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2-5 WATERS STREET - BUILDING INSPECTION 7 .. 4�` 4 Certificate No: 699-05 Building Permit No.: 699-05 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits I This is to Certify that the CONDOMINIUM- located at Dwelling Type ---- ---------- 0002-5 WATERS STREET in the CITY OF SALEM — ----------- --------------------- ... -- -- Address TownlCity Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR 6A BUFFUM STREET This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires _ unless sooner suspended or revoked. Expiration Date Issued On: Wed Mar 21, 2007 -- -- GeoTMl 2007 Des Launers Municipal Solutions,Inc. ------------------ ---------- ---- --------- --------------- - - -- - s CITY OF SALEM BUILDING PERMIT Certificate No: 695-05 Building Permit No.: 695-05 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0002-5 WATERS STREET in the CITY OF SALEM -------------------------------------------------------------- ------ -- - - - - - - - - - --- -------------------------- Address TowndCity Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT#6 This permit is granted in conformity with the Statutes and ordinances relating thereto, and - expires unless sooner suspended or revoked. Expiration Date ------------------- -- _______ - ___ __ Issued On: Thu Oct 26, 2006 ---------------------- GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. _ --------------- ---------------------------------------------------- ---------- CITY OF SALEM BUILDING PERMIT a 0002-5 WATERS STREET 695-05 GIS-#:---1 74 - COMMONWEALTH OF MASSACHUSETTS :Block: --- 6 - - CITY OF SALEM 1 Lot: 10070 Category: 1102 New Attached C° !Permit# == 695-05 BUILDING PERMIT Project# _ JS-2005-0746 Est. Cost $88,200.00 'Fee: _ $88?.00 1,Fee: _ PERMISSION IS HEREBY GRANTED TO: 1,Const. Class: Use Gro6p: j !Contractor: License: ;Lot Size(sq. ft.): k17195 �IREKTECH INC. CONSTRUCTIO SUPERVISOR-086465 !Zoning: -_ !Owner: NORTH RIVER REDEVELOPMENT TRUST Units Gained: '',Applicant: NORTH RIVER REDEVELOPMENT TRUST Units Lost: t-- --`----- ---_ --�AT: 0002-5 WATERS STREET Dig Safe#:- ISSUED ON: 15-Feb-2005 JAMENDED ON: EXPIRES ON: 15-Aug-2005 TO PERFORM THE FOLLOWING WORK: 695-05 !2 UNITS PER ZBA AND PLANNING BOARD APPROVAL JB POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas P1 caBuilding Underground: Underground: uu u 3/o�3/a.� Excavation 6K Service: Meter: - .. Footings: r 3 e es hough: Rougl&o{- I Q v;y RoughU�f S a—•�(1} Foundation: Q�/ // Final:�2L/ FinalOK 7/11�G..i!l0 t(i Final:ff�� ;j/L�GG /GOC Rough Frame: // l s - Fireplace/Chinmey: D.P.W. Fire Health Luula[iot Meter: oil: .y, aK ZZ 06 H ouse# Smoke: � r \Vulcr: Al:u'mo Sewer. Sprinklers: p THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VI ATION OFNY OF ITS RULES AND REGULATIONS. Signature: - Fre Type: Receipt No: Dale Paid: Check No: Amount: BUILDING REC-200-000950 15-17cb-O' 1019 $88200 Call for Permit to 'an 6 ategrs Gini rMSQ�211115 Dee Lau tiers Sfwiicil:al tiuluti9ue,Inc. i formally 7 . o CITY OF SALEM BUILDING PERMIT Certificate No: 694-05 Building Permit No.: 694-05 Commonwhalth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0002-5 WATERS STREET in the CITY OF SALEM ---------- --------------------------Address---_-__— -----------.---— Town/Cry Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT 4 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires ------------------- unless sooner suspended or revoked. Expiration Date t Issued On: Fri Jun 30, 2006 ------------ ------ - Gyr ---- ---- ----------------- GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. --------------------- - ----- ------- �i I r Ur afiL,Eivi BUILI3ING PER1VIIT 0002-5 WATER_ S STREET 694-05 ;osis#: 274 COMMONWEALTH OF MASSACHUSETTS Map: 126 - - – CITY OF SALEM 'Block: 1Loc —__ ___T0070� !Categor --__ y: 102 New Attached Co VPermit -_�- i BUILDING PERMIT ## � X694-OS - jPro�ect IJS-2005-0742 �Est. Cost 1$88,200.00 _ f Fee: --- $882-00 - - Const. Class: _I PERMISSION.IS HE, GRANTED TO: jUseGup h ro _ _ �'. ' _ Contractor: 4, „ License: ILot Size(sq. ft.): 117195 iREKTECI. INC. CONSTRUCTIO SUPERVISOR-086465 ;Zonina -_-- II --'--- -----_._-._-, Owner: NORTH RIVER REDEVELOPMENT TRUST !Units Gtined_� - — !Applicant: REKTECHINC. Units Lost. - - - - -]AT: 0002-5^WATERS STREET IDISafe#: 1 ISSUED ON: 15-Feb-2005 AMENDED ON: EXPIRES ON: 15-Aug-2005 TO PERFORM THE FOLLOWING WORK: 694-05 12 UNITS PER ZBA AND PLANNING BOARD APPROVAL JB POST THIS CARD SO IT IS VISIBLE FROM M TI?? STREET Electric Fas PlumbiuBuildin Cnuud. xctvnlioIndcau:6,/� � Service -- Meter: (Footings: Rough.6]/0/aJ"�V' s KN --I'a—y�,,1 g ®G� �5--1 a SD S ` .? 0in r ltou d' �/ Ruu h: Fouliddlion: (V) Fin:d:�/,Zl+incl:®I p 1 L O Final:�/1-/ 4_Qk Rmtgh Pricer. L 11..,.hof t0' 1 �• l�'Q/ / JH'•' /6�) Fireplaa9Chtome, D.P.W. Eir Health Insulatim Dlctcr: Oil: Final: House N Smoke. 'fre:a v: ® • \V:acr: Alarm: I sewer: Sprinklers: THIS PERMITMAY BE REVOKED BY TIIE CITY OF SALEM UPON VIOL ION OF ANy 51),r RULES AND REGULATIONS. Signnau-e: Fee Type: Receipt No: Date Paid: Check No: Amount-. BUILDING REC-2005-00044: 15-Fcb-04 1019 $932.00 Call for Permit t0 kuAy io — — — G �v :xz ax sCco I'MS®2005 Des l,nuriers Municipal Solutions,111c. - ' ; .