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20-21 SALEM STREET - BUILDING JACKET I �D r 'fdv ele a£sse/!e 74520 40%W P4 ° CITY OF SALEM l 2 , 3 j PUBLIC PROPERTY DEPARTMENT KINIBUILLY DRISCOLL IM,%yoIt 120 WASHINGTON STREET* SALEM,MASSACHUSETTS 01970 TFL: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 720 WAST-IINC'rON SIRE'11A'+ SALEM,MA$$ACI'IUSEITS 07970 Tr.t.: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., Attorney Bruce McDonald, Patricia Barry BBRS, Thomas Hopkins MAAB n � l h�Jf V � CV //� 4 �ba �� �7� 3� y -9��� CITY OF SALEM 4 ¢ea PUBLIC PROPERTY hIS111EN.EY I)MCOLL DEPARTMENT MAYOR 120 WASHINGTON STREET I SALEM, "y` /✓ MA01970 TEL:978-745-9595* FAX: 978-740- UIVVV/�` 9846 February 4, 2009 Memo To: Jerry Parisella, Thomas St.Pierre From: Tom McGrath RE: I7-2I 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 pennit 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 i� l 3 ' CITY OF SALEM PUBLIC PROPERTY MMBFRLFY DRISCOLL DEPARTMENT MAYOR 120 WASHINGTON S'rRFFT♦ SALEM, MASSACHUSF'17S 01970 TFL:978-745-9595♦ PAX: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, 1-2 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 bl use,Sprinkler systems and handicapped accessibility are still required Sincerely, Thomas McGrath, AIA Assistant Building Inspector cc: file Zak The Commonwealth of Massachusetts Department of Public Safety Board of Building Regulations and Standards One Ashburton Place, Room 1301 Boston, Massachusetts 02108-1618 Phone (617) 727-7532 Fax (617) 227-1754 STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORM (DS�t ;Er,,ui �s rt iwvm.w-"� o-Tr[F,ra" a v ,:!_m;' ).»frah• January 9" 2009 e'UY The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person. (Please fill-in the name of the appropriate municipal or state building inspector or other authorit Also,Also indicate if this is a request for a hearing de novo (new hearing) relative to a decision of a municipal app board.), Building Official from the City/Townof: Thomas McGrath, Asst. Bldg. Insp./City, of Salem Board of Appeals from the City/Town of: (Request for hearing de novo) - State Building Official - Other: Please mark the appropriate box indicating the requested action to be considered by Appeals Board members. Variance Order Direction Interpretation Failure to Act Other XX ° t , r •! r ,rsr_ A h m STATEUSE;ONLY , Fee Recerved " Receieed By (This section niust be completed or the application will be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? Yes ❑. , If,yes,please indicate the date of the previous appeal,whether the matter was heard before a local or state appeals board, the code section that was at issue,and the specifics of the decision (i.e:a variance was granted\not granted). 4 Please take care to submit all written 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 a 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 617-354-1711 Fax 617-354-5749 Number: Number: 19-23 Salem Street Address of Subject Property Salem, MA 01970 (if different from service address): What is appellant's connection to subject property? Attorney for owner, Michael Viola Bruce T. Macdonald Esq Signature of Appellant and\or Representative Please Print Name Legibly Please retuin,apPhcations to T x , ]1 Programs Manage Board of Appeals rri ' ' � ` - ^Board of Burldmg ReguIarion's and Standards Orie Ashburton Place R o 13(11 ' .:BostonMlA0210&1628.5 w �x 5 DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS STATE BUILDING CODE (7,t#:EDITION) (Check as appropriate) Do not complete the entire table below for a One-or Two-Family Dwelling,complete only section entitled "Description of the Proposed Work". DESCRIPTION OF PROPOSED WORK(check all applicable) New Construction t Existing Building X-X Repair(s) ❑ Alteration(s) X' Addition Accessory Bldg. _ Demolition Other- Specify: Brief Description of Proposed Work Build out a ortion of the first floor to create a beauty salon barber shop. USE GROUP AND CONSTRUCTION TYPE USE GROUP(Circle appropriate Use Group) CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 IA A-4 A-5 1B EHigh 2A 2B F-1 F-2 2C d 3A I-1 1-2 1-3 36 M Mercantile 4 R Residential R-1 R-2 R-3 5A S Storage S-1 S-2 50 U Utility Specify: M Mixed Use Specify: S Special Use Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: B Proposed Use Group: B Existing Hazard Index(780 CMR 34): Proposed Hazard Index(730 CMR 34): BUILDING HEIGFTT AND AREA BUILDING AREA Existing(if applicable) Proposed Number of Floors or stories include 3 basement levels Floor Area per Floor(so 3,375 Total Area(so 10,125 Total Height(ft) 25 Are there unresolved issues with local zoning ordinances? Yes K or No C If yes,please explain briefly why this zoning issue is not a factor in the appeal: Zoning 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 Ell CHAPTER 34 REPAIR, ALTERATION, ADDITION, AND CHANGE OF USE OF EXISTING BUILDINGS (780 CMR 34 is entirely unique to Massachusetts) 780 CMR 3400.0 SCOPE construction, except as otherwise provided in 3400.1 General.The provisions of 780 CMR 34 are 780 CMR 34. The combined height and area of intended to maintain or increase public safety, the existing building and the addition shall not health, and general welfare in existing buildings by exceed that allowed by 780 CbIR 503.0 and Table permitting repair, alteration, addition, and/or change 503 as modified by 780 CMR 504 and 506. of use without requiring full compliance with the Where afire wall complying with 780 CMR 707.0 code for new construction except where otherwise and 708.0 is provided, the addition shall be specified in 780 CMR 34. considered as a separate building. 5. Ordinary repairs:Ordinary repairs conforming 3400.2 Compliance: Repairs, alterations, additions, to 780 CMR 110.3(4),780 CMR 2 and 780 CMR and changes of use shall conform to the 902 may be performed without a building permit. requirements of 780 CMR 34. Where compliance 6. Assembly use groups: A change from any with the provisions of this code for new construction other use group to an assembly use group(A)or is required by 780 CMR 34, and where such any alteration or change in occupancy within an compliance is impractical because of construction assembly use group shall comply with the difficulties or regulatory conflicts, compliance requirements of the code for new construction, alternatives as described in 780 CMR 3406.0 may except that earthquake requirements need only be accepted by the building official. conform to 780 CMR 3408, 7. Institutional use groups: A change from any Note: Specialized codes, rules, regulations, and other use group to an institutional use group(1)or laws pertaining to repair, alteration, addition, or any alteration or change in occupancy within an change of use of existing buildings promulgated institutional use group shall comply with the by various authorized agencies may impact upon requirements of the code for new construction, the provisions of 780 CMR 34. Specialized state except that earthquake requirements need only codes,rules,regulations,and laws include,but are conform to 780 CMR 3408. not limited to those listed in Appendix A. 8. Residential use groups: A change from any other use group to a residential use group(R)or 3400.3 Applicability: The provisions of 780 CMR any alteration or change in occupancy within an 34 apply to repair, alteration addition or change in residential use group shall comply with the use to existing buildings which qualify to use requirements of the c e for new construction, 780 CMR 34(see 780 CMR 3400.3.1),based on the except that ear rthquake requirements need only proposed continuation of,or change in use group, as conform to 780 CMR 3408. follows: "9: foric bui/dings:-Buildings which qualify 1. Continuation of the same use group, ora as totally or partially preserved historic buildings change in use group which results in a change in in accordance with 780 CMR 3409 shall meet the hazard index of one or less as determined by provisions of 780 CMR 3409. 780 CMR 3403 shall comply with 780 CMR 10. Structural requirements: Structural 3404.0. requirements for additions, and for existing 2. Change in use group to a use group with buildings subject to repair, alteration, and/or hazard index of two or more greater than the change of use, shall be in accordance with Hazzard index of the existing use shall comply with 780 CMR 3408, the requirements of 780 CMR 3405.0 and the code for new construction. Exceptions. Totally Preserved and Partially 3. Part change in use(Mixed Use): Portions of Preserved Historic Buildings the building is changed to a new use group, shall r34007a=_Buil"di_ngs`wliich:qualify'The be separated from the remainder of the building fjprovisions of 780-CMR 34-shall apply tc existing, with fire separation assemblies complying with Cbuddings which have been legally occupied 780 ChIR 3!3, or with approved compliance �andlor used for a period of at least five years. alternatives. The portion of the building changed Any budding for which there"exists an shall be made to conform with the applicable )outstanding"notice ofviolatmn_or other order of ., provisions of 780 CMR 34. the-budding.-.official shall not qualify_tor use 4. Additions: Additions to existing buildings `780-CMR 34 unless-such proposed work includes shall comply with all code requirements for new the'abatement,of all,outstar(ding violations and 2/7/97 (Effective 2/28/97) 780 CMR-Sixth Edition 445 1 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE tcompliance•with==all=outstanding orders 7of the dangerous,or hazardous, to the health and safety of building-otTicial.—Buildings which do noCqualify the occupants, the building official shall order the Cas'existing buildfiigs forthe-purposes of 780 CMR abatement of such conditions to render the building 34�shall-comply:: 'IIy:witE-the.applicable or structure livable for the posted use and occupant provisions-of-this code-fornew construction. load. Exceptions: In enforcing the provisions of 780 CMR 3400.6 (1) Existing buildings or portions thereof the building official may require or accept which are changed in use from any other use engineering or other evaluations of the lighting group to day care centers (I-2 or E) shall not and/or ventilation systems in order to evaluate qualify as existing buildings for the purposes of possible dangerous or hazardous conditions and 780 CMR 34, but shall comply with the acceptable solutions. requirements of 780 CMR 4, as applicable. where full compliance with 780 CMR for new (2) Existing buildings or portions thereof, construction is not practical for structural and/or which are changed in use from any use to a other technical reasons, the building official may Group Residence,Limited Group Residence or accept compliance alternatives, or engineering or Group Dwelling Unit shall not qualify as other evaluations which adequately address the existing buildings for the purposes of 780 building or structure livability for the posted use and CMR 34, but shall comply with the provisions occupant load. of 780 CMR 4,as applicable. 780 CMR 3401.0 DEFINTfIONS 3400.4 Special Provisions for Means of Egress: 3401.1 General: Definitions shall, for the purposes of 780 CMR 3401.0, have the meaning shown 3400.4.1 Existing Non Conforming Means of herein. Egress: The following conditions, when observed by the building official, shall be cited, in Building System: Any mechanical, structural,egress, writing as a violation. Said citation shall order electrical, plumbing, building enclosure and/or the abatement of the non conformance and shall fire protection system, or fire resistive include such a time element as the building construction system,or portion thereof official deems necessary for the protection of the occupants thereof or as otherwise provided for by Building System Component: Apart or portion of a statute. building system. L Less than the number of means of egress serving every space and/or story, required by Compliance Alternative: An alternative life-safety 780 CMR 1010.0 and Table 1010.2, or construction feature which meets or exceeds the 780 CMR 36 for one and two family dwellings. requirements or intent of a specific provision of 2. Any required means of egress component 780 CMR. The Building Official is authorized to which is not of sufficient width to comply with approve or disapprove compliance alternatives. 780 CMR 1009, or is not so arranged as to Compliance alternatives are only permitted for provide safe and adequate means of egress, existing buildings. including exit signage and emergency lighting. Existing building or structure: Any building or 3400.5 Hazardous Means of Egress: structure qualifying under 780 CMR 3400.3.1. 3400.5.1 Exit Order/Hazardous Means of Egress: In any existing building or structure not Hazard Index: A numerical value,between 1 and 8, provided with exit facilities as herein prescribed which is assigned to a specific Use Group in order for new buildings and in which the exits are to determine which of the provisions of 780 CMR deemed hazardous or dangerous to life and limb, 34 apply to the proposed work on the existing the building official shall declare such building building. The Hazard Index is a relative scale dangerous and unsafe in accordance with the used only to determine applicable provisions of provisions of 780 CMR 121.0. 780 CMR 34. Hazard indices are listed in Table 3400.5.2 Appeal from exit order. Any person 3403 and Appendix F*. served with any order pursuant to 780 CN1R Historic buildings: (a) Any building or structure 3400.5 shall have the remedy prescribed in individually listed on the National Register of 780 CMR 121. Historic Places or (b) any building or structure evaluated by 'vlHC to be a contributing building 3400.6 Unsafe Lighting and/or Unsafe within a National Register or State Register Ventilation: In any eximitig building , or portion District. (c) any building or structure which has thereof, in which (a) the light or ventilation do not been certified by the Massachusetts Historical meet the applicable provisions of 780 CMR 12.0 and Commission to meet eligibility requirements for (b)which,in the opinion of the building official, are individual listing on the National Register of 446 780 CMR-Sixth Edition 2/10/97 (Effective 2/28/97) ° CITY OF SALEM ( r PUBLIC PROPERTY DEPARTMENT KI MBERLEY DRISCOL L MAYOR 120 WASFIINGTGN STREET* S.AL.EM1t,MASSACHU589'I'S 019]0 TEL:978-745-9595 FAX 978-740-9846 May 12, 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. Sincerely, Thomas McGrath, 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. CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY URISCOLL Ntwoi2 120 WASHINGTON STREET+ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 August 13, 2009 Brito Realty__ �50 Banks Terrace Swampscott, Ma. 01970 RE: Building Permit Application for�-l�7 Salem Street _ Dear Sir/Madam, We are in receipt of a Building Permit Application to renovate a portion of the second floor of the above building into a residential apartment unit. Said application is denied on the basis that that the rear egress stair on the Pond Street side of the building does not meet the requirements of Section 1009 of 780 CMR, the State Building Code. You have the right to appeal this denial to the State Board of Building Regulations and Standards at One Ashburton Place, Boston, Ma. Should your appeal be successful, you need to demonstrate that a designated off street parking space exists for this new residential unit and that code-required off-street parking spaces exist for the other uses on site before a pewrmit can be issued Sincerely, Thomas Mcgrath Assistant Building Inspector,Local Inspector cc: file,Karl Kluge, Contractor COPY r� The Commonwealth of Wassachusetts A R e Department of ftffic Safety Board of Building ftufations andStandards OneAsh6urton PlaceJ Wpom 1301 �jj Thomas G.Gatzunis,P.E. De Governor Patrick Boston, Massachusetts 02108-1618 Commissioner Alexander MacLeod,R.A. Timothy P.Murray (Phone (617 727-7532 Faz(617)227-1754 Chairman Lieutenant Governor 27Y(617) 727-0019 Gary Moccia,P.E. Kevin M.Burke Vice Chairman Secretary Z1J'CY'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: 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 Barry,Clerk cc: Building Code Appeals Board Building Official 1 f" 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 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 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 35. 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 ordered on this date: February 24, 2009. Brian Gale William Middlemiss Alexander MacLeod This is a concise version of the Board's decision.You may request a full written decision within 30 days of the date of this decision.Requests must be in writing and addressed to:Department of Public Safety, State Building Code Appeals Board,Program Coordinator,One Ashburton Place,Room 1301,Boston,MA 02108 2 I 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. Request for Reasonable Accommodation Under the Fair Housing Act My clients request that the City of Salem grant a reasonable accommodation in zoning and building code rules,policies, and practices, by allowing twenty-two handicapped individuals to reside at 17-23 Salem Street in the same manner as twenty-two biologically related individuals would be allowed, and permit this sober home to exist. Such accommodation is necessary to afford such persons equal opportunity to use and enjoy this dwelling. 42 U.S.C. § 3604(f)(3)(B). Specifically,the reasonable accommodation requested is a waiver of the two person limit, contained in the definition of"family" in the Salem Zoning Ordinance (Article II, § 2-2) for unrelated persons living together as a single housekeeping unit, so that the residents of 17-23 Salem Street are deemed a"family" for purposes of that ordinance. Contrary to any previous information provided to your office, my clients are providing housing, not treatment or any other services, for individuals who are verified to be in recovery from alcoholism and/or drug addiction. They are not operating a treatment program and no treatment is provided by them on or off premises. This house is what is commonly referred to by HUD as a"residential home for persons with disabilities." My clients would welcome an inspection of the premises by your office so that the City can be satisfied that the property is well suited for a sober home use. I would also appreciate the opportunity to meet with you and other City officials to discuss relevance and applicability of the above-cited statutes to this house, with a view toward coming to an agreement on a reasonable accommodation. Please notify me of your decision regarding this request for a reasonable accommodation under the Fair Housing Act. If no communication is received within fourteen (14) of your receipt of this 4etter, I will take that as a denial of a reasonable accommodation. Very truly yours, Bre cdonald L�__� BTM:tf Encl. CC: Jerald A. Parisella, Esq. Alexander& Femino One School Street Beverly, MA 01915 CERTIFIED MAIL-RRR# 7007 256000010403 8223 A 9 02/23/2009 11: 51 9786673863 PAGE 61/05 LAW OFFICES OF - BRUCE T. MACDONALD 649 MASSACHUSFTTS AVENUE,SUITE,6 _ CAmuiUDGE,MASSACNU5ZM 02139 TkuPRONE:617.354.1711 FACSIMILE:617.354.5749 BILLERICA OFFICE: LICENSED IN PO,BOX 255 Q Reply to Billerica NORTH CAROLINA NLTTv4G LAKE,MA 01865 Orrice TELEPHONE: 978,663.4680 FACSIM/LB: 978.667.3863 FAX TRANSMITTAL SHEET FROM: FAX NUMBER ❑ 617.354.5749 V//978.667.3863 TO: Jerald A. Parisella, Esq. Alexander & Femino FAX NUMBER: 978-921-4553 DATE: February 23, 2009 SUBJ: Hearing at State Building Code Appeals Board tomorrow (2124) re 17-23 Salem Street TOTAL PAGES (INCLUDING-THIS SHEET): 5 Attached is code review of 17-23 Salem Street which also addresses the issues raised in Asst. Building Inspector McGrath's letter of December 31, 2008. 1 will be presenting this to the State Building Code Appeals Board tomorrow and wanted you to have a copy, albeit unsigned, before the hearing. w+w.R444Y................ R...R 4...................... "CONFIDENTIALITY NOTES* The documents comprising this transmission contain information from the Law Offices of Bruce T. Macdonald,which may be confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient,you are notified that any disclosure,copying, distribution or the taking of action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this firm immediately. If you have received this telecopy in error, please notify us by telephone at 617.354.1711 immediately so that we can arrange for the return of the transmission to us at no cost to you- I l MILSSOWSIDEEI ASSOCIRESiNC. ARCHITECTURE INTERIOR DESIGN PLANNING July 8, 2008 EDWARD O.NILSSON,AIA,NCARB City of Salem Public Property Dept. GARY I.SIREN,AIA,NCARB 120 Washington Street Salem, MA 01970 Attention: Thomas E. McGrath, Building Inspector Re: EI Punto Market, 21 Salem St., Salem, MA 01970 Application for building permit—Change in Use Dear Mr. McGrath: We enclose the following Bldg. Code section 3404 summary: Proiect information: Tenant area: 600+ sf, 1St Floor tenant space Use Group (M) Mercantile Occupancy: Proposed maximum occupancy= 20 (based on 600sf/30sf/person) Constr. Type: 3B -Unprotected Noncombustible/Combustible Code section 3404.0 requirements regarding alterations to existing buildings are as follows: 3404.1 Existing building w/hazard index 3404.9 Height and area limitations Table 503 increase of 1 (2 to 3). allows 2 sty and 9600sf. 3404.2 Existing building w/same features 3404.10 No further compliance required. 3404.3 Existing building components (i.e., 3404.11 Existing to remain heating system)to remain. 3404.12 -N.A. 3404.4 No new work—furnishings only. 3404.13 -N.A. 3404.5 Existing single egress per Table 3404.14 -N.A. 1017.2. 3404.15 -N.A. 3404.6 Proposed egress capacity (36") 3404.16 -N.A. exceeds max. occupancy load of 3404.17 -N.A. 600sf/30sf/p =20 (x 0.15 = 3"). 3404.18 Existing to remain—no new work 3404.7 Exit sign and lights currently exist. 3404.19 No change to building envelope. 3404.8 Egress lighting provided. Please advise if you have any questions on the above. \,,p 0 AR Very truly yours, rWGNM PD NIS TFC} NILSSON+ SIDEN ASSOCIATES,INC4011 z t2 GAMBNIOGE. y Edward O. Nilsson, AIA, Principal (rNOFMPS�'� Cc: Rafael Belis, Files 262 Esso.Street,Salem,Massachusetts 01970 (978)741-5777• E-mail:maiI@nsa:ch.com Web site:http://www.nsaach.com N The Commonweafth of Wassachusetts u A hDepartment of Tuffic Safety Board of BuiUzing ftufations andStandards Thomas G.Gatzunis,P.E. t . .. - OneAsh6urton Tkice, 12pom 1301 Commissioner Ge G L.PatGovernor -Boston, Massachusetts 02108-1618 Gary MocChairman P.E. Govemor -� -` ) � Chairman Timothy P.Murray Phone (617) 72 7-7532 TwC(617)227-1754 Alexander MacLeod,R.A. Lieutenant Governor Vice Chairman �Y(617) 727--0019 Kevin M.Burke Robert Anderson Secretary www.mass.gov1dps 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./Mrs. 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 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 Patricia A. Ba� Coordinator LVR Corporation Fire Protection and Mechanical Systems 88 Foundry Street Wakefield, MA 01880 Tel: (781)245-9888 Fax: (781)246-0330 www.lvrcorp.com 9 January 2008 Lt. Griffin Salem Fire Department Fire Prevention 40 North Street Salem, MA Re: 17-21 Salem Street Salem, MA Dear Ms. Griffin: Please be advised that an employee of LVR Corp. inadvertently signed the building permit for the above-referenced project. Please note that LVR Corporation has not installed ANY fire sprinkler systems at the above-referenced project. LVR Corporation provided to the Owner of the property fire alarm system and fire protection (sprinkler) system design plans but did not execute the installation of either. Please feel free cont cat me if you ve any questions, inter I , Lawren¢ o , P. . President Cc: Mike V' la fire protection • mechanical • design build ��ro�olrA,ga CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01 970 TELEPHONE: 978-745-9595 EXT. 380 ��`C�Iygpo� FAX 978-740-9846 K IMBERLEY DRISCOLL MAYOR January 11, 2008 To Whom it May Concern RE: 17 — 21 Salem Street The property in Salem. known as 17-21 Salem Street is located in an R-3 Zone. R-3 generally is a multi family zone. However, this building preexisted the 1965 zoning document and is therefore grandfathered non-conforming both dimensionally and for use. The building can be used for neighborhood business as well as residences. If further information is required please contact me directly. Sincerely, Thomas St. Pierre Zoning Enforcement Officer 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS SPECIAL CONSTRUCTION provided with sufficient capacity to maintain Exception. Provisions of the International Fire the inflation of the structure in case of primary Code shall apply to tents and membrane structures system failure. The auxiliary inflation system erected for a period of less than 180 days. shall operate automatically when there is a loss 3103.1.1 Permit Required. Temporary structures of internal pressure and when the primary that cover an area in excess of 120 square feet blower system becomes inoperative. (11.16 m=),including connecting areas or spaces 3102.8.1.2 Blower Equipment. Blower with a common means of egress or entrance which equipment shall meet the following are used or intended to be used for the gathering requirements: together of ten or more persons, shall not be 1. Blowers shall be powered by erected, operated or maintained for any purpose continuous-rated motors at the maximum without obtaining a permit from the building power required for any flow condition as official. required by the structural design. 3103.2 Construction Documents. A permit 2. Blowers shall be provided with inlet application and construction documents shall be screens, belt guards and other protective submitted for each installation of a temporary devices as required by the building official structure. The construction documents shall include to provide protection from injury. a site plan indicating the location of the temporary 3. Blowers shall be housed within a structure and information delineating the means of weather-protecting structure, egress and the occupant load. 4. Blowers shall be equipped with backdraft check dampers to minimize air 3103.3 Location. Temporary structures shall be 1141 loss when inoperative. located in accordance with the requirements of Table 5. Blower inlets shall be located to provide 602 based on the fire-resistance rating of the exterior protection from air contamination. The walls for the proposed type of construction. location of inlets shall be approved. 3103.4 Means of Egress. Temporary structures 3102.8.2 Standby Power. Wherever an auxiliary shall conform to the means of egress requirements of inflation system is required,an approved standby 780 CMR 10.00 and shall have a maximum exit power-generating system shall be provided. The access travel distance of 100 feet(30 480 mm). system shall be equipped with a suitable means for automatically starting the generator set upon 780 CMR 3104.0 PEDESIRLAN failure of the normal electrical service and for WALKWAYS AND TUNNELS I1� automatic transfer and operation of all of the 3704.1 General 780 CMR 3104.0 shat!apply to f/� required electrical functions lir full power within connections between buildings such as pedestrian U J shall ll be capds able of operating ng failure. Standby power walkways or tunnels, located at, above or below shall be capable of operating independenlly fora grade leve! that are used as a means of travel by minimum of four hours. persons. The pedestrian walkway shall not 3102.8.3 Support Provisions. A system capable contribute to the building area or the number of of supporting the membrane in the event of stories or height of connected buildings. deflation shall be provided for in air-supported Note/hatpedestrianwalkways and tunnels shall and air-inflated structures having an occupant load also conform to applicable requirements of of more than 50 or where covering a swimming 521 CMR pool regardless of occupant load. The support ( \ system shall be capable of maintaining membrane 3104.2 Separate Structures. Connected buildings \\ ' structures used as a roof for Type I construction shall be considered to be separate structures. not less than 20 feet (6096 mm) above floor or Exceptions: seating areas. The support system shall be 1. Buildings on the same lot in accordance with capable of maintaining other membranes at least 780 CMR 503.1.3. 7 feet(2134 min)above the floor,seating area or 2. For purposes of calculating the number of surface of the water. Type B units required by Chapter 11,structurally connected buildings and buildings with multiple 780 CMR 3103.0 TEMPORARY wings shall be considered one structure. ^ MUCTURES 3104.3 Construction. The pedestrian walkway shall \VI 3103.1 General. The provisions of 780 CMR be of noncombustible construction. 3103.0 shall apply to structures erected for a period of less than 180 days. Tents and other membException. Combustible construction shall be rane permitted where connected buildings are of structures erected for a period of less than 180 days combustible construction. t shall comply with the International Fire Code. Those erected for a longer period of time shall 3104.4 Contents. Materials and decorations in the comply with applicable sections of 780 CMR walkway shall conform to the requirements of 8/22/08 (Effective 9/1/08) 780 CMR-Seventh Edition 500.73 SALEM POLICE DEPARTMENT SALEM, MA 01970 February 12, 2008 Thomas J. St. Pierre Building Inspector 120 Washington Street Salem, MA 01970 Mr. St. Pierre, On February 12a' at approximately 6:50 P.M. I drove past St. Jeans Re-entry Program located at 17—21 Salem Street. Lights were on, on the second floor. The television mounted to the wall was on in room on the second floor. The room is located at the corner of the building closest to Salem Street and Dow Street. I drove past the building for a second time approximately 30 minutes later the building was in the same con ition. It appears that there are still people'residing in the building. Be t regards 1 R cheville Sergeant Community impact Unit Salem Police Department Cc. Jason Silva Mayors Office SALEM POLICE DEPARTMENT SALEM, MA 01970 February 8, 2008 Thomas J. St. Pierre 93 Washington Street Salem, MA 01970 Mr. St.Pierre, On February 8, 2008 Officer Bembe and I went to 17—21 Salem Street as you requested. The office for St. Jean's re-entry center was open, we encountered a person who identified himself as Brian Portelle, Portelle indicated that he was watching the office for a couple of minutes because his girlfriend ran out to Wendy's. Portelle indicated that his girlfriend is employed by St. Jean's. After approximately five minutes Joelle Pannesi—McCaffrey returned to the facility. She was asked if she was aware of the cease and desist order issued by the Building Inspector. She indicated that she was not aware of any type of order. As far as she knew St. Jeans was up to specifications. She was made aware of the order issued by your office. She indicated that there were still six residents living in the facility. Bet regards,��-`�/wwr/" . Harry Rocheville Sergeant Community Impact Unit Salem Police Department Cc. Mayors Office Jason Silva SALEM POLICE DEPARTMENT SALEM, MA 01970 February 20, 2008 Thomas J. St. Pierre Building Inspector 120 Washington Street Salem, MA 01970 Mr. St. Pierre, Officer Robert Cunningham who works the Point Neighborhood reported that there was activity at St. Jeans Re-Entry Center last night February 19a'. Officer Cunningham reported that there were lights on in the second floor living area and the tele ision was on. Re ards, H Roe eville Sergeant Community Impact Unit Salem Police Department Cc. Jason Silva Permit Listing Report Date Range:Submitted before 12-11-2008 by Address Primed On:Thu Dec Il,2008 SQL Smtemene Street No.like"17"AND Street like"SALEM STREET" Address Address(Work Location) District Zoning Owner Work Category Est.Cost Proposed Use And Detail Permit Type Permit No Online Permit No Permit Status Date Issued Contractor(Phone#) Work Description Fees Paid Check# 17 SALEM STREE 7 SALEM STREET R3 VIOLA MICHAEL REPAIR/REPLACE $2,000.00 Commercial Other Building OI-09 Expired Jul-02-2008 Emmet Dibattista(781)289-5513 (STORE FRONT FRAMING)jhb $25.00 991 17 SALEM STREET III R3 Mike Viola INTERIOR DEMO ONLY $3,000.00 Residential Two or more units SALEM STREET) Building 238-07 Expired Sep-25-2006 Quick Fix INTERIOR DEMO ONLY $30.00 Cash ALEMST 0017 R3 SALEM STREET REALTY TRUST THE REPAIR/REPLACE $8,000.00 Commercial C614-07 T) Building Expired Jan-17-2007 MICHAEL ANTHONY VIOLA REPLACE STORE FRONT T.J.S. $93.00 CASH 17 SALEM STREET R3 VIOLA MICHAEL,VIOLA VINCENZA TENNANT FIT OUT $0.00 Commercial Other Building 79-09 Expired Jul-29-2008 applicant TENNANT FIT-OUTjhb 17 SALEM STREET R3 VIOLA MICHAEL GAS $0.00 Residential Other Gas G-99-08 Expired Apr-07-2008 DJ MFCHANICAL(617)784-4521 Q (2)HEATING BOILERSjhb $60.00 115 17 SALEM STREET(0017 R3 SALEM STREET REALTY TRUSTTHE PLUMBING $11.110 SALEM STREET) Plumbing P285-07 Expired Apr-24-2007 D1 MECHANICAL(617)784-4521 0 2ND FLR:3-WC, I-KI SINK,3-LAVS,3-SHW STALLS, • I-DW. I-DISPOSER $300.011 CASH Address(17 SALEM STREET)TOTALS: ESTIMATED COST: $13,000.00 NUMBEdt OF PEIZMITS: 6 FEES INVOICED: $508.00 FEES PAID: $5118.110 BALANCE: $.1111 GRAND TOTALS: ESTIMATED COST: $13,0110.00 NUMBER OF PERMITS: 6 FEES INVOICED: $508.110 FEES PAID: $5118.1111 BALANCE,.: $.1111 GeoTMS©2008 DCS UnHiCtS Municipal Solutions,Inc. Pagc I at I �,,� ,��� � �/� Sid � , d� s � g � c�( �° �CGJ- --�a��fs �'als5 �-���� cf �^ � S 'll aQ lay"�' Signatures 20 the above oat at the foregoing statemen[ ise� ------------- ---------- - -------------------- CITY CL Identification Presented State Tax I.D. # �— (if available) In accordance with the provision of Chapter 33 General Laws, business certificates shall be in t renewed each four years thereafter. A statemer discontinuing, retiring, or withdrawing from su Copies of such certificates shall be available at furnished on request during regular business he such business. Violations are subject to a fine of not more thar such violation continue~. Certificate No: 79-09 Building Permit No.: 79-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Perrrtits 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 PERMT FOR ELPUNTO MARKET (SEE ATTACHED LETTER DATED JULY 29,2008) 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 Jul 29, 2008 - - --- -------- GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. -----"'---------------------- --------------------------' - -------------------- YSpYE AD 1� CITY OF SALEM BUILDING PERMIT 17 SALEM STREET 79-09 GIS#: . X 451 COMMONWEALTH OF MASSACHUSETTS Map: 34 Block: __,,; CITY OF SALEM Lot: 0322 Category: TENNANT FIT OUT'. Permit# 79-09 - �'` -�° BUILDING PERMIT Project# JS-'M09-0000.82 Est. Cost: $0.00 Fee Charged: $0.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires Use Group: ,JJJJ applicant Lot Size(sq.ft.): 3429.9144e Zonin R3 - Owner: VIOLA MICHAEL,VIOLA VINCENZA g: c Units Gained: s PP A ltCant: Rafael Bellis, El Punto Market Units Lost:'' tt. `:]AT. 17 SALEM STREET Dig Safe#:' A":'_ ISSUED ON. 28-Jul-2008 AMENDED ON: EXPIRES ON. 28-Aug-2008 TO PERFORM THE FOLLOWING WORK TENNANT FIT-OUT jhb POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Buildin¢ Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: �/t q House# Smoke: Final: it Treasury: Water: Alarm: Assessor Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. r, Signature: 171 i ,'11' .. a rinv�n�t•. I 745.9595 LA 385 GeoTMS®2008 Des Landers Municipal Solutions,Inc. zhe Y30YE •0 1� CITY OF SALEM BUILDING PERMIT R , e eJCISCGCOO� e.V� /3!D Deval L.Patrick M �.y y�lD02lO�Ol6yl��p Thomas G.Gatzunis,P.E. Governor "DDDD Commissioner Timothy P.Mumay �j q /1 Thomas P.Hopkins Lieutenant Governor �61/ /-DDlr7 Executive Director Kevin M.Burke Ari 40�nDiCJ/' www.mass.govtdps Secretary Jerald A. Parisella, Esq. February 23, 2009 Alexander& Femino One School Street Beverly, MA 01915 Re: Sober House, 17-21 Salem Street, Salem, MA and the applicability of 521 CMR, Section 3, Jurisdiction, more specifically Section 3.3.2 and Section 8 Transient Lodging Facilities Dear Attorney Parisella, I am writing to you today on behalf of the Architectural Access Board ("the Board") due to the various communications (written and verbal) that have occurred with you and the Building Inspectors for the City of Salem regarding the above referenced property. I have reviewed the Memo, dated February 4, 2009 prepared by Inspector Tom McGrath and sent to you and Thomas ST. Pierre. Mr. McGraths analysis and conclusions regarding the applicability of 521 CMR and the jurisdiction for the project is correct. The building assessed value in 2007 is reported to be $253,700. Due to the fact that the owner did work without the required permits,the Building Official has the right to use an estimating program (R.S Means or others)that establishes a square footage cost of construction. This is a common practice for many volunteer projects that occur in the Commonwealth, when determining the value of in-kind labor and materials to establish the jurisdiction for 521 CMR as well as the applicability of 780 CMR, the State Building Code. Given Mr. McGraths conservative estimating cost for the second floor renovations of$60/sf x 3,400 sf floor area=$204,000, Mr. McGraths further analysis that the spending of$204,000 represents 88% of the building costs is correct. 521 CMR Section 3.3.2 is triggered by the spending of$204,000 because it exceeds 30% of the assessed value reported to be $253,700. (30% of$253,700 is $76,110) 521 CMR Section 8, Transient Lodging Facilities is triggered by the Jurisdiction of Section 3.3.2. Section 8.1 states specifically: GENERAL Transient lodging facilities shall comply with 521 CMR, except as specified or modified in 521 CMR 8.00. Transient lodging shall include but not be limited to hotels, motels, bed and breakfasts, inns, boarding houses, dormitories and resorts. Transient lodging facilities shall also include homeless shelters, halfway houses, lodging houses and transitional housing, and other places that provide temporary accommodations. Transient lodging includes facilities, or portions thereof, used for sleeping accommodations. Sleeping accommodations in a medical care facility are covered by 521 CMR 13.00: MEDICAL CARE FACILITIES. One must look to all of Section 8 for kitchen, bath, and common area requirements as well as other requirements designed to make the building usable by persons with disabilities. Given the fact that the sober house operates on the second floor of the building and the 30% rule has been triggered, some form of vertical access must be provided so that persons with disabilities can get to the services offered by the sober house on the second floor. Your inquiry regarding the Zoning laws of the Commonwealth 40A sec 3, does not give them any protection from the requirements of 521 CMR, a building code that insures the participation of persons with disabilities, the zoning law was created to protect group homes, halfway houses and the like from neighborhood groups relying on zoning boards issuing discriminatory rulings that effectively would keep those groups out. "Not in my back yard" In closing I would like to say that I am a recovering alcoholic and a wheelchair user, and have enjoyed 26 years of sobriety. In the early years of sobering up it was hard to find accessible meeting locations and or places for treatment. The argument of the building owner that he is being discriminated against due to the efforts of the building department to insure that persons with disabilities, who might also be alcoholics, will have an accessible and usable facility is terribly misguided. While individuals who are diagnosed with alcoholism are protected under the Americans with Disabilities Act(ADA)trying to make an argument,that persons with disabilities who are alcoholic, are not entitled to the protections offered in the building code due to the owner's failure to comply with the code, in my opinion results in discrimination. If you have any questions,please contact our office. Sincerely, Thomas P. Hopkins Executive Director Cc: Local Building Inspector Thomas St. Pierre and Thomas McGrath Local Independent Living Center Local Commission on Disability ELIZABETH M.RENNARD CITY OF SALEM JERALD A.PARISELLA City Solicitor KIMBERLEY L. DRISCOLL, MAYOR Assistant City Solicitor 93 Washington Street One School Street Salem,MA 01970 LEGAL DEPARTMENT Beverly, MA 01915 Tel:978.619.5631 Tel:978.921.1990 Fax:978.744.1279 93 WASHINGTON STREET Fax:978.921.4553 Email:brennard®salem.com SALEM, MASSACHUSETTS 01970 Email:jap®alexandertemino.com June 10, 2008 Thomas St. Pierre Building Commission City of Salem 120 Washington Street Salem, MA 01970 Dear Tom: Enclosed please find a Notice of Taking Deposition and Request for Production of Documents for the Michael Viola case. Please review the Request for Production of Documents and make copies of the requested documents, if you have them. Request#4 asks for communications, including emails between you and anyone else. I will object to any communication, including emails that were sent between you and the Legal Department, but if you have other communications, then please copy and we will review them. I am seeking to change the date from July 22, as I will be away that week. Please call with any questions or concerns. Very truly yours, Jerald A. Parisella JAP/gsw Enc. cc: John Bosse Beth Renard COMMONWEALTH OF MASSACHUSETTS ESSEX, SS . SUPERIOR COURT DEPARTMENT NO. 2008-537 THOMAS ST. PIERRE, as BUILDING ) INSPECTOR AND ZONING ENFORCEMENT ) OFFICER, for the CITY OF SALEM, ) Plaintiff ) NOTICE OF TAKING DEPOSITION V. ) OF THOMAS ST. PIERRE 1 MICHAEL VIOLA, VINCENZA VIOLA and ) ST. JEAN' S RE-ENTRY, ) Defendants ) To: Jerald A. Parisella, Esq. Alexander & Femino One School Street Beverly, MA 01915 Please take notice that, at 10 : 00 o ' clock a.m. on Tuesday, July 22, 2008, at the offices of Bruce T. Macdonald, Esq. , 678 Massachusetts Avenue, Suite 901, Cambridge, MA 02139, the defendants in this action by their attorney will take the deposition upon oral examination of plaintiff Thomas St . Pierre, pursuant to the applicable provisions of the Massachusetts Rules of Civil Procedure. The oral examination will continue from day to day until completed. The deponent is required to produce the documents set forth in ATTACHMENT A. You are invited to attend and cross-examine . Respectfully, 3 /f Bruce T. Macdonald Attorney for Defendants COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT DEPARTMENT NO. 2008-537 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 ) DEFENDANT MICHAEL VIOLA' S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Now comes defendant Michael Viola in the above-entitled matter and, pursuant to the provisions of Mass .R.Civ. P. 26 and 34, requests that plaintiff produce for inspection and copying at the office of defendants' attorney, Bruce T. Macdonald, 678 Massachusetts Avenue, Suite 901, Cambridge, MA 02139, the documents hereinafter specified, on July 22, 2008, at 10 : 00 a.m. , the date and time of plaintiff' s deposition. The plaintiff may comply with this request by mailing photocopies of the below-requested documents to the address of defendants' attorney prior to July 15, 2008 . INSTRUCTIONS 1. You are required to serve a written response, and produce the requested documents, on or before July 22, 2008 . Your response must state, with respect to each item or category, that you will produce the documents requested and that inspection and copying will be permitted as requested unless you object to this request, in which event the request must be objected to and the reasons for the objection must be stated as set out in Instruction No . 5 below. If objection is made to part of an ATTACHMENT A item or category, the part objected to must be specified and the remainder of the request granted. 2 . You are required to produce and permit inspection and copying of every requested document that is in your possession, custody or control or that is in the possession, custody or control of your principals, agents, employees, attorneys, representatives, insurers, any persons or entities acting or purporting to act on your behalf, and any other persons or entities in active concert or participation with you, whether past or present and without regard to whether their relationship with you currently exists or has been terminated. 3 . You are required to produce pursuant to this request every requested document currently known to you and every requested document that can be located or discovered by reasonably diligent efforts . 4 . You are required to produce pursuant to this request the original of every requested document and any copies that have been altered in any way or that contain on their face additional markings, comments, or information. If the original of any document is not available, the most legible copy should be produced. 5. You are required, if you object to the production, inspection or copying of any requested document on the ground of privilege, work product, trade secret, or on any other ground, to state for each such document: (i) its customary name or description and its identifying number; (ii) the date of the document; (iii) the name and address of each person who prepared the document; (iv) the name and address of each person or entity who received the document or any copy thereof; (v) a summary- of its substance; (vi) the name and address of each person or entity who has possession, custody or control of the document or any copy thereof; (vii) the precise nature of the objection the and a complete description of all facts, if any, up on objection is based. 6. The documents to be produced pursuant to this request must be produced either as they are kept in the usual course of business or they must be organized and labeled to correspond with the categories in this request. 7 . You are required, if you are unable to obtain any document required to be produced pursuant to this request because the document is in the possession, custody or control of any other person or entity, to state for .each such document: (i1 its customary name or description and its identifying number; (ii) the date of the document; (iii) the name and address of each person who prepared the document; (iv) the name and address of each person or entity who has possession of the document or any copy thereof; (v) a summary of its substance; (vi) a description of the efforts taken by you to obtain the document; and (vii) the reasons, if any, given by the person or entity in possession, custody or control of the document for not providing it to you. 8 . All attachments to any requested documents that are stapled, paper clipped, or otherwise affixed to documents must be produced and must be attached to the document to which they relate. 9. YOU ARE REQUESTED PURSUANT TO RULE 26 (e) (3) TO SUPPLEMENT SEASONABLY ALL OF YOUR RESPONSES TO THIS REQUEST TO INCLUDE INFORMATION, DOCUMENTS, AND TANGIBLE THINGS ACQUIRED AFTER SERVICE OF YOUR RESPONSE TO THIS REQUEST. DEFINITIONS The following definitions are applicable to all document requests contained herein: A. "Documents" shall mean all written or graphic material, however produced or reproduced, in actual or constructive possession, custody or control of the plaintiff, including documents accessible at the plaintiff' s request, and shall include, without limitation, the following: the original and all copies of all drafts or all written or printed material, papers, books, manuals, records, contracts, notes, memoranda (including written memoranda of telephone conversations, other conversations, discussions, agreements, acts or activities) , minutes, diaries, calendars, desk pads, appointment books, notebooks, bulletins, forms, pamphlets, notices, statements, telephone statements, checks, check stubs, canceled checks, correspondence, date cards, computer printouts, photographs, drawings, letters, telegrams, telexes, cables, manuals, reports, studies, intra-office communications, charts, plans, guidelines, graphs, calculations, proposals, diagrams, specifications, rules, regulations and accounting and financial records whether prepared by the plaintiff for the plaintiff' s own use or for transmittal, or received by the plaintiff, and wherever located. Unless otherwise specified, documents requested herein shall be those responsive documents related to, prepared, issued, or published, or which in any way deal with the allegations in plaintiff' s complaint, by the plaintiff to the date of this request, including all portions or pages of each document called for and all attachment, enclosures, appendices and supporting documentation, and including, without limitation, originals, copies (with or without notes or changes therein), drafts, working papers, routing slips, handwritten notes and similar material. Each request for documents contained herein extends to all documents in the actual or constructive possession, custody or control of the plaintiff, the City of Salem, the plaintiff' s affiliates, servants, agents, employees, attorneys and accountants or any person acting on the defendant ' s behalf. A document is deemed in the actual or constructive possession, custody or control of the plaintiff if it is in the plaintiff' s physical custody or if it is in the physical custody of any person (including the plaintiff' s attorney) and the plaintiff (a) owns such document in whole or in part; (b) has a right, by control, contract, statute or otherwise to use, inspect, examine or copy such document on any terms; (c) has an understanding, express or implied, that the plaintiff may use, inspect, examine or copy such document on any terms; (d) has, as a practical matter, been able to use, inspect, examine or copy such document when plaintiff sought to do so. B. The words "relating to", "concerning", or "regarding" mean directly or indirectly in whole or in part, constituting, evidencing, recording, reflecting, substantiating, describing, summarizing, identifying, or referring or related in any way to. C. "Each" includes the word "every" and "every" includes the word "each. " "Any" includes the word "all" and "all" includes the work "any. " "And" includes the word "or" and "or" includes the word "and. " D. The term "person" includes all natural persons, and all artificial persons of any kind including corporations, unincorporated associations, business trusts, or other entities separately identified no matter how organized. E. The term "communications" means any written or oral transmission of fact, information or opinion, including any utterance, notation or statement of any nature whatsoever and including, but not limited to, documents and correspondence as defined herein. F. The term "plaintiff" when used herein means and refers to the plaintiff to whom this request for production of documents is addressed, including that plaintiff' s past and present agents, attorneys, employees and/or servants and all persons acting for or on behalf of said plaintiff. G. The term "defendant" when used herein means the defendants named in the complaint filed in this civil action. DOCUMENTS REQUESTED 1. All applications submitted by defendant to the City of Salem regarding any proposed work on the property at 17-23 Salem Street, Salem, Massachusetts, owned by defendants Michael Viola and Vincenza Viola ("the property") . 2. All written or fax communications from defendant to plaintiff or the City of Salem Building Department regarding the property. 3. All written or fax communications from plaintiff or the City of Salem Building Department to defendant regarding the property. 4 . All communications, including all e-mail communications, sent or received, between plaintiff and any other person or entity regarding the property. 5 . All notes, memoranda, or documents reflecting any meetings at which plaintiff was present, concerning the property. 6. All diaries, schedules, appointment books, or the like which show any meetings, inspections, or other activity at which plaintiff was present, in any way concerning the property. 7. All audiotapes, videotapes, CD' s, DVD' s which contain information concerning the property. 8 . All photographs of the property. 9. Any file maintained by plaintiff or the City of Salem regarding the property. 10 . All regulations, ordinances, directives, policies of the City of Salem which plaintiff alleges that defendant has violated. Dated: June 7, 2008 By his attorney, Bruce T. Macd nald 678 Massachusetts Avenue Suite 901 Cambridge, MA 02139 (617) 354-1711 BBO #310400 CERTIFICATE OF SERVICE I hereby certify that on June 7, 2008 I served the within Notice of Taking Deposition of Thomas St . Pierre, and Defendant Michael Viola' s First Request for Production of Documents, upon the plaintiff in the above-entitled action by mailing a copy thereof to his counsel of record, Jerald A. Parisella, Esq. Alexander & Femino, One School Street, Beverly, MA 01915, on June 7, 2008 . Bruce T. Macdonald a Deval L.Patrick Governor - /i71/ BThomas G.mmP.E. issioner C Timothy P.Murray �J'�EOfLb �y pL Lieutenant Govemor �Q� 67/-J,GJ-066J Thomas P.Hopkins Director Kevin M.Burke / - Secretary GJClJCOi fll6dd'. O'f!' TO: Local Building Inspector Variance Number: 09 095 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: St. Jean's House/Sober House 17- 21 Salem Street Salem Date: 8/11/2009 Enclosed please find the following material regarding the above location: /Application for Variance _Decision of the Board V Notice of Hearing -f/N� _ _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. IL t46 I d Deval L.Patrick Governor /171/ ��.y yo� Thomas G.Gatzunis,P.E. Commissioner Tmothy P.Murray - ��y }y _ Lieutenant Governor �¢� (/'1/�/L�D��J� Thomas P.Hopkins Director Kevin M.Burke / - Secretary FINE HEARING NOTICE RE: St. Jean's House/Sober House ,17- 21 Salem Street, Salem You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has been scheduled for you to appear on Monday, August 24, 2009 at 2:OO P.M. at One Ashburton Place, 21st Floor, Boston, MA 02108 This hearing is being held to determine whether or not your noncompliance with the Board's order of July 27, 2009 is without justification and if so whether or not to impose fines of up to $1,000.00 per day per violation. This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and § 1.02 of the Standard Rules of Practice and Procedure. At the hearing, each party may be represented'bycounsel, may present evidence and may cross examine opposing witnesses. Date: August 11, 2009 ARCHITECTURAL ACCESS BOARD Chairperson cc: Independent Living Center Local Building Inspector Local Disability Commission Please. turn off all cell phones and pagers while the Board is in session. t BRUCE T. MACDONALD ` ATTORNEY AT LAW 678 MASSACHUSETTS AVENUE SUITE 901 ' CAMBRIDGE,MASSACHUSETTS 02139-3355 TELEPHONE (617)354-1711 FACSIMILE (617)354-5749 July 26, 2008 Thomas St. Pierre Building Inspector City of Salem 120 Washington Street Salem, MA 01970 RE: Amendment to Request for Reasonable Accommodation RE: 17-23 Salem Street, Salem, MA Dear Mr. St. Pierre: Please accepCihis letter as an amendment to my letter to you dated April 19 2008 in which I requested a reasonable accommodation pursuant to the Fair Housing'Act, 42 U.S.C; § 3601;et seq.; regarding my clients' property at 17-23 Salem Street, Salem, Massachusetts. Specifically, the number of residents for whom the reasonable accommodation is requested is fourteen (14), not twenty-two (22) as stated in my previous letter. The first full paragraph of page 6 of said letter is amended as follows: "Because the sober home at 17-23 Salem Street will operate in a manner similar to a single- family residence and because it is necessary for the residents' recovery for them to live together in sufficient numbers to form a peer supportive environment, the City will be required to grant the reasonable accommodation requested to permit fourteen (14) residents to reside in the house. See Tsombanidis v. City of West Haven, supra, 180 F.Supp.2d at 293." The first paragraph on page 9 of said letter is amended as follows: "My clients request that the City of Salem grant a reasonable accommodation in zoning and building code rules, policies, and practices, by allowing fourteen (14) handicapped individuals to reside at 17-23 Salem Street in the same manner as fourteen(14) biologically related individuals would be allowed, and permit this sober home to exist. Such accommodation is necessary to afford such persons equal opportunity to use and enjoy this dwelling. 42 U.S.C. § 3604(f)(3)(B). Specifically, the reasonable accommodation requested is a waiver of the two person limit, contained in the definition of"family" in the Salem Zoning Ordinance (Article II, § 2-2) for unrelated persons living together as a single housekeeping unit, so that the residents of 17-23 Salem Street are deemed a"family" for purposes of that ordinance." Very truly yours, r Bruce�T M cdonald BTM:tf CC: Jerald A. Parisella, Esq. Russell J. Archibald, Office of Fair Housing and Equal Opportunity CERTIFIED MAIL-RRR# 7007 2560 0001 0403 8339 2 Atty. Bruce T. Macdonald. 678 Mass.Ave: Cambridge ,MA 02139 PAID 7007 2560 0001 0403 8339 OSi I cp � P02139o$ Thomas St. Pierre t I $5.32 Building Inspector o000 01970 00100134-39 , �n1tt4y��t�tp City of Salem — �if�uNLJ AECE!F 120 Washington Street QEpUES� " Salem, MA 01970 _ _ . _ . __:= iii•P,,.rRl<i„l,:,lii:,,:ai,rl,i,•,1�1„A:i; „f;i,,,,L!! -t __ f . . . �� i � - A. CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KINIIII(IU.IIA'DItISC01.1. NLkFolt 120 W ASHING I-ON S IItF.It I • SA ENI,MASSACI-ICSI C1*IS 01970 1idI:978-745-9595 ♦ FAX,978-740-9846 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 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 I Ashburton Place in Boston. Sincerely, se E. Barbeau, J . Assistant Building Inspector/ Local Inspector CC: file, Mayor's Office, Fire Prevention,Police Dept., Health Dept., City Solicitor's Office SENDER: COMPLETE THIS SECTION1 ■ Complete items t,2,and 3.Also complete a Sna re Rem 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we Can return the card to you. R. Received by(Printed Neme) C. Date of Qelivery ■ Attach this card to the back of the mailpiece, 9 (J or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from, 7 ❑Yess If YES,enter delivery address at4 ❑No.p �� r\� q6 3. Service Type S �l ❑Certified Mall ❑Express Mall ❑Registered 0 Return Recelpt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rranster from service label) PS Form 3811,February 2004 Domestic Return Recelpt 102595-02-M-fsao UNITED STATES P ? . i>'(r, • Sender: Please print your name, address, and ZlF+'$In h box LAW OFFICES OF BRUCE T. MACDONALD 649 MASSACHUSETTS AVENUE,SUITE 8 CAMBRIDGE,MASSACHUSETTS 02139 TELEPHONE:617.354.1711 FACSIMILE:617.3545749 ,k BILLERICA OFFICE: LICENSED IN P.O.Box 255 Cl Reply to Billerica NORTH CAROLINA NUTTING LAKE,MA 01865 Office TELEPHONE: 978.663.4680 FACSIMILE: 978.667.3863 January 9, 2009 Board of Building Regulations and Standards One Ashburton Place, Room 1301 Boston, MA 02108-1618 RE: 19-23 Salem Street, Salem, MA Dear Sir or Madam: I enclose: 1) original and three copies of State Building Code Appeals Board Appeal Application Form; 2) four copies of Service Notice; 3) four copies of denial letter; 4) original and three copies of Affidavit of Michael Viola; and 5) check in the amount of$150.00. Please note that the Affidavit of Michael Viola is being filed because the denial letter, although dated October 8, 2008,.was not received by him until December 10, 2008. A copy of the Appeal Application, original service notice, and copy of Affidavit of Michael Viola have this day been served on Thomas McGrath, AIA, Assistant Building Inspector. Very truly yours, S „ Bruce T. Macdonald BTM:tf Encl. CC: . Thomas McGrath,AIA. 120 Washington Street Salem,MA 01970