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73 BOSTON STREET - BUILDING JACKET 73 BOSTON STREET CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes 0 NO 0 REFERRAL FORM Cons. Comm. Yes 0 No 0 SRA Yes 0 No 0 Date: �,&/741- Address: Complaint: Complainant: Phone#: Address of Complainant: UILDING INSPECTOR KEVIN HARVEY SPn e /7 ft FIRE PREVENTION ELECTRICAL DEPARTMENT HEALTH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TREASURER/COLLECTOR ASSESSOR WARD COUNCILLOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE ABOVE REFERENCED XOMPLAINT AND RESPOND TO DAVE SHEA, WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. AC ON: 1 � Li#n �� zlezn, �Ifitt�sttrh�sP#ts 3 � One �$ttleln Orern L FORM A - DECISION n' U-1 Ms . Deborah Burkinshaw r` City Clerk Salem City Hall L Salem, MA 01970 Dear Ms . Burkinshaw: At a regularly scheduled meeting of the Salem Planning Board held on June 2, 1994 it was voted to endorse "Approval Under Subdivision Control Law Not Required" on the following described plan : 1 . Applicant : Dean Boucher 2 . Location and Description: 73-75 Boston Street Deed or property records in Essex Soutn District Registry. Sincerely, W "W-PdL� 1111L I Walter B. Power , III J Chairman EX\DH\BPFORMA I, I HEREBY CERT/FY THIS PLAN CONFORMS �pAy Sr I o TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF' THE COMMON— STa4 WEALTH OF MASSACHUSETTS. P QEAVEEl:— LOCUS S lLOCUS MAP i FOR REGIS TRY OF DEEDS USE ONL Y STREET PUTNAM N 86°31 ' 56" W 65 . 00 20± I .0 LOT I w 12,826! SF. / t, ti / N 1 . 0 APPROVAL UNDER THE SUBDIVISION PARKING SPACEScc) `0 O / / / CONTROL LAW NOT REQUIRED DEPICTED /�; �ti. �`�� / SALEM PLANNING BOARD rl- ARE PROPOSED . O n 5O . 5 z P A . RALPH _ / CYR ' S 81932 ' 200 E 29 . 70 W I �� m w 01 0 - 25 ' Q, N of I - ', DA TE - z o � _ z 25z CC LOT A O 4285* SF. o N N OD O N 0) C tD O S 80039125' E 7 79 ' BOSTON STREET w r REALTY TRUST LO EXISTING . r 0 r i DWELLING r m i EXISTING O ; z ' DWELLING r r No . 71 r No . 73 r 71 .98 38.00 N 82004'42" W N 82°09 ' 14" W THIS PLAN /S BASED ON THE REFERENCED PLANS, DEEDS SUBDIVISION AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE BOSTON PLAN OF LAND OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED STREET EASEMENTS. LOCATED IN SALEM , MASS . PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. RECORD OWNER: DEAN T. BOUCHER & KIM E. DOWNEY CHRISTOPHER R. MELLO, PLS DEED REFERENCE.. BOOK 85 104 LOWELL ST. PEABODY MA. 01960 18 PAGE 232 (508) 531 -8121 PLAN REFERENCE. PLAN 257 OF 1947 SCALE: 1 " = 20' APRIL 4 1994 PLAN 387 OF 947 PREPARED FOR DEAN T. BOUCHER 8c ZONING DISTRICT IS R- 2 Klt\li E . D O WN EY �. . ASSESSORS MAP 15 PARCELS 284 AND 291 7:.._. :-_ 1 0 10 20 40 60 80 F• 9856 Ctv of . tt1Pm, � HzsSSttCIIuSPt curb ofpeal 9y DECISION ON THE PETITION OF DEAN & KIM BOUCHER FOR VARIANCE AT,-73-75 BOSTON STREET (R-2) A hearing on this petition was held April 27, 1994 with the following Board Members present: Stephen Touchette, Acting Chairman; Stephen O'Grady, Gary Barrett, Associate Members Nina Cohen and Arthur Labrecque. 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 Variances from density regulations to allow property consisting of two residential buildings to be divided, there will be no change in use. Property is located in the R-2 district. The Variance which has been requested may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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: 1. On July 24, 1985, the Board of Appeal granted a Special Permit to allow the property at 73 Boston St. to be converted to a three (3) family dwelling. One of the conditions of this granting was that the building be owner occupied. 2. June 6, 1989 the Board of Appeal granted variances to allow construction of a four (4) unit residential building and garage with ten conditions. 3. February 16, 1994 the Board of Appeal denied the request to have the DECISION ON THE PETITION OF DEAN & KIM BOUCHER FOR A b its of VARIANCE AT 73-75 BOSTON STREET, SALEM r page two owner occupied condition which was placed on the decision granting three (3) units at 73 Boston St. removed and to have the condition that seven (7) parking spaces be maintained at 73 Boston St. be removed. 