3 FRIEND STREET - BUILDING INSPECTION (2) I gR-IEND STREET
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CITY CLURK. Sc.Fo4,MASt
DECISION ON THE PETITION OF PAUL FERRIS FOR VARIANCES FOR
,F3"FRIEND'STREETj
Y
A hearing on this petition was held on September 24, 1986 with the following
Board Members present; James Hacker, Chairman, Messrs. Fleming, Bencal,
Strout and Luzinski. Notice of the hearing was sent to abuttors and others,
and notices of the hearing were properly published in the Salem Evening News
in accordance with the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, owner of the property, was represented by Attorney John Serafini,
The petitioner requested Variances from lot area, rear yard, lot coverage, and
other density requirements of the Zoning Ordinance, in order to construct a
duplex-type, two (2) family dwelling at 3 Friend Street.
The property is an R-2 district.
The variances which have been requested may be granted upon a finding by the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would
involve sustantial hardship, financial or otherwise, to petition; and
C. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
The Board of Appeals, after careful consideration of the evidence presented and
after viewing the plans, makes the followingfindings of fact:
1 . There was substantial opposition to the plan, but that opposition
generally approved the compromise of the plans that the Board
arrived at.
2. There is sufficient parking on the premises, a condition that
generally does not exist in the neighborhood.
3. There is no other use for the land, so that, if the petitioner
were denied his requested variances, he would suffer substantial
hardship:
4. The proposed duplex and its landscaping would enhance the
neighborhood.
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect this property but
do not generally affect other lands , buildings and structures in the
same district..
2. Literal enforcement of the Zoning Ordinance would involve
substantial hardship to petitioner; and
3. The relief requested may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent of the district of the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, those being variances from lot area, rear yard, lot coverage,
and other density requirements, provided that:
] . The new building be placed on the footprint of the prior building,
exceeding such foot print only by the dimensions of the compromise
plan.
2. That the petitioner maintain four (4) parking spaces on the premises.
3. That all construction meet the requirements of the Massachusetts
Building lode.
4. That all the requirements of the Salem Fire Department relative
to fire prevention safety, be complied with by the petitioner.
5. That the petitioner obtain all necessary building and occupancy
permits.
'T O ` O l�✓,�,y
am es M. Fleming, Esq.
ember, Board of Appeal
P'i-3.J+-J TO SEf,T10;: 17 OF THE MA=
-AL LA .°-. IHE CAI OF FILP"
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OR IKT, IF S'....'i . I'r'e'.'- F. _ . c .. .. - .. .: in. - 'P 7 GR DE:n E0 IS
RECOiiDLD !N 7H. :'-j H ESSER:'!-',:R. o ._cJS (:::D !>:DcCED O+DE:: THE NWIE OF THE CWKM
OF RECORD OR IS RECORDED AND NO D O, iiic OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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CERTIFICATE $SU�•Q
Y b/25 tl23
DATE
CITY OF SALEM
s SALEM. MASSACHUSETTS 01970 BUILDING PERMIT -
�a4�D CERTIFICATE OF OCCUPANCY
11/23/ 87 1150
DATE- . 19 - PERMIT N0.
Charles Brett 13,95 _ysz
APPLICANT ADDRESS
INO.1 (STREET) ICONTR•5 LICENSU
erect dwelling 2 DWELLING NUMBER OF 2
PERMIT TO (_) STORY DWELLING UNITS
(TYPE OF IMPROVEMENTI 'N0. (PROPOSED OSE)
J c'rainu bt+ Ward 6 ZONING R+2
AT (LOCATION) DISTRICT
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISIONLOT BLOCK SIZE
BUILDING IS TO BE FT. WIDE,P... FT. LONG BV FT. IN HEIGHT AND SHALL:CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: Erect two faL-Aly dv .11itu• (iiret permit 113 '70100 _ Us;in^ _ass ?)
"CACI. .'0 OCCUPY"
AREA OR low
WWM1YI1 Jjyl{i � � \{I
VOLUME � {C:BILSOVl9EFEET1 Charles BLett oe lv Terve (avTo�+(vvTbrn veflv'r avme�mvlvrrmmv
OWNER TO BE POSTED ON PREMISES
•-+� •+v..�:_Ir f �`-�•°`A"f SEE REVERSE SIDE FOR CONDITIONS OF CERTIFICATE
ADDRESS inspizctor of Builq.i.nCs, U.h.
