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19-21 SALEM STREET - BUILDING JACKET " =' �-" I . !Pd7-e. , 01i�5��d6„y� � L�b �� c,�i AGO✓��, ��5 J � v .��.+�.� Certificate No: 650-08 Building Permit No.: 650-08 Commonwealth of Massachusetts h> City of Salem Building Electrical Mechanical Pernuts This is to Certify that the BUSINESS located at Dwelling Type 17 SALEM STREET in theCITY 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 q GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ----- -V e- -�-- � --- --- ��-� QTY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET 3" FLOOR TEL. (978)745-9595 F KIMBERLEY DRISCOLL FAX(978)740-9846 MAYOR THomAS STTIERRE 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. Thos St.Pierre �/ am WAe, Building Commissioner/Director of Inspectional Services . . . Fire Protection by Computer Design �P�SN SS yc S LAWR CE V Gm� c OY LVR Corporation f1RE 0 ECTION 88 Foundry Street -o , 0 38913 o 4 I Wakefield MA 01880 9a Q/Q EPS 781-245-9888 SS/OVAL Job Name 21 SALEM ST. Building 21 SALEM ST Location SALEM MA System 2ND FLOOR Contract Data File FP-1-Salem St. 2nd Flr Rev 1.WX2 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 LVR Corporation Page 1 21 SALEM ST. Date 12-9-08 HYDRAULIC DESIGN INFORMATION SHEET Name - 21 SALEM STREET Date - 12-9-08 Location - SALEM MA Building - 21 SALEM ST System No. - 2ND FLOOR Contractor - Contract No. - Calculated By - M THOMPSON Drawing No. - 1 Construction: (X) Combustible ( ) Non-Combustible Ceiling Height 9 OCCUPANCY - RESIDENTIAL S Type of Calculation: ( )NFPA 13 Residential (X)NFPA 13R ( )NFPA 13D Y Number of Sprinklers Flowing: ( ) 1 ( )2 (X)4 ( ) S ( )Other T ( )Specific Ruling Made by Date E M Listed Flow at Start Point - 14 Gpm System Type Listed Pres. at Start Point - 11.5 Psi (X) Wet ( ) Dry D MAXIMUM LISTED SPACING 16 x 20 ( ) Deluge ( ) PreAction E Domestic Flow Added - Gpm Sprinkler or Nozzle S Additional Flow Added - 100 Gpm Make VICTAULIC Model V2738 I Elevation at Highest Outlet - 30 Feet Size 112" K-Factor 4.9 G Note: Temperature Rating N Calculation Gpm Required 205.9 Psi Required 72.4 At Test Summary C-Factor Used: Overhead 150 Underground 150 4,-,alJ.�J• W' Water Flow Test: Pump Data: Tank or Reservoir: �A Date sof, Test - 4-27-07 Rated Cap. Cap. TTime of-'Test - 10:15AM @ Psi Elev. j E ` Static .(Psi) - 82 Elev. R Residual (Psi) - 77 Other Well Flow.'(Gpm)r - 1250 Proof Flow Gpm S Elevation .- - 0 P Location:r SALEM ST P y,_ L •Sourde" of Information: Y Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Water Supply Curve (C) LVR Corporation Page 2 21 SALEM ST. Date 12-9-08 City Water Supply: Demand: C1 - Static Pressure : 82 D1 - Elevation 8.662 C2 - Residual Pressure: 77 D2-System Flow 105.66 C2 - Residual Flow 1250 D2-System Pressure 72.438 Hose (Adj City) Hose ( Demand ) 100 D3-System Demand 205.66 Safety Margin 9.385 150 140 130 p 120 R 110 E 100 S 90 C1 S 80 D2 U 70 R 60 E 50 40 30 20 10 D1 200 400 600 800 1000 1200 1400 1600 1800 FLOW ( N ^ 1.85) Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Fittings Used Summary LVR Corporation Page 3 21 SALEM ST. Date 12-9-08 Fitting Legend Abbrev. Name % '% 1 1'/. 1% 2 2% 3 3'h 4 5 6 8 10 12 14 16 18 20 24 E 90'Standard Elbow 2 2 2 3 4 5 6 7 8 10 12 14 18 22 27 35 40 45 50 61 G Generic Gate Valve 0 0 0 0 0 1 1 1 1 2 2 3 4 5 6 7 8 10 11 13 T 90'Flow thru Tee 3 4 5 6 8 10 12 15 17 20 25 30 35 50 60 71 81 91 101 121 Zwa Watts 007 Fitting generates a Fixed Loss Based on Flow Units Summary Diameter Units Inches Length Units Feet Flow Units US Gallons per Minute Pressure Units Pounds per Square Inch Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Pressure / Flow Summary - STANDARD LVR Corporation Page 4 21 SALEM ST. Date 12-9-08 Node Elevation K-Fad Pt Pn Flow Density Area Press No. Actual Actual Req. 35 20.0 4.2 38.66 na 26.11 0.1 260 20.5 36 20.0 4.2 38.32 na 26.0 0.1 260 20.5 37 20.0 4.2 39.82 na 26.5 0.1 260 20.5 38 20.0 4.2 41.45 na 27.04 0.1 260 20.5 39 20.0 39.2 na 34 20.0 39.34 na 40 20.0 39.49 na 41 20.0 41.03 na 42 20.0 42.71 na 33 20.0 43.19 na 14 10.0 48.36 na 11 10.0 50.29 na 10 10.0 52.79 na TOR 3.0 57.03 na BOR 3.0 57.54 na BKF 3.0 63.87 na TEST 0.0 72.44 na 100.0 The maximum velocity is 16.9 and it occurs in the pipe between nodes 42 and 33 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Final Calculations - Hazen-Williams LVR Corporation Page 5 21 SALEM ST. Date 12-9-08 Hyd. Qa Dia. Fitting Pipe Pt Pt Ref. "C" or Ftng's Pe Pv ******* Notes Point Qt Pf/Ft Eqv. Ln. Total Pf Pn 35 26.11 1.101 1 E 3.825 1.000 38.661 K Factor=4.20 to 150.0 0.0 3.825 0.0 39 26.11 0.1115 0.0 4.825 0.538 Vel = 8.80 0.0 26.11 39.199 K Factor= 4.17 36 26.00 1.101 1 T 9.563 1.000 38.322 K Factor=4.20 to 150.0 0.0 9.562 0.0 40 26.0 0.1106 0.0 10.562 1.168 Vel= 8.76 0.0 26.00 39.490 K Factor= 4.14 37 26.50 1.101 IT 9.563 1.000 39.822 K Factor=4.20 to 150.0 0.0 9.562 0.0 41 26.5 0.1146 0.0 10.562 1.210 Vel = 8.93 0.0 26.50 41.032 K Factor= 4.14 38 27.04 1.101 IT 9.563 1.000 41.451 K Factor=4.20 to 150.0 0.0 9.562 0.0 42 27.04 0.1189 0.0 10.562 1.256 Vel = 9.11 0.0 27.04 42.707 K Factor= 4.14 39 26.11 1.598 0.0 8.000 39.199 to 150.0 0.0 0.0 0.0 34 26.11 0.0181 0.0 8.000 0.145 Vel = 4.18 34 0.0 1.598 0.0 8.000 39.344 to 150.0 0.0 0.0 0.0 40 26.11 0.0182 0.0 8.000 0.146 Vel= 4.18 40 26.00 1.598 2E 11.656 12.000 39.490 to 150.0 0.0 11.656 0.0 41 52.11 0.0652 0.0 23.656 1.542 Vel = 8.34 41 26.51 1.598 0.0 12.000 41.032 to 150.0 0.0 0.0 0.0 42 78.62 0.1396 0.0 12.000 1.675 Vel = 12.58 42 27.04 1.598 0.0 2.000 42.707 to 150.0 0.0 0.0 0.0 33 105.66 0.2410 0.0 2.000 0.482 Vel = 16.90 33 0.0 2.003 0.0 10.500 43.189 to 150.0 0.0 0.0 4.331 14 105.66 0.0802 0.0 10.500 0.842 Vel= 10.76 14 0.0 2.157 IT 12.307 10.500 48.362 to 120.0 0.0 12.307 0.0 11 105.66 0.0845 0.0 22.807 1.928 Vel = 9.28 11 0.0 2.157 2T 24.613 5.000 50.290 to 120.0 0.0 24.613 0.0 10 105.66 0.0846 0.0 29.613 2.504 Vel = 9.28 10 0.0 2.157 1E 6.153 8.090 52.794 to 120.0 0.0 6.153 3.032 TOR 105.66 0.0845 0.0 14.243 1.204 Vel = 9.28 TOR 0.0 2.157 0.0 6.000 57.030 to 120.0 0.0 0.0 0.0 BOR 105.66 0.0845 0.0 6.000 0.507 Vel = 9.28 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Final Calculations - Hazen-Williams LVR Corporation Page 6 21 SALEM ST. Date 12-9-08 Hyd. Qa Dia. Fitting Pipe Pt Pt Ref. "C" or Ftng's Pe Pv ******* Notes ****** Point Qt Pf/Ft Eqv. Ln. Total Pf Pn BOR 0.0 2.157 1Zwa 0.0 4.000 57.537 to 120.0 0.0 0.0 6.000 * Fixed loss=6 BKF 105.66 0.0845 0.0 4.000 0.338 Vel= 9.28 BKF 0.0 1.959 2E 10.241 50.000 63.875 to 140.0 1T 10.241 21.506 1.299 TEST 105.66 0.1016 1G 1.024 71.506 7.264 Vel = 11.25 100.00 Qa = 100.00 205.66 72.438 K Factor= 24.16 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 CI IMA dk . . . Fire Protection by Computer Design LVR Corporation 88 Foundry Street Wakefield MA 01880 781-245-9888 Job Name 21 SALEM ST. Building 21 SALEM ST Location SALEM MA System 2ND FLOOR MRA Contract Data File FP-1-Salem St. 2nd Fir Revl.WX1 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 LVR Corporation Page 1 21 SALEM ST. Date 4 Jun 07 HYDRAULIC DESIGN INFORMATION SHEET Name - 21 SALEM STREET Date - 12-9-08 Location - SALEM MA Building - 21 SALEM ST System No. - 2ND FLOOR MRA Contractor - Contract No. - Calculated By - M THOMPSON Drawing No. - 1 Construction: (X) Combustible ( ) Non-Combustible Ceiling Height 9 OCCUPANCY - RESIDENTIAL S Type of Calculation: ( )NFPA 13 Residential (X)NFPA 13R ( )NFPA 13D Y Number of Sprinklers Flowing: ( ) 1 ( )2 (X) 4 ( ) S )Other T ( ) Specific Ruling Made by Date E M Listed Flow at Start Point - 14 Gpm System Type Listed Pres. at Start Point - 11.5 Psi (X) Wet ( ) Dry D MAXIMUM LISTED SPACING 16 x 20 ( ) Deluge ( ) PreAction E Domestic Flow Added - Gpm Sprinkler or Nozzle S Additional Flow Added - 100 Gpm Make VICTAULIC Model V2738 I Elevation at Highest Outlet - 30 Feet Size 1/2" K-Factor 4.9 G Note: Temperature Rating N Calculation Gpm Required 161.9 Psi Required 50.5 At Test Summary C-Factor Used: Overhead 150 Underground 150 W Water Flow Test: Pump Data: Tank or Reservoir: A Date of Test - 4-27-07 Rated Cap. Cap. T Time of Test - 10:15AM @ Psi Elev. E Static (Psi) - 82 Elev. R Residual (Psi) - 77 Other Well Flow (Gpm) - 1250 Proof Flow Gpm S Elevation - 0 P Location: SALEM ST P L Source of Information: Y Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Water Supply Curve (C) LVR Corporation Page 2 21 SALEM ST. Date 4 Jun 07 City Water Supply: Demand: C1 -Static Pressure : 82 D1 - Elevation 12.993 C2 - Residual Pressure: 77 D2 -System Flow 61.938 C2 - Residual Flow 1250 D2-System Pressure 50.515 Hose (Adj City) Hose ( Demand ) 100 D3- System Demand 161.938 Safety Margin 31.371 150 140 130 p 120 R 110 E 100 S 90 C1 S 80 U 70 R 60 D2 E 50 40 D 30 20 10 200 400 600 800 1000 1200 1400 1600 1800 FLOW ( N ^ 1.85) Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Fittings Used Summary LVR Corporation Page 3 21 SALEM ST. Date 4 Jun 07 Fitting Legend Abbrev. Name Y, % 1 1% 1'/ 2 2% 3 3'/: 4 5 6 8 10 12 14 16 18 20 24 E 90'Standard Elbow 2 2 2 3 4 5 6 7 8 10 12 14 18 22 27 35 40 45 50 61 G Generic Gate Valve 0 0 0 0 0 1 1 1 1 2 2 3 4 5 6 7 8 10 11 13 T 90'Flow thru Tee 3 4 5 6 8 10 12 15 17 20 25 30 35 50 60 71 81 91 101 121 Zwa Watts 007 Fitting generates a Fixed Loss Based on Flow Units Summary Diameter Units Inches Length Units Feet Flow Units US Gallons per Minute Pressure Units Pounds per Square Inch Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Pressure / Flow Summary - STANDARD LVR Corporation Page 4 21 SALEM ST. Date 4 Jun 07 Node Elevation K-Fact Pt Pn Flow Density Area Press No. Actual Actual Req. 51 30.0 4.2 11.11 na 14.0 0.1 140 7.0 52 30.0 4.2 11.66 na 14.34 0.1 140 7.0 27 30.0 4.9 11.32 na 16.49 0.1 130 7.0 53 30.0 11.48 na 28 30.0 4.9 12.19 na 17.11 0.1 130 7.0 29 30.0 14.11 na 30 30.0 16.73 na 34 30.0 21.88 na 33 30.0 25.97 na 14 10.0 35.3 na 11 10.0 36.01 na 10 10.0 36.94 na TOR 3.0 40.42 na BOR 3.0 40.61 na BKF 3.0 46.51 na TEST 0.0 50.52 na 100.0 The maximum velocity is 13.02 and it occurs in the pipe between nodes 29 and 28 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Final Calculations - Hazen-Williams LVR Corporation Page 5 21 SALEM ST. Date 4 Jun 07 Hyd. Ca Dia. Fitting Pipe Pt Pt Ref. "C" or Ftng's Pe Pv ******* Notes ****** Point Qt Pf/Ft Eqv. Ln. Total Pf Pn 51 14.00 1.101 1T 9.563 1.000 11.111 K Factor=4.20 to 150.0 0.0 9.562 0.0 53 14.0 0.0352 0.0 10.562 0.372 Vel = 4.72 0.0 14.00 11.483 K Factor= 4.13 52 14.34 1.101 1T 9.563 1.000 11.659 K Factor= 4.20 to 150.0 0.0 9.562 4.331 54 14.34 0.0367 0.0 10.562 0.388 Vel = 4.83 0.0 14.34 16.378 K Factor= 3.54 27 16.49 1.394 1 T 9.523 1.000 11.324 K Factor=4.90 to 150.0 0.0 9.523 0.0 53 16.49 0.0151 0.0 10.523 0.159 Vel = 3.47 53 14.00 1.394 0.0 12.000 11.483 to 150.0 0.0 0.0 4.331 54 30.49 0.0470 0.0 12.000 0.564 Vel = 6.41 0.0 30.49 16.378 K Factor= 7.53 28 44.83 1.394 0.0 1.500 12.191 K Factor=4.90 to 150.0 0.0 0.0 4.331 54 -44.83 -0.0960 0.0 1.500 -0.144 Vel= 9.42 0.0 -44.83 16.378 K Factor= -11.08 29 -61.94 1.394 0.0 11.000 14.111 to 150.0 0.0 0.0 0.0 28 -61.94 -0.1745 0.0 11.000 -1.920 Vel = 13.02 0.0 -61.94 12.191 K Factor= -17.74 30 -61.94 1.394 0.0 15.000 16.730 to 150.0 0.0 0.0 0.0 29 -61.94 -0.1746 0.0 15.000 -2.619 Vel = 13.02 0.0 -61.94 14.111 K Factor= -16.49 30 61.94 1.394 1T 9.523 20.000 16.730 to 150.0 0.0 9.523 0.0 34 61.94 0.1745 0.0 29.523 5.153 Vel = 13.02 34 0.0 1.598 3E 17.484 28.000 21.883 to 150.0 0.0 17.484 0.0 33 61.94 0.0898 0.0 45.484 4.083 Vel = 9.91 33 0.0 2.003 1 E 4.29 10.500 25.966 to 120.0 0.0 4.290 8.662 14 61.94 0.0451 0.0 14.790 0.667 Vel = 6.31 14 0.0 2.157 1T 12.307 10.500 35.295 to 120.0 0.0 12.307 0.0 11 61.94 0.0315 0.0 22.807 0.718 Vel = 5.44 11 0.0 2.157 2T 24.613 5.000 36.013 to 120.0 0.0 24.613 0.0 10 61.94 0.0315 0.0 29.613 0.932 Vel = 5.44 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Final Calculations - Hazen-Williams LVR Corporation Page 6 21 SALEM ST. Date 4 Jun 07 Hyd. Qa Dia. Fitting Pipe Pt Pt Ref. "C" or Ftng's Pe Pv ******* Notes Point Qt Pf/Ft Eqv. Ln. Total Pf Pn 10 0.0 2.157 1E 6.153 8.090 36.945 to 120.0 0.0 6.153 3.032 TOR 61.94 0.0315 0.0 14.243 0.448 Vel= 5.44 TOR 0.0 2.157 0.0 6.000 40.425 to 120.0 0.0 0.0 0.0 BOR 61.94 0.0315 0.0 6.000 0.189 Vel = 5.44 BOR 0.0 2.157 1Zwa 0.0 4.000 40.614 to 120.0 0.0 0.0 5.772 * Fixed loss = 5.772 BKF 61.94 0.0315 0.0 4.000 0.126 Vel = 5.44 BKF 0.0 1.959 2E 10.241 50.000 46.512 to 140.0 1T 10.241 21.506 1.299 TEST 61.94 0.0378 1G 1.024 71.506 2.704 Vel = 6.59 100.00 Qa = 100.00 161.94 50.515 K Factor= 22.78 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Fire Protection by Computer Design LVR Corporation 88 Foundry Street Wakefield MA 01880 781-245-9888 Job Name 21 SALEM ST. Building 21 SALEM ST Location SALEM MA System 2ND FLOOR HALLc�W3 Contract Data File FP-1-Salem St. 2nd Fir HallwayRevl.WX2 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 LVR Corporation Page 1 21 SALEM ST. Date 4 Jun 07 HYDRAULIC DESIGN INFORMATION SHEET Name - 21 SALEM STREET Date - 12-9-08 Location - SALEM MA Building - 21 SALEM ST System No. - 2ND FLOOR HALL Contractor - Contract No. - Calculated By - M THOMPSON Drawing No. - 1 Construction: (X) Combustible ( ) Non-Combustible Ceiling Height 9 OCCUPANCY - RESIDENTIAL S Type of Calculation: ( )NFPA 13 Residential (X)NFPA 13R ( )NFPA 13D Y Number of Sprinklers Flowing: ( ) 1 ( )2 (X)4 ( ) S ( )Other T ( )Specific Ruling Made by Date E M Listed Flow at Start Point - 14 Gpm System Type Listed Pres. at Start Point - 11.5 Psi (X) Wet ( ) Dry D MAXIMUM LISTED SPACING 20 x 20 ( ) Deluge ( ) PreAction E Domestic Flow Added - Gpm Sprinkler or Nozzle S Additional Flow Added - 100 Gpm Make VICTAULIC Model V457 I Elevation at Highest Outlet - 30 Feet Size 1/2" K-Factor 4. 9 G Note: Temperature Rating N Calculation Gpm Required 158.4 Psi Required 42.4 At Test Summary C-Factor Used: Overhead 150 Underground 150 W Water Flow Test: Pump Data: Tank or Reservoir: A Date of Test - 4-27-07 Rated Cap. Cap. T Time of Test - 10:15AM @ Psi Elev. E Static (Psi) - 82 Elev. R Residual (Psi) - 77 Other Well Flow (Gpm) - 1250 Proof Flow Gpm S Elevation - 0 P Location: SALEM ST P L Source of Information: Y Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Water Supply Curve (C) LVR Corporation Page 2 21 SALEM ST. Date 4 Jun 07 City Water Supply: Demand: C1 -Static Pressure 82 D1 -Elevation 12.993 C2 - Residual Pressure: 77 D2 -System Flow 58.481 C2 - Residual Flow 1250 D2 -System Pressure 42.450 Hose(Adj City) Hose ( Demand ) 100 D3 -System Demand 158.481 Safety Margin 39.440 150 140 130 P 120 R 110 E 100 S 90 C1 S 80 U 70 R 60 E 50 D2 40 30 D 20 10 200 400 600 800 1000 1200 1400 1600 1800 FLOW ( NA1.85) Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Fittings Used Summary LVR Corporation Page 3 21 SALEM ST. Date 4 Jun 07 Fitting Legend Abbrev. Name '% '% 1 1%. 1% 2 2'h 3 3% 4 5 6 8 10 12 14 16 18 20 24 E 90'Standard Elbow 2 2 2 3 4 5 6 7 8 10 12 14 18 22 27 35 40 45 50 61 G Generic Gate Valve 0 0 0 0 0 1 1 1 1 2 2 3 4 5 6 7 8 10 11 13 T 90'Flow thru Tee 3 4 5 6 8 10 12 15 17 20 25 30 35 50 60 71 81 91 101 121 Zwa Watts 007 Fitting generates a Fixed Loss Based on Flow Units Summary Diameter Units Inches Length Units Feet Flow Units US Gallons per Minute Pressure Units Pounds per Square Inch Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Pressure / Flow Summary - STANDARD LVR Corporation Page 4 21 SALEM ST. Date 4 Jun 07 Node Elevation K-Fact Pt Pn Flow Density Area Press No. Actual Actual Req. 27 30.0 4.9 8.16 na 14.0 0.1 140 7.0 53 30.0 8.28 na 28 30.0 4.9 8.43 na 14.23 0.1 140 7.0 29 30.0 -4.9 8.88 na 14.6 0.1 140 7.0 30 30.0 4.9 10.2 na 15.65 0.1 140 7.0 34 30.0 14.84 na 33 30.0 18.51 na 14 10.0 27.77 na 11 10.0 28.42 na 10 10.0 29.25 na TOR 3.0 32.69 na BOR 3.0 32.86 na BKF 3.0 38.72 na TEST 0.0 42.45 na 100.0 The maximum velocity is 12.29 and it occurs in the pipe between nodes 30 and 34 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Final Calculations - Hazen-Williams LVR Corporation Page 5 21 SALEM ST. Date 4 Jun 07 Hyd. Qa Dia. Fitting Pipe Pt Pt Ref. "C" or Ftng's Pe Pv """` Notes Point Qt Pf/Ft Eqv. Ln. Total Pf Pn 27 14.00 1.394 1T 9.523 1.000 8.163 K Factor=4.90 to 150.0 0.0 9.523 0.0 53 14.0 0.0112 0.0 10.523 0.118 Vel = 2.94 53 0.0 1.394 0.0 12.000 8.281 to 150.0 0.0 0.0 4.331 54 14.0 0.0111 0.0 12.000 0.133 Vel= 2.94 0.0 14.00 12.745 K Factor= 3.92 28 -14.00 1.394 0.0 1.500 8.431 K Factor=4.90 to 150.0 0.0 0.0 4.331 54 -14.0 -0.0113 0.0 1.500 -0.017 Vel = 2.94 0.0 -14.00 12.745 K Factor= -3.92 29 -28.23 1.394 0.0 11.000 8.880 K Factor=4.90 to 150.0 0.0 0.0 0.0 28 -28.23 -0.0408 0.0 11.000 -0.449 Vel = 5.93 0.0 -28.23 8.431 K Factor= -9.72 30 -42.83 1.394 0.0 15.000 10.203 K Factor=4.90 to 150.0 0.0 0.0 0.0 29 -42.83 -0.0882 0.0 15.000 -1.323 Vel = 9.00 0.0 -42.83 8.880 K Factor= -14.37 30 58.48 1.394 1T 9.523 20.000 10.203 to 150.0 0.0 9.523 0.0 34 58.48 0.1570 0.0 29.523 4.634 Vel = 12.29 34 0.0 1.598 3E 17.484 28.000 14.837 to 150.0 0.0 17.484 0.0 33 58.48 0.0807 0.0 45.484 3.671 Vel = 9.35 33 0.0 2.003 1 E 4.29 10.500 18.508 to 120.0 0.0 4.290 8.662 14 58.48 0.0406 0.0 14.790 0.600 Vel = 5.95 14 0.0 2.157 1T 12.307 10.500 27.770 to 120.0 0.0 12.307 0.0 11 58.48 0.0283 0.0 22.807 0.646 Vel = 5.13 11 0.0 2.157 2T 24.613 5.000 28.416 to 120.0 0.0 24.613 0.0 10 58.48 0.0283 0.0 29.613 0.838 Vel = 5.13 10 0.0 2.157 1 E 6.153 8.090 29.254 to 120.0 0.0 6.153 3.032 TOR 58.48 0.0282 0.0 14.243 0.402 Vel = 5.13 TOR 0.0 2.157 0.0 6.000 32.688 to 120.0 0.0 0.0 0.0 BOR 58.48 0.0283 0.0 6.000 0.170 Vel = 5.13 BOR 0.0 2.157 1Zwa 0.0 4.000 32.858 to 120.0 0.0 0.0 5.748 ' Fixed loss= 5.748 BKF 58.48 0.0282 0.0 4.000 0.113 Vel = 5.13 BKF 0.0 1.959 2E 10.241 50.000 38.719 to 140.0 1T 10.241 21.506 1.299 TEST 58.48 0.0340 1G 1.024 71.506 2.432 Vel = 6.22 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 Final Calculations - Hazen-Williams LVR Corporation Page 6 21 SALEM ST. Date 4 Jun 07 Hyd. Ca Dia. Fitting Pipe Pt Pt Ref. "C" or Ftng's Pe Pv """' Notes **"" Point Qt Pf/Ft Eqv. Ln. Total Pf Pn 100.00 Qa = 100.00 158.48 42.450 K Factor= 24.32 Computer Programs by Hydratec Inc. Route 111 Windham N.H. USA 03087 I Q �) TRESTROOM I O OZT 10" scFlTr 6,- i i i i RES?P.0 `/ I �L FH ceifg.-112'-10" I (DL I II y i I t i f i L___J 0 10 0 RESTROt I S i L----J Q 75 -- , I 75 Hcei!g.=8'-2 ' i Hceilg.=T-0 O r--z r—'t - i II i REST.ROC O I OL i L----J I A—� --'a ' L I t 0 10 O � I —J I I i I ! 1 --i ! 75 LI U 11 t I II � O I Q y I I I i f _j U _ UP © S Rn �I uP B I � s ! O ' l le II tU 11 _ WP SPRINKLED BELL 24V FIRST FLOOR PLAN SECOND FLOOR PLAN SCALE 114"=1'-0" SCALE 114"=1'-0" t TO NEXT INITIIATING DEVICE { cUAss A" RETUN RECESSED JBOX R 2#14 FISHED ABOVE CEILING .i 16-2 FISHED 6 I Di I I FLUSH DETECTOR f I i { I �, TYPICAL FLUSH MOUNT I ji ii /—STEEL BEAK' ( -------------------- ------- --- ---- —; FLOOR TYPICAL I I Hceilg.-T-4 I � PULL STATION MOUNTING CEILING MOUNT DETECTOR ` NOT TO SCALE I � Hceilg.=7•_1•. ., NOT TO SCALE uY t I Hceilg.._ ' I ii f L----- I Er SYS T& I R SURFACE IN EMT IN WHS/MFG ______________ _ —, - --------------- I (2) 14-2 FP FISHED IN CEILING 2 114 0 NEXT UNITE OR TO EOL uv+rP CEILING iL TANK I t r— i t UP I i { @L_J � - ADA APPROVED HORN/STROBE • 2 FLUSH MOUNT i SPRINKLER 80" U.O.N. L BASEMENT FLOOR PLAN TYPICA SCALE 114"=T-O" FLOOR j STANDARD HORN f STROBE (A f V) MOUNTING NOT TO SCALE of ,� i � s9cy RE E V Gm R Y IRE P TEC ION P N 3891 O Q 90,x. /S7 �• X44. 6 S/ON L ENC' w�IV- Mawr Symbols Drawing FIRE ALARM SYSTEM Job: - Symbol Description Title SALEM ST. Revisions: Date: Contract No. 21 SALEM STREET L VR Corporation SALEM, MA 01970 Drawn By A A PROFESSIONAL ENGINEERS 88 Foundry StreetIFAm 1 CONSTRUCTION SERVICES Scale AS NOT Contractor. Wakefield, MA 01880 „ , Tel: (781)245-9888 Date SEPTEMBER 13, 2007 Fax: (781) 246-0330 www.lvrcorp.com Approval By LVR SYSTEM DESCRIPTION FIRE ALARM RISER LEGEND FIRE ALARM SYMBOLS FIRE ALARM NOTES THE FIRE ALARM SYSTEM TO BE INSTALLED INICLUDES THE FOLL❑WING EQUIPMENT AND FEATURES: Qj MUST BE (GROUNDED TO A DRIVEN GROUND FM MTI MONITOR MODULE 1, ALL FIRE ALARM SYSTEM WIRING SHALL COMPLY WITH THE GROUND RIOD OR A COLD WATER PIPE ON NATIONAL ELECTRICAL CODE, APPLICABLE STATE AND LOCAL 1, FIRE ALARM CONTROL PANEL (ADDRESSABLE) THE STREIET SIDE OF A MAIN SHUTOFF FIRE AND SAFETY CODES, AS WELL AS BEING COORDINATED 2. KNOX BOX VALVE. TAMPER SWITCH WITH THE LOCAL AUTHORITY HAVING JURISDICTION. TS 3. ADA COMPLIANT AUDIO-VISUAL INDICATING DEVICES THROUGHOUT BUILDINGS Q 16 CHANNIEL RADIO MASTER BOX 2. CAUTION+ DO NOT CONNECT ANY POWER TO CONTROL 4. SPRINKLER SYSTEM SUPERVISION 2 PER FIRE DEPARTMENT REQUIREMENTS. PANEL (BATTERIES OR 120VAC) UNTIL ALL OTHER FIELD 5. LOCAL SMOKE DETECTION IN DWELLING AREA. FS FLOW SWITCH WIRING IS TESTED AND CONNECTED, 6. PULL STATIONS AT ALL BUILDING EXITS 7, NOTIFICATION OF FIRE ALARM OR TROUBLE TO FIRE DEPARTMENT THROUGH CENTRAL DIALER. Q3 CLASS 'A" ADDRESSABLE LOOP 3. DO NOT INSTALL ANY A.C. CURRENT CARRYING CONDUCTORS CLOSE TO OR IN THE SAME RACEWAY WITH FIRE ALARM 8. EXTERIOR WEATHERPROOF HORN STROBE. Eii, SPEAKER/STROBE; FCI OR APPROVED SYSTEM CONDUCTORS. DEDICATEDEQUAL; 80" AFF; ADA APPROVED THE SYSTEM EQUIPMENT SHALL BE AS MANUFACTURERED BY FCI, NOTIFIER, SIMPLEX, OR EDWARDS. A 120VAC FROM ELECTRICAL PANEL LOCKABLE 75 4. THE ENTIRE FIRE ALARM SYSTEMS SHALL BE CONVENTIONAL SYSTEM, U.O.N. DESIGNATES CANDELLA RATING; 15 MANUFACTURERED BY NOTIFIER, EDWARDS, SIMPLEX OR APPROVED EQUAL, SYSTEM SHALL MEET ALL BUILDING REQUIREMENTS OF THE MASSACHUSETTS STATE' CIRCUIT ;BREAKER PAINTED RED, CANDELLA IF N❑ DESIGNATION. ALL FIRE ALARM SYSTEM DEVICES SHALL BE ADA APPROVED, BUILDING CODE 780 CMR, 6TH EDITION. 5, ALL OUTPUT (SIGNAL) CIRCUITS ARE SHOWN IN ALARM CONDITION. SEQUENCE OF OPERATIONWp EXTERIOR WEATHERPROOF H❑RN/STR❑BE POLARITY IS REVERSED WHEN THE SYSTEM IS IN THE SUPERVISORY EXACT LOCATION AND HEIGHT CONDITION. OPERATION OF MANUAL STATION ❑R ACTIVATION OF ANY AREA SYSTEM SMOKE DETECTOR, FLOW W P PER FIRE DEPARTMENT. THE ❑ 6. OWNER TO PROVIDE I DESIGNATIONS FOR DEVICES PROGRAMMING I LANGUAGE.C ALARM INITIATING DEVICE SHALL E SPRINKLER SWITCH, THERMAL DETECTOR, OR ANY AN AUTOMATICALLY: a STROBE, 80" AFF, ADA APPROVED, 15 7, REFER TO FLOOR PLANS FOR EXACT LOCATIONS AND QUANTITY !I OF ALL DEVICES, 1. ACTIVATE A CODE 3 EVACUATION TONE OVER ALL AUDIO CIRCUITS WHITHIN TH'E BUILDING. WIRING REQUIREMENTS — KEY LEGEND CANDELLA; FCI OR APPROVED EQUAL 8. ALL TERMINAL CABINETS & FIRE ALARM CONTROL PANELS 2. FLASH ALL VISUAL SIGNALS THROUGHOUT THE BUILDING. SHALL BE KEYED ALIKE, 3. FLASH AN ALARM LED AND SOUND AN AUDIBLE SIGNAL AT THE FACP. UPON ACKNOWLEDGMENT, ADDRESSABLE LOOP - 16 O 1 /2 TSP OR PER MFG FACP FIRE ALARM CONTROL PANEL WITH BATTERY 9. THE ALARM LED SHALL LIGHT STEADILY AND THE AUDIBLE SHALL SILENCE, SUBSEQUENT ALARMS BACKUP; NOTIFIER, FCI, EDWARDS OR ALL MANUAL PULL STATIONS SHALL BE KEYED ALIKE. PROVIDE ALL AVAILABLE AKEYS TO THE OWNER. SHALL RE-INITIATE THIS SEQUENCE. O HORN/STROBE CIRCUITS - 14/2 FPL APPROVED EQUAL 10. FIRE ALARM CONTRACTOR SHALL FIELD VERIFY THE LENGTHS AND FEASIBILITY 4. INITIATE THE TRANSMISSION OF AN ALARM TO THE FIRE DEPARTMENT, VIA CENTRAL STATION. � _ 1=1 DIGITAL UL DIALER TO FIRE DEPARTMENT OF ALL ROUTING BEFORE BEGINNING WORK, 5, VISUALLY INDICATE THE ADDRESSABLE DEWICE OR CIRCUIT OF ALARM INITIATION IN PLAIN 11, ALL JUNCTION BOX COVERS IN THE FIRE ALARM SYSTEM SHALL BE PAINTED RED, ENGLISH VIA THE 80 CHARACTER LCD DISIPLAY AT THE FACP. BY THE FIRE ALARM CONTRACTOR, BEFORE THEY ARE INSTALLED. 6. ACTIVATE THE OUTSIDE WEATHERPROOF HORN-STROBE. ADDRESSABLE MANUAL PULL STATION 48" AFF 12. ALL DEVICES SHALL BE FLUSH MOUNTED UNLESS OTHERWISE APPROVED BY OWNER. 13. ALL EQUIPMENT SHALL BE UL LISTED AND/OR FM APPROVED, OS ADDRESSABLE SYSTEM SMOKE DETECTOR 14, ELECTRICAL SUBCONTRACTOR SHALL INSTALL ALL WIRING TO THE EIRE ALARM ` CONTROL PANELS; TERMINATIONS TO FACP's SHALL BE MADE BY THE FIRE ALARM SUPPLIER OR UNDER SUPERVISION OF A REPRESENTATIVE FROM THE FIRE ALARM MANUFACTURER. REMOTE ADDRESSABLE ANNUNCIATOR 15. GROUND ALL EQUIPMENT PER RE.C. REQUIREMENTS, KNOX BOX 16, ALL PERMITS AND INSPECTION FEES SHALL BE OBTAINED AND PAID) FOR BY THE SEE FLDDR PLANS FOR BY THE FIRE ALARM CONTRACTOR, HORN/STROBE OL FOR LOCATION/QTY - S S S S & S F F , CIRCUIT OF INDICATING DEVICES. EOL END OF LINE RESISTOR 7. 1 ALL CUTTING PATCHING AND CORE DRILLING FOR FIR L L L L , E ALARM SYSTEMS INSTALL IN TERMINAL CABINET SHALL BE THE RESPONSIBILITY OF THE ELECTRICAL CONTRACTOR. FIRE SEAL ALL NEW ELECTRICAL PENETRATIONS IN FLOORS AND WALLS. SPRINKLER BELL 24V 18. THE LOCATIONS OF ALL SMOKE DETECTORS ADDRESSABLE HEAT DETECTOR SHOWN ARE CONSIDERED TO BE SCHEMATIC ONLY, THE ACTUAL 2ND FLOOR O LOCATIONS (SPACING TO ADJACENT DETECTORS, WALLS ETC.) ARE FIXED TEMPERATURE - F P,EQUIRED TO MEET NEPA 72, SEE FLOOR PLANS 'K7 N7 VN7 HORN/STROBE QL FOR LOCATION/QTY OS ADDRESABLE SYSTEM SMOKE DETECTOR CIRCUIT OF INDICATING DEVICES. L W/AUDIBLE PROGRAMMED FOR TROUBLE: ALL F S S S SMOKE LOCAL DETECTOR AUDIBLE CONCURRENT (ALTERNATE: INTERCONNECTED LOCAL j WP 120V SMOKE DETECTOR D EXTERIOR HORN/STROBE FACP Q SPRINKL'ER BELL 24V i `\ , EMERGENCY LIGHT, CHLORIDE OR APPROVED EQUALEXACT LOCATION AND p HEIGHT PER FIRE DEPT. GENERAL NOTES. EXIT LIGHT, CHLORIDE OR APPROVED EQUAL 1. ALL CONTROL AND MONITOR MODULES 120\ TPD r SHALL BE LOCATED AS HIGH AS Q L I i EMERGENCY LIGHT, EXIT COMBINATION POSSIBLE WHERE EXPOSED. I I 1ST FLOOR I I 2. FIRE ALARM CONTROL PANELS I I SHALL BE LOCKABLE, KEYED ALIKE. ` i I I SEE FLOOR PLANSI I 3. REFER TO PLANS FOR QUANTITY OF DEVICES. HORN/SCIRCUIT OF OL OFFND CATING DEVICES. M I MMII M H F S S F DO NOT REFER TO RISER FOR DEVICE QUANTITY. 1 I 4. EXACT LOCATION OF ALL FIRE ALARM DEVICES TS FS LPS AND PANELS SHALL TO BE FIELD APPROVED BASEMENT 2x BY ENGINEER PRIOR TO INSTALLATION. MAIN 5. PROVIDE ALL EQUIPMENT, WIRING, ACCESSORIE'S AND OTHER SYSTEM APPURTENANCES AS REQUIRED FOR A COMPLETE AND OPERABLE FIRE ALARM SYSTEM, PER CODE, REGARDLESS OF WHETHER OR NOT INCLUDED IN THESE DRAWINGS AND SPECIFICATIONS. FIRE ALARM RISER — ADDRESSABLE LAW EN a NOT TO SCALE - DIAGRAMMATICNo 8 � Q 1313 N � 9 913 � F �8T�PE f /ONAL EAG j i Symbols Drawing FIRE ALARM SYSTEM Job: Symbol Description Title SALEM ST. Revisions: Date: 21 SALEM STREET LVR Corporation Contract No: SALEM, MA 01970 e Drawn By A.A PROFESSIONAL ENGINEERS 88 Foundry Street Contractor. CONSTRUCTION SERVICES Scale AS NOTED Wakefield, MA 018 Waeed, 80 FA�2 Tel: (781) 245-9888 Date SEPTEMBER 13, 2007 Fax: (781) 246-0330 www.lvrcorp.com Approval By LVR II _ l Ch e/ z �OJ!7/17149LE'E/E'e2%liG�'i ��/J��G�iCI��'L'QPi�.G� Deval L Patrick a�la0 7�7� _ Thomas G.Gatzunis,P.E - Governor _ {�/ iC�'i 4e�a�iCa Commissioner Timothy P.Murray Thomas P.Hopkins Lieutenant Governor r7"am 617�7aelf Director Kevin M.Burke - w .mass.govldps Secretary TO: Local Building Inspector Variance Number: og o95 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: St. Jean's_House/Sober House 7- 21 Salem Street Date: 6/16/2009 Enclosed please find the following material regarding the above location: _Application for Variance Decision of the Board V 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. e/1I�!/ �G+�1l/�1Z011%�G4J�E�Gif;�Gfli O�e/�Q�GZ�i.iE(�d� aS�,ceae. r:.0orr.� •= d,� �� 9f� .ma��o Devai L Patrick OOd&m" e.�. daamde . emey lew Thomas G.Gatmnis,P.E. Governor - �f/ 6ri Commissioner Timothy P.Murray �/(iC�O-fLb �1i�-/Ly Thomas P.Hopkins Lieutenant Governor e7-Ot8 67/ /-0665 Director _ Kevin M.Burke - - DOCKET#: O"gs.govicips NOTICE OF ACTION Secretary y RE: St.Jean's HouselSober House, 17-21 Salem Street Salem 1. A request for a variance was filed with the Board by James Rissling, Architect (Applicant) on May 29, 2009 The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board: Section: Description: 26.6.1 Petitioner seeks relief from having to provide an entry door to the lobby and vertical wheelchair lift that provides access to the dormitory on the second floor. See plan #3 of 4 28.1 Petitioner proposes to use a vertical wheelchair lift to provide access for persons with disabilities. The lift will comply with 521 CMR Section 28.12.2 et seq. 45.4.4 Petitioner seeks to provide two levels of counter height 45.7 Petitioner seeks to install a pantry cabinet in lieu of having to lower all of the upper cabinets. 2. The application was heard by the Board as an incoming case on Monday, June 15, 2009 3. After reviewing all materials submitted to the Board, the Board voted as follows: The Board voted to schedule a hearing on this matter. Your hearing notice is enclosed. The Board further requires that the petitioner work with the City of Salem to find a shared common solution so the access to the three retail spaces can be achieved 'utilizing the variance process of the Board as well as the"license agreement process"that has been forwarded to both parties. The analysis of those possibilities must be submitted to the Board no later than July 13, 2009. PLEASE NOTE:All documentation (written and visual) verifying that the conditions of the variances have been met'must be submitted to the AAB Office as soon the work is completed. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. TN Date: June 16, 2009 ARCHITECTURAL ACCES OARD cc: Local Disability Commission Chairperson' Local Building Inspector Independent Living Center Devai L.Patrick -"---- Thomas G.Gatzunis,P.E. Governor (�/ �iy yls�O�'�'O Commissioner Timothy P.Murray ✓/�[iOfLb Thomas P.Hopkins Lieutenant Govemor J 617,7270665 Director _ Kevin M.Burke w .mass.govldps Secretary VARIANCE HEARING 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, July 27, 2009 at 2:00 P.M. at One Ashburton Place, 21st Floor, Boston, MA 02108 This hearing is upon an application for variance filed by: James Rissling; for modification of or substitution of the following Rules and Regulations: 26.6.1, 28.1, 45.4.4, and 45.7 A copy of the request is available for public inspection during regular business hours. You should be aware that the burden of proof is upon the applicant requesting a variance to prove that compliance is either: 1. technologically infeasible or; 2. the cost of compliance is excessive without substantial benefit to a person with a disability. 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. Also, please note that all attendees will be asked to turn off all cell phones and pagers while the Board is in session. ARCHITECTURAL ACCESS BOARD Date: June 16, 2009 44W r11- . Chairperson cc: Local Building Inspector Independent Living Center Local Disability Commission 12/09/205,8 MOH 10: 16 FAX 978 921 6553 0002/003 s CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KI4UEKUL YUIUSCOU MAYUR Ill)��A.tili1NGTON$Till;P]'�SnI,EM.M.UBACItU5t5r1'S 01970 Tzu 978-745-9595 4 FAX!978-740-9846 October 9, 2008 Mr. Michael Viola 4 Butterfield Road Saugus, Ma.01906 RE: 19-21 Salem Street Dear Mr. Viola, As 1 stated in an August 5, 2008 letter(copy attached)to Edward Nilsson, Architect responding to a code review for a new beauty salon to occupy space in the above building formerly occupied by a storefront church the application is rejected for the following reasons: 1.Mr,Nilsson's letter regarding code issues addresses only the beauty salon tenant space being altered and not the building as a whole. Over the last two years this entire mixed- use building has been substantially renovated, albeit without proper permits. 2. Under section 3400.3.1 of 780 CMR,this building does not qualify for review under Article 34 because outstanding violations have been cited by this office.The owner has been cited for creating a Rooming House (Use Group 1-1 as defined in 308.1 of 780CMR) in violation of Building and Zoning Codes. 3. A fire suppression system is required for the entire building under 780 CMR 904.2 and MGL chapter 148 26A and 26G which requires sprinkler systems in substantially renovated buildings over 7,500 sf in area, (the subject Building is approximately 10,200 sf) Refer also to 780CMR 3400.3.1 and Official Interpretation 45-96 in appendix B of 780 CMR which discusses this requirement at length. 4. Section 3.3.2 and 3.5 of 521 CMR(MAAB Regulations) require that the entire building be made fully accessible, if, as we believe,the cost of renovations in the past 3 years exceeds 30% of the building's value. We will not issue any permits for work at this address until plans, prepared and stamped by licensed professionals, of the entire building, indicating fire ratings of structural elements, enclosure of exits, separations between tenants, work required to address 521 CMR regulations and calculations and plans for a fire suppression system for the entire building have been submitted and reviewed and a permit application filed by licensed construction supervisor. 12/08/2008 HON 10: 16 FAX 978 921 4553 ®003/003 CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KMUMLLY Dl4SCOLL MAYOR 120 WAS[LIFGrON,STRP,47• SAL7iM,MAasncuvs=-01970 Tuv.978-745.9595 4 PAX:978-740-9846 You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards and/or the Sprinkler Appeals Board and/or the Massachusetts Architectural Access Board. Sincerely, Thomas McGrath,AIA Assistant Building Inspcctor cc! file, Fire Prevention,Electrical Dept., Legal Dept, AFFIDAVIT OF MICHAEL VIOLA I, Michael Viola, state the following: 1 . I am the owner of the property at 17-23 Salem Street, Salem Massachusetts . 2 . On or about August 10, I received a copy of a letter addressed to my architect, Edward Nilsson, dated August 5, 2008, which he had received from Thomas McGrath, Assistant Building Inspector of the City of Salem. That letter denied an application for building permit which my architect had submitted for the construction of a beauty salon in the first floor of my property. I had previously received a building permit to construct a convenience store in the first floor at the opposite end of the building. 3 . Because the letter was addressed to my architect and not to me I requested that my attorney ask for a similar letter addressed to me so that I could file an appeal with the State Building Code Appeals Board. 4 . Some time later I received a copy of the same August 5, letter from the City addressed to my architect . I again asked my attorney to request that the City direct the letter to me. Up to today, December 10, 2008, I have not received such a letter. 5 . My attorney has today provided me a copy of a letter dated October 9, 2008, which was faxed to him by the City' s attorney. The letter is addressed to me at 4 Butterfield Road, Saugus, MA 01906, my home address . I never received this letter. The first time I have seen this letter is today, December 10, 2008, when it was shown to me by my attorney. Signed under the pains and penalties of perjury the 10th day of December, 2008 . Michael Vic1a Structures North �PVM 60 Washington St IA 0197 O O Salem,MA 07970 w .structures-north.com CONSULTING ENGINEERS, INC. T 978.745,6817 1 F 978745,6067 Rafael Belis To: 21 Salem Street Phone: 978-594-5475 Salem, MA 01970 From: Stephanie Davis Re: Request for Structural Engineering Work to be Performed on an Hourly Basis for 21 Salem Street,Salem MA Date: 11 May 2011 Pages: 2(including Terms&Conditions) The following structural engineering services have been requested to be performed on an hourly basis: 1) Description: �� n1� 2YISA t�,� qeo W) Review the existing structure to determine required reinforcing for a-aevFepeaiag""jin an &*a" brick wall. 2) Scope of Work: • Provide initial site visit to observe the location of the future opening. • Provide recommendations for support of the wall above to remain. • Project manual for suggested repairs Any required detail drawings will be generated in AutoCAD format or hand-drawn and general notes will be provided in the form of outline specifications. We will provide Adobe Portable Document Files (PDFs) for the release of digital drawings and/or notes. The above tasks will be completed for a total fee of 500 to be paid in advance. Any additional services, when requested by you, will be performed on an hourly basis and will be authorized by you in advance. Terms and Conditions: The attached Structures North Consulting Engineers, Inc. —Terms and Conditions are a part of this agreement. By initialing and attaching the terms and conditions, the client herby acknowledges and agrees to these conditions. Your formal authorization is requested. If this work will be paid for by other than the recipient, please forward this authorization form to,be signed and dated. Signed, dated, and returned fax (or mailed original) will constitute your authorization for us to proceed with the work described above. Aut o I To al Amount Authorized: Title/Organization: D to e Attachments: Terms and Conditions i 4 ' May 2011 STRUCTURES NORTH CONSULTING ENGINEERS.INC.