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61 JEFFERSON AVENUE - BUILDING INSPECTION f � , � � � ��r-�-So ,J �,,� CITY OF SALEM, MASSACHUSETrs BUILDINGDEPARTMENT 120 WASHINGTON STREET,3'm FLOOR 9�/YfbS TEL:978-745-9595 KIMBERLEY DRISCOLL FAx: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER February 23,2012 Den Two Realty Trust Eric Palm Trustee 61 Rear Jefferson Avenue Salem,Massachusetts 01970 Owner, This office received a complaint regarding your property located at 61 Rear Jefferson Avenue, it was investigated on Thursday,February 16th, 2012, and your property was found to be in violation of the City of Salem Zoning Ordinance: your property is located in an Industrial Zone, social clubs and assembly uses are not allowed in this District.Upon inspection the unit was determined that with its, unpermitted layout,the presence of furniture and other accessories is deemed to be a social club/place of assembly. The purpose of the investigation was also to identify any safety concerns and code violations noted during the visit as required in accordance with the Massachusetts Building Code 780 CMR. This Department has no record of a required building permit for any of the work obvious on first floor and mezzanine levels of the unit. The negligence in the filing for these permits (Section 105.0 of 780 CMR, the State Building Code) and subsequent permit fees, Debris Disposal Affidavits, Worker's Compensation Affidavits are required to be submitted prior to the start of construction. Though as stated above these permits would have been denied due to the non-compliance of the use group in your Zoning District. The most concerning off these violations that were the non-existence of life safety equipment: lighted exit signs, emergency lighting, horn strobes, and strobes etc. in the illegally constructed assembly unit. Furthermore; lack of code compliant panic and/or lever egress hardware in exit stairways and corridors. These violations must be corrected immediately. 1- Inadequate fire separation between dwelling units at multiple wall locations and door openings. (780 CMR 603) 2- Mechanical and utility area shall not be used for storage for any purpose and at all times a 36"work area shall be maintained around all equipment. 3- Exit passageway in unit is being used as storage limiting the required egress from the unit. (780 CMR 1023.1 Exit Passageway. "Exit passageways serving as an exit in a means of egress system shall comply with the requirements of this section. An exit passageway shall not be used for any other purpose other than as a means of egress.') ��e"` CITY OF SALEM, MASSACHUSETTS a�;i1 ._ itg. BUILDING DEPARTMENT s4= _ 120 WASHINGTON STREET,3RD FLOOR Ae""""""" TEL: 978-745-9595 FAx: 978-740-9846 KINMERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER 4- No guards on un-permitted wood stairs and mezzanine. (780 CMR Section 1013–Guards) S- Exit Stairways section 1020.1—"an exit shall not be used for any purpose that interferes with its function as a means of egress"Exit stairways can have no chairs, desks, boxes, etc. or used for storage of objects at any time as was the situation and noted at the time of inspection.Including storage of materials under stairway. 6- The un permitted assembly use does not have two means of egress. (780 CMR 1015.1-Exits or exit access doorways from any space shall be provided....) 7- Use of a "Modine"style heater is not permitted by State or local plumbing codes, in addition the required clearances around the unit are insufficient at present time, including the storage of combustible materials in and around the unit. You shall immediately Cease and Desist use of this heating unit due to life safety concerns and fi. You are hereby ordered to vacate the unit immediately and to secure permits for the removal of the illegally located and unpermitted unit. Said violation must be cease and desist immediately upon your receipt of this notice. Failure to do so may result in further actions being brought against you,up to and including fines and the filing of complaints at District Court. If you feel you are aggrieved by this order,your Appeal is to the Salem Zoning Board of Appeals. Thank you in advance for your cooperation. If you have any question please feel free to contact the Building Inspector's Office. Respectful]yi'% ��� / Michael E. Lutrzykowski Assistant Building Inspector Cc: file, Jason Silva,Electrical Department, Fire Prevention CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER February 13, 2012 Den Two Realty Trust Eric Palm Trustee 61 Rear Jefferson Avenue Salem Ma. 01970 Required Inspection Dear Owner, This Department has received reports that parts of your building, located at the rear of 61 Jefferson Avenue, are being used for a Social Club. Your property is located in the Industrial Zone. Social clubs are not allowed in this District. Additionally, there are no building permits for any construction in this unit. Under the Authority of the Mass. State Building Code 780 CMR section 104.6 an inspection is required. This inspection is scheduled for Thursday Feb. 16 at 1:00 P.M. If you feel you are aggrieved by my zoning interpretation, your Appeal is to the Salem Zoning Board of Appeals. If you feel you are aggrieved by the Building code sections, your Appeal is to the Board of Buildings, Regulations and Standards in Boston. Thoma St Pierre Director of Ispectional Services/Building Commissioner Cc Jason Silva, Fire Prevention SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign item 4 if Restricted Delivery is desired. ent III Print Print your name and address on the reverse X Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑ No 1-141pl^ Ty✓T, ", sdSn ✓/-l�i�rn /ylgf U ♦si7 C6rtifie8lj ❑Express Mall © ❑ Registered Return Receipt for Merchandise ❑ Insured Mail C.O.D. �d 10cted (FX.Fee) ❑Yes 2..Article Number d p (Tfansler from service label1 PS Form 3811,February 2004 Domestic Return Receipt 102e9eo2-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail 0, ostag d "LPN WT 'fvf� VMS ."it • Sender: Please print your name, address, and ZIP+4 in this box Q RAYMOND T. GUERTIN ARCHITECT July 7, 1997 City of Salem Department of Code Administration City Hall Annex One Salem Green Salem, MA 01970 Attn: Leo Tremblay, Inspector of Buildings Re: Atlantic Paving Storage Building 61 Rear Jefferson Avenue Salem, Massachusetts Dear Mr. Tremblay: In accordance with the provisions of Section 116 of the Massachusetts State Building Code (Sixth Edition), I hereby certify that the construction of the new metal storage building and concrete foundations are in accordance with the plans and specifications and that the structure is suitable for occupancy. Should you have any question regarding the above, please do not hesitate to call. Respectfully submitte , l i Raymon T. G ert' , Architect cc: Norman Dube, Atlantic Paving 18 TULANE ROAD,DANVERS,MA 01923, TELEPHONE(508) 774-8169 v��CONDIT4��'s . BOARD OF ASSESSORS 93 WASHINGTON STREET, CITY HALL, SALEM, MASSACHUSETTS 01970-3595 7a 4 y f, o (508) 745.9595 Ext. 261 is - ;., ✓ (508) 744-9327 FAX 9e�IMINE��. June 10, 1997 Deborah E. Burkinshaw City Clerk City Hall Salem MA 01970 Dear Miss Burkinshaw: Please be advised that the new commercial building to be constructed by Atlantic Paving behind the building at located at 61 Jefferson Avenue (Parcel#24-0113) has been assigned the street address of 61 Rear Jefferson Avenue. _V 19 yours, /; Peter M. Caron Chairman cc: Postmaster Joseph L. Leccese Chief Robert Turner, Fire Dept. Helen Jiadosz, Water Dept. Leo Tremblay, Inspector of Buildings Capt. Paul Murphy, Police Dept. Norman Dube, Den Realty Trust. 7 Read St., Salem MA 01970 >.o WILL''AM F. A90pTT %fis `O ti (/;/y ey JAMES M. BOULDER REPS PO (9i Yf JOSEPH F. OOYLE f�l� 'IGJ aii StlJl S3 AAAA (I/M(.L LJrll� U.J iJ CCL Y J JOHN M. GRAY. $R. 1 ` (AtN 71 ^��yi`� ry}l y9q ARTHUR LAIRECO VE �� 5 • �`�I J {3 1'11 t 91 FYld1Y Yd ��.p�y EMERY P.. TANCH J. NORMAN WELCH. JR. rr��77 1 DEC'SS }�4"F11PfI0N OF ALBERT AND LORRAINE ST. PIERRE TO RE- D I NG NON-CONFORMING STRUCTURE AT 61 JEFFERSON AVENUE FOR USE AS A RESTAURANT AND A VARIANCE FROM APPLICA- BLE TERMS OF CITY ZONING ORDINANCE DENSITY REGULATIONS FOR INDUSTRIAL DISTRICTS. This is an appeal from a refusal by the Building Inspector to issue a build- ing permit to remodel an existing building located at 61 Jefferson Avenue, Salem, as a restaurant , .citing the requirement of the Ordinance for an Industrial District for lot area of 40,000 square feet with frontage of 150 feet and maximum lot coverage of 45%, setbacks from all boundary lines of thirty feet. After public hearing held on November 20, 1972 , in accordance with Section 17 of Chapter 40A, at which time this Board heard from the Petitioners , their attorney, members of the general public in favor of the granting of a variance and those opposed, the Board finds the following: That the operation of a restaurant