54 LAWRENCE STREET - BUILDING INSPECTION _ J
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BOARD OF APPEAL "CL ER{F�Z S SSC�' 120 WASHINGTON STREET, 3RD FLOOR " C
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( SALEM, MASSACHUSETTS O 1970 QFF Mq
�.. TELEPHONE: 978-745-9595 - l
KIMBERLEY DRISCOLL FAX: 978-740-9846 Ipp6 NQS ,8 `
MAYOR p
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November 6, 2006
Decision
Petition of Pedro Jimenez requesting an Amendment of the previously
granted Special Permit for the property at 54 Lawrence Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 16, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11, and continued to September 20, 2006. The'
following Zoning Board members were present: Bonnie Belair, Steven Pinto, Annie
Harris, Elizabeth Debski, Robin Stein.
The petitioner, Pedro Jimenez, sought to Amend to a previously granted special permit to
allow an additional roofed area over decks for the property located at 54 Lawrence Street
Street, Salem, in the Two-Family Residential (R-2)zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 54 Lawrence Street is within the R-2 zoning district.
2. The plans submitted and approved by the Zoning Board were different from
the as-built plans submitted to the Building Inspector.
3. The roofing area was increased by approximately thirty-six (36) sq. ft.
4. At the first public hearing on August 16, 2006,David Maurice of 24
Cloutman Street spoke against the requested amendment to the original
Special Permit.
5. At the continued public hearing on September 20, 2006, the Petitioner
presented a written agreement between himself and his neighbors regarding
the project.
6. Ward Three City Councilor Jean Pelletier spoke against of the petition at the
public hearing of August 16, 2006.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to amend the previously granted Special Permit does
not constitute a substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Belair,Pinto, Debski, Harris) and none (0) opposed, to grant the request to amend the
Special Permit, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances,codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
3. Exterior finishes of the new construction shall be in harmony with the existing
structure.
4. A Certificate of Inspection is to be obtained.
5. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
6. The Building Department must find that all As-Built plans are permissible and
the stairs as built are acceptable.
Robin Stein
Salem Zoning 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 Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
J
Pursuant to the 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 certificate 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 and 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.
Cite of *aiem, 0amgatbu.5ettg
` r , LM. MA
,H `v OFFICE
�uarb of �ppeaC
2000 !IUN 28iA H: 25
DECISION OF THE_PETITION-OF PETER-JIMENIEZ.AND_DEBRA_JOYCE . -.
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 54 LAWRENCE
STREET R-2
A hearing on this petition was held June 21, 2000 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Paul Valaskagis and Stephen Buczko.
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.
The petitioner is requesting a Variance from side setback to construct a 3-season room
for the property located at 54 Lawrence Street.
The Variances, which have been requested, may be granted upon a finding by this
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 the 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 petitioners appeared and represented themselves at the hearing.
2. Plans were submitted showing a 12 x 12 three-season screen room to be built on
supported existing deck with outside entrance.
3. Letters of support from 5 abutters and neighbors were submitted.
4. There was no opposition to the plan.
,ALEN, MA
._ .I; OFFICE
DECISION OF THE PETITION OF PETER JIMENIEZ AND DEBRA JM EIN 28 A If: 2S
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 54 LAWRENCE
STREET R-2
pagetwo
On the basis of the above findings of fact, and on, 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 petitioner.
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 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state stature ordinances, codes and codes
regulations.
2. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Inspector.
3. Petitioner shall obtain a building permit prior to beginning any construction.
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 Occupancy shall be obtained.
Variance Granted
June 21, 2000
Richard Dionne, Member
Board of Appeals
w'
DECISION OF THE PETITION OF PETER JIMENIEZ AND DEBRA JOYCE
REQUESTING A VARIANCE FOR THE PROPERTY 54 LAWRENCE STREET R-2
page three
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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.
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rAPPLICATION IX ADULT NUMBER Trial Court of Massachusetts
IC FOR COMPLAINT ❑ JUVENILE District Court Department
❑ ARREST , HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within
named defendant, charging said defendant with the offense(s) listed below. as
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE salleft MA.01M
7/27/94 1 6/94 54 Lawrence St., Salem
NAME OF COMPLAINANT
City of Salem, Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT
One Salem green Massachusetts State Building
Salem, MA 41970 Section 104.1/104.2
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Federal National Mortgage Association
3900 Wiscon"n ire., NW _ 3.
Washington, DC 20016
4.
CO RT USEA hearing upon this complaint application7 DATEOF HEARING TIMEOF HEARING COURT USE
ONLY--o, will be held at the above court address on r( .' `c r m AT *—ONLY
CASE PARTICULARS IBE SPECIFIC
NAME OF VICTIM _ DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, - Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
1
2
3
6
OTHER REMARKS:
Failure to acknowlegge correspondence and to comply with
State Building Coda.
