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16 SUMMIT STREET - BUILDING INSPECTION A t,cunnrl BOA l OF APPEALS ��R(l UIIN4. OF' Co 51 CJI CITY OF SALEM -MASSACHUSETTS nA; r1 KEVIN T.DALY Legal Department C r fLE�NAfaDT ftMiNO�' City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem, Massachusetts 01970 508-921-1990 December 17, 1991 Maurice Martineau, Office of Building Inspector City Of Salem Salem Green Salem, MA 01970 RE: 16 Summit Street, Salem, MA Dear Mr. Martineau: Please be advised that I have examined various documentation relative to the use of the above described premises as a two family dwelling. I have examined a letter from the City Assessors' Office, a letter from Massachusetts Electric, a letter from the previous City Solicitor, and documentation evidencing prior occupants of the premises. Based on my review of this documentation, it is my opinion that this dwelling was a lawful two family residence prior to the adoption of the City Zoning Ordinance in 1965. It is my opinion that this dwelling should be afforded the protection of Section VIII (E) of the aforementioned Ordinance relativeto non- conforming uses and this dwelling's current use as a two family unit is permissible. Thank you for your attention. Very truly yours, �� Kevin T. Daly, City Solicitor KTD/amt pc: William P. Lopriore, Jr. , Esquire coswail7a Citp of *aCem, Aaggacbugettg j3ublic propertp Mepartment j6uilDing department One Npalrm green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer December 16, 1991 Kevin Daly, Esq. City Solicitor City of Salem re: 16 Summit St. (R-1) Dear Mr. Daly: Will you kindly peruse the enclose data to determine the legal use of the above referenced property as a two family dwelling. Said property is located in an R-1 district (Residential One Family) . This is to determine use only and in no way is meant to confirm or deny whether said property is in compliance with all building, fire, electrical, plumbing or gas codes. Sincerely, Maurice M. Martineau Inspector of Buildings MKM:bms HELLER, BORRELIZ & KATZ ATTORNEYS AT LAW 73 TREMONT STREET BOSTON. MASSACHUSETTS 02108 r CES P TELEPHONE (617) 723-5151 TELECOPIER (617)742-6882 CITY FEDERAL EXPRESS December 12, 1991 Mr. Maurice Martineau office of Building Inspector City of Salem Salem Green Salem, MA 01970 RE: 16 Summit Street. Salem, MA Dear Mr. Martineau: I represent WB&T Realty Corp. the current owner of the property at 16 Summit Street, Salem, MA. I am enclosing our check in the amount of $30. 00 payable to the City of Salem, and I am requesting that a Certificate of Occupancy be issued for the property at 16 Summit Street, Salem, MA for the purpose of permitting two-family occupancy at that location. I understand that the property is currently listed on the records of the City of Salem as having occupancy by one family only; however, I am enclosing copies of records and information which indicate that for most of the last sixty years the property has been occupied either as a two-family or three-family dwelling. Only during the period of occupancy of one Kataryne Mentus does the property appear to have been occupied by one family although it was assessed for most of her period of occupancy as a two family dwelling. Enclosed is a copy of each of the following: 1. Letter dated November 22, 1991 from the Salem Assessor's Office indicating that the property was