DEPARTMENTAL APPROVAL FOR CERTIFICATE
of OCCUPANCY and COMPLIANCE
To be filled in by each division indicated hereon
uponcompletioncompletion of its final inspection.
ITrl Inspector Permit No. 1150
aUvic�Ha
Approved by Date 6/8/88
Remarks
ON FILE
PLUMBING Permit No.
Approved by Date
Remarks
ON FILE
ELECTRICAL Permit No.
Approved by Date
Remarks ON FILE
OTHER FIRE DEPT, Permit No.
Approved by_ Date
Remarks
ON FILE
OTHER Permit No.
Approved by Date
Remarks
-
'
ROPES PEST CONTROL, INC.
P, O. BOX 2512 — — —SOUTH HAMILTON, MA .01982
927-3155
468-3670 1
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`? Order No. Date - '- - 19 F
Tel. — Ho. — -Yy Off.
r Owner
Address '
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CHEMICALS USED % AMOUNT
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A Department of Publir Works
(One *Mlem preen
PAUL S.NIMAN
DIRECTOR OF PUBLIC SERVICES
June 19, 1986
Mr. William Monroe
Building Inspector
1 Salem Green
Salem, Mass. 01970
Dear Mr. Monroe:
This is to certify that the water has been shut off from the street and
the meter removed from the property located at 3 Friend Street, Salem, Mass.
Very truly yours,
v4Aa-Va
THOMAS E. BURKE
mh Assistant Director of Public Service:
u�.
6
MICHAEL E. O'BRIEN ,Z9 LEONARD F. FEMINO
CITY SOLICITOR •hyH�a yO�� ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
and and
187 FEDERAL STREET CITY SALEM 30 MAIN STREET
SALEM, MA 01970 - MASSACC SALEM
PEABODY, MA 01960
745.4311 745.4311
744.3363 531.1701
Please Reply to 187 Federal Street Please Reply to 30 Main Street
May 14 , 1986
Salem City Council
City Hall
93 Washington Street
Salem, Massachusetts 01970
Re : 3_Friend Street, Salem
Dear Ladies and Gentlemen of the Council :
Pursuant to your order of May 8; 1986 relative to the demo-
lition of the above structure, I have research the records of the
Registry of Deeds and I found that the property was transferred
on April 18 , 1986. I am enclosing a copy of the deed which iden-
tifies the name and address of the new owner.
In view of the fact that the property was transferred prior
to the public hearing and subsequent vote of the City Council, I
would suggest that a new hearing be held by the full Council or
a sub-committee thereof to afford the new owner an opportunity to
be heard on the matter.
Very ruly your
4
ael E. O' Brien n
(�- City Solicitor
o � —
MEOIJp n�
Enclosure n 00
cc: William H. Munroe w
.L'. a)
• Q7
eoon8�:15 PACE 384
I , FLORENCE M. PARISELLA
of Salem,
Essex County, Massachusetts
in consideration of Fifteen Thousand Dollars ($15,000.00)
grant to PAUL G. FERRIS
of 195 North Main Street, Middleton, Essex County, s
Massac uet
the land itx with the buildings thereon situated at 3 Friend�treeigtMalem, Esse
tQbEstMtttS
County, Massachusetts , more particularly •buunded and described in adeed Fromx
Thomas B. Ciesinski to John C. Gibney and Mary A. Gibney, dated June 6, 1946,
recorded with Essex South District Registry of Deeds in Book 3463, Page 80.
Beginning at a point on Friend Street distant forty-one (41 ) feet
NORTHWESTERLY of the back line of the Libby Estate, now or late; and o
thence running
SOUTHEASTERLYN
by Friend Street forteet N
late of the Libby estate; thence to
land now or
NORTHEASTERLY by said land now or late of 'Libby and of Warner about one
cn
hundred ( 100). feet to land now or late of Bre
running nnan; thence
n
NORTHWESTERLY by said Brennan land about fort
or late of Prendergast; thence running411 feet to lard now
SOUTHWESTERLY by said Prendergast land and by land now or late of Symonds
about one hundred ( 100) . feet to Friend Street and the point
of beginning,
0
Being the same premises conveyed to Florence M. Parisella by deed of Samuel. E.
