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11-13 BRYANT STREET - BUILDING JACKET { 11- 13 BRYANT STREET �i ! r J g\ l S I b!© � S� ��✓a/ra� p)ytvU nNDIT CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL n T' 120 WASHINGTON STREET, 3RD FLOOR Q. SALEM, MASSACHUSETTS 01970 �fn TELEPHONE: 978-745-9595 poi FAX: 978-740-9846 KIMBERLEYOR ISCOLL 2 0 I0 'S JA,4 P 1 18 January 5, 2010 F� r CITY Decision Petition of Thomas McDonald seeking to Amend Decision of February 19, 1986 Requiring Owner Occupancy for the Property located at 11-13 Bryant Street A public hearing on the above petition was opened on December 16, 2009 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Robin Stein, Beth Debski, Becky Curran and Jimmy Tsitsinos. The petitioner, Thomas McDonald, owns a three-family home at 11-13 Bryant St. in the Two-Family Residential (R-2) district. Pursuant to a Decision of the Salem Zoning Board of Appeal granted on February 19, 1986 and date stamped March 4, 1986, the property was granted a Special Permit for the nonconforming use, subject to the following conditions: 1. No less than seven (7) non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. The applicant requests that the City of Salem Zoning Board of Appeal allow an amendment of the earlier decision to remove the condition of owner occupancy. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact: 1. Thomas MacDonald, the owner and petitioner, represented himself at the hearing. 2. 1n a petition date-stamped October 28, 2009, the petitioner requested the removal of the clause from the previously issued Board of Appeals decision requiring owner occupancy for a three-family use. 3. As grounds for his request, Petitioner states that each of the three units in the building is improved for use as a rental apartment, and each unit was so used from the time he purchased the property in 1995.until several years ago, when he became aware that the property could only legally contain two units if not owner- occupied. In late 2005 the petitioner undertook to improve the parking area to create seven parking spaces. After a delay caused by the nonperformance of a 1 landscaping contractor, he was able to complete the improvements to the parking area, and he provided the Board with photographs of the improved parking area at the hearing on December 16, 2009. 4. Although Petitioner does not occupy the building, he stated that he is a committed landlord with a responsible attitude toward his tenants and toward the neighborhood. He further stated that if the building were used as a two-family, one of the units would be overly large and would be difficult to rent out. 5. Petitioner submitted a petition with 105 signatures of neighborhood residents who supported the use of the building as a non-owner occupied 3 family residence, including both resident and non-resident owners and tenants. Five neighbors also submitted letters in support of the petition. Support letters indicated that the property had been well maintained and that the petitioner was a conscientious landlord who made sincere efforts to address neighborhood concerns. Two residents spoke in support of the petition at the hearing. 6. One neighbor called two sent letters in opposition to the petition, including Ward 6 City Councilor Paul Prevey. Opposition letters stated that the property had not been properly maintained and managed with regard to issues such as parking and snow removal. No one spoke in opposition at the hearing. In consideration of the above, the Salem Board of Appeals voted, four(4) in favor, none (0) opposed, to grant the petitioner's request for an amendment to the March 6, 1986 Decision of the Zoning Board of Appeal, subject to the following terms, conditions, and safeguards: 1. With the exception of the owner occupancy requirement, the terms and conditions of the 1986 special permit are incorporated herein. Where the concerns that often result in this Board requiring owner occupancy for an additional unit, such as adequate parking and property maintenance are not at issue here, amending the special permit as requested by the petitioner is consistent with the guidelines and safeguards of our zoning ordinance. p Robin Stein, Chair Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 certificate 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 2 J dismissed or denied and 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. 3 I ovwrA� CITY OF SALEM, MASSACHUSET37Sy fir. BOARD OF APPEAL CLERK �EM�E A �' .. 120 WASHINGTON STREET. 3RD FLOOR f SALEM, MASSACHUSETTS 01 970 . " TELEPHONE: 978-745-9595 FAX: 978-740-9846 _ <IOO6 OCTI �. I2 I S KIMBERLEY DRISCOLL P- MAYOR October 17, 2006 Decision Petition of Thomas McDonald seeking to Amend Decision of February 19, 1985 Requiring Owner Occupancy for the Property located at 11 Bryant Street. A public hearing on the above petition was opened on September 20, 2006 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Bonnie Belair, Nina Cohen, Elizabeth Debski, Richard Dionne and Annie Hams. The petitioner, Thomas McDonald, owns a three-family home at 11-13 Bryant St. in the Two-Family Residential (R-2) district with a seven-car garage and additional offstreet parking. Pursuant to a Decision of the Salem Zoning Board of Appeal dated March 4, 1986, the property was granted a variance for the nonconforming use, subject to the following conditions: 1. No less than seven (7)non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. The applicant requests that the City of Salem Zoning Board of Appeal allow an amendment of the earlier decision to remove the condition of owner occupancy. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings offact: 1. Petitioner Thomas McDonald owns a nonconforming 3-family property located at 11-13 Bryant St. in the two-family residential zoning district. In November 2005, he submitted a petition to this Board seeking relief from an owner occupancy requirement, but he withdrew his petition prior to any resolution of the issue. 