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR
OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
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DPCR2(3/80) �/
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Mtv of #alem, massac4usctts
a" "a Ilublic Propertq %partment
iBudbing Department
(One t)etrm 6rern
508-745-9595 $xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building June 15, 1994
Zoning Enforcement Officer
Federal National Mortgage Association
3900 Wisconsin Avenue NW
Washington, DC 20016
RE: 54 Lawrence St. , Salem, MA 01970
Dear Sir/Madam:
In response to complaints received regarding the above referenced
property an inspection was conducted and the following violations were noted:
1. Unregistered, uninsured vehicles in driveway.
2. Weeds and overgrowth of grass in front, rear and side yards.
3. Missing balusters on front stair rails.
4. Stair rails on rear stairs not conforming to State Building Codes.
5. Basement windows need major repairs.
6. Trash must be removed from hallways and around property.
Please contact this office upon receipt of this letter to inform us of
your intentions to correct these violations. Failure to comply will result in
the appropriate legal action being taken.
I thank you in advance for your anticipated cooperation and prompt
attention in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
LET:bms
cc: David Shea
N. LaPointe, Fire Inspector
Councillor Donahue, Ward 3
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aint-Arrant EddieMlchalski
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RobertOrr
ROES
mAllen PERCUSSION
>nlascone RoyalJones
Kathy Owen
RINETS MurrayBurnstine
carangeilo ORGAN
as Fill RobertHumphrevdle
rs Ozols
Raymond
LIBRARIAN
T Joseph Glennon
Gross Dorothy Travis
OON PERSONNELMANAGER
alpert MaryAnn Weeks
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Cfitg of *Ulem, massac4usetts
Public Pra}tertp Bepartment
Nuilbing Department
(One Belem !Breen
500-745-9595 Fxt. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building June 8, 1994
Zoning Enforcement Officer
John P. Keane, Jr.
9 Riverbank Road
Salem, MA 01970
RE: 54 Lawrence St.
Dear Mr. Keane:
In response to complaints received regarding the above referenced
property an inspection was conducted and the following violations were noted:
1. Unregistered, uninsured vehicles in driveway.
2. Weeds and overgrowth of grass in front, rear and side yards.
3. Missing ballasters on front stair rails.
4. Stair rails on rear stairs not conforming to State Building Codes.
5. Basement windows need major repairs.
6. Trash must be removed from hallways and around property.
Please contact this office upon receipt of this letter to inform us of
your intentions to correct these violations. Failure to comply will result in
the appropriate legal action being taken.
I thank you in advance for your anticipated cooperation and prompt
attention in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
LET:bms
cc: David Shea
N. LaPointe, Fire Inspector
Councillor Donahue, Ward 3
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AUIVIIN15I HAI IU14 A14U H*-UHULIALN I
Department of Public Safety shall be notified in writing within seven (7) working
days of any action taken under this section.
101.4 Referenced Standards: Where differences occur between provisions of this
code and referenced standards, the provisions of this code shall apply.
SECTION 102.0 ORDINARY REPAIRS
102.1 General: Except as provided in Section 113.1, a permit shall not be required
for ordinary repairs to buildings and structures.
SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT
103.1 General: When the installation, extension, alteration or repair of an
elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or
ventilating apparatus, plumbing, gas piping, electric wiring, ]seating system or any
other equipment is specifically controlled by the provisions of this code or tlse
approved rules, it shall be unlawful to use such equipment until a certificate of
approval has been issued therefor by the building official or other agency having
jurisdiction.
SECTION 104.0 MAINTENANCE
104.1 General: All buildings and structures and all parts thereof, both existing and
new, shall be maintained in a safe and sanitary condition. All service equipment,
means of egress, devices and safeguards which are required by this code in a
building or structure, or which were required by a previous statute in a building or
structure, when erected, altered or repaired, shall be maintained in good working
order.
104.2 Owner responsibility: The owner, as defined in Article 2, shall be
responsible for the safe and sanitary maintenance of the building or structure and
its exitway facilities at all times, unless otherwise specifically provided in this code.
Corrected 780 CMR - Fifth Edition 1-3
APPLICATION ZX ADULT NUMBER Trial Court of Massachusetts y
FOR COMPLAINT ❑ JUVENILE District Court Department
❑ ARREST 3 HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within Satter 1l3str3Gt Court
named defendant, charging said defendant with the offense(s) listed below. ft Washington Street
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE SHifM MA.01970
7/27/94 1 6/94 =54 Lawrence St., Salem
NAME OF COMPLAINANT
City of Salem, Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT
One Salem green Massachusetts State Building
Salem, MA 01970 Section 104.1/104.2
2.
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Federal National Mortgage Association
391)0 Wiscond a t!►►a ,-. - _ . ...- ----. _ 3.
_F@p4ington,_DC 20016
a.
COURT USE I A hearing upon this complaint application DATE OF HEARING TIM OF HEARING COURT USE
ONLY will be held at the above court address on I (rcuFu✓ /c? AT//, ONLY
CASE PARTICULARS BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE:OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
1
2
3
q
OTHER REMARKS:
Failure to ,acknowlegge correspondence and to comply with
State Building Codd.
X ✓t! - '
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOFBIRTH PLACE OF BIRTH SOCIALSEGURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR
OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
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DC-CR2(3188)
To: Leo Trembaly
From: Linda White
Date: August 6, 1996
Re: Curb Cuts
P se advise if these curb cuts are in accordance with requirements:
X54 Last--- Debra Joyce\Peter Jiminez
4 3-5' cut for driveway (740-9773)
(J' 5 Lemon St - Susan Keenan cn
8' cut
5 Manning St - Adams C
10' cut
Thank you.
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RICHARD W. GRIFFIN
PEDRO JIMENEZ PROJECT
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