23 LEMON STREET - BUILDING INSPECTION ' S
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Certificate No: 911-07 Building Permit No.: 911-07
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENCE located at
Dwelling Type
0023 LEMON STREETin the CITY OF SALEM
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-------------------------- - --------------- - - --------- - - -----------
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
23 LEMON STREET
This pemilt is granted in conformity with the Statutes and ordinances relating thereto,and
expires _____.___............................ unless sooner suspended or revoked.
Expiration Date
.. .... ---
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Issued On:Mon Dec 10, 2007
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0023 LEMON STREET 911-07
GIS#: 5858 COMMONWEALTH OF MASSACHUSETTS
Map: 36
Block: CITY OF SALEM
Lot: 0043
Category REPAIRIREPLACE
Permit# 911-07 BUILDING PERMIT
Project# JS-2007-001471
Est.Cost: $40,000.00
• Fee Charged: $271.00
Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO:
Const.Class: Contractor: License: Expires
Use Group: T.M. BERNARD&SONS
Lot Size(sq. ft.): 3654
jZontngi RZ ' Owner: MATT KANYiINSKI
Units Gained: Applicant: T.M.BERNARD&SONS
Units Lost. AT: 0023 LEMON STREET
Dig Safe#:
ISSUED ON: 02-May-2007 AMENDED ON: EXPIRES ON: 02-Oct-2007
TO PERFORM THE FOLLOWING WORK.
CONSTRUCT ADDITION PER ZBA
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground Underground: Excavation
Service- .,. Meter: ''"`n .�.. i . ...Z-.. Foodn
Rough:y�y/0�il�t,//t Rough: Rough. , P a' Fo n
Final://////O`llJ'l I�/ Final: Final Ro Frame:
Fireplace/Chimney:
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Fire HealthInsulation: VOil: ,ZFina• /`-Smoke:
Tea ry: K�
Water: Alarm:
Sewer: Sprinklers:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION?
I LATIO A Y OF ITS
RULES AND REGULATIONS.
Signator
FeeT oe: Rereint sem- .te Paid: Check No: Amount:
BU �(,,.�,�2�` ,y'�,Fgq�` a I�]��1 - 2-May-07 2392 $271.00
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GeoTMS®2007 Des Lauriers Municipal Solutions,Inc.
CITY OF SALEM
"- " BUILDING PERMIT
oNmrA� CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
at�t SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 r?
FAX: 978-740-9846 ,_., c
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KIMBERLEY DRISCOLL
MAYOR v
u';
CD(-
March 2, 2007 �' r
Decision
Petition of Matthew Kaminski requesting a Variance s
for the property at 23 Lemon Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on February 21, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Steven Pinto, Elizabeth Debski, Bonnie
Belair and Annie Harris.
The petitioner, Matthew Kaminski, sought a Variance from side yard setback to construct an
addition to the property located at 23 Lemon 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. Petitioner's property is in the Two-Family Residential (R-2) district and is a
pre-existing, non-conforming structure in a residential neighborhood.
2. The petitioner was requesting a variance to allow for construction of a one-
story addition to be located flush with the side of the existing structure.
3. The width of the side yard setback would be three (3) feet instead of the
required ten (10) feet.
4. One (1) abutter spoke in favor of the petition.
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 for a Variance does not constitute substantial
detriment to the public good as residential uses are permitted in the R-2
district and additions are common to these pre-existing non-conforming lots
and structures.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as residential dwellings are a permitted use
in the R-2 district.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner as the addition would require substantial
reconstruction of the foundation entrance to the basement level.
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, four (4) in favor
(Cohen, Belair, Debski, Harris) and one (1) opposed (Dionne), to grant the request for a
Variance, subject to the following terms, conditions, and safeguards:
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 to and
approved by the Building Commissioner.
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. A Certificate of Inspection is to be obtained.
7. Unless this Decision expressly provides otherwise, any zoning relief granted doe
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area of more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished 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 the Ordinance.
8. Petitioner shall investigate suitable fire resistant materials for the wall facing the
direct abutter and shall confer with the Building Inspector.
Nina Cohen
r
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH 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.
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.