2. The building in questionwasgranted a nonconforming three-family use pursuant to a Special Permit by a Decision of the Salem Zoning Board of Appeal dated March 4, 1986, which granted such relief subject to certain conditions. The conditions imposed in the 1986 Decision were: A. No less than seven (7) non-piggyback parking spaces be provided on the premises; i B. Access to the parking spaces be hottopped; C. A Certificate of Occupancy be obtained; and D. The premises be owner occupied. Petitioner now seeks to amend the earlier Decision by removing the condition requiring owner occupancy. He is represented by attorney Scott Houseman of 15 Front Street, Salem. 3. As grounds for his request, Petitioner states that each of the three units in the building is improved for use as a rental apartment, and each unit was so used from the time he purchased the property in 1995 until recently. In late 2005 the petitioner undertook to improve the parking area to create seven parking spaces. After a delay caused by the nonperformance of a landscaping contractor, he was able to complete the improvements to the parking area, and he provided the Board with photographs of a smooth, graded and gravel-covered parking area on the property. The Building Inspector stated that he had not yet been asked to determine whether the spaces in the parking area complied with dimensional requirements of the Zoning Code with respect to size and buffer area. 4. Although Petitioner does not occupy the building, he stated that he is a committed landlord with a responsible attitude toward his tenants and toward the neighborhood. He further stated that if the building were used as a two-family, one of the units would be overly large and would be difficult to rent out. 5. Petitioner submitted a petition with 90 signatures of neighborhood residents who supported the use of the building as a non-owner occupied 3 family residence, including both resident and non-resident owners and tenants. The tenants who live in the building also spoke in support of the petition, and petitioner submitted a letter in support of the petition from the Ward 6 City Councilor Paul Prevey. 6. The Board heard from neighbors who supported the petition as well as neighbors who opposed the petition on the grounds that the owner-occupied properties in this area are more stable, better maintained and better controlled as to renter behavior than the non-owner occupied properties. Some neighbors stated their concern with access, stating that when vehicles are parked illegally at this corner, there is inadequate access for safety vehicles and even school buses. In consideration of the above, the Salem Board of Appeals voted, five (5) opposed; none in favor to deny petitioner's request for an amendment to the March 6, 1986 Decision of the Zoning Board of Appeal, subject to the following terms, conditions, and safeguards: 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 to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Nina Cohen, Chair Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 certificate 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 and 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. APPLICATION FOR A"[ !UAB iim Nu. (uuIu„I uac u vt-.) rr+uc Trial Court of Massachusetts RiPJ{iNAL COMPLAINT _L of Z District Court Department , the undersigned complainant, request that a criminal complaint issue against the accused charging the offense(c) listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem District Court 65 Washington Street ONLY MISDEMEANOR(S), I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salem, MA. 01970 ❑ BODILY INJURY ❑ COMMISSION OF A CRIME Ll FLIGHT Ll WITH NOTICE to accused. _11 ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS '1 HAS NOT been arrested " q, ,. . ,.,. _ -,-•,_ .- - _ ® • a • DDe a -. NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER AD- zz -Co -7e-, 79.5 Ac Z' w,,or// PCF NO, MARITAL STATUS / /C�'d C/f CaDRIVERS LICENSE NO. STATE ae� GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) COMPLAINANT NAME(FIRST MI LAST) -� COMPLAINANT TYPE PD _ /DS �• �AseBE�G*J -y�C.- ❑ POLICE 71 CITIZEN OTHE01dV/ O / ADDRESS PLACE OF OFFENSE //-/-s &K r _!�4' INCIDENT REPORT NO. OSTN � ��� � CITATION NO(S). a�97d OFFENSE CODE DESCRIPTION OFFENSE DATE 1 Ni !!/a/R�Y"io+c/ CUrQP/N�aN- .e VARIABLES(e.g. victim name,controlled substance,yp&hd value of property,other variable information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKS COMP INANT'S IG TRE DATE FI ED x s ZyOG COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION l HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON j �� b AT �L+ NOTICE SENT OF CLERK'S HEARING SCHEDULED ON: NOTICE SENT OF JUDGE'S HEARING SCHEDULED ON: •^ _ HEARING CONTINUED TO: APPLICATION DECIDED WITHOUT NOTICE TO ACCUSED BECAUSE: ❑ IMMINENT THREAT OF ❑ BODILY INJURY ❑ CRIME ❑ FLIGHT BY ACCUSED ���� *-"' "' it ❑ FELONY CHARGED AND POLICE DO NOT REQUEST NOTICE / EI FELONY CHARGED BY CIVILIAN:NO NOTICE AT CLERK'S DISCRETION �✓•3d'a ❑ PROBABLE CAUSE FOUND FOR ABOVE OFFENSE(S) ❑ NO PROBABLE CAUSE FOUND NOS).). El1. El2. El3. BASED ON [-1REQUEST OF COMPLAINANT ❑ FACTS SET FORTH IN ATTACHED STATEMENT(S) ❑ FAILURE TO PROSECUTE J ii r,rry {,�//�,, ElTESTIMONY RECORDED:TAPE NO. El AGREEMENT OF BOTH PARTIES N� ���I y START NO. END NO. ❑ OTHER:. ❑ WARRANT ❑ SUMMONS TO ISSUE COM NT ARRAIGNMENT DATE: 1��3 /✓�LthG � occR-z(oa/oa) COURT C 'lh/ aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOI.I. MAYOR 120 WASHINGTON S"TREE"f*SALEM,MASSACHUSEI'IS 01970 TEL:978-745-9595♦ FAX:978-740-9846 lit September 12, 2006 �►Ro y Thomas Mac Donald PO Box 23 Beverly, MA 01915 Dear Mr. MacDonald; As the on-going Board of Appeals action to review the conditions that have put this property in Violation has drawn further attention to this property, this resulted in calls to this Office reporting further violations at this.address. In response to the report that this property was being used as an Illegal Rooming House, this Office conducted an Inspection per Section 106 of the State Building Code(780 CMR). It was found at that time that this property was being used strictly as a three family