—TERMS AND CONDITIONS SCOPE OF SERVICES: Engineer,as representative of Client,shall perform the Basic Services described REIMBURSABLE EXPENSES: Reimbursable expenses shall be billed at ane-point-ane (1.1)times in the onached Proposal. Engineer makes no warranty,either expressed or implied,as to Engineer's Engineer's actual expense. Reimbursable expenses include but are not limited to:reproduction;shipping; findings, recommendations, plans, specifications, or professional advice. Engineer will perform the photographs;parking;tolls;mileage;hotel;travel;and meals. services pursuant to generally accepted standards of practice in effect at the time of performance. Services provided by Engineer under this Agreement will be performed in a manner consistent with that CHANGES OR DELAYS: Unless the accompanying Proposal provides otherwise,the proposed lees degree of rare and skill ordinarily exercised by members of the some profession currently practicing constitute Engineer's estimate to perform the services required to complete the Project. Required under similar circumstances. services often are not fully definable in The initial planning;accordingly,developments may dictate a change in the scope of services to be performed. Where this occurs,changes in the Agreement shall be If Engineer's Proposal includes the performance of On Site Observation services,then: Engineer shall negotiated and an equitable adjustment shall be made. An Additional Services Contract will be submitted visit the project of appropriate intervals during construction to became generally familiar with the to Client. No additional services will be performed by Engineer without written authoritarian from Client progress and quality of Contractors' work and to determine it the work is proceeding In general actordance with the structural drawings and specifications prepared by Engineer. (lient has not retained Costs and schedule commitments shall be subject to renegotiation for unreasonable delays caused by Engineer to make detailed inspections or to provide exhaustive or continuous project review and Client's failure to provide specified facilities,direction,or information,or if Engineer's failure to perform observation services. Engineer shall not, during such visits or as a result of any observations of is due to any act of God,labor trouble,fire,inclement weather,act of governmental authority,failure of construction,supervise,direct or have control over Contractors work nor shall Engineer have authority transportation,accident,power failure,or interruption or any other cause beyond the reasonable control over or responsibility for The equipment, means, methods, techniques, sequences, or procedures of of Engineer. Temporary work stoppage caused by any of the above may result in additional cost beyond construction selected by Contractors or health and safety pretautions and programs Incident to the work that outline in the accompanying Proposal. of Contractors or any failure of Contractors to comply with laws,rules,regulations,ordinances,(odes,or orders applicable to Contractors furnishing and performing their work. Engineer does not guarantee the BILLINGS/PAYMENTS: Invoices for Engineer's services shall be submitted at Engineer's option,either performance of the construction contract by Contractors and does not assume responsibility for upon completion of such services or on a periodic basis. Invoices are due upon receipt,and with 0 Contractors'failure to furnish and perform their work in accordance with the drawings and specifications. maximum of 30 calendar days. If the invoice is not paid within thirty(60)days,Engineer may,without waiving any claim or right against Client,and without liability whatsoever to Client,terminate or suspend If Engineer's Proposal includes the Review of Contractors'Submittals,then: Engineer shall review shop the performance of the service. In the event any portion or all of an account remains unpaid 90 days after drawings, samples,and other data which(onrractors are required to submit,but only for the limited billing,Client Shull pay all costs of collealon,including reasonable attorney's fees. purpose of checking for conformance with the structural design concept of the Project and compliance with the information given in the structural drawings and specifications. Such review or other actions shall not LATE PAYMENTS: Accounts unpaid thirty(60)days atter the invoice dole may he subject to o monthly extend to accuracy at completeness of details,erection aids,quantities,dimensions,weights or gouges, service charge of 1.5 percent on the then unpaid balance(18.0 percent true annual rote),of the sole fabrication processes,coordination with other trades,equipment,means,methods,techniques,sequences election of Engineer. In the event any portion or all at an account remains unpaid ninety(901 days after or procedures of manufacture(including the design at manufactured products)of construction,or to health billing,Client shall pay all costs of collection,including all reasonable attorney fees. and safety precessions and programs incident thereto. Engineer's review or other anions,as described above,shall not constitute approval of an assembly or product of which an Item Is a component,nor shall MUTUAL INDEMNIFICATION: Engineer agrees,to the fullest extent permitted by low,to indemnify it relieve Contractors of(a)their obligations regarding review and approval of any such submittals;and and hold harmless Client,its officers,directors,and employees(collectively,Client)against all damages, (b) their exclusive responsibility for the equipment, means, methods, sequences, techniques and liabilities or casts, including reasonable attorneys fees and defense costs to the extent caused by procedures of construction,including safety of construction. Engineer's review shall he conducted with Engineer's negligent performance of professional services under this Agreement and that of its reasonable promptness while allowing sufficient time in Engineer's judgment to permit adequate review. suhconsultants or anyone for whom Engineer is legally liable. Engineer shall not be responsible for any deviations from the Contract Documents not highlighted in writing to Engineer from Contro(tar. Engineer shall not he required to review partial submissions, Client agrees,to the fullest extent permitted by law,to indemnity and hold harmless Engineer,its officers, incomplete submissions,submittals that are grossly incorrect or non-responsive,submittals for which directors,employees,and suhconsultants(calledively,Engineer)against all damages,liabilities or casts, submissions of correlating items have not been received,or submittals not reviewed and approved by including reasonable attorneys'fees and defense costs,to the extent caused by Client's negligent ons in Contractor. If a submittal is not duly ac(epsahle after its second submission, the client shall he connection with the Project and the ons of its contractors,subcontractors,or consultants or anyone for responsible for all increased casts including,without limitation,for increased professional fees based on wham Client is legally liable. rales per our lee schedule. Neither Client nor Engineer shall he obligated to indemnify the other party in any manner whatsoever for HIDDEN CONDITIONS: A condition is hidden if concealed by existing finishes or it not capable of the other party's negligence. investigation by reasonable visual observation. If the Engineer has reason to believe that such o condition may exist,The Client shall authorize ad pay for all tests associated with the investigation of CERTIFICATIONS: Engineer shall not he required to execute any document that would result in its such o condition. If(I)the Client fails to authorized such investigation after due notification,or(9)the certifying,guaranteeing,or warranting the existence of conditions whose existence the Engineer cannot Engineer has no reason to believe that such a condition exists,the Engineer shall not he responsible for ascertain. the existing condition nor any resulting damages to persons or property. TERMINATION OF SERVICES: Either Cltent or Engineer may terminate this Agreement at any time HAZARDOUS MATERIALS: It is acknowledged by both parties that Engineer's scope of services does with or without cause upon giving the other party seven(IO)calendar days prior written notice. (hear not include any services related to asbestos,lead,mold or other hazardous or toxic materials. In the shall within thirty(30)calendar days of termination pay Engineer for all services rendered and all costs event Engineer or any other party encounters asbestos or other hazardous or toxic materials at the incurred up to the date of termination,in accordance with she compensation provisions of this Agreement, jabsife,or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of Engineer's services,Engineer may,of his option and APPLICABLE LAWS: This Agreement shall he governed and construed to a(tordante with the laws of without liability for consequential or any other damages,suspend performance of services on the project the Commonwealth of Massachusetts. Any litigation arising in any way from this Agreement shall be until Client retains appropriate specialist(onsultanl(s)or coniroctor(s) to identify,abate and/or remove brought in the Courts of that State. the asbestos or hazardous or toxic materials, and warrant that the jobsite is in full compliance with applicable laws and regulations. LIMITATION OF LIABILITY: To the fullest extent permitted by low,and not withstanding any other provision of this Agreement,the total liability,in the aggregate,of Engineer and Engineer's officers, OWNERSHIP OF DOCUMENTS: All documents produced by Engineer under this Agreement shall disasters, partners, employees, agents and subconsultants, and any of them, to Client and anyone remain the property of Engineer and may not be used by this Client for any other purpose without the claiming by,through or under Client,for any and all dorms,lasses,costs,or damages of any nature written consent of Engineer. whatsoever arising out of,resulting from or in any way related to the Proje(f or the Agreement from any muse or causes,including but not limited to the negligence,professional errors or omissions, strict DISPUTE RESOLUTION: Any dorms or disputes made during design,construction,or post-construction liability,breach of contract or warranty,express or implied,of Engineer or Engineer's officers,directors, between Client and Engineer shall be submitted to non-binding mediation. employees,agents or sub(onsultants,or any of them,shall not exceed the total compensation received by Engineer under this Agreement,the total amount of$5,000(whichever is greater),or another amount FEE: Where the fee arrangement is to be on an hourly basis,the rates shoji be those that prevail of the agreed upon when indicated under Special Conditions or in The body of the proposal letter. time services are rendered. Engineers standard rate sheets are available upon request. v � Client Initials: ONDIT CITY OF SALEM, MASSACHUSET7-, .4, uF �h�EM., MA BOARD OF APPEAL CLERK' S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL ,:T�Q� JAN I'9 'A 1-0: 12 MAYOR January 18, 2007 Michael Viola 4 Butterfield Road Saugus,MA 01906 RE: 17-19 Salem Street Dear Mr.Viola: The Salem Zoning Board of Appeals met on Wednesday,January 17, 2007 to discuss the application for the special permit petition for 17-19 Salem Street. As you or your representative were not present, and had not notified the Board of a request to continue the item, the Board was forced to act within the statutory 100 day period for a Zoning Variance. The Board decided by a unanimous vote (5-0) to approve a Withdrawal Without Prejudice for the project site. This will allow the petitioner to re-apply to the Board without having to wait the statutory 2-year period for a new petition. While it is unfortunate that the Board was forced to take this action,it was required by state law to avoid constructive approval. If you would like to re-apply to the Zoning Boar of Appeals,please contact Sally Murtagh in the Building Department. If you have any questions or require further information, please feel free to contact me in the Department of Planning& Community Development at (978) 619-5685. Sincerely, DanielJ. erhalski Staff Planner Cc: Cheryl LaPointe, City Clerk BRUCE T. MACDONALD ATTORNEY AT LAW 678 MASSACHUSETTS AVENUE SUITE 901 CAMBRIDGE,MASSACHUSETTS 02139-3355 TELEPHONE (617)354-1711 FACSIMILE (617)354-5749 April 21, 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: I enclose corrected page nine of my April 19, 2008 letter to you. Very truly yours, Bruce cdonald BTM:tf Encl. CC: Jerald A. Parisella, Esq. Alexander & Femino One School Street Beverly, MA 01915 a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMMIU-CY DRISCOLL MAYOR 120 WASHINGTON S1 REPT* $A1.P.M,MASSACFIUSE:19'S 01970 Tel.:978-745-9595 ♦ FAx:978-740-9846 Revocation of Certificate of Occupancy January 28, 2008 Michael Viola 4 Butterfield Road Saugus, MA 01906 R1Sa—lem tret, SalMS— Dear Mr. Viola; It has come to the attention of this office that the allowed Residential Unit that was recently granted a Permit to Occupy is now being used as a Lodging House. A response by the Salem Police Department this past weekend to a Sober House located at this address has been forwarded to this office. The Operation of a Boarding House (as defined in Chapter 3, Section 310.2 of 780 CMR, the State Building Code) is a building arranged or used for lodging for compensation, with or without meals, and not occupied as a single unit. This Department was very clear on the allowed use of this property when the C of O was granted. The current use of this property is in violation of both the State Building Code and the Salem Zoning Ordinance. The City if Salem Building Department is revoking the Certificate of Occupancy for this property, effective immediately. You have the right to Appeal to this action to the State Board of Building Regulations and Standards, located at 1 Ashburton Place in Boston. Sincerely, /Joph E. Barbea , Jr. Assistant Building Inspector/ Local Inspector CC: file, Mayor's Office, Fire Prevention, Police Dept., Health Dept., City Solicitor's Office, Councilor McCarthy Certificate No: 614-07 Building Permit No.: 614-07 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the BUSINESS located at --------------------------------------------------- Dwelling Type 0017 SALEM STREET in the CITY OF SALEM ------------ - - - - ----------------- - -------------- - - ------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR UNIT # 3 (OFFICE USE ONLY) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires . .....................__ __. ------ unless sooner suspended or revoked. Expiration Date ci '�Il i. ----------- Issued On: Mon Feb 11,2008 i �J2Y1`cc 2r�� ------------- GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ----------------------------------------------------"-"-"""""""""-------------- S r III/��.• �� • �nnJJ YSpYE ♦G CITY OF SALEM BUILDING PERMIT 17 SALEM STREET 650-08 GIs# 451 1 i�MaI'.t 34 COMMONWEALTH OF MASSACHUSETTS ? Block , ti �� CITY OF SALEM Lot 0322 Category:- REMODEL �Pernut# 650-08 BUILDING PERMIT Project JS-2008-000949 Est. Cost: $30,000.00 Fee Charged: Balance Due: PERMISSION IS HEREBY GRANTED TO: Const Class: Contractor: License: Expires Use Group:, V T CONSTRUCTION ILot Slze(sq.ft � Zonme: __!" IR3Owner: VIOLA MICHAEL_ — jUnits Gained: Applicant: VIOLA MICHAEL Units Lost AT: 17 SALEM STREET } § Safe#: ISSUED ON: 10-Dec-2007 AMENDED ON. EXPIRES ON. 10-Jun-2008 TO PERFORM THE FOLLOWING WORK. REHAB 2ND FLOOR POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas ' Plumbin2 Building Underground: Underground: , Underground: — IExcavatimr i _ w Service: Meter: ///�� G lyf` Footings: Rough: Rough-160/1 �?_��11 Roughi� (� i� Foundation: FinFinal: L�� Final:�� • Rough Frame: G Fireplace/Chimney: D.P.W. Fire Health Insulation;`/? Meter: do i Find+^) House H in T,'rjfcurv: .. Water: no V Sewer: ,. S rinklers:.{-.�+ THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON O ,,1TIN OF ANY OF ITS gwrr,o r'- RULES AND REGULATIONS. I'l t Signature: _ gall fc�r permit to ®ccupY GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. Q. V36VF AO CITY OF- SALEM _ RT T.TT DT T p-F-PMTT, _- _ a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBCRL.ry 13R1SCO1.1. 1I1AYOR 120 WASHINGTON$TRrrT ♦ SALIiM,1IIASSACHUSB"115 01970 '1$[.:978-745-9595 ♦Fax:978-740-9846 September 9, 2009 Mr. Michael Viola 4 Butterfield Road 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(I)family only. Family: 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. 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 goNolrq.,�� CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT n 120 WASHINGTON STREET, 3RD FLOOR fF SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 po�P FAX 978-740-9846 KIMBERLEY DRISCOLL MAYOR May 21, 2008 Bruce T. Macdonald, Esq. 678 Massachusetts Ave., Suite 901 Cambridge, MA 02139-3355 Dear Mr. Macdonald: I am writing to respond to your letter of April 19, 2008 and our meeting May 7, 2008, regarding your request for a reasonable accommodation under the Federal Fair Housing Act. Pursuant to your request, you are seeking a reasonable accommodation "in zoning, and building code rules, policies, and practices, by allowing twenty-two handicapped individuals to reside at 17-23 Salem Street in the same manner as twenty-two biologically related individuals would be allowed." For your information, the premises is located in an R-3 Zoning District. Lodging Houses are not allowed in this district pursuant to the Zoning Ordinance, see Section 5-2. Also, in Salem, the definition of family in the Ordinance is: "One 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." Therefore, the Viola's current operation of a lodging house at its present location is in violation of the Salem Zoning Ordinance. The Viola's have also failed to obtain a lodging house license. At this time, your client continues to operate his business without a certificate of occupancy from the City. It is my understanding that your position is that my department should grant a reasonable accommodation to your clients because they operate a "sober house" for handicapped individuals, i.e. recovering substance abuse users who are not current users of illegal drugs or alcohol. For me to provide your clients with a reasonable accommodation, I must first receive from you or your clients sufficient evidence to demonstrate that the residents of the Violas' facility are handicapped as defined in the Fair Housing Act. If I receive such evidence, then I am willing to make a reasonable accommodation regarding zoning and allow eight individuals to reside at 17-23 Salem Street at one time (your clients still must obtain a lodging house license from the Licensing Board). Because the facility is located in a densely crowded area of the City with limited off- street parking, I would also require that no more 2 vehicles be allowed to be used by the occupants while they reside at the premises. However, I must stress that your clients must meet all applicable building, fire and health codes. For example, the building code has certain requirements relative to sober or rooming houses. These include, adequate fire suppression systems that meet the requirements of M.G.L. c. 148 sec. 26H and the state building code, 780 CMR 904.5 (sober house) or 780 CMR 904.7 (rooming house). There must be adequate fire separation assemblies between the first floor and second floor. The building code also requires that all buildings meet the requirements of the Massachusetts Architectural Access Board. Both a sober house and rooming house are defined by the access board as a transient lodging facility. Section 8.4.3 of the MAAB regulations require that at least one resident room and all common areas be accessible to the handicapped. The common kitchen and bathrooms do not meet the requirements of the MAAB. This building meets the requirements of construction control, 780 CMR 116, meaning that a registered architect or engineer must prepare or supervise the plans and construction and certify they meet all the applicable building codes. Also, I would require that we implement an inspection program to ensure that your client is conforming to the terms of the occupancy permit. Your request for a reasonable accommodation does not alter my position that the Violas are currently operating a rooming or lodging house in violation of zoning, without the necessary permits and approvals, was constructed without meeting the applicable fire and building codes and that operations should cease immediately until such time as your clients have made improvements to the building that meet all applicable codes and a valid certificate of occupancy is issued by my department. Mr. Viola met with my staff and other city representatives and was made aware of the applicable zoning, building and fire codes, yet he chose to go ahead with construction without complying with zoning, the codes or obtaining building permits. This information was also conveyed to an architect employed by Mr. Viola. Very y yours, Thomas St. Pierre Building Commissioner cc: City Solicitor's office 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 UNIT# 1 & 2 FOR THE CHURCH This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date ___-_-__--'-._--------------------- ----- a Issued On:Tue Jan 8,2008 -- ------ � - -------------- GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. ----- -- - -- -"----------- =----------------------------------------------- ZIwwad ONICIlifia WH IV S d0 AID av 3eosn CITY OF SALEM PUBLIC PROPERTY \ � DEPARTMENT VLrvuit 120AlvmIING1'UN S'IRlld1' ♦ S.vLP;,U,NI vssm: si I1Iti 01970 Pra.:978-745-9595 ♦ P.-vx:978-740-9846 July 24, 2008 *Oom Micheal Viola 4 Butterfield Road Saugus, MA 01906 Dear Mr. Viola; The enclosed Permit Application to expand the existing Permit that was granted to repair the first floor Church area window system that had failed is being returned to you due to the fact that this package is incomplete. This office cannot grant any further Permits to this structure without an Architect's Code Review as required under the State Building Code (780 CMR, Chapter 34). The purpose of this review is for the Architect to consider the structure and the various uses contained therein and then to determine Code requirements regarding egress, exits, life safety systems, fire separation, and the various other requirements based on this Code. If you have any questions regarding this action, have your Attorney or Contractor call this office. If you feel aggrieved by this Order, your right to appeal is through the Board of Building Regulation and Standards, located at 1 Ashburton Place in Boston. Sincerely, )Ile ph E. Barbeau rocal Inspector/Assistant Building Inspector CC: file, Atty. Parisella(City of Salem), Fire Prevention, Mayors Office, Atty. Bruce T. MacDonald (for Viola) I he ( tmuntmwc,dih of \Ia uehu tls t Btiard tN BwIJhIt.: R4iulautms and S(andaid, I t tlt NII Nlt II' �I I I 1 l y \i.1,Ndc:IIitNCt(SSlateBuildingCtiJe- '111('\1R, cdiutm Btlildims Tenni( :Applicallon r,i CtmNmcl. Repair. IIenoN-ae Ur I)cnvili,h a One- t,; TuDu,lhiw �— Thi,Sec Iton Ft IF(A ficial I',r (.1111. ! Buddin, Permit :Number: - Date Applied: 11Hn.nure: LBudding(i)uuni..:tim luspeaor 411 ISu:Idm CN [),Lie . SECTION 1: SI I'E INFORMA HON j 1.1 Propert. ddress: - 1.2 Assessors Alap & Parcel NnmberN Nkl .\umher I i.J Nwnhct I.Lthlhu .In .t...epteJ ,uret' �es_ P —....___ _ —1 l 1.3 Z�Tingilnformation: -/ r t ( 1.4 Property Dimensions: � ,S7orT l C'hrc.li1 - Zumng Dotnrt PngNarJ ISr [.,It Arca ny I(I Fnnnugr IitI 1.5 Building Setbacks (ft) i Front Yard Side Yards Rear YurJ RryuueJ Pro iJeJ RequiteJ Pnt-:Jed R:you eJ PI rH I&L1 1.6 Water Supply: Isl G Lc. 40. §54) 1.7 Flood Zone Information: 1.8 Sewage Disposal S)stem: PUNIC ❑ Pnsate❑ un P Zona. _ Outside Flood Zone" Municipal ❑ On site JNal ,s stem ❑� Check It yes❑ _ SECTION 2: PROPERTY OWNERSHIP' rd: V 1 6k Z'9 I Print I Addre,s for Ser v ice: — a37- 3 o4 Sign:-lure Tclephune SECTION 3: DESCRIPTION OF PROPOSED %VORK'Icheck all that apply) New Construction ❑ Existing Building ea, O_.vner-Occupied ❑ RepaunU) ❑ Altera u.Imol ❑ :WJin.-n ❑ Demolition ❑ Accessory Bldg. ❑ Number of Units_ (Jihzr Speedy.. Hriet Descnption it Proposed Work-: ---- --- d Cft'SS _ Sart. -8- - SECTION 4: ESTIMATED CONSTRUCTION COSTS Estimated Costs: Use j Item Official Lse(➢Elly 'Luh, r.mJ Materials) t------------- I I. Building Permit I'te. i Indicate ht wv tee 11 Jrtrr inmeJ: I BwlJine ) (� i --- i-- ------ ❑ Standard City/ruwn :Application Fre .'.. I{iectncal S ❑ Total Prn)ect Cost (Item 6) x multiplier -__ x _ .-.... i Plumbeng I _, Other Fees: S 4 Alecham.:d illk ACr i MeehI I,j i ire . y r,.1,11 :UI FccN 1 � r iires ,�ntl — — t - ('heck No heek .Ami:unl� l�.nh 1111,nuif b rota) Project Cost S �)� �❑ Paid In Full ❑ Oubundtne, Bal m,e Une 7f)/-- �-- � z�� l SECTION 5_CONSTRUc I-ION SER_R ES ---- -- — 5.1 licensed Construction SupervisorIC'S1J ' O �,_r„J LLimi \umhcr I.,pu.a ism ILIii � Loi 151. T, to nic Mott) it t mc,tnmmd up iu `.IM1111 it 1'I R Re,toocd IA.' F,utuh Ilwilline _— __� Si_n.nuit Al \L,,ours 1)nh R( fel.phone \\S �R.a I, I N nJ .nJ i:J_ I, , S, hJ I-.i Ilwniu \1L ;n. Iii i .l� I,_i� D RcaJ:nti.11 I>inwlw,m 5.2 Registered Ilame Imprucement Contractor 1111C') HIC'('onlpam N'anie or HIC Rccisirant Nance Ri guuaium Ywiihir Address — Espu ab,m U:de Signature relephone SECTION 6: WORKERS' COMPENSATION INSURANCE AF'FIDAV'IT(M.G.L. c. 152. § 250161) Workers Compensation Insurance affidavit must be completed and submitted with this application. F:IIIUre u, pn,ude this affidavit will result in the denial of the Issuance of the budding permit. .. Signed Affidavit Attached" Yes .......... ❑ No . . ❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT L as Owner of the subject piopei ty hereby authorize __ to act on my behalf, m all ni.Iue s � `elative to w,It Is authorized by this building permit appncan.m. st4nature tit Owner Dan: SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION as Owner or Authorized Agent hereby deckle that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and behalf. - Print Name - Signature of Owner or Authorized :Agent Date (signed under the Canons and penalties of e(u i --4 NOTES: __ I. An Owner who)bruins a building permit to do his/her own work. or an owner who hues :til urreui,ieied too (nut registered in the Home Impru\ement Contractor MIC) Program), will not hale access it, the athitraunn j program or guaranty fund under M.G.L. c. 112A. Other important int.,i mat.ion on the III(' Program .Ind Construction Supervisor Licensing I(SL)can he found in 780(AIR Regulations 110.R6 and 110 10. respectnde � ' When ,uhsrmtial work is planned, pros ide the mfirmation below: Total [lours area iSy. FcI I including garage. finished ha,emen✓,utics. decks )r posh, Gross Irvine arra I Sy. Ft.l Habitable room count __-- _----- -- Number of tlrrphic cs Number of hednlom, _ .. Numher or hmh ooms - — Nutither of h.JVh,nh, I ,hest heating ,%,tem -- — .------- Nwnher ,-I Je,k,i p,-nhc, - sl,e ii. Total Project Square Footage- may he ,uh,irtuted for "Focal Prnlert Cost' s% CITY OF SALEM PUBLIC PROPRERTY DEPARTMENT .sal V lt:Kt FY:)NIAa n.t. NL%)i at 12^�WASHING IONS fl(ELT•S:kLI;m,M.sss.ua it sh;l i s 01913 Tt-.I.:978-745-9595 • Fax:9714-74C-9840 Workers' Compensation Insurance Affidavit. Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly (` "6 Nelttt: (nosiness/Organizatin�N/lndivuluul)I: ISI-J-C�`�'t�(—� �I `(ZN- Address: City Starc,zip: �� w 1�V 1— Phone t'': Are you an employer?Check the appropriate box: Type urproject(required): 4. E] I am a general contractor and 1 f. ❑ New construction I.❑ I am a employer with em ylo 'ccs fill and/or art-Lintz).' have hired the sub-contractors I ) ( p 7. E] Remodeling 2.❑ 1 am a sole proprietor or partner- listed on rhe attached sheet. These subcontractors have ii. ❑ Demolition ship and have no employees working for me in any capacity. workers' comp. insurance. 9, ❑ Building addition INo workers' comp. insurance 5. ❑ We area corporation and its 10.❑ Electrical repairs or additions I teed.] officers have exercised their per MGL 1 l.❑ Plumbing repairs or additions 3. re am a homeownr5- ht of exemption er doing all work g P p \\ myself.[No workers' comp. c. 152, j 1(4),and we have no 12.[] Roof repairs insurance required.]t employees. [No workers' 13.01 Other comp. insurance required.] •!,m :ytplicaa that checks box ill moat also till out the union wow showing their workers compensation policy information. 'I lomnrwnem who submit this affidavit indicating they are doing ull work and then hire outside contractors must submit a new al'fdavit indio ling such. omracto"that check this box must anached an additional sheet showing the nano of the sub- tmtractorsand their workers'comppolicy infovnatiun. 1 run un emplayer that is providing workers'c•omhpem.sation insurancefor my einployecs. Below is the policy and job Nile information. ^� Insurance Company Name: Wlr/'P._ policy a Lir Self-ins. Lie.t%: __--..-- - .....__-- Expiration Date: 1 10 - 09, r Job Site Address: t 9Sir Q.d-c City:Statei'Lip: Attach it copy of lite,vorkers'compensation policy declaration page(showing;the policy number and expiration date). Failure to secure coverage as required under Scction 25A of`IGL c. 152 can lead to the imposition of criminal penalties of a lira up m S1.500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to 5250.00 it day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Inccatigations of the DIA for insurance ::overage vcritication. f do hereby certif y uwlcr tie I nnins Liu l tenulties o perfury that the information provided above is true and correct. 6 6 � ------------------------------------------ Plv me [_flicially. Do oat o•rhe in this urea,to be c-umpleted by city or lawn offiriu/.:_ _.. - Permit/l.iccnserily (circle enc): cafth 2. Iluilding Dcparhncut 3.Cit)ffown Clerk 4. Electricnl ❑tspator i, Plumbing Inspector -_-_-- _ Coulact Person:. __.._ .- ...--- Phone H: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an emphgvee is defined as"...every person in the service of another under any contract of hire, express or implied, oral or written." ' An employer is defined as"an individual,partnership,association, corporation or other legal entity,or any two or more orf the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of:m individual,piumership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house _ or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of u license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." .additionally, bIGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the perfontance of public work until acceptable evidence ofcompliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial .Accidents for confimtation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their - self-insurance license number on the appropriate line. City or Town Officials Please he sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit ftir you to till out in the event the Office of Investigations has to contact you regarding the applicant. Please be.cure to fill in the pernit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permitAicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address" the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dug license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. I he Otlice tit Investigations would like to drank you in advance fur your cooperation and should you have any questions, Please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents O[flce of Investigations 600 Washington Street Boston, MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Revised 5-26-05 - Fax #617-727-7749 www.mass.gov/dia { iD� CITY OF SALEM . A ., PUBLIC PROPRERTY DEPARTMENT I': A.\5111\t...!N S I't I:I T I S.\I I]1, Construction Debris Disposal Affidavit (required lbr all demolition and renovation work) In accordance \k ith the sixth edition of the State Building Code, 780 Ch1R section 1 1 1.5 Debris, and the provisions of MGL c 40, S 54; Building Permit N . _ is issued with the condition that the debris resulting from this work shall be disposed of in it properly licensed waste disposal facility as defined by MGL c 1 It, S 150A. The debris will be transported by: I name of hauler) fhe debris will be disposed of'in ['�/ J (name of laeility) up VI (address of facility) N iguaturc of 3ennit applicant date .J CITY OF OF SALEM iu F PUBLIC PROPERTY DEPARTMENT KIMNER1,EY DRISCOI.L MAYOR 120 WASHINGTON SrREM ♦ SALEM,MASSACEIUSErrs 01970 978-745-9595 FAx:978-740-9846 December 31, 2008 Mr. Michael Viola 4 Butterfield Road Saugus, Ma.01906 RE: 19-21 Salem Street Dear Mr. Viola, The following is a copy of the letter sent to you October 9, 2008 and again on December 7, 2008. I am re-dating this letter so as to allow you to meet the requirement that your appeal be filed within 45 days of my rejection. As I stated in an August 5, 2008 letter(copy attached) to Edward Nilsson, Architect responding to a code review for a new beauty salon to occupy space in the above building formerly occupied by a storefront church the application is rejected for the following reasons: 1. Mr. Nilsson's letter regarding code issues addresses only the beauty salon tenant space being altered and not the building as a whole. Over the last two years this entire mixed- use building has been substantially renovated, albeit without proper permits. 2. Under section 3400.3.1 of 780 CMR, this building does not qualify for review under Article 34 because outstanding violations have been cited by this office. The owner has been cited for creating a Rooming House (Use Group I-1 as defined in 308.1 of 780CMR) in violation of Building and Zoning Codes. 3. A fire suppression system is required for the entire building under 780 CMR 904.2 and MGL chapter 148 26A and 26G which requires sprinkler systems in substantially renovated buildings over 7,500 sf in area. (the subject Building is approximately 10,200 sf) Refer also to 780CMR 3400.3.1 and Official Interpretation 45-96 in appendix B of 780 CMR which discusses this requirement at length. 4. Section 3.3.2 and 3.5 of 521 CMR (MAAB Regulations)require that the entire building be made fully accessible, if, as we believe, the cost of renovations in the past 3 years exceeds 30% of the building's value. We will not issue any permits for work at this address until plans, prepared and stamped by licensed professionals, of the entire building, indicating fire ratings of structural elements, enclosure of exits, separations between tenants, work required to address 521 CMR regulations and calculations and plans for a fire suppression system for the entire building have been submitted and reviewed and a permit application filed by licensed construction supervisor. • '� CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET* SALEM,MASSACHUSETTS 01970 "It,L:978-745-9595 ♦ FAX:978-740-9846 You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards and/or the Sprinkler Appeals Board and/or the Massachusetts Architectural Access Board. Si cere , as c rath, AIA Assistant Building Inspector cc: file,Fire Prevention,Electrical Dept.,Legal Dept.,Attorney Bruce McDonald,Patricia Barry BBRS,Thomas Hopkins MA-AB ELIZABETH M. RENNARD CITY OF SALEM City Solicitor KIMBERLEY L. DRISCOLL, MAYOR JERALD A.PARISELLA Assistant City Solicitor 93 Washington Street Salem,MA 01970 One School Street Tel:978.619.5631 LEGAL DEPARTMENT Beverly, MA 01915Tel: 978.921.1990 Fax: 978.744.1279 93 WASHINGTON STREET Fax:978.921. 990 Email: brennard@salem.com 553 SALEM, MASSACHUSETTS 01970 Email:jap@alexanderfemino.com February 23, 2010 Mr. Michael Viola 4 Butterfield Road Saugus, MA 01906 RE: 17-23 Salem Street Dear Mr. Viola: Enclosed please find a proposed License Agreement that will allow you to construct ramps to make the premises at 17-23 Salem Street compliant with Architectural Access Board requirements. Please review the agreement and if you agree to its terms, please sign so that I may forward to the Mayor for her review. Once signed by all parties, you may begin work (after obtaining the necessary permits). As a reminder, you have agreed to operate the 2"d Floor in conformance with the �j current city zoning, i.e. a single-family apartment, and even recorded an Affidavit at the / Registry of Deeds confirming this. If you should violate zoning, the City reserves the right to take enforcement action. Please call with any questions or concerns. Very truly yours, erald A. Parasella JAP/gsw Enc. Cc: Tom McGrath Elizabeth M. Rennard Thomas Hopkins, AAB LICENSE AGREEMENT This LICENSE AGREEMENT is made as of the day of February , 2010 by and between the CITY OF SALEM, acting by and through its Mayor(hereinafter referred to as the "LICENSOR"), with an address of 93 Washington Street, Salem, Massachusetts 01970, and Michael Viola and Vincenza Viola, having an address of 4 Butterfield Road, Saugus, Massachusetts ("LICENSEE"). WHEREAS, the LICENSEE is the owner of record of a certain parcel of land located in the CITY OF SALEM located at and known as 17-23 Salem Street, and described in a deed recorded in Book 27503, Page 159 in the Essex County Registry of Deeds (hereinafter "Premises"); and WHEREAS, the Premises abut the public sidewalk of the public way known as Salem Street; and WHEREAS, the LICENSEE is desirous of constructing, operating and maintaining Improvements (Improvements) to make the premises handicapped accessible in front of the building located on the Premises and within the layout of Salem Street, as shown on a plan dated February 22, 2010 entitled "17-23 Salem Street, Salem, MA Modifications to Entries: Accessible Ramps and Rail;" by James Rissling, RA, a copy of which is attached as Exhibit A (the "Plan"); and WHEREAS, construction of the Improvements are in compliance with applicable accessibility laws, regulations and codes will require that a portion of the Improvements be located on the public sidewalk; and WHEREAS, LICENSEE requests that LICENSOR allow LICENSEE to construct, operate and maintain the Improvements for the benefit of the Premises and disabled patrons of the Premises; and WHEREAS, the LICENSOR is willing to permit a small encroachment of the Improvements onto the public sidewalk and to allow the LICENSEE to construct, operate and maintain the Improvements within the layout of Salem Street within, upon and over an area of land as shown on said plan; NOW, THEREFORE, the LICENSOR hereby grants to the LICENSEE, license (the "License") to locate a portion of the Improvements on and within a portion of the public sidewalk of Salem Street, as shown on the Plan (the"License Area"), subject to the following terms and conditions: 1. CONSTRUCTION The Improvements shall not be constructed until all permits required for such construction have been issued, and the construction shall comply with all terms and conditions of such permits. Construction of the Improvements shall comply with all applicable laws, regulations and codes, including the State Building Code. The LICENSEE shall comply with all regulations, orders and decisions of the Massachusetts Architectural Access Board, including the provisions of the Board's decisions in its case number V09-095. The LICENSEE shall not commence construction until the plans for the construction have been approved by LICENSOR. The LICENSEE shall maintain the work area in a safe condition, and shall screen and enclose it with fencing and appropriate safety devices to ensure the safety of persons and property. The LICENSEOR shall not be responsible for the security of the work area or the License Area; these shall be the sole responsibility of the LICENSEE. The LICENSOR shall not, under any circumstances, be liable for the payment of any expenses incurred or for the value of any work done or material furnished to the License Area or any part thereof, but all such improvements and alterations shall be done and materials and labor furnished at LICENSEE'S expense, and the laborers and materialmen furnishing labor and materials for the Work shall release the LICENSOR from any liability. 