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38 HARBOR STREET - BUILDING JACKET 38 HARBOR STREET V `tS CITY OF SALEM, MASSACHUSETTS ' BUILDING DEPARTMENT r 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAx(978)740-9846 IQMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER February 24,2016 Zuri Jiminez 38 Harbor Street Salem Ma.01970 Re:38 Harbor Street Dear Owner, Enclosed,please find your permit application for the above property. For a three family dwelling, you cannot pull a building permit under the homeowner exemption. The Homeowner exemption is only for owner occupied one and two family homes. You will need to hire a licensed Construction Supervisor to secure a Building permit. If you have any questions,please contact me directly. Sir Thomas St.Pierre CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER 41 GKIi2 -f The Commonwealth of Massachusetts CITY OF WBoard of Building Regulations and Standards SALEM Massachusetts State Building Code, 780 CMR Revisrd.Nar 10l/ Building Permit Application To Construct,Repair, Renovate Or Demolish a One-or Avo-Family Dwelling This Section For Official Use Only ` Building Permit Number. Date Applied, Qv. DuilJing Official(Print Name). - .Signature DateP M SECTION 1:SITE INFORrINfATIM MR '_"rxr' LI ,P{opf r�ty Ad ress: �r L 1.2 Assessors Alap&Parcel Numbers �' 7�tn t�Y pVrt nr"' r f.In Is this an accepted street?yes_ no M1lap Number Parcel Number CA IJ Zoning Information: 1.4 Property Dimensions: ty z KaingDisuict Proposed Use Lot Arta(sq R) Frontage(it) 1.5 Building Setbacks(R) Front Yard Side Yards - ' Rear Yard Required Provided Required Provided. Required' Provided 1.6 Water Supply:(M.G.I,c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Zone: _ P Outside Flood Zone? Munici o d On site dis sal system D Public D Private D Check if O Po y SECTION 2: PROPERTYOWNERSHl 2.1 Owners of Rec d.—jo Sc 40� �t .�'pne(Prw) Ci State,ZIP.7 e No.and Street - Telephone Email AJdrnss SECTION 3:DESCRIPTION OF PROPOSED WORK'(check all that apply)` New Construction O Existing Building D Owner-Occupied D 1 Repairs(s) D 1 Alteration(s) 01 Addition O Demolition O Accessory Bldg.O Numberof Units_ I Other D Specify: Brief Description of Proposed Work': 2 00 1=7&a,4el c. Map _ I<Ase '" - SECTION 4:ESTIMATED CONSTRUCTION COSTS l(cm Estimated Costs: Official Use Only Labor and Materials I. Building $ I. Building Permit Fea:S Indicate how fee is determined: O Standard CiVrown Application Fee 2. Electrical S 4460b` D Total Project Cosh(item 6)s multiplier s 3.Plumbing S 3 0<50- vc7 22N Qther Fees: S \ 4.NIechanical (HVAC) S List: 5. NItchonical (Fire S total All Fees:S Su ression) Check No._Check Amount: Cash Amount: 6.'rotal Project Cost: S D Paid in Full ❑Outstanding Balance Due: 'qa7 SECTIONS: CONSTRUCTION SERVICES 5.1 Construction Supervisor Liccnse(CSL) License Number Expiration Date N;mte of CSL Holder List CSL Type(sen below) Type. _. Description Na..mJ Street U Unrestricted ButWin up to 35,000 cu. R. R Restricted 1&2 Family Dwelling City(rown,State,ZIP M Masonry RC Roofin Covcrin WS Window and Siding: SF Solid Fuel Burning Appliances _ I Insulation Tele hone Email address D Demolition 5.2 Registered Home Improvement Contractor(HIC) HIC Registration Number Expiration Date HIC Company Name or HIC Registrant Name No. rid Street - Email address Ci /Torun State ZIP Telephone SECTION 6:WORKERS'COMPENSATION I.MURANCE AFFIDAVI'E(M G.L:c.14 g 2SC(6)}:. Workers Compensation insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the isbuance of the building permit. Signed Affidavit Attached? Yes..........O No...........O SECTION 76.OWNER AUTHORIZATION TO BE COMPLETED W HEN' r;' OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING.PERMIT 1,as Owner of the subject property,hereby authorize 19 act on my behalf,in all matters relative to work authorized by this building permit application. Print Owner's Name(Electronic Signature) Date SECTION 7b:OWNEW OR AUTHORIZED AGENT DECLARATION By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is4rue and accurate to the best of my knowledge and understanding. Pr Owner's or Au I o nzeJ Agent's Nun (I?fcetronic Signmmre) Date NOTES: 1. An Owner who obtains a building permit to Jo his/her own work,or an owner who hires an unregistered contractor _(not registered,in the Home Improvement Contractor(HIC)Program),will no have access to the arbitration program or guaranty fund under M.G.L— .c. 142A.Otfiei important TnTormattoti on the HICProgram can below3f- svww.mass Ltov!ocn Information on the Construction Supervisor License can be round at wtvw.msss.gov;JLns . 2. When substantial work is planned,provide the information below: 'rotai floor area(sq.R.) (including garage,finished basement/attics,decks or porch) Gross living area(sq. R.