28 TREMONT STREET - BUILDING INSPECTION 28 Tremont Street
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No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN.OH
MCGREGOR.TX-LOCUST GROVE.GA
U.S.A.
Certificate Number: B-14-1277 Permit Number: B-14-1277
Commonwealth of Massachusetts
City of Salem
This is to Certify that the Multifamily 3+ Buildin .......
Building Type
28 TREMONT STREET in the .. City of Salem. .....
. . . .
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY
C/o first floor unit
JOHN ESPINOLA
This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and
expires ...............................Not Applicable unless sooner suspended or revoked.
Expiration Date
Issued On: Thursday, February 05, 2015
Commonwealth of Massachusetts ,
{ Citv of Salem `
720 Washington St,3rd Floor Salem,MA 01990(878)745-9595 x5641,
Return card to Building Division for Certificate of Occupancy - uV
- _
Permit No. B-14-1277
FEE PAID: $147.00 �PERMIT TO B U I;LD
DATE ISSUED: 8/5/2014
This certifies that " 28 TREMONT ST SALEM RTY TR ESPINOLA JOHN N TR
has permission to erect, alter, or demolish a building
. 28 TREMONT STREET_ Map/Lot: 260181-0
as follows: Repair/Replace _�. CORRECT PROBLEMS ON FIRST FLOOR OF EXISTING THREE(3) FAMILY
HOME. NEW BATH, RELOCATION OF SOME INTERIOR WALLS. '
PLANS ATTACHED.
Contractor Name: Hilario Cunha' t
n 4 f
DBA: ' as
Contractor License No: CS-081867 I �1
fr w _ .�< rP 8/5/201.4
Building Officiar Date
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official
may grant one or more extensions not to exceed six months
each upon written request.,,,_a, s... ,
All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted.
Y All construction,alterationaand changes of use of any building and structures shall be incompliance with the local zoning by-laws and codes.
This permit shall be displayedin a location,'clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the `{
work until the completion of the same.
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and.Fire_Officislsfarre provided on this permit
- H IC#: 138201 "Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL c.142A). . ,r
Restrictions: i
Building plans are to be available on site.
All Permit Cards are the property of the PROPERTY OWNER.
I 4r , 4t
Gommonweaff of Massae;
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City of Salem ` f'
Y
' <J 120 Washington St,3rd Floor Salem,MA01970(978)745-0595 X58411,
a Return card to Building Division for certificate of Occupancy
Structure `
CITY OF SALEM BUILDING PERMIT
tExpvation PERMIT TO BE POSTED IN THE WINDOW
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Footing � . INSPECTION RECORD h°'
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Insulation INSPECTION: BY /i DATE
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i3ONUIT �
CITY OF SALEM, MASSACHUSETTS
h m?
BOARD OF APPEAL
4AUG 21 AD42
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KImmERLEYDRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE #
MAYOR CITY CLERK, SALEM,MASS
August 27, 2014
Decision
City of Salem Board of Appeals
Petition of JOHN ESPINOLA seeking a Special Permit per Section 3.3.3 Nonconforming Structures
and a Variance from the maximum height of buildings in stories requirement of Section 4.1.1 Table
of Dimensional Requirements of the Salem Zoning Ordinance, to allow the extension of an existing
nonconforming structure and the addition of a shed dormer at the property located at 28
TREMONT STREET (R1 Zoning District).
A public hearing on the above Petition was opened on July 16, 2014 pursuant to M.G.L Ch. 40A, C 11. The
bearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran
(Chair), Mr. Duffy,Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit from Section 3.3.3 Nonconforming Structures of the Salem Zoning
Ordinance and a Variance under Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning
Ordinance.
Statements of fact:
1. In the petition date-stamped June 23, 2014, the Petitioner requested a Special Permit to extend an
existing nonconforming structure and a Variance from the 2.5 stories maximum height requirement in
an R1 zoning district. The addition of the shed dormer and the extension of the third floor will create
adequate space for the legally required second point of egress for a third story living unit, creating a
useable third story.
2. Ms. Brigitte Fortin,Architect,presented the petition for the property at 28 Tremont Street.
3. Mr. St. Pierre, Zoning Enforcement Officer and Building Inspector, stated that the third floor has
been in use as a residential unit for some time, and the current owners are trying to bring the unit into
compliance with the Building Code. The three-family residential use of the building has been ongoing
for some time, and is a legally grandfathered nonconforming use.
4. In order for the petitioner to continue the existing three-family residential use of the building, and to
gain income from the rental of the third floor unit, the petitioner must construct a second point of
egress for the third floor.
5. The requested relief, if granted, would allow the Petitioner to extend the rear wall 3-feet 10.5-inches
toward the rear of the property, and to add a 13-foot 3-inch long shed dormer.