�o I V30VE AD CITY OF SALEM I BUILDING PERMIT Certificate No: 675-05 Building Permit No.: 675-05 Commonwealth of Massachusetts City of Salem ' Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0002-5 WATERS STREETin the CITY OF SALEM -------------------------------- -- - -- -- - - --------------------------- ------ --- ---------------------------- -- ---------------------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR 8A BUFFUM STREET This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date - Issued On: Wed May 2,2007 ----------- -`-- -- ---- -- -- -------�------- --------------- ---------- GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. ----------- - -------------------------------__-__-_---_-------_-_-_-- CITY OF !SALEM BUILDIN PERMIT 0002-5 WATERS STREET 699-05 T1s#: 274 COMMONWEALTH OF MASSACHUSETTS Map: 26 CITY OF SALEM Block: 'Lot: 070 'Permit# —__?9-05 W AttachedCo BUILDING PERMIT Permit# 699-OS Project# JS-2005-0750 Est.Cost: 1$88,200.00 Fee: ;$88.2__.0.0 _ Const.Class: _ PERMISSION IS HEREBY GRANTED TO: Use Group: Contractor: License: Lot Size(sq. ft.):117195 !REKTECH INC. CONSTRUCTIO SUPERVISOR-086465 '!Zoning: !I -----.------,-,!Owner: NORTH RIVER REDEVELOPMENT TRUST Units Gained:- _ _ - 'Applicant: REKTECH INC. Units Lost: Dia Safe#: AT. 0002-5 WATERS STREET ISSUED ON: 15-Feb-2005 AMENDED ON: EXPIRES ON: 15-Aug-2005 TO PERFORM THE FOLLOWING WORK: 699-05 12 UNITS PER ZBA AND PLANNING BOARD APPROVAL. 1B POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbine `yBuildine + Underground: Underground: Undergrouut�tl.! �'/(Dx Excavation: Service•. - _. _ - .. Meter: '. Footings: _� y��r, l4 e a� Rough: 5 �� u :p�Q>��I./iiA ltoughO�/9�U-bY7 �Wm- Foundation: 8� �r/�`n 13�/ Final: Final: 7 �'�'i� Filial: fi/x/06 OO� Rough Frame:OK �VG,/�, I13I U'+ Fireplact/Chinmcy: D.P.W. Fire Health ry , IMcav: Oil: Fnalllouse# Smoke:' rras Water: Alarm: Serer: Sprinkler.,.'.. +/ THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature:. I ee'I'ype: Receipt No: .Dan,Paid: 77,kNu: An:�unt: BUILDING REC-2003-00054 15-Feb-(U 1014 $882.00 Call for Permit tG OCCUPY Geri I'MS®2405 Dns lauriers Municipal Solutions,Inc. 6A B u f f u m Formally 11 0002-5 WATERS STREET 675-05 GIs#: 274 COMMONWEALTH OF MASSACHUSETTS Map 6 CITY OF SALEM - .. - !Lot-. bo70 !Pe nit°# 675_05 W Alt-- Co -BUILDING PERMIT - iProject# 4S-2005-0745 j _ - iEst. Cost: i$88,200.00 ! .Fee: 1$882.00 Const. Cass: PERMISSION IS HERF,BY GRANTED TO: •;Use Group: - - - __ ------ - , Contractor: License: ILot Size(sq. ft.): 117195 REKTECH INC. CONSTRUCTIO SUPERVISOR-086465 Zoning: II _ __,Owner: NORTH RIVER REDEVELOPMENT TRUST c 'Units Gained: — --- - - -- Applicant: REKTECH INC. ;Units Lost: --- ---- - - — -_ -- Die Sale#: iAT.- 0002-5 WATERS STREET - ISSUED ON: 15-F6-2005 AMENDED ON: EXPIRES ON. 15-Aug-2005 TO PERFORM THE FOLLOWING WORK.- 075-05 ORK:675-05 12 UNITS PER ZBA AND PLANNING BOARD APPROVAL JB POST THIS CARD SO IT IS VISIBLE FROM THE STREET _ Electric Gas Plumbing � Building � �U !Underground: Undcrground '�� /. Excavation: aK ! 6n" Set%Lee: Meter: Foutings: ?✓/ p� Rough: � /05 a, p , "' liuugh:brC4� ...1/c/p/ l{"� Foundation: 6 /ti�/.}K.- Fin:1146 1v Final: Fina1:ntl��r-�oy tl/� Rough Frame.6/1 t/ I I S/ . `T /adv IN Fireplace/Chiumey: - D.N.NV. Fire Health 0 Insulatiol Meier: Oil: ,t / l I D � Final: K, 5 ❑imu'N Smoke: 'Frca'u \Valu': Alarm: S/z 07 Sewer: Sprinklers: '04 Ir THIS PERMLP MAY BE REVOKED BY THE CITY OF SALEM UPON VIO I O ANY OF61TS RULES AND REGULATIONS. Signature: Fee'Fype; Receipt No: Dale Paid: Clieck No: Amount { BUILDING REC-2005-000944 15-Feb-0 1019 S882.00 Call for Permit to Otcupy GeoTMSO 2005 Des Lauriers Municipal Sulutious,Inc f ` a12 4' YSQVE AD CITY OF SALEM BUILDING PERMIT A~�iiours pg�� l�o•ow ^3h ',�I� rpm a¢ S -nh Certificate No: 695-05 Building Permit No.: 695-05 Commonwealth of Massachusetts Ci y BTSalem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at ---------------------------------- ------------------- Dwelling Type 0002-5 WATERS STREET in the CITY OF SALEM ------------------ --------------- - --------------- - ---------- ---------- - - - --- ---------- --- .. ........ — -- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY UNIT# 6 I This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ____-_-_ ... ....................... unless sooner suspended or revoked. Expiration Date -__--- -- ------------ -... ._ Issued On:Thu Oct 26,2006 ---------------- -- _..._-------- --- — — -- --------- GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. --- -...._.. _ ................ ._....._..__ ----__-- _ _ _-. .__-_-_. i _.._..- ----- -------- . " _.......... jUnderground: IUndergronnd; Under w r. 30.E-5�O.S (Excavation: 6K Commonwealth of Massachusetts Board of Building Regulations and Standards Manufactured Buildings Program FILE LABEL REQUEST FORM COPY This Section for State Use Onlv Date Processed Label Numbers: Issued by: �� Fee Received $ -3w, ' v) 11646d , D ••.3 > 11646,q Check Number t' r' 6 f4 C-s- . 