20 NAPLES ROAD - BUILDING INSPECTION
Liberty Mutual® Liberty Mutual Insurance
New England Region Central Property Unit
INSURANCE 75 Sylvan Street
Danvers,MA 01923
Tel:(800)566-0323
May 12,2015
City of Salem
Attn: Building Inspector
93 Washington St
Salem,MA 01970
Re: Property Address:20 Naples Rd, Salem, Ma 01970
Policy Number: H3221238407402
Underwriting Company: Liberty Mutual Fire Insurance Company
Claim Number: 031859059-0001
Date of Loss:3/13/2015
Attn: Town/City Official
Pursuant to M.G.L. c. 139, § 3B, please be aware that a homeowners insurance claim has been made
involving loss, damage or destruction of the above captioned property, which may either exceed
$1,000.00 or causes the condition of a building or other structure to render Mass. General Laws, Ch.
143, § 6 applicable. You are required to notify Liberty Mutual by certified mail in accordance with
Mass. General Laws Ch. 175, §99, if you intend to initiate proceedings designed to perfect alien
pursuant to Mass. General Laws, Ch. 139, § 3A & B, or Mass. General Laws, Ch. 143, § 9, or Mass.
General Laws,Ch. 111,� 127B.
This letter should not be construed as a waiver or estoppel of any of the terms, conditions or
defenses afforded by the policy or applicable law.
Please direct your notice to the attention of the undersigned and include a reference to the above
captioned property address,policy number,claim number,and date of loss.
Sincerely,
Liberty Mutual Support
Liberty Mutual Insurance
New England Region Central Property Unit
1-800-566-0323
No. �-9 City of Salem Ward
r •• ar
4cum+c J�
APPLICATION
FOR
PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION
IMPORTANT-Applicant tocomplete all items X.
s in sections:1, 11, III, IV, and I
I. AT(LOCATION) `� ryyT�L S 1,_2 O DISTRICT
LOCATION 7� (NO.) (STREET)
OF BETWEEN R Q,h 1 " W Q.y AND �V D
ROSS STR T) ROSS STREET)
BUILDING LOT
SUBDIVISION LOT BLOCK SIZE
II. TYPE AND COST OF BUILDING -All applicants complete Parts A -D
A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION'USE MOST RECENT USE
1 ❑ New building Residential Nonresidential
2 ❑ Addition(If residential,enter number of new 12One family 18 ❑ Amusement,recreational
housing units added,if any,in part D,13) 19 [:] Chruch,other religious
13 ❑ Two or more family-Enter number
3Alteration(See 2 above) of units ....................................................... 20 ❑ Industrial
21 ❑ Parking garage
4 ❑ Repair replacement 14 ❑ Transient hotel,motel,or dormitory-
Enter number of units ........................... 22 ❑ Service station,repair garage
5 ❑ Wracking(if multifamily residential,enter number 23 ❑ Hospital,institutional
of units in building in Part D, 13) 15 ❑ Garage
24 ❑ office,bank,professional
6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility
26 E] School,library,other educational
7 E] Foundation only 17 Other-Specify
27 ❑ Stores,mercantile
B.OWNERSHIP
28 E] Tanks,towers
8 ❑ Private(individual,cerpomtion,nonprofit k
institution,etc.)
29 -] Olher-Specify
9 ❑ Public(Federal,State,or local government
C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant,
machine shop,laundry building at hospital,elementary school,secondary school,college,
parochial school,parking garage for department store,rental office building,office building
10. Cost of improvement ......................................................... $ �2 O 0at industrial plant If use of existing building is being changed,enter proposed use.
To be installed but not included
in the above cost Ny O/) { Al/--j'I{ /L O e non
a. Electrical...........................................................................
b. Plumbing.......................................................................... //ti9-7r((o ' 12�Y, 77: ✓t `3 I ty IC17�n!/1
c. Heating,air conditioning.............................................
d. Other(elevator.etc.)..................................................... �7 -7
11. TOTAL COST OF IMPROVEMENT $ G L o
111. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition,
complete only Parts J& M, all others skip to IV
E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL
30 ❑ Masonry(wall bearing) 35 ❑ Gas 40 ❑ Public or private company Will them be central air
31 ❑ Wood frame 36 ❑ Oil 41 ❑ Private(septic tank,etc.) conditioning?
32 ❑ Structural steel 37 ❑ Electricity 44 ❑ Yes 45 ❑ No
33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator?
34 ❑ Other-Specify 39 ❑ Other-Specify 42 ❑ Public or private company
46 ❑ Yes 47 ❑ No
43 ❑ Private(well,cistern)
J.DIMENSIONS M. DEMOLITION OF STRUCTURES:
48. Number of stades ............................................................
49. Total square feet of floor area Has all floors,based on exterior Approval from Historical Commission been received
dimensions ......................................................................... for any structure over fifty(50)years? Yes_ No
50. Total land area,sq.It Dig Safe Number
K.NUMBER OF OFF-STREET PARKING SPACES Pest Control:
51. Enclosed ...............................................
52. outdoors........................................................................... HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED?Yes No
L RESIDENTIAL BUILDINGS ONLY Water:
53. Enclosed .................................................-.......................... Electric:
Gas:
54. Number of Full........................................... Sewer:
bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED
Partial...................................... BEFORE A PERMIT CAN BE ISSUED.
IV. COMPLETE THE FOLLOWING:
Historic District? Yes_ No (If yes, please enclose documentation from Hist. Com.)
