90 SUMMER STREET - BUILDING INSPECTION SMEAD
No U463
UPC 10230
smead.com • Made In USA
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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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KIMBERLEY DRISCOLL
MAYOR
IL[ Tr
CIIYC! "„ � •
March 13, 2008
Decision
City of Salem Zoning Board of Appeals
Petition of John Donahue requesting Variances to allow for a building
located at 60 Federal Street to be moved to 90 Summer Street IR-21.
Variances are being requesting from minimum lot area, minimum lot
area per dwelling unit, minimum lot width, maximum lot coverage,
depth of front yard, depth of side yard, and parking requirements.
A public hearing on the above Petition was opened on March 12, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on March 12, 2008 with the
following Zoning Board members present: Robin Stein, Rebecca Curran, Elizabeth
Debski, Richard Dionne, and Annie Harris.
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Tabled: Residential Density Regulations, and Sec. 7-3. Off-street parking;
uncovered, not included in structure.
Statements of fact:
1. The petitioner, John Donahue, owns 90 Summer Street, a property located in the
Residential Two Family (R2) Zoning District.
2. Plans accompany the Petition include the plot plan prepared by Eastern Land
Survey, entitled "Plot Plan of Land Located in Salem, Mass."
3. The property is 7,889 square feet and,the existing structures on the site include a
garage and a two family residential structure.
4. The petitioner proposes to move the building located at 60 Federal Street to 90
Summer Street (the Downing Street side of the lot). The building at 60 Federal
Street, also known as the Lydia Cook House was constructed in approximately
1818 for David Crowell. It is one of three buildings scheduled to he demolished
or moved to make way for the new Michael .1. Ruane Judicial Center. The
building is listed as contributing building to the Courthouse Ilistoric District.
5. Ta divide the tat into two tuts, the petitioner has tiled a Waiver of Frontage
request with file Planning Board, and is seeking endorsement of an Approval Not
Required Plan.
i
6. the parcel had historically been used as two separate lots, and a residence existed
at 9 Downing Street until the Salem lire of 1914.
7. The proposed lot area for the new Downing Street lot and the lot remaining lot at
90 Summer Street are similar to what exists in the neighborhood. The proposed
lot x\idth and setbacks for the new Downing Street lot are also consistent with the
neighborhood. Lot coverage for both lots will be less than the average lot
coverage in the neighborhood.
S. There is adequate room for a one car driveway on the proposed Downing Street
lot.
9. Six (6) residents spoke in favor of the petition including members of the Federal
Street Neighborhood Association, the Salem Historic Commission, and Historic
Salem Incorporated.
10. Letters of support were submitted by Mary Whitney (356 Essex Street),
Massachusetts State Representative John Keenan, Meg Twohey and Betsy Bums
(Federal Street Neighborhood Association), and Emily Udy (Historic Salem
Incorporated).
11. A petition in support of the application was submitted by John Donahue and
signed by five (5) residents of Summer Street and Prescott Street.
12. Robert Femino (a resident of Endicott Street represented his father who owns
120-124 Margin Street), Stephen Robinson (1-5 Downing Street), Ruth Wall (13
Crombie Street), and Joseph Zavalia (15 Prescott Street) spoke against the "
application.
13. A petition opposing the application was submitted by Robert Femino. The
petition was signed by twenty three (23) residents and property owners of
properties on Prescott Street, Margin Street, Endicott Street, Downing Street, and
Sumner Street.
14. A two family home constructed at 27-29 Endicott Street in 2006 improved the
character of the neighborhood.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The size and depth of the lot at 90 Summer Street, is not generally found in this
neighborhood and zoning district. Moving the residence at 60 Federal Street to 90
Summer Street and creating two lots is not inconsistent with the existing density
of the neighborhood and district.
T
3
2. fhc house to be moved to the new Downing Street lot is a small single family
home and will remain a single family home. It represents a much less intense use
than many of the existing homes in the neighborhood.
3. A literal enforcement of the provisions of the City of Salem Zoning Ordinance
would prevent the lot at 90 Summer Street from being developed in a manner
consistent with the neighborhood resulting in substantial hardship, financial or
otherwise to the petitioner. Additionally, the literal enforcement of the provisions
would result in unnecessary hardship to the community, which has recognized
historic buildings as one of Salem's key resources.
