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BUILDING
Replacement card PERMIT
JOB WEATHER CARD
DATE Jan 21 IB 93 PERMIT NO. 20-91
APPLICANT Scott Clark ADDRESS 152 Bayview Ave.
(NO.) (STREET) (CONTR'S LICENSEI
Restorations NUMBER OF
PERMIT TO Restorations STORY Dwelling DWELLING UNITS
(TYPE OI IMPROVEMENT( NO. (PROPOSED USE)
152 Bayview Ave. Ward I ZONING
AT fLOCaTI0N1 y DISTRICT R- I
(NO.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING IS TO BE FT. WIDE BY FT. LONG BV FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
Complete restoration of dwelling and second floor addition of gabled dormer
REMARKS: NPw PIPPfrirol and hotting SySteERREA OR illi iJ 11 I •J) IIiIL li UVUD
VOLUME ESTIMATED COST yT 65°000 FEEMIT $ 395.00
'.CUBIC%SQUARE FEET)
WNER Laura $ Dr. Scott Clark
:]DRESS 152 Bayview Ave. Salem, Mass. BYILOING DEPT TPD F TreOPh,In
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF. EITHER TEMPORARILY OR
PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY. NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP-
PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED
►
FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS
OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE
INSPECTIONS REQUIRED FOR PFRMITS ARE REQUIRED FOR
ALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ELECTRICAL, PLUMBING AND
I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS.
2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL
MEMBERS(READY TO LATH). FINAL INSPECTION HAS BEEN MADE.
3. FINAL INSPECTION BEFORE
OCCUPANCY. -
POST THIS CARD SO ITIS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS P MBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
` 1 L 2
BOARD OF HEALTH GA INSPECTIDN APPROVALS FIRE DEPT.INSPECTING APPROVALS
2
�
OTHER CITY ENGINEER 2 2
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARO
INSPECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE - CAN BE ARRANGED FORBYTELEPHONE
STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
Faufy. CERTIFICATE ISSUED
!� DATE: Januar v 14 , 1994
CITY OF SALEM BUILDING PERMIT -
a SALEM. MASSACHUSETTS 01970
a CERTIFICATE OF OCCUPP
DATE J,9 PERMIT NO
,.la JL r ✓1...d .0e.
-=cor• ADDRESS
APPLICANT 1x0.1{T ISTP[[il IC L ,r x's
NUMBER OF :'f .
l
fTn'(�n _vYLI•••• J
�._'..D 1G�!'V......._I 1_) STORY DWELLING UNITS
PERMIT TO 'a.OPOSEO USE)
Irr1(
OF IMPROv(M(xll O.
ZONING
DISTRICT_
AT ILOCATIONI ISi REf TI
1 x0.1 •
AND --
BETWEEN ICPOSS STREET) ([x055 STREET)
LOT
LOT BLOCK SIZE
SUBDIVISION
• FT. WIDE P• FT. LONG ByFT, IN HEIGHT ARC SnALL CONFORM IN FO
BUILDING IS TJ BE ,
TO TYPE 'USE GROUP BASEMENT WALLS OR FOUNDAi ON —
EI
t� _�s•sJrar n C= C':J21 <i '9EacoT
REMARKS:
0.711
AREA OR .t'. _. y 9MSEx
VOLUME
0.016 501/xE E[[r
OR"EIO!'E/OrEEOnIOf710 n1s1./OAIOO RE..P 1S v"NORIREYIS
. illl�). ;/ :J,'.'. ":CL.. .1nTi" ..TO BE-.POS TEI;¢,0lL PREMISE S
OWNER SEE REVERSE'=SAO FPOEPOOND4Ti ONS OF C
AODRESS
DEPARTMENTAL APPROVAL FOR CERTIFICATE
of OCCUPANCY and COMPLIANCE
To be filled in by each division indicated hereon
upon completion of its final inspection.
BUILDINGS Permit No.
20-93
Approved by John J. Jennings Date 1/ 14/94
i
Remarks .—
II,
PLUMBING Permit No. _
i
Approved by .Cohn LeClerc Date _ 1110/94
I �
Remarks
i I�I
ELECTRICAL Permit No.