Zoll as he is Trustee of the CLAYTON J. GIBNEY FAMILY TRUST OF JUNE 30, 1969,
dated 'October 13, 1972, recorded with Essex South District Registry of Deeds
in Book 5914, Page 108.
Executed as a sealed instrument this 18th
i .,- day of S April •• 19 86
Florence M. Parisella
(IIhc (flommunfnettlth of �Rnsanchusetts
Essex
ss. April 18, 1986
Then personally appeared the above named FLORENCE M. PARISELLA
and acknowledged the foregoing instrument to be her � •
e act and Qd Cr , • ,
Before me. C'%
L=Notary PuAlir
My commission Qr-escase „yn^as •..!
199r'
gilled on bzok :)f Zis instrMeni ';.'s •:.:
Ut
ge fig
cau -n
By'CARL OHNSON
News Staff - se
SALEM ft,Par,
nanasella sazd +: '�
qudgepMmyBren z He:=+teshfled athat rwhen he_;
, sf —
un
:send od,--Vrobabie_�cause m turn ed tothehouseafterinfor
t . an Arson case involvm '`mmgAeputy Fire Chief Josepb
Year o1d.Salem resident totghe 'Suhvan that, e'.n
� Disatrict CourtThursday-
cmin Salemhadsbeen e m mess"
' .. -
John J_ 1 ui cone the wall ProPpd vagal
t St:iwas h°uad'over 7`Fnend °f hF:fust :floor
tdwon to'the gi and 'bedroom and that.TLrcotte^had n
`il aghandshurba�g a aroundik F news a
a assault glarious :Heast dhea
th–
e char house gain ran out of the:j
gQ,-with,.torchm dd`tbat when.police ar=�'
the sell nd:St. home of:aPaugl S ve:house.wasburning,
Parisella,.Marchi ,_ _ an testified that when he
Parisella testified-
on that got the radio dispatch to re
date,,early in tthe morning he to 3 Friend Sk;"smoke was seer '
was in" bed when-lhrcottu" and _Ing out of_the-windows ¢
two other People-burst ' '=;front-..door. and the .,
'house where he lived alone. the =The fie'destro
He "said :he : PublicAefender p Dever:
became mvolveda in .TurcOtte ^asserted that Pa
meat and nsella us
the fln that he was Pinned gto mowed .Open,bouse'l for wally j
and' slapped and 11491 Mhich went on everyPerty
urinated upon - of the week,.and n night -
He said he escaped and ran to "bad been '-and
welthaed�cotte
a fire alarm box:to call for Pprisella agreed that there Was
:help since he bad 110 Pohee - some part
cotte was still Phone. Tur Turcotte:h ing a nda testified that
— mside�vhea_he until that parttcylai mood friend
rntng
� U/
„v�_.._ { Y� =__—._.c_.,____ _ k.'m .s` .^ t'r 1d ,.ta tr:2'+.erjar.:: x ut'+Lii.. +'•m� rlf'..
! I
IONCONFORMITY SECTION 1111 ”
• � i9
D. ?nonconforming Structure III;
Where a structure exists wbi.ch could not be built under
the terms of this Ordinanceby reason of restrict i.or,S on
,.
area , lot coverage, height , yard dimensions, UT Ocher {j
characteristics of the structure or its location on th_�
lot , such structure may be continued sr, long it remains k
ot.herv:ise lawful , subject to the fo7aorino provisions : � t
1 . No such structure may be enlurged or altered in a n .y
v:hich increases its nonconfor•,r,i't..V1 as provi.d�_:d
for in Section VIII
2. Shau]d such—structure 1,� uestroyed by any means-t:off !j
Can extent of more than fifty percent of its replace-
ment cost , or more t.har fifty perc.ent o . its :CJ.uor?�
area at the time of destruct :ion, it shZ.Il. not be; L,
reconstructed e�:cept iu_ceni_urnit.}�t it.l;ai.h�_pros ('
visions—of_this_O.rdi.nance� . !
3 . Should such structure be moved for any reason for
any distance whatsoever , it shall thereafter conform
to the regulations for the district in % .ich it is j
located after it is moved.