4. The variances requested are not contrary to the public interest and, owing to
special conditions desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent
or purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. To create a greater separation between the house to be moved to the new
Downing Street lot and the structure located at 120-124 Margin Street and if
permitted by the Building Code, the house to be relocated shall be placed on
the new Downing Street lot such as to permit a driveway on the south side of
said lot, so long as such placement will allow for at least a two foot side yard
setback on the southerly lot line. If so located, the front yard setback may be
of 0 feet, which setback is consistent with existing homes. If it is not possible
to so locate the house, then the house shall be located as per the plan and
application submitted.
2. To enable the building at 60 Federal Street to be moved to 90 Summer Street,
the petitioner may vary the terms of the Salem Zoning Ordinance noted with
an asterisk (*) in the following charts:
Table I: Density Regulations 90 Summer Proposed
Required (R-2) Street Lot Downing
(after being Street Lot
_ divided
Min. lofarea_(sq ft 15,000 4,400 ` 3,489 `
Min. lot 7,500 2,200' 3,489'
area/dwelling unit (2 family) (1 family)
(sq ft
Min. lot width ft 100 No Chane Approx 40.7
Max. lot coverage 35% 38% ` 26%
%
Min. depth of front 15 No Change 0 to 3` (see
Yard ft conclusion 1)
Min. width of side 10 No Change 2 to 6 ` (see
and ft conclusion 1
Min. depth of rear 30 29 * 31
and ft
4
Section 7-3 Proposed Downing Street Lot
Parking Requirements R-2 _
1 %: spaces per dwelling unit 1" (one (1) space is provided on site
with a min. of 2 by a driveway not depicted on the
Ian
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions andsafeguards as toted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed, to grant petitioner's
requests for variances subject to the following terms, conditions, and safeguards:
I. Petitioner shall comply with all City and State statues, 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. The historic character, details, and materials of the exterior of the house to be
located on the new Downing Street lot shall be maintained. No vinyl siding or
vinyl-clad windows shall be permitted. The petitioner, his heirs, successors and
assigns shall familiarize himself with the Salem Historic Commission guidelines
prior to undertaking any exterior work and are encouraged to follow such
guidelines.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
S. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board.
9. Unless this Decisions expressly provides otherwise, any zoning relief granted
does not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50'%) of its floor area or more than fifty percent (50%) of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50"4) of its replacement cost or more than fifty percent
S
(50`") of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance,
Z'ff- t000 14AR 13 p 4:
_
Robin Stein, Chair
Salem Zoning Board of Appeals
A C OJIY OF I HIS DECISION HAS BEEN Fit_FD WI I I I HIf:ITANNINt i BOARD ANI} I I IE t'I I t'I.FKK
Appeal trom'this decision, if any, shall be made pursuant to Section 17 of the Massachusetts Gencral Laws
Chapter JOA, and shall be filed within 20 days of filing of this decision in the office of the City Clerk_
Pursuant to the Massachusetts General Laws Chapter JOA, Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss LAND COURT DEPARTMENI08 N!111 31 n 12. 3r
NO. 376003
FRANK FEMINO,
Plaintiff
v NOTICE OF APPEAL.
ROBIN STEIN, REBECCA CURRAN,
ELIZABETH DEBSKI, RICHARD DIONNE RECEIVE®
AND ANNIE HARRIS, as they are members
of the City of Salem Board of Appeals, and APR 0 1 2003
JOHN DONAHUE,
Defendants DEPT.OF PLANNING&
COMMUNITY DEVELOPMENT
TO: City Clerk's Office
City of Salem
93 Washington Street
Salem, MA 01970
In accordance with M.G.L. c. 40A, §§ 10 and 17, please be advised that the above-
captioned action has been filed on March 27, 2008 in the Land Court Department, appealing a
decision of the Board of Appeals of the City of Salem, in which the Board voted to grant the
defendant Donahue's application for variances from the City of Salem Zoning Ordinances.
A copy of said Complaint is enclosed.
