133 1/2 NORTH STREET - BUILDING JACKET No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN,OH
MCGREGOR,TX-LOCUST GROVE,GA
U.S.A.
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR CLtRK'S OFFICE
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
100b FEB 10 A 9: Ob
DECISION OF THE PETITION OF CHAZ FISHER REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 133 '/2 NORTH
STREET R-2
A hearing of this petition was held on February S, 2006 with the following Board
Members present:Nina Cohen, Chairman,Robin Stein, Richard Dionne,Nicholas
Helides and Edward Moriarty.Notice of this 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 petitioner is requesting a Special Permit to alter a non-conforming structure and a
Variance from the number of stories to construct third floor dormer for the property
located at 133 %North Street located in an R-2 zone.
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:
1. Petitioner Chaz Fisher appeared and presented the petition.
2. Mr. Fisher opened this petition at a prior meeting of the Zoning Board of Appeals
on November 16,2005.
3. At the November Ie meeting a neighbor representing the condominiums
abutting the driveway of Mr. Fisher property, expressed support for the
renovation, but concern over access and parking.
4. Zoning Board Members expressed concern and dismay over the current poor
condition of the property.
5. Mr. Fisher asserted that it was his intention to renovate the property.
6. The details of the renovations and request were reviewed and discussion focused
on the expansion of living space for the existing second floor units onto the third
floor which is currently functionally obsolescent. The renovated third floor space
could serve as additional bedrooms for more occupants.
MA
DECISION OF THE PETITION OF CHAZ FISHER REQUESTING A VARIANCE OFFICE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 133 %NORTH
STREET R-2
page two i00b FEB 10 A 9: 0�
7. The petition was continued to this evening's meeting after Mr. Fisher asserted that
there was sufficient onsite parking for the grandfathered existing four residential
units. The board requested a parking plan.
8. Mr. Fisher asserted that the property current zoning status is a grandfathered 4
family use.
9. Mr. Fisher asserted that he had contacted and obtained the support of his City
Councillor, Paul Prevey.No letter of communication was received from Mr.
Prevey and he was not present.
10. A hand drawn parking plan on a plot plan from an unidentified source was
presented. The drawing showed six parking spaces.
11. Mr. Fisher stated that he has presently received a demolition permit for I unit
from the City.
12. Mr. Fisher reviewed the plans for construction with the Board providing detail
on the new room configuration,room size,and asserting that the foot print of
the building would not change.
13. Mr.Fisher specified that his request is for a special permit to construct a room
dormer which will change the roof lines.
14. Mr. Fisher asserted that there will be no detriment to his neighbors.
15. Mr. Fisher asserted that by changing the pitch of the roof to a softer pitch
there will be a benefit to this neighbors concerning water runoff.
16. Mr. Fisher asserted that by renovating the units he will then be able to attract
better tenants.
17. Mr. Fishes discussed room sizes and dimensions.
18. Board member Robin Stein commented on the definition of hardship and the
threshold for asserting it.
19. Board Member Nick Helides commented on the need to address the impact of
expanding the non conforming use.
20. Mary Woodcock spoke in opposition to the request and inquired of the status
of current foreclosure proceedings.
21. Mr. Fisher admitted to financial difficulty and stated that he had a construction
loan commitment that was subject to the results of this petition.
22. Board Member Nick Helides inquired from the Building Inspector if the parking
plan would meet current city requirements. After discussion it was determined
that it would not,based on the 14.4' width and the impact of a proposed
designated parking spot at the drive entrance restricting access to less than the
requirement.
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. Special conditions do not exist which especially affect the subject property and
not the district in general.
DECISION OF THE PETITION OF CHAZ FISHER REQUESTING A
'FIGS A
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 133 '/2 NORTH
STREET R-2
page three
206 FEB 10 A 9: 01
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance 8t Special Permit
Denied
February 8, 2006
Nicholas Helides�5c,+�
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 of 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 Certificate of
Title.
