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10 STORY STREET - BUILDING JACKET 10 STOPY STRpm- V rrN' �. /� Stephen P Lovely, Attorney at Law 14 Story Street ` Salem, Massachusetts 01970-2820 Telephone 508-745-8274 Fax 508-745-6573 Leo E. Tremblay April 4, 1997 Director of.Public Property Inspector of Buildings Zoning Enforcement Officer Re: Parking Lot at 10 Story Street Dear Mr. Tremblay: This letter is in response to your recent letter of April 3, 1997, regarding the parking lot at 10 Story Street that abuts my property. Your letter cites Massachusetts General Laws Chapter 40A, Section,Tas-the controllingauthorityin your decision regarding the legality of the-parking lot in:question.. The section of the statute that,you cite states: "no action, criminal or civil, the effect or purpose of which is to compel the removal, alteration, or relocation of any structure by reason of any alleged violation of the provisions of this chapter, or any ordinance or by-law adopted thereunder, or the conditions of any variance or special permit, shall be maintained, unless such action, suit or proceeding is commenced and notice thereof recorded in the registry of deeds for each county or district in which the land lies within ten years next after the commencement of the alleged violation. Such notice shall include names of one or more of the owners of record, the name of the person initiating the action, and adequate identification of the structure and the alleged violation." Chapter 40A,,Section 7 is not relevant to this situation. The issue here is not compelling the removal of the old driveway that had predated city of Salem Zoning Laws, therefore grandfathered as nonconforming. Neither is the issue whether the statute of limitations' period for "compelling removal" of a violation under the zoning ordinance of the old driveway has expired. The issue is that the old driveway has been completely removed by the owner and a new driveway has been installed and as such under the city of Salem ZoningOrdinance the owners are required to adhere to current the zoning requirements. Under"either:circumstance.outlined above,the.parking lot is a nonconforming structure. Leo E. Tremblay April 4, 1997 Page Two The City of Salem Zoning Ordinance,Article VIII, Section 8-4 states as follows: Where a structure exists which could not be built under the terms of this ordinance by reason of restriction on area lot coverage, height, yard dimensions, or other characteristics of the structure or its location on the lot, such structure may be continued for so long as it remains otherwise lawful, subject to the following provisions: (1) No such structure may be enlarged or altered in any w-.,—which increases its nonconformity, except as provided for in section 8-6. In addition, such structure may not be increased in height, except as provided for in section 8-6. (2) Should any structure be destroyed by any means to an extent of more than fifty (50) percent of its floor area at the time of its destruction, it . . shall not be reconstructed except in conformity with the provisions of this ordinance. As I stated this is not an effort to compel the removal of a grandfathered driveway or one that had been installed contrary to zoning law but beyond the statute of limitations. The old driveway has been completely removed. The driveway has been enlarged and altered and increased in height in violation of the Salem Zoning Ordinance, Article VIII, Section 8- 4 subsection (1). Additionally, since the old driveway was completely removed the new driveway must be installed in conformance with Article VIII, Section 8-4 subsection (2). This requirement of the zoning law is to ensure that all construction conform to current zoning requirements. The drafted language of this section is specifically designed to prevent the perpetuation of grandfathered nonconforming structures, or structures where. the statute of limitations period for "compelling removal" of the offending portions of a structure in violation of the zoning ordinance has expired. As you are aware, City of Salem Zoning Ordinance, Article VII, Section 7-3, subsection (5)(b), requires that all paving on driveways and parking areas be at least two (2) feet from property lines. I light of these facts clearly the parking lot is in violation of the city of Salem Zoning Ordinance. I respectfully ask that you review your decision in light of the facts outlined above. Very truly yours; Ste en P. Lovely,Esq. E� Titg of *ttlem, Alssac4usef#s tlublir 11roperttl i9epartment Nuilbing Department (Ont dalcm (lirccn /� 0 508-745-9595 $xt. 380 � U Leo E. Tremblay Director of Public Property 6 �/ Inspector of Building Zoning Enforcement Officer March 25 , 1997 p � Mr . & Mrs . Wilfred Matton �(J 10 Story Street Salem, Mass . 01970 RE : 10 Story Street Paved Driveway Dear Mr . & Mrs . Matton: On December 16 , 1996 I sent you a letter regarding the paved driveway abutting Mr. Lovely' s property at 14 Story Street and requested that you comply with Article Vll , Section 7-3 , subsection ( 5 ) ( 6 ) of the City of Salem Zoning Ordinance which pertains to having a minimum of a two ( 2 ) foot setback from property lines to pavement . Not having heard from yourselves or the abutters in the resent months , I thought that you had resolved the problems , and put this issue to rest . Unfortunately this is not the case . I received a phone call on March 25 , 1997 from your abutters requesting that I enforce the removing of paving per the City of Salem Zoning Ordinance . I am requesting that the paving abutting the property at 14 Story Street be removed within the next thirty ( 30 ) days of this letter , according to the City of Salem Zoning Ordinance . If this work is not completed within the next thirty ( 30 ) days this office will have no choice but to file legal action at Salem District Court . Thank you in advance for your anticipated cooperation in this matter, and please call to inform us as of your course of action in this matter . Sincerely, Leo E . Tremblay Inspector of BuiYdings LET: scm cc: Steven Lovely (fitg of 'j$ttlEm, massar4usetts ' �' Public Propertq i9epartment Iluilbing Department (One #aIrm (Breen 508-745-9595 E0. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 30 , 1997 Stephen Lovely ti14—Story Street Salem,Mass.01970 Dear Mr. Lovely: Please find enclosed a copy of the letter sent to me by Cole Landscaping concerning the driveway located at 10 Story Street . After receiving confirmation by the contractor that the base of the pavement was notremoved, I still felt strongly that the paving has a grandfathered right to remain in its location. You have the right to appeal my decision to the City of Salem Board of Appeals . Sincerely, Leo E. Tr mblayi Zoning Enforcement Officer LET: scm cc: Mr . Matton Councillor Donahue, Ward 3 ^' HAMILTON 1-508-468-1141 PEABODY I-508-532-7777 OLEstyAmpscoT-r 1-617-599-1038 CWAKEFIELD 1-617-245-5778 TOLL FREE 1-800-268-0471 I � l P.O. BOX 403, SWAMPSCOTT, MA 01907 April 23, 1997 Dear: Mr. Trembley, I'm writing this letter concerning the Mattons,that live at 10 Story Street in Salem. The driveway that was installed thirty plus years ago had many cracks and divots in the pavement. The Mattons hired my company to fix the driveway. We took the old pavement out leaving the bace that had been their for thirty plus years and re-paved the surface only. We also installed two new walks going to the side and back door. These walkways are new with a nine inch base and three inches of pavement. The driveway we only paved on top of the existing base. All the driveway lines are in the same directions. We did not make the driveway any longer or wider. It's in the same area, running in the same direction that it has been for thirty plus years. The day we showed up to do the work Mr. Lovely came out and made in clear that we not change the layout of the driveway. Taking into consideration Mr. Lovely's concerns, we did not change any of the grading. Weeks had gone by with out any complaints. Then Mr. Lovely talked to my client expressing to them that he wasn't happy and surggesting that they put in a burin, and that would make him hapThe Mattons had called my company and asked me to talk to Mr. Lovely, and I did. We discussed about putting a burin down the property line. The burm was installed by me at no additional charge to my clients or Mr. Lovely, just to keep the peace between these two neighbors. Mr. Trembley, my company has been in business for nine plus years in my career. We have installed, repaired, and created over seventy driveways. In all this time I have never had a problem until this one with Mr. Lovely. Thank You, Greg Cole, Cole Landscaping WE BRING GARDENS TO LIFE " r F(3 $nD'nv'0"P7 Titu of �ttlrm, �€ttssur4usetts Public Prupertg Department iguilaing Department Mne 13slrm (reran 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 3 , 1997 Steven Lovely 14 Story Street Salem, Mass . 01970 RE : i10 Story Str h ��eet Paved Driveway Dear Mr . Lovely : The Matton ' s , your abutters at 10 Story Street , requested that I look into Massachusetts General Law 40A 7 . 4 . 4 . 2 , Ten-year Statue of Limitation concerning the removal of paving on the driveway that abuts your property. After reviewing said statue it is my conclusion that the driveway falls under this statue and my decision is that the paving may remain under its present status . If you wish to appeal my decision you may do so through the City of Salem Board of Appeals by filing proper application at my office . Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm cc: Councillor Donahue , Ward 3 Mr . & Mrs . Wilfred Marton §7.4.4 7. Administration and Enforcement - 7. Administratio L must be a showing that the use or structure was permitted and reason of an that the propertv was used in accordance with the original or of anv orc permit. Where the application, plans, or actual permit are not tions of an% all available, an investigation of these issues may be impos- unless such sible. tice2s thereo Second, the burden of proof in such situations is unclear. 1 or district in Generally, in an enforcement case, "the building inspector (or commencetr whoever has the duty of entorcement . . .) has the burden 1 of proving that the plaintiff's use of its premises violates the The provisior by-law."-' However, this rule is not ironclad.26 If municipal year statute p records are unavailable, the assignment of the burden of proof on its face, t( may be determinative of the result. ( tures are pro Third, how does this provision affect the breach ofz con- i teration or re dition contained in a special permit or variance decision? If the To court building permit refers to the conditional permit, which provi- must have bt sion of the statute applies?2' On the other hand, where the building permit does not refer to the conditional permit, the • in viol ten-year statute of limitations applies to the structural viola- • n viol. tions, as discussed below. or • in viol permit §7.4.4.2 Ten-Year Statute of Limitations Such structui Mass. Gen. L. ch. 40A, §7, 12, sentence 2, clause 3 con- tions, measu -tains a ten-vear statute of limitations for zoning violations not lation." governed by the terms of an original building permit. 