Loading...
3 HAWTHORNE BLVD - BUILDING INSPECTION (004) aEsselte 74520 40% P4 Ys.. lqq V�}ritin,ve�s / 0//6 /9(0 ckk"V� of 05c -/ b"ieJ '17/77 - U�ANT4D — 4oA �aysc +S{,T k3l 0s- Unofficial Property Record Card Page 1 of 1 Unofficial Property Record Card - Salem, MA General Property Data Parcel ID 35-0284-0 Account Number Prior Parcel ID 11 -- Property Owner ARTEMISIA REALTY TRUST Property Location 3 HAWTHORNE BOULEVARD KALGREN TERI TR Property Use Res.f Comm. Mailing Address 3 HAWTHORNE BLVD Most Recent Sale Date 2/28/2012 Legal Reference 31120-437 City SALEM Grantor SMITH,RICHARD L Mailing State MA Zip 01970 Sale Price 400,000 ParcelZoning R2 Land Area 0.050 acres Current Property Assessment Card 1 Value Building 244,400 Xtra Features Value Value 800 Land Value 94,800 Total Value 340,000 Building Description Building Style Mixed Use Foundation Type Brick/Stone Flooring Type Hardwood #of Living Units 2 Frame Type Wood Basement Floor Concrete Year Built 1900 Roof Structure Flat Heating Type Forced H/Air Building Grade Average(+) Roof Cover Tar+Gravel Heating Fuel Gas Building Condition Good Siding Clapboard Air Conditioning 0 Finished Area(SF)2622 Interior Walls Plaster #of Bsmt Garages 0 Number Rooms 12 #of Bedrooms 4 #of Full Baths 2 #of 3/4 Baths 0 #of 1/2 Baths 0 #of Other Fixtures 1 Legal Description Narrative Description of Property This property contains 0.050 acres of land mainly classified as Res./Comm.with ale)Mixed Use style building,built about 1900,having Clapboard exterior and Tar+Gravel roof cover,with 2 unit(s),12 room(s),4 bedroom(s),2 bath(s),0 half bath(s). Property Images { r lyy e�Po " Og Disclaimer:This information is believed to be correct but is subject to change and is not warranteed. http://salem.patriotproperties.com/RecordCard.asp 8/31/2015 J ��cotinrra..�o CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 ��>Birre p0� FAX: 978-740-9846 KIMBERLEY DRISCOLL 1011 FEB — 1 A 0 ' 1 MAYOR N February 1, 2012 FILE k CITY CLERK, SALEM,MASS, Decision City of Salem Zoning Board of Appeals Petition of TERI KALGREN for a Home Occupation Special Permit and a Variance from off-street parking regulations to allow an herb shop in the first floor of the building at 3 HAWTHORNE BLVD. A public hearing on the above Petition was held on January 18, 2012 pursuant to Mass General Law Ch. 40A, § 11 with the following Zoning Board of Appeals members present: Annie Harris (acting as Chair), Richard Dionne, Jamie Metsch, Jimmy Tsitsinos, and Bonnie Belair. Petitioner seeks a special permit pursuant to Section 3.2.2 and a Variance pursuant to Section to 5.1 of the Salem Zoning Ordinance. Statements of fact: 1. Ms. Kalgren is the proprietor of Artemisia Botanicals, an herb shop located at 102 Wharf Street, Salem. 2. In a petition date-stamped December 28, 2011, Ms. Kalgren requested a Special Permit for a home occupation and a variance from off-street parking regulations for a home occupation at 3 Hawthorne Blvd. 3. Sean P. Pray and Richard L. Smith are the owners of 3 Hawthorne Blvd. Ms. Kalgren has the property under agreement and seeks to move her herb shop there from 102 Wharf Street. 4. At the hearing on January 18, 2012, Attorney James Burke presented the petition on behalf of Ms. Kalgren. 5. In her application and at the hearing, Ms. Kalgren stated her intent to occupy the residential unit in the building once the current tenants' lease is up in August 2012. 6. At the hearing, the petitioner and the Building Commissioner noted that the building had a long history of having a commercial use in the first floor, but because of a two-year lapse, the commercial use was no longer grandfathered. 7. The property has parking available for three cars; however, installation of a required wheelchair ramp will cause the loss of one of the parking spaces. 8. At the hearing, two residents spoke in favor of the petition, and two other residents submitted letters of support (Kathie Driscoll-Gauthier, 52 Bayview Ave.), and Donald Fyfe MacFadyen, 1 Hawthorne Blvd.). No one opposed the petition. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. A special permit and variance may be granted to allow this request without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Salem Zoning Ordinance. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. To allow for the home occupation, a special permit may be granted under the Salem Zoning Ordinance § 3.2.2 Home Occupations. 2. To allow for only two parking spaces, a variance may be granted under the Salem Zoning Ordinance § 5.1, Off Street Parking. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Harris, Dionne, Belair, Metsch and Tsitsinos) and none (0) opposed, to grant petitioner's request for a special permit 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 (specifically, elevation drawings titled "Europa Antiques Facade Improvements, Salem, Massachusetts," dated 1/31/08, Scheme 2, pages A-4 and A-5). 