132 NORTH STREET - BUILDING JACKET 132 NORTH STREET
1
Miller Design LLC
Transmittal Letter
To: Thomas J. St. Pierre
Inspectional Services Director
Salem Building Department
From: Miller Design
Project: 132 North Street
Date: April 2, 2014
Subject: Building Code Review
Thomas,
This letter is written as requested by your office to confirm our belief that the project for
minor renovations and change of use at 132 North Street in Salem falls under the
purview of the International Existing Building Code as listed on sheet A2 of the permit
drawings. Furthermore, our Work Area calculations as listed on sheet A2 indicate that
the project falls under the definition of a LEVEL 2 alteration which does not require a
sprinkler system to be installed per section 704.2.2.
Thank you for your consideration.
Diane Beckley Miller AIA, LEED AP, EdM
o '
FORD,
AFP.
enrorai
Miller Design LLC
52 Statler Road Belmont MA 02478
T: 617-993-3157 E: info@millerdesignllc.com
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(Cittl of —ittlem, 4 Hussurflusetts
344 ' Poura of cAppral
OCT J i
DECISION OF THE PETITION OF PAMELA ZERBER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-I)
A hearing on this petition was held September 11,1996 and continued agair
until October 16, 1996 with the following Board members present: Gary
Barrett, Chairman, Puna Cohen, Richard Dionne, Joseph Ywuc and Paul
Valaskatgis. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News
accordance with Massachusetts General Laws Chapter 40A.
Petitioner, requests a Variance to expand a non conforming structure to
a dormer for the property located at 132 North Street (B-I) .
The Variance which has been requested may be granted upon a finding of tt
Board that:
1. Special conditions and circumstances exist which especially affect tt
land, building or structure involved and which are not generally affectir
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented
the hearing, makes the following findings of fact:
1. Petitioner seeks a variance in order to construct a dormer on the thi
floor of a non-conforming structure in as much as the existing
structure does not meet current setback requirements.
2. Petitioner indicated the use of the building as a Tanning Salon and
gift shop.
3. The proposed dormer would provide a means of egress from the third
floor.
4. Peter Kovtvakis, owner of Peter's Bait & Tackle Shop, of North St. , ar
a resident of 1 Randall St. spoke in favor of the petition. He
expressed his belief that the proposed project would improve the
neighborhood.
5. Joseph Capolla, 143 North St. owner of Lena's Sub shop and a direct
abutter spoke in favor of the petition. He indicated that the propost
project would improve the neighborhood.
6. Nina Buba, 130 1/2 North St. , a direct abutter expressed her concerns
about the proposed project at the initial hearing before the Board
through her attorney Charles Goddard.
7. Petitioner represented the closing hours for the proposed business
would be 9:00 p.m.
8. The matter was continued for a second hearing in order to allow the
petitioner to meet and discuss the proposed project with Mrs.
Buba, the direct abutter.
9. At the continued hearing, by letter Charles Goddard, Esq. representing
.ACa: d
•-1jC•,, n.-:..:,, mSLr' J .
DECISION OF THE PETITION OF PAMELA ZERBER REO_UESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-1)
page two
the direct abutter, Mrs. Buba, indicated that his client and the
petitioner had related agreements relative to her concerns and
that she was in favor to the petition.
10. Jim Fleming, 47 Buffum St. expressed concerns that the subject propel
was in past a residential zone and further expressed concerns about
converting a residential property to Business Use in speaking in
opposition to the petition.
11 . Ward 6 Councillor Sally Hayes expressed her opposition to the petitic
raising questions about the proposed use of the property as a tannin€
salon and requested an administrative appeal .
12. The Board advised Councillor Hayes that a request for an administrate
ruling was not properly before the Board as a result of a failure to
comply with the proper administrative filing requirements. At the
continued hearing a proper request for an administrative ruling had
still not been filed.
13. The existing non-conforming structure is located at the rear of the
lot and side lot lines.
14. Petitioners have done extensive restoration work for the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to gran.
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are i
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. A Certificate of Inspection is to be obtained.
6. Petitioner shall obtain a building permit prior to beginning any
construction.
7. Petitioner is to obtain approval from any City Board or Commission
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a t"
DECISION OF THE PETITION OF PAMELA ZERBER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-1)
page three
having jurisdiction including, but not limited to the Planning Board,
particularly with respect to approval of signage.