I
Approved by John aiandi Date 1/ 13 1994
I
Remarks_
OTHER F i rp Permit No.
I
Approved by_ Norman Lapointe Date 1 / 13/94
i
Remarks
I
OTHER Permit No.
Approved by Date
Remarks
�arinq _ CERTIFICATE ISSUED
DATE January 14 . 1994
CITY OF SALEM
a SALEM. MASSACHUSETTS 01970 BUILDING PERMIT -
a CERTIFICATE OF OCCUPA
DATE J9 v W1• —11 •� PERMIT NO. .�—
71" L7A
ADDRESS -
APPLICANT IN0.1 ISTREEII I71,1c'1 t
� y'E G NUMBER OF
ti391 ViRAF!"1,F, e•'�'f"':•T DWELLING UNITS
PERMIT TO 1_1 $TORY
\ II�R( 0! IURROVEM[Nll O. IVn OV OSLO U9f1
ZONING —I
`arc, OISTRIcl--
AT (LOCATIONI ISTgETI
1 NO.1
AND --
BETWEEN :rRo35 STREETI ICMoss 51.EET)
LOT
LOT BLOCK SIZE
SUBDIVISION
BUILDING IS 70 BE
Fl. W'DE P. ET. LONG BY FT, IN HEIGHT AND SnALL CONFORM IN CON
TO TYPE u5E DROOP BASEMENT WALLS OR FCUNO-1 ON 1rAf
v..%Tel :=7 ._ -
AREA ORM
VOLUME
011MI
C B K-SOl/A C F(C T: Lw�EREy���3IE.L {QQ4�EYjELE��{S�E��
N.r a n:O51E v�bll��v3"11 ve'FI OtF1
_ . :.ILC TO BE-,POSTE4.,011 PREMISES
_`. AAAA ....
Ow NER "y�', SEE RE VERSEJs)OFE0IN GONWi-1016 OF C!
ADORES:
DEPARTMENTAL APPROVAL FOR CERTIFICATE
of OCCUPANCY and COMPLIANCE
i
To be filled in by each division indicated hereon
upon completion of its final inspection.
BUILDINGS Permit No. 20-93
Approved by John J. Jennin s _ Date 1/ 14/94
Remarks
i
PLUMBING Permit No. _
Approved b,,, John LeClerc Date _.L�0 94__
Remarks
ELECTRICAL Permit No.
i
Approved by John ainrdi Date 1 L3.,-1994
Remarks _
OTHER F i ra — Permit No.
Approved bv_ Norman Lapointe Date—I / 13/94
Remarks .
OTHER Permit No.
Approved by_ Date
Remarks
�,�. i1"W�."..�-�4!•nery.�� � .r�gY�lSdNl{�'11„'^���.•^"1I'^RT^iP Y /:(NMN;.�4w
FIELD COPY
CITY OF SALEM BUILDING F°
SALEM, MASSACHUSETTS 01970 PERMIT
VALIDATION
V 4[�
DATE Jan. 20, 19 93 PERMIT NO. 17-93
APPLICANT Dr. Scott Clark ADDRESS. Sa.lem,MA Owner _
I NO.I (SIPE[TI ICO-I-b ,ICEN11E1
PERMIT TO DFMQT,TTT0N 1_I ;TORY TXp7F JX..NC. OWEBLPING UNITS ONE
(Ir,E 01 IMPIIOvEMENII NO. 1,00POSE9 US[I
AT ILOCATIONI 152 Rav view Ave_ War(l 1 ZONING
DISTRICT R-1
IM0.1 ISTIIE m(t f -
BETWEEN , WHO
1C.05.
t
IUOE. S70EETI 110033 STREEII
LOT
SUBDIVISION LOT• BLOCK 512E
BUILDING IS,TO BE IT. WIDE By FT. LONG BY CT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
ti
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
R 'A (TYPE)
REMARRS: Demolish existing Porches, & sheet-recklin basement
CALL
Fop, INSPECTION 7$445-9595
LUM
VOE " '�''r-""'"• '�"" n� L'�/ �.�s'11MATEO COST PERMIT E. 20.00
Ap EAOwNCR Dr. Scott Clark t
A^D;E55 151 Bayo evr Avg., lEm, Maurice M. Martineau
Sl TANT INSPECTOR OF BUILDINGS
INSPECTION RECORD
DATE MOTE PROGRESS - CRITICISMS AND REMARKS IMEIECTOM
l�
S
-- _4 ei must be filed and approved by the inspector before a permit for a slim will be prarped.
duplicates of which when approved by
the inspee►or,shall be kept at the building, during
'T
the progress of the work.