1N]o action, criminal or civil, the effect or purpose of which is §7.4.4.3 to compel removal, alteration or relocation of any structure by iThe pro 21The Brotherhood of Alpha Upsilon v. Zoning Bd. of Appeals of tions protect Bridgewater, 15 Mass. App. Ct. 991, 992 (1983). I an original b' "See.e.g., Cape Resort Hotels v. Alcoholic Licensing Bd. of Falmouth, however, d0 385 Mass. 205, 219 (1982) (plaintiff had burden of showing that its structure is being used in accordance with permit); Building inspector of Chatham v. Notice s Kendrick, 17 Mass. App. Ct. 928, 929(1983) (burden on landowner to prove I ord,the name c defense of nonconforming use). of the structure "For example, where a use authorized by special permit is limited to weighing the a certain hours of operation,and these terms are restated in the building permitFor a re( (or incorporated by reference), the statute is open to interpretation. [ Curing Zoning 282 !t 7. Administration and Enforcement §7.4.4 i reason of anv alleged violation of the provisions of this chapter, or of anv ordinance or by-law adopted thereunder, or the condi- tions of anv variance or special permit, shall be maintained, unless such action, suit or proceeding is commenced and no- tice=s thereof recorded in the registry of deeds for each county or.district in which the land lies within ten vears next after the commencement of the alleged violation. The provision originated in 1987 Mass. Acts 481, 61. The ten- year statute protects only violative structures; it does not apply, on its face, to violative or nonconforming uses.:' Such struc- tures are protected from actions to compel their "removal, al- teration or relocation." To come within the statute of limitations, the structure must have been erected or improved: • without a building permit, • in violation of the terms of any original building permit, or • in violation of the conditions of any variance or special permit. Such structures are protected by the ten-year statute of limita- tions, measured from "the commencement of the alleged vio- lation." §7.4.4.3 Other Issues The provision establishing the six-year statute of limita- tions protects uses operating in accordance with the terms of an original building permit. The ten-year statute of limitations, however, does not expressly refer to uses; it protects only vio- 1 "Notice shall include the names of one or more of the owners of rec- j Ord,the name of the person initiating the action, and adequate identification of the structure and the alleged violation. There are no reported decisions weighing the consequences for failure to provide such recorded notice. 19For a recent summary of the 1987 amendment, see William V. Hovev, Curing Zoning Violations, 18 Mass. Law. Wkly. 2145 (1990). 283 F f strove / study 91 a razor is sharpened, an implement or stuc-co (slskoh) n. (pL -coos, machine serving the same parpoee plaster or cement used for tpating strop V. (stropped, strc p•pkp) to Esta of walls or moklisg to form sharpen on or with a strop... textural decorations stucco v. strove(strohv) see strive. coed, stue•co•Irtg) to enat .: struck(struk) see strike.: stucco. struc•tur•al (stak-chic-rdl) adj. 1. of a stuck(stuk)see adders.stuck adA 1. structure or framework. 2. used in con- able to move or make.progress, sanction of buildings etc, structural stuck!2. (of an aoimel)..that has ` steel stmertur•el•ly adv. stabbed or had its throat cut On �k•, struc-ture (struk-chdr) a 1. the way in on, (slang)infatuated with(a pereos. which something is constructed or or- thing).stuck vrith, (inforvnal)unable. ganized. 2. a supporting framework or get rid of. the essential parts of a thirkg. 3. a con- stuck-up (stak-up) adA (informal) f; strutted thing,a complex whole,a build. ecited,snobbish. Mg.structure v. (strut-turedi sbuC• stud'(stud)n. 1.a short large-headed turing)to give structure to,to organize a rivet, a smallknob projecting sbu•del (stroogK s66roo-) n. a pastry surface. 2. a device like a button usually made of thin dough rolled shank, as used to fasten a ' around a filling of fruit or cheese em shirt collar. 3. the upright beam : strug-gle (shrug-A) v. (strug-gled, in a wall to form a frame for p i' strug-gling) 1. to move one's limbs or stud v.(stud•ded,stud•ding)to body in a vigorous effort to get free. 2. rate with studs or precious stones act { to make a vigorous effort under di6cul. a surface, to strengthen with studs' firs, to make one's way or:a living etc. studs n. 1. a male horse or other with difficulty. 3. to try to overcome an kept for breeding. 2. the place opponent or problem etc. struggle n. these are kept. Oat stud, (of a a spell of struggling, a vigorous effort, - horse)available for breeding on a hard contest sbugrgler n. - of a fee.stud farm,a plate where '. r strum (strum) v. (strummed, strum- are bred. stud poker,a form of P9�PQ. ming) to play (a stringed instrument) with bating after the dealing of t with a light sweeping motion across the sive rounds of cards fate up. 4t strings.strum n.the act or sound made stud. abbr. student _15 :.. by strumming. - studbook(steed-buuk)n.a book - strum-pet(sham-pit)n. (old use)a prosti- ingg the pedigrees of horses f tute. s&-ding (stud-ing) n. studs (m8[ )9,�: strung (strung) see aMng. beams, etc.), material for thea. ' strut(strut) n. 1. a bar of wood or metal student (stoodent) n. a person asserted into a framework to strengthen engaged in atudymg something, a - and brace it. 2. a strutting wak strut at a university or other place of ,..:.' Y. (strut-ted, strutting) to walk in a education or technical training, rt.tr pompous self-satisfied way. students y strych-nine (sack-ran) n. a bitter highly stud-led(stud-eed) adj. carefully a poisonous substance, used in very small tentionally contrived, answered doses as a stimulant. studied indifference. studrled ly. „. stub(stub)n.1.a short stamp.2;a detach- atu•dl•o (stoodioh) a (pL -08) 1, p able section of a check or ticket etc.kept working room of a painter,sculptor' as a record after the rest has been tom tographer, etc. 2. a room or psetdls: off. stub Y. (stubbed, stubbing) to where motion picture are medal6 strike against a hard object, stub one's room from which radio or televisiart toe:stub out a cigarette,extinguish it by grams are regularly broadcast iebbbiYy - � pressing it against something hard. which recordings are made. ❑skids 7j stub-ble(stub-61) n. 1. the lower ends of apartment a one-room apartalen� ,$• " the stalks of grain left in the ground after a kitchen and bathroom.sWft COO^ kh ( the harvest is cut 2.a short stiff growth a divanlike couch that an be oaavakld i of hair or beard,especially that growing into a bed. i after shaving. stubrbly adj. sW•dl•ous (stoo-di-ifs) adA 1. r ; t.,.... stub•bom (stub-brn) adj. obstinate, not study,habitually spending muchti0lstr i . docile, not easy to control or deal with. studying. 