Conservation Area? Yes_ No_ (If yes,please enclose Order of Conditions)
Has Fire Prevention approved and stamped plans or applications? Yes_ No
Is property located in the S.R.A. district? Yes_ No_
Comply with Zoning? Yes_ No (If no,enclose Board of Appeal decision)
Is lot grandfathered? Yes_ No_ (If yes, submit documentation/if no,submit Board of Appeal decision)
If new construction, has the proper Routing Slip been enclosed? Yes_ No
Is Architectural Access Board approval required? Yes_ No— (If yes, submit documentation)
Massachusetts State Contractor License# O `f' 73 ZY' Salem License# 11 /3
Home Improvement Contractor# Homeowners Exempt form (if applicable) Yes_ No_
CONSTRUCTION TO BE COMMENCED WITHIN SIX (6)MONTHS OF ISSUANCE OF BUILDING PERMIT
If an extension is necessary, please submit
CONSTRUCTION IS TO BE COMPLETED BY: in writing to the Inspector of Buildings.
V. IDENTIFICATION - To be completed by all applicants
Name Mailing address-Number,street city,and state ZIP Code Tel.No.
Owner ar
Ir Lr ® V,a-
1.
Lessee �'r� 7�
2. \-%V- V , I
Contractor Builder's
q, License No. 6/0
3.
Architect or
Engineer
I
I hereby certify that the proposed work is at9horized by the owner of record and that I have been authorized by the owner to make this application
as his authorized agent and we a to conform to all applicable laws of this jurisdiction.
Signature icant Address r� _ _ Appl)Gation date
m
) /�
DO NOT WRITE BELOW THIS LINE
VI. VALIDATION
Building �� FOR DEPARTMENT USE ONLY
Permit number CQ ffl—
BuildingUse Group
Permit issued L 19 J
Building Fire Grading
Permit Fee $ Q` Live Loading
Certificate of Occupancy $ occupancy Load
Approved by:
Drain Tile $
Plan Review Fee $ / G
TITL�
NOTES AND Data- (For department use) n t
1 C
�. f V
2 vi
N l-ec, r
PERMIT TO BE MAILED TO:
DATE MAILED: S
Construction to be started by: Completed by:
VI ZONING PLAN EXAMINERS NOTES
DISTRICT
USE
FRONT YARD
SIDE YARD SIDE YARD
REAR YARD
NOTES
SITE OR PLOT PLAN -For Applicant Use
O N
c y,
RONAN & SEGAL
' 4Y
(RONAN S HARRINGTON]
ATTORNEYS AT LAW
. FIFTY- NINE FEDERAL STREET -
JAMEST RONAN 4 SALEM, MASSACHUSETTS 01970
LIACOO 5.SEGAL -
GEORGE W.ATHIN5.111 (017)7440350
i
JOHN DENNIS MEALEY
HENRY C.PORTER
May 14, 1979
John B. Powers, Building I nspector
City of Salem
One Salem Green
Salem, MA 07.970
Dear Mr. Powers:
Enclosed please find application of Irving and Paula Parker to roof
over and enclose the porch and appurtenance over the existing garage to their
dwelling at 20 Naples Road, Salem.
As you probably know, the original builder constructed the garage
with extra supporting beams with the intent of building over it and the,history
we have is that he stopped at this point due to some financial difficulties and in
the ensuing years the same has been used by the occupants as a porch and
sitting area.
This building and the application is in full compliance with paragraphs
1 and 2 of Section VII L of the zoning by-law of Salem.
I am enclosing three (3) sets of plans which I understand is required
by the local regulations.
esp ectfully, -
James T. Ronan
wsd
Enclosures
N
r n tir
w71-LiA n L. 71NT1 CITY OF SAI E-M, RICHARD •w. _.-F'.F C
C:Tv GOL!CITOR. .. f iMASSACHUScI7S ASS STANT C11) cl.•.:::r:.; 1
STREET 70
GALL'/, r1A C1670 SALEhI. 1A ::•'J%i:
71,1Z172 744-31'1:1
July 6 , 1979
Mr . John B. Powers
Building Inspector
City of Salem
One Salem Green
Salem, MA 01970
Dear Mr . Powers: -
You have requested my opinion in regard to the Zoning
Ordinance of the City of Salem, Section 8 L relating to
"Roofing Over or Enclosing Existing Porches" .
As you are aware , thatsection of the Zoning Ordinance
requires three conditions to be satisfied, which are:
1. The appurtenant structure to be enclosed and/or roofed
over existed before August 27 , 1965 .
2. No portion of the roofed-over or enclosed structure shall
be nearer then five feet to any side or rear lot line.
There shall be no restriction insofar as front yard
set-backs are required, providing, however , the roof
or enclosure does not extend beyond the original
structure.
3 . The roofing over and/or enclosing of the structure , in
the opinion of the Building Inspector , with the coopera-
tion of the Chief of the Fire Department and the Board
of Health , will not be a hazard to the safety or well
being of the general neighborhood.
If in fact, these three conditions are satisfied, then the
enclosed porch or terrace may be used for all purposes which
are allowed in the Zoning District in which the property is located .
f Sincerely, ,__.
w William J ''Tinti
VJ/dg
June 5, 1979
,r. john 3. powers, inspector of
i- 1.dings & ,on nj 3nforceu,:_nt Officer
,..i ty of. .Saloirl
-c "roperty Department
]. ;3al,om. green
Saleu, Piassachuse.tts 01970
Dear rlr. ':' ;aers : .
,he F;onina O:'uin.ance of the City of Saler. Section V.I1 L.
provides for the 'F:oofing over or ;;nclosi.ng '_ i.st.ing ,Porches,
etc .
In certain instances the Inspector of _Buildings may issue building
persiits to repair, rebuild, roof over, or enclose existing porches,.
terraces, outsi.de stairs, and similar appurtenances to dwellings
regardless of the setback requirements as listed in TABLE 1 -
?si3ential Density Regulations; providing the following conditions
�C. are met :
1 . "he appurtenant structure to be enclosed and/or roofed over
existed before August 27; 1.965.
2 . rto Portion of the roofed-over or enclosed structure shall
qe nearer than five feet to any side or rear lot line .
,here shall be no restriction insofar as front yard set-
are are required, providing, however, the roof or
enclosure does not extend beyond the original structure.
3 . The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector, with the coopera-
tion of the Chief of the Eire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood. .