City of Salem Ward /
s
3 '
TEL.#
STATE LIC. #
CITY O .f#�_
APPLICATION F SALEM LIC,�
FOR
PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS
Salem.Mase,
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build axording to the following specifuatieett
Owner's name and address �QuRct nr�• �� �`,�a/
Architect's acme
IE GR a,,AA ` f2i,
n .
Mechanic's name and address—() ° n e r
Location of building. No.
What is the purpose of building
Material of building? DOM
U a dwelling, for how 'many families?
Sire of Addition: No. of feet froat No. of feet No. of feet deep..J.�&�
No. of stories? —
No. of feet from the level of the ground to the highest part of the roof?
How sear line of the street?
How near line of the adjoining lot?
What will be the maw of seem to the roof! i
kns- Sirs of floor timbem U•�: jd�: gr"t : 41h d•a�
Span. Distance on central
Use of carrying timbers?
Dlstanae of supports on centers-
—
t kind of support!
Will the building be erected on solid or idled land? ^�
What is the material of foundation? i A
Will the roof be flat. pitched. mansard or gambrel l P t c e
Material of roof covering? Co xrG Ke s
Will the building bu heated oy stem sr het wstx'
No. of brick walls? 0 Where located? Thieimess?�
Will the building conform to the requiremmte of the law?
Estimated cat __ J VO,U o
� PI of appliean: l
REMARKS SSC,-.ZD UNDV. r.
PFr�r:Ln' OF , 'My
�� v
No. W■.d l i
APPLICATION FOR
C PERMIT TO BUILD
4 j ADDITION OR MAKE ALTERATIONS
t.
c 1
Location
PERMIT GRANTED t ,
19
Appr:e:
Bvll6�r !n
Satem FLte Department
APPOINTMENT FOR FINAL' F.l-ce PteventLon Bwceau APPOINTMENT FOR FINAL
INSPECTION MUST BE
MADE AT LEAST ONE WEA 48 L¢4ayette St�ceet INSPECTION MUST BE
Salem, Ma 01970 MADE AT LEAST ONE WEEK
AMEAD_- (508) 745-7777 AHEAp__
FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT
In acco4dance wi th the P-tov-i a.ton.6 o4 the M0,64achu,6ett,6 She Build i,ng Code
and the Salem Fite Code, appZLcat.Lon " heaeby made 4on apptova2 o4 ptana
and;the t44uance o4 a ce4%tL4.Lcate o4 app cova2 4o-c a bui2dLng pe m t by the
Sa.Z'em F.i-ce Department. (Re4. Seat-Lon 113. 3, Ma6.6. State Stdg. Code)
Job Location:
-/j &9vl 14P
Owner/Occupant: 11ep� SGo � do-w�a CLAky
EtectAt=t Cont�cactoa-:
F.iice Suppne.6."on Cont,%acto4:
o
Appttcant: r`, Phone
Add,L".a o4 I/ I / C.fty on
AppUcant: cj�Z A� Town: S Ja'-J�
Appaova2 date: Z( 3
Ce4tL4.Lcate 04 appaovat Z4 heteby 94anted, on approved plana on eubm.ittat
o4 ptoject deta.i .6, by the Salem FZ-te Department. Att ptan6 ate a.pptoved
4oteZy 4o3 .ident -6tcati,on o4 type and ZocatLon o4 4.ine pnotecti.on devtce4
and equipment. At2 p2.an6 cute .au.bject to appnova2 04 any othea. authondty
having Ju, "d.tctLon. Upon comptetlon, the appPZcaxrt on tm4taP-ten.(4) .6haZt
4eque-6t an 4n4peeti.on and/on teat o4 the 44.-te p-cotectton devtee4 and
equipment. ( ** FOR ADDITIONAL REQUIREMENTS, SEE REVERSE SIDE ** )
New con,6t%uet.ton.