2. CONDITION OF PREMISES The LICENSOR shall not be under any obligations to improve or repair the public way or the public sidewalk for the purpose of construction and use of the Improvements, and the LICENSEE shall take the License Area "as is," in the condition in which it is as of the date of this License Agreement. The LICENSOR shall have no obligation to prepare or construct facilities in the License Area for the LICENSEE'S use thereof, and shall have no obligation to pay for or contribute toward the cost of the Improvements. 3. INSURANCE The LICENSEE shall maintain public liability insurance, including coverage for bodily injury, wrongful death and property damage, including fire and extended coverage, in an amount acceptable to the LICENSOR, during the period the License is in effect. Such insurance shall be in at least the following coverage amounts: general liability - $1 million per occurrence; bodily injury - $1 million per occurrence; property damage - $1 million. Prior to entering upon the License Area, and annually thereafter, the LICENSEE shall provide the LICENSOR with a certificate of insurance evidencing the required coverage. The LICENSEE shall require its insurer to give at least thirty (30) days' written notice of termination, reduction or cancellation of coverage to the LICENSOR. LICENSEE shall require any contractors construction, repairing or maintaining the Improvements to maintain, public liability insurance, motor vehicle liability insurance, and, to the extent required by law, worker's compensation insurance in amounts reasonably acceptable to the LICENSOR. Prior to the commencement of any such work, the LICENSEE shall provide certificates of such insurance coverage to LICENSOR. 4. MAINTENANCE OF LICENSE AREA The LICENSEE shall maintain the License Area so as to preserve the quality and condition of the public sidewalk. The LICENSEE shall repair any damage to the License Area resulting from the presence of the Improvements therein or the use of the Improvements. 5. ALTERATIONS Other than the construction required for installation of the Improvements, as shown on Exhibit A, the LICENSEE shall not make any alterations to the License Area without the written consent of the LICENSOR. 6. LICENSEE'S CONDUCT, NON-INTERFERENCE In the exercise of the rights hereby granted, the LICENSEE shall at all times maintain and use the Improvements so as not to interfere with the use of the public sidewalk and public way for travel and passage by vehicles and pedestrians. The LICENSEE shall observe and obey all applicable laws, regulations and orders of public officials with jurisdiction over the License Area, including the Salem Director of Engineering. The LICENSEE shall keep the improvements cleared of snow, ice and any debris or refuse, and in a condition safe for its intended use; access to and egress from the building located on the Premises. 7. RISK OF LOSS LICENSEE agrees that it shall use and occupy the License Area at its own risk, and that neither the LICENSOR, nor its officers, employees or agents shall be liable to the LICENSEE, or its patrons, invitees or guests for any injury or death to persons entering the License Area pursuant to the License, or any loss or damage to property brought into the License Area pursuant to the License, except if such injury, death, loss or damage is caused solely by the act or omission of the LICENSOR or its officers or employees. LICENSEE shall hold the LICENSOR and its officers and employees harmless from and against any claims, actions and costs arising out of a) LICENSEE'S failure to comply with the terms of the License; b) death, injury or property damage resulting from the act or omission of LICENSEE, its employees, contractors and agents; c) any defect or dangerous condition in the Improvements or the License Area resulting from the act or omission of LICENSEE, its employees, contractors and agents. LICENSEE hereby releases LICENSOR and its officers and employees from any claims, actions, damages and costs arising out of LICENSEE'S use of the Improvements and License Area and the condition of the License Area, provided that any such claim is not the result of any act or omission of Licensor, its agents, servants, officers or employees. The provisions of this Section shall survive termination and revocation of the License. 8. TERMINATION AND REVOCATION Upon the termination of the License, the LICENSEE shall cease all use and occupancy of the License Area, and shall remove therefrom, at its own expense, the Improvements and any associated equipment or appurtenances. The LICENSEE shall restore the License Area as near as possible to its original condition on the date of this License Agreement, normal wear and tear, loss by fire or other casualty not caused by LICENSEE, LICENSEE'S employees, agents, contractors or invitees, and condemnation excepted. This License shall be revocable by the LICENSOR upon ninety (90) days written notice to the LICENSEE. Upon such notice, the License shall expire on the date of revocation set forth in the notice. The LICENSOR shall also have the right to revoke this License, upon thirty (30) days written notice, for LICENSEE'S violation of any of the terms and conditions thereof. In the event that this License is revoked, the LICENSEE shall cease all use and occupancy of the License Area, and shall remove therefrom, at its own expense, the Improvements and any associated equipment or appurtenances, and restore the License Area as near as possible to its original condition on the date of this License Agreement. 9. MODIFICATIONS AND AMENDMENTS Any modifications or amendment to this License Agreement shall be in writing and duly executed by both parties hereto in order to be effective. 10. NOTICE For purposes of this License Agreement, the parties shall be deemed duly notified in accordance with the terms and provisions hereof if written notices are mailed to the following addresses: Licensor: City Solicitor, City of Salem 93 Washington Street Salem, MA 01970 Licensee: Michael Viola 4 Butterfield Road Saugus, MA 01906 These addresses are subject to change, and the parties hereto agree to inform each other of such changes as soon as practicable. 11. NO ESTATE CREATED This License Agreement shall be construed as creating or vesting in the LICENSEE any estate in the License Area, but only the limited right of possession and use as hereinabove stated. 12. FORCE MAJEURE Each party shall be excused from performing an obligation or undertaking provided for in this License Agreement so long as such performance or undertaking is prevented or delayed by a strike, lockout, labor dispute, civil commotion, act of God, or other cause beyond such party's reasonable control. 13. EXHIBITS AND ATTACHMENTS Any and all exhibits and attachments referenced herein or attached hereto are duly incorporated within this License Agreement. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as a sealed instrument and signed in duplicate by their duly authorized representatives, on the date first indicated above. CITY OF SALEM By its Mayor Michael Viola Vincenza Viola Approved as to form: Jerald A. Parisella Assistant City Solicitor EXHIBIT A I F P _A J P N5.D1 _ I� P,[ rtFD"[sPat151Cr1 TOT! !�I L L BU4DING O L I,ELIn� I _ ALL TO F_ tl LL CONFORnI TO 1AASSACTILIbLiT LO Y , Far iI]D) OF)FC. T t ) PE)5S G 101]0 FOF ID L YCH ' ; I 1 0. c 45 5H?l L M1 E2T hE R WIP Ma -. V FY_ rOILLOMG5LWEUIOOr D S 1 D E W A L K DIVISION 111, %TA t Ix 5, aV6c 73.0.(tt1 F b) CF.,Ir.r GOLCRc rP o> Q 4 bV4 o"CG..'E O_ EI)cYFaa Or i ".I , M5.; -r-Q C _ V rG .AE GFZi:V`_i y N 00 SECTION LEFfHAND#1] SECTION-LEFTHAND#19 L 10 T OF VVCR. L BE- L!I 7 C �l0- f.l_ OIJ PI A'E V?F ,. "v Ti IE C M�p A OF T9 e APP Qv.-,D Y 55A , I HTTb AR I FAL ACCL55 ci EO vC TF'.. rR ti LL.'O ¢ 7D R X. C. [.fTF 5 C C O Hra FP RI. yF 7= IO�e E 1 T OF E RAMP O B C PO 51bLL ' r p — 0 'V ° M1G O� - _ t. _v _L N= L nrt « .O. 4C10 a '...L �I C DAh�A O 5 / F NO. N m cD 5 "5 ,r-0 % E Y O I FOJ cD U o o � s° \ LYI L C -.c.,'[].E V—L! TO BL REM G S D S- LI-=E 5„-:`a T ....,,.._,.:..:Lr- CONIC 51Pe c 5 LEAWMG'iC R.G 7 C. Jw;Ge7 ECGES. .SECTION RIGHTHAND#I] /\SECTION-RI�GHTHAND#19 ( is s IDIC G ('7-1 _ _ F, '4N FAIL 6'<-"plcr.INDICATING TMCE {I1116(IIII CCE 5BLE 1 1. D 2 S d5OL AN TET. V O E n0 c11"'1 ER I D V L ON 4 2% EvER 9ANDLE,5Cr1LAGE c Q I FVON OR EQUALcr . llj�CMA K DOOR -. > - A p W W C) `AER CON T&CL . .. _ _ -\ AUTOMATIC DOOR Q a oPFmERconTROL < F— Z PROPOS ED ELEVATION#1] \ d COMPARED GuvffL \ \ n Z 3 ' A A GROSSSECTION#23 C V <C :KJIL / 12 / 7 PROPOSED ELEVATION#23 w O (L p �A Uj F U) Q s cD.sr Pl=e 1AIL / , o / �b (n Z Lu ,.Nc.A.eeo. � _0 Lu LU B \ m / 6 C'7 0 w U _. n,-�p E_ [..o,. 3i DLF ZL.iFf _ .a, 7� '0' r Q S I D E W A L K 2 I, / LT e :. / / z --_— AS NOTED \ - o.do Bale: 1 \ 02.22.2010 /- 4 8 PLAN#ie ,LONG:SECTION#23 --- M. PLAN#23 _,.r Imo/ 1 / ,a- ° CITY OF SALEM /u PUBLIC PROPERTY KIMBERLEY DRISCOLL DEPARTMENT MAYOR 124 WASI aNUMN S'l REE 1 ♦SA,EM, MASSACIausm-rs 01970 TEL: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. DESCRIPTION OF BUILDING 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 ft 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 $253,700. HISTORY In the fall of 2007 Viola renovated the second floor of the building into a 6 Bedroom apartment. No permit application for this work was filed or permit granted. When the Building Department became aware of the project, a permit was granted after the fact(permit#650-08)dated December 10, 2007 and the apartment was inspected by Plumbing,Wiring, and Building Inspectors. An occupancy permit was issued on January 8, 2008. The occupancy permit explicitly states that the only use is "for a single unit only" The occupancy permit was revoked on January 28, 2008 when this department was informed by the Salem Police that Viola was renting multiple rooms and calling the facility a "Sober House". Given the actual use intended, a Permit application, with plans and Construction Control affidavits, should have been filed for a change in use from existing mixed use to a mixed use, I-1WA3 building. No such permit application was made or issued CODE SUMMARY Code Reference Building Code Plans and Specifications (Construction Documents) 780 CMR are required with permit application for work of this scope Section 100.7 ° CITY OF SALEM faa� PUBLIC PROPERTY KIMBERLEY DRISCOLL DEPARTMENT MAYOR 120 WASHINGCON$'1'R818'I'♦ $M-ENT, MASSACHUSETTS 01970 Tri' :978-745-9595 ♦ RAx: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 s CITY OF SALEM PUBLIC PROPERTY KIMI3L1U.CV DRISCOLL DEPARTMENT MAYOR 120 WASruNG'ION STREET♦ SALEM, MASSACHUSETPs 01970 Ti,c:978-745-9595 ♦ FAX:978-740- 9846 Assistant Building Inspector cc: file � a eXY//rC1G2%!�i°C�SU/XCIiG JCICCCCdtI� �OQ//� JQla ru on �/icce xyle 66,&e�, Aaa¢c&ie� 0210d91md 1 6��>0660 Thomas G.GatzuneP.E. Deval L.Patrick Commissioner Governor Thomas P.Hopkins Timothy P.Murray Director Lieutenant Governor eve~ / Kevin M.Burke �� Secretary September 15, 2009 Michael Viola 4 Butterfield Road Saugus,MA 01906 �,`Sale— Re: Notice of Action of the Board; St. Jean's Sober House,_17_21 S__alem_ Streetm,�� Docket Number V09-095 Dear Mr. Viola, Please be advised that a fine hearing relative to above mentioned docket number was convened in accordance with M.G.L. c. 30A, §§ 10 and 11; 801 CMR 1.02 et. seq.; and 521 CMR 4.00,on August 24, 2009 where all interested parties were provided with an opportunity to testify and present evidence to the Architectural Access Board ("Board'). At the hearing,the Board admitted into evidence a copy of an affidavit marked as Exhibit 2. The affidavit has been recorded with the Local Registry of Deeds and indicates that the second floor of the property would be converted to a single-family rental unit. James Rissling, architect for the project,requested additional time to develop a plan for access to the first floor tenant space's since he is new to the project. Additionally,Michael Viola, property owner, submitted evidence (photo,marked as Exhibit 3) demonstrating that all of the first floor tenant spaces are occupied, contrary to the Board's previous decision issued on June 29, 2009. Upon review,the Board unanimously voted as follows: - CONTINUE the fine hearing to the first meeting in December, and REQUIRE that the petitioners submit a plan for compliance for the three tenant space entrances at the property in question by December 1, 2009. - REQUIRE status reports of the correspondence between the Building Owner and the City of Salem,to be submitted on October 1, 2009 and November 1, 2009. CLARIFY the June 29,2009 decision of the Board, in that the church occupies tenant spaces 1 and 2, and therefore all spaces are currently occupied,making the banning of occupancy of the third tenant space moot. Page 1 of 2 S:\AAB\KSuttm\Agenda's and Results\DECISIONS\2009`082409\St.Jeans Sober House,17 Salem St.,Salem-FINEltr.doc ARCHITECTURAL ACCESS BOARD By: Donald Lang, Chairman U Diane McLeod,Vice Chair Nancy Angkk,Member Myra Berlo£f,Director of Massachusetts Office on Disability(not present) Richard Flippin, Executive Office of Elder r4-- Gerald LeBlanc,Member Affairs Designee Carol Steinberg,Member D. Mark Trivett,Member(not present) Walter White,Executive Office of PublicrS-- Safety Designee A complete administrative record is on file at the office of the Architectural Access Board. cc: Local Building Inspector Local Commission on Disabilities Local Independent Living Center James Rissling,Project Architect Page 2 of 2 SAAAB\KSutton\Agendes and Results\DECISIONS\2009682409\St.Jeans Sober House,17 Salem St.,Salem-FINEltr.doc 694,a a 0, 9J� 1910 gV s,,W e�/odfo�, �.aaa�iieetta. OP10d 161 //��JJJ/ Thomas G.Gatzunis,P.E. Deval L.Patrick 'J' Commissioner Governor 6177P�0665 Thomas P.Hopkins Timothy P.Murray - Director Lieutenant Governor Mary Elizabeth Heffernan4 Secretary DECISION OF THE ARCHITECTURAL ACCESS BOARD Date: January 26,2009 Name of Property: St.Jean's Sober House Property Address: 17-23 Salem Street, Salem Docket Number: V09-095 Date of Hearing: December 14,2009 Enclosed please find a copy of the decision relative to the above mentioned matter. Sincerely: ARCHITECTURAL ACCESS BOARD By: s Kate Sutton, Program Coordinator/Clerk for Proceedings cc: Local Building Inspector Local Commission on Disabilities Local Independent Living Center James Rissling,Project Architect Page 1 of 5 S:AAB\KSutton\Agenda's and Results\DECISIONS\2009\121409\St.Jean's Sober House,17-21 Salem St.,Salem-121409.doc COMMONWEALTH OF MASSACHUSETTS SUFFOLK,ss ARCHITECTURAL ACCESS BOARD Docket No. V09-095 In re ) St. Jean's Sober House ) 17 Salem Street ) Salem, MA ) BOARD DECISION Introduction This matter originally came before the Architectural Access Board(`Board")as a variance request received by the Board on May 29, 2009,pursuant to 521 CMR 4.00, James Rissling("Petitioner"), on behalf of Michael Viola, the owner of St. Jean's House located at 17-23 Salem Street in Salem. The Petitioner originally requested that the Board grant a variance from 521 CMR 26.6.1,regarding the lack of level landings at the first floor commercial tenant spaces; 521 CMR 28.1,regarding the lack of vertical access to the second floor Group 2 unit; 521 CMR 45.4.4, regarding the lack of compliant countertops in the Group 2 kitchen; and 521 CMR 45.7, regarding the lack of compliant wall cabinets in the Group 2 kitchen. The current request only relates to 521 CMR 26.6.1, regarding the lack of a level landing at the entrances to the first floor commercial tenant spaces, since the second floor Group 2 unit has been converted back to a single-family rental unit. In accordance with M.G.L. c. 30A, §§ 10 and 11; 801 CMR 1.02 et. seq.; and 521 CMR 4.00,the Board convened a hearing on December 14, 2009 where all interested parties were provided with an opportunity to testify and present evidence to the Board. Tom McGrath, Building Inspector for the City of Salem; and Jerald Parisella, Assistant City Solicitor for the City of Salem, appeared on behalf of the City of Salem. Michael Viola, Building Owner; and James Rissling, Registered Architect, appeared on behalf of the Building Owner. All individuals who testified, with the exception of AttorneyParisella, were swom in. Applicable Laws The Board's jurisdiction is established pursuant to 521 CMR 3.3.2 which requires that, "[i]f the work performed, including the exempted work, amounts to 30%or more of the full and fair cash value (see 521 CMR 5.00) of the building the entire building is required to comply with 521 CMR...." Pursuant to 521 CMR 26.6.1, "[t]he floor or ground area within the required clearances shall be level." Page 2 of 5 S:"\KSuttonWgenda's and Results\DECISIONS\2009\121409\St.Jean's Sober House,17-21 Salem St.,Salem-121409.doe Exhibits Exhibit 1: Board Packet, AAB 1-40, including all correspondence and plans submitted by Petitioner. Exhibit 2: Pictures from December 7, 2009 Site Visit. Exhibit 3: Plan of proposed work to be done at 17-23 Salem Street, drawn by James Rissling and dated December 14, 2009. Facts The Continued Fine Hearing was held on December 14, 2009 and based on the credited testimony of the witness, and the documents submitted,the Board finds the following facts: 1) A site visit was conducted on December 7, 2009, with Thomas Hopkins, Executive Director of the Board; Mark Dempsey; Compliance Officer for the Board; Michael Viola, Building Owner; and James Rissling, Architect for the Owner, in attendance. (Testimony and Exhibit 1). 2) The Petitioner has submitted plans showing the existing conditions of the three entrances to the first floor commercial tenant spaces. These plans also include the proposed minimum and maximum slopes for the entrances. 17 and 19 Salem Street are occupied by one tenant (an existing church);therefore the Petitioner proposes to create an accessible entrance at 17 Salem Street and 23 Salem Street,the existing corner store. (Exhibit 1). 3) The Petitioner noted that the City of Salem and the Building Owner were proposing a license agreement regarding the use of the City sidewalk to create the accessible entrance into 23 Salem Street. (Testimony and Exhibit 1). 4) The second floor 17-bed Sober House is no longer in use, and the space has been returned to a single- family apartment. (Testimony and Exhibit 1). 5) The door at 17 Salem Street has a relatively flat landing,the existing step is 1 %2 to 4 %2 inches, varying based on the slope of the sidewalk. The adjacent sidewalk slopes at a rate of 5%towards 19 Salem Street. The Petitioner noted that sloping the landing to meet the grade of the sidewalk would result in the sloped landing being between 2.86 and 8.85%,which would require a variance. The door is 35 inches clear, but the entire entryway is around 4 feet wide. (Testimony and Exhibit 1). 6) The door at 23 Salem Street,the entrance to the corner store, has an existing step that is 3 %2 to 6 %2 inches above the sidewalk,varying based on the slope of the sidewalk. The existing step has a threshold 1 '/4 inches at the door and the landing has a slope of 4.2%towards the sidewalk. The proposal is to create a short ramp of 10% (1 foot 10 inches long) from the existing landing to get over the existing threshold. The requirement for the license agreement has to do with building-up the sidewalk adjacent to the entrance to 23 Salem Street to create a level ramp to access the sloped landing at the entrance. The built-up sidewalk would include a 7 inch step down at the downhill side of the sidewalk. (Testimony and Exhibitl). 7) The Petitioner proposes to install automatic door openers at both accessible entrances. (Testimony and Exhibit 1). 8) The Petitioner noted that the door hardware would also be modified to comply with the requirements of 521 CMR. (Testimony). 9) The built-up sidewalk would still allow for an additional 4 feet 10 inches of sidewalk between the granite curb and the built-up sidewalk. (Testimony and Exhibit 1). Analysis The issue is whether the Petitioner should be allowed a variance from the requirements of 521 CMR 26.6.1. A variance for this Project is required because 521 CMR 3.3.2 which requires that, "[i]f the work performed, including the exempted work,,amounts to 30%or more of the full and fair cash value (see 521 CMR Page 3 of 5 S:\AAB\KSutton\Agenda's and Results\DECISIONS\2009\121409\St.Jean's Sober House,17-21 Salem St.,Salem-121409.doc 5.00) of the building the entire building is required to comply with 521 CMR...." Since the building is valued at $253,700.00 and the work performed was $204,000.00, full compliance with 521 CMR is required,based on the application of 521 CMR 3.3.2. The Petitioner requests a variance to the lack of level landing at the proposed accessible entrances at 17 and 23 Salem Street. Both doors will be equipped with automatic door openers. The Petitioner noted that sloping the landing at 17 Salem Street to meet the grade of the sidewalk would result in the sloped landing being between 2.86 and 8.85%, which would require a variance. The door at this entrance is 35 inches clear, but the entire entryway is around 4 feet wide. The entrance to 23 Salem Street has an existing step that is 3 t/3 to 6 t/z inches above the sidewalk,varying based on the slope of the sidewalk. The existing step has a threshold 1 %4 inches at the door and the landing has a slope of 4.2%towards the sidewalk. The proposal is to create a short ramp of 10% (1 foot 10 inches long) from the existing landing to.get over the existing threshold. The requirement for the license agreement has to do with building-up the sidewalk adjacent to the entrance to 23 Salem Street to create a level ramp to access the sloped landing at the entrance. The built-up sidewalk would include a 7 inch step down at the downhill side of the sidewalk. Therefore,the Board voted to grant the variances requested regarding the lack of a level landing at 17 and 23 Salem Street, based on the submitted plans (James Rissling,dated December 14, 2009), and on the condition that the proposed work is completed by July 1, 2010. The Board also voted to waive the fines on the condition that compliance with the Board's order is achieved by the July 1, 2010 deadline. Conclusion After reviewing the matter, the Board voted as follows: GRANT the variance to 521 CMR 26.6.1, regarding the lack of a level landing at the entrance to 17 and 23 Salem Street, on the condition that the proposed solution, as outlined in the submitted plans by James Rissling, dated December 14, 2009, is completed on or before July 1, 2010. This motion is based on the fact that the Petitioner demonstrated that the cost of compliance would be excessive without substantial benefit to persons with disabilities. WAIVE the outstanding fines regarding the lack of compliance with an order from the Board, based on the fact that the Petitioner has proven that the lack of compliance was not without justification, based on the submittal of his plans for compliance. This motion is on the condition that compliance with the Board's order is achieved by the July 1, 2010 deadline. 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 O02ce as soon the work is completed. A true copy attest, dated: January 26, 2009 ARCHITECTURAL ACCESS BOARD By: 4 Donald Lang, Chairman Diane McLeod, Vice Chair Page 4 of 5 SAAAB\KSutmmAgenda's and Results\DECISIONS2009\121409\St.Jean's Sober House,17-21 Salem St.,Salem-121409.doe - Nancy Angney, Member(not present) Myra Berloff,Director of Massachusetts Office on Disability Richard Flippin, Executive Office of Elder Gerald LeBlanc, Member Affairs Designee Carol Steinberg, Member D. Mark Trivett, Member Walter White, Executive Office of Public Safety Designee A complete administrative record is on file at the office of the Architectural Access Board. Page 5 of 5 SAAAB\KSutton\Agenda's and Results\DECISIONS12009\121409\St.Jean's Sober House,17-21 Salem St.,Salem-121409.doc 10/06/2008 MON 11: 22 Fax 978 921 6553 0001/006 ALEXANDER& F EMINO ArrOMM AT LAW _ OMa'SQi0oL9TkBE[ BEVERLY,MAMACHUSE 713 01915 LEONARD F.PEb@JO EAiAM,ALEXANDERF1KQNO®EARTMLM$.NEE IIitWA -Ucv_Ah1 THLEPHONe(M)921,vM PAX098J9214553 JERALD A.PARLSELLA P.AX COVER SH'EE'T DATE: TO: FROM: FAX NUMBER: 7d- RE: � RE: y!- ' !lU?,.)L / (P TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE) Ifyau do not receive all the pages,please call(978)921.1990, This information contained in this fax message is intended only for the personal turd confidential use of the above recipients The information may be attorney client communication and as such privileged and confidential If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby nokfed that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited If you have received this communication in error, please notify us immediately by telephone and return the original message to us by mail We will guarantee postage. Thank You. 10/06/2008 MON 11: 22 FAX 978 921 4553 2002/006 Sep-25-08 04:15pm From-SALEM FIRE DEPT ADMIN 9767454646 T-330 P.02/06 F-902 OREM IhiL PAnac uc GOvmxma is MAURICE M.pot Go , r G ore C3 Kaeeau�rme�n 09775 CHAauaAN 1hKu�xrP.MURRAY , LT.GOVERNOR PAuLnONGA KNM M.Btmxe 978)567 3989 �97�561-N& VICE Crura S6GAErARY Doeket#2008-07 17-23 Salem Street Salem,Massachusetts AUTOMATIC SPRINKLER APPEALS BOARD DECISION A) Statutory and R-erflato 7Framework This administrative appeal hearing is held in accordance with Massachusetts General law, Chapter 30A; Chapter 148, section 26 F1;Chapter 6, section 201 and 530 CMR,to determine whether to affirm the order of the Salem Fire Department requiring the Appellant,Michael Viola, (heteinafter Appellant )to install automatic sprinklers in the building owned by the Appellant located at 17- 23 Salem Street, Salem,MA. B) Procedural Hitory By written notice dated May 22,2008 and received by the Appellant on May 22,2008,the City of Salem Fire Department issued an Oider of Notice to the Appellant informing him ofthe L provisions of M.G . c, 148,s.2611 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 said 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. Appeasing on behalf of the Salem Fire Department was: Chief David W. Cody;Thomas McGrath, AIA; Salem Building Deparrment; and Attorney Jerald Parisela,Assistant City Solicitor,Salem. Present for the Hoard were; Thomas Coulombe,Acting Chairman; Roderick Fraser;Alexander Macleod;Peter Gibbons;John 1.Mahan;and Aime R,DeNault. Peter A.Senopoulos,Esquire, was the Attorney for the Board, C) Issues to be Decided Whether the building located at 17-23 Salem Street, Salem, as currently used and occuplcd,is 10/06/2008 NON 11: 22 Fax 978 921 4553 ®003/006 Sap-25-09 94!15pm From-SALEM FIRE DEPT ADMIN 9797454646 T-339 P.09/06 F-902 subject to the automatic sprinkler requirements of M.G.L c.148,s. 26H? .D) Evidences a RceivLd 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 Pleating to the Salem Fire Department 6. Copies of two Memoranda that accompany hearing notices 7. Appellant's Photographs(A-G) 8, City of Salem Order(adopting 26H—approved by Mayor on February 17, 1987) 9, Building Permit—City of Salem 10. Renovation Letter—Certificate of Occupancy 11. Certificate of Occupancy issued January 8,2008 'E:) Subsidiary Fludings 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.G.L.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. 2614, a local option law.The Mayor of Salem approved this local option law on February 12,1987. Said section defines a lodging house or boardinghouse 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 dnrg 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§ 2614. 2 10/06/2006 MON 11: 22 Fax 976 921 4553 9006/006 sap-5-08 134:16pm From-SALEM FIRE DEPT ADMIN 9767464646 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 arc 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 druglalcohol testing and agree to abide by house rules,which among other things' prohibit smoking within the house.There is a house manager on site. S. 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.I.. c, 148, s. 2611 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.CM. 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. 9, 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 ocher related public safety laws. 10.Appellant's attorney requests that if this board is not inclined m 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 riot 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. 2611. They also indicated that the City's posirion 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 oceunants are disabled or nor 3 10/06/2008 MON 11: 22 sax 978 921 4553 ®005/006 Sep-25-08 04o18pm From-SALEM FIRE DEPT ADMIN 8787454646 T-330 P.05/06 F-802 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.c,148,s.26R 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,c.148,s.26H apply to all houses that fit the criteria stated in said Statute. 21 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 fixe 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. 261,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 Boasts notes that a prior decision of this Board, which presented a very similar set of facts,was upheld by the Commonwealth's Appeals Court(Massachusetts Sober Housing,Corpo 'on v Automatic Sprinkler Anneals Board 66 Mass,App.Q.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 10/06/2008 NON 11: 22 FAX 978 921 4553 ®906/096 Sep-25-06 009pm From-SALEM FIRE DEPT ADMIN 9787454646 T-330 P.06/06 F-802 IA Vote of the Board Thomas Couloimbe, Acting Chairman In Favor Roderick Fraser, Commissioner In Favor Alexander Macleod In Favor Peter Gibbons In Favor John 1.Mahan In flavor Aime DeNault In Favor n Right of ApReal You are hereby advised you have the right to appeal this decision,in whole or in part,within thirty (30)days from the date of receipt of this order,pursuant to section 14 of chapter 30A of the General taws. SO ORDERED, - Thomas Coulombe,Acting Chairman Dated: September 23,2008 A COPY OF THIS DECISION AND ORDER WAS FORWARDED BY CERTIFIED MAX, RETURN RECEIpT T0: 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 CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KI!AINHRIA DRI A)IA, M )It 120WV vsIIIN(,I oN S It[I('I ♦ SAlJ,M.AlASS VJu_sr-;I 10 197() 167:')7-745-9,95 ♦ Fnv 978-7-10-9346 October 9, 2008 Mr. Michael Viola 4 Butterfield Road Saugus, Ma.01906 RE: 19-21 Salem Street Dear Mr. Viola, As I statedinan August 5, 2008 letter(copy attached) to Edward Nilsson, Architect responding to a code review for a new beauty salon to occupy space in the above building formerly occupied by a storefront church the application is rejected for the following reasons: 1. Mr. Nilsson's letter regarding code issues addresses only the beauty salon tenant space being altered and not the building as a whole. Over the last two years this entire mixed- use building has been substantially renovated, albeit without proper permits. 2. Under section 3400.3.1 of 780 CMR, this building does not qualify for review under Article 34 because outstanding violations have been cited by this office. The owner has been cited for creating a Rooming House (Use Group I-1 as defined in 308.1 of 780CMR) in violation of Building and Zoning Codes. 3. A fire suppression system is required for the entire building under 780 CMR 904.2 and MGL chapter 148 26A and 26G which requires sprinkler systems in substantially renovated buildings over 7,500 sf in area. (the subject Building is approximately 10,200 sf) Refer also to 780CMR 3400.3.1 and Official Interpretation 45-96 in appendix B of 780 CMR which discusses this requirement at length. 4. Section 3.3.2 and 3.5 of 521 CMR (MAAB Regulations) require that the entire building be made fully accessible, if, as we believe, the cost of renovations in the past 3 years exceeds 30% of the building's value. We will not issue any permits for work at this address until plans, prepared and stamped by licensed professionals, of the entire building, indicating fire ratings of structural elements, enclosure of exits, separations between tenants, work required to address 521 CMR regulations and calculations and plans for a fire suppression system for the entire building have been submitted and reviewed and a permit application filed by licensed construction supervisor. CITY OF SALEM PUBLIC PROPERTY DEPARTMENT n oli 120\V Vu unG ruNSIRF rr * ti,v.rni_AInscnCIts]rrrs U1970 '1'1:1 978-745-9595 ♦ 1';\N:978-7-10-9846 You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards and/or the Sprinkler Appeals Board and/or the Massachusetts Architectural Access Board. Sincerely, Thomas McGrath, AIA Assistant Building Inspector cc: file,Fire Prevention, Electrical Dept., Legal Dept. CITY OF SALEM PUBLIC PROPERTY DEPARTMENT MC IHERLEY DRISCOLL MAYOR 120 WASHTNGTON STREET♦ SALEM,MASSACHUSF'ITS 01970 TEL:978-745-9595 ♦ FAX:978-740-9846 August 5, 2008 Mr. Edward O. Nilsson AIA Nilsson+Siden Associates 262 Essex Street Salem, Ma 01970 RE: 19-21 Salem Street Dear Mr. Nilsson, We are in receipt of a letter from you dated July 29, 2008 regarding a building permit application for a new beauty salon to occupy space in the above building formerly occupied by a storefront church. Your letter addresses only the tenant space being altered and not the building as a whole. You should be aware of the fact that over the last two years this entire mixed-use building has been substantially renovated, albeit without proper permits. Under section 3400.3.1 of 780 CMR, this building does not qualify for review under Article 34 because outstanding violations have been cited by this office. The owner has been cited for creating a Rooming House (Use Group I-1 as defined in 308.1 of 780CMR) in violation of Building and Zoning Codes. Further, a fire suppression system is required for the entire building under MGL chapter 148 section 26G which requires sprinkler systems in substantially renovated buildings over 7,500 sf in area. (the subject Building is approximately 10,200 sf) Refer also to 780CMR 3400.3.1 and Official Interpretation 45-96 in appendix B of 780 CMR which discusses this requirement at length. Further, Section 3.3.2 and 3.5 of 521 CMR(MAAB Regulations) require that the entire building be made fully accessible, if, as we believe, the cost of renovations in the past 6 months exceeds 30% of the building's value. We will not issue any permits for work at this address until plans, prepared and stamped by licensed professionals, of the entire building, indicating fire ratings of structural elements, enclosure of exits, separations between tenants, work required to address 521 CMR regulations and calculations and plans for a fire suppression system for the entire building have been submitted and reviewed and a permit application filed by licensed construction supervisor. ° CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIbBERLEY DRISCOLL MAYOR 120 WASHINGTON$TAFFY+ SALEil1,1KASSACNUSETTS 01970 TEL:978-745-9595♦ FAX:978-740-9846 You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards and/or the Sprinkler Appeals Board and/or the Massachusetts Architectural Access Board. Sincerely, Thomas McGrath, AIA Assistant Building Inspector cc: file,Fire Prevention, Electrical Dept.,Legal Dept. _ /sT f.