dwelling. There was no evidence that this property was in any way being used as a Lodging House. It has since been reported to this office that pending the outcome of this Board of Appeal action, you have voluntarily vacated one unit so that the current occupancy is that of two families. While this Office appreciates this cooperation pending the findings of the Board, I must remind you that the question as to the existence of this third unit and how it will be afterwards utilized remains. As you have no intention of occupying this property yourself, a decision by the Board against the removal of the owner occupier clause in this decision will require either the removal of this unit or it's incorporation into a larger 2°d unit. Please be advised that the decision to increase the units size while a viable option, does cause concern for us due to the clause within the code that disallows the tenancy of more than three unrelated people. Also of note, is the now properly permitted extension of the parking area, this improvement should help to alleviate the street parking in this neighborhood. Be advised that though this Office understands the need for the materials to properly settle prior to finish paving of this area, we want to be sure that this area is properly surfaced and the fall protection fencing is installed without any excessive delay. If you have further questions regarding any of this please feel free to call me at this Office, (978) 745 -9595, ext. 386. Sinc rely, Q �� o ph E. Barbeau, Jr. A sistant Building Inspector CC: file, Board of Appeal GrnO P.O.Box 7061, 100 Cummings Center, Suite 224G, Beverly, MA 01915 Group, LLC Phone:978-927-5111 • Fax:976.927-5103 November 15, 2005 Mr. Thomas McDonald 4 Radcliff Road Beverly, MA 01915 Subject: Structural Inspection of Aaoal VERSA-LOK Retaining Wall at 11-13 Bryant Street, Salem, MA Dear Mr. McDonald: As requested, we conducted a field investigation on November 10, 2005, concerning the structural integrity of the VERSA-LOK Retaining Wall at the subject residence. The retaining wall, which is currently under construction, is approximately 25 feet long with approximately 6.5 feet of exposed height. A parking area is proposed at the high side of the wall. Based on our inspection and review of VERSA-LOK design guidance we have the following observations and recommendations. 1) There is insufficient geo-synthetic reinforcement (geo-grid) throughout the wall section to accommodate the design loads. The wall currently has only two layers of geo-grid installed which has a maximum capacity of 6 feet of level backfill. The parking area produces a substantial surcharge load which increases the amount of soil reinforcement required. The VERSA-GRID estimation charts in the VERS-LOK Standard Design & Installation Guidelines specify a minimum of 4 layers, 7 feet long and a maximum vertical spacing of 2 feet based upon a assumed soil condition. 2) Backfilling has not been conducted regularly as the wall was constructed. On the date of the inspection the wall was approximately 5 feet tall and no backfill has been placed. The VERSA-LOK manufacturer recommends stacking no more than three courses (about 18") before backfilling. "If the VERSA-LOK units are stacked too high, they may push out of alignment during placement of backfill." You explained that the wall has been at its current condition for a matter of months. Due to the battered setbacks of the wall face, there is a high probability that the wall is out of alignment. P:\Projects\Salem\McDonald-Bryant St\Inspection-Letter.wpd Mr. McDonald Page 2 11/15/05 3) Excessive concrete adhesive was used to glue each block together. VERSA-LOK retaining wall systems are designed to be assembled without glue. Two fiberglass pins are required in each block. This allows minor shifting of the blocks as backfilling is placed and as geo- grid engages the block and soil. Glue is only necessary to secure the cap blocks. The concrete adhesive may also reduce water movement which could lead to freeze-thaw damage. 4) Due to the aforementioned deficiencies, we recommend the wall be disassembled, line & grade reestablished, and rebuilt per our attached sketch, Figure 1 and 2.. Should you have any questions or require additional information, please do not hesitate to contact the undersigned. Very truly yours, GRIFFIN -- ENGINE GROUP, LLC Robert H. Griffin, P.E. Enclosure: Figure 1 - VERSA-LOK Retaining Wall Along Parking Area Figure 2 - General Wall Notes P:\Projects\Salem\McDonald-Bryant St\lnspectionlettermpd f pr /GENERAL: / 1 Existing conditions field investigation done by Griffin Engineering Group, LLC on November 10, 2005. 2. The Contractor shall verify all dimensions, conditions and elevations in the field. Notify the Engineer, in writing, of any field condition uncovered during construction that is not consistent with the plans. 3. Contactor to locate adjacent property lines prior to constructing the retaining wall. Notify Engineer if there is an issue with the retaining wall encroaching on the neighbors land. 4. The Engineer or Architect will not be responsible for Contractor's means, methods, techniques, sequences of procedure or construction or the safety precautions and programs incident thereto, and the Architect/Engineer will not be responsible for the Contractor's failure to perform the work in accordance with the contract documents. DESIGN REFERENCE: 1. The Commonwealth of Massachusetts Building Code, 6th Edition. 2. VERSA—LOK Standard. Design and Installation Guidelines EXCAVATIONS. FOUNDATIONS AND BACKFILL 1. Excavations shall be performed under the supervision of a geotechnical engineer. The geotechnical engineer shall confirm that the base material is adequate to sustain the design bearing pressure, before any foundations/piles are cast. Excavations shall extend in depth necessary to reach the specified bearing layer. 2. Excavation shall be carried down .through soft or organic soils and other unsuitable fill. The leveling pand shall bear on undisturbed natural soil or compacted structural fill capable of supporting a superimposed load of 3,000 psf. The capacity of the soil to support the above loading in addition to the loading imposed by any new fill shall be verified by a geotechnicval engineer before the wall is constructed. 