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75 BOSTON STREET - BUILDING JACKET 75 BOSTON STREET .�o CITY OF SALEM MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT R 120 WASHINGTON STREET, 3RD FLOOR 'a 'luSa SALEM, MA O 1970 TEL. (978)745-9595 EXT. 380 ' B FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR September 16,2002 Dean Boucher 13 Arthur Street Salem, Ma. 01970 RE: 75 Boston Street Permit#471-2002 Mr. Boucher: Under the authority of Massachusetts Building Code 780 CMR, Section 119.1, I am issuing a stop work order on building permit#471-2002. The supporting documents presented, supporting the insurance of building permits, appear to be incorrect. The issue is the easement granted by you, across your property, and it's location relevant to the placement of your garage. Also, in researching this problem, it has become obvious that you have not complied with the number of parking spaces that were required when you received a variance for 75 Boston Street. You are directed to contact this office upon receipt of this letter to discuss your plans to rectify these problems Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office. Tom Phillbin Councillor O'Leary Carol McGowin, Salem Housing Authority Jay J. Curley Mark M. Curley Attorneys At Law 24 Yale Avenue (781) 245-1000 Wakefield, MA 01880 FAX (781) 245-1010 February 3, 2000 Frank DiPaolo, Building Inspector City Hall 93 Washington Street Salem, MA 01970 RE: 75 Boston Street, Salem, MA Owner: Dean T. Boucher Dear Mr. DiPaolo, I represent Joseph Floccher who was injured on the real estate known as 75 Boston Street, Salem, MA. Please forward any violations, citations or complaints issued by your office from February 1, 1999 to February 1, 2000 concerning the real estate known as 75 Boston Street, Salem, MA. Since"Cl ely, Ja J. C - JJC:js Tity of *Ulem, massac4usetts Public 'Propertq Department Nuilaing Department (Ont daltm (Srttn 500-715.9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1996 Dean Boucher 13 Arthur Street Salem, Mass . 01970 RE : 75 Boston Street Dear Mr. Boucher : This office has been more than patient with the progress ,or lack of progress at the above mentioned location . If this office does not see major improvement within the next fifteen ( 15 ) days , I will file a criminal complaint at the Salem District Court . Sincerely, Leo E . Tremblay Inspector of Buil Ings LET: scm cc: David Shea Councillor O ' Leary, Ward 4 Jun 27 y (fitu of �$afem, Anssuchu8Ptt6�.rs f 39var 1 Df '1IipP2fl ITy ." ' . . S. DECISION ON THE _PETITION OF DEAN BOUCHER FOR VARIANCES AT 75 BOSTON ST. r(_R-2) A hearing on this petition was held June o, 1989 with the following Board Members present: James Fleming, Chairman; Messrs. , Febonio, Dore and LaBrecque. idotice 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, owner of the property, is requesting a Variance to allow construction of a four (4) unit residential building and garage in this R-2 district. 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 and 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 purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented and after viewing the plans, makes the following findings of fact: 1 . There was no opposition and several people, including the Ward Councillor Leonard O'Leary, spoke in favor. 2. A previous Special Permit and Variance had been granted to this property allowing construction of four (4) attached dwellings together with a garage. 3. The topography of the lot plus substantial areas of ledge make this a more feasible development of the land. 4. There will be adequate parking on site 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 generally; 2. Literal enforcement of the provisions of the Ordinance would work a substantial hardship to the petitioner; 7 . DECISION ON THE PETITION OF DEAN BOUCHER FOR VARIANCES AT 75 BOSTON STREET, SALEM page two 3. The relief request can be granted without substantialdetriment 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, 4-0, to grant the requested Variances from minimum lot area, side yard setbacks, front yard setbacks and use to allow construction of a four residental unit building plus garage, subject to the following conditions: All construction be done as per the pians submitted. 