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47 SUMMER STREET - BUILDING INSPECTION �7 .S lirn F� CITY OF SALEM, MASSACHUSETTS r BUILDING DEPARTMENT 120 WASHINGTON STRF_ET, 3uo FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 1CIMIIERLEY DRISCOLL MAYOR THONLkS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 28,2008 R.E:`47-Summer Street Frank and Lisa Camarada 47 Summer Street Salem Ma.01970 Dear Owners, City hall records recently identified a tenant living at 47 Summer Street,unit#3. Our records show that your property is a single family home that was granted a Tourist Home Special Permit in 2004. A Tourist Home does not allow for a permanent resident. You are directed to contact this office upon receipt of this notice to discuss this situation. Failure to respond will result in 21 -D fines. Tho a��j rr� Building Commissioner/Zoning Officer cc. Jason Silva,Councilor Pellitier : COMPLETESEND ■ Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by Ofinted Name) C. Date of Del ■ Attach this card to the back of the mailplece, or on the front if space permits. - i. Article D. Is del ry address different from hem 17 ❑ e Addressed to: Yes ye / 1 t If YES,enter delivery address below: 13 No Yom.ot— amar'� ❑Certified Mail ❑Express Mail ❑Registered O.Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4, Restricted Delivery?(Extm Fee) ❑Yes 2. Article Number (I)ansfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POS C VIA 011a Usp P • Sender: Please print your name, address andel ZIP.+4^rrr1WG box ' OLU CITY OF SALEM, MASSACHUSETTS CITY OF SALEM. MA BOARD OF APPEAL CL'ERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR '•, lit SALEM, MA 01970 tidy, ~/ TEL. (978) 745-9595 FAX (978) 740-9846 1004 JUN - STANLEY J. USOVICZ, JR. 2 P 2� 5U MAYOR DECISION ON THE PETITION OF MARGARET CAMARADA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 47 SUMMER STREET R-2 A hearing on this petition was held on May 19, 2004 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne , Stephen Harris, Joseph Barbeau and Bonnie Belair. .Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit, 5-3© (III) Tourist Homes to allow the creation of a tourist home for the property located at 47 Summer Street located in an R-2 zone.. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact DECISION ON THE PETITION OF MARGARET CAMARDA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 47 SUMMER STREET R-2 page two 1. The Petitioner's appeared and represented themselves at the hearing. 2. Petitioner requests a Special Permit to operate a 3-room bed and breakfast. N (7 3. Sarah Smith an abutter spoke in support of the petition. n, r-1 m 4. There was no opposition to the petition. z MC) Vi cn N T T r- On the basis of the above findings of fact, and on the evidence presented at the -n hearing, the Board of Appeal concludes as follows; ry C-) m3 D 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All requirements of the Salem Fire Department relate to smoke and fire safety shall be strictly adhered to 3. A Certificate of inspection shall be obtained 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including but not limited to, the Planning Department. Special Permit Granted May 19, 2004 ytjy,� "-fl e nie Belair Board Of Appea( SCK, DECISION OF THE PETITION OF MARGARET CAMARDA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 47 SUMMER STREET R-2 page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. c� M z � NCn N Q� �7 o- N m 3 U D un LR .SENDER: Comple;7rtemi%-;2,3 and 4. o Put your address in the"RETURN TO"space on the 3 reversesida.Failure to do this will prevent this card froff,. t� being returned to you.The return receipt fee will provide .+ you the name of the person delivered to and the date of delivery.For additional fees the following services are c ovailable.Co ultpostmasu r for famand chack box(es) .Z fOr service; reQYBlIed. J t.-M—jhovv to whom,date and address of delivery. 2. ❑ Restricted Delivery. V 3. Article Addressed to: 7-� -60- -7 0 60--7O 4. Type of Service: Article Number ❑ Faeosferad ❑ Insured yy3 504 d- rtified ❑ COD ❑ Express Mail Aiways ootain signature of addressee,gr agent and DATE DELIVERED. QC 5. ature-yA�,dd�ressee rlj 6. Signature—Agent Vts`'r 7. Date of Deliver v nl C �Q .. 