5 NURSERY STREET - BUILDING INSPECTION 5 NURSERY STREET.. -
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DECISION ON THE PETITION OF MARTIN GILBERT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT,5-, SERY STREET-R=2=
A hearing on this petition was held March 15, 2000 with the following Board Members
present: Nina Cohen, Chairman, Stephen Buczko, Ronald Harrison, Richard Dionne and
Stephen Harris. 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 Special Permit to convert 2 family dwelling to a 3 family dwelling.
Martin Gilbert is under agreement to purchase the property located at 5 Nursery Street
on the condition that I can occupy the third floor.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
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
stuctures 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, and
after viewing the plans, makes the following findings of fact:
DECISION ON THE PETITION OF MARTIN GILBERT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 NURSERY STREET R-2.
page two
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1. The petitioner, Martin Gilbert represented himself at the hearing.
2. The petitioner presented professionally prepared plans to assure adequate
parking spaces in the event the special permit was permitted.
3. The house has been occupied as a three family unit for 19 years and only ceased
being that in November of 1999 when the third floor occupant moved out.
4. The owner, William Murphy, who lives on the first floor, spoke on behalf of the
petitioner and indicated that even though the house is technically a two family
unit, the third floor unit still must have heat to avoid water pipes from freezing
during the winter and this adds to the cost of upkeep.
5. There was no opposition to the petition.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can 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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 4-1, to grant the relief requested, subject to
the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. A Certificate of Occupancy shall be obtained.
4. Rear area of parking must be made of loose materials and not paved.
Special Permit Granted
March 15, 2000 l�Gln� #a,,4,1 CSC-v')
Ronald Harrison
Board of Appeal
DECISION OF THE PETITION OF MARTIN GILBERT REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 5 NURSERY STREET R-2
page three
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 MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is 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.
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Puarb of �Fpeal CITY C_ 'bi,HASS.
DECISION ON THE PETITION OF THOMAS & CONSTANCE MOULTON FOR
A SPECIAL PERMIT FOR 5 NURSERY STREET
A hearing on this petition was held on August 27, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski. and
Strout. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
The petitioners are the owners of :the property, and ae requesting a Special Permit
to allow the use of the property at 5 Nursery Street as a three (3) family. The
property is located in an R-1 district. /
The provision (-° the Salem Zoning Ordinance which is applicable to this request
for a Special '_� rmit is Section V B 10 which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance
the Board of Appeal may, in accordance with Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of noncon-
forming structures, and for changes, enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however
that such change, extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to
the neighborhood.
In more general terms, this Baord is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . The neighb6'r)hood is a heavy residential area, predominently
one and two family homes;
2. Nursery Street has heavy vehicular traffic, being a main route
to Beverly;
3. Serious problems with traffic already exist on Nursery Street;
4. The petitioner offered no parking plan to the Board for its
consideration;
5. The petitioner had no plans to keep the building owner occupied.
5 •
DECISION ON THE PETITION OF THOMAS & CONSTANCE MOULTON FOR
A SPECIAL PERMIT FOR 5 NURSERY ST. , SALEM
page two
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 . The relief requested cannot be granted without substantial detriment to
the public good and wihtout nullifying or substantially derogating from
the intent of the district or-the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 3-2 (Mr. Fleming and Mr. Bencal
opposed) against granting the Special Permit requested.
DENIED .
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14. ames M.' Fleming, Membe ,
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
DECI'MN, H 5d;''. SHALL BE 6.ADE PURSUANT TO SECTIO! 17 OF i:-:.
,.;EfipL LA C .^PT`r & F.:: ih.' L E" FILES r -.HIN 2'O DAYS AFER THE DATE Cr
,i, TiilE Cc�lal.'+
IN TFc _: L.r 'HE C.if CLERK.
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OF RECORD OR IS RECORDE.: AND NOTED ON THE 0 ER'S CErc ° CF.TE OF TITLE.