assessed as a two-family residence from 1973 through Fiscal Year 1989 and a three-family residence thereafter; 2 . Letter dated November 6, 1991 from Massachusetts Electric indicating that two electric meters have been located on the property since 1960; 3 . List prepared by Lois Perullo of Carlson Real Estate of information that she obtained from the town census records; 4 . A document that, I am told, is a City Field Card showing the property being built in 1910 and its current assessment for three units; and 5. Letter of Michael E. O'Brien dated June 25, 1987 , then City Solicitor, approving the property for two-family occupancy. It is also my understanding that, you have, in your file on this property, a copy of a letter written by a person who claims to have knowledge that the property had been used as a two-family residence. Please forward the enclosed information as well as the above- referenced letter in your file to Kevin Daley, Esq. , City Solicitor, for review. Please request that he forward a letter to me or that he authorize the issuance of a Certificate of Occupancy, in either case, authorizing the use of 16 Summit Street as a two- family dwelling. We are attempting to meet a closing deadline within the next ten (10) days. The buyers of this property are ready with financing and would like to proceed, and the current owner would like to complete the transaction as quickly as possible. Therefore, would you please expedite our request. We appreciate your assistance. Sincerely n William P. Lopriore, Jr. WPL/cap Enclosure cc: Thomas H. Zocco, Senior Vice President Kevin Daley, Esq. Lois Perullo Athon Vontezalides, Esq. 2_- '91 ? ! CRE =,HL.EI'� F'.5 j CITY OF SALEM MASSACHUSETTS 01970 from The Office Of ASSESSORS NOVEMBER 22, _ 1f91 I TO WHOM IT MAY CONCERN, I I THE PROPERTY AT 16 SUMMIT STREET WAS ASSESSED AS A TWO-FAMILY RESIDENCE FROM 1973 THROUGH FISCAL YEAR 1989. IT HAS BEEN ASSESSED AS A THREE-FAMILY SINCE FISCAL YEAR 1990, ASSESSORS OFFICE CITY HALL SALEM, MA 01970 �4oss_qssP 7eb I PI0`, 22 ";I 12: 1.S =F'.E SRLEiI F'.4. Mcc:oriiuserts Eln trlc Company Massachusetts Electric »0 Mediud $vcat MC!dm,Masw"dnu cNs 02:48-7384 November 6, 1991 Carlson Real Estate 148 Washington Street Salem, MA 01970 Attention: Lois Perullo RE: 16 Summit Street Apt. 1 & Apt. 2 Salem, MA 01970 Dear Ms. Perullo: Our records indicate there have been two meters located at the above referenced address since 1960. We trust this information will be helpful. Sincerely, MASSACHUSETTS/ELECTRIC COMPANY Mrs. P.A. Lothrop / Field Representative L10-457 A Now England E6cmc frystam company f li IV ':�i t PA :=F'E '._4HL'D'! P. /•.. 16 SUMMIT STREET 0ENSUS RECORDS 1935 Kir.rane, Bridgette & Glochen, Jack Kissling, Rosie & Erwin 1940 nirrane, Bridgette Kissling , Rosie & Erwin 1945 Kirrane, Bridgette Kissling, Rosie & Erwin 1950 Obrenski, Helen & Bernard Mentus , Kataryne & Antonio 1953 LeVassuer, Helen & Bernard Mentus , Katarvne & Antonio 1956 Connolly, Edward Mentus, Kataryne & Antonio 1957 Connolly, Edward Ment-.--. , Kataryne & Antonio 1958 Bik, Victoria Mentus, Kataryne & Antonio 1959 - Vacant 1961 Mentus , Kataryne & Antonio 1962 - Mentus , Kataryne only - elderly woman - born 1894 1982 1983 No one in census 1984 Vacant Collins, B. & G. Marquez , Maria 1985 Harrington, P. & T. Collins, B. & G. Marquez , Maria 1986 Faherty, P. & Luisi Collins, B. & G. Marquez , Maria 1987 Same 1988 Moore, Patricia Collins, B. & G. Coircrr, & Gcn< ron 1989 Moore & Small Collins, B. & G. Coburn CODRZR f1E ZNI:. pyo...p....v_ }•P•z/�' "�S Fi' NO`27 '91.0.9:55C,_RE`SALE0 Jr & ASSGCFATCS. rr,C., ���•� 1t�FDRMA'�I4X 7 . 