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13-13 1/2 MEADOW STREET - BUILDING INSPECTION 13-13$ Meadow St. II 1 July 11, 2017 William PetersonAlA, NCARB Derby Square Architects Inc. 1 10 Derby Square, Garden Suite NB Salem, MA 01970 Reference: 13 Meadow Street, Salem, MA Global Engineering Advisors Letter Dated March 25, 217 C Subject: Foundation Design Dear Bill: This letter is in response to the July 5th phone call from Thomas (Tom) St. Pierre, Salem's Inspectional Services Director, referring to my above referenced March letter which pertained to placing a proposed concrete cap beam/sill on the existing cemented rubble stone foundation at 13 Meadow Street. He requested that I provide a follow-up letter clarifying,that the proposed foundation did meet the Massachusetts State Building Code (780 CMR) seismic design requirements. The Massachusetts Residential Code 780 CMR 51.00, R401.5 states that seismic requirements shall only apply to, townhouses and shall not apply to one- and two-family dwellings. Since the proposed structure for 13 Meadow Street is only a one-family dwelling, there are no specific code requirements for the seismic design of the foundation. However, IBC Code Section 1807.1.3 does require that at rubble stone walls to be used as foundation walls, which is the case at 13 Meadow Street, be not less than 16 inches thick. To address this requirement, I conducted a second field inspection of the ongoing construction work at the site on Thursday July 6, 2017. Due to on-going construction, more portions of the existing cemented rubble stone wall were exposed. At the time of the inspection there were some wooden forms and some placement of reinforcing steel for the proposed concrete cap beam set in place atop the existing foundation wall. Field measurements of wall thickness at the top of the existing rubble stone wall, ranged from 16-inches to 18-inches with some cases where the width being only GLOBAL ENGINEERING ADVISORS 56 BALCH FARM ROAD BENNINGTON, NH 03442 1 0BECKQa MCTTELECOM.COM 1 603.547.74i8. r . DERBY SQUARE ARCHITECTS 13 MEADOW STREET, SALEM, MA — FOUNDATION DESIGN July 11, 2017 Page i greater than 12-inches. It is reasonable to expect that the thickness at the bottom of the existing nominal 6-foot high rubble stone foundation wall will be 16-inches or greater. Taking into considerations the condition of the existing wall and the proposed modification, the wall will meet the code intent of having a minimum 16- inches of thickness. Base on both of ours recent inspections of the work, you updated the Foundation Plan on Drawing S1.0, and issued it as Revision 2, dated July 7, 2017. Updated Drawing S1.0 does reflect the requirements of the proposed concrete cap/sill beam on top of the existing cemented rubble stone foundation wall as provided in my March 25, 2017 letter to you, and addresses conditions of the existing foundation wall needing further modifications. As a Professional Structural Engineer, it is my opinion that the existing cemented rubble stone foundation wall with modifications as shown on the Derby Square Drawing S1.0, Rev. 2 dated July 10, 2017 is structurally suitable to support the proposed two-story single-family dwelling structure at 13 Meadow Street, and meets the structural requirements of Massachusetts Residential Code 780 CMR for a single-family dwelling. Should you have any questions and/or require further information, please so advise. Sincerely, 3�F'P`SH OF o lam' o� DAVID yc David A. Beck, PEo B K m � STR TUR .p 3 David A.Beck,P.E. Licensed Professional Structural Engineer in Massachusetts, flFG 1ST/S7EEHG�O License Number 32208,Expiration 06130/2018 ONAL Phone: 603.5477418 Email: DBeck(a)MCTTeleCom.com GLOBAL ENGINEERING ADVISORS 56 BALCH FARM ROAD BENNINGTON, NH 03442 1 DBECK@a MCTTELECOM.COM 603-547-7418 0✓, G DNATNATFN.F.Al� NO AT AREAE OF PLATT REPRESENT NEARLY TN N`AONRY WNDFANN /^ YIRR V LE 0nxGERAi Exo PoUREO CONCRETE wLJLE BOLIOolETEC INFrLL PAT E "LEAFTETHAN THE Ql�i RTRW x 6nrc DINC LED i i y/ y OAUEAAATED TWS ANSA,ExC'LEASLMY.OLM L,oA LF'u wn LEHSGzi xz104T LEWER x R TEO xrn OULxxFpo Q N Q �.� . - (lu.NH TR N , n AD NOIFROD'N., PLO P,iwAyE�ilx m 11 IX v u.. ,. Q:RUNDE wPi Y r, EPNI ON aw �I a o LAMA FEAR Hcwnu �, II.