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City of ,Salem, 9Vlassachusetts
3�o
rY Fire (Department
'�F�?fINfi P�fi
48 Laffayette Street
�Da7nd`hV Cody lire(Prevention(Bureau
Chief Salem, 9Kassachusetts 01970-3695 29 EFortAvenue
978-744-6990 Te1978-744-1235 7e[978-745-7777
dcody@safcm.com (Fa)(978-745-4646 Ta.T 978-74S-9402
VIOLATION NOTICE
5 SUMMIT STREET _ Thursday October 28, 2010
5 Summit Street
Salem, MA 01970
An inspection of your facility on Thursday October 28, 2010 revealed the violations
listed below.
ORDER TO COMPLY: Since these conditions are contrary to law, you must correct
them upon receipt of this notice. An inspection to determine compliance with
this Notice will be conducted on SEE PAGE 4 at / /
If you fail to comply with this notice before the .reinspection date listed, you
may be liable for the penalties provided for by law for such violations.
Violation Code Article Division Page Count
198.26E Residential buildings or structures; smoke detec. 0 0
* INSTALL PHOTOELECTRIC SMOKE DETECTORS AT THE TOP AND BOTTOM OF ALL- STAIRWAYS
AND OUTSIDE OF BEDROOM AREAS
* NSTALL A DUAL (PHOTO/ION) SMOKE DETECTOR IN BASEMENT
* INSTALL PHOTOELECTRIC SMOKE DETECTOR IN COMMON AREA HALLWAY
All one and two family dwellings occupied in whole or in part for residential
purposes and not regulated by section twenty-six A or twenty-six B shall be
equipped with approved smoke detectors. Owners of such buildings or structures
shall install either an approved monitored battery powered smoke detector or an
approved primary power smoke detector on each level of habitation and on the
basement level; provided, however, that the head of the fire department shall
allow the installation of approved monitored battery powered smoke detectors .-
Such
etectors :Such approved smoke detectors shall be installed in the following manner; an
approved smoke detector shall be installed on the ceiling of each stairway
leading to the floor above, near the base of, but not within each stairway and
an approved smoke detector shall be installed outside each separate sleeping
area.
10/28/2010 16:30 Page 1
�nNINYgA
city of Safem, 914assachusetts
'Fire Department
(David'W. Cod 48 Gaffayette Street
Cody Salem, Wassachusetts 01970-3695 Fire 9Tort,4,v Bureau
��1Cf 29 Tort Avenue
978-744-6990 Te1978-744-1235 7e[978-745-7777
dcody@sakm.com Ea.X 978-745-4646 Ta.X 978-745-9402
VIOLATION NOTICE
5 SUMMIT STREET Thursday October 28, 2010
5 Summit Street
Salem, MA 01970
148.26E 1/2 Carbon Monoxide Detectors 0 0
INSTALL CARBON MONOXIDE DETECTORS ON EACH HABITABLE LEVEL AND WITHIN 10 FEET OF
EACH BEDROOM DOOR.
Every dwelling, building or structure, including those owned or operated by the
commonwealth, occupied in whole or in part for residential purposes, that: (1)
contains fossil-fuel burning equipment including, but not limited to, a
furnace, boiler, water heater, fireplace or any other apparatus, appliance or
device that burns fossil fuel; or (2) incorporates enclosed parking within its
structure shall be equipped by the owner with working, approved carbon monoxide
alarms in conformance with the requirements of the board of fire prevention
regulations; provided, however, that such requirements shall include, but not
be limited to, a requirement that a landlord or superintendent shall install
either approved monitored battery-powered alarms or approved electrical wiring
alarms as defined by the board, as are required to make the alarms operational
at the beginning of any rental period by lease or otherwise and shall maintain
and, if necessary, replace batteries or such battery-operated or electric
hardwired carbon monoxide alarms annually thereafter to insure their continued
operability
1.04 .5 Revocation of Permit 1.04 5 0 0
ABANDONED OIL TANK IN BASEMENT TO BE REMOVED ASAP . PERMIT REVOKED BECAUSE OF
NON-USE.