8. Exterior finishes of the new construction shall be in harmony with the
existing structure.
9. Terms and conditions of Mr. Goddard letter dated September -26, 1996
and initialed by the Petitioner are incorporated herein by reference
as conditions of this decision.
Variance Granted
October 16,1996
1 �,�L yJ�C/vvZrivV W C�✓
Gary Barrett, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE Cl'
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 0:
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, tf
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 elapsed and no appeal has been filed, or that, if such appeal hz
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
wl
Citp of 6alem, AaggarbU0tt6
f Public Propertp Mrpartment
jguilbing Mepartment
(One 9palem &reen
(978) 745-9595 (Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 1 , 1998
Pamela Zerber
132 North Street
Salem, Mass . 01970
RE : Permit #409-97
Dear Ms . Zerber:
Per request of the contractor, Timothy Boucher we
have revoked his permit ( 409-97 ) for the third floor
addition for the property located at 132 North Street .
To resume work, a new permit must be applied for.
Thank you in advance for your advance cooperation in this
matter .
S 'ncerely,
Thomas St . Pierre
Assistant Building Inspector
TSP: scm
cc : Tim Boucher
39 Hathorne St .
Councillor Hayes , Ward 6
JOE{ SITE COPY
BUILDING
CITY OF SALEM
SALEM, MASSACHUSETTS 01970
PERMIT
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JULY 29 97 411719-1997
DATE 19 PERMITNO.
APPLICANT TI IMOTHY J. BOUCHE.R ADDRESSH "CIF NEE-' S(RE: ET 1672
(N0.) (STREET) (CONTRS LICENSE)
CITY SALEM STATE MA ZIP CODE 01970 TEL.NO. 508-741-1695
ALTERATION G:[FT SHOP/TANNING SALO NUMBEROF 1
PERMIT TO ( ) STORY DWELLING UNITS
(TYPE OF IMPROVEMENT) N0. - (PROPOSED USE)
0132 NORTH STREET ZONING F31
AT(LOCATION) DISTRICT
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
SUBDIVISION IYIAP 27 LOT 02.75 BLOCK LSIZE
OT 1110068&4 SO F'1
BUILDING IS TO BE FT.WIDE BV FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: PERMIT TO BUILD 3RD FLF2 10FRMFl TO HE: U13ED AS TANNING ROOM. MAKING EVIT FOR 2N
Call for Permit t®occupy
AREA OR 11� 0171 y 000 PERMIT Q 1:..`..`_i, 01 1
VOLUME ESTIMATED COST$ W
(CUBIGSOUARE FEET)
OWNER ZERHER PAMELA .J'
BUILDING DEPT,
ADDRESS132 NORTH ST BY M_M_M_
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENTOF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
1 1 1
2 2 2
1
BOARD OF HEALTH GA INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
1 1
OTHER CITY ENGINEER 2
WORK SHALL NOT PROCEED UNTIL THE [AS
ERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS OT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION. NOTED ABOVE. OR WRITTEN NOTIFICATION.
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Public Prapertq Department
iguilbinu Department
�pm�e
(One #Mrm Green
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
August 8 , 1996
Gary Barrett
Chairman, Board of Appeal
One Salem Green
Salem, Mass . 01970
RE : 132 North Street
Dear Mr . Barrrett :
I am in receipt of a copy of the letter sent to you
from Ward Councillor Sally Hayes concerning her appealing
my ruling of the property at 132 North Street .
fl . The property is totally located in a B-1
District , so that Article V11 , Section 7-9 , on page 33 is
irrelevant .
#2 . Under Article V, 5-2 (D ) B-1 District , item ( 12 )
Barber shops and beauty parlors are a permissible use in
this district .
13 . According to Oxford American Dictionary, the
definition of beauty parlors is such - ( beauty parlor or
shop , a beauty salon; beauty queen , a woman Judged to be
the most beautiful in a competition. Beauty salon, an
establishment for giving beautifying treatments to the
face, body, ect . ) Therefore, I truly feel I have made the
correct decision in allowing a "tanning" parlor to be
located in a B-1 District, the intended use is a legal
use .
Sincerely,
Leo E . Tremblay
Zoning Enforcement Officer
LET: scm
cc : Robert LeDoux
Pamela Zerber & Robin Grant
Councillor Hayes . Ward 6
beatify bedevil
app-f.y (bi-at-f-ft) V. (be•st•I•fled, tial patch on the face, said to heighten
9•at•1.1yIn9) to honor by beatifica- beaux arts(bohz W) the fine artat.k .
beaver(bee-v6r) n. 1. a soft-furred ani-
ing (bee ting) n 1: punishment by mal with strong teeth that lives both on
ing hit with a stick eta 2. a defeat. land and in water. 2. its brown fur. 3.
n.
Srl•tude(bi-at-f-tood) blessedness in rmal)a hard worker.'
]the-Beatitudes, the declarations be calm (bi-kabm) v. to make (a sailing
tide by Jesus in the sermon on the gip)unable to move because of lack of
fount;'beginning "Blessed are. .. . ." .wind. becalmed' ad'
it-alW(heet-nih) n. a member of the became(bi-kaym) see become. .
st generation (see beat'). be•eause (bi-kawz) conj. for the-reason
w�h) n. (pL beaus, beaux, PP that,did it because I was asked because
oha-},'.l-a•fop or dandy: 2. a suitor or ,adv by reason. on account: because of
judort (boh-fart) scale a scale and his because
l not eat a write the reason
egi*Son of wind velocity ranging ✓s�ea��o see the note under due.
ramt(calm) to(hurricane). b white hii-mel) sauce a rich
sauce.
.of butter,
ttfgeste (boh zhest) (pL beaux �ning f butter, flour. cream and
testes,pr.boh zhest)a display of gener- back (belt) n. a beckoning gature.
uscmdact. pat someone's beck and call,always
(boh rdeal)one's highest or -, read
y and waiting to obey his order.
j&t*of excellence or beauty. beck-on (bek-an) Y. 1. to signal or sum-
aai-lass (boh-zha-lay) m a red or Mon by a gesture 2. to attract.
v*i burgundy wine from Beaujolais. becloud (bi4dowd) V. 1. to cover with
s de(boh mond)fashionable so- bcco clouds. 2(b jmmj v (be•came, bee
twine, .be•com•Ing) t. to COMIC or
aM(byoot) n. (slang) a beauty, a fine gmw, to be to begin to be, she become
pecimen, when I make a mistake, it} a doctor, ask what has become of it,ask
a;6abiif .. . • - what happened to it, or where it is. 2.
sailp.om (byoo-ti-as) adj. (old use) to suit. to be becoming to. -:
o nl.'beau'te•ous•ly adv bssur be•com•ing (bi-kum-ing)-a4 giving a
te"ois,ness n. leasing appearance or effect, smtable
�ttwtl•7d6n (byoo-tish-An) n. a person leasing
adv.
wti� is to give beautifying treat- ted (bed) a 1. a thing to sleep or rest
the face or body. on, a piece of furniture with a mattress
ful (byoo-ti-fill) adj. 1. having and coverings. 2. a mattress, a feather
,giving pleasure to the senses or Ud 3. the use of a bad, being in bed,
2. (informal)very satisfactory a quick drink and then bed:go to bed
•ful•ly adv. ❑bo-eautiful poretire there to sleep. 4. a flat base on
e wealthy trendsetters, fashionable which something rests, a foundation. 5.
s
:.the bottom of the sea or river eta 6. a
q,fyu (byoo-ti-fl) Y. (beau•ti• layer, a bed of clay. 7.a garden plot for
. u•tl•fy-ing) to make beauti- plants.ted v.(bed-ded,bed•ding)1.
•tl•fl•ea•tlon (byoo-ti-fi-kaY- to provide with a place to sleep, to put
),L beau'tl•fl•er n. to bed.2.to place or fix in a foundation, s
(hyoo-tee)n.(PL-ties)1.a wen- the:bricks are bedded in concrete 3. to
.of qualities that give pleasureplant in a garden bed,:he was bedding
flight or other senses or to the out seedlings Ono bed of roses, not
a person or thing having this, a pleasant or easy situation.