BOARD OF APPEAL
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n ichard T. McIntosh
One Salem Green
745-D213
Mr. Norman Pannal Re: Property at
78 Sylvan Street 5 Nursery Street
Danvers,Mass. 01923 Salem,Mess. 01970
Dear Sir:
Upon examining property located at 5 Nursery Street, in
Salem,Mass. I found the main four inch (41t) waste stack that
was supposed to be brought through the roof with a. minimum of
a. three inch (311 ) waste stack on the roof of said building.
It is apparent that the plumbing work that was done on the
making of a. third floor apartment was not done by a licensed
plumber. The one and one-half inch ( 1 1 /2" ) vent pipe that was
brought out behind the South side of shower compartment is
incorrect size for venting of main waste stack. The bath room
shower waste pipe should be of a two inch (211 ) diameter waste
pipe . The waste pipe of shower stall was one and one-half, , '-
inches
ne-halfinches was of improper size. The shower joint was improperly
done and is also improperly vented.
The kitchen sink has not been installed and it is not
known wether vent pipe with in the wall are of a proper size.
It is presumed that there are no vents for the kitchen sink
on the third floor. The four inch (4" ) copier waste stack goes
up through the second floor is apparently capped and boxed in.
The said four inch (4") copper waste should go through the
roof with a. minimum size of a three inch ( 3" ) waste stack.
The piping material for the three inch waste stack going
through the roof does not have to be ,copper pipe.
The whole house is improperly vented because a. three inch
(311 ) waste stack has not been brought through the roof. The
plumbing work that was done is in violation of the Massachusetts
State Plumbing Code and Chapter 142 of General Laws.
favid
spect 1DAWM X.W. Mitchell`
Plumbing Inspector
of Sglem,Mass.
of "$ttXe111, 4i �1 �1c ruse
Public PrRperrtU Pepartxueuf
� ttilliug epttrtntent
R.T. McIntosh
Oitr *aleut (Grrrn
i•IS-02t3 July 31,1981
District Attorney' s Office
c;/o Dennis Jackson Re: Biff Durkee Construction. Co.
Dear Mr. Jackson:
Enclosed is all the information this Department has in relation
to the case of People Vs. Horace B. Durkee, which is scheduled for
court appearance on August 19,1981.
You should be aware of the fact that new stairs were built at
the front of 5 Nursery Street leading from the 3rd floor which do
not conform to the Sate Code Requirements.
Please contact me if you have any questions.
Very truly yours,
47 C/(//
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Richard T. McIntosh
Inspector of Buildings
Zoning Enforcement Officer
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1TT�TIic PropertV epartTTTent
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`��Mix o�"� ��lllllTlT[; �eitc'Irtlllellt
R.T. McIntosh
Otte .�adrm (Grern -
7-19-0213
May 4, 1981
Horace E. Durkee
D.B.A. Biff Durkee Const. Co.
95 Forest Street —
Middleton, MA
RE: J. Norman Panall
5 Nursery Street
Salem, MA 01970 _
Dear Mr. Durkee;
Please be aware that I have of this date revoked your City of Salem Specialty
Contractors Lincense 0459.
Your further attention is called to Section 113.1 of the State Building Code
which requires a permit for the work that you did at #5 Nursery Street.
You are in violation of the State Building Code and according to Section 121.3
may be subject to a fine not to exceed $1000.00
Copies of this letter will be sent to the Electrical Dept, and to the Plumbing
Inspector and shall serve as a notice to them that you may have done wiring and
plumbing without the proper permits.
It is the intention of this Department to pursue this matter in the District
Court for whatever action they may determine.
Very truly yours,
f �� 'rill "
Richard T. McIntosh
Building Inspector for
The City of Salem
RTM/kad
cc. -Electrical Dept.
Plumbing Inspector
J. Norman Panell
5 Nursery Street, Salem
AFFIDAVIT •
I, RICFARD McINTOSH, do hereby declare and depose. as
follows:
1. I an the Building Inspector of the City of Salem, Mass.
2. In the Fall of 1981, I visited the premises of Norman
Panall at L!Nursery Street1, Salem, Mass. on at least
two occasions, with respect to Mr. Panall' s desire to
create a .third dwelling unit at 5 Nursery Street, Salem.