Respectfully submitted,
Frank Femino
JPODDARD.,
is attorney,
. Scuteri (BBO# 449700)
SCUTERI & DELANEY
27 Congress Street
Salem, MA 01970
Dated: March 31, 2008 (978) 745-6200
4. The defendants: Robin Stein, 141 Fort Avenue, Salem, MA; Rebecca
Curran, 14 Clifton Avenue, Salem, MA; Elizabeth Debski, 43 Calumet Street, Salem,
MA; Richard Dionne, 23 Gardner Street, Salem, MA; and Annie Harris, 28 Chestnut
Street, Salem, MA, sitting and acting as the permit granting authority pursuant to M.G.L.
c. 40A, authorized to hear and determine petitions regarding the granting of variances
(hereinafter 'Board").
5. The defendant, John Donahue, is the owner of the real estate located at 90
Summer Street, Salem, Essex County, Massachusetts.
GENERAL ALLEGATIONS
6. On or about March 12, 2008 a hearing on a petition to vary the City of
Salem zoning ordinances was duly held.
7. After said public hearing and on or about March 13, 2008, said petition for
variance was granted.
8. The grant included a variance from the following sections of the City of
Salem's zoning ordinances:
Table 1: Residential Density Regulations, and Sec. 7-3.
Off-Street Parking; uncovered, not included in structure.
9. Said decision was filed with the Salem City Clerk on March 13, 2008. A
certified copy of said decision is attached hereto.
10. At the aforementioned public hearing, the plaintiff's representative spoke
against the application.
11. The Board's decision to grant these variances is arbitrary, capricious and
an abuse of the Board's discretion, and therefore, exceeds the authority of the Board.
2
12. The defendant, John Donahue's, lot currently contains one house on a lot
that fails to meet any of the requirements for a valid house lot under the current zoning
ordinances. The lot is: undersized, does not have sufficient frontage and does not have
sufficient setbacks, yet still the Board has granted a variance allowing this undersized lot
to be further sub-divided to allow the addition of a second house. The newly created lot
is severely undersized and again does not meet any of the setback requirements.
13. The Board failed to make any findings that this lot is entitled to the grant
of a variance pursuant to c. 40A, § 10.
14. There exists no facts to support any finding for a grant of a variance under
Massachusetts law.
WHEREFORE, the plaintiff respectfully demands this Honorable Court:
I. Rule that the Board's decision is arbitrary, capricious and an abuse of
discretion;
2. Enter an order annulling said decision of the Board; and
3. Grant any other such relief that this Honorable Court deems meet and just.
Respectfully submitted,
Frank Femino
his attorney,
Jt f rey T. Scuteri (BBO# 449700)
(IODDARD, SCUTERI & DELANEY
27 Congress Street
Salem, MA 01970
Dated: March 27, 2008 (978)745-6200
3
o ��2 CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
tr TELEPHONE: 978-745-9595
FAX: 978-740-9846 1$$$ MSA 13 P 4 54
KIMBERLEY DRISCOLL
MAYOR r'ILE r,
C17S.; M. �`t. S;i.
March 13, 2008 f.E
Decision
City of Salem Zoning Board of Appeals
Petition of John Donahue requesting Variances to allow for a building
located at 60 Federal Street to be moved to 90 Summer Street fR-21,
Variances are being requesting from minimum lot area, minimum lot
area per dwelling unit, minimum lot width, maximum lot coverage,
depth of front yard, depth of side yard, and parking requirements.
A public hearing on the above Petition was opened on March 12, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11. The public hearing was closed on March 12, 2008 with the
following Zoning Board members present: Robin Stein, Rebecca Curran, Elizabeth
Debski, Richard Dionne, and Annie Harris.
Petitioner seeks variances pursuant to the following sections of the Salem Zoning
Ordinance: Table I: Residential Density Regulations, and Sec. 7-3. Off-street parking;
uncovered, not included in structure.
Statements of fact:
I. The petitioner, John Donahue, owns 90 Summer Street, a property located in the
Residential Two Family(R2)Zoning District.
2. Pians accompany the Petition include the plot plan prepared by Eastern Land
Survey, entitled"Plot Plan of Land Located in Salem, Mass."
3. The property is 7,889 square feet and the existing structures on the site include a
garage and a two family residential structure.
4. The petitioner proposes to move the building located at 60 Federal Street to 90
Summer Street(the Downing Street side of the lot). The building at 60 Federal
Street, also known as the Lydia Cook House was constructed in approximately
1818 for David Crowell. It is one of three buildings scheduled to be demolished
or moved to make way for the new Michael J. Ruane Judicial Center. The
building is listed as contributing building to the Courthouse Historic District.
