31 SYMONDS STREET - BUILDING JACKET 3 l �`�(M�i�YJs s--t;
190668956
CITY OF SALEM, ,Kcfr
BUILDING DEPARTMENT
120 Washington Street, 3rd Floor, SalejKllvWH9 A II' 011
ABANDONED AND FORCLOSED PROPERTIES REGISTRATION FORM
PROPERTY INFORMATION
Address: 31 SYMONDS STREET LIN3 Parcel ID # 17-0314-803
Square Footage of Building: LINK Number of Stories: 2
Sprinkler System: Yes No
No X(Operational yes/no)
Pipe System: Yes_ No (Operational yes/no)
Fire Detection System: Yes_ No x (Operational yes/no)
OWNER(S) *OF RECORD ('attach additional sheets if necessary)
Owner: DITECH FINANCIAL
Address: 7360 S KYRENE RD STE 101 TEMPE AZ 85283
Tel. No.: 480-333-6059 E-mail: Jacksonville_property_preservation@ditech.com
CONTACT I Preservation Company to Receive Violation Notices
Name: _ Safeguard Properties
Primary Address (No P.O. BOX) _7RR7 RAFEri IARD(igm F VAI I FY viFvv off 44125
Business Tel. #: 800-852-8306 Non-Business Tel. #: NA
E-Mail Address: CODECOMPLIANCE@SAFEGUARDPROPERTIES.COM
Emergency Telephone # - 24hr/day 800-852-8306 EXT 8484
IS THE PROPERTY LISTED FOR SALE? Yes No
If yes, Real Estate Agency NA
Address: NA Tel. No. NA
VACANT BUILDING PLAN: Please check which applies.
1. —The building is to be demolished.
2. _The building is to remain vacant.
3.x—The building is to be returned to appropriate occupancy or use.
Preservation Co. to Receive Violation Notices
SIGNATURE OF
DATE: 6.16.17
REGISTRATION FEE $300 Cash/Money Order/Cert. Bank Check
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Safeguard Properties Management LLC JPMorgan Chase Bank, N.A. 6587285 ,
7887 Safeguard Circle Columbus, OH 56-1544/441 m,
1 Valley View, OH 44125 9
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Order Of "'---BUILDING DEPARTMENT
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PROPERTIES
Return Service Requested
CITY OF SALEM
BUILDING DEPARTMENT
120 WASHINGTON STREET 3RD FLR
SALEM, MA 01970
aCITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR 120 WASHINGTON STREET 1 SALEM,NIASSACHUSETTS 01970
TEL:978-745-9595 ♦ PAX:978-740-9846
June 26, 2008
Melanie N. Gureghian
31 Symonds Street-Unit#6
Salem Ma.01970
Required Inspection
PROPERTY ADDRESS 31 Symonds Street
The above referenced property has come to the attention of this
department for the following reason(s):
A report has been made to this office that renovations have been
undertaken without required permits. (780 CMR sectionlll) For this
reason an inspection must be conducted by our inspection team to assure
compliance with the code and city ordinance.
Under the provisions of 780 CMR, Section 115.6, the State Building
Code, access to this property must be granted for the purposes of this
inspection. Please call this office upon receipt of this letter to schedule this
required 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 must be completed on or before, July 9th 2008;
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 have any further questions regarding this letter, please call this
office at (978) 745- 9595, extension 5640. If you feel you are aggrieved by
this order, your appeal is to the Board of Buildings Regulations and
Standards in Boston.
Sincerely,
Thomas St.Pierre
Building Commissioner/Director of Inspectional Services
Cc Mayors Office and Councilor Prevey
Deval L.Patrick
Governor (/ D�7D0-7D70
GThomas G.Gatzunis,P.E.
Timothy P.Murray Commissioner
Lieutenant Governor Alexander MacLeod,R.A.
Mary Elizabeth Heffernan
/en)xn"DD1r9 Chairman
Secretary Gary Moccia,P.E.
/ Vice Chairman
Robert Anderson
Date: November 15, 2010 Administrator
Name of Appellant: Balcomb Condominium Assoc.
Service Address: David Boling
Balcomb Condominium Assoc.