2. Eight (8) on site parking spaces be maintained, as per the plan submitted. A. right of way from Putnam Street, allowing vehicular access, be created by deed, and properlty recorded in the South District, Essex County Registry of Deeds. ;11 the requirements of the Salem Fire Department, relative to fire safety be adhered to. 5. ?roper numbering of the four (4) units be obtained from the City of Salem Assessors Department. o. All construction comply with the Massachusetts State Building Code. ? . Building Permit be obtained from the Inspector of Buildings. 3. A Certificate of Occupancy for each unit be obtained. 9. Exterior finishes of the proposed building and garage blend with the existing neighborhood. 10. All vehicular access and egress to and from the site be from Putnam Street, vehicular access and egress being prohibited to and from Boston Street. VARIANCES GRANTED dames M. Fleming, Esq. , irman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK ..^ :'tis decision, if any, shall be made pursuant to Section 17 of Laws. Chepfer 808, and snail be filed within 20 days fLln7 ci lois dccisien in the orfice of the City Clerk. . .-. . - . ..a.. P_�e r! L.r,v;, Ch:.n•er 803, Section 11, the Variance .,:,rt �; ,-.n t�.a herein shall cit taste ertact until a copy of the of the City Clark that 20 days have .. .... _ :,� his been filed, or trat, if such appeal has been ... .i los s-n^-n di>missed or c!enied ;s recorded in the South Essex -I Cc_:!s and i:Ad x-d under the name or the owner of record or is rceor -J anu noted on the owner's Certificate of Title. BOARD OF APPEAL, Dean Boucher 79 Boston Street Salem. Massachusetts 01970 (508) 745-0305 City of Salem Board of Appeals 1 Salem Green Salem,MA 01970 Attn: Inspector James Santry Rei 75 Boston Street --Saaem -- Dear Mr. Santry, Please note that I have been approved for the building of four townhouse units at the above mentioned address . I would like to request an extension on this project for the following reasons ; The land is a difficult piece of property to work ;on. The surrounding houses are close to the lot therefore making blasting difficult . The excavating contractor has been delayed on another project . I would greatly appreciate any considerations you could give me on this project so I may build quality units on the lot in question. Therefore ,I am requesting a six month extension on this project . ncerly, 1/ Dean Bouc er J-1$ a CAJ C_ F to >rrs cm 2 a vn ca Dean Boucher 13 Arthur Street Salem, , MA 01970 11-16-90 City of Salem One Salem Green oQ, Salem, MA 01970 c = c Attn: J. Santos `� a cn n co Z �*m r— Dear Mr. Santos, o I , Dean Bouhcer request a 90 day-extension on „the bu' dingy / of a structure=at<75-Boston Street -in-Salem. Due t-0.4 recent economic downturn this particular project was started and financed then withdrawn because of their own misfortunes. We are currently looking elsewhere for the additional financing to complete the project . I assure you this will be done as timely as possible . Tha ki a y iLdvance for your cooperation. can Bou her 5 S'6' 3 _ �� ca•.r,4 Ctu of "Mem, asstteljuse##s OCT 14 3 za PM '87 # f 111,Et? J 9 Pourb of '4FEA CITY QtERK. BALFK. NA3'. ' DECISION ON THE PETITION OF DEAN T. BOUCHER FOR A SPECIAL PERMIT AND VARIANCE FOR�75 BOSTO'd STREET A hearing on this petition was held August 5, 1987 with the following Board Members present: Janes Hacker, Chairman; Messrs. , Fleming, Luzinski and Associate Members Dore and LaBrecque. Notice of the hearing ties sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusetts General Laws Chapter 40A. The petitioner, represented by Attorney George Vallis is seeking a Special Permit and Variance to allow four (4) residential units to be constructed on an undersized lot at 