If the structure to be roofed and enclosed was built prior to
August 2.7, 1955, is at least five feet from any side or rear lot
line, is approved by the Chief of the Fire Department and the
hoard of Health, the permit should be issued.
`. Yours sincerely, ;
William J . ` Tinti' ' ' '
L Roofing; 0.c:r Or Fsnclosin- Existinu, Yorc.he,s , Etc_
In certain instances the Inspector of Fuildi rs may isc:ur
building permits to repair , rebuild., rnnt o:cr , or encl ;_tae
existing porches , terraces, outside Stab. , and siculW
appurtenances to dwellings regardless of the sotback
requirements as listed .in TABLE I - Residential DensLte
Regulations , providing the follor.v�in conditiciis .•_rc� est :
I . The appurtenant structure to be enclosod a.ndlor rooted
over existed before August 27 , 1965 .
2. No portion of the roofed-over or enclosed structure shall
be nearer than five feet to any side or rear tot I _ ne .
There shall be no restriction insofar as front, yard YeL-
backs are required, providing , however , the roof or
enclosure does not extend beyond the original strucLure.
3. The roofing over and/or enclosing of the structure , in
the opinion of the Building Inspector , with the coopera-
tion of the Chief of the Fire Departm�nL and the: Doaret
of Health , will not be a hazard to the safety or well
being of the general neighborhood.
a
1
Ate.,
' V�LOX OIit.Q .
•:, Ctv of S Ieiti, 4as5adjusetts
Public Property Pepartuteut
B 4'µ,r• 4Y r�
IlttNtttg Departntrut
3h�bu 1i. t"Jnlurrs
a.
ODuc �edcw Oierrn
7d i-0L l3
May 15, 1979
Atty. William J. Tinti
City Solicitor
70 Washington Street -
Salem, MA 01970
RE: 20 Naples Road
Dear Mr. Tinti:
This office has received an application for a building
permit relative to property located at 20 Naples Road.
A prior application was submitted directly to the Board
of Appeal, requesting a variance from the side line set back.
The Board of Appeal denied the variance requested.
Yesterday I received a letter from Attorney James Ronan,
a copy of which is enclosed, which addresses the question of
the appropriateness of the work intended to be performed
pursuant to the application.
Would you please provide me with a legal opinion as to -.
the compliance of the application with all municipal zoning
provisions so that I may know whether a building permit ought
to be issued.- -
Very truly
y`iours,,
John B. Powers, Inspector of Buildings &
Zoning Enforcement Officer
JBP:tc
Enc. 4
f
r �
,�fy'rOAD1*i�� Location, Ownership, and Detail Must be Correct, Complete and Legible
"s Separate Application Required for Every Building -
_ " m Plans must be filed with this application
Application for Permit for Alterations, Repairs & Demolitions
•
Salem, Mass.. - ._. _................ ..........._. .....----------- 19........
TO THE BUILDING INSPECTOR:
c .
The undersigned hereby applies for a permit to.... .------------------------------------------------------------------------------ ........
..._
o E the following described building:
u
ave
Location and N0---.-.--.�zS-�d_.11---- -------- ----- '- .. .-5..-. Zoning District_---------------------...-------------- '9
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sName of Owner............ �-E:. �!--�n------...... .-/.�` -�- _ ..---------------- --------------------------------------------------------------- 3.
c V Address-_..--.-.... Q..- ''
u If Owner is corporate body name of responsible officer------------------ -.---_. .
.n,r
V ° Address-.............../ - - - - .. . . - ................ ------------------------------_.. H
- ---------------
-oc 0 - Name of Builder.-1 ..--�G _. .- . . ---- ---• =---------- --------- Address--/K 61
ev..�'.r.-.moi w
0.
t c Name of Architect---------_----- --------- - _--------------Address--------------------------------- m
N p
c Ist
z
Floor--------.................. 3rd Floor------- ---------------- ---------
v Existing use of Building 2nd Floor_.. .-.:...------------------ -
4th Floor....................................................
a
m
0a _
r r Ist Floor------ --_----------------------- 3rd Floor --------- -----------------............ m
ro.e If vacant show Previous Use - ---------- 0
2nd Floor------------------------------------ ------------- 4th Floor-----------_---- --
ca
c ro Ist Floor-.-- 3rd Floor. m
0 e Proposed use after Alterations -. -_---/1 ------"""'"-"-'"- --------""" _+
E E 2nd Floor -.�`.------------- - ...... 4th Floor.-.. - - - 0
0
o Roof ina material - roof type-----------------------------...................
o - ` - --
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How many means. of egress provided--__---_--F�-.671_----------------------- of fire escapes-------------------------------------- rri
S a Ll
rfa Stairway enclosure rating........... ------------------------------- ------------ ............... .....#of elevators.----- ........------------------- ...... Z
yZ
SSC
0 Provisions for handicapped included?.------------------------- -..........---.......---- ---- -----------------_- ------------------------------------ -- Z
e Are the-following involved? Sprinklers........ ........._-..-.__- --------------------------------plumbing.--. 2.__.........................
m Type of
x Gas fitting heating- -G'7 electrical-....---..I......_.,---------
o g----------- -- --_--------- _- O
0 3 1, M
„ 0 Type of Type of fire i Type of X
VE fire alarm-----------------.............------------------extinguishers--- - -------*-- -----------------._.fire detection-------------------------------------
. C
o °
i a If application is for demolition name and address of exterminator.......................................................................
. 0
0.x _
TAIL OF PROPOSED ALTERATIONS, ETC.
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aSignature of Owner------------------------------- --------- -- ------------.....----------.. •--
Estimated cost of new work Address --------------- ---------- ---------------........---------------------....-------------
Telephone--------- ------------ - ----_----------- — ........ - ....................
Sig re, Builder All rized Repre entahve
• /
-Address..----- C .....7._°l ............
Telephone...-..�� c-.-FF c
Salem Builder's License Number.-US�............... ..................._
CITY"..' +.pass.