2. deliberate, kh stubrborrt•ly adv.stubrbom•ness n diatu politeness sWrdl•orts stubby (stub-cc) adj. (-bi-er, -blest) sWldl•ous•ness n. a t� like a stub, short and heavy or thick. study (stud-ee) n. (pL stud•Isal r stubrbl•ness n process of studying the putaut t (situ of 19ttlem, massac4usetts Public Propertg 19epurtment Nuilbing Department (One dalem Green 508-745-9595 $xt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 25 , 1997 Mr . & Mrs . Wilfred Matton 10 Story Street Salem, Mass . 01970 RE : 10 Story Street Paved Driveway Dear Mr . & Mrs . Matton : On December 16 , 1996 I sent you a letter regarding the paved driveway abutting Mr. Lovely' s property at 14 Story Street and requested that you comply with Article Vll , Section 7-3 , subsection ( 5 ) ( 6 ) of the City of Salem Zoning Ordinance which pertains to having a minimum of a two ( 2 ) foot setback from property lines to pavement . Not having heard from yourselves or the abutters in the resent months , I thought that you had resolved the problems , and put this issue to rest . Unfortunately this is not the case . I received a phone call on March 25 , 1997 from your abutters requesting that I enforce the removing of paving per the City of Salem Zoning Ordinance . I am requesting that the paving abutting the property at 14 Story Street be removed within the next thirty ( 30 ) days of this letter , according to the City of Salem Zoning Ordinance. If this work is not completed within the next thirty ( 30 ) days this office will have no choice but to file legal action at Salem District Court . Thank you in advance for your anticipated cooperation in this matter, and please call to inform us as of your course of action in this matter. Sincerely, Leo E . Tremblay Inspector of Buil, /dings LET: scm cc: Steven Lovely I�� � Cfitg of #Ulem, filawwr4usetts (q'nD3V"P Public Propertq i9epartment building i9epttrtment (One !Salem Tureen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 15 , 1446 Mrs . Wilfred !"!arron 10 Srory Street Saiem, r!ass . 01970 RE : ll_7 tirnry �rreer 1 Ya{/e!t IIYI VPSJay I Dear Mr , A, mrs Marron : I nate been requ esteri by your abutting neighbor located at 14 Story Street ; -Mr. Steven Lovely, to enforce the City of Salem Zoning laws . Tn particular, Article VTI , Section 7-3 , subsection ( 5 ) i61 which reads as follows : The surfaced area of a parking lot and all entrance and exirs drives , shall be ser back a minimum of rwo ( 2 ) feet from all lot lines , except where an access driveway crosses the street lot_ line . Please contact this office upon receipt of this f letter to inform us as oyour course of ncrinn in this matter . Failure ro do so could result in legal action being taken against_ you . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Zoning Enforceme officer LEI': scm cc : Steven Lovely Councillor Donahue, ward 3 16 �� a Joan & Stephen Lovely 14 Story Street Salem, Massachusetts 01970-2820 Mr. & Mrs. Wilfred Matton December 9, 1996 10 Story Street Salem, Massachusetts 01970 Dear Mr. and Mrs. Matton: Regrettably, as a result of your recent conduct, we are compelled to send this letter. As you are aware, your new driveway is illegally discharging surface water onto our property. This discharge of surface water is flooding our driveway, our garage and our basement. We have asked you on four occasions last week to rectify the situation. We were told by both of you in various modes of politeness that it was an error and that the contractor would contact us and take care of the matter. We are now experiencing flooding in our driveway and basement the likes of which we have never experienced in the fifteen years we have lived here on Story Street Even during the torrential rain of last month (10 inches recorded) our garage and cellar were dry. However, after the completion of the construction of the your new driveway on November 30, 1996, our driveway, garage and cellar were flooded during the two most recent rainstorms, (Monday, December 2nd and Saturday December 8th), This problem is solely a result of the construction of your new driveway. Your cavalier attitude is . disturbing. You have shown no concern for the inconvenience you have caused us. Both of you, as well as your contractor, were aware prior to the installation of your new driveway, that a potential problem existed We made our concerns known to you in the past about surface water and requested that any surface water drained from your driveway not be discharged directly on to our property. Your contractor was made aware of this prior to construction. Your contractor has seen the problem that has been created and he agreed to repair it. He has proposed placing a burm on the west side of your driveway in order to prevent the discharge of water onto our property. He told us that you have rejected that because in that case the water will collect on your property. Consequently, as a result of your refusal to remedy the situation as well as your indifference, we are forced to take these steps to remedy the situation to protect ourselves and our property. Mr. & Mrs. Wilfred December 9, 1996 Page Two Therefore, please be advised that your new driveway is in violation of the City of Salem Zoning Ordinance. The zoning ordinance requires that all paving on driveways and parking areas be at least two (2)feet from property lines. (See Article VII, Section 7-3. subsection (5)(b) of the Salem Zoning Ordinance). As