5. To divide the lot into two lots, the petitioner has filed a Waiver of Frontage
request with the Planning Board, and is seeking endorsement of an Approval Not
Required Plan.
2
6. The parcel had historically been used as two separate lots, and a residence existed
at 9 Downing Street until the Salem fire of 1914.
7. The proposed lot area for the new Downing Street lot and the lot remaining lot at
90 Summer Street are similar to what exists in the neighborhood. The proposed
lot width and setbacks for the new Downing Street lot are also consistent with the
neighborhood. Lot coverage for both lots will be less than the average lot
coverage in the neighborhood.
8. There is adequate room for a one car driveway on the proposed Downing Street
lot.
9. Six (6) residents spoke in favor of the petition including members of the Federal
Street Neighborhood Association, the Salem Historic Commission, and Historic
Salem Incorporated,
10. Letters of support were submitted by Mary Whitney(356 Essex Street),
Massachusetts State Representative John Keenan, Meg Twohey and Betsy Bums
(Federal Street Neighborhood Association), and Emily Udy(Historic Salem
Incorporated).
11. A petition in support of the application was submitted by John Donahue and
signed by five (5) residents of Summer Street and Prescott Street.
12. Robert Femino (a resident of Endicott Street represented his father who owns
120-124 Margin Street), Stephen Robinson (1-5 Downing Street), Ruth Wall (13
Crombie Street), and Joseph Zavalia(15 Prescott Street) spoke against the
application.
13. A petition opposing the application was submitted by Robert Femino. The
petition was signed by twenty three (23) residents and property owners of
properties on Prescott Street, Margin Street, Endicott Street, Downing Street, and
Summer Street.
14. A two family home constructed at 27-29-Endicott Street in 2006 improved the
character of the neighborhood.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The size and depth of the lot at 90 Summer Street, is not generally found in this
neighborhood and zoning district. Moving the residence at 60 Federal Street to 90
Summer Street and creating two lots is not inconsistent with the existing density
of the neighborhood and district.
3
2. The house to be moved to the new Downing Street lot is a small single family
home and will remain a single family home. It represents a much less intense use
than many of the existing homes in the neighborhood.
3. A Iiteral enforcement of the provisions of the City of Salem Zoning Ordinance
would prevent the lot at 90 Summer Street from being developed in a manner
consistent with the neighborhood resulting in substantial hardship, financial or
otherwise to the petitioner. Additionally, the literal enforcement of the provisions
would result in unnecessary hardship to the community, which has recognized
historic buildings as one of Salem's key resources.
4. The variances requested are not contrary to the public interest and, owing to
special conditions desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from the intent
or purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. To create a greater separation between the house to be moved to the new
Downing Street lot and the structure located at 120-124 Margin Street and if
permitted by the Building Code, the house to be relocated shall be placed on
the new Downing Street tot such as to permit a driveway on the south side of
said lot, so long as such placement will allow for at least a two foot side yard
setback on the southerly lot line. If so Iocated, the front yard setback may be
of 0 feet,which setback is consistent with existing homes. If it is not possible
to so locate the house, then the house shall be located as per the plan and
application submitted.
2. To enable the building at 60 Federal Street to be moved to 90 Summer Street,
the petitioner may vary the terms of the Salem Zoning Ordinance noted with
an asterisk(s`) in the following charts:
Table l: Density Regulations 90 Summer Proposed
Required (R•2) Street Lot Downing
(after being Street Lot
divided
Min. lot area (sg Ti-) 15,000 4,400 ' 3,489 '
Min. lot 7,500 2,200' 3,489"
arealdwelling unit (2 family) (1 family)
(sq ft
Min, lot width ft 100 No Chane Approx 40.7
Max. lot coverage 35% 38% * 26%
°Jo
Min, depth of front 15 No Change 0 to 3' (see
and ft conclusion 1
Min, width of side 10 No Change 2 to 6` (see
and ft conclusion 1
Min, depth of rear 30 29' 31
and ft
4
Section 7-3 Proposed Downing Street Lot
Parking Requirements R-2
1 Y2 spaces per dwelling unit 1* (one (1) space is provided on site
with a min. of 2 by a driveway not depicted on the
ian
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Dionne, Stein, Curran, Harris, and Debski)and none(0) opposed, to grant petitioner's
requests for variances subject to the following terms, conditions, and safeguards:
I_ Petitioner shall comply with all City and State statues, 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. The historic character, details, and materials of the exterior of the house to be
located on the new Downing Street lot shall be maintained. No vinyl siding or
vinyl-clad windows shall be permitted. The petitioner, his heirs, successors and
assigns shall familiarize himself with the Salem Historic Commission guidelines
prior to undertaking any exterior work and are encouraged to follow such
guidelines.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
8. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board.