744-6900
MAY 9, 1978
DECISION ON THE PETITION SUBMITTED BY IRVING $ PAULA PARKER CONCERNING PROPERTY
LOCATED AT 20 NAPLES ROAD LOCATED L\ AN R-1 DI TRICT
A hearing on this petition was held on Tuesday, May 9, 1978 at 7:00 P.M. at One
Salem Green. Notices were mailed to abutters and others in accordance with Chapter 808.
Notice of the hearing was duly published in the Salem Evening News advising the public
of this hearing.
The following Board Members were present: Donald Eames, Arthur Labrecque, William
Abbott, Jane Lundregan, James Boulger and Associate Member, Douglas Hopper.
Atty. James Ronan, 59 Federal St. , Salem, represented the Petitioner before the
Board.
The Petitioners wish to enclose an existing patio over and underground garage, Said
addition would have less than the minimum side and rear setback requirements for an R-1
Zone. The Petitioner wishes to have the addition because they need additional room for
a growing family.
The Board voted to deny the petition requested. The Board felt that it would be
detrimental to the surrounding neighborhood and would laver the property values of the
surrounding properties to allow said addition to be erected with less than the required
side line and setback requirements.
VARIANCE DENIED xr x rsr-}
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED Ila THIN 20 DWS AFTER THE DATE OF FILING OF
THIS DECISION IN THE OFFICE OF THE CITY CLERK.
A COPY OF THIS DECISION HAS BEEN FILED IVITH THE PLANNING BOARD A\T THE CITY CLERK.
BOARD OF APPEAL
U ti,
4 ane T. Lundregan
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File No. P-442
RONAN & SEGAL
(RONAN S HARRINGTON)
ATTORNEYS AT LAW
FIFTY- NINE FEDERAL STREET
JAMES T.RONAN SALEM, MASSACHUSETTS 01970
JACOB S.SEGAL -
GEORGE W.ATKINS,III (617J 744-0350
JOHN DENNIS HEALEY
HENRY C.PORTER
May 14, 1979
John B. Powers, Building I nspector
City of Salem
One Salem Green
Salem, MA 01970
Dear Mr. Powers:
Enclosed please find application of Irving and Paula Parker to roof
over and enclose the porch and appurtenance over the existing garage to their
dwelling at 20 Naples Road, Salem.
• As you probably know, the original builder constructed the garage
with extra supporting beams with the intent of building over it and the history
we have is that he stopped at this point due to some financial difficulties and in
the ensuing years the same has been used by the occupants as a porch and
sitting area.
This building and the application is in full compliance with paragraphs
1 and 2 of Section VII L of the zoning by-law of Salem.
I am enclosing three(3) sets of plans which I understand is required A
by the local regulations.
esp ectfully,
James T. Ronan
wsd
Enclosures
MURPHY, RYAN & O'KEEFE '
• ATTORNEYS AT LAW, INC.
TEN CHESTNUT STREET
• PEABODY, MASSACHUSETTS 01960
JoHN E. Mux HY Telephone
JOSEPH CUETIS RYAN 531_1321
TI,moTHY J. O'KrxrE
JOHN E.Mu"my,JR.
JAMES F. RENNIm - June 15 , 1979
Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
Dear Sir:
Please be advised that this office rpresents Dr.
.James E. Connolly of 18 Naples Road in corinpction with
a zoning matter involving adjacent property at 20 Naples
Road owned by Mr. and Mrs. Parker.
Dr. Connolly has informed us that about a year ago
Mr. and Mrs. Parker sought a variance from the Board
of Appeals to expand the existing dwelling and the Board
denied the variance request.
• Dr. Connolly has further advised us that he under-
stands that quite recently Mr. and Mrs. Parker made appli-
cation to you for a building permit to expand the existing
structure, citing certain portions of the .Zoning Ordinance
which, purportedly, would entitle them to the building
permit if certain criteria and conditions were met. One
of these conditions, as he understands it, is a five foot
lot line requirement.
Dr. Connolly has reason to believe that the five feet
may not be there and he has retained the services of a
competent professional surveyor to establish the precise
location of the lot line once and for all. The surveyor
has informed Dr. Connolly that he will have a plan developed
within the next week or ten days.
•
Page 2 June 15 , 1979
In view of the foregoing circumstances we would
respectfully request that you postpone acting on this
building permit request for a few more days until the
survey results are available. Waiting a few more days
should not cause any hardship to the applicant and it
certainly would avoid a lot of problems of which we are
all aware if the permit were issued and the survey results
indicated that the five foot lot line requirement is
not in fact met.
Thank you for your consideration in this matter.
ery trul ours f
IRYAN
Al-
CU TIS
r,
r
JCR/emg
•
MURYFIy, RYAN & O'KEEFE
ATTORNEYS AT LAW, INC.
TEN CHESTNUT STREET -
• PEABODY, MASSACHUSETTS 01960
Joa E. Mu"HY Telephone
JosEPH CuRTIs RYAN 531-1421
TIMOTHY J. O'aEFE
Joa E. MuRpH ,JR. June 22 , 1979
JAMES R RE c% -
Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
Dear Sir:
We are writing to you with further reference to our
letter of June 15, 1979 on behalf of our client Dr. James
E. Connolly of 18 Naples Road in connection with a zoning
matter involving adjacent property at 20 Naples Road owned
by Mr. and Mrs. Parker.
As we indicated in our letter of a week ago, Dr. Connolly
had expressed some reservations concering whether or not a
certain five foot lot line requirement could be met. Dr.
• Connolly has had a plan developed by Essex Survey and a
print of it is enclosed for your ready reference. This plan
would seem to indicate that the structures on the westerly
side of the Parker property are not parallel to the lot line.
More particularly the plan shows a divergence with respect
to the house from 4. 8 feet to 5. 2 feet with a further divergence
for the deck. Thus the five foot ordinance requirement with
respect to the deck would appear to be met. However, we
would respectfully direct your attention to a more fundamental
aspect of the relevant provisions of the zoning ordinance.
