22 PRINCE STREET - BUILDING INSPECTION 22 PRINCE STREET
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No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO.LOGAN.ON-
MCGREGOR.TX-LOCUST GROVE.GA
U.S.A.
✓ CITY OF SALEM, MASSACHUSETTS
�unmr
BOARD OF APPEAL
.o .c 120 WASHINGTON STREET, 3RD FLOOR
y1, /f�tQ SALEM, MASSACHUSETTS 01970
TELEPHONE, 978-745-9595
-hMnvs W` FAX. 978-740-9846
KIMBERLEY DRISCOLL )11 J,3 tj, „
MAYOR ;., —3 12:
3l
n '
March 3, 2008
Decision
City of Salem Zoning Board of Appeals
Petition of Michael McLaughlin requesting VARIANCES from lot area
per dwelling unit, and the number of parking spaces required, and a
SPECIAL PERMIT to modify an existing nonconforming structure to
allow for six (6) units at 22 Prince Street [R-3].
A public hearing on the above Petition was opened on February 13, 2008 pursuant to
Mass General Law Ch. 40A, §§ 11. The public hearing was closed on February 13, 2008
with the following Zoning Board members present: Robin Stein, Bonnie Belair, Elizabeth
Debski, Rebecca Curran, and Richard Dionne.
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Art. VL• Table I Residential Density Regulations, § 5-30) Extension: of
Nonconformity, and § 7-3 Off-street parking; uncovered, not included in structure.
Statements of fact:
1. Michael McLaughlin presented the petition for the property he owns at 22 Prince
Street(R-3).
2. There are four (4) grandfathered units on the 3,049 square foot property making a
lot area per dwelling unit of 762 square feet.
3. A fifth and sixth unit were added by a previous owner. Upon discovering the fifth
and sixth units, the Building Inspector ordered that they be vacated.
4. The petitioner is requesting a variance to allow six (6) units with a lot area per
dwelling unit of 508 square feet. Since the units already exist, construction is not
proposed as part of this petition. The petitioner is also requesting a variance from
the parking requirements and a special permit to modify a nonconforming
structure.
5. Linda Locke(1 Pickering Street) who owns the abutting property at 44-46 Dow
Street, submitted a letter opposing to the petitioner's request which was read
aloud at the hearing.
2
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
I. The variances requested are not contrary to the public interest and, owing to
special conditions; a literal enforcement of the provisions of the City of Salem
Zoning Ordinance would result in unnecessary hardship.
2. There are circumstances which especially affect the property but do not affect
generally the zoning district in which the property is located.
3. The building's current configuration of six (6) emits would not necessarily have a
different intensity than a four(4) unit building with larger units considering the
proximity of the property to Salem State College.
4. A literal enforcement of the provisions of the ordinance would involve substantial
hardship, financial or otherwise to the petitioner.
5. For these reasons, desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent
or purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. To allow for six (6) dwelling units, the petitioner may vary the terms of the
Salem Zoning Ordinance, specifically lot area per dwelling unit (Art. VI Table
1) and the number of parking spaces required (§ 7-3).
2. To allow for the change to the nonconforming structure, a special permit may
be granted under § 5-3 Q) Extension of nonconformity in accordance with the
procedures and conditions set forth in sections § 8-6 and 9-4.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor (Stein,
Debski, Dionne, and Curran) and one (1) opposed (Belair), to grant petitioner's request
subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A certificate of Occupancy is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
7. Unless the Decision expressly provides otherwise, any zoning relief granted does
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area or more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%) of its replacement cost or more than fifty percent
(50%) of its floor area at the time of destruction, it shall not be reconstructed
except for in conformity with the provisions of the Ordinance.
Robin Stein, Chair
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
4"a A�;
P L U M B 1 N G
September 19, 2007
Thomas St Pierre
Salem Building Inspector
120 Washington St
Salem Ma. 01970
RE: 22-24 Prince St
Dear Inspector St Pierre,
I have signed a purchase and sales agreement for the property located at 22-24 Prince St.
I am aware that the building is a four unit apartment building. The existing owner has of
the property has rented the third floor space out as an additional apartment or apartments.
I do not plan to continue with this use. I wish to purchase the building as soon as
possible. I plan to make improvements to this property upon purchase. I understand that
an agreement is required between the potential buyer of the building, (Mike
McLaughlin) and the city about these rental areas before the city will agree to release the
fire approval system certificate and allow the sale. '
I therefore agree to the below stated commitments in order to receive approval for the
purchase of this building.
r-
1) 1 will arrange for the relocation of the existing third floor tenants' and will vacate the
third floor as soon as possible.
2) I will investigate the possibility of an appearance before the Board of Appeals to
resolve the zoning issue with the use of this space.