4 ' LEONARD F. Fr?#41kO MICHAEL,t.,OrSR1EN :' 9 ASSISTANT CITYapL1,0IT,6R CITU SOLICITOR �a, �,r` + 93 WASHINGTOWST}IEET 03 WASN1..WOTON STREET and aha In OF'SACEM. ONE sROADwAy a1 WASHINOON STREET . • BEVERLY, 4A;O1415 SALEM,1dA01870 MASSA4;H SETTS. 745.4511 YA6..491 t .021.1900 1 7448583 ' • ;. Piwee Rap.Nio OM BeOatlway P1#610 Roo!y ta91 Waahington Street ,• , June 2$ ' 1987 t i w. ea " SalemFire 'Prevention'Prevention 13ug :u ;. Salem. ize Dapa-rtmanc . H�ad' ar erS ; r Lafajette Street 5alellr 'Massachusett s: 019,7.0 ; ,16 Summit .5tr8ai, Salem ; AttEntion: *:orman LaPointe • Dear Norman-* ; '.Pursuant to our telephone CO_^.verat'on Of yesterday,real aes be 'acviged .trhat X am personally familiar tw�t£amilyAbove Usein' alone . tate add it i, , a legal , ' non-conforming, family zoning @i�triet . V.ezy Uly your '- chael S. O'Hri MEO/JB i I I I -- - ,1 0156 _ PAGE 27 0o9�ov' 11 ACQUISITION R HOLDINC TRUE —0171MO x`48.0 _ _ JF. NI YEaR 1938 010 NAME DICK R�2ERT W TR __ o1TjmQYTaGE L8004 023 4171 ODE 0112 it,, 1175 o,1 a 181 HELLS AVENUE _ ore tAuo7eNo 004 m.5 za7 277 alto 1711 CO3 sT.No. 6770 012�ADo NEWTON MA 02158 0192ONE R1 076 ra F�lPC*. 4/1 _ COT DU. 3 013IMIDA OWAWA N 5 C N U A Y V E _ D I J U D I T u ' oza 6vtTEzaNE _ oxT =6g 1'` COST DATA OTHER APPRAISAL DATA. CA LC.LAND Vat_ 6 7 7$ 1910 029 ATTIC: BUILT-INS: PORCHES (Cool}: STRUCTURE: BEDROC!-"-]ATA: PROPERTY DATA: _ SEDC.Ae3 - - Zea FF' 19530.To':w.nnas OEO HOOD FAN 120 zcoJE 34160 fool 4 200 Boa esrvtt. 2]7 etn.::c�.. --- xE; 0. --- 2161\.LIIO COURT _ 11 P. :VJ 5L'n ____ 2M FL 3 031{1.FlN. Oat COMPACTOR 121 AREA C V 461 FND-2 :Ol BCR iai fl 3 — `- GR - O32 L5. _W2 VAC SYS. _12� QUAIftY 3 i62 aSMT.ENT. 202 BD0.2MiL 3 217 COST IND.USE _ 119 NE f L\Ia0___ 67733 _ YFE 3___2]3 IAOICATOR 0Rs B.SE6CJm 1233CWE 153 PL WALL 1203 BO RE 31 R. 214 %TN4S USE 2]O $uPn11.\9Y Ls COST 1—: EPEE CORD. 2 O"N BASEMENT: ISEC SI& 124 AREA __164 DRYWALL ]L\4 TOL5W -...&L-211q_OWER ELIC :-- 231 BASE Va.lut t� 1 S Cos Ine'. OiIS KG.;,6.b:OD 125 QUALITY 165 PAAL VEK 205 TOPOGfl APHY: (APPRAISERS COM4ENTS ATTIC �ICATDR _ C �>PEA O^..G�OINEA 120 4COOE 166 WK-WAtI 2G6 NOSEWER 221 K ••ti`L'EVT )BSGLESCENCE: is _Gal I<s ---122 AREA 167 R40.1E. 1 207 ROLLING 1 n2 TFiREPLAf T u 011 CIDICATCR Oa8 VANCAT. 126 QUALTY - 168 TILE FL IDS. STEEP ___n3 fIREPIa[Es + CARFETJ. i351POCF LtATL + son - m FIREPLACES: PLUMBING scwE 169 su4FL —_209 k°°L - — 22A 3RIMARY STRUCTURE: HOUSE QP 090 Sq% 17 AREA 190 UNF.R- 210 OCIEANVIEW 225 __ 36I'`FueE :4NST. _1_ Qes IeS.NT OF GOT 3NX 3 131 QUALITY 171 WNE fi 211 OCEANF IC4IT 226 i ' J T y 4 M_aT A/C ;TY. 25.j�0— 046 CHOLRYEYS _.092 IRx - _ 132 t-& : 172 AMA O 8(/ 0WOOD OCO sTOYE • CO3 £%.W G' 133 INDICATOR - 173 _ _. _ _ ., U LT�vsAMA _ ' : 11m9EYG i II MISC. Y o9a 1 7CONST11 oaaqLs —.. C1tS OONST IN Od9 P✓a1CATOR 05 ROUGKIN 135 t{OCE ITS S 7O T.Lt _ — ADO1TlONS 1ROOF: MOOEFNSAT11. __i3auNRs Its RE 16'77A 131 RATE - nx� Y.Y Y f,cc REcw,:GN 33 5 5 e u yU1.10EP :. •' 052(MATL-1 5 a961S: - _ .. Axl LACES. ECGN 085 0DNST3 -;:_-..:.1 ai' N:ATL-2 oataEDTCAMEt 1391 GRADE 178 .. 