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17-21 SALEM STREET - BUILDING INSPECTION i`v �e V-7- btm@masslawman.com k BRUCE T. MACDONALD ATTORNEY AT LAW 678 MASSACHUSETTS AVENUE TEL(617)354-1711 SUITE 901 FAX(617)354-5749 CAMBRIDGE,MASSACHUSETTS 02139 ,� r � �ectl � CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT ��\r��_ ,✓_�t e� 120 WASHINGTON STREET,3"D FLOOR TEL. (978) 745-9595 KIMBERLEY DRISCOLL FAX(978) 740-9846 MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 23, 2015 Michael Viola Vincenza Viola 4 Butterfield Lane Saugus Ma. 01906 Re: 17-21 Salem Street Revocation of Occupancy Permit Mr. and Mrs. Viola, Due to the evidence found during a recent Search Warrant executed by the Salem police Department,I am revoking your Occupancy Permit for the above property. After a lengthy process five years ago,you asked for and were granted an Occupancy Permit for a single apartment. You were well aware that the continued use of the premises as a sober house or rooming house required both sprinklers and vertical access. You mislead this Department into issuing the Occupancy Permit and continued to run a rooming house in violation of State Building Code 780 CMR, and the Architectural Access Board's regulations 521 CMR. The revocation is effective immediately. If you are aggrieved by this action, your Appeal is to the Board of Buildings,Regulations and Standards in Boston. Thomas St.Pierre /11� Building Commissioner SENDER: COMPLETE THIS SECTION C&PLETE THIS SEC r'1ON ON DELIVERY 1Y-Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Rem 1? O Yes 1 If YES,enter delivery address below: 0 No M�& C.-e k.V-U G._ �lr�ehz�- ✓i'ol� 3. Service Type 11 Certified Mail® ❑Priority Mail Express' 0 Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Anicle Number (Transfer from service labeq PS Form 3811,July 2013 Domestic Return Receipt UNITED STATfiNP;0$TALwSERVICE �. First-Class Mail Postage&Fees Paid �$�a5=<� "-.,'�:t USPS ,LP7 APP. +�� Permit No.G-10 • SendV...Please print your name, address, and ZIP+4®in this box• City Of Salem Building Department 120 Washington Street Salem, MA 01970 CITY OF SALEM PUBLIC PROPERTY 9Q�,m DEPARTMENT KINMERLEYURISGOLL MAYOR 120 WASFIINGTON STREET♦ SALEM,MAssAaiusETTS 01970 4YL:978-745-9595 ♦FAX:978-740-9846 March 31, 2015 Michael Hardiman 12 Howard Street Salem, Massachusetts 01970 RE: 17-21 Salem Street Mr. Hardiman, As discussed several times to begin your proposed project you will need to submit the following applications and documents to this office. - Code Review document from a Registered Massachusetts Architect reviewing the building and its assemblies as a whole. - Architectural/Structural plans and specifications (Contract Documents) along with a completed State of Massachusetts building permit application. - Completed Workman's Compensation affidavit and Trash Affidavit. - Submission of a Construction Control Document from the Architect for the Architectural portion of the work or building as a whole. (This shall include any other design Professionals for their required trade) - Plans must comply with the State Building and Plumbing Codes as well as the regulations of the Massachusetts Architectural Access Board. Respectfully, Thomas St. Pierre Building Conner Oj,� Sincerely, Thomas St. Pierre Building Commissioner cc: file Certificate No: 650-08 Building Permit No.: 650-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at ------ -------"---"-Dwelling Type 17 SALEM STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR SECOND FLOOR (SINGLE UNIT ONLY) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ----------- --------------- unless sooner suspended or revoked. Expiration Date Issued On:Tue Jan 8,2008 ........... / -� GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ------------�` ------------""-"---------------- "-"--"--"""""---------------- I �,�ONDtT� o 4 V" imavE AO CITY OF SALEM BUILDING PERMIT Large Bedroom - Available immediately Page 1 of 1 email this posting to a friend boston crai slist> north shore > housing >rooms & shares please flag with care: miscate orized prohibited spam/overpost best of craigslist Stating a discriminatory preference in a housing post is illegal - please flag discriminatory posts as prohibited Avoid scams and fraud by dealing locally!Beware any arrangement involving Western Union, Moneygram, wire transfer, or a landlord/owner who is out of the country or cannot meet you in person. More info $150 Large Bedroom - Available immediately (Salem, MA) Date: 2010-02-17, 4:23PM EST Reply to: salemrooms@yahoo.com [Euors when replying to adsal Large 13 by 13 bedroom in a totally renovated apartment. Great location that is just a short walk to Bus or Train, Salem's Downtown District and Pickering Wharf. Room is furnished with a bed, dresser and TV. May be unfurnished also. Share the kitchen, dining room and living room with large screen HD TV. The property is located in a residential neighborhood. The other tenants that live in the building are all quiet single professional men. Tenants share 3 1/2 bathrooms. Heat, Electricity and Hot Water are included in the $150 weekly rent. Tenants share the monthly bill for Wireless Internet, Telephone and Cable T.V. Three Hundred dollars, First week ($150.00) and Last week($150.00), is required to move in. (no smoking, no drugs, and sorry no pets). Call Michael at 781-520-1669 and leave a message with your name and number or e-mail to salemrooms@yahoo.com • Location: Salem, MA • it's NOT ok to contact this poster with services or other commercial interests PostingID: 1605429264 http://boston.craigslist.org/nos/roo/1605429264.htm] 2/22/2010 •ER: COMPLETE THIS SECTION • • ON ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. signature - item 4 if Restricted Delivery is desired. X � ❑Agent ` ■ Print your name and address on the reverse /v^ ❑Addressee so that we can return the card to you. B. Received by rioted Name) G Dat of elivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 6 3 D. Is delivery address different from item t Yes 1. Article Addressed to:1 i_ If YES,enter delivery address below: ❑ No `� lickce,l v t6 V'` hZC- /7 3. Service Type GAS [3 Certified Mail 13 Express Mail 'J ❑Registered ❑Return Receipt for Merchandis ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra free) ❑yes 2. Article Number (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02 UNITED STATES POSTAL SERVICE First-Class Mail Posta USPSge&Fees Paid Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box City Of Salem Building Department 120 Washington Street Salem, MA 0.1970 11) i li�r� lull'111t1rfril�rt"r i1' 1lrl „11111 1111x;1 f/ CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT MfrJ 120 WASHINGTON STREET,3RD FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR T�-IOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER December 9, 2014 Restaurant Hoods and Ventilation Specialties Andrew Burnett 278 Mendon Street Sutton Ma.01590 Re: 21 Salem Street Mr. Burnett, Enclosed,please find your building permit application. At this time your plan is rejected for the following reasons, #1 Plan has no Engineering or Architectural stamps. #2 The plan shows duct work above the Public Way which is not allowed #3 Plans not submitted to Fire Prevention Department #4 Health Department has not approved any plans for food service Work performed would need a Building permit also secured by a licensed contractor or Architect. If you have any questions,please contact me directly. Thomas St.Pierre c� t4k// Building Commissioner/Director of Inspectional Services CITY OF SALEM, MASSACHUSETTS 4 fk7' BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THomAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 2, 2013 Michael Viola Vincenza Viola 4 Butterfield Road Saugus Ma. 01906 Re: Stop Work Order permit#697-13 Dear Owners, 1 am placing a "stop work order" on permit# 697-13. The Licensed Construction Supervisor informs us that he did not sign the building permit application nor is he involved with any work at the building. You are directed to stop any work until proper paperwork and a new building permit is issued from this office.This includes the requirement for a Licensed Construction Supervisor. Thoma �ST.Pierre �� 14� Building Commissioner/Director of Inspectional Services F No: 717-10 Building Permit No.: 717-10 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits I This is to Certify that the BUSINESS located at Dwelling Type 17 SALEM STREET in the CITY OF SALEM - - - - - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 17-19 SALEM STREET BEAUTY SALON I This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Tue Dec 27, 2011 ��JJ - l�W e.- GeoTMS®2011 Des Launers Municipal Solutions,Inc. t [Certificate No: 717_10 - Building Permit No.: 717-10 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at - - Dwelling Type 17 SALEM STREET in the - CITY OF SALEM -- -- - .. -.--... - - - - --- -- - - - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY 17-19 SALEM STREET BEAUTY SALON This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Tue Dec 27, 2011 - GeoTMS®2011 Des Lauriers Municipal Solutions,Inc. -- --- "".".' _ - --- 17 SALEM STREET 717-10 ;cls#: �ast COMMONWEALTH OF MASSACHUSETTS Map:--- — 34 — -- Block: --= CITY OF SALEM !L! ot: 0322 ]I ;Category: ALTERATIONS J Permit# 717-10 BUILDING PERMIT LProject# _1S-2010-001059 ,Est. Cost: $1,500.00 Fee Charged: $25.00 ;Balance Due:_$.00 PERMISSION IS HEREBY GRANTED TO: 'Const.Class: _ Contractor: License: Expires Use Group: John Tucci ILot Size(sq. ft.): 3429.9144 _ - ---Zoning: R3 ;Owner: VIOLA MICHAIiI., VIOLA VINCENZA ---_ __ _ ___ nits Gained: �Appltcant: John Tucci Units Lost: IAT: 17 SALEM STREE"f Dig Sit #_ ISSUED ON: 28-Apr-2010 AMENDED ON: EXPIRES ON. 28-Sep-2010 TO PERFORM THE FOLLOWING WORK. SUB DIVIDE EXISTING TENANT SPACE FOR NEW BARBER.SHOP jbh POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing ,I Building Underground: Underground: Underground: Excavation: Service: ` eter: Footings: Rough: %—� /(f Rough: Rougii:- "y( Foundation: Final: Final: Final: /Yy Rough Frame: C —,7'lO . Fireplace/Chimney: D.P. V. Fire He:tlt i Insulation: House: Oil: DF /�/ )#))16 Final: U//¢/ / House# Smoke: Treasury: Ok 6,0,^tauter. alarm: A SSl'SStl' Server: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. g b Si natur : Y T� Fee Type: Receipt No: '�: Date Paid: Check No: V .%mount: BUILDING REC-2010.001235 '28-Apr-10 tach 575.00 . .,,�.;z-�J►;~iT /1n InQtv'r�^ .v ;i7�f'q-Prf�:l� s „ Lx�1 Culilpleuc,i u; wnik, p! Irk! a¢tll fl7i3-F.1:}�.11 d j t C'eu!"NISlt!)2010 Iles Lauricrs municipalsolutions, Inc. .'. � The Commonwealth of Massachusetts Division of Professional Licensure { 1000 Washington Street Suite 710 -- Boston, MA 02118-6100 f Board of Cosmetology www.mass.gov/dpVboards/hd 617-727-9940 Plumbing Inspection Form INSTRUCTIONS: This form should be completed only if plumbing work has been done in the salon after purchw;c Pane Phir is in certify that lam a Plumbing Inspector in the State of Massachusetts,and that the plumbing alterations or installations for Name of Salon Apphcant' Street �C4 (Q M -:�-k City_:6 lam is in accordance with the specifications of the plumbing ordinances of the city or town of Name of City or Town Where Shop is Located and the Commonwealth of Massachusetts. Name of Plumbin;Contractor Pre$ I Jl?.Jl"rt�i Sl License# ( �1 3 -1 Exp. Dade Address- .... . -Cay!!'own- Signed: P•Er Date Pliimbing/nspec•ta� License# z� The Commonwealth of Massachusetts Division of Professional Licensure 1000 Washington Street Suite 710 t Boston, MA 02118-6100 Board of Cosmetolo—U www.mass.gov/dpUboards/hd 617-727-9940 Electrical.Inspection Form I. INSTRUCTIONS: This form should be completed only if electrical work has been done in the salon after purchase. Date: This is to ecrtify that l made such additions and corrections to the Lit ctrical wiring and electrical fixtures used for lights,heat,and power itl the premises Ionated at: Srreer Name Street i amber �'l10L� /l /� • toC/ l� City State, , 1 and occupies ��j Name of Salon Applicant as wort necessary to make the sante comply with the Rules&Regulations of the Board of Fire Prevention Regulations of the Department of Public Safety as adapted pursuant to the Provisions of Sections 3L of Chapter 143 of the General Laws(inserted St. 14,511,617) { Name of Flectrical Contractor Address V n Holder of Master Electrician License#_ •ZLF'� L /{ �� Signai.tre V Holder of Journeyman Electrician License M 2 / Signature Signed: L ��" /� /aS^%7 2-3/ Elect it eal Inspector License# E.cp. Dare BRUCE T. MACDONALD ATTORNEY AT LAW 678 MASSACHUSETTS AVENUE SUITE 901 CAMBRIDGE,MASSACHUSETTS 02139-3355 TELEPHONE (617)354-1711 FACSIMILE (617)354-5749 April 19, 2008 Thomas St. Pierre Building Inspector City of Salem 120 Washington Street Salem, MA 01970 RE: 17-23 Salem Street, Salem, MA Dear Mr. St. Pierre: Please be advised that I represent Michael Viola and Vicenza Viola, owners of 17-23 Salem Street, Salem. I am writing regarding the status of this property and to request a reasonable accommodation under the federal Fair Housing Act. The house is what is commonly called a"sober house"or"sober home"for individuals in recovery from alcoholism and/or drug addiction. The residents of this house qualify as handicapped persons under the federal Fair Housing Act. They are entitled to legal protections under this law as well as a number of other federal and state laws, which I summarize below. The Fair Housing Act The Fair Housing Act, 42 U.S.C. § 3601, et seg., was amended by the Fair Housing Amendment Act(FHAA) in 1988 to prohibit discrimination,on the basis of handicap. Under § 3604(f)(1), it is unlawful: To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of— (A) that buyer or.renter, (B) . a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (C) any person associated with that buyer or renter. As amended, the Act defines "handicap" as follows: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. 42 U.S.C. § 3602(h). It is clear that Congress contemplated alcoholism and drug addiction as being the kinds of "impairments" covered under this definition. The legislative history of the 1988 amendments, as well as the regulations promulgated by the Department of Housing and Urban Development pursuant to the Act,z clearly support this interpretation. Oxford House, Inc. v. Township of Cherry Hill, 799 F.Supp. 450, 459 (D.N.J. 1992); Oxford House, Inc. v. City of Albany, 819 F.Supp. 1168, 1175 (N.D.N.Y. 1993); United States v. Southern Management Corp., 955 F.2d 914 (4 1h Cir. 1992). The statute defines discrimination to include a"refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such persons equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). The FHAA clearly applies to local zoning ordinances and building code enforcement policies that discriminate against the handicapped in obtaining housing. See 42 U.S.C. § 3615 (providing that , ;"any law of a State, a political subdivision, or other jurisdiction that purports to require of permit any action that would be a discriminatory housing practice under this subchapter shall be to that extent invalid."). The legislative history of the FHAA specifically addresses application of the Fair Housing Act to zoning ordinances. According to the House Report: [The FHAA provisions on handicapped discrimination] also apply to state or local land use ...laws, regulations, practices or decisions which discriminate The House report states: [I]ndividuals who have a record of drug use or addiction but who are not currently using illegal drugs would continue to be protected if they fell under the definition of handicap...Just like any other person with a disability, such as cancer or tuberculosis, former drug-dependent persons do not pose a threat to a dwelling or its inhabitants simply on the basis of status. Depriving such individuals of housing,or evicting them,would constitute irrational discrimination that may seriously jeopardize their continued recovery. H.R.Rep.No. 711, 100'Cong.,2d Sess. 22(1988),reprinted in 1988 U.S. Code Cong.&Admin.News 2173,2183 ("House Report") I The regulations state that: The term physical or mental impairment includes,but is not limited to, such diseases and conditions as...drug addiction(other than addiction caused by current,illegal use of a controlled substance)and alcoholism. 24 CFR§ 100.201(a)(2). 2 against individuals with handicaps. While state and local government have authority to protect safety and health and to regulate the use of land, that authority has sometimes been used to restrict the ability of individuals with handicaps to live in communities. This has been accomplished by such means as the enactment or imposition of...land use requirements on congregate living arrangements among non-related persons with disabilities. Since these requirements are not imposed on families and groups of similar size of other unrelated people, these requirements have the effect of discriminating against people with disabilities. The Committee intends that the prohibition against discrimination against those with handicaps apply to zoning decisions and practices. The Act is intended to prohibit the application of special requirements through land use regulations, restrictive covenants, and conditional or special use permits that have the effect of limiting the ability of such individuals to live in the residence of their choice in the community... Another method of making housing unavailable to people with disabilities has been the application or enforcement of neutral rules and regulations on...land use in a manner which discriminates against people with disabilities. H.R. Rep. No. 711, 100`h Cong., 2d Sess. 24 (1988), reprinted in 1988 U.S. Code Cong. & Admin. News. 2173, 2185 ("House Report") Courts have unanimously applied the reasonable accommodations requirement to zoning ordinances and other land use regulations and practices. Tsombanidis v. City of West Haven, 180 F.Supp.2d 262 (D.Conn. 2001), aff'd in part, rev'd in part, 352 F.3d 565 (2nd Cir. 2003); Oxford ,House, Inc. v. Township of Cherry Hill, supra, 799 F.Supp. at 462-63; Horizon House Developmental Service, Inc. v. Town of Upper Southampton, 804 F.Supp. 683, 699-700 (E.D.Pa. 1992); Stewart B. McKinney Foundation, Inc. v. Town Plan & Zoning Commission of the Town of Fairfield, 790 F.Supp. 1197, 1221 (D.Conn. 1992); United States v. Village of Marshall, 787 F.Supp. 872, 878 (W.D.Wis. 1991); United States v. Commonwealth of Puerto Rico, 764 F.Supp. 220, 224 (D.P.R. 1991). Many courts considering the applicability of the FHAA to sober houses have recognized the importance of recovering substance abusers living in large enough numbers to support each other and prevent relapse.. One.-U.S. District Court observed: Addiction to illegal drugs or alcohol places severe limitations on people's lives, disrupting personal relationships, and impairing one's ability to advance in school or employment. These limitations continue to have a significant impact on an alcoholic's or drug addict's life even after the process of recovery has begun. After completion of a rehabilitation program, it is crucial for recovering alcoholics and substance abusers to have a supportive, drug and alcohol-free living environment. The support obtained by being in a group of other recovering addicts substantially increases an individual's chances for recovery. Oxford House, Inc. v. Township of Cherry Hill, supra, 799 F.Supp. at 456. 3 t Another recognized that"[r]ecovering alcoholics or drug addicts require a group living arrangement in a residential neighborhood for psychological and emotional support during the recovery process." Oxford House, Inc. v. Town of Babylon, 819 F.Supp. 1179, 1183 (E.D.N.Y. 1993). The law is clear that municipalities such as Salem are required to make a"reasonable accommodation" in their zoning and building code practices to allow sober homes, such as the one at 17-23 Salem Street, to exist. I invite your attention to the enclosed article from the Falmouth Enterprise describing two 14 man sober houses that were initially deemed to be boarding houses by the Falmouth Building Commissioner. After an investigation by the Office of Fair Housing and Equal Opportunity of the U.S. Department of Housing and Urban Development, which I requested on behalf of my clients, the town conceded that they were required to make such a"reasonable accommodation" and the two sober houses were allowed to remain in operation. In my opinion, the same result would obtain in Salem after a similar investigation of 17-23 Salem Street. The Rehabilitation Act of 1973 Additionally, the sober home at 17-23 Salem Street is covered by the federal Rehabilitation Act of 1973 ("the Rehabilitation Act"), 29 U.S.C. § 794 et seg., which provides that: "No otherwise qualified individual with a disability in the United States, as defined in section 706(8) [29 U.S.C. § 706 (8)] . . , shall, solely by reason ,. of her or his disability, be excluded from the participation in, be M denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. . . ." 29 U.S.C. § 794(a) (a), as amended in 1992. A person recovering from or receiving treatment for addiction to alcohol or drugs is a"qualified individual with a disability" for purposes of the Rehabilitation Act. Innovative Health Systems, 931 F. Supp. at 231 (and cases cited therein); 29 U.S.C. § 706 (8)(B) and (C). The Rehabilitation Act further provides that: "For the purposes of this section, the term `program or activity' means all of the operations of. . . a department, agency, special purpose district, or other instrumentality of a State or of a local government. . . ." 29 U.S.C. § 794 (b)(1)(A) The Rehabilitation Act"provides a remedy for individuals with disabilities in zoning activities." Innovative Health Systems v. City of White Plains, 931 F. Supp. 222, 234 (S.D.N.Y. 1996) 4 The Rehabilitation Act applies only to discrimination by recipients of Federal financial assistance. In my opinion, a sufficient nexus would exist between the City of Salem's zoning and building code activities and federal funding to implicate the Rehabilitation Act in the present case. Under the Civil Rights Restoration Act, any program in an institution that receives federal financial aid, no matter how specific the purpose or program for which that aid is given, must follow the guidelines of the Rehabilitation Act. Innovative Health Systems, supra, 931 F. Supp. at 234. (sufficient for plaintiffs to allege that the City is a recipient of federal financial assistance, even though there was no allegation as to the Planning Board and Zoning Board of Appeals). It is fair to conclude that Salem has received substantial federal funding from a variety of sources for a variety of purposes. The City's actions, therefore, must conform to the Rehabilitation Act. Americans With Disabilities Act The Americans With Disabilities Act("ADA"), 42 U.S.C. § 12101, et seq., provides that: "no qualified individual with a disability shall,by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity." 42 U.S.C. § 12132 "Disability" is defined as "a physical or mental impairment that substantially limits one or more of the major life activities of[an) individual. 