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37 WALTER STREET - BUILDING INSPECTION { Y f.ClN1Y� SEP I; f 111 C stt�'Lt MASSACHUSETTS CI'T1��pF,��E1.y�.. iH, J KEVIN T.DALY Legal epanment LEONARD F FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem,Massachusetts 01970 508.921-1990 STATEMENT OF CLAIM RE: Property Location: 37 Walter Street, Salem, Massachusetts Owner: John J. Suldenski and Virginia Suldenski Title Reference: Book 8775, Page 402 I, Neil J. Harrington, Mayor of Salem, hereby upon oath depose and say that a building on the above-entitled land was demolished on or about August 26 , 1991 at a total cost to the City of Salem in the amount of $8,000. 00, as per the attached statement. Pursuant to Massachusetts General Laws Chapter 139, Section 3A, a claim is made in the amount of $8,000.00 upon the land which the building was located. Signed under the pains and penalties of perjury this 5th day of September, 1991. C� �Z.' HSu NEIL J. ARRINGT , MAYOR Commonwealth of Massachusetts Essex, ss. Salem, Massachusetts September 5 , 1991 Then personally appeared the above-named Neil J. Harrington, Mayor, and acknowledged the foregoing to be his free act and deed, before me. KEVIN T. DALY, ESQUIRE Notary Public ' My Commission Expire 1/4/96 Cfity of *alem, Masaar4usetts Public Prnpertg Department Nuilbing Department (One ftem (6reen 588-745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 9/22/92 Philip Durkin Esq . 27 lowell St . Peabody, _":a . 01960 Re >�:73-7—Ila 1 to r—S-t,. Dear Sir : Enclosed is a plot plan from Eastern Land Survey dated January 29 , 1967 showing a porch on the rear of the building at the above mentioned address . This porch was being remodeled back in 1989 along with an addition that had a history of controversy as you well know. In August of 1991 the addition was removed with the exception of the remodeled porch . It is the opinion of this office that the porch was then a pre-existing structure and allowed to remain . Serel / rill ��/C��fLc�vuu David J . Harris Assistant Building Inspector 7 W BUILD MG SEPT COMMONWEALTH OF MASSACHUSETTS -p �b ESSEX, SS. SJVZ-JjORS(12UPV91 C.A. 90-405 RECEIVED CITY DE SALEHMASS. JOHN J. SULDENSKI and ) VIRGINIA SULDENSKI ) z co ry C VS. ) JUDGMENT pn L v n co — m-: CITY OF SALEM BOARD OF APPEALS ) �m N o _ � co H The above entitled matter came on for jury waived trial before the Court, Ronan, J. presiding, and after findings of fact, conclusions and order having been rendered: It is hereby ORDERED and ADJUDGED: that the decision of the Board of Zoning Appeal of the City of Salem be and hereby is AFFIRMED; and that the Oity of Salem shall recover of the plaintiffs its costs of action. The Clerk/Magistrate of the Superior Court is hereby directed to mail within thirty days of this date an attested copy of this judgment to the building inspector of the City of Salem and to the City Clerk for the City of Salem,_and the Board of. Appeals . Dated at Newburyport, Massachusetts this 20th day of June, 1991 . L L7 A' lstant Clerk i. A True Copy, Attest: sistant 1e k t 7Iv6 YJ+R.D ` \� SDR YitRO T � Ot I_ J NOTE' .ovITION +r' I- To 4-c•a¢.�rFio r . � '.4"l w I 6 sxl++r' PR.oNT WARD b!T b4(i1L �vn�-n.� a►ru .rr � . �1(i.La t IN a ObOI -o11 : N C Ct FIJ Cxi sT1w6 1c uAl O .� ,ojp,aF w,4y Mb7 � LuF FRoFbsF° ��^� aFP P�p/pos � O l�A/'i hn�/!r /91�F9 TO 3 � C o b A ti L,O C K- Y 'yA OF A{q��Cy (e 3 y 0 _ a� ROBERTA. ^), 8 KEEFE V A _ No. 12305 moo; 1 MAe Z? 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L 5am p EN''`O e r DATE OF PERMIT PERMIT No. OWNER LOCATION I I John Suldenski I 37 Walter Street R-2 J STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COST dwelling 2� I 2 6 BUILDER I BOARD OF APPEAL: 2/22/89 - DENIED - Special Permit to allow construction of an addition on this nonconforming lot, said addition to be used as an additional unit. 9/26/89 #498-89 Build addition, and move existing 2nd apt. into addition J.S. Est. 65,000. fee $395. BOARD OF APPEAL: 1/17/90 - ADMINISTRATIVE RULING RELATIVE TO PERMIT #498-89 The Board unanimously voted as follows: 'That permit #498-89 was issued in error; that it be revoked forthwith and the structure be removed as soon as possible; and that the Building Inspector take immediate action to have said building removed." Peter & Mary Casale et al, petitioners A J 77) sev r. .Cor 7 Zee SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivere to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Mr. & Mrs. John Suldenski P 735-032-656 4b. Service Type 37 Walter Street ❑ Registered ❑ Insured Salern,MA 01970 XEI Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of D ivery Af i41 5. Si nature (A e) 1 8. Addressee's Address(Only if requested and fee is paid) 6. Signature 1 1 RS Form 3 11, November 1900 *U.S.GPO:1991-287aB DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business , IIIF a �r PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here • Willi&m H. Munroe/Public Propertyd One Salem Green Salem,MA 01970 CO of balem, INnoacbUgettg Public Propertp Oepartment � g jguilbing 30epartment One 9ialem green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 18, 1991 Mr. & Mrs. John Suldenski .G37=Waite Street Salem, Ma. 01970 Dear Mr. & Mrs. Suldenski, I am writing to advise you that in view of the courts decision regarding the townhouse on your property and your failure to comply with the court order, that I have initated procedeedings to demolish the structure and place a lien against the property. I would expect that everything will be in place to start demolishing within seven (7) days of the date of this letter. It is indeed unfortunate that this has cane to be, but the court has spoken and the decision must be enforced. Sincerely, William H. Munroe Inspector of Buildings CC: Mayor City Solicitor Ward Councillor enc: (1) P73s � s� Cftp of Oalem, 0aggacbum;etto Public Propertp Mepartment jiuilbing Mepartment One ialem green 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 25, 1991 To the Honorable Neil J. Harrington Mayor, City of Salem Dear Mayor Harrington: I respectfully request the appropriation of Eight Thousand dollars ($8,000) to the Public Property Demolition Account Number 01-4-0553-390. Said appropriation is necessary to allow for the demolition of the townhouse building located at 37 Walter St. The construction of this building was appealed to the Court and it was the decision of the Court that this is an illegal structure and must be removed. The owners of the property were afforded the opportunity to remove the building but have neglected to do so, there- fore the need for this appropriation. Upon completion of the demolition the Legal Department will be instructed to place the appropriate lien on the property. Respectfully submitted, CoWill.Ziam H. Munroe Inspector of Buildings WHM:bms ANKELES, HARMON to BONF