2 B. Addressees Addess(ONL r e an eepa m 7 m e �— m 9 UNITED STATES POSTAL SERVICE I (I OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the um space below. • Complete items 1.2.3,and 4 on the reverse. • AttaCb SO front of article if space permits, PENALTY FOR PRIVATE otherwise aWm to back of article. USE.$aco • Endorse article"Return Receipt Requested' adjacent to number. t RETURN TO ma of San r) )N and Streeit Apt..,Sult ,P.O.Box/oar,A.D.No.) City,State,end ZIP Co e) P 443 509 270 RECEIPT FgKCEF:TIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reveree) Sent io Street and N P State end ZIP Code —*1 " cLO\C 7 Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Recelpt Showing to whom and Date Delivered Return Receipt Showing towhom, ry Date,and Address of Delivery ao -�+ TOTAL Postage and Fees $ a ly Postmark or Date 0 E 0 W y a NRCN POSTAGE STAMPS To ARTICLE To COVER FIRST CUL"POSTAM CENTERED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(me ftaQ 1.IFyou wantthis receipt postmarked,stickthe gummed stub on the left portion of the addressslde of the article Isaving the receipt attached and presentthe article at a postoHice servicewlndowor hand it to your rural carder.(no extra charge) 2 If you do not want this receipt postmarked,stick the summed stub an the left portion of the addresaAide of the article•date,detach and retain the recelpt,and man the entice. 3.If Volt want a return recetpt,write the certified-mail number and your name and address on a return Fooeipt card,Form 3811,and attach Rtothefront ofthe ancleby means of thegummedends H spare permits.Otherwise,affix to back of snide.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4.If you rant dellvery restricted to the addressee,or to an authorized agent of the addresses. endorse RESTRICTED DELIVERY on the front of the article. G Enter fees for the services requested in the approprlato spaces on the front of this recelpt.H return receipt Is requested,check the appilcable blacks in hem 1 of Farm 3811. 8.Save this recelpt and present It If you make Inquiry. CtU of z Public Propertg Beparhurut s 7p A'x�o�Mey,3"°"^ �Ull�[111,1 71yEpttrtriTerit William H. Munroe One Salem Green 745-0213 January 15, 1986 Mrs. Marchand 47 Summer Street Salem, MA 01970 RE: 47 Summer Street, Salem, Dear Mrs. Marchand A visit to your property was made on Monday, January 13, 1986, because of a request by the second (2nd)floor tenants. There is some concern on the part of these tenants and this office as to the safety aspect of the second (2nd) means of egress. Having not viewed the first (lst) floor level we at this time are unable to accurately determine that the second (2nd) egress is in fact legal or not. r Would you please contact this office within seven (7) days of receipt of this notice to set up an appointment with us to resolve this question. Sincerely, E 5 P qui Asst. Bui ding Inspector EJP/jdg file �urlc�lrr� hS�P•�Or ; .IAN IO g 35 Mrl '86 C -ILLIY 0 CITY OF SALEH,HASS. '`-e— P��zz�tci i���YQSS- -dd -all tt MINUTES - NOVEMBER 30, 1983 page three 20 Raymond Road - Gerard & Patricia Salvucci Petitioner is requesting a Variance from density requirements in order to construct an addition in this R-1 district. Mr. Charnas read the application and a letter from the Fire Marshal stating the Fire Department had no objections providing a Certificate of Compliance be obtained. Mr. Salvucci represented himself. He explained he wanted to put in a small deck about 13 feet long, he explained there was a porch there that was torn down because it was in such bad condition, he will replace that making it a little larger and it will be enclosed. The deck will then go to the end of the house. The sidelines will not be affected neither will the rear setbacks. The only thing affected is the density. Mr. Charnas made a motion to grant the Variance from density and allow the constructio, of an addition in strict accordance with plans submitted. Mr. Hopper seconded. UNANIMOUSLY GRANTED 47 Summer St. - Margaret Petitioner is requesting a Special Permit to allow two rooms on the first floor as a decorating and craft store in this R-2 district. Mr. Charnas read the application and a letter from the Fire Marshal stating the Fire Department Eras no objections provided a Certificate of Occupancy and Use be obtained. He also read a letter from the Planning Board stating they were opposed to a commercial use in a residential area, also concernced with parking problems. Margaret Marchand represented herself, she explained the type business she would be