42 U.S.C. § 2102(2)(A). Persons recovering from or receiving treatment for addiction to alcohol or drugs are disabled individuals for purposes of the ADA. 42 U.S.C. § 12210(b) and (c); 28 C.F.R. § 35.104, 35.131. ,;Like the FHAA, Title II of the ADA has been interpreted to apply to municipal zoning vregulations, practices, or decisions that subject persons with handicaps or disabilities to ,discrimination based upon their handicap or disability. See Forest City Daly Housing, Inc. v. Town of North Hempstead, 175 F.2d 144, 151 (2d Cir. 1999); Innovative Health Sys., Inc. v. City of White Plains, 117 F.3d 37, 45-46 (2d Cir. 1997); Connecticut Hosp. v. City of New London, 129 F.Supp.2d 123, 135 (D.Conn. 2001). The legal analyses under both statutes are essentially the same. Title II of the ADA, like the FHAA, places upon municipalities an affirmative duty to make reasonable accommodations in order to afford persons with disabilities the same housing opportunities as the non-disabled, so long as those accommodations are reasonable and do not place an undue financial or administrative burden on the municipality or require a fundamental alteration in the nature of the program. See Southeastern Community College v. Davis, 442 U.S. 397, 412 (1979); Bryant Woods Inn, Inc. v. Howard County, 124 F.3d 597, 603 (4th Cir. 1997) (recognizing the tension between the County's right to control land uses through neutral regulation and its duty to provide a reasonable accommodation to persons with handicaps). Additionally, the regulations promulgated under Title II of the ADA mandate a reasonable modification by a public entity "in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity." 28 C.F.R. § 35.130(b)(7); see also Olmstead v. L.C., 527 U.S. 581, 604, n. 16 (1999) (a plurality of the Court holding that Title Il of the ADA, consistent with § 504 of the 5 Rehabilitation Act, provides for a reasonable accommodation unless the accommodation would impose an undue hardship on the operation of its program) Because the sober home at 17-23 Salem Street will operate in a manner similar to a single-family residence and because it is necessary for the residents' recovery for them to live together in sufficient numbers to form a peer supportive environment, the City will be required to grant the reasonable accommodation requested to permit twenty-two residents to reside in the house. See Tsombanidis v. City of West Haven, supra, 180 F.Supp.2d at 293. Massachusetts General Laws, Ch. 40A, & 3 The Massachusetts Zoning Act (MZA), G.L. Ch. 40A, § 3 provides in pertinent part that: "Notwithstanding any general or special law to the contrary, local land use and health and safety laws, regulations, practices, ordinances, by-laws and decisions•of a city or town shall not discriminate against a disabled person. Imposition of health and safety laws or land-use requirements on congregate living arrangements among non-related persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination..." Massachusetts has adopted the principle of statutory construction that where a state law does not define a phrase used in the law, a court should follow the construction given to the same phrase in,parallel federal statutes by the federal courts. See Vasys v. Metropolitan District Commission, 387 Mass. 51, 54 (1982), where the Court held that: "When the Legislature, in enacting a statute, adopts the language of a federal statute, we will ordinarily construe the Massachusetts statute in accordance with the construction given the cognate Federal statute by the Federal courts. . . . We do not follow the Federal precedent, however, when the Federal result is dictated by some principle of Federal law not found in the law of Massachusetts." See also Framingham Clinic, Inc. v. Zoning Board of Appeals of Framingham, 382 Mass. 283, 290 (1981) (in absence of express definition, meaning of word or phrase in zoning enactment should be derived "from sources presumably known to enactors, such as their use in other legal contexts and dictionary definitions."). As a civil rights statute, the MZA is remedial and must be construed liberally. Batchelder v. Allied Stores Corp., 393 Mass. 819, 822 (1985); City of Boston v. Hospital Transp. Serv., 6 Mass.App.Ct. 198, 201-02 (1978). Massachusetts should look to federal law, including the FHAA, in interpreting the phrases "disabled person" and "persons with disabilities," and that by so doing, the MZA must be read to bar the City's discriminatory treatment of a home for recovering substance abusers under its zoning and building code rules or practices. 6 City of Salem Zoning Ordinance The definition of"family" in the Salem Zoning Ordinance (Article II, § 2-2) is: One (1) or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit; provided that a group of three (3) or more persons who are not within some degree of kinship shall not be deemed to constitute a family. Both the Massachusetts Supreme Judicial Court and the Appeals Court have addressed the terms "family" and "single housekeeping unit." In Commonwealth v. Jaffe, 398 Mass. 50 (1986) the Supreme Judicial Court held that eight unrelated individuals did not constitute "one family" under the Newton zoning code because there was "a complete lack of communal living." Id. at 54-55. The court held that"the tenants' living arrangement simply did not achieve the permanency and cohesiveness inherent in the notion of a single housekeeping unit." The court quoted the definition of"single housekeeping unit" given by the court in McMinn v. Oyster Bay, 105 A.D.2d 46 (1984), aff d, 66 N.Y.2d 544 (1985): When a group functions as a single housekeeping unit, it is considered to bear the generic character of a family unit as a relatively permanent household . . . and it should be as entitled to occupy a single-family dwelling as its legally or biologically related neighbors. . . . The single housekeeping unit that consists of persons who live and cook together because they are friends, seek companionship or share the need for affordable housing, approximates the living arrangements of a traditional family, and its existence as a normal, stable and permanent unit s makes its use of the dwelling compatible with the residential neighborhood in which it is located. . . . (Citations and internal quotation marks omitted) Commonwealth v. Jaffe, supra, 398 Mass. at 56-57. In Hall v. Zoning Board of Appeals ofEdgartown, 28 Mass.App.Ct. 249 (1990), the issue was whether properties in two zoned districts (one of which housed 10 people) were being used as "lodging houses" as that term appeared in the zoning by-law's definition of"transient residential facilities." Because "single family detached dwellings" were a permitted use in those zoned districts, it was necessary for the Appeals Court to interpret the,term "family," which was undefined in the Edgartown zoning by-law. The court did so as follows: Given contemporary realities, in the absence of a definition of"family" or a provision restricting "single family" use to occupancy by persons related by blood, marriage, or adoption, the term "single family use" is broad enough to include at least occupancy of a dwelling by a reasonable number of unrelated people who choose to share a single family structure, living together as a single housekeeping unit in a family-like situation. Id. at 256. 7 Other courts have treated single housekeeping units similarly. In Berger v. State, 71 N.J. 206, 225-226 (1976), a case involving a home for 8 to 12 multi-handicapped, pre-school children, the New Jersey Supreme Court stated: The concept of zoning for a single housekeeping unit is not novel. Many zoning ordinances have already gone beyond the notion of restricting single family dwellings to a conventional family unit and have permitted occupancy by a limited number of unrelated persons living together as a single housekeeping unit.'See, e.g., ordinances construed in Palo Alto Tenants' Union v. Morgan, 487 F.2d 883 (9th Cir. 1973), cert. denied, 417 U.S. 910, 94 S.Ct. 2608, 41 L.Ed.2d 241 (1974) (ordinance defining"family" to include unrelated group of 4 persons living as a single housekeeping unit held valid); Oliver v. Zoning Comm'n of Town of Chester, 31 Conn. Super. 197, 326 A.2d 841, 845 (C.P. Middlesex County, 1974) (community residence for employable retarded adults in which married couple was to serve as houseparents found to be lawful single family use where family was defined as "One or more persons occupying the premises as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity or hotel"); Carroll v. City of Miami Beach, 198 So.2d 643 (Fla. Ct. App. 1967) (novitiate held to be in compliance with ordinance defining family as any number of persons living as a single housekeeping unit). See also 1 Anderson, American Law of Zoning § 8.27, at 636 (1968). Some municipal zoning ordinances have included criteria for determining whether a group of unrelated people is the functional equivalent of a traditional family, including whether the group ,4 shares the entire house, lives and cooks together as a single housekeeping unit, shares expenses tfor food, rent, utilities, or other household expenses, and is permanent and stable. Unification t.Theological Seminary v. City of Poughkeepsie, 607 N.Y.S..2d 383, 384 (1994). In Open Door <Alcoholism Program, Inc. v. Board ofAdjustment, 491 A.2d 17, 21 (App.Div. 1985) the court ,noted that"[t]he controlling factor in considering whether a group of unrelated individuals living together as a single housekeeping unit constitutes a family...is whether the residents bear the generic character of a relatively permanent functioning family unit." In Hill v. Community of Damien of Molokai, 121 N.M. 353 (1996)the court held that four unrelated individuals afflicted with AIDS operated as a family unit inasmuch as much of their activities were communal in nature. "More importantly, the residents provide moral support and guidance for each other and together create an environment that assists them in living with the disease that has afflicted them." Id. at 361 The definition of"housekeeping unit" approved by both the Massachusetts Supreme Judicial Court and Appeals Court, and utilized by other state appellate courts, is consistent with the communal, peer-supportive nature of the sober home at 17-23 Salem Street. Because any number of related individuals may live together as a single housekeeping unit under the Zoning Ordinance, the same treatment should be given to handicapped individuals under the above-cited statutes. The residents of 17-23 Salem Street all qualify as handicapped under federal and state law in that they are all in recovery from alcoholism and/or drug addiction. They live in a communal setting,have the use of all common areas in the house, cook in a communal kitchen, and are responsible for the daily upkeep and cleanliness of the house. 8 Request for Reasonable Accommodation Under the Fair Housing Act My clients request that the City of Salem grant a reasonable accommodation in zoning and building code rules, policies, and practices, by allowing twenty-two handicapped individuals to reside at 31 Wilton Street in the same manner as twenty-two biologically related individuals would be allowed, and permit this sober home to exist. Such accommodation is necessary to afford such persons equal opportunity to use and enjoy this dwelling. 42 U.S.C. § 3604(f)(3)(B). Specifically, the reasonable accommodation requested is a waiver of the two person limit, contained in the definition of"family" in the Salem Zoning Ordinance (Article II, § 2-2) for unrelated persons living together as a single housekeeping unit, so that the residents of 17-23 Salem Street are deemed a"family" for purposes of that ordinance. Contrary to any previous information provided to your office, my clients are providing housing, not treatment or any other services, for individuals who are verified to be in recovery from alcoholism and/or drug addiction. They are not operating a treatment program and no treatment is provided by them on or off premises. This house is what is commonly referred to by HUD as a"residential home for persons with disabilities." My clients would welcome an inspection of the premises by your office so that the City can be satisfied that the property is well suited for a sober home use. I would also appreciate the opportunity to meet with you and other City officials to discuss relevance and applicability of the above-cited statutes to this house, with a view toward coming to an agreement on a reasonable accommodation. Please notify me of your decision regarding this request for a reasonable accommodation under athe Fair Housing Act. If no communication is received within fourteen (14) of your receipt of .;this letter, I will take that as a denial of a reasonable accommodation. Very truly yours, /Bru eMa c d nald BTM:tf Encl. CC: Jerald A. Parisella, Esq. Alexander& Femino One School Street Beverly, MA 01915 CERTIFIED MAIL-RRR# 7007 2560 00010403 8223 9 LAW OFFICES OF ROSSI & ASSOCIATES, P.C. EVERETT CHELSEA BOSTON 516 BROADWAY EVERETT,MA 02149 TEL.(617)387-5502 FAX.(617)387-6286 August 14, 2009 Thomas St. Pierre Inspectional Services City of Salem 93 Washington Street Salem, MA 01970 . Re: 21 Salem Street, Salem, MA Mr. St. Pierre, Please be advised our office represents Mr. Michael Viola. The purpose of this letter is inform the City of Salem that the above stated location as of July 31, 2009 is no longer used as a sober house or rooming house. The property will be used for the purpose of a single family dwelling only. We would like to request that a Certificate of Occupancy be re-issued with allowed use as a single family dwelling. If you have any questions or concerns regarding this matter please feel free to contact me at 617-387-5502. Your anticipated help and cooperation regarding this matter is greatly appreciated. Respectfully, Anthony J. Rossi �•. _} AA9 . G. 1 y9e {.l:ii.. r.:`Lli/l•, t.ii.�x - ;�` OP COMMONWEALTH OF MASSACHUSETTS ESSEX REGISTRY OF DEEDS,SO.DIST.,SALEM,MASS9 ESSEX SS /� �/ A ThUE COPY OF RECO D: ZO u ATTEST; qT- 61 REGISTER 11� a�5 -Da IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllll 2009082000284 Bk;28815 Pg;18 08/20/2009 01:34 RFFT Pe 1/2 AFFIDAVIT 1,MICHAEL VIOLA, owner of 17-21 Salem Street, Salem, Essex County, Massachusetts, swear under the pains and penalties of perjury, that 21 Salem Street, Salem, Essex County, Massachusetts shall be used for the sole purpose of a single family dwelling. SS Signed under the pains and penalties of perjury. August 19, 2009 > � MICHAEL VIOLA cis COMMONWEALTH OF MASSACHUSETTS w SUFFOLK, ss. On this—VT day of August, 2009,before me,the undersigned notary public,personally appeared,MIqkY(EL VIOLA,proved to me through satisfactory evidence of identification, N which wergT.Driver's License;_State ID;_Passport;_Other Government Issued ID; _ (l� Other, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. NOTARY PUBLIC MY COMMISSION EXPIRES: &tea 0 'Ir oaD� s B � opo o/ „, pp pppp 2008020500323 Bk;27503 Pg;159 Quitclaim Deed 02/05/20N 75:39:00 DEED P9 i/2 I, Michael Viola, of 4 Butterfield Road,Saugus, Essex County,Massachusetts in consideration of One Dollars ($1.00) grant to Michael Viola and Vincenza Viola, husband and wife as tenants by the entirety of 4 Butterfield Road,Saugus,Essex County, Massachusetts with QUITCLAIM COVENANTS The land with the buildings thereon situated at 17-23 Salem Street a/k/a 19 Dow Street,Salem,Massachusetts,Salem,Essex,Massachusetts as described in EXHIBIT "A” attached hereto and incorporated herein. Executed as a sealed instrument this 5I day of February 2008. Michael Viola Commonwealth Of Massachusetts . Essex , ss On this 5`h day of February 2008, before me,the undersigned notary public, personally appeared Michael Viola f , proved to me through satisfactory evidence of identification,which were H.4s t DK.t Vf<e k ce. to be the person whose name is signed on the preceding or attached document, and acknowledged to me tha&she/they signed it voluntarily for its stated purpose. Noti-W ublic My Commission Expires: EIRDRE UWANALMHWANALMH NDtery Pdae COMYCNW om Of cn EV 1{MEITA My CWH OF an F J D Y015 Exhibit A—Property Description Those certain parcels of land in Salem,Essex County,Commonwealth of Massachusetts,with buildings thereon,bounded and described as follows: Parcel l WESTERLY by Salem Street,fifty-five and thirty-four hundreths (55.34)feet; NORTHERLY by land now or formerly of Linnehan,forty-six and eighteen hundreths (46.18)feet; EASTERLY by land now or formerly of Richard,fifty-four and twenty-three hundreths (54.23) feet; & SOUTHERLY by land formerly of Dianne and land formerly of the St.Jean Bapstiste Building Association,Inc.forty-five and seven hundreths (45.07)feet; Parcel 2 WESTERLY by Salem Street,twenty and seventy-four hundreths (20.74) feet; NORTHERLY by land now or formerly of Ropes,forty-five and sixty-two hundreths (42.62)feet; EASTERLY by land now or formerly of Redford,twenty and three hundreths (20.03) feet; and SOUTHERLY by Dow Street,forty-five and thirty-two hundreths(45.32)feet. For title see deed dated May 4,2006 and recorded with the Essex South County Registry of Deeds at Book 25685,Page 511. 'S2kQ; D'z7 _.. 1847A ; Y?!^3H COMMONWEALTH OF MASSACHUSETTS ESSEX REGISTRY OF DEEDS SO.DIST.,SALEM,MASS ESSE)(SS A U6 - � 2069 9 A TRUE COPY OF RECORD: // PAGE /; .S9 _ ATTEST: r 7 REGISTER f COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. ESCV2008-00537 THOMAS ST. PIERRE, as BUILDING INSPECTOR AND ZONING ENFORCEMENT OFFICER for the CITY OF SALEM, Plaintiff V. MICHAEL VIOLA, VINCENZA VIOLA and ST. JEAN'S RE-ENTRY, Defendants, AGREEMENT FOR JUDGMENT The parties agree that judgment shall be entered in the above-entitled matter upon the following terms: 1. A fire suppression system shall be installed at 17-21 Salem Street(the premises) that meets the requirements of the Automatic Sprinkler Appeals Board decision dated September 23, 2008, said agreement is attached as Exhibit A and incorporated by reference. A permit for the installation of said system will be applied for by March 27, 2009. Installation will be completed by May 29, 2009. 2. Access to the premises will be provided in accordance with the requirements of the Massachusetts Architectural Access Board,to include 521 CMR 8.0. Defendants agree to submit plans for said compliance to the Board by May 1, 2009. 3. Fire separation assemblies at the premises must meet current building code requirements. 4. Upon the approval of the within agreement by the court,the number of residents at the premises may be increased to fourteen(14) individuals, all of whom are all persons with disabilities under the Fair Housing Act. 5. Residents and staff will be limited to 4 vehicles. 6. All residents of the premises shall agree to participate in the St. Jean's House program and abide by its rules and regulations, a current copy of which are attached as Exhibit B and incorporated by reference. 7. The Defendants shall provide the City with a current contract indicating that residents are tested for controlled substances on a regular basis. Evidence of this will be provided yearly to the Salem Board of Health. 8. The premises shall be subject to twice-annual inspections that will include,but not be limited to,representatives of the Board of Health, Fire Department and Inspectional Services. 9. The Defendants shall notify in writing the building inspector,police chief and fire chief who the responsible person is to contact regarding issues related to building and public safety issues. 10. The grant of a reasonable accommodation and exemption from zoning is specifically predicated upon the Defendants' representation that the property is being used for the operation of a program for recovering alcoholics/addicts which persons are "persons with disabilities"under the Fair Housing Act. If the use or ownership of the property is changed, the City of Salem reserves the right to review whether the new or different use or owner is entitled to exemption from zoning and, further,in the event the new or different use or owner is not entitled to an exemption, the City of Salem reserves the right to enforce its Zoning Ordinance. 11. The complaint for contempt brought by plaintiff against defendants is dismissed. 12. Defendants will dismiss the housing discrimination complaint filed with the Office of Fair Housing and Equal Opportunity of the U.S. Department of Housing and Urban Development. 13. A stipulation of dismissal will be filed in the matter of Michael Viola v. City of Salem, et al (United States District Court, Civil Action No. 08CA 11531 GAO). The parties shall bear their own costs, to include attorney fees. Bruce T. Macdonald erald A. Parisella BBb #636416 BBO#310400 ALEXANDER &FEMINO 649 Massachusetts Avenue One School Street Suite 8 Beverly, MA 01915 Cambridge, MA 02139 (978)921-1990 617-354-1711 Attorney for the Defendants Attorney for the Plaintiff Aprt, his I day o afc he Superior Court EXHIBIT A Sep-25-08 04:15pm Ffom-SALEM FIRE DEPT ADMIN 9797454646 T-330 P.02/06 F-902 DwAL L.PAT=r ✓; JazV/.aCe ./LoacG MAURIC13 M. GovERNoR �c�t GXABUtAN PR.�rTE TnAw YP.MuRRAY vow, Q/gua� 01775 I x.GovERNOR PAULDONGA 978)5V-3�81 C as(978)567-3��9 VICE 01AM Knrw M.Brmr� SECRETARY Docket#2008-07 17-23 Salem Street Salem,Massachusetts AUTOMATIC SPRINKLER APPEALS BOARD DECISION A) Statutory and Regulatory Framework This administrative appeal hearing is held in accordance with Massachusetts General Law, Chapter 30A; Chapter 148, section 26 H; Chapter 6, section 201 and 530 CMR,to determine whether to affirm the order of the Salem Fire Department requiring the Appellant,Michael Viola, (hereinafter "Appellant") to install automatic sprinklers in the building owned by the Appellant located at 17- 23 Salem Street, Salem,MA. B) Procedural History By written notice dated May 22, 2008 and received by the Appellant on May 22, 2008, the City of Salem Fire Department issued an Order of Notice to the Appellant informing him of the Provisions of M.G.L. c. 148,s. 26H, which requires that automatic sprinklers be installed in the Appellant's building located at 17-23 Salem Street,Salem,MA. The Appellant filed an appeal of sldd Order on June 30, 2008, The board held a full hearing on this matter on August 13, 2008, at the Department of Fire Services, Stow,Massachusetts. Appearing on behalf of the Appellant was: Attorney Bruce McDonald. Appearing on behalf of the Salem Fire Department was: Chief David W. Cody;Thomas McGrath, ALA; Salem Building Department; and Attorney Jerald Parisela, Assistant City Solicitor,Salem. Present for the Board were: Thomas Coulombe,Acting Chairman;Roderick Fraser; Alexander Macleod;Peter Gibbons; John J. Mahan; and Aime R, DeNault. Peter A. Senopoulos,Esquire, was the Attorney for the Board. C) Issue(sl to be Decided Whether the building located at 17-23 Salem Street, Salem. as currently used and occupied, is 5ep-25-08 04:15pm From-SALEM FIRE DEPT ADMIN 9787454646 T-330 P.03/06 F-902 subject to the automatic sprinkler requirements of M.G.L c.148, s. 26H? .ID) Evidence Received 1. Appellant's Application for Appeal and Statement in Support of Appeal 2. Order of Notice of the Salem Fire Department 3. Proposed renovation plans for building 4. Notice of Hearing to Appellant 5. Notice of Bearing to the Salem Fire Department 6. Copies of two Memoranda that accompany hearing notices 7. Appellant's Photographs (A-G) S. City of Salem Order(adopting 26H—approved by Mayor on February 17, 1987) 9. Building Permit—City of Salem 10. Renovation Tetter—Certificate of Occupancy 11. Certificate of Occupancy issued January 8,2008 ]F=) Subsidiary FSndines of Fact 1, By written notice dated May 22, 2008 and received by the Appellant on May 22, 2008,the City of Salem Fire Department issued an Order of Notice to the Appellant informing him of the provisions of M.GJ.. c. 148, s.26H, and requiring that automatic sprinklers be installed in the Appellant's building located at 17-23 Salem Street,Salem, MA. The Appellant filed an appeal of said Order on June 30, 2008. 2. On or about January 12, 1987, the City of Salem City Council adopted the provisions of M.G.L. c, 148,s. 26H,a local option law. The Mayor of Salem approved this local option law on February 12, 1987. Said section defines a lodging house or boarding house as a house where lodgings are "let to six or more persons not within the second degree of kindred to the person conducting it." 3. The property located at 17-23 Salem Street,Salem, Massachusetts was formally the St. Jeans French American Social Club prior to the Appellant's purchase in July, 2006. In 2007,the Appellant renovated the property,leaving the first floor as commercial space and transforming the second floor into a residential area.The Appellant is currently leasing the second floor residential portion of this building to individuals who are recovering from drug and/or alcohol addiction. 4. On January 8, 2008, the City of Salem issued a Certificate of Occupancy based upon the building's status as a"single family residence". However, on January 28,2008, the City revoked the Certificate of Occupancy due to a determination that the property does not feature an adequate system of adequate sprinklers as required for certain buildings considered a lodging house pursuant to M.G.L. c. 148 § 26H. 2 Sap-25-08 04:18pm From-SALEM FIRE DEPT ADMIN 9TBT454646 T-330 P.04/06 F-902 5. Originally, the Appellant sought to establish the ability to provide living accommodations in the subject building for 22 individuals, The Appellant later reduced his request to 14 persons, 6. The subject property is a 2-story brick building that contains commercial space on the first floor and residential space on the second floor. The second floor has 7 bedrooms for sleeping accommodations. The living arrangements are communal in nature. There are no locks on any bedroom doors. Residents share common living space including: a kitchen, living room, bathrooms, and a laundry area on the first floor. 