COUN5ELLORS AT LAWJ�'"� ' DEPT 27 1.ow4 Sheet PEABODY. MASS. 0196001T 2n DAVID L.ANKELES LES FI ({!fig j /✓�lY/, 6{y MARSHALL E. 8 3U /111 AREA CODE 508 99ccnn ;a LEONARD A.SONFANTI R V I It;,L,r1[C,ED` nes $31-7000 CITY OF .SALL '�.h'�HJ 531-VAX 506 PHILIP T.DURKIN C ATHAN A.VONTZALIDES October 25, 1991 HARRY ANKELES MATTHEW E.REGAN (1958-1990) City of Salem Building Department One Salem Green Salem, MA 01970 RE: Luso-American Credit Union V. John J. Suldenski and Virginia A. Curcuru a/k/a Virginia A. Suldenski Superior Court Case No 91-3131 Dear Sir/Madam: Pursuant to the Order of the Commonwealth of Massa- chusetts Superior Court Department of the Trial Court, I enclose herewith copy of Subpoena (Notice) as issued by the Court in the above-captioned mortgage foreclosure action. Very truly yours, ANKELES, HARMON & BONFANTI By Philip T. Durkin PTD/mp Enclosure CERTIFIED MAIL - RETURN RECEIPT REQUESTED BUILDING 0EP1 COMMONWEALTH OF MASSACHUSETTS. Essex, ss. Superior Court OCT 28 8 30 AM T In Egtrity No. REMVED 91-3131 CITY OF SALEM,MASS, To John J. Suldenski and Virginia A. Curcuru AKA Virginia A. Suldenski; 37 Walter St. , Salem, MA 01970 and to all persons entitled to the benefit of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended: Whereas, Luso-American Credit Union 37 Tremont St. , Peabody, MA 01960 claiming to be the holder of a mortgage covering real property situated at 37 Walter St., Salem, Essex County, MA and more fully described in said mortgage. given by John J. Suldenski and Virginia A•CUrCUrU AKA Virginia A. Suldenski to Luso-American Credit Union; dated January 29, 1987 and recorded in Essex South District Registry of Deeds, Book 8775, page 403 has filed with said court a bill in equity for authority to foreclose said mortgage by entry and Possession and exercise of a power of sale: If you are entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, and you object to such foreclosure of said mortgage, you or your attorney should file a written appearance and answer in said Court at Salem, in said County of Essex, on or before the 12th day of November 19 91 which day is the return day of this subpoena, or you may be forever barred from claiming such foreclosure is invalid under said Act. Witness ROBERT L.STEADMAN,Esquire, Chief justice of our Superior Court, the 4th play of October in the year tit' our Lord one Ihnusand nine hundreVand uigijt,• ninety-one ' (7erkClerk 7 EC IST DC ASST,C1.1 RK FORM 69 CITY OF SALEM A ;r PURCHASING DEPARTMENT J� G4LLVF. THIS AGREEMENT made and concluded this Ninth day of August in the year one thousand nine hundred Ninety-one by and between Thomas Mackey & Sons Inc. 58 Broadway„ P.O. Box 366, Salem, MA 01970 party of the first part and the City of Salem, a municipal corporation established under the laws of the Commonwealth of Massachusetts, acting by and through its Mayor, Neil J. Harrington , its Purchasing Agent, Dennis F. Daly and it' s Inspector of Buildings William H. Munroe all thereto duly authorized, party of the second part. WITNESSETH, that the said part y of the first part has agreed and by these presents does agree, for the consideration hereinafter containedto furnish and deliver service to demolish unfinished townhouse located toward the rear of 37 WalterSi tr et7 Salem, Ma as per quote and specifications . The City of Salem agrees to hold harmless and indemnify the party of the first part from any and all claims and causes of action and damages of whatever name and description including related attorney' s fees and expenses , brought by the owners of 37 Walter Street , Salem, Massachusetts or any one claiming by or through them, including mortgagees, arising out of demolition which is the subject of this contract . This paragraph shall not apply to actions arising solely out of negligence of the party of the first part. The. City of Salem hereby warrants and represents to the party of the first part that the City has the authority and In case of any alteration of this contract, so much thereof as is not necessarily affected by the change, shall remain in force upon all parties hereto; and no payment for demolishing of structure furnished under such alteration shall be made until the completion of the whole contract, and the adjustment and payment of the bill when rendered for demolishing of structure shall release and discharge the said City from any and all claims or lia- bility on account of any demolishing of structure furnished under this contract, or any alteration thereof. (1) right to demolish the structure of 37 Walter Street which is subject to this contract pursuant to court order and the City acknowledges that the party of the first part is relying and has the right to rely on this representation. The party of the first part shall not assign or transfer this contract, or any part thereof, or any sum due or to become due hereunder without the written consent of the Purchasing Agent of said City. And the said part y of the first part further agrees to indemnify and save harmless the said City of Salem, its officers and agents from all claims and actions of every name and description brought against the said City, or its officers and agents, for or on account of any injury or damage received or sustained by any person, structure or property, by or from the said part y of the first plait, servants or agents, or by, or on account of, any act or omission/oF&e syaid part y of the first part, or i t, s servants or agents, in the performance of this contract; and the party of the first part hereby agrees that so much of the money due to under, and by virtue of, this agreement, as shall be considered necessary by said Pur- chasing Agent, may be retained by the said party of the second part until all such suits or claims for damages as aforesaid, shall have been settled, and evidence furnished to the satisfaction of said Purchas- ing Agent, provided, however, that notice of such claims, in writing and signed by the claimants, shall be previously filed in the offices of the City Clerk of said City. It is furthermore agreed by the party of the first part that the performance of this contract shall be strictly in accordance with the quote and specifications now on file at the Office of the City Purchasing Agent of Salem, MA 01970 which quote and specifications are hereby made a part of this contract by reference. And the said part of the first part further agree to deliver to said part of the second part N/A in the sum of Dollars as a guarantee and as collateral security for the faithful performance of this contract. (2) na,ac IN CONSIDERATION WHEREOF the said party of the second part agrees to pay to said party of the first part the fo11 owing: Quote Total : $8, 000 . 