at 61 Jefferson Avenue is a permitted use allowed by the City Zoning Ordinance . The Ordinance permits in I Districts , Industrial) "All uses permitted in B-4 Districts , subject to all provisions specified for such uses . . . B-4 Districts allow "All uses permitted in B-1 Districts , subject to all pro- visions specified for such uses, . . . B-1 Districts allow "Restaurants and other eating places which do not serve alcoholic beverages consumed on the premises , and including drive-in restaurants and drive-in snack shops" . That the lot and existing building thereon do not conform to the lot size requirement of 40,000 square feet, frontage requirement, of 150 feet and the off-street parking requirement of one space for each two employees plus fif- teen spaces . However, the Board finds that the existing build_ingphysical definition of the lot area and boundaries existed prior to the effective date of the Ord- inance and finds that an actual hardship both practical and economic exists relative to the use of the lot and building thereon by Petitioners . It has been determined by ,the Board that provision for eleven off-street parking spaces on the lot will prevent serious on-street parking problems in the area. The Board finds additionally: 1 . That special conditions and circumstances exist especially affecting the building and lot involved partially due to its pre-existing non-conformity and which are not generally affecting other lots and builo.i.ngs in the same district . 2. Literal enforcement of the provisions of the Ordinance would tnvo>lve. _ 2 substantial financial hardship to the petitioners. 3 . That 'a variance to the terms of the Ordinance may be granted without substantial detriment to the public good and without nullifying or substan- tially derogating from the intent or purpose of the Ordinance . By unanimous vote the Members present voted to grant this appeal; the Board places a condition which must be met prior to the operation of the proposed restaurant which requires that parking be provided for no less than eleven ears on the lot in question. Board Members present were Chairman John M. Gray, Sr. , Acting Secretary j William F. Abbott , Donald Koleman, and Warren. Baughn. 1 APPEAL GRANTED WITH CONDITION. 11 1 CITY OF SALEM - BOARD OF APPEALS, 0 BY �e (Acting) Secretary nN„ w i U - Ui ? Ln to W 4! ;OUJ >-40 U � W j 'fib/, mi/itj('Lq ki/ilru,ed W,,, AREA 6T) 5,¢03 SQ. FT. .. _ 17( y Grnc i j tiv na�,c" cont land, AX 7;t ljc 4 Canpot y Inc. THIS PLAN HAS BEEN REDUCED. FGR CORRECT SCALING SEE ORIGINAL ON FILE 9WX RfOi5rVV Of DUDS, 50, DST.SALA At Mali ?• RkeY67`1iSJ3f;,.r,.N0.3nnS31s�a VD/ R.y:arar of patp - 1j Iii 61 1�0 SALEMaitic drwd "' 8'ostan . and Marne Raitiro�d-7o- 1j e M. Mahuney Ya/ ;pec u Afnp 14 P1 Pci T,6 Scate 1' �Qft. Sept 195 cAu� 5"f p G<ct o °sem LOCO$ 9p TSRF N A✓e 9 S Feld 5 6..1 HoSP,IgI LOCUS MAP NIF BOSTON 8 A14 INC ,gAILROAD NOTES• n SOUTH MILL POND R-C 1. ZONING OlS7R/CT INDUSTRY S 23° 55 50" TION � RECORD LOCA LOT AREA 40,000 SF LOT FRONTAGE 150 FT. 172 52 W 552 . 23 �- 2. ASSESSORS MAP 24 LOT 113 ' APPROXIMATE ZONING J. DEED REFERENCES BOOK 4760 PAGE 19 ' DISTRICT LINE BOOK 5060 PAGE 168, BOOK 5964 PAGE 196 ' 3 379. 71 -- 4. PLAN REFERENCES. PLAN BOOK 96 PLAN 6 PLAN BY ESSEX SURVEY SERVICE DATED 6'-3-70 I 5. ZONING DISTRICT= RC LOT I 12 N LOT AREA 90, 000 SF LOT FRONTAGE 2010 FT. 40 , 003 ± SF . F co ' Qz W /70. 6ELOT 2 N 1 8°08 '40"E 9070071 SF . 233 3 �0 Lli N/F � 3 ' HIA PEARL CORP. v o CD APPROVAL UNDER THE SUBDIVISION � o vN-�+ N/F A . C. TI TUS & CO. INC. CONTROL LAW NOT REQUIRED o _ EX I ST I NG SALEM PLANNING BOARD _ _ m z r N z METAL 1 BUILDING ZJ � "� ' f ham.--.• W I ��, N o . 61 11 7 ' N ll DA 7E s18°08'40-W o 1 16. 11 150.00 ' 50.00 = z 256 . 00 .a- N 18908 '40" E 406. 00 JEFFERSON AVENUEAveAye . T L°rin9 0 SUBDIVISION PLAN OF LAND LOCATED IN SALEM , MASS . PREPARED BY FOR REGISTRY USE ONLY EASTERN LAND SURVEY ASSOCIATES, INC. CHRISTOPHER R. MELL 0, PLS 104 LOWELL ST. PEABODY MA. 01960 (508) 531 -8121 I HEREBY CERTIFY THIS PLAN CONFORMS SCALE: 1 " = 40' OCTOBER 29t1996 TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMON- PREPARED FOR WEALTH OF MASSACHUSETTS. JOHN PENNI 77-IIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE " L\-Mm. _____ _ _ - - .------------------_---- NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE " -- _ - _- !" J� OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED 0 20 40 80 120 160 EASEMENTS. F 10426