7. There are currently six (6)individuals who reside at the subject property. They each pay individual rent directly to the Appellant on a weekly basis. By agreement,residents submit to routine drug/alcohol testing and agree to abide by house rules,which among other things prohibit smoking within the house.There is a house manager on site. 8. The attorney for the Appellant agrees that the house is occupied by six or more persons not within the second degree of kindred to the person conducting it and that the house would be considered a lodging house subject to the provisions of M.G.L. c. 148, s. 26H, but for the provisions of Federal Fair Housing Act. Appellant's counsel contends that the property, as it is currently used and occupied,is exempt from the provisions of s. 26H since the particular occupants are considered a"family"under the provisions of the Federal Fair Housing Act and are therefore exempt from the provisions of M.G.L, c. 148, s.26H, Appellant further contends that the application of the provisions of said section 26H, as applied to the occupants of the subject building, is discriminatory and requests that the Board grant reasonable accommodations,in the form of a waiver. J. The Attorney for the Appellant,although citing several cases which support his legal argument involving situations based upon local"zoning"laws, conceded that there are no Federal or state cases that he is aware of that would support his contention based upon the subject sprinkler requirements or other related public safety laws. 10. Appellant's attorney requests that if this board is not inclined to grant such an exemption or waiver, that the Board grant a reasonable extension of time within which Appellant can complete the installation of an adequate sprinkler system. The Attorney suggested that a period of one-year would be reasonable,The representatives for the City did not provide any evidence in opposition to this request. 11.The Board notes that the Appellant owns the building with his wife. He does not live in the subject building and does not present any evidence indicating that he is a member of a "family"or is a disabled person who comes within the terms of the Fair Housing Act. 12. In support of their position, the representatives of the City of Salem Fire Department testified that they ordered the installation of sprinklers due to the fact that the building is currently used as a"lodging house", as defined in s. 26H_They also indicated that the City's position is not based upon a zoning law and does not prohibit the use of the building as a lodging house. They indicated that the installation of sprinklers in the current situation is not considered discriminatory under the Fair Housing Act,since it applies equally to all such houses whether or not the resident occupants are disabled or not. 3 S4-25-08 04:19pm From-SALEM FIRE DEPT ADMIN 9787454646 7-339 P.05/06 F-902 F) Ultimate Findings of Fact and Conclusions of Law 1. The Board finds that the building located at 17-23 Salem Street, Salem, as it is currently used and occupied, is subject to the provisions of M.G.L.0.148, s.26H. The Board finds that said house is a lodging house being let to six or more persons who are unrelated to the person conducting it. The building does not come within any of the enumerated statutory exemptions. In previous decisions,the Board has consistently determined that the provisions of M.G.L.0.148, s.26H apply to all houses that fit the criteria stated in said statute. 2. The obvious purpose of the enhanced automatic sprinkler requirement of said s. 26H is to protect public safety in the event of a fire. The statute applies to all such buildings, in a neutral manner, without regard to the actual or perceived disability status of the building occupants. Although the statute requires a monetary expenditure related to the installation of a fire sprinkler system,it clearly does not prohibit the intended use of the house by the Appellant or its occupants. 3. Additionally,the Board does not believe that it is the proper forum to determine whether the provisions of M.G.L. c. 148, s. 26H, as applied to the Appellant,is contrary to Federal or constitutional provisions. Absent a clear determination by a court of law that the statute, as applied to the Appellant,is contrary to Federal law it is reasonable for the Board to conclude that the statute remains valid and enforceable.The Board notes that a prior decision of this Board, which presented a very similar set of facts, was upheld by the Commonwealth's Appeals Court sachusetts Sober Housing Corporation v.Automatic Sprinkler Anneals Board, 66 Mass.App. Ct. 701,705 (2006)). G) Decision Based upon the aforementioned findings and reasoning, the Board hereby upholds the Order of the Salem Fire Department to install adequate sprinkler protection in the subject building in accordance with the provisions of M.G.L. 0.148,s. 26H. The Appellant is hereby required to install an adequate system of automatic sprinklers throughout the entire second floor living area, including all means of egress and entrances thereto from the first floor. The first floor laundry area shall also be provided with an adequate sprinkler system. Additionally, the Appellant shall install an adequately monitored fire alarm system throughout all areas of the building including first floor areas. The Board finds that a reasonable extension of time is warranted to comply with this determination. Plans for the installation of an adequate sprinkler and the required alarm system shall be submitted to the Salem Fire Department within 90 days of the receipt of this decision. Installation shall be completed no later than one year from the date of this decision. 4 "Sep-2.5-08 04;19pm From-SALEM FIRE DEPT ADMIN 9787454645 T-330 P.08/06 F-902 Ii) 'Vote of the Board Thomas Coulombe, Acting Chairman In Favor Roderick Fraser, Commissioner In Favor Alexander Macleod In Favor Peter Gibbons In Favor John 1.Mahan In Favor Aime DeNault In Favor I) Right of Auueal You are hereby advised you have the right to appeal this decision, in whole or in part, within thirty (30) days fiom the date of receipt of this order,pursuant to section 14 of chapter 30A of the General Laws. SO ORDERED, <�eC------ Thomas Coulombe, Acting Chairman Dated: September 23,2008 A COPY OF THIS DECISION AND ORDER WAS FORWARDED BY CERTIFIED MAIL, RETURN RECEIPT TO: Bruce T. MacDonald, Esq. 678 Massachusetts Avenue Suite 901 Cambridge, Massachusetts 02139-3355 Chief David W. Cody Salem Fire Department 48 Lafayette Street Salem,Massachusetts 01970 5 EXHIBIT B ST. JEANS HOUSE RULES Welcome to St. Jeans House. We hope that while here at St. Jeans you will utilize this house and the tools available to assist you with your continued recovery and transition back into the community. While here at St. Jeans it is our responsibility to provide you with a safe, substance free, structured environment in which you can grow. In order to ensure an environment that will promote recovery for all residents, we have developed the following rules for residents. Zero Tolerance Infractions: • No alcohol or illegal drug use,possession, or distribution allowed. • No threats, acts of violence, or other behavior considered by St. Jeans staff to be intimidating, disruptive or disrespectful toward any family member, staff, volunteers or neighbors. • No weapons allowed. • No racial, sexual or other discriminatory remarks of any kind. Breaking the above rules will result in immediate expulsion from the house. Drug and alcohol testing: • During your entire stay at St. Jeans House, you will be required to give a minimum of three(3) supervised drug/alcohol urinalysis screenings per week, which will be collected by a certified laboratory. • If a staff member here at St. Jeans feels that there is cause for a random urine screen, one will be administered. Medications: • Prior to acceptance into St. Jeans, staff will review all prescribed medications. • You may only have in your possession medication for which you have a current, valid prescription by a doctor. • You must notify staff before beginning any new medications, and before taking over-the- counter medications. Chores: • All family members will be responsible for a weekly chore. You must do your chore everyday by 10:00 p.m. You must have someone cover your chore if you are on overnight. You must check the chore list off each day after completion of chore. Once per month there will be a mandatory house cleaning. Room Rules: • Your room is to be kept clean and neat at all times. • No locks of any kind are to be placed on bedroom doors, closets, or bureaus. • Staff will have full access to rooms. They are allowed to enter at any time to inspect and insure safety. • You are not allowed to enter another resident's room unless they are present. • You cannot move from bed to bed without pennission of the staff. Smoking: • There is absolutely no smoking anywhere inside the building. • Designated smoking areas are posted at the house. • Smoking areas to be kept clean always. Smokers must dispose of smoking material safely, using butt cans and ashtrays. Fire Drills: • Fire drills will be held on a random basis without prior notice. All residents are to leave the building immediately and meet up in the back parking lot of St. Joseph's Church diagonally across from St. Jeans on Salem Street. All residents must read the fire safety plans located on each floor of the building and be familiar with the locations of all fire extinguishers. Visitors: • Visitors are not allowed in the home on any group night, and are never allowed in your bedrooms. • Visitors may visit in the living room, dining room, and kitchen areas only. • No overnight visitors are allowed. • Visitors may be asked to leave the premises at any time. In the event that there is a suspicion of drug or alcohol use by a visitor, the visitor will be asked to leave the premises immediately. This is part of the Zero tolerance policy which allows us to ensure a safe, clean, sober environment at all times. Good Neighbor Policy: • All residents must act with respect at all times toward all neighbors. • Residents are not allowed to congregate in the front of the building. • Residents will use designated parking spaces only, and will not block driveways of neighbors. • All music and conversation must be kept to a minimal level before 9:00 a.m. and after 9:00 P.M. Outside Support: • You must attend three or more outside A.A. or N.A. or similar support group meeting per week. • It is suggested that you take advantage of outside resources, such as counseling, to assist you in your recovery. House Meetings: • There is a mandatory house meeting every , which you must attend. These meeting are critical to the welfare of the house—it is your opportunity to discuss and resolve any issues you or others may have. • There is a mandatory house cleaning on the first Tuesday of every month. All residents must participate. Kitchen Hours: 0 There is no cooking in the kitchen between midnight and 4:30 a.m. • If you cook in the kitchen you must clean up after yourself. No dishes are to be left in the sink. Please have consideration for the person who has the kitchen chore. Bathrooms: • There are to be no personal hygiene products left in the bathrooms. It you leave any items in the bathroom they will be thrown away. No exceptions! House Fees: • House fees are $150 per week and are due on Friday nights. No personal checks are accepted. I have read and fully understand and agree to abide by the above House Rules. I am here voluntarily, and it is my choice to comply with these rules in order to become, and remain, a resident of St. Jeans House. Name (print) Signature: Date: Witness: April 22, 2008 Memo To: John Bosse, Thomas St Pierre From: Tom McGrath RE: 17-21 Salem Street BACKGROUND The building is a 2 story Type 3B building originally built as a social club. The building fills the entire lot of approximately 3,400 sf. The building is un-sprinklered and lacks handicapped access to the second floor. Currently, the building is occupied by a storefront church on the ground floor and the recently built out "sober-house." with 6 bedrooms on the second floor and related office space on the ground floor. The only building permits ever issued for this property are as follows: 11.17.82 to convert to a 11 unit apartment bldg which was withdrawn 1.17.07 to replace storefront 9.25.06 to do interior demolition only 4.24.07 a plumbing permit was issued to install a kitchen sink, disposal and dishwasher, 3 water closets, 3 lavatories and 3 shower stalls. The owner was advised by this office on more than one occasion that his plan to operate a rooming house at this property would require both a zoning variance and a sprinkler system. In January of 2007 the owner of the property, without filing for any permits, completed renovations of the second floor and came to this office to obtain an occupancy permit. After performing an inspection of the completed second floor, this department agreed to allow occupancy as a single apartment unit. Within a week we were informed that the owner was using the property as a rooming house when we were notified by the Police Department. CODE REQUIREMENTS Zoning Code The building is in an R3 zone where a boarding house or sober house is not an allowed use for more than 2 boarders (Secrion 5-2.c.3) Building Code The building, as it is being used, is a mixed use building with A-3 (church) and either I-1 (sober-house) [See 780 CMR 308.2 for definition of use] or R-2 (boarding House[see 780 CMR 310.4 for definition of use] uses. The building does not meet the requirements of 780 CMR for the following non conformancies: 1. A Fire Suppression System is required for an I-1 (sober house) by 780 CMR 904.5 or for R-2 use (Boarding House) by 780CMR 904.7 2. Fire separation assemblies between first floor uses and second floor and between units are insufficient. 3. The renovations were done without permits or code review. 4. Required Building Survey )see 780 CMR 110.9 was not submitted. 5. Documentation meeting the requirements of controlled construction (See 780 CMR 110.12) was never filed. 6. The Building Code requires that all buildings meet the requirements of the Massachusetts Architectural Board. Both a sober house or a boarding house is defined by MAAB as a Transient Lodging Facility. Section 8.4.3 of the MAAB regulations requires that that at least one resident room and all common areas be accessible to the handicapped. None of the common areas and none of the units is accessible. 7. The layout of the common kitchens and bathrooms do not meet requirements of MAAB sections 44 and 45. 01/02/08 12:38 FAX 978 745 1389 TINTI WINN GROVER FRFY. U002 TINTI, Quirml, GPOVER & FREY, P.C. 27 CONORFSS STREET,St7I'P&414 SALBA,MASSACHUSWM 01970 WILLIAM I TINTI WILL XM S.ARDIFF(1963.1995) dnd@dad6w.mm 71aZVM. MAR.CIA MULPORD C(NI WEItAM F.QUINN (S710 7454M • (976)744-2948 Of CatinmL w81:umFllai=*za c rE[TiXMI t JpHN r).K86NAN S'ODT`P M.GROVER (978)7453969 ur p(fu9sE[. gpt(.tpytl(�lNLiLiw.rA1U w dnraaw� MARC P.PREY mpfroy t lauw, 1(ARCY D,FIAUBER mh%uWOfM1&-40M JAMES G.GI(BERT j6&rE§C%*6wzom January 2,2008 BY TELECOPIEIZ (9781740-98x6 Mr.Thomas St.Pierre Director of Inspectional Services City of Salem 120 w'ashington Street Salem,Massachusetts 01970 Re; 17-21 Salem Street Salem,MA Dear Tom: I am Writirtg to confirm that I have advised Michael Viola that it is the position of the City of Salem that the only pennitted use of the second floor of his property at 17-21 Salem Street,Salem,Massachusetts is for a single dwelling unit. I have farther advised Mr.Viola that any other use of the second floor will require additional alrprovals by the City relating to both building code and zoning matters, please let me now if there is anything forthor you will require in order to issue the occupancy permit. Verytruly yours' CTrov I SMG/dlg cc: Michael Viola . eat ELIZABETH M.RENNARD CITY OF SALEM JERALD A.PARISELLA City Solicitor KIMBERLEY L. DRISCOLL, MAYOR Assistant City Solicitor 93 Washington Street One School Street Salem, MA 01970 Beverly, MA 01915 Tel:978.619.5631 LEGAL DEPARTMENT Tel:978.921.1990 Fax:978.744.1279 93 WASHINGTON STREET Fax:978.921.4553 Email: brennard@salem.com SALEM, MASSACHUSETTS 01970 Email:jap@alexanderfemino.com September 5, 2007 Scott M. Grover, Esquire Tinti, Quinn, Grover& Frey PC 27 Congress Street Suite 414 Salem, MA 01970 Dear Mr. Grover: I am writing concerning your August 14, 2007 letter to Thomas St. Pierre and our recent telephone conversation regarding your clients' interest in locating a residential facility at 17-21 Salem Street. You indicated that the property will be used to provide substance abuse counseling and other training for individuals recently released from incarceration. I have been requested to provide an opinion if such use would be allowed at the property as an exempt use under G.L. c. 40A Sec. 3, the Dover Amendment. In order to make this determination, I am requesting that you provide me with additional information such as details on the educational programs being offered; who will provide the services; will staff be on site; qualifications of staff; other programs offered by this organization, and the nonprofit status of the corporation. I appreciate your assistance in this regard and please contact me with any questions or concerns. Very truly yours, Jerald A. Parisella JAP/gsw cc: Beth Rennard Thomas St. Pierre I di . O 4 R f y Fi ma _ n P O d T 0 1-H _ F �z pdm a —� ¢ ®Il/ of O J E Drawn By: James Rissling, RA Sheet No. RZ 64 Allston Street Date Cambridge,MA 01139 9 June,aDoq rine 4 of 4 17 Salem Street. Salem,MA 01970 scale: 1/8"-l'-O" PROPOSED SECOND FLOOR PLAN a 4 . 0 s �— m M M N — n m a b o m n � T - n� € 9 F-- PC, I � Daw�oy:RZ James Rissling, RA Sheet No. 64 Allston Street Date: Cambridge,MA 02139 9 June,2oo9 Title: 4 of 4 17 Salem Street. Salem,MA 01970 Scale: PROPOSED SECOND FLOOR PLAN � -0 O , N ,a II T — 3 O.N. =0 m O O d O � � g g F i = 6 a �o g �S a& o� Drawn By:RZ James Rissling, RA Sheet No. ' 64 Allston Street Date Cambridge,MA 0)139 9 June,2oo9 Title: 3 Of 4 17 Salem Street. Salem,MA 01970 Scale: PROPOSED FIRST FLOOR PLAN P. 1 { X C 45 5- 7 cc zt Con n ,-0 � T O - 1J _ J `a h o O Fp o Drawn By:RZ lames Rissling, RA Sheet No. 64 Allston Street Dace: Cambridge, MA oa139 9 June,2009 T1Y1e, 2 Of 4 17 Salem Street. Salem,MA 01970 Scale: 1/8"=1'-0" EXISTING SECOND FLOOR PLAN r rnm °m x m m ' T II q O T '• O o g v � m a ------------------ 1-2 --- -- Z5 0 H D,awo By. lames Rissling, RA meet No. RZ 64 Allston Street Date: Cambridge, MA oa139 9 June,2oo9 Tale: 1 of 4 17 Salem Street. Salem,MA 01970 5cale: EXISTING FIRST FLOOR PLAN -� � woe d "°y''y Pc//,�7r,�e rSQ�a.�6r�o,G Jlare lr9�Q Deval L.Patrick '^� . e�aaa�c.Euactta. OP�0�161� Thomas G.Gatzunis,P.E. Governor ( Qty �QQQQ Commissioner Timothy P.Murray JILOfLG`/lq� Thomas P.Hopkins Lieutenant Governor - �� pyj �Q66rj Director Kevin M.Burke w .mass.govldps Secretary TO: Local Building Inspector Variance Number:09 095 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: St. Jean's House 17 Salem Street Salem Date: 6/3/2009 Enclosed please find the following material regarding the above location: Application for Variance _Decision of the Board _Notice of Hearing _Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. Docket Number ` Wpp Val-015 ale Deval L.Patrick W ! � � 0,�10�/61� Thomas G.Gatzunis,P.E. Governor 'A' 6�1-1.�7O66/Oy/o1-X00-d��7P.�2 Commissioner Timothy P.Murray �t�l/-/G/-007 Thomas P.Hopkins Lieutenant Governor Director Kevin M.Burke Secretary �a , efl, X0665 v .mass.govldps APPLICATION FOR VARIANCE In accordance with M.G.L., Chapter 22, Section 13A, I hereby apply for modification of or substitution for the rules and regulations of the Architectural Access Board as they apply to the facility described below on the grounds that literal compliance with the Board's regulations is impracticable in my case. PLEASE ENCLOSE. 1)A filing fee of $50.00 (Check/Money Order) made payable to the Commonwealth of Massachusetts, four original copies of the application for variance and all supporting documentation, Le all plans in 11" x 17" format, photographs (all in color if submitted as such), etc. In addition, the complete package (including plans and photographs) must be submitted via one compact disc. 2)If you are a tenant seeking variances, a letter from the owner of the building is required, authorizing you to apply on behalf of he/she. 1. State the name and address of the owner of the building/facility: Micheal Viola 4 Butterfield Road Saugus,MA,01906 2. State the name and address or other identification of the building/facility: St. Jean's House 17 Salem Street Salem, MA 3. Describe the facility: (Number of floors, type of functions, use, etc.) Two story, brick mixed-use building including neighborhood market and two business spaces at first floor. Whole second floor is used by St.Jean's House. 4. Total square footage of the building: 9900SF Per floor: 3300SF a. total square footage of tenant space (if applicable): N/A 5. Check the work performed or to be performed: Rev, 10/08 _-New Construction _Addition X Reconstruction, remodeling, alteration _Change of Use 6. Briefly describe the extent and nature of the work performed or to be performed: (Use additional sheets if necessary). A former social hall on the second floor last used as a dance studio and residence has been converted into a seven bedroom group home to accommodate 14 persons, the house includes 3 '/: baths, shared kitchen, living & dining area, office and storage spaces. 7. State each section of the Architectural Access Board's regulations for which a variance is being requested: 7a. Check appropriate regulations: 1996 Regulations 2002 Regulations X 2006 Regulations SECTION NUMBER LOCATION OR DESCRIPTION _45.4.4 Kitchen: Provide two levels of counter height 45.7 Kitchen: Provide pantry unit in lieu of lowering upper cabinets 28.1 Elevator: Allow vertical platform wheelchair lift 26.6.1 Entrance: Allow ramp up to front door without level area 8. Is the building historically significant? _yes X no. If no, go to number 9. 8a. If yes, check one of the following and indicate date of listing: National Historic Landmark Listed individually on the National Register of Historic Places Located in registered historic district Listed in the State Register of Historic Places Eligible for listing 8b. If you checked any of the above and your variance request is based upon the historical significance of the building, you must provide a letter of determination from the Massachusetts Historical Commission, 220 Morrissey Boulevard, Boston, MA 02125 9. For each variance requested, state in detail the reasons why compliance with the Board's regulations is impracticable. State the necessary cost of the work required to achieve compliance with the regulations. PLEASE NOTE THAT YOU SHOULD SUBMIT WRITTEN COST ESTIMATES AS WELL AS PLANS JUSTIFYING THE COST OF COMPLIANCE. Use additional sheets if necessary. See attached Rev, 10/08 10. Has a building permit been applied for? yes Has a building permit been issued? yes 10a. If a building permit has been issued, what date was it issued? 12/10/07 #650-08 10b. If work has been completed, state the date the building permit was issued for said work: 01/08/08 11. State the estimated cost of construction as stated on the above building permit: $30,000 11 a. If a building permit has not been issued, state the anticipated construction cost: 12. Have any other building permits been issued within the past 36 months? 12a. If yes, state the dates that permits were issued and the estimated cost of construction for each permit: 13. Has a certificate of occupancy been issued for the facility? yes #650-08 If yes, state the date: 01/08/08 14. To the best of your knowledge, has a complaint ever been filed on this building relative to accessibility? X yes no Noted by Building Official 15. State the actual assessed valuation of the BUILDING ONLY, as recorded in the Assessor's Office of the municipality in which the building is located: $291,500 Is the assessment at 100%? If not, what is the town's current assessment ratio? 