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51-53 HANCOCK STREET - BUILDING JACKET I 51-53 HANCOCK STREET ' CITY OF SALEM9 MASSACHUSETTSGITY OF A Py a BOARD OF APPEAL CLEC SA 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 '.104-:FE8:2b p 3q . STANLEY J. USOVICZ, JR. MAYOR DECISION ON THE PETITION OF PAMELA & RHETT ROCHNA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 31-35/35-37 HANCOCK STREET R2 A hearing on this petition was held on February 18, 2004, with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Richard Dionne, Nicholas Hellides and Joseph Barbeau. Notice of the hearing was sent to abutters and other and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from Section 7-3, off —street parking to allow a one-entrance driveway to 9 1/2 feet wide for the property located at 31-35/35-37 Hancock Street located in an R-2 zone. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or 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 at the hearing and after viewing the plans, makes the following findings of fact: 1. The Petitioner's appeared and represented themselves at the hearing. 2. Plans were submitted showing the proposed driveway. 3. Councillor Kevin Harvey and Joan Lovely spoke in favor of the petition. 4. A petition was submitted with 20 names in favor of the petition. 5. A number of abutters opposed the petition citing fire hazards and noise as well as pollution concerns. r . DECISION ON THE PETITION OF PAMELA & RHETT ROCHNA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 31-35/35-37 HANCOCK STREET R3 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. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 1 in favor and 4 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED _ FEBRUARY 18, 2004 `- �gj Richard Dionne �e.(�� 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 the 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 passed 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 Citp Of 6atem, ftagq;aCbU!9ett!9 3pubtic 3propertp Mepartment jguilbing Department One 9ialem Oreen (97S) 745-9595 ext. 3SO Peter Strout Director of Public Property Inspector.of Buildings Zoning Enforcement Officer June 21, 2001 Rhett Rochna Pamela Rochna 31 Hancock Street Salem, Ma. 01970 RE: 31 Hancock Street Dear Owners: Please be advised the area between 29 and 31 Hancock Street is not an appropriate parking space per Salem Zoning Regulations. Please contact this office within fifteen (15) days upon receipt of this letter. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Local Building Inspector cc: Mayors Office Councillor Driscoll Cite of harem, Aa5garbugettg �� �ublir 3propertp Mepartment �;, Jguilbing 3Bepartment One 9palem Oreen (978) 745-9595 ext. 380 Peter Strout COPY Director of Public Property Inspector of Buildings Zoning Enforcement Officer February 1, 1999 Ms. Janice Freeman 53 Hancock Street Salem, Ma. 01970 RE: 53 Hancock Street Dear Ms. Freeman: On January 26, 1999, the Building Department conducted an inspection of your property located at 53 Hancock Street. During our inspection, we found that the front porches are in need of repair and that the railing on the front steps shall be replaced to current building codes. Please contact this office upon receipt of this letter to inform us as to what course of action you will take to rectify these violations. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Kevin G. Goggin Assistant Building Inspector cc: Health Department Councillor Kelley S 3�O;nco .�: . yb'i3 -\qty hftll n QO `��e.SU��rnGe�n �a�a m siv D \x`16 1�IN uhha r vec�25tmU�1 V 96 R CEIYD CITY OF SALEIA,MASS. Mr. William Munroe Zoning Officer Building Inspector 1 Salem Green Salem, MA 01970 Dear Mr. Munroe: I am currently the owner of the property at 51-53 Hancock Street in Salem. I have spent a substantial amount of money rehabilitating the property and have found it extremely distressing to watch the growing abuse of the zoning ordin- ance across the street from me, by Salem Glass Co. First, I believe that the business zone extends back 100 feet, and then becomes residential . If this is so, then the abandoned cars, trucks, plows, equipment, and general clutter are all illegally stored. I believe this use to be illegal , as it is not a use that involves the business of record. This is obviously an abuse that I, as well as, several neighbors, do not find consistent with the values of residential living. We look forward to some satisfactory resolve to this horrible looking and cer- tain)y-dangerous-situation. -Thank you. A ly,F. a Ion 3 t41 ^^-� 'caecuu�r qac`' ITT�i}iit� �E�iMY#mEYt# Panicl T. (D'P[icn, $r , j3npt• September 16, 1968 xoom 7, (fiifp Mall - Councillor Richard Guy, 11 Cypress Street, Salem, Massachusetts Dear Councillor: To keep you informed on the matter of the excavation on Hancock Street which we have been trying to have the Salem Glass Company fill in, we are enclosing copies of correspondence relating to filling and grading the premises. Very truly yours, DJOB: cc DANIEL J . Q'BRIEN,, INSP. BI, GS.`'` j Encl. 3 A].tlpyF.or� Amid 1j. 0'' 3CffilT, TC., o�U�,Y. September 12, 1868 {nnnT- 7, Q?itk N�xll - The Salem Gla.ss Company, 75 Canal Street , Salem, Ma.ssachusetts Atten: Mr. H. Robert Prager Dear Mr. Prager: Re-Filling and Grading Hancock St. Excava.tion. Thank you for your letter of September g ; which wa.s a. letter in reply to one from this department dated July 30. You sta.te you will make prepa.ra.tions to do the work on Hancock Street which we requested. When your prepa.ra.tions are finalized, plea.se inform this office when you expect this work to be completed, whether it will be a. week, ten days , or by wha.t da.te it should be finished. Very truly yours, DJOB: cc INSPEC R OF BUILDINGS THE SALEM GLASS CO. 75 CANAL STREET, SALEM, MASS. 01970 WAREHOUSE AND MAIN OFFICE Boston Area (617) 523.5245 Salem Area (617) 744-5177 September 9, 1968 Mr. Daniel J. O'Brien, Jr. Supt. Public Property Department Building Department Room 7, City Hall City of Salem, Massachusetts Dear Mr. O'Brien: In reply to your letter of July 30, 1968, and pursuant to your visit here of September 4, we will make preparations to do work on the lot on Hancock Street. This is in accordance with our discussion of last week. Yours truly,, THE SALEM GLASS ANY H. Robert Prager HRP/mo Full Line Distributors of KAWNEER Curtain Wall-Store Fronts Sealair Windows- Sliding Patio Doors PITTSBURGH PLATE GLASS PRODUCTS LIBBEY-OWENS-FORD GLASS PRODUCTS AMERICAN ST. GOBAIN GLASS PRODUCTS MISSISSIPPI GLASS COMPANY PPODUCTS CATHEDRAL GLASS Foreign or Domestic 1 tF`.111:1+IZ�4+^. (ElZ#,1 o4 /1V az1Pm, �` s �rtl��zsP##s nlrlir Proyrdg Vrpartrarnt ' 3A.`? nilin}� �epttrtment j' July 30, 1968 1 ,!'•.1t+nirt J- fD',1-R.rictt, �Jr.,'�nyr. 7, ( RL7, �iall a The Salem Glass Company, 75 Canal Street , Salem, Mass. Gentlemen: I have been advised by the City Council to take immediate ac- tion,- authorized under Chapter #143, Sections #6, #7, #8 and #9 of j the General Laws, to eliminate a. safety hazard caused by an open foundation hole containing rubble on a lot situated on Hancock ' Street which is owned by and adjacent to the Salem Glass Company. Section 43 of the ' City of Salem Building Code, with regard to filling excavations states: "After the building or structure has been demolished, founda.tion walls and piers shall be removed to a minimum of twelve inches below the adjacent finished grade and af- ter all resultant debris has been removed from the cellar hole and premises , cellars and excavations are to be immediately filled with proper sanitary fill which will not emit dust or offensive odors, to the level of the adjacent finish grade" . Kindly take this letter as your official notice to comply with I these regulations immediately. i Very truly yours, DJOB: cc ,iOC� / ,v Inspector of Buildings pppp- - - CITY OF SALEM BUILDING DEPARTMENT Fps' CITY HALL ANNEX ONE SALEM GREEN 01 PUG SALEM, MASSACHUSETTS 01970 ' 89� 0 Maw me li MEt Walter Lyons 5-_- 57-Hancock Street 17-Salem, Mass. 01970-�� i 71-1 .._ tia ` _:M ,, 3 ..__ l ! ..»_. r � / of *Ulem, malisac4usetts a'4 Public Propertp Department 18uilbing Department (One ftem 19reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 7, 1995 Walter Lyons 55 Hancock Street Salem, Mass. 01970 RE: 55 -57 Hancock Street Dear Mr. Lyons: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and the following violations were found: 1. Replace porch deck, hand rails and ballaster on rear porch. 2. Doors must be removed and windows installed on second and third floors to allow natural light in stairwell. Please notify this department upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely,n Leo E. Tremblay Inspector of Buildings LET: scm cc: David Shea Larissa Brown Councillor Gaudreault, Ward 5 Certified Mail # P 921 991 764 i • SENDER: Complete Items i and 2 when additional services are desired, and complete Items t your address in the"RETURN TO" Space on the reverse side.Failure to do this will prevent this card from being returned to you.The return re t fee will rovide ou the name of the ereon delivered to and the date of delive :Fora mons eee t eT011owing services are available.Consull postmaster _ ors an c ec ox as for additional servicels) requested. 1. Show to whom delivered,date, and addressee's address. 2. ❑ Restricted Delivery m (Fara charge) (Etna charge) W3. Article Addressed to: 4. Article Number �. y cc M . LIOyd Ku5cy1 Type of of Service: B o Rcj ` ❑ Registered ❑ Insured i 7g zm c p-4 F}. O I X1010 �Certgied El COD « Return e o ¢ JG U USS ReturnRecei t of C ❑ Express Mail ❑ for MerchanZe 's Wd 1 Always obtain signature of addressee C v I gn�O S L jpr.,.r t—(r. or agent and DATE DELIVERED. i 5 m °y s 5. Signature—Address B. Addressee's Address (ONLYtf Ica m E X requested and fee paid) 6. Signature —Agent \ X 7. Date of Delivery PS Form 3811,Mar. 1988 U.S.O.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT 1 CITY OF SALEM CERTIFIED BUILDING DEPARTMENT § CITY HALL ANNEX P 268 691 691 _ ^,"c E.,y,�., �„ = - =y y' ONE SALEM GREEN s ` p us SALEM,MASSACHUSETTS 01970MAIL JUN 20'90 RE to Mx. Lloy Kusch 4, roomy 11 Sti ing Rd. S MA. 01906 Def I�P:f REI ac., Pods j Cftp of Oarem, ,laggacbugettg +ln Public Propertp 30epartment Nuilbing Department One Salem Green 745-9595 CA. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 20, 1990 Mr. Lloyd Kusch ] -ZFaelve-'Hanson Realty'Trust 11 Stilling Road / R.105 Summit Street Saugus, MA. 01906 / Peabody, MA. 01960 RE: 12 Hanson Street, Salem, MA. Dear Mr. Kusch: Upon inspecting the above referenced property, it was noted that you have had your yard resurfaced up to the lot line. This puts you in violation of the City of Salem Zoning Ordinance, Section VII, Paragraph C.4.E.I (Surface Area of Parking Area) . You are only allowed to pave within two feet of property lines. At this time, you shall remove the violation within fifteen (15) days upon receipt of this letter. Failure to comply with this notice will result in this office taking legal action against you. If you have any questions regarding this matter, please contact me at this office. Sincerely, James D. Santo Assistant Building Inspector c.c. David Shea Councillor`O'Leary-Ward 4 Paul Butler 32 Albion St. John Butler 21 Butler St.