Section VII-L of the zoning ordinance is entitled
"Roofing Over Or Enclosing Existing Porches, Etc" . It provides
that in certain instances the Inspector of Buildings may issue
building permits to repair, rebuild, roof over or enclose
existing porches, terraces, outside stairs, and similar
appurtances to dwellings, regardless of the normal and usual
set back requirements, provided certain conditions are met.
One of the more significant aspects of this provision of
the zoning ordinance is its broad sweep dispensing with the
normal serback requirements which are such an important part
•
• Page 2 June 22 , 1979
any zoning ordinance because of the very meaningful effect
and impact these requirements are designed to have to protect
property owners in the normal enjoyment of their property.
In view thereof we would submit that this provision of the
zoning ordinance should be construed quite carefully to
ascertain and verify the exact nature and scope thereof.
We would submit that the clear meaning of the language
used as well as its intent is to give the Inspector of
Buildings discretionary authority ("may issue") in certain
instances to issue a building permit solely for the enclosing
of an existing structure, such as enclosing an open, outside
staircase, enclosing an open porch, enclosing an open terrace,
etc. We would submit that the authority of the Inspector
of Buildings under this provision of the zoning ordinance is
limited to the granting of a permit to enclose only and
certainly does not extend in some sort of ancillary manner
to a right to grant a permit to remodel and convert that which
has been enclosed to something other than a porch, a terrace,
outside stairs, etc. particularly where the remodeling or
converting would otherwise require a variance from the Board
of Appeal's.
• Thus, on behalf of our client, Dr. Connolly,we would
respectfully suggest that the Inspector of Buildings may well
find that Mr. and Mrs. Parker could be entitled to a building
permit to enclose that structure sometimes termed a terrace,
deck or open porch but the permit must be so limited under this
provision of the zoning or nce and in no case can the permit
be extended to remodeling without a variance from
the Board of Appeals.
Very tru you2s,
Ll
/JOSEPH URTIS RYAN
JCR/emg
William J. Tinti
ATTORNEY AT LAW
• 70 WASHINGTON STREET
SALEM, MASS.
V( p 9 1 ti'Il'e,•h ql�L 733 2172
01570 ll
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June 5, 19-AY y OF S _c::>'t .5s.
Mr. John B. Powers, Inspector of
Buildings & Zoning Enforcement Officer
City of Salem
Public Property Department
1 Salem Green
Salem, Massachusetts 01970
Dear Mr. Powers :
The Zoning Ordinance of the City of Salem Section VII L.
provides for the "Roofing Over or Enclosing Existing Porches,
etc . "
In certain instances the Inspector of Buildings may issue building
permits to repair, rebuild, roof over, or enclose existing porches,'
terraces, outside stairs, and similar appurtenances to dwellings
regardless of the setback requirements as listed in TABLE 1 -
• Residential Density Regulations, providing the following conditions
are met:
1. The appurtenant structure to be enclosed and/or roofed over
existed before August 27, 1965 .
2 . No portion of the roofed-over or enclosed structure shall
be nearer than five feet to any side or rear lot line.
There shall be no restriction insofar as front yard set-
backs are required, providing, however, the roof or
enclosure does not extend beyond the original structure.
3 . The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector, with the coopera-
tion of the Chief of the Fire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood.
If the structure to be roofed and enclosed was built prior to
August 27, 1965, is at least five feet from any side or rear lot
line, is approved by the Chief of the Fire Department and the
Board of Health, the permit should be issued.
•
Yours- sincerely,
✓William J. ,Tinti
wjt/ms
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b DATE:..._..... .._. .... ......
- -
� a APPEAL CASE NO..
� a
E� CITY OF SALEM, MASSACHUSE""TTS
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the Owners of a certain parcel of land located
at No: . C; ,i i.t• > = !i cad; ,
/• _ . . . . .Street; Zoning District. .
AS r1C . r . . . . . . . ; and said Parcel is affected by Section(s) . . . . .
. ; of the Salem Zoning Ordinance and/or Section(s). . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.11 of the Zoning Ordinance.
•
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for the
following reasons:
•
Owner.
f 7
Address :r:
Telephone. y
r1
Petitioner-. ?'. . . . _ . . . .
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f!��-G+ :' `� / Address-, ,/
.. . . . . . . . .
• Date
Telephones . . . . . . . .
'.
By . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of $ . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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WILLIAM J. TINTI OO ff p CITY OF SALEM RICHARD W. STAFFORD
CITY SOLICITOR R ECEI�IE� SSACHUSETTS ASSISTANT CITY SOLICITOR
70 WASHINGTON STREET CITY Y O SALE�'+'�,1�ss - 70 WASHINGTON STREET
SALEM, MA 01970 SALEM, MA 01970
I44-2172 744-2172
July 6 , 1979
Mr . John B. Powers
Building Inspector
City of Salem
One Salem Green
Salem, MA 01970
Dear Mr . Powers:
You have requested my opinion in regard to the Zoning
Ordinance of the City of Salem, Section 8 L relating to
"Roofing Over or Enclosing Existing Porches" .
As you are aware, thatsection of the Zoning Ordinance
requires three conditions to be satisfied, which are:
1. The appurtenant structure to be enclosed and/or roofed
over existed before August 27 , 1965.
2. No portion of the roofed-over or enclosed structure shall
be nearer then five feet to any side or rear lot line.
There shall be no restriction insofar as front yard
set-backs are required , providing , however , the roof
or enclosure does not extend beyond the original
structure.
3 . The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector , with the coopera-
tion of the Chief of the Fire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood.
If in fact, these three conditions are satisfied , then the
enclosed porch or terrace may be used for all purposes which
are allowed in the Zoning District in which the property is located.
Si cerey,
//�� "/�� William J. Tinti
June S. 1979
Mr. James F. Brennan
Fire Chief
48 Lafayette street
Salem, Massachusetts 01970
Dear Chief Brennan:
In regards to the petition of Irbing Parker of 20 Naples Road, to enclose
an existing patio over an existing underground garage; "ould you please
give your opinion as to Paragraph 3 of :;action VII L of the Zoning Ordinance
of the City of Salem.