9. Unless this Decisions expressly provides otherwise, any zoning relief granted
does not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty percent
(50%) of its floor area or more than fifty percent(50%)of its replacement cost at
the time of destruction. If the structure is demolished by any means to an extent
of more than fifty percent (50%)of its replacement cost or more than fifty percent
5
(50%) of its floor area at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of the Ordinance.
2008 MAR 13 P 4* S9
ZI!2:<�'�-/.%- _
i:ltt
Robin Stein, Chair CITY U.ERK, SALEM, MASS.
Salem Zoning 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, shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
A MUE OPY ATTEST
' � .P
Oats of Permit Bo,of Permit Owner Architect Builder 1
Clessl —Is. Ward Location Work Started Work Completed ,p
Materiel go.of Stories No.of Tenements Momentous in Peat from Lot Linen Sections of Cade to Apply Additions Repairs
4 2
"eight Dismal"
T�-v!
Cate of lespatloc Seoll"of Code Ymiated Remedied
Paul R Lessard, Architect
18 Leavitt St. Unit 2, Salem, Ma 01970
(978) 210-1960 paul@paularchitect.com
www.paularchitect.com
May 22, 2015
Mr. James R.Johnson
234 Washington St.
Marblehead, MA 01945 _-
Code Review of 9;fjtn& residential building located at 90 Summer St. Salem,Mass.:
Construction Type 5-b wood construction building. 3 Story building. Top 2 floors are 1 unit.
Letter from previous owner indicates that building was changed from a 3-family to a 2-family
unitprior to taking posession of the property in 1996. 3rd floor appears clearly to have been
one unit unto itself when the building was built.
New hard-wired fire detection system installed with smoke detectors and carbon-monoxide
detectors appropriately located througout building.
Windows in in the three (3) third floor bedrooms do not conform to emergency egress standards
by being less than 24" clear opening height. Existing, non-conforming condition.
1 hr fire rated partition needs to be built in public hallway on 2nd floor landing so that two(2)
rooms can be sleeping areas without persons egressing through them from other rooms. Wall
and 32"clear 1 hr egress door will also provide that all rooms of that floor are within the apart-
ment unit and have access to two (2)means of egress. Move smoke detector so that it is in
hallway after wall is built.
Surface mounted slide bolts shall be removed from any.sleeping area egress door or apartment
egress door.
Rear exterior stairs have non-conforming risers and treads. AAA
Existing non-conforming condition. Though not preventing
the issuing of a Certificate of Occupancy it is recommended
that a Code Compliant 3'wide landing and stair be built at
this rear egress.
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
' 120 WASHINGTON STREET,3A FLOOR
TEL. (978)745-9595
FAX(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR TY-IOMAs STPIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING 00N%ffSSI0NER
Required Inspection
90 Summer Street
May 18, 2015
James Ryan Johnson
413 Beacon Street,Apt. IB
Boston, Massachusetts 02215
Our office received a complaint regarding your property located at 90 Summer Street,alleging various
building code and City ordinance violations. The most egregious of these violations is the possible
operation of a rooming house in a Residential District. (See Regulations below)
Rooming House Regulations (from Salem Zoning Ordinance)
1. Rooming Houses are not allowed anywhere in the City except in BI
and B2 Zones.(refer to Zoning Map far which zone your building is in)
Seepage 6 ofLoning Code attached
2. Two-family or Multi family dwelling units are defined on page 83 of
the zoning code. A landlord cannot rent a dwelling unit to more than 3
unrelated people or to any number ofpeople not "living together as a
single non-profit housekeeping unit"
Additionally it has been alleged that you have built bathroom and other rooms out
without proper permitting through our Department, and allegedly have a non-
functioning fire alarm system.