16. State the phase of design or construction of the facility as of the date of this application: completed 17. State the name and address of the architectural or engineering firm including the name of the individual architect or engineer responsible for preparing drawings of the facility: James Rissling, RA 64 Allston Street,Cambridge MA 02139 TEL: (617)680-4595 18. State the name and address of the building inspector responsible for overseeing this project: Thomas McGrath,AIA 120 Washington Street, Salem MA 01970 TEL: (978)745-9595 Date: 05/29/09 Rev, 10/08 Signature of owner or authorized agent PLEASE PRINT: James Rissling Name 64 Allston Street#3 Address Cambridge MA 02139 City/Town State Zip Code (617) 680-4595 Telephone R�CF P�iBI IG�AF ETA' @.LE DEPARTMENT MAY 2 9 2009 � 4 '' Ess S�AaR T RAL ACC Rev, 10/08 1y Architectural Access Board Application for Variance: 17 Salem Street, Salem MA May 29, 2009 Item 9. Variances Requested: Section 45.4.4 Countertop height shall be 34" above the floor. We propose providing a combined work surface for the cooktop and sink with full knee space in compliance with Section 32.2. See Sheet 2.1. This will provide residents in wheelchairs access to appliances and adjacent work areas; while the guests are exclusively male the remaining counters will remain at a height of 36". This will minimize the amount of cabinets and countertops, which are relatively new,to be replaced and many of the existing cabinets and countertops to be reused. Section 45.7 Requires wall cabinets to be mounted so that the bottom surface is no higher than 48" from the floor. We propose providing a 30" wide pantry unit in compliance with Section 32.4. See Sheet 2.1. Such a unit will provide access to residents in wheelchairs for the storage of pantry items and cooking equipment, while maintaining access to existing wall cabinets by other guests. Section 28.1 In multi-story buildings each story shall be accessed by a passenger elevator. We propose a Straight-Through-Access vertical platform wheelchair lift to provide access in compliance with Section 28.12.Id. See Sheet 1.1. Because the area of the second floor exceeds the maximum area of 3000 SF by 300 SF we seek a variance to provide a vertical chair lift in lieu of a passenger elevator. We also seek a variance to Section 28.12.2b requiring the deck of the lift to be 36"x 54", to accept a deck that is 34" x 54"to increase the number of affordable options. The lift will be boarded at the first floor lobby adjacent to the existing stairway; will require the elimination of a single sleeping area and structuring a hole in the second floor. Residents in wheelchairs will arrive at a short corridor outside the house office; this control point being an important function of the house. The equipment, construction and loss of a bed that would otherwise generate revenue for the house represent the greatest cost of making the house compliant. Section 26.6.1 Floor or ground within a maneuvering area shall be level. The existing sidewalk slopes precipitously across the face of the building and at he building line. Entrances have been recessed of the sidewalk; with a landing resulting in a step onto the sidewalk that decreases from 7"to 3". We propose removing the existing landing with a ramped landing that meets a modified slope at the sidewalk and equipping the door with an automatic opening device (26.6). Providing the ramp will require verification of spot elevations and coordination with the City to adjust the public walkway. Because of restrictions put on the number of residents able to reside in the house, which have been only recently removed, the house has not been at full occupancy and thus has not generated the expected income. As new residents are brought in and the population of the house stabilizes it is anticipated that sufficient income will be generated, over time, to pay for the proposed renovations. Therefore we request 6 months to commencement of work to meet compliance of AAB Regulations and the variances. This will allow the 1 of 2 Architectural Access Board Application for Variance: 17 Salem Street, Salem MA May 29, 2009 building owner time to obtain necessary funds to begin the work. Upon commencement, we estimate 12 months to complete work, allowing the building owner time to secure funds as work is underway and taking in account long lead items such as the chair lift. If a lead time is identified at the time work begins that will cause the work to exceed the construction period AAB will be notified in writing upon confirmed order. 2 of 2 I OT* 131D Deval L.Patrick � � + OP10�161� Thomas G.Gatzunis,P.E. Governor 617,T1�066D//-dOD-d��-1P�� Commissioner Timothy P.Murry Thomas P.Hopkins Lieutenant Governor �611,�1>-OD1.9 Executive Director Kevin M.Burke �� www.mass.gov/tlps secretary Jerald A. Parisella, Esq. February 23, 2009 Alexander& Femino One School Street Beverly, MA 01915 Re: Sober House, 17-21 Salem Street, Salem, MA and the applicability of 521 CMR, Section 3, Jurisdiction, more specifically Section 3.3.2 and Section 8 Transient Lodging Facilities Dear Attorney Parisella, I am writing to you today on behalf of the Architectural Access Board ("the Board") due to the various communications (written and verbal) that have occurred with you and the Building Inspectors for the City of Salem regarding the above referenced property. I have reviewed the Memo, dated February 4, 2009 prepared by Inspector Tom McGrath and sent to you and Thomas ST. Pierre. Mr. McGraths analysis and conclusions regarding the applicability of 521 CMR and the jurisdiction for the project is correct. The building assessed value in 2007 is reported to be $253,700. Due to the fact that the owner did work without the required permits, the Building Official has the right to use an estimating program (R.S Means or others) that establishes a square footage cost of construction. This is a common practice for many volunteer projects that occur in the Commonwealth, when determining the value of in-kind labor and materials to establish the jurisdiction for 521 CMR as well as the applicability of 780 CMR, the State Building Code. Given Mr. McGraths conservative estimating cost for the second floor renovations of$60/sf x 3,400 sf floor area= $204,000, Mr. McGraths further analysis that the spending of$204,000 represents 88% of the building costs is correct. 521 CMR Section 3.3.2 is triggered by the spending of$204,000 because it exceeds 30% of the assessed value reported to be $253,700. (30% of$253,700 is $76,110) 521 CMR Section 8, Transient Lodging Facilities is triggered by the Jurisdiction of Section 3.3.2. Section 8.1 states specifically: GENERAL Transient lodging facilities shall comply with 521 CMR, except as specified or modified in 521 CMR 8.00. `a Transient lodging shall include but not be limited to hotels, motels, bed and breakfasts, inns, boarding houses, dormitories and resorts. Transient lodging facilities shall also include homeless shelters, halfway houses, lodging houses and transitional housing, and other places that provide temporary accommodations. Transient lodging includes facilities, or portions thereof, used for sleeping accommodations. Sleeping accommodations in a medical care facility are covered by 621 CMR 13.00: MEDICAL CARE FACILITIES. One must look to all of Section 8 for kitchen, bath, and common area requirements as well as other requirements designed to make the building usable by persons with disabilities. Given the fact that the sober house operates on the second floor of the building and the 30% rule has been triggered, some form of vertical access must be provided so that persons with disabilities can get to the services offered by the sober house on the second floor. Your inquiry regarding the Zoning laws of the Commonwealth 40A sec 3, does not give them any protection from the requirements of 521 CMR, a building code that insures the participation of persons with disabilities, the zoning law was created to protect group homes, halfway houses and the like from neighborhood groups relying on zoning boards issuing discriminatory rulings that effectively would keep those groups out. "Not in my back yard" In closing I would like to say that I am a recovering alcoholic and a wheelchair user, and have enjoyed 26 years of sobriety. In the early years of sobering up it was hard to find accessible meeting locations and or places for treatment. The argument of the building owner that he is being discriminated against due to the efforts of the building department to insure that persons with disabilities, who might also be alcoholics, will have an accessible and usable facility is terribly misguided. While individuals who are diagnosed with alcoholism are protected under the Americans with Disabilities Act (ADA)trying to make an argument,that persons with disabilities who are alcoholic, are not entitled to the protections offered in the building code due to the owner's failure to comply with the code, in my opinion results in discrimination. If you have any questions,please contact our office. Sincerely, Thomas P. Hopkins Executive Director Cc: Local Building Inspector Thomas St. Pierre and Thomas McGrath Local Independent Living Center Local Commission on Disability 521 CMR: ARCHITECTURAL ACCESS BOARD 521 CMR 3.00: JURISDICTION 3.1 SCOPE All work performed on public buildings or facilities(see 521 CMR 5.00: DEFINITIONS),including construction, reconstruction, alterations, remodeling, additions,and changes of use shall conform to 521 CMR. 3.1.1 To determine the scope of compliance,refer to 521 CMR 3.2,New Construction and 521 CMR 3.3, Existing Buildings. In the absence ofjurisdiction by 521 CMR,780 CMR: the State Building Code may apply. 3.2 NEW CONSTRUCTION All new construction of public buildings/facilities shall comply fully with 521 CMR. 3.3 EXISTING BUILDINGS All additions to,reconstruction, remodeling,and alterations or repairs of existing public buildings or facilities,which require a building permit or which are so defined by a state or local inspector,shall be governed by all applicable subsections in 521 CMR 3.00: JURISDICTION. For specific applicability of 521 CMR to existing multiple dwellings undergoing renovations, see 521 CMR 9.2.1. 3.3.1 If the work being performed amounts to less than 30% of the full and bir cash value of the building and a. if the work costs less than$100,000,then only the work being performed is required to comply with 521 CMR or b. if the work costs $100,000 or more, then the work being performed is required to comply with 521 CMR. In addition, an accessible public entrance and an accessible toilet room,telephone, drinking fountain (if toilets, telephones and drinking fountains are provided) shall also be provided in compliance with 521 CMR. Exception: General maintenance and on-going upkeep of existing,underground transit facilities will not trigger the requirement for an accessible entrance and toilet unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet. Exception: Whether performed alone or in combination with each other,the following types of alterations are not subject to 521 CMR 3.3.1, unless the cost of the work exceeds $500,000 or unless work is being performed on the entrance or toilet. (When performing exempted work, a memo stating the exempted work and its costs must be filed with the permit application or a separate building permit must be obtained.) a. Curb Cuts: The construction of curb cuts shall comply with 521 CMR 21.00: CURB CUTS. 1/27/06 521 CMR- 9 521 CMR: ARCHITECTURAL ACCESS BOARD 3.00: JURISDICTION 3.11 SECURITY STRUCTURES Accessibility is not required to observation galleries used primarily for security purposes. 3.12 NON-OCCUPIABLE SPACES Spaces accessed only by ladders, catwalks, crawl spaces, or freight (non-passenger) elevators, and frequented only by service personnel for repair purposes, are exempt. Such spaces may include, but are not limited to, elevator pits, elevator penthouses, piping or equipment catwalks. 1/27/06 521 CMR- 12 521 CMR: ARCHITECTURAL ACCESS BOARD 3.00: JURISDICTION b. Alteration work which is limited solely to electrical mechanical,or plumbing systems;to abatement of hazardous materials; or retrofit of automatic sprinklers and does not involve the alteration of any elements or spaces required to be accessible under 521 CMR. Where electrical outlets and controls are altered, they must comply with 521 CMR. C. Roof repair or replacement, window repair or replacement, repointing and masonry repair work. d. Work relating to septic system repairs, (including Title V, 310 CMR 15.00, improvements) site utilities and landscaping. 3.3.2 If the work performed,including the exempted work,amounts to 30%or more ofthe fill ACMR. value (see 521 CMR 5.00) of the building the entire building is required to comply wita. Where the cost of constructing an addition to a building amounts to 30%or more ofair cash value of the existing building,both the addition and the existing building accessible. r ' 3.3.3 Alterations by a tenant do not trigger the requirements of 521 CMR 3.3.1b and 3.3.2 for other tenants. However, alterations, reconstruction, remodeling, repairs, construction, and changes in use falling within 521 CMR 3.3.1b and 3.3.2,will trigger compliance with 521 CMR in areas ofpublic use,for the owner of the building. 3.3.4 No alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements for new construction. 3.3.5 If alterations of single elements,when considered together,amount to an alteration of a room or space in a building or facility, that space shall be made accessible. 3.3.6 No alteration of an existing element,space,or area of a building or facility shall impose a requirement for greater accessibility than that which would be required for new construction. 3.4 CHANGE IN USE When the use of a building changes from a private use to one that is open to and used by the public,an accessible entrance must be provided, even if no work is being performed. When a portion of a building changes use from a private use to one that is open to and used by the public, then an accessible route must be provided from an accessible entrance even if no work is being performed. 3.4.1 RESERVED FOR FUTURE ACTION: Changes in use,from private to public, in private residential homes where no work is being performed. 3.5 WORK PERFORMED OVER TIME When the work performed on a building is divided into separate phases or projects or is under separate building permits, the total cost of such work in any 36 month period shall be added together in applying 521 CMR 3.3, Existing Buildings. 1/27/06 521 CMR- 10 521 CMR: ARCHITECTURAL ACCESS BOARD 3.00: JURISDICTION 3.6 MULTIPLE USES When a building is occupied by two or more uses,the Regulations which apply to each use shall apply to such parts of the building within that use. 3.6.1 521 CMR 3.3, Existing Buildings shall apply based upon each use and not on the entire building. Example: If a three story building valued at $300,000 has one floor of retail use and two floors of residential use, the full and fair cash value of the retail portion shall be 1/3 of the total value which would be $100,000. 3.7 PARTIAL APPLICATION When only a portion of a building is subject to 521 CMR,the full and fair cash value shall be prorated by the ratio of the square footage of that portion to the square footage of the whole building. Example: Where the whole building is 100,000 square feet,the full and fair cash value is$1,000,000, and the part subject to 521 CMR is 10,000 square feet (one-tenth of the total), then the full and fair cash value of the part subject to 521 CMR would be one-tenth of$1,000,000 or$100,000. 3.7.1 If the Board determines that such prorating would cause an inequitable result, the Board may otherwise calculate the full and fair cash value of the portion of the building. 3.8 OUTDOOR FACILITIES For facilities where the primary function areas are outdoors, including but not limited to beaches, parks,picnic areas,playgrounds,and campsites,the full and fair cash value shall include the value of the land as well as any buildings or facilities on the land. 3.9 HISTORIC BUILDINGS An historic building or facility that is listed or is eligible for listing in the National or State Register of Historic Places or is designated as historic under appropriate state or local laws may be granted a variance by the Board to allow alternate accessibility. If a variance is requested on the basis of historical significance,then consultation with the Massachusetts Historical Commission is required in order to determine whether a building or facility is eligible for listing or listed in the National or State Register of Historic Places. The Massachusetts Historical Commission may request a copy of the proposed variance request and supporting documentation to substantiate the variance request and its effect on historic resources. A written statement from the Massachusetts Historical Commission is required with the application for variance. 3.10 TEMPORARY STRUCTURES Temporary buildings or facilities, including but not limited to reviewing stands,temporary classrooms, bleacher areas, exhibit areas, temporary banking facilities, temporary health screening services, or temporary pedestrian passageways around a construction site, shall comply with 521 CMR. Structures,sites and equipment directly associated with the actual processes of construction, such as scaffolding, bridging, materials hoists, or construction trailers, need not apply. 1/27/06 521 CMR- 11 She Commonwealth of Massachusetts Department of fu6CZc Safety Board of BuiOny 1tgufations andStandards OneAsFi6urton Aace, Wgom 1301 Thomas G.Gatzunis,P.E. De Governotrick Boston, Massachusetts 02108-1618 Commissioner Timothy P.Murray (Phone (617 72 7-753 2 (Fax(617)227-1754 Alexander Macleod,RA Chairman Lieutenant Governor Kevin M.Burke 77'Y(617) 727-0019 Gary Moccia,P.E. Vim Chairman Secretary I U.m=s•gov/dps Robert Anderson Administrator Date: May 20,2009(R'evised) Name of Appellant: Bruce MacDonald,Esq. Service Address: 49 Massachusetts Avenue,Ste. 8 Cambridge, MA. 02139 In reference to: (19-23-Salem Street- Salem, MA. 01970 Docket Number: 09-706 Property Address: 19-23 Salem Street Salem,MA. 01970 Date of Hearing: 02-2-4-09 Enclosed please find a copy of the decision on the.matter aforementioned. Sincerely: BUJLPING CODE APPEALS BOARD "(; t Patricia Barry,Clerkt cc: Building Code Appeals Board Building Official 1 ^4 4COMMONWEALTH OF MASSACHUSETTS State Building Code (780 CMR) Appeals Board Board's Ruling on Appeal' Docket No. 09-706 Appellant(s): Bruce T. Macdonald, Esq. vz. Appellee(s):City of Salem representing Michael Viola Thomas McGrath Procedural History This matter came before the State Building Code Appeals Board (`Board") on the Appellant's appeal filed pursuant to 780 CMR 122.1. In accordance with 780 CMR 122.3, the Appellant requested that the Board grant him a variance from 6t"Edition 780 CMR 3400.3.1 and 904.2 for 19- 23 Salem Street, Salem, MA. In accordance with GL c. 30A, §§10 & 11; GL c. 143, §100; 801 CMR 1.02 et. seq.; and 780 CMR 122.3.4, the Board convened a public hearing on February 24, 2009 where all interested parties were provided with an opportunity to testify and present evidence to the Board. The Appellant appeared and testified for the hearing. Thomas McGrath and others appeared for the hearing as noted on the sign in sheet which is on file at the Department of Public Safety. Discussion A motion was made to grant the Appellant's request for a variance from 6n' Edition 780 CMR, 34003.1 and 904.2, contingent upon the tenant or owner submitting a set a drawings for the proposed beauty salon and that the Salem Building Department will review the plans, and when approved, issue of a building permit for this work. There was a second on the motion and a board vote was taken, which was unanimous. Conclusion The Appellant's request for a variance from 6th Edition 780 CMR 34003.1 and 904.2 is hereby granted with the condition noted in the discussion above and so orderedz on this date: February 24, 2009. Brian Gale William Middlemiss Alexander MacLeod This is a concise version of the Board's decision.You may request a full written decision within 30 days of the date of this decision.Requests must be in writing and addressed to:Department of Public Safety, State Building Code Appeals Board,Program Coordinator,One Ashburton Place,Room 1301,Boston,MA 02108 21n accordance with M.G.L.c. 30A, §14,any person aggrieved by this decision may appeal to the Superior Court within 30 days after the date of this decision. b2/23/2009 11:51 9786673863 PAGE 02/05 February 23, 2009 James Rissling,RA 64 Allston Street rr// Cambridge, MA 02139 Telepbone: 617 680-4595 Mr. Michael Viola 4 Butterfield Road Saugus,MA 01906 Mr. Viola, 17-23 Salem Street, Salem MA: I am an Architect with over 15 years experience in Architecture and Construction, and am currently and have been a registered Architect in Massachusetts for seven years. This is a review of the recently renovated property at 17-23 Salem Street, Salem MA for compliance to the Massachusetts building code. The property is a 9,990sf, inclusive of a 3300s£basement, two story brick mixed use structure containing three leased store-fronts at street level, storage and mechanical at the basement level and a dwelling on the second floor. A code review has been requested to assist in the matter of a dispute over the Permit for renovation of a portion of the first floor and to address issues raised in the December 31, R 2008, letter of Assistant Building Inspector Thomas McGrath. I have reviewed the 140 Mo uments for the renovation prepared by a licensed architect and submitted to the Salem �1 Building Department. A construction-permit was issuedpfinal inspections-had been performed and a CertificateeoofOccupancy{was issued. rt(pyg pp papye FW+ TN/6 G,iSF-- Assume that the Sixth Edition of Massachusetts Building Code 780 CMR was used at the time of construction. This review is based on examination of the Permit(Construction Documents) filed with the Salem Building Department and a visit to the property on January 30,2009. The structure contains the following identified uses: • Mercantile, a neighborhood convenience store at street level, as defined in 780 CMR 309. • %Business two mots at street level for the transaction of business but do not— �� U5 contain any stock, as defined in 780 CMR 304. • Residential, a dwelling on the second floor occupied as a;single iuuth ving two means of egress not common to any other units and separated by appro riate fire assemblies, 780 CMR 310.5. 11 � I of 4 ' 02/23/2009 11:51 9786673863 PAGE 03/05 Use Area First Floor Unit 1 Mercaatile(M) 604 NSF Lobby&Storage 2° Floor 228.5 NSF Unit 2 Business (B) 763.5 NSF Unit 3 Business B 992.5 NSF Enclosed Stair(2" Floor) 182 NSF Second Floor 'Residential -3—� 3054 GSF I-t The Mercantile space is approximately 604sf of interior area. It is accessed from an existing door from the street. This access does include a single existing step-up from the sidewalk a result of the overall slope of the sidewalk; sloping down from the mid block to the corner of the block. The two Business spaces 763.5sf and 992.5sf of interior area (business use total area 1756sf) are each accessed from the street by a single step-up at existing doors. Each space has only one means of egress which is allowable under 780 CMR 1010.3. The maximum capacity of each of these spaces must be 50 persons (303.3). Also on the first floor, a lobby to the stairs of the dwelling, accessed by an existing door location with a single step-up and a storage space of approximately 228sf for use by the dwelling. The 3054gsf dwelling occupies the entire second floor is accessed primarily by an existing stair from the lobby described above. A second exit is approximately 106 feet,or as remote as possible being at the other end of the dwelling, discharges to the street by means of an existing enclosed stair. It is noted the existing stair is nonconforming in minimum height, but this has been identifed'and accepted by tike buil"diiTo_fficial.as as eLx�ing noncnonconforming_condition./� I.-, The dwelling layout includes an open living/din4ig area and residential kitchen, three and one-half baths, seveA�bedrooms,�'an office and storage rooms. The rooms throughout comply with the minimum dimensions for ceiling height, floor area and width (1204). Each bedroom has at least one large operable window providing adequate daylight and natural ventilation, possible secondary egress and a sill below 42"from the floor. General Building Limitations Because there has been no addition to the existing structure section General Building Limitations 780 CMR 501.0 is not applicable. 