operatir. She would hold classes in ceramics in one room and have one room to display merchandise for sale. There would not be more than five people in class at a time. She explained she is a single parent with three children and needed to earn extra money without having to leave the children. There is no parking problem at night, this will be at night. There will not be swarms of people May have a small sign, about 20coming in. " x 20". Mr. Hopper asked if there will be any employees. She said she did not think so. She explained it is a one family home now, at one time it was two family. Mr. Hopper asked if she had any plans to make it a two family. She said no. No one appeared in favor or in opposition. Hearing closed. Mr. Hopper said he was concerned about the parking but felt if it was limited to a one family that would take care of it. Mr. Charnas made a motion to grant the Special Permit on condition the house remains a one family dwelling so long as the business is there, the size of the class is to be no more than five individuals, there be no more than one employee, must meet all fire codes, must obtain a Certificate of Occupancy and Use. Mr. Bencal seconded. UNANIMOUSLY GRANTED 37 Cabot St. - Tanin Sasaluxanon Petitioner is requesting a Special Permit to allow a third apartment in this R-2 district. Mr. Charnas read the application and a letter from the Fire Marshal stating the Fire Department had no objections provided a Certificate of Occupancy be obtained. Mr. Sasaluxanon represented himself. The house is in bad shape, I have made improvements. Parking is no problem, can park three or four cars. No one appeared in favor or in opposition. Hearing closed. Mr. Bencal asked if there were any facilities on the third floor. No, but it is very big. Mr. Hopper asked if the third floor was vacant now. Yes. Mr. Hopper explained to him it would be necessary for him to provide five parking spaces. He said he could do that by taking more of the yard. Mr. Charnas made a motion to grant the Special Permit and allow a third floor apartment. Mr. Luzinski seconded. UNANIMOUSLY GRANTED ' DATE OF PERMIT PERAFT No O'ONR I LOCATION ' i 10/4/68 I Grace Spychalski I "�#7{ k?fili�@43t. R-2 47 Summer St. -- -- STRUCTURE MATERIAL DIMENSIONS No, OF STORIES No.OF FAMILIES WARD COST �. I. . 1 . - BUILDER Board of Appeal To conduct real estate offcie at this location and install sign. F . 3/19/80- Bd. , of Appeal - Richard & Margaret Marchand - 17' x 20' family room GRANTED 4/15/80 #114 Demolish (1) story 8'x17' ell room and rebuild room to make 20'x17' � family room,build a chimney, variance appv'd by Bd.of Appeals. 12/3/80 #490 (Owner-Richard Marchand) Install cast iron wood burning stove. 3/6/81 . #69 Strip and reroof. ! f BOARD OF APPEAL: 11/30/83 - GRANTED - Special Permit to allow two rooms on the first floor to be used for decorating and craft store. i f 1 4 f {.1 J r DATE OF PERMIT PERMIT No. OWNER LOCATION 17 10/4/68 I Grace Spychalski I R-2 47 Summer St. STRUCTURE .4XMENSt19A rq„ I .O{f SJORIES I No.OF FAMILIES I WARD COST 6od�s a B kfi6 9 IIvi 4\�® / 3 BUILDER Board of Appeal - To conduct real estate offcie at this location and install sign. 3/19/80- Bd. of Appeal - Richard & Margaret Marchanfd - 17' x 20' family room GRANTED 4/15/80 4114 Demolish (1) story 8'x17' ell room and rebuild room to make 20'x171 family room,build a chimney, variance appv'd by Bd.of Appeals. 12/3/80 #490 (Owner-Richard Marchand) Install cast iron wood burning stove. 3/6/81 469 Strip and reroof. BOARD OF APPEAL: 11/30/83 - GRANTED - Special Permit to allow two rooms on the first floor to be used for decorating and craft store. 11/1/89 #551-89 Remodel bath, 2 gas furnaces, change elec. sere., D.H. Est. 20,000. fee 1 Chimney Hazard 47 Summer Street 10/21/14 Site Visit. Chimney leaning (curling). Took photos. 10/27/14 Reviewed photo with Okay to send letter. Tom. 10/28/14 Sent letter to owners. Asked for engineering report or rebuild of chimney. 