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6 UPHAM STREET - BUILDING INSPECTION 6. jjp A ' STREET:' • r I 'P� Gwethalyn Jones 6 Upham Street Salem, MA 01970 l iP cAsb- September 20. �IT6 CITY&fice'"of"the Building Inspector S. Salem, Massachusetts 01970 Attn: Edgar J. Paquin, Assistant Building Inspector Dear Mr. Paquin: This letter is a response to your recent letter. I am writing in the hope that with your help we can resolve the issues regarding my house at ,6;Upham ..Street. In reference to the question of the number of residences in this house: It is a three-story building with a small apartment on the first floor and a larger apartment occupying the second and third floors. The fact that I have rented space to two married couples and that I also live there myself has caused my neighbors to suspect that the house is being used as a three family. This is not the case. I share the upper apart- ment with one of these couples; this arrangement is clearly stated in the rental agreement. The third floor where I sleep has no kitchen facilities and is not a separate unit. In reference to the second stairway from the second floor: When I purchased my house last year, it was with the absolute assurance of the seller and of the two brokers involved that the house was a legal two-family residence as it stood. There was no mention of a need for another stairway to the second floor. My original intention in pursuing the addition of an outside stairway was to enhance the value of the house. Until I received your letter, I had no idea that permission for this enhancement might develop into a legal requirement. ' Originally I discussed the stairway plans with Mr. Sampson, whose property abuts the rear of my property. The logical and most attractive place for the stairway is alongside the house, the lower end being in line with the back of the house, which is on our property line. Based on his assurance that he approved of this design, I proceeded to pur- chase the lumber and have it cut and partially assembled. A stop-work order was then issued, and I was told I could only build the stairway with a ninety-degree angle jutting into my small back yard. Since this design seemed to be a potential eyesore to both myself and my neighbors, and since I thought I had a legal two-family residence and the right to add or not add an additional staircase at my option, I decided to abort the plan, even though the stairway was already largely paid for. Your letter, therefore, came as a complete surprise, and leaves me in somewhat of a quandary as to how to comply with it. I feel that the proposed jutting-staircase plan would be an eyesore to the extent that it could potentially lower the value of my property as well as the properties of the abutting neighbors. In addition, the com- plete change in stairway plan would constitute a serious financial hardship to me. I am no longer working, but am now a full-time graduate student at Tufts Veterinary School, where I will be for the next four years. The absence of a regular income, combined with the severe finan- cial liability of a graduate school education will make it essentially impossible to finance an entire new stairway from scratch. Although I had already paid for all the lumber and cutting for the earlier plan, most of this will not be usable if the plan must be completely changed. At this stage, even completion of the original plan will be financially difficult. It is my current intention to place the house up for sale within a short period of time. This is necessary both to provide more time to devote to my education and to provide financial resources to complete that education. At the same time, it is clear that some resolution to the problems cited in your letter must take place before I am free to place the house on the market. For this reason, I am anxious to resolve these issues as soon as I can. If it were at all possible, I would very much prefer to keep the house as it is without completing either of the stairway plans. The existing structure has been found acceptable to owners, tenants, and neighbors for a long time, and none of the present