you are aware, the asphalt on your driveway extends to the property line at a minimum. In any event, we now give you notice to correct the problem and we have contacted the City of Salem Building Inspector. Additionally, we intend this letter to serve as notice that we are being damaged by the situation and that unless the matter is corrected immediately, it is our intention to file a complaint for private nuisance and trespass, seeking injunctive relief in Superior Court, both compelling you to remove the offending portion of your driveway as well as seeking damages including any and all costs of taking any necessary legal action. It pains the two of us to be required to take this step as a result of your actions. It is a necessary approach to a situation that"never should have occurred Very truly yours, ephen Joan Lovely cc: Leo Tremblay. City of Salem Building Inspector Certified Mail- Return Receipt Requested Z 128 648 655 CtLi of igntlem, Aussoe4usetts r Public Propertg Department Nuilbing Department (One t3alem (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 16 , 1996 mr , & Ctrs . Wilfrea Clayton ill .gory Street aaleml tvlass , 1_I 1 '4/U RE . 1t_I Story \rreer , 1 Maven llrivpway 1 Ilear -Mir, N rvfrS , p-tarron : T have been requested by your abutting neighbor located ar 14 Story .Street , Mr= Steven Lovely, to enforce the %itv of Salem Zoning laws , Tn particular , Article VII , Section i-3 . subsection ( 5 ) ( 6 ) which reads as follows : The surfaced area of a parking lot and all entrance and exits drives , shall be set back a minimum of two ( Z ) feet from all lot lines , except where an access driveway crosses the street int line . Please contact this office upon receipt of this letter to inform us as of your course of action in this matter . _Failure to do so could result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E. Tremblay Zoning Enforceme ' officer LET: scm cc: Steven Lovely Councillor Donahue, Ward 3 No. _ 2y City of Salem Ward _ QU) s APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete a�l^l items in sections:1, It, Ill, IV,and IX. 1. AT(LOCATION) 12.1 O p0Sii11NCT LOCATION NOj EE 7 OF BETWEEN AND BUILDING (CROSS STREET (CROW STREEn LOT SUBDIVISION LOT BLOCK SIZE II. TYPE AND COST OF BUILDING -All applicants complete Parts A -D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION"USE MOST RECENT USE 1 ❑ N building Residential Nonresidential 2 Addition fit residential,enter number of new 12One family 18 ❑ Amusement,recreational housing units added,it any in part D, 13) 19 ❑ Chruch,other fel(glpus 13 [:] Two or more family-Enter number 3 ❑ Alteration(See 2 above) of units ....................................................... 20 ❑ Industrial 21 ❑ Parking garage 4 ❑ Repair replacement 14 ❑ Transient hotel.moral,Or dormitory- 22 ❑ Service station.repair garage Enter number of units ....................... 5 ❑ Wrecking(it multifamily residential,enter number _ 23 ❑ Hospital,institutional _ --_.... .. of units in building in Part D. 13) 15 L . 3ara9e 24 ❑ Office,bank,professional 6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility 26 ❑ School,library,other educational 7 ❑ Foundation only 17 ❑ Other-Specify 27 ❑ Stores.mercantile _ B.OWNE5SHIP InJ�/ 28 ❑ Tanks,towers 8 Pnvate(individual.corporation.nonprofit institution,etc.) 29 ❑ Other-Specify 9 ❑ Public(Federal,State,or local government _ C.COST (Omit centst Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing pant machine shop,laundry building at hospital,elementary school,secondary school,College, - O parochial school,parking garage for department store,rental office building,office building 10. Cost of improvement "" ......... s /O 0 0 C) at industrial plant.if use of existing building is being Changed,enter proposed use. To be installed but not included in the above cost a. Electrical........................................................................... b. Plumbing.......................................................................... c. Heating,air conditioning............................................. d. Other(elevator.etc.)..................................................... 11. TOTAL COST OF IMPROVEMENT g 111. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E- L;demolition, complete only Parts J& M, all others skip to IV E PRINCIPAL TYPE OF FRAME F. PRINCIPAL PE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 ❑ M my(wall bearing) 35 ' Gas 40 Public Or private company Will there be central air conditioning? 31 Wood frame 36 ❑ Oil 41 ❑ Private(septic tank,etc.) 32 ❑ Structural steel 37 ❑ Electricity 44 ❑ yes 45 33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OFyVATER SUPPLY Will there by an elevator? 34 E] Other-Specity 39 ❑ Other-Spectty 42 ,L-„j, PPuublic or pnvatecompany 46 ❑ Yes 47 &I 43 ❑ Private(well.usmrm I J.OWENS DNS M. DEMOLITION OF STRUCTURES: I 48. Number of stones ............ ............ ....._...._....... 49. o�garre fast of S� Has Approval from Historical Commission been received all dimensions ..........._..._........_..._........._0........__....._.. for any structure over fifty(50)years? Yes_ No_ 50. Total land area sq.it...................._.............._.........._ Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Endosed.........-........._._.............._._.............._...._..._.. HAVE THE FOLLOWING tlflLfflES BEEN DISCONNECTED? 52. outdoors..............Cir._......................_...................._ -- Yes No L RESIDENTIAL BUILDINGS ONLY Water: - _ Electric: Gas: Full............... ..................... Sewer. 54. Number ofbathroornm DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial............................