Pnopenty tocatLon has no compliance with the pxovt-6.Lon4 o4
Chaptea 148, Section 26 C/E, M.G. L. , %etati,ve to the
t"taZatton o4 approved 4.in.e ata,%m devil ce4. The owner. o4
thi-6 prcopeaty t4 n.equ.iviced to obtatn compt-Lance .a a a
conditf on o4 obta.tni.ng a Bu 2 i ng Pe+rm.it.
P2ope,tty Zocatton t.6 to compt.Zance w.i,th the pn.ov4,6.Lon6 o4
Chapter", 148, Section 26 C/E, M.G. L.
Exp i4.a tivn date: : 3o 3
S ig vice 04 'L't b4tcta2
Fee due: unde,% 7, 500 Sq. Ft. 1 . 0 /
FIRE DEPARTMENT CERTIFICATE OF APPROVAL FOR BUILDING PERMIT
In compliance with the provision of Section 113.5 of the Massachusetts
State Building Code, and under guidelines agreed upon by the Salem Bldg.
Inspector and the Salem Fire Chief, the applicant for a building permit
shall obtain the Certificate of Approval (see reverse side) and stamped
plan approval from the Salem Fire Prevention Bureau..
Said application and approval is required before a building permit may be w
issued. The Massachusetts State Building Code requires compliance w
approval of the Salem Fire Department, with reference to provisions of LL m w
Articles 4 and 12 of the Building Code, the Salem Fire Code, Massachusetts 9Xf- p
General Laws, and 527 Code of Massachusetts Regulations. O cn ~F
The applicant shall submit this application with three (3) sets of plans, W Z J
drawn in sufficient clarity, to obtain stamped approval of the Salem Fire a
Department. This applies for all new construction, substantial >" .w w
Z
alterations, change of use and/or occupancy, and any other approvals as u) y
required by the Massachusetts General Laws, and the Salem Fire
Exception: Plans will not be required for structural work when the
proposed work to be performed under the building permitwill `
not, in the opinion of the Building Inspector;.require `a
plan to show the nature and character of the work to be --
performed._. performed. tiN5 ,
t
Notice: Plans are normally required for fire�'suppress on systems, d i
fire alarm systems, •tank installations, and Fire Code
requirements.
Under the provisions of Article 22 of the Massachusetts State Building
Code, certain proposed projects may not require submission of plans or
complete compliance with new construction requirements. In 'these
cases, provisions of Article 229 `Appendix T, and Tables applicable
shall apply. This section shall not, however, supersede the
provisions outlined in the Salem Fire Prevention Regulations, Chapter
148, MGL, or 527 Code of Massachusetts Regulations. All permits for
fire code use and/or occupancy shall apply for the entire structure;
fire alarm and/or smoke detector installation shall apply to the
entire structure based upon current requirements as per Laws and/or
Codes, but the existing structure may comply with regulations
applicable for existing structures. -
Notice: Sub-contractors may also be required to file individual
applications for a Fire Department Certificate of Approval
for the area of their work. Such sub-contractors shall file
an Application to Install with the Fire prevention Bureau
prior to commencing any work for those areas applicable.
t FoIR
Form 81X (10/90) '(HENT VOR B UXL .. , pp?
OE ION M�SONE WEEK
pPSPE SINE WEEK i I00s AS LEAS" I
ANFAD........
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
�• � �aar� of ��rettl
TO THE BOARD OF APPEALS:
The Undersiqned represent that he is are the owners of a certain parcel of land located
at NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
The plans involve a full restoration of an 1880 Victorian house
which inlcude an open floor plan on the first floor with new
kitchen and 1/2 bath. The second floor will involve the addition
of a gabled dormer to accommodate a full bath and vaulted ceiling
over a new stairway. It will also include a second floor roof-top
deck off the master bedroom. A full update of all heating and
electrical systems. The outside of the house will be restored to
the original Victorian style.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The house's original footprint, which will remain unchanged, is
currently non-conforming to zoning codes. The house plans involve
the addition of the second floor bathroom dormer which will make a
non-conforming structure higher. This does not comply with one
line in the Nonconformity zoning code, Section 8-4.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem`
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Special permit request to increase the height to allow a dormer
bathroom addition on the second floor.
