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29 LINDEN STREET - BUILDING INSPECTION ! � .. ti 7 � '� . n 29 LINDEN'STREET ` s.� � ""` i r rz t,.., 1 � �xi � a' , �: +� `- 'i �osotTq� CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL 2 s, 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01 970 fn TELEPHONE: 978-745-9595 IINli�� FAX: 978-740-9846 nn KIMBERLEY DRISCOLL MAYOR tltllJ��±±pp JJiy —,JC P 2� ()1J" June 5, 2008 HLF # Cl i Y CLI:. Decision City of Salem Zoning Board of Appeals Petition of Edward Burge Jr. requesting variances from minimum side yard width and maximum lot coverage to construct a 13' I1" x 14' second story addition with two landings and stairs at 29 LINDEN STREET [R-2]. A public hearing on the above Petition was opened on May 21, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was closed on May 21, 2008 with the following Zoning Board members present: Robin Stein(Chair), Rebecca Curran, Elizabeth Debski, Annie Harris and Bonnie Belair(Alternate). Petitioner seeks variances pursuant to the following sections of the Salem Zoning Ordinance: Table I: Residential Density Regulations. Statements of fact: 1. The petitioner, Edward Burge Jr., is the owner of 29 Linden Street a property located in the Residential Two Family(R-2) Zoning District. 2. The petition is accompanied by a plan entitled, "Plan of Land 29 Linden Street", prepared by North Shore Survey Corporation, dated April 2, 2008. Additionally, the petition is accompanied by existing and proposed rear elevations, a proposed side elevation, and a photograph. 3. The petitioner is proposing to construct a 13' 10" x 14' second story addition with two landings and stairs at the rear of the property. The Zoning Ordinance requires a minimum side yard width of 10'; the current and proposed side yard width is 9'. The Zoning Ordinance allows for maximum lot coverage of 35%; the proposed lot coverage is 39.8%. The petitioner is seeking variances from minimum side yard width and maximum lot coverage. 4. There were no members of the public who commented on the proposal at the public hearing. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 2 1. There unique conditions affecting the locus and structure, not generally affecting other lots in the neighborhood and Zoning District. 2. A literal enforcement of the provisions of the City of Salem Zoning Ordinance would result in substantial hardship financial or otherwise to the petitioner who would be unable construct an addition in conformance with the ordinances due to the size and layout of the lot. 3. The requested relief is minimal and the proposed addition would not be out of character with structures existing in the neighborhood. Therefore, desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans,Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the 13' 10"x 14' second story addition with two landings and stairs, the petitioner may vary the terms of the Salem Zoning Ordinance, specifically the requirements for minimum lot width and maximum lot coverage to allow a minimum lot width of 9' and maximum lot coverage of 39.8%. 2. 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 (Debski, Curran, Stein, Harris, and Belair) and none (0) opposed, to grant petitioner's requests for variances subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all City and State statues, 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 new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. 3 Ion Stem, Chair 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. 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 has been filed with the Essex South Registry of Deeds. Citp of *a[em, ;fflaggacbugettg °' ra Pubtic Propertp Department Nuilbing Department One Oalem &teen 745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 16, 1990 Ms. Shirley A. Greeke 29 Linden Street Salem, MA. 01970 RE: r,29 Linden Street Dear Ms. Greeke: In answer to your letter dated March 14, 1990, you are still required to obtain a building permit for your shed on the above referenced property. There are requirements in the City of Salem Zoning Ordinance that are necessary in order to build the tool shed (see enclosed copy) . If you do not meet these requirements, you have to apply to the Board of Appeals. Please contact this office to obtain a permit. If I may be of any further assistance, please contact me at this office. Thank you for your cooperation. Sincerely, auresD. Santo Assistant Building Inspector JDS/jmh c.c. ward Councillor City Solicitor BUILDING DEt T p, T 15 8 29 Mil '90 1 CITY OF SALc101ASS.Uj � J Q � � Mol c � � � . a�� � F � s I t � 3 � " a r �ti R F % � � C e { � i ¢ 2 �� � Mgs �- `j � Y g � � � � ` � t � �' $� i e9e 's c yr q t cr t- � � � � Q, t� ? � • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from beingreturned to you:The return�recei t fee will provide you the name of the person delivered to and the datOf delivery. or addmona eel f s the followin�ices are avails e. onsubl C It postmaster Tor s s an c ec r Ox es for additional service(s) requested. 1. i(I Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Exrm charge) 3. Article Addressed to: 4. Article Number Ms :�h,rle�� CreeKe L Type of Service: ❑ Registered ❑ Insured C� Certified ❑ COD Express El Mail Return Receipt S(1 I'e VV,r for Merchandise OI Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Address S. Addressee's Address (ONLY if X requested and fee paid) 6. t Agent/ r ypy,. 