�-oo2- Sr/o ,rz� x �i42�3_EfZ s�i� U �<yo12- � _/�ffTff.2oo�IS �dN'T �oo�f I I � I I, 1 I R i .L I � _ j' li li J �\ I 1 1/2" PREFORMED EXPANSION N 1/2" PREFORMED EXPANSION NOTES: = JOINT FILLER AT ALL BUILDING _ JOINT FILLER AT ALL BUILDING ALL WORK 511ALL CONFORM TO MA55ACHU5ETT5 HIGHWAY DEPARTMENT (MHD) SLOPEI N FACE5 C EXISTING CONC. SLOPE — FACE5 d EXISTING CONC. STANDARDS SECTION 701 FOR 51DEWALK5, WHEELCHAIR RAMP5 AND DRIVEWAYS. Q 2.86 % - 3-5% MATERIALS SHALL MEET THE REQUIREMENTS IN THE FOLLOWING SUBSECTIONS OF S_1D E W A L K DIVISION III, MATERIALS: GRAVEL BORROW M 1 .03.0, (TYPE b), CEMENT CONCRETE N Q Lf) L M4.02.00, PERFORMED EXPANSION JOINT FILLER M9. 14.0. 4" CONC. SLAB \ 4" CONC. SLAB O 8" COMPACTED GRAVEL ` 8" COMPACTED GRAVEL � 00 SECTION-LEFTHAND#17SECTION-LEFTHAND#19 LIMIT OF WORK SHALL BE LIMITED TO DOORWAYS ON PRIVATE PROPERTY AND THE C 0) Lp I 1 5 EXTENT OF THE RAMP APPROVED BY THE MA55ACHU5ETT5 ARCHITECTURAL ACCESS Of 0 -C 1/a"= r-o" va^=r-o" BOARD. TH15 WORK SHALL NOT REQUIRE EXISTING CONCRETE 51DEWALK NOT WITHIN 1/2" PREFORMED EXPANSION _ I/2" PREFORMED EXPANSION — N N JOINT FILLER AT ALL BUILDING THE EXTENT OF THE RAMP TO BE THE OWNER'S RESPONSIBILITY. THE OWNER, AND JOINT FILLER AT ALL BUILDING co Q c cc SLOPE = = OWNER'S CONTRACTOR, SHALL BE RESPONSIBLE FOR DAMAGE TO SIDEWALK NOT FACE5 6 EX15TING CONC. SLOPE FACE5 C EX15TING CONC. 6.55 % 3_% WITHIN THE EXTENT OF THE RAMP. Lp U Lj S I D .E W A L K EXISTING CONCRETE WALK TO BE REMOVED SHALL BE 5AWCUT SQUARE AND CLEANLY; 4" CONC. 5LAB L 4" CONC. SLAB LEAVING NO ROUGH OR JAGGED EDGES. 8" COMPACTED GRAVEL 8" COMPACTED GRAVEL 1 2 SECTION-RIGHTHAND #17 6 SECTION-RIGHTHAND#19 ��t> ui sJ t/a^=t'-o" 1/a"= 1'-0" tib o o vi y � NmQ rO V O5 2 G"X 9" SIGN INDICATING 1/2" PREFORMED EXPAN5ION HANDRAIL G'X 9" 51GN INDICATING ACCE5515LE JOINT FILLER AT ALL BUILDING o ACCESSIBLE ENTRANCE; ENTRANCE; FACE5 4 EX15TING CONC. 5YM130L AND TEXT. 5LOPE CONC. PREFORMED EXPANSION SYMBOL AND TEXT. LJ SLOPE JOINT JOINT FILLER AT ALL BUILDING LEVER HANDLE; 10% 4.2% LOF2FACE5BEX15TING CONC. 5CHLAGE LEVON M % LEVER HANDLE; 5CHLAGE OR EQUAL. LLLJJJ \ C_ U) QLVN . AUTOMATIC DOOR n w w iroOPENER CONTROL -iiiem=T=ice=m=m r Win=mann-u�w AUTOMATIC DOO — Q h rr-nidi-iii n-m =u- =u u- rin�nm�-m�=NW0 AWm-§n�iWE z n-m-u�ruini 1Fz m - - OPENER CONTROLML m ° m wiu w iau _ _unman=iinmin W nom i��n niPROPOSED ELEVATION #17 8 COMPACTED GRAVEL iun nen=ne Q 3 CROSS-SECTION #23 �u niau_ _ _ Z�i_n lam=u�i mei-�� W X11-p °� °� 7 PROPOSED ELEVATION #23 w /{-A COMPACTED SOIL ��u=mh�`i- - 1/2^= 1'-0" - - r-o" FA ui M ~ Ox 0" U) Z 1 1/2"O.D. STEEL PIPE RAIL, -I GALV. AND PAINTED. _ = O W n 9 m J Q m N N Q U_ e C/) EviSiixG sOPE S% { �/ — B i n B 111 — \ ISI 6 M Q O CEMENT CONC, AIR-ENTRAINED / r` sio�io wisixG o N 5�- °"T -20mm-34 EMBED MIN. 4", W/ tV° Amzw(30 MPa rV, C ii PER MHD SPEC. M4.20.00 3/4 HOLE THRU PIPE 2 I/2"MIN. S D E W A L K 2 1/2" / AT BTM. ( -% - r \- ` HANDRAIL scale: C5 7� 72 - - - - - _ �._ 4'-3" G'-G" ' ' " �. � AS NOTED > — = a 2' I I/2 p Uay m=nim ii�m T Iinmiii�m�ioii"urn=iTaT�i'neil=m - existing 5 % slope down _ date: n a nam-n m�u�u�i=u nun�icinan n ui nab_ _ _ _ _n �_T_� n� ��n=�� n� �t _n ��—Tn� n� n�—�� n��=n�nn� n— ,�- � � 02.22.2010 - _ _ - i� m=m=n man�irm�n=i n-iu -n-L�n- i�_illi-111- JAL=mem-ilii��1� 1HailiiEilHI�FiL7-n- �u-nian-nom w�ium-ur o i�inu m-1n q - =m-m�u, �-i m w-m=urm" � �naihm i$xi � ii�lui�i�i��Ei�en n min= dwg no: /i COMPACTED SOIL ii ilii RE - FEW, PLAN #17 LONG.-SECTION #23 ii �� / i 8"COMPACTED GRAVEL; MHD r�im�i4 PLAN #23 1 -r B-B SPEC. M 1.03.0 8 \J 1/4'= t,_O' 1/2„=t,-0„ E B� 75 mm 1/4„= V-0W Name St. Jean's House/Sober House Docket# V 09- -095 Address 17- 21 Salem Street Docket# C - city Salem Hearing 7/27/2009 Bldg Type Lodge/Res. Time of hearing 2:00 P.M. Complaint's Name Plans on fife? Complaint? Variance? Yes Request for continuance? Jurisdiction: 3.3.2 An application for permit was submitted, 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, See aab 34 and 35 28.1 - Use of a vertical wheelchair lift in lieu of an elevator, See aab 34 and 35 45.4.4 - See aab 34 and 35 EXHIBIT ' -gV� G�s' 45.7 - See aab 34 and 35 Complaints to be Addressed: No AAB complaints at this time. Comments: See the court endorsed settlement (agreement for judgment) AAB # 98 and 99 AAB 1 Hopkins Thomas (DPS) From: Hopkins, Thomas(DPS) Sent: Friday, July 03, 2009 8:36 AM To: 'Jerry Parisella' Cc: tmcgrath@salem.com; 'Thomas Stpierre'; 'JOHN HARRIS II' Subject: RE: Salem Street, Sober House AKA St Jeans House. Mr. Parisella, Good to hear from you.We currently are working our way up to a scheduled variance hearing scheduled for July 27t' at 2:00 p.m. We are hoping that by the time of the hearing, Mr.Violas architect will have had time to work out a solution with the City of Salem,via the license agreement process that 1 had shared with the City beforehand. We are specifically looking for an access solution that can be implemented to create access for all of the first floor retails spaces in a shared design.The design will utilize both the owners available property and portions of the cities sidewalk. As far as the other issues are concerned the architect has moved from the inclined lift design to the installation of a vertical wheelchair lift as shown in the application for variance, they also show a Group 2B toilet room and the modification of the kitchen design to create access as well as the modification of the toilet room adjacent to the kitchen to make up for the lost toilet and bathing room in the location of the new Group 2B accessible bathing and toilet room. While What the petitioners are asking for may not be perfect,the hearing is the place to vet out peoples concerns and hopefully we can reach consensus with the Board,the City of Salem Building Department, The Salem Disability Commission,the Independent Living Center of the North Shore and Cape Ann, and the building owner. Approximately 10 days before the hearing we will send out to you and all of the players, a complete copy of the file that the Board will be utilizing for the hearing deliberations. Hopefully that will give everybody the time to formulate their questions related to the variance requests. I am in the office today until 5, if you have any questions. I am hoping to take some time off next week (weather depending) in case we don't talk today here is my cell number in the event you have some questions for me next week. 1-617-610-4741 Thomas P. Hopkins RECEIV'cD ' Executive Director f DEPARTME N_T OF Pl gUC SAFETY Architectural Access Board 617-727-0660 Phone JUL - 3 2009 617-727-0019 TTY 617-727-0665 Fax www.mass.eov/dps : ARCHITECTURAL ACCESS BOARD From: Jerry Parisella [mailto:jap@alexanderfemino.net] Sent: Thursday, July 02, 2009 11:02 AM To: Hopkins, Thomas (DPS) Subject: Salem Street Hi Mr. Hopkins, any updates on what is happening at Salem Street in Salem?We haven't received a request for a building permit for the sprinklers, and I wasn't sure what was happening with your board. Thanks, Jerry. Jerald A. Parisella, Esq. Alexander& Femino One School Street t AAB 2 Beverly, MA 01915 978-921-1990 978-921-4553 (fax) z AAB 3 A Ik xyla ApQ..e�, �� MK -lel Thomas G.Galzunls,P.E. Deval L PatrickCommissioner GovernorL�asw 61;721--0660 Thomas P.Hopkins Timothy P.Murray 61112j0665 Dimes Ueutenant Govemor DOCKET#: Oytwv{,p r.govidps Kevin M.Burke NOTICE OF ACTION VyO Sec etary RE: St. Jean's House/Sober House, 17-21 Salem Street Salem 1. A request for a variance was filed with the Board by James Rissling, Architect (Applicant) on May 29, 2009 The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board: Section: Description: 26.6.1 Petitioner seeks relief from having to provide an entry door to the lobby and vertical wheelchair lift that provides access to the dormitory on the second floor. See plan#3 of 4 28.1 Petitioner proposes to use a vertical wheelchair lift to provide access for persons with disabilities. The lift will comply with 521 CMR Section 28.12.2 et seq. 45.4.4 Petitioner seeks to provide two levels of counter height 45.7 Petitioner seeks to install a pantry cabinet in lieu of having to lower all of the upper cabinets. 2. The application was heard by the Board as an incoming case on Monday, June 15, 2009 3. After reviewing all materials submitted to the Board, the Board voted as follows: The Board voted to schedule a hearing on this matter. Your hearing notice is enclosed. The Board further requires that the petitioner work with the City of Salem to find a shared common solution so the access to the three retail spaces can be achieved utilizing the variance process of the Board as well as the"license agreement process"that has been forwarded to both parties. The analysis of those possibilities must be submitted to the Board no later than July 13, 2009. PLEASE NOTE:All documentation(written and visual) verifying that the conditions of the variances have been met must be submitted to the AAB Office as soon the work is completed. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Tf!_ Date: June 16, 2009 ARCHITECTURAL ACCES OARD cc: - Local Disability Commission Chairperson Local Building Inspector Independent Living Center AAB 4 Ir 10,0jV1 d4� 9f� ., Afla /y'7��• Deval L Patrick '^� ^�� a2%admew Thomas G.Gatrunls,P.E Governor - 9F/ 6i'i vioj/7L�iCa Commissioner Il�rOfEd Thomas P.Hopkins Timothy P.Murray Dimer Ueutenant Governor J 61�-�2�-a665 Kevin M.Burke w .mass.govldps Secretary VARIANCE HEARING 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, July 27, 2009 at 2:00 P.M. at One Ashburton Place, 21st Floor, Boston, MA 02108 This hearing is upon an application for variance filed by: James Rissling; for modification of or substitution of the following Rules and Regulations: 26.6.1, 28.1,45.4.4, and 45.7 A copy of the request is available for public inspection during regular business hours. You should be aware that the burden of proof is upon the applicant requesting a variance to -;prove that compliance is either: 1. technologically infeasible or; 2. the cost of compliance is excessive without substantial benefit to a person with a disability. 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. Also, please note that all attendees will be asked to turn off all cell phones and pagers while the Board is in session. ARCHITECTURAL ACCESS BOARD Date: June 16, 2009 > Chairperson cc: Local Building Inspector Independent Living Center Local Disability Commission AAB 5 JdCccP,dQ- v�Jo�rG Deval L.Patrick �Pd'tP97! r 04lLC✓LfLd'P 'd' 0�70��V Thomas G.Gahunis,P.E. Governor9Jj/ 6'f,J,��O660 Commissioner Timothy P.Murray �J'/lo'1tPi Thomas P.Hopkins Director Lieutenant Governor6�77.��0665 Kevin M.Burke - v .mass.gov/dps Secretary RECORD OF VOTE DATE: June 15, 2009 Sound File # /d CASE: St. Jean's House, 17 Salem St., Salem DOCKET: V09-095 PRESENT ABSENT Nancy Angney Myra Berloff Richard Flippin Donald Lang ✓ Gerald LeBlanc Diane McLeod �L Carol Steinberg D. Mark Trivett Walter White MADE MOTION TO: PSV r YES NO ABSTAIN ancy Angney Myra Berloff _ Richard Flippin _ Donald Lang Z Gerald LeBlanc Diane McLeod _ Carol Steinberg _ r/ D. Mark Trivett Walter White MADE MOTION TO: YES NO ABSTAIN Nancy Angney Myra Berloff Richard Flippin _ Donald Lang _ Gerald LeBlanc _ Diane McLeod _ Carol Steinberg D. Mark Trivett _ Walter White _ AAB 6 Hopkins Thomas (DPS) From: Parisella, Jerald A CPT RES USAR USARC{jerald.parisella@us.army.mill Sent: Thursday, June 11, 2009 2:05 PM To: Hopkins, Thomas (DPS) Subject: Salem Street Hello Mr. Hopkins, I was forwarded your emails regarding the sober house. I haven't had a chance to talk with our building department or review the plans as I am on annual training in California. Nothing like sleeping in a tent with 12 guys for two weeks. I should be back on June 22. Thanks, Jerry. I AAB 7 Hopkins Thomas (DPS) From: Hopkins, Thomas(DPS) Sent: Thursday, June 11, 2009 11:27 AM To: 'James Rissling' Subject: RE: Salem Street, Salem MA: Existing Conditions and Proposed Plans Attachments: AAB Sober House Salem.PDF Mr. Rissling, We send out the applications for variance to 3 parties,the Building Department,the local Commission on Disability and the local Independent Living Center. 1 have attached the building inspectors letter,which we received on June 10, 2009, for your records. Thomas P. Hopkins Executive Director Architectural Access Board 617-727-0660 Phone 617-727-0019 TTY 617-727-0665 Fax www.mass.goov/dps From: James Rissling [mailto:jrisslingcls@yahoo.com] Sent: Thursday,June 11, 2009 13:05 AM To: Hopkins, Thomas (DPS); tmcgrath@salem.com Cc: Jerry Parisella; mbr@alexanderfemino.net; Bruce MacDonald Subject: Re: Salem Street, Salem MA: Existing Conditions and Proposed Plans Tom, I will see what I can do about the Site Plan. I have not seen the letter you refer to from the Salem Building Department. Is it common practice to not to address the variance applicant but to go directly to Board? Sincerely, Jim From: "Hopkins, Thomas (DPS)" <Thomas.Hopkins@state.ma.us> To: James Rissling <jrisslingcls@yahoo.com>; tmcgrath@salem.com Cc: Jerry Parasella <jap@alexanderfemino.net>; mbr@alexanderfemino.net Sent: Thursday, June 11, 2009 10:34:09 AM Subject: RE: Salem Street, Salem MA: Existing Conditions and Proposed Plans Thank you Mr. Rissling, I would ask that you provide a site plan for the property showing the meets and bounds.The entry into the lobby for the Sober House located on the second floor and the sloped approach may fall on city property. t AAB 8 We have received a letter from the Salem Building Department regarding the variance application that you have submitted. We concur that 521 CMR Section 3.3.2 has been triggered for the entire building. The Board would like to see the solution for the entry lobby to the Sober House which falls partly on the sidewalk (shown in plan number 3 of 4)expanded to include the entries to the other retail spaces located on the first floor.The design may include altering the floor in the retail spaces as well as altering the sidewalk. I am attaching for your review some sample license agreements that the Board has brokered between property owners and city/town officials that allow a handicapped resolution which is only possible via the license. This method of compliance "a shared solution" helps to create access for persons with disabilities when difficult site conditions exist. I have provided this material to the Building Department and to the City Solicitor in an effort to move this project closer to compliance with 521 CMR, and some final resolutions. Thomas P. Hopkins Executive Director Architectural Access Board 617-727-0660 Phone 617-727-0019 TTY 617-727-0665 Fax www.mass.gov/dps From: James Rissling [mailto:jrisslingcls@yahoo.com] Sent: Thursday, June 11, 2009 8:57 AM To: Hopkins, Thomas (DPS); tmcgrath@salem.com Subject: Salem Street, Salem MA: Existing Conditions and Proposed Plans Tom and Tom, Please find attached the Existing and Proposed Plans for 17 Salem Street, Salem. Please let me know if you need anything else. appreciate both or your time on this project, Jim 2 AAB 9 Hopkins Thomas (DPS) From: Hopkins, Thomas (DPS) Sent: Thursday, June 11, 2009 10:34 AM To: 'James Rissling'; tmcgrath@salem.com Cc: 'Jerry Parisella; 'mbr@alexanderfemino.net' Subject: RE: Salem Street, Salem MA: Existing Conditions and Proposed Plans Attachments: AAB Sophies License.pdf; AAB License Agreement Northbridge Plans and photos.pdf; AAB Sophies Ipswich plan.pdf Thank you Mr. Rissling, I would ask that you provide a site plan for the property showing the meets and bounds.The entry into the lobby for the Sober House located on the second floor and the sloped approach may fall on city property. We have received a letter from the Salem Building Department regarding the variance application that you have submitted.We concur that 521 CMR Section 3.3.2 has been triggered for the entire building. The Board would like to see the solution for the entry lobby to the Sober House which falls partly on the sidewalk (shown in plan number 3 of 4)expanded to include the entries to the other retail spaces located on the first floor.The design may include altering the floor in the retail spaces as well as altering the sidewalk. I am attaching for your review some sample license agreements that the Board has brokered between property owners and city/town officials that allow a handicapped resolution which is only possible via the license. This method of compliance "a shared solution' helps to create access for persons with disabilities when difficult site conditions exist. I have provided this material to the Building Department and to the City Solicitor in an effort to move this project closer to compliance with 521 CMR, and some final resolutions. Thomas P. Hopkins Executive Director Architectural Access Board 617-727-0660 Phone 617-727-0019 TTY 617-727-0665 Fax www.mass. og v/dDs From: James Rissling [mailto:jrisslingcis@yahoo.com] Sent: Thursday, June 11, 2009 8:57 AM To: Hopkins,Thomas (DPS); tmcgrath@salem.com Subject: Salem Street, Salem MA: Existing Conditions and Proposed Plans . Tom and Tom, Please find attached the Existing and Proposed Plans for 17 Salem Street, Salem. Please let me know if you need anything else. I appreciate both or your time on this project, Jim t AAB 10 LICENSE AGREEMENT This LICENSE AGREEMENT is made as of the A�' day of May, 2008 by and between the TOWN OF NORTHBRIDGE, acting by and through its Board of Selectmen(hereinafter referred to as the "LICENSOR'), with an address of 7 Main Street, Whitinsville,Massachusetts 01.588, and West Sutton Realty, LLC, having an address of 27 West Sutton Road, Sutton, Massachusetts ("LICENSEE"). WHEREAS,the LICENSEE.is the owner of record of a certain parcel of land located in the Town of Northbridge located at and known as 166 Church Street, and described in a deed recorded in Book 36618;Page 122 in the Worcester County Registry of Deeds (hereinafter "Premises"); and WHEREAS, the Premises abut the public sidewalk of the public way known as Church Street; and WHEREAS,the LICENSEE is desirous of constructing,operating and maintaining a handicap accessible ramp (the "Ramp") in front of the building located on the Premises and within the layout of Church Street, as shown on a sketch plan dated September 21, 2007 entitled Pierce Building 166-168 Church Street, Whitinsville, MA, prepared for West Sutton Realty LLC by Gary Moyer,AIA,a copy of which is attached hereto as Exhibit A(the "Plan"); and WHEREAS, construction of the Ramp in compliance with applicable accessibility laws, regulations and codes will require that a portion of the Ramp be located on the public sidewalk; and WHEREAS, LICENSEE requests that LICENSOR allow LICENSEE to construct, operate and maintain the Ramp for the benefit of the Premises and disabled patrons of the Premises; and WHEREAS,the LICENSOR,is willing to permit a small encroachment of the Ramp onto the public sidewalk and to allow the LICENSEE to construct, operate and maintain the Ramp within the layout of Church Street within, upon and over an area of land containing approximately 32.6 square feet; NOW,Therefore, the LICENSOR hereby grants to the LICENSEE, pursuant to Section 19 of Chapter 199 of the Code of the Town of Northbridge, the Board of Selectmen's Vehicles and Traffic Regulations, and all other authority, a permit and license (the "License")to locate a portion of the Ramp on and within a portion of the public sidewalk of Church Street,as shown on the Plan(the"License Area', subject to the following terms and conditions: AAB 11 1. CONSTRUCTION The Ramp shall not be constructed until all permits required for such construction have been issued,and the construction shall comply with all terms and conditions of such permits. Construction of the Ramp shall comply with all applicable laws,regulations and codes, including the State Building Code. The Licensee shall comply with all regulations,orders and decisions of the Massachusetts Architectural Access Board, including the provisions of the Board's decisions in its case number V06-167. The LICENSEE shall not commence construction until the plans for the construction have been approved by LICENSOR. The LICENSEE shall maintain,the work area in a safe condition,and shall screen and enclose it with fencing and appropriate safety devices to ensure the safety of persons and property. The LICENSOR shall not be responsible for the security of the work area or the License Area; these shall be the sole responsibility of the LICENSEE. 2. CONDITION OF PREMISES The LICENSOR shall not be under any obligation to improve or repair the public way or the public sidewalk for the purpose of construction and use of the Ramp, and the LICENSEE shall take the License Area"as is,"in the condition in which it is as of the date of this License Agreement. The LICENSOR shall have no obligation to prepare or construct facilities in the License Area for the LICENSEE'S use thereof, and shall have no obligation to pay for or contribute toward the cost of the Ramp. 3. INSURANCE The LICENSEE shall maintain public liability insurance, including coverage for bodily injury,wrongful death and property damage, including fire and extended coverage, in an amount acceptable to the LICENSOR, during the period the License is in effect. Such insurance shall be in at least the following coverage amounts: general liability- $l million per occurrence; bodily injury- $lmillion per occurrence;property damage-$Imillion. Prior to entering upon the License Area, and annually thereafter,the LICENSEE shall provide the LICENSOR with a certificate of insurance evidencing the required coverage. The LICENSEE shall require its insurer to give at least thirty (3 0)days' written notice of termination, reduction or cancellation of coverage to the LICENSOR LICENSEE shall require any contractors constructing, repairing or maintaining the Ramp to maintain,public liability insurance, motor vehicle liability insurance, and,to the extent required by law, workers' compensation insurance in amounts reasonably acceptable to the LICENSOR. Prior to the commencement of any such work, the LICENSEE shall provide certificates of such insurance coverage to LICENSOR. 2 AAB 12 4. MAINTENANCE OF LICENSE AREA The LICENSEE shall maintain the License Area so as to preserve the quality and condition of the public sidewalk. The LICENSEE shall repair any damage to the License Area resulting from the presence of the Ramp therein,or the use of the Ramp. S. ALTERATIONS Other than the construction required for installation of the Ramp, as shown on Exhibit A, the LICENSEE shall not make any alterations to the License Area without the written consent of the LICENSOR. 6.LICENSEE'S CONDUCT, NON-INTEFERENCE In the exercise of the rights hereby granted, the LICENSEE shall at all times maintain and use the Ramp so as not to interfere with the use of the public sidewalk and public way for travel and passage by vehicles and pedestrians. The LICENSEE shall observe and obey all applicable laws,regulations and orders of public officials with jurisdiction over the License Area, including the Northbridge Director of Public Works. The LICENSEE shall keep the ramp cleared of snow, ice and any debris or refuse, and in a condition safe for its intended use: access. to and egress from the building located on the Premises. 7. RISK OF LOSS LICENSEE agrees that it shall use and occupy the License Area at its own risk, and that neither the LICENSOR, nor its officers, employees or agents shall be liable to the LICENSEE,or its patrons, invitees or guests for any injury or death to persons entering the License Area , pursuant to the License, or any loss or damage to property brought into the License Area pursuant to the License, except if such injury, death,loss or damage is caused solely by the act or omission of the LICENSOR or its officers or employees. LICENSEE shall hold the LICENSOR and its officers and employees harmless from and against any claims, actions and costs arising out of a) LICENSEE'S failure to comply with the terms of this License; b)death, injury or property damage resulting from the act or omission of LICENSEE,its employees, contractors and agents; c) any defect or dangerous condition in the Ramp or the License Area resulting from the act or omission of LICENSEE, its employees, contractors and agents. LICENSEE hereby releases LICENSOR and its officers and employees from any claims, actions, damages and costs arising out of LICENSEE'S use of the Ramp and License Arca and the condition of the License Area,provided that any such claim is not the result of any act or omission of Licensor, its agents, servants, officers or employees. The provisions of this Section shall survive termination and revocation of the License. 3 AAB 13 8. TERMINATION AND REVOCA'T'ION Upon the termination of.the License,the LICENSEE shall cease all use and occupancy of the License Area, and shall remove therefrom, at its own expense,the Ramp and any associated equipment or appurtenances. The LICENSEE shall restore the License Area as near as possible to its original condition on the date of this License Agreement, normal wear and tear, loss by fire or other casualty not caused by LICENSEE, LICENSEE'S employees, agents, contractors or invitees, and condemnation excepted. This License shall be revocable by the LICENSOR upon ninety(90) days written notice to the LICENSEE. Upon such notice, the License shall expire on the date of revocation set forth in the notice. The LICENSOR shall also have the right to revoke this License, upon thirty (30) days written notice, for LICENSEE'S violation of any of the terms and conditions hereof. In the event that this License is revoked, the LICENSEE shall cease all use and occupancy of the License Area, and shall remove therefrom, at its own expense, the Ramp and any associated equipment or appurtenances, and restore the License Area as near as possible to its original condition on the date of this License Agreement 9. MODIFICATIONS and AMENDMENTS Any modifications or amendments to this License Agreement shall be in writing and duly executed by both parties hereto in order to be effective. 10. NOTICE For purposes of this License Agreement, the parties shall be deemed duly notified in accordance with the terms and provisions hereof if written notices are mailed to the following addresses: Licensor: Board of Selectmen Town Mall 7 Main Street Whmnsville,MA 0 15 88 Licensee: West Sutton Realty, LLC 27 West Sutton Road Sutton,MA 01509 These addresses are subject to change, and the parties hereto agree to inform each other of such changes as soon as practicable. 4 AAB 14 I. NO ESTATE CREATED This License Agreement shall not be construed as creating or vesting in the LICENSEE any estate in the License Area,but only the limited right of possession and use as hefeinabove stated 12.FORCE MAJEURE Each party shall be excused from performing an obligation or undertaking provided for in this License Agreement so long as such performance or undertaking is prevented or delayed by a strike, lockout, labor dispute, civil commotion, act of God, or other cause beyond such party's reasonable control 13. EXHIBITS and ATTACHMENTS Any and all exhibits and attachments referenced herein or attached hereto are duly incorporated within this License Agreement. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be .,executed as a sealed instrument and signed in duplicate by their duly authorized representatives, on the date first indicated above. TOWN OF NORTHBRIDGE WEST SUTTON REALTY, LLC By its Board of Selectmen By Brad 'erce, Partner W 344390MBR1/0001 5 AAB 15 m a a #168 #166 ALIGN NEW CONCRETE SLAB U ff_g. WITH EXISTING FLOOR O +0 R IFACE OF BRICK NEW CONCRE-E WALK \ 9p WINDOW SILL z / NEW CONCRETE .__JI FACE OF NEW `7 w 4'1* SLOPE NEW CONCRETE LANDING STEPS DOWN __ ! CONCRETE CURB �'J-' 120 MAXIMUM \ i/ 2 RISERS NEW RAILING _-- -' NEW POST,TYP;FOR 7 ' v NEW RAILING o HANDRAILS i q up 4..0. I EXISTING CONCIRETE i SIDEWALK EXISTING WATER GATE —'--- - EXISTING GRANITE CURB CHURCH STREET rCFt nr;n-r , PIERCE BUILDING 166 - 168 CHURCH STREET WHITINSVILLE, MA 2, 0 2, 4, SITE PLAN AT MAIN ENTRANCE SCALE: 1/4" = V-0" 21 SEPTEMBER 2007 r m NEW DOOR NEW DOOR RAILING HAdit ILS m EXISTING EXISTING BRICK WALL « SIDEWALK NEW CONCRETE STEPS -NEW CONCRETE CURB PIERCE BUILDING 166 - 168 CHURCH STREET WHITINSVILLE, MA 2 D 2 4' NORTH ELEVATION AT MAIN ENTRANCE SCALE: 1/4" = V-0" 21 SEPTEMBER 2007 GARY MOYER,ARCHITECT UXBRIDGE,MASSACHUSETTS 508 278 3707 0 m a a '-- -- TOP OF FINISHED FLOOR PIERCE BUILDING 166 - 168 CHURCH STREET WHITINSVILLE, MA a 0 q, 8, PROPOSED NORTH ELEVATION SCALE: 1/8" = 1'-0" 21 SEPTEMBER 2007 + I ! - r y lhp+ IT 1, 13 + 4 ( r � I� ab k'�Ia IIIA a� ..d t �� 1 + r + ! ! In IR TIli III Y: t { � a (� Iq •�+�! +i t ! 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WALL 0 N � U Z HANDICAP ACCE at 12.12 39 MARKET ST., IPS F.F.F. — PLANTER _ - _ — prepared fo (TYP. EACH SIDE) SPIROS PAP. IPSWICH �crn Hopkins, Thomas (DPS) From: James Rissling Drisslingcls@yahoo.com] Sent: Thursday, June 11, 2009 8:57 AM To: Hopkins, Thomas (DPS); tmcgrath@salem.com Subject: Salem Street, Salem MA: Existing Conditions and Proposed Plans Attachments: 1 of 4,pdf; 2 of 4.pdf; 3 of 4.pdf; 4 of 4.pdf Tom and Tom, Please find attached the Existing and Proposed Plans for 17 Salem Street, Salem. Please let me know if you need anything else. I appreciate both or your time on this project, Jim DEPA RTR._C C i-v!�i, MENT OF PU P.I_IO SAFETY iI JUN 11 2009 C 9CHITECIU RAL ACC ESS 1 AAB 23 Ii p : M BATH BATH STORA 6 1 1 1 . BATH F � \ I / ----------- ------------ - ..---..-. 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F ah f +11 R r fi!� 1 r �W r aY Jfa7,( x{Y`YM,,r }�rylo '-v� Ma A�'� ��;v fy Fs. y*"'�;�a�"j(„3 .�a<'��'�ix fr}wtT�ar �r�;��fi�• ��k�� l i {{T �h��i��i? j{ !� ��y��,'��'1/"b��p� j�JWEiYi{JSF• Yn� Y F��ILSf} Jt ��t�\0 f-�u T` G�-0 1TL,�°••fijiY4>}4`r!'lr�'��Y��W� r�• e. f * e�.)ylyi4��✓fvzy,ry��\� � jly�'� f � �� fT,hy �{ ” }T'uR tr'rx+Y fSj >if ktfre„aZ+ #Yxla2 1 rl��k�.+`r"x old ?heiYI r }F��pu. �YY ^��iay iF�l� 4r�J�kj it r: i k� 4 '.; I Hopkins, Thomas (DPS) From: Jerry Parisella Dap@alexanderfemino.net] Sent: Friday, May 01, 2009 9:52 AM To: Hopkins, Thomas (DPS) Subject: RE: Sober House.in Salem 17-21 Salem Street Thank you for the information. Although for practical purposes a 14-day extension may seem reasonable, I am concerned after reading Mr. Rissling letter that the extension is being requested "because this building's particular configuration presents some difficulty and providing solutions for access may prove costly for our client, we feel we need more time to review the best options with our client before submitting the documents to your office for review."The buildings unique configuration was known to Mr. Rissling and his client for many months and the agreement for judgment was approved by the court March 13, so I hope the request for an extension is indeed being made in good faith. Thank you. Jerry Parisella From: Hopkins, Thomas (DPS) [mailto:Thomas.Hopkins@state.ma.us] Sent: Friday, May 01, 2009 9:19 AM To: Jerry Parisella Subject: Sober House in Salem 17 - 21 Salem Street Attorney Parisella, Here are the documents that we spoke of this morning. I have a scheduled meeting with Mr. Rissling for May 6, 2009 at 9:00 A.M.to discuss the possible variances that are needed to successfully achieve access for persons with disabilities for this program and dormitory use. Thomas P. Hopkins Executive Director Architectural Access Board 617-7.27-0660 Phone 617-727-0019 TTY 617-727-0665 Fax www.mass.gov/dps t AAB 84 Hopkins, Thomas (DPS) From: Hopkins, Thomas (DPS) Sent: Friday, May 01, 2009 9:19 AM To: 'Jerry Parisella' Subject: Sober House in Salem 17-21 Salem Street Attachments:. aab salem.PDF Attorney Parisella, Here are the documents that we spoke of this morning. I have a scheduled meeting with Mr. Rissling for May 6, 2009 at 9:00 A.M.to discuss the possible variances that are needed to successfully achieve access for persons with disabilities for this program and dormitory use. Thomas P. Hopkins Executive Director Architectural Access Board 617-727-0660 Phone 617-727-0019 TTY 617-727-0665 Fax www.mass.gov/dps t AAB 85 April 29, 2009 James Rissling, RA 64 Allston Street Cambridge, MA 02139 Telephone: 617 680-4595 Mr. Thomas P.Hopkins, Executive Director j Architectural Access Board One Ashburton Place -_Room 1310 Boston,MA'021018 Mr. Hopkins, 17-23 Salem Street, Salem MA: We are reviewing the access requirements for the property at 17-23 Salem Street in Salem, currently being used as a sober house. In the settlement with the City of Salem it was stipulated that plans for providing access would be submitted to your office by May 1, 2009. At this time we request an extension of 14 days to this deadline because this building's particular configuration presents some difficulty and providing solutions for access may prove to be costly for our client, we feel we need more time to review the best options with our client before submitting documents to your office for review. In the meantime like to request a meeting with you to review the options and develop a strategy for some of the key areas of concern, including vertical conveyances and adapting toilet rooms. Please feel free to contact me at the telephone and address above. Sincerely, James Risslin RA RECEIVED"' g> 'i;DEPARTMENT OF PL tFLIC SAFETY' ARCHITECTURAL ACCESS AAB 86 Hopkins, Thomas (DPS) From: James Rissling Urisslingcls@yahoo.comj Sent: Thursday, April 30, 2009 2:56 PM To: Hopkins, Thomas (DPS); Hopkins, Thomas (DPS) Cc: Bruce MacDonald Subject: 17-23 Salem Street, Salem MA: AAB Review Extenstion Attachments: MAABextension.pdf Mr. Hopkins, Please find attached a letter requesting an extension of time for the submittal of documents for the sober house at 17-23 Salem Street in Salem, MA. I hope you find this extension acceptable, we feel it's needed to develop the best fit solution towards meeting AAB requirements. Thank you, Jim James F. Rissling RA 64 Allston Street Cambridge, MA 02139 tel. (617) 680-4595 t AAB 87 Who's in charge here? Page 1 of Salem-*NeyS �`�l�Orine o : - Who's in charge here? By Tom Dalton Staff writer March 26, 2009 12:00 am SALEM—When Michael Viola opened a "sober house" here last year for recovering drug addicts and alcoholics, few questions were asked. In retrospect,that seems strange since Viola had a lengthy criminal record did prison time for larceny and was on probation for trying to sell stolen construction equipment. The reason nobody asked questions—other than city inspectors concerned about the need for sprinklers in the 17-21 Salem St. building—is because there is virtually no scrutiny of the owners of this kind of drug-free housing in Massachusetts. In addition, sober houses are not licensed and do not fall under the supervision of any state agency. "You could tum around tomorrow,buy a building and call it a sober house," said Kevin Norton, president of CAB Health and Recovery Services, which provides substance abuse treatment on the North Shore. Other than the legal fight over sprinklers, Viola had few dealings with city or state officials until last Friday, when he and his wife were arrested by Salem police on charges of identity fraud and larceny in the alleged use o fraudulent credit cards. During a search of the Violas' Saugus home, police found 3 pounds of marijuana. Viola's background wasn't checked because sober houses fall between the cracks, officials said. They are not licensed or regulated by the state because they are not treatment facilities. They are places to live, often for people coming out of court or jail with drug or alcohol problems. The owners charge rent, which makes some sober houses profitable ventures. The Salem facility had the potentit to generate more than$100,000 a year in rental income, according to people familiar with the business. Most sober houses are effective and provide crucial transition housing for individuals trying to get back on their feet, officials stress. Most also exist out of the spotlight with owners who don't get arrested for drug possession. "I think the situation in Salem is not the rule, it's the exception, and a really bad exception," said Tom Lyons, a spokesman for the state Department of Public Health. However,there may be a larger problem with the system, according to Norton, the CEO of CAB,which once rar a nonprofit sober house. "It some ways this doesn't surprise me," he said of the Salem case, "because it's so akin to what is going on in th( financial markets (where)the lack of regulation and oversight is ultimately going to lead to someone completely taking-advantage-of the-situation.." AAB 88 hthn•//ananu calPmnPizre rnm/rnmewe/lnr•.al Ctf�rV nRQ7�n�nQ}1Y1T1I/rP.Sflllrf:P.R nrintStf)ry Who's in charge here? Page 2 of Court oversight St. Jean's House, which is what Viola called his sober house, had been open for 14 months, housing about six residents in an old French community building behind the former St. Joseph Church. Just a few days ago, Viola signed an agreement with the city, ending a yearlong legal battle and allowing him to increase the occupancy to 14 if he installed sprinklers and made other improvements. As part of that agreement, St. Jean's listed its rules to drug testing and counseling. There have been few problems at the house for the past year, according to police. Records show the arrest of twc residents for trespassing, with cans of beer, across the street at the former St. Joseph Church property. Most of the men who lived at St. Jean's House came out of the drug court at Lynn District Court, which is now relocating them to other facilities. Although he decided to remove the residents, Judge Michael Laurenzano,the presiding judge in Lynn, made generally positive comments about St. Jean's House and insisted there was oversight by the probation departmen at Lynn District Court. "This is a terrific probation department that monitors these men and women, and every week they're ... at these sober houses. ... We don't send anybody to any program unless the program has a good track record." Probation officers made unannounced visits to St. Jean's House at least once a week and checked on the resident; to make sure they were being screened for drugs and alcohol, attending counseling sessions, and working, Laurenzano said. 