00 said payment s to be made upon the twentieth day of the month for such demolishing of structure as have been deliverer by said party of the first part to said part y of the second part during the month next previous thereto and upon proper approval of the bills for same and provided also that demolishing of structure shall have been delivered in accordance with this contract. IN WITNESS WHEREOF the said Thomas Mackey & Sons Inc. 58 Broadway, P.O. Box 366, Salem, Ma 01970 , party of the first part, hath caused these presents and an instrument of like tenor to be executed in its name and behalf by a properly authorized officer of the said company, an instrument of like tenor to be executed in its name and behalf by its Mayor, its Purchasing Agent , it' s Inspector of Buildings all duly authorized as aforesaid, and its corporate seal to be hereto and to an instrument of like tenor affixed on the day and year first above written. Thomas Mackey & Sons , Inc. By its General Manager, �t Signed and sealed CITY OF SALEM 2preence of By Mayor Pu sing Agent Approved as to form by or ..i y Solicitor Inspector of Buildings (3) a Citp of *a[em, lflaggacbmwtg Vublic propertp Mepartment r- Nuilbing Mepartment One ibalem Oreen 745-9595 CCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 17, 1991 DEMOLITION OF TOWNHOUSE BUILDING 37 Walter Street Bids are requested for the demolition of the unfinished Townhouse building ONLY located at 37 Walter Street. The building is a wood frame structure covering approximately 968 square feet. The successful bidder will be responsible for contacting all utilities having service connection within the building and obtaining a release from the utilities. The successful bidder will be required to notify Dig Safe Call Center at 1-800-322-4844 prior to the start of demolition and put the Dig Safe number on the demolition permit application. The cellar hole will be leveled to match the adjacent grades and filled to match these grades with non-organic fill. A demolition permit must be obtained and must include all necessary construction license numbers. Proof of sufficient Insurance coverage must be provided prior to the issuance of the permit. �... SECTION II DEFINITIONS any persons (a) who, having an interest in land, 11A. Developer - y causes it directly or indirectly to be used for residential development, or (b) who, directly or indirectly ndirectlydsells, or leases or develops or offers to sell, lot, plot, advertises for sale, lease or development any parcel, site, unit or interest for residential use. 11B. Development Permit - a permit to be issued to a developer by the Planning Board granting the right to develop a given parcelof land for residential use after said parcel has been standards aofroved for hdevelopment determined as issuance forresidentialdevelopmentcontained herein. 11C. Development Use, Rysilotslalots orthe parcelserection of land orconstruction of dwellings on an p , portion thereof. 12. Dormitory - a building having facilities to house persons in single (1 ) rooms or double (2) rooms with common toilet and bathing facilities. The building may also have common rooms, recreation rooms, self-service laundry facilities and "snack" kitchens. 13. Drive-in Restaurants or Snack - any eating establishment where commodities are consumed on the premises but outside the principal building. 14. Dwelling - a building designed or used as. the living quarters for one or more families. 15. Dwelling, Single Family - a detached building designed for or occupied by one (1 ) family only. 16,w Dwelling, Two Family - a building designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. . A so-called Duplex Dwelling, even though having two separate entrances a nd street �mbers, shall be construed as being a single building. 17. Dwelling, Multi-Family - a building designed for or occupied by three l3) or more families, with separate housekeeping and cooking facilities for each. Dwelling, Multi-Family, Carden Type - a building designed RI" for or occupied by three (3) or more familles, but no mor than eighteen (18) families, with separate housekeeping and cooking facilities for each. The building will conform to �., the requirements of Section V-B, Paragraph 4, e, of this Chapter 35. The terms "Town Houses", "Row Houses", "Attached Houses" and like terms shall be interpretedas bei Type"g synonymous with :wic, the term Multi-Family, 6 i SECTION V USE REGULATIONS A. PERMIT USES 1 . R-C and R-1 Districts - Residential - Conservation and One - Family Residential a. Detached single-family dwellings. b. Customary agricultural, horticultural, and i floricultural operations, provided that: i (1 ) All the buildings combined shall not occupy a greater percentage of the lot area than listed in Table I. (2) No storage of manure or odor or dust-producing substance and no buildin in which farm animals are kept shall be permitted within one hundred (100) feet of any property line. (3) No greehnouse heating plant shall be operated within fifty (50) feet of property line. (4) No products shall be publicly displayed or offered for sale from the roadside. c. Nursery, elementary, and secondary schools, public parks and playgrounds, and public libraries. , i d. Churches and similar places of worship. I e. Parish houses, convents and monasteries f. Institutions of higher education. g. Public and private golf courses. h. Private garages and other accessory uses and building, provided that such uses are clearly incidental to the principal use. All the buildings on the lot shall not occupy a greater percentage of the lot area than listed in Table I. 2. R-2 Districts - Two Family Residential a. All uses permitted in R-C and R-1 Districts, except agricultural, horticultural, and flori- cultural operations. ob. Two-family dwellings detached or attached. c. Rooming and boarding of not more o persons. 19, �j DENSITY REGULATIONS SECTION VI Cr j' TABLE I RESIDENTIAL DENSITY REGULATIONS I� R-C R-1 **R-2 **R-3 I� 6 Minimum Lot Area (sq.ft. ) 80,000 15,000 15,000 25,000 Minimum Lot Area per dwelling unit 80,000 15,000 7,500 3,500 Minimum Lot Width (ft. ) 200 100 100 100 Maximum Lot Coverage by all building 20% 30% 35% 35% i Minimum Depth of Front Yard (ft. ) 40 15 15 15 Minimum Width of Side Yard (ft. ) 40 10 10 20 inimum Depth of Rear Yard (ft. ) 100 30 30 30 { aximum Height of Buildings (ft. ) 35 35 35 ***45 i Height of Buil (No. of Stories) 21 212 2J 3 Maxil= Height of Fexes/Baxr1ary Walls (ft.) 6 6 6 6 Distance Beh een buildings on lot 100 40 30 40 i i **These density regulations relative to height will apply to all housing projects even though financed in whole or in part by the U.S. Public Housing Authority and/or Commonwealth of Massachusetts, Department of Community Affairs, Division of Public Housing. Specifically excluded will be housing for the elderly constructed by the Salem Housing Authority. ***Multi-family dwellings building in R-3 Districts on lots held under a single ownership and consisting of a minimum of two hundred thousand (200,000) square feet may be built to a maximum height of 50 feet or four stories in height (2/3/75) . Retaining walls, boundary walls and/or fences may be build abutting the property line. The height of the retaining walls, boundary walls and/or fences shall be measured on the inside face of the structure on the owner's side. Refer to Section VII-G for "Visibility at Intersections." 