7. Date of D ivery 7 rl PS Form 3811,Mar. 1988 + U.S.G.P.O. 1988-212-885 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OJAH OFFICIAL BUSINESSSENDER INSTRUCTIONS Print your name,address end ZIP Code �-�In the space below. ,�,� ��.— • Complete hems 1,2.3,and 4on the _ U.S.MAIL roveros. �(] • Attach to front of article R space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, 9300 Requested"adjacent to number. RETURN Print Sender's name,(�address,and ZIP Code in the space below. TO P 038 763 522 RECEIPT FOR CERTIFIED MAIL NOINSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent t� ,�ti;�Le gree e � Street antl o. f S ' P.O., Satlit— e and ZIP Code J C Postage S _ Certified Fee Special Delivery Fee J Restricted Delivery Fee Return Receipt showing to whom and Date Delivered �N M Return Receipt showing to whom, Date,and Address of Delivery d TOTAL Postage and Fees S g Postmark or Date -E o LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1, It you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at'a post office service window or hand it to your rural carrier. (no extra charge) 2. It you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article, date,detach and retain the receipt,and mail the article. 3. If you want a return receipt, write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. q U.S.G.P.O.1988-217-132 Citp of 6a[em, Alaggacbugettg Public Propertp Mepartment Nui[Oing Mepartment One Rpalem &teen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 9, 1990 Ms. Shirley A. Greeke 29 Linden Street Salem, MA. 01970 RE: 429 iL `nden Street) Dear Ms. Greeke: This office has given you suffieient time to apply to the Board of Appeal to correct the Zoning Violation and Building Code Violation at the above referenced property. Violation of Massachusetts Building Code, Section 121.4: 121.4 Violation penalties: Anyone who shall violate provision of this code shall be punishable by a fine of not more than on thou- sand dollars ($1,000) or by imprisonment for not more than one year, or both, for each violation. Each day during which any portion of a violation continues shall constitute a separate offense. Violation of City of Salem Zoning Ordinance, Sectio IX, Paragraph B: Violations of any of the provisions of this Ordinance shall constitute a misdemeanor. Any person who violates this Ordinance shall, upon conviction thereof, be fined not more than one hundred dollars per violation, and in addition shall pay all costs and ex- penses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. Since you have not taken action on this, you have seven (7) days upon receipt of this letter to remove the shed or file an application to the Board of Appeals. Failure to act on this will result in this office taking legal action against you. c.c. City Clerk Sincerely, City Solicitor Ward Councillor z' James D. Santo Assistant Building Inspector P 152 922 783 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Rev rse) Sen Street n o. P.O.,St e an IP . f Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered n Datura Receipt showingwhom, Date,and Address of Delivery d, � TOTAL Postage and Fees c Postmark or Date M' E 0 LL N R STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. It you do not want this receipt postmarked stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. It you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces an the front of this receipt. If return receipt is requested, check the applicable blocks in item 1 of Form 3811. 6. Savethisreceipt and present it if you.make inquiry. ? u.S.G.P.O.1988 21 -132 UNITED STATES POSTAL SERVICE I I I (I I OFFICIAL BUSINESS SENDERINSTRUCTIONS Print your name,address and ZIP Code In the space below. • Complete nem.7,2,3.and 4 on Me U.S.MAIL rove". • Attach to front of article R space permits, otherwise affix to beck of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested'adjacent to number. RETURN jPr;ien;der's name, a dress, and ZIP Code in the space below. TO • SENDER: Complete Items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to Vou.The return receipt fee will rovide ou the name of the arson delivered to and the date of deliver .ForadditionalTees the o owing services are available. onsu t postmaster Tor Tees an c rec c ox es for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Ext- charge) (Ext-charge) 3. icleRdressto: 4. A icle Number/o , LT T�pe of Service: egietared ❑ Insuree ertified ❑ COD / 7u Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Sig re — as 8. Addressee's Address (ONLY if :X requested and fee paid) 6. Signature —A an X 7. Date of Def ery PS Form 3811, mW 1988 + .S.O.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT Citp of *aieml' Naoubugettg r•9 Public Propertp 3Bepartment �3uilbing ;Bepartment One 9palem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer May 15, 1989 Shirley A. Greeke 29 Linden Street Salem, MA. 01970 29 Linden Street z Dear Ms. Greeke, Acting on complaints to this office, we posted a stop-work order on your property at the above referenced address . You have not obtained a building permit for the shed on the rear of your lot, which puts you in violation of the Mass State Building Code, sect . 