tenants feel the need for even the originally proposed stairway. Since there is already an internal second stairway, it seems that there is no significant safety enhancement in adding an external one. If this is not possible, then I hope very much that I can get your approval to complete the next-to-the-house stairway as originally planned. It will not be an eyesore to the community, and while it will cause some financial hardship, it will present nowhere nearly as much financial hardship as the jutting-out approach. I would very much appreciate your advice. Sincerely, Gwethal Jo es f!o. grx So(r» mR 0970 TED • P 386 342 091 ©,fL 1►»�j MA 0/970 � . � � �� �. � � / �+ � �/� t Y, t � ,4 �l � 1 I 1 �+ SENDER: Complete items 1,2,3 and4. m Put your atltlrees in the•'RETURN TO"spaCBon the 3 reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will provide + you the name of the person delivered to and the date of tleliv .For etlditional fees the following servi¢as an r' available.ComIt postmaster for fees and check box(es) � c Z for service(s)requested. _ 1. Ur Show to whom,date and address of delivery. 2. ❑ Restricted Delivery. V {{{111111 3. Article Addressed to: ' Jwethaltini :ones F Upham St. Salem, mo. 01970 re 4. Type of Service: Article Number Registered ❑ Insured Certified ❑ COD P 445 292. 181 Express Mail Always obtain signature of addressee or agentaod DATE DELIVERED. pD 5. Sig re—Add ressee 3 X q 6. Signature—A t H tj X M 7. Date of Delivery C C Z 9. Addressee's Address(ONLY f *U a In n m 9 i UNITED STATES POSTAL SERVICE' OFFICIAL BUSINESS SENDER INSTRUCTIONS;✓ �� •"°'�"""`�. u4a Prim your name,address,and ZIP n thgi(, -'•^>.,e AM space below. • Complete Rams 11,2,3,and 4 on the reverse. • Attach to from of article B space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE,saw • Endorse article"Return Receipt Requested" ad scent to number. RETURN 0 TO Building Inspectors Office (Name of Sender) 1 Salem Green (No.and Street,Apt,Suite,P.O.Box or R.D.No.) Salem, Ma, 01970 (City,State,and ZIP Code) P 445 242 181 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR JNTERNA71ONAL MALL (See Reverse) CSent Io Jwethalyn Jones Street and No. Upham St. m m C; P.o..State an�91eme Ma. 01970 ttl Postage 5 .�J Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered lo Return Receipt showing to whom, Date,and Address of Delivery m j TOTAL Postage and Fees S CS W Postmark or Dale E 0 LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked,slick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date, detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the codified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. 11 you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt rN return receipt is requested,check the applicable blacks in item 1 of Form 3811. 6. Save this receipt and present it it you make inquiry. of *tem' 4RCISSadju!5jefts __public PrupertU Pepart:nent '� ,s �luilliltq �epnrtment p�otHn.e vain (011V �atrm (6reen 7d5-0213 William Ii. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. August 27, 1986 Jwethalyn Jones 6 Upham St. Salem, Ma. 01970 Re: 6 Upham Street Dear Ms. Jones, Dae to complaints by abutters and subsequent inspection of your property the following was found_ There appears to be (3) three separate family units at your property. Also the 2nd. means of egress which was permitted by the Board of Appeals and required by the Building Code regulations is not in place as yet. This 2nd egress must be installed immediately, failure to comply will result in occupancy being voided. Please make arrangement with this department to visit your property to answer these concerns. Respectively, Edga� i P 9ui Asst. B 'ng Inspector r EJP/lyd c.c. : L. Mroz 1 City Clerk Councillor Swiniuch Fire Prevention Health Dept. ^1 IY7 tj - - - -_ ' ) --- a 6 1 I II I i I � ' � � � ,_ I I i � I ii I i i � � I' �� � 1 i � I � i � � � SII � ', � i III f I I ' it Ili � � � � � � � I � I I � II � � � , i � i , I �� I � I j , �I i � � � � � j � � i i I i � �, I � I I � � i , I i I I . �I i I ' i i i i I � I I , � � � I � I it � I � j � � i i 1 � it � � � I � � li ii � l � i ; � I I i � { ! i ;I i I i � � i � i I � � I � � � � � � I i � � � � I i � '� I i � I I i I � i � i � I I I I � � I i I f ISI � it i I SII I � 1 � I :. I � I it t I ii � it 1 I I � I I � � i � � �� it i � I � � � I � i �� � I I � ! I I I I I I �. I I �, � '� � 8 ,� ���� s p�� ��--- // jDATE OF PERMIT PERMIT No. OWNER LOCATION ;i 7.23.73 I #251 I R. Archibault I 6 Upham Street f j STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES WARD COST 3 2 6 I $4,800. Dwelling ood Frame 24x48 _ BUILDER Joseph Sheridan ¢YS'�Ygxxix Remove 3rd floor partitions for new bedrooms, insulate walls { and ceilings,apply sheetrock. 