This dwelling unit was to be created in the former attic
at 5 Nursery Street.
3. At the times of those inspections, besides requiring Mr.
i
Panall to make certain adjustments to the front stair-
way leading to the said third dwelling unit, I had oc-
casion to also inspect the staircase leading to that
dwelling unit from the rear of the premises.
4. I made it clear to Mr. Panall that he would have to in-
stall at least one handrail on that rear staircase in
order to comply with the State Building Code.
i
5. Mr. Panall told me that he understood this requirement,
I and that there had been a railing up already, which he j
had removed temporarily to facilitate the movement of
j appliances and the like.
i
SIGNED UNDER THE PENALTIES OF PERJURY, this
, day of October, �
11 1982.
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�I RICHARD Idc INTOSH j
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CITY LX SALEM)
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TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the Owners of a certain parcel of land located
at No. -5 NVRs6;(;:-:Y St BEET . . . . . . . .
Street; Zoning District. .
. • R-? ; and said Parcel is affected by Section(s)_ _ ,
• • . . . ; of the Salem Zoning Ordinance and/or Section(s) . . . .
Of the F.assachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
Petitioner is requesting a Special Permit to use the ,.3rd - floor as an apartment.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons: NOINE A'\ PLtr D FOR VSY CONT'IRYgcT'ol�-,
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 deco-
gating from the -intent and purpose of the Zoning Ordinance and Building Code for the
following reasons:
TN 1979 T ErITE-PIap 11',1r-o A COk-I- RaCr UJITH
131PF -Dufzwee CUNSTeucTiorq CC9 . T-0 COMPLIET(=- A ST'UD 0.
fad. ON FLavQ> OF S NUPSERY ST. SRCEM' -
AT 1"LcESLNT THE APi, is S0/7' C'oMP(_ET'R_a ANS T'w
CvN r�ncrv�
I-1 tq 5 -t)1 S R t P F Y-1(2C O O 1'-3 rE .C_)Vt=Q 10,000 .-
JARS U,G0O1ARS (3t;Et�1y ! t�1vESTl_[� .talVr� n 1` 1Y (�S �C]t�I1S H MGtt (- \'ALU
PERMITS 11JE2�(�� �/1= 12 (�Pi�c1F_17 �UT2 ll-1>= iMP2Gvt=Mt-PITS
SAVE IN Nilo WV4Y nLret2F_D THCE 00TSt0f= OF C-11i= DLU =LkNJG ,
u� ��� G/� y� L� q /� GSA J. NQI?M1-I.P1 PANAL.L ,� R
Owner. M. NU��i YY+to_ P191�1 K14L
Address.
Telephone. 531.-.1300 =-897
J.NO1 roi64m PWt'-t✓-ItC
Petitioner
J�P21t, I GJ$1 Address. .� a. VW�L• ST�i.1 1
Date . 9 03t.- 7300 - 8g7- �71�11
Telephone�.�j
Three copies of the application must be file�th the Sec t4x-,K 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.
Y?
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'No.
TO BOARD OF APPEALS
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LOCATION
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CONDITIONS
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APPROVED . . . . ❑
DENIED . . . . . ❑ ':
19
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730 CID:R: , STATE BUILDING CODE COM[diISSION
4. if hip last and usual place of abode is unknown, by post-
ing a copy of this order or notice in a conspicuous place
on or about the premises in violation and by publishing it
for at least three (3) out of five (5) consecutive days in
one (1) or more newspapers of general circulation wherein
the buildingor-Lremis.esa�feet �,ed_is 'tuated.
�+ 121.3 J:rosecut�Jion of violation: if the notice of violate 's not
co bed w
.rnith within the time period specified in the not
less otherwise provided in this code, the building official may
institute the appropriate proceedings at law or in equity in a
court of competent jurisdiction to restrain, correct or abate
r+ such violation or to require the removal or termination of the
unlawful use of the building or structure in violation of the
provisions of this code or of the order or direction made pur-
suant thereto.