0 300, ,1 This building qualifies under article 780 R'34 CM00 0; General Building Limitations � (3400.3 Applicability). It is understood that-most uses within this mixed use building. / V have not changed; the second floor was formerly a residence=asd_txer`cise studio ;Rd the lower floor used for business, therefore considered a part-change not resulting-111 a change in the hazard-index. At most a part-change in use for the area formerly the 2of4 1 02/23/2009 11:51 9786673863 PAGE 04/05 exercise studio to a residential use under 3400.3, item 8: Residential Use Groups- requires any change from any other use group to a residential use or a change within residential use groups to comply with the requirements for new construction. The work completed within the dwelling is consistent with the new construction requirements and shall be separated from the remainder of the building with fire separation assemblies complying with 780 CMR 313. With an upgrade of one-hour fire assembly beneath the primary staircase to the second floor this building will be in compliance. Being aware of no violations cited prior to the issuance of the building permit or during the construction, nor a program reviewed by the building inspector to abate any violations in conjunction with the scope of work proposed in the permit, it can be taken that the building was legally occupied prior to construction as required by(3400.1.32.._ Fire Protection Systems 4 14Q per,r'��^G"o An automatic fire suppression system is no required and 80 CMT'904.2 because the" building in total does not exceed42,000sf.-However ttion of the sprinkler system allows the separation to be one-hour as outlined it ection 780 CMR 313. M.G.L. 148 26A is not applicable as this is not a high-rise lding and 26G is not applicable since this is not entirely a nozz re`sidenfial_buildih ,it is my understanding that the building owner is prepared to meet the terms of the decision of the Sprinkler Appeals board of September 23,2008. 780 CMR 313.1.2 Mixed Use Groups: requires Separated Use Groups within the building be individually classified and be separated by fire assemblies and floor/ceiling assemblies Aa� in accordanceth Table 313: 27 The required resistance of the fire assemblies may bei reduced by one-hour to-not less than one-hour where the building is equipped with an automatic sprinkler system. Without an automatic sprinkler system the required separation for current uses identified is two-hours. With the installation of the automatic sprinkler system the requirement may be reduced to one-hour and,it is recommended,with the addition of a one-hour it separation beneath the primary staircase to the second floor; the current structure will be in compliance with requirements of 313.1.2. It is noted that this would be consistent with 90 the Sprinkler Appeals decision. a The existing structure currently affords a one-hour separation between the mercantile and-J' business uses on the first floor and the dwelling unit on the second floor as required in 313.3. The existing structure is of Type 3 construction;being constructed of noncombustible and combustible materials,not significantly utilizing heavy timber_ With the installation of the proposed automatic sprinkler throughout the dwelling unit it may be further classified as Type 3A and 3B. 3 of 4 02/23/2009 11: 51 9786673063 PAGE 05/05 Jurisdiction of 521 CMR: Accessibility S1 00 ' 521 CMR 3.6 outlines the application of Jurisdiction of 521 CMR 3:3'for Multiple Uses in a building occupied by two or more uses,the Regulations which apply to each use shall apply to such parts of the building within that use. And further 3.7 prorate the full and fair cash value of the building by the ratio of the-square footage of that portion to the square footage of the whole building. There€ore- ae ch-use and its apportioned value shall be reviewed separately for compliance with�52#-CMR. Conclusion The building at 17-23 Salem Street, Salem MA is a nixed use building including a residence,use R-3,mercantile and business uses. The building qualifies under article 3400 in its review and the renovation work has been completed in compliance with 780 CMR. It is recommended that the separation between the uses on the first and second floor be increased from one-bour to two-hours,or that an automatic fire suppression system throughout the second floor residential unit and detection throughout the building be installed in keeping with the decision by the Sprinkler Review Board, The Jurisdiction of 521.CMR'sball be_aapplied proportionally to=each use. A pz vata-fesidence isnotrequired-to-coiripl-y=withT521_CMR and since no public Facilities are offered-in-the me-rcantile_and-busines's-spat only the portions of the new work need to comply, being less than $100,000 in cost. Although not required by (3.7)and,that no ramps exist in the sidewalk surrounding the building,it might be suggested the access to the mercantile space be modified as an accessible entrance;if this does not present a hardship to the building owner. Ntt i� Kw� �tG�'kln� pvr�kc. Sincerely, G' 1 James Rissling,RA MA-Lic20039 4 of 4 CITY OF SALEM a PUBLIC W %E C + � PROPERTY KIMBERI.EY DRISCOLL DEPARTMENT MAYOR 120 WASHINGTON SI'REFT 1 SALEM, MASSACHUSF'n'S 01970 TFL:978-745-9595 ♦ FAX:978-740- 9846 February 4, 2009 Memo To: Jerry Parisella,Thomas St.Pierre From: Tom McGrath RE:17-21 Salem Street The following is a summary of the applicable Building Codes that are applicable to Mr. Viola's renovation of his building on Salem Street. The building in question is a type 3B (unprotected masonry walls and wood frame floors and roof)of approximately 10,200 sf aggregate floor area and 102,000 cu It volume. In December 2007 the uses included a storefront church(Use Group A3) and Retail Store (Use Group M) on ground floor and vacant function hall(Use Group A3)on the second floor. The Building Value assessed by the City of Salem in 2007 was$253,700. Viola renovated the second floor of the building into a 6 Bedroom group-residential unit for use as a"Sober House". A permit was granted(650-08) on December 10,2007 to"rehab second floor" for an estimated construction cost of$30,000.No plans were filed. Permit, with plans and Construction Control affidavits, should have been filed for a change in use from existing mixed use to a mixed use I-1/M/A3 building. Code Reference Salem Zoning Code The building is in an R2 zone where a boarding house or Section 5.2 sober house is not an allowed use Building Code Plans and Specifications(Construction Documents) 780 CMR are required with permit application for work.of this scope Section 100.7 x, CITY OF SALEM t�< PUBLIC 'U 4 PROPERTY KIMBPRI.E.v DRISCOLL DEPARTMENT MAYOR 120 WASHINGTON STREET♦ SAI EbI, MASSACHUS Es 01970 TEL:978-745-9595♦ FAX:978-740- 9846 Building Code Plans and Specifications(Controlled Construction) 780 CMR 116.1 prepared by a registered architect shall be filed with permit and architect has further duties during construction as outlined in section 116.1 This requirement applies to buildings over 35,000 cu ft in volume. Building Code The 6 bedroom facility that his been created meets the 780 CMR 308.2 definition of Use Group I-1. Building Code 780 CMR as modified by MGL 148 26D requires that 780 CMR 904.2 substantially renovated buildings over 7,500 sf aggregate MGL chl48 26G floor area require an automatic fire suppression (sprinkler system)when containing A3 or M uses. Building Code An automatic fire suppression (sprinkler system) 780CMR 904.5 is required for all I-1,I-2 and I-3 uses Regulations of Mass. MAAB requires that buildings undergoing renovations Architectural Access costing 30% or more than the buildings assessed value Board 521 CMR must be fully compliant with MAAB regulations.Full compliance would require all entries to be accessible and vertical access(elevator)provided to the second floor. The Building's assessed value in 2007 was 253,700. Conservatively estimating the cost of the second floor renovations at$60/sf x 3,400 sf floor area=$204,00 shows that renovation cost was 88%of building cost. Please note that even if the use of the second floor is considered to be a single dwelling unit and not an I-1 use,Sprinkler systems and handicapped accessibility are still required. Sincerely, Thomas McGrath, AIA Assistant Building Inspector cc: file April 22, 2008 Memo To: John Bosse, Thomas St Pierre From: Tom McGrath RE: 17-21 Salem Street BACKGROUND The building is a 2 story Type 3B building originally built as a social club. The building fills the entire lot of approximately 3,400 sf. The building is un-sprinklered and lacks handicapped access to the second floor. Currently, the building is occupied by a storefront church on the ground floor and the recently built out "sober-house." with 6 bedrooms on the second floor and related office space on the ground floor. The only building permits ever issued for this property are as follows: 11.17.82 to convert to a 11 unit apartment bldg which was withdrawn 1.17.07 to replace storefront 9.25.06 to do interior demolition only 4.24.07 a plumbing permit was issued to install a kitchen sink, disposal and dishwasher, 3 water closets, 3 lavatories and 3 shower stalls. The owner was advised by this office on more than one occasion that his plan to operate a rooming house at this property would require both a zoning variance and a sprinkler system. In January of 2007 the owner of the property, without filing for any permits, completed renovations of the second floor and came to this office to obtain an occupancy permit. After performing an inspection of the completed second floor, this department agreed to allow occupancy as a single apartment unit. Within a week we were informed that the owner was using the property as a rooming house when we were notified by the Police Department. CODE REQUIREMENTS Zoning Code The building is in an R3 zone where a boarding house or sober house is not an allowed use for more than 2 boarders (Secrion 5-2.c.3) Building Code The building, as it is being used, is a mixed use building with A-3 (church) and either I-1 (sober-house) [See 780 CMR 308.2 for definition of use] or R-2 (boarding House[see 780 CMR 310.4 for definition of use] uses. The building does not meet the requirements of 780 CMR for the following non conformancies: 1. A Fire Suppression System is required for an I-1 (sober house) by 780 CMR 904.5 or for R-2 use (Boarding House) by 780CMR 904.7 2. Fire separation assemblies between first floor uses and second floor and between units are insufficient. 3. The renovations were done without permits or code review. 4. Required Building Survey )see 780 CMR 110.9 was not submitted. 5. Documentation meeting the requirements of controlled construction (See 780 CMR 110.12) was never filed. 6. The Building Code requires that all buildings meet the requirements of the Massachusetts Architectural Board. Both a sober house or a boarding house is defined by MAAB as a Transient Lodging Facility. Section 8.4.3 of the MAAB regulations requires that that at least one resident room and all common areas be accessible to the handicapped. None of the common areas and none of the units is accessible. 7. The layout of the common kitchens and bathrooms do not meet requirements of MAAB sections 44 and 45. Cn C rn \ X N � co u D \ I m \ M i m \\ O y!X N' o � z in z CD O O U) M \ O0 X N —• \ O — In r+ ——— ————————————— ————————— _ ,w JA �" 0 0 VW J ` O CD C O -, o. 3 < CD Z fD � (D O Mns d r X X (n' N• cc M 7- Drawn 6y: Sheet No. Rz - James Rissling, RA 64 Allston Street Date: Cambridge, MA 02139 zq May, 2009 Title: . 17 Salem Street. Salem, MA 01970 Scale: AS NOTED. WHEELCHAIR ELEVATOR LIFT o N z Y N UI L DN OFFICE jDN / I WHEELCHAIR ELEVATOR LIFT j j 4,_0� z'-io" I o• COMBINE BEDROOM #6 I N O AND #7 INTO ONE I _�� STN ¢ 0 BEDROOM #6 LIFT / EX_L5_T_LNG_ I / r, `o PLATFORM A_I.R_#S I No PLATFORM j LA O I— j N O LL NQ � Q E �E � ° NEW 2x4 PARTION j z' 1�" o v .Q WALL FRAMING LIFT UP -76 Lu OPENING I L96�iY N w WHEELCHAIR -CL-0 �5_T_ING_ v ELEVATOR LIFT i S_T_AIR_#_I. N = vW L _ a � � v Q Y c F N EXISTING PUBLIC SIDE-WALK SLOPING DOWN a O 0 6 W Lift at Upper Level Lift at Lower Level O Scale: 1 /4"=1 '-0" Scale: 1 /4"=1 '-0" N a Q T d G 3 ai v � Y � A 0 0 MOVE EXISTING UPPER AND LOWER CABINETS IN 3 i 3 PLACE OF STOVE, AND 6 ADD PANTRY CABINET W/ -III z WALL OVEN N il � � EXISTING UPPER AND L i LOWER CABINETS TO ^ c r REMAIN 60"s J %i / o - REPLACE EXISTING CABINETS W/ 1 PW-D._RM_. ii/ COUNTER TOP W/ SINK AND I ;=7 COOK TOP AT 34" HEIGHT. Kitchen Elevation Scale: 1 /4"=11-011 KITCHEN. I 30x72 � � �� REPLACE EXISTING oM 0 CABINETS W/ COUNTER Q a ADD PANTRY MOVE EXISTING UPPER AND < v N Az TOP W/ SINK AND v O i ADD CABINET / LOWER CABINETS IN PLACE � � W/ WALL OVEN OF STOVE, AND ADD CABINET COOK TOP AT 34" � Q 0 W/ WALL OVEN HEIGHT. 0 :Ea Accessible Kitchen _� 0 Scale: 1 /4"=1 '-0" 10OEDN ° vQ-o :Er o E E Z 20'-5" 'O $ 6" v v w 2 Kitchen Elevation �6 T- Scale: 1 /4" 1 '-0" v Y 4Lu- IL v w it w'Y . j1 KLT_Cd_EN_ 01/ S o . r N W 0 Z Ln 01 N Q a n Existing Kitchen Image of Kitchen 3 v Scale: 1 /4"=V-0"'-0" NTS. 0 0 2'-6" 3'-0" 3'-61. rt m M � ':i` � 0 � — a -, cQ _ II co CA L7 II- ' w 61 O r+ D --- D D ._. — o Xv_ i� 1- rt m p O O ¢ O 0 D O �/ H 7 _ N n w IF-- 01 o l 34o FE4�i� 1 o v � m N n ---- �•T:lt�,4� cn v #"+ cn m — cu N . 0 n� o. Y-10" G L:� y n � 4 d ay �, . _ m -19° m � z. �A O �.. 55- ivfi'kT'.rc "t II j1 6'-0" Drawn By:RZ James Rissling, RA Sheet No. 64 Allston Street Dete: Cambridge, MA 02139 29 May, 2009 ' Title: 3.1 17 Salem Street. Salem, MA 01970 Scale: AS NOTED. ACCESSIBLE BATHROOM � D - A\ — v � I� m lD (n (D 0 Ti 0 01 Ix I b / o 1 36x80 ;;7-4 \\\ \\\\\\\\\\\\\\\\\\\ — — (o 0 V) aim cn x t1 (p s. f x € (n ` O r* v�- M ..x x ' Do U .'. r+ Q 0 0 W 3 Q r.' arx Drawn By: Sheet James RISSIIng, RA Sheet No. 64 Allston Street Date: Cambridge, MA 02139 2-9 May, Zoog Title: 4. 17 Salem Street. Salem, MA 01970 Scale: AS NOTED. ACCESSIBLE BEDROOM 0.4' S E w 46.18' 1.2' a 9 s P C C O LOT AREA = 3438 t S.F. w w wLo 3 z D O ^ N O cc O G O O W Z COMMERCIAL BUILDING N Q #17-23 P a E E 0 P - P c c 0 3 O � 45.32' D.1• S 89'56'15" W oa' BUILDING CORNER ON UNE DOW STREET PLOT PLAN OF LAND 17-23 SALEM STREET PoN OF Mq3 SALEM syry PROPERTY OF GAIL L. s NIAZ AHMAD I CERTIFY THAT THE BUILDINGS 0 SMITH y HEREON ARE LOCATED ON NO,36U3 SCALE 1" = 10' FEBRUARY 7, 2017 THE GROUND AS SHOWN. �Fc yTEaE° NORTH SHORE_ AND NORTH SURVEY CORPORATION )- I1 Il w { 14 BROWN STREET — SALEM, MA DATE PROFESSIONAL LAND SURVEYOR 978-744-4800 #4426 Residential Lease ............................................................................. BY THIS AGREEMENT made and en d into on��1?lember I S} 2098 , between l�,chneLGrieco Webslcr Sm;r %. c �}P� r mow. �e herein referred to as Lessor,and 1-f chart Arstherein referred to as Lessee. Lessor leases to Lessee the premises situated at a 1 -SLtlem .C4reci 3cikern M A in the City of Saler,-, County of i'ssex State ofMa,,i6 ch"SctIS and more particularly described as follows: together with all appurtenances,for a term of One. year(s),to commence on CIt9}emOer s+ 20_Qg_ _,and to end on�uaU6Q�_��i E} 20,Qat Ia:L�o grin 1. Rent. Lessee agrees to pay,without demand,to Lessor as rent for the demised premises the sum of 'rwontu-hw10 it b A Dollars($ abloo.00)per month in advance on the_VS'_day of each calendar m onth beginning % 20�.J at City em State of MaS�4.�c� S or at such other place as Lessor may designate. 2. Form of Payment. Lessee agrees to pay rent each month in the form of one personal check, OR one cashier's check, OR one money order made out to(M%ty-\OLC. \)iqa, 3. Late PFmems. For any rent payment not paid by the date due, Lessee shall pay a late fee in the amount of F',�Vt lolkacS Dollars($ 50.00 ) 4. Returned Checks. If,for any reason,a check used by Lessee to pay Lessor is returned without having been paid, Lessee will pay a charge of - Dollars($ a5 •oo )as additional rent AND take whatever other consequences ere might be in making a late payment.After the second time a Lessee's check is returned, Lessee must thereafter secure a cashier's check or money order for payment of rent. 5. Security Deposit. On execution of this lease, Lessee deposits with Lessor c r eA Dollars($ as2oo•oo ), receipt of which is acknowledged by Lessor,as security for t to faithful performance by Lessee of the terms hereof,to be returned to Lessee,without interest,except where required by law, on the full and faithful performance by him of the provisions hereof. 6. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold,and enjoy the demised premises for the agreed term. 7. Use of Premises.The demised premises shall be used and occupied by Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession,or trade of any kind,or for any purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws,ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness,occupancy, and preservation of the demised premises,and the sidewalks connected thereto, during the term of this lease. 8. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no more than_ ?) _persons, consisting of 7S adult(s)and 0—child(ren) under the age of 18 years,without the written consent of Lessor. 9. Condition of Premises. Lessee stipulates that he or she has examined the demised premises, including the grounds and all www.socrales.com Page I of 4 J 2006 Saoaies Media,LLC LE310-I-Rev 11106 buildings and improvements,and that they are,at the time of this lease, in good order, repair,and a safe,clean and tenantable conditions. 10. Keys. Lessee will be given 1) key(s)to the premises and mailbox key(s). If all keys are not returned to Lessor following termination of lease, Lessee shall be charged T a Yl Dollars (g 10-00 )per key. 11. Locks. Lessee agrees not to change locks on any door or mailbox without first obtaining Lessor's written permission. Having obtained written permission, Lessee agrees to pay for changing the locks and to provide Lessor with one duplicate key per lock. 12. Lockout. If Lessee becomes locked out of the premises after management's regular stated business hours, Lessee will be required to secure a private locksmith to regain entry at Lessee's sole expense. 13. Parking.Any parking that may be provided is strictly self-park and is at owner's risk. Parking fees are for a license to park only. No bailment or bailee custody is intended. Lessor is not responsible for, nor does Lessor assume any liability for damages caused by fire, theft, casualty or any other cause whatsoever with respect to any vehicle or its contents. Snow removal is the responsibility of the vehicle owner. Any tenant who wishes to rent a parking space or garage must sign a Parking Space or Garage Rental Agreement. 14. Assignment and Subletting.Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof.A consent by Lessor to one assignment, subletting, conces- sion or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license.An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 15. Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor.All altera- tions, changes, and improvements built, constructed, or placed on the demised premises by Lessee,with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expira- tion or sooner termination of this lease. 16. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent, or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 17. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflam- mable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 18. Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises, except that A I I LA+-t V%ir:,C 5 shall be provided by Lessor. 19. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon. 20. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or an or about the leased premises in good order and repair; keep the furnace clean; keep the electric v^nnvaocrates.com Page 2 of 4 ,D 2006 Socrates Media,LLC LF310-1 •Rev. 11i06 bills in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumb- ing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste or neglect or that of his employee, family, agent, or visitor, shall be the responsi- bility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written consent of Lessor. 21. Painting. Lessor reserves the right to determine when the dwelling will be painted unless there is any law to the contrary. 22. Pets. Pets shall not be allowed without the prior written consent of the Lessor. At the time of signing this lease, Lessee shall pay to Lessor, in trust, a deposit of NO a+S Dollars($ ), to be held and disbursed for pet damages to the Premises(if any)as provided by law. This deposit is in addition to any other security deposit stated in this lease. Any Lessee who wishes to keep a pet in the rented unit must sign a Pet Agreement Addendum. 23. Display of Signs. During the last ZQ_days of this lease, Lessor or his or her agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 24. Rules and Regulations. Lessor's existing rules and regulations, if any, shall be signed by Lessee, attached to this agreement and incorporated into it. Lessor may adopt other rules and regulations at a later time provided that he or she have a legitimate purpose, not modify Lessee's rights substantially and not become effective without notice of at least two(2)weeks. 25. Subordination of Lease.This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 26. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee, which shall be subject to all the terms and conditions hereof but shall be terminated on -7)0 days'written notice served by either Lessor or Lessee on the other party. 27. Notice of Intent to Vacate.(This paragraph applies only when this Agreement is or has become a month-to-month Agree- ment.) Lessor shall advise Lessee of any changes in terms of tenancy with advance notice of at least 30 days. Changes may include notices of termination, rent adjustments or other reasonable changes in the terms of this Agreement. 28. Surrender of Premises.At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 29. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall beL�iveen written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within .0 days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 30. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his or her option, enter the demised premises by any means without being liable for any prosecution therefore, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his or her discre- tion, as agent for Lessee, re-let the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such re-letting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if www.socrates.com Page 3 of 4 ©2006 Socrates Media,LLC LF310-1 •Rev.11106 this lease had continued in force, and the net rent for such period realized by Lessor by means of such re-letting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 31. Binding Effect.The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 32. Radon Gas Disclosure.As required by law, Lessor makes the following disclosure: "Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in every state. Additional information regarding radon and radon testing may be obtained from your county public health unit." 33. Lead Paint Disclosure. As required by law, Lessor makes the following disclosure:"Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention." 34. Severability. If any portion of this lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this lease is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. 35. Insurance. Lessor has obtained insurance to cover fire damage to the building itself and liability insurance to cover certain personal injuries occurring as a result of property defects or Lessor's negligence. Lessor's insurance does not cover Lessee's possessions or Lessee's negligence. Unless the opt-out clause below is initialed by both Lessee and Lessor, Lessee must obtain a renter's insurance policy to cover damage or loss of personal possessions as well as losses resulting from Lessee's negligence. to Opt-Out Clause: sV Lessee and Lessor must both initial and date here if the requirement that Lessee obtain renter's insurance is waived. If the requirement is waived, Lessee will not be required to obtain renter's insurance. Lessor's insurance policy does not cover damages or loss of Lessee's personal possessions as well as losses resulting from Lessee's negligence. 