Board of Appeal
Public Propertg Department
+Nuilbing Department
(One 6alem (5reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building June 4 , 1996
Zoning Enforcement Officer
Doreen W. Cirinna
P.O. Box 153
Topsfield, Mass . 01983
RE: 133 1/2 North Street
Dear Ms . Cirinna :
This office has once again received a complaint
concerning the above mentioned property. It appears wild
animals are once again entering this building. This
building has been abandoned for several years , and it is
time that a decision to repair said building or remove it
by means of demolishing should be considered and made
before the building is condemned . This building in its
present state is a safety hazard to the surrounding
properties , and also presents a fire hazard.
Please contact this office upon receipt of this
letter as to your course of action in this matter .
Failure to do so will result in legal action being taken
against you .
Sincerely,
Leo E. Trembl7
Inspector of Buildings
LET: scm
cc: Jane Guy
David Shea
Councillor Hayes , Ward 6
CITY OF SALEM
NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction
Hist. Comm. Yes ❑ No 11
REFERRAL FORM Cons. Comm. Yes cl No G
SRA Yes ❑ No F-
Date:
Address:
Complaint: �/ ��an�✓ c�c/ `i ���CP
Complainant: a(ltlr-)�z,vii'eJ C Phone#:
Address of Complainant:
UILDING INSPECTOR KEVIN HARVEY
FIRE PREVENTION ELECTRICAL DEPARTMENT
c
DEPARTMENT
CITY SOLICITOR
dLIMAL CONTROL SALEM HOUSING AUTHORITY
PLANNING DEPARTMENT POLICE DEPARTMENT
TREASURER/COLLECTOR ASSESSOR
UNCILLOR DPW
SHADE TREE DAN GEARY
PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SE
WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
U!' R
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GAJ,,(l 1 f�} ,�l e
�IMMP�' IF 0 it � V' 12 P I t
CITY OF SALEM HEALTH DEPARTMENT RU EiYE0
BOARD OF HEALTH CIT YO SALEi1- 1114SS.
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
(617) 741-1800
August 11 , 1986
Harry Waldman
31 Lothrop Street
Beverly, Mass. 01915
Dear Sir :
Numerous complaints have been received regarding rodents and squirrels at your
vacant multiple dwelling at 1332 North Street in Salem.
An on site inspection was conducted by this department on August 8, 1986 and
the following were noted:
The wooden shed-like addition in the back of the house has rotted and fallen
into partial ruin and decay. There are two large openings . In addition, there
are many tree clippings placed in front of one of the entrances.
The conditions present a potential health, safety and fire hazard to the neighbor-
hood, especially the children, and are conduisive to the breeding and harborage
for rodents , animals and insects.
You are hereby ordered to contact the Building Inspector within 36 hours to the
removal of this structure or the repair of the same.
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 seven (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.
FOR THE BOARD OF HEALTH
ROe.rBL0ENKHJ0RNJC.H.O.
HEALTH AGENT
REB/m
cc : Building Inspectorl/ cc: Fire Inspector cc: Louis Mroz
I
Commonwealth of Massachusetts
City of Salem
i .
" Inspectional Services
[REC EI PTT 120 Washington St,3rd Floor Salem,MA 01970 Phone:(978)745-9595 x5641
Application For Building Permit (For Buildings other than a One- or Two-Family Dwelling)
(This Section for Official Use Only)
PIN: TB-16-461 Date Applied: 5/5/2016
Building Official(Print name):
SECTION 1: SITE LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available)
133-1/2 NORTH STREET , Salem, MA
SECTION 2: PROPOSED WORK
Are Building plans and/or construction documents being supplied as part of this permit application?: No
Is an Independent Structural Engineering Peer Review Required? Yes❑ No❑
Brief Description of Proposed work: COMPLETE RENOVATION; ALL NEW ELECTRIC, PLUMBING WITH NO
STRUCTURAL CHANGES
NOTE: CONTRACTOR WITH DREW THE PERMIT. NO WORK WAS DONE AT THIS SITE. (MAY. 2016)
SECTION 3: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION, ADDITION,OR CHANGE IN
USE OR OCCUPANCY(Check Here_if an Existing Building Evaluation is enclosed(see 780 CMR 34))
Existing Use Group: Proposed Use Group:
SECTION 4: BUILDING HEIGHT AND AREA
Existing Proposed
No. of Floors/Stories(Include basement levels)&Area Per Floor(sq.ft.) 0 1 0.00 0 1 0.00
Total Area (sq. ft.) and Total Height(ft.) 0.00 1 0.00 0.00 0.00
SECTION 5: USE GROUP
SECTION 6: CONSTRUCTION TYPE
Multifamily 3+
SECTION 7: SITE INFORMATION(refer to 780 CMR 111.0 for details on each item)
Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal:
Public Check if inside Flood ZoneE] Municipal will not required ❑ Licensed Disposal Site Elor or
Identify Zone: Is enclosed ❑ or specify:
Railroad right-of-way: Hazards to Air Navigation: NIA Historic commission Report Process:
Not applicable ❑ Is Structure within airport approach area? Is their review completed?