0 This Section to be Completed b Manufacturer- PLEASE PRINT OR TYPE SECTION 1 - MANUFACTURER INFORMATION BBRS\DPS I.D. # �� Manufacturer Name KEISER INDUSTRIES MC # 137 Street 56 MECHANIC FALLS ROAD City/State/Zip OXFORD, ME 04270 Telephone Number: (207) 539-8883 Fax Number: (207)539-4446 Email: Manufacturer -Plant Inspector Third Party Agency T.R. ARNOLD TPIA # 03 Number of Labels Total Amount Attached $ NumberManuf Manufacturer'sSerial \I Designationactureis Model Ii y utc t'�i %lt1 SECTION 2- LOCATION OF BUILDING Street L City/State/Zip r -1 —0m SECTION 3 - BUILDER/DEALER/CERTIFIED INSTALLER INFORMATION , Builder/Dealer Y hd WW,1ti D I Street 7 � City/State/Zip Certified Installer Licensed Construction tVo, /z iiia License Number: Supervisor � I!w�ct�C' Expiration Date: � jw'. This form shall be completed by the manufacturer when requesting manufactured building labels. All information shall be clearly indicated. Incomplete forms.will be returned to the manufacturer unprocessed. This request shall be forwarded to the BBRS/Dept. of Public Safety ,t 167 Lyman Street/P.O. Box 1063 Hadley Building- Ground Floor Westboro, MA 01581 s\mfg\forms\mfgLabelRequest March,2004 61j VAG DEFT 27 Q� @89 Denise & ThomasForgette 13 Mason Street RCCCiVCP. Salem, MA 01970 C111 pE SALEMIM455. September 6, 1989 To) Whom It May Concern, This_is�a.formal_complaint against The Mason Tanning Company, located at . (4—Water_ Stre_et Salem, MA ._/ Due to a. violation of the City of Salfm; nCode of Ordinances, Section 16j—, Article 2 (prohibits noise from 11pm to 7am) and a violation of Massachusetts General haws, Chapter 111 , Section 122 (creating a public health nuisance by emitting an offensive, dangerous chemical odor) . The, windows in The Mason Tanning Company located behind 11 Mason Street that are broken have enhanced these problems. There is broken glass in the remaining window frames and is dangerous to the childres in the neighborhood. The Mason Tanning Company begins operation most mornings between 3am and 6am. As a result of this we are continuously woken up and are unable to return to sleep. Below are recent attempts to correct this problem. 8/17/89 building Inspector 8/21/89 Board of Health 8'/24/89 5am Salem Police 8/30/89 4:30am Salem Police 8/30/89 Building Inspector 8/30/89 Board of` Realth 8/31/89 5:30am Salem Police 8/51/89 Building Inspector 8/31/89 Board of Health 9/5 /89 4:45am S`alfm Police We request that our name and adress be witheld from The: Mason Tanning Company. Sin ely, —� (d<u14 �1 � Denise & Thomas Forgette cc: Mayor Anthony Salvo Salem Police Cheif St. Pierre Salem Police Captain Caron Ward Six Councilor Sarah Hayes Steven Santry- Building Inspector Sharon Cameron Board of Health C �1 CITY OF SALEM PLANNING BOARD Amended Decision Site Plan Review June 23,2005 c�= r M z Ro North River Development Trust PQ C/.)(/) C/o George W. Atkins III, Esquire �r Ronan, Segal& Harrington Z!:-r 59 Federal Street _ m 3 Salem,MA 01970 o D Cr RE: Amendment to Decision Issued to North River Development Trust,Charles Blaisdell, Trustee,47 Federal Street,Salem,MA 01970 A public hearing was held on June 16,2005 regarding the request of the North River Development Trust to amend their Site Plan Review (pursuant to Section 7-18 of the Zoning Ordinance of the City of Salem) decision for the parcel located at 2 &5 Waters Street. The applicant proposed a change in driveway materials from pavers to asphalt. At the June 16, 2005 public hearing held concerning this amendment request, the Board voted by a vote of eight(8) in favor (Power,Puleo,Moustakis,Sullivan, Collins,Ready, Durand,Lombardini), and none (0) opposed, to approve the amendment as complying with the requirements of Site Plan Review with the following conditions: 1. Conformance with the Plan - Work shall conform with the plans entitled,"Permit Site Plan,Salem Maritime Townhomes,2-5 Waters Street, Salem,Massachusetts,01970," prepared by Hancock Associates, 185 Centre Street, Danvers,MA 01923,dated June 15,2004,and revised October 28,2004 and December 10, 2004,including pages PS-1,PS-2, EC-1,PS-4,PS-5, PS-6,PS-7,PS-8,L-1,L-2. 2. Original Decision All conditions set forth in the decision for and Site Plan Review dated November 18, 2004 shall remain and adhered to by the applicant. 3. Amendments Any further amendments to the site plan shall be reviewed by the City Planner and if deemed necessary by the City Planner,shall be brought to the Planning Board. Any waiver of conditions 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM contained within shall require the approval of the Planning Board. 4. Violations Violations of any condition shall result in revocation of this permit by the Planning Board, unless the violation of such condition is waived by a majority vote of the Planning Board. I hereby certify that a copy of this decision and plans has been filed with the City Clerk and copies are on file with the Planning Board. The Special Pemnit shall not take effect until a copy of this decision bearing the certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal has been filed,and it has been dismissed or denied,is recorded in the Essex South Registry of Deeds and is indexed under the name of the owner of record is recorded on the owner's Certificate of Title. The owner or applicant,his successors or assigns, shall pay the fee for recording or registering. Walter B Power, III c c1) Chairman M n— M < z -�OC" N 7f T __j (n C/) O)> D rim _3 n- p m3 Cr D CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STANLE) J. USOVICZ,JR. MAYOR 120 WA-111,\(rI ON STRI If •SAI,lM,iVhs:AC iva-.TT;01970 LYNN GooNiN DUNCAN,AICP TEL:973-745-9595 •MX:973-740-0404 DIRECTOR May 19, 2005 Arty. George W.Atkins Ronan, Segal& Hartington 59 Federal Street Salem,MA 01970 - RE: Revisions to approved site plan-2 & 5 Waters Street Dear Attorney Atkins: I have received your letter dated March 24, 2005 and the revised plans dated February 8, 2005, which outline the following