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 0/-' � Na", �i3 mk Annie Harris 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 has been filed with the Essex South Registry of Deeds. CITY OF SALEM, MASSACHUSETTS < BOARD OF APPEAL NIIIN��l�IINIIIIIIIINIIIN�IN� l 120 WASHINGTON STREET, 3RD FLOOR 2005080300416 Bk:24656 P lea SALEM, MASSACHUSETTS 01970 08/03/2006 11:04;00 OTHER Ifo 114 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 J ZDUS'JUN 23 A fN 59 DECISION ON THE PETITION OFMICHAEL& MARIE NARINKIEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-1 r A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Bonnie Belair, Nicholas Helides, Steven Pinto 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. Petitioner requests a Special Permit for a Home Occupation using the left side of the home for Antique& Gift Store for the property located at 3 Hawthorne Blvd located in a R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures 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, and after viewing the plans, makes the following findings of fact DECISION OF THE PETITION OF MICHAEL& MARIA NARINKIEWICZ SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVE R-1 page two 1. Petitioners indicated that they had spoken with all the neighbors and found no objections. 2. Petitioners stated that there is an Antique Store next door to their property. 3. Petitioners stated that they have owned the property for 2 years. 4. The Petitioners stated that they researched the history of uses and found that their property had been used commercially in the past. , . 5. Petitioners stated that they have operated an antique store in Salem for the past 20 years. 6. Petitioners stated that their property has two curb cuts. 7. Petitioner stated that there is two car parking on the street in front of their property. 8. Petitioner stated that interior construction to accommodate the commercial use will consist of the construction of a 5 foot interior wall. 9. Petitioner stated that the customer entrance will be from the side of the building. 10. Petitioner stated that the size of the store will be 650-700 square feet. 11.Zoning Board Members referred to Zoning code for guidance and it was determined that the total square footage of the entire building will be the basis for determining the % required by code. 12. Petitioner stated that the signage will be in a side window. 13. In response to a question concerning hours of operation, the petitioner stated that the store will be open Sunday through Thursday from 9:00 a.m. to 5:00 p.m. Friday and Saturday from 9:00 am to 8:00 p.m. 14.The total number of outside employees will be no more than one. 15. Petitioners agree to a limitation of no more than 2 residential living units at any time. 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 provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; DECISION OF THE PETITION OF MICHAEL&MARIA NARINKIEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD B-1 page three I. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shell obtain a Certificate of Inspection. S. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning Board g. Special permit will expire after 5 years. 9. Interior design must be submitted to Building Commissioner for approval. 10.Petitioner shall obtain a sign permit. 11.Petitioner shall operate within the dwelling unit,with no display visible from the street 12.Business shall be operated only by the residents of the dwelling unit, with not more than one regular employee not residing in the dwelling unit 13.Petitioner shall utilize not more than 25%of the gross floor area of the dwelling unit 14.Petitioner shall display not more than one non-electric sign of an area not greater than 1 '/:square feet and attached against the building and not protruding. ' Special Permit Granted /l( /y/' 0 �l�I(f June 15,2005 Nicholas Helides/ Board of Appeal( � t JUL 2 0 2005 1 henby wrth-1 that 3O delta hew*Wred ftm the date this Instrument was remind, and that NO APPEAL has been tiled In this office. A True Cop - ATTEST:_CITY ERK, Salem, Mass. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any,shalt be made pursuant to Section 17,of MGL Chapter 40 A,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 the 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 or record or is recorded and noted on the owner's Certificate of Title. -, ��oyrnrgq CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT x ' 120 WASHINGTON STREET. 