1 BOARD OF APPEAL: 12/4/85 - GRANTED - Special Permit to extend nonconforming rear setback I in order to construct staircase. (Gwethalyn Jones, owner/petitioner) 1/30/86 #43 Extension of internal front staircase from 2nd to 3rd floor, Addition of external staircase from ground to 2nd floor, Removal & re-building of _F small non-supporting wall to enlarge 3rd floor Bathroom to accomodate a i Bathtub. $3,000.00 1 I t: t of "ittiem, � assar4untts Poxrb of c� 4 ' i DECISION ON THE PETITION OF GWETHALYN JONES FOR A SPECIAL PERMIT FOR 6 UPHAM ST. , SALEM A hearing on this petition was held December 4� w����! lowing Board Members present: James Hacker, Chairman; Mes t Ch , Luzinski, Strout and Associate Member Bencal. Notice of the hearing wa,§ sent to abutters and others and notices of the hearing were properly publif&ldl�in the Salem Evening News in accordance with Massachusetts General Laws Chapt . 0$,. s%ar0'MAS1. Petitioner, owner of the property, is requesting a Special Permit to extend nonconforming rear setback in order to construct stairway in this R-2 District. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and. uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms; this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit wild. promote the public health, safety, convenience and welfare of the City's inhabitants. The Board .of Appeal, after hearing the evidence presented, and after viewing plans of the property, makes the following findings of fact: r 1 . Stairway will be no closer than existing structure; 2. Building is currently used as a two family and will continue to be used as such; 3. Vigorous opposition to expanding the house to a three family; 4 . By. adding this. means of egress the structure will conform to the City of Salem and State Fire Codes. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal' concludes as follows: \ 1 . The relief requested can be granted without creating a substantial detriment to the public good and without substantially derogating from or nullifying the intent or purpose of the Ordinance. DECISION ON THE PETITION OF GWETHALYN JONES. FOR A SPECIAL PERMIT FOR •b. UPHAM ST. , SALEM -".., Page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, provided that: T. Staircase to be no closer that six feet (61 ) from the rear lot line; case will descend to a landing then make a 90 degree turn into 2.. Stair 1 the petitioners rear yard as not to allow egress through abutters property; / 3, A Building Permit be obtained. SPECIAL PERMIT GRANTED 1 / ames B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO::1 THIS DECISION, IF ATa. SHALL BE MADE PURSUANT TO SECTION 17 OF THE j ISEURAL LAMS, CHP.?TEP. 2J8, AND SHALL BE FILED VO WN 20 DAYS AFTER THE DATE OF Fi'_:',: II OF THIS DEC!S!OT1 IN THE OFFICE OF THE CITY CLERK, i PUR:A::T TO ES -S. CENERAL LA:'i S. CHAPTER ".05, SECTION 11, THE VARIANCE OR SPECIAL PE ^T (,RANTED HEC,EIN. SHALL HCI tA>.E EFFECT UNT11 A COPY OF THE DECK::;:, BEA 1ii6 THE I FICATI;9! CF THE CM CLERK'TH.5T 2D DAYS HAVE ELAPSED AND RO APFEAL HAS BEEN FLED, OR THAT, IF SUCH AP: APPEAL HAS EE;N FILE. TEAT-IT. HAS BEEN DIS ISSED OR DEN;U) IS REC3ROED IN THE SOCTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA1;E OF THE C OF RECORD OR IS RECORDED AND NOTED ON THE OWNER"S CERTIFICATE OF TITLE. BOARD OF APPEAL i i I S° It Y.A y } ��� p` •.. .. � kl � ! �..�: x $ fi� x` APExcaptional 2 � _.til ` ' ``o btldrodm in quigt Brea s,; ' eat-inSunnykitchen porch, with k $675 Includes all uhlYues Sets ocnwdered'745.50W �+ > , t yea?` + .