Per Mass State Building Code 780 C.M.R. Section R 104.1 and under the provisions of 780 CMR,
Section 104.6—Right of Entry, of the State Building Code,access to this property must be granted for
the purposes of this inspection. If this property has rental units,these tenants must be notified in
advance of this inspection, so that access to these spaces may also be accomplished.
This inspection is scheduled for Thursday, May 21 at 10:00 a.m.
CITY OF SALEM, MASSAC HUSETTS
' BUILDING DEPARTMENT
120 WASHINGTON STREET,3R FLOOR
9� TFL. (978) 745-9595
FAX(978)740-9846
KIMBERLEY DRISCOLL
MAYOR TTIOMAS STTIERRE
DIRECTOR OF PUBUCPROPERTY/BUILDING COMMISSIONER
You are hereby directed to provide a signed and notarized affidavit stating the
individuals and their relationships that will be residing in the 1 s`Floor Unit and a
separate list for the second unit(believed to be a combined 2d and 3`d floor
apartment unit at the time of inspection.)
You are hereby directed to contact this office immediately upon of receipt of this letter to discuss this matter.
Failure to respond to this notification will be construed as non-compliance, and as such an Administrative
Search Warrant will be sought,so as to allow the lawful inspection of this property.
If you feel you are aggrieved by this order,your appeal is to the Board of Buildings, Regulations and
Standards in Boston.
Respectfully,
Michael E. Lutrzykowski
Assistant Building Inspector
cc: file,
i
U.S.POSTAGE>>PITNEY eoWES
CITY OF SALEM 4A 13?1. 'rdgm,
BUILDING INSPECTOR l MAY'31 �120 Washington Street 3rdfloor 'I �'ri 2. 1. ZIP 01970 $ 000.480
�w Salem,MA 01970 02
. 0001313
92928 MAY. 18. 2015.
James Ryan Johnson
413 Beacon Street Apt 1 B
Boston, Mz-�si,;h,mPrfc n991.5
015 1v'vS
RETURN TO SENDER
ATTEMPTED — NOT KNOWN j
U ffA01_C I0 fUR I"AIIY I
. ,..�.` SC: 01970352303 * 14Z1- 025 7 6-18-45
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CITY OF SALEM, MASSAC USEM
° t ! BUILDING DEPARTMENT
120 WASHINGTON STREET,3" FLOOR
"gay; TEL. (978)745-9595
FAX(978)740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS STYIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING O(?MMISSIONER
Required Inspection
90 Summer Street
May 18,2015
James Ryan Johnson
413 Beacon Street,Apt. 1B
Boston, Massachusetts 02215
Our office received a complaint regarding your property located at 90 Summer Street,alleging various
building code and City ordinance violations. The most egregious of these violations is the possible
operation of a rooming house in a Residential District. (See Regulations below)
Rooming House Regulations(from Salem Zoning Ordinance)
I. Rooming Houses are not allowed anywhere in the City except in BI
and B2 Zones.(refer to Zoning Map for which zone your building is in)
Seepage 6 of Zoning Code attached
2. Two-family or Multi family dwelling units are defined on page 83 of
the zoning code. A landlord cannot rent a dwelling unit to more than 3
unrelated people or to any number,ofpeople not "living together as a
single non-profit housekeeping unit"
Additionally it has been alleged that you have built bathroom and other rooms out
without proper permitting through our Department, and allegedly have a non-
functioning fire alarm system.
Per Mass State Building Code 780 C.M.R. Section R 104.1 and under the provisions of 780 CMR,
Section 104.6—Right of Entry, of the State Building Code,access to this property must be granted for
the purposes of this inspection. If this property has rental units,these tenants must be notified in
advance of this inspection, so that access to these spaces may also be accomplished.
This inspection is scheduled for Thursday, May 21 at 10:00 a.m.
CITY OF SALEM, MASSACHL)SETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3m FLOOR
Kirin v�' 'ISL. (978) 745-9595
FAX(978)740-9846
KIMBERLEY DRISCOLL +�
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIGPROPERTY/BUILDING COMMISSIONER
You are hereby directed to provide a signed and notarized affidavit stating the
individuals and their relationships that will be residing in the I'`Floor Unit and a
separate list for the second unit(believed to be a combined 2"d and 3rd floor
apartment unit at the time of inspection)
You are hereby directed to contact this office immediately upon of receipt of this letter to discuss this matter.
Failure to respond to this notification will be construed as non-compliance,and as such an Administrative
Search Warrant will be sought, so as to allow the lawful inspection of this property.
If you feel you are aggrieved by this order,your appeal is to the Board of Buildings, Regulations and
Standards in Boston.
Respectfully,
Michael E.Lutrzykowski
Assistant Building Inspector
cc: file,
..
SENDER: C, OMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. - ❑Agent
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so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
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• Sender: Please print your name, address, and ZIP+4®in this box*
City Of Salem
Building Department
120 Washington Street
Salem, MA 01970
! ' E5L5 6562 2000``t9`t`3.hr_ � �e ' '• U.S.POSTAGE>>PITNEY BOWES
., CITY OF SALEM `G'Yt`A�
BUILDING INSPECTOR
20 Washington Street 3rdfloor ZIP 01970 006980
Salem,MA 01970 y 02 1N!
. 0001392928MAY. 18 2015
I 1111111111111111111
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c E5zS 6562 T000 050E 2TOz lstNOTICE
M L2nd NCTICE --
James Ryan Johnson RETOxNEDr-----
413 Beacon Street Apt 1 B 1(
Boston, Massa! -- t
015 7E 10:09 06054/_2 6/1.5 .. i.
RETURN TO SENDER 1
ATTEMPTED — NOT KNOWN 9
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SC: 019703SOZZO *2422-00033- 18-4S
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QTY OF SALEM, MASSAC HUSEM
�t ytt BUILDING DEPARTMENT
�?i� w''✓f G�` 120 WASHINGTON STREET,3AD FLOOR
" Y TEL, (978)745-9595
FAX(978)740-9846
KIMBERLEY DRISCOLL
MAYOR. THOMAS ST.PIERRE
DIRECTOR OF PUBLICPROPERTY/BUILDING CON IISSIONER
Required Inspection
90 Summer Street
May 18,2015
James Ryan Johnson
413 Beacon Street,Apt. IB
Boston,Massachusetts 02215
Our office received a complaint regarding your property located at 90 Summer Street,alleging various
building code and City ordinance violations. The most egregious of these violations is the possible
'operation of a rooming house in a Residential District.(See Regulations below)
Rooming House Regulations(from Salem Zoning Ordinance)
1. Rooming Houses are not allowed anywhere in the City except in BI
and B2 Zones.(refer to Zoning illap for which zone your building is in)
Seepage 6 of Zoning Code attached
2. Two-family or Multi family dwelling units are defined on page 83 of
the zoning code. A landlord cannot rent a dwelling unit to more than 3
--unrelated people or to any number of people not "living together as a
single non-profit housekeeping unit"
Additionally it has been alleged that you have built bathroom and other rooms out
without proper permitting through our Department, and allegedly have a non-
functioning fire alarm system.
Per Mass State Building Code 780 C.M.R. Section R 104.1 and under the provisions of 780 CMR,
Section 104,6—Right of Entry, of the State Building Code, access to this property must be granted for
the purposes of this inspection. If this property has rental units,these tenants must be notified in
advance of this inspection, so that access to these spaces may also be accomplished.
This inspection is scheduled for Thursday, May 21 at 10:00 a.m.
CITY OF SALEM, MASSACHUSETrs
BUILDING DEPARTMENT
FLOORrD
I20 WASHINGTON STREET,3
'
TEL. (978) 745-9595
FAX(978)740-9846
KIMBERLEY DRISCOLL
MAYOR. TrIOMAS STTIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
You are hereby directed to provide a signed and notarized affidavit stating the
individuals and their relationships that will be residing in the I"Floor Unit and a
separate list for the second unit(believed to be a combined 2nd and 3d floor
apartment unit at the time of inspection.)
You are hereby directed to contact this office immediately upon of receipt of this letter to discuss this matter.
Failure to respond to this notification will be construed as non-compliance, and as such an Administrative
Search Warrant will be sought,so as to allow the lawful inspection of this property.
If you feel you are aggrieved by this order,your appeal is to the Board of Buildings,Regulations and
Standards in Boston.
Respectfully,
Michael E. Lutrzykowski
Assistant Building Inspector
cc: file,