Owner. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION OF SCOTT AND LAURA CLARK FOR A SPECIAL
PERMIT AT 152 BAY VIEW AVENUE, 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 Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit 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.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a legal building permit.
5. Exterior finishes of the proposed dormer shall be in harmony with
existing structure.
6. All conditions from the previous decision of this Board on June 26,
1991 shall be incorporated into and made part of this decision.
SPECIAL PERMIT GRANTED
September 30, 1992
Richard A. Bencal, Chairman
n w Board of Appeal
N ~�
� J
C�
fY.) �C
O W
U
ply must be filed and approved by the Inspector before a permit for ars slim will be gra•
T
dupliof which when approved by the inspector shall be kept of the building, duriao
cates
the progress of the work.
City of Salem WWd 1
aE /Z -/
7 TEL.#
a'o STATE LIC. # 'a
APPLICATION CITY OF SALEM LICA�_
FOR
PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS
Salem.Mass.
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to iluild according to a to owing specifications:
Owner's name and address
Architect's name
Mechanic's name and add ;
Location of building. No.
What is the purpose of building?
Material of building?
If a dwelling. for how 'manY families-'—
Sin
amilies?Sin of Addition: No. of feet !rout. . No. of feet rear -No. of feet deep,..
No. of stories?
No. of feet from the level of the ground to the highest put of the roof!
now near line of the street?
How near line of the adjoining lot?
What will be the means of access to the roof!
Sin of floor timbm. Iss : sada
Span. Distance on Centeno
-
Size of carrying timbers—
Distance
imbmDistance of supports on centers—
What
ntroWhat kind of support?
Will the building be erected on solid or filled land?
What is the material of foundation!
Will the roof be flat. pitched. mansard or gambrelT
Material of roof covering?
Will the building be heated by steam or hot water Of hot air!
No. of brick wells? When located? Thickness?
Will the budding conform tothe ngnixmests of the law
Estimated cost
/x Signature of appiiana
JW EMARKS c1niv ITY OF PE URY
12
No!
APPLICATION FOR
PERMIT TO BUILD '
ADDITION OR MAKE ALTERATIONS
Location
PERMIT GRANTED .
U 19
' B.mar le,Mrr
Ntichaei S. Dukakis
Governor �� — ✓ ^' >.1D1
' 02108
Kentaro Tsutsumt vt 61T) T:'.'-3.^.00
Chauman
Charles j. Dine--o
Administrator
MEMORANDUM
TO: All Building DcpartmentsiState Budding Inspectors
FROM: Charly 1. Gineuo. Adm:as;:.:or
DATE October 31. 1988
SUBJEC-1. MGt. cao SS4 Added Rv r51{4 ti9 of the ,C11 ^f 19117
The above•mentioned statute rcgwra that debris resulting from the demolition. n3ecia solid
o�a•wai waste
or other alteration of a building or structure be disposed o! in a Property
facility as defined by MGL clll. 5130A and that budding permits or EQUItsea are to indicate the SONO
al the facility at which the said debris is to be disposed. 'MIS REQUIREMENT DOES NOT
APPLY TO NEW CONSTRUCTION.
In order to simpltfv the proms and to provide uniformity. we are auaching a copy Of a form which ym
an either reproduce and use as it is since the Completed form will be atl2rAcd to the office copy of bttildla g
permits or if=== or reproduce it on your letterhead.
1n ase of municipal.commercial.industrial.or multi-unit homing construction. the contractor may not haaw
the dumnter subcontractor at the time of the building permit application In such asci. the attacitod a0P1'
of an AMd2VIt an be iced. I Issue of
should in the have anry abi on please Gc m knowD whfelr v� fl be marled to wa tt
in th
The complete law is contained
l
Rat two weeks It you
QDtkm
4
Chi of �ttlem, 4ttssttcljusetts
OCT13
t. F 02 Ci `J2 ; -goarb of �.Anpenl
CITY19F SALE. � c
CLERK'S CFF„i
DEC_I_SION ON THE PETITION OF SCOTT & LAURA CLARK FOR A SPECIAL PERMIT AT 152
�`�BAY VIEW AVENUE (R-1),�
A hearing on this petition was held September 30, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish Jr. , and Stephen Touchette. 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, owners of the property, are requesting a Special Permit to
increase the height by allowing the construction of a dormer on this
nonconforming structure. The property is located in an R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
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 Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
The Board of Appeal, after careful consideration of the evidence presented
at the hearing, and after viewing the plans, makes the following findings
of fact;
1. Support from the Ward Councillor as well as two immediate abutters was
voiced at the meeting.
2. There will be no change in the footprint of the structure.
3. Granting this petition will allow the petitioner to update all heating
and electrical systems and to restore the structure to the original
Victorian style.
J
PETITION OF SCOTT AND LAURA CLARK FOR A SPECIAL
PERMIT AT 152 BAY VIEW AVENUE, 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 Special Permit 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City' s inhabitants and may
be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit 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.
3 . All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain a legal building permit.
5. Exterior finishes of the proposed dormer shall be in harmony with
existing structure.
6 . All conditions from the previous decision of this Board on June 26,
1991 shall be incorporated into and made part of this decision.
SPECIAL PERMIT GRANTED
September 30, 1992
n Richard A. Bencal, Chairman
;zw Board of Appeal
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DECISION ON THE PETITION OF SCOTT AND LAURA CLARK FOR A
SPECIAL PERMIT AT 152 BAY VIEW AVENUE, SALEM
page three
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
MGL 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 MGL
Chapter 40A. , Section 11, the 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.
Board of Appeal
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Boura of AIT�78
EECISION ON THE PETITION OF CARLTON SKINNER FOR VARIANCES
=.T 152 BAYVIEW AVENUE (R-I )—
nearing on this petition was held June 26, 1991 with the following Board Members
present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane
Stirgwclt and Associate Member Ronald Plante. Notice of the hearing was sent to
=butters and others and notices of the hearing were properly published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting Variances from any and all
density regulations to allow divison of the property in this R-1 zone.
-he Variances which have been requested may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
land, buildings or structures in the same district.
U. 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 purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
11 . There was no opposition expressed.
2. The request for relief is required in order to resolve title defects affecting
the parcel.
The shape of the deeded parcel is substantially different from the shape of
the occupied parcel.
4. The parcel has been occupied by the existing structure/or residential use
since the turn of the century.
5. Granting relief will not vary the existing use and structure.
Cn the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
i . 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 to the petitioner.
DECISION ON THE PETITION OF CARLTON SKINNER FOR VARIANCES
AT 152 BAYVIEW AVENUE, SALEM
page two
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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variances
requested, subject to the following conditions:
1 . Division of the property be as per the plans submitted.
2. Petitioner obtain approvals from any toner Boards and/or Commissions having
jurisdiction.
3. Petitioner and/or assigns maintain, in perpetuity, the seawall abutting
lot 32 as shown on the plans.
Variance Granted
June 26, 1991 y�
Richard A. Dencai, Chairman
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 Sectforl 17 dt
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
;,Nar the date of firing of this decision in the office of the City Clark.
F '7'.1,3nt :o Mass. Ceneral Lars, Ch:infer 808, section 11, the Ve.rfance
Permit ,^,r,,nied herein shrill net take effect until a cony of the
_ .r:cion. tr^ori❑^, l:i^ cerbf.cetion of the City Clerk that 20 days have
p:wo nr-1 no appea! has been filed, or that, if such appeal has teen
_ --- Wad, that ti i,.y been d;s.missc.: or denied is recorded in the South Essex
?eplszry of De Ms and indexed under the name or the owner of record or
.� is recorded and noted ?Ti the o-.:,ner's Certificate of Title.
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� BOARD OF AFaPFJtL
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