED IN THE
ASSESSOR'S OFFICE, of the municipality .in which the building is located.
Is the assessment at 1007.? If not, _what is the
town's current assessment ratio?
13. State the phase of design or construction of the facility as of thedate of this
application:
14. State the name and address of the architectural or engineering firm including
the name of the individual architect or engineer responsible for-preparing drawintz,
„E the facility:
RG Box 247
Scituate 02040 T ' 637/5.45-6900
15_ State the name and address of the building 0soecror responsible for overseeing
Lhis project : T7uilding CommigginnPr . (`if)r of RaiPm RalPm ML nig7n `
TEL:
PLEASE NOTE: The Board may, in ics discretion, hold a hearing on your application
for variance. The Board may also decide your application without a hearing, based
upon the information you submit. You should therefore, include all relevant.
information with your application. At minimum, the plans should include site plan,
all floor plans, elevations, sections and details. Photographs of conditions are
extremely important.
Dote: Noy 13 , 1992 SIGNATURE OF OWNER R AUTHOR D AGENT
PLEASE PRINT OWNER OR AGENT NAME:
James Hunt
Creative Lifts 617/545-6800
i
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-
Ill�llwwe Alli r� rI _.
I
i w
i
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t I
(FrontMain Entrance • • Upper
rv'
°R Y
,
( SideMain Entrance View) Main Entrance (Storage
Lift will use • parallel
steel •- stainless
painted black . Lift will
store • - • below