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of haigbaths 'type of heating system Number of decks/porches rype of cooling system_ Enclosed Open 3. "Total Project Square Footage"may be substituted for"Tot:d Project Cost" w OF SALEIK AfiSMaiLSEM BUZDMDEPA8BMW 120 wAgmyGWNS7$BeT,3IDpLM UL(178)7459595. K11M t YDRISMu, FAx(978)740-9846 MAYOR TM►sSTYMM DnmcrcacppL tucpaomt r/Blmnmcom; ctm Construction Debris Disposa/Affjafavit (required forall demolition and,renovation work) in accordance with the sixth edition of the State Building Code, 780 CMR,Section 111.5 Debris, and the provisions of MGL coo,S 54, Building Permit 8 is issued with the condition that the debris resulting from this work shall be disposed of in a properly licensed waste deposit facility as defined by MGL c 111, S 150A. The debris will be transported by: leJ/d �P If, (name of hauler) The debris will be disposed of in: (name of facility) (address of facility) ignatur of appli nt Date v QTY OF SALEM) MASSACHUSE TTS BUILDING DEPARTMENT 120 WASHfNGTONSTREET,3"D Flom TEL. (978)745-9595 FAX(978)740-9846 KIMBERLEYDRISCOLL MAYOR THOMAs ST.PIERRE DIREcToROFPUBLICPROPERTY/BUILDING COMMISSIONER HOMEOWNER LICENSE EXEMPTION PLEASE PRINT. Date (ll Job Location /7/Q k 6 r J Home Owner Address (9 A/0 /'b0f S� Present Mailing Address The current exemption of"Homeowners"was extended to include owner-occupied dwellings of two Units or less and to allow such homeowners to engage an individual for hire that does not possess a license, provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to be, a one=or two-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 be responsible for all such work performed under the Building Permit. The undersigned "homeowner" assumes responsibility for compliance with the State Building Code and other applicable by-laws and regulations. The undersigned"homeowner"certifies that he/she understand the City of Salem Building Department minimum inspection procedures and requirements and that he/she will comply with such procedures and requirements. HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING INSPECTOR DISPLAY PERMIT IN A CONSPICUOUS PLACE ON THE PREMISES 0 0„ Commonwealth of Massachusetts r City of Salem 120 Washington St, 3rd Floor Salem, MA 01970 (978)745-9595 x5641 Kimberley Driscoll Mayor PLUMBING PERMIT Date: 1/5/2016 Fee: $20.00 Parent Pin: NO, P-15-637 Building Location: 38 HARBOR STREET Applicant Name: MATTHEW MCCLENDON Type of Occupancy: Residential Type of Work: Existing Construction Plumbing Permit Work Description: CAP OFF WATER AND WASTE _._ Locatlon _Fixtures Number 3rd ', Other Fixtures 1 l i 4 j Contractor Name: MATTHEW MCCLENDON Contractor Phone: (978) 604-5819 Contractor Address: 28 HAVERHILL ST READING MA 01867 License Type: MASTER ) License No: 16078 License Exp: 7/14/2016 r r The recipient of this permit accepts this permit on the condition that, as owner or as agent of the owner, he/she agrees to comply with all Building &Zoning Ordinances of the City of Salem &the State Statutes of the Commonwealth of Massachusetts regarding the use, occupancy&type of building to be constructed, added to, or altered. Additional conditions listed below: All permits approved are subject to inspections performed by a representative of this office. 1/5/2016 Dennis M. Ross, Plumbing/Gas Inspector Signature Date j Call (978) 745-9595 x5641 For Inspection M`°Nary Commonwealth of Massachusetts `T City of Salem a 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 Return card to Building Division for Certificate of Occupancy t Permit No. B-15-1357 PERMIT TO BUILD FEE PAID: $25.00 DATE ISSUED: 12/17/2015 This certifies that AKERS JACOB D has permission to erect, alter, or demolish a building ._ . 38_HARBOR-STREET Map/Lot: 340330-0 as follows: Other Building Permit REMOVE ILLEGAL, THIRD-FLOOR KITCHEN & EGRESS DOOR @ 2ND FLOOR REAR AS RECOMMENDED BY THE BUILDING DEPT. Contractor Name: JAMES L. MITCHELL 111 DBA: THE BUILDERS COLLABORATIVE r Contractor License No: cs-049745 %I 12/17/2015 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 #: 140806 'Persons contracting with unregistered contractors do not have access to the guarantyfund°(as set forth in MGL c.142A). r Restrictions: r F Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. Commonwealth of Massachusetts a Citv of Salem m 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 n Return card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT a PERMIT TO BE POSTED IN THE WINDOW x Excavation Footing INSPECTION RECORD Foundation Framing Mechanical ' Insulation INSPECTION: BY DATE Chimney/Smoke Chamber Final d Plumbing/Gas ;'jw Rooughh::Plumbing Rough:Gas Final Electrical Service Rough Final Fire Department Preliminary Final Health Department