3) I will investigate my options to connect the third floor space to the second floor
apartments to create a townhouse use.
4) 1 will not proceed with any work or building improvements without receiving approval
and any required permits from The City of Salem.
Sincerely You
Michael R McLaughlin
9 /7
is LFIUREEN J. BLOCK
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�, CommcnwealtFi al Massachusetts
P.O.Box 273• Peabody, Massachusetts 01 ( _° 4 1 Oommis'sioh Expires
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(978) 532-3336•(781) 593-3366• Fax (978) 922-4332• Master Lic 9 �Owv,*mrfo4)er,
CITY OF SALEM
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I . Complete items 1 and/or 2 for additional services.
. Coal items s,and 4a a b. following services(for an extra fee): I
. Print your name and address on the reverse of this form so that we can return this card
to you. 1. El Addressee's Address
. Attach this form to the front of the mailpiece,or on the back if space does not permit. 2 ❑ Restricted Deliver
. Write'Return Receipt Requested"on the mailpiece below the article number. Y
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data of delivi,hy.
1, 3.Article Addressed to: 4a.Article Number
LINE t. Fuellde3 Gonzales P 921 991 6 6 3 I
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I 22 prince street4b.Service Type o
Salem, lela.sts. 01970 'z
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DOMESTIC RETURN RECEIPT
PS Form 3811,November 1990 �.
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Titg of #alem, massuc4usms
Public Property Department
Nuilbing Mepxrtment
One ftem !green
500-745-9595 fin. 380
Leo E. Tremblay
Director of Public Property
inspector of Building
Zoning Enforcement Officer December 21, 1994
Rucliden Gonzales
Ruben Baez
22 Prince Street
Salem, Mass. 01970
RE: 22 Prince Street
Dear Mr.Gonzales:
This office conducted an inspection of the exterior of the property
located at the above mentioned location per the request of the City of
Salem Health Department. The following violations were found:
1. (Unsafe structures) The rear porches are in immediate danger and
must be made safe. Said porches must not be used until repairs are
complete.
2. Facia and soffitt boards must be repaired to stop small animals
from entering.
3. Gutters and missing downspouts must be replaced.
4. Rails need to be installed at front stairway main entrance.
5. Unregistered and uninsured vehicles must be removed from property.
6. All trash and debris must be cleaned from rear of property to include
propane containers, car batteries, wheel hubs, ect.
Please contact this office upon receipt of this letter as to inform us of
your course of action. Failure to do so will result in legal action being
taken.
Thank you in advance for your anticipated cooperation in this matter.
Sincer y,
�u
Leo E. Tremblay
Inspector of Buildings
LET: scm
cc: Councillor Ahmed, Ward 1
Dave Shea
Certified Mail it P 921 991 663
CITY OF SALEM
NEIGHBORHIIOD IMPROVEMENT TASK FORCE Jurisdiction
Hist. Comm. Yes ❑ No
REFERRAL FORM Cons. Comm. Yes 13 No 11
SRA Yes ❑ No
Date: f
Address: /
Complaint:
Complainant: Phone#:
Address of Complainant:
BUILDING INSPECTOR KEVIN HARVEY
FIRE PREVENTION ELECTRICAL DEPARTMENT
HEALTH DEPARTMENT CITY SOLICITOR
ANIMAL CONTROL SALEM HOUSING AUTHORITY
PLANNING DEPARTMENT POLICE DEPARTMENT
TREASURER/COLLECTOR ASSESSOR
WARD COUNCILLOR DPW
SHADE TREE DAN GEARY
PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHI
WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
Titg of 1*ttltm, Massar4usetts
Public Prapnill Department
$uilbing Department
cone Kalem (Srem
500.745-9595 FAM 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer December 21, 1994
Euclides Gonzales
Ruben Baez
22 Prince Street
Salem, Mass. 01970
RE: 22 Prince Street
Dear Mr.Gonzales:
This office conducted an inspection of the exterior of the property
located at the above mentioned location per the request of the City of
Salem Health Department. The following violations were found:
1. (Unsafe structures) The rear porches are in immediate danger and
must be made safe. Said porches must not be used until repairs are
complete.
2. Facia and soffitt boards must be repaired to stop small animals
from entering.
3. Gutters and missing downspouts must be replaced.
4. Rails need to be installed at front stairwav main entrance.
5. Unregistered and uninsured vehicles must be removed from property.
6. All trash and debris must be cleaned from rear of property to include
propane containers, car batteries, wheel hubs, ect.
Please contact this office upon receipt of this letter as to inform us of
your course of action. Failure to do so will result in legal action being
taken.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremblay 7
Inspector of Buildings
LET: scm
cc: Councillor Ahmed, Ward 1
Dave Shea
Certified Mail # P 921 991 663
M
M.