proposed changes to the approved plans for 2& 5 Waters Street: • A six foot fence will replace the seven foot fence • Eight-foot high plantings will replace the six-foot plantings. • Asphalt will replace the concrete pavers that were approved for the driveway material. It has been determined that the proposed changes to the fence and the plantings are not substantial changes and do not require Planning Board approval. The revised landscaping detail plan dated February 8, 2005 will be attached to your approved site plan in the Planning Board files for future reference. Any change to these plans requires approval of the Department of Planning&Community Development, to determine whether it is a substantial change, prior to construction. However, the proposed change of driveway material from concrete pavers to asphalt is a substantial change and will require Planning Board approval. Please submit fifteen (15)copies of the amended site plan and application to the Planning Board twenty-one(21)days prior to the meeting that you wish to attend. Please contact me at the Department of Planning &Community Development at(978)745-9595, extension 311 if you have any questions. Sincerely, Jyn . Duncan, AICP City tanner r • Co CITY OF SALEM9 MASSACHUSETTS a PUBLIC PROPERTY DEPARTMENT •y��Mmg�� 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 January 18, 2005 -- City of Salem_Solicitor_._ -- - __ . ------ -_- - ---- __- ---_--_-__ -_ -- __-- James Gilbert, Esq 15 Front Street Salem, Ma. 01970 RE: 5 Waters Street Dear Jim: I have enclosed a copy of a letter written by Staley McDermott and received by this office on November 19, 2004. I have spoken with Beth Rennard, Lynne Duncan and Attorney George Atkins on this matter and I am still unable to reach a conclusion regarding Mr. McDermott's complaint. I am asking that you read the letter and then we can discuss whether Mr. McDermott has any standing or whether any further action should take place. I have issued a "foundation only" permit for this project, and I will hold off on a full permit until you have had a chance to review. Thank you for your cooperation in this matter. S ly, 7 � Thomas St. Pierre Building Commissioner cc: Kate Sulllivan, Mayor Office 30 Dearborn Street Salem, MA 01970-2450 November 17,2004 Thomas St. Pierre, Salem Zoning Enforcement Officer ^ (� 120 Washington Street Off',\vJ Salem. Massachusetts 01970 RE: Potential Zoning Violation at 5 Waters Street Dear Mr. St. Pierre: Please consider this letter a "written complaint" in accordance with Section 9-2 (a)of the Salem Zoning Ordinance. However,.this.complaint-isnot-in-regard-to-an-existing-tonin-roiotatiom but is instead-in regard-to a p>rojecfin-- — — development for 5 Waters Street. Revised plans submitted to the Salem Planning Department on November 3, 2004, show four dwellings proposed for 5 Waters Street,which has a lot area of 7.435 square feet. Therefore the proposed density for the lot at 5 Waters Street is one dwelling unit per 1,858 square feet. This is in violation of the Salem Zoning Ordinance which requires a minimum lot area per dwelling unit of 3,500 square feet. 5 Waters Street is located in a B-I (Neighborhood Business)zoning district. Permitted uses in the B-1 district [Sec. 5-2(d)(I), page 12] include "All uses permitted in R-3 Districts. subject to all the provisions specified for each use." Multifamily dwellings are allowed in R-3 Districts [Sec. 5-2 (c)(2). page I I], but one of"the provisions specified for each use" are the Residential Density Regulations[Table 1, Sec. 6-1 (a), page 241. For R-3 Districts, Table I requires a Minimum Lot Area Per Dwelling Unit of 3,500 square feet. The 1,858 square feet lot area per dwelling unit proposed for the development at 5 Waters street does not meet this minimum and is therefore,as proposed, in violation of the zoning ordinance. Only two dwelling units are allowed for 5 Waters Street,which would result in an acceptable density of 3,717 sf'du. 1 have reviewed the petitioner's application filed with the City Clerk on May 7,2004, and have reviewed the decision of the Salem Board of Appeal filed with the City Clerk on June 2.2004. No variance from the Residential Density Regulations[Table I] was requested by the petitioner for 5 Waters Street. Variances were requested from only the Density Regulations contained in Table 11 (Maximum Lot Coverage, Minimum Width of Side Yard, Minimum Depth of Rear Yard,and Maximum Height of Buildings). I am unable to determine from the Board's decision what variances were actually granted, but I am quite sure that a variance from the Residential Density Regulations[Table 11 was not granted. Furthermore, I doubt that the Board can grant a variance that was neither requested nor advertised. In accordance with Section 9-2 (a). I am requesting that you record my complaint and investigate. I would appreciate your informing me as to whether or not you agree with this complaint. If you agree, 1 request that if a building permit is applied for to construct four dwelling units at 5 Waters Street, that it be denied. Thank you for your attention to this matter. Staley McDermet cc- Salem Department of Planning&Community Development^L mi Go I^o n Duncan, AICP(e-mail) Salem Planning Board- Walter Power III (e-maii) Salem Board of Appeal -Nina Cohen(US mail) IO1i10/2005 10:51 FAX 19787447493 RONAN,SEGAL & HARRINGTON IaOO2 j RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RCNAN(192 61987) SALEM,MASSACHUSETTS 01970-3 370 JACOB S.SEGAL MARY PIEMONTE FAR i INGTON GEORGE W.AT Ii II PAIGE K.HINTLIAN TEL(978)74441350 FAX(978)744-7093 FILE N0.a 1014 OF COUNSEL JOHNH.RONAN MICHAEL J.ESLHELB,,CMER January 10, 2005 i - - - - Via-Facsdmile-and-First-Class Mail— -- --- - - - - City of Salem Public Property Department 120 Wormington Street Salem, MA 01970 Attn: Thomas St. Pierre Re: Letter of Staley McDermet dated November 17, 2004 re: Potential Zoning Violation at 5 Water Street Dear Mr. St. Pierre: Inasmuch as the above referenced letter was mad: a public document by copy to the Salem Planning Board and delivered to the undersigned by said Board during the course or a public hearing, I trust you will accept my comments for consideration in your deliberations concerning the letter. The emphasis I have added above to "Potential Zc ning Violation" in the so called complaint letter is intended to highlight the fact that the at egation does not qualify as a basis for a complaint under Section 9.2 (a) of the Salem "oning Ordinance which clearly refers to "Whenever a violation... occurs or is alleged to have occurred..." No violation has occurred on the property at 5 Water Street :ince it is vacant land and has not yet been bui't upon. The so called 'Written complaint" letter is an effort to subvert the appeal provisions of Chapter 40A regarding the decision of the Zoning Board since the appeal period in this case elapsed on June 22, 2004. An appeal within the statutory time frarre would have been the proper "written complaint", although Mr. McDermet would not qualify as an aggrieved party to file such an ap)eal as required by the statute (with all cue respect to Mr. McDermet's expertise as an a-chitect, these legal requirements would have required consultation with an attorney). Notwithstanding the jurisdictional questions above the substance of the I complaint is inv,cllid. There exists no basis in law or prior practice in the City of Salem for the application cf dimensional standards from a different district (R-3) when the use is allowed as a matter of right within another district (B-1) a!; in this case. The dimensional table for :he district in which the land is located is the apr licable table (Table II). If the mplaint relies upon the Section 5-2 (d) (1) phrase "sutject to all provisions specified i ` 01/10/2005 10:51 FAX 19787447493 RONAN,SEGAL & RARRINGTON 1&003 I' for each use", said language unequivocally refers to provisions for "use" not dimensional requirements of Table I, and there are no additional use provisions in the R-3 district description for " Multifamily dwellings' in Section 5-2 (c) (2). (For example Section 5-2 (c) (3) has a provision conditioning accessory uses). I will forward this opinion letter to City Solicitor Gilb;rt if you would like me to do so and I would be happy to meet with you and/or Mr. Gilb art for further discussion. As always thank you for your courteous consideration. ery truly �. or ins III i GWA/mdi I I I I I I CITY OF SALEM, MASSACHUSETTS a s PUBLIC PROPERTY DEPARTMENT a. 120 WASHINGTON STREET, 3RD FLOOR xv SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 January 18, 2005 Staley Mc-Dermot- 30 Dearborn Street Salem, Ma.01970 RE: Complaint letter-5 Waters Street Dear Staley: First, I apologize for the length of time responding to your complaint letter. I have discussed your letter with City Planner Lynne Duncan, and neither of us could come up with a definite answer. I have forwarded your letter to City Solicitor, James Gilbert, for his opinion in this matter. In the meantime, I have issued a "foundation only" permit to the developers of Water Street. I will withhold any additional permits until I hear from the City Solicitor. Again, thanks for your patience in this matter. Sin erely, Thomas St. Pierre Zoning Enforcement Officer Cc: Kate Sullivan, Mayors Office James Gilbert, City Solicitor Councillor Mike Bencal Lynne Duncan, City Planner Attorney George Atkins o CITY OF SALEM, MASSACHUSETj1r!F 0r SALEM. MA BOARD OF APPEAL CLERK'S OFFICE 4 A, 120 WASHINGTON STREET, 3RD FLOOR �A SALEM, MA 01970 TEL. (978)745-9595 FAX (978) 740-9846 1004 JUN STANLEY J. USOVICZ, JR. 2 P 2-- SS MAYOR DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT TRUST REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 2-5 WATER STREET I/B-1 A hearing on this petition was held May 19, 2004 with the following Board Members present: Nina Cohen, Richard Dionne, Bonnie Belair, and Joseph Barbeau. 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. Petitioner is requesting a Special Permit and Variance from parking regulations and density to allow construction of 12 residential units at 2 Water Street in an Industrial Zone and for density and parking variances to allow construction of 5 residential units for the property located at 2-5 Water Street located in an Industrial and B-1 zone. The provisions the Salem Zoning Ordinance which is applicable to the request for a Special Permit is section 5-3 (j), 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 Sections 6-6 and 9-4, grant Special Permits. for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extent 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 may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Variances which have been requested may be granted upon a finding of the Board that: A. Special conditions and circumstances exist which especially affect the land, Building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the of the Ordinance Chi �j�� cC��ySc�F DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT T% F/CF�q REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY y.2 LOCATED AT 2-5 WATER STREET B-1/1 A page two The Board of Appeal, after careful consideration of the evidence presented, and after SS, reviewing the plans makes the following findings of fact: 1. Petitioner Charles Blaisdell trustee of North River Redevelopment Trust, seeks variances affecting two Water Street parcels lying indifferent zoning district, In furtherance of a plan to create a seventeen unit condominium complex straddling both districts. 