_._.. BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes— Nov (If yes,please enclose documentation from Hist.Com.) Conservation Area? Yes_ NoSL (If yes,please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes_ No ry Is property located in the S.R.A. district? Yes_ No_ Comply with Zoning? Yes C/ No_ (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No_ (If yes,submit documentation/if no,submit Board of Appeal decision) If new construction,has the proper Routing Slip been enclosed? Yes_ No_ Is Architectural Access Board approval required? Yes_ No_ (If yes,submit documentation) Massachusetts State Contractor License# Q 5 3s Salem License# S0,7 Home Improvement Contractor# In, 1�!�4 Homeowners Exempt form (if applicable) Yes_ No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX(6)MONTHS OF ISSUANCE OF BUILDING PERMIT If an extension is necessary, please submit CONSTRUCTION IS TO BE COMPLETED BY: / c( in writing to the Inspector of Buildings. ILLdaw 19 'leg V. IDENTIFICATION • To be co leted by all applicants Nauta Mailing address-Number,street,cdY,and state ZIP Code Tel.No. t. o Sq,LP-Vh MASS 7HV-.20YQ Ov or Lessee .2. x rN S St '3EU1 ss of q is a - a) Contractor Builder's License No. 3. o a513Y Archrect or j Engineer I I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. la - applicant Address Apo ratio date g DO NOT WRITE BELOW THIS LINE .Vl. vALIDATION `/ Building �� y FOR DEPARTMENTUSE ONLY Permit number 1 CJy use Group Building 19_ _«Permit Issued Fire Grading Building l \� Q Live Loading _;Permit Fee $ Occupancy Load YCCertifificate of Occupancy $ Approved Drain Tile $ 1 =Plan Review Fee $ G C TITLE NOTES AND Data-(For department use) r SiZ2 � re C70 (-S /0 � �« �) 6 (sc r Ve ,, j U e La r c> 1 V L. PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: Completed by: VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD a3 SIDE YARD REAR YARD NOTES . SITE OR PLOT PLAN -For Applicant Use N 6's t. S7 y 6,r„ i FEB-18-'00'SAT 03:31 I D. #097 P02 MORTGAGE INSPECTION lgook-k,-SAY STATE SURVEYING SERVICE INC e'I vias P34 CABOT StiammRI.YoMA. LOCATION r ... �i✓�_f...M..!4�5: . . ................. NOTES; C� SCALE + 1° c 3o FT. ATE ,.,• l �'I f. •This Is a Mortgage Inspection survey and not an REFERENCEr .• . Instrument survey,therefore this plot plan is for �• T••••• ••••............ mortgage Inspection purposes only. . ............... .. . .. .... •This survey Is based on survey marks of others. • ••.... •. • .. .. ..... .... . ............. • Bushes,shrubs,fences and tree lines do not necessarily Indicate property lines, TO - • - � '"� ... .... ............ •In my professional opinion the building(s)are not I hereby certify that I have examined the premises and that the located in the special flood hazard zone,as defined building(s) shown on this plan are located on the ground as by H.U.0. shown and that they conformed to the zoning setbacks of the •Whenever an offset is i't or lase, an instrument 5-Tq--.(?fr '`}� MA when constructed. survey is recommended to determine prop, lines. I � l B �13— v5N' i wa• sraR � s7; Salem FZAe Depa,%Xment APPOINTMENT FOR FINAL Fixe Prevention Bu-.e= APPO!PdTMENT FOR FINAL IN ,P .CTIO ! MUST BE 48 La4ayette Street INS?7ECTION MUST BE M-'u E AT LEAST ONE WEEK Salem, Ma 01970 hq ,DE AT LEAST ONE WEEK AHE :D....... ----------- -- (5 08) 745-7777 AHEAD................. - ......----- FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In accordance wi th the provt-64on.6 of the Ma6hachu�6ett6 State SuZZd-.ng Code and the Salem F-i-Le Code, apptLcati.on .i.6 hereby made 4o�L appnovae ob pZaxv� and the d.6zuance o4 a certi44cate o4 approval Jon a bu-Ztdi.ng pe�un t by the So-Zem Fierce Department. (Rei. Section 113. 3, Ma.6.6. State Bldg. Code) A,pp 41;s-,O'q TM Job Location: Owners/Occupant: 4ST0, enc A< 'vF E-Zect,t.i.ca.Z Contractor: fk NA -- F-(,ce Suppreaa.i.on Contractor: �1 IUe,A Signature o4 AppZZcaxtt: O�c � Phone #: Add,t",6 of Ci ty or Appt-Zcant: `/ �/ Town: Appn.ovaZ date: g�2�gy Centi,i-i,eate o4 app-cova2 .i.6 he2eby gxaanted, on approved pta.n,6 on zubmtit'at-- o4 project deter t,6, by the Saeem Ft4e Department. Att ptan,6 ace approved zo.Zeey 4oa i,dent44Zcation o4 type and tocati.on o4 J.ivice ptotec_ti,on devtcer., and equtpment. ACe pPa.n6 are .6ubject to approvat o4 any other author.(,ty hav-Gng ju4t-6d4cti.on. Upon eomp-ZetZon, the appZZcant or 4.n.6tatteJL(4) 4hae2. request an tn6pecti.on and/on teat o4 the 4.i to proteeti,on dev.lce6 and equ.Lpment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** ) New eon6t4uation. 0 Property ZoeatZon ha-6 no eompt-lance w.lth the provt-6-Zor" o4 Chapter. 148, Section 26 C/E, M.G. L. , �Le.eati,ve to the 4n.6taZati.on o4 approved 4-i,Le ata cm dev.i.ce-a. The owneL o4 this property 44 requ.i red to obtain compt i.a.nce a,6 a condi t.Zon o4 obta,i.n.Zng a ButZ.di.ng Pe un.i t. EZProperty t-oeatCon -i.6 .Ln comp.-ia,nce wi-th the provt-6tona of Chapter. 148, Section 26 C/E, M. G. L. Expt&ation date: /6 //5 /9/ 4/� A� 'P g,4, 41 Sz_gnatu-%e o4 F-ivie 046.i.e,aat- Fee due: under 7 , 500 Sq. Ft. - 7 , 500 Sq. Ft. on 4azgeL - $25 . 00 Form #87 (Rev. ' 0/90 ) FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In compliance with the provision of Section 113.5 of the Massachusetts State Building Code, and under guidelines agreed upon by the Salem Bldg. Inspector and the Salem Fire Chief, the applicant for a building permit shall obtain the Certificate of Approval (see reverse side) and stamped plan approval from the Salem Fire Prevention Bureau. Said application and approval is required before a building permit may be issued. The Massachusetts State Building Code requires compliance approval of the Salem Fire Department, with reference to provisions of Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts Y UJ General Laws, and 527 Code of Massachusetts Regulations. z U ; LU The applicant shall submit this application with three (3) sets of plans, °c z drawn in sufficient clarity, to obtain stamped approval of the Salem Fire LL o 00 Department. This applies for all new construction, substantial g cn ; alterations, change