3. All structural fill shall be placed in layers not more than 6" in loose depth and compacted to the following percentages of maximum density as determined by ASTM test method D598: 98% beneath footings; 95% elsewhere. d C w c L < 6=� ROBERT �4't K `o � ORIRflN � a V F'rNl� o ods /pry ENG �Date: 11/15/05 FSCOJeNTS= FBet MR. THOMAS McDONALD 11-13Bryant Street $ Salem, MA U g Griffin Engineering Group, LLC References: Figure y Beverly, Massachusetts General Wall Notes 2 Contractor to Provide Fence or Railing System per Code. Min. 42" Above Finish Grade. Cap Unit. Bumper Curbing Adhere to Top E.F. Shea No. B—BB. Unit w/ VERSA—LOK Fasten with 2—#5 Rebar Concrete Adhesive. Min. 2' Embedment. 2'-0" (Min.)' Finish Grade. VERSA—LOK (Sloped Away From Wall) Standard Units. Install in Running Bond Pattern. 7'-0" Min. VERSA—GRID VG3.0 (Typ of 4) 7'-0" 2'-0" Vibratory Insert (Max ) Compacted VERSA—TUFF Pins (Max.) Granular Fill. (Typ of 2 per Unit) (Max. 6" Lifts) Provide 12" Th. Crushed Stone Behind Wall. C I 4" Perforated Finish Grade Drain Pipe to Daylight 2 Courses t— o (Min. Embed.) < Install 7 oz/sy a —_——J Filter Fabric 0 o Provide 6" Th. 0 3'a " Crushed 2'-0" _� ROBERT qcy N Stone Leveling Paadd (Min.) aRIFFIN m J CML 8361118111 See General Notes FSS/O�NSTA��`NG�� Figure 2 d 6Date: 11/15/05 SCale� Feet 11R13TBrya^nt Street 0 Salem, MA , U References: Figure Griffin Engineering Group, LLC VERSA—LOK Retaining Wall Beverly, Massachusetts Along Parking Area 1 0 a CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RO FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 11 - 13 BRYANT STREET SEPTEMBER 8, 2005 Dear Mr. and Mrs. McDonald; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: ,,:Though.this(department;will'await,theBoardofAppeal decision as to the existing non- compliance regarding the lack of owner occupancy of the dwelling,uait,'wejcannot tolerate the continued violation regarding the parking•situation. The granted variance requires that you maintain seven non piggybacked parking spaces for the tenants of this building, and this case will not go forward until this has been resolved. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2,days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter,pi asc contact the Building inspectors Office at (978) 745-9595, extension 386. SucerelY, Joseph E,Barbeaur t -- Assistant Bili ldingjps PAC AssistantBUlldmgInsgecL% " ,f r," " autt t,yi.k£" tlia'JFSRv S yLITSs {.$ CC: file, Mayor,s,Office,Police Dept.--Councilor BennLB'O A* - - �-� - - - -_ crr -- �- alZ— - I �, _-_-ter^ li i � ' it �',i ill I I 1. "I l Il Iil i�i Ili /•lL � , _ ` .`tea < vk� 37 , 9n . 7? Z 12-CD 3 � iii IfIII iLF��F�3�11 ^ , t _. ,� -- / � i 1 , ilsiP7?#� �lcac2L�� 3 s 1 h 4a 13 �+ � �= I `'j�CTc''-1`L7 1]11 <^cllt� .i 2! Hlf '_. AUGUST 16, 19717 C ES - SALEM, }MASS. _ DECISION ON THE PETITION SUBMITTED BY DOUGLAS HOPPER, FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 11-13 BRAYANT STREET A hearing on this Petition was held on Tuesday, August 16, 1977, with members Jane Lundregan, Donald Eaves, Arthur Labrecque, William Abbott and Associate ,Napher James Boulger sitting on the Board. Associate idember Douglas Hopper was also present. Notices were nailed to abutters and others in accordance with Mass_ General Laws, Chapter 308_ i,Lr. Hopper represeoLnd himself before the Board requesting a Special Perri L: to allow the use of space in his home as a professional office for the practice of architecture_ Such a use requires a Spacial Permit in an R-�2 Zone. - Plr. Hopper noted he would like to use a part of his basement as an office to " conduct his architectural work in order to start his practice without a large overhead. He stated that there would not be a great number of people coming to see _him and that parkin problems would be minimal 1 b most likely that he 5 P�o It would o likely would be going out to see his clients_ ?4r. Hopper stated he would use his garage as much as possible to alleviate the parking on the street_ - The Board unanimously voted to grant the Special Permit requested with the condi- tion that the Permit would cease when Mr. Hopper is no longer the owner of the property. The Board found that it could grant the Special Permit requested without sub- stantial detriment to the surrounding neighborhood. SPECIAL PERMIT GRANTED Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Nass_ General Laws, Chapter 208, and shall be filed within 20 days after the date of filing of this Decision in the office of the City Clerk. - Pursuant to i,Iass. General Laws, Chapter 800, Section ll; the Variance or Special Permit granted herein, shall not take effect until a copy of the Decision, bearing the certificationof the -City Clerk, that 20 days have elapsed and no appeal has been filed, or that, if such an appeal has been filed, it has been dismissed or 'denied is recorded in the South Essex Registry of Deeds and indexed under the name of the o.:n:;r of record or -is recorded and noted on the owner's Certificate of Title. I,. A copy of this Decision has been filed with the Planning Board and the City Clerk. BOARD OF APPEAL i r j . Jane T. hwndr6�c,-n .i „'Secretary (IlitU of*,�$ttlem, Cfttssac4uortts 3.; Poxrb of �} rettl DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT STREET, SALEM A hearing on this petition was heldprgtry2l�q RHP%ith the following Board Members present: Edward Luzinski, AN ing Chairman; essrs. , Charnas, Strout and Associate Members Dore and LaBrecqueFILEWtice 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 Massachusett0j'naMF%1 `-Laws.04 ter 40A. Petitioner, owner of the premises, requests a Special Permit to allow him to convert a two family dwelling into a three family dwelling in this 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 the procedure and conditions set forth in Section VIII F and IX D,. 