• xl / \ e ELOOLON z FO N.l.. ievP JL 1 �l A'- coxc TN N 'I ,r li mNRy Ll 71T�— soLv I .. uxoE um N of // ' nvL axlia lai'=P-AL. E W�NEwx RAI F E.LNDNDE rtwlav Lv' is UA—O CHOx Imvru ' rTJ P v� 0 WILL x J t REE NOTED NATH Tx..El uD..Ns ➢I 1-11,NEA Rrq .L.ELOFIFNIA_IR _R w � �3�OE�Po OEL Ouxo i HER s EEAa xGw.0 II wALmn —NAL ANNA. ewr CfLTI b -', NNLE mXOTVECUo Lsn T XF, HANGER AT END 4"`i roNJ 19ilyw6xl N Ax IN,.soiPER A 0—: 11 INFILLFORNERS _ vouxwnoxs 0 o mow«, ll� AE7 AN AN w y K d L ...R `.L _ _ x E v d All"Hi LL� - FRAMING PLAN NOTES FRAMING PLAN NOTES FRAMING PIAN NOTES FPAMING LEGE�Ntlwuexx. lq F. x FINAPIL NO. HIP TO--ice' _ _ _ .,d...m..a�, ............ ..v. ....a.,a.�.a.... ,L �,«•«�, .51.0 ASSESSORS MAP 33 PARCEL 80 � � u z ocCsA LOLUS J Q 1 APPROVAL UNDER SUBDIVISION CONTROL LAW NOT REQUIRED LOC U S MAP SALEM PLANNING BOARD OCEAN AVE NU E N 820 09 ' 00" W ROBERT J. Le BLANC, Jr. CHAIRMAN DATE rn N/ F JOSHUA a CLAIRE L . DESCHENES EPSTE ( N o 0 J PLAN 60 OF 1928 o LAWRENCE J. o a NANCY E . ` MOO N EY N 820 09' 00" W 58. 94 ' w LOT A f 3 927±SF _ , - o GEORGE T. , III a a) � NOI 3 /2 % o SUSAN M . BURTON T . & - � z GALLANT LU N 10 . 00.: Lu BARBARA L. PLAN 431 OF 1941 BALL o rS 81030' 00" E-- ,---. S81030'00" E 30.00 — 9, w (n - U- _ � M f 9 � 0 Sal 9- 000- _ � o LOT B, �o � � o o `Q ;1,8 O± C = �9 r- CD z N0. 13 cn �� 0) -i 348 ' TO HAZEL ST. I � 30.00 18.00 S 810 30' 00 E� SUBDIVISION PLAN 0 F LAND M E A D O W S TR E E T LOCATED IN SALEM , MASS. PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. CHRISTOPHER R. MELLO P. L.S. OR REGISTRY USE ONLY CHRIS ( ER 40 LOWELL ST. P E A BODY, MASS. Record Owner : H. DREW I HEREBY CERTIFY THIS PLAN CONFORMS TO THE -, ` kce > SCALE : I " = 20FEBRUARY 19, 1987 ROMANOVITZ RULES AND REGULATIONS OF THE REGISTERS OF ., \ ,` PREPARED FOR DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. H . DREW ROMANOVITZ GERGE DEE III DESIGNER 0 10 20 40 60 80 1� F7307 March 25, 2017 / William Peterson AIA, NCARB e Derby Square Architects Inc. 10 Derby Square, Garden Suite NB Salem, MA 01970 Reference: 13 Meadow Street, Salem, MA Subject: Foundation Inspection — arch 24, 2017 Dear Bill: Subsequent to your March 21st email and our site inspection of above referenced location, I am submitting this letter repolrt on the subject foundation. The existing foundation is approxi matel 122-feet by 44-feet in plan with cemented stone foundation walls and a concrete floor slab. With the exception of some lose materials at the top of the wall, the founI ation walls appear to be sound and well capable of supporting the proposed wolden framed two-story residence. It is recommended that a new concrete sill be placed on the top of the existing cemented stone foundation wall, takingkInto consideration the following points: a) Clear and clean loose debris from the top of the existing foundation wall. b) Install #4 steel dowel into the top of the existing wall at a maximum spacing of 18-inches. Dowels are to be drilled and grouted into sound material at the top of the existing foundation wall for a minimum depth of 6-inches. c) 2-#4 bars are to be placed the full length of the new sill concrete. d) The thickness of the new sill conllcrete is to be a minimum of 10-inches thick above the top of the existing foundation wall. Depth of sill concrete will vary depending on required finished sill elevation and the elevation of the existing foundation wall whicIh'I varies. e) Anchors are to be placed at the top of the new sill concrete to anchor the wood sill plate to the new concr ete sill. GLOBAL ENGINEERING ADVISORS 56 BALCH FARM ROAD BENNINGTON, NH 03442 i DBECKLaIMClTELECOM.COM 603-547-74i8 i i DERBY SQUARE ARCHITECTS 13 MEADOW STREET, SALEM, MA - INS, 'ECTION REPORT MARCH 25, 2017 I PAGE 2 f t i The above noted points are summarized in the below sketch. i T of New SIII Concrete i Min. 10" New ##4 Bar Dowels Sill Concrete @ 18" O.C. JI— Driled and Grouted 2- 94 Bars into Existing Wall O� Clean Top of \ \ \ Existing Wall Before Placing �\ C2 Sill Concrete \\\�\�\ Existing Cemmented Stone Foundation Wall Existing Concrete Slab Wall Widt Varies 10" to 16" GLOBAL ENGINEERING ADVISORS 56 BALCH FARM ROAD BENNINGTON, NH 03442 1 DBECKQa MCTTELECOM.COM 603-547-74i8 I i DERBY SQUARE ARCHITECTS 13 MEADOW STREET, SALEM, MA - IN .ECTION REPORT MARCH 25, 2017 PAGE 3 Based on the review of the drawings for the proposed two-story residence and the observed condition of the existing fooiundation wall, the proposed new sill concrete, as herein proposed, will provi e a sound foundation for the proposed new construction. Should you have any questions and/or require further information, please so advise. Sincerely, ��pITH OF{TASS DAVID A 9os BECK m TURA � �1 David A. Beck, PE E 9°'°F��'sTERE° �Q g SS�ONAL prp 4 r !ti i I l ft I' l GLOBAL ENGINEERING ADVISORS 56 BALCH FARM ROAD BENNINGTONr NH 03442 1 DBECK@a MCTTELECOM.COM 603-547-741$ Certificate Number: B-15-41 Permit Number: B-15-41 Commonwealth of Massachusetts City of Salem This is to Certify that the ...... ...... located at Building Type ........111-1........ .....1.3.-.b.1dg2 MEADOW STREET....... in the Address Q qfSqlqT. .............. ............ Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY c/o for single family ALBERT SIMONSON This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ....... Not Applicable --—.1-........ ......... .... unless sooner suspended or revoked. Expiration Date Issued On: Thursday, April 16, 2015 /7 W � Commonwealth of Massachusetts ,4L\ r• � Q Citv of Salem 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 1; Return card to Building Division for certificate of Occupancy t. Permit B_75-41 PERMIT TO BUILD FEE PAID:: $8$87.00 < DATE ISSUED: 1/12/2015 This certifies that SIMONSON ALBERT has permission to erect, alter, or demolish a building,. _ 131bI,,g2,MEADOW STREET Map/Lot: 330080-0 as follows: Renovation RENOVATIONS @ 13 112 MEADOW STREET: NEW KITCHEN, BATHROOM, CLOSETS, PLUMBING, 8 ELECTRICAG(AS NEEDED), ALSO, COSMETIC REPAIRS/IMPROVEMENTS INCLUDING REFINISH&INSTALL NEW FLOORS 8r PAINT. Contractor Name: John Harvey , DBA: Contractor License No: CS093706 I A f T 1/12/2015 Building,OfficialDate This permit shall be deemed abandoned and invalid unless the work authorized by this-permit is commenced within six months cher issuance.The Building Official .; may grant one or more extensions not to exceed six months each upon written request All work authorized by this permit shall conform to the approved applicati?n and the approved construction documents for which this permit has been granted. , All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. - s, This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until alP applicable signaturesby the Building and Fire Officials are Pfovided on this permit. HIC#t Persons contracting with upregistered contractors do not have'access to the guaranty fund"(as set forth in MGL C.142A). r. Restrictions: w Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. as Commonwealth of Massachusetts { Citv of Salem � 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 n Return card to Building Division for Certificate of Occupancy S Structure CITY OF SALEM BUILDING PERMIT Excavation PERMIT TO BE POSTED IN THE WINDOW t Footing INSPECTION RECORD Foundation Framing da Mechanical Insulation INSPECTION: BY DATE Chimney/Smoke Chamber Final �{ t3 5Fi 110 Plumbing/Gas Rough:Plumbing_ Roug Mas FFII Final Electrical Rough Final Fire 4rtment Preliminary Final Health Department Preliminary Final Certificate Number: B-15-34 Permit Number: B-15-34 Commonwealth of Massachusetts City of Salem This is to Certify that theMulti Homes Buildi _...._......_._.._....__....._. _....................n..g-_...._............................................. located at Building Type 13 MEADOW STREET in the Ci o Salem Address .... .. Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Ok for two unit building. TJS ALBERT SIMONSON This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires Not Applicable unless sooner suspended or revoked. Expiration Date ...sem Issued On: Tuesday, April 14, 2015 f,•y Permit B-15-34 PERMIT TO B FEE PAID:: $8$88.00 ,x (DATE ISSUED: 1/12/2015 This certifies that SIMONSON ALBERT e ..has permission to erect, alter, or demolish a building,.—J.3.t13 MEADQW,STREET Map/Lot: 330080-0 as follows: Renovation RENOVATIONS @ 13 MEADOW STREET: NEW KITCHEN, BATHROOM, CLOSETS. PLUMBING & ELECTRICAL(AS NEEDED). ALSO, COSMETIC REPAIRS/IMPROVEMENTSINCLUDING REFINISH &INSTALL NEW FLOORS, PAINT. 