10/29/- Several missed calls and 11/3/14 messages from Phil Marchand, owner. Agrees that chimney needs attention. Had masonry bid to rebuild several years ago: +/- $10,000. Chimney not currently in-use. Would be willing to have taken down, but believes that Historic Commission will insist on 11/3/14 Spoke with Phil. bebuild. Action to be taken: Mr. Marchand will petition Historic Commission for permission to remove chimney to roof line. I told him that Building Department would support this action. CITY OF SALEM, MASSACHUSETTS 3 INSPECTIONAL SERVICES DEPARTMENT y THOMAS ST.PIERRE INSPECTIONAL SERVICES DIRECTOR /BUILDING COMMISSIONER KIMIiERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595♦FAx:978-740-9846 October 28, 2014 Re Building Concern Frank A. Camarda Margaret A. Camarda 47 Summer Street Salem,MA 01970 Dear Property Owners, The forward chimney on the right hand roof(facing front) of 47 Summer Street is markedly deformed, and visibly deteriorated at the rim. The possibility of collapse represents a risk to Public Safety. 1. You,the owners,must take immediate action to ensure public safety. a. The chimney must be inspected and certified safe, in writing,by a Structural Engineer or Architect,or b. The chimney must be repaired. 2. Please contact this office upon receipt of this notice to let us know your course of action. Failure to resolve the issues cited above will be construed as non-compliance, and may result in the issuance of Municipal Tickets and Fines as well as the filing of criminal complaints in District Court. You have the right to appeal to the Massachusetts Board of Building Regulations and Standards (BBRS) at One Ashburton Place/Boston/MA. Sincerely, *66 ( Harry Wagg Assistant Building Inspector 978-619- 5643 hwagg(c salem.com c.c. Thomas St.Pierre, Building Commissioner, file s• . I — ` ONF WAY r� Inaysk '? f k r is Chimney Hazard 47 Summer-Street 10/21/14 Site Visit. Chimney leaning (curling). Took photos. 10/27/14 Reviewed photo with Okay to send letter. Tom. 10/28/14 Sent letter to owners. Asked for engineering report or rebuild of chimney. 10/29/ - Several missed calls and 11/3/14 messages from Phil Marchand, owner. Agrees that chimney needs attention. Had masonry bid to rebuild several years ago: +/- $10,000. Chimney not currently in-use. Would be willing to have taken down, but believes that Historic Commission will insist on 11/3/14 Spoke with Phil. bebuild. Action to be taken: Mr. Marchand will petition Historic Commission for permission to remove chimney to roof line. I told him that Building Department would support this action. Phil had chimney taken down past the crooked section. He had obtained permission from Historic and believed that that permission from Historic was equal to Building Permit. The 12/15/14 Met with Phil on site. chimney is also capped although workmanship appears to be mediocre. No re-pointing was evident. I told him that he could come take a permit as the homeowner, and that we would sign the card after it was issued. �COND174;4 , . eve CITY OF SALEM, MASSACHUSETTS a �Q. BOARD OF APPEAL v. n 4rarMINLDO�P 120WASIINGrONS1ItIT1' 0SAt.emt,DIASSACiuscrrs01970n r Fiaisi:aa,.i Y Daiscot.t, Ti:i.i::978-745-9595 FAX:978-740-9846 rr MAYOR • r June 11, 2014 3V n Decision City of Salem Board of Appeals n J Petition of PHILIP MARCHAND requesting a Special Permit per Sec 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance, to allow a 20'-9" x 16'-11" single-story addition to the existing residence and Bed & Breakfast, at the property located at 47 SUMMER STREET (112 Zoning District). A public hearing on the above Petition was opened on May 21, 2014 pursuant to M.G.I. Ch. 40A, � 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Harris (acting Chair), Mr. Dionne, Mr. Duffy, Mr. Watkins, and Mr. Copelas (Alternate). The Petitioner seeks a Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Sintanres of the Salem Zoning Ordinance. Statements of fact: 1. In the petition date-stamped April 30, 2014, the Petitioner requested a Special Permit per Sec 3.3.5 Nonconforming Single-and Two-Family:,Residential Sinlaums of the Salem Zoning Ordinance, to allow a 20'- 9" x 16'-11" single-story addition to the existing residence and Bed &Breakfast. 2. Attorney Scott Grover presented the petition for the property at 47 Summer Street. 3. The petition proposes to add a small second-story addition to an existing single-story portion of the building. The purpose of the addition is to create a single bedroom with a laundry room, to accommodate an expected baby. The proposed addition would not change the existing building footprint. 4. The property is currently in use as a single-family residence and 3-bedroom Bed and Breakfast. 5. The proposed change to the existing building would allow continued use as a single-family residence, and would reduce the Bed and Breakfast to 2 bedrooms. 