Preliminary Final QTY OF SALEM MASSACHUSETTS +a jr 'j BUILDING DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR TEL:978-745-9595 xIMBERLEYDRISCOLL FAX: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER Zoning Violation/Cease & Desist Notice 38 Harbor Street Jacob D. Acres 308 West Clay Street Richmond, Virginia 23220 October 22, 2014 As a result of the inspection conducted by this office on Wednesday, October 15, 2014, it has been determined that you have created and have tenants occupying one (1) - illegal 3`d floor dwelling at 38 Harbor Street. Currently you are permitted for two (2)—units in the building in a location zoned for (R-3) dwellings, but the illegal third unit has only one egress out in violation of the Massachusetts State Building code. This office has no records of permits for this construction and/or variance or special permit approvals (SEE BELOW) for these third floor units. It appears you were granted permission by the Salem Board of Appeals prior on January21,2004 to expand to a three family unit but did not file for the required permits within the required time frame thus you lost your right to go forth with the project. As discussed with you over the phone on the same date of my inspection you are hereby ordered to secure permits for its removal or legal inclusion with the second floor apartment unit within five(5) day of receiving this notice. You are hereby ordered to immediately contact this office upon receipt of this notice; failure to respond to this notification will be construed as non- compliance, with issuance of Municipal rickets and including the filing of criminal complaints at District Court. If you feel aggrieved by the Building Codes issues you have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place, Boston, Ma. If you feel you are aggrieved by the Zoning decision of this order, your Appeal is to the Salem Zoning Board of Appeals. If you have any questions regarding this letter,please contact our offi Michael Lutrzykowski Assistant Building Inspector CITY OF SALEM �iHOAV vEHli TIME �NL,NO.�. . 3 LOCATION 0 @ NAME O`F�O'FF+ENDE/R. � p V ,&CF n t v ADDRESSS /� STATE /f ZIP 30 �AJYS t' � VA •2$226 I hereby acknowledge receipt of the`,foregoing citation , X Date: / z[ )Unable to obtain signature of offender -I Date Mailed _ G/ [ I Posting Advertisements,Notices on City Property SCO 4-2 [ I Illegal Signs Violation of State Building Code SCO 4-39 and 4-47 SCO 12-1 -[ I Removal of Unsightly Conditions I Violadon of.BOCA Nat.Fire Few..Code SCO 12-56 SCO 20-111 [ I Keeping of Trailea,Comm.and Rep.Vehicles,etc. SCO 24-21.1 (D -[]Removal of Snow/lee from Sidewalks c CO 38-13 and 38-14 Zoning Ordinance SZO$ .[]Other Citation: Signature of Enforcing Signature of Enforcing Perso�`� v LU Department Amount of Fine: [ ]Warding [ ]$25.00 ]$50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 ]Other You,have the following alternatives in this matter within 21 days of the date of this notice: [ ] choose to pay the fine within 21 days of the date of this notice. Enclose a check or money order payable to the City of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, MA 01970, If delivering in hand,please note the hours of City Hall operation;Monday through Wednesday from 8'.00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 p.m. [ ]choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 Washington Street,Salem,MA 01970.The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL "COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS - ENCLOSE PAYMENT INTHIS ENVELOPE,-PEEL AND.SEAL CITY OF SALEM MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3'D FLOOR TEL:978-745-9595 KINMERLEYDIuscOLL FAX: 978-740-9846 MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER Zoning Violation/Cease & Desist Notice 38 Harbor Street Jacob D. Acres 308 West Clay Street Richmond, Virginia 23220 October 22, 2014 As a result of the inspection conducted by this office on Wednesday, October 15, 2014, it has been determined that you have created and have tenants occupying one (1) - illegal 3`d floor dwelling at 38 Harbor Street. Currently you are permitted for two (2)—units in the building in a location zoned for (R-3) dwellings, but the illegal third unit has only one egress out in violation of the Massachusetts State Building code. This office has no records of permits for this construction and/or variance or special permit approvals (SEE BELOW) for these third floor units. It appears you were granted permission by the Salem Board of Appeals prior on January 21, 2004 to expand to a three family unit but did not file for the required permits within the required time frame thus you lost your right to go forth with the project. As discussed with you over the phone on the same date