2. Under petitioner's plan presented by Attorney George.Atkins III and Architect Brent Mogel, development of the property at 2 Water Street is the industrial zone will require demolition of the existing hundred year old factory building. In its place petitioner seeks to erect three clusters of five new houses and one duplex, all with historical architectural features. 3. Each new house will have a one-care garage with a driveway long enough to fit a single car, thus each unit provides off-street parking for two cars, but only if the cars are stacked one behind the other. For this reason, petitioner seeks a variance to allow the exterior parking spaces to be located on the entrance to the interior space for each unit. 4. Brent Mogel project architect stated that the development features historic windows, appearance doorways, clapboard siding, brick end walls slate-like roofing and cobblestone centers courtyard. Each two-bedroom unit offers approximately 1,250 square feet of living space in addition to the garage. Each would be priced at about $280,000. . 5. Petitioner's plan for 5 Water Street calls for five units to be located in the B-1 zone requiring variances from maximum height. At 37'5', the roof peaks of each row house would be taller than the existing factory-building roof. In addition, petitioner requests variances from the parking requirements in order to utilize a stacking parking arrangement like that described above for these units. 6. The configuration of the units on the lot at 2 Waters Street in the I zone requires variances from minimum lot area per dwelling unit, frontage, depth of front yard, width of side yard and depth of rear yard. Overall, the proposed use will result in lot coverage of 42%for both lots, while the existing factory building has lot coverage of 56%. 7. Petitioner states that the proposed improvement will create a new moderately Priced residential neighborhood in an existing mixed-use area. The plan is Supported by Michael Bencal, Ward Councillor for Ward 6, neighbors Laura Perrin of 2A Buff um St., Joan O'Connor of 15 Mason Street and Liz Bradt D.V.M. of 22 Larchmont Rd., who owner and operates a veterinary hospital at 15 Commercial Street. 8. Several neighbors were concerned that overflow parking needed by the Condominium residents would be unavailable given the improvements of Waters and South Mason Streets, and they urged the developers to make provisions for overflow parking. Luis Rosano of 11 Mason St. and Mark Boren of 9 South Mason St. expressed reservations about overflow parking and concerns about protection of existing properties during demolition. Mr. Rosano also objected to the height of the proposed development, which would block views of the river CITY OF SALEI`1, MA CLERK'S OFFICE DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT TRUST REQUESTING A SPECAIL PERMIT AND VARIANCE FOR THE PROP �jr LOCATED AT 2-5 WATERS STREET I/B1 W' JUN -2 P 2` SS , page three and he asked about the landscaping and fencing of the development. 9. David Hart of Historic Salem Inc. and Morris Schopf, of 1 Cambridge St strongly objected to the proposed demolition, stating that older industrial building form a part of the fabric of the community, which developers have a duty to improve rather than destroy. Mr. Schopf stated that no substantial investigation had yet been made as to whether the existing building could be profitably redeveloped for residential or commercial use or for mixed use. On this point he was contested by Developer Steve DeFonsa who stated that they had investigated such a restoration and did not fined it feasible. 10. Jim Treadwell of 36 Phelps St. spoke on behalf of the North River Canal Corridor Mixed Use District Implementation Committee which also submitted a letter in opposition to the project signed by thirteen members. This group has met consistently over two years to develop a vision for the redevelopment of a section of North Salem in which this property lies and to create support for the re-zoning of this district in line with a Neighborhood Master Plan. According to Mr. Treadwell, the developer's plan fails to meet the Neighborhood Master Plan developed by this group because it is overly dense is not pedestrian or street friendly, and is too tall. In support he stated that the proposed density of 17 units for the half-acre site amounted to roughly 32 units per acre, while the Master Plan calls for no more than 12 units/acre. This density, according to the Committee, is not in keeping with the character of the existing neighborhood and is not the type that is envisioned in the Neighborhood Master Plan. 