75 Boston Street, which 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 V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance the Board of Appeal may, in accordance with procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures,a nd 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 mroe 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 Variance which has 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 and structures in the sane district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner;- and c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating fror, the intent of the district or the purpose of the Ordinance. The Board of Appeal, after hearing the evidence, and after viewing the plans presented, makes the following findings of fact: 1 . No opposition to the petition .,,as presented at the hearing; 2. Councillor at Large Robert Gauthier spoke in support of the petition, indicating that the proposed four (4 ) townhouses would be an appropriate development in one of the main entrance corridors of the City. DECIS?ON ON THE PETITION OF DEAN T. BOUCHER FOR A SPECIAL PERMIT AND A VARIANCE AT 75 BOSTON STREET, SALE-' i' page two 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 . The proposed development will promote the convenience and welfare of the City's inhabitants and will be in harmony with the district; 2. The relief requested can be granted without substantial detriment or without nullifying or substantially derogating from the intent of purpose of the Ordinance; 3. Special conditions exist which especially affect the subject property but not the district generally; 4. Literal enforcement of the provisions of the Ordinance would involve substantial economic hardship to the petitioner. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Varaince and Special Permit, allowing the construction of four (4) residential units on the undersized lot, subject to the following conditions: 1 . All construction be done as per the plans submitted to the Board; 2. Fourteen (14) off street parking spaces be maintained, as per the parking plan submitted to the Board; 3. A right of way from Putnam Street, allowing vehicular access, be created by deed, and properly recorded in the South District, Essex County Registry of Deeds; 4. All the requirements of the Salem Fire Department, relative to fire safety, be adhere to; 5. Proper numbering of the four (4) residential units be obtained from the Assessors Department, City of Salem; 6. All construction meet the recuirements of the State Building Code; 7. Building be obtained from the Salem Building Inspector; 8. A Certificate of Occupancy be obtained for each unit prior to occupancy; 9• The four (4) residential units have exteriors that blend with the. existing neighborhood; 10. Al vehicular access and egress to and from the site be from Putnam Street, vehicular access and egress being prohibited to and from Boston Street. VARIA14CE E SPECIAL PERMIT. GRATITED 41011 APPEAL FROM THIS DECISION, IF AYY. SHALL BE MADE PURSUANT TO SE '' 7 OF '; ; (,G _ GENE?=L L"WS. CH-11PTER 8CF, A':D SHALL EE FILED WITHIN 2' DAY a,^�S M. Fleming, Esq. , Vic Chairman OF Tha -C_C!S:5 ' I'l THE Ori"E OF THE CITY GEtn. GOPY;,E3£_ F{3 S;OE SIi©PbEH9S R 1 L J.FfiSd TI3A ,, TLANNING BOARD AND THE CITY CLERK ..T J7:T.IL A COFI O < V `U G.Y° -sic e'c'.r.� til C .l C F.!t 'i _ I EN D iI. OR Tr l IF S'J1 F.. Aon AL t :1 E _. c ir•! D -X:D L RECD IN Wr C. E ESS f " " OF CE.,l R5 OR IS R-�GRDEC �:,? �• DI. Til (. .;Er 3 L.cR':ii ICA E TITLE. 3 CnitU of 1-53, ttlem, Massttr4usetts Public Propertg Department Nuilbing i3epartment (Ont 6slem (Boren 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1996 Dean Boucher 13 Arthur Street Salem, Mass . 01970 RE : 175 Boston Street Dear Mr . Boucher : This office has been more than patient with the progress ,or lack of progress at the above mentioned location . If this office does not see major improvement within the next fifteen ( 15 ) days, I will file a criminal complaint at the Salem District Court . Sincerely, Leo E . Tremblay Inspector of BuilIngs LET: scm CC: David Shea Councillor O ' Leary, Ward 4 c3A- j P r—AIV EE! t1a buuv , DEEP BOOK 13 PLAN BOOK 25 (PLr811C — UAh'lABLE W1, PLAN IN DEED I.ROQ, (FL?) i 65 00 — c ROD rgJ 1) THE PURPOSE `V 00 ' SHOW r- E' RE r Exrsrttrc c�veeE t vii o f CONDUCTED Ol )NEL BARATA /LN/NQAAChY fl 2) THIS PLAN DOa L OCA TED ON 1 s~ �+, max , r RECORD DWNER.` f�a DEAN T BOUCHER IJ ARTHUR STR£E :L HOLE IN • t - ���g� �� SALEM, MA 1CRVE PA 770 /poo MARSHA CONWA Y PLAN W DEED BOOK 2564, PAGE 258 a 1� LA ro 25,00� O ., of 00, co 2- � + h �-..�. Cw. ' a.s... w Tana•1n� sYA �n 0-R-ma, (fit of ,�ttlem, . ttssrzdlusetts �Rvara of AFF?al r-)C pyn1,71 l icI kz �T {} i°� ,li .t 289 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. 'Received 9y Salem Housing Authority JUN B 1994 Time .. i _ ._ ..... .. .. .. ..........._ ... _._.._.......... DECISION ON THE PETITION OF SALEM HOUSING AUTHORITY (PETITIONERS) ; DEAN BOUCHER FOR ZONING RELIEF AT 73 BOSTON ST. , SALEM page two , Ilii6 {'}J 3 '$ I i, iii On the basis of the above findings of fact, and on the evidence 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. Date APR 2.8 19V54 Board of Appeal hereby certify that 20 days have expired rrom the date this instrument was received, , end that NO APPEAL has been fled in this office. Hece;ved� .� Set®m g Housing Authority True Copy c TTaTs CITY CLERK, Salem, Mast JUN 8 1994 11me R � , a Y DoT P 926= 12, r \ ALp S?PCF-S ICD PARK'NG DEP pSED • y � �` l � r. 15 �:� a E �C 4• ZQ` � ..N s 9� 32'zo TO 29. PRDpDsED. / ID 2 n µ N ` 2 �,< GAR�6E Ol 5 t\ a }/�pT sF gO RE4TY TR r US E EXISTING S 80°3g'25°7 79 ING n EX STING ` No 75 pWEI-I-�NG f -ten 7\ •g8 e 73 9209 -38.00 505 -TON CITY C BUA..DING I Mh EOWNER LI Please Print DATE JOB LOCATION HOMEOWNER ADDRESS HOMEOWNER TELEPHONE PRESENT MAILING ADDRESS The cwrcnl exemption of"homeowners"was Units or less and to allow such homeowners to en liccns%:,provided drat the owner so sas supe i i I j III ASSESSORS.- MAP 15, LOTS 284 & 291 PUTIVAM (PUBLIC NO RECORD W/DTH ) S TREET REFERENCES: Z `p DEED BOOK 13187, PAGE 99 (BOUCHER) HELD/.ROD, (FD _ I.Roq (SET) DEED BOOK 12739, PAGE 31 (EASEMENT /o.BB' /.ROD TO /.ROD TO SALEM HOUSING AUTHOR/TY) 9Z ) N3736'22"W ._20.03' !�/ROD, FD ) HELD FOR DIREC77ON PLAN BOOK 293, PLAN 8 ON 2s 7I `1.00' PLAN IN DEED BOOK.3551, PAGE 532 20 00 p NO TES.- UDNEL BARA TA EXIS711VG CoNCRETE FOUNDA7701V 1) THE PURPOSE OF THIS PLAN IS TO MODIFY THE L OCA TION OF THE ACCESS EASEMENT h ` SHOWN ON PLAN BOOK 293, PLAN 8. h 2) THIS PLAN CORRECTS MA THEMA TICAL ERRORS ON PLAN BOOK 293, PLAN 8. LEGEND 3,48"W/ O IRON ROD, (SET) DRILL HOLE, (FD) I /.ROD 12' • MAGNETIC NAIL, (SET) �' .70(REC �_ / 50 cNv RECORD OWNER: o STAKE & NAIL, (SE T) 29.49' (MEA) o DEAN T. BOUCHER 4 13 ARTHUR STREET `�% "E SALEM, MA 55 '23 MARSHA CONWAY PLAN IN DEED BOOK 2564, PAGE 258 AGEMENT EASE h 2 ..00' "� i j I� o 00, 0 Q "4i 3 S'32�33"E Om h � I o °'h � LOT 1 12,826fS.F. j h o DEAN T. BOUCHER Df7A11- o N. T. S pWELL/N I CERTIFY THAT THIS PLAN CONFORMS TO 3800, \ 71 PLAN B00GKSCAZeD FROM THE RULES AND REGULATIONS OF THE 98' I 293 PLAN 8 � REGISTERS OF DEEDS. DH(Fp) 0.36' I EASEMENT S3471 p4 E 38°HOL DPLAN OF LA ND R/LL E(Fp) 7198' REC DATE PROFESSIONAL LAND SURVEYOR j HELD HOLE(FD) S 33 745& HELD ��' 1N FOR D/RECTION 2 E FOR REGISTRY USE BOS'T�1,^V SALEM, MA CJP ( UB L i No REcoRo WjprnPREPARED FOR I CERTIFY THAT THE PROPERTY LINES SHOWN ARE ) `S'TREET SALEM HOUSING AUTHOR/TY THE LINES DIVIDING EXISTING OWNERSHIPS, AND i THE LINES OF STREETS AND WA YS SHOWN ARE THOSE OF PUBLIC OR PRI VA TE S7PEETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES! SCALE.- I " = 20' MARCH 21, 2003 FOR DIVISION OF EXISTNG OWNERSHIPS OR FOR I NEW WAYS ARE SHOWN. (MASS. GEN. LAWS O 10 20 40 80 CHAPTER 41, SEC. 81-X). ' ASAHANCOCK SURVEY ASSOCIATES, INC, 235 NEWBURY STREET, DANVERS, MASSACHUSETTS 01923 VOICE 978-777-3050 FAX 978-774-7816 www.hancockassoclates.com DATE PROFESS/ONAL LAND SURVEYOR CHECKED BY.•&6 9518 i