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32 HANCOCK STREET - BUILDING JACKETI32' HANCOCK STREET 1� IL JF 3,co•urrt Titg of $Arm, assar4uset *# 16 3izPr 86 9 'Pourb of 4pe- i FILE# OITY CL{ax,841 ht98. DECISION-ON-THE OF ANDREW J. 1AWD, II FOR A VARIANCE AT32 HANCOCK STREET, R-2 A hearing on this Petition was held on April 27, 1988 with the following members of the Board present: James Hacker, Chairman; Messrs. Bencal, Fleming, Luzinski and 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. The Petitioner, represented by Atty. John Serafini, is the owner of the property and is requesting a variance to add a third dwelling unit. Petitioner previously appeared before the Zoning Board of Appeal on February 17, 1988 and was denied a Variance. On March 24, 1988 the Petitioner appeared before the PlanningBoard which voted that specific and material changes have been made to the original petition. The Zoning Board of Appeal first considered the question of whether this petition contains specific and material changes from the petition presented to the Board on February 17, 1988. The Board voted unanimously, 5-0, that such specific and material change existed. The Variance which has been requested may be granted upon a finding of the Board that: m ,; a. special conditions and circumstances exist which especially affect m < the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; H b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the a petitioner; � W * U LL_ F c. desirable relief may be granted without substantial detriment to the a, 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, makes the following findings of fact: 1. The petitioners lot is narrow, undersized, and there is no possibility of expansion since it is bounded by other closely-spaced dwellings and other business uses. 2. The neighborhood will suffer hardship if the current upgrading of the property is not completed. 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 DECISION ON THE PETITION OF ANDREW J. WOOD, II FOR A VARIANCE AT 32 HANC'OCIC STREET, SALEM Page Two property but not the district generally; 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner; 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal vote unanimously, 5-0, to grant the requested variance subject to the following terms and conditions: 1. All work must comply with all the requirements of the Salem Fire Dept. 2. Legal building permit be obtained. 3. Construction be done as per plans submitted. 4. A Certificate of Occupancy to be obtained. 5. Six (6) legal parking spaces be maintained on site, as per plans sulnu tted. 6. Property must be owner-occupied. If not the Variance is terminated. 7. Garage is to be removed after the obtaining of necessary permits. GRANTED James M. Fleming, Esq. Vice-chairman, Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY C7 EE2K . - BOARD OF APPEAL of %Irm, �i9Httssar4usr##s -Z 3 PH CLERK `p`"1�'h'ASS Poarb of 4vwl '`tike . is FILE# CITY CLERK. SA_FH. MASS. DECISION ON THE PETITION OF ANDREW J. WOOD, II FOR A — a - VARIANCE FOR'32'HANCOCK ST. (R-i) A hearing on this petition was held February 17, 1988 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Strout and Associate Member Dore. 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. The petitioner, owner of the property, is requesting a Variance to convert an existing two family dwelling into a three family dwelling in this R-2 district. 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 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 consideration of the evidence presented and after viewing the plans, makes the following findings of fact: 1 . The petition can maintain five (5) legal parking spaces on the premises: 2. There are other three family and multi-famiiv dwellings in the area; 3. A petition in favor of this project signed by neighbors and abutters was presented; 4. There was no opposition; 5• Facts presented concerning legal hardship were questionable. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions do not exist which especially the subject property and not the district generally; 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; DECISION ON THE PETITION OF ANDREW J . WOOD, II FOR A VARIANCE FOR 32 HANCOCK ST. , SALEM page two 3. The relief requested cannot 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 Board of Appeal voted 3-1 , against the granting of the requested Variance. Messrs. , Fleming, Hacker and Strout voted in favor, Mr. Dore voted in opposition. Having failed to carry the required four affirmative votes, the petition is denied. DENIED ames B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE WS. GENERAL LA'J.S. CHAPTER ESE, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF TH:S DECIS!.^N IN THE OFFICE Of THE CITY CLERK. TO :%ACS. CCi::RA: L-'.:.;. CHAPTER 3". SECTION 11. THE VARIAN E CR " ' ;CL FERSIIT .:.4!{IED HERE!: , SHALL N;T TP E EFFEOT UNTIL A COPY OF THE OLOISI, SE ^:iF CERT. ".Ji:N OF THE CITY CLEF..! FC;T 20 DAYS HAVE ELAPSED ANO NO APPEAL H=', 5-F . LED, . .9'..T. IF $J:.4 AN APPC:d. H'.S BEE; FILE, THAT IT HAS BEEN DISL'I£-E :... ,_';.iJ IS IN THC S::JiH E;SEX P.ECISTRS OF DEEDS AND INDEXED UNCEC' rot 6AL:E OF THE OWNS^ OF RECORD OR IS RELOROED ANJ NUTED OH THE OYlNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL [o�vl �p4CERTIFICATE ISSQy ED DATE _6/17/92 9 1' CITY OF SALEM g SALEM, MASSACHUSETTS 01970 BUILDING. PERMIT - P�4C0'mCE - CERTIFICATE OF OCCUPANCY DATE- July 11 19 v8 PERMIT NO. T398-819 . APPLICANT All'-:-2w Wood ADDRESS -'Z Hancock sr. Owner INO.I (STREET) (CONTR'S LICENSE( r PERMIT- TO enovate 3rd. floor ( 31 C�'STORY DWELLING NUMBER OF p DWELLING UNITS THREE ITPE 01 IMPPOYCM[NT) NO. IPROPOSE0 USE) t y" AT (LOCATION) Hancock SF_ree t. :Wald 5 ZONINGDISTRICT IM0.1 BETWEEN AND I<R O9! !TR[['TI (CPO99 !T P[ETI �:r}jrylt LOT SUBDIVISIONLOT BLOCK SIZE 1i - fa BUILDING IS TO BE FT. WIDE,P• FT. LONG BY -FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION , I ( TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION ITrPEI REMARKS: floor:'rd. floor for additional apt. B.O.A. "CALL FOR PERMIT TO OCCUPY 745-995595K" : Mal ��.yjTT��$�4j��111��E11�A[ AREA OR DB9yEl7YY17YlY Muni ni VOLUME 6:BIU lO UTAf.P[[TI NEI Andrew J. WoodEII se+Ioi�Isr[ s.ws�rls rrls.. se�beiloaYn nensiv sens.nsrens OWNER TO BE POSTED ON PREMISES -lz UallC C.: fic. , S .L . SEE REVERSE SIDE FOR CONDITION4 OF CERTIFICATE ADDRESS �7nan ASSISTANT' BUILDING INSPEx:' W:'foDA�O13 AJS ROBERT J. SWAJIAN & ASSOCIATES, INC. INSURANCE ADJUSTERS 161 SOUTH MAIN STREET MIDDLETON, MA 01949 TELEPHONE(508)777-1400 FAX(508)777-2255 FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS. GEN. LAWS, CH. 139, SEC. 3B TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectman CITY (TOWN) HALL RAMF. addresses �/ /+ RE: INSURED: 3 L /T�nIG �-z� �/r C�^=/.'� e o C PROPERTY ADDRESS: L .✓Ge t� .�Z / y POLICY NO: 0 LOSS OF: „dam .24h , — � - FILE OR CLAIM N0: �4TS /35C7 Claim has been made involving loss , damage or destruction of the above captioned property, which may either exceed $1 , 000.00 or cause Maes Gen Laws Chapter 143 Section 0 to be applicable. If any notice under Mass Gen Laws Chapter 139 . Section 3B is appropriate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss , and claim or file number. ADJUSTERS TITLE•• On this date, I caused copies of this notices a to be sent to the persons named above at the addresses indicated above by first class mail . n / Robert J Swa,ii1n, Ad,iueter ro[n.mun rsw".e[ ousrt