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, ex- tension, 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 consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The premises can accommodate at least seven (7) on site parking spaces, which is more than adequate for the proposed three family use; 2. An additional unit in the building will not appreciably increase the traffic or density of the neighborhood; 3. A three family dwelling is not out of character with the neighborhood. 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 use of the premises will not be substantially more detrimental to the public good than the existing use; 2. The propose use will promote the health, safety and welfare of the City's inhabitants. DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT ST. , SALEM . page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested provided that: 1 . No less than seven (7) non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy bei obtained; 4. The premises be owner occupied. SPECIAL PERMIT GRANTED Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK cE ,:''DE Pt- .AST TO &.. 20 DA ` ATC r1E il'i CLERK. . - T Ui `L F G PI Tiil Eo AND I u u �.wHB a la F O;�cJ A k. D Ut irE OV.ncR S LER11FIC,.E OF `i cE. BOARD OF APPEAL CITY OF SALEMo MASSACHUSETT91CLERK J � t> nn I* BOARD_OE APPEALS OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1BB5 NOV MAYOR FAX: 978-740-9846 l P 3� 36 DECISION OF THE PETITION OF THOMAS MCDONALD REQUESTING REMOVAL OF CLAUSE FROM PREVIOUS DECISION FOR THE PROPERTY LOCATED AT 11- 13 BRYANT STREET R-2 A hearing on this petition was held November 16 2005 meeting with the following Board Members were present: Nina Cohen Chairman, Nicholas Halides, Robin Stein, Edward Moriarty and Richard Dionne. 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. At the request of the Petitioner, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice requesting to remove clause from previous decision requiring owner occupancy for 3 family for the property located at 11-13 Bryant Street R-2. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE NOVEMBER 16, 2005 / Nina Cohen, Chairman ��'kk), Board of Appeal JJ 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. Board of Appeal CITY OF SALEM, MASSACHUSETTS a. PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR sW� SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 11-13 BRYANT STREET November 4, 2005 Thomas McDonald p PO Box 23 Beverly, MA 01915 Dear Mr. McDonald; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 780 CMR, State Building Code, Section 118, Violations. Which states that it is unlawful to erect any permanent structure without first obtaining a permit to do so. To date, no inspections have been performed regarding the excavation or footing for this structure. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 386. Sincerely, seph E. Barbeau, Jr. Assistant Building Inspector CC: file, Mayor's Office, Councilor Bencal, Fire Prevention CITY OF SALEM, MASSACHUSETTS o. PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR MM6 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 �( MAYOR FAX: 978-740-9846 CO u VIOLATION NOTICE PROPERTY LOCATION 11 - 13 BRYANT STREET SEPTEMBER 8, 2005 Dear Mr. and Mrs. McDonald; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: Though this department will await the Board of Appeal decision as to the existing non- compliance regarding the lack of owner occupancy of the dwelling unit, we cannot tolerate the continued violation regarding the parking situation. The granted variance requires that you maintain seven non piggybacked parking spaces for the tenants of this building, and this case will not go forward until this has been resolved. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter,please contact the Building Inspectors Office at (978) 745-9595, extension 386. Sincerely, Joseph E. Barbeau, Jr. Assistant Building Inspector CC: file, Mayor's Office, Police Dept., Councilor Bencal, B.O.A. ° CITY OF SALEM9 MASSACHUSETTS ?� PUBLIC PROPERTY DEPARTMENT ,i 120 WASHINGTON STREET, 3RD FLOOR �MMe V" SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 11 - 13 BRYANT STREET SEPTEMBER 8, 2005 Dear Mr. and Mrs. McDonald; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: Though this department will await the Board of Appeal decision as to the existing non- compliance regarding the lack of owner occupancy of the dwelling unit, we cannot tolerate the continued violation regarding the parking situation. The granted variance requires that you maintain seven non piggybacked parking spaces for the tenants of this building, and this case will not go forward until this has been resolved. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 386. Sincerely, Joseph E. Barbeau, Jr. Assistant Building Inspector CC: file, Mayor's Office, Police Dept., Councilor Bencal, B.O.A. CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM. MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 �� MAYOR FAX: 978-740-9846 GO VIOLATION NOTICE PROPERTY LOCATION 11-13 BRYANT STREET July 11,2005 Thomas and Donna McDonald 11-13 Bryant Street Salem, MA 01970 Dear Mr. and Mrs. McDonald; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: By terms of the Special Permit,granted in March of 1986, that allowed the conversion of this property to a three family dwelling, this property must remain an owner occupied property, and that seven non piggybacked parking spaces must be maintained. Said violations must be corrected, repaired, and/or brought into compliance within 14 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 380. Sincerely, Thomas J. St. Pierre Building Commissioner/Zoning Enforcement Officer CC: file, Mayor's Office, Councilor Bencal t a<maih (Qitg of 'Sttlem, xssarljusetts Paarb of DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT STREET, SALEM A hearing on this petition was held pryry21%9 AMg+ith the following Board Members present: Edward Luzinskl, Ac ng Chairman; essrs. , Charnas, Strout and Associate Members Dore and LaBrecquepltE4Ptice 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 MassachusettglVeCIO ` I!Laved•"ter 40A. - -- Petitioner, owner of the premises, requests a Special Permit to allow him to convert a two family dwelling into a three family dwelling in this 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 the procedure and conditions set forth in Section VIII F and IX D, 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, ex- tension, 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 consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The premises can accommodate at least seven (T) on site parking spaces, which is more than adequate for the proposed three family use; 2. An additional unit in the building will not appreciably increase the traffic or density of the neighborhood; 3. A three family dwelling is not out of character with the neighborhood. 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 use of the premises will not be substantially more detrimental to the public good than the existing use; 2. The propose use will promote the health, safety and welfare of the City's inhabitants. DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested provided that: 1 . No less than seven (7) non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. SPECIAL PERMIT GRANTED / J Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK LL EF "'ADE PL'..Sl:A:: SE.. .. ., ... ^ is rq {4'1Hi8 20 DCS A_TE': ,r.. E iiq CiT7 CLERK. oil;.^r � -:•;.F . . .:i .r - .. . ri EC.; SEL:'•: li. Tic \'. 1:;r .:a• •-r .c T U�:1:L A C:Pi G' Tu h r.. IS u£iEo AND `, ` i•= la P •cBvcJ A � :J OL Tr£ %NER'S CERIVLATE OF 51LE. BOARD OF APPEAL 1. LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN SAEf14 MASS. 'rlr MaaroEr MAYO ,4sssss�o � . _ Al2ffh �. N 76ad sSF b OF WADLEIGH � � � DWRLMr Qat- P�U This plan has been compiled P055/dZZ Aa#A ' � �\ from .deeds and assessors maps, z/1LQaolllME is - L 'Ib due to the uncertainty of r;r property .lines. 32VAMT sem,Er I hereby qprtify T ypy J✓ST//P /c///S that I have ,SvvED examined the premises and all easements , encroachments and R.92J<M26 A2EA buildings are located on the ground as shown. I further certify that the buildings shown conformed to the dimensional zonil n laws of S/L�H A,'f when SCALE: / `3o constructed. I further certify DATE: A)6- s /9�S that the property /5 located in the estab7�ly od REFERENCE: BK PGJ,��tN of Af4 hazard area. This Plan has been prepared for conveyancing purposes J e: ICH oPHE9 only for the above party, and is not be be used for < boundary measurements. Ch',istopher,R. M 40 LOWELL STREET 35 FOREST STREET PEABODY. MASS. 01960 MEDFORD, MASS. 02155 531 -8121 391 0655 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 /y STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9848 \U/ Vw VIOLATION NOTICE PROPERTY LOCATION 11-13 BRYANT STREET July 11,2005 Thomas and Donna McDonald 11-13 Bryant Street Salem, MA 01970 Dear Mr. and Mrs. McDonald; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: By terms of the Special Permit,granted in March of 1986, that allowed the conversion;of this property to a three family dwelling, this property must remain an owner occupied property, and that seven non piggybacked parking spaces must be maintained: Said violai ons'must be corrected, repaired, and/or brought into compliance within 14 days of youreceipt of this notice. Failure to do so may result in further actions being brought.against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 380. Sincerely, Thomas J. St. Pierre Building Commissioner/ Zoning Enforcement Officer CC: file, Mayor's Office, Councilor Bencal o . Cita of �$ttlrm, 412190ttr4usetts =3, Poxra of }peal DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT STREET, SALEM A hearing on this petition was heldrq�ry2lgq PMJ,�ith the following Board Members present: Edward Luzinski, Ac ng Chairman; essrs. , Charnas, Strout and Associate Members Dore and LaBrecqueFILEWtice 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 Massachusett611Q�i^d1 "ter 40A. Petitioner, owner of the premises, requests a Special Permit to allow him to convert a two family dwelling into a three family dwelling in this 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 the procedure and conditions set forth in Section VIII F and IX D, 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, ex- tension, 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 consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The premises can accommodate at least seven (7) on site parking spaces, which is more than adequate for the proposed three family use; 2. An additional unit in the building will not appreciably increase the traffic or density of the neighborhood; 3. A three family dwelling is not out of character with the neighborhood. 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 use of the premises will not be substantially more detrimental to the public good than the existing use; 2. The propose use will promote the health, safety and welfare of the City's inhabitants. DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested provided that: 1 . No less than seven (7) non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. SPECIAL PERMIT GRANTED Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK . . r EE ADE PL.'aA/T TO AFTrR 20 D I.: 1 He w3, sECI .,' 11. THE 1 IAJCc r iT- c ELP xSEB 57- K� t .T Ii - x C- ". IiE�Di AND U .l 7 ? Tfic Gs; IR:'ORDEJ A;6 ig D ON TiiE 0k i`ER'S GEP11rICATE OF WLE. BOARD OF APPEAL L LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN S&Irll MASS. 'Ylf MaomEy ,; eq' Ir' /. . _ A2r , v� 7Sadssf � / d OF WAD EIGI� wLLln- 4), �� b A) f3 � �. ., \ This plan has been compiled Po55/aLE e from .deeds and assessors maps, Z/YCQi�GdME ✓ ; o �� due to the uncertainty of ' { property. lines. 39YANr sQETr I hereby certify r qny J✓ST//✓ that I have ,St7DED examined the premises and all easements , encroachments and IP' '0'j<' A76 ✓ p'cCA buildings are located on the ground as shown. I further certify that the buildings shown conformed to the dimensional zonin i� laws of S![�i`i Al'If when SCALE: / 3o constructed. I further certify DATE: /lu(r 6 /9�S that the property /5 located in the establl ood REFERENCE: 8K PISof Af.4 hazard area. `tN sccy This Plan has been prepared for conveyancing purposes or CH FOPHER only for the above party, and is not be be used for <' ✓ oto boundary measurements. ChAstopher,R. Meso 40 LOWELL STREET 35 FOREST STREET PEABODY. MASS. 01960 MEDFORD, MASS. 02155 ';i' 531 8121 391 0655 U��l9oL1ZL1 dad �I:ItS00� � 0�11��D�p hal i LAND SURVEYING • CIVIL ENGINEERING PLOT.PLAN OF LAND LOCATED IN SfILEl9 MASS. . Mr MdONEI' a .... MAYO - 7Sd r OF WADLEIGff � � � DWCLLING% �-`� �o b ' This plan has been compiled Pass/dLE ~��e frod .deeds and assessors maps, �< �/yLQl11E. �3 ` due to. the uncertainty. of property lines. BRANT 51—eET 7- _.. I hereby certify T 4/7r JA7111 i 61,2iS that I have ADDLrD examined the premises and all easements , encroachments and /�t72Kin7C- A2�Q buildings are located on the ground as shown. I further certify that the buildings shown conformed to the dimensional zonin< SCALE /x`30 laws of /Z/,y when constructed. I further certify DATE: 14uthat the property /S ✓G/ " REFERENCE: BK PG located in the estab cfjood hazard area. 94SN OF e,gS3 This Plan has been prepared for conveyancing purposes .cliISTOPHEttcy° only for the above party, and is not be be used for FL boundary measurements. % AEUO r Clic-istophe.r, R. Me• lo 'P 40 LOWELL STREET 35 FOREST STREET Al f A PEABODY, MASS. 01960 MEDFORD. MASS. 531-8121 391-0655 CJ<'JlJl70U US CJ�QI�l l:J��00� C],��0��1��O�fl ��VO LAND SURVEYING • CIVIL ENGINEERING PLOT PLAN OF LAND LOCATED IN S/1L-F/1 MASS. s 1VfF MODNEr N S ASSd'SS�D'" i A1AY0 :- ---=-�� A29h 7Saa tsf � �� d Or � _ WADLEIGNv • DWL-LLlIYGI aP 2e < " !Co \ �� IV This plan has been compiled Pass/dLE lI P from .deeds and assessors maps, due to the uncertainty of - "',property--.lines. 3CMAIT sQETr I hereby certify r qpy JEST//i /1c%7/S that I have ADD,"D examined the premises and all easements , encroachments and i�9kK'�n�� A2ER buildings are located on the ground as shown. I further certify that the buildings shown conformed to the dimensional zoninc SCALE: / `30 laws of S1.,LZ" ;4iy when constructed. I further certify DATE: Aub- 6 that the property /S /✓G/ located in the estab1i ood " REFERENCE: BK PG ',H'OF A14 hazard area. j,�V— ss4gy This Plan has been prepared for conveyancing purposes o :c11 s1OPllea only for the above party, and is not be be used for a mL boundary measurements. /r,:'Y IN Ctiristopher:%R. Mrs o ? _ •s,_. , c, tit F 40 LOWELL STREET 35 FOREST STREET PEABODY• MASS. 01960 MEDFORD. MASS. 02155 531-8121 391 0655 We, MARK R. LEIBOWITZ and CINDY LEIBOWITZ, husband and wife, both of 11 Bryant Street, Salem, Essex County, Massachusetts in consideration of ONE HUNDRED EIGHTY THOUSAND ($180,000.00) and------------------ 00/100 DOLLARS t grant to RICHARD F. VARNEY, PATRICIA P. VARNEY and LINDA L. VARNEY of11Br Yant Street, Salem, Essex County, Ma ssachusett's "..•.. . ._ ith uitclaint cubcnuttts ttatsxtatutwax the land with the buildings thereon situated on Bryant Street in said Salem, bounded and described as follows: NORTHWESTERLY by Bryant- Street, about fifty (50) feet; SOUTHWESTERLY by Stetson Court so called, about sixty (60) feet; SOUTHEASTERLY _ ._ by land now or formerly of John T. Mooney, about eighty (80) feet; NORTHEASTERLY �by'Tand now or formerly of Wadleigh, about sixty (60) . Stetson Court is now called Barr Street Extension. Also, a certain parcel of land situated in said Salem, bounded and described as follows : NORTHEASTERLY by land now or formerly -of Mayo, about fifty (50) feet; NORTHWESTERLY by land now or formerly of Seth W. Morse , about 80 feet; SOUTHWESTERLY by Stetson Court so called , now Barr Street Extension about thirty-eight (38) feet; and s SOUTHEASTERLY by land now or formerly of Mooney, about eighty - m four (84) feet on a line running Southwesterly and Northwesterly parallel with and eight ( 8) feet distant from the store house on said land now or formerly of Mooney. v m Being the same premises conveyed to us by deed of Douglas Hopper and Joan E. Hopper, dated May 8, 1979 and recorded with the Essex v South District Registry of Deeds in Book 6588, Page 507 . m +' Executed as a sealed instrument this 14th day of August 19 85 WITNESS MARK R. LEIBOWITZ H I W M ti t WITNESS CINDY LEIBOWITZ 5 U -PWw 1NW llEfK*04MD APPROVED BY T44E FWw TDAPZW . BEwc+ GRANTED CITY OF_SALEM ILL 11N wMo�b DM�Iw4M YM No 1a17/soa �_I -13 8 to Property Uowd in byawwww"aAM? Yf_No BUYANiKI PERWT APPLICATION PDR: Pam1R t0: (circle whtiohewr apply) P40, Reroot, Irmom Sidirtp�Cw wwt Deck Shed. Pool, RspaldFiaplece. Ofler: �� �,��; t .0 PLEASE FILL OUT LEGIBLY A COMPLETELY TO AVOID DELAYS W PROCEAiM TO THE INSPECTOR OF RA WNGS. The wide sgnod hereby applies for a permit to bWW ao wft to the taloWQ specftations: Owrers Nana Di oM,4S 1VL C7oNA)J_ Address,& Phone P,o. L�. 2-3 67,F) A 7L -62-0 o ECG i ve E Address& Phone . eOZ 7 n 6 1 T S�23 6 (`l76) 9Z.7- Sl// Mochmic:s Name D VE C L�l �vt�s� cN 6 SP�NL�I� . Mr4 o�SGZ Address & Phone 100 C�f ESN L)T— -S:-T LSD I R(o zl No Is"pirpoW m ararlp4, p���- mom a twYdYp? �� "&V W V.err now WWW*WN?3 INN t weft own to low? MbNlos7 " t rnrsralr oat dam[ oo cav u=w r NIA plw uo • sou Wm of Appimt BMW UNDO THE PENALTY OF PmUURY DESCRIPTM OF WORK TO BE DONE — y— y PkOYx vc�ra-.ter .ter MAIL PERMIT TO; APPLICATION FOR PERRM T TO LOCATION //- 13 t3�Y.9Nr sT PE,�RMFT GRANTED /UedGh1k-r— /7 7.0 O5— APPROVIM 7" OF OUPOW .Flo, �loM�-S ll�L�oNR �d R78-7 � � -(pZ,OZ I L� � R GE 0 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR MINB SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 Salem Building Department Debris Disposal Form In accordance with the provisions of MGL c40 S 54, a condition of your Building Permit is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL Chapter III, S 150 A. The debris will be disposed of in: 1 BCX� U NK(Location of Facility) Z-0c fE�- AL) Signature of Applicant h - /(, - CD S Date Griffin P.O. Box 7061, 100 Cummings Center,Suite 224G, Beverly, MA 01915 November 15, 2005 Engineering Phone:978-927-5111 - Fax: 978-927-5103 Group, LLC Mr. Thomas McDonald 4 Radcliff Road Beverly, MA 01915 Subject: Structural Inspection of VERSA-LOK Retaining Wall at 11-13 Bryant Street, Salem, MA Dear Mr. McDonald: As requested, we conducted a field investigation on November 10, 2005, concerning the structural integrity of the VERSA-LOK Retaining Wall at the subject residence. The retaining wall, which is currently under construction, is approximately 25 feet long with approximately 6.5 feet of exposed height. A parking area is proposed at the high side of the wall. Based on our inspection and review of VERSA-LOK design guidance we have the following observations and recommendations. 1) There is insufficient geo-synthetic reinforcement (geo-grid) throughout the wall section to accommodate the design loads. The wall currently has only two layers of geo-grid installed which has a maximum capacity of 6 feet of level backfill. The parking area produces a substantial surcharge load which increases the amount of soil reinforcement required. The VERSA-GRID estimation charts in the VERS-LOK Standard Design & Installation Guidelines specify a minimum of 4 layers, 7 feet long and a maximum vertical spacing of 2 feet based upon a assumed soil condition. 2) Backfilling has not been conducted regularly as the wall was constructed. On the date of the inspection the wall was approximately 5 feet tall and no backfill has been placed. The VERSA-LOK manufacturer recommends stacking no more than three courses (about 18") before backfilling. "If the VERSA-LOK units are stacked too high, they may push out of alignment during placement of backfill." You explained that the wall has been at its current condition for a matter of months. Due to the battered setbacks of the wall face, there is a high probability that the wall is out of alignment. P:\Projects\Salem\McDonald-Bryant St\Inspedon-Letter.wpd Civil & Environmental Engineering - Permitting - Design - Construction Management Mr. McDonald Page 2 11/15/05 3) Excessive concrete adhesive was used to glue each block together. VERSA-LOK retaining wall systems are designed to be assembled without glue. Two fiberglass pins are required in each block. This allows minor shifting of the blocks as backfilling is placed and as geo- grid engages the block and soil. Glue is only necessary to secure the cap blocks. The concrete adhesive may also reduce water movement which could lead to freeze-thaw damage. 4) Due to the aforementioned deficiencies, we recommend the wall be disassembled, line & grade reestablished, and rebuilt per our attached sketch, Figure 1 and 2.. Should you have any questions or require additional information, please do not hesitate to contact the undersigned. Very truly yours, GRIFFIN ENGINE�ER 'WG GROUP, LLC 0/ Robert H. Griffin, P.E. Enclosure; Figure 1 - VERSA-LOK Retaining Wall Along Parking Area Figure 2 - General Wall Notes P.\Projects\Salem\McDonald-Bryant St\Inspection-Lettermpd Contractor to Provide Fence or Railing System per Code. Min. 42" Above Finish Grade. Cap Unit. Bumper Curbing Adhere to Top E.F. Shea No. B—BB. VERSA—LOK Fasten with 2—#5 Rebor Unit w / Min. 2' Embedment. Concrete Adhesive. 2'-0" (Min.) Finish Grade. (Sloped Away From Wall) VERSA—L0K Standard Units. Install in Running Bond Pattern. 7'-0" Min. VERSA GRID VG3.0 (Typ of 4) 7•_0" Vibratory 2'-0" Compacted Insert (Max.) (Max.) Granular Fill. VERSA—TUFF Pins (Typ of 2 per Unit) (Max. 6" Lifts) Provide 12" Th. %a " Crushed Stone Behind Wall. w` 4" Perforated Drain Pipe to Finish Grade Daylight 2 Courses r o (Min. Embed.) U /J Install 7 oz/sy — Filter Fabric 0 Provide 6" Th. as 0 2'-D'• ROBERT 9G 3'a " Crushed 2 y N Stone LevePnad H. g GRIFFIN CIVIL 1K18888 See General Notes SS/pNA�E ' Figure 2 05 MR. THOMAS McDONALD Mate: 11/15 / S c a l e `eB` 11-13 Bryant Street 0 Salem, MA U Griffin Engineering Group, LLC References: VERSA—LOK Retaining Wall Figure Beverly, Massachusetts Along Parking Area N U N O a` a GENERAL: 1. Existing conditions field investigation done by Griffin Engineering Group, LLC on November 10, 2005. 2. The Contractor shall verify all dimensions, conditions and elevations in the field. Notify the Engineer, in writing, of any field condition uncovered during construction that is not consistent with the plans. 3. Contactor to locate adjacent property lines prior to constructing the retaining wall. Notify Engineer if there is an issue with the retaining wall encroaching on the neighbors land. 4. The Engineer or Architect will not be responsible for Contractor's means, methods, techniques, sequences of procedure or construction or the safety precautions and programs incident thereto, and the Architect/Engineer will not be responsible for the Contractor's failure to perform the work in accordance with the contract documents. DESIGN REFERENCE: 1. The Commonwealth of Massachusetts Building Code, 6th Edition. 2. VERSA—LOK Standard Design and Installation Guidelines EXCAVATIONS, FOUNDATIONS AND BACKFILL: 1. Excavations shall be performed under the supervision of a geotechnical engineer. The geotechnical engineer shall confirm that the base material is adequate to sustain the design bearing pressure, before any foundations/piles are cast. Excavations shall extend in depth necessary to reach the specified bearing layer. 2. Excavation shall be carried down through soft or organic soils and other unsuitable fill. The leveling pand shall bear on undisturbed natural soil or compacted structural fill capable of supporting a superimposed load of 3,000 psf. The capacity of the soil to support the above loading in addition to the loading imposed by any new fill shall be verified by a geotechnicval engineer before the wall is constructed. 3. All structural fill shall be placed in layers not more than 6" in loose depth and compacted to the, following percentages of maximum density as determined by ASTM test method D598: 98% beneath footings; 95% elsewhere. d c w (7 L C Mqs�,ROBERT 9cyin FL GRIFFIN T, 0 oCIVIL o V a o �SS�ONAL ENG 0 m 3 d in m ` MR. THOMAS McDONALD Date: 11/15 o5 Scalel !n 11-13 Bryant Street o Salem, MA 0 u Griffin Engineering Group, LLC References: Figure Beverly, Massachusetts General Wall Notes 2 U N O a` a