40. y; r �2 Ctu of -,$ttlPm, C�usstttllusetts Ja Z4 � 0 �11' �nttra of �upeal ;T DECISION ON THE PETITION OF PETER & MARY CASALE ET AL REOUESTING AN ADMINISTRATIVE RULING RELATIVE TO A BUILDING PERMIT (#498=89) ISSUED BY THE BUILDING INSPECTOR FOR AN ADDITION AT 37 WALTER STREET (R-2) A hearing on this petition was held January 17, 1990 with the following Board Members present: James Fleming, Chairman: Richard A. Bencal . Vice Chairman; Edward Luzinski , Richard Febonio and Associate Member Peter Dore. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners, Mr. & Mrs. Casale,are immediate abutters to the property at 37 Walter Street (John Suldenski . Owner) and are requesting an Administrative Ruling relative to a Buildinq Permit (#498-89) issued by the Building Inspector for an addition to the dwelling which is located in an R-2 zone. The Board of Appeal first considered a request by Mr. John Suldenski , the owner of 37 Walter Street, for a continuance of the petition. The Board vote 4-1 (Mr. Febonio in favor) against allowing the request for continuance, and thus to hear the petition this evening. The Board of Appeal heard testimony from numerous neighbors, abutters and others : correspondence was also read into the record, in favor of the petitioners request to overturn the Building Inspector' s decision to grant the Building Permit. After hearing testimony by the petitioners, abutters, neighbors and others, the Board of Appeal makes the following findings of fact: 1 . The property at 37 Walter Street contains two separate buildings on this lot. '� 2. The building under construction has an entrance separate from the main structure. 3. The building under construction is going to be serviced by a separate set of utilities than the present dwelling unit. 4. The Board of Appeal denied this same plan on February 22, 1989. 5. The concept of a two family structure is not valid due to the fact that there is not a common. wall between the two units; nor are they under one roof. 6. Since construction has began a neighbor has experienced water problems in the basement. 7. Substantial opposition was presented by the neighbors, abutters and others. DECISION ON THE PETITION OF PETER & MARY CASALE ET AL FOR AN ADMINISTRATIVE RULING RELATIVE TO A BUILDING PERMIT (#498-89) ISSUED FOR AN ADDITION AT 37 WALTER STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented. the Board of Appeal concludes as follows : 1 . The structure under construction in the rear of the lot of 37 Walter St. is a substantial detriment to, and not in harmony with, the neighborhood or the district in general . 2. To allow the structure to remain would substantially derogate from the intent of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 in faovr of the motion made as follows: That permit #498-89 was issued in error: that it be revoked forthwith and the structure be removed as soon as possible: and that the Building Inspector take immediate action to have said building removed. L ichard A. Bencal , Vice Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Aoneal from this decision, it any, shall be mnoe nurs.iant to Section 17 of I.tc f.'a:s. C^_neral Lams, tai,toter Y^O. ono ih. l! .^._ r:lyd ,,thin 20 days _ ..ltrr ti:_ rin:^ of filing of liu: d�Ci'd_a :'t ::.� o!::ce of ti:^ City Clerk. i':,:,u. nt io F.,ass. G^ncca: L. ^:. - 11, ll to Variance .. r _c.'1 Pe;ant 711ntC 1 11: L i I _ : - - :'r. •! '^:'!a copy of the the CG 1-f C--: .. .: I: t t. : 20 days have a'ar=d,.Id no apoeal has 1:11 oi ;:,.... if :::;h apnea) has been I:;d, that it I'.a5 been dismisseu or .. .. , .--r-17d in the South Esse% nct•rstry of Deeds and indexed uc:icr Itt. :: ;n- .: rve owner of record or is recorded and noted on the ownor's Cer:d:.,.L1 of Ctle. BOARD OF APPEAL (lily of 04&m In the year one thousand nine hundred and eighty-nine An (Orb(aann amending the City of Salem Zoning Ordinance relative to nonconforming structures. Be it ordained by the City Council of the City of Salem, as follows: 459tri039 1. Add the a following sentence to Section VIII, D. 1. . However, if such structure used for sinqle or two-family - residential purposes can be enlarged or altered in conformity with the lot coverage, front 'yard, side yard, rear yard and distance requirements of Table 1 Section VI (Residential ' Density Regulations ) said enlargement or alteration shall not be deemed an increase in the nonconfgrmity of the structure and permissible even though the . lot area and lot width are non-conforming. Section 2. This Ordinance shall take effect as provided by City Charter. In City Council June 22,. 1989 Referred to the Planning Board for review in accordance with Mass. General Laws Chapter 40A, Section 5 to schedule a , joint public hearing' bv a -unanimous roll call vote of 11 yeas, 0 nays, 0 absent " Public Hearing held August= 7, 1989 In City. Council August 10, 1989 -Adopted for first passage by a unanimous roll call . vote of 11 yeas 0 nays, 0 absent Advertised for first passage in Salem Evening News on August 18, .„1989 ; In City Council September 14, 1909 Adopted as amended for second and final passage by a roll call vote, v of 11. yeas, 0 nays, O 'absent Motion for immediate reconsideration in the hopes it would not prevail was denied Approved by the Mayor on September 18 , .1989 Advertised for second passage in. the Salem Evening yews onSeptember 27 198S r� ATTEST: ?JOSEPNE IR. FTY CLERK ✓ate "C�am�nza�uu�a,� a��./��ac,�tu,�e>�6 � wz� C�e ol Aida .lalWtc eta& ,✓Ooarrd ol-OBm"�V A tm and Asch," William F. Weld �ZCf�oxmaa� /&& AV G�""4wy Governor rite S tan - Room -/Jo-/ Kentaro Tsutsumi �oaton, ✓ffawaa4oetla 0,21,08 Chairman -' (617) 727-3200 Charles J. Dinezio Administrator e. February 28 , 1991 o m William H Munroe v �'r' Cc a Inspector of Buildings One Salem Green-2nd Floor Salem MA 01970 r� cn cn Docket Number: 91=020 1, Property Address: C7 Walter Street,aSalem-_ Hearing Date: Marc-H'12—, 1-99-1 Hearing Time: 10 : 00 AM The Appeal for the subject property has been scheduled to be heard on the hearing date and time indicated above. The hearing will take place in the State Board of Building Regulations and Standards . (BBRS) Conference Room (Room 1301) at the McCormack State Office Building, one Ashburton Place, Boston Massachusetts 02108 . The State Building Code Appeals Board requires your presence or that of your representitive at its hearing relative to the above mentioned case. Please bring with you a copy of the record, including any documents, plans, sketches, drawings, etc. , that will help to give the Appeals Board grounds to adjudicate this appeal . Sincerely; THE STATE BUILDING CODE APPEALS BOARD Kathy McNeil Administrative Secretary P 273 079 473 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) e t to John Suld Street ando 31 u.5al-Fer 5}. N ? Postage 5 Certified Fee L Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N' Return Receipt showing to whom, Date,and Address of Delivery d j TOTAL Postage and Fees 5�1 C; 6 mPostmark or Dale !