36. Other Terms: Lessee Ll i Date: 410,(dvof 1 3D Lessor — Date: NOTICE: State law e fishes rights ns for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state. If you have a question about the inter- pretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person. NOTICE: Contact your local county real estate board for additional forms that may be required to meet your specific needs. www.socrates.com Page 4 of 4 0 2006 Socrates Media,ILC LF310 1•Rev.11106 ° CITY OF SALEM 3 - rz PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUS TrS 01970 TEL:978-745-9595 FAx 978-740-9846 June 8, 2009 Commonwealth of Massachusetts Department of Public Safety Architectural Access Board Attn: Thomas Hopkins, Director One Ashburton Place Rm 1310 Boston, Ma.02108 RE: Variance Request for St Jeans House 17 Salem Street, Salem MAAB Docket#V09-05 Dear Mr. Hopkins, The following comments are in response to the Application for Variance regarding the above property dated 5/29/09. • Please note that the construction of the conversion of the existing Social Hall referred to was built and completed without a Building Permit and no plans were submitted for review by this office. • Permit#650-08 was granted and a certificate of Occupancy was issued by this office after construction was complete upon the representation of the owner that the proposed use was a single apartment unit. • The Certificate of Occupancy was rescinded when the actual Use as a"sober house" was reported to us by the Salem Police Department. • The Variance Application states the construction cost associated with the permit was $30,000. This Department estimates that the actual value of the Construction cost was at least$180,000. • The real value of the construction work triggers full Accessibility for the entire building. The variance application only addresses accessibility to the group home on the second floor. There are three inaccessible ground floor commercial spaces not addressed in this application. • The space labeled"powder room" on the plans submitted with the variance request is not accessible nor are there any accessibility improvements indicated. • The proposed plan to create an accessible toilet/shower room on the second floor involves combining two inaccessible bathrooms. The existing condition provides 3 '/1 baths for 14 residents and additional staff members. The proposed condition provides 1 accessible toilet/shower room, an inaccessible bathroom and an inaccessible half bath. This department feels that the number of toilet fixtures is inadequate for the proposed occupant load. An additional accessible toilet/shower room could be provided by combining the inaccessible bathroom and the adjacent bedroom. ° CITY OF SALEM iz PUBLIC PROPERTY DEPARTMENT KIp19FRLFY DRISCOLL MAYOR 120 WASHINGTON STREET• SALEM,MASSACHUSETTS 01970 TEL:978-745-9595♦FAx:978-740-9846 • This department feels that the proposed solution for providing accessibility to the ground floor lobby is inadequate. It also involves building on the city sidewalk. Lowering a portion of the lobby floor to sidewalk level is not, in our opinion, impracticable. In Summary, this department would recommend against granting this variance. Sincerely, Thomas E. McGrath, AIA Assistant Building Inspector/Local Inspector cc: file, J. Parisella Esq., Salem Commission on Disabilities September 30, 2009 James Rissling, RA 64 Allston Street Cambridge, MA 02139 Telephone: 617 680-4595 Mr. Thomas McGrath, Assistant Building Inspector City of Salem 120 Washington Street, 3`a Floor Salem, MA 01970 Mr. McGrath, 17-23 Salem Street, Salem MA: We are reviewing options to bring the property at 17-23 Salem Street, Salem MA into compliance with the Massachusetts Architectural Access requirements. Earlier in the month, you and I met on site to review the existing conditions and discuss options to providing access to the shops at street level. Our assumptions where that Mr. Viola will continue to lease two of the adjoining spaces, 17&19 Salem Street, to a single tenant requiring only one of the two street entrances be modified for the duration of the tenancy. See Figures 1-4. And that the access to the space occupied the El Punto Market needs to be addressed. See Figures 5-8. The entrance at 17 Salem Street(Figs. 2&3) appears dimensionally the most viable of the entrances at 17 and 19 Salem Street. However a level area outside the door, 521CMR 25.2, would not be possible without alteration of the public sidewalk. Altering the sidewalk at 17 Salem Street would be restricted by an existing street tree (See Figs. 3&4). A ramp that is less than or equal to 8.33% could be provided within the dimension of the existing recess (Fig. 3). It is suggested that a variance be sought to utilize an automatic opening device in lieu of this area requirement, 521 CMR 26.6. A ramp within the recessed area at the entrance at 23 Salem Street(Figs. 5, 6, 7&8) does not appear possible dimensionally without either alteration to the sidewalk or interior floor level. Compounding the conditions, the sidewalk slopes rapidly to the corner and down the intersecting street(Figs. 5&8). Lowering the entrance and depressing the ramp into the floor of the shop may result in other tripping hazards. Alteration the sidewalk and/or floor levels need to be explored in more detail in the following month. Respectfully, James Rissling Cc: Thomas St. Pierre,Inspectional Services Director,City of Salem Thomas Hopkins,Executive Director,MA Architectural Access Board 17-23 Salem Street, Salem MA September 30, 2009 '-rd i ll t d >t:tuia s _ t , , i FIG. 1 17, 19 & 21 Salem Street A •pfl its ff Y }I v i9 Y v 5 lt�id � FIG. 2 Condition at grade at 17 Salem Street 2of5 17-23 Salem Street, Salem MA September 30, 2009 iN CX[5tvlcj 5 %SIrpe @OtVn OE IS I A L K 2`-I 112" ............... .................................. 117 f FIG. 3 Plan: 17 Salem Street nNl Ib FIG.4 17 Salem Street tree in sidewalk 1 3 of 5 17-23 Salem Street, Salem MA September 30, 2009 EL PUNT TO A�aRKET Rm r, , s�u n u FIG. 5 Elevation of 23 Salem Street , F ap �e t 41 RE 1t 1 a 1„ a µT,( 4 Y FIG. 6 Condition at grade at 23 Salem Street 4of5 17-23 Salem Street, Salem MA September 30, 2009 ' nF12 if A u � v r' existing 5 % 51ope dowry FIG. 7 Plan: 23 Salem Street er� t'lI1VTO M v ' r wM i e �� f � t i b" r I• t rx� z Uli i„� c.7y FIG. 8 23 Salem Street looking north 5of5 . .... . . ....... 07L'' 646 SIUA." az.. A.aw-? Do vat L.Patrick Governor - /�L/ �pj yp�Op6O -- Thomas G.Gatzunis, mmssioner P.E. Timothy P.Murray. IIOfLPi �1y�y�pLy Op Lieutenant Governor - 5i[v ejet" -amf - _ Thomas P.Hopkins Director Kevin M.Burka Secretary. .Llil?G/1.17LQ.6d.�lJ-lf' TO: Local Building Inspector Variance Number: 09 095 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: St. Jean's House/Sober House 17- 21 Salem Street Salem Date: 11/6/2009 Enclosed please find the following material regarding the above location: _Application.for Variance _ZDecision of the Board _Notice of Hearing _Correspondence Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. 91�. Arlo Deval L.Patrick 2'a., o444"""40.14 O2lap-1 w Governor /17l/ ��y ypThomaC Commissioner P.E. Timothy P.Murray .0 Lieutenant Governor �� pj��`j-Q�p� - Thomas P.Hopkins Director - Kevin M.Burke - - Secretary CONTINUED FINE HEARING NOTICE RE: St. Jean's House/Sober House , 17- 21 Salem Street, Salem You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has been scheduled for you to appear on Monday, December 14, 2009 at 11:15 A.M. at One Ashburton Place, 21 st Floor, Boston, MA 02108 This hearing is being held to determine whether or not your noncompliance with the Board's order of July 27, 2009 is without justification and if so whether or not to impose fines of up to $1,000.0.0 per day per.violation. This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and 801 CMR 1.02,the Informal/Fair Hearings Rules. At the hearing, each party may be represented by counsel, may present evidence and may cross examine opposing witnesses. Date: November 6, 2009 ARCHITECTURAL ACCESS BOARD Chairperson cc: Independent Living Center Local Building Inspector Local Disability Commission Please turn off all cell phones and pagers while the Board is in session. Name St. Jean's House/Sober House Docket# V 09 -095 Address 17- 21 Salem Street Docket# C - city Salem Hearing 8/24/2009 Bldg Type Lodge/Res. Time of hearing 2:00 P.M. Complaints Name Plans on file? Complaint? NO Variance? YES Request for continuance? Jurisdiction: 3.3.2 An application for permitwassubmitted, However, this project was done without permits, Building Officials letter indicates that spending was over 30% of the assessed value triggering full compliance with 521 CMR. Building $204,000 See AAB 163, also see our advisory Opinion AAB # 146 and 147 Permits: Assessed $253,700 See AAB # 162, also see our advisory opinion AAB # 146 and 147 Value: Variances to be addressed: 26.6.1- level landings at entry door lobby and the vertical wheelchair lift, as well as the landings at the entries to all 28.1 - Use of a vertical wheelchair lift in lieu of an elevator ' EXHIBIT#& 45.4.4 - Countertops in Group 2 Kitchens . 45.7 - Wall Cabinets in Group 2 Kitchens Complaints to be Addressed: No AAB complaints at this time. Comments: The Board held a variance hearing on July 27, 2009 and voted to REVOKE the occupancy permit for the second floor of 17 Salem Street, Salem as of September 1, 2009, PROHIBIT the occupancy of the currently vacant first floor tenant space; and schedule a FINE HEARING regarding the lack of access into the first floor tenant space as soon as possible. (See AAB 4) THIS IS A FINE HEARING. If the Board does issue a Fine, the vote must show that the failure to comply with the Board's Order of is without Justification. AAB 1 © J lrp'o Thomas G.Gafzunis,P.E. Deval L Patrick rJax� 6�j-/G�Ol�6O Commissioner Governor Thomas P.Hopkins 6��r�0665 Director Timothy P.Murray Lieutenant Governor / Kevin M.Burke Secretary DECISION OF THE ARCHITECTURAL ACCESS BOARD Date: August 18,2009 Name of Property: St. Jean's Sober House Property Address: 17 Salem Street, Salem Docket Number: V09-095 Date of Hearing: July 27,2009 Enclosed is a copy of the decision relative to the above case wherein certain variances from the State Architectural Access Board Rules and Regulations (521 CMR)have been requested. Sincerely: ARCHITECTURAL ACCESS BOARD By: Kate Sutton,Program Coordinator/Clerk for Proceedings cc: Local Building Inspector Local Commission on Disabilities Local Independent Living Center Page 1 of AAB 2 S:\AAB\KSutton\P.genda's and Resu1ts\DECISI0NS\2009`072709\SL Jeans Sober House,17 Salem St.,Salem.doc COMMONWEALTH OF MASSACHUSETTS SUFFOLK,SS Architectural Access Board Docket No. V09-095 BOARD'S RULING ON APPEAL In Re ) St. Jean's Sober House ) 17 Salem Street ) Salem, MA ) Issue• This matter originally came before the Architectural Access Board ("the Board') on May 29, 2009, as a variance request submitted by James Rissling, on behalf of Michael Viola,the owner of St. Jean's House located at 17 Salem Street in Salem(AAB30-40,File). The variances being requested were in regards to the following sections of 521 CMR: - Section 26.6.1 -Level Landing at Doors and Doorways - Section 28.1 -Elevators - Section 45.4.4 -Countertops in Group 2 Kitchens - Section 45.7 -Wall Cabinets in Group 2 Kitchens On June 15; 2009,the Board reviewed the variance application and voted to schedule a hearing regarding the matter. The"Notice of Action" along with the"Notice of Hearing"were both sent out to all parties concerned on June 16,2009,notifying them of the Board's decision and the hearing scheduled for July 27, 2009 at 2:00 p.m. The Rule: The Boards regulations under Section 3 (Jurisdiction) of 521 CMR, specifically Section 3.3.2, requires that if the work performed($204,000.00,based on analysis of work done by Salem Building Inspector Tom McGrath, since work was done without permits) amounts to 30% ($76,110.00)or more than the full and fair cash value(See 521 CMR, Section 5,Definitions) of the building($253,700.00),then the entire building is required to comply in full with all applicable sections of 521 CMR Page 2of4 AAB 3 SAAABT,SuttonWgmdes and ResultsTECISI0NS\200T072709\St Jeans Sober House,17 Salem St,Salemdw Analysis: The variance hearing was convened on July 27, 2009 at 2:03 p.m. The Board reviewed the case file exhibits numbered as AAB 1 through 174, and marked it as Exhibit 1 (File). Present at the hearing was: Tom McGrath, Building Inspector for the City of Salem Jerald Parisella, Assistant City Solicitor for the City of Salem John Harris, Chair of the Salem Commission on Disabilities Thomas Hopkins,Executive Director of the Board After all were swom in,Mr.Hopkins stated that he had received a phone call from James Rissling,the original applicant in this matter,who had stated that he and his client would not be attending the hearing since they are intending to convert the second floor unit back to a single.family rental unit, therefore abandoning the current dormitory usage. Mr.Hopkins reminded the Board that this was a project that was done without building permit and without complying with the requirements of 521 CMR. He noted that the work that was done,not only triggered compliance for the second floor but also for the first floor retail spaces. Mr. Hopkins added that the matter of the use of the second floor as a sober house for recovering alcoholics was brought to court by the owner of the building,Mr. Viola,with a civil suit against the City of Salem arguing that the sober house was serving people with disabilities because they were serving the needs of recovering alcoholics. After some discussion the petitioners agreed that they would have to meet the requirements of 521 CMR but sought a variance to not provide access to the second floor dormitory space. Mr.Hopkins noted that since the matter was brought before the Board the building owner has gone to jail and there are still reportedly tenants living in the second floor of the building. He added that since the petitioners have now proposed to make the second floor a single family rental unit, the Board should request an affidavit from the owner attesting to such. Board Member Myra Berloff asked if the building was occupied,to which Mr. Jerald Parisella responded and stated that the building was occupied. Board Member Carol Steinberg asked who currently occupied the building currently. Mr. Parisella stated that there are two commercial tenants on the first floor and that the second floor space is licensed for 14 tenants, although he is unsure as to the current amount of people living there currently. He noted that since Mr. Viola was arrested,the court system,the largest source of the tenants, they pulled all of their tenants out of the building. Board Member Berloff asked what the retail tenants on the first floor were. Mr. McGrath stated that there is a small neighborhood grocery store, a storefront church, and a vacant tenant space. Board Member Berloff asked for clarification as to why the retail entrances don't comply with 521 CMR. Mr. McGrath stated that each retail entrance is a step up from grade. Board Member Walter White asked if the City of Salem was proposing to take any action regarding the occupancy of the second floor. Mr. Parisella stated that there is the possibility of action being taken by the City,but that they were awaiting the decision of the Board. Conclusion: After reviewing the matter,the Board voted as follows: REVOKE the occupancy permit for the second floor of 17 Salem Street in Salem as of September 1, 2009;PROHIBIT the occupancy of the currently vacant first floor tenant.space; and schedule a FLE HEARING regarding the lack of access into the first floor tenant spaces, as soon as possible. Page 3 of 4 AAB 4 S:V+AB\KSutton\Agenda's and Results\DECISI0NSt2009`072709\St leans Sober House,17 Salem St,Salem.doc PLEASE NOTE:All documentation (written and visual) verifying that the conditions of variance have been met, or the required work has been done must be submitted to the AAB 0fflce as soon the work is completed. A true copy attest, dated: August 18,2009 ARCIRTECTURAL ACCESS BOARD By: Diane McLeod,Acting Chair A complete administrative record is on file at the office of the Architectural Access Board. Page 4of4 AAB 5 S:V AB\KSutton\AgenMs and ResultsTWISIONS\200 07270ML Jeans Sober House,17 Salem St,Salendoc r e / 694,6 .vas 11911aeel,. 13/0 Nval LPatrick _ Governor po ewl- +�y�n��O _ ThomasCortvnlss'ioner P.E. Timothy P.Murray lJ'1LOfL6`�lj�-y��L+�.nV` Lieutenant Governor �¢Q- e jly o -efes Thomas P.Hopkins Director Kevin M.Burke �� / Secretary FINE HEARING NOTICE RE: St. Jean's House/Sober House ,17- 21 Salem Street, Salem You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has been scheduled for you to appear on Monday, August 24, 2009 at 2:OO P.M. at One Ashburton Place, 21st Floor, Boston, MA 02108 This hearing is being held to determine whether or not your noncompliance with the Board's order of July 27, 2009 is without justification and if so whether or not to impose fines of up to $1,000.00 per day per violation. This hearing .will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and § 1.02 of the Standard Rules of Practice and Procedure. At the hearing, each party may be represented by counsel, may present evidence and may cross examine opposing witnesses. Date: August 11, 2009 ARCHITECTURAL ACCESS BOARD Chairperson cc: Independent Living Center Local Building Inspector Local Disability Commission Please turn off all cell phones and pagers while the Board is in session. AAB 6 HEARING DOCKET BOARD: ARCHITECTURAL ACCESS BOARD LOCATION: St. Jeans Sober House, 17 Salem Street, Salem DATE: July 27, 2009 TIME: 2:00 p.m. PLEASE PRINT NAME & ADDRESS ORGANIZATION / ROLE Twt N,G��-rH 12a +.JnSN►,+rt,-raK sT, � �.v� � PLEASE TURN OFF ALL CELL PHONES AND PAGERS WHILE THE BOARD IS IN SESSION AAB 7 a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET 4 SALEM,MASSACHUSP.TCS 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 September 9, 2009 Mr. Michael Viola 4 Butterfield Road a Saugus,Ma.01906 RE:19-21 Salem Street Dear Mr. Viola, The Building Department made an inspection of the second floor of the above premises on September 3,2009. The purpose of the visit was to determine whether to issue a Certificate of Occupancy for a single dwelling unit for the space in which you formerly operated a"sober house". As you were unable to install the required sprinkler systems and to make required handicapped accessibility improvements,you have stated your intention to permanently cease operation as a"sober house"and to lease the space as a single rental unit. On September 3,2009 you presented us with a copy of an executed lease with you as lessor and three individuals (Michael Grieco,Webster Smith and Peter White)as lessees. All three of these individuals were residing on the second floor of your building at the time of our inspection. In addition to those three,a fourth person, a Robert Ingemi,was also living there. Occupancy of a rental unit by four unrelated persons is in violation of the Salem Zoning Ordinance. See below: Salem Zoning Ordinance: Section 2-2 Definitions Dwelling, single-family: A building or unit designed for or occupied by one (1)family only. Family: One (I) or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit,provided that a group of three (3) or more persons who are not within some degree of kinship shall not be deemed to constitute a family. Your application for a Certificate of Occupancy for the second floor of 17-21 Salem Street is hereby denied. You have a right to appeal this decision to the City of Salem Board of Appeals. Sincerely, Thomas McGrath,AIA Assistant Building Inspector cc: file, Fire Prevention,Electrical Dept.,Legal Dept.,Thomas Hopkins,MAAB. Salem Police Dept �n7/�� q,e �rg9�0 W�oL waae, e�d O?�a�wlcp Thomas G.Gatzunis,P.E. Dental L.Patrick 60" Commissioner 6�>7170660 Gavemor Thomas P.Hopkins �� 6�17r70665 Director Timothy P.Murray / Lieutenant Governor wCW.u.9Rddd'�ld'U' Kevin M.Burke Secretary DECISION OF THE ARCHITECTURAL ACCESS BOARD Date: August 18,2009 z Name of Property: St. Jean's Sober House m n Property Address: 17 Salem Street,Salem N zrn CD P.< Docket Number: V09-095 y mo Date of Hearing: July 27,2009 W n O En 'n Enclosed is a copy of the decision relative to the above case wherein certain variances from the State Architectural Access Board Rules and Regulations (521 CMR)have been requested. Sincerely: ARCHITECTURAL ACCESS BOARD By: 6M, Kate Sutton,Program Coordinator/Clerk for Proceedings cc: Local Building Inspector Local Commission on Disabilities Local Independent Living Center Page 1 of 4 S:\,4 . \KSuttonWgendas and Results\DECISIONS\2009`072709\St.Jeans Sober House,17 Salem St.,Salem.doc COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS Architectural Access Board Docket No. V09-095 BOARD'S RULING ON APPEAL In Re ) St. Jean's Sober House ) 17 Salem Street ) Salem,MA ) Issue• This matter originally came before the Architectural Access Board("the Board')on May 29, 2009, as a variance request submitted by James Rissling, on behalf of Michael Viola,the owner of St. Jean's House located at 17 Salem Street in Salem(AAB30-40, File). The variances being requested were in regards to the following sections of 521 CMR: - Section 26.6.1 - Level Landing at Doors and Doorways - Section 28.1 -Elevators - Section 45.4.4 - Countertops in Group 2 Kitchens - Section 45.7 -Wall Cabinets in Group 2 Kitchens On June 15, 2009, the Board reviewed the variance application and voted to schedule a hearing regarding the matter. The "Notice of Action" along with the "Notice of Hearing"were both sent out to all parties concerned on June 16,2009,notifying them of the Board's decision and the hearing scheduled for July 27, 2009 at 2:00 p.m. The Rule: The Boards regulations under Section 3 (Jurisdiction) of 521 CMR, specifically Section 3.3.2, requires that if the work performed ($204,000.00, based on analysis of work done by Salem Building Inspector Tom McGrath, since work was done without permits) amounts to 30% ($76,110.00)or more than the full and fair cash value(See 521 CMR, Section 5, Definitions) of the building ($253,700.00), then the entire building is required to comply in full with all applicable sections of 521 CMR. Page 2 of 4 SAAAM SuttonWgendas and Results\DKlSI0NS\200T072709\St.Jeans Sober House,17 Salem St.,Salem.doc Analysis: The variance hearing was convened on July 27, 2009 at 2:03 p.m. The Board reviewed the case file exhibits numbered as AAB 1 through 174, and marked it as Exhibit 1 (File). Present at the hearing was: Tom McGrath, Building Inspector for the City of Salem Jerald Parisella,Assistant City Solicitor for the City of Salem John Harris, Chair of the Salem Commission on Disabilities Thomas Hopkins,Executive Director of the Board After all were swom in,Mr.Hopkins stated that he had received a phone call from James Rissling,the original applicant in this matter, who had stated that he and his client would not be attending the hearing since they are intending to convert the second floor unit back to a single family rental unit, therefore abandoning the current dormitory usage. Mr. Hopkins reminded the Board that this was a project that was done without building permit and without complying with the requirements of 521 CMR. He noted that the work that was done,not only triggered compliance for the second floor but also for the first floor retail spaces. Mr. Hopkins added that the matter of the use of the second floor as a sober house for recovering alcoholics was brought to court by the owner of the building,Mr. Viola,with a civil suit against the City of Salem arguing that the sober house was serving people with disabilities because they were serving the needs of recovering alcoholics. After some discussion the petitioners agreed that they would have to meet the requirements of 521 CMR,but sought a variance to not provide access to the second floor dormitory space. Mr.Hopkins noted that since the matter was brought before the Board the building owner has gone to jail and there are still reportedly tenants living in the second floor of the building. He added that since the petitioners have now proposed to make the second floor a single family rental unit,the Board should request an affidavit from the owner attesting to such. Board Member Myra Berloff asked if the building was occupied,to which Mr. Jerald Parisella responded and stated that the building was occupied. Board Member Carol Steinberg asked who currently occupied the building currently. Mr. Parisella stated that there are two commercial tenants on the first floor and that the second floor space is licensed for 14 tenants, although he is unsure as to the current amount of people living there currently. He noted that since Mr. Viola was arrested,the court system, the largest source of the tenants, they pulled all of their tenants out of the building. Board Member Berloff asked what the retail tenants on the first floor were. Mr. McGrath stated that there is a small neighborhood grocery store, a storefront church, and a vacant tenant space. Board Member Berloff asked for clarification as to why the retail entrances don't comply with 521 CMR. Mr. McGrath stated that each retail entrance is a step up from grade. Board Member Walter White asked if the City of Salem was proposing to take any action regarding the occupancy of the second floor. Mr. Parisella stated that there is the possibility of action being taken by the City,but that they were awaiting the decision of the Board. Conclusion: After reviewing the matter,the Board voted as follows: REVOKE the occupancy permit for the second floor of 17 Salem Street in Salem as of September 1, 2009; PROHIBIT the occupancy of the currently vacant first floor tenant space; and schedule a FINE HEARING regarding the lack of access into the first floor tenant spaces, as soon as possible. Page 3 of 4N S.