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6. At the public hearing, Ms. Lori Hrdy of 9 Japonica Street expressed her concerns about the petition.
Ms. Hrdy has had difficulties with the tenants of 28 Tremont Street - with loud gatherings on the
porch and parking. Ms. Hrdy expresses that the proposed shed dormer would tower over her
property. Ms. Hrdy requests installation of a six-foot high opaque fence on the property line.
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
1
City of Salem Board of Appeals
August 27,2014
Project:28 Tremont Street
Page 2 of 3
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings —Special Permit to allow the extension of an existing nonconforming structure:
1. The proposal will have no negative impact on the community's needs.
2. The proposal will have no negative impact on parking or loading.
3. The proposal will have no negative impact on the utilities and public services to the building.
4. The proposal will have no negative impact on the neighborhood character, and the condition
requiring construction of a six-foot fence will be an improvement for the neighbors.
5. The proposal will have no negative impact on the natural environment.
6. The proposal will have no negative economic or fiscal impact.
Findings—Variance from the 2.5 story maximum allowed height of buildings to allow the building to
be 3 stories in height:
1. Without constructing a second form of egress to the third floor, the current building owner would be
unable to continue use of the third floor dwelling unit, thus losing income. Therefore, literal
enforcement of the provisions of the Ordinance would be a substantial hardship.
2. The desired relief, as conditioned,may be granted without substantial detriment to the public good.
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Mr. Watkins, Ms. Curran, Mr. Copelas and Mr. Duffy in favor) and none (0) opposed, to grant the
requested Special Permit to allow the extension of an existing nonconforming structure, and Variance from
the maximum height of buildings in stories requirement, to allow the extension of an existing nonconforming
structure and the addition of a shed dormer, 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.
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
9. Petitioner shall install a six-foot high stockade fence on the rear property line prior to completion of
construction of the approved additions.
10. Construction shall proceed continuously. A construction debris dumpster shall be on on-site during
construction,and shall be removed as soon as is practical after completion of construction.
1
City of Salem Board of Appeals
August 27,2014
Project:28 Tremont Street
Page 3 of 3
Rebecca Curran, 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,.shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed=thin 20
days of f:k'ng of this decision in the office of the CUy Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a ropy of the decision bearing the certificate of the City Clerk bas been filed with the Essex South
Registry of Deeds.
U.S. Postal Servicer.
CERTIFIED MAILT. RECEIPT
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a A unique identifier for your mailpiece
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IMPORTANT:Save this receipt and present it when making an inquiry:
PS Form 3800,August 2006(Reverse)PSN 753002-000-9047
e"` CITY OF SALEM, MASSACHUSETTS
�+ +1 't'cl
BUILDING DEPARTMENT
��r'v= .,= 120 WASHINGTON STREET, 3RD FLOOR
'\�m'n%� TEL: 978-745-9595
KINK ERLEYDRISCOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
Removal of Certificate of Occupancy
28 Tremont Street
First Floor Unit Front & Third Floor Unit
February 28, 2014
28 Tremont Street Salem Realty Trust
John N. Espinola—Trustee
12 Brentwood Drive
Peabody, Massachusetts 01960
Mr. Espinola,
The ensuing communication shall serve as our follow-up to our; site inspection, regarding unsafe
egresses and alleged unpermitted work at 28 Tremont Street—. Complaints were received by our
Department on the aforementioned property and upon inspection with Salem Health and Fire
Prevention officials on Friday, February 28, 2014 the property was found to be in violation of the
Massachusetts State Building Code with reasons to have the first floor front and the third floor units
Certificates of Occupancy removed.
Under the provisions of 780 CMR, Section 116.3,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 shall be on March 4, 2014 at 9:00 a.m.; 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.
1- P Floor Front Unit—Exit and Exit Access Doorways, Section 1015 & Number of Exits
and Continuity, Section 1021- Unit presently has only one means of egress out of the unit
in violation of the aforementioned 780 CMR. The situation needs to be addresses
immediately, and the Building Department notified of the solution.
CI
a
CITY OF SALEM, MASSACHUSETTSBUILDINGDEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
TEL: 978-745-9595
KIMBERLEY DRISOOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
2- 3rd Floor Unit-Exit and Exit Access Doorways, Section 1015 & Number of'Exits and
Continuity, Section 1021- Unit presently has only one means of egress out of the unit in
violation of the aforementioned 780 CMR. The situation needs to be addresses
immediately, and the Building Department notified of the solution.
3- Basement- Un permitted electrical,plumbing and construction work(ie Gas hot water
heaters, no "house"meters and electrical panels). (Section 105.0 of 780 CMR, the State
Building Code) Additionally permit fee, Debris Disposal Affidavit, Homeowners License
Exemption form or Worker's Compensation Affidavit are required to be submitted during
the filing.