6. The proposed addition would be in a style consistent with the existing structure, and the proposal also requires review and approval by the Historic Commission. 7. The requested relief, if granted, would allow the Petitioner to expand the existing non-conforming single-family residential structure, by adding a single-story addition on top of an existing single-stop- portion of the existing building, such that the entire structure will be two stories. 8. At the public hearing, two abutters expressed their support of the petition, one noting that the proposed addition would allow the applicants to remain in the home and the neighborhood. 'The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petitions, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Gity of Salem Board of Appeals June 11,2014 [Project:47 Summer Street ti Page 2 of 2 Findings — Special Permit to allow the renovation and expansion of an existing nonconforming structure: 1. The adverse impacts of the proposal do not outweigh its beneficial impacts. 2. The proposal serves a community need. 3. There will be no additional impact on traffic flow or safety. 4. The utilities and public services to the building will be adequate. 5. The Bed and Breakfast business is already in place, and has fit in well with the neighborhood. 6. There are no apparent negative impacts on the natural environment, including view. 7. The proposal will not create a negative economic or fiscal impact— there is potential for the proposal to have a positive economic and fiscal impact. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (NIr. Watkins, Ms. Harris, Mr. Dionne, Mr. Copelas, and Mr. Duffy in favor) and none (0), to grant the requested Special Permit to allow a 20'-9" x 16'-11" single-story addition to the existing residence and Bed & Breakfast, subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply with all city, and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. t 7. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board Yy_li� ?WUI�6 Annie Harris, Acting Chair' Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, Thal(he made purmant to Section 17 of the Alaseaduietts General Lams Chapter 40A, and shall be pled within 20 days offling of this decision in the odice of the City Clerk. Puruart to the Massadersettr General Lams Chapter 40A, Section 11, the [,ariance or Special Permit granted herein shall not take e#ea until a copy o%the decision bearing the certilicdfe of the City Clerk has been fled moth the Esse. South Regilg of Deeds. rte. CgTty of ` atem' &r dttt°Z'sacmOtts fin G ottzD of c1ruA CITY SALEM, MASS, MARCH 19, 1980 DECISION ON THE PETITION OF RICHARD & MARGARET M1kRCHAND REQUESTING A VARIANCE FOR 47 SUL4fER STREET A hearing on this Petition was held on March 19, 1980 with the following Board Members present: James H. Boulger, Jr., Chairman, Messrs. Hopper, LaBrecque, Feeherry, and Hacker. Notices of the hearing were sent to abutters and others and a notice of the hearing was published on the Salem Evening News on March 5, 1980 and March 12, 1980. The Petitioners have requested a variance for the property at 47 Summer Street to permit the construction of a 17 foot by 20 foot family room. A variance is required because the proposed construction will encroach upon rear yard set back requirements. The Board of Appeals, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The petitioners have made substantial improvements in this property since purchasing it 3 years ago. 2. The proposed construction will replace and extend an existing room which itself encroached upon rear yard set back requirements. 3. The proposed construction is not opposed by any neighbors. On the. basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows: (1) The proposed construction represents a minimal extension of a pre- existing non conforming structure. The proposed work would therefore be allowed under Mass. General Laws, Chapter 40A Sec. 6. The pre- existing structure makes the property unique. (2) The conditions described above especially affect the land in question . but do not generally affect the zoning district :in which the land , is located. (3) The conditions described above which affect the land in question, but not the zoning district generally cause the following special hardship: unless a variance is granted, the pre-existing structure cannot be repaired and reconstructed. (4) The desired variance may be granted without substantial detriment to the public good. 1, REL Ci:IVi_J y Tifu of "inlem, 2 56 MID C17Y jMOE PIIMrb of Appeal SALEM. MASS. BCW\4 M" PAGE TWO - DECISION RICHARD & MARGARET.MARCHANT - 47 SUNIviIER STREET Therefore, the Board of Zoning Appeals unanimously voted in favor of granting the requested relief. The Board grants a variance to the Petitioners on the following terms and conditions: 1. A variance is granted from density requirements in regard to lot area and from side yard and rear yard requirements. 