4 Contractor Name: John Harvey DBA: Contractor License No: CS093706 4 �, 1/12/2015• Building UTTICIal Date Thisrmlt.shall be deemed abandoned and invalid unless the work a0thoffzed b Pe y this permit iso commenced within six months after issuance.The Building Official may..grant one or more extensions not to exceed six months:each upon wdftan request. All work authorized b this permit shall conform to the roved 1 y pe pp application and the approved construction documents for permit has been granted. All construction,alterations.and changes of use of any building and structures shall be in compliance,with the local zoning by-laws and codes. V This permit shall be displayed in a location clearly visible from access street or road andshall be maintained open for public inspection for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.. - H IC#: "Persons contracting with'unregistered contractors do not haw access to the guaranty fund"'(as set forth in MGL c.142A). - Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. ornm nweal n o Mass"'ac uusef s { City of Salem) (�, r 120 Washington St,3rd Floor Salem,MA 01970(978)745�!'5"S x5641 Return card to Building Division for Certificate of O u anc P Y l Structure CITY OF SALEM BUILD ANG PERMIT u Excavation PERMIT TO BE POSTED IN THE WINDOW ,d Footing INSPECTION RECORD .Foundation Framing Mechanical _ Insulation INSPECTION: BY DATE Chimney/Smoke Chamber Plumbing/Gas N A Rough:Plumbin 'g• f'-/ Rough:Gas — r� d Final Elec rical r c Service ,- Rough�'1�',IS f g f � - �� Final Fire Wartment Preliminary •'� Int. Final Health Department A Preliminary , • Final 1 t iI{ riI�Plll, L��ISiIC��IIES �blimiits c 0a a) flLE# FORM A - DECISION CITYCLEfK.F,lIEN M/,SS. ms. Josephine Fusco City Clerk City Hall Salem, MA 01970 Dear Ms. Fusco: At a regularly scheduled meeting of t::e Salem Planning Board held onSeptember 17, 1967, it was voted to endorse "Approval Under Sub- division Control Law Not Required" on the following described plan: 1. Applicant: H. Drew Romanowitz 25 Lynde Street Salem, MA 01970 2. Location and Description - 13-1A Meadow Street, Book 755, Page 300 Deed of property records in Essex South District Registry. Sincerely, MRM- 3. �- Walter Power III $� Chairman WP/sm DECISION ON THE PETITION OF H. DREW ROMANOVITZ FOR VARIANCES AT 13} MEADOW ST. , SALEM page two Therefore, the Zoning Board of Appeal voted 5-0 against the granting of the Variance to allow division on one lot into two lots. Additionally, the Zoning Board of Appeal voted 5-0 to grant the variance to allow the existing deck, subject to the following conditions: 1 . The deck remain in its present form as provided on the plans submitted to this Board. DENIED VARIANCE TO DIVIDE GRANTED VARIANCE TO ALLOW DECK Richard A. -Bencal, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. APPEAL FROM THIS DECISION, IF ANY. SHALL BE "7AAE PURSUANT TO SE=TION L7 OF THE NIP GENERAL LAWS. CHP.PTER S. . AG,` S,'..LL EE FV:EU ;°:.'!iIk 20 Cnl'S A=�Efl THE DATE OF f��!;� CF.`!.E r,c THE QTY CLERK. OF THIS DEC'SICF 1 HE - r po -HAD-ER &"a SEC"ICV ll. THE \ A CrPY C. T° HERECc LTU h ,5 FIi: -N OF 1H`_ C- . .i LER: C41 E c.. _ _ „5 is CF: hi. If SI.'EH A. APr EA H E_ F+ E [ IT �. tC v �' To= RECORDED IN THE SOUTH ESSEX RE' STRY OF A ISO i-✓ OF RECORD OR IS RECORDED AND NOTED ON Trt 0'+KERS CcPiiFICAi` C. ?IP_E. BOARD OF APPEAL aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMUERLEY DRISCOLL MAYOR 120 WASHING"1'ON STREET+ SALEM,NLISSACHUSE"Cr5 01970 TEL 978-745-9595 ♦ FAx:978-740-9846 March 13, 2008 Mr. Albert Simonson 2 Fern Street Beverley, Ma 01915 RE:Inspection at 13 Meadow Street Dear Mr. Simonson During the inspection conducted with David Greenbaum of the Salem Health Department we noted some deficiencies in your building that need to be addressed. These deficiencies include but are not necessarily limited to the following: • Rotted exterior siding • Openings in eave soffits • Lack of handrail at first floor rear porch • Missing board at 2°d floor porch railing • Front steps not built to code • Crumbling areas of stone foundation wall • Exposed wiring on basement ceiling • 2"d Floor Tenant is storing articles in the rear common stair which is making stair unsafe We expect you to address these serious issues within thirty (30) days of this