tifid woman. 3. a fine specimen. bedaub (bidawb) v. to smear or daub
St=6•becury. 4. a beautiful feature; with paint. mud etc. -
thebeautyryofit.thepointthatgives be-daz-zle (bide<1) v. (bs•daz•
"on I7bsauty parlor or Shop, zled, be-dazzling) 1. to dazzle wen-
Won.beauty queen,a woman pletely. 2. to confuse (a Person)•..,bs•
to be the most beautiful m a com- dazezle•mentn s bloodsucking n. in
beauty salon, an establish- bedbug (bed-bug)
... for=giving beautifying treatments sect infesting beds. -
;.Ike, body, eta beauty sleep, bedding(bed-ing)It mattresses and bed-
that is said to makeor kap a person clothes.
beauty spot, a place with bedeck(bi deli) v. to adorn.
tifid scenery; a birthmark or arnfi- be•dev•il (bidet-11) v. (be•develled,
t
D� Titg of ftem, massttc4usetts
T1 (Fo (Office of the TRU (founcil
0tg Hall
COUNCILLORS-A'T'-LARGE JOHN J.DONAHUE WARD COUNCILLORS
PRESIDENT
1996 DEBORAH E.BURKINSHAW 1996
THOMAS H.FUREY CITY CLERK PETER L.PASKOWSKI
KEVIN R.HARVEY REGINA R.FLYNN
SCOTT J.MCLAUGHJOHN J.DONAHUE
STANLEY J.USOVICZ,JR. LEONARD F.O'LEARY
WILLIAM A.KELLEY
August 6, 1996 SARAH M.HAYES
MARK E.BLAIR
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE : Use of property at 132 North Street
Dear Sir:
I am hereby appealing the recent ruling of the
Building Inspector for the property at 132 North Street.
The Building Inspector has recently ruled that the locus
can be used as a tanning parlor. His opinion is wrongful
on two counts .
The first is that "Tanning Parlor" is not a permitted
use in a B-1 District, as set forth in Article V, Section
5-2D, Page 12 of the Salem Zoning Ordinance.
Secondly, the lot is not only in a B-1 District, but
is also in an R-2 District. By operation of Article VII ,
Section 7-9 , Page 33 of the Salem Zoning Ordinance, the
regulations for the more restrictive portion of the lot
must apply.
Therefore, the intended use of the property is not
lawful .
Sincerely,
SARAH M. HAYES
COUNCILLOR WARD SIX
COPY: Building Inspector
Owners : Pamela Zerber
Robin Grant
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Print your name, a dress and ZIP Code here
Titg of ftlem, massac4usetts
Vublit Prnperig Department
1Nuilbing Mepartment
(One Salem (green
500-745-9595 Ott. 30Q
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
8/4/92
Isadora Vieira
132 North St .
Salem Ma.
01970
Re : 132 North St .
Dear Sir :
Due to complaints received a site inspection was
conducted by this office at the above mentioned address .
Upon inspection it was noted that the paved area of a
recent driveway was not set back from the property line.
Please be advised that you are in violation of the City of
Salem Zoning Ordinance section 7-3 ,E( 5b) . Contact this
' office within seven ( 7 ) days of receipt of this notice.
Failure to do so shall constitute further legal action.
SiirC�re�
David J . Harris
Assistant Building Inspector
cc: Ward Councillor
City Solicitor
^
^'
28 July 92
City of Salem
Building Inspector
I Salem Green, Salem MA 01970
Attn: Mr David Harris
n c~
Nina T Buba
o� uz r
130 1/2 North Street
Salem, MA 01970
Dear Mr Harris , �Z zc -�
m uz
Thank you for taking the time to talk�' tor`�
my son regarding the construction-and—improvement activity on my
neighbor 's property at13012—North—
to
' Stcenvoi
As he mentioned , the property changed
hands in 1991 , and the new owners began making repairs and
improvements to the structure almost immediately "
One of the projects they undertook was to
remove the old concrete patio in front of the house, and replace
it with macadamv or hot tog , and expand the area to include a
driveway to North street .
I believe that the project was done
without a permit , though I am not sure that one is needed, however
as my son explained, you mentioned that one requirement was for
the pavement to be laid two feet from abutting property lines and
that with this letter of complaint your office will inspect and
enforce compliance with the law.
Thank you for your trouble .
'
Nina T Buba
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_ yi CITY OF SALEM BUILDING
SALEM, MASSACHUSETTS 01970
PERMIT
DATE AUGUST 28 19 9E PERMITNO. 493-1996
APPLICANT RICHARD BOUCHER, ADDRESS 3 GARDNER ST 562
(NO.) (STREET) (CONTR'S LICENSE)
CITY SALEM STATE MA ZIPCODE 01970 TEL.NO.