of use and/or occupancy, and any other approvalsw Z w required by the Massachusetts General Laws, and the Salem Fire Code. o -' Z � Exception: Plans will not be required for structural work when the o Exce ' n P 4 n. , proposed work to be performed under the building permit will 4 not, in the opinion of the Building Inspector, require a plan to show the nature and character of the work to be performed. Notice: Plans are normally required for fire suppression systems, fire alarm systems, tank installations, and Fire Code requirements. Under the provisions of Article 22 of the Massachusetts State Building Code, certain proposed projects may not require submission of plans or complete compliance with new construction requirements. In these cases, provisions of Article 22, Appendix T, and Tables applicable shall apply. This section shall not, however, supersede the provisions outlined in the Salem Fire Prevention Regulations, Chapter 1489 MGL, or 527 Code of Massachusetts Regulations. All permits for Y fire code use and/or occupancy shall apply for the entire structure; a LU fire alarm and/or smoke detector installation shall apply to the z entire structure based upon current requirements as per Laws and/or " m z Codes, but the existing structure may comply with regulations o u~i O applicable for existing structures. zw Notice: Sub-contractors may also be required to file individual g applications for a Fire Department Certificate of Approval h for the area of their work. Such sub-contractors shall file Fj '"'_', a :r an Application to Install with the Fire prevention Bureau prior to commencing any work for those areas applicable. n — Form 81X (10/90) • Cs�NTRPC�+oR MR M pt+oN to Ston Ct SALM 20N ITE-LU T!' .-`'1oZ�[_'.�� rPVE vE Qbi -Agto approval by any �i'PFgVED Other 6 havingjunalncti,n. -. . _, _ �I . .I _, -.._- R� . \ � `LriLF ,Ait�S 2xs NEAO Ff32 �-Ri:e VFNI'J TO $i -C7 i nRry E F u V Er - BY— PLSWSARER YEU APPSOLELY FOR IDENTFICAT1ONOF �,� �� TYPE AND LOCAT:Ci4 OF FIRE PROTECTION DEAMB- i ALL FIRk PROTFCTICN DEVICES ARE SUBJECT TO A I I _- MAL TIESTANDI i-FECTION,FOR COMPLETE COMPU- ANCF..:'TTH Thr FIRE CODE. i -t T ax to II , SD I i+ 61C57LSTLNb I� I G;LEAR WH2-tE cfADAR r I CPII( +'T dEX WOUSQ�Nhn j I f S9 i� G•" w GR I //A coy ON at, FbetTNG CV, POURGbFa91"' EXTE.f21oR wRIl.!.5 _. _. TAi u. �> o v4 �� -y o ti�da-Lroo� .,9,01- ___ _------------- I I I II Ll i I L t ye xo.? i —5 1-7 Nd b i 1 AoL'S 5� +Nerr�S J' rum �. cavr�'Hc rc�R tfA MA-WoIV 10 stoRX sr SetL CtiI�rRwazylt._ Nc ___gah_-!a_I � EXsz9T1N6 �ASF_ME� ---------------- vizRE M q"PoOREO c0uc RE1E I Lq ct i I „ k rf i BAGk �O POuREP pooangrzor/ 6RSEM�µ} FLOOP Pj,RfJ i Ib i' I� T- ! I �I Nx1�my �w3Ybs Q s �� NO ' X04=SHY-!•^�o`� .. .. Ntl7d zi � �x c �1 ;I f f' jl tl LO , �IT ` J�fI .,�oawd ol'..�uaanws .. awes �tiehaet �. Dukakis . r+wmeti JlL (Jew -Zssdds�, Gorwnor it, J%lod _ Aao.. ( VI Kenum Tsutsnest �oeto... ..lr�aeeaotirr.r. OslOd ca>;r�aa 4171 C�aslea J. Dlatxo AdMons rator M E M 0 R A N 0 U M 70: .ill BwWtne I]caaraacumalatc Butlutae Instteaors FROM: (lama J. Dimino. Adtmnntrator DATE: Ocuma J 1. I lM SUBMCT. MGL an. SSd. Added RV riAL S9 e! the nen hr 19W he zoom-meanoam statute rcautra that ucerm resautnt lines Inc ucesouuon. rcaorns.tet MUdi m ,,r ether alteration m a nutwtat hr struaare he utsnasea ht in a properly ft"" o Wild w espm ,aautr as utltnat ov MGL X111. S13CIA anis Inas nuttutae permm cir uxmto arc at IncloolliMM loom ,.r lite tatautr at welch Inc salt dcnrts is in he uisomeu. THIS REoummmENTMOES N® )LPPLY TO NEW CON=, UPON. In oraer in sta mllr ilia pros=and to prtwoue unuurmitir. we are attacalnt a coor ul a unt wil"rd �3n caner rcpmu=Gait use as It IS since Inc comoletea Itum will be attacSLa td Inc nldw owed boddim permm lir It=nsc or remmum a an ptur letttrnena In CM=Of maniCoaL COMMCMT3L 11111U[trtal.Or ma/t1•umt nnttstnt CORStrnetlon. Inc t'nntlaC'MntWllnt"M he dummter sutlmutraccor at Inc time nt the eunume permit ahpuauon. in sura t3se16 tae Intal CI* of to Affidavit nn oe u=cL he tamntete taw Is mnatnm cd In the Nnvener Issue omrn f CODEWOR0 wwill lie mtu" to Nfa In tni em two weetcs. if you Showa have any uueunn. manta ict Its tnaw. C1Dhm AFFTDA ViT As a result of the provisions of MGL c 40. 554. I acknowledge that as a condition of Building Permit Number all debris resulting from the construction activity governed by Uds Building Permit shall be disposed of in a oroperiy licensed solid waste disposal facility, as defined by MGL C 111. S 150A. 1 cerdfv that 1 will notify the Building Official by ([Wm o months ardmuml of the location of the solid waste disposal fad ty here the debris resulting from the said construction aafviry shall be disposed of. and 1 shall submit the appropriate form for attachment to the Building PeamL �n C� Dau Signature of Permit AppUtaat (Print or type the following information) I?nAl rnC Name of Permit AppUeant �kik)/+rA) T IV Firm Name. if any Address-�' i i u In accordance with the provisions of MGL c 40. S 54. a condition of Buildinc Permit Number is that the debris resultin0 from this wbrtc shall be disposed of in a property licensed solid waste disposal facility as defined by MGL c 111. S 150A The debris will be disposed of in: Q; (LA=uon of Fa ) Wit, ��,lt�yeC�NN�I , Signature of Permit p.pphfant O Date ME � a COMMONWEALTH OF MASSACHUSETTS yam,. DEFAR MENT OF INDUSTRIAL ACCIDENTS 5 y 600 WASHINGTON STREET _amen . :,amooen BOSTON, MASSACHUSETTS 02111 --ss+one• WORKERS' COMPENSATION INSURANCE AFFIDAVIT !, 20 A) rh� Lkuj4mn) T(U (licenseeiperminee) with a principal place of business/residence at: 111 SIAAJUL� IOLV RL l MfK ( n 1.91 (City/State/Zip) do hereby certify, under the pains and penalties of perjury, that: ) 1 am an emplover providing the following workers' compensation coverage for my employees working on this job. insurance Company Policy Number LLe I am a sole proprietor and