✓1 E `o LL IL IL 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,stick 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 certified 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- mlis.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If 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. If return receipt is requested,check the applicable blocks In Item 1 of Farm 3811. 6. Save this receipt and present it if you make inquiry. *U.s:G.vo.1een23a-e55 • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the arson delivered to and the date of deliver . For ad itional ees t e allowing services are avails e. onsu t postmaster or ees an eck ox es or additional service(s)requested. 1. Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Mr. & Mrs. John Suldenski P 273 079 473 137 Walter St. Type of Service: egistered Insured Salem, MA 01970 ertified El COD uu Express Mail ❑ Return Receippt for Merchantlise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Sign e — Addressee 1 8. Addressee's Address (ONLY if X ���>� w requested and fee paid) 6. Signature — Agent X g 7. Date of Delivery PS Form 3811, Apr. 1989 iU.S.G.RO.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I I I OFFICIAL BUSINESS SENDER INSTRUCTIONS adders and NS Print your name,address end ZIP Code in the specs below. • Complete items 1.2.3,and 4 on the U.S.MAIL reverse. �(] • Attach to front of article If space permits, otherwise affix to beck of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested' adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO William H. Munroe One Salem Green 2nd fl. Salem, MA. 01970 Citp of harem, Alaoubuatto �P Public Propertp Oepartment Aluilaing Mepartment One *alem Oreen 745-8505 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 24, 1990 Mr. & Mrs. John Suldenski 137 Walter Street Salem, MA. 01970 RE: I 137 Walter Street, building permit application Dear.Mr. & Mrs. Suldenski: Please be advised that your building permit application to add to and alter your property located at the above referenced property must be denied at this tune. As you are aware, there is presently an issue befointhe court regarding the property. Until that issue is resolved, this office has been advised by council not to issue any further permits. Once this matter is resolved, I would be pleased to review future permit applications. Enclosed you will find your permit fee check and submitted materials. Sincerely, William H. Munroe Inspector of Buildings WHM/jmh c.c. Mayor Harrington Kevin Daly Councillor Hayes Certified Letter Receipt # P 273 079 473 J 1 342 JOHN J. SULDENSKI VIRGINIA SULDENSKI P. 0. BOX 712 SALEM, MA 01970 ism 53-92/113 f .Iq PAY __....—._._. �. TOTHE ORDER OF �' $ 3A VO DOLLARS Century NwreBank - Lynn, nn,MasMassachusetts 01903 t FOR 3 ? L(.�/ L T/.✓� S / 11000034211' 1:0113009221: 11' 222 65411' Sa.Cem F vLe Depa�ttmenz FtvLe Pneverztton Bwzeau 48 La6ayette St-�Leet SaCem, Ma 01970 ( 617 ) 745-7777 FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT In accordance w-t-th the pnovi-6-ton 6 o4 the M" ,aachu se-tti, State BLL-Lzd.,ng Code and -the So-Cam Fig e Code, appP i.cat�:on -ice, hereby made bon. appnovae o6 pea" and t1i.e i-,mance, o4 a ceiti4.icate o4 appnova.0 4orL a bu-&tiding permit by the SaCem F-vLe Department. (Re-4. Sect-ton 113. 3, Ma State BCdg. Code) Job Location: 37 /1�LTF/ S / Ownc�L/Occupant: Elect LC.tca Con actor : / �l C P L 17- F-vice Supp'Le-64Zon ContJLac-tor.: S-t natwLety g1 � t 1e9� AppCicant: Phone # : '7C1G 3c9, 0 Add,e-64 06V City on Appy cattit: --z. v l�L7F�� S� Town: App�LovaC date: ' D _ a C) Cc,ti6icate 06 appr.ovaC t/5 her.eby granted, on appzoved pCan,6 or. 6ubmtttaC 04 p,Loject detatZ-6, by the Sa.Cem Ftie Department. A-Pt pea" ane appn.oved ,�,okeey don idenai4tcaatton o4 type and .Cocatton o4 4- e protection dev-ice-s and cgUi.pment. A-C.0 pP-aru, ar.e hubject to appr.ovat o4 any other. authority having juL-ud.i,cti-on. Upon comp.Cetioa, the appZZcant on .tr,5taECer.(4) zho-et n.equc,At an tnzpect-ton and/on. test o4 the 4d�Le pnotect.ton dev-tce-6 and equ,iPpent. ( ** FOR ADDITIONAL REQUIREMENTS , SEE REVERSE SIDE ** ) New corv,truct.ton. A Property Zoca tion Rai, no compt i.ance with the pn.ov L6ton s o4 Chapter. 148 , Section 26 C/E, M. G. L. , neCat.tve to the ,i,"taCatton o4 apprLoved 4Z�Le atavism dev.tce-6. The owner. o4 tht4 property i,6 r.equ-vAed to obtain compZZance " a condition o4 obtc-Lntng a BLL-f�tng Perm-(t. Property Zocatton .i.6 in comptZance wtith the provtdton/, o4 Chapter 148 , Section 26 C/E, M. G. L. Exptiuvtton date: Stgnatu,,e o4 FiAe O44tc-iaC Fee duz: under 7 , 500 Sq. Ft. - $ 10. 00 Plans must be filed and approved by the Inspector before a permit for erection will be granted, duplicates of which when approved by the Inspector shall be kept at the building, du; the progress of the work. City of Salem = No. 1,canwrt- ward Cl) o . n m o — �-r APPLICATION ;va: FOR N is PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address 1-0 ;1,) -t V/JeG-in/1/9 5 u L 7 k�<},LTF.E g J' Architect's name Mechanic's name and address Tohn .Sf3Mr Location of building. No. 3 7 it/,4 L-Trr S T What is the purpose of building? Fq^^t s'y /lOVSF Material of building? ft/00 D If a dwelling, for how many families? Size of Addition: No. of feet front, ' ; No. of feet rear, 6 ; No. of feet deep, — No. of stories? No. of feet from the level of the ground to the highest part of the roof? IN F r How near line of the street? 3 FT How near line of the adjoining lot? R 16./4 F S IOF_ /.h FT [ Fr S/oeyo Fr Jr - /7' ' 0TFr What will be the means of access to the roof? Size of floor timbers, Ist ; 2nd ; Srd ; 4th-:5th Span,. Distance on centers? Size of carrying timbers? w.. Distance of supports on centers? r fit. What kind of support? Will the building be erected on solid or filled land? 0 L What is the material of foundation? Will the roof be flat, pitched, mansard or gambrel? ---Pi TC#f_'/) r Material of roof'covering? }fSpyAV&T will the building be heated by steam or hot water or hot air1� oT WA TE . No. of brick walls? Where located? Thickness? Will the building conform to the requirements of the law? _ { H j( Estimated cost S-0 0 Signature of applicant REMARKS �ppyy5IGNED UNDER THE' sWNALTY 0 P R tJ Y MoD / Fy EY15T.Nz- Pj?M, % C oN P_'GT-eG- FXf 571NG Faua 90 Tr ow To ME w•,q q pt Ti-4 IV �s cto N l w/Tli A Fov-,ogi/ems/ , En/ GLOS-E 'E)f15TilvG. PE .A,7-,Q 4/PEF'zF Y f90,0 Td F1?0uA/T J9Np /j�SA/� AS ldE2 IOLNNd'S To MAIfE N6r✓ FpouA/T�yE �O/tf /t/F�✓ /9�'0// /DAI r _ _ , `/�FN-TNG C OAa nA oN /a 9.PT Cti fi?