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT, MPH,RS,CHO NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Fax:(508)740-9705
December 15, 1994
Eucledis Gonzalez&Ruben Baez
22 Prince Street
Salem,Ma. 01970
DearSir:
In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General laws, 105 CMR 400.00:Slate Sanitary Cade,Chapter C General
Administrative Procedures and 105 CMR 410.000:Stale Sanitary Code,Chapter 11:Minimum Standards of Fitness for Human Habitation,an inspection was
made of your property at 22 Prince Street Salem Massachusetts,by Virginia Moustakis,Senior Sanitarian on Tuesday,December 13,1994. The
following violations of the Stale Sanitary Code were noted,as checked off:
_X_ CMR 410:600 Storage of Rubbish and Garbage
X CMR 410:601 Collection of Garbage and Rubbish.
X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D)
Reg.k7 s.3.10 Board of Health Regulation
Description of Violations: See Enclosure
410.600: .51oragg of Rubbish d Garbage_
(A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with light-fitting covens.Said receptacles and covers shall be
of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material.
Garbage and rubbish shall be put out for collection no earlier than the day of collection.
(B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with light-fiting
covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection excel)(in those places where such p
practice is prohibited by local rule or ordinance,or except in(hose cases where the Department of Public Health determines that such practice
constitutes a health problem.For purposes of the preceding sentence,in making its determination,(he Department shall consider,among other
other evidence of strewn garbage,torn garbage bags,or evidence of rodents.
(C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other
dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the
accumulation before final collection or ultimate disposal,and shall so locate them(o be convenient(o the tenant(hat no objectionable odors
enter any dwelling.
(D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and
rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner.
410.601: CQ11eglign of Garbage a d Rubbish
The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling
place shall be responsible for the final colelection or ultimate disposal or incineration of garbage and rubbish by means of:
(A) The regular municipal collection sys(em;or
(B) Any other collection system approved by the Board of Health;or
(C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is
otherwise maintained so as not to create a safety or health hazard;or
(D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as
not to create a safety or health hazard;or
(E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health
(see 105 CMR 410.840)
CITY OF SALEM HEALTH DEPARTMENT
] . >: Nine North Street
Salem,Massachusetts 01970
410.602: Maintenance of Areas Free From Garbage and Rubbish
(A) Imo: The owner of any parcel of land,vacant or otherwise,.shall be responsible formaintaining such parcel of land in a clean and sanitary
condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such
parcel or its appurtenance which affects the health or safely and well-being of the occupants of any dwelling or of the general public.
(B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage,
rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls.
(C) Dwellings Containing Fewer Than Three DwellingUnits;fts: In a dwelling that contains fewer than three dwelling units,the occupant shall he
responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways
leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another
occupant.
(D) Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,
other filth or cusses of sickness that part of the dwelling which is used in conunon by the occupants and which is not occupied or controlled by
me occupant exclusively.
(i)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the
owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and
sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or
his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns.
Board of Health Regulation N7 Section 3 10: Containers or Bundles of Household and Ordnary Commercial Waste.Garden and Lawn Waste: These shall
be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the day of collection and no/before 6:00
p.m.on the day preceding the day of collection,and shall he removed from the sidewalk on the.same day as emptied.No commercial establishment shall
place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or
tree waste upon any sidewalk or way for disposal.
You are hereby Ordered to make a good faith effort h,correct these violations within 24(twenty four)hours of receipt of this notice.
Failure on your part to arntply within the specified lime will result in a complaint being sought against you in Salem District Court.
Should you be aggrieved by this order,you have dee right to request a hearing before the.Board of health. A request for said hearing must be received in
writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will begiven 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.
One a more of the above violations constitutes a condition which may endanger or to aerially impair the health or safety and well-being of the occupant(s)
or the general public.
If you have any questions,kindly contact this office at(508)741-1800.
Fo a Board of Health Reply to:
nne Scott MPII,RS,CHO Virginia Moustakis
Health Agent Senior Sanitarian
cc:Ward Councillor George Ahmed
Building Inspector
Fire Prevention
CERTIFIED MAIL.4Z 083 808 706
JS/sjk
yy° SALEM HEALTH DEPARTMENT
9 North Street
Salem. MA 01970
Certified Trash Letter
£vcl�1/s 6a4v2-A-i-es
To: /iv6C4t d Adz Date:
Address: o'(r� 601'/NSF' Time:
City/State: e
Property At: 42 &,v ( S
Violation Numbers: 600: Storage of Rubbish and Garbage
601: Collection of Rubbish and Garbage
_602: Maintenance of Areas From Rubbish and Garbage
_B0H Regulation #7
Complaint: 01AI ,` / NS GeZ Mldl IVIS -7) < -32
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_Mayors Office:Dan Geary
—Other
CITY OF SALEM
NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction
Hist. Comm. Yes 0 No
REFERRAL FORM Cons. Comm. Yes 0 No 11
SRA Yes ❑ No ❑
Date: l S�
Address: O�
Complaint:
Complainant:�f:: 7Z � �/ `c Phoneee#:
Address of Complainant:
DAVID SHEA, CHAIRMAN KEVIN HARVEY
BUILDING INSPECTOR ELECTRICAL DEPARTMENT
FIRE PREVENTION CITY SOLICITOR
HEALTH DEPARTMENT SALEM HOUSING AUTHORITY
ANIMAL CONTROL POLICE DEPARTMENT
PLANNING DEPARTMENT ASSESSOR
TREASURER/COLLECTOR DPW
WARD COUNCILLOR DAN GEARY
SHADE TREE
PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA
WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
P-607 166 901
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Ctv of "ittlent, f assar4uslAts
i Vublir Prope�rgtg Elepartnieut
''J°<°iHn.c m`�`� �111Ij 1It1j �epurtt1iP11t
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743-0213
William H. Munroe
Director of Public Property Maurice M. Martineau, Ass't Inspector
Inspector of Buildings Edgar J. Paquin, Ass't Inspector
Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp.
July 13, 1987
Euclides Gonzalez
54 Perkins Street
Salem, MA 01970
RE: 22-Prince Street
Salem, 'MA;
Dear Mr. Gonzalez,
This office is in receipt of a written complaint from the City of Salem
Board of Health, regarding emergency lighting at the above referenced property.
_ I would call your attention to section 624.4, Commonwealth of Massachusetts
State Building Code, fourth edition, regarding emergency lighting systems
If the appropriate action is not taken within fourteen ( 14) days from
receipt of this letter a complaint will be sought against you in Salem District
Court.
Sincerly,
Stephen W. Santry
Assistant Building Inspector
SWS/saf
C.C. L. Mroz
City Clerk
Board of Health
Fire Prevention
Ward Councillor
ON of
VVV 1
3 Ilublic PropertU Bepartment
aim.,�Y'4S r itll Ili t� 3�epttrtntent
(One _S'atetn (6reen
715-0213
William H. Munroe
Director of Public Property Maurice M. Martineau, Ass't Inspector
Inspector of Buildings Edgar J. Paquin, Asst Inspector
Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp.
July 13, 1987
Euclides Gonzalez
54 Perkins Street
Salem, MA 01970
RE: 22 Prince Street
Salem, MA
Dear Mr. Gonzalez,
This office is in receipt of a written complaint from the City of Salem
Board of Health, regarding emergency lighting at the above referenced property.
I would call your attention to section 624.4, Commonwealth of Massachusetts
State Building Code, fourth edition, regarding emergency lighting systems _.
If the appropriate action is not- taken- within fourteen ( 14) days from
receipt of this letter a complaint will be sought against you in Salem District
Court .
p Since
Stephen W. Santry
Assistant Building Inspector
SWS/saf
C.C. L. Mroz
City Clerk
Board of Health
Fire Prevention
Ward Councillor
I
\�
(situ of '*ttlem, massac4usetts
1 'rr Public Propertg Department
8uilbing Department
out 13alem (Lreen
506-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer December 21, 1994
Euclides Gonzales
Ruben Baez
22 Prince Street
Salem, Mass, 01970
RE: 22 Prince Stree_r
Dear Mr.Gonzales:
This office conducted an inspection of the exterior of the property
located at the above mentioned location per the request of the City of
Salem Health Department. The following violations were found:
1. (Unsafe structures) The rear porches are in immediate danger. and
must be made safe. Said porches must not be used until repairs are
complete.
2. Facia and soffitt boards must be repaired to stop small animals
from entering.
3. Gutters and missing downspouts must be replaced.
4. Rails need to be installed at front stairway main entrance.
5. Unregistered and uninsured vehicles must be removed from property.
6. All trash and debris must be cleaned from rear of property to include
propane containers, car batteries, wheel hubs, ect.
Please contact this office upon receipt of this letter as to inform us of
your course of action. Failure to do so will result in legal action being
taken.
Thank you in advance for your anticipated cooperation in this matter.
Sincer y,
�1
Leo E. Tremblay
Inspector of Buildings
LET: scm
cc: Councillor Ahmed, Ward 1
Dave Shea
Certified Mail # P 921 991 663
•
ARTICLE652 f-
• P 921 991 663
LINE,. SuClides Gonzales
NUMBER
22 Prinee Street
Salem, Mass. 04970
FOLD AT PERFORATION t ., WALZ •
INSERT IN STANDARD#10 WINDOW ENVELOPE. E E A i I F I E D r"
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