-ye•+>n ,?3"3N' M&. ;i�„ y7§'�':'. x F y 1, Y S , art � F r , i r. ip ,6 M1 1 ... 1 � 't , � • 4'#4 fit A'�'�! a P � a r'�r w• .:{t Ah f. e { P 443 509 266 RECEIPT FCFJ,CERT ,,)iFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) lRot to S areC-and No. Y P. State d ZIP Cate Postage $ Cartifled Fes Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing towhom, ry Date,and Address of Delivery m TOTAL Postage and Falls $ a Postmark or Data w 0 � ! -7 C a w a !TICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CIA E7 POSTACR CERTFIEO MAIL FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(no kwo- 1.IfYouwantthisrecetpt postmarked,stickthe gummed stubon the leftportlon of the address side of the article Isavingthe receipt attached andpresent thearticle at a post office servicewindowor hand It to vow rural carrier.Ino®ttra charge) . 2 N You do not want this U)MI t postmarked,sdck the gummed stub on the left portion of the address side of the article,date,detach and retain the receipt,and mail the article. 3.If WF want a return receipt,write the certifted-mail number and your name and address on e return reoelpt card,Form 3811,and attach ittothefrontofthearttctaby means ofthegummedends H space permits.Otherwise,aRbt to back of article.Endorse from of article RETURN RECEIPT REGUsESM adjacent to the number. 4.It you want delivery restricted to the addressee,or to an authorized agent of the addressee. endorse RESTRICTED DELIVERY on the front of the article. 6 Enter tees for the services requested in the appropriate spaces on the front of this receipt If return receipt Is requested,check the applicable blocks In hem 1 of Farm 3811. e.Save this receipt and present it H you make inquiry. rR 40 SENDER: Complete items 1,2,3 and 4. 0 Put your address in the"RETURN TO'space on the 3 reverseside.Failure to do this will prevent thiscardfrom being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery.For additional fees the following services are available.Consult postmaster for fees and check box(es) for seNlcels)requested Wt. ❑ Show to whom,date and address of delivery 2 ❑ Restricted Delivery V m 3 Article Addressed to 1 .a.` 4. Type of Service' Article Number ❑ Registered ❑ Insured j0Vy3 S09 oZ(0 Lk Certified ❑ 00D [ Express Mail Always obtain signature of addresseegiagent and DATE DELIVERED. 5 Sign re Addressee 9 X C/ y 6 Signature Agem 1 � X 9 7 Date of Dvl erw C (/ vS� o(�t C z s Addressed's AddrAss(oNLY ilrequested and feepa z m n m v UMEDSMS POSTAL SER OFRCIAL BUSINESS f,.�.. •w..� SENDER INSTRUCTIONS `% U m - „. 4 - , PNnt your name,address,and ZIP Code hiAhAR A5 „r.�.._ ®.. ...„„��� Waco below. . • Complete items t,E,3,and 4 on the reverse. • Attach to front of article R space permits, - PENALTY FOR PRIVATE otherwise affix to back of article. USE.$em • Endorse article"Return Receipt Requested' ad acent to number. RETURN TO ® e of sena ]2(No2. nd Street,Apt.,Suite,P. . Box or R.D. No.) ni (CiK State,.ntl Z I P Cod.) e *,COND Ctu of *alum, fl%soar4use##s z Public Propertg Beparhurnt Puil[biq ]Uepartrurnt William H. Munroe One Salem Green 745-0213 November 71, 1985 Jwethalyn Jones 6 Upham Street Salem, MA 01970 RE: 6 Upham Street Dear Sir. Concerning your property at 6 Upham Street, Salem, MA; it has been brought to the attention of this department that construction in the form of new 3rd floor stairs is now or has been going on. Please have yourself or your representative present on November 18, 1985 at 10:00 a.m. so that this building violation and complaint can be addressed. If this time and or date is not acceptable to you contact this office and reschedule this visit with us, /Ressppectfull LInspector E ga J, aqA ldi EJP/jdg c.c. : Mr. Mroz, Mayor's Aide City Clerk Councillor McCabe of "SttlQm, gcassar4us2ffs i\,� �'-i'���?_� �1I�IltL �TII3JEl'f�J �PjJEirfTiSPTTt F w:4 31uaing Pryarf2unt William H. Munroe One Salem Green 745-0213 July 25, 1985 To Whom it May Concern: Please be advised that the property located at(E Upham Street satisfies the requirements of the Mass. State building code for a two (2) family dwelling, Sincerely, 00j William H. Munroe Inspector of Buildings WM/sf