notice. Sincerely, Thomas McGrath,AIA Assistant Building Inspector 62e, alth Dept,Fire Prevention, Mayor's Office Business Lertilicwe cow MQ� Citp of batem, Aam5arbuzett.5 t_II D T F I L E D Type: New Expiration Date ❑ Renewal, no change Number 9 - 24 Cl Renewal with chance In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of: at type of business by the following named person(s): (Include corporate name and tide if corporate officer) Full Name Residence ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -•-•---•-•-•---•- - - - Si natures --- - --------------------------------------------------- ----------------------------------------------------- on �� 19 /`the above named person(s) personally zppeared before me and made an oath that t e foregoing statement is true. L�1�I...�...fr7 ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four (4) years from the date of issue and shall be renewed each four vears thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subiect to a tine of not more than three hundred dollars ($300.00) for each month during which such violation nnnm!es (Cita of -'�3ttlem, � Httssttcltusetts DttrD Of '� pezd p6 �;i 'y� P� 3 c°inn DECISION ON THE PETITION OF H. DREW ROMANOVITZ FOR A VARIANCE ATr13 - 13 1/2 MEADOW STREET (B-4) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; George Ahmed, Stephen O'Grady, Albert Hill and Associate Member Nina Cohen. 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. Petitioner, owner of the property, is requesting Variances to allow property to be divided and a variance from minimum parking requirements in this B-4 district. The Variance which has been requested may be granted upon a finding of the 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 or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 or 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: 4. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECiSi^viv' ON THE PETiTiON OF H. DREW ROMANOViTZ FOR VARIANCES AT 13 - 13 1/2 MEADOW STREET, SALEM page two dlua On the basis of the above findings of fact, and on the &v%hence . presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 3-2, Mr.O'Grady, Mr. Touchette, Ms.Cohen voted in favor, Mr.Ahmed & Mr. Hill voted in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED February 16, 1994 Albert C. Hill, Member Board of Appeal 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 MGL 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 MGL 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 PASSED 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 OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL t1�it of $Ulem, � ttssttcltusetts , Pottra of �u}tettl c47 T, � DECISION ON THE PETITION OF H.DREW ROMANOVITZ FOR A VARIANCES AT 13-13 1/2 MEADOWSTREET!(B=4) A hearing on this petition was held October 20, 1993 with the following Board Members present: Francis Grealish Jr. , Chairman; George Ahmed, Stephen Touchette and Associate Member Labrecque. 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 Board of Appeal,after hearing the evidence presented and at the request of the petitioner's attorney voted unanimously 4-0 to grant leave to withdraw this petition for Variances to allow this existing nonconforming lot containing two residential dwellings to be divided into two nonconforming lots. The property is located in a B-4 district. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE October 20, 1993 Francis X. Grealish, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. CO aq e fA V+ CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 November 4, 1992 Drew Romanovitz 25 Lynde Street Salem,MA 01970 Dear Mr.Romanovitz: In accordance with Chapter 111,Sections 127A and 127B,of the Massachusetts General Laws, 105 CMR 400.00: State Sanitary Code,Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,Chapter II: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property located at 13 1/2 Meadow Street occupied by Linda Eveleth conducted by Julie Forsberg,Sanitarian of the Salem Health Department on October 26, 1992 @ 1:15 p.m. Notice:If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000:Regulations for Lead Poisoning Prevention and Control.For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct these violations in accordance with the enclosed report. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders and other documentary information in the possession of this Board and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Reply to: Robert E.Blenkhorn,C.H.O Julie Forsberg Health Agent Sanitarian Certified Mail P 332152 025 cc: Tenant Fire Prevention Building Inspector e Page 1 of SALEM HEALTH DEPARTMENT 9 North Street .4rn, Salem,MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: �- 1 t^�a- ��e� L-+ Phone: -74 1 " -3101-7 t / �ow �rl ►��i- Address: 13 �2 Apt. Floor Owner: R,: >> t�oV 42- Address: �c lel�✓1 � M{1,- O Iot-10 Inspection Date: Io ' ZCo ' Z Time: 1 a k" Conducted By: Jw1 i� al-S� Accompanied By: - r�F- Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . 4-1 rngg- +7-le iow vccU�t i i o 10.+-; v-,s o�— lot-dY.Pr� Wfcll.- WW —i 5o t a t.i fin/i t-z dov.�s - oukwcl 1 i One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants s . Code Enforcement Ins for Este as un documento legal importante. Puede que afecte sus chos. Puede adquidruna traduccion de esta forma. ' � bu.i Ic�i vtir APPENDIX H(14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this,it is best to put the. rent money aside in a safe place.) 2. Renoir and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which . . endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Reta_lial=Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the'complaint;He or she will have to show a good-reason-for the increase or eviction which is unrelated to your complaint.You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair r and D=tive Practices(Massachusetts General Laws,Chapter 93A):Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The information presented above is only a summary of the law.Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the nearest legal services office,which is: Neighborhood Legal Services 37 Friend St. Lynn,MA 01902 (617)599-7730 �b Page 2 of to SALEM HEALTH DEPARTMENT a � 9 North Street Date: Salem, MA 01970 11 Name: E%/e-I C* l Address: l314 MPW Specified Reg # Violation Time 1 1 410. . . . `t&4RS Q-SO Sed _( W t o V.JS Dvn ( �ve vw 4- w w i O-V_)s ►-�s�-.a.b I s �,s+- u.�,Imo. cls c.L � b0�� a.11 W i bbk�, wt�,��-, w,u�+- be ► est-i .b I i ccv,s Vis► ata i kCA-- 4V.I.LL— '1 S 4.o . 60 3E Lc; SG j i Oxr� V l I�} S'1 a t-C L-n� vi I rho p I auEG fc= - wa W" i rte-, Wall i v-1 1 vt 4zc,"gD t o-f- ccs b i s t Etn 4c, I.- eft +C--L� 1I h�blt°YYtS . 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MA 01970 II o vJ cam-. Name: EV��'�1 Address: �3 /ZM� Specified Reg # Violation Time 410. . . . Iron- I�,aar�a— ��zc � , � \ i (Ili#g of Salem, Attssxtljusetts Ju 30 8 so M '67 L 9 PoaTD of MeA FILE>1 awry. CITY CLERK,SALEM.MASS. 4 DECISION ON THE PETITION OF H. DREW ROMANOVITZ FOR A VARIANCE AT 137MEADOW—ST`(B-4) A hearing on this petition was held June 17, 1987 with the following Board Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. , Fleming, Luzinski and Associate Member Labrecque. 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. Petitioner is requesting a Variance from any and all applicable density and rear and side setback requirements to allow one parcel of land to be divided into two nonconforming lots. Additionally, petitioner is requesting a second variance to allow an existing deck which encroaches on rear and sideline requirements. The variances which have been requested may be granted upon a finding of the 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 structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; 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 or the purpose of the Ordinance. The Board of Appeal, after hearing the evidence presented at the hearing, makes the following findings of fact: 1 . The condition of the two buildings on one lot has existed for many years; ) 2. The deck was constructed prior to the purchase by the petitioner; i 3. The deck is used also as a means of egress. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . In regards to the division of the lot, petitioner failed to establish hardship; ?l 2. In regards to the deck: a. 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; b. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner.