16 RIVERBANK ROAD - BUILDING INSPECTION (2) all
UPC 10330
No. 153LsR�
HASTINGS, UN
a r CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
CITY G. SALEtd. MA
9
120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
�a. SALEM, MA 01970
TEL. (978) 745-9595
FAx (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR .1002 FEB 2l P 2: 2
DECISION OF THE PETITION OF RICHARD CURLEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 RIVERBANK ROAD
A hearing on this petition was held February 20, 2002 with the following Board Members
present: Nina Cohen, Nicholas Helides, Bonnie Belair 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.
The petitioner is requesting a Variance for relief from rear yard setback to construct
proposed addition for the property located at 16 Riverbank Road located in an R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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 and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Richard Curley, owner of record appeared before the Board and presented the detail
of the proposed addition to the property located at 15 Riverbank Road. T
2. The proposed addition will reduce the property setback to 25 feet from the rear
property boundary.
3. There was no opposition to the proposed petition.
r
DECISION OF THE PETITION OF RICHARD CURLEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 16 RIVERBANK ROAD R-1
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
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 and
approved by the Building Commissioner. 1
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. A Certificate of Inspection is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any construction.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
fiCSSVariance
Granted J
February 20, 2002
Nicholas Helides
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 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
certificate of the City Clerk that 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.
Board of Appeal
Citp of *alem, fla55atbu5ett5
Vublit 3propertp Department
r 3guilbing Department
One 6alem Oreen
(978) 745-9595 @xt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
July 18, 2002
Richard/Donna Curley
16 Riverbank Road
Salem,Ma. 01970
Dear Owners:
As you are aware, Don Carter of New England Remodeling secured the building permit
for your 2 story addition. Don Carter currently holds a Massachusetts Construction
Supervisor's License#059370. The problem we had with Mr. Carter is the fact that he
was never on the job site.
Our information has Mr. Carter on the West Coast. There was no licensed individual
supervising your project. For this reason we suspended work until a licensed individual
could be substituted.
MG. 143- State Building Code 780 CMR, R-5.2.16. I have enclosed Section R5 of the
State Building Code for your review. I am in the process of filing a formal complaint
with the Board of Building Regulations and Standards.
If further information is needed, please contact this office.
Sin ely,
Thomas St. Pierre
Acting Building Commissioner
cc: Tom Phillbin
Councillor O'Keefe,Ward 7
• 780 CMR R5
CONSTRUCTION SUPERVISORS
780 CMR R5 covers the licensing rules and regulations for construction supervisors as defined in 780 CMR
109.11.
780 CMR R5.1 GENERAL 85.1.4 Administration and Enforcement: The
85.1.1 Title: As authorized by M.G.L. c. 143, BBRS shall administer and enforce the provisions of
§94(i),the BBRS herewith establishes the Rules and 780 OVER R5. The BBRS or those designated by it,
Regulations for Licensing Construction Supervisors. shall administer examinations,under 780 CMR R5,
of persons desirous of being registered as qualified
85.1.2 Definitions: Unless otherwise expressly to receive a license as a construction supervisor.
stated in 780 CMR,the following terms shall,for the
purpose of 780 CMR R5, have the meaning R5.15 License Review Committee:The Chairman
indicated in 780 CMR R5.1.2: of the BBRS shall appoint a License Review
Committee,hereafter referred to as the"Committee",
BBRS: State Board of Building Regulations and which shall consist of any three members of the
Standards BBRS who shall serve for one year or until their
successors are appointed, whichever is later. The
Construction Supervisor: Any individual directly said Chairman shall appoint a Chairman of the
supervising persons engaged in construction, Committee who shall serve until his successor is
reconstruction, alteration, repair, removal or appointed. The Chairman of the BBRS may
demolition involving any activity regulated by any establish and abolish as many Committees as he/she
provision of 780 CMR. Such term shall also feels appropriate from time to time.
apply to persons supervising themselves.
A licensed construction supervisor shall be 85.1.6 Meetings: The Committee shall meet at
required for the installation of all manufactured such times as the Chairman deems it necessary to
• one and two family homes as required by tarty out its function established herein by the
780 CMR 3508.LL BBRS.
Licensed Designee: Any individual designated by 85.1.7 Cities and Towns:
the license holder to be present,in the absence of 5.1.7.1 Existing Licensed Construction
said license holder, during any of the periods Supervisors: (Historical Note) All individuals
stated in 780 CMR R5.2.12. Such designee shall directly supervising persons engaged in construc.
also hold aConstruction Supervisor's License,but tion,reconstruction.alteration.repair,removal or
his name or license number need not be contained demolition involving structural elements of
on the building permit application. buildings or structures who are duly licensed and
qualified on January 1, 1981 within any city or
License Review Committee (Committee): The town shall be allowed to continue in such capacity
Committee(s)established by the Chairman of the under the Rules and Regulations established by
BBRS to carry out the disposition of complaints such jurisdiction until December 31, 1981. Such
.against licensed constructon supervisors. duly licensed person shall only be allowed to
engage in such practice only within the city or
Recognition: The approval by the BBRS of an town granting such licensing.
application and related documents by one desirous
of being licensed as a construction supervisor. 780 CMR R52 REGISTRATION AND
LICENSING
R5.1.3 Scope: 85.2.1 Experience: Each applicant for license
1. 780 CMR R5 shall govern the testing and must prove to the Board that he has had at least three
licensing of individuals who are found to possess years of experience in building construction or
the requisite qualifications to be licensed as quali- design in the field in which he desires to be licensed,
fred to have charge or control of construction, together with any technical knowledge the Board
reconstruction, alteration, repair, removal or may require him to possess. Successful completion
demolition for
buildings ct res governed
of a three or four year vocational high school or
2. Except for those structures governed by Con- other vocational school program in the field of buil-
sraction Control as regulated by 780 CMR 116.0, ding construction shall be deemed as satisfying one
any individual directly supervising persons en- year of the required three years experience as cited in
gaged in construction,reconstruction, alteration, 780 CMR R5.2.1. (The BBRS shall determine when
repair, removal or demolition involving the vocational training other than in building construc-
stmctural elements of buildings and structures tion,satisfies a portion of the three year experience
shall be licensed according to 780 CMR R5.
criteria.
11/27/98 780 CMR-Sixth Edition 785
I`
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS ;
THE MASSACHUSETTS STATE BUILDING CODE •
85.2.1.1 Other Requisites: (Historical Note) necessary qualifications for licensure and pro-
Any person who met one of the following vided further,that such license shall be authorized
requisites shall be licensed by the Board without for use only during the course of employment and
testing until July 1, 1982. shall be appropriately stamped to indicate as such.
1. Filed with the BBRS prior to July 1, 1982 R5.2.6 Procedure for Obtaining a License:
an application and applicable documents inclu-
ding an affidavit on a form provided by the 85.2.6.1 Application: Applications shall be
BBRS attesting to his meeting the following submitted on forts supplied by the BBRS or its
qualifications: authorized agent.
a. A registered professional architect or 85.2.6.2 Forms: The applicable fomes may be
engineer;or mailed to the appropriate testing agency as
b. A four-year undergraduate degree in a detailed in the Massachusetts Candidates Bulletin
field related to building construction or de-
sign and at least one year,out of the previous (MACS). It shall be the responsibility of the
ten years,of experience in the supervision of applicant to assure that the requited forms are
building construction or design;or received by the testing agency. All forms shall be
c. At least three years,out of the previous accompanied by the required license fee.
ten years,of experience in the supervision of R5.2.6.3 Records: The BBRS shall keep a copy
building construction or design and ageneral of the application and a computer file listing all
knowledge of the quality and strength of licensed construction supervisors.
building materials; a general knowledge of R5.2.6.4 Notification of Examination Date:
the accepted requirements for building con- Upon receipt of a fully completed application,an
struction, fire prevention, light,ventilation examination date shall be set and the applicant so
and safe exits; and a general knowledge of notified.
other equipment and materials essential for
safety, comfort and convenience of the R5 2 7 False Statements: Any false statement on
occupants of a building or structure. the application or references shall be sufficient
85.2.2 Examinations:Examinations shall be held reason to refuse to issue a license,or to suspend or .�
only by appointment. All applications must be filed revoke a license if issued.
in accordance with the Massachusetts Construction 2.8 Cause for Suspension or Revocation: Any
Supervisor (MACS) ..Candidate bulletin of
Information. false statement on the application for license,or in
answer to any subsequent request for information,
R5.2.3 License Approval: A majority vote of the shall be cause for suspension or revocation of
members of the Board shall be required to grant a license. Any violation of a provision of 780 CMR
license. shall be cause for suspension or revocation of a
license as the committee sees fit, or any false
R5.2.4 Expiration: Licenses issued pursuant to statement as identified in 780 CMR R5.2.7,or work
these rules and regulations shall expire three years performed without a building permit as identified in
from the date of issuance which shall be noted on 780 CMR R5.2.9.1.1
said license and may be renewed. 85,2,9 Procedure for Suspension And/or
A renewal of an original license shall be for Revocation of License:
periods of two years and a renewal license shall
expire two years from the date of issuance which 85.2.9.1 Complaints: Upon receipt of a written
shall be noted on said license and may be renewed. complaint from abuilding official,orupon written
A renewal license shall not be issued unless complaint from other persons,or upon complaint
application therefore is made within one year of the of the Board itself, the License Review
date of expiration of the most recently issued license. -Committee in its discretion, shall deternine
Failure to submit a renewal application and to whether or not a hearing shall beheld. Itshallnot
acquire a license within this time period shall be be considered as a complaint if such work was
cause for examination or re-examination. performed prior to his/her being licensed or prior
to January 1, 1982,whichever is later.
R5.2.5 Fees: Any and all fees charged for examin. R5.2.9.1.1 Basis of Complaint: Only work
ation, for license fees,or for licensed renewal fees related to a specific building permit shall be the
shall be determined by the Commonwealth and basis of such complaint. Any work requiring a
enforced by the BBRS. Examination fees are to be building permit which is performed without
established from time to as necessary. such permit shall be considered cause for •
R5.25.1 Building Official Fees:The BBRS shall suspension or revocation.
grant a license at no fee to any building official 85.2.9.2 Hearings on Complaints: If the
who, as a condition of his employment requires Committee shall so determine that a hearing shall
such license;provided that such person meets the
786 780 CMR-Sixth Edition 11/27/98
780 CMR: STATE 90ARD OF BUILDING REGULATIONS AND STANDARDS
v
CONSTRUCTION SUPERVISORS RULES AND REGULATIONS
be held,it shall give at least seven days notice to given, a licensee shall not attend a hearing, the
the complainant and license holder in accordance Committee may in its discretion immediately
with 780 CMR 118.6. The sending of notice to suspend/revoke said license or proceed with the
the address recorded on the records of the BBRS hearing so scheduled and make decision on the
shall be deemed sufficient notice to the license evidence so presented,or continue the hearing to
holder. another date.
R5.2.9.3 Notice of Hearing: The notice of 85.2.9.8 Notice of Suspension, Revocation,
hearing shall contain: Letter of Warning or Order of Examination:
1. The name of the complainant. In the event that the Committee votes to suspend.
2. A copy of the complaint. revoke or issue a warning against said license
3. The date,time and place of said hearing. holder pursuant to this hearing or, if the
The complete file of complaint is available for Committee votes to require the license holder to
inspection at the Office of the BBRS during its take an examination orre-examination,the license -
regular hours. holder, upon notice of the decision, shall
The license holder may present oral and written immediately comply.with said orders. Arefusal .
evidence to refute or mitigate any charge tocomply shall automatically revoke the licensee's - -
contained in the complaint and present witnesses right to supervise construction.
in his behalf. 85.2.9.8.1 Terms of Suspension: Suspension
Anyone may be represented by legal counsel. by the Committee shall be for a definite term.
All license holders shall have his/her license in R5S.9.8.2 Reapplication: Any licensee
his possession at the time of the hearing. whose license has been revoked by the Com-
mittee may reapply for a license in accordance
R5.2.9.4 Continuation of Hearings: The with these Rules and Regulations only after
Committee in its discretion may continue the date seeking and receiving approval to reapply from
for hearing upon request by the license holder or the Committee.
complainant or the Committee itself.
• 85.2.10 Appeal: Any person aggrieved by a
85.2.9.5 Timing of Decision: The Committee decision of the Committee may appeal such decision
shall make a decision within ten days after the to a court of taw or equity in conformance with
hearing. A written decision shall be issued within M.G.L.c.30A,§ 14.
30 days of the hearing date,,_
R5.2.11 Change of Address: The license holder
R5.2.9.6 Vote of License Review Committee: A shall have the responsibility of reporting any change
vote of at least two members of the Committee is of address and/or change of circumstance to the
required to make a decision pursuant to 780 CMR BBRS. The information on file at the BBRS shall be
R5.2.3. deemed accurate unless changed by the license
85.2.9.6.1 Decisions: This decision shall be holder.
final and binding upon the license holder and
the complainant. If the Committee votes to 85.2.12 On-site Presence of Supervisor: A
revoke or suspend the license of a construction licensed individual or a licensed designee shall be
supervisor at the time of the hearing,the holder present on the site at some point to approve
shall immediately surrender said license to the construction,reconstruction,alterations,removal or -
Committee. The committee may, at its demolition involving the following work:
discretion,determine that instead of suspension 1. Excavation
or revocation,the actions of the license holder 2. Foundation(pouring or other)
warrant a letter of warning be placed on rile 3. Decking
with the BBRS. Said letter of warning will be 4. Rough framing
referenced in the event of future complaints 5. Finished framing
against the license holder. Future complaints 6. Chimneys
against a license holder who has received letter a. Excavation/foundation.
of warning may result in a suspension or revo- b.At the top of the smoke chamber and support
cation of the license after a hearing before the of the flue liner.
License Review Committee. The Committee c. When erection of the chimney is completed.
may,at its discretion,vote to order the license
holder to take the license examination or re- Exception A licensed construction supervisor
examination. Votes for examination or re- shall be required for installation of manufactured
examination may be rendered even if the Com- one and two family homes as required by
mittee has voted to suspend,revoke or issue a 780 CMR 3508.1.1.
letter of warning against the license holder.
R5.2.9.7 Suspension, Revocation or R5.2.13 Lost/stolen Licenses: License holders are
Continuance: If, after notice has been duly required to keep the license in their possession at all
times during the course of construction at any and all
I(/27/98 780 CMR-Sixth Edition - 787
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
building sites. If said license is lost, stolen or license number of the consmtction supervisor who
mutilated, it shall be the responsibility of the license is to supervise those persons engaged in
holder to notify the BBRS. construction, reconstruction, alteration, repair,
removal or demolition as regulated by 780 CMR
85.2.14 Requirement to Show License: Any 108.3.5 and 780 CMR R5 in the event that such
building official may require the license holder to licensee is no longer supervising said persons, the
produce the license at any time on a job site. work shall immediately cease until a successor
R5.2.15 Responsibility of Each License Holder: license holder is substituted on the records of the
R5.2.15.1 Responsibility for Work:The license building department.
holder shall be fully and completely responsible R5.2.17 GENDER OF TERMS: The term"he"as
for all work for which he is supervising. He shall used in 780 CMR R5 shall include the pronoun"he"
be responsible for seeing that all work is done and/or"she."
pursuant to 780 CNIR and the drawings as
approved by the Building Official. 780 C,MR R53 ADMLIT3IRATION
85.2.15.2 Responsibility to Supervise Work: 853.1 Identification: The BBRS shall issue a card
The license holder shall be responsible to or a certificate or other form of identification.
supervise the construction, reconstruction.
alteration,repair,removal or demolition involving R5 3 2 Records of Licensees: The BBRS shall
any activity regulated by any provision of maintain a computer listing which will be available
780 CMR only pursuant to 780 CMR and all other to the public at the office of the BBRS containing all
applicable Laws of the Commonwealth even licenses issued by the BBRS.
though he, the license holder, is not the permit
holder but only a subcontractor or contractor to R5.3.3 Examination: The Board shall determine'
the permit holder. whether an examination shall be required or shall be
85.2.15.3 Notification of Violations: The oralor written and shall determine the content of the
license holder shall immediately notify the examination,if applicable.
building official in writing of the discovery of any RS 3 4 Subject to Rules, Regulations and `•
violations which are covered by the building Procedures: All persons licensed shall be subject to -
permit. _ these regulations as well as other rules,regulations,
R5.2.15.4 Willful Violation: Any licensee who and procedures promulgated by this BBRS.
shall willfully violate 780 CMR R5.2.15.1,
5.2.15.2 or 5.2.15.3 or any other Sections of R5.3.5 Fees: Any and all fees charged for license
780 CMR R5 and any procedures, as amended, fees,examination fees,renewal fees,and registration
shall be subject to revocation or suspension of fees shall be determined by the Commonwealth and
license by the Committee. enforced by the BBRS. Examination fees shall be
established from time to time as necessary.
85.2.16 Permit Applications: All building permit
applications shall contain the name, signature and
•
788 780 CMR-Sixth Edition corrected-9/19/97 (Effective 2/28/97)
}
r CITY OF SALEM9 MASSACHUSETTS
�. BOARD OF APPEAL C11 Y Oi 'ALEM, MA
3 ' 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970 CLER"'S OFFICE
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR .202 FEB 21 P 2: 2
DECISION OF THE PETITION OF RICHARD CURLEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 16 RIVERBANK ROAD
A hearing on this petition was held February 20, 2002 with the following Board Members
present: Nina Cohen, Nicholas Halides, Bonnie Belair 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.
The petitioner is requesting a Variance for relief from rear yard setback to construct
proposed addition for the property located at 16 Riverbank Road located in an R-1 zone.
The Variances, which have been requested, may be granted upon a finding by this
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 and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Richard Curley, owner of record appeared before the Board and presented the detail
of the proposed addition to the property located at 15 Riverbank Road. T
2. The proposed addition will reduce the property setback to 25 feet from the rear
property boundary.
3. There was no opposition to the proposed petition.
}
i,
DECISION OF THE PETITION OF RICHARD CURLEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 16 RIVERBANK ROAD R-1
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
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 and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. A Certificate of Inspection is to be obtained.
5. Petitioner shall obtain a building permit prior to beginning any construction.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure. A��Variance Granted � aQ C' CFebruary 20, 2002
Nicholas Halides
Board of Appeals
t
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
certificate of the City Clerk that 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.
Board of Appeal