-,- syr .ASN, C No. Ward APPLICATION FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Location 5 PERMIT GRANTED 19 Approved - Building Inrprctor - g �ov A!J (^oc V- � 3. Yo \\H OV AIAff.\ ROBERT 3 KEEFE No. 12305 0 AAA-P Z7 ,�'FfCISTLR ARCA /a (oDo S.F o. ,At J PIZE W S o Cq S n L C fJ1�_ Nre—� N a 1wJ 0 Fouw�Ariou � � (,1Ji9LLS I � N 2.5, I 9 $E�oNGln16 -r0 �ULjj�NS K..\ *37 SHOW jo\1 4-XC 5rlAJer - A\S- $v,%�T l._ocATluti1 mP pusEtu�Y, 'FbokibATsa^j I.VQLL.S of ZoluiaG )Z- Z \,\N U,V 04" � ! A. KEEFEF E (0 06 \ tsjos '-'- WA LTG 2 ST. r i i �1 a --- NOTG .t 'L _ ADUi7ioNf+L tQ FT �; ',%__: _i �i _OF [vT CdLI&P-6D yo SQ F7 —ic I cvZGFzt L 1 vj t I . 11D0/7/61u'4L :Z F1 OF.Z-0r .4 �t-..� 1 . . > j COVE2FD /NCLUC7/N� DEG�C /-74) � , r II ; v- 4L ! 1 c I I 4,0D17/O1V4c. SQ FT OF LOT CaUGZ-44 APPROM Subject to approval by any otbar authority having juriadictiam. CITY of SALEM,MASS. - FIRE PRE_F=ON BUREAU BY— IWE IRE AQP OOM OF FIR FOR 10E TIHTion DEVICE& .E AND...... ...1 -1 nF'JR PROIFCI�R1E�TO A ' {2 c uu rpEs. Frw SEE Ak�76 ./ , 7 — i -p A10TE-3 /1)67&0 ,26,ge � I COV6R/�t1C� Z'! Q FT JZ r s Zy IZ C i .' Doo2 i J r• %{ -I I. _..-._ - .--r-` . ----------- 1-7 I ,4o tlZ "rIIN6 0n1 �•; ;,, CO/�'//yION PfI.eT�/ G</AGL LOT ZON�NC, ZEQwjCMEN7S e 6 -0uE — - --- l3oTH 51oE5 /-0T CoyE2RG, E 35 `or 9 e6R /016005Q FT ') �� Tv TAG AGGGY✓A/3GE 3 711)1le:7 4 e INc[.UD//U67 ti107ES 2 3 i 7l s o Pi SCALE: I - V" APPROVED BY DRAWN BY DATE: s,il y U ✓�+t� 1�t,� I '� I i.r' � 11)i�� t✓='Y �i F L T-i Q DRAWING NUMBER �y It i �4i' HoUSF -� I1 � .1 ,- Z", \ .. i I I I I V aRw��f I _ I I I I I NdU� �i I I I i M� 14 i - SCALE: ' IQ APPROVED SV DRAWN BY L DATE: e �I i i 121 i I "z'. �� !✓ I �. DOXIWAk AF LOT COVp_ I ii ►p i i Gk� I �9 ci !: i ! f G V-4✓ - wig , NOTA IR J � cr i � . ! 10 \ (ADD, 100A � op Vit.%� 1 P16r"E ;'1 1, 77 tj!'Go 1 So lao „ t i APPROVED t to approval l Z ' 4 a by any other , ' authority having]uris li don' V CITY of SALEM,MASS. FIRE pREVJE WN RIJj;EAU BY PLANS ARE AMOVE6 SOLELY FOR IbENT04 C_Oi!�1F� TYPE AND OCATICY CF FIRE PROTECTiDN bEVKCB:� ALL FIR P qm rO', DEVICES t.F.E:7HJHCT TO A' -- - • hN F ST f*, o INSPECTION,FOP OMPLETEeGI xriuu 121d' l l2 • G�IZ-�•��N'r - _ rc,r7�K, ��Nr -�. � �IG,t� tw 2f��•�.� cWur f. � w�,� rlo�+ � � °„ �•I°I r�Tr IN'NL. PHfI2—f , 3 w , NDTF'3 Ne,w Ri.HR tluEr�R . r/Fw' 216 PO2CH + STA lRs _COKE-Qin,G [, Mi. ,^'4';cF�{ 34 Sn FT VFY�Iz rz!i!L .I DOO :>J 14 C( rr,:J� HOUR ..;ROS &- ��rn PARTS WOW- 6, 5A G � L3�TH �'�®_ 7 � LoT CG n --_--- I O, Cp OCA SQ FT IL r� � 71 S<� I-— � 0 T O Lo7-C6Vrgg6€ 'iJ�LUpry� 3 ,f 17 S FT 3 Y-VVrr 2 Y N 'ATI011 bF SCALE: X I i I �,v' APPROVED SY D'cmro; DRAWN BY -,CT TO A - DATE: �y LE-11 r—_� �a = � N i ON% ,;4 //, i 6�Y u 41J i I r` �r i 1 it L REAR i ji I :t-(LIL�t G I HowL � i I s7 H1-- Lt'rf2� SAI.Fr� Y . SCALE: APPROVED BY DRAWN BY G .__ DATE: ._.� - DRAWING NUMBER ��S �a�� ��'1 �� 1>, �oG AN �ocKE OF �gs� o� ROBERT `yc � 3 • `fo s 0. KEEFE No. 12305 0 i �FCIST0L ` ILA MASS z7 L07 345 ARBA /o ("Vo S,F cLNpSZEwS 0 CA 5A LG PRofDSeD BREF-ZEW4y NEW / I 0 Fpu�ATiou I i N I 2,5 I 1N SQL-ENS s '`37 S HOW w a ExiSrnvG CD co wui a• LocATIuN OF �-' ? wa TIwE'cu�t's 'F-oJaDATIoN W40-S OF v w A ,, p �LL 1,��fl.J 151 TIc>P.-3 l' NOv�J1C3rc2 131 198q = Zo d U F W U o ZoN,a c> V- 2 P`\H OF /dq % f / A. KEEFE '��`_ 67.o o W �' P 12:105 p i f2- SST. a-' &tv of 2IlEItt, �ffitISSaC4"CtNIJILDING DEPT Pepartmettt of tthlie arks ` ( tlettlem C1rectl FEB 8 9 06 ��uncr+c' RECEIVED GEORGE E. WHITTIE, P. E. CITY OF SALEM,MASS• City Engineer Director of Public Services February 8, 1990 Mr. John Suldenski 37 Walter Street P.O. Box 712 Salem, MA 01970 ARE-:Addition at 37 Walter Street ,2_; Dear Mr. Suldenski: On January 29, 1990 you requested that I write a letter detailing my observa— tions concerning a possible spring at the excavation for the above addition. On October 26, 1989, I received a request from Ms. Sally Hayes , tie Ward Councillor, to investigate the existance of a spring that was unearthed by the excavation for the addition's foundation. Subsequently, on that date [ visited the site and observed a dry exavated area. I observed no indication of a spring on that date. Please call if you have furhter questions. Very truly yours, George E. Whittie, P.E. City Engineer Director of Public Services GEW/cmc . cc: Ms. Sally Hayes Mr. William Munroe CITY OF SALEM - MASSACHUSETTS KEVIN T. DALY Legal Department LEONARD F. FEMINO City solicitor 93 Washington Street Assistant City Solicitor 508-74540500 Salem, Massachusetts 01970 508-921-1990 October 22 , 1990 City of Salem Board of Appeals One Salem Green Salem, MA 01970 RE: Suldenski v. Board of Appeals, et al. Dear Board Members: Relative to the above-named matter, please be advised that Judge Ronan has denied Mr. Suldenski's motion for summary judgment. The case will now continue through its various stages toward resolution. I will keep you informed of any progress. Thank you for your attention. Very truly yours, Kevin T. Daly KTD/ask TrM m G.za z r.,n s✓ n n, rn y oC= Citp of ba tem, Anncbugetto Public Prupertp Mepartment Nuilbing Mcpartment One Oalem green 745-9595 4Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer AFFIDAVIT OF WILLIAM H. MUNROE Now comes William H. Munroe who deposes and states as follows: 1) I am employed by the City of Salem and my job duties include Director of Public Property; Inspector of Buildings; and Zoning Enforcement Officer. 2) I am familiar with the plans for the proposed additional dwelling unit of Mr. John Suldenski at 37 Walter Street, Salem, Massachusetts. (a copy is attached hereto) 3) Mr. Suldenski's lot size at3Walter_ Street_is approximately 10, 655 square feet. 4) Mr. Suldenski's existing dwelling unit covers approximately 1, 451 square feet. 5) Mr. Suldenski's proposed additional dwelling unit will cover approximately 968 square feet. Signed under the pains and penalties of perjury. Dated William H. Munroe pg1Ml.! * L i JOSEPH F. COLLINS 3 LEONARD F FEMINO ASSISTANT CITY SOLICITOR ♦r — J ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET mv'�e.�' 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND 22 SO. MAIN STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET TOPSFIELD, MA 01983 CITY SOLICITOR BEVERLY, MA 01915 745-4311 745-4311 887 6401 93 WASHINGTON STREET AND 921-1990 PLEASE REPLY TO 22 SO.MAIN STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01979 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET CM C� E3 < G C) �1 — ^1,1 �• December 5 , 1989 m`= 4f1 n William H. Munroe, Building Inspector m s �i City of Salem N cz One Salem Green Salem, Massachusetts 01970 Re: 37`walter_Street,_Salem.