2. All work must be done in accordance with plan.s on file with the Board of Appeals. Anthony M. Yeeherry Acting Secretary CRP.EAL FROM THIS DECISION, IF ANY. SHALL EE '^ADE PLRSUAiIT TO SECTION 17 CF THE MASS. OF EPAL LAVIS, CHAPTER $C8, AND SHALL Ci HIED Y'ITI HIN 20 DAYS AFTEP. THE DATE OF FILING 'L'P TMIS DECISi..-0 II THE OFFICE OF THE CRY CLERK. PL!eSANT TO MASS. GENE:i!',1. I+i.'J:;. CH.".PiEB SOS, SES1:-N 11. Tlii_ VAR!.ANCE OR SPEC!?.L PE'?'111T BRANTE),HEREIN, SH -LL F.uT '1.11:.V EFTE:,T UI;i:!. A COPT OF Ti.CP;ISI I PEARINS l'H= CERT- PICATiCN••}„ TIi�'_ MY GI EU iLH'f 20 DA-iS H;1i 'd!.PSED ',;"L1 Ni. APHIAL HAS SEEN FLED, !GR THU., i8 SUCH AN APPEAL H.'.S SEEM IT HA:" 6EEi' DISSIiSS--D CR DENIED Is P.ECCRD'E3 13 THE SOUTH ESSEX R__.0 ^.' CF D___S AI'ID I'i',?EX:D UNDER THE NAME OF THE O77HER U AZ,—D to IS F.ECDRDED MID 'du ,D CN T:E OWNER'S CERTIRCATE OF TITLE. BOARD. OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. ca CITY OF SALEM MASSACHUSETTS ASSESSING DEPARTMENT �'• 93 WASHINGTON STREET SALEM, MA 01970 TEL. 978-745-9595 ... ' ....... FAX. 978-744-2069 DIRECTOR FRANK KULIK MAYOR BOARD MEMBERS DONALD T. BATES STANLEY J. USOVICZ,JR. RICHARD W. JAGOLTA, JR. JOSEPH F. MURPHY CERTIFIED MAIL — (Second Notice) September 14, 2004 Ms. Margaret Marchand 47 Summer Street Salem, MA 01970 Dear Ms. Marchand: It has been called to my attention that you are conducting a retail business on your property. I write to inform you that this community taxes residential and commercial/industrial property at two different rates. Please call Chris Wilcock in our Department for an appointment so that he may determine what percentage of your property should be taxed at the commercial rate. Thank you for your cooperation. Sincerely, Frank Kulik Director of Assessing CITY OF SALEM9 MASSACHUSETTS ASSESSING DEPARTMENT `. 93 WASHINGTON STREET SALEM, MA 01970 • TEL. 97a-745-9595 FAX. 978-744-2069 DIRECTOR FRANK KULIK MAYOR - BOARD MEMBERS DONALD T. BATES STANLEY J. USOVICZ, JR. RICHARD W. JAGOLTA, JR. JOSEPH F. MURPHY September 16, 2004 Ms. Margaret Marchand 47 Summer Street Salem, MA 01970 Dear Ms. Marchand: Thank you for getting in touch with Chris Wilcock and addressing the issue of the retail sales activity on your property. Our records have been subsequently amended to reflect this fact. Also be aware, that although the Board of Assessors is statutorily required to record the physical characteristics and the current use of all property located in the City, zoning restrictions or City ordinance may not actually permit that use. I would therefore suggest that you contact Mr. St. Pierre our Building Inspector and Zoning officer for his opinion regarding the subject. Once again, thank you for contacting us. Sincerely, Frank Kulik Director of Assessing Copy to: Building Inspector 0 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 5 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 April 7, 2004 Frank & Peg Camarda 47 Summer Street Salem, Ma. 01970 RE: Zoning Violation Dear Mr. & Mrs. Camarda: It has been brought to the attention of this office that you are running a Bed and Breakfast at the above address. The City of Salem Zoning Ordinance Section 5-3 requires a Zoning Board of Appeal Special Permit in order to run a Guest House. Furthermore, a Guest House or Tourist House can have a maximum of three rooms. Any more rooms require a Rooming House License from the Licensing Board. The information we have shows at least four rooms for rent. You are directed to contact this office immediately upon receipt of this letter to discuss this matter. Failure to reply will result in a complaint being filed in Salem District Court. S1nc rely, Thomas St. Pierre Zoning Enforcement Officer cc: Mayors Office Kate Sullivan Fire Prevention Licensing Board, Harold Blake, Chairman