113. (permits) and sect . 121 (violation) . To correct these violations, you have to apply for a permit at this office and for the Board of Appeals or remove the woodshed ath the rear of the property within seven days from receipt of this notice. Sincerely, James D. Santo Assistant Building Inspector JDS/eaf c.c. City Solicitor Ward Councillor ..�.Y..I..,.�i�..A"���h` -,. .„ _ .r_,L-.. -•r^.� y _��''•'�'^�:. Mi "' ;•s:;,..;,..,';• �^'°'"t �"'""�', FIELD�-COPY ' '� •'�1.. r* r ITA, k ° CITY OF SALEM BUILDING =° SALEM, MASSACHUSETTS 01970 PERMIT VALIDATION 4(� DATE October 21 19 93 PERMIT 110. 474-93 APPLICANT David Greeke ADDRESS 29 Linden Street IMO.) 151R[(TI I(OM19•, •ICf M!(I Repjace stairs Dwelling NUMBER OF 2 PERMIT TO 1_I STORY DWELLING UNITS (TY,[ O. IMPAOVEMENO N0. IPPOPOSED USE) 29 Linden Street Ward Y ZONING AT ILOCATIONI DISTRICT (x0.1 ISm[11 - BETWEEN AND IC00” STREET) IEPD!! STP[(TI - LOT SUBDIVISION LOT' BLOCK . SIZE• BUILDING IS.TO BE FT. WIDE BY FT, LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION ITTPLI Replace back stairs REMARKS' p poveaatTate A EAYOL LIME ESTIMATED COST J I °000 FEA EEMIT O 20.00 4WNEP Shirly A. Greeke !^DPS°s 29 LInden Street Salem, Mass. John J. Jennings INSPECTOR OF BUILDINGS V INSPECTION RECORD GATE NOTE PROGRESS - CRITICISMS AND REMARKS INSPECTOR CUP of balem, OnoacbUgettg Public Propertp Mcpartment �Q g U3uilbing Mepartment One batem green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 9, 1989 Shirley A. Greeke 29 Linden Street Salem, MA. 01970 RE: 29 Linden Street Dear Ms. Greeke: This letter is to inquire on the progress you are making in obtaining a survey of your property for the Board of Appeals application. Please contact this office and let us know if there is any delay with this procedure. Sincerely, G James D. Santo Assistant Building Inspector JDS/jmh c.c. Ward Councillor Plans must be filed and approved by the Inspector before a permit will be granted. No. 4l7y-93 City Of Salem Ward Y,,cn+n+tc. Is Property Located in the �0 Historical District? Yes_ No a L/_ e� K Home Phone�j Is Property Located in a Conservation Area? Yes_ NoL—� Bus. Phone# L um s APPLICATION FOR PERMIT TO CONSTRUCT POOL, DECKS AND SHEDS Salem, Mass., �C CSE J 7 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies�for a ermit t�oybuil ccording to the following specifications: Owner's name and address J,La i ✓'�J� [7r Ce-�`Q� Architect's name Mechanic's name and address P e _ I Location of building, No. S What is the purpose of building? E6,414reG B Material of building? If a dwelling, for how many families? Will the building conform to requirements of the law? e Estimated cost CjOntractors Lic. No. Signature of applicant /� S�igneAnder the Penalty of Perjury REMARKS �d Lam` No. 47q-9-� Ward /( APPLICATION FOR PERMIT TO CONSTRUCT SWIMMING POOL Location PERMIT GRANTED OC4 — >/ 19q-.� Approved /0c-u/ Vilorng InS cto t CITY OF SALEM BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please Print DATE JJ JOB LOCATION L n S T' Number Street address Sec/tiioon/_o/r—Town / "HOMEOWNER �`i Jr �� / 7C/ Ce�P ( 7`/- �l / 77 C i0V Name Home pnone` Work phone PRESENT MAILING ADDRESS � 7 jyjevL SZ- 122W nz?2 n " City/To n State np Code `he current exemption of "homeowners" was extended to include owner-occupied dweilinas of six units or less ana to allow such homeowners to engage an in- dividual for hire who does not possess a license. provided that the owner acts as supervisor. ;State Building Code Section 109. 1 . 1 ) DEFINITION OF HOMEOWNER: Person(s ) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one to six 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 shall be responsible for all Such work performed under the building Dermit. jSection 109. 1 . 1 -he undersigned "homeowner" assumes responsibility for compliance :vith the State 3uilding code ana other applicable codes. by- laws. rules ana reouiations. The undersigned "homeowner" certifies that he/she understands the City of Salem Building Department minimum n pectin pro ure and requirements and that he/she will comply with sai r :edur s a eq ements. HOMEOWNER 'S SIGNATURE S APPROVAL OF BUILDING OFFICIAL Vh NOTE: -hree family dwellings 35.000 cubic feet, or larger. ,vill be required to comply with State Buildina Code Section 127.0. Construction Control . ✓ r HOME OWNER ' S EXEMPTION he Code states that: "any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109. 1 .1 - Licensing of Construction Supervisors) ; provided that is a Home Owner engages a person(s) for hire to do such work, that sucn Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Requlations for Licensing Construction Supervisors , Section 2. 15) . This lack of aware- ness often results in serious problems . particularly when the Home Owner hires unlicensed persons. In this case your Board cannot proceed against the uniicensed person as it would with licensea Supervisor. The Home Owner actinq as supervisor is ultimately responsible. o ensure that the Home Owner is fully aware of his/her responsibiiities. nany ccmmunities require. as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community.