3RD FLOOR �.o SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 yam` -Jr FAX 978-740-9846 `OMINE�P KIMBERLEY DRISCOLL MAYOR February 26, 2008 Sean Prey Richard Smith 3 Hawthorne Blvd. Salem, Ma. 01970 RE: 3 Hawthorne Blvd Dear Owners: This letter is an attempt to clarify the confusion regarding the Zoning Boards Decision on your property. Your building is located in the Residential 2 family zone. This zone does not allow for business uses. A Special Permit is available in the R-2 zone for a Home Occupation. It is this Special Permit that was applied for and granted by decision of the Zoning Board Appeals dated June 23, 2005. The conditions of a Home Office Special Permit and any other conditions set by the Board's decision are valid and in effect. The history of your building did show an official business use for many years and this would normally have "Grandfathered" your right to have a business at the property. In this case the office use had been abandoned for a period of 2 years. This caused the building to revert back to an R-2 use. This is what caused the confusion and resulted in your departure form the Zoning Board of Appeal. Again, the Special Permit is in effect. If you wish to appeal my interpretation, your appeal is to the Zoning Board of Appeals. 1 apologize for any contusion. i1 Sinc ely, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Jason Silva, Mayor's Office Beth Rennard, City Solicitor Amy Lash. Planning Robin Stein, Chairman Z.B.A. UT* xm4) Deval L.Patrick ""p�' ��� V"' "�/ 1�D��Dp� p� �� Thomas G.'Gatzunis;P.E. Governor �JhalLe 6'��1G 4D66D//-O DO O<,�O-/��c Commissioner Timothy P.Murray 6�>'727-DD�.9 Thomas Hopkins Lieutenant Governor Diraector. Kevin M.Burke 7D665' v .mass.govldps Secretary DECISION RE: 3 HAWTHORNE BOULEVARD, Salem (V07-118) 1. The variance hearing was held in regards to the following Rules and Regulations of the Architectural Access Board: Section 25.1 — General (Entrances) 2. The hearing was held on: Monday, December 3, 2007. 3. The following person(s) appeared: Sean Pray, Building Owner; Richard Smith, Building Owner; Joseph Barbeau; Jr., Building Inspector for the City of Salem. All were sworn in by the Chairman and the hearing was called to order at 11:00 a.m. 4. JURISDICTION: The Board took jurisdiction over the facility under- Section 3.3.4, in that no alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements of new construction. 5. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: Mr. Sean Pray started the hearing by stating that he and Mr. Richard Smith had purchased the building in January of 2007,.and that when the building was purchased there was an exterior entrance ramp and interior stairs within the retail space. He noted that the space is only 247 square feet. Mr. Pray stated that he was not aware of the fact that the ramp was required for his retail space. He noted that the space being used as an antique store. Mr. Pray stated that he was notified via a letter from the Salem Building Department that the ramp was removed illegally; two months after the ramp had been removed. He added that even if the ramp had remained on the building, he would be coming before the Board to seek a variance to remove it. Mr. Pray noted tl a due to the small size of the space and the interior stairs, he did not see that a person in a wheelchair would be able to maneuver around the small antique shop. Mr. Pray then submitted a copy of a site plan,which was accepted by Mr. Donald Lang, Acting Chairman, and marked as Exhibit 1 (File). Mr. Lang then asked if a certificate of occupancy had been given for this property. Mr. Joseph Barbeau, Building Inspector for the City of Salem, stated that the building was occupied as a private residence prior to Mr. Pray buying the property. He noted that the building was originally a r::sidence:, but was allowed by special permit from the City to be used, at the first floor, as an antique store, on the condition that the ramp was installed to the retail space. Mr. Barbeau stated that no permit was pulled for the removal of the ramp, and reiterated that the ramp was required. Mr. Lang then asked if Mr. Pray lived in the building currently, to which Mr. Pray responded that he did not. Mr. Pray stated that he did not understand why he would be required to provide access, since there was an antique store in the space prior to him buying the building. Mr. Barbeau stated that the space was previously considered an "in-home retail space" since the owner of the space lived within the building, reiterating that Mr. Pray did not live in the building and therefore there was a change of use for this space. Mr. Doug Semple noted that the issue of change in use was not before them, noting that the only issue was the removal of ramp. Mr. Barbeau then submitted a copy of the Zoning Board of appeals approval for the previous building owner to have an in home commercial business. This was accepted by Mr. Lang and marked as Exhibit 2 (File). Mr. Semple then asked who had actually done the work to remove the ramp. Mr. Pray stated that he had removed the ramp himself. Mr. Semple questioned if Mr. Pray had checked with the City to see if a permit was required to remove the ramp, to which Mr. Pray stated that he had not checked to see if permits were required for the ramp removal. Mr. Semple then asked if the Building Department for the City of Salem would require a permit for the removal of the ramp, to which Mr. Barbeau responded that a permit would be required to remove a ramp. Mr. Semple then