PERMTTTO ALTERATION (_) STORY F,A:-Ow/BO2'TNUMR OF
iG?L'= DWELLING UNITS 0
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
AT(LOCATION)-0 132—NO RT-H" S T-RESTZONING
—(NO,)—(STREET) DISTRICT
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION MAG 27 LOT IZIc75 BLOCK SIZE O00F 884 SO F
BUILDING IS TO BE FT.WIDE BV FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS: REN_iVATiONG FOR TANNING SALON e BOUTiL7.I E Ar PER !--"AN iUBIpliITTCD:. E.
✓ii;) LLtF .. :JL ILL .. LS.' �L t.'l:ti j
AREA OR1
PERMIT
VOLUME ESTIMATED COST.�' L7IIT"' 155.. Ia QI
(CUBIC/SQUARE FEET) cc
FEE .p
OWNER ZERBER PAMELA J
1 NOR I F-I S T BUILDING DEPT.
ADDRESS BY L. E. T
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
j► ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLESEPARATE
REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITS ARE REQUIRED FOR
1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
2 2 2i''='�'K`—tom
BOARD OF HEALTH GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
OTHER CITY ENGINEER 2 2
CERTIFICATE OF OCCUPANCY.
Issued: - 1 hrmit#: is
City of Salem Building Dept.
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
CCU of *11em, ClEassurfrusetts
364 ' �Bnttra of �trpeal
OCT
.)J
DECISION OF THE PETITION OF�PAMELA_ZERBER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED ATy132 NORTH STREET) (B-I)
A hearing on this petition was held September 11,1996 and continued again
until October 16, 1996 with the following Board members present: Gary
Barrett, Chairman, Nina Cohen, Richard Dionne, Joseph Ywuc and Paul
Valaskatgis. 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, requests a Variance to expand a non conforming structure to add
a dormer for the property located at 132 North Street (B-I ) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings , or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner seeks a variance in order to construct a dormer on the third
floor of a non-conforming structure in as much as the existing
structure does not meet current setback requirements.
2. Petitioner indicated the use of the building as a Tanning Salon and
gift shop.
3. The proposed dormer would provide a means of egress from the third
floor.
4. Peter Kovtvakis, owner of Peter's Bait & Tackle Shop, of North St. , and
a resident of 1 Randall St. spoke in favor of the petition. He
expressed his belief that the proposed project would improve the
neighborhood.
5. Joseph Capolla, 143 North St. owner of Lena's Sub shop and a direct
abutter spoke in favor of the petition. He indicated that the proposed
project would improve the neighborhood.
6. Nina Buba, 130 1/2 North St. , a direct abutter expressed her concerns
about the proposed project at the initial hearing before the Board
through her attorney Charles Goddard.
7. Petitioner represented the closing hours for the proposed business
would be 9:00 p.m.
8. The matter was continued for a second hearing in order to allow the
petitioner to meet and discuss the proposed project with Mrs.
Buba, the direct abutter.
9. At the continued hearing, by letter Charles Goddard, Esq. representing
DECISION OF THE PETITION OF PAMELA ZERBER REO_UESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-1 )
page two
the direct abutter, Mrs. Buba, indicated that his client and the
petitioner had related agreements relative to her concerns and
that she was in favor to the petition.
10. Jim Fleming, 47 Buffum St. expressed concerns that the subject property
was in past a residential zone and further expressed concerns about
converting a residential property to Business Use in speaking in
opposition to the petition.
11 . Ward 6 Councillor Sally Hayes expressed her opposition to the petition
raising questions about the proposed use of the property as a tanning
salon and requested an administrative appeal .
12. The Board advised Councillor Hayes that a request for an administrative
ruling was not properly before the Board as a result of a failure to
comply with the proper administrative filing requirements. At the
continued hearing a proper request for an administrative ruling had
still not been filed.
13. The existing non-conforming structure is located at the rear of the
lot and side lot lines.
14. Petitioners have done extensive restoration work for the property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. A Certificate of Inspection is to be obtained.
6. Petitioner shall obtain a building permit prior to beginning any
construction.