\AAB\KSuttonWgenda's and Results\DECISIONS\2009`072709\St.Jeans Sober House,17 Salem St.,Salem.doc PLEASE NOTE: All documentation written and visual verifyiM that the conditions of a variance have been met or the required work has been done must be submitted to the AAB O fice as soon the work is completed. A true copy attest, dated: August 18, 2009 ARCHITECTURAL ACCESS BOARD By: pat ,�Ir � Diane McLeod, Acting Chair A complete administrative record is on file at the office of the Architectural Access Board. Page 4 of 4 S:�Aa\KSutton\Agenda's and Results\DECISIONS\2009`072709\St.Jeans Sober House,17 Salem Sc,Salem.doc o sad �xfw? 6��7��0660 Thomas G.oatzuneP.E. Deval L.Patrick Commissioner Governor Thomas P.Hopkins Timothy P.Murray G Director Lieutenant Governor / tr>cvur.�ariee, u �" Kevin M.Burke Secretary DECISION OF THE ARCHITECTURAL.ACCESS BOARD Date: August 18, 2009 Name of Property: St. Jean's Sober House co Property Address: 17 Salem Street,Salem `oma Docket Number: V09-095 D rnr" Date of Hearing: July 27, 2009 "- ~=cn o Q M Enclosed is a copy of the decision relative to the above case wherein certain variances from the State Architectural Access Board Rules and Regulations (521 CMR)have been requested. Sincerely: ARCHITECTURAL ACCESS BOARD By: Kate Sutton,Program Coordinator/Clerk for Proceedings cc: Local Building Inspector Local Commission on Disabilities Local Independent Living Center Page 1 of 4 S:WABUCSutton\kgendes and Results\DECISIONS\2009`072709\St.Jeans Sober House,17 Salem St.,Salem.doc COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS Architectural Access Board Docket No. V09-095 BOARD'S RULING ON APPEAL In Re ) St. Jean's Sober House ) 17 Salem Street ) Salem,MA ) Issue: This matter originally came before the Architectural Access Board("the Board') on May 29, 2009, as a variance request submitted by James Rissling, on behalf of Michael Viola,the owner of St. Jean's House located at 17 Salem Street in Salem(AAB30-40,File). The variances being requested were in regards to the following sections of 521 CMR: - Section 26.6.1 -Level Landing at Doors and Doorways - Section 28.1 -Elevators - Section 45.4.4 -Countertops in Group 2 Kitchens - Section 45.7 -Wall Cabinets in Group 2 Kitchens On June 15,2009, the Board reviewed the variance application and voted to schedule a hearing regarding the matter. The "Notice of Action" along with the"Notice of Hearing"were both sent out to all parties concerned on June 16, 2009,notifying them of the Board's decision and the hearing scheduled for July 27, 2009 at 2:00 p.m. The Rule: The Boards regulations under Section 3 (Jurisdiction) of 521 CMR, specifically Section 3.3.2,requires that if the work performed ($204,000.00,based on analysis of work done by Salem Building Inspector Tom McGrath, since work was done without permits) amounts to 30% ($76,110.00) or more than the full and fair cash value(See 521 CMR, Section 5, Definitions) of the building($253,700.00),then the entire building is required to comply in full with all applicable sections of 521 CMR. Page 2 of 4 SAA \KSutton\Agenda's and Results\DECISIONS12009`072709\St.Jeans Sober House,17 Salem St.,Salem.doc Analysis: The variance hearing was convened on July 27, 2009 at 2:03 p.m. The Board reviewed the case file exhibits numbered as AAB 1 through 174, and marked it as Exhibit 1 (File). Present at the hearing was: Tom McGrath,Building Inspector for the City of Salem Jerald Parisella, Assistant City Solicitor for the City of Salem John Hams, Chair of the Salem Commission on Disabilities Thomas Hopkins,Executive Director of the Board After all were sworn in,Mr. Hopkins stated that he had received a phone call from James Rissling, the original applicant in this matter,who had stated that he and his client would not be attending the hearing since they are intending to convert the second floor unit back to a single family rental unit, therefore abandoning the current dormitory usage. Mr. Hopkins reminded the Board that this was a project that was done without building permit and without complying with the requirements of 521 CMR. He noted that the work that was done,not only triggered compliance for the second floor but also for the first floor retail spaces. Mr. Hopkins added that the matter of the use of the second floor as a sober house for recovering alcoholics was brought to court by the owner of the building, Mr. Viola,with a civil suit against the City of Salem arguing that the sober house was serving people with disabilities because they were serving the needs of recovering alcoholics. After some discussion the petitioners agreed that they would have to meet the requirements of 521 CMR,but sought a variance to not provide access to the second floor dormitory space. Mr.Hopkins noted that since the matter was brought before the Board the building owner has gone to jail and there are still reportedly tenants living in the second floor of the building. He added that since the petitioners have now proposed to make the second floor a single family rental unit,the Board should request an affidavit from the owner attesting to such. Board Member Myra Berloff asked if the building was occupied,to which Mr. Jerald Parisella responded and stated that the building was occupied. Board Member Carol Steinberg asked who currently occupied the building currently. Mr. Parisella stated that there are two commercial tenants on the first floor and that the second floor space is licensed for 14 tenants, although he is unsure as to the current amount of people living there currently. He noted that since.Mr. Viola was arrested,the court system, the largest source of the tenants, they pulled all of their tenants out of the building. Board Member Berloff asked what the retail tenants on the fust floor were. Mr. McGrath stated that there is a small neighborhood grocery store, a storefront church, and a vacant tenant space. Board Member Berloff asked for clarification as to why the retail entrances don't comply with 521 CMR. Mr. McGrath stated that each retail entrance is a step up from grade. Board Member Walter White asked if the City of Salem was proposing to take any action regarding the occupancy of the second floor. Mr. Parisella stated that there is the possibility of action being taken by the City,but that they were awaiting the decision of the Board. Conclusion: After reviewing the matter,the Board voted as follows: REVOKE the occupancy permit for the second floor of 17 Salem Street in Salem as of September ], 2009;PROHIBIT the occupancy of the currently vacant first floor tenant space; and schedule a FINE HEARING regarding the lack of access into the first floor tenant spaces, as soon as possible. Page 3 of 4 S:\AABVCSutton\Agenda's and Rmults\DECISIONS\2009`072709\St.Jeans Sober House,17 Salem St.,Salem.doc PLEASE NOTE:All documentation (written and visual) verifying that the conditions of a variance have been met, or the required work has been done must be submitted to the AAB Once as soon the work is completed. A true copy attest, dated: August 18, 2009 ARCHITECTURAL ACCESS BOARD By: Diane McLeod,Acting Chair A complete administrative record is on file at the office of the Architectural Access Board. Page 4 of 4 S:WABUSSutton�Agenda's and Results\DECISIONS\2009`072709\St.Jeans Sober House,17 Salem St.,Salem.doc (Ara\v r / 4 .q ♦I t � °�'. ! a t Tif L e a M • i r , �Jp 1 ��,.,,. 1 k r �, i r ...M�wrw..•.el.M.�nerA!f+rMF.w-"�+r-I��nlr.M'a"r y,.'�*te':..+::. .'i .#,.•+ht"!w-..r�, {{{yyym,,,Y,{..'�1'' 114 1 It kt yy YT y r�r PY�e� Y a „ i. J � Y r•y x � � � 1 . � Yj il�. �M it _ .. a ♦ " x, a � 4 O n r�� Y pp fp r �,yr l +� I p � •�yp � 24 '4 may,_Yy�y,''^*�. �^ •* ,�,r'._ e M I ; I A / i4 _ r i # A { 1, a ti P'•a�,`" � .� r i s 1 Y, i op fy F �•W a _ _ xk yyh r s4 e t P � �+ jjj' •ry j45Y'' i'. i AP�A. r.kfv i. ai • �[ Ply r` � T s��° f � L�� tl. �4... F f 1'F ! J 4 Certificate No: 17-29 Building Permit No.: 79-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 17 SALEM STREET in the CITY OF SALEM - - - ------- - - ------------------ ----------- --- - - - - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY (2ND. FLOOR SINGLE APARTMENT) This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date Issued On: Mon May 3,2010 a--------------- -- - ---------- - -------- -------- �c.'-` ---� ---- - - -- - ---------------------- GeoTMS®2010 Des Lauders Municipal Solutions,Inc. --------------------------------- -------- `"L.------------- •�ONDIT,� c� c a �� ver YSQVE AD C/�1INE DIO CITY OF SALEM BUILDING PERMIT s� Residential Lease ........................................................................................................................................................................ BY THIS AGREEMENT made and entered into on '� PkLYYIbe r I '} 2009 between mlrbc C—Qr,eco WFhsFcrr E S „r c �t r -r;.,o herein referred to as Lessor, and M,611-,nt1 ArvtrXmu V',nla herein referred to as Lessee. Lessor leases to Lessee the premises situated at 1 Solcro :Skrc%k Actkerry B in the City of &Ierr, County of grstx . Stateof and more particularly described as follows: together with all appurtenances,for a term of One. year(s),to commence on S,°Pk�mber lSr 20O,and to end on A7LA6k 6k b} 20 to at la:l� lam 1. Rent. Lessee agrees to pay,without demand,to Lessor as rent for the demised premises the sum of h,,nbrn A Dollars(S aaeo.eo)per month in advance on the I S} day of each calendar month beginning St 200':� at 1 dole rY-N -,:'}r2.e } City of rSale in State of or at such other place as Lessor may designate. 2. Form of Payment. Lessee agrees to pay rent each month in the form of one personal check,OR one cashier's check, OR one money order made out to(NUUr\rte.\ �J,n iia 3. Late PaXXments. For any rent payment not paid by the date due,Lessee shall pay a late fee in the amount of F"X1-193 dollnrs Dollars IS 60.00 ). 4. Returned Checks. If,for any reason,a check used by Lessee to pay Lessor is returned without having been paid, Lessee will pay a charge of Dollars(S d5 -CID )as additional rent AND take whatever other consequences ere might be in making a late payment.After the second time a Lessee's check is returned, Lessee must thereafter secure a cashier's check or money order for papent of rent. v 5. Security Deposit. On e, ,ution of r s eV, L see deposits with Lessor �1 4een Dollars IS cel o whi s acknowledged by Lessor,as security forte faithful performance by Lessee of the terms hereof, to be returned to Lessee,vrrthout interest, except where required by law,on the full and faithful performance by him of the provisions hereof. 6. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 7. Use of Premises.The demised premises shall be used and occupied by Lessee exclusively as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession,or trade of any kind,or for any purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws, ordinances, rules,and orders of appropriate governmental authorities affecting the cleanliness,occupancy,and preservation of the demised premises,and the sidewalks connected thereto, during the term of this lease. 8. Number of Occupants. Lessee agrees that the demised premises shall be occupied by no more than;—persons, consisting of ,3 adult(s)and 0 _child(ren) under the age of 18 years,without the written consent of Lessor. 9. Condition of Premises. Lessee stipulates that he or she has examined the demised premises, including the grounds and all .WX50CWes Cal P3CP 7 Old =rti,o>CR3Iei 4eCi,lit ra y Coil] nonivealth of IV[assachusetts L.)_ % I RECEIVED _Sheet Acta! Permit IRSPECTIONAL SERVICES Date: I s Permit# 191% DEC -U A 0 55 �. Eskmated Job Cost: So Permit fee: S PLUIS Submitted: YES NO_ Pians Reviewed: YES_ NO Business License # -7 q(og Applicant License ft Business Intbrntation: Property Owner/Job Location Information: QF�6T/Ju&AuT t40005-6 VeAt 5nec- Name: AAf401ZCW Fit LR L--LC Namc: )j YD2�— ll/1.&ykc l Street: 1-7F A �jOhJ 2Ca Street: Z t S& lvl Ir City/Town: su�4,4,,,I A4 A City/Town: Scz le wt- , LM A Telephone: `Jog- S(p Y - ,�(q kd Telephone: LPo I— 449 --' 912-47,-' Photo I.D. required/Copy of Photo I.D. attached: YES_ NO J-1 / NI-1-unrestricted license J-2 / M-2-restricted to dwellings 3-stories or less and commercial up to 10,000 sq. ft. / 2-stories or 1&.,; Residential: 1-2 family_ Multi-family_ Condo/Townhouses_ Other Commercial: Office Retail Industrial Educational Institutional_ Other V r Square Footage: under 10,000 sq. ft. _ over 10,900 sq. ft. _ Number of Stories: Sheet metal work to be completed: New Work: Renovation: _ » 11VAC _ - iMetal'Watershed Roofing Kitchen Exhaust System Metal Chinwey/ Vents Air Balancing Provide detailed description of work to be done: 3 Neyj loft l' w E-5<-Vi .tsr (toot/ Svs�t L tiN� Irinom_ . - f 06/19/2016 22:44 FAX 160002/0017 Date Tenant Ahmad Hajazi 21 Salem Street, 2nd Floor DATES,1=RvED.o' Address n'ST4Y USUAL Salem MA 01970 COPYn9AIL�EU City, State, Zip � w-/ '�,� CONSTABLE Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after yo.�r receipt of this notice, or thirty (30) days, whichever is longer, the above described premises how held by you as my tenant. If you fail to so vacate, I shall employ the due course of the law to evict you. Signed jbyi5"ndlord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any rigl�t to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/19/2016 23:17 FAX 20001/0002 T Date Tenant Ovales Diaz Jose Al 21 Salem Street, 2nd Floor � �� Address �,,��;��r1� Salem MA 01970 LAST&USUAL City, State, Zip ' COPY MAILED 9//44 CONSTABLE Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, I shall employ the due course of the law to evict you. Signed brndlord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/19/2016 22:45 FAX 0006/0017 201?L Date Tenant Arien Newton Address 21 Salem Street, 2nd Floor / City, State, zip Salem, MA 01970 LAST 8, USUAL— �® "GUY 119A 7L£® ST Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, I shall employ the due course of the law to evict you. Signed 6riandlord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/19/2016 22:45 FAX 100004/0017 Date Tenant Tanver Alam / Address 21 Salem Street, 2nd Floor VAaE AVL-!D City, State, Zip Salem MA 01970 a n � AILED ��L^`��1 CONGTAULg Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, I shall employ the due coursei of the law to evict you. Signed bylandlord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of his notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/19/2016 22:46 FAX 1210008/0017 Date Tenant Juan A. Matosyole Address 21 Salem Street, 2nd Floor Salem MA 01970 LAST&USUAL CityState, Zip CONY FAILED CONSTAULE Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, I shall employ the due course of the law to evict you. CZ Signed by landlord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/10/2016 22:46 FAX 1?10010/0017 12 114 6 Date Tenant James Marrafa DATE SERVED Address 21 Salem Street, 2nd Floor LAST& USUAL City, State, Zip Salem, MA 01970 COPY MAILED CONSTABLE Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, I shall employ the due course of the law to evict you. I Signed by I Yord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/19/2016 22:47 FAX Z0012/0017 L,2 0 Date Tenant Paquito Willy 21 Salem Street, 2nd Floor Address Salem, MA 01970 ®FeV147flILEf7 City, State, Zip �p Le Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, 1 shall employ the due course of the low to evict you. _A /L Signed 601anndlord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/19/2016 22:47 FAX fa0014/0017 Date Tenant Greg Levesgye Address 21 Salem Street, 2nd Floor DATESE!RtsC-D (� b City, p Salem, MA 01970 STT USUALUAL , State, Zi COPY MAgLED MINIMUM— Rental IG gMRental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, I shall employ the due course of the law to evict you. �(-V/ Signby landlord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. 06/19/2016 22:48 FAX 2 0016/0017 Date Tenant Auber Abdueal Rashead DATE n2RVFD 6 21 Salem Street, 2nd Floor LANTa� Address COPY MAILED City, state, zip Salem, MAO 1970 ?IV jZ4 CONSTABLE Rental Period Notice to Quit for General Tenancy At Will It being my intention to terminate your tenancy, you are hereby notified to quit and deliver up at the end of the next rental period beginning after your receipt of this notice, or thirty (30) days, whichever is longer, the above described premises now held by you as my tenant. If you fail to so vacate, I shall employ the due course of the law I.ct you. Signed by 6(c lord or attorney Reservation of Landlord's Rights All monies paid to the landlord after your receipt of this notice will be accepted as use and occupancy and not as rent, without waiving any right to possession of the premises, and without any intention of reinstating your tenancy or establishing a new tenancy. r Iz The Commonwealth of Massachusetts \ , Department of Public Safety blos50chu5eltsSt1teBuildingCode(730CNIR) Building Permit Application for any Building other than a One-or'rwo-Family Dwelling �J (IhisSectionForOfficialUseOnl i, Building Permit Number: Date Applied: BuildingOfficia1.; -- SECTION 1:LOCATION(Please indicate Block p and Lot If for locations for which a.street address is not available) I M s l%7a No.Ind Street City/Town Zip Code Name of Building(if applicable) SECTION 2 PROPOSED WORK Edition of MA Shute Code used_ If New Construction check here Cl or check all that apply in the two rows below Existing Building❑ Repair❑ Alteration ❑ 1 Addition❑ TDerriolition ❑ (Please fill out and submit Appendix t) Change of Use ❑ 1 Change of Occupancy ❑ I Other ❑ Specify: Are building plans and/or construction documents being supplied aspert of this permit application? Yes ❑ No ❑ Is an Independent Structural Engineering Peer Rey�i�gw require ?S�o ' 1 Yes Cl No ❑ Brief Description of Proposed Work: 1^1aX,1�C t orf n n Cy'S L1, SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 730 CNIR 34) Cl Existing Use Group(s): I Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA. Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq. ft.)and Total Height(ft.) SECTION 5:USECROUP(Check as a licable) A: Assembly A-I 13A-2❑ Nightclub 13A-3 13A-4 C3 A-5❑ B: Business ❑ E: Educational ❑ F: Facto F•t ❑ F2 Cl I H: Hi h Ha2ard H-1 ❑ H-2❑ H-3 ❑ H-4❑ H-5❑ 1: Institutional l-t ❑ 1-2❑ 1-3❑ 1-4❑ i`I. "Iereantile Cl R: Residential R-l❑ R•2❑ R-3❑ R-4❑ S: Storage 9-1 Cl S-2❑ U: Utility❑ Special Use Cl and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) IA 13 IB ❑ IIA ❑ 113 Cl IIIA ❑ in Cl IV ❑ VA 13 VB ❑ SECTION 7:SITE INFORMATION (refer to 750 CNvIR 111.0 for details on each item) Trench Permit: Debris Removal: Water Supply: Flood Zone Information: Selvage Disposal: Licensed Disposal Site D Public C) Check if outside Flood Zone C1 Indicate municipal 13A trench will not be p required 13 or trench or specify: Private C1 or indentify"Lone: or on site system❑ permit is enclosed❑ Railroad right-of-way: Hazards to kit Navigation: SMA Historic I tunis,lon Rcvicw Pro c,,: Not Applicable❑ Is Structure withbr airport approach area? Is their review completed? Or Consent to Build enclosed❑ Ycs❑ or No❑ I Yes 17 No ❑ SECTION 3:CONTENT OF CERTIFICATE OF OCCUPANCY f.dilion of C(Ide: Use Group(s): rype of Construction: OCaipant Load per floor: I)Iu9 the building;Con tlin.in S p rinkler Sv':tem?: _ ti[vdaI St l pu lotions: 1 r SECTION 9:. PROPERTY OWNER AUTHORIZATION N.une and Address of Prop rty Owner II II � rr lin l �i (� `� ✓17✓ If�hC' I CI led �dGG of �t/lo2SS v2Z F Name(Pc nt) No.and Street City/Town Zip Property Owner Contact Information: () 7<61 'ritle Telephone No.(business) Telephone No. (cell) e-mail address If applicable, the property owner hereby authorizes Name Street Address City/Town State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building permit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendbc2l if building is less than 35,000 cu.ft.of enclosed s'icaand or.not underCobstruction.C6ntrolthen check here dandskip Section 10.1 10.1 Registered Professional Responsible for Construction Control. r 6e- 8—/- 7/0. GY-G. 7 Name(I egistrant) Telephone No, e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor 6 - - - Company Name V Name of Person Respifinsible for C traction C License No. . type if Applicable Street Address City/Town State Zip Telephone No. business Telephone No. cell e-mail address SECTION 11:lV0RKCR5'r'0b1PEN5A'rI0N INSURANCE AFFIDAVIT M.G.E.c.152. 2SC 6 A Workers'Compensation Insurance Affidavit from the bW 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? Yes❑ No Cl SECTION 12-CONSTRUCTION COSTS AND PERMIT FEE` Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)-5 1. Building 5 O Building Permit Fee-Total Construction Cost x (Insert here 2. Electrical 5 appropriate municipal factor) -5 3. Plumbing S I. Mechanical (HVAC) $ Note:Minimum fee 3 (contact municipality) 5. Nlechanical Other S Enclose check payable to 6."rota)Cost $ S O 0 (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering to name b w, I hereby attest under the pains and penalties of perjury that all of the information contained in this application i.' t e and acc lite to the best of my knowled a and understanding. —� 9. 7/a G s%. -z Pk;ise print a d si n nan a / ritfe "re ie No.. Date 5trcet Address City/"town Stel "p it Municipal Inspector Inspector to fill out this section upon application approval: Name Date CITY OF S.UE.ma %L\ss iicHUsETTS ©I:il-DINGDEP.1RTJtE.NT 120 WMHINGTON STREET, 3`a FLOOX TEL (918) 145-9595 :U\(BFILLEY DRISCOLL MAYOR TiIo.%Lu ST.Fmu s DIRECTOR OF PUBLIC PRO PERTY/8t:ILD(NG CON MISSION ER Workers' Compensation Insurance Atndavit: Ouitderi/Contracturr/Electrictans/Ptumbers Al olleant Inftrrmatlnn \ Picase Print Leaibiv .Nalnd t0usinas,Org3niratiamindividu3q: ` Address: 60 Is . / / City/Sratc/Zip: s�� n vim( Sr��— kK3 Phana)h 2 k1— 7/61 h�U Are you in umplayer'1 Cheek the appropriate boll Type of pro)cet(required): 1.0 1 am a omploycr with 4. 0 1 am u a genal contractor and 1 c,nplayees(hilt and/or part-time).• have hired the sub cantractars 6' O Now construction 2.❑ I ain a sole proprietor or purtnor• listed on the attached.rhcat t 1. 0 Remodeling ship and have no employees These subboontraatars have 8. (]Domolitioo working 1'or me In-any capacity. workers'camp.Insurance. 9, 0 puild(ng addition (No workers'comp.imumnce S. 0 We are a corporation and its required.) 0Blcen have exercised their 10.0 Electrical repairs or additions 7.❑ I am a hameuwnur doing all work right of examption per MGL i I.O Plumbing repairs or[additions myself.(No workers'comp. C. I A 01(41,and we have no 12.0 Roof aupairs insumnce«quired.) t cmplayetet[No workeire• camp.insurance required.) 