� Dear Mr. Munroe: As a follow-up to our meeting of December 4 , 1989 , please be advised I have had an opportunity to review the recent amendment of Section VIII D of the Zoning Ordinance as it relates to the proposed enlargement and/or alteration of the structure at the above location. As you are aware, an amendment of Section VIII D 1 was adopted on September 18 , 1989 . This amendment provides that non-conforming single and two-family residential structures may be enlarged or altered without the benefit of a special permit provided the same can be accomplished in conformity with existing density requirements excepting lot area and width. In the instant case, the proposed enlargement and/or alteration is essentially a new separate structure. While admittedly it is attached to the existing structure by a small breezeway, it is nevertheless, in my opinion, a separate structure. It is further opinion that it was not the intent of the recent ordinance change to allow for essentially an additional structure to be constructed on a lot containing a non-conforming residential structure. Rather, the intent of the change was to allow for dormers, porches, additional living space and the like. f _ Z _ Accordingly, it is my opinion that the proposed additional structure at the above location violates Section VIII D of the Zoning Ordinance unless a special permit is obtained from the Board of Appeal pursuant to Section VIII F of the same ordinance. y trulyours, ichael E. O'Brien City Solicitor MEO/jp cc: Mayor Salvo Board of Appeal 1 V. KEVIN T. DALY 3 .r 1' I -' LEONARD F. FEMINO ASSISTANT CITY SOLICITOR T% :,r.3� 1r2 ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET "'^'' 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 745.4311 CITY SOLICITOR 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 - mr 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET C3 C=1 [- 'n m �_ March 30 , 1989 i - 2 - As to the second question, Section VIII D. 3 . of the Zoning Ordinance provides that when a nonconforming structure is moved for any reason and for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. An examination of the site plan of the proposed relocated structure and proposed addition shows that while it would be in conformity with most of the dimensional regulations for an R-2 Zone, with the exception of frontage, it would clearly not conform to the density requirements . As the existing lot area is only 10 , 505 square feet, the proposed addition and relocated existing structure would require appropriate relief from the Board of Appeal as to lot size and lot frontage. This is not a case of alterations within the existing "footprint" of existing nonconforming structures wherein it could be argued that alterations within the footprint do not enlarge or increase the nonconformity of the structure. Here the proposed alterations extend laterally over the lot. Accordingly, in my opinion, the answers to the questions you have posed to me are as follows : 1. No 2 . No. truly you "�, Michael E. O' Brien City Solicitor MEO/jp cc: City Clerk 10, rHolyoke Mutual Y ,3 Insurance Company i in Salem Holyoke Square,Salem,MA 01970,Tel.(617)744-6123 Form of Notice of Casualty Loss to Building Under Massachusetts General Laws, Chapter 139, Section 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen IDWn bi JgIPM_ addresses Saie�►,, (h0� RE: Insured: "Ctl IIZAS Property address: 1 -7 'Tern, Yom_ Policy No. IlJOZ Loss of 14 -I 19 File or Claim No. a.d gam Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000.00 or cause Massachusetts General Laws, Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. �t roar �er� _itl On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. ��WIAUA Sig a re and date 145-767 u Our heritage comes from Dr.Edward A.Holyoke,1728-1829.Pioneer of medicine and patron of the arts. RUILDING DEPT October 30, 1989 110V 2 8 1,,6 AM `89 RUCcIVE0 CITY CF SAL. Ell,MASS, Mr. William Munroe Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Dear Mr. Munroe: We are writing to you in regard to property located at 37 Walter Street in reference to the granting of apermit to Mr. John Suldenski allowing an additional dwelling unit to the existing lot. The questions that arise at this time are: 1) Is the existing dwelling on the records of the Building Department as a one or a two family structure? 2) If already a two family structure, this additional unit makes it a three family unit lot. At the present time, the unit at 37 Walter Street is zoned in an R-2 area. We believe that the intent of the new Zoning By Laws Amendment Section 8, D-1 (page 8.5) was to allow an enlargement or alteration of a present structure, and not to build another structure using an insignificant attachment to stay within the law. Future homes of this type will completely change the neighborhood composition which has homes close to the street and utilizes backyards for family events and privacy. It is our belief that itis over burdening the lot with this new structure. If the intent was to make it a two family unit which it is at present (according to our information), why not keep it as such? The present Permit #498-89 dated September 26, 1989 posted in the window at 37 Walter Street is for a 12 x 16 family room and a 10 x 10 deck. However, plans marked with Permit #498-89 and marked received at the Building Department on October 23, 1989 clearly shows a two-story structure. We are upset that a permit was issued for additional work of this magnitude without public notice or notification of any kind to direct abutters and residents of the neighborhood. Signatures on this letter are from long time residents of the neighborhood who are concerned with keeping the integrity of the neighborhood and who are concerned with environmental ramifications this additional structure will place on an already overtaxed street. We the undersigned request that you review the permit granted to Mr. John Suldenski for 37 Walter Street and put a cease and desist order on any further construction until an administrative ruling can be made by the Board of Appeals. � I Mr William Munroe, Building Inspector City of Salem October 30, 1989 Page Two We ask for a speedy reply. Time is of the essence in this matter. Please direct your reply to direct abutters, Mr. and Mrs. Peter A. Casale of 39 Walter Street. Sincerely, (No,4 oA � -- �U - 4�7 ,a te 39 Walter Street � D t�yliUGl"t Salem, Massachusetts 01970 J tn P 811 842 029 5. CERTIFIED MAIL - Mr. William Munroe RETURN RECEIPT REQUESTED Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 -�- 'i i '1: (tlit of 1$a1vm, C,[ttssar4use##s Jai 0 �uttrb of � real FI` E . DECISION ON THE PETITION OF PETER & MARY CASALE ET AL REQUESTING AN ADMINISTRATIVE RULING RELATIVE TO A BUILDING_PERMIT.