'Confidence in manager' The reason they used St. Jean's House had nothing to do with the owner,the judge said. It was because they had confidence in the man overseeing residents. In a visit last May, a Salem News reporter met John Festa,then 62, of East Boston who identified himself as the volunteer house manager. He was not providing full-time supervision, Festa said,but planned to drop in every day. Recently,he has been sleeping there, the judge said. Laurenzano said his probation officers had confidence in Festa, who was the real supervisor of the house. He called Festa "forthright and honest," someone they have worked with in the past, and someone who regularly reported violations by residents. "(Viola) may have been the owner of the building, but he is really not part of St. Jean's," the judge said. "He's the landlord. ... He's not part of what we would refer to as the treatment team at St. Jean's." He also stressed that, to date, there has been no indication of problems at St. Jean's House. "If the drugs were found in somebody's room in the place,then I would be very, very upset," Laurenzano said. "I'd be very disappointed, and I'd be very angry. But there is no indication that any of the people who were living there from our drug court had anything to do with what is alleged to'have happened in a house in Saugus. However, Viola did have an office in the Salem Street building, where police found benefit cards used to obtain food stamps, some belonging to residents of the building. Police, state and federal officials are investigating. - More scrutiny? — - - AAB 89 httnJ/www.aalemnPws.rnm/nnnews/lncal stnry 0R4230104.html/resnurces nrintstory Who's in charge here? Page 3 of The experience in Salem has raised concerns with some local officials. While stressing the need for this kind of housing, they say more questions should be asked. "This neighborhood(i.e. The Point)right now is struggling with a lot of issues and may not be the best place to locate such a house," police Chief Robert St. Pierre said. "I think we need more scrutiny and oversight as to who is running them and where we're locating them." "There certainly should be some oversight," said Salem state Rep. John Keenan. When a bar opens, Keenan said, the city does a criminal history check on the person who holds the license. In Salem, the Licensing Board even ordered some landlords to do criminal background checks on tenants. But there is no such requirement for the owners of sober houses, which are not licensed by the city or state. Norton, the CEO of CAB, believes sober houses play an important role. He also was hesitant to recommend mor government oversight for fear it would only make it harder for people battling substance abuse to find transition, housing. However, he said,the experience at St. Jean's House makes him feel "there probably should be some level of oversight from the state. ... "The last thing I want to do is make more barriers for people trying to transition" back into the community, he said. "Yet, the balancing act is how do we keep our clients safe from being exploited. That's the million-dollar question, and I don't have the answer." Copyright© 1999-2008 cnhi, inc. Photos Christopher DeCosta watches TV, while Joseph Bush makes coffee in the sober house on Salem Street in May o last year. At the time,there were about six residents living there. Staff Photographer AAB 90 httn://www.salemnews.com/nunewsAocal story OR4230104.html/resources nrintstnry Owner back in custody; hearing expected today Page 1 of 17v.sw �1 a Salem Neyve�,,�, !. Owner back in custody; hearing expected today By Julie Manganis Staff writer March 26, 2009 07:02 am SALEM—Michael Viola, the Salem sober-house owner charged with identity fraud and possession of marijuana, went to Peabody District Court yesterday with his lawyer and a request to delay his hearing on a probation violation. Within 20 minutes, he was in handcuffs, and his stunned attorney was gasping, "What?" And 20 minutes after that, a judge was questioning why another judge had agreed to let Viola—who had postec $25,000 bail—leave Salem District Court on Tuesday, even though a "no bail" warrant had been issued for him Viola was expected to remain behind bars at least through today, when his lawyer will try to persuade a judge nc to revoke his probation in a Peabody case involving stolen construction equipment. If his probation is revoked,he will get an automatic one-year jail term. Viola's lawyer, Steven Judge, tried to persuade Judge James O'Leary to release his client, saying probation officers in Peabody and Lynn did not seek the warrant until Monday, even though they learned about the arrest on the weekend. "I don't think there's any question my client is going to appear (if he's released)," Judge said. "I've read the report," O'Leary responded. "I'm not going'to allow this gentleman to leave on his own recognizance. "I've read his record. I've read the report. He will be held." Viola, 45, was granted a continuance without a finding for three years on charges that he tried to sell stolen construction equipment to a North Shore man back in 2006. The disposition of the case included a stipulation that if Viola violated his probation during that three years, he would be subject to an automatic one-year jail term. According to a report of the 2006 incident,Viola approached two men working at a construction site,telling they he'd just purchased an excavator and two compressors at an auction and was looking to sell them. _ One of the men agreed to buy some of the equipment and had it delivered to a Peabody garage owned by a relative. He became suspicioes tthat the equipment was stolen when Viola never gavehim a title. He said that . Viola began showing up demanding his money at the garage his cousin owned and at the home of his girlfriend, AAB 91 G/1/11 . 1A 1_i _t/_ Owner back in custody; hearing expected today Page 2 of threatening them and mentioning or brandishing a gun, and threatened him in a phone conversation, as well. An investigator hired by Viola's former lawyer interviewed those witnesses, and they denied that Viola had threatened them. The other businessman who had been approached also denied even knowing Viola.. Because of that,prosecutors in Peabody District Court agreed to continue the case without a finding, an unusual disposition for someone who has a 14-page criminal record that includes a state prison term for larceny. The condition was that Viola agree to what is known as a "Duquette" alternative sentence of one year in jail if he violated his probation. Usually, being arrested and charged with a new crime is enough to constitute a probation violation. Copyright © 1999-2008 cnhi, inc. AAB 92 lhttn•//lxninv calamnrnrc 095001 AIA html/racniirrre nrintctnr Sober house owners face identity theft,pot charges Page 1 of 1NM,,,,� &�'ew „t d -- Sober house owners face identity theft, pot charges._ =EPAR7Mb Nd OF F-1 7 SAFET: By Bruno Matarazzo Jr. Staff Writer MAR 2 3 X09 I i; March 23, 2009 12:15 am �- ,"'CHITECTURAL ACCESS PO t i? SALEM—The owners of a Salem Street sober house bankrolled construction costs and bought extravagant gift; for themselves totaling $25,000 with credit cards taken out in other people's names,police said. Salem detectives, accompanied by Saugus police, arrested husband and wife Michael and Vincenza Viola, both 45, at the couple's Saugus home, where police discovered three pounds of marijuana. "It's ironic," said Salem police Capt. Paul Tucker, "He's running a sober house and we found three pounds of marijuana in the house." Saugus police will pursue the marijuana charges against the Violas, Tucker said. Salem police arrested the pair on six counts of larceny and three counts of identity fraud. They will be arraigned tomorrow at Salem District Court. The arrests came a week after Michael Viola agreed to the city's demands he install sprinklers and improve handicapped access in exchange for being allowed to increase the number of tenants at his sober-living facility from six to 14. The settlement, reached March 12, ended a yearlong legal dispute. Viola and the city were about to go on trial in Newburyport Superior Court. Viola argued that a sober house is covered by the federal Fair Housing Act and should not be subject to local zoning,which requires sprinklers for properties that house six or more unrelated persons. The sober house, known as St. Jean's House, is on the second floor of 17-21 Salem St., behind the former St. Joe's Church. The building was once the St. Jean's French-American Social Club. Detective Dennis Gaudet started the investigation in early March when the first victim reported someone used hi identity to get a credit card. Days later, a second victim reported to police his identity was stolen followed by a third. During the investigation, Gaudet was able to identify Viola as the suspect, Tucker said. Two of the three victims knew Viola from a previous business dealing. "(Gaudet) did an incredible amount of legwork," Tucker said. "Identity theft cases can be time consuming. You have to track down every transaction. Police said the couple's numerous purchases,—charged on three credit cards,totaled $25;000. AAB 93 . .. .. • .• . n . nnnnn. nnn. 1l • • • nlnA/nAA Sober house owners face identity theft,pot charges Page 2 of With the credit cards, Tucker said Viola bought plumbing and carpentry equipment for the sober house, took out cash advances and purchased restaurant meals, flowers, gasoline, and a flat-screen, 26-inch LCD television. The television and the packaging, along with gift cards, were found at the home when police searched it Friday afternoon, Tucker said. At the sober house, Tucker said investigators found packaging for plumbing and construction materials, as well as documentation and paperwork. In addition, although not related to the charges,police will work with the state Department of Transitional Assistance, after police found benefit cards, supposed to be used by clients, in Viola's office. The cards had the clients' names on them and some were residents of the sober home. Assisting Gaudet in the investigation were Detectives Tucker, Lt. Tom Griffin, Sgt. Stephen Bona, Jack Doyle, . Peter Baglioni, and Tom Brennan. Copyright © 1999-2008 cnhi, me. AAB 94 l..as_.��--..-__. ....1..�__..... .._.v�_,.�..1:_l.n.....,1 ..«..�., A"Anl CIA l,,,,..14...,. znn MOA Residents ordered out of Salem sober house Page 1 of t Sa em Residents ordered out of Salem sober house --- - VLA .i�DEPARTMENT OF P!'^i: SAFETY By Tom Dalton Staff writer f March 24, 2009 07:02 am RCHITECTURAL ACCESS i:0; i SALEM—Recovering drug addicts and alcoholics living in a city "sober house" are being ordered to leave after the arrest of the house's owner on a drug charge. "We're pulling everybody out of there," said Don January, chief probation officer at Lynn District Court. "They'r all being brought into drug court on Wednesday, and we're going to relocate them." The Lynn court had placed about a half-dozen men at 17-21 Salem St., which is known as St. Jean's House, January said. January said he took the action after learning that the owner of the facility, Michael Viola, 45, of Saugus, was arrested Friday on credit card and drug charges. Police said they found 3 pounds of marijuana in Viola's Saugus home. "When a program we had faith in is tainted like this, we're pulling them out," January said. "... You don't want to have people in recovery in that environment.". The Salem News was not able to reach Viola, who is scheduled to be arraigned today in Salem District Court along with his wife, Vincenza Viola, 45, of Saugus,who also faces larceny and identity fraud charges. Police said the couple charged $25,000 worth of purchases on credit cards taken out in other people's names, paying for construction costs for the sober house and extravagant gifts for themselves. Michael Viola's arrest came one week after he reached an agreement with the city to operate the home, which is directly behind the former St. Joseph Church property. After Viola agreed to install sprinklers and to make the building handicapped-accessible, the city gave him permission to increase the number of residents from six to 14 City officials and Viola have been in a legal battle for more than a year. It started after Viola opened the facility without the required permits, a city official said. The Saugus man then fought an order to install sprinklers, citing the federal Fair Housing Act and claiming the city was discriminating against people in recovery. Little oversight of sober houses It was a lengthy legal fight, a city, lawyer said, in part because sober houses are largely unregulated entities that claim to be exempt from most local zoning. "It-really-seems to fall through the-cracks-as-far as any-state-oversight,'' said Jerry-Parisella,the-assistant city-- solicitor who negotiated the agreement. AAB 95 httn•//www calPmne.ws rnm/nnnews/lncal ctnry 0R9001446html/rP..Cnllr(:P.9 mintstory ;/?4/?nn Residents ordered out of Salem sober house Paget of Unlike treatment facilities or halfway houses, which are licensed by the state, sober houses don't provide medica treatment or even full-time supervision. "It's a home," said Bruce Macdonald,the attorney who represented Viola in his dealings with the city. "It's their home, and it's where they cook and (live) together." As part of the contract with the city, Viola agreed that residents would be drug tested three times a week and attend regular counseling sessions. Although some sober houses are nonprofit ventures, most are not, Macdonald said. Viola was charging rent, but his lawyer said he did not know the amount. Viola fust came before a city board in,October 2006, but not.for a sober house. fle applied for a special permit from the Zoning Board of Appeals to add a floor to the Salem Street building to construct five condominiums on the top two floors, according to city records. When Viola didn't show up at a hearing, the board voted to allow hi request to be withdrawn "without prejudice" so that he could reapply at a later date. Viola later obtained a permit to do work on the first-floor storefronts, but not for the second floor, where the sober house is located, an official said. Last January, Building Inspector Tom St. Pierre revoked a certificate of occupancy for a single-family residence when he discovered Viola was operating a sober house. The six residents who were in the house were allowed to remain while the legal issues were resolved. Although no serious incidents have been reported at the house,two men who listed that address as their home were arrested last July on a trespassing charge when they were found on the adjacent St. Joseph property with cans of beer, according to police records. Police contacted the state Department of Transitional Assistance after finding electronic benefit cards, some listing the names of sober house residents, in Viola's office. Those cards are used in the food stamp program. "The state was made aware of the situation and will be working with Salem police, the Bureau of Special Investigation (in the Department of Public Safety) and the U.S. Department of Agriculture," said Kristina Barry, a spokeswoman for the DTA. The Department of Agriculture regulates the food stamp program. Copyright © 1999-2008 cnhi, inc. AAB 96 Hopkins, Thomas (DPS) From: Jerry Parisella [jap@alexanderfemino.net] Sent: Friday, March 20, 2009 11:27 AM To: Hopkins, Thomas (DPS); Thomas Stpierre Subject: RE: Salem Street Attachments: agreement forjudgment.pdf Hello Tom, attached is the agreement for judgment from Superior Court. Thanks for all your help. Jerry Parisella From: Hopkins, Thomas (DPS) [mailto:Thomas.Hopkins@state.ma.us] Sent: Friday, March 20, 2009 10:47 AM To:Thomas Stpierre Cc: Jerry Parisella Subject:RE: Salem Street Tom, Thank you for giving me an opportunity to serve. Because of my own history, it is fine sense of victory for me. You guys had it right in your analysis from day one and it was easy to follow your lead. We can only hope that some suffering alcoholic who has disabilities other that the fact that they suffer from alcoholism will get a chance to be served when the facility is in compliance with 521 CMR. I am looking for a signed copy of the "Agreement for Judgment" do you have one you could email or fax to me?We would like it for the continuity of our records. Thomas P. Hopkins - -- R E c E I v=D Executive Director DEPARTMEtvT OF pt"PLi^.SA FETY - - - Architectural Access Board O 617-727-0660 Phone i 617-727-0019 TTY 617-727-0665 Fax RCHITECTURALACC {' n^� f, www.mass.gov/dps ESS 6L ., . From: Thomas Stpierre [mailto:TStpierre@Salem.com] Sent: Friday, March 20, 2009 9:27 AM To: Hopkins,Thomas (DPS) Subject: Salem Street Tom,Just wanted to say Thank you for your support on the Salem Street Sober house case. As you are probably aware, Viola threw in the towel and came to an agreement right after your meeting. It,s amazing the amount of energy and legal fees some people pay and in the end, they still have to do what we told him from day one. Thanks again and have a great weekend. Tom 1 AAB 97 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 `-- RECEIVED �= Y CITY OF SALEM, B DEPARTMENT OF Pt tBl!r SAFETY PlaintiffV. hh� 90 MICHAEL VIOLA,VINCENZA VIOLA and (k„ fiRCHITECTURAI ACCESS BOA?B 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. AAB 98 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. Parasella BB #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 Appr s day o c t �tivP/ u of the Superior Court AAB 99 EXHIBIT A Sep-25-08 04:15pm From-SALEM FIRE DEPT ADMIN 9_7874554646 T-330 P.02/08 F-902 t�fie tpo�ur�wouaea�/ala&acnd� � v eal� wvdmq cs �. qw� Q*e" DbvAL L.PATRres �Ay e%, & MAVRtce M.PzHrm GOWRNOR ('.lNIRMAN 7b,(OnrYF.MURRAY , C aeoilc�rtaeka 001776 I,T.GovaRNor PAUL DnNGA KEVW M.Btraorn r ra),f67-NoFf c (9ya)ss7.�� vtCa QIAIR SWAETARY Docket#2008-07 17-23 Salem Street Salem,Massachusetts AUTOMATIC SPRINKLER APPEALS BOARD DV CISION A) Statutory and Re gnlatoa 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 said 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, AIA; 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(s)to be Decided Whether the bolding located at 17-23 Salem Street, Salem.as currently used and occupied,is AAB 101 Sap-25-08 04:15pm From-SALEM FIRE DEPT ADMIN 9787454646 T-330 P.03106 F-902 Subject to the automatic sprinkler requirements of M.G.L c.148,s. 26H? D) Evidence Received I 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 S. Notice of Hearing to the Salem Faire Department 6. Copies of two Memoranda that accompany hearing notices 7. Appellant's Photographs (A-G) 8. City of Salem Order(adopting 26H—approved by Mayor on February 17, 1987) 9. Building Permit—City of Salem 10. Renovation Letter—Certificate of Occupancy 11. Certificate of Occupancy issued January 8,2008 E) Subsidiary Findings of Fact 1. By written notice dated May 22,2008 and received by the Appellanton 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,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 forcertain buildings considered a lodging house pursuant to M.G.L.c. 148 § 26H. 2 ---- -- AAB 102 Sep-25-08 04:18pm From-SALEM FIRE DEPT ADMIN OTIT454646 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 mom, 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. AppelIant'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 accommodarions,in the form of a waiver. 9. 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 artomey 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 Farr 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 — AAB 103 Sep-26-08 04:19pm From-SALEM FIRE DEPT ADMIN 97OT454646 T-330 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 c.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. c.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.2611, 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 (Massachusetts Sober Housing Corporation v Automatic Sprinkler Anneals Board, 66 Mass.App. Ct.701,705(2006)). Gr) 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_ 26R 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 — — AAB 104 Sap-26-08 64;19pm From-SALEM FIRE DEPT ADMIN 9787454646 T-330 P-06/06 F-902 H) '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 1) Right of Appeal You are hereby advised you have the right to appeal this decision,in whole or in part,within thirty (30)days from the date of receipt of this order,pursuant to section 14 of chapter 30A of the General Laws. SO ORDERED, 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 AAB 105 EXHIBIT B ��i 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 permission of the staff. AAB 107 i 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 drag 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: • There is no cooking in the kitchen between midnight and 4:30 a-m. AAB 108 • 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: AAB 109 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT CIVILACTIONNO. 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. AAB 110 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 programfor 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 a Appp s �`day o chA u ' e of the Superior Court AAB 111 AAB 112 Sep-25-06 04i15pm From-SALEM FIRE DEPT ADMIN 9787454646 T-330 P.02/06 F-902 0ft6 �poonri2ootcilealt/o�C%vCaaa gjago e94 and(g-mftty ��rixe C��'�e�i� �pa�r✓rrz�a� DPYAL L.PAT= - �`� �az x'6$5Road MAUR=M.PM=M GOVERNOR 'IbunaYP.MURRAY t✓✓�ous, Q�aeoaa�u�aella 0 775 Irr.GOVRRNORt'AULDWGA Krv¢aM.BtmM ('978)5$7-3,8-1 ( Baa(97)56'7-3�$,( VICa CHAIR SW-kErARY Docket#2008-07 17-23 Salem Street Salem,Massachusetts AUTOMATIC SPRINKLER APPEALS BOARD DECISION A) Statutory and Regulatorq 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.I.. 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 said Order on June 30, 2008. The board held a full bearing 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, AIA; Salem Building Department;and Attorney Jerald Parisela,Assistant City Solicitor,Salem. Present for the Board were: Thomas Coulombc,Acting Chairman;Roderick Fraser; Alexander Macleod;Peter Gibbons;John J. Mahan; and Aime R.DeNanit. Peter A.Senopoulos,Esquire, wus the Attorney for the Board C) Issue(s)to be Decided Whether the building located at 17-23 Salem Street,Salem.as currently used and occupicd,is AAB 113 Sap-25-08 04:15 Pm From-SALEM FIRE DEPT ADMIN 9797454646 T-330 P.03/06 F-902 subject to the automatic sprinkler requirements of M.G.L c.148,s. 26H? D) 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 Heating 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, 1997) 9. Building Permit—City of Salem 10, Renovation Letter—Certificate of Occupancy 11. Certificate of Occupancy issued January 8,2008 F) Subsidiary Findings 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.G.L. 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 drag 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 sprit ers as required for certain buildings considered a lodging house pursuant to M,G.L c. 148 § 26H. 2 AAB 114 Sep-25-08 04:18pm From-SALEM FIRE DEPT ADMIN 9787454646 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 fust 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.T.. c. 148,s. 26K but for the provisions of Federal Fair Housing Act. AppelIant'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. 9. The Attorney for the Appellant,although citing several cases which support his legal argument involving situations based upon local"zoning"laws,conceded that there ate 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 — — AAB 115 Sap-29-06 04:19pm Frcm-SALEM FIRE DEPT ADMIN 9787454646 T-330 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 subjecrto the provisions of MG.L. c.148,s.26H. The Board finds that said house is 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. c.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(Massachusetts Sober Housing Corporation Y.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.c.148,s. 2611. The Appellant is hereby requited 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 sptinller 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. AAB 116 SaP-25-08 04:19pm From-SALEM FIRE DEPT ADMIN 97ST454646 T-330 P.06/06 F-90Z H) 'Vote of the Board Thomas Coulombe, Acting Chairman In Favor Roderick Fraser, Commissioner In Favor Alexander Macleod In Favor Peter Gibbons In Favor Sohn 3.Mahan In Favor Aime DeNault In Favor 1) Right of Aplreal You are hereby advised you have the right to appeal this decision,in whole or in part,within thirty (30)days from the date of receipt of this order,pursuant to section 14 of chapter 30A of the General Laws. SO ORDERED, 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 g -- ------ - --- AAB 117 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 permission of the staff. AAB 119 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: i • 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 tunes. 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: • There is no cooking in the kitchen between midnight and 4:30 am. AAB 120 • 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 Fridaynights. 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: AAB 121 i Hopkins, Thomas (DPS) From: Hopkins, Thomas (DPS) Sent: Friday, March 20, 2009 10:47 AM To: 'Thomas Stpierre' Cc: 'Jerry Parisella' Subject: RE: Salem Street Tom, Thank you for giving me an opportunity to serve. Because of my own history, it is fine sense of victory for me. You guys had it right in your analysis from day one and it was easy to follow your lead.We can only hope that some suffering alcoholic who has disabilities other that the fact that they suffer from alcoholism will get a chance to be served when the facility is in compliance with 521 CMR. I am looking for a signed copy of the "Agreement for Judgment" do you have one you could email or fax to me? We would like it forthe continuity of our records. Thomas P. Hopkins —P6 CEIVE—fD Executive Director '.o=PAarnnctiT of Pi: SAF=_-rY Architectural Access Board 617-727-0660 Phone " 617-727-0019 TTY 617-727-0665 Fax _n= www.mass.gov/di)s `PrOHITECTURALACCESS 2C-A n I From: Thomas Stpierre [mailto:TStpierre@Salem.com] Sent: Friday, March 20, 2009 9:27 AM To: Hopkins, Thomas (DPS) Subject:Salem Street Tom,Just wanted to say Thank you for your support on the Salem Street Sober house case. As you are probably aware, Viola threw in the towel and came to an agreement right after your meeting. It,s amazing the amount of energy and legal fees some people pay and in the end, they still have to do what we told him from day one. Thanks again and have a great weekend. Tom AAB 122 Residents rally to block opening of'sober house': 9/9/02 Page 1 of 2 � e r U 00111It1" Residents rally to block opening of 'sober house' Acushnet By MATT APUZZO, Standard-Times staff writer } Dartmouth Fairhaven A group of South End residents says it has gathered more than 200 164 Fall River signatures on a petition to prevent recovering alcoholics and drug addicts from moving into their neighborhood. Freetown Massachusetts Sober Housing, a Cambridge-based group dedicated to Lakeville finding homes for recovering addicts, wants to turn the house at 105 South St. Marion into a sober home for eight men. Mattapoisett The group will detail its plans at a neighborhood meeting tonight. New Bedford The idea is based on Oxford House, a nationwide network of more than 800 sxx ;a Rochester homes for recovering addicts. .,u,,,...... Wareham Organizers say the men will be screened, employed and must have been Westport sober for at least six months, but neighbors say they fear the worst. They predict an influx of drugs. They fear child molesters, robberies, prostitution and falling property values. Now yw ° s{iFKi3i "I'm scared that if they should run out of money, my house is going to get IL Top Stories broken into," said Matilda Lopes, who lives across the street. "We're scared if any of them have their drug dealers coming around here." Headlines Oxford House residents pay rent, maintain the home and ensure that the Local News house is free of drugs and alcohol. Opening such homes in residential World/Nation neighborhoods, supporters say, gives residents the best chance to stay sober State/Region and contribute to society. Living "There is outside supervision," said Carl Alves, a local drug treatment Sports advocate and a Massachusetts Sober Housing board member. "There are Opinion sponsors and weekly meetings. Any kind of variation is not allowed." '?, But residents say they cannot take the chance that something will go - ^. wrong. "They're sober today, and what's going to happen tomorrow?" said v l " A7 Catherine Tate, a 72-year-old neighbor. "This is very inappropriate in our All neighborhood. We have little children here." Announcements Treatment advocates consider the Oxford House model to be one of the Boating best. Supporters are no stranger to opposition. Nearly every proposal is met with petitions, and many cities have zoning that allows only single-family Employment homes. Financial In suburban New Orleans this spring, the mayor shut off water service to a Legal Notices proposed Oxford House. He turned it back on only when threatened with a Miscellaneous lawsuit. Personals The proposed house in New Bedford is zoned for a single family, but cities Real Estate have had a difficult time enforcing that zoning as a litany of court decisions has Rentals used the Fair Housing Act and the Americans with Disabilities Act to support Service Oxford House projects. Professionals In February, neighborhood opposition failed to stop a sober house in Hyde Park. Sober homes are run in Springfield, Malden, Lynn and Lowell. Transportation The 93-year-old, 10-room South Street house is owned by George and g, Kathleen Correia and is valued at $158,300. seri' Bruce Macdonald, president of Massachusetts Sober Housing, said he hopes a http://ww-w.s-t.com/daily/09-02/09-09-02/aO4loO3O.htm AAW91 3 Residents rally to block opening of'sober house': 9/9/02 Page 2 of 2 tonight's meeting, which is scheduled for 6:30 p.m. at the Ashley Park Full Headlines Recreation Room on Rivet Street, will ease those concerns. Obituaries "This house has eve chance of being one of the best neighbors on the zallml every 9 9 y _�•<: Lottery street," he said. "This house, they can be assured, there's not going to be any Crossword drinking or drugs in this house. It's one strike and you're out." Horoscopes Back Editions h> Special Reports This story appeared or, Pace A4 of The Standard-Times on September 9, 2062. Police Logs DISCUSS AMA P$UNTTW1s � - £StA�t T4 >. ;- THIS 5fQNY it PA" :''�� A SWM& .: http://www.s-t.conVdaily/09-02/09-09-02/a04lo030.htm AAE/9/A24 City officials threaten court action to keep out sober home: 9/10/02 Page 1 of 2 al ter . au zx y,' oo COM m steering YOU in the right rhrectior h : �111' City officials threaten court action to keep out sober home Acushnet By MATTAPUZZO, Standard Times staff writer hTIt1 Dartmouth Fairhaven NEW BEDFORD -- City officials said yesterday that they are prepared to go Fall River to court to keep recovering alcoholics and drug addicts from moving into a South End neighborhood. Freetown About 80 impassioned neighbors stood in the dark for a lengthy Lakeville informational meeting that quickly deteriorated into shouting. Marion "We want to be good neighbors," Bruce Macdonald, president of Mattapoisett Massachusetts Sober Housing, told the crowd. "We just want you to keep an New Bedford open mind." "We don't have open minds here," countered Charlene Carneiro a longtime H` Rochester P 9 Wareham resident of the South Street neighborhood for which a sober home is proposed. Westport "OK, I understand that some of you don't have open minds," Mr. Macdonald responded. "I guess I'm talking to the ones who do." i ' 's. edCaiX-: Mr. Macdonald wants to turn the house at 105 South St. into a home for Top Stories eight men. All will be employed and must have been sober for at least six wit months. Headlines The community center on Rivet Street was so crowded with opposition that Local News the meeting had to be moved outside, where the shouting continued well past World/Nation dusk in what one man called "the dialogue of the deaf." State/Region "You're fighting a losing battle," City Councilor Brian Gomes said. "I've Living talked to a.lot of these people and they don't want you here." AM Sports City Councilor Jane Gonsalves said that if the home opens, the Building A., . . P zj Opinion Department would cite the group for zoning violations and the matter would be sent to court. Zoning prohibits more than four people living in the house, councilors said Sober Housing officials have a chorus of court decisions behind them. The All homes, which are based on the Oxford House model, have been protected by Announcements the federal Fair Housing Act. Boating Residents fear that drugs and prostitution will increase while their property values decrease. The residential neighborhood is teeming with children, they Employment say. Financial Carl Alves, a local treatment advocate and a Massachusetts Sober Housing Legal Notices board member, said the group is prepared to go to court. Miscellaneous But he also said he is prepared to answer residents' questions and consider Personals other sites. Real Estate Residents yesterday said they do not mind if they appear to be shouting, Rentals "Not in my back yard." Service "I'll be gosh darned if I see these people go here," said Joseph Correia, who Professionals has lived at 107 South St, for 58 years. "Over my dead body." There are more than 800 Oxford Houses in the country. Treatment 'h Transportation P advocates see the homes as one of the most effective support mechanisms for recovering addicts. The houses are run democratically, and organizers put them in quality http://Www.s-t.com/daily/09-02/09-10-02/a04lo035.htm AABOIP25 City officials threaten court action to keep out sober home: 9/10/02 Page 2 of 2 neighborhoods because they say it gives addicts the best chance to contribute Full Headlines to society and stay out of trouble. Obituaries "We don't want them here," Ms. Carneiro said. "Let these guys go find an pl�5 Lottery apartment and do this by themselves. They don't need anybody to hold their Crossword hands." Horoscopes Residents say they will do whatever it takes to keep the home from Back Editions opening, and city councilors assured them that the house will be cited shortly Special Reports after it opens. Catherine Tate, a 72-year-old neighbor, said residents will not allow their Police Logs neighborhood to become a dumping ground for the city's addicts. This story appeared on Page A4 of The Standard-Times on September 10, 2002. DiscussF�AINT'EHtS d11 . p. AERIE D THIS srURY s http://www.s-t.com/daily/09-02/09-10-02/aO4loO35.htm A*10*6 Sober housing is part of recovery: 9/12/02 Page 1 of 2 ' a�an1 x0m R' Stecr'fngq�you in the right erection Sober housing is part of recovery Acushnet Dartmouth Consider two meetings in New Bedford in the last few weeks. And consider Fairhaven the contrasting behavior of public officials. Fall River In late summer, city officials gathered for a major drug summit to publicly acknowledge the city's drug addiction problem and the need for a Freetown comprehensive recovery strategy. Lakeville Now this week, an innovative group called Massachusetts Sober Housing Marion has proposed to buy a single-family home in a stable South End neighborhood ;! Mattapoisett and turn it into a home for eight recovering drug addicts or alcoholics. New Bedford These men would be able to live in this house as long as they remained Rochester drug and alcohol free and contributed productively to the household. Wareham The house would be operated as an Oxford House -- a 27-year-old model Westport for substance abuse recovery pioneered in Silver Spring, Md. An Oxford House operates on the idea that drug and alcohol abusers who want to recover need a safe place where they don't backslide into a life of fir ; addiction. Here they live with some support and learn to be more responsible Top Stories for their lives. Headlines There are more than 800 Oxford Houses in the United States operating in 231 communities. This would be the first in New Bedford. Local News Some of the same public officials who came to the drug summit and joined World/Nation in the cry for a comprehensive strategy were at the meeting this week. But State/Region here they were quick to criticize the proposed Sober House. Living Two city councilors sided with the neighbors who want nothing to do with Sports the Oxford House. Councilor Jane Gonsalves said that if the home opens on Opinion South Street, the city building department would cite the group for zoning violations and the matter would be sent to court. Councilor Brian Gomes echoed the concerns of the neighbors and told the people from Sober Housing they were "fighting a losing battle." All The neighbors were even more critical. Announcements „We don't have open minds here," one woman told Bruce McDonald, Boating president of Massachusetts Sober Housing when he asked for the neighbors to be open minded, "We don't want them here. Let these guys go find an Employment apartment and do this by themselves. They don't need anybody to hold their Financial hands." Legal Notices If this city is ever to recover from its collective drug and alcohol addictions, Miscellaneous it must look for the most effective ways to promote recovery. The proposed Personals Oxford House is well worth considering. Real Estate While neighbors may want to keep it out of their backyard, city councilors have a responsibility to take a much more thoughtful and broadminded Rentals approach. Real leaders shouldn't side with citizens who proudly proclaim, "We " Service don't have open minds here." Professionals Transportation This story appeared or, Paye Alb of Standard-",-mee or. Septamher le-, :A__. http://www,s-t.com/daily/09-02/09-12-02/al6opO8O.htm AU121V _Sid es disagree on sober home: 9/13/02 Page 1 of 2 . £n stnnl tne> .Coir �> a Su �wa Sides disagree on sober home Acushnet By MATT APUZZO, Standard-Times staff writer Dartmouth Fairhaven NEW BEDFORD -- Neither city officials nor treatment advocates appear r Fall River ready to budge on a proposed sober home in the South End. Massachusetts Sober Housing leaders plan to close the deal on the 105 Freetown South St. house on Monday, even as city officials threaten to shut them down Lakeville as soon as they open. ,. Marion Neighbors will meet with group members again Saturday -- five days after Mattapoisett their rancorous first meeting. New Bedford Bruce Macdonald, the organization's president, says he'll work with Rochester neighbors and answer their questions, but said he plans to close the deal Wareham Monday. He plans to open an Oxford House in the neighborhood. Nationwide, there Westport are more than 800 such homes, where recovering addicts live together, work and pay rent. g utt '�S City Solicitor Matthew J. Thomas said if the house opens, it will be cited and Top Stories shut down. He points to the state building code, which requires any group home to be Headlines certified by one of several state agencies. Local News But Mr. Macdonald said federal case law supporting the group's right to World/Nation open "couldn't be clearer." State/Region The U.S. Supreme Court has interpreted the federal Fair Housing Act to Living protect recovering addicts. The court ruled states and towns could not pass Sports any laws that treat addicts differently. Opinion "When Mr. and Mrs. Jones move next door with their six children, do they need a special permit?" Mr. Macdonald said. "No. But they're not recovering addicts. "And that's the crux of the problem. Everybody thinks they should be All treated differently." Announcements Neighbors say addiction is absolutely the issue. They fear an increase of Boating drugs and prostitution, property crime and loitering. "We are being clobbered and every other city and state is going to be Employment clobbered by the (fair housing) law," said Catherine Tate, who lives nearby. Financial "Life, liberty and the pursuit of happiness is not too much to ask. Legal Notices "These people are going to come in and trample those freedoms." Miscellaneous Treatment advocates estimate the city is home to nearly 4,000 heroin Personals addicts and thousands of cocaine addicts. One of the major stumbling blocks Real Estate to recovery, they say, is a lack of resources. Rentals The scant supply of detox centers, recovery homes and sober houses was a Service major issue at the city's drug summit recently. Professionals But Mayor Frederick M. Kalisz said the neighborhood debate has become so venomous that it stopped being about whether the sober home could be a Transportation good fit.on South Street. He said organizers should have gone door-to-door as soon as they had a purchase-and-sale agreement. http://www.s-t.com/daily/09-02/09-13-02/aO4loO29.htm A/45131CH Sides disagree on sober home: 9/13/02 Page 2 of 2 Full Headlines Instead, he said they let the rumor mill take over, and "even if they wanted to put in a kiddy school, at this point, it would be opposed." Obituaries With such vocal neighborhood organization, he said it was unlikely an Lottery Oxford House would ever open at 105 South St. Crossword The first neighborhood meeting quickly regressed into a one-sided shouting . Horoscopes match between about 80 impassioned residents and the group's organizers. Back Editions Another meeting is scheduled for Saturday at 10 a.m. at the Fort Tabor Special Reports Community Center. Police Logs This story appeared on Page A4 of The Standard-Times on September 13, 2002. D19CUS1 �' '' 9HIWY YWIS �. E:SYAIL YG 1{E32 STORY A PRIEN13 r x:� 2 M. G��rr24%n... .