4. The present request is to allow the property to be divided into two (2) lots, 73 Boston St. remaining a three unit structure which will have the required five (5) parking spaces and 75 Boston St. will remain a four unit structure and will maintain the eight (8) parking spaces as required in the 1989 decision. 5. The Salem Housing Authority, the petitioner for the February 16, 1994 decision which was denied, may become the owners of 73 Boston St. 6. There is an easement from Putnam St. through 75 Boston St. , allowing vehicles access to and from 73 Boston st. , said easement is a deeded right of way and is properly recorded at the Registry of Deeds. 7. A petition signed by eight (8) neighbors and abutters was submitted in favor. On the basis of the above findings of fact, and on the evidence presented at the hearing, the 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 Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief 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 variance 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 in strict accordance with the plans and dimensions submitted. Variance Granted April 27, 1994 Nina V. Cohen, Member / Board of Appeal / DECISION ON THE PETITION OF DEAN & KIM BOUCHER FOR A VARIANCE AT 73-75 BOSTON STREET, 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 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 owners Certificate of Title. Board of Appeal s a_ - N Q-: 00 LAr � L CITY OF SALEM IFICATE ISSUED p ^ ' s SALEM, MASSACHUSETTS 01970 BUILDING PERMIT - CERTIFICATE OF OCCUPANCY GATE Dac. _ 19 86 Oc;PERMIT NO. 7 APPLICANT Dean Boucher ADDRESS 13 'Roston :".t. OTaner _ 1 '! - IKON (STREET) ICONTR'S EICENSLI renovate Ird. floor `)wk- lNUMBER OF ; PERMIT TO I_) STORY Wein- DWELLING UNITS (1+PE OF IMPROVEMENTI N0. - (PROPOSED USE) AT (LOCATION( 73 Boston St_. Ward 4 ZONINDISTRGc4 R_1 (ND.) (STREETI BETWEEN AND ICROSS STREETI (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT, WIDE B. FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE _ USE GROUP, BASEMENT WALLSORFOUNDATION (Te PEI REMARKS, renovate 3rd floor for nn ant. (B.O.A. 7/74/86) CC I +,LLLyyyn n.r%��P1��1�IIi y��> � AREA ORj11m1�Q1' �llla N MEMO VOLUME C ;BIC SOU14E 1EET1 Dgan Tioucaer >'+(u:-r(orF( orP(orn ernbvTill bO BE P ( TED oenv MISSES a.�(oeno OWNER TO BE POSTED ON PREMISES ADDRESS 73 Boston St. SEE REVERSE SIDE FOR CONDITIONS OF CERTIFICATE Sala^,HA X179 jtl Tog*)ector o+` Puildin7s T 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. Approved by Date Remarks PLUMBING Permit No. roved by Date Remarks ELECTRICAL Permit No. Approved by Date Remarks OTHER Permit No. roved by_ Date Remarks OTHER Permit No. Approved by Date Remarks i Titu of Ityttlem, ,fttssar4usetts Public PropertU Department +Nuilbing i9epartment (One #alem Green 508-745-9595 Ext. 3811 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 4, 1994 Robert Ledoux, Esq. City Solicitor RE: 73-75 Boston St. (R-2) Dear Mr. Ledoux: I would like you to fill me in on 73-75 Boston St. I realize they are coming to the Board of Appeal for a Variance. It is my understanding that the lots have never been subdivided through the Planning Dept. I would appreciate all information you could supply me. Sincerely, yy Leo E. Tremblay Zoning Enforcement 0 ficer LET:bms cc: Stephen Lovely, Esq. r �a 4r y 'y� '9ATE ATE ISSUED ATE CITY OF SALEM A 9 SALEM. MASSACHUSETTS 01970 BUILDING PERMIT - 'V��Dmli CERTIFICATE OF OCCUPANCY DATE Ju 19 19 87 PERMIT NO. 623 APPLICANT Dean Boucher i`{ bo9coa bt• UWLWX; f f - 33 INO.) (STREET) (CONTR'S LICENSE) PERMIT TO renovate Sat• SI 2nd f1lSTORY ` 3 DWENUMB LROF 3 ING UNITS (TYPE OT IM PBOVE.E.T. No. )PROPOSED USE) 73 Boston St. Ward 4 ZONING R_2 AT (LOCATION) DISTRICT INO.I TSTREETI BETWEEN AND )f 8055 Si RE E'TI I<RO55 STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS -0 BE FT. WIDE.BY TT. LONG BY I FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION I TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION )TYPE) ,REMARKS: Renovations of lnt h 2nd f.l.norR. Lntnrior AREA OR ---------�C- � _ � VOLUME 'iM4' IAEN! �� p( �9YN,4 C :BIO SOU<RE.REETI El Dean Boucher m�venv.