11. Mr. Treadwell, Mr. Mark Dunn of the North River Canal corridor Council, and Councillor Mike Sosnowski, Ward Councillor for Ward 2 also objected to the timing of the petition, stating that they hoped that the Zoning Board would deny Petitioner's variances requests pending the outcome of the deliberations of the Committee. On the basis of the above findings of fact, and on the evidence presented at the hearings the Zoning Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the city's inhabitants. DECISION OF THE PETITION OF NORTH RIVER REDEVELOPMENT TRUST FOR A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 2-5 WATER STREET 61/1 page four Therefore, the Zoning Board of Appeal voted, 4 in favor and 0 in opposition to grant the relief requested, subject to the following conditions; 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 and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. o C-)� 4. Petitioner shall obtain a building permit prior to beginning any construction. z ;:0 CD 5. Petition shall obtain a Certificate of Occupancy shall be obtained. C)> -O ,r- 6. Petitioner is to obtain approval from any City Board or Commission having N C-)_. Jurisdiction including, but not limited to the Planning Board. cn m3 Ln D 7. Petitioner shall obtain proper street numbering from any City Board of Commission having jurisdiction including, but not limited to, the Planning Board. 8. Units shall be owner occupied. 9. Petitioner shall look into possibility of an easement to Commercial Street. Special Permit & Variance Granted May 19, 2004 WNinaCohen, Chairman `3 t^,�� Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. o Board of Appeal — C— �. z Mc Ca � NCL TN D v �fr1 �3 W Q Ln rn 3 cn n D 30 Dearborn Street Salem, MA 01970-2450 November 17,2004 Thomas St. Pierre, Salem Zoning Enforcement Officer 120 Was isStreet Salem, Massachusetts 01970 RE: Potential Zoning Violation at Waters Street Dear Mr. St. Pierre: Please consider this letter a "written complaint" in accordance with Section 9-2 (a)of the Salem Zoning Ordinance. However, this complaint is not in regard to an existing- zoning violation,but is instead in regard to a project in development for 5 Waters Street. Revised plans submitted to the Salem Planning Department on November 3, 2004, show four dwellings proposed for 5 Waters Street,which has a lot area of 7,435 square feet. Therefore the proposed density for the lot at 5 Waters Street is one dwelling unit per 1,858 square feet This is in violation of the Salem Zoning Ordinance which requires a minimum lot area per dwelling unit of 3,500 square feet. 5 Waters Street is located in a B-I (Neighborhood Business)zoning district. Permitted uses in the B-1 district [Sec. 5-2 (d)(I), page 12] include "All uses permitted in R-3 Districts.. subject to all the provisions specified for each use." Multifamily dwellings are allowed in R-3 Districts [Sec. 5-2(c)(2), page 111, but one of"the provisions specified for each use" are the Residential Density Regulations [Table I, Sec. 6-1 (a), page 24]. For R-3 Districts, Table I requires a Minimum Lot Area Per Dwelling Unit of 3,500 square feet. The 1,858 square feet lot area per dwelling unit proposed for the development at 5 Waters street does not meet this minimum and is therefore, as proposed, in violation of the zoning ordinance. Only two dwelling units are allowed for 5 Waters Street,which would result in an acceptable density of 3,717 sf/du. I have reviewed the petitioner's application filed with the City Clerk on May 7, 2004, and have reviewed the decision of the Salem Board of Appeal filed with the City Clerk on June 2,2004. No variance from the Residential Density Regulations [Table 1] was requested by the petitioner for 5 Waters Sweet. Variances were requested from only the Density Regulations contained in Table If (Masiruum Lot Coverage, Minimum Width of Side Yard, Minimum Depth of Rear Yard, and Maximum Height of Buildings). I am unable to determine from the Board's decision what variances were actually granted, but 1 am quite sure that a variance from the Residential Density Regulations [Table 11 was not granted. Furthermore, I doubt that the Board can ,rant a variance that was neither requested nor advertised. In accordance with Section 9-2 (a), 1 am requesting that you record np,complaint and investigate. I would appreciate your informing me as to\a�hether or not you agree with this complaint. If you agree, I request that if a building permit is applied for to construct four dwelling units at 5 Waters Street, that it be denied. Thank you for your attention to this matter. Staley MCDeinlet , cc: Salem Department of Planning& Community Development- Lynn Goonin Duncan,AICP(e-mail) Salem Planning Board - Walter Power LII (e-mail) Salem Board of Appeal -Nina Cohen (US mail) 30 Dearborn Street Salem, MA 01970-2450 +�----.