noted that it did not appear to be technologically infeasible to reinstall the ramp. Mr. Pray stated that the parking lot that is next to the building made it hard for a person to safely,travel from the street to the ramp. Mr. Semple noted that there appeared to be an additional 5 feet beyond the ramp to allow for plenty of room for a car to pass between the property lines without infringing upon the path of travel to the ramp. Mr. Barbeau then added that the ramp had been a switchback that was accessed directly from the adjacent sidewalk. Ms. Myra Berloff then questioned how long the building was, to which Mr. Pray responded that the building was 40 feet long. Ms. Berloff noted that there was a benefit to providing a ramp to the space, especially since there was previously a ramp to the space; adding that it did appear to be feasible to create a straight run ramp instead of a switchback ramp, therefore saving space. Mr. Richard Smith stated that a wheelchair could not get into the space and maneuver around; adding that there was a lot of breakable material throughout the store, making traversing threw the store even difficult for ambulatory people. Ms. Berloff stated that the ramp would not just be for people in wheelchairs. Ms. Nancy Angney added that the issue was that the petitioners had decreased access to the retail space. Mr. Pray then asked if he would have to provide 3 foot wide aisles if the ramp was installed, to which Ms. Angney stated that this would currently not be required. Mr. Barbeau added that the space was now a change in use and that access would be required regardless of the previous situation. Mr. Lang then noted that there appeared to be a one foot step at one of the entranceways. Mr. Pray stated that there was a grade change of 11 inches at that doorway. Mr. Barbeau added that this was the doorway where the ramp had previously been. Mr. Lang noted that it did not appear as though the cost of compliance would be excessive without substantial benefit to persons with disabilities or technologically infeasible. At this point, Ms. Anguey made a motion to DENY the variance request, based on the fact that the petitioners had not proven that the cost of compliance was excessive without substantial benefit to persons with disabilities or technologically infeasible. Mr. Semple seconded the motion and proposed that the construction of the ramp be constructed and in full compliance with Section 24 of 521 CMR by April 1, 2008, with verification of the completed work (both visual and written) to be submitted to the p , 2 AAA Office on or before the date of compliance; and a plan for compliance, along with a copy of the building permit application to be submitted to the AA$Office by February], 2008. Ms. Angney approved Mr. Semple's amendments and upon a vote from the Board, the motion carried unanimously. A true copy attests: This constitutes a final order.of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty (30) days of receipt of this decision. Dated: December 19, 2007 ARCHITECTURAL,ACCESS BOARD Gerald LeBlanc, Chairman s'_ j cc: Local Building Inspector Local Disability Commission Independent Living Center 3 CITY OF SALEM PUBLIC PROPERTY ci: -w { DEPARTMENT KIM13UR,Ty DRISCOLL MAYOR 120 WNITTINGTON$P?2SrT SnLr.M,MAS$ACItIU$F.TT$Ol 'rr%978-745-9595 4 FAX:978-740-9946 May 29,2008 Mr. Sean Pray 3 Hawthorne Boulevard Salem,Ma. 01970 RE: 3 Hawthorne Boulevard Dear Mr. Pray, This letter is to remind you that the access ramp you recently constructed at your property is not in compliance with MAAB regulations or the drawings you submitted to MAAB. Stair railings need to be completed and returns added to the ramp rails. You were notified by MAAB on April 25 of this year that you had thirty days to submit evidence that this work has been completed to avoid further fines. Also, please note that using the ramp and stair to display merchandise renders them unusable for their required purpose. Sincerely, Thomas McGrath Assistant Building Inspector City of Salem 978-745-9595 x5644 cc: File,MAAB CITY OF SALEM9 MASSACHUSETTS 4 T BOARD OF APPEAL CITY OF SALEM. MA CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 2005 JUN 23 A $ 59 DECISION ON THE PETITION OFMICHAEL & MARIE NARINKIEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-1 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Bonnie Belair, Nicholas Helides, Steven Pinto 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. Petitioner requests a Special Permit for a Home Occupation using the left side of the home for Antique & Gift Store for the property located at 3 Hawthorne Blvd located in a R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures 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, and after viewing the plans, makes the following findings of fact DECISION OF THE PETITION OF MICHAEL & MARIA NARINKIEW ICZ SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVE R-1 page two 1. Petitioners indicated that they had spoken with all the neighbors and found no objections. 