39 HARBOR STREET - BUILDING INSPECTION 39 HARBOR STREET
CITY OF SALEM9 MASSACHUSETTS uiI Y C'1M;
y BOARD OF APPEAL CLERK'S OF CE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 gp
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 "B� OCT26 L ^
MAYOR FAX: 978-740-9846 P 2-- 28
DECISION OF THE PETITION OF MEROPE DELUCA MANAGER REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 39 HARBOR STREET R-3
A hearing on this petition was held on October 19, 2005 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Steven Pinto, Robin Stein
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 New in accordance with
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance from the number of stories to create a rooftop
deck for the property located at 39 Harbor Street located in a R-3 zone.
The Variances, which have been requested, upon a finding 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 structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners..
c. Desirable relief may be granted without substantial detriment to the public good and
Without nullifying or substantially derogating from the intent of this district of the
purpose of the Ordinance
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. The property located at 3941 Harbor Street contains two 4-story residential building.
2. The Petitioner is seeking variances from the height requirement of Section 6-4 of the
City of Salem Zoning Ordinance that restricts height in the R-3 District to 3 '/z stories.
3. Attorney Stephen Lovely of 14 Story Street appeared and presented this petition.
4. Granting the requested relief will have a positive impact on the use and enjoyment of
the residents of 39-41 Harbor Street and is consistent with the intent and purpose of
said Ordinance.
5. There was no opposition to this petition.
DECISION OF THE PETITION OF MERPOE DELUCA MANAGER REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 39 HARBOR STREET R-3
page two
On the basis of the above finding of fact, the evidence presented at the hearing, 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 Zoning Ordinance would involve
substantial hardship to the petition.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
3. All construction shall be done as to the plans and dimensions submitted and approved
by the Building Commissioner.
4. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall install additional security locks to access deck area. c
Variance Granted Robin Stein
October 19, 2005 Board of Appea�
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
No�o?s"9 City of Salem Ward
APPLICATION
FOR
PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION
IMPORTANT-Applicant to complete all items in sections:1, Il, /it, IV, and IX.
I. AT(LOCATION)
3? 114 u R Shte e of°sTRIC
LOCATION (NO.) (STREET)
OF BETWEEN AND
BUILDING (CROSS STREET) (CROSS LOTET )
SUBDIVISION LOT BLOCK SIZE
II. TYPE AND COST OF BUILDING -All applicants complete Parts A -D
A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION"USE MOST RECENT USE
1 ❑ New building Residential Nonresidential
2 ❑ Addition(tl residentiat,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational
housing units added,M any,in part D,13) �✓ 19 ❑ Chruch,other religious
13 UTwo or more family-Enter number
3 ❑ Alteration(See 2 above) of units .........$. ........................................ 20 ❑ Industrial
21 [:] Parking garage
4 Q Repair replacement 14 ❑ Transient hotel,motel,or dormitory- 22 E] Service station,repair garage
Enter number of units ...........................
5 ❑ Wrecking(if muttilamily residential,enter number 23 ❑ Hospital,institutional
of units in building in Part D, 13) 15 ❑ Garage
24 E] Office,bank,professional
6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility
7 ❑ foundation only 26 ❑ School,library,other educational
17 ❑ Other-Specify 27 ❑ Stores,mercantile
B.OWNERSHIP 28 ❑ Tanks,towers
8 Private(individual,corporation,nonprofit
institution,etc.) 29 ❑ Other-Specify
9 ❑ Public(Federal,State,or local government
C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant,
machine shop,laundry building at hospital,elementary school,secondary school,college,
......... ....�.�eU parochial school,parking garage for department store,rental office building,office building
10. Cost of improvement
""""""--""""'-"""'. $« ��" at indust';;z
isting building is being changed,enter proposed use.
Tobe installed but not included � AJ��in the above cost
a. Electrical........................................................................... 1
b. Plumbing..........................................................................
c. Heating,air conditioning.............................................
d. Other(elevator,etc.).....................................................
11. TOTAL COST OF IMPROVEMENT
III. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition,
complete only Parts J& M, all others skip to IV
E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL
30 Masonry(wall bearing) 35 Gas 40 ❑Public or private company Will there be central air
31 ❑ Wood frame 36 ❑ Oil 41 ❑ Private(septic tank etc.) conditioning?
32 ❑ Structural steel 37 ❑ Electricity 44 ❑ Yes 45 E:rNo
33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator?
34 ❑ Other-Specify 39 ❑ Other-Specify 42 ✓❑Public or privatecompany
46 ❑ Yes 47 [TN,
43 ❑ Private(well,cistern)
J.DIMENSIONS M. DEMOLITION OF STRUCTURES:
48. Number of stones .......................1....................................
floor
49. Total squors,re based
n exterior
Has Approval from Historical Commission been received
all floors,based o f exterior PP
dimensions ........................................................................ for any structure over fifty(50)years? Yes_ No
50. Total land area,sq.n............. Dig Safe Number
K.NUMBER OF OFF-STREET PARKING SPACES Pest Control:
51. Enclosed ................................-............................
..............
52. omHAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED?doors............................................................................ Yes No
L RESIDENTIAL BUILDINGS ONLY Water:
53. Enclosed........................................................................:.... - Electric:
Gas:
54. Number of
Full ......................... Sewer:
-
bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED
Partial.....`.. BEFORE A PERMIT CAN BE ISSUED.
IV. COMPLETE THE FOLLOWING:
Historic District? Yes_ No (If yes, please enclose documentation from Hist. Com.)
Conservation Area? Yes_ No (If yes, please enclose Order of Conditions)
Has Fire Prevention approved and stamped plans or applications? Yes_ No
Is property located in the S.R.A.district? Yes_ No_
Comply with Zoning?. Yes—Z No (If no,enclose Board of Appeal decision)
Is lot grandfathered? Yes/ No (If yes,submit documentation/if no,submit Board of Appeal decision)
If new construction, has the proper Routing Slip been enclosed? Yes_ No /A
Is Architectural Access Board approval required? Yes_ No_�(If yes, submit documentation)
Massachusetts State Contractor License # OSf6V1;-- Salem License# 7 U
Home Improvement Contractor # h 1 no Homeowners Exempt form (if applicable) Yes_ No
CONSTRUCTION TO BE COMMENCED WITHIN SIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT
If an extension is necessary, please submit
CONSTRUCTION IS TO BE COMPLETED BY: in writing to the Inspector of Buildings.
V. IDENTIFICATION - To be completed by all applicants
Name Mailing address-Number,street,city,and state ZIP Code Tel.No.
Owner or
ort (2�r�1 s+ G,96o f z990
Lessee gfkA L,r <I�*+� A.L AAA
z. .J_qC C.xro 19 OS
Contractor Builder's
An TA1(o,tJ W , Yp b, 0k6a License No.
3.
Architect or
Engineer
I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application
as his authorized agent aLq±3eM to conform to all applicable laws of this jurisdiction.
re of app Addres Application date
lJ
11-11-9
DO NOT WRITE BELOW THIS LINE
VI. VALIDATION
Building �� /J` FOR DEPARTMENT USE ONLY
Permit number 7
Buildinguse Group
Permit issued / �� 19 9
Fire Grading
Building 'l
Permit Fee $ ^ "v Q Live Loading
Occupancy Load
Certificate of Occupancy $ Approved by:
Drain Tile $
Plan Review Fee $ d
TITLE
NOTES AND Data• (For department use)
PERMIT TO BE MAILED TO: 1
DATE MAILED:
Construction to be started by: Completed by:
VI ZONING PLAN EXAMINERS NOTES
DISTRICT.
USE
FRONT YARD
SIDE YARD SIDE YARD
REAR YARD
NOTES
SITE OR PLOT PLAN -For Applicant Use
O N
P
� E
COMMONWEALTH OF MASSACHUSETTS
E DEP ., g2�Ir OF I*TDUS'IRIAL ACCIDENTS
� y 600 WASHINGTON STREET
BOSTON, MASSACHUSETTS 02111
_aures . :anooel•
"ipne
WORKERS, COMPENSATION INSURANCE AFFIDAVIT
I ICC"SCCI nermtneeI
with a principal place of businessiresideeencc/at:
GrJ•! Abad /y/4• 0/�6�
(CiryiSuceiZipl
do hereby certify, under the pains and penaicies of perlury, that.
ram an emoiover providing the following workers compensation coverage for my empiovees working on rht3
lob.
Insuranc Company
Policy Numocr
I am a sole oro rieror and have no one working forme.
[ ] I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contm=rs listed bele
who have the following workers' compensation intuits¢policler.
omQany/Policy Number
Name of Con ctot lnstuznrL C
`Jame or Contractor insurance CompanyiPoliev Number
Name of Contractor Insurance CompanviPohCv Number
[] 1 am a homeowner performing all the work myself.
NOTE Please be aware that while bomeewnen wee emoicy perwa to do...'"Mance.constmatoo or regir went on r
d weiline of not more than mrm times NOTE-
which the homeowner aim resides or on me grounds appurtenant thereto are not generally
considered to be eropioyers under the WorkerCompeaauoa Act(GL C. 152.secs. 1011. appiiuuon by a bomtowtrcr for a lion
or oermtt may"dente me legal sums clam
employer under the Worker' Compensation Acs.
understana that a coot of this statement will be iorw �ed to me Devart:oent or Indusmai Accdena' OEFce of Insurance for mien
lenncauon and that faiium to secure o reraee u momma under Section 15A of MGL 152 can uaa to me imvosiuon of"mural vena
_onsisune of a lure of up to S]500.00 anaior tmvmonment of upset one year and dill penaiues mme farm of a Stoo Work Order an
rant or S 1 o0.00 a day aeamst me.
g day of
-1 19 93
Sicned r
'_icenseei Permmee Liceasori Pezmtttor