7. Petitioner is to obtain approval from any City Board or Commission
DECISION OF THE PETITION OF PAMELA ZERBER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 132 NORTH STREET (B-1)
page three
having jurisdiction including, but not limited to the Planning Board,
particularly with respect to approval of signage.
8. Exterior finishes of the new construction shall be in harmony with the
existing structure.
9. Terms and conditions of Mr. Goddard letter dated September 26, 1996
and initialed by the Petitioner are incorporated herein by reference
as conditions of this decision.
Variance Granted
October 16, 1996 `\
ac
Gary Barrett, Chairman
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 Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied 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
4
V
(fit" ofttlPm, � s �1�uBEt#
Publir Propertq ihpurtment
iguilbing Department
(One d81em (5rern
508-743-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
August 8 , 1996
Gary Barrett
Chairman, Board of Appeal
One Salem Green
Salem, Mass . 01970
RE :'Kl32 North Street':
Dear Mr . Barrrett :
I am in receipt of a copy of the letter sent to you
from Ward Councillor Sally Hayes concerning her appealing
my ruling of the property at 132 North Street .
#1 . The property is totally located in a B-1
District, so that Article Vll , Section 7-9 , on page 33 is
irrelevant .
#2 . Under Article V. 5-2 (D ) B-1 District , item ( 12 )
Barber shops and beauty parlors are a permissible use in
this district .
#3 . According to Oxford American Dictionary, the
definition of beauty parlors is such - (beauty parlor or
shop , a beauty salon; beauty queen, a woman judged to be
the most beautiful in a competition. Beauty salon, an
establishment for giving beautifying treatments to the
face, body, ect . ) Therefore , I truly feel I have made the
correct decision in allowing a "tanning" parlor to be
located in a B-1 District , the intended use is a legal
use .
Sincerely,
,J
Leo E . Tremblav
Zoning Enforcement Officer
LET: scm
CC : Robert LeDoux
Pamela Zerber & Robin Grant
Councillor Hayes , Ward 6
beatify / bedevil
at.i• y (bi-at-141) v. (be-st•1•fled, cial patch on the face, said to heighten
a•at•1 fyIng) to honor by beatifiox- by xuxu arts(bohz ahr) the fine arts
be .
!''„.,' .. a•ver (bee-ver) n. 1. a soft-furred am-
ping (bee-ting) n. 1. punishment by teeth
ling bit with a stick etc. 2. a defeat. laud a d sin water. 2.items brown for. 3.
tdal•tude(bi-atd-tood)n.blessedness ! rmal)a hard worker. _
]tile-Beatitudes, the declarations bs•�m (bi-kahm) v. to make (a sailing
lade by Jesus in the Sermon on th.e ) unable to move because of lack of
too”,beginain6 Blessed are... . . ,wind..be•ealmedr ad}''. - :;'•
dmlk':(beet.nik) n. a member of the beoom � .
st generation (see beat'). - be-came(bi-caym) see e•
at40yb) n. (PL beaus, beaux, pr. b that,de tb ecaws) cons. for the reason
ds}1!-a fop or dandy. 2. a suitor or that did it because o I was asked.because
vadcatt. ads by reason on account: thebecause
ea of
mdad (bob-fdrt) stale a scale andL his age.DLM not s say a write the reason
ei notion of wind velocity ranging is�°��o see -mel) s under due.
rW.(calm) to(hurricane). b white sauce
aucMel (of butter,
flour,
saute a rich
at�geste (boh zhe n) (PL beaux seasoning. of butts, flour. cream and
motes,Pr.boh zhest)a display of gena. beck (bek) s. a beckoning gestum
,us,cooduct. _oat someone's beck and call,always
(boh idea)one's highest or ready and waiting to obey his orders-
type of excellence or beauty. bedk•On (bekdn) v. 1. to aigoal or num-
81W6.1als (boh.zh8-lay) n. a red or mon by a gesture. 2. to attract
vhlfe burgundy wine from Beaujolais, be•coud (bi4dowd) v. 1..tocoverwith
aYt.monde(boh mond)fashionable so- °IOC 2. obscure _
be-come (bi-icor) v. (bs•Came, los•
" ' I,.'..,- Come, .be-COM-Ing) I. to come or
WA(byoot) n. (slang) a beauty, a fine tea, to be, to begin to be, she became .t
qei m=4 when I make a mistake, it's a doctor, ask what has become of it..ask
aeaat what happened to it, or where it is. 2.
aWte•ous (byoo-ti-ds) ads. (old use) to suit,to be becoming to,
vAtifuL'-beatvte•ous•ly adx beaW be,cm.ing (bi-Imm-ing)-a4 giving a
babita.ness n leasing appearance or effect, sortable.