(#49-889-)_ISSUED BY THE BUILDING INSPECTOR FOR AN ADDITION AT 37 WALTER STREET (R-2) A hearing on this petition was held January 17, 1990 with the following Board Members present: James Fleming, Chairman; Richard A. Bencal , Vice Chairman; Edward Luzinski , Richard Febonio and Associate Member Peter Dore. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners, Mr. & Mrs. Casale,are immediate abutters to the property at 37 Walter Street (John Suldenski , Owner) and are requesting an Administrative Ruling relative to a Building Permit (#498-89) issued by the Building Inspector for an addition to the dwelling which is located in an R-2 zone. The Board of Appeal first considered a request by Mr. John Suldenski , the owner of 37 Walter Street, for a continuance of the petition. The Board vote 4-1 (Mr. Febonio in favor) against allowing the request for continuance, and thus to hear the petition this evening. The Board of Appeal heard testimony from numerous neighbors, abutters and others; correspondence was also read into the record, in favor of the petitioners request to overturn the Building Inspector' s decision to grant the Building Permit. After hearing testimony by the petitioners, abutters, neighbors and others , the Board of Appeal makes the following findings of fact: 1 . The property at 37 Walter Street contains two separate buildings on this lot. 2. The building under construction has an entrance separate from the main structure. 3. The building under construction is going to be serviced by a separate set of utilities than the present dwelling unit. 4. The Board of Appeal denied this same plan on February 22, 1989. 5. The concept of a two family structure is not valid due to the fact that there is not a common wall between the two units, nor are they under one roof. 6. Since construction has began a neighbor has experienced water problems in the basement. 7. Substantial opposition was presented by the neighbors, abutters and others. DECISION ON THE PETITION OF PETER & MARY CASALE ET AL FOR AN ADMINISTRATIVE RULING RELATIVE TO A BUILDING PERMIT (4498-89) ISSUED FOR AN ADDITION AT 37 WALTER STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows : 1 . The structure under construction in the rear of the lot of 37 Walter St. is a substantial detriment to, and not in harmony with, the neighborhood or the district in general . 2. To allow the structure to remain would substantially derogate from the intent of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 in faovr of the motion made as follows: That permit x498-89 was issued in error; that it be revoked forthwith' and the structure be removed as soon as possible; and that the Building Inspector take immediate action to have said buildinq removed. L ichard A. Bencal , Vice Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Acpeal from this decision, if any. shall be mode Pursuant to Section 17 of t„c f.'!=. General La Ns, Ch,optcr Y.^^., anrt chi 11 h_ idod within 20 days ,:ftrr ti:_ da:n. of film{? of Ibis r;acioicn ri :LC oti,ee of the City Clerk. i';rr.u.'nt ;o Mass. General L i%.-. ,. . ._,:;m 11, f7e Variance . . .,,.coil Permit grant J hr w i :,.. :r, r.+ :Ci:! a copy cf the bce:n n� the cCill•,C, uo:; .. . :..v .._.I: tl;.t 20 days have N:;pJCd ..nd no appeal has bccn fib. .: u, G,..t, if s:ch appeal has been b:_d, that it 1'.as been dismia eu or ._.--1 r:-r.rdcd in the South EsseX Registry of Deeds and indexed ucder th; n im^_ r Pre owner of record or. is recorded and noted on tho ownar's ccrtu:..:co of Ime. BOARD OF APPEAL Citp of *arem, f aaacbm5etto ulna .Public Propertp ;Department �wrnned�' J3uitbing ;Department One halrm green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 7, 1989 Mr. & Mrs Peter A. Casale 39 Walter Street Salem, MA. 01970 RE: 37 Walter Street Dear Mr. & Mrs. Casale, This will acknowledge receipt of the letter drafted by you and your neighbors regarding the building permit issued by this office for an addition to property located at 37 Walter Street . In response to your questions: 1 . Department records show the dwelling as a two (2) family residence. 2. The dwelling will continue to be a two (2) family dwelling when completed. It is the position of this department that this addition conforms to the zoning changes recently approved by the Planning Board, City Council and the Mayor and that with the absence of any Variance or Special Permit re- quirements from the Zoning Board of Appeal that no notice to abutters was required. I can understand your feelings as long time residents, but this depart- ment can only enforce the laws given to us and in this case there is no violations at this time. If you disagree with this opinion please be advised of your right to appeal to the Zoning Board of Appeal. - - Sincerely, William H. Munroe Inspector of buildings WHMeaf C.C. Mayor City Solicitor City Clerk Ward Councillor • , . :.. r. .: r t :. :. <n ♦ .: :. .,. _ n. .. • . . • .. '.1 ., r .. a r,. , v ... , , r ' • .M • -, - r. J s F ir E e --- ' F r r f= 4 / a J ' f . G{ , r ter•- . .,.' — .. _ _. .. .. I. 2 -- PS-2 ---- _ T_ — - — -r'o P of Plh'T>✓ T� �FF1'f - , 1: koo IE rc ` t0 c n;' o la, V-,NL-I�G K N Z -- I —1"�fes"rags - _�c R Off.) t -'_pot;—: Gr~ aEcW-- ---I - - rte. I,<io 15K4 9--r ea--F-O - LO Alp P-0 10 , T Go4c," 'F�r�Darflot4 1 JN-L- I' I I I p„� colic d1 N I � �ns�Mrra.Fr FI m� IzI6-HT SIDEELE..VATIDf-� ^Olt o � A AM r mm Lo o AS�NP�-T SNIV IC,I- GOT _ IDG' F cIEh�T — L GOr•�GCA4-F� M?l- __ � �,� �n O t / 113" e4, lAD '3 I c b IZL tc P D, �JE��l Ira Lx� 10 t Top of L CDdT, SOFFIT Jr--O n - N PSR-acro , _ I,Xc:"e I-ITr,- r-- - _ - ,� _ , r ,. .. :. ♦ . : _ , :- • ,.,. 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Go-I'I i L FbL I! 2 E21�iZ J) d Yo" �r1PAcTF� �rza�/E�- � 1 ca Drawing Number 17 QT Cftp of harem, 01noubuOttg Public Prupertp Mepartment �phaar 3suilbing Mepartment One Fsalem Green 745-9595 CA. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 17, 1991 DEMOLITION OF TOWNHOUSE BUILDING -7;i^7aTter Street Bids are requested for the demolition of the unfinished Townhouse building ONLY located at 37 Walter Street. The building is a wood frame structure covering approximately 968 square feet. The successful bidder will be responsible for contacting all utilities having service connection within the building and obtaining a release from the utilities. The successful bidder will be required to notify Dig Safe Call Center at 1-800-322-4844 prior to the start of demolition and put the Dig Safe number on the demolition permit application. The cellar hole will be leveled to match the adjacent grades and filled to match these grades with non-organic fill. A demolition permit must be obtained and must include all necessary construction license numbers. Proof of sufficient Insurance coverage must be provided prior to the issuance of the permit.