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51-53 HATHORNE STREET - BUILDING INSPECTION 51-53 HATH ORNE STREET J fill OD No. 153L.2 HASTINGS. MN LOS ANGELES-CHICAGO-LOGAN.ON MCGREGOR.T%-LOCUST GROVE.GA U.S.A. cIi CITY OF SALEM aj - PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGCON SrREEr+SALEM,Mnssno-iusrrrs 01970 TEL:978-745-9595 ♦ FAX:978-740-9846 FILE COPY December 26, 2006 Matthew Damateo 53 Hathorne Street Salem, MA 01970 RE: Reiection of Application Dear Mr. Damateo; Your application for a Building Permit has been rejected by this office for the following reasons: 1. Lack of check for permit application fee. 2. No plans were filed with this application. 3. Any Dormer above the second floor needs relief from zoning by the Board of Appeal. If you have any questions regarding this application please call this office at (978) 745 — 9595, ext. 5640. jSS'inrirely, h e. Bar au, Jr. tant Building Inspector CC: file CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL L K7{ S OF ICEia 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 _ n FAX: 978-740-9848 0ab FEB 24 A 10. 1 b DECISION OF THE PETITION OF MATTHEW DAMATO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 51-53 HATHORNE STREET R-2 A hearing on this petition was held on February 8, 2006 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair, Nicholas Helides and Edward Moriarty. 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 is requesting a Variance from number of stories allowed (21/2) to construct a third floor dormer for the property located at 51-53 Hathorne Street located in a R-2 zone. The Variances, which have been requested, may be granted upon a finding by this 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 structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after reviewing the plans, makes the following findings of fact: 1. Attorney Lise Kipp Hansen of Salem appeared and represented the Petitioner. 2. The petitioner requests a Variance from the number of stories to construct a third floor dormer for more living space. 3. Plans and dimensions were submitted showing the proposed dormer. 4. A letter is support was submitted from City Councillor Jean Pellitier 5. 5 letters of support were submitted as well as a petition with 13 names in favor of this project. 6. There was no opposition to this petition. DECISION OF THE PETITION OF MATTHEW DAMATO REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 51-53 HATHORNE STREET R-2 On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief 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 voted 4 in favor and 1 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be issued. 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction, but not limited to the Planning Board. 8. Unless this decision expressly provides otherwise, any zoning relief granted does not authorize Petitioner to demolish or deconstruct any structure(s) on the property to an extent greater than 50%of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than 50% of its replacement cost or more than 50% of its floor area at the time of deconstruction, it shall not be reconstructed except in conformity with this Ordinance. Variance Granted 4g, February 8, 2006 Bonnie Belair Board of Appeal �e /� f A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 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 is 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 OFASSESSORS x 93 WASHINGTON STREET,CITY HALL,SALEM,MASSACHUSETTS 01970 p f 9 (508)745-9595 Ext 261 +r4 (508)7443918 FAX ��rtawc September 30, 1993 Deborah E . Burkinshaw City Clerk City Hall Salem MA 01970 Dear Miss Burkinshaw: Please be advised that the two family home currently assessed as 5 Hathorne Crescent (Parcel #25-0470 ) has had its legal assessed address changed to 51-53 Hathorne Street . ery t 1 ours, 1 Peter �M. Caron Chairman cc : Postmaster Joseph L. Leccese Acting Chief Robert Turner, Fire Department Helen Jiadosz, Water Dept . Leo Tremblay, Inspector of Buildings Capt . Paul Murphy, Police Dept . Licourgas Paul, 51-53 Hathorne Street CITY OF SALEM iz PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 Tu.:978-745-9595 0 FAX:978-740-9846 CppF November 13, 2007 Matthew Damato &David Coates 51 —53 Hathorne Street Salem, MA 01970 Dear Mr. Coates & Damato; Enclosed please find a copy of the Legal Opinion that has been forwarded to my office by our City Solicitors Office. As you will read, Hathorne Crescent is listed as a City Street, and therefore as a Public Way, can be used for no private purpose. With this letter you are hereby notified to Cease and Desist from any activity that would not be allowed on a Public Way. Please remove any signage that you may have installed, do not store materials, unregistered vehicles, trailers, etc. on a Public Way. Further, as a Public Way, you may not restrict the parking of any vehicle on that Public Way, as that is the express province of the Salem Police Department. If you have any questions regarding this matter please feel free to call this office at(978) 745 — 9595, ext. 5643. Sincerely, J seph E. Barbeau, J/ Assistant Building Inspector/Local Inspector CC: file, City Solicitor's Office, Mayor's Office, Police Dept. .�e ds 9 ELIZABETH M.RENNARD CITY OF SALEM City Solicitor KIMBERLEY L. DRISCOLL, MAYOR JERALD A. PARISELL 93 Washington Street - Assistant City Solicitor Salem, MA 01970 One School Street Tel: 978.619.5631 LEGAL DEPARTMENT Beverly, MA01915 Fax:978.744.1279 93 WASHINGTON STREET Tel: 978.921.1990 Email: brennard@salem.com SALEM, MASSACHUSETTS 01970Fax:978.921.4553 Email:jap@alexanderfemino LEGAL OPINION TO: Joseph Barbeau Assistant Building Commissioner FROM: John P. Bossd, Esq. �P U DATE: November 8, 2007 RE: Hawthorne Crescent You have inquired into whether Hawthorne Crescent is a public way accepted by the City. The answer to your question is that Hawthorne Crescent is a public way accepted by the City and is fully paved. Hawthorne Crescent is not a paper street. As you are well aware, pursuant to the City's Code of Ordinances Chapter 38, Section 51, the City Council may "discontinue any street or way." The City Council has not discontinued Hawthorne Crescent, or any portion thereof. You have also asked this department to review the deed for the property at 51-53 Hathorne Street currently owned by David G. Coates and Matthew S. Damato. After reviewing the property description within the deed, it does not appear that Mr. Coates and Mr. Damato's property includes any portion of Hawthorne Crescent, including the land to which they are attempting to restrict motor vehicle parking. Consequently, only the City has the right to place "no parking" signs on Hawthorne Crescent, unless Mr. Coates and Mr. Damato can demonstrate that their property does in fact include the portion of Hawthorne Crescent in dispute. If you should have any further questions,please do not hesitate to contact me.