An early reply to this matter would be appreciated.
Very truly yours,
JOHN B. POWERS
Superintendent of Public Property,
Inspector of Buildings
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William J. TinBUILDING DEPT
_ ti
ATTORNEY AT LAW
70 WASHINGTON STREET
SALEM, MASS. JUN 9 16' h4�dc 744-2172
01970
RECEIVED
June 5, 19-ATY OF SALEM,14ASS.
Mr. John B. Powers, Inspector of
Buildings & Zoning Enforcement Officer
City of Salem
Public Property Department
1 Salem Green
Salem, Massachusetts 01970
Dear Mr. Powers :
The Zoning Ordinance of the City of Salem Section VII L.
provides for the "Roofing Over or Enclosing Existing Porches,
etc . "
In certain instances the Inspector of Buildings may issue building
permits to repair, rebuild, roof over, or enclose existing porches,
terraces, outside stairs, and similar appurtenances to dwellings
regardless of the setback requirements as listed in TABLE 1 -
Residential Density Regulations, providing the following conditions
are met:
1. The appurtenant structure to be enclosed and/or roofed over
existed before August 27, 1965 .
2 . No portion of the roofed-over or enclosed structure shall
be nearer than five feet to any side or rear lot line.
There shall be no restriction insofar as front yard set-
backs are required, providing, however, the roof or
enclosure does not extend beyond the original structure.
3. The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector, with the coopera-
tion of the Chief of the Fire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood .
If the structure to be roofed and enclosed was built prior to
August 27, 1965, is at least five feet from any side or rear lot
line, is approved by the Chief of the Fire Department and the
Board of Health, the permit should be issued.
Your sincerely,
William J. inti
wjt/ms
e f�itt ,of '*tt1Pm, 'Mttssadjusetts
''m����� �irr �r}�srtmeni �IeuAqusrtere
games . Brennan 48 Enfagette Oturt
thief
June 11, 1979
Mr. John B. Powers
Superintendent of Public Property
One Salem Green
Salem, Ma. 01970
Dear Mr. Powers :
Responding to your letter of June 8 , 1979 regarding the
petition of Irving Parker of 20 Naples Raod to enclose
an existing patio over an existing underground garage,
I submit the following:
I have inspected the property in question
accompanied by Lieutenant David Goggin, Salem
Fire Prevention Officer of the Salem Fire
Department. We found that, in our opinion, such
an enclosure would not be a hazard to the safety
of the general neighborhood. That is , provided
all construction and other necessary work is in
conformity to the applicable codes.
Very truly yours ,
James F. Brennan, Chief
Salem Fire Department
JFB :rq
cc
MURPHY, RYAN& OREEFE
ATTORNEYS AT LAW, INC.
TEN CHESTNUT STREET
PEABODY, MASSACHUSETTS 01960
JoHN E. MURPHY Telephone
JOSEPH CURTIS RYAN 531-1421
TIMOTHY J. OKEEFE
JOHN E.MURPHY,JR. June 22 , 1979
JAMES F. RRNNIcR
Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
Dear Sir:
We are writing to you with further reference to our
letter of June 15, 1979 on behalf of our client Dr. James
E. Connolly of 18 Naples Road in connection with a zoning
matter involving adjacent property at 20 Naples Road owned
by Mr, and Mrs. Parker.
As we indicated in our letter of a week ago, Dr. Connolly
had expressed some reservations concering whether or not a
certain five foot lot line requirement could be met. Dr.
Connolly has had a plan developed by Essex Survey and a
print of it is enclosed for your ready reference. This plan
would seem to indicate that the structures on the westerly
side of the Parker property are not parallel to the lot line.
More particularly the plan shows a divergence with respect
to the house from 4. 8 feet to 5. 2 feet with a further divergence
for the deck. Thus the five foot ordinance requirement with
respect to the deck would appear to be met. However, we
would respectfully direct your attention to a more fundamental
aspect of the relevant provisions of the zoning ordinance.
Section VII-L of the zoning ordinance is entitled
"Roofing Over Or Enclosing Existing Porches, Etc" . It provides
that in certain instances the Inspector of Buildings may issue
building permits to repair, rebuild, roof over or enclose
existing porches, terraces, outside stairs, and similar
appurtances to dwellings, regardless of the normal and usual
set back requirements, provided certain conditions are met.
One of the more significant aspects of this provision of
the zoning ordinance..is its broad sweep dispensing with the
normal serback requirements which are such an important part
Page 2 June 22 , 1979
any zoning ordinance because of the very meaningful effect
and impact these requirements are-.designed to have to protect
property owners in the normal enjoyment of their property.
In view thereof we would submit that this provision of the
zoning ordinance should be construed quite carefully to
ascertain and verify the exact nature and scope thereof.
We would submit that the clear meaning of the language
used as well as its intent is to give the Inspector of
Buildings discretionary authority ("may issue") in certain
instances to issue a building permit solely for the enclosing
of an existing structure, such as enclosing an open, outside
staircase, enclosing an open porch, enclosing an open terrace,
etc. We would submit that the authority of the Inspector
of Buildings under this provision of the zoning ordinance is
limited to the granting of a permit to enclose only and
certainly does not extend in some sort of ancillary manner
to a right to grant a permit to remodel and convert that which
has been enclosed to something other than a porch, a terrace,
outside stairs, etc. particularly where the remodeling or
converting would otherwise require a variance from the Board
of Appeals. .
Thus, on behalf of our client, Dr. Connolly,we would
respectfully suggest that the Inspector of Buildings may well
find that Mr. and Mrs. Parker could be entitled to a building
permit to enclose that structure sometimes termed a terrace,
deck or open porch but the permit must be so limited under this
provision of the zoning or nce and in no case can the permit
be extended to remodeli or onverting without a variance from
the Board of Appeals.