have no one working for me. � ) I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation insurance policies: �W �lCEL3 1-w LAX A �,-FYUA Name of Contractor Insurance Company/Policy Number tiame of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number () I am a homeowner performing all the work myself. NOTE: Please he aware that while bomeowners who employ persons to do maintenance,construction or repair work on a dwelling of not more than three units in wbieh the homeowner also resides or on the grounds appurtenant thereto arc not generally considered to be employers under the Workers' Compensation Act(GL C. 152,sect. 1(5)), application by a homeowoer for a license Of Permit may evidence the legal sums of an employer under the Workers' Compensation Act. 4 understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of Insurance for coverage •:enncation and that failure to secure coverage as reauired under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to $1500.00 andior imprisonment of up to one year and civil penwries in the form of a Stop Work Order and a vine of S 100.00 a day against me. Signed this G7 /1--K, day of aAA---QAxA - 19 icenseei Permittee Licensor/Permittor eo i 1s=C' 5000 , ;, q �aI y n r 24 ° 40 s� I l . a 2.10ac a000 33 ❑31 97 C34J g noo 000 sono = 4 50062s O�2/ 6e ❑3 � � a �Yq 'a sono x� a 0 u CD = w 6 8� JJp 0 SO 5150 280 25 5000 5(0 - 9/47 529 Q s0 X —J e 9 fit/ �O loo sSp B 9 v —x o 2 LO' 50 5G e0 ^ (V m aoa los s STREET z i 3 23 x . RE Ar �se0' tppto e .0 77-e • bu00 g p g O \ '� 2 , o 9 18 � 5000 4 FC 0 0 *; c 946 5 ., ' « `803 ' 5000 2 S *o I e' 13 B C- 4Q 1 T A ti g .2 34 /i /2651 lO GcI �' j0G'100 " '1 J•s �u " L a ry CO T R E E T p ~ 4 cTna Y „ 129 �... / -a ec 4p lo•� Ico c'45o / o 12 1 ' At,MIEN v. w : 0 eNsN �� _ 0 7506OU o L X 7500 �-- "' Q 10 J * S T R E iE T ., g? CLEVELAND' nv ° it Q wo lel-' .. 2g T AN �.T n City of Salem, Mass. ELECTRICAL DEPARTMENT 44 Lafayette Street PAUL M. TUTTLE ,CITY ELECTRICIAN DATE . ... . . ... . . . . . . . . . . . . . . . To: INSPECTOR OF BUILDINGS Salem, Mass. r,G - �t�r it "� ---Electrical Contractor ---- ---- --- ---------- ------- --- (Signature of Applicant) 1 . .----------------------------------------- ------------------------------------------------------------— ----- ................ has signified their intention of performing the required electrical work, viz: removing and later replacing all electrical wires, fixtures, receptacles, etc., on outside of building located at: -------------------------- ........................Street in conjunction with a wall siding installation to be made by: -------------'---- ---- --- ------------ ---------------------------------- Siding Contractor A /" --------------- --------------------------------------------------------_.......... ---------------------- ISSUED BY - --------------- ---------------- This is a requirement, preliminary to the issuance of a permit for the sidewall installation by the Inspector of Buildings. ORIGINAL-SIDEWALL INSTALLER PINK COPY-BLDG. INSP. YELLOW COPY-ELEC. FILE Building Inspector NOV �M"er 2005 City of Salem City Hall 1P, 7 CITY OF SALEM 120 Washington Street MAYOR'S OFFICE Salem, Ma. 01970 Dear Sir: We are writing to you due to the lack of interest from your assistant to resolve a potentially dangerous situation and another issue. On Thursday November 17th, we came to your office to request something be done about our neighbor at 14 Story Street who has placed heating/cooling fan units on concrete slabs on our property and near our chain link fence. We are very upset and concerned for the safety of our children and our animals . As children are curious, we envision them putting their fingers through the fence and/or sticking something into the fans. We are also concerned for the noise and debris that these units will create when in use. Secondly, the downspout at the corner in line to our garage and at the beginning of the new structure is placed in a manner that when it is raining, this one downspout channels all the water to one spot lowering the grade therefore causing erosion and damage to our driveway. This caving in has already started to happen- This is the second time in several months that we have talked to the assistant building inspector and received no response . The first time was by telephone and we were put on hold for 20 minutes and he never returned. When we called back, we were told that he was busy with something else. Again last Thursday we left three phone numbers for him to call us back on that day, and we never heard from him. Please address these issues in a timely manner. Thank You, Gloria & Wilfred Matton 10 Story Street Salem, Ma- 01970 Ph: 978-744-2040 cc: Mayor Stanley Usovicz REFERENCES Not To Scale SOUTH ESSEX DISTRICT REGISTRY OF DEEDS: PLAN BOOK 1001, BOOK END DEED BOOK 15590, PAGE 463 / ASSESSOR'S Garage MAP 23 LOT 15 Air Conditioner (1.5'x2.7') 00140.3' Encroaches N Air 2) 0.4 ditioner moi/ ' Encroaches 0 8' 1 .0' 4 (1.5'x2.7') 0.2' Dmd,�d ncroaches 0 C c Ea Lionel P. LeBlanc 15 Read St. Condo 1-13 Read St. Condo o IP/t 110, 1.0, Wood LOTS 3&5 Garage 11,000 S.F. Shed 24'Above Air Conditioner Gound Pool (1.5'x2.7' Encroaches S ,Air Conditioner ' ..,_....,. ._ _�_.. .a_ (2'x2') a4' _ Encroaches a (1.5'x2.7') p Encroaches N/F 22.4' Richard J. Petrino & o Maureen M. Sullivan 0 N/F >, Stephen P. & a Joan B. Lovely > 11/Z Story o DeckWood _ #10 22.4' r+7 M 110' Cd ao i / Fnd STORY STREET PLAN OF LAND o��A JAMES S9�yG N eou o s SALEM , MA . is 9 9P�° NO. 10 STORY STREET JAMES W. BOUGI R.L.S. DATE BARED FOR GLORIA R. & WILFRED E. MATTON EXISTING CONDITIONS DMG"E°' BRADFORD ENGINEERING CO . SHEET 1 or 1 DRAW RG nEW: BRM 3 WASHINGTON S Q . REVISIONS BY CHECKED: JWB JWB H A V E R H I L L MA . 01830 03-03-06 RG SCALE` 1" = 20' PHONE'(978) 373-2396 : (978) 373-8021 nroaro a_�e l:oe.mt DATE: FEBRUARY 27, 200 nom ` t 0 FILE N0'140067s