�lvrrlve lvr verlbrnvcFT vn vem vermcrmrnomo OWNER TO BE POSTED ON PREMISES ADDRESS 73 Boston St. , Salem,MA SEE REVERSE SIDE FOR CONDITIONS OF CERTIFICATE Yaspector of Buildings 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. Approved by Date Remarks PLUMBING Permit No. • Approved by Date Remarks ELECTRICAL Permit No. Approved by Date Remarks OTHER Permit No. . Approved by_ Date Remarks OTHER Permit No. Approved by Date Remarks C ERTIFICATE ISSUED CITY OF Ta DATE s SALEM, MASSACHUSETTS 01970 BUILDING PERMIT - '��0T1f0a CERTIFICATE OF OCCUPANCY DATE ..!RTC" 91; 19 1?7 PERMIT NO. 176 APPLICANT n,..- R.nl.nw qT ADDRESS 71 P2 -*nn Ct O¢mE17 _ (NO.) (STREET) ICONTR'S LICENSEI PERMIT TO •'Sli -+ -1 ...'.._..�...r ..�..lr '! NUMBER OF (_I STORY NUMBER EING UNITS (TYPE OF IMPROVEMENTI N0. (PROPOSEO USE) AT (LOCATIONI 71 PriPt .n St. A ZONING DISTRICT �+? (N0.) (STREETI BETWEEN AND ICR05S STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE P, FT. LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: y� • �� AREA OR L VOLUME 17 C�:BI50 Vl9E FEET( Den LDuch,Lr Vf1lvFrlvrnvrr.ve'rlo.cnvr.�avlbeimrll o.rnvvlarrlvale�.vcnn OWNER TO BE POSTED ON PREMISES ADDRESS � Lost0L1 St SEE REVERSE SIDE FOR CONDITIONS OF CERTIFICATE Ol u In-puccor of Euildinc,s 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. Approved by Date Remarks �MBING Permit No. Approved by Date Remarks ELECTRICAL Permit No. Approved by Date Remarks # HER Permit No. pproved by_ Date Remarks OTHER Permit No. Approved by Date Remarks of ,,-5ttlem, Anssadjusetts 3 sattra of APad 'i aQ ^. w�. DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER (OWNER) REQUESTING ELIMINATION OF PREVIOUSLY IMPOSED REQUIREMENTS OF A SPECIAL PERMIT AND AN ADDITIONAL SPECIAL PERMIT AT 73 BOSTON STREET. ) (R-2) A hearing on this petition was held February 16, 1994 with the following Board Members present: Stephen Touchette, Vice Chairman; George Ahmed, Albert Hill and Associate Member Nina Cohen. 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 are requesting the removal of the owner occupied condition on a decision dated July 24, 1985 which allow property to be converted to a three family and to reduce the number of parking spaces from seven (7) to four (4) . Petitioner is also requesting a Special Permit to allow an existing deck that encroaches on side setbacks. The property is located in the R-2 district and is owned by Dean Boucher. 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 Sections 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. The reduction of the parking requirement would impact the neighborhood. 2. The proposal as submitted would have a negative impact on the surrounding neighborhood. DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) , DEAN BOUCHER FOR ZONING RELIEF AT 73 BOSTON ST. , SALEM page two :u - � U On the basis of the above findings of fact, and on thQt,ev denee presented, the Board of Appeal concludes as follows: - 1. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience or welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted one ( 1) in favor (Mr. Ahmed) three (3) in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied February 16, 1994 Albert C. Hill, Member 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 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 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 or 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 MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION 2 CENTER PLAZA BOSTON, MASSACHUSETTS 02108-1904 800-392-6108 617-723-3800 DATE 06/27/97 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws, Ch. 139, Sec. 3B TO: SALEM BUILDING COMMISSIONER SALEM CITY HALL SALEM MA 01970 RE: Insured: DAVID ROSADO & ADA ROSARIO Property Address: 121 BOSTON STREET SALEM MA 01970 Policy Number: 20-2-422328-00 Type of Loss: WINDSTORM Date of Loss: 02/27/97 Claim Number: 20-2-0160696 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000. 00 or cause Massachusetts General Laws Chapter 143 , Section 6 to be applicable. If any notice under Massachusetts General Laws Cha ter 139 Section 3B is appropriate, please direct it to the a tendon of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number. MPIUA Claims Division MUA-CL-21