Very trFURTIS
s,
SSI PHYAN
JCR/emg
MURPHY, RYAN & O'KEEFE
ATTORNEYS AT LAW, INC.
TEN CHESTNUT STREET
PEABODY, MASSACHUSETTS 01960
JOHN E. MURPHY Telephone
JosEPH Cunns RYAN $31-1421
TIMOTHY J. O'KEEPE
JOHN E.MURPHY,JR.
JAMES F. RENN[CR June 15, 1979
Building Inspector
City of Salem
One Salem Green
Salem, Massachusetts 01970
Dear Sir:
Please be advised that this office rpresents Dr.
James E. Connolly of 18 Naples Road in coitnpction with
a zoning matter involving adjacent property at 20 Naples
Road owned by Mr. and Mrs. Parker.
Dr. Connolly has informed us that about a year ago
Mr. and Mrs. Parker sought a variance from the Board
of Appeals to expand the existing dwelling and the Board
denied the variance request.
Dr. Connolly has further advised us that he under-
stands that quite recently Mr. and Mrs. Parker made appli-
cation to you for a building permit to expand the existing
structure, citing certain portions of the �Zoning Ordinance
which, purportedly, would entitle them to the building
permit if certain criteria and conditions were met. One
of these conditions , as he understands it, is a five foot
lot line requirement.
Dr. Connolly has reason to believe that the five feet
may not be there and he has retained the services of a
competent professional surveyor to establish the precise
location of the lot line once and for all. The surveyor
has informed Dr. Connolly that he will have a plan developed
within the next week or ten days.
Page 2 June 15 , 1979
In view of the foregoing circumstances we would
respectfully request that you postpone acting on this
building permit request for a few more days until the
survey results are available. Waiting a few more days
should not cause any hardship to the applicant and it
certainly would avoid a lot of problems of which we are
all aware if the permit were issued and the surveyresults.
indicated that the five foot lot _line. requirement is
not in fact met.
Thank you for your consideration in this matter.
ery trul rs
�
OEH
CU TIS RYAN
i
1
JCR/emg
William J. Tinti
ATTORNEY AT LAW
70 WASHINGTON STREET
SALEM, MASS. v!.1,�� p 9 �'1,�.tt� Qe 739-2172
01970
R C.'.A=0
June 5, 19'AiY OF S1:_cP.!,1;F;SS.
Mr. John B. Powers, Inspector of
Buildings & Zoning Enforcement Officer
City of Salem
Public Property Department
1 Salem Green
Salem, Massachusetts 01970
Dear Mr. Powers :
The Zoning Ordinance of the City of Salem Section VII L.
provides for the "Roofing Over or Enclosing Existing Porches,
etc . "
In certain instances the Inspector of Buildings may issue building
permits to repair, rebuild, roof over, or enclose existing porches,
terraces, outside stairs, and similar appurtenances to dwellings
regardless of the setback requirements as listed in TABLE 1 -
Residential Density Regulations, providing the following conditions
are met:
1. The appurtenant structure to be enclosed and/or roofed over
existed before August 27, 1965 .
2 . No portion of the roofed-over or enclosed structure shall
be nearer than five feet to any side or rear lot line .
There shall be no restriction insofar as front yard set-
backs are required, providing, however, the roof or
enclosure does not extend beyond the original structure .
3. The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector, with the coopera-
tion of the Chief of the Fire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood .
If the structure to be roofed and enclosed was built prior to
August 27, 1965, is at least five feet from any side or rear lot
dine, is approved by the Chief of the Fire Department and the
Board of Health, the permit should be issued.
Yours sincerely,
✓WWilliam J. ,Tinti
wjt/ms
SUPPLEMENTARY REGULATIONS �_ SECTION V! !
L,. Roofing; Over Or Enclosing F.>:i sting Porches , Etc .
In certain instances the Inspector of Buildinsma;Y issi.ie
building permits to repair , rebuild, roof over, or enclose
existing porches , terraces , outside stairs , and similar
appurtenances to dwellings regardless of the setback
requirements as listed in TABLE I Residential Density
Regulations , providing the following conditions are met :
1 . The appurtenant structure to be enclosed and/or roofed
over existed before August 27 , 1965.
2. No portion of the roofed-over or enclosed structure shall
be nearer than five feet to any side or rear lot line.
There shall be no restriction insofar as front yard set-
backs are required, providing, however , the roof or
enclosure does not extend beyond the original structure.
3. The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector, with the coopera-
tion of the Chief of the Fire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood.
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William J. Tinti
ATTORNEY AT LAW
70 WASHINGTON STREET q
SALEM, MASS. jL1`! G 9 -6�1,,'I S'l4e 744-2172
01970
_
June 5, 19'�iYOFSILcti,tdASS.
Mr. John B. Powers, Inspector of
Buildings & Zoning Enforcement Officer
.City of Salem
Public Property Department
1 Salem Green
Salem, Massachusetts 01970
Dear Mr. Powers :
The Zoning Ordinance of the City of Salem Section VII L.
provides for the "Roofing Over or Enclosing Existing Porches,
etc . "
In certain instances the Inspector of Buildings may issue building
permits to repair, rebuild, roof over, or enclose existing porches,
terraces, outside stairs, and similar appurtenances to dwellings
regardless of the setback requirements as listed in TABLE 1 -
Residential Density Regulations, providing the following conditions,
are met:
1. The appurtenant structure to be enclosed and/or roofed over
existed before August 27, 1965 .
2 . No portion of the roofed-over or enclosed structure shall
be nearer than five feet to any side or rear lot line .
There shall be no restriction insofar as front yard set—
backs are required, providing, however, the roof or
enclosure does not extend beyond the original structure.
3. The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector, with the coopera-
tion of the Chief of the Fire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood .
If the structure to be roofed and enclosed was built prior to
August 27, 1965, is at least five feet from any side or rear lot
line, is approved by the Chief of the Fire Department and the
Board of Health, the permit should be issued.