or Constant to Build Enclosed ❑ Yes ❑ No ❑ I
Yes ❑ No ❑
SECTION 8: CONTENT OF CERTIFICATE OF OCCUPANCY
THIS IS NOTA PERMIT
°° ° �, Commonwealth of Massachusetts
City of Salem
q Inspectional Services
RECEIPT 120 Washington St,3rd Floor Salem,MA 01970 Phone:(978)745-9595 x5641
Edition of Code: Use Group(s): Type of Construction:
Occupant Load per Floor Does the building contain a sprinkler system?:#Error
Special Stipulations:
SECTION 9: PROPERTY OWNER AUTHORIZATION
ONE SG,LLC 14 BORDER STREET WOBURN MA 01801
(617) 821-6642
If applicable,the property owner hereby authorizes
SEAN ANDERSON. 81 GERTRUDE STREET LYNN MA 01902
To act on the property owners behalf,in all matters relative to the work authorized by this building permit application.
SECTION 10: CONSTRUCTION CONTROL(Please fill out Appendix 2)
(If building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then skip Section 10.1)
10.1 Registered Professional Responsible for Construction Control
Name Phone Email Registration Number
Address Discipline Expiration
Date
10.2 General Contractor
BIG A'S HOME IMPROVEMENT LLC
Company Name
099866 CONSTRUCTION SUPERVISOR
SEAN ANDERSON * License no. and License Type if Applicable
Name of Person Responsible for Construction
Address: 81 GERTRUDE STREET LYNN MA 01902
Phone (857) 891-2589 Email Address
SECTION 11: WORKER'S COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152§25C(6))
A Worker's Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application.Failure
to provide this affidavit will result in the denial of the issuance of the building permit.
Is a signed Affidavit submitted with this application?True
SECTION 12: CONSTRUCTION COST AND PERMIT FEE
Total Estimated Costs(Labor and Materials): $122000.00 1 Building Permit Fee: $854.00
Enclose check payable to the City of Salem, Ck#
SECTION 13: SIGNATURE OF BUILDING PERMIT APPLICANT
By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate
to the best of my knowledge and understanding.
(857) 891-2589
THIS IS NOT A PERMIT
J
Commonwealth of Massachusetts
b t .
City of Salem
m Inspectional Services
RECEIPT 120 Washington St,3rd Floor Salem,MA 01970 Phone:(978)745-9595 x5641
Please print and sign name Title Telephone
Address: 81 GERTRUDE STREET LYNN MA 01902 Date: 5/5/2016
Municipal Inspector to fill out this section upon application approval: 5/6/2016
Name Date
THIS IS NOT A PERMIT y
MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION
Two Center Plaza
Boston,Massachusetts 02108.1904
16171723.3800 Ma Only(8001392-6108, FAX 18001851.8424
412212015
Form of Notice of Casualty Loss to Building
Under Mass. Gen. Laws,Ch.139.Sec.313
SALEM BUILDING COMMISSIONER
SALEM CITY HALL
SALEM MA 01970
Re: Insured: CHAZ R FISHER
Property Address: 133.5 NORTH ST,SALEM, MA 01970
Policy Number: 1264659
Type Loss: Water Damage:All Other Water Damage
Date of Loss: 0412012015
Claim Number: 337922
Claim has been made involving loss,damage or destruction of the above captioned property,which may either
exceed $1000.00 or cause Massachusetts General Laws Chapter 143.section 6 to be applicable. If any
notice under Massachusetts General Laws, Chapter 139,Section 3B is appropriate, please direct it to the
attention of the writer and include a reference to the captioned insured,location,policy number,date of loss
and claim or file number.
MPIUA Claims Division
CMA00021