51-53 WASHINGTON SQUARE NORTH - BUILDING JACKET
I
CITY OF SALEM MASSACHUSETTS
m
m BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
P TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL 2717 f'_'� 2`,fi A 11: t,3
MAYOR J
December 28, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of WILLIAM WHARFF, seeking a Special Permit to change one
nonconforming use to another, and a Variance from lot area per dwelling unit, in
order to convert a three-unit bed and breakfast to three individual dwelling units,
on the property located at 51-53 WASHINGTON SQUARE NORTH (R-2 Zoning
District).
A public hearing on the above Petition was opened on December 15, 2010 pursuant to
Mass General Law Ch. 40A, § 11. The hearing was closed on December 15, 2010 with
the following Zoning Board of Appeals members present: Robin Stein, Rebecca Curran,
Richard Dionne, Elizabeth Debski, James Tsitsmos (alternate), and Bonnie Belair
(alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.2, and a Variance pursuant to
Section 4.L I, of the City of Salem Zoning Ordinances.
Statements of fact:
I. Attorney Scott Grover represented the petitioner at the hearing.
2. In a petition date-stamped October 27, 2010, petitioner requested a Special Permit
to change one nonconforming use (Bed and Breakfast) to another nonconforming
use (multifamily use).
3. The building at 51-53 Washington Square North currently consists of two
condominium units — one is a single-family residence, and the other is a three-Unit
Bed and Breakfast.
4. Petitioner seeks to convert the Bed and Breakfast to a three-unit residence.
5. At the hearing on December 15, 2010, two residents spoke in support of the
proposal, saying the change in use would be positive for the neighborhood. No
one spoke in opposition.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and ager thorough review of the plans and petition submitted, makes the
following findings:
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I. Special conditions and circumstances exist affecting the parcel or building,
which do not generally affect other land or buildings in the same district;
and literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant; as the
building is very large for the lot on which it is situated.
2. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, as the proposed residential use would be
less intense than the current commercial use, and sufficient parking is
provided.
3. 'The applicant may vary the terms of the Residential Two-Family Zoning
District to convert the Bed and Breakfast to a three-unit residence, which
is consistent with the intent and purpose of the City of Salem Zoning
Ordinance.
4. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Variance from lot area per dwelling unit is granted to allow the
conversion of a Bed and Breakfast to a three-unit residence.
2. A Special Permit is granted to convert one nonconforming use to another.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein,
Curran, Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests
for a Special Permit and a Variance subject to the following terms, conditions, and
safeguards:
1. 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 the new construction shall be in harmony with the
existing structure.
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G. A Certificate of Occupancy is to be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
S. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
Elizabeth Debski
Salem Board of Appeals
A COPY OF'II IIS DECISION HAS 13EEN FILED WITH TILE PLANNING HOARD AND THE CITY CLERK
Appeal front this decision, if any, shall be trade pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
CITY OF SALEM
PUBLIC PROPRERTY
DEPARTMENT
\lAtl.g 12C W.W" •S.1L'c%1. Sf.KS.\1::/l ,1:1 s:19/C
Tfi:976-7434595 •F.-M 9711-74C-9846
Construction Debris Disposal Affidavit
(required for all demolition alul renovation work)
In accordance with the sixth edition of the State Building Code, 780 Cb1R section 111.5
Debris, and the provisions of M. GL c 40, S 54;
Building Permit # _ _ is issued with the condition that the debris resulting from
this work shall be disposed of in a properly licensed waste disposal facility as defned by MGL c
l 11, S 150A.
The debris will be transported by:
lam✓r T ZAC�l_
(112Ne of hauler) -
fhc debris will be disposed of in :
w1r Lis koc-2
W=c of facility)
laddrei. oI facihly)
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i
CITY OF SALEM
PUBLIC PROPRERTY
DEPARTMENT
nl]IRk RUY URi-WOLL
MAYOR M�WASttINGION STREET • SALEM.MASIACII :%rr(Sfr1972
TEL_978.74a9595 • Fa:978-740.9846
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
Nime tHu<iiiess/OrganizatioNtndividual): t it T 4 G
Address: S7 )�AT- A4j Q_
City/StareiZip: M4 rSy F-B Phone ft: 4 9712- 72'Y f-16 21 `/
Are you an employer?Check the appropriate box: 'rype of project(required):
1.❑ 1 am a employer with 4. ❑ 1 am a general contractor and 1 6. ❑ New construction
employees(full and/or part-time).* - have hired the sub-contractors
2.[ 1 am a sole proprietor or partner- listed on the attached sheet. : 7• ❑ Remodeling
ship and have no employes These subcontractors have S. ❑ Demolition
working for me in any capacity. workers' comp. insurance. 9, ❑ Building addition
[No workers'comp. insurance 5. ❑ We are a corporation and its
required.) officers have exercised their 10.❑ Electrical repairs or additions
3.❑ 1 am a homeowner doing all work right of exemption per MGL l l.❑ Plumbing repairs or additions
myself. [No workers' comp. c. 152, §1(4),and we have no 12.❑ Ruofrepairs
insurance required.) t employees. [No workers' 13.29 Other C14 ,tlydr.4 Acp®i4t2
comp. insurance required.]