Yours- sincerely, , -
William J. ,T_inti
wjt/ms
William J. Tinti
ATTORNEY AT LAW
70 WASHINGTON STREET _
SALEM, MASS. 6„l �- 9 -16 Iti l I,e i9-}-2172
�'
01970
June 5, 19-ATY Or
Mr. John B. Powers, Inspector of
Buildings & Zoning Enforcement Officer
City of Salem
Public Property Department
1 Salem Green
Salem, Massachusetts 01970
Dear. Mr. Powers :
The Zoning Ordinance of the City of Salem Section VII L.
provides for the "Roofing Over or Enclosing Existing Porches,
etc . "
In certain instances the Inspector of Buildings may issue building
permits to repair, rebuild, roof over, or enclose existing porches,
terraces, outside stairs, and similar appurtenances to dwellings
regardless of the setback requirements as listed in TABLE 1 -
Residential Density Regulations, providing the following conditions
are met:
1. The appurtenant structure to be enclosed and/or roofed over
existed before August 27, 1965 .
2 . No portion of the roofed-over or enclosed structure shall
be nearer than five feet to any side or rear lot line.
There shall be no restriction insofar as front yard set-
backs are required, providing, however, the roof or
enclosure does not extend beyond the original structure.
3. The roofing over and/or enclosing of the structure, in
the opinion of the Building Inspector, with the coopera-
tion of the Chief of the Fire Department and the Board
of Health, will not be a hazard to the safety or well
being of the general neighborhood.
If the structure to be roofed and enclosed was built prior to
August 27, 1965, is at least five feet from any side or rear lot
line, is approved by the Chief of the Fire Department and the
Board of Health, the permit should be issued.
Yours sincerely,
�4" A
William J. �Pinti
wjt/ms
744-6900
MAY 9, 1978
DECISION ON THE PETITION SUBMITTED BY IRVING $,-PAULA PARKER CONCERNING PROPERTY
LOCATED AT 20 NAPLES ROAD LOCA"F.D IN fUN R-1 DISTRICT
A hearing on this petition was held on Tuesday, May 9, 1978 at 7:00 P.M. at One
Salem Green. Notices were mailed to abutters and others in accordance with Chapter 808.
Notice of the hearing was duly published in the Salem Evening News advising the public
of this hearing.
The following Board Members were present: Donald Eames, Arthur Labrecque, William
Abbott, Jane Lundregan, James Boulger and Associate Member, Douglas Hopper.
Atty. James Ronan, 59 Federal St. , Salem, represented the Petitioner before the
Board.
The Petitioners wish to enclose an existing patio over and underground garage. Said
addition would have less than the minimum side and rear setback requirements for an R-1
Zone. The Petitioner wishes to have the addition because they need additional room for
a growing family.
The Board voted to deny the petition requested. The Board felt that it would be
detrimental. to the surrounding neighborhood and would lower the property values of the
surrounding properties to allow said addition to be erected with less than the required
side line and setback requirements.
VARIANCE DENIED rrr'<srrrxs**
APPEAL FROM 'IRIS DECISION, IF ANY, SHALL BE MODE PURSUk\T TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED tVIIHIN 20 DAYS AFTER THE DATE OF FILING OF
THIS DECISION IN TI-TE OFFICE. OF THE CITY CLERK.
A COPY OF 'THIS DECISION HAS BEEN FILED IVI111 'THE PLANNING BOARD AND THE CI'T'Y CLERK.
BOARD OF APPEAL
/ C�ne T. Lundregan l
ttt Secretary
INSPECTION REPORT DATE:
.,.
ADDRESS:
OWNER:
OWNER: 4 l/osol
7`�sP //
USE GROUP: �3
NUMBER OF STORIES: 043
NUMBER OF ROOMS (BY STORY : IST �S�MS �� 4TN 3QMQ
HOW HEATED: -
GAS :- YESy✓ NO:
NUMBER OF SANITARIES:
NUMBER OF APPROVED EGRESS DOORWAYS:
REMARKS:-
FEE RECEIVED: YES NO: %/,
4
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Louis E: BAKER
ATTORNEY AT LAW
- 254 ESSEX STREET
745.2120 SALEM. MASSACHUSETTS 01970
April 12 , 1975
Building Inspector
City of Salem
Salem, lWassazhusetts 01970
Dear Sir:
This is to notify you, as is required by Section 111,43 of The
State Building Code , on behalf of Walter W. Annable who is the
owner of the dwelling located at 20 Naples Rd. , Salem, which
-dwelling is under a purchase and sale agreement, the entire
premises to be vacated on or before April 18 , 1975
Entry to the premises may be obtained by contacting the owner,
telephone no. 744-5119.
Will you:akindly acknowledge receipt of- this notice , by signing
and dating the attached and returning same to the undersigned.
Yours very truly
Walter W. Annable
By his Attorney, duly Authorited
Louis E. Baker
254 Essex Street
Salem, Mass.
Date:
I received this notice as required by State Building Code ,
section 111,43
Louis E. BAKFR
ATTORNEY AT LAW
- 254 ESSEX STREET
745-2120 SALEM, MASSACHUSETTS 01970
April 12, 1975
Building Inspector
City of Salem
Salem,, '10assamhusette 01970
Dear Sire
This is to notify you, as is required by Section 111,43 of The
State Building Code`, on behalf of Walter W. Annable who is the
-owner of the dwelling located at 2(Y Naples Rd. , , Salem, which
dwelling 3s under a purchase and sale agreement, the entire
premises to be vacated on or before April 18, 1975•
Entry to the premises may be obtained by contacting the owner,
telephone no: 744-5119:
Will yot� Zindly acknowledge receipt of—this notice', by signing
and datzn'11 the 'attached and returning same to the undersigned.
5
Yours very truly
Walter W. Annable
By his Attorney, duly Authorid
I,ouis E. Baker
254 Essex Street
Salem, Maes.
Dater
I received this notice as required by State Building Code,
section 111443
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