•—�- November 17,2004 Thomas St. Pierre, Salem Zoning Enforcement Officer ^ (� - 120 Washington Street Salem, Massachusetts 01970 ^ • RE: Potential Zoning Violation at 5 Waters Street Dear Mr. St. Pierre: Please consider this letter a "written complaint" in accordance with Section 9-2 (a)of the Salem Zoning Ordinance. However, this complaint is not in regard to an existing zoning violation. but is instead in regard to a project in development for 5 Waters Street. Revised plans submitted to the Salem Planning Department on November 3,2004, show four dwellings proposed for 5 Waters Street,which has a lot area of 7,435 square feet. Therefore the proposed density for the lot at 5 Waters Street is one dwelling unit per 1,858 square feet. This is in violation of the Salem Zoning Ordinance which requires a minimum lot area per dwelling unit of 3.500 square feet. 5 Waters Street is located in a B-1 (Neighborhood Business)zoning district. Permitted uses in the B-I district [Sec. 5-2 (d)(1), page 121 include "All uses permitted in R-3 Districts, Subject to all the provisions specified foreach use." Multifamily dwellings are allowed in R-3 Districts [Sec. 5-2 (c)(2).. page I I], but one of"the provisions specified for each use" are the Residential Density Regulations ['fable I, Sec. 6-1 (a), page 241. For R-3 Districts, Table I requires a Minimum Lot Area Per Dwelling Unit of 3,500 square feet. The 1,858 square feet lot area per dwelling unit proposed for the development at 5 Waters street does not meet this minimum and is therefore, as proposed, in violation of the zoning ordinance. Only two dwelling units are allowed for 5 Waters Street, which would result in an acceptable density of 3,717 sf du. have reviewed the petitioner's application filed with the City Clerk on May 7, 2004,and have reviewed the decision of the Salem Board of Appeal filed with the City Clerk on June 2, 2004. No variance from the Residential Density Regulations [Table I] was requested by the petitioner for 5 Waters Street. Variances were requested from only the Density Regulations contained in Table II (Maximum Lot Coverage, Minimum Width of Side Yard, Minimum Depth of Rear Yard,and Maximum Height of Buildings). I am unable to determine from the Board's decision what variances were actually granted, but I am quite Sure that a variance from the Residential Density Regulations [Table 1] was not granted. Furthermore, I doubt that the Board can grant a variance that was neither requested nor advertised. In accordance with Section 9-2(a). I am requesting that you record my complaint and investigate. I would appreciate your informing me as to whether or not you agree with this complaint. If you agree, 1 request that if a building permit is applied for to construct four dwelling units at 5 Waters Street, that it be denied. Thank you for your attention to this matter. Staley McDermet cc: Salem Department of PITinniing K Coiiimmnity Development- Lynn Goonin Duncan, AICP(e-mail) Salem Planning Board- Walter Power lil (e-ntaii) Salem Board of Appeal -Nina Cohen (US mail) RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S.SEGAL MARY PIEMONTE HARRINGTON - GEORGE W.ATKINS, III PAIGE K.HINTLIAN TEL(978)744-0350 FAX(978)744-7493 FILE N0.B-1014 OF COUNSEL JOHN H.RONAN MICHAEL J.ESCHELBACHER January 10, 2005 Via Facsimile and First Class Mail City of Salem Public Property Department 120 Washington Street Salem, MA 01970 Attn: Thomas St. Pierre ,Re-Letter of Staley,McDermet dated November 171_2004-'. �re: Potential Zonin Violation at-5 Water Street Dear Mr. St. Pierre: ` Inasmuch as the above referenced letter was made a public document by copy to the Salem Planning Board and delivered to the undersigned by said Board during the course or a public hearing, I trust you will accept my comments for consideration in your deliberations concerning the letter. The emphasis I have added above to "Potential Zoning Violation" in the so called complaint letter is intended to highlight the fact that the allegation does not qualify as a basis for a complaint under Section 9.2 (a) of the Salem Zoning Ordinance which clearly refers to "Whenever a violation... occurs or is alleged to have occurred... No violation has occurred on the property at 5 Water Street since it is vacant land and has not yet been built upon. The so called "written complaint" letter is an effort to subvert the appeal provisions of Chapter 40A regarding the decision of the Zoning Board since the appeal period in this case elapsed on June 22, 2004. An appeal within the statutory time frame would have been the proper "written complaint", although Mr. McDermet would not qualify as an aggrieved party to file such an appeal as required by the statute (with all due respect to Mr. McDermet's expertise as an architect, these legal requirements would have required consultation with an attorney). . Notwithstanding the jurisdictional questions above, the substance of the complaint is invalid. There exists no basis in law or prior practice in the City of Salem for the application of dimensional standards from a different district (R-3) when the use is allowed as a matter of right within another district (B-1) as in this case. The dimensional table for the district in which the land is located is the applicable table (Table ll). If the complaint relies upon the Section 5-2 (d) (1) phrase "subject to all provisions specified for each use", said language unequivocally refers to provisions for "use" not dimensional requirements of Table I, and there are no additional use provisions in the R-3 district description for " Multifamily dwellings" in Section 5-2 (c) (2). (For example Section 5-2 (c) (3) has a provision conditioning accessory uses). I will forward this opinion letter to City Solicitor Gilbert if you would like me to do so and I would be happy to meet with you and/or Mr. Gilbert for further discussion. As always thank you for your courteous consideration. ery truly eor ins III G W A/mdj