1TM11 V.V.vHHHHHHHH STV.a 200— 054 TYPE `4 o9e GARAGES: �aEwt 1791 H sc coif OTAL MTA. i 1 _ 1 6 6➢2 065 - _ RES NO 8151PRGV. CON 3 ase FUEL: AREA w:(ExmS lei� .. - H H . 101 RATE --- RASE N H LANG VAL h�7 7 5 R STY. TE T T etiT�TYPE-t -- - j I'. 102 GRADE 142 GRADE - 183 H H ':.14C COST SE3 � cEe�tYPE2 - .-. 103 NDEPR %"M143 T 184 H ?i VET i7.tPR. � 131603 NST.E 059'LS. e x'77 V S r a G6o HEATING-A=C: uocE 144 3-CODE les H Sr H lcF'-, H H t AIAEI(ET LAND anv co:4 061 NEAT CODE 6 105 AREA IAS UTUT5 186 _ _ 1 1 J2?0 �07NST s M2 CEY.AlC 105 RATE RATE TST H H _ 1NIAFAET Ia•Pf. UV.S _ 063 30 LAR CODE 107 GRADE 1461 GRACE 195 H Z Z Z Z Z Z i H j MT.4L CGST•/AWE 17?i=:l f: �r.s C64 SOLAR DATE las :DEPR 1411 N.OEMlav C C C C C z Z z z z z 2 __._.-:4 =REv TA..D 6 7 0 za iE9 134 IDES LS. TC9 KCOE till Y E 190 i PREY.`_•.+FE'.]i� L720-� 29 V A'°G2 41 067 INDICATOR 110 AREA 1.9 LAYTIS 191 {{ '3ATE Sa1EC `IJJ n i 29 E SALE PRICE 250 -•� 39 TORMERS: ANNUAL DATA: aarE RATE 192 c SALE TYPE 29 (VO.FRT. 070 VALVE CW4r 0 111 GRADE 151 GRADE 193 178000 N t/21DEPA. 152 •t,OEP0. 190 SUILDINGDIMENSIONS: SCALE: X-1 : 2L7 Y-1 : 27 COST VAL EAT_ 011 A8 TRITE FILFO O - ppsOE 073 NW%G.NFLO 0 113 t5. ES3LS 195 3 26x34x2'X34 - CORR-VAAMA VAL - 29 I" INDICATOR 15A ND1[ATOR 190 a 4 X 5 X 4 x 5 coRA YAL 94203 29 —:1 610E - 073 BOOR.EHFQ 0 FINAL VALUE xn AEAa o74 DATA STATUS:- PORCHES.: ReSC. - 0 5 X 1 4%5 X 1 4 NREM 02s�. - 116uODE 22 1S6IUNIPS1AN 194 O 3x8x3x3 _ DACE 20) 93 2s Ea 076 a 111 AAEA 5 2 st o. OC st coaE 1 2s x "CAM", OTtic 11s1ouaLRY Z ISR n (NEW OWNER: BOARD OF ASSESSORS 1? 90 WASHINGTON STREET. CITY HALL.SALEM. MASSACHUSETTS 01970 16171 744-0660 �'I•Um'E June 18, 1987 TO WHOM IT MAY CONCERN: Please be advised that the dwelling located at, ll16 Summit Street'' (Assessors' Parcel 1115-0156) has been taxed by this office as a two-family building since 1973. Prior to 1973, no records of dwelling units were kept by this office. t.ru yours, Peter M. Caron Chief Assessor PMC:mjg O ��ci�.�2�-/ii`✓E �.rlilY-�9-T / � c�/M�-f / T cs�/-0U� , �/� 15;� S /�//a-t✓% �F�<.f , 7'-if� i3SS�-SSo� LOQ--/-� C'iv S 7�i`/�-T �iF7".G C�2.�c�y i �®�✓i�/�iJ �iP d'//V'il->7�C-�� i�iY a 7 °f 5 Plans must be filed and approved by the Inspector prior to a permit being granted CITY OF SALEM No. ,(1 ��'_(�L/` Ward HISTORIC DISTRRICT? Y N Date`� 7 IF FOR SIDING, HAS ELECTRIC • Home Phone PERMIT BEEN OBTAINED? Y N �-7 Bus. Phone '% ��ii APPLICATION y FOR PERMIT TO Mr �P I � 1\ U TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: e Owner's name and address nc u Q� SZ���l 1 "c�� �(l�m�` / c�/ . C, Architect's name OcU � / /6 S'y�/ylv9y Builder's name W AX Location of building, No. What is the purpose of building? uJ 7 If dwelling, # of units? 1�Ct> MaterM of bldng? U�L(�� = hW,) Will building conform to law? Asbestos? did Estimated cost �Se o.- City Lic.# State Li�cc.lfr0Q-y ,14t Signature of Applicant^ r/ / / xz1- SIGNED UNDER THE PENALTY�O'F PERJURY DESCRIPTION OF WORE TO BE DONE ZV5 T/// ,00V4 -VC-n Mail Permit to: -hN ✓y C.