�.:i y�::.�.... en�x..�;zs �..:,...,�.:usaed a.`.. .. ' /«fib,gg'. 'i r:. :�x�rr.G' :�,,;;u ....>�:to http://www.s-t.conVdaily/09-02/09-13-02/aO4loO29.htm AW 3109 Sohcr house dispute rages on: 9/15/02 Page 1 of 3 �/�. � 'r AcushneL ,w Sober house dispute rages on XLV,Mffbt By MATT APUZZO, Standard-Times staff writer fPa,11't�q�ver NEW BEDFORD The sponsors IFavNtm/en of a proposed home for recovering E F, t"l°RBVse[t addicts still plan to close on a South ° Need�o�d Street property tomorrow, but they have agreed to consider other sites. Nim � l.s: WrgHooisett At a meeting yesterday with New Bedford South End residents and city <<_ officials, Bruce Macdonald, Rochester president of Massachusetts Sober Wareham Housing, said if the city comes up Westport with a suitable, affordable alternative to 105 South St., he Photos by DAVID W. OLIVEIRA/Standard-Times NOW special iYvx =::•:a would consider selling that house Bruce Macdonald, president of Massachusetts W Top Stories and opening a sober house Sober Housing, above, fields questions from elsewhere. neighbors of the proposed site of a home for Headlines Then again, he said, he's also recovering addicts on South Street in New Local News willing to buck the rancorous Bedford.Joseph Correia, right, was one of the more vocal neighbors who attended yesterday's .. World/Nation neighborhood and take City Hall to meeting in opposition to the location. State/Region court to allow him to open in the -K Living South End. Though New Bedford is home to an estimated 4,000 heroin addicts and a Sports P large homeless population, treatment providers say bringing recovery options Opinion .> ; ' to the city is an uphill battle. It's not easy, they say, when residents of a city with a drug problem will go 4w" wi to war to keep the solution out of their neighborhoods. All Suzanna Braga, the head of Neighborhoods United, remembers fighting Announcements years ago to keep a methadone clinic out of a dilapidated waterfront section of the South End. Boating Those meetings drew crowds much larger than the 80 people who turned Employment out to oppose the sober house yesterday. And those meetings were just as Financial contentious. Legal Notices "Today, I'd be the first to say I was wrong," Ms. Braga said yesterday. Miscellaneous When she heard about the debate raging over the sober house, she called Personals the members of Neighborhoods United, hoping to build support for a proposal Real Estate she thought was admirable. Rentals The majority of members backed the idea, but enough opposed it to keep the group from taking an official stance. Service "A lot of the groups that support it have seen the suffering of drugs," Ms. Professionals Braga said. . Transportation Massachusetts Sober Housing wants to open an Oxford House, a sober home for eight men who must be employed. Oxford Houses use no tax money zstil3ri� and screen their tenants. http://www.s-t.com/daily/09-02/09-15-02/a011oOO6.htm AW 510 Sob_-r house dispute rages on: 9/15/02 Page 2 of 3 Full Headlines But the stinging debate that has brought venomous comments from neighbors is not directed at Mr. Macdonald or his group. Obituaries Treatment advocates say Massachusetts Sober Housing, in fact, just Lottery stepped into a snake's nest. Crossword The scourge of addiction has devastated some of the city's neighborhoods Horoscopes In May, The Standard-Times ran a map showing the city's drug dealing arrests Back Editions were largely concentrated in a few "hot zones." Prostitution, violence, property crime and high AIDS rates can all be linked ' Special Reports to drugs. It's that devastation that has prompted the call for more recovery Police Logs options. It's also behind the push to keep them out. Neighborhoods like South Street that have managed to maintain their residential appeal see the effects of drugs in other parts of the city and vow to keep out that element. Recovery'is fine, they say, but its burdens should be shouldered by the neighborhoods from which the addiction emerged. South Street is just blocks away from the Ruth and Rivet streets area 7— " where police say a neighborhood war is under way, but when talking about drugs, when talking about neighborhoods, that might as well be a different city. "We're a family here," said Karrie Medeiros yesterday. "Why should we allow non-family members, total strangers, to come into our neighborhood? Where are their families and friends to keep them sober?" Recovery experts say the Oxford House model is one of the best. It forces recovering addicts to get jobs, pay rent and contribute to a neighborhood that's more stable than the ones from which they came. Returning addicts to their old neighborhoods only increases the probability they'll relapse and only perpetuates blight, the experts say. Building recovery homes in "good" neighborhoods, residents argue, punishes them for successfully staying drug-free. Mayor Frederick M. Kalisz Jr. and his staff have said Sober Housing officials would have done better to have approached city officials and neighborhood leaders earlier in the search for a location. Mayor Kalisz has taken the middle ground. He said he's not against recovery, but he's also behind the neighborhood and will shut the house down if it opens. While neighbors say they would have liked to have been clued in earlier about Sober Housing's plans, many admit they'd still be opposing it -- and they'd still be fighting a battle that they believe holds their safety in the balance. "If I leave my house, what if one of these guys that you want to put in that house decides to break into my home?" said neighbor Joseph Correia. This summer, city officials turned out in droves for a drug summit and hailed treatment and recovery as the keys to cracking the drug problem. Yet there are no detox centers and no wet shelters inside the city. Yesterday, City Councilor Brian Gomes said he's considering proposing a resolution limiting the number of treatment facilities in the city and regulating their locations. That, treatment providers say, would make it even harder to win victories for recovery. Now, Mr. Macdonald and his group face a tough choice: Retreat in the face of neighborhood opposition or forge ahead and put recovering addicts in a potentially hostile environment. Retreat might send a message that treatment providers will fold in the face of organized opposition. But pushing forward could have its costs, too. "If this site goes through, it's going to be extremely difficult for the residents of that house," said Drae Perkins of Treatment on Demand. Mr. Perkins showed up to support the proposal at the first neighborhood meeting. He never spoke up once he realized that everyone's minds had been made up, he said. Mark Pierce, a West End Neighborhood Association member and a http://www.s-t.com/daHy/09-02/09-15-02/a011oOO6.htin A0 5X�1 Qobcr house dispute rages on: 9/15/02 Page 3 of 3 recovering heroin addict, ran into the same problem yesterday. "Without houses like this," he said, "I'd still be strung out." He continued, but was cut off by a man who said nobody wanted to hear support for the house. This was an opposition meeting. Carl Alves, a local treatment advocate and a Sober Housing board member, underscored the need for sober housing. "When people enter recovery, they need a place to go and they might not have families and friends to help them," he said. "This gives them the best chance to really contribute to society." Mr. Correia interrupted: "Well, they can do it somewhere else." This story appeared an ?age Al of The Standard-Times on September 15, 2002. .,y DISCUSS £Yy AAIHTTHFS. EMAILTO TH3S 91DAV VAGIf s A Mrlmu http://www.s-t.com/daily/09-02/09-15-02/a011oOO6.htm AW 57(N Qfsobering thoughts and closed minds: 9/15/02 Page 1 of c$tmutard antis }It1 wwwAshumchx.co --x H Of sobering thoughts and closed minds Acushnet Dartmouth It has been estimated that the city is home to some Fairhaven . .4,000 heroin addicts and thousands of cocaine addicts. I wouldn't know. I haven't counted them. Fall River a w But I'll bet there are a lot more drunks in this town Freetown ... ... .than those two categories combined and they're all living Lakeville 0101ei 1 Oat somewhere. Marion su it toes: Which brings me to the sober housing issue. Mattapoisett Elected officials, after a recent meeting with residents New Bedford that more closely resembled "The Oxbow Incident," are preparing to waste Rochester everyone's time and energy by threatening to lose a court battle to keep eight Wareham recovering alcoholics and drug addicts from moving into a South Street Westport neighborhood. Angry South Street residents say they do not mind if anyone interprets this as a NIMBY issue (Not In My Back Yard), much as those in Easton and Raynham feel regarding the proposed commuter rail as a NIMS issue (Not In Top Stories My Swamp). But I digress. Headlines Bruce Macdonald, president of Massachusetts Sober Housing, appealed to Local News one resident of the neighborhood b saying: We just want you to keep an 9 Y Y 9� ' ] Y p World/Nation open mind." State/Region The response was not only absolutely priceless, but infinitely accurate: "We ,. Living don't have open minds here." Sports How does one respond to that? City Councilor Brian Gomes responded by Opinion jumping to the aid of one of his most avid constituencies, the MST vote. Minds Shut Tight. Thus spake Zarathustra: "You're fighting a losing battle," Mr. Gomes told .. " � 1+ ,,,, ,,, »' sober housing advocates. All As did lane Gonsalves,,who should know better than that, and probably Announcements does, but then again, she doesn't need to lose any more votes, so there you are. Boating To no one's amazement, city officials aren't doing this because it's The Employment Right Thing To Do. They are doing this because they don't want to lose the all Financial important, rapidly-growing Closed-Minded vote. Legal Notices Neither is Mayor Fred Kalisz without sin here. He found this way to weasel Miscellaneous out of the imbroglio: When in doubt, blame the organizers, who didn't go a- Personals knocking door-to-door to give a hoot and a holler to the good people on South Real Estate Street and don't it make your brown eyes blue? And because of that Rentals unforgivable slight, the mayor proclaims that the issue has become so Service contentious it is unlikely the home on 105 South St. will ever be open. Professionals This allows Hizzoner to give the impression that he is not against sober housing, just this particular sober house. Transportation How con-veeeeeniet. Given this namby-pamby approach, is it any wonder that the recent "drug �f summit" was such a transparent sham? http://www.southco asttoday.com/daily/09-02/09-15-02/60 i loO59.htm AABI 5133 of sobering thoughts and closed minds: 9/15/02 Page 2 of 2 Full Headlines But, once again, I digress. The point is that a gaggle of blind drunks would have an easier time finding Obituaries an apartment in this city than these eight guys who have been sober for eight Lottery months. Crossword The thinking among residents seems to run something along these curious Horoscopes lines: Why should we give this Egregious Eight the opportunity to trample on }S�g Back Editions our freedoms by contributing to society and staying out of trouble in an effort Special Reports to better themselves? It's all about our rights of life, liberty and the pursuit of Police Logs happiness, not theirs. We don't want you here. And neither do some of our more sober elected officials, if they know what's good for them, God bless every last vote-counting, appeasing, politically expedient one of them. Given the ugliness of the situation, I am left with no alternative but to suggest that we rent the house to staggering drunks, preferably, eight of whom show no sign of becoming sober any time soon. Functioning alcoholics would be nice, but beggars can't be choosers. They might not always pay the rent on time, but at least you know what to expect. : And isn't that what this is all about? :`•£>`"'i,128F« �...: Dick White can be reached through the Internet at soitgoescas-t.com This story appeared on Page 51 of The Standard-Times on September 15, 2002. -' U73i U35 PAINT"RN t3 f5tltlt Tfl TWs STORY . PAGF A 681&Mss http://www.,southcoasttoday.com/daily/09-02/09-15-02/bOl lo059.htm AAA 5M4 Hopkins, Thomas (DPS) From: Jerry Parisella Dap@alexanderfemino.netj Sent: Monday, March 16, 2009 9:58 AM To: Hopkins, Thomas (DPS) Subject: RE: Sober House Yes, I will get you a copy, thanks. From: Hopkins, Thomas (DPS) [mailto:Thomas.Hopkins@state.ma.us] Sent: Monday, March 16, 2009 9:48 AM To: Jerry Parisella Subject: Sober House Jerry, Has the "Agreement for Judgment" been signed of on by the Justice of the Superior Court? If so can we get a copy for our files. Thomas P. Hopkins Executive Director Architectural Access Board 617-727-0660 Phone 617-727-0019 TTY 617-727-0665 Fax www.mass.gov/dps 1 AAB 135 Hopkins, Thomas (DPS) From: Hopkins, Thomas (DPS) Sent: Monday, March 16, 2009 9:48 AM To: 'Jerry Parisella' Subject: Sober House Jerry, Has the "Agreement for Judgment" been signed of on by the Justice of the Superior Court? If so can we get a copy for our files. Thomas P. Hopkins Executive Director Architectural Access Board 617-727-0660 Phone 617-727-0019 TTY 617-727-0665 Fax www.mass.gov/dps 1 AAB 136 a� 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. AAB 137 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 Jerald A. Parisella BBO # 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 Approved this 13a'day of March, 2009 Justice of the Superior Court AAB 138 Hopkins, Thomas (DPS) From: btm95@aol.com Sent: Thursday, March 12, 2009 4:32 PM To: Hopkins, Thomas (DPS) Subject: Corrected agreement Attachments: viola-settlementagreement-final.doc Tom, Arty. Parisella just sent me the attached corrected Agreement for Judgment,which just added the word "owner" in paragraph 10. Bruce Macdonald Access 350+ FREE radio stations anytime from anywhere on the web. Get the Radio Toolbar! 1 AAB 139 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. AAB 140 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 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 Jerald A. Parisella BBO # 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 Approved this 13th day of March, 2009 - --Justice of the Superior Court -- — ---- -— - ----- - - ----- — -- --- -- — — AAB 141 Hopkins, Thomas (DPS) From: btm95@aol.com Sent: Thursday, March 12, 2009 4:26 PM To: Hopkins, Thomas (DPS) Subject: Salem sober house Attachments: viola-settlementagreement-final.doc Tom, The Agreement for Judgment regarding the Salem sober house is attached. The architect will begin his AAB review next week. Bruce Macdonald i Access 350+ FREE radio stations anytime from anywhere on the web. Get the Radio Toolbar! 1 AAB 142 Hopkins, Thomas (DPS) From: Jerry Parisella Bap@alexanderfemino.net] Sent: Wednesday, March 11, 2009 2:57 PM To: Hopkins, Thomas (DPS) Subject: 17 Salem Street Hello Tom, they have agreed to comply with AAB regulations. Thanks for all your help. I think we are close to settling this case. Jerry Parisella From: Hopkins, Thomas (DPS) (mailto:Thomas.Hopkins@state.ma.us) Sent: Tuesday, March 10, 2009 8:39 AM To: Thomas Stpierre Cc: Jerry Parisella Subject: RE: Salem High School Tom, This article was in the paper today, it relates to the Sober House case in that they found they were lodging house based on how many unrelated individuals were residing in the apartment units Thomas P. Hopkins Executive Director Architectural Access Board 617-727-0660 Phone 617-727-0019 TTY 617-727-0665 Fax v;ww.mass.gov/dvs From: Thomas Stpierre [mailto:TStpierre@salem.com] Sent: Monday, March 09, 2009 12:15 PM To: Hopkins, Thomas (DPS) Subject: Salem High School Hi Thomas, Believe it or not, I am not contacting you about Salem Street(sober house). I am wondering if your Department has received any incoming complaints regarding Access to Field House at Salem High School?We do have a problem up there and it is obvious only during evening and weekend events. Tom 1 AAB 143 Printer Friendly Version Page 1 of :-FARTPAENT C .. S/. ETI. W 10 [m/s To print this article open the file menu and choose Print. ' Click here to return to previous page. f' Article published Mar 10,2009 Mar 10,2009 0HITECTURAL ACCESS i Illegal lodging ruled Occupants are mostly college students By Nick Kotsopoulos TELEGRAM&GAZETTE STAFF nkotsopoulos@telegram.com WORCESTER—The Zoning Board of Appeals last night upheld cease-and-desist orders issued for three properties that city inspectors claimed were illegally operating as lodging houses. In each instance,city inspectors found four or more unrelated adults—in these cases they were primarily college students—living in the buildings.That is a condition that fulfills the definition of a lodging house,according to city officials. They said none of the properties•is licensed by the city to operate as a lodging house. The properties are at 142 West St.,a three-family dwelling;26 Elbridge St., a two-family dwelling;and 24 Elbridge St,a three-family dwelling. _ Similar cease-and-desist orders also have been issued for three other properties: 153 West St.,a two-family dwelling;17 Elbridge St.,a three- i family dwelling;and 30 Wachusett St.,a three-family dwelling.At the request of the property owners who have appealed those enforcement orders,the zoning board continued those cases to April 6. John Nordberg,senior housing inspector,said the housing violations were the result of inspection sweeps done by the city's Property Review Team throughout the city.He said the inspections primarily focused on housing, sanitary code,unregistered motor vehicles and fire prevention Issues,though inspectors also were told to be on the lookout for illegal lodging issues. /�- He said the city manager asked for the inspections because of his concern 1 1b. i Q1��ftr $1729 about increased violence in that part of the city.In total,15 enforcement 1,..&1J,.1J iJ.7 FJG $1729 orders were Issued as a result of the inspections. w/Salad&Potato. Mr.Nordberg said inspectors came across instances where there were more than three different last names on the mailboxes for several properties.He said that is a tipoff that a dwelling is being used as a lodging house.He said - each property was Investigated and it was confirmed that four or more - unrelated people were living in them. R a n s -.a. A Broggi Realty Series LLC,owner of the properties at West Street and Elbridge Street,appealed the cease-and-desist order,contending the enforcement orders were invalid. + Gary S.Brackett,a lawyer representing the realty company,argued that the housing inspector's application of the housing rules was subject to interpretation.He contended that the city had long allowed his client to operate their properties in a manner in which three unrelated lessees were allowed to sub-lease their dwelling to another two unrelated individuals. In effect,that allowed for as many as five unrelated individuals in a dwelling.Mr.Brackett acknowledged that five unrelated people were living at 142 West St.and four unrelated people were living at 24 Elbridge St. Although the City Council changed that rule in 2007,Mr.Brackett argued that his client should have protected status as a nonconforming use. 'These properties were used in that fashion before February 2007 and they continued to be used in an uninterrupted fashion since then,'Mr.Brackett said. John Kelly,the city's building commissioner,said it was his opinion that all three properties were operating as lodging houses. 'We're here to enforce the building and fire codes to protect homeowners and residents of this city;Mr.Kelly said.'The law is clear:four or more unrelated people constitute a lodging house.It's our job to enforce that law because it's all about life safety.' As part of its vote to sustain the cease-and-desist orders,the Zoning Board of Appeals recommended that those now living in those properties be allowed to remain .there until their leases expire at the end of May.Zoning board members,while seeking to uphold the zoning and housing regulations,said they did not want to put anyone out into the street - Joel Fontana,the city's director of planning and regulatory services,pointed out that two properties on Elbridge Street are located in a zone that allows lodging houses. He said the property owner could petition the zoning board for special permits to continue operating them as has been done in the past. AAB 144 . .. „ . ..., n.� nnnnnn,nn .-. err-...n n. • ...�r-_nn�,n moi.nr�nn Printer Friendly Version Page 2 of 'There's a remedy in the(city zoning)ordinance that allows for this type of use to be sanctioned by the city;Mr.Fontaine said. Order the Telegram&Gazette,delivered daily to your home or oRcel www.telegram.com/homedelivery Copyright 2009 Worcester Telegram&Gazette Corp. _ AAB 145 07-1 Deval L.Patrick '^� ^"�'�" Thomas G.Gatzunis,P.E. Govemor /�7J/ �.iy yyj��ee ee-enP V22 Commissioner Timothy P.Murray - cfRLNEIi 7�-fG -o O-/LL Thomas P.Hopkins Executive Director Lieutenant Governor c%�`iy ya�nili/1 - Kevin M.Burke e�a2 �V1� /L�OV`(/`l�r� H.,Nw.mass.govldps Secretary I/O Jerald A. Parisella, Esq. February 23, 2009 Alexander&Femino One School Street Beverly, MA 01915 g� U P 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. 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 bther 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 521 CMR 13.00: MEDICAL CARE FACILITIES. AAB 146 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 AAB 147 14/46/2448 MON 11: 22 rAX 978 921 x553 �,I44z/940 sop-25-06 04:15pm From-SALEM FIRE DEPT ADMIN tTrrd54646 T-330 P.02/06 F-0D2 ° �uGlk and eeau C7fiXe �� anv»ciau.'an Davos L PAM= �(� 98"fak r— 6L4 MAM=M.Puerta 00YERNOR ��7Q Qw�rdA.4 1br0ieYP.htOARnY 4/�OfU e(�6 t707l5 ... wA Ia.C&ML40R - PANL ur 978)X07-301( VI ' 978)56'7-89.ff1 S oCrum �varaM.l3Ntu - - SZ=A2.Y Docket#200S-o7 17-23 Salem Street Salem,Massaehnsetts AUTOMATIC SPRINXM APPEALS BOARD DECISION A) Statutory and Rggulaftry Framework This administrative appeal hearing is held in accordancs with Massachusetts Gencral 12w,Qaptar 3oA:Chapter 148,section 2611 Chapter b.section 201 and 530 CMR,to detamilae whether to alfitm the order of the Salem Flro Department roqulring the Appellant,Michael Viola, (hereinafter "Appellant')To instal] automatic sprinklers in the building owned by the Appellant located at 17- 23 Salem Street,Salem,MA. B) ]Procedu jg Historg By written notice dated May 22,2008 and received by the Appellant on May 22,2008,the Qty of Salem Fur Department issued an Oider of Notice to the Appellant informing him of the provisions of M.G.L c. 148,A.261,which requires that automatic spriaYlors be installed in the Appellant's building located at 17.23$alem Street, Salem,MA. The Appellant filed an appeal of said Order on June 30,2008. The board held a full heazing oa this matter on August 13,200a.at the Dapartment of Faro Services,Stow,Massachusetts. Appearing on behalf of the Appellant was:Attorney Bruce McDonald. Appemdttg on behalf of the Salem Fre Department was: Chief David W. Cody;Thomas McGrath,AIA; Salem Building Dapan=t;and Attoraey Jerald Parisela,Assistant City Solicitor,Salem. Present for the Board were: Thomas Coulombe,Acting Chairman;Roderick Fraser:Alexander Macleod;Peter Gibbons;John 3.Mahan:and Aime R.DeNault. Peter A.Senopoulos,Ssquitt, was the Attorney for the Board. C) Issue(s)to be Decided Whether the building located at 17-23 Salem Streer,Salem,as currently used and oceupicd,is ---" AAB 148 ID/06/2008 sON 11: 22 PAX 978 921 4558 X903/008 Sap-25-09 4405pm Fram-SALEM FIRE DEPT ADMIN 978T45484B T-330 P-03/06 F-902 subject to the automatic sprinkler requirements of MG1.c.148,s. 261-1? A) 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 Pleating 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 26117 approved by Mayor on February 17, 1987) 9. Building Permit—City of Salem 10. Renovation Letter Certificate of Occupancy 11_ Certificate of Occopatuy issued January S.2008 P Suhsidiary Findines of Fact 1, By written notice dated May 22,2008 and received by the Appellant on May 22, 2008,the City of Salem Biro Department issued an Order of Notice to the Appollant informing him of the provisions of M.G.I..c. 148,s,26H,and tequiang that automatic sprink]iets be installed in the AppOant's building located at 11-23 Salem Street,Salem,MA. The Appellant filed an appeal of said Order on Jane 30,2008, 2. On or about.1anuary 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 February12,1987. Said section dofimes a lodging house or boarding house as a house where lodgings are"let to six or more persons not within the second degree or kindred to the person conducting it." 3. The property located at 17-23 Salem Street,Salem,Massachuseas 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 fust floor as commercial space and transforming the second floor into a residential area.Tho Appellant is currently leasing the secmd floor residential portion of this bu4ding 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 buildin'g'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 cerin buildings considered a lodging house pursuant to)6.G-L c. 148§2% 2 — AAB 149 10/76/2008 Koji 11: 22 PAX 979 921 4553 - ®004/006 sop-25-o6 Wepm Frmm-SALEM FIRE DEPT ADMIN SIBT454646 T-330 P.04/06 FS02 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 ams on the first floor. 7• There ata currently six (6)individuals who reside at tho subject property:They each pay individual rant directly to The Appellant on a weekly basis, $y agreement,residents submit to murine drug/alcohol testing and agree to abide by house rules,which among other things' prohibit smoldng within the house.There is a house manager on site. S. The attorney for the Appellant agreos 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 ROL c, 148,s.26A but for the provisions of Federal Fair Housing Act. Appellant's counsel contends that the property, as it is ouxtently 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 an therefore exempt firm the provisions of M.G.L, c. 148,s.26Fi Appellant fiuthcr contends that the application of the provisions of said section 261,as applied to the occupants of the subject building,is discriminatory and requesu that the Board grant reasonable sccommodations,in the form of a waiver. 9. The Attorney for the Appellant,although citing several eases which support his legal argument involving situations based upon local"zoning"laws,conceded that there ale no ltederel 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 m 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 sprinlder 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. 1n support of their position,the representatives of the City of Salcm Fire l?epatiment 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 Pair Housing Act,since it applies equally to all such houses whetter or not the msident occupants are disabled or naL 3 �_ _ AAB 150 10/06/2008 XQN 11: 22 PAX 976 921 4553 ®007/006 Sap-25-08 04.19pm From-SALEM FIRE DEPT ADMIN DT87464646 T-220 P.OS/DE F-002 IF) XNn ate Findings of Fact and Conclusions of Taw 1, The Board finds that The building located at 17-23 Salem Street,Salem, as it is currently used and occupied,is subject to die provisions of M.G.L.0.148,s.26M 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 Bound has consistently detem&od that the provisions of M.G3.,c,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 fie. The sretute applies to all stela 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 it fire sprit)*system,it clearly does not probibli the intended use of the house by the Appellant or its occupants. I Additionally, the Board does not believe that it is the proper forum to determine whother the provisions of M.G.L. c. 148,s.26EL as applied to the Appellant,is contrary to Pedersl of constitutional provisions. Absent a clear detem3instioa by a court of law that the statute,as applied to[lee Appellant,is contrary to Federal law it is reasonable for Elie Board to conclude than 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 Conn(Massachusetts Sober HousingCorlw�on v.Automadc Surinkler AFoeals SoartL 66 Mass,App.Ct.701,705 (2006)). Cr) Deciaioo. Based upon the aforementioned findings and reasoning,the Board hereby upholds the Order of the Salem Fire Department to install advIlu a sprinkler protection in the subject building in accordance with the provisions of MG.L.c.148,s.26H. The Appellant is hereby required to install an adequate system of automatic sprinklers throughout the emus second floor living area,including all means of egress and entrances thereto from the fust flan. The first floor laundry area shall also be provided with an adequate sprinkler system. Additionally,the Appellant shall install an adegoataly monitored fire alarm system throughout all areas of the building including fust floor areas- The Board finds that a reasonable extension of time is w=etted to comply with this determination. Plans for the installation of an adequate sprhtltler 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 dare of this decision. 4 "' — AAB 151 10/06/20au MON 11,22 alai 976 921 4553 I®OOfi/006 Sap-26-06 WI0pm Frem,6AL5N FIRE DEPT ADNIN 9707464645 T-990 P.06/96 H02 Vote of 0.1t Soard Thomas Coulombe,Acting Chairman In Favor Roderick Fraser,Commissioner In Favor Alexander Macleod In Favor Pater Gibbons In Favor John 1,Mahan In Favor Aims DeNault In Favor 1) Right of ARgW You are hereby advised you have the right to appeal this decision,in whole or in part,within thirty (30)days from the date of receipt of this order,pursuant to section 14 of chapter 30A of the General laws. SO ORDERED, Thomas Coulombe,Acting Chairmm Dared: September 23,2008 A COPY OF THIS DECISION AND ORDER WAS FORWARDED By CERTIFIED MAIL, RETURN RECEIPT TO: Bruce T.MacDonald,Esq. 678 Massachuseas Avenue 5uito 901 Cambridge,Massachusetts 02139-3355 Chief David W. Cody Salem Fire Department 48 Lafayette street Salem,Massachusetts 01970 5 AAB 152 02/23/2009 11:51 9786673863 - PAGE 02/05 February 23,2009 James Rissling,RA 64 Allston Street Cambridge,MA 02139 Telephone: 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 3300sf 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, 2008, letter of Assistant Building Inspector Thomas McGrath.I have reviewed the documents for the renovation prepared by a licensed architect and submitted to the Salem Building Department.A construction permit was issued,final inspections had been performed and a Certificate of Occupancy was issued. 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 units at street level for the transaction of business but do not contain any stock, as defined in 780 CMR 304. ■ Residential, a dwelling on the second floor occupied as a single unit having two means of egress not common to any other units and separated by appropriate fire assemblies,780 CMR 310.5. AAB 153 02/23/2009 11:51 9786673863 PAGE 03/05 Use Area First Floor Unit I Mercantile(M) 604 NSF Lobby& Stora a 2" FIoor 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 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 coaxer 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 identified and accepted by the building official as an existing-nonconforming condition. The dwelling layout includes an open living/dining area and residential kitchen,three and one-half baths, seven 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. This building qualifies under article 780 CMR 3400.0,General Building Limitations (3400.3 Applicability). It is understood that most uses within this mixed use building have not changed; the second floor was formerly a residence and exercise studio and the lower floor used for business,therefore considered a part-change not resulting in a change in the hazard-index.At most a part-change in use for the area formerly the AAB 154 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(3400.1.3). Fire Protection Systems An automatic fire suppression system is not required under 780 CMR 904.2 because the' building in total does not exceed 12,000sf. However addition of the sprinkler system allows the separation to be one-hour as outlined in section 780 CMR 313.M.G.L. 148 26A is not applicable as this is not a high-rise building and 26G is not applicable since this is not entirely a nom-residential building;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 in accordance with Table 313.1.2. The required resistance of the Bra assemblies may be 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 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 the Sprinkler Appeals decision The existing structure currently affords a one-hour separation between the mercantile and business uses on the first floorand 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 AAB 155 02/23/2009 11:51 9786673863 PAGE 05/05 Jurisdiction of 521 CMR: Accessibility 521 CMR 3.6 outlines the application of Jurisdiction of 521 CMR 3.3 fox 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. Therefore each use and its apportioned value shall be reviewed separately for compliance with 521 CMR. Conclusion The building at 17-23 Salem Street, Salem MA is a mixed 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-hour 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 shall be applied proportionally to each use.A private residence is not required to comply with 521 CMR and since no public facilities are offered in the mercantile and business spaces 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. Sincerely, James Rissling,RA MA-Uc20039 4 of 4 - AAB 156 Hopkins, Thomas (DPS) From: Jerry Parisella [ap@alexanderfemino.net] Sent: Friday, March 06, 2009 5:18 PM To: Hopkins, Thomas(DPS) Subject: FW: Sober house Attachments: SKMBT_75009030316030.pdf Here is the architect's letter. Please let me know how the meeting goes. My understanding is the Fair Housing Act has its own accessibility requirements. -----Original Message----- From: Jerry Parisella Sent: Tuesday, March 03, 2009 5:15 PM To: 'Thomas.Hopkins@state.ma.us' Subject: Sober house Hello Tom, here is the architect's letter. He calls is an R-3 use and deems it private. Thanks for your help. Jerry Parisella -----Original Message----- From: GA-Brkr-Bizhub2@minusa.com [mailto:GA-Brkr-Bizhub2@minusa.com] Sent: Tuesday, March 03, 2009 11:04 AM To: Jerry Parisella Subject: Message from KMBT_750 1 AAB 157 Hopkins, Thomas (DPS) From: Jerry Parisella Dap@alexanderfemino.netj Sent: Thursday, March 05, 2009 5:14 PM To: Hopkins, Thomas (DPS) Subject: rooming house Hello Mr. Hopkins, Bruce Macdonald, the attorney for the owner of the rooming house is going to call you to discuss his client's situation. He seems to argue it is not a public building. We are trying to narrow the issues for trial and it looks like the AAB issues are still in dispute. Just wanted to give you a heads up regarding his call. It does look like the trial will begin next Friday. Thanks, Jerry. Jerald A. Parisella, Esq. Alexander& Femino One School Street Beverly, MA 01915 978-921-1990 978-921-4553 (fax) I 1 AAB 158 Hopkins, Thomas (DPS) From: Jerry Parisella Uap@alexanderfemino.net) Sent: Monday, September 15, 2008 9:20 AM To: Hopkins, Thomas(DPS) Subject: sober house Hello Mr. Hopkins, the sober house case in Salem that we discussed is scheduled for trial on December 29. Would you be available to testify if need be? I believe the testimony would be seeking would be to give the judge information on the Board's rules, how they apply to this building, the variance procedures, etc. By the way, the owner also filed a separate federal lawsuit against the city, claiming we are violating the Fair Housing Act and his constitutional rights by making him comply with the fire code and 521 CMR. One question I had: Does c. 40A sec. 3 give him any protection?That statute says: "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. The provisions of this paragraph shall apply to every city or town, including,but not limited to the city of Boston and the city of Cambridge." I appreciate your assistance. Please feel free to contact me if you wish. Jerry. Jerald A. Parisella, Esq. Alexander& Femino One School Street Beverly, MA 01915 978-921-1990 978-921-4553 (fax) 1 AAB 159 Hopkins Thomas (DPS) From: Thomas Stpierre [TStpierre@Salem.com] Sent: Wednesday, February 04, 2009 12:33 PM To: Hopkins, Thomas (DPS) Subject: 17-21 Salem street J Hi Tom, We are working on an upcoming Court Case involving this property. If you recall, we spoke a while ago about the _ owner having converted this building,s second floor from a empty Social club to a six bedroom,two bath "sober house" without the benift of a Building Permit or,Plans being submitted. I have asked my Assistant,Tom Mc,Grath,who is a registered Architect, to prepare a brief Code Summary and short overview of the building conditions. My cell is 978-375- 6252 if you would like to get me. I am in and out of the office frequently and the cell is the most likey way to reach me. Thanks, Tom 1 AAB 160 Hopkins, Thomas (DPS) From: Thomas McGrath [tmcgrath@salem.comj Sent: Wednesday, February 04, 2009 12:36 PM To: Hopkins, Thomas (DPS) Cc: Thomas Stpierre Subject: 17-21 SALEM STREET Attachments: 2.09 memo.pdf Tom Attached is a summary of the situation at Salem Street"sober house' we have spoken about. Any questions, please call Thomas McGrath Assistant Building Inspector City of Salem 978-745-9595 x5644 t AAB 161 CITY OF SALEM PUBLIC PROPERTY T MFRLEYDRTSCOLL DEPARTMENT MAYOR 120 W i HINGTON STREET♦SAL&FI, - A+SsncauSETrs 01970 TET_978-745-9595 4 FAX:978-740- 9846 February 4,2009 Memo To: Jerry Parisella,Thomas St.Pierre From: Tom McGrath RE.17-21 Salem Street I The following is a summary of the applicable Building Codes that are applicable to Mr. Viola's renovation of his building on Salem Street. i DESCRIPTION OF BUILDING 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 ft 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. HISTORY In the fall of 2007 Viola renovated the second floor of the building into.a 6 Bedroom apartment. No permit application for this work was filed or permit granted. When the Building Department became aware of the project,a permit was granted after the fact(permit#650-08)dated December 10,2007 and the apartment was inspected by Plumbing,Wiring,and Building Inspectors.An occupancy permit was issued on January 8,2008.The occupancy permit explicitly states that the only use is"for a single unit only" The occupancy permit was revoked on January 28,2008 when this department was informed by the Salem Police that Viola was renting multiple rooms and calling the facility a"Sober House". Given the actual use intended,a Permit application,with plans and Construction Control affidavits,should have been filed for a change in use from existing mixed use to a mixed use, 1-1/M/A3 building.No such permit application was made or issued CODE SUMMARY Code Reference Building Code Plans and Specifications(Construction Documents) 780 CMR are required with permit application for work of this scope Section 100.7 AAB 162 CITY OF SALEM �- PUBLIC ' PROPERTY KIIvIBERLEY DRISCOLL DEPARTMENT MAYOR 120 W-1SHwGTON STREET♦S.0 1, NUMACHlSEM 01970 TEL:978-745-9595♦Fat:978-740- 9W 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. MA-AB 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 secondJloor 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 AAB 163 CITY OF SALEM PUBLIC � i PROPERTY KIMBERLEY DAISCOLL DEPARTMENT M1YOR 120 W,15HINGTON STREET S.iLEh(, NL1ssACHusETTs 01970 'ISL:978-745-9595♦FAX:978-740- 9W 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. DESCRIPTION OF BUILDING 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 ft 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. HISTORY In the fall of 2007 Viola renovated The second floor of the building into a 6 Bedroom apartment. No permit application for this work was fled orpermit granted. When the Building Department became aware of the project,a permit was granted after the fact(permit#650-08)dated December 10,2007 and the apartment was inspected by Plumbing, Wiring, and Building Inspectors.An occupancy permit was issued on January 8,2008.The occupancy permit explicitly states that the only use is"for a single unit only" The occupancy permit was revoked on January 28,2008 when this department was informed by the Salem Police that Viola was renting multiple rooms and calling the facility a"Sober House". Given the actual use intended, a Permit application,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.No such permit application was made or issued CODE SUMMARY Code Reference Building Code Plans and Specifications (Construction Documents) 780 CMR are required with permit application for work of this scope Section 100.7 AAB 164 CITY OF SALEM PUBLIC b PROPERTY IMMERI.EY DRISCOLL DEPARTMENT MdYOR 120 WAsmNGTGN STREET♦ S uy-N[, MusAcHusETrs 01970 TEL:978-745-9595 4 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 secondJloor is considered to be a single dwelling unit and not an 1-1 use,Sprinkler systems and handicapped accessibility are still required Sincerely, Thomas McGrath,AIA Assistant Building Inspector cc: file AAB 165 Hopkins, Thomas (DPS) From: Jerry Parisella dap@alexanderfemino.net] Sent: Tuesday, February 10, 2009 10:21 AM To: Hopkins, Thomas(DPS) Subject: Sober house Attachments: SKMBT_75009021010010.pdf Hello Mr. Hopkins, here is info from the building code regarding use group I-1 (which includes halfway house) and the article in which the owner is quoted as saying he spent $300,000 in renovations. Thanks for your help. I will let you know about the court case. It is scheduled for March 13 at 9 a.m. in Newburyport Superior Court. Jerry Parisella -----Original Message----- From: GA-Brkr-Bizhub2@minusa.com [mailto:GA-Brkr-Bizhub2@minusa.com] Sent: Tuesday, February 10, 2009 5:02 AM To: Jerry Parisella Subject: Message from KMBT_750 1 AAB 166 Salem fights 'sober house' Page 1 of 2 F. A3 . S ;1 �' online Salem fights 'sober house' By Tom Dalton Staff writer May 22, 2008 05:42 am SALEM—City officials are scheduled to be in court today to challenge a"sober house" trying to open in the Point neighborhood. The city filed a complaint in District Court against Michael Viola of Saugus,who wants to operate a home for former drug addicts and alcoholics at 17-21 Salem St.,which is behind the former St. Joseph Church property.He has six residents living there now and has plans for 22, his attorney said. At a recent hearing, a judge ruled that no new tenants can be added until the legal dispute is resolved. In the complaint, Assistant City Solicitor Jerry Parisella alleged that the landlord got approval for a single-family home but,in fact, is operating an illegal rooming house. He failed to get required permits before construction,the attorney said. The city has revoked the building's certificate of occupancy., "Our concern is the health, safety and welfare of the tenants," Parisella said. "We contend it doesn't meet the current building code for a lodging house,which requires sprinklers" and other safety measures. The sober house is legal and protected under the federal Fair Housing Act, according to Viola's attorney,Bruce Macdonald of Cambridge. The law,he said, covers individuals with disabilities,which includes recovering addicts. "A city or town cannot discriminate against people in recovery who desire to live in a house such as this, and the city is required to grant what is called reasonable accommodations,"he said. The former addicts are living in a "single housing unit," the attorney said, and will cook and eat together and share common rooms. Viola said he spent more than $300,000 renovating the former French club, L'Union St, Jean Baptiste,which now has 10 bedrooms, a new kitchen and dining area,and a lounge with leather couches and a wall-mounted,wide-screen television. Outside,it has benches, flower tubs and video cameras mounted high on the building. "I think it's beautiful," said Joseph Bush, 33, a recovering drug addict and resident of the house. Although there is no full-time supervision, John Festa,62, who said he worked at a halfway house in East Boston,is the volunteer house manager,Viola said. Festa said he will help residents get jobs and counseling. "This is sober living," Festa said. "These are guys who live together and get responsible together." "This saves lives," Viola said. "People have got to understand.It saves lives." Salem fights'sober house' Page 2 of 2 Copyright© 1999-2008 enhi,inc. Photos The city goes to court today over this building at 17 Salem St.,planned as a sober house for 22 recovering drug and alcohol addicts.The city contends it is an illegal rooming house. Staff photo t A7II A019 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS USE AND OCCUPANCY CLASSIFICATION . materials shall include, but not be limited to, the employing equipment listed by an approved - following testing agency, provided that this occupancy is (1) Corrosives separated from all other areas ofthe building byl- (2) Highly toxic materials hour fire-resistance-rated fire barrier walls or (3) Toxic materials horizontal assemblies or both. IF] 307.7Group H-S Structures. Semiconductor 7. Cleaning establishments which utilize a liquid fabrication facilities and comparable research and solvent having a flash point at or above 200°F development areas in which hazardous production 8. Li. materials(HPM)are used and the aggregate quantity t Liquor stores and distributors without bulk s of materials is in excess of those listed in Tables storage. 307.7(1) and 307.7(2). Such facilities and areae 9. Refrigeration systems. shall be designed and constructed inaccordance with l0. Thestoragees utilization is materials for 780 CMR 415.9. agriculturalStationary pnary bate the premises. 11. Stationary batteries utilized for facility (F] 307.8 Multiple Hazards. Buildings and emergency power,uninterrupted power supply or structures containing a material or materials telecommunication facilities provided that the representing hazards that are classified in one or batteriesareprovided with safetyventing caps and more of Groups H-1, H-2, H-3 and H-4 shall ventilation is provided in accordance with the conform to the code requirements for each of the International Mechanical Code. occupancies so classified. 12. Corrosives shall not include personal or [F]3079 Exceptions: The Jollowing shall not be household products in their original packaging classified in Group H,but shall be classified in the used in retail display or commonly used building occupancy that they most nearly resembles materials. Hazardous materials in any quantityshallconform 13. Buildings and structures occupied for to the requirements of 780 CMR, including aerosol storage shall be classified as Group S-1, - o CMR 414, the requirements cl the provided that such buildings conform to the International 414,ire Cade andrequirements therequi of thents requirements ofthelrtternationalFire Codeand with the requirements of the Massachusetts of the Massachusetts Board of Fire Prevention - Board of Fire Prevention Regulations (517 Regulations(S27CMR). CMR). 1. Buildings and structures that contain not more than the maximum allowable quantities 14. Display and per control area of hazardous materials as and nonflammabllee oor noncombustible liquid r of nonflammable solid _ shown m Tables 307.7(1)and 307.7(2)provided hazardous materials in quantities not exceeding that such buildings are maintained in the maximum allowable quantity per control area accordance with the Massachusetts Board of in Group 41 or S occupancies complying with Fire Prevention Regulations(517 CMR). 1CMR 414'2'4' l5. 2. Buildings utilizing control areas in accordance 5. The storage of black powder, smokeless with 780 CMR 414.2 that contain not more than propeLant and small arms primers in Groups M the maximum allowable quantities per control and R-3 and special industrial explosive devices area of hazardous materials as shown in Tables in Groups B,F,M and S,provided such storage 307.7(1)and 307.7(2). - conforms to the quantitylimits andrequirements 3. Buildings and structures occupied for the Prescribed in the requirements of the application ojflammablefinishes,provided that Massachusetts Board of Fire Prevention such buildings or areas conform to the Regulations(517 CMR). requirements of 780 CMR 416,the requirements 780 CMR 308.0 INSTITUTIONAL.GROUP of the International Fire Code and with the requirementsoftheMassachusemBoardofFire 308.1 Institutional Group 1. Institutional Group I Prevention Regulations(527 CMR). occupancy includes, among others, the use of a 4. Wholesale and retail sales and storage of building or structure,or a portion thereof,in which flammableandcombustibleliquids in mercantile people are cared for or live in a supervised occupancies conforming to the International environment,having physical limitations because of Fire Code and the requirements of the health or age are harbored for medical treatment or Massachusetts Board of Fire Prevention other care or treatment, or in which people are Regulations(527 CMR). detained for penal or correctional purposes or in 5. Closed systems housing flammable or which the liberty of the occupants is restricted. combustible liquids or gases utilized for the Institutional occupancies shall be classified as Group operation of machinery or equipment. I-1,1-2,1-3 or I4. 6. Cleaning establishments that utilize 308.2 Group 1-1. Rxcept as modified by the combustible liquidsolventshaving aflashpointof provisions of 780 CMR 4.00,Specialized Detailed 140°F (60°C) or higher in closed systems Requirements Based on Use and Occupancy, this 8/22/08 (Effective 9/1/08) 780 CMR-Seventh Edition 59 AAB 169 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE occupancy shall include buildings, structures or generally incapable of self-preservation due to parts thereof housing more than 16 persons,on a security measures not under the occupants'control. 14-hour basis, who because of age, mental This group shall include,but not be limited to,the disability or other reasons, live in a supervised following: residentialenvironmenithatprovidf spersonaleare (1) Prisons services. The occupants are capable ojresponding (2) Jails to an emergency situation without physical (3) Reformatories assistance from staff, except as modified by the (4) Detention centers provisions of 780 CMR 4.00,Specialized Detailed (5) Correctional centers Requirements Based on Use and Occupancy. This (6) Prerelease centers group shall include, but not be limited to, the Buildings of Group 1-3 shall be classified as one of following. the occupancy conditions indicated in 780 CMR (1) Residential board and care jacilides 308.4.1 through 308.4.5(See 780 CMR 408.1). - (2) Halfway houses 308.4.1 Condition 1. This occupancy condition (3) Group homes except as otherwise identified shall include buildings in which free movement is (4) Congregate careftcUldes - allowed from sleeping areas, and other spaces (5) Social rehabilitation facitities where access or occupancy is permitted, to the (6) Alcohol and drug centers exterior via means of egress without restraint. A (7) Convalescentfacilities Condition l facility is permitted to be constructed - - Except as modified by the provisions of 780 CMR as Group R. 4.00,Specialized Detailed Requirements Based on 308.4.2 Condition 2. This occupancy condition Use and Occupancy,a facility such as the above shall include buildings in which free movement is with five or fewer persons shall otherwise be allowed from sleeping areas and any other classified as a Residential Use Group and occupied smoke compartment to one or more appropriately classified, in accordance with other smoke compartments. Egress to the exterior 780 CMR is impeded by locked exits. 308.3 Group 1-2. Except as modified by the 308.4.3 Condition 3. This occupancy condition provisions of 780 CMR Chapter 4, Specialized shall include buildings in which free movement is Detailed Requirements Based an Use and allowed within individual smoke compartments, Occupancy,this occuponcyshallincludebuildings such as within a residential unit comprised of and structures used for medical, surgical, individual sleeping units and group activity psychiatric,nursingorcustodialcare on a24-hour .spaces, where egress is impeded by remote- basis of more than five persons who are not controlled release of means of egress from such a _ - capable of self-preservation. This group shall smoke - compartment to another smoke include,but not be limited to,the following: compartment (1) Hospitals 308.4.4 Condition 4. This occupancy condition (2) Nursing homes (both intermediate-care shall include buildings in which free movement is facilities and skilled nursing facilities) restricted from an occupied space. Remote- (3) Mentalhospitals controlled release is providedto permit movement (4) Detaxrficanon fmihhes from sleeping units, activity spaces and other Except as modified by the provisions of 780 CMR occupied areas within the smoke compartment to 4.00,Specialized Detailed Requirements Based on other smoke compartments. Use and Occupancy,a facility such as the above 308.4.5 Condition 5. This occupancy condition with five or fewer persons shall be classified as a shall include buildings in which free movement is Residential Use Group and appropriatelyclassfed, restricted from an occupied space. Staff- in accordance with 780 CMR. _ controlled manual release is provided to permit 308.3.1 Child Care Facility. A child carefzeility movement fmmsleepingunits,activity spaces and (not a Day Care Center)that provides care on a other occupied areas within the smoke 24-hour basis to more than five children two compartment to other smoke compartments. years and nine months of age or less shall be classified as Group 1-1. Note however,that the 308.5 Group 1-4, Day Care Center. This group express Special Use and Occupancy she include buildings and structures occupied by requirements of 780 CMR 412.0,for Day Care persons oftwo years none months oryounger who Center occupancies shat/override the general receive custodial care for less than 24 hours by requirements and limitations ofE and L USE individuals other than parents or guardians, relatives by blood,marriage or adoption,and in a . 308.4 Group.1-3. This occupancy shall include place other than the home of the person eared for. buildings and structures that are inhabited by more Places of worship during religious functions are not than five persons who are under restraint or security. included. Notg that the express Special Use and An 1-3 facility is occupied by persons-who are Occupancy requirements of 780 CMR 412.0,for 60 780 CMR-Seventh Edition 8/22/08 (Effective 9/1/08) AAB 170 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS USE AND OCCUPANCY CLASSIFICATION Day care occupancies shall override the general (b) Boarding houses(not transient) requirements and limitations of and I USE (c) Convents 308.5.1 Adult Care Facility. A facility that (d) Dormitories provides accommodations for less than 24 hours (e) Fraternities and sororities for more than five unrelated adults and provides (1) Monasteries - supervision and personal care services shall be (g) Vacation timeshare properties classified as Group 14. (h) Hotels(nontransient) Exception: A facility where occupants are (i) Motels(nontransient) capable of responding to an emergency (3) R-3 Residential occupancies where the situation and evacuating in no more than three occupants are primarily permanent in nature minutes, without direct physical assistance and not classified as R-1, R-2, R-4 or I and from the staff,shallbe classified as Group A-3. where buildings do not contain more than two 308.5.2 Child Day Care Facility. A facility that dwelling units as applicable in 780 CMR 101.1, providessupervision andpersonalcareonlessthan or are adult and child carefacilides thatprovide a 24-hour basis for children two years and nine aceommodationsforftve orfewerpersons ofany months of age or less shall be classified as Group agefor less than 24 hours. Adult and child care I� facilities within a single-family home that are not otherwise controlled by the Day Care or 780 CMR 309.0 MERCANTII.E GROUP M various Group home requirements of 780 CMR 4.00, are permitted to comply with 780 CMR 309.1 Mercantile Group M. Mercantile Group M 51.00 through 99.00: Massachusetts Building occupancy includes, among others, buildings and Code for One-and Two-Family Dwellings, 7h structures or a portion thereof, for the display and Edition(plus Referenced Standards,Regulations, sale of merchandise,and involves stocks of goods, Appendices and Index) in accordance with - wares or merchandise incidental to such purposes 780 CMR 101.1. and accessible to the public.Mercantile occupancies (4) R-4 Residential occupancies shall include shall include,but not be limited to,the following: buildings arrangedjor occupancy as residential (1) Department stores careincluding more thanfive butnotmore than (2) Drug stores 16 occupants, excluding staff. Group R-4 (3) Markets occupancies shall meet the requirements for (4) Motor fuel-dispensing facilities construction as defined for Group R4 except as (5) Retail or wholesale stores otherwise providedfor in 780 CMR(i,e.,seismic (6) Salesrooms provisions of780 CMR are imposed on otherthan one-and two family houses,etc.). 309.2 Quantity of Hazardous Materials. The aggregate quantity of nonflammable solid and - General Note: Pursuant to M.G.L. ac. 19e - nonflammableornoncombustibleliquidhazardous as ivitthe Ex epees which are certified materials stored or displayed in a single control as' such by the Executive Office of Ehler ential area of a Group M occupancy shall not exceed the Affairs,p B-1,all a 2,R-3,,or in the applicable quantities in Table 414.14. use group din R 1,de or poses applicable, Note: also see 780 CMR 424.0 for Bulk For Building Cade purposes, however, Merchandising Retail Buildings. portionsAssisted Living Residences which are usedfor for any use other than residential 760 CMR 310A RESIDENTIAL GROUP R shall be classified and designed and constructed in accordance with the intended 310.1 Residential Group R. Residential Croup R use. includes, among others, the use of a building or structure,or a portion thereof;for sleeping purposes 310.2 for Definitions. The following words and terms when not classified as an Institutional Group I. shall, for the purposes C 780 CMR the and as Residential occupancies shall include the following used elsewhere in 780 CMR, have the meanings (also see 780 CMR 310.1: General Note): shown in 780CMR 310.2 (1) R-I Residential occupancies where the ASSISTED LIVING RESIDENCE A residence occupants are primarily transient in nature, certified by the Executive Office ojElder Affairs including: - pursuant to M.G.L.c 19D (a) Boarding houses(transient) BOARDINGHOUSE.A building arranged orused (b) Hotels(transient) forlodgingforcompensation,with orwithout meals; (c) Motels(transient) and not occupied as a single-family unit (2) R-2 Residential occupancies containing sleeping units or more than two dwelling units DORMITORY. A space in abuildingwhere group where the occupants are primarily permanent in sleeping accommodations ane provided in one room, nature,including: or in a series of closely associated rooms,forpersons (a) Apartment houses not members of the same family group,under joint 8/22/08 (Effective 9/1/08) 780 CMR-Seventh Edition - 61 AAB 171 ° CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TET.:978-745-9595 FAx:978-740-9846 December 31, 20081 2a F Mr. Michael Viola SAN 2 4 Butterfield Road Saugus, Ma.01906 - RE: I9-2I Salem Street Dear Mr. Viola, The following is a copy of the letter sent to you October 9, 2008 and again on December 7, 2008. I am re-dating this letter so as to allow you to meet the requirement that your appeal be filed within 45 days of my rejection. As I stated in an August 5, 2008 letter(copy attached) to Edward Nilsson, Architect responding to a code review for a new beauty salon to occupy space in the above building formerly occupied by a storefront church the application is rejected for the following reasons: 1. Mr. Nilsson's letter regarding code issuesaddresses only the beauty salon tenant space being altered and not the building as a whole. Over the last two years this entire mixed- use building has been substantially renovated, albeit without proper permits. 2. Under section 3400.3.1 of 780 CMR,this building does not qualify for review under Article 34 because outstanding violations have been cited by this office. The owner has been cited for creating a Rooming House (Use Group 1-1 as defined in 308.1 of 780CMR)in violation of Building and Zoning Codes. 3. A fire suppression system is required for the entire building under 780 CMR 904.2 and MGL chapter 148 26A and 26G which requires sprinkler systems in substantially renovated buildings over 7,500 sf in area. (the subject Building is approximately 10,200 sf) Refer also to 780CMR 3400.3.1 and Official Interpretation 45-96 in appendix B of 780 CMR which discusses this requirement at length. 4. Section 3.3.2 and 3.5 of 521 CMR (MAAB Regulations)require that the entire building be made fully accessible, if, as we believe, the cost of renovations in the past 3 years exceeds 30% of the building's value. We will not issue any permits for work at this address until plans, prepared and stamped by licensed professionals, of the entire building, indicating fire ratings of structural elements, enclosure of exits, separations between tenants, work required to address 521 CMR regulations and calculations and plans for a fire suppression system for the entire building have been submitted and reviewed and a permit application filed by licensed construction supervisor. AAB 172 CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON$TRE-ET♦ SALEM,MASSACHusE7-rs 01970 TEL:978-745-9595 ♦FAX:978-740-9846 You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards and/or the Sprinkler Appeals Board and/or the Massachusetts Architectural Access Board. Sinc rel , Th s McGra h, AIA Assistant Building Inspector cc: file,Fire Prevention,Electrical Dept.,Legal Dept.,Attorney Bruce McDonald,Patricia Barry BBRS,, k s op ans i AAB 173 Printer Friendly Version Page 1 of tel mira,m,CQ,hm ILY To print this article open the file menu and choose Print. Click here to return to previous page Article published Feb 26,2009 Feb 26,2009 Anger rises against `sober house' By Danielle M.Williamson TELEGRAM&GAZETTE STAFF dawilliamson@telegmm.com GARDNER—Mayor Mark P.Hawke wants the South Middlesex Opportunity Council to abandon its intention to renovate a vacant Pleasant Street building into housing for recovering substance abusers,and will urge state officials today to revoke funding for the project Mr.Hawke first spoke out against the planned 15 units at 214 Pleasant St.in January 2008,when he wrote to the state Department of Housing and Community Development soon after taking office.Since then,he said,he has talked to officials from the Framingham-based SMOC,who assured him they would work to address his concems about the grant-funded housing planted across the street from a liquor store and bar. But when the agency filed construction plans Feb.5 and listed the project as'supported sober housing'on its Web site,the mayor was furious. "I've talked to other communities that have dealt with SMOC,and this appears to be their M.O.;Mr.Hawke said.'They come in and shove projects down your throat.I don't want this happening in Gardner.We don't need a.nonproft that doesn't have a vested interest in the city putting a sober house here.' Mr.Hawke,Community Development Director Robert L.Hubbard,state Sen. Jennifer L.Flanagan,D-Leominster,and state Rep.Robert L.Rice Jr.,D- Gardner,are to meet with the Department of Housing and Community Development this afternoon in Boston. In January 2008,the department pledged$520,000 to SMOC through its Housing Innovation Fund for 16 affordable apartments at 214 Pleasant St.At the time,Mr.Rice praised the project SMOC had bought the 5,000-square- foot building,formerly occupied by a gym and a bar,in July 2007. Mr.Hawke said the state should have known the city's urban renewal plan targeted 214 Pleasant St for demolition,partly because it blocks drivers'line of vision at Pleasant and Willow streets.He also said new low-income apartments would be overkill in Gardner,which has one of the highest - affordable housing rates in the state. 'If the DHCD is going to spend$500,000 to make it a pretty building,why don't they spend$150,000 to tear it down and do us a favor?'Mr.Hawke said. Ms.Flanagan,who orchestrated the meeting this afternoon,said the state department,as SMOC's funding source,should be able to answer her constituents'questions.SMOC officials,who did not return calls seeking comment,will not attend. 'I'm concerned about the placement near a bar and a liquor store,and want to know the project's intention,'Ms.Flanagan said.'Why is SMOC coming to Worcester County and placing a facility in Gardner?' SMOC also has sober houses in Worcester and Hardwick,and affordable housing in Worcester,Fitchburg,Leominster and Spencer. Mr.Rice did not speak as favorably about the project as he did last year.He said state officials will have to answer"the hard questions'this afternoon.A DHCD spokesman did not respond to several phone messages requesting comment. 'Maybe'sober house'has a different connotation than we're giving it,but I thought the whole point of this was to help residents of this area who struggle with low. wages and high rent,'said Mr.Rice.'l didn't look at it as being part of a program to help a certain population regain their.sobriety.I want to know why they'd abandon their original goal.' Order the Telegram&Gazette,delivered daily to your home or officel wwwArilegram.comlhomedelivery Copyright 2009 Worcester Telegram&Gazette Corp. AAB 174 Large Bedroom - Available immediately Page 1 of 1 email this osting to a friend boston crai sg•list> north shore> housing > rooms & shares please fly with care: miscate orized prohibited spam/overpost best of crai slist Stating a discriminatory preference in a housing host 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 [&rors when replying to ads?] 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 salemroams@yahoo.com • Location: Salem, MA • it's NOT ok to contact this poster with services or other commercial interests PostingID: 1605429264 http:/Iboston.craigslist.org/nos/roo/1605429264.htnd 2/22/2010 Thomas McGrath Assistant Building Inspector City of Salem 978-745-9595 x5644 -----Original Message----- From: Salem Rooms [mailto:salemrooms@yahoo.com] Sent: Monday, February 22, 2010 9:08 AM To: Thomas McGrath Subject: Re: Salem Room We have a room still available. The is on street parking. 21 Salem Street. The nice section behind St Josephs church. Let me know if you are interested in the room. --- On Thu, 2/18/10, Thomas McGrath <thosmcg22@gmail.com> wrote: From: Thomas McGrath <thosmcg22@gmail.com> Subject: Salem Room To: salemrooms@yahoo.com Date: Thursday, February 18, 2010, 7:06 PM Hello Where is the building? Any off-street parking available? Could I check it out on Saturday? Tim No virus found in this incoming message. Checked by AVG-www.avg.com Version: 9.0.733 / Virus Database: 271.1.1/2696- Release Date: 02/21/1014:34:00 • I cn m I m � I co i cl) Z 1 P q 0 V P �6 8 a I ai I � g ————————————————— —— I -8—————— --- d c U 8 88 L �o 2 Drawn By:RZ James Rlssling, RA sheet No. 64. Allston Street Cambridge, MA 0z139 a' q June, zooq Title: Of 4 n 17 Salem Street. Salem, MA 01970 W 1/8^=l'_o„ EXISTING FIRST FLOOR PLAN N •P 45-5' cm m I 01100 OE w OD _ II CD 1 n ' g O j o ' Q 8 - - -n A O O - Foo O 0 8 Drawn By:RZ James RISSIIng, RA Sheet No. 64 Allston Street Cambridge, MA 02139 na 9 June, aoog Title: 2 of 4 W 17 Salem Street. Salem, MA 01970 EXISTING SECOND FLOOR PLAN cn 0 0 Z v d- L 13'4 1/2° 13'-2 3/4" 60"P O AO E] x Id I I PWQ RM BEDROOM a< RFDROOM ai RFDROOM av BEDROOM,, / YAP pry• ru6o , HLT4FN '4 ADD 30.72 PANTRY F ADD CABINET W/WALL OVEN /6D m x 01 M JCU N \\ DININLROOM ` O L 6c+o 36r90 Q O L ( , SL[}5Q ON •N C ^ Q N 0 O J a RORACE s>:oBace FFICV o_ L'vt pt � vQCn � Q O O.. BATH m ,0 J ---- E u- 1 HR.FIRE SEPARATIONv - Z NOTE: COMBINE a6 AND 17INTO ONE 0BEDROOMa6 B INO AIRdTFo v UJ LU 1 NI46 ROOM QI v BEDROOM -NEW 2.,4 PARTION WALL FRAMING UFT V) 0 1 HR.RATED D00R OPENING DN E WHEELDNAIN ELEVATOR UFTCLOSE_ v d F%ST NG t\ d Proposed Second Floor Plan P Scale: 1/8" = V-0" P O O - y0 i Co ai - C I I 7 d c 3 L AAB 27 �t Z 0 v c� v r 27'-9- 18'-7 1/2" 8'-6 1/2' 20'-5" Cni I OPEN OBELOW BATH I LJ ,KITCHEN I 1 HR.RATED DOOR I l PROPOSED DOORINFO MRAGE.SME TO BE 1 HR.RATED D000. DETERMINED AND HEADER TO BE ENGINEERED 0` 1 HR.FIRE SEPARATOI I EYI r RORAC.E � v O < o _ 01 C> I ° Q CECHARM i BFAI rtY SAfON i - L/ ra10 E 0 1 HR.RRE SEPARATION I I DN o E 0 WHEEDHAIR ELEVATOR ULT LL ---- I I <•b Ln F-- ® i 4.; C _ o a' i Ln LU o 0 0 UP N P d. I I ORBY N �� ,n 0 wi r cL i7I' � •p F - EXI 1NG PUBLIC SIDE-WALK SLOPING DOWN Proposed First Floor Plan Scale: 1/8" = 1'-0" a 0 0 N O v _ I N Co C P r Co 0 3 AAB 26 CITY OF SALEM PUBLIC PROPERTY " DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL 978-745-9595 FAX:978-740-9846 June 8, 2009 Commonwealth of Massachusetts " Department of Public Safety Architectural Access Board 6„�4, 10 zoo Attn: Thomas Hopkins, Director �HITETi 09 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 '/2 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. AAB 28 ° CITY OF SALEM �a PUBLIC PROPERTY DEPARTMENT KIMHERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TSL: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 Summar , this department would recommend against granting this variance. Si c ely, Thomas E. McGrath, AIA Assistant Building Inspector/Local Inspector cc: file, J. Parisella Esq., Salem Commission on Disabilities AAB 29 Docket Number xyw) Deval L.Patrickyy--y"'"—'"'"'_ y�� Thomas G.Gatzunis,P.E. m Goveor / p/-006/0y y/p p�/ ppp Commissioner Timothy P.Murray _ G�67/-/L/-OO7eY L LLG Thomas P.Hopkins Governor Goveor G�jZ�'''' /b 6 L Director Kevin M.Burke r7 glti 67/-1G'�'066J' - w .mass.govldps Secretary 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 AAB 30 _New Construction _Addition X Reconstruction, remodeling, alteration _Change of Use 3. 