Revocation of• Permit. The head of the fire department may revoke a permit or
approval issued under the provisions of 527 CMR if upon inspection any
violation of the code exists, or if conditions of a permit have been violated,
or if there has been any false statement or misrepresentation as to material
fact in the application, data or plans on which the permit or approval was
10/28/2010 16: 30 Page 2
City ®.f Salem, Massachusetts
Y {
Fire Department
��!MINYt�
David`W. Cody
48 Gaffayette Street
Fire 2'reuention.Bureau
Crlie f Salem, 9Vassachusetts 01970-3695 29 Torr 4venue
978-744-6990 Te1978-744-1235 IW 978-745-7777
dcody@sakm.com �Fax978-745-9402
�'ax 978-745-4646
VIOLATION NOTICE
5 SUMIT STREET Thursday October. 28, 2010
5 Summit Street
Salem, MA 01970
based.
1.03.8 Dangerous or Unsafe Condition 1.03 8 0 0
* NO COMBUSTIBLE STORAGE WITHIN 5 FEET OF HEATING SYSTEM INCLUDING WATER
HEATERS AND ALSO ELECTRICAL PANELS.
* COMBUSTIBLE STORAGE SHALL BE NEAT AND ORDERLY TO REDUCE THE RISK OF FIRE.
Duties of the Head of the Fire Department. Whenever the maintenance,
operation, or use of any land, building, structure, material or other object,
or any part thereof, including vehicles used in the transport of hazardous
materials constitutes a fire or explosion hazard which is dangerous or unsafe,
or a menace to the public safety (including, but not limited to, fires,
explosions, hazardous material incidents, motor vehicle accidents, structural
collapses, mass casualty incidents and emergency extrication incidents) and the
action to be taken to eliminate such dangerous or unsafe condition or
conditions which create, or tend to create, the same is not specifically
provided for in 527 CMR, and unless otherwise prohibited by law, ordinance, by
law, .regulation, the head of the fire department is hereby authorized and
empowered to ,take such action as may be necessary to abate such dangerous or
unsafe condition or conditions (directing employees of other city or town
departments and agencies) and including the evacuation of buildings and/or the
transport or hazardous materials, - the speed, routes, amounts, and hours of
transport through the city, town or district shall also be regulated.
10/28/201.0 16:30 Page 3
�owur��
° . City ® oSa em
9Massachusetts
'� «•a Y Fire Department
9F�!•'flNF 1p'.�''
(D°'vid`W. Cody
48 Gaffayette Street
Tire(Prevention Bureau
Chief Salem, Massachusetts 01970-3695 29 TomsVenue
978-744-6990 Te(978-744-1235 7ef978-745-7777
dcody@safem.com Ta.)(978-745-4646 EFax 978-745-9402
VIOLATION NOTICE
X
Holloran, Jr. , Charles R William Young
Inspector Occupant/Owner
Violations for smoke detectors/carcon monoxide detectors/combustible storage
Re-Inspection November 4, 2010
Violation for oil tank
Re-Inspection December 1 , 2010
CC: Building Inspector
Board of Health
Electrical Inspector
File
10/28/20.1.0 ].6:30 Page 4
�oN�TgQ,s. CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
IOII MA
120 ,SHINGIONS1IF11. i_A1MASSACHUSBITS01970
1n.ia:978 619-5685 I ,e:9 71F1 LfV4
Kinu3i:110 Y DRISCON, CITY CLERK.SALEM,MASS
MAYOR
May 30, 2012
Decision
City of Salem Zoning Board of Appeals
Petition of GEORGE F. FALLON requesting Variances from minimum lot area, frontage, lot
width, and front and side setbacks, in order to subdivide the property located at 5 SUMMIT
STREET, Salem, MA(R-1 Zoning District), and to construct a single-family house on one of the
newly created lots.
A public hearing on the above Petition was opened on May 16, 2012 pursuant to Mass General
Law Ch. 40A, § 11. The hearing was closed on May 16, 2012 with the following Zoning Board of
Appeals members present: Rebecca Curran (Chair), Richard Dionne, Annie Harris, Jamie
Metsch, and Jimmy Tsitsinos.
Petitioner seeks Variances pursuant to Section 4.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped April 25, 2012, petitioner requested Variances from
minimum lot area, frontage, lot width, and front and side setbacks, in order to subdivide
the property located at 5 Summit Street, and to construct a single-family house on one
of the newly created lots.
2. Attorney Scott Grover represented the petitioner at the hearing.
3. At the hearing, several residents expressed concerns about the existence of a paper
street called Summit Court, irregular water pressure in the neighborhood,traffic, and
parking.
4. At the hearing, one resident spoke in support of the project.
1
L•
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. Special conditions and circumstances exist affecting the parcel or building, which do not
generally affect other land or buildings in the same district, since the parcel is larger
than is typical for the district, irregularly shaped and burdened with encroachments and
easements;
2. Owing to the special conditions noted above, literal enforcement of the provisions of
this ordinance would involve substantial hardship, financial or otherwise, to the
appellant;
3. 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 zoning
ordinance, since the project will clean up a derelict property, sufficient off-street parking
is provided, and encroachment will be corrected by conveying small portions of
property to abutters.
4. In permitting such change, the Board of Appeals requires certain appropriate conditions
and safeguards as noted below.
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
voted five (5) in favor (Curran, Dionne, Metsch, Harris, and Tsitsinos) and none (0) opposed, to
grant the requested Variances. Variances under Section 4.1 are granted to allow for the
proposed subdivision and redevelopment of the property as shown on the submitted plans
titled "Plan to Accompany Petition to the Board of Appeals, located in Salem, Mass., 5 Summit
Street," prepared by Eastern Land Survey Associates, Inc., dated April 17, 2012.
The Board of Appeals voted to grant petitioner's request for Variances subject to the following
terms, conditions, and safeguards:
1. 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.
2
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
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 or Commission having
jurisdiction including, but not limited to, the Planning Board.
9. Unless this Decision 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 (50%) of its floor area at the time of destruction, it
shall not be reconstructed except in conformity with the provisions of the
Ordinance.
10. Renovation of the older home is to commence prior to construction of the new
home, barring any legal barriers relating to the current occupants.
11. Approval is conditional upon review by the City's legal department of the
applicant's documentation showing Summit Court's status as a private way.
Lj ,..x .4,, /,0atix
Rebecca Curran, Chair
Salem 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.
3
FIC�
Building Permit No.: 130-13
30-1yCommonwealth of Massachusetts
Cit of Salem
Building Electrical Mechanical Permits
This is to Certify that the RESIDENDE located at
Dwelling Type
5 SUMMIT STRFET n the CITY OF SALEM
r - - -
. -_. .- ---
Adore
--
. ._..-..-- ------- Town/City Name I,
Adtlress
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
5 REAR SUMMIT STREET
I
This permit is granted in co,nfomiity with the Statutes and ordinances relating thereto,and
expires ---_ _ unless sooner suspended or revoked.
Expiration Date
Issued On:Thu Oct 25, 2012
GeoTMS®2012 Des Couriers Municipal Solutions,Inc. -- ' -"'--
_-i
Certificate No: 130-13 Building Permit No.: 130-13
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
I
This is to Certify that the RESIDENCE located at
Dwelling Type i
5 SUMMIT STREETin the CITY OF SALEM
Address ity Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
i
5 SUMMIT STREET
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires _---__- ...—...—_.—_----__- unless sooner suspended or revoked.
Expiration Date
Issued On: Thu Oct 25, 2012 ----
GeoTMS®2012 Des Laur,ers Municipal Solutions,Inc. -'-- --"-
5 SUMMIT STREET 130-13
GIS#: z3ss a' ` COMMONWEALTH OF MASSACHUSETTS
Map: 15 I
Block: CITY OF SALEM
Lot: 0162
Category REPAIR/REPLACE
Pernit# 13 0-13 , 0; t BUILDING PERMIT
Project# a #;, JS-2013-000713:,
Est.Cost: ' $3,000.0010 14-";
Fee Charged:' , $25.00
Balance Due:' PERMISSIONIS HEREBY GRANTED TO:
Const. Class::,; ,r �u Contractor: License: Expires:
Use Group: George Belleau CONSTRUCTIO SUPERVISOR-23022
Lot Size(sq. ft.) 23500.1$44
George Fallon
Zoning: Rl Owner:
g
Units Gained:,-�j Applicant: George Belleau
Units Lost: �x ,, AT. 5 SUMMIT STREET
Dig Safe#:'U'.
ISSUED ON. 15-Aug-2012 AMENDED ON. EXPIRES ON: 15-Jan-2013
TO PERFORM THE FOLLOWING WORK:
TAKE DOWN SMALL GARAGE AND REPLACE(3)ROTTED WINDOWS jbh
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: Rough: Rough: Foundation:
Final: Final: Final: Rough Frame:
Fireplace/Chimney:
D.P.W. Fire Health
Insulation:
Meter: Oil:
Final:
House# Smoke:
Treasury:
Water: Alarm: Assessor
Sewer: Sprinklers: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS
;'RULES AND REGULATIONS.
it
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2013-000759 15-Aug-12 556 $25.00
GcoTMS®2012 Des Lauriers Municipal Solutions,Inc.