13.0 Other sung uppdcyd dol c0yrkt bat rl mwt Ilya nil uw tM uwtiw below yAawing,hv4 wakrrt'campnwlun puthry insLrmotlon '1 hvnvuwmvr who yubmil We anfdavit indtearine they yrs doing all,writ aid shoe hid Wlttide rbnaaettxt mrut submit arm altidavil Wialna ywk <:umrxwd that rhwlt this box mwt auachad an at411dund+hwl showing the flans of the yuh•rronlracted and tbdr workm'ramp policy Inrarmados. fain un nnpluyrr that Js provJdln,�Ivorkrn'compauodan huuranee jar my rmpluyerst Below/s rhe pollcy and fob rife injornrudon. (( _ lnsurancoCompany Nmne: ''n�t 'rC..lC'C vS"^CSS --)-/�S• �G„+n� ' Policy 4 or Self-his. Lic, a: L 36 o 3 y 2 Expiration Data• J. - '-I - y tub Site Address: C- 'l, �} ^, 51-- City/StaW2lp: Altuch A copy ul lhe,rorlun'compansatlao policy deelarallon page(thawing the policy numbor and expiration data). Fuiiure to sccuru coverage as required under 3ectian IJAaf MGL a. U2 can lead to the imposition of criminal penalties of s rine up to 51,500.00 und/ar ane-year imprisonmen4 as well as civil punaltius in the form of a STOP WORK ORDER and a line of up to 5350.00 Puy against Ilia violator. Ile advised that a Copy of thissratcmunt may bo furwurdcd to the Ofiic s of Investigaliults o1 r" Wr insuranca covcraga vcritleuliun. 1,10 lrerrby r der t/rs rairan lrenvltbs 01prr/ary that the Lrjurnrurlmr provldrd ubuve Jr true urrd currrrt ,. , � 7,Ird• 3- lv- 201 3 PI•one;r "Ilic•iul rase nuts; Ila.rut rvrib in dr/r urea,rex be cuarp/er,rd by sirs ur��wn n//Irfu! i t City 17 l'uwfl: ._ _ PcratItAlcen,e Y Irtulnl Atil verily (circle ung): --- --- . 1. Board of ileallh !. liuildhn; Ilupartumul .1.Cityi fawn C'ierk 1. G.kctrled 6t+ ,ectoe i. 1'lunt6l m, I. Ulhur I :, In,ptcrnr Cnnlict l'ersnnt- I'hnnu,l: � I CITY , �% O - S'Uz%f, WsicHUSETTS BULMLNG DEP.VRTtE.VT + t[ I30 lUASHLNGTOV STREET, 3�FLOOZ TEL (978) 745.9595 F.,Lx(978) 74U-9344 (<IJlBF1tL,flY Dti[SCO[.L NLAY011 TRoaLu ST.PtExAa DIRECTOR OF PI:BLIC PROPERTY/BCQ.DLYG CMNISSIONER Construction Debris Disposal Affldavit (required for all demolition and renovation work) fn accordance with the sixth edition of the State Building Coda, 780 CNIR section 111.5 Debris, and the provisions of tbIGL c 40, S 54; Building Permit Y is issued with the condition that the debris resulting from this work shall be disposed of in a properly licensed waste disposal facility as defined by NfGL c 111, S 150A. The debris will be transported by: (rant ut'haulcr) The debris will be disposed of in (name ut'facility) (ait)I'CSS uC f8dl�lly) siyuaturc of permit applicant date I I i DATE(MMIDD/YYm ar CERTIFICATE OF LIABILITY INSURANCE 4/4/2011 THIS`CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithe certiRcate holder Is an ADDITIONAL INSURED, (he policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the temis and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate hold" In lieu of such endorsement(s). PRODUCER NAME: Circle Business Insurance.Agency Inc NeE .978-777-5619 1(FA ACX.Nee978-777-4898 247 Newbury St. ADDRESS: Paulahalas@circleinsurance.not Danvers, MA 01 923 INSURERIS) AFFORDING COVERAGE NAC 0 1781639 INSURER A: Nautilus Insurance INSURED Berg Building & Remodeling INSURER B: Granite State Insurance Daryl Berg INSURER C: 1006 Paradise Road Unit 1-H INSURER D: Swampscott, MA 01907 INSURER E: INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSHLIA TYPE OFINSURANCE POLICY NUMBER (MNIOOTYYYY) (MNIODfrYYY) UMITS R GENERAL LIABILITY EACH OCCURRENCE $ 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea ocmrence) $ 50,000 CLAIMS-MADE Ox OCCUR MED EXP(Any onepsnsm) It 5,000 A NNO84884 03/3/113/3/12 PERSONALAACV INJURY 3 300,000 GENERAL AGGREGATE S 60(),000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S 600,000 POLICY PRO M LOC $ JSCT AUTOMOBILE UAINUTY Es sodden( $ ANYAUTO BODILY INJURY(Par Peroanl S ALLO NED SCHEDULED BODILY INJURY (Per acddenq S AUTOS AUTOS HIRED AUTOS AUTOSWNED (Par account S 3 UMBRELLA LUB OCCUR EACH OCCURRENCE 3 EXCESS LIAR CLAIMSMADE AGGREGATE $ DEO I I RETENTIONS VIC S MRNERS COMPENSATION X I TORY LIMITS ER 01 AND EMPLOYERS'LIABILITY YIN $ aFICERMEMBER EXCWVIEU?ECUDVE �) NIA 9947169 3/4/11 3/4/12 E EACH ACCIDENT S 100,000 (Mandatory In NH) I L 1 E DISEASE-EAEMPLOYEE S 100,000 if,.%d PTeunder DESCRIPTION OF OPERATIONS Below E.L.DISEASE-POUCY LIMIT 3 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (AIIaoh AGORD 101,Additional Ronan.Schad"Is.if moravace is repwree) CERTIFICATE HOLDER CANCELLATION City of Boston SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 Ashborn Place THE EXPIRATION DATE THEREOF, NOTICE HALL BE DELIVERED IN Boston MA ACCORDANCE WITH THE POLICY PROVISIONS. ^ AunICRIZED REPRESENTAf G / I� y� -a�z. 0 1988-2010 ACORDCORPORATION.AII rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD `Cre L /�' per/ ��' ✓/ The Commonwealth of Massachusetts Department of Public Safety , rA` Nmuldin Massachusetts State Building Code(730 CbIR) Building Permit Application for any Building other than a One-orTwo-Family Dwelling (This Section For Official Use Only)mit Number: Date Applied: Build ng Official SECTION 1:LOCATION(Please indicate Block N and Got ti for locations for cvhich a.street address Is not available) l vt — s I%7d No.and Street City/Town Zip Code Name of Building(if applicable) SECTION 2 PROPOSED WORK Edition of MA State Code used_ If New Construction check here O or check all that apply in the two rows below Existing Building❑ Repair❑ Alteration ❑ 1 Addition❑ Demolition ❑ (Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy ❑ 1 Other ❑ Specify: Are building plans and/or construction documents being supplied aspert of this permit application? Yes Cl No 13Is an Independent Structural Engineering Peer Reytew require ?SXbo ' Yes ❑ No ❑ Brief Description of Proposed Work: i^1AR nCoW. noeA(nA SL" ti,j) SECTION 3i COMPLETE THIS SECTION-IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USB OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 730 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREAr Existing Proposed No,of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) "Cotil Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as ahcable)- A: Assembly A-1 13A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ 1 PP B: Business Cl E: Educational ❑ F. Facto F-1 ❑ F2❑ H: High Hazard H-1 ❑ H-2❑ H-3 ❑ H-4❑ H-5❑ 1: Institutional I-1 ❑ 1-2❑ I-3❑ 1-4❑ M: Mercantile❑ R: Residential R-113 R-2❑ R-3❑ R-4❑ S: Storage S-1 ❑ S-2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) IA ❑ IB ❑ [IA Cl IIB Cl [IIA ❑ II[B ❑ 1 IV ❑ I VA ❑ VB ❑ SECTION 7:SITE INFORMATION(refer to 730 CMR 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal: Public❑ Check if outside Flood Zone❑ Indicate municipal❑ A trench will not be Licensed Disposal Site❑ Private❑ or indentify Zone: or on site system❑ required❑or trench or specify: permit is enclosed❑ Railroad right-of-way: Hazards to Air Navigation: SMA Historic Conunls,ton Review Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑ Yes❑ or No❑ I Yes ❑ No ❑ SECTION 3:CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code:•, Use Group(s): 'Cype of Construction: Occupant Load per Floor ._ Does the building contain,m Sprinkler System?:__ Special Stipulations:.._ _. SECTION 9:. PROPERTY OWNER AUTHORIZATION ' Name and Address of Prop rly Ownur III �,/'//� ( I /,vt r' I�i (' `1 a_I ✓i1✓'!1 _P, I I�d S�GGcif /�i/G�Ss UZL F Name(P nt) No.and Street City/Town Zip Property Owner Contact Information: r ;)C61 _eW 30 Title Telephone No.(business) Telephone No. (cell) e-mail address If applicable, the property owner hereby authorizes Name Street Address City/Town State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building permit application. SECTION 10:CONSTRUCTION CONTROL(Please,fill out Appendix 2) Ifbuildin �isIcssthan35,000cu.ft:ofencloseds ice and or:not under Construction Control then check here Ovid skip Section 10.1 10.1 Registered Professional Responsible for Construction Control lit. 7.1/- 7/a. 6 7 Name( egistrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor Company Name 97 Name of Person Resp nsible for Ctraction - License No. < i Type f Applicable /Y4 Street ddress City/Town State Zip Telephone No. business Telephone No. cell a-mail address SECTION II:WORKERS'COMPENSATION INSURANCE-AFFID:WIT M.G.L.c.152.§ 25C(6)), A Workers'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? Yes❑ No ❑ SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE' Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)_$ 1. Building $ O Building Permit Fee=Total Construction Cost x_(Insert here 2. Electrical $ appropriate municipal factor)_$ 3. Plumbing $ 1. Mechanical (HVAC) $ Note:Minimum fee=$ (contact municipality) 5.Mechanical Other $ Enclose check payable to 6.Total Cost $ 5 O 0 1 (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT` By enteringbinname b w, I hereby attest under the pains and penalties of perjury that all of the information contained in this .application and acc ate to the best of my knowled a and understanding. 7�0 6 a Please print a d si In nan e ,/ Title Tel ie No.. Date /_ o ? /v�^r✓ JCS Street Address City/Town Stat ' 'p z .Municipal Inspector to fill out this section upon application approval: 1!1 Name Date CITY OF situms 1/Lu&iCHUSETTS OL'LLDING DEPARTJLE.NT 130 WASHLYGTON STREET, Y°FLOOQ t�ia•;� " TEL (978) 743-9595 F.kx(913) 140.9846 (U�IIIf.RLEY DRJSCOLL MAYOR THObtAgSTFt Ust DIRECTOR OF PL'OLIC PROPERTY/lIUMDLYG CMalISSIONER Workers' Compensation rnsuranceAffldavit: Builders/ContractoraElectrlcianx!Plumbers Annlleant information ( r Please Print Leaihry Name(Va111A^JLUry`]a17illaNlndlVl�U;II): 1��( r Address: 160 rl0o; City/State/Zip: 5—"A4.t 44 asL phone M: 7/6) Are you An emplayer7 Check the appropriate box: Type of project(required)- 1. 0 I am a employer with d. 0 1 am a general contractor and 1 employees(full and/or part-time).• have himd the sub.cantrsctors d. 0 Naw construction 2.0 Hat a sole proprietor or partner. listed on the atlached Aect 1 7, Cl Remodeling ship and have no employees These subcontractors have 8. 0 Demolition working fur me in any capacity. workers'camp.Insurance. 9, puilding addition (No workers'comp,insurance J. Cl We are a corporation and its resulted.) officers have exercised their 10.0 Electrical repaits or additions J.0 I am a homeowner doing all work right Of exemption per MOL 11.0 Plumbing repairs or Additions myself.(No da(ken'comp, c. 152,01(4),and we have no 12.(]Roof rupairs insurance required.j t employees,(No workers' I J,0 011ier comp.insurance required.) ;Any appllcam dr:u ch+cutx rt m boutt alio rill uui the xwtiva 6ulaw thawing the4 waktro'mmpenaulun pulley inrurmatla� 'I f.wouwners who ruhmirthis affidavit indlcming they aro doing all work and Thee biro watride rant <',intraelpe must mbmll a new rnidavil indloting ruck rwan diol chuck ibis Dux rent attached an aJdillunel+hwl ahuwing the was orthe rulavntnetoro and their wurhen'comp.pulley Inrurweae. l one un entplayn thuNa provldln,�tvarkrn'compauadon hrruntnu jar my empluyerai Below/s rhe po/fry and fob Of injarmadart �1 ( _ CompanyNne: y SInsurance L—/tS FapiruGon DaaPolicy a or Self4its. Lia d: VT 36 `/ rr�� I lots Site Address: _ P/ �L� L.^n S �' City/StatdZip: (j`w�, .lttach A COPY of the worhors'compensation policy dectaratlan page(thawing the policy number And expiration data). Failuns to wcuru coverage as required under Suction 2JA of MGL e. 152 can lead to the imposition of criminal penalties of a rine up to 5I,JC0.00 And/or ane-year imprisonmenp as well as civil penailies in this fart Ufa STOP WORK ORDER and aline of up to S?Jo.no �uy against ilia violator. Ile advlaud that a copy of lhis.vratemum may be 1'urwutdad m the 01 t, Uf Investiguliuns of id DiA fur insuranca coverage vurilluatiun. I do hereby r do dee ulnr lar penaltler ujpar/ary that rhe btjunnullmr provided above 04 true acrd carrret i', t 2 ('hone h i Oljfcial toe only. Da oat write in dill arra,to br runrplNud by city of lawn n//Irlu! I City of l'uwn: _ Permilll.1ccnses IssuLrd.lulhurily (circle one): I, lluard of Health I. fluildinq MilArhnmtt I.Cilyfrorvn Clerk L Gauctrieal (ngtcdor i. Phtmbing lnrptctar 5. Other ._. Jho nu U: CITY or S.UzNf, AkSS.1CHusETTS ©Liwo,,G DEPARn NT 120 C(/.ISHL`tGTO, ' v STREET, 3 FLooR ISL (978) 745-9595 1<11NOERLEY DRISCOLL F.ACX(978) 7-10-9344 NLAYOX D10.% SST.PiERRB DIRECTOR OF PL aLIC PROPERTY/BCILDLN'(;CONNI5SIONER Construction Debris Disposal Affidavit (required for all demolition and renovation work) In accordance with the sixth edition of the State Building Code, 730 CMR section l 11.5 Debris, and the provisions of tbIGL e 40,S 54; Building Permit tt is issued with the condition that the debris resulting from this work shall be disposed of in a properly licensed waste disposal racility as defined by��IGL e I 11, S I50A. The debris will be transported by: D),s (nam ut'huulcr) The debris will be disposed of in ff (nnmcot'Facitity) (address of racllity) signature ufpermit applicant rl . i DATE(MMIDD/YYYy) CERTIFICATE OF LIABILITY INSURANCE 4/4/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cerdficats holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsamenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER COWAUT NAME: Circle Business Insurance Agency Inc ,,,2,,eE,e: 978-777-5619 (AIC.Nel.978-777-4898 247 Newbury St. ADDRESS: Paulahalas@circleinsurance.net Danvers, MA 01923 INSURERS) AFFORDING COVERAGE NAIC0 1781639 INSURER A Nautilus Insurance INSURED Berg Building & Remodeling INSURERS: Granite State Insurance Daryl Berg . INSURER C: 1006 Paradise Road Unit 1-H INSURER D: Swampscott, MA 01907 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INN SS TYPE OF INSURANCE POLICY NUMBER ruwo TYYYY) jMIAUoNYYY) LIMITS IMRMaL GENERAL LABIUTY EACH OCCURRENCE E 300,000 X COMMERCIAL GENERAL UABIUTY PREMISES(E.occurrence) E 50 ,000 CLAIMS-MADE Ox OCCUR MED EXP(Any onspentan) E 5,000 A NNO84884 03/3/113/3/12 PERSONAL a ADV INJURY If 300,000 GENERAL AGGREGATE S 600,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO E 600,000 1-1 POLICY PRI LOC E JECT AUTOMOBILE UABIUTY Ea acadent _ E ANYAUTO BODILY INJURY(Par person) E ALL� AUTOS ED SmE ULED BODILY INJURY(Par adeM) A HIRED AUTOS AUTOS (Per amde� E E UMBRELLA LAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE E OED I I RETENTION E S WORKERS COMPENSATION X TORY LIMITS E _ AND EMPLOYERS'UASIUTY ANY PROPRIETO"AFUNERiEXECUTIVE YIN 9947169 3/4/11 3/4/12 E.L EACH ACCIDENT s 100,000 B OFFICERANEMBER EXWC£O1 fl N/A E.L DISEASE-EAEMPLOYEE E 100,000 (Mandatory In NMI Iryssdesnisemker E DISEASE-POLICY LIMIT E 500 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS IVEHICLES (Anson ACORD 101,Additional RemaAs SchsA,Ie.B momapace is required) CERTIFICATE HOLDER CANCELLATION City of Boston SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 Ashborn Place THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Boston MA ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION.All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD - Directions to the Academy at Taunton FROM THE NORTH: From 1-95 South take 495 South (Exit 6A). Follow 495 South to Exit 9 (Bay Street). At the end of the ramp follow the signs for the Industrial Park Road. You want to stay on Bay Street do not go into the Industrial Park. You will go through several sets of lights (passing a BJ's, Ruby Tuesdays, and Wendy's all on your left). The academy is about 1 1/4 miles from the exit. The sign is clearly marked 1380 Bay Street (you will see a public safety trailer when you enter the parking area). Once you have checked in with the security guard you will proceed to the 911 building — You will see the 911 sign on the side of the wall in back of the building. Take a left to PARK anywhere in the circular lot. FROM BOSTON: Take the Expressway (93 South) to Exit 4 / Route 24 South. Take 24 South to 495 North (Exit 14B). Take 495 North to Exit 9 (Bay Street) At the end"bf'the-ramp follow the.signs for the Industrial Park Road. You want to stay on Bay Street do not go into the Industrial Park. You will go through several sets of lights (passing a BJ's, Ruby Tuesdays, and Wendy's all on your left). The academy is about 1 1/4 miles from the exit. The sign is clearly marked 1380 Bay Street (you will see a public safety trailer when you enter the parking area). Once you have checked in with the security guard you will proceed to the 911 building — You will see the 911 sign on the side of the wall in back of the building. Take a left to PARK anywhere in the circular lot. All visitors must stop at the main entrance and sign in and you will be given directions where to park at the 911 Training Building. LOOK FOR BUILDING "B" THAT IS WHERE THE BBRS APPEALS HEARINGS WILL BE HELD. Handicap parking is available around the circle near the building and the front entrance is at the circle via the handicap ramp. Hydraulically Calculated System III Hydraulically Calculated System This system as shown on LVR Cop •emasshwon LamNOTES: company pdnl no doled ThissystI -�--� 1 for 2NDFLOCR1 O O company print no 711 dated 1. ALL WORK PER PLANS, SPECS. , S. F. D. , NFPA 13R, & 780 CMR. ! at contract no N/A I for 2HDFLOOR 2. ALL VALVES, FITTINGS AND EQUIPMENT TO BE UL/FM APPROVED. 1 j I z8ALEMsm eo,eaotta N/A 3. ALL SPRINKLERS, FITTINGS, SWITCHES AND VALVES TO COMPLY WITH { Is designed to discharge etarete of gpm I I--_-.- .= „ , 0 PROJECT SPECIFICATI❑NS. �� - I is designed to discharge ata mte of T6 gpm (umin)persgn(m2)otnoorareaoveramarimumareaot o � �� 4. ALL TAMPER, WATER-FLOW, AND LOW-PRESSURE SWITCHES SHALL BE PR❑VIDED & I 4REMOTE WADS ! (umin)persgft(m2)offloorrareaoveramaxmwmamaof INSTALLED BY SPRINKLER CONTRACTOR, WIRING SHALL BE BY OTHERS, 0sgft(m2)when supplied I , "3-1 lt4' 1!6' �riJ 1$' 1'6' 1$' I�' ! I I with water at the rate of RE M _ ~~ ~ ~ when supplied 9um{umin) x ,3-9 4 5-7 ao - = � 9-11 � 6-2 � 4t�oTE>•EADS sq 5. PIPING IN BASEMENT T❑ BE STEEL. LLI ! �IVREST y Pr___._ _ wdnwateratthemteot�9Dm(Lhnm) PIPING IN FIRST AND SECOND FLOORS TO BE CPVC. 0" 0 29 at �-`� psi(bars)at the base of the riser r--� r-- t� 6. UNDERGROUND PIPE SHALL BE 2' TYPE ' K' COPPER BY OTHERS. Hose stream allowance of�9pm(un*) ll� , i--� ; ., at 0. psi (bars oFthe riser r 7, MECH; TEE OUTLETS ❑N MAINS T❑ DE GROOVE-❑-LETS.Hose stream allowanceof gpm(Umvr) 8. MAINS TO BE EQUIPPED WITH CONNECTIONS TO FACILITATE FLUSHING.is included in the above. ; r sloeJnal i da- I is included in the above. 9. HANGER SPACING, TYPE AND L❑CAT]IONS T❑ COMPLY WITH N. F. P. A. 13. 23ALEMST Occupancy classRcaVan I � I t ! 10. TAMPER SWITCHES TO BE MOUNTED ❑N TOPSIDE ❑F VALVES.I • .a, Occ ncyclassfieatlon RESDBNIML 4✓} d , -t,. �} commodity classification N/A ill _� I �,r "pa 11. ALL NEW PIPING TO BE TESTED AT 200 P, S. I. FOR 2 ( TWO) HOURS, /V\J ,. .... u �t .w. Maximum storage height N/A IiF RESIfNdCIM �` ,v Commodity classification NIA 12. MATERIAL AND TEST CERTIFICATES T❑ BE FORWARDED TO FIRE DEPT. FDC -- I1 I I +� N/A AND OWNER UPON COMPLETION OF TESTING. Installed by -�� LVR Cofporaifon I I Maximum storage herctM I ;I a { I LVRC)orporalia, 13. SPRINKLER CONTRACTOR SHALL WARRANTEE AND CERTIFY ONLY THEIR WORK. t r o o I I IT— ----T 1 meed nr —� ?E M I R E"T ;� o 0 14. INSPECTOR' S TEST CONNECTI❑NS, LOWP❑INT AND AUX. DRAINS SHALL BE PROVIDED AS REQUIRED _ I' f �, 15. SEISMIC BRACING IS TO BE INSTALLED IN ACCORDANCE WITH CMR 780. —� Hydraulically Calculated System I s3 Ir I� I 16. PARTIAL SPRINKLER SYSTEM PER NFPA 13R AND NFPA 13 REQUIREMENTS. !!! This system as sham on FLVFt CcrP• 127 .� r Ll PIPING THIS LEVEL L CPVC I company pont no �dated i cx , , FP-, 4-8 } ' , ! SITE PLANT �0 for 2ND fiOCR HALLWAY � - —' — at contract no ! I AL1ALLSHEADS AALREA SCALE: AS SHOWN �'�`''�" FLOW TEST SYMBOLS j is designed to discharge at a rate of OS gpm 1 1 (Umin)persgft(m2)of 800rarea overs maximumarea of SECOND FLOOR l OO PLAN FIRE DEPARTMENT CONNECTION C IV I-L\,J R L/11V STATIC[ 82 P.S.I. .�. 4 FIEw-rE HEADS sq It(m2)when supplied 2 SCALE: 118"=1'-0" RESIDUAL[ 77 P.S.I. I`ve withwaterattherateof �gpm(umin) O 1 RISER I of 425 psi(bars)at the base of the riser FL❑Wt 1250 G.P.M 2.70103 Hose stream allowance of gpm(umin) — — --- -- ---j I BACKFLOW PREVENTER D -�--- � ---T--, AT: SALEM ST s NOTE: SPRINKLERS is included in the above. �_�,_ PROVIDE ELECTRIC BELL I BA NS I� j BATH DATE: 27 APR 07 ELBOW Occupancy clessiFlcation < MOUNTED IN AREA OF F.D.C. - �dl I NS ELEV. 0.0 D4 FDccHEcxvALVE j Commodity classiliimbion N/A BY: C.F.D. 10 DENOTES HYDRAULIC REFERENCE POINT TEST AND DRAIN VALVE Maximum storage height N/A n j I INFORMATION S NO SPRINKLERS THIS ROOMIAREA Installed by LVRCorporaHon ( I j PROVIDED BY � BUTTERFLY FLOWSWITCH O O I O Ir O ! Q APEX FIRE I VALVE T MPR BUTTERFLY — P 7TOFDC I PROTECTION 4 Ts rs Fs WATERFLOWAfARMSWITCH X10" SORTT SS~ l I I S SWITCH VALVE WITH 4/ V/\J/ 4 TAMPER SWITCH TAMPER SWITCH I � � t t I I '--- 1i <@> Hceil _810 I i l WATTS 007 TEE 'N BACKFLOW i0 r----�G �. r TO CLDI PREVENTER m m`v CONNECT CHECK VALVE PIPE STAND U.G. WITH BALL GRIP o r I �1— I i L__—..J l i i .. I j I n- O i0 O ^ r- <@> T r- YOHERS OIJyp L----J ----' iI i I SPRINKLER VALVE AREA IDE TAIL • : W I2 L__J L_J I SCALE:NONE i � � I i�' y ± � I PIPING THIS LEVEL CPVC � HARDENED HEX HEAD SELF THREADING SCREW ALL HEAD'S THIs IS"°� HARDENED HEX HEAD SELF THREADING SCREW IS FURNISHED WITH THE HANGER AND IS THE COACH SCREW ROD I FIRST FLOOR PLAN IS MINIMUM IFASTENER HSTHE HANGER IZE ACCEP ABL D IS THE MINIMUM FASTENER SIZE ACCEPTABLE r, SCALE: 1r$"=r-0" ® ® CEILING PLATE (DPTIDNAL3 1, RDD COUPLING f EI Ns „ „ BALL THREAD ROD Tna T s s I NS t r-PIPE RING iNS I NS I 'l I iIii < ---------------------- i FIGURE 22 - CPVC HANGERO FIGURE 23 - CPVC HANGER HANGER DETAIL CPVC SINGLE FASTENER STRAP TYPE HANGER 7Cd CPVC DOUBLE FASTENER STRAP TYPE HANGER NOT TO SCALE c: Heeifq,=T-1" I �i ii I - °fie NS j MINIMUM FASTENER SIZE ACCEPTABLE HEX NUT & FLOoft� _ O ( LAG BOLT & `FLAT WASHER _,------------------ i SIDE BM BRACKET ------ ------------- - Nceilq = 3 I f BALL THREAD RDD PIPE RING L--- <@> f -LL EATING tr ( ®i -------- - - -_ iSALL HEA1A TOLCO FIG. 25 IS DESIGNED TO BE USED ONLY j! Hcellq.=6 9 fFroca IS"0Fr <@> <@> S i a= WITH TOLCO BAND HANGERS FIG. 200 AND 2NFPA All HANGER DETA1L I TO AS IT OCCURS DURINGIN THE ASPRNRD OKLEREHEADNT F PIPE TIL TANK { j 1• 2' NOT TO SCALE uj ACTIVATION OR SEISMIC ACTIVITY cF � CPVC DOUBLE FASTENER STRAP TYPE HANGER v> 1===yJ I , QS l 2' TYPE 'K' COPPER UG SERVICE TOLCO FlG. 25 SURGE RESTRAINER w ti� HBRY ® O FIGURE 24 - CPVC HANGER ® TYPE 1 - FOR 1" AND 1-1/4" PIPE AND HANGER SHbF A Sq� l . _ n O FIGURE 25 — CPVC HANGER ® TYPE 2 — FOR 1-1/2" AND 2" PIPE AND HANGER ? , 1$' 2 F- u n - �f 3 10-6 N 1-� PIPWG THIS L EVEIL STEEL FOR STEEL OR CPVC PLASTIC PIPE a 8 g LAWRE E V FIRE P,OTECTION 6 38913 0 BASEMENT FLOOR PLAN SINGLE 2$' FDC INSTALL HEAD GUARDS } Q $ B ALL HEADS W o9 eGfNAEP� ® CALE: 1l8"=1'-0" UNFINISHED SP'ACES �Fd�SyoNAL ENG SCALE 1/B'=1'-0' , General Notes Number of Sprinklers Drawing FIRE PROTECTION SPRINKLER FLOOR PLAN Job: b ® 2006 LVR Corporation Total This Sheet Total This Job Maximum Title SALEM ST GTS ,-� LVR Corporation 1. All Pipe Locations are to be Field Measured Prior to Fabrication Symbol Description Coverage Revisions: Date: J� and Installation by Sprinkler Contractor. This Engineered Fire Protection Plan, Drawn By: M.Thompson 1 and all other associated reports, plans, 0 4 (1/2',K=5.6) VICTAULIC V2704 OR UPRIGHT, BRASS (155'F) 130 SF REVISED PER OWNER 12-9-08 21 SALEM ST Fire Protection and Mechanical Systems 2• All dimensions shown are center to center unless otherwise noted. specifications, computer files, field data, ® {, (1/2',K=56) VIKING V457 RES.CONCEALED PENDENT, WHITE (155'F) 20X20 __._ ---1 jJ FPS-1 notes and other documents and Checkerd By: L.Roy SALEM, MA. 01970 r- r 1 31 High Temperature Heads are to be Field Located where Required. instruments prepared by LVR -47 (1!2',K=5.6) VICTAULIC V2710 HSW, WHITE (155'F) 130 $8 Foundry Street Corporation as instruments of service 419 (1/2',K=4.2) VICTAULIC V2738 RESIDENTIAL HSW, WHITE (155`F) 1GX18 4. All Pipes and Hangers are to be Installed per NFPA 13. shall remain the Contractor. Wakefield,MA 01880 pp # property of LVR Scale: vs'=1-0 Corporation. They may not be used or LVR CORP. Tel:(781)245-91888 5. Hangers are to be U.L, lasted / F.M. Approved. reproduced without expressed written Fax:(781)246-0330 6. Owner to provide adequate heat to protect water filled pipe from freezing. concent of LVR Corporation. LVR Date: 12-9-08 88 FOUNDRY ST. Corporation shall retain all common www.lvrcorp.com law, statutory and other reserved rights, including the copyright thereto. Approval By: S.F.D WAKEFIELD, MA. 01880 SHEET 1OF 1 - - I I I