of my inspection you are hereby ordered to secure permits for its removal or legal inclusion with the second floor apartment unit within five(5) day of receiving this notice. You are hereby ordered to immediately contact this office upon receipt of this notice; failure to respond to this notification will be construed as non- compliance, with issuance of Municipal tickets and including the filing of criminal complaints at District Court. If you feel aggrieved by the Building Codes issues you have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place, Boston, Ma. If you feel you are aggrieved by the Zoning decision of this order, your Appeal is to the Salem Zoning Board of Appeals. If you have any questions regarding this letter, please contact our offi Michael Lutrzykowski Assistant Building Inspector I — —CITY Of SALEM U.S.POSTAGE>>PITNEY e0WES x" BUILDING INSPECTOR R °120 Washington Street 3floor l ZSalem,MA 01970 . 0001392928OCT 22.,2074 _ __7012- 16400002 3313_2.151. Shy cd rz ACR"Es � W G5 i C—t-pm-A ST Uv UNC I IN I XT�E '231 -SE "18.0'9 '0801114/15 1 I- a. Ist NOTICE RETURN TO c:e ta.t�F R 2nd NOTICE +NCL A1 ME c 1 UNAStc O FORWARD ! RETURNED !!!h SC: 019703.52303 *1921-08297-22-43 �'����'43s`2�' ' IIIIIlh11hN1t�lllltlll�Iilsi�tllllll�Ilull,I�hlll�ll�l��llll i r. SENDER: !1 DELIVERY i ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. �- ■ Print your name and address on the reverse X 0 Agent so that we can return the card to you. E3 Addresses ■ Attach this card to the back Of the mailpiece, B. Received by(Pooled Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to- D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below; 0 No i� lw ?LS4 3. Servi pe U ertified Mail® ❑Priority Mail Express' ❑Registered 17 Return Receipt for Merchandise 13 Insured Mail 13 Collect on Delivery I! -- —_ 4. Restricted Delivery?(Extra Feel 0 Yes I 2. Article Number (!ranter trom service ft. 7 012 1640 0002 3 313 2151 PSForm 3811,Jul 203 Y Domestic Return Receipt � y r CITY OF SALEM, MASSACHUSETTS us BOARD OF APPEAL E `i" F riLCM. MA 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 200b FEB 22 A 10: 2U bhl-iSiu- N OF I HE PETITION OF JACOB AKERS REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3 A hearing on this petition was held on February 8, 2Q06 with the following Board Members present: Nina Cohen, Chairman,Bonnie Belair,Nicholas Helides, Richard Dionne and Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening New in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit and Variance from parking and relief from density regulations to convert existing 2 unit into 3 unit multi-family by adding 2nd emergency egress for the property located at 38 Harbor Street located in an R-3 zone. The provisions of the Salem Zoning Ordinance which is applicable to the request for a Special Permit is Section 5-3 0),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 Sections 8-6 and 9-4, grant Special Permit for alterations and reconstruction of nonconforming structures,and for changes,enlargement,extent 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 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 Variances which have been requested may be granted upon a finding of the Board that: A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same districL B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise,to the petitioner. DECISION OF THE PETITION OF JACOB AKERS REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3 page two 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 of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. Petitioner Jacob Akers,owner of the property at 38 Harbor Street requested a special permit to expand a nonconforming structure by adding an exterior stair at the rear for emergency egress,and a variance from parking to enable him to utilize third floor space as a third dwelling unit in the building. 2. On January 28, 2004 this Board granted this petitioner relief from density regulations to enable him to add a third unit in this building and also granted relief from parking requirements. 3. Petitioner submitted a mortgage site plan dated November 13,2003 and a petition signed by 20 neighbors in support of this request for a third unit and parking variance at 38 Harbor Street. On the basis of the above findings of fact,and on the evidence presented at the hearing the Zoning Board of Appeal concluded as follows: 1. Special conditions do exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 4. The relief requested can 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. 5. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. I DECISION OF THE PETITION OF JACOB AKERS REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3 page three Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the relief requested with 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 building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Unless this decision expressly provides otherwise, any zoning relief granted does not authorize Petitioner to demolish or deconstruct any structure (s)on the property to an extent greater than 50%of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than fifty percent of its replacement cost or more than fifty percent of its floor area at the time of destruction,it shall not be reconstructed except in conformity with is Ordinance. Variance and Special Permit Granted February 8, 2006 Nina Cohen, Chairman J Board of Appeal 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 Laws 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 Massachusetts General laws Chapter 40A, Section 11,the Variance or 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 or the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL OF SALfi- 120 WASHINGTON STREET, 3RD FLOOR S fA SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 11m STANLEY J. USOVICZ, JR. - 10U4.JAN 28 P 3 O-) MAYOR DECISION OF THE PETITION OF JOSEPH AKERS REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3 A hearing on this petition was held January 21,2004 with the following Board Members present: Nina Cohen, Stephen Harris, Richard Dionne, Nicholas Helides and Bonnie Belair. 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 is requesting a Special Permit to extend existing 2 family to a 3 unit building and a Variance from parking requirements for the property located at 38 Harbor Street located in a R-3 zone. The provisions the Salem Zoning Ordinance which is applicable to the request for a Special Permit is section 5-3 Q), 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 Sections 8-6 and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent 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 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 Variances which have been requested may be granted upon a finding of the Board that: A. Special conditions and circumstances exist which especially affect the land, Building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the.petitioner. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the of the Ordinance DECISION OF THE PETITION OF JACOB AKERS REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3 page two The Board of Appeal, after careful consideration of the evidence presented, and after reviewing the plans makes the following findings of fact: 1. The Petitioner Jacob Akers appeared and represented himself at the hearing. 2. A petition was submitted with 20 names in favor of this petition. 3. Mr. Akers would like to expand his 2 family unit to a 3 family. Petitioner also seeks Variance from the parking requirements. 4. There was no opposition. On the basis of the above findings of fact, and on the evidence presented at the hearings the Zoning Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief 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 and approved by the Building Inspector. 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. Exterior finishes of the new construction shall be in harmony with the existing Structure. 6. Petition shall obtain a Certificate of Occupancy shall be obtained. ° DECISION OF THE PETITION OF JABOC AKERS REQUESTING A SPECIAL PERMIT NAD VARIANCE FOR THE PROPERTY LOCATED AT 38 HARBOR STREET R-3 page three Special Permit & Variance Granted January 21, 2004 Stephen Harris Board of Appeal 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 Laws 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 Massachusetts General Laws Chapter 40A, Section 11, the Variance or 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 Cy}tE/C. O. COI='Y ��EONBIT� [ClIllyFI A E OF OC7De CI'N � �'� ed. 7 Permit —CITY OF SALEMSALEM, MASSACHUSETTS 01970 Citof Salem Buildi . ��9�'crrnNeaDH� 221- 1995 DATE MAY 23 19 95 PERMITNO. c:c i- 1595 APPLICANT OWIUER HOME OWNER ADDRESS CONT,$LICENSE) (NO) (STREET) STATE—ZIP CODE TEL.NO, 5LQ-741-0081 CITY - NUMBER OF - PERMITTO ALTERATION ( No) STORYTWO OR MO OED USE) LY DWELLING UNITS (TYPE OF IMPROVEMENT) ZONING - DISTRICT FRj AT(LOCATION) 01D38 HARBOR STREET IN (STREET) AND (CROSS STREETI BETWEEN (CROSS STREETI MRF' �4 LOT 033 BLOCK ¢e 0001780 SO FT SUBDIVISION BUILDING IS TO BE FT.WIDE BV FT.LONG BYFT,IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TOTVPE USEGROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: INSTALL PLL SPIFFY ROCK ON SOME C E I L I NGS R WALLS L. E::. T. Q PERMIT Q 0 00 AREAOR ESTIMATEDCOST.P 1 q SI�ILI FEE $ - VOLUME (CUBIGSOUARE FEET( OWNER - R C) A JORGE. BUILDING DEPT. _ ADDRESS .:e(] I-IAREIOR S fREE: I.. By L. E. I