121.4 Violation penalties: Anyone who shall violate a provision
_ . of this code shall be punishable by a fine of not more than one
thousand dollars ($1,000) or by imprisonment for not more than one year, or both, for each violation. Each day during w
any portion of a violation continues shall constitute arate
offense.
a emen o vto a ton: The imposition of the penalties
herein prescrt s a no preclude the building official from
instituting appropriate action to prevent unlawful construction
or to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises or to stop an
illegal act, conduct, business or use of a building or structure
in or about arty premises.
SECTION 122.0 STOP-WORK ORDER
122.1 Notice to owner: Upon notice from the building official
that any work is being prosecuted contrary to the provisions of
this code or in an unsafe or dangerous manner, such work shall
be immediately stopped. ,The stop-work order shall be in writ-
Ing and shall be served on the owner or on the person doing
the work, and shall state the conditions under which work may
be resumed; provided, however, that in instances where immed-
iate action is deemed necessary for public safety or in the - -
public interest, the building official may require that work be _
stopped upon verbal order, provided that said verbal order be
confirmed in writing within forty-eight (48) hours.
122.1.1 Posting: A
stop-work notice shall be removed
d a cone
building place on the job site and can only be removed by the
building official.
122.2 Unlawful continuance: Anyone who shall continue any -
work in or about the job rite after having been served with a 4.;',
— i
9/1/80 23 :'
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>A 1 %Utg of "Salem, ccassac4usdls
m/ R E.('E I V r:
Poarb of Appeal
pA01yW6'.4�% .
DECISION ON THE PETITION OF J. NORMAN AND M. NORMA: PANALL '81 JUN -1 P9 :55
FOR A SPECIAL PERMIT FOR 5 NURSERY STREET
CITY C!ER'A'S OFFICE
SALEM
A hearing on this petition was held on May 27, 1981 with the
following Board Members present: Mr. Douglas Hopper, Chairman; Messrs. LaBrecque,
Feeherry, Piemonte and Hacker. Notice of the hearing was sent to abutters and
others and notices of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioners have requested a Special Permit to convert
the property at 5 Nursery Street to a three-family dwelling by adding a studio
apartment to the third floor of the existing structure. The property is in
an R-2 district. The Special Permit which has been requested may therefore
be granted upon a finding by the Board of Appeals, that the grant of the Special
Permit will promote the health, safety, convenience and welfare of the City's
inhabitants.
The Board of Appeals, after considering the evidence presented
at the hearing,. and after viewing the property, makes the following findings
of fact:
1. The construction of a studio apartment at this location
was started in 1979 and is 80% completed. However, the construction company which .
did this work failed to apply for a building permit. These circumstances have
caused a financial hardship for the Petitioners.
2. The proposed use of the property is unopposed by the neighbors.
3. There is adequate parking at this site for a third dwelling
unit.
On the basis of the above findings. of fact and on the evidence
presented at the public hearing, the Board of Appeals unanimously concluded that
the proposed use will promote the health, safety, convenience and welfare of the
City's inhabitants and that the proposed use is in harmony with the Zoning
Ordinance. Accordingly, the Board voted in favor of granting a Special Permit
to the Petitioners.
The Special Permit is therefore granted in accordance with the .
following terms and conditions:
1. The Petitioners.may convert the existing structure at this
property into a three-family dwelling by the addition of a studio apartment
on the third floor.
2. All work shall comply with applicable fire codes.
3. The Petitioners shall apply for a building permit to complete
this work.
RF^Elv;
DECISION - J. NORMAN AND M. NORMA PANALL
PAGE Two '81 JUN —1 P9 :55
4. In the event that the Petitioners sell t1VT1Yr6Kfty$iVc'FICE
question it shall revert back to a two
dwelling, providedS�+lz2iweveYg"
that any new purchaser of the property may apply to this Board for a similar
Special Permit.
DATED: May 29, 1981
thony. M. Fee 'Ir , Secre ary
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OF P.LCORD 01.IS £-CCROEO ARD t0ic-O 0 TBE OlVi ER'S URT1(ICP:IE OF TITLE. -
BOARS OF APPEAL
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLE