9 HARDY STREET - BUILDING INSPECTION 1 9 HARPY STREET
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vtr. FEE 29
DECISION ON THE PETITION OF ALEXANDER HINCMAN�,I .T'�RF.A,.
VARIANCE FOR 9 HARDY STREET, SALEM S _,
A hearing on this petition was held February 15, 1984 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski and
Associate Member Bencal. 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 Lairs Chapter .40A.
Petitioner requests a Variance to allow him to use a vacant_ lot on the
premises as a parking lot 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 in-
volve 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.
After hearing the evidence presented at the hearing, and after viewing the plans,
the Board makes the following findings of fact:
1 . Very few alternative economically feasible uses of the premises
are possible;
2. The lot, because of its size, location and undeveloped state is
unique to the district;
3. Because of crowded parking conditions in the area, the use of the
lot for parking of some neighbor's vehicles would be a benefit to
the area.
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 . Literal enforcement of the Zoning Ordinance. would involve a
substantial financial hardship on petitioner;
2. There are special conditions which affect the lot and which are
unique to and do not generally affect the district;
3. T'�e relief requested can be granted without substantially derogating
from the intent or purpose of the Zoning Ordinance and without sub-
stantial detriment to the public good.
• '' DECISION ON PETITIONER OF ALEXANDER HINCMAN FOR
A VARIANCE FOR 9 HARDY STREET, SALEM
page two
Therefore,the Board of Appeal voted unanimously to grant the petitioner the
Variance requested, provided that:
1 . No more than ten (10) automobiles be parking on the premises at any
one time;
r2: A six (6) foot shrub barrier be erected on the southern perimeter of
ql the premises from Hardy Street down said perimeter a distance of., S
{ fifty (50) feet; and;
.3: Lyn-Pak be placed over the entire area of the premises upon which
. vehicles will travel and/or be parked.=
VARIANCE GRANTED
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
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%CPzhL TC01.1 THIS DEC1310iI. IF ARTY. SHALL BE MADE PURSUIT TO SECTIpH 17 OF THC MAIM
C.7;—;!AL CAY73. CHAPTER SOB, AND SHALL DE FILED Yi 1TH1Y 20 DAYS AFTER THE DATE OF HLi"I'l
CT TP'S DEC!1f0" IN THE OFFICE OF THE CITY CLERK.
TO EIAS3. CEAERAL UV.: . CIL'.PTER SDS. SECTIO^i 11. THE VAPIAHCE CR S IMS1.
_... HERDO, SHALL CC ."-.i:E EFFECT URTR A COPY OF TREOEC:SD".`.. BEA`i.?il ACE ..__.
. ....`i u.'' THE CITY CLERk THR. 20 DAYS IiAJE ECF:'SEO <I9+7 NO APPEAL :1.".S G7.<«: I"i°D.
,..... ....'.. IF SUCH Ail APPEAL HAS KEN FILE, THAT IT HAS BEE.; DISSDSoED O3 C'=`P�J 1
PE'—TlEO IN THE SOUTH ESSEX REE-ISTRY OF DEEDS AHD INDEXED UNDE2 THE :;:::'E CF THE
C. RECORD OR IS RECORDED AND NOTED ON THE UMER'S CERMIZ. E 0, TITLE,
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BOARD OF APPEAL -
P33 0781910
RECEIPT FOR CERTIFIED MAIL
�.
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENTTO
Alexander H•ncman
STREET AND NO.
9 Hardy Street
P.O.,STATE AND ZIP CODE
Salem Ma 01970
90STAGE $
CERTIFIED FEE ¢
N
_� SPECIAL DELIVERY ¢
RESTRICTED DELIVERY ¢
0
W w SHOWTOWHOMAND ¢
r DATE DELIVERED
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f w y SHOWTOWHOM,DATE.
y '^ AND ADDRESS OF ¢
g = _ DELIVERY
o w SN OW TO WHOM AND DATE
o m DELIVERED WITH RESTRICTED ¢
z o DELIVERY
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ADDRETO WHOM,OATS AND
RESTRICS OFTED
DELIVERY WITH ¢
> RESTRICTED DELIVERY
TOTAL POSTAGE AND FEES $
POSTMARK OR DATE
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
1. If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of
the article,leaving the receipt attached,and present the article at a post office service window or
hand it to,your rural carrier.(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address
side of the article,date,detach and retain the receipt,and mail the article.
..3. If you want a return receipt,write the certified-mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space
permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED
- adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, -
endorse RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return _
receipt is requested,check the applicable blocks in Item 1 of Form 3811.
6. Save this receipt and present it it you make inquiry.
til GPO:1979302-878
ofttlern,
Richard T. McIntosh
I
1 Salem Green
745-0213
August 14,1984
Alexander Hincman
9 Hardy Street
Salem,Ma 01970
Dear Mr. Hincman:
To date you have not complied with the conditions of
the Board of Appeals granting of a Variance to use 9 liardy St.
for a parking lot.
A copy of the decision is enclosed for your convenience.
#2 - a b ft. high shrub barrier (not done)
#3 - Lyn-Pak has not been applied.
If you do not comply with these conditions, you must stop
using the lot for paring and I am requiring you to cease
and desist from such use.
Please contact me regarding your intention to comply,
.Very +-r1117 r f
Richard T. McIntosh
RTM:mo's Zoning Entorcement Officer
cc: George Nowak
Susan Karydis
Certified Mail # P33 0781910
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84 FEE: 29 P 1 :12
DECISION ON THE PETITION OF ALEXANDER HINCP ANiygRrAr-�r
VARIANCE FOR 9 HARDY STREET, SALEM
A hearing on this petition was held February 15, 1984 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski and
Associate Member Bencal. 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 requests a Variance to allow him to use a vacant lot on the
premises as a parking lot 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 in-
volve substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the
public good land without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance_
4
After hearing the evidence presented at the-hearing, and after viewing the plans;
the Board mattes the following findings of fact:
1 . Very few alternative economically feasible uses of the premises
are possible;
2. The lot, because of its size, location and undeveloped state is
unique to the district;
3. Because of cro!�ded.parking conditions in the area, the use of the
lot for parking of some neighbor's vehicles would be a benefit to
the area.
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 . Literal enforcement of the Zoning Ordinance would involve a
substantial financial hardship on petitioner;
2. There are special conditions which affect the lot and which are
unique to and do not generally affect tine district;
3. The relief requested can be granted without substantially derogating
from the intent or purpose of the Zoning Ordinance and without sub-
stantial detriment to the public good.
l
DECISIOPJ ON PETITIONER OF ALEXANDER HINCMAN FOR
A VARIANCE FOR 9 HARDY STREET, SALEM
page two
Therefore,the Board of Appeal voted unanimously to grant the petitioner the
Variance requested, provided that:
1 . No more than ten (10) automobiles be parking on the premises at any
one time; .
2. A six (6) foot shrub barrier be erected on the southern perimeter of
the premises from Hardy Street down said perimeter a distance of
fifty (50) feet; and
3. Lyn-Pak be placed over the entire area of the premises upon which
vehicles will travel and/or be parked.
VARIANCE GRANTED
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
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r`.CP"id M.O...1 THIS DECISION, IF ANY. SHALL BE VADE PURSUANT T6 SECT;011 11 OF THE S,A5;.
L;,73, CiIAPTER 303, A.^iD SHALL DE FILED 9i ITFHN 20 DAYS AFTER THE DATE OF P}LEao
Oi Ti;:S ODti!SiDI: it: THE OFFICE OF THE C17f CLERK.
TO I.1AS3. MIERAL /Jai:S, C!TAPTER SD3. SECTIJN il, THE VA P}AN,E CR Ss"^13L F`_:':M
. .. . .'.i% N'RZIH. SHAU ti;T 1.'.I:E EFF-CU UI:I;L .A COPY OF DFA.4. it 1:i" -U'.
. .:.. . OF THE CITY CLERv THF: 2i; DAYS HA.E ELA:�SEO ANO KJ :IPJ+L N'S CED.
IF SUCH AN APPEAL HAS BEEN FILE, THAT IT IiAS BE-% DiS-.:IS;ED 03 '_c':'_-D IS
117 THE $010tH ESSEX RELISTRY CF DEEDS AND INDEXED UNDER THE '::.::c U THZ
..F RECCRD OR IS RECORDED AND NJTED ON THE CWNER'S CERTIFlCArlt 0, TIT!E.
BOARD OF APPEAL
•SENDER:Complete items 1,2,3,and 4.
Add your address in the"RETURN TO"space
on reverse.
(CONSULT POSTMASTER FOR FEES)
I.The following service is requested(check one).
In Show to whom and date delivered.................... —6
❑ Show to whom,date,and address of delivery.. —C
z.❑ RESTRICTED DELIVERY --6'
(The restriaed deliveryfee G charged in addition to
the return receipt fee.)
TOTAL $ _-
3.ARTICLE ADDRESSED TO:
x Mr. & Mrs. Alexander Hincman
rn
c 7z Hardy street
Z Salem Ma 01970
m 4. TYPE OF SERVICE: ARTICLE NUMBER
m REGISTERED ❑INSURED
CERTIFIED ❑Cpp P 474 720 688
9 ❑EXPRESS MAIL
(Always obtain signature of addressee or agent)
m I have received the article described above.
y SIGNATURE ❑ Addressee ❑ Authorized agent
In
Z
C i DATE OF LIVERY RK
o ``
S (L ADDRESSEE'S ADDRE (Onlyifrkruestedi?CD
a
19$
7.UNABLE TO DELIVER BECAUSE: '![. M YEE'S
C IALS
a
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
PENALTY FOR PRIVATE
SENDER INSTRUCTIONS USE TO AVOID PAYMENT
Print your name,address,and ZIP Code N the space below. OF POSTAGE,$3oo
• Capitals Rema t,a 3,and a on the reverse. IL&f4eI11L
• Attach to hal of article If space permits, �®
otherwise axis to hack of article.
• Endorse arllca"Return Receipt Requested"
adjacent to number.
RETURN
TO a
Public Property Department
(Name of Sender)
1 Salem Green
(Street or P.O. Box) e
Salem,Ma 01970
(City, State, and ZIP Code)
P 474 720 -688
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
NOT FOR INTERNATIONAL MAIL
. /See Reverse)
Sent to
Mr. & Mrs. Alexander Hin than
Street and No.
72 Hardy Street
P.O.,State and ZIP Code
Salem,Ma 01970
Postage $
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to whom and Dais Delivered
Return.Receipt Showing to whom,
Date,and Address of Delivery
ao
TOTAL.Postage and Fees $
v
py Postmark or Date
$ Re: Illegal parking cars
9 ;Hardy Street
lu Salem,Ma
.� SDCrPOSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE
CERTIFIEDMAXFEE ARO CHARGES FOR ANY SELECTED OPTIORAL SERVICES.491"
1.Ifyouwantibls+ecetpcpostmarked,M!Ck thegummedstubm thateR panionofthesidressffide
of the article leaving the receipt attached and present the article at a post officeservicaw'indowor
hand it to your rural carrier.(no extra charge) ,
2.If you do not want this receipt postmarked;stick the gummed stub on the left portion of the
- address side of the article,date,detach and retain the receipt,and mag the article.
3.If you warn a return receipt,write thesertTed-mail number artdyour name and addresa on a
_ return receipt card,Form 3811,and attachntottiefrontoftWanccleby means of the gummededds
' H space permits.Otherwise;affix to back of anuae.Endorse front of article RETURN REEEIP'r
REQUESTED adjacent to the number.
4,If you went delivery restricted to the addressee,or to an authorized agent of the addressee,
r endorse RESTRICTED DELIVERY on the from of the article.
S.Enter fees for the services requested in the appropriate spaces on the front of this receipt If
r return receipt Is requested,check the applicable blocks in Rem 1 of Form 3811.
8.Save this receipt and present it if you make inquiry.
Ctu of
it
1 0 Public Prapertg Pepninaeut
Richard T. McIntosh
One Salem Green
745-0213
November 28,1983
Pauline E. . & Alexander J. Hincman Re: Illegal Parking
JZ Hardy Street
Salem,Ma 01970 of cars at
9 Hardy Street
R-2 Zoned District
Dear Mr. & Mrs. Hincman:
It has come' to the attention of this Department that you are using
X69 Hardy Street as a parking lot.
This. is not.;;illowed under the Zoning Ordinance in an R-2 Zoned District.
You are therefore required to cease and desist from all of your illegal
use and activities immediately.
Failure to comply with' any of. the. above will result in this matter being
persued through the District Courts for th6ir determination.
You may want to apply to the Zoning Board of Appeals for a variance
which would allow such use.
4 f •L
Very truly yours,
Richard T. McIntosh
Zoning Enforcement Officer
RTM:mo's
cc: Susan Karydis
Certified Mail # P 474 720 688
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LEGAL—C-302—JIM
CITY OF SALEM
BOARD OF APPEAL
745-0215
Will hold a Public Hearing for all persons in-
terested in the petition submitted by ANTHONY
C.SCOGIdQ TR.for a Special Permit to convert
- an existing two family dwelling into a two unit
condominium at 3 RIVER ST.(R-2)Said hearing
to be held WEDNESDAY,NOVEMBER 16, 19M
at 7:00 P.M.,2nd floor,ONE SALEM GREEN,
BRENDA M.SAMRALL
- Clerk -
November 2,9,1983
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