4
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' `°� �Tt�t IIf �2T�ElIi� �c�gSFIt�LtSitlg
1� .���' ; _� �ublu �rIIpPxf� �P;72II'tment
S�L�lYn4�*4' �llT�in$ /y y�+GL.�.wWlll
William H. Munroe
One Salem Green
745-0213 February 6, 1986
Councillor George McCabe
City Hall
Salem, MA 01970
RE: 3 Friend St. , Ward 6
Dear Councillor McCabe:
The .enclosed correspondence from Fire Marshal Turner is only one of many
complaints this office has received regarding concerns with the fire damaged
building at 3 Friend St. Since the fire on March 3, 1985 the property owner has
maintained the property in a secure manner causing me to be hesitant in ordering
its .demolition. However, as we approach the one (1 ) year anniversary of the fire,
I have had no contact with the owner regarding plans to repair the building:
The property is located in an R-2 zoning district and contains forty one
hundred (4,100) square feet of land with forty one (41 ) feet of frontage. This
makes the lot nonconforming according to the Zoning Ordinance. This building on
the lot is also nonconforming due to setbacks.
I have personally viewed the damage, as have other members of my staff, and
it is the opinion of this office that the damage to the building is in excess of
fifty percent (50%) of its replacement cost, and,due to structural damage from the
fire, would be extremely dangerous should another fire occur.
Section VIII D 2 of the Zoning Ordinance states that should a nonconforming
structure be destroyed by any means to an extent of more than fifty percent (50%)
of its replacement cost, or more than fifty percent (50%) of its floor area at the
time of destruction, it shall not be reconstructed except in conformity with the
provisions of this Ordinance.
In view of the above, I feel it would be appropriate for the City Council to
order the demolition of this building as a hazardous structure and a public
nuisance.
Respectfully,
Wi Munroe
Inspector of Building
Zoning Enforcement Officer
WHM:bms
Enclosure: (1 )
cc: Capt. Turner
1 .
i
SALEM FIRE DEPARTMENT
`✓ FIRE PREVENTION BUREAU t l)':L.'- 1?' F: �
48 LAFAYETTE STREET
SALEM, MA 01970
(617) 745-7777 FEB 6
iD ti,� P9�
• N=C[i'i�ED ��
CITY OF SALEM, MASS. .
January 29, 1986
Mr. William H. Munroe,
Inspector of Buildings
One Salem Green
Salem,_ Ma 01970
Dear Mr. Munroe:
The Fire Prevention Bureau has received a complaint from a concerned
citizen relative to the status of the fire damaged building located at #3
Friend Street. .
This building was extensively damaged by fire on March 3, 1985. A visual
inspection of the property indicates that the building is apparently
secure on the lower level, but still remains a fire hazard to the
surrounding neighborhood.
I would appreciate your evaluation of this building with respect to the
safety of the surroundiing area.
1
Thank you.
Cordially,
Robert W. Turner,
Fire Marshal
cc: Health Department
George McCabe, Councilor, Ward 6 -
.. �'CONC11V DI 4n
,
Mssar4usetts
VV/
]Jnblic Property Department
`'qso wilding Pepartnirnt
William'H. 'Munroe
One.SalemgGreen
' I 745.0213 )
February 18, 1986
TO: William H. Munroe, Building Inspector
FROM: John LeClerc, Plumbing Inspector
RE: Three Friend Street, Salem, MA 01970
DATE: February 14, 1986, 10:00 a.m. (inspection)
During an inspecton on:•xhe above property, I found that the
plumbing and gas must be removed and a new system on both
the plumbing and gas should be installed if occupancy is
desired. The damage was done by a fire.
Sincerely,
John J. LeClerc
Plumbing and Gas Inspector
cn .ri
U cr,
ala.
Lsa
r'
Ctu of "ittXem,
Tdertriral Department
Jnl�n J(�ittr�i
Wire 3noperior
44 `Xafauetfe '*t_
4$alem, Mass. 01970
,'area (IIabe 517 745-6300
February 19 , 1986
TO ; Maurice Martineau , Asst. Building Inspector
FROM : John J . Giardi , Wire Inspector
SUBJECT : 3 Friend Street
Wire Inspector .Giardi visited the site at 3 Friend Street , along
with Asst . Building Inspector Martineau , Plumbing Inspector LeClerc and
Fire Prevention Inspector Norman LaPointe on Friday, February 14 , 1986 .