X11-Uin (byoo-tish-An) n. a person N•eomling•ly adv. .
is to give beautifying treat- tied (bed) a 1. a thing to slap or rest
.: the face or body. ._ on, a piece of furniture with a mattress
:ful (byoo-ti-fill) ads. 1. having and coverings. 2. a mattress, a feather
..giving pleasure to the seam or bed. 3. the use of a bed, being in bed,
2. (informal)very satisfactory. a quick drink and then bed go to bed,
•ful•ly adv. ❑beauttlul pso- retire there to sleep. 4. a flat base on
p ewealthy trendsetters, fashionable which something rest& a foundation. 5.
. the bottom of the sea or river etc.6. a
#IIfy (byoo-d-ft) v. (beau•tl• layer, a bed of clay. 7. a garden Po
u•tl•ty•Ing) to make beauti- plants.bed v.(bed-ded,bed•ding)1.
o•tl•fi•ca•tlon (byoo-ti-fl-ksy- to provide with a place to Sleep, to Put
f2l._"t
beaWtl•fl•er n. to bed.2.to place or fix m a foundation.
cyoo-tee)n.(PL-ties)1.a con- they bricks are bedded in concrete. 3. to
an
of qualities that give pleasure plant in a garden bed. he was bedding
ight or other senses or to the out seedlings ❑no bedof rosos, not a person or thing having this, a pleasant or easy situation. t
tiful woman. 3. a fine specimen. be-daub (bidawb) Y. to smear or daub
e
b=a beau 4. a beautiful feature, with paint, mud. etc.
the
beauty of it.the point that gives be-daz-zle (bt-daz-81) v. (bs•daz•
❑tbseuty parlor or shop, zlsd,be•daz•zling) 1. to dazzle tons-
salon.beauty queen,a woman pletely. 2. to confuse (a Person). bee
to
be the most beautiful in a axn- dazPxle-ment n. a bloodsucking in-
ou. beauty salon, an establish- bedbug (bed-bug)
n.forgiving beautifying treatments sax infesting beds.
. body, etc. beauty sleep. bedding(bed-ing)n.mattresses and bed-
is said to makeor kap a person clothes.
-beauty spot, a place wick bedeck(bidek) x to adorn.
tiful scenery; a birthmark or artifi- be (bidev-il) v. (be•devged,
rpt:.
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. Titg of ftem, massar4usetts
�F A (Office of t4c (MV Touncil
(llitu mall
COUNCILLORS-AT-LARGE JOHN J.DONAHUE WARD COUNCILLORS
PRESIDENT
1996 DEBORAH E.BURKINSHAW 1996
THOMAS H.FUREY CITY CLERK PETER L.PASKOWSKI
KEVIN R.HARVEY REGINA R.FLYNN
SCOTT J.MCLAUGHLIN JOHN J.DONAHUE
STANLEY J.USOVICZ,JR. LEONARD F O'LEARY
WILLIAM A.KELLEY
August 6, 1996 SARAH M.HAVES
MARK E.BLAIR
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE : Use of property at 132 North Street
Dear Sir:
I am hereby appealing the recent ruling of the
Building Inspector for the property at 132 North Street.
The Building Inspector has recently ruled that the locus
can be used as a tanning parlor. His opinion is wrongful
on two counts .
The first is that "Tanning Parlor" is not a permitted
use in a B-1 District, as set forth in Article V, Section
5-2D, Page 12 of the Salem Zoning Ordinance.
Secondly, the lot is not only in a B-1 District, but
is also in an R-2 District. By operation of Article VII ,
Section 7-9 , Page 33 of the Salem Zoning Ordinance, the
regulations for the more restrictive portion of the lot
must apply.
Therefore, the intended use of the property is not
lawful.
Sincerely,
SARAH M. HAYES
COUNCILLOR WARD SIX
COPY: Building Inspector
Owners : Pamela Zerber
Robin Grant