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 '/z baths, shared kitchen, living& dining area, office and storage spaces. '. 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 3. 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 3. 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 AAB 31 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 9650-08 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 9650-08 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 AAB 32 Signature of owner or authorized agent PLEASE PRINT: James Rissline Name 64 Allston Street#3 Address Cambridge MA 02139 City/Town State Zip Code (617) 680-4595 Telephone R�CEiv r=i) ,FPARTNAENT OF PUgUO SAFETY p l MAY 2 9 2009 l � TECTURA ACCESS F"'R Rev, 10/08 AAB 33 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 28.12.1d. 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 I of 2 AAB 34 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. e c r 0 2 of 2 AAB 35 - Ili • s � d Sd�C�( �J'f� i �Y� fl A ` { M12�'TirrS:tu.._...F._rv';°�w1 tai "f ' F IBM .. IIEii.V • ' l�furry"jai r .�ttW' YYi 'r�� $u.a}uQ,fl'w n. i ids M/1 C fi V �� G1' � 3d t ✓ "4r .d3 -g l�}'h a SII �a�� 'f�t4 1�'ltJ�,h�e 6 (�. In 4 , �w,�.;�• ,�,,, TO 5 ut "i' t r ki. L 2 .tri„wrn,a � 11z, + m5 151� (nlhk�jaf Y Zai i G, r F M1 t�lrh'ii",.i rtl V 1 q� 3N � RZ co Ar t • May, 2009CD AS NOTED. , • 20, S" MOVE EXISTING UPPER I AND LOWER CABINETS IN PLACE OF-STOVE, AND Z N ADD PANTRY CABINET W/ v WALL OVEN 0 EXISTING UPPER AND ,i MF j LOWER CABINETS TO REMAIN i r , / 60"e ji- REPLACE EXISTING CABINETS W/ COUNTER TOP W/ SINK AND f//Z COOK TOP AT 34" HEIGHT. C' �� ' Kitchen Elevation Scale: 1 /4"=1 '-0" KITCHEN /i REPLACE EXISTING 0' ADD ANTRY MOVE EXISTING UPPER AND o ❑ 0 TOPIW/ SINKNETS /ANDNTER o j ADD CABINET j LOWER CABINETS IN PLACECOOK TOP AT 34 Q 0 W/ WALL OVEN / OF STOVE, AND ADD CABINET HEIGHT. —„ c a W/ WALL OVENDE � O v O Accessible Kitchen Q=,r� Scale: 1 /4"=1 '-0" 0 0 ❑ El � 11 � ro '0 E o E Z 20'-5" N = 2 Kitchen Elevation Scale: l /4"=1 '-0" v v ;_ LnQ Y F_ L ): KITCHEN o LLI fu o z i C4 oN Q n Existing Kitchen Image of Kitchen 3 Scale: 1 /4"=1 '-0" NTS. o AAB 38 11'-112° a' 6" 3' 011 3._611 1'_011 \\ Cn ,+ m cnCD 01 Ul \G( lO 3 - II -- o �I o 0 rr I V \ — — P \ �� f ( I_E3 C11 0 o ( o o N - I a cn c1 U) m . cn �z. (n 1 < J rt• \ O II J 1 O 191 w U 0 0 Nil 11 I'm - - Z'-10° 01 w O (n .M 1911 N \ O L9 II J M34 6 0 Drawn By: lames Rissling, RA Sheet No. Rz 64 Allston Street v Cambridge, MA 02139 O0 29 May, 2009 Title: 3 w 17 Salem Street. Salem, MA 01970 AS NOTED. ACCESSIBLE BATHROOM _ II ISI r r� r I� t orf Y�� 1� 7F� Irll � � � � • 1 °°f S � 'F � !1I �.. a°'}`l Gt'µP't] f e r • s a S .rt P�l'�'n 7Jr � � 1 � � ..t..rpi ? f p'' ! u 'L i4: "t'p • fit;f`,�,9,¢'4� � ��t.�, I I��t C1 I � � 1 ,� i ,, �� ,` y¢ � �� "r ,t �4'rwis 'crl 1 iQ • �Fr��,, I�e A�'reP�l _ iyl • " ".`d - a � rU�'��9��} r �v 6 1 II 4 7 �+SCilry t -C >trr�3; am'F a tl- r ! h$i�1k I A, • �ura`;5�«¢.`N zfk'Xs� E 1 • _ irfl� 1 ,+ L: d�.Y u.4� r�< � , g?"r ?F �yp�*� '!�a �o�, • Irk' 'l -., N rr+ mz0z up3� V z O_ C \\ 0 m #z m M _� \ r Oca fD \ rTi < m Zr � ° 000 -Di r Z T x Z0 lU \ AD 3v M Z ;a 01 CZ 46° T OT O \ \ \V AAVA v. w�VA�A� `, v v. o z C) r m � - -pt o u- (o O_ < \� X z M n r„ _ c , „ D M 4_ 6 P r- A 2 n I D N rig RAMP r > 0 yr T r D o 41 r 3 p T. in 7�_0�� 5_2.. r O XXI O z C v z \ Drawn 6y:RZ James Rissling, RA Sheet No. 64 Allston Street v Cambridge, MA 02.139 0° 29 May, Zoog � .2 Title: 17 Salem Street. Salem, MA 01970 I J AS NOTED. WHEELCHAIR ELEVATOR LIFT. Docket Number W axr WG�XO Deval L Patrick ya•J'p�^'G� bpaPlapep�t%rjIiF Thomas G.Gatrunis,P.E Governor 'G�'O6DD/�-O DD�GO-/LLG Gornmissioner Timothy P.Murray Thomas P.Hopkins Lieutenant Governor V7617-7,�7-OD�r9 Dimer - Kevin M.Burke 67/ D665 w .mass.Bovldps Seuetary 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: Tel: 2. State the name and address or other identification of the building/facility: . S5' s�uf/U3rlJr�' /! 3. Describe the facility: (Number of floors, type of functions, use, etc.) VV0 5'7V�r1 , AZ/GrN /�/ �'?� U�c" �y//�7!/�c i � w%Z> �UB96ry • rtrr8� 4. Total square footage of the building: W Per floor: 1360 a. total square footage of tenant space (if applicable): &5�-j CF Ir Rev, 10/08 AAB 41 5. Check the work performed or to be performed: _New Construction_Addition ✓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). .°�+'�%� ..�. !�3x.'(Rvr2fi��'1��£i?,"�� "2I�E:- Se�n./�"L ��i-✓�3ZL G✓�'fi i13'� "a"5 4 f?a?x::; 4Mi'llrC 07VP ,Y/r rh rPE sly n /r F=6 te-7v G�r�YIsOLz� G'.%L�z�'/° ��`"�J-•z°Lc 7b iICG�-:�tY.,�e�� l r!iL'4�v1.�✓h2.5, � .h�fi`Y�c /�cav �� r� r/3 , � r iso 1 �Tl ✓4 �r UX-C, s sn z �ic�--✓ s ��t ' 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 [f2006 Regulations -9"y, '�" n s 1 J L'�T7r u.' .. r..✓�.'e �.. w� 'hv'— --.t%'f"'ly SECTION NUMBER LOCATION OR DESCRIPTION �VK Via",°=, �F'fvk Ca"✓1vznc ,6T. .°P'tt�Ulrc L�'o'Gua✓F.we r� Ca�k7'r9r414 Sln/kttf�s2c fr Z..�r � E±L6Vi`78 rt 2/�.G•1 Lf?llG2 �iltlNGvlcniA24-T �t1G8Gs��n ENTj::; �G�7 8. Is the building historically significant?_fires ✓ 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. Rev,10/08 AAB 42 10. Has a building permit been applied for? ?r, Has a building permit been issued? Yev 10a. If a building permit has been issued, what date was it issued? / lo-7 10b. If work Pas been completed, state the date the building permit was issued for said.work: �, , 18� � 11. State the estimated cost of construction as stated on the above building permit: 11a. 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 occupant been issued for the facility? If yes, state the date: ©/�e8/,q a 14. To the best of your knowledge, has a complaint ever been filed on this building relative to accessibility? ✓ yes no f�&,,i 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: 'Q,z'R !, d 0 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: P.0-MA;P„WTC1�7 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: _TE /g � 18. State the name and address of the building inspector responsible for overseeing this project: 120 tv,01'�-IIWOMAJ 1;;W OP770 _TEL: 978 75/,f= 9r9fi Rev, 10/08 AAB 43 Date: Signature of owner or authorized agent PLEASE PRINT: Name Address City/Town State Zip Code Telephone Rev, 10108 AAB 44 Architectural Access Board Application for Variance: 17 Salem Street, Salem MA May 27, 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. 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 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. 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 an inclined chair lift to provide access in Compliance with Section 28.12.5. An Inclined Chair lift will utilize the existing stairway without great modification of the building's structure and current layout. Residents in wheelchairs will arrive at the same area outside the house office as other residents; being an important function of the house. A vertical lift from the first floor lobby would too greatly impact the function of the second floor by requiring the elimination of sleeping accommodations, and require residents in a wheelchair to arrive a the second floor in secondary manner through an additional corridor. 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. This will require coordination with the City and verification of spot elevations. Because of the financial situation of the building owner; who relies on the income of operating the building we request 12 months until commencement of work to meet compliance of AAB Regulations and the variances. This will allow the building owner to obtain necessary funds for the work. Upon commencement,we estimate 6 months would to complete work,not taking in account any long lead items such as the chair lift. If a lead time is identified at the time work begins that exceeds the 6 month construction period AAB will be notified in writing upon confirmed order. AAB 45 20'-5 ,y c I O 0.00 Lo i 1 - PWD RM _ I i KLLCHENI PANTRY WITH WALL OVEN Accessible Kitchen Floorplan Scale: 1/4"=1'-0" -. 20'-5" I OO 0,`) P_NLQ._RM, KITCHEN D Existing Kitchen Floorplan D Co Scale: 1/4"=1'-0" A C" -6" 3=0' '0 I aATH \ 1 LI — - �;..; -� a `< e i A6xG i-6° i-6° 6oa3o CLQiEC Bathroom Eleva1tion Bathroom Elevation Scale: l/4"=1'-0" Scale: 1/4"=1'-0" Accessible Bathroom Floorplan Scale: 1/4"=1'-0" / BATH ' p: BATH. Cri / Q TH D D Existing Bathroom Floorplan 00 Scale: 1/4"=1'-0" °A J CITY OF SALEM PUBLIC PROPERTY c DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSFJ( 01970 �� TEL:978-745-9595 FAX:978-740-9846 1— =._:C - `v ;_;%}--� < DEPAP.TPAFNT OF Fl:b?t.i SAFETY; May 12, 2009 MAY 1 8 2009 Commonwealth of Massachusetts Department of Public Safety State Building Code Appeals Board Attn: Program Coordinator One Ashburton Place Rm 1301 Boston, Ma.02108 RE: 19-23 Salem Street, Salem Docket#09-706 Gentlemen: We received the Board's decision on Docket#09-706 dated April 9, 2009 regarding the above property on May 11, 2009. I am requesting a full written decision of the above case. I am particularly concerned that the concise decision I received yesterday grants relief to the appellant from MGL 148 and 521 CMR. It is my understanding and it was clearly stated at the hearing that the State Building Code Appeals Board has no authority to hear appeals for other than 780 CMR and that they had no interest in discussing violations of MGL 148 and 521 CMR at the hearing. Sincer ly Thomas cGrath,AIA Assistant Building Inspector cc: Brian Gale, State Building Code Appeals Board William Middlemiss, State Building Code Appeals Board Alexander McLeod, State Building Code Appeals Board Thomas Hopkins, MAAB Bruce McDonald Esq. Gerald Parisella, Esq. AAB 48 The Commonwealth of Wassachusetts Department of Pu61u Safety Board of Building Regulations andStandards OneAsh6urton (Place, qZ9orn 1301 Thomas G.Gatzunis,P.E. - Commissioner Devai L Patrick Boston, W assachusetts 02108-1618 - Governor Alexander MacLeod,FLA. Tlmothy P.Murray - (Phone (617 72 7-7532 Tax(617)227-1754 Chairman Lieutenant Governor - Gary Moccia,P.E. 2iIT(617 727-0019 Vice Chairman. Kevin M.Burke r Secretary Unm.millss.govl ps Robert Anderson O CC Administrator Date: April 9, 2009 Name of Appellant Bruce MacDonald,Esq. Service Address: 49 Massachusetts Ave.,Suite 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: 02-24-09 Enclosed please find a copy of the decision on the matter aforementioned. Sincerely: BUILDING CODE APPEALS BOARD Patricia Bar ,Clerk cc: Building Code Appeals Board Building Official AAb 49 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 6rh Edition 780 CMR 3400.3.1, 904.2, and MGL Chapter 148 26A and 26G, and 521 CMR Sections 33.2 and 3.5 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 6`h Edition 780 CMR 3400.3.1, 904.2, and MGL Chapter 148 26A and 26G, and 521 CMR Sections 3.3.2 and 3.5, 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 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 61h Edition 780 CMR 3400.3.1, 904.2, and MGL Chapter 148 26A and 26G, and 521 CMR Sections 3.3.2 and 3.5 is hereby granted with the condition noted in the discussion above and so ordered2 on this date: February 24, 2009. ,,,9f0-nAaL I:t 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 2I 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. AA B 50 y Sze Commonwealths of Massachusetts Department of Pu6Cu Safety Board of Buiffing fturations andStandards OneAsha6'urton ('lace, Room .1 301 Thomas G.Gat=ents,P.F— De Govertwr iek Boston,.MassaChusettr o2108-1618 Commissioner Timothy P.Murray Phone (617) 727-.7532 Ta)C(617)227-1754 ae><and°�Iman MacLeod,�.A. Lieutenant Governor Kevin M.Burke / 77Y(617) 727-0019 Gary Moccla,P.E. VIPs Chairman - S=etary �,�q�p�W� - w W .massgov/dps Robert Anderson Administrator Date: April 9,2009 Name of Appellant: Bruce MacDonald, Esq. Service Address: 49 Massachusetts Ave.,Suite 8 Cambridge,MA. 02139 In reference to: 19-23 Salem Street Salem; MA. 01970 Docket Number: 00-706 : Property Address: . 19-23 Salem Street Salem,MA. 01970 Date of Hearing: 02-24-09 Enclosed please find a copy of the decision on the matter aforementioned. Sincerely BUILDING CODE APPEALS BOARD Patricia Barry,Clerkt cc:. Building Code Appeals Board Building Official l AAB .. 51 i STATE BUILDING CODE APPEALS BOARD SIGN-INSHEET Docke,,t Number 09-706 Appellant Macdonald;ES Building-0fficial . McGrath Hearing Date 02-24-09 HearingTime 9:30 am. Appeals Board Members Gale : MacLeod : Middlemiss . PLEASE PRINT LEGIBLY Nan:e Address Telenlioae ' - i. ��K � sg A'ca�fof•( d . MA�oF-a d�6� E 6r� - �'/o-2-o S�r . 5-k qv XAflf . taux? 163 75a . t Cn w � n a W I STATE BUILDING CODE APPEALS BOARD OPENING STATEMENT: Mr. Chairman: The date.is: February 24. 2009 the docket#is 09-706 The appellant is: Bruce Macdonald. Ug.. . . 49 Massachusetts Avenue Suite 8 Cambridge MA 02139 The property involved is: 19-23 Salem Street Salem MA. 01970 The appeal is based on the provisions of the 6' Edition of the State Building Code relative to: (Section/Table) Relief desired: .780 CMR 3400.3.1.780 CMR 904.2. &.MGL Chapter 148 26A and 26G 521 CMR Section 3.3.2 & 3.5 DECISION; (Please complete this section at the hearing). The Building Official supported/opposed the appeal filing: Board members voted to: Grant Appeal Deny Appeal Reason for approval/denial: The decision was unanimous/ objected to by: Reason for objection: Provisos (if any): BOARD: AAB 53 STATE BUILDING CODE APPEALS BOARD DOCKET NUMBER: 09-706 PROPERTY ADDRESS: 1.9-23 Salein:Street, Salem, MA. 01970 APPELLANT: Bruce Macdonald, Eso. BUILDING OFFICIAL: Thomas McGrath check one Item Item Document Date Appellant Building # Dated Received Official 2. c41 s. bA.Py44M 4. 2V a y 2r2y-d5 6. C t -W,ift"q 7 ZgGg DIM .0 � . s 10. AAB 54 I "\ : . . •• 1 I: ` lig • •. I • I I • I Y •. • III a �_ rr°,� r•'fi sJ p�-�=�!-�� ,�.�„ci (4} '�Il"�'� W -�.-mc-- .�- --� s I awry a' .-o-. ., ry•. �+;�n '�c l' ,tet ��Xt�.�"�.€y> -#-Jl� :-t —"�.� ,�s `-c,.�➢ Please take care to submit all wriften supporting documentation with this application to allow time for review. However,Board members reserve the right to continue proceedings if such material warrant extensive review. Please provide brief description of the desired relief below. Additional information may be attached if space is not sufficient All appropriate code sections that are subiect to appeal must be identified in the description. The assistant building inspector has denied all permits for construction of a beauty salon/barber shop on .the first floor of the building. The denial is based . on the use of,the second floor as a residence for individuals recovering from alcoholism and/or drug addiction. The building department previously issued permits for construction of a variety,.-store on the first floor, without reference to the use of the second floor. Please complete the following section completely and accurately. Name of Representing: Appellant•. Bruce T. Macdonald, .Esq. Michael Viola; owner 649 Massachusetts Avenue, Suite 8 Address Cambridge,, MA 02139 For Service Telephone Number. 617-354-1711 Far 617-354-5749 Number. . 19-23 Salem Street Address of Subject Properly Salem, MA 01970 (if different from service address): What is appellant's connection to subject property? Attorney for owner, Michael Viola /'00l Bruce T. Macdonald ESQ Signature of Appellant and\or R?Pmentative Please Print Name Legibly 5 AAB 56 a 777 Do not complete the entire table below for a One-or Two-Family Dwelling;complete only section entitled "Description of the Proposed Work". DESCRIPTION OFP.ROPOSEDWORK(dieck all applicable) New Construction ❑ Existing Building Repair(s) Q Alteration(s) Addition ❑ Accessory Bldg. ❑ Demolition ❑ Other Specify: Brief Description of Proposed Work - Build out a Rortion of the first floor to create a beauty salon barber shop. USE GROUP AND Co_x wcngll:wZ � USE GROUP(Circle appropriate Use Group) CONSTRUCTION TYPE A Assembly A-1 A-2 A3 E A-4 A-5 B Business E Educational F Factory F-1 F-2 H High Hazard I Institutional 1-1 1-2 1-3 M Mercantile R Residential R-1- R-2 R-3 S Storage S-1 5-2 U Utility Specify: M Mixed Use Specify S Special Use Specify: COMPLETE 7H.ISSECTION5 EXISTING,RUILDING UNDERGOING_RENL�XARONS,ADDL3'jiJil]S AND%OR CHANGE IN USE Existing Use Group: B Proposed Use Group: B Existing Hazard Index(780 CMR 34): Proposed Hazard Index(780 CMR 34): BUILDING HEIGHT AND AREA BUILDING AREA Existing(if applicable) Proposed Number of Floors or stories include 3 basement levels Floor Area per Floor(sf) 3,375 Total Area(so 10,125 Total Height(ft) 25 Are there unresolved issues with local zoning ordinances? Yes or No ❑ If yes,please explain briefly why this zoning issue is not a factor in the appeal; Shing issues concern -the.-,second floor which is a residence for recovering alcoholics/addicts: The first floor is zoned for business use. The Building Department has issued permits for construction of' a convenience store on the first floor but refuses to issue permits for any other business use. 6 AAB 57 i, Bruce T Macdonald as attorney for the Appellant/Petitioner f i•bed an appeal filed with the State Building Code Appeals Board on Canaury 9, 20 09 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 122.3.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE 1 Thomas McGrath, Asst. Bldg. Insp. Cerfified 1/9/09 120 Washington Street, Salem, MA 01970 Mail-RRR 2 3 signature:Appellant or Petitioner On the 9th Day of January 20 09 PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED Bruce T. Macdonald fr➢pe or Print the Nam oftheAppellant) ,,s�•` fM.� $ AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. _ NOTARY PUBLIC MY COMMISSION EXPIRES4i (C 1• AAB 58 CITY OF SALEM PUBLIC PROPERTY DEPARTMENT 1041WRr_EY DRISCOU., MAYOR 120 WASHINGTON STREET♦SALEM,MASSAO-]USPYn 01970 TEL:.978-745-9595 FAX:978-740-9846 December 31, 2008 Mr. Michael Viola 4 Butterfield Road Saugus, Ma.Q1906 RE-'..19-21 Salem Street Dear Mr. Viola, The following is a copy of the letter sent to you October 9,2008 and again on December 7, 2008.I am re-dating this letter so as to allow you to meet the requirement that your appeal be filed within 45 days of my rejection. As I stated in an August 5;2008 letter(copy I.attached)to Edward Nilsson,Architect responding to a code review for anew beauty salon to'6ccupy space inahe above building 1 . formerly'occupied'by'asrorefront church the gpplaeatibit is re�eetedfor the fotlowang reasons:. •, , I Mr Nijsson s lettei regarding G9det issues addresses only the beauty salon tenant space being altered and trot the building as a wholedver`thd-last two years this entire mixed- use building has been substantially renovated;albeit without prdper:permits. . 2. Under section 3400.3.1 of 780 CMR; this building does not qualify for review under Article 34 because outstanding violations have been cited by this office. The owner has been cited for creating a Rooming House (Use Group I-1 as defined in 308.1 of. 780CMR)in violation of Building and Zoning Codes. 3. A fife suppression system is required for'the entire building under 780 CMR 904.2 and MGL chapter 148 26A and 260 which requires spriner systems in substantially renovated buildings over 7,5kl 00 sf in area. (the subject Building is approximately 10,200 sf) Refer also to 780CMR 3400.3.1 and Official Interpretation 45-96 in appendix B of 780 CMR which discusses this requirement at length. 4 Section 3.'3.2 and 3.5 of 521 CMR WM LB Regulations)regwre-that the entire building be made fully accessrble,.lf,,as we beli6v'6 f the cost of renovations:in the past 3 yeas exceeds 30% of the building's value. We ivill;not isslie any permits for:work.at this address until plans, prepared and stamped by hcenseii professionals, ofahe entire butldmg indicating fire ratings of structnra) elements,enclosure of exits, separations between tenants;work requireddo.address 52.1 CMR regulations and calculations and plans for a fire suppression system for the entire building have been submitted and reviewed and a permit application filed by7icensed construction supervisor. AAB 59 CITY Or SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR - - 120 WAsm4GmN S aer♦SALEM,MASSACHUSETTS 01970 TE[_978-745-9595 FAx:978-740-9846 You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards and/or the Sprinkler Appeals Board and/or the Massachusetts Architectural Access Board. Sincerely, Thomas McGrath,AIA Assistant Building Inspector cc: file,Fire Prev cal Dept.,Legal Dept.,Attorney Bruce McDonald,Patricia Barry BB RS omas Hopkins]\ AAB 60 AFFIDAVIT OF MICHAEL VIOLA I, Michael Viola, state the following: 1. I am the owner of the .property at 17-23 Salem Street, Salem Massachusetts. 2 . On or about . August 10, I received a copy of a letter addressed to my architect, Edward Nilsson', dated August 5, 2008, which he had received from Thomas McGrath, Assistant Building Inspector of the City of Salem. That letter denied an application for building permit which my architect had submitted for the construction of a beauty salon in the first floor of my property. I had previously received a building permit to construct a convenience store in the first floor at the opposite end of the building. 3. Because the letter was addressed to my architect and not to me I requested that my attorney ask for a similar. letter addressed to me so that I could file an appeal with the State Building Code Appeals Board. 4. Some time later I received a copy of the same August 5, letter from the City addressed to my architect. I again asked my attorney to request that the City direct the letter to me. Up to today, December 10; 2008, I. have not received such a letter. 5. My attorney has today provided me a copy of a letter dated October 9, 2008, which was faxed to him by the City' s attorney. The letter is addressed to me at 4 Butterfield Road, Saugus, MA 01906, my home address. I never received this letter. The first time I have seen this letter is today, December 10, 2008, when it was shown to me by my attorney. Signed under the pains and penalties of perjury the 10th day of December, 2008 . Echael Vio a AAB 61 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 ..........._I ................ ........_-------------------- ..-....... . .................................................--.`—.__.......... Add2ss Town/City Name . IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR SECOND FLOOR(SINGLE UNIT ONLY) I i This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires .............................................unless sooner suspended or revoked. Expiration Dale ..... . ....... .......t . .... 1 Issued On:Tue Jan 8,2008 -------- ..... . ..' '/— ... .. ... _..._ ........... ... .. ..... ........................----- .......... .. GeoTMS®2008 Des Laudens Municipal Solutions.Inc. AAB 62 CITY OF SALEM PUBLIC PROPERTY. DEPARTMENT \OMI48 ' FI\1141:IU.10'1>Ifltifl tll. \l:4Pf lit 12U IX'.611WGI U?i$'141i1':I'�S.�IJGAI,\f fS1.\CI ICRP:I'6 0197U 'I'P1.:978-715-9595 VAN:978-140-9846 Revocation of Certificate of Occupancy January 28,2008 Michael Viola 4 Butterfield Road Saugus, MA 01906 RE.17 Salem Street, Salem, Ma . Dear Mr. Viola; It has come to the attention of this office that the allowed Residential Unit that was recently granted a Permit to Occupy is now being used as a Lodging House. A response by the Salem Police Department this past weekend to a Sober House located at this address has been forwarded to this office. The Operation of a Boarding House(as defined in Chapter 3, Section 310.2 of 780 CNIR, the State Building Code) is a building arranged or used for lodging for compensation, with or without meals, and not occupied as a single unit. This Department was very clear on the allowed use of this property when the C of 0 was granted. The current use of this property is in violation of both the State Building Code and the Salem Zoning Ordinance. The City if Salem Building Department is revoking the Certificate of Occupancy for this property, effective immediately. You have the right to Appeal to this action to the State Board of Building Regulations and Standards, located at l Ashburton Place in Boston. Sincerely, / j7eph'E. Barbeatl, Jr. Assistant Building Inspector/ Local Inspector CC: file, Mayor's Office,Fire Prevention, Police Dept., Health Dept., City Solicitor's _ _.. .. .._.._ .._. . Office, Councilor McCarthy AAB 63 0t Y I Y' 111 ; � � III �•.I N�,' Y _ r' sy w � - ii, rn„:I I �'I 1. •N - -' �}:n . � � .. .q, _ - �,:>. . . ., .. . � ..�� r,' i. -- 1 �. . . . - a,x .�' 1 l� �, � , _ ,i _ f4t rµtY; .. f� � - � L<ry. _r ' >,i "�' ti s- � �; ixm r .. , - �� - '✓ s`'yya''(j+ i � �; 3�:.� y n.e # '24�n�. A{,', s ��r s < �qa; � �3-.; ey/ 1!, �}t%l '1`. y c��., �` �p • 4 �r � ,�{<y � ;1 1 tJQ t.; t L rg^R i s s-i y r- r r -1 / .. A ' A Y iv r.i++�'wrvnt�i.4 4 •y "YEA '(..(�y. '�S 5A1J. t I. 'r i - -,-- -' - r'f y S ! 'I�+ .i s J Hyl ;� '��{ I_. I �� ' \\I 11t • ' f , � 1 I 1 � r�r riyr -^M�`%4•�=5 t i�`� rC l_�\�,l I\ � t �,�,, c —v'�z,�yx 'i•r ys y Lit'—�—' rs� I�tl Kv ©° t { 1 7— I F 4 I 1y'y1� �• I�' _tT i 1 � r ti . ' _ _.... I✓!. ''I� 4111 11� r] ] t ,f J T jf�Ll SOMOMMMMml - - NilM C3 Sr � 1T 7 zt I r'r 1, µ x�T�l sw �{•� T��+��*y r, II --=17 SALEM STREET 650-08 GIS 9: 451. COMMONWEALTH OF MASSACHUSETTS Mal 34 Block: CITY OF SALEM Lot: 0322 Camgory: REMODEL Perms(:? .650-06 - BUILDING PERMIT . Project JS-2003-000949 Est. Cost: $30,000.00 Pee Charged- Balance Due: PERMISSION IS HEREBY GRANTED TO: Const: Class: Cantrcictur: License: Expires L'se.Group: V'rCONSTRUCTION LotSi..-- 6.): 3429:9144 . .. _ -Groner: VIOLA&IICHAEL 7_oninu: R3 - Units Gained_:_ - Applicant: VIOLA-MICHAEL Units Lost: AT: 17 SALFM STREET ------ Dig Safe#: ISSUED ON: 10-Dec-2007 AMENDED ON: EXPIRES ON: 10-Jun-2008 TO PERFORM THE FOLLOWING WORK: REHAB 2ND FLOOR POST THIS CARD SO IT IS VISIBLE FROM THE STREET 1hideElectric Gas - Plutnbine Buildine - 1Scr - rground: underground: 1 undegro,, r Excavation: tiee: Meter: 1 I Footings: Rough: / R"Ilr1 `_'1Ruutth: oat P Foundation: Final: . J •I:.�i�l� t Final: �(1+hi Rough Frame:' Fireplace/Chinniq: D.P.W. C Firre,z " Health �/ �7 Insulation•/ -. .\leer: il: /j,�. qq lluuse q In �•v Trc:uurp: Water: n: _ 5cncr. . 5prinklers: - . . THIS PERIMIT iNIAY BE REVOKED BY THE CITY OF SALEM UPON V L.AT[ON OF ANY OF ITS RULES AND REGULATIONS. t Signature: � I rr , ( `;1 iia i. [,la i✓LU' t Jil t' t Geu9'\Itig'2007 Des Lam'iers\ unicipul5ohrtions.Inc. AAB 69 The Commonwealth of Massachusetts : (Department ((��oft 6fic fS(af�ett[y BoardofBu�ng fturattonsandSta---"--rd Thomas G.Galzunis,P.E issloher One,4sh6/urtonLTracee,�.from 1301 Gary ncelia Leval L Patrick Boston, Massachusetts 021 08-1 61 8 Gary halm.,P.E. Governor Chairmen timothy P.Murray - Phone (617) 727-7S32 Tax(617)227-1754 Alexander MacLeod.RA. Vice Chairmen Lieutenant Governor - 471Y(617) 727-0019 Robert Anderson Kevin M.Burke Administrator Administrator Seastary 71nM.Mass.gov1dps 09-Feb-09 MrJMrs.Bruce Macdonald,Esq 649 Massachusetts Avenue, Suite 8 Cambridge,MA. 02139 Docket Number 09-706 Property Address 19-23 Salem Street Salem,MA. 01970 Hearing Location 1380 Bay Street Taunton,MA.02780 Hearing Date and Time 02-24-09 9:30 a.m. Dear Mr./Mrs.Macdonald,Esq The appeal for the subject property has been scheduled to be heard on the hearing date and time and . location indicated above. A map is enclosed for your convenience. The State Building Code Appeals Board requires your presence or that of your representative at its hearing relative to the above case.. Please bring with you a copy of the record, including any plans, sketches,drawings,etc,that will help to give the Appeals Board grounds to adjudicate this appeal. The State Building Code Appeals Board hearings are held pursuant to 801 CMR 1.02 Informal Fair Hearing Rules. NO POSTPONEMENTS OR REFUNDS WILL BE GRANTED. In order to reschedule an appeal case,you must first withdraw the original case and file a new application. A new application fee will be required. Very truly yours, THE STATE BUILDING CODE APPEALS BOARD Q . Patricia A.Bony I Coordinator AAB 70 A �e Commonwealth of Massachusetts Department oflTuffic Safety Board cifBuiUzng Wegulations andStandards mcmaa G.Ge zunls,PX:One Ashburton Tface, mom 1.301 Commissloner Deval L Patrick Gary Moccla,P.E. Governor Boston, Wassaehusetts 02108-1618 Chairman Timothy P.Murray Phone (617 727-7532 T'a C(617)227-1754 Alexander MacLeod,Ra Lieutenant Governar - Vice Chairman TIT(617) 727-0019 Kevin M.Burke - RobertAnderaon Secretary u.,ww.mass gov/dps Administrator 09-Feb-09 Mr./Mrs.McGrath Building Commissioner 120.Washington Street Salem,MA. 01970 Docket Number 09-706 Property Address 19-23 Salem Street Salem, MA.01970 Hearing Location 1380 Bay Street Taunton,MA.02780 Hearing Date and Time 02-24-09 9:30 a.m. Dear Mr.JMrs.McGrath The appeal for the subject property has been scheduled to be heard on the hearing date and time and location indicated above. A map is enclosed for your convenience. The State Building Code Appeals Board requires your presence or that of your representative at its hearing relative to the above case. Please bring with you a copy of the record, including any plans,sketches,drawings; etc,that will help to give the Appeals Board grounds to adjudicate this appeal. The State Building Code Appeals Board hearings are held pursuant to 801 CMR 1.02 Informal Fair Hearing Rules. NO POSTPONEMENTS OR REFUNDS WILL BE GRANTED. In order to reschedule an appeal case,you must fust withdraw the original case and file a new application. A new application fee will be required. Very truly yours, THE STATE BUILDING CODE APPEALS BOARD Patricia A.BarTyJ Coordinator AAB 71 i 9fie Commonwealth of Wassachusetts Department of(Public Safety Board of BuiUt'ng 1sgulations andStandards Thomas G:Ga4unls,P.E J�� E one•Ash6urton Prace, Room 1301 Commissioner Patrick Moccia;P.E. Oeval L Pa Governor - Boston, Massachusetts 021081618 Chairman Timothy P.Murray - (Phone (617) 727-7532 'Fax(617)227--1754 Alexander MacLeod,K.a Lieutenant Governor Vice Chairman Kean M.Burke 7gT(617)727-0019 Robert Anders Sauetary - - utttrtv,massgovIdps Administrator Chief David Cody 48 Lafayette Street Salem,MA 01970-3695 Docket Number 09-706 Property Address 19-23 Salem Street Salem, MA.01970 Hearing Location 1380 Bay Street Taunton,MA. 02780 Hearing Date and Time 02-24-09 9:30 a.m. Dear Chief David Cody The appeal for the subject property has been scheduled to be heard on the hearing date and time and location indicated above. A map is,enclosed for your convenience. This notice is forwarded to you by the Sinte Building Code Apeasl Board as a courtesy.You are not compelled to attend but are encouraged to do so if you have a particular interest in the case. If you have any questions relative to the above referenced appeal,please contact your BUILDING OFFICIAL. , Very truly yours, THE STATE BUILDING CODE APPEALS BOARD � Patri�1cia k. 1 Coordinator AAB 72 De aILPar trick / /6ff� �ie�' Oo Govern OD .Kevin M.Burke 1La'1LC /r y y�pdy tJy6pp Secretary Timothy P.Murray Lieutenant Governor Thomas G. - Gatzunls P.E. - Commissioner May 6,2009 BRUCE T:MACDONALD 649 MASS AVE SUITE 8 CAMBRIDGE, MA 02139 Rear BRUCE MACDONALD, Enclosed please find a copy of your returned check from your bank regarding insufficient •funds.. Your submitted License Renewal has been voided until you provide the Department of Public Safety with Postal money order/certified bank check,and an additional fee of$15.00 for the returned check. If you have submitted an Application to take an exam, yotir Application will be retianed to you, You will have to Re-Submit the Application with a Postal Money order/certified check. You may request reinstatement of your License/Permit/Certificate within ten (10) days .of receiving this notice.Please send this letter back with your repayment. Sincerely, Cynthia.R. Merchant DPS,.Supervisor of Cashiers AAB 73 BANK OF AMERICA, N.A. Page Ol of 01 EAST RETURN ITEMS H P.O. BOX 2518 Bank . : 00493 HOUSTON, TX 77252-2518 . Center Divider: 14,101 Code 3 B . -- Deposit Account: 13-0428 Charge Account : 13-0428 COMM OF MASS DEPT OF PUBLIC Store/Re'ference:00000000000000 SAFETY RECEIPTS ACCT ATTN DPS, CASHIER 1 ASHBURTON PL RM 1301 BOSTON MA 02108-1502 US Dear Valued Customer: Date of Notice: 03-11-2009 "� - 6 ""•"'`' tier 4,.,-,'h_ch w re de' os;tett _ to your accounthave been ur_ kad unpsid. *110129 a* ,_-- - re 0000007701$085C c3 Thls is a LEGAL Use It the same .-";7\T , check.IsyIs You can use 0the same wayches o,would use Lhe ori final \.\ C \ry>tr\'\r\'r."r•`'r�r�y\;r.\„� r 8RU EI-q Ln it.?%rc8i.Lt1•_n_f. rSly=`:\•.\'�C/i ,. a :, e_,.. : . RET rno . naeassa�wmcsn: N REASON-D O-0 rK�A�u4w 021$ \ Lr�[ ' \ �;:., /\/�� , \ t t•L.'/:i`i��\: :.f ,.�r'2636 CLO ED ACCOUNT III r�o \'•; ri i jC %\ !\'; e/ \ \j\/ rtj/.\r\:\ NM1 . pNp`I •': �. i.v:•:.% ..• \ :C'\i:: tL\/\r:/\%':•..af.��" / g v.`::\A, n.11hu\i:'i` i r , ree rut` :Ca mocnea7fh'.f(. 4..,S•.r.>;/;%Ci• /,,/.`/.,r..•,.. :::\,.:,', m0 ,•:,., o Massachusetts rtr rt \ *15000001* ILO %NE r70 HGNDRfO F! and ttt *14101* Q *1* 1-7 *04817 H Foa Marag�oglfo �utlding Code a a' •r..•. ,. .'/�/t/�.\,\�\/\f\/�/\df " " r\ 1''OODOOi50dOfi •} p'00 26360' 4!:0 i 1000381. 1 0000$6 20 2 2 5 7n• :� � 00000 15000 I' t Sincerely, Returns. & Exceptions AAB 74 754- 13'-61/9" 13-41/2' 13'-2 3/9" 19'-9 1/2" 20'-5' I I I I ce I I I f I I I I I I I I I I I I I I 00 Mw RM. i PFARtI(1M as IlP()(IM is BFI]Pl1l1M as PFORIH]M ai Eb O f{IT(NFN 8 } BATH �7 f]N Nf Ptll1M - � 4'a BATH DN ; SIf}nerc S Mn ll f FRIE _ jg la 1 BASH 1 H0.FIR SP—A.—T—O—N E. 1 • I I ' f 1 aAIR tl4 I 1 I I Iywc mom RFARl1lIM ac P()()M aR RFDR(]l1M ai H0.M= DN >g , 1 IIABisa I I 55 � LL m y N SECOND FLOOR PLAN A-2 AAB 76 I ]S-4- 2>'-9" 1 B 1/2` e'-61/2• 20'-S _ I I I I I II i. I a I I I i 1 5 olE TO BFLOw I I BATH r42 I I I gg L 7 I I I I I 1SILCHEN I 1 HR.RATED LWR I I PROM O DOOR INio I 1 NR.RATED I umO GE.SE TO BE - a DETERMMEDRNDHE4DER I I I TO SE ENGINEERED a 1 I I I 1 HIL ME SEPARATION I 1 I I QOn•nc 3 I I I � I ® a I I " 1 HR.ME SEPA =N '3 I FRL E%ESPNG IOPENING wRH 1 M. I I WALL ASSEMBI • j/ 3 RFA IT CAI ON I �.6�ii i F[TORE LHA2EL I 'IPA &• 1 I �1Oy, I a•s I 1 Hk FIRE SEPAMT - B 1 HR.FIRE SFPARATON I ' _ I I I 1 AT UNO txE Cf UAJION I ® I AT urvDERBIDE a STa0. I j I I I ORRY I UP j I FX=IN[. } FXIMNG j - 1 - STAIo a• STAIR o2 ME I I I 1 w6 `m g `o �E P ii I 1 GROUND FLOOR PLAN S.W:1/A•-,'-0- - - AAB 75 ,4 CITY OF SALEM PUBLIC PROPERTY cgs DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON S7REE'r♦ SALEM,MASSACI IUSE'I-IS 01970 TEL:978-745-9595 ♦ FAX:978-740-9846 August 5, 2008 Y All call 0—) Mr. Edward O. Nilsson AIA + fbe IEa1 Nilsson+Siden Associates V ��" TT 262 Essex Street Salem, Ma 01970 RE: 19-21 Salem Street Dear Mr. Nilsson, We are in receipt of a letter from you dated July 29, 2008 regarding a building permit application for a new beauty salon to occupy space in the above building formerly occupied by a storefront church. Your letter addresses only the tenant space being altered and not the building as a whole. You should be aware of the fact that over the last two years this entire mixed-use building has been substantially renovated, albeit without proper permits. Under section 3400.3.1 of 780 CMR, this building does not qualify for review under Article 34 because outstanding violations have been cited by this office. The owner has been cited for creating a Rooming House (Use Group I-1 as defined in 308.1 of 780CMR) in violation of Building and Zoning Codes. Further, a fire suppression system is required for the entire building under MGL chapter 148 section 26G. MGL 26G of Chapter 148 requires sprinkler systems in substantially renovated buildings over 7,500 sf in area. (the subject Building is approximately 10,200 sf) Refer also to 780CMR 3400.3.1 and Official Interpretation 45-96 in appendix B of 780 CMR which discusses this issue at length. Further, Section 3.3.2 and 3.5 of 521 CMR (MAAB Regulations) require that the entire building be made fully accessible, if, as we believe, the cost of renovations in the past 6 months exceeds 30% of the building's value. We will not issue any permits for work at this address until plans, prepared and stamped by licensed professionals, of the entire building, indicating fire ratings of structural elements, enclosure of exits, separations between tenants, work required to address 521 CMR regulations and calculations and plans for a fire suppression system for the entire building have been submitted and reviewed and a permit application filed by licensed construction supervisor. l J `°- CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMUf>RLILY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETIS 01970 TE[.:978-745-9595 ♦ FAX:978-740-9846 You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards and/or the Sprinkler Appeals Board and/or the Massachusetts Architectural Access Board. lc eas McGrath,AIA Assistant Building Inspector cc: file, Fire Prevention,Electrical Dept.,Legal Dept.