12 BOSTON STREET - BUILDING JACKET 12 BOSTON STREET R
SALEM HEALTH
DEPARTMENT
Memo
To: Leo Tremblay
From: Joanne Scott
Date:November 13, 1996
Re: 12 Boston Street
Dear Leo:
Today I was informed, by Joseph Paparella of the regional
Massachusetts Department of Environmental Protection, that
an asbestos contractor had been rehired for the property
located at 12 Boston Street. In addition, a DEP inspector
determined yesterday that all the asbestos at that location has
been removed in accordance with DEP regulations.
Therefore, this Department is no longer requesting that you
revoke the Building Department permit issued for this property.
Thank you for your consideration.
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Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(508)745-9595 EXT.311
NOTICE OF DENIAL OF APPLICATION TO WAIVE THE DEMOLITION DELAY ORDINANCE
RE: 12 Boston St.
On Wednesday, January 3, 1996 the Salem Historical Commission unanimously denied an application to waive the
Demolition Delay Ordinance from Michelle Sandler and Wanda Kauffman and DPJ Realty to demolish 12 Boston
Street.
I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date.
January 4, 1996
Jane Auy
Clerk o the Commission
cc: Building Inspector
City Clerk
of 3ttlem, Mttssttc4usetts
Public Prn}tertg Bepartment
+Nuilbing 19epartment
(lane #alem (tureen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
February 27 , 1996
RE : 12 Boston Street
Dear Mr . Boris :
The waiting period for demolishing of the building
located at the above mentioned address will comence from
January 4 , 1996 .
Sincerely,
Leo E . Tremblayr
Inspector of Buildings
LET: scm
(C-t" of �ttlem, �4Rttssttcllus�etts
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'Battrd of -Appeal 3 04 PIS '5z
-AppC"'OF
C1ESSCC , FSS
DECISION_ON_THE_PETITION OF DPJ REALTY TRUST FOR A SPECIAL PERMIT AT 12
BOSTON STREET (R-2)F
- _ - 2
A hearing on this petition was held June 3, 1992 with the following
Board Members present: Richard Febonio,Acting Chairman; Edward
Luzinski , Francis Grealish Jr. , Stephen Touchette and Associate Member
Ronald Plante. 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 and represented by John Boris , Tr. ,
are requesting a Special Permit to convert the premises from a sales
office plus one dwelling unit into a two family dwelling. The property
is located in an R-2 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 . There was no opposition to this petition.
2. The property was converted to a two family dwelling by the Board of
Appeal June 17, 1971 at the request of the previous owner, Emanuel
Distefano.
DECISION ON THE PETITION OF DPJ REALTY FOR A SPECIAL PERMIT AT 12 BOSTON
STREET, SALEM
page two JUN 17 3 04 Frj '31
ITY OF
3. The Board of Appeal ranted the CigpgpKW,��V��`Ofi
pp g present owners a Vari h _'f SS
18, 1981 to convert the two family into a mixed use building, t e iTft
floor being utilized as a sales office and the second floor an
apartment.
4. The economic times makes the use of the property as a two family a
more feasible use.
5. Councillor Kevin Harvey spoke in favor.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
I . 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, 5-0, 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. A legal building permit is to be obtained.
5. A Certificate of Occupancy is to be obtained.
SPECIAL PERMIT GRANTED
June 3, 1992
Ronald G. Plante, Assoc.Member
Board of Appeal
DECISION ON THE PETITION OF DPJ REALTY TRUST
FOR A SPECIAL PERMIT AT 12 BOSTON STREET, SALEM JUN 11 3 04 PM 191
page three
CITY OF SALEM, MASS
CLERK'S OFFICE
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 to 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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Mr. Emanuel 1)LStefano ,
12 Boston Street ,
Salem, Massachusetts
Dear Sir:
Tt, will be necessary for me to refuse to issue a permit to erect
a commercial. building at 12 Boston Street , as the City of Salem Zoning
Ordinance designates this an R-2 district zoned for two-family residences ,
and occupancy of the proposed structure as a restaurant is not a permitted
use in the R-2 districts .
The density regulations of the Ordinance limit lot coverage by all
buildings in the R-2 districts to 35%, and with the new building you
propose to erect , the lot coverage would be 44%.
However, I wish to advise you of your right to appeal from this
decision to the Board of Appeals who may in some cases , vary the applica-
ble terms of the Zoning Ord=inance .
If you desire to appeal to this Board, please submit your petition
in triplicate on the enclosed forms . An instruction sheet containing
necessary requirements for appealing to the Appeals Board is also en-
closed , and must be followed very carefully to insure a proper presen-
tation of your appeal .
The next meeting of the Board will be held on October 27 , 1971 ,
and all necessary data must be presented to this office no later than
October 1 , 1971 to insure your appeal being heard at that meeting.
Very truly yours ,
Inspector of Buildings