4- Common Hallways/Stairways and Third Floor Unit- Smoke detectors and carbon
monoxide detectors not functioning or missing from required locations.
5- Exterior Stairways— Unsafe Structures and Equipment, Section 116.1 Conditions—
Exterior stairs to second floor unit and front entry stair to common interior stairway are
in unsafe condition and need immediate repair or replacement.
6- Code Review by a Registered Massachusetts Architect.
7- Provide stamped design drawings including signed and notarized affidavits from a Registered
Massachusetts Architect stating the work completed is to compliance with the Massachusetts State
Building Code if existing work is to remain. With standing this letter de-construction of the
existing partition walls shall be required to review code compliance with the City Department
having jurisdiction.
8- Electrical permit shall be applied for by a licensed Massachusetts Electrician, with
disclosure to such department that work has been previously completed.
9- Plumbing permit shall be applied for by a licensed Massachusetts Plumber, with
disclosure to such department that work has been previously completed.
10- Un-permitted electrical and construction work. (Section 105.0 of 780 CMR Massachusetts
State Building Code) —Building Permit Application Form,Permit Fee,Debris Disposal
a
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET, 3RDFLOOR
TEL: 978-745-9595
KIMBERLEY DRISCOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
Affidavit, Worker's Compensation Affidavit and Stamped Drawings from a Registered
Massachusetts Architect are required to be submitted during thefiling..
This Department has no record of a required building permit any of the work on First Floor and
third floor levels of the property. You are directed by this letter to file the appropriate
applications for permit in our office at 120 Washington Street, 3`d Floor at the earliest possible
time.
You are hereby ordered to begin to rectify these conditions and contact this office immediately upon receipt of
this notice. Failure to do so may result in further actions being brought against you, up to and including the
filing of criminal complaints at District Court.
You have the right to appeal this order to the State Board of Building Regulations at One
Ashburton Place, Boston, Ma.
If you have any questions regarding this letter, please contact the Building Inspectors Office at
(978) 745-9595, extension 5648.
Until such time that all requirements of this letter and any and all further requirements are
complete:
CERTIFICATE OF OCCUPANCY FOR UNITS, FIRST FLOOR
FRONT AND THIRD FLOOR, LOCATED AT 28 TREMONT
STREET IS HEREBY REVOKED IMMEDIATLEY.
You are hereby ordered to begin to rectify these conditions immediately upon of receipt of this notice.
Failure to do so may result in Municipal tickets and further actions being brought against you, up
to and including the filing of criminal complaints at District Court.
You have the right to appeal this order to the State Board of Building Regulations at One
Ashburton Place, Boston, Ma.
a
CITY OF SALEM, MASSACHUSE'T'TSBUILDING DEPARTMENT
120 WASHINGTON STREET, 3ADFLOOR
TEL: 978-745-9595
KIMBERLEY DRISCOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
If you have any questions regarding this letter, please contact the Building Inspectors Office at
(978) 619-5648.
Respectfully, ; �'
Michael E. Lutrzykowski
Assistant Building Inspector
Cc: file,Fire Prevention, Salem Health department, Salem Electrical Department, Salem Plumbing
Inspector.
CITY OF SALLM, MASSAC.HUSL-TI S
13OnRI>Or=HE-XXII
120 WASI-IIN(YL'ON S'I'RrI;T,41°I`1>OOIt
Tla.. (978) 741-1800
KIMBIsRI..L:Y DRISCOLL F,I\ (978) 745-0343
N AYOR Iramdin(tdsaleincom
LARRY RAMDIN,RS/Iko Is,(:I
[f1;,AJ:I'1 I AwINT -
FaCSimue
Transmittal
To:
Fax # GL91 28'3f-
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RE: 2- t
Date z i
Page(s): including this cover#_
(Message:
Board of Health News --------
__�_ �____�_��________,_____---For Your Information
OFFICE HOURS:
Monday, Tuesday, Wednesday 8:00 AM to 4:00 PM
Thursday 8:00 AM to 7:00 PM
Friday 8:00 AM to 12:00 NOON
Fb2'S. 2014 10: 26AM
Charles A. Martins, Esq.
AT A t.Aw
81 NJAIN sj-11EEP
PF,ABODY,MA 01960
cLnrlcs.mn rtinytiF;ver V.On.ncl
9303
PAX!978.538-9066
February 24,2014
Isabel S. Medeiros
28'1 remont Street, Apt. #3
Salem,Massachusetts 01990
Thirty(30)Day Notice to Quit
Dear Tenants:
The undersigned represents your landlord.
It being the landlord's intention to terminate your tenancy,you are hereby requested to
leave the premises you now rent as a tenant,namely,28 Tremont Street,Apt,I{3,Salem,
Massachusetts, at the end of the rental period next beginning March 1, 2014 and ending March
31,2014. If you fail to vacate,your landlord will go to court and get permission to evict you.