-Ally applicant that checks box#1 most also fill out ncc section Wlaw showing their worklara compensation pulicy Infstninawra
' i lom wwrers who submit this affidavit indicating they are doing all work and then him outside cuniraclorx must submit a new affidavit indicaling such.
C]xitrxaus that chuck this box matt attached an additional shed showing the name of the sub-contractors and their workers'comp.policy information.
!um fair etaplayer that Ls providing workers'compensation i isurnnce for ary employees. Below is the polity and job site
irrfonnutuan.
Insurance Company Name: -_,-.__. _
Policy 4 or Self-ins. Lic.1f: ... Expiration Date:
Job Site Address: Cityistate/Zip:
Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).
Failure to accuse coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
tine up to S1.500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day aguinst the violator. lie advised that a copy of this statement may be 1'orwmrded to the Office of
lilVeNngaliuns ufthe DIA for insurance eoverugc verification.
l du hereby certify annd v the pains arrd pe asnl'ics of perjury that the information provided above is true and correct
Sig•:lalure' """ Datc' ?/A/0?
ent,l:e:7: Jt- 97Y—t{J�'2C/ mS 5-0t1; wqg— 93 ;> 2
Official rise only. Do not ivrile in this area. to Be completed by city or town 4icial
City or'rosvn: _ _ Permit/I.iccnse#
Issuing Authority (circle one):
I. Board of Ilealth 2. Building Department 3.City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector
6.Other
Contact Person: ---- Phone #:
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees.
Pursuant to this statute, an employee is defined as"...every person in the service of another under any contract of hire,
express or implied,oral or written.-
.."employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more
Of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the
receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house
or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or
renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required."
Additionally.MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if
necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of
insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the
members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the permit or license is being requested, not the Department of
industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy,please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate line.
City or Town Officials
Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom
of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to till in the permit/license number which will be used as a reference number. In addition,an applicant
that must submit multiple permitilicense applications in any given year,need only submit one affidavit indicating current
policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or
town)."A copy of the affidavit that has been officially stamped or marked by(he city or town may be provided to the
applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be tilled out each
year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture
(i.e. a dug license or permit to bur leaves etc.)said person is NOT required to complete this affidavit.
l'lic Ottice of Investigations would like io thank you in advance fur your cooperation and should you have any questions,
please do not hesitate to give us a call.
The Department's address, telephone and fax number:
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE
Fax#617-727-7749
Revised 5-26-05 www.mass.gov/dia
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PUBLIC PROPERTY
DEPARTMENT
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1�w�tMIN[''tnN •&MAK M&UAO1lS&MM01970
M.9747i19S9y*FA1C 97L7i0.9610
APPLICATION FOR Tim REPAIR, RENOVATIQN CONSTRUCTION
DEMOLITION OR CAANGE OF USE R OCCErp,�CV FOR ANY EXISTIN
STRUCTUFM OR BUILDING
[PropertyAddresw
.0 SITE INFORMATION "
ocadon Name: i3uilding:- . _ _--- .- --
Properly Is located U a;Conservation Aroe Y/N Historic District Y/N
F
0 OWNERSHIP INFORMATION
Owner of Land
me:dress
Telephone:
3.0 COMPLETE THIS SECTION FOR WORK IN EXISIWG 13UILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use New
Demolition Existing
Approximate year of Area per floor (sf) Renovated
construction or renovation
of existing building New
Bdef Description of Proposed Work:
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tJ Tlf Al j-0 F49 S V,•,�y -•1I
-- -- Mail Permit to: l -- - -
J
What is the current use of the Building?
Q It dwelling,how many units?------
Material of Building? W° Asbestos?
Will the Building Conform to Law?
Architects Name j
Address and Phone f�r
ch d) 7 Aar
Maenic'sNanr r), Ayf DA^J`�¢as 9�ts 77Y-yd��
Address and Phone rTi« 2 4 9 Y HIC Registration•
ConaVudion Supervisors License t1
Estimated Cost Proj f2 ° Permit Fee Caks+lat{on
Permit Fees�.� Estimated Cost X i71:1000 Residential
EsUmaisd Cost X$i"Sl000 Commercial----- --
An Additional woo is added as an
Administrative dmarge.
Make sure that all flelds are propsry and legibly written to avow delays in Processing• l
The undersigned does hereby apply for a Building Permit to build to the above stated
under pally of perjury )(speciflcatl Sons. igned Pe
Date
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