Upon Wire Inspector Giardi ' s review of that site , determined that the
electrical system in that dwelling is damaged :,beyond repair . Therefore ,
recommending that any electrical work to be done on that site shall be
new in its entirety and conform to the 1984 National Electrical Code .
J n J . Giar
ire Inspec or
Dean Boucher
79 Boston Street
Salem, MA 01970
February 18, 1986
City of Salem
Building Department
3 Friend Street
Salem,MA 01970
Debris professionally removed .
Old studding sistered where needed and checked by you.
Reinforcement to structure up to code specifications before
comencement .
All work done with proper licenses, permits and professionalism.
Working with the building department is an utmost priority.
Sincerly,
Dean Boucher
Ti#V of �rlrnt, 'fflaegai U5r#i5
Offirr of thr TitV CrA
Ie
{Jnsryl�iuc ��. �iucrn ye �_ rYimm� 7
CHU Qilcrk Sitg Mall
m
April 16. 1936
Ms. Florence Parisella
3 Friend Street
Salem, MA 01970
RE: 3 Friend.Street Property,,_
Dear Ms. Parisella:
This is to notify you that the City Council Cammittee on Ordinances and
Legal Affairs is going to hold a hearing relative to your property at the
above location for the purpose of considering whether or not there is danger
to life and safety due to its dilapidated and vacant condition.
The oa[mittee will hold a hearing on Tuesday, -May 6, 1996
at 7:30 P.M. in the City Council Chamber, wherein it will be determined if your
property constitutes such a nuisance as to order it demolished.
You are invited to attend said hearing and address the Committee.
Committee on ordinances & Legal Affairs
Jos, HIbIE R. FUSOD, CITY CLERK
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
nWITED: Building Inspector f-�
Fire Chief
Health Agent
city Solicitor
'TO` • CERTIFICATE ISSUED
DATE
CITY OF SALEM
` s SALEM. MASSACHUSETTS 01970 BUILDING PERMIT -
�a4co� CERTIFICATE OF OCCUPAINCY
DATE
10/1/ 87 1152
155 X � ^a P ,P=11 NO.
APPLICANT Paul G. Perris ADDRESS J.:/J X. :...x. N.+t. -..Lu. uN.tiL'r
'W�L G �yy�. (STREET) (CONTN'S LICENSEI
PERMIT TO Pxect 2 lam (—)lin(ST STORY— NUMBEROF ING UNITS 2
(TYPE 01 IMPROVEN+ENTI. NO. IP OPOSEO USE)
AT ILDCiTiDNI 3 Friend St. � b ZONING
(N0:1 (SIRE TI
BETWEEN AND
(CROSS TREET) (CROSS STREET)
LOT
SUBD)V(51ON LOT BLOCK - SIZE
BUILDING 15 TO BE FT. WIDE.P., FT. LONG BV FT. IN HEIGHT AND SHALL:CONFORM.IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: Erect 2' family dwell by al+mer
CALL FM PnKTT TO OCODPY
WE jugm
AREA OR mimum
VOLUME
O:BIV SOU49E FEET) qp$
Paul G. Ferris ve+( no.no. na�+ow oeE(bc(v rl(o.E oeNoe�,vt�Io
OWNER - - --- -+ J- TO BE POSTED:ON PREMISES
ADDRESS SEE REVERSE SIDE FOR CONDITIONS OF CERTIFICATE
David Harris Inspector of Buildings
DEPARTMENTAL APPROVAL FOR CERTIFICATE
of OCCUPANCY and COMPLIANCE
To be filled in by each division indicated hereon
upon completion of its final inspection.
BUILDINGS Permit No.
Approved by Date
Remarks
• PLUMBING Permit No.
Approved by Date
Remarks
ELECTRICAL Permit No.
Approved by Date
Remarks
• OTHER Permit No.
Approved by_ Date
Remarks
OTHER Permit No.
Approved by Date
Remarks
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CITY OF SALEM
BUILDING DEPARTMENT
City Hall Annex
9 One Salem Green
+� SALEM, MASSACHUSETTS 01970
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