�� -9y No�s'� 9� Ward APPLICATION FOR PERMIT TO ROOF REROOF OR INSTALL SIDING Location PERMIT GRANTED o 1924 Ap ved Bullding Ins or CITY OF SALEM BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please Print DATE�j�.,_` J /ff JOB LOCATION_ �(`{�(`(� Number Street address Section of Town "HOMEOWNER fir' Ub S\`OCA. (I\44SaSAo Name Home phone Work phone PRESENT MAILING ADDRESS /6 977 WA d/9Ia City/TownState Zip Code The current exemption of "homeowners" was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. (State Building Code Section 109.1 .1 DEFINITION OF HOMEOWNER: Person(s) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is. intended to be, a one to six family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official , on a form acceptable to the Building Official , that he/she shall be responsible for all such work performed under the building permit. Section 109.1 .1 The undersigned "homeowner" assumes responsibility for compliance with the State Building code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the City of Salem Building Department minimum inspection procedures and requirements and that he/she will comply with sai�rocedur�d requir ents. HOMEOWNER'S SIGNATUR E APPROVAL OF BUILDING OFFICIAL NOTE: Three family dwellings 35,000 cubic feet, or largee.1: will be required to comply with State Building Code Section 127.0, Construction Control . HOME OWNER 'S EXEMPTION The Code states that: "Any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109.1 .1 - Licensing of Construction Supervisors) ; provided that is a Home Owner engages a person(s) for hire to do such work, that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for Licensing Construction Supervisors, Section 2.15) . This lack of aware- ness often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case your Board cannot proceed against the unlicensed person as it would with licensed Supervisor. The Home Owner acting as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, many communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. MORTGAGE INSPECTION BAY STATE SURVEYING 234 CABOT ST., BEVERLY, MA. LOCATION /9 /VAA SNOTES: ' . This is a Mortgage Inspection survey and not an SCALE I = GU FT. DATE : -__ /Z�/! _�_�__ instrument survey, therefore this plot plan is for REFERENCE PG'_Z7.............. mortgage inspection purposes only. • This survey is based on survey marks of others. .. . .... .. .. . .. .. ..... .... . .. . .. .... .... • Bushes, shrubs, fences and tree lines do not To -F/�T /EST / � /�I>/1T GO/� necessarily indicate property lines. . 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.D. shown and that they conformed to the zoning setbacks of the •Whenever an offset IS t'± or less, an instrument _ _..._._.. when constructed. survey is recommended to determine prop. lines. .. .._. .. ...... . ......� , s �S 0172 Y ZGTi2 I 1/ 6-5cr� C °dam°r 3 ' fd,ok q1j, ' - `t NAKEPEACE MORTGAGE INSPECTION BAY STATE SURVEYING 234 CABOT ST., BEVERLY, MA. LOCATION ENI . MA S_j, NOTES: S L _ I "' ' •This is a Mortgage Ins Inspection survey and not an <; DAT 7 SCALE : I - � FT. DATE : ___ - /Z / � / ,___ ,_, .,• P Y . . instrument survey, therefore this plot plan is for REFERENCE _ - �, , , 9 ,- - /�6'_Z7 ,•, mortgage inspection purposes only. ...r !. ... ....... •This survey is based on survey marks of others. _ _ ___ _•__ _ _ __ __ _ ___ ____ • Bushes, shrubs, fences and tree lines do not To /j57T necessarily indicate property lines. • 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.D. shown and that they conformed to the zoning setbacks of the • Whenever an offset is 1'± or less, an instrument G/7 �(= <_/4LC survey is recommended to determine prop. lines. __ __ _..... . ... .... . .... .. ... when constructed. Go / a Z oT1 z LU� � try � (v Wr e ll Os±, RO8 E.q7 �� MAKEGEACE