2. Petitioners stated that there is an Antique Store next door to their property. 3. Petitioners stated that they have owned the property for 2 years. 4. The Petitioners stated that they researched the history of uses and found that their property had been used commercially in the past. 5. Petitioners stated that they have operated an antique store in Salem for the past 20 years. 6. Petitioners stated that their property has two curb cuts. 7. Petitioner stated that there is two car parking on the street in front of their property. 8. Petitioner stated that interior construction to accommodate the commercial use will consist of the construction of a 5 foot interior wall. 9. Petitioner stated that the customer entrance will be from the side of the building. 10. Petitioner stated that the size of the store will be 650-700 square feet. 11.Zoning Board Members referred to Zoning code for guidance and it was determined that the total square footage of the entire building will be the basis for determining the% required by code. 12. Petitioner stated that the signage will be in a side window. 13. In response to a question concerning hours of operation, the petitioner stated that the store will be open Sunday through Thursday from 9:00 a.m. to 5:00 p.m. Friday and Saturday from 9:00 am to 8:00 p.m. 14. The total number of outside employees will be no more than one. 15. Petitioners agree to a limitation of no more than 2 residential living units at any time. 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 provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; DECISION OF THE PETITION OF MICHAEL&MARIA NARINIUEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWT 4ORNE BLVD B-1 page three 1. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fun safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Inspection. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning Board. S. Special permit will expire after 5 years. 9. Interior design must be submitted to Building Commissioner for approval. 10. Petitioner shall obtain a sign permit. 11. Petitioner shall operate within the dwelling unit,with no display visible from the street. 12.Business shall be operated only by the residents of the dwelling unit, with not more than one regular employee not residing in the dwelling unit. 13.Petition shall utilize not more than 25%of the gross floor area of the dwelling unit. 14. Petitioner shall display not more than one non-electric sign of an area not greater than 1 '/z square feet and attached against the building aand�noot�protruding.L '44Special Permit Granted ,11/ T�1 SCJ June 15, 2005 Nicholas Helides Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fiom this decision,if any,shall be made pursuant to Section 17,of 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 the 20 days have elapsed and no appeal has beery filed,or that,if such appeal has bwn filed,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed trader the name of the owner or record or is recorded and noted on the owner's Certificate of Title. VARIANCE HEARING RE: 3 Hawthorne Blvd. , 3 Hawthorne Blvd., Salem You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has been scheduled for you to appear on Monday, December 3, 2007 at 11:15 a.m. at One Ashburton Place, 21st Floor, Boston, MA 02108 This hearing is upon an application for variance filed by: Sean P. Pray for modification of or substitution of the following Rules and Regulations: 3.3.4 and 25.1 A copy of the request is available for public inspection during regular business hours. You should be aware that the burden of proof is upon the applicant requesting a variance to prove that compliance is either: 1. technologically infeasible or; 2. the cost of compliance is excessive without substantial benefit to a person with a disability. This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and § 1.02 of the Standard Rules of Practice and Procedure. At the hearing, each party may be represented by counsel, may present evidence and may cross examine opposing witnesses. Also, please note that all attendees will be asked to turn off all cell phones and pagers while the Board is in session. ARCHITECTURAL ACCESS BOARD Date: September 13, 2007 Chairperson cc: Local Building Inspector Independent Living Center Local Disability Commission CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLE'.Y DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 'TEL:978-745-9595 FAX:978-740-9846 - July 20,2007 Richard L. Smith and Sean P.Prey 3 Hawthorne Blvd. Salem Ma. 01970 R.E Violation Notice Gentlemen, This department has received and investigated a complaint regarding the removal of a Handicap Ramp and the addition of a new sign. In June of 2005, the owner of 3 Hawthorne Blvd. applied for , and received, a Special Permit from the Salem Zoning Board of Appeals to operate a Home Occupation. The Special Permit was granted with 14 conditions. One of the conditions required all construction to be done per plans submitted to the Building Commissioner. Plans for interior modifications and for a required Handicap Ramp were submitted to this office.The plans were approved and permit# 31-06 was issued. The Ramp and the interior work was completed and inspected by this office. The recent inspection revealed the Handicap Ramp has been removed. The removal of the Ramp and the sign constitute the following violations: (1) Building Code- M.G.L143 -780 C.M.R section 111 requires a building permit for construction and demolition. (2) Zoning Violation- Several conditions of the Special Permit Conditions have been violated (3)Architectural Access Board Violation-M.G.L c.22 sectionl3A-521 C.M.R. requires a space to be made accessible when it undergoes a change in use. (4) Your sign, although it did go through the sign review process, violates a condition that waas set by the Zoning Board of Appeals. You are directed to contact this office upon receipt of this notice to address the violations and for your Rights of Appeal. Failure to address these matters can result in fines ,revocation of your occupancy permit, and a complaint being filed in District Court. om�as J.ZSt.P'err � Budding CCo nlon�n \ Offfiber cc. Mayor,s office-Jason Silva Zoning Board Members Salem Commission on Disabilities CITY OF SALEM DEPARTMENT OF PUBLIC SERVICES REQUEST FOR CURB CUT DATE OF REQUEST:A0r— `f-z-7 -n 7 / REQUESTED BY: f//1!G � Ar/ G& :G ;Q 7 P//HONE:4�68 / j oZG /- LOCATION (as specific as possible): / J /70/u 7�h o/1 /C1�' �.�0 ,:5/ . , / A/De A60SF LcJ,6ifE f2 , i14 ���Ci /� 9 /BOOS LENGTH OF CUT: L6 INVOICE TO: /G/i /, .93 S sU� F �1 Sf d i95'% ---------------------------------------------------------------------------------------------------------------------------------- FOR OFFICE USE ONLY AMOUNT DUE: $8.00 PER FOOT X FEET = $ \ /gAPPROVED BY: BLDG. INSPECTOR DEPT. OF PUBLIC SERVICES NOT APPROVED: DEPT.: EXPLANATION: DATE OF INVOICE: PAYMENT RECEIVED: Titu of Salem, f ttssndjuutts Pourb of '�w.P4 1I p 091 C11IY Of S4Lr�-; i(45S Ci [ i"K'S OFFICE DECISION ON THE PETI-T-I-ON_OF MR. &_MRS BRIAN L. HEATH FOR A SPECIAL PERMIT/VARIANCE ATz3 HAWTHORNE BOULEVARD'S A hearing on this petition was held September 17, 1997 with the following Board Members present: Nina Cohen, Chairman; Richard Dionne, Joseph Ywuc and Albert Hill. 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, owner of the property, is requesting a Special Permit/Variance to enable off street parking from the required 12 feet to 10 feet minimum aisle width for the property located at 3 Hawthorne Blvd. (R-2) The Special Permit/Variance which had been requested may be granted upon a finding by this Board that: 1 . 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 involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. 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 viewing the plans, makes the following findings of fact: 1 . There was no opposition in this matter. 2. This will allow petitioner a fuller use of the property. 3. The Petitioners requested, Grant Leave to withdraw the Special Permit without prejudice. The request was granted,4 in favor, 0 in opposition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Zoning Enforcement Officer and the City Engineer. DECISION OF THE PETITION OF MR. & MRS BRIAN L. HEATH FOR A SPECIAL PERMIT/VARIANCE AT 3 HAWTHORNE BOULEVARD, SALEM page two Variance Granted September 17, 1997 Albert C. Hill , Jr. Member, 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 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 (Ilitn of --5ttlem, � ttssttdiusefts curb Of 'Am-fAI Y a DECISION ON THE PETITION OF ELIZABETH NORTON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD. (R-2) A hearing on this petition was held October 16, 1996 with the following Board Members present: Nina Cohen, Joseph Ywu, Albert Hill, Richard Dionne and Paul Valaskatgis. 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 for a Change of Use for an Antique Shop and a Variance from parking for the property located at 3 Hawthorne Blvd. 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 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, makes the following findings of facts: 1. Petitioner was not present for the hearing of this petition. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. No special conditions exist which especially affect the subject property as opposed to the district in general. 2. Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. Desirable relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted 0 in favor and 5 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. DECISION OF THE PETITION OF ELIZABETH NORTON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD. (R-2) page two Variance Denied October 16, 1996 Albert Hill, Member 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 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 of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 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 of Appeal 0 ^n � Vt �7 LL O'] �.�`_ J> � �. �` 1� ____ _��_ __ -- - _ I x4W - C , CITY OF SALEM DEPARTMENT OF PUBLIC SERV CES REQUEST FOR CURB CUT DATE OF REQUEST:— 'y-r 7 - 9;7REQUESTED BY' f-/ Jai/Vd � �/ �G,Ci ♦pQJ�� PHO ( Le R LOCATION (as specific as possible): ♦ e i /7/ Ci /7c c3US. LENGTH OF CUT: INVOICE TO: C7 d i95'% --------------------------------------------- ----------------------------------------------------------------- FOR OFFICE USE ONLY DUE $8.00 PER FOOT X FEET = $ 1 APPROVED BY: BLDG. INSPECTOR DEPT.IOF PUBLIC SERVICES f, NOT APPROVED: DEP' EXPLANATION: DATE OF INVOICE: PAYMENT RECEIVED: I - I kilo \ '�' • i . OR aV AV .A TVAs r ir: ti�1 ,• .r t' •l1 1 �i if•f '�.... � �-a-1 � w•+ �� `(\ ti 10 'is 7,4 0 � d a tt V1 er S. r. 1 a' � + 4 y .'r; (• r t Y. - Li��ltay;, 1 r 1°I4� '1 1 " 1 for.. to ..ia{L' • x..,. r.+A xt:.{, V n i 0 fi ^ -------------- 4 .�sa'os A-4^ t +n !1 7i 1Jix 7 1 1111 L,LUIisA1 :LVO i'lf. 3I. i7J^I`IS_OC7 Y. SK5753 P436 � wIVICNuamYl Ov,TOLA,w Oaao INOWtaVA,.Mono FORK)eel formerly known as Mary A. Little .' xitd 1wgicK,CxpcdreyapgXXX ftX=fQCt<r4 We, ALICE H, DONO AN,/ of Marble Cad, MARY A, REAROON,/of Salem, both in the County of Essex and Commonwealth of Massachusotts, and THOMAS F. FLYNN, of New London, in the State of Connecticut, I x RXDaYi(Jr15KAKK 7(I;J(*&VJrYc6T2(foe coaildaralion paid,great to 'I Massachusetts Society for the Prevention of Cruelty to Children i I of 43 Mount Vernon Street, Boeton, Massachusetts with 441utalm rearnaata tlssAsmd�d>s , .� �. IDeazlvdoa lad muanMaeee,, U ear] The land, with the buildings thereon, known as a3 Hawthorne Boulevard, Salem, Essex County, Hasaachusetts, and shown as Lot a2 on a plan of "Land of Al lee H. Donovan, et als, 05 Hawthorne 8'11v'd„ Salem, !lass. , Oct. 1970, Edwin T. Brudzynski, Registered Surveyor", to be recorded herewith: Said Lot s2 in bounded and described as 'follows : WESTERLY by Hawthorne Boulevard, fifty and 32/too NORTHERLY (50.32) feetl by Lot 91 shown on said plan, forty and EASTERLY 87/100 (49.07) feet; by land now or formerly of Salovicos, fifty and 60/100 (50.60) feet; d SOUTHERLY by Lot 13 shownon said plan, forty—five and 75/100 (45.751 feet, Said Lot Contains 2,190 square feet, according t0 said plan. Subject to taxes assessed as of• January 1, 1971, which the Grantee assumes and agrees to Pay and which have been apportioned. For out title, see dead from Joseph A. Fitzgerald, at als, to Thomas F. Little, recorded with Essex South District Registry of Deeds at Cook 1930, page 271 ; Estate of Thomas F. Little, Essex County Probate Docket 9166420; Estate of Catherine G. Flynn, Essex County Probate Docket 91906521 deed from Timothy F. Flynn to Thomas F. Flynn, recorded with said Deeds at Book 3446, page 2161 deed from Thomas F. Flynn to Teresa FI. P. Little, of els, recorded with said Deeds at Book 450T, wpago 24, and estate of Teresa M. P. Little, Essex County Probate Docket 9281346. Consideration for the within conveyance is $19,500.00, �)�`•��1MMONWFAUN OF MASSACHUSEYIS two 4 4. 4 G q� e ee.ryp�ei• = fu-` "� AQP 1 `� .�°'p���r'` i R ' .-' ... ,�� . jn✓. r l � ! ' �y "ti,, . . � .', Y ('Indlvlduel — joint Tenant — Tenant In Common — Tenants by the Entxery.) i nnr. �r AIJA o cry ncv OsL: v" .:nLa :t:A tJ. DUc 49Doaa y' T 5 f' OW53 PG386, xxxxxEataE '' ftt5asidrgctosocx i;. xteifx r, l xeckascxoexdAcgmwtotdksd�n6cxxxbtaaxindh�odcxw�adbunaltnaeouexil�arnkx L�!' witnt"......BY...� �� ou and s and seal a thit.....�G_.—.____day ......19...2]. u i n � s ......... lice Alice I, Donovan ' it ...._._...................... ._ :}... ry „ e'9rdon p Thomas 6r:F ynn . ' f, la ' j r . IDhe EOotntncatn¢altq of Qitteaa 4 tta 3 r Essex, as. z(o 19 71 i Then personally appeared the above nsmed Alice it, Donovan end Nary A. Roardon j i I i and acknoMcdged the foregoing instrument to be the it �flee act and deed, before me r, Richard P. Farley, Notary 0�XY,Ifdt7dKlbiiSWli9C d l my co=j"ka asylra —PL9.C.97llb.9L.1...—. 19 72 Essex ac. Recorded tdarch 26i 1971. 41 m.past 9 A.M, U34 41 � ;y i i � . . -n. _ �, i ♦ trV sew � � x-ti E'' b' CRT,, - Q FIELD COPY r' q~ CITY OF SALEM BUILDING 3 SALEM. MASSACHUSETTS 01970 PERMIT a4E,aN, DATE Dec. 23, 92 598-92 J ames Butler ny+q vy lrFTA _ PERMIT NO 1345 APPLIUNT ._ __� ADDRESS S� MICE 1x0.1 (STREETI :[0x79'5 111I.SEI REMDEL NUMBER OF PERMIT TO (_) STORY DWELLING UNITS TIRE 0• IMPPOvEMENTI xo. IP.O'O51D u5E1 - —�— v' . WGIM A ZONING P " AT ILOCATiONI DISTRICT IN0.1 (STREET' BETWEE, AND (CROSa STREET) (CROSS STREET) LOT SUBDIVISION LOT BL N SIZE BUILDING IS -0 BE FT. WIDE N, FT, LONG B FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION I TO TYPE r USE GROUP BASEMENT WALLS OR FUUNOAT ION Remodeling exis i to handicap accessible bathroom ITTPEI T REMARKS: // CALL /PERNIIT TO CC=Y 745-9595 VAREA 00 OLUME PP ESTIMATED COST S 60000.00 PE c 41.00 1CUS)C SOUARE REETi —� OWNER Ma. Society 8revention Cruelty to Children