31 Symonds Street
Salem, MA. 01970
In reference to: 31 Symonds Street
em, MA. 01970
Docket Number: 10-906
Property Address: 31 Symonds Street
Salem,MA. 01970
Date of Hearing: 07-01-10
Enclosed please find a copy of the decision on the matter aforementioned.
Sincerely:
BUILDING CODE APPEALS BOARD
ll ci�U�a-(J �''��
Patricia Barry,Clerk
cc: Building Code Appeals Board
Building Official
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COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. BUILDING CODE APPEALS BOARD
DOCKET NO.: 10-906
Balcomb Condominium Association )
(David Boling, Board of Trustees), )
Appellants )
V. )
City of Salem, )
Appellees )
BOARD'S RULING ON APPEAL
Introduction
This matter came before the State Building Code Appeals Board (`Board") on appellant's
appeal filed pursuant to G.L. c.143, §100 and 780 CMR 122.1. In accordance with 780 CMR 122.1
the appellant petitioned the Board to grant a variance, based on the Seventh Edition of the
Massachusetts State Building Code ("Code"). For the following reasons, the variance is hereby
GRANTED with conditions.
David Boling, a member of the Board of Trustees appeared on behalf of the appellants. The
City of Salem was represented by Thomas McGrath, Building Inspector("Inspector"). All witnesses
were duly swom.
Procedural History
This matter is based on a variance request from 780 CMR 1025.2.1. On July 1, 2010, the
Board convened a public hearing, in accordance with G.L.c. 30A, §§10 & 11; G.L.c. 143, §100; 801
CMR 1.02; and 780 CMR 122.3. All interested parties were provided with an opportunity to testify
and present evidence to the Board.
Findings of Fact
This matter turns on the review of the applicable provisions of the State Building Code. The
Board bases the following findings upon the testimony presented at the hearing. There is substantial
evidence to support the following findings:
1. The property at issue is located at 31 Symonds St., Salem, MA.
2. The subject property is a condominium comprised of 24 units.
3. The subject property falls under an R2 classification of the Building Code.
4. The current windows in the property are over 40 years old.
5. The subject property is a brick building.
6. The subject property is sprinklered in the hallways but not in the individual units.
7. All units have two means of egress.
8. There are no fire escapes on the building.
Anal sis
The issue in this case pertains to whether a variance to the square footage requirement for
replacement windows may be granted.
A. Jurisdiction of the Board
There is no question that the Board has jurisdiction to hear this case. The governing
statute provides that:
Whoever is aggrieved by an interpretation, order, requirement, direction or failure
to act by any state or local agency or any person or state or local agency charged
with the administration or enforcement of the state building code or any of its rules
and regulations, except any specialized codes as described in section ninety-six,
may within forty-five days after the service of notice thereof appeal from such
interpretation, order, requirement, direction, or failure to act to the appeals board.
G.L. c.143, §100. The issues giving rise to this matter directly implicate
provisions of the Code. As such, this Board has jurisdiction to decide this case
pursuant to G.L. c. 143, §100.
B. State Building Code requirements
The Code requires that the minimum square footage of emergency escape windows is
five feet. See 780 CMR 1025.2.1. The proposed replacement double hung windows fall
approximately 4 inches short of that requirement.
The appellant testified that the current sliding windows are old and do not allow the safe
installation of window air conditioner units. The appellant asserted that the units all have at
least two windows.
The City of Salem asserted that the building may not have a current certificate of inspection.
The City testified that it denied the initial application because the proposal did not meet the
Code but that they are of the opinion that the double hung replacement windows are a good
option if the installation of air conditioner units is the major.concern.
Based on the testimony and with contingencies, the variance may be granted.
Conclusion
A motion was made by Alexander MacLeod and seconded by Jacob Nunnemacher to
GRANT the variance with the following conditions: 1) At least one emergency escape opening in
each bedroom must be maintained, and 2)An inspection in accordance with 780 CMR 106.5 must be
performed and completed by August 15`h by the building official or, if the building official does not
have the proper staff to perform such an inspection, the owner is responsible for hiring a professional
acceptable to the building department to perform said inspection and submit the results to the City for
a certificate.
Doug Semple Jacob Nunnemacher Alexander MacLeod
2
Any person aggrieved by.a decision of the State Building Code Appeals Board may appeal to
Superior Courtin accordance with G.L. c.30A, §14 within 30 days of receipt of this decision.
DATED: November 15, 2010
3