By law,a court is the final authority in every eviction and if you believe you are entitled to
remain as a tenant,you or your lawyer may present your case in court.
Any funds accepted after the termination of tenancy shall be accepted for use and
occupancy only and the landlord reserves all rights under this notice to quit and the right to
commence the summary process action.
You are hereby notified to produce the original of this notice at any trial for possession of
the premises.
You are further instructed to contact this office if you have any questions rather than your
landlord directly.
�-
Charles A. Martins,Esq.
As Attorney for John N. Espinola as
'Tlustec of 28 Tremont Street Realty Trust
COPY ATTEST
OF
:'ESTED PROCESS SERVER
Af� OINTEP SERVER
DATE OF PERMIT PERMIT No, OWNER LOCATION
5/12/78 I #158 I Ronald Bolduc I 29 Tremont Streets
STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COST
3 6 $ 1,200.
Dwelling
BUILDER
Owner
Install 24'x6' porch and stairway.
5/18/78 #174 Install Vinyl Siding.
11/3/82 #460 (Owner-John Espinola) Close in porch.
Determined to be lawful three family as per City Solicitor - 6/9/92 (see file)
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kE�U1M1.�
CITY OF SALEM - MASSACHUSETTS
KEVIN T.DALY Legal Department LEONARD F FEMINO
City Solicitor 93 Washington Street Assistant City Solicitor
508-745-0500 Salem, Massachusetts 01970 508-921-1990
June 9, 1992
Maurice M. Martineau,
Inspector of Buildings
City of Salem
One Salem Green
Salem, MA 01970
Re: 28 Tremont Street
Dear Mr:Martineau:
Please be advised that I have examined various documentation
relative to the use of 28 Tremont Street as a three family
dwelling. I have examined a letter from the Board of Assessors,
numerous correspondence from individuals familiar with the
property and various census documentation.
Based on my review of this documentation, it is my opinion
that 28 Tremont Street was a lawful three family residence prior
to the adoption of the City Zoning Ordinance in 1965. It is my
opinion that this building should be afforded the protection of
Section VIII (E) of the aforementioned Ordinance relative to non-
conforming uses and this dwelling's current use as a three family
residence is permissible.
Thank you for your attention to this matter.
Very truly yours,
i
Kevin T. Daly,
City Solicitor
KTD/amt
coswai9a
1a r n' C),C) br .
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7hlj5 notioe pouted On
.,.7 Rall AVe Salem,
P/✓7 in
kot.d of 1953 ,
Titg Of atew' massar4usletts
spa Public Prnpertg Department
Nuilbing Department
One Salem (green
500-745-9595 EM. 300
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 4 , 1992
Kevin Daly, Esq.
City Solicitor
City of Salem
RE : 28 Tremont St . (R-1 )
Dear Mr. Daly:
Will you kindly peruse the enclosed data to
determine the legal use of the above referenced
property, which, according to our records is a three
family dwelling. The property is located in a
Residential Multi-Family District . 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 .
Anything you can do to expedite this matter will
be greatly appreciated.
Sincerely,,,
Maurice M. Martineau
Acting Inspector of
MMM:bms Buildings
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`° BOARDOFASSESSORS
4 93 WASHINGTON STREET,CITY HALL,SALEM,MASSACHUSETTS 01970
f /� A.
, (508)745-9595 Ext.260
w� �,/' (508)744-5918 FAX
April 23, 1992
TO WHOM IT MAY CONCERN:
The property located at 28 Tremont Street (Assessors' Parcel
1126-181) was found to be a three (3) unit dwelling when
first listed in July, 1973, and has continued to be listed
as such in the Assessors' Office records since that time.
Prior to 1973, this office did not maintain records on
number of dwelling units.
Very truly yours,
Peter M. Caron
Chairman
PMC:mjg
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Master Locksmiths
KEYS—LOCKS—DOOR-CLOSERS—SHARPENING
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HERRING-HALL,DIEBOLD and MEILINK SAFES—OUTSIDE SERVICE
.'. 2424 ST. PETER SALEM, MASS. TEL 7
Massachusetts`lectrlc Company
Massachusetts Electric 170 Medford Sireet
Malden, Messacnuseils 02148-7384
A New England Electric System company Telephone- (6 1 71 322-5000
May 6 , 1992
Joao N. Espenola
12 Brentwood Drive
Peabody, MA 01960
RE: 28 Tremont Street, Salem
To Whom It May Concern:
Our records indicate there have been 3 meters located at the
above referenced address as follows:
Floor Number Year Installed
1 1963
1R 1963
2 prior to 1966
We trust this information will be helpful .
Sincerely,
MASSACHUSETTS ELECTRIC COMPANY
Mrs. P.A. Lothrop
Field Representative
PAL/tad
L5-150