ADDRESS me •,v �: Leo E. Tremblay INSPECTOR OF BUILDINGS INSPECTION RECORD D�Tt Mor[ •Roowau - CRITICISMS •wo ■[MARKS 'Nwtc1o11 CITY OF SALEM DEPARTMENT OF PUBLIC SERVICES 1 REQUEST FOR CURB CUT DATE OF REQUEST: z 7 - 97 REQUESTED BY: PHONE:�3Q� LOCATION (as specific as /TOLu 11210/1 ,(1 P �i� 605 f Ci /7 C3USc IleLiz` �7G.c�c� S'� P . Gy`i�/�� USG LENGTH OF CUT: �6 INVOICE TO le a7 5- 1elc ----------------------------------------------------------------------------------------------------------------------------------- FOR OFFICE USE ONLY AMOUNT DUE: $8.00 PER FOOT X FEET = $ ^APPROVED BY: BLDG. INSPECTOR DEPT. OF PUBLIC SERVICES NOT APPROVED: DEPT.: EXPLANATION: DATE OF INVOICE: x PAYMENT RECEIVED: CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL CITY OF SALE(",,.MA 120 WASHINGTON STREET, 3RD FLOOR CLERk('S OFFICE SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740.9846 giI STANLEY J. USOVICZ, JR.- 1609 MAR 21 P 3 21 MAYOR DECISION ON THE PETITION OF FATIMA & BRIAN HEATH REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-2 A hearing on this petition was held on March 20, 2002, with the following Board Members present: Nina Cohen, Chairman, Bonnie Belair, Richard Dionne, Nicholas Helides and Stephen Harris. 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 Variances from parking and use to utilize the first floor for an upscale teahouse and gift shop for the property located at 3 Hawthorne Blvd 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. Petitioners presented the detail of the intended use as an "upscale tea house and gift shop", including menu. 2. Petitioners presented their background in the food business. 3. Petitioners asserted that the prior use of the space before their purchase of the property as office space. 4. Parking for patrons of the business will be on street. 5. There was no opposition to the request. r DECISION OF THE PETITION OF FATIMA & BRIAN HEATH REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-2 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 3 in favor and 2 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 MARCH 20, 2002 Nicholas Helides 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 y , CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET+ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 July 20,2007 Richard L. Smith and Sean P.Prey 3 Hawthorne Blvd. Salem Ma. 01970 R.E Violation Notice Gentlemen, This department has received and investigated a complaint regarding the removal of a Handicap Ramp and the addition of a new sign. In June of 2005, the owner of 3 Hawthorne Blvd. applied for, and received, a Special Permit from the Salem Zoning Board of Appeals to operate a Home Occupation. The Special Permit was granted with 14 conditions. One of the conditions required all construction to be done per plans submitted to the Building Commissioner. Plans for interior modifications and for a required Handicap Ramp were submitted to this office.The plans were approved and permit# 31-06 was issued. The Ramp and the interior work was completed and inspected by this office. The recent inspection revealed the Handicap Ramp has been removed. The removal of the Ramp and the sign constitute the following violations: (1) Building Code-M.G.L143 -780 C.M.R section 111 requires a building permit for construction and demolition. (2) Zoning Violation- Several conditions of the Special Permit Conditions have been violated (3) Architectural Access Board Violation- M.G.L c.22 sectionl3A-521 C.M.R. requires a space to be made accessible when it undergoes a change in use. (4) Your sign, although it did go through the sign review process, violates a condition that waas set by the Zoning Board of Appeals. You are directed to contact this office upon receipt of this notice to address the violations and for your Rights of Appeal. Failure to address these matters can result in fines ,revocation of your occupancy permit, and a complaint being filed in District Court. \ T oma�s J. St.P'er Building CCo m� loner/Zoning Officer cc. Mayor,s office-Jason Silva Zoning Board Members Salem Commission on Disabilities ; a z ome J �/Wza�' '�" '� KI 'Woj" 6' 'OLW'a Ld.P f O"qlavl�i/'p Thomas G.GaKunis, Deval L.Patrick Commissioner Governor J1097� 6��7�7066/0y /�-�2��222 Timothy P.Murray �6//-/G/-OD�rY Thomas P.Hopkir for Lieutenant Governor Director Kevin M.Burke www.mass.gov/d; Secretary TO: Local Building Inspector Variance Number:07 118 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: 3 Hawthorne Blvd. 3 Hawthorne Blvd. Salem Date: 9/8/2008 Enclosed please find the following material regarding the above location: Application for Variance Decision of the Board G4�/�c4 Notice of Hearing _Correspondence Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. w o / aw;w xme�' Thomas G.Gatzunis, Deval L.Patrick Commissioner Governor Thomas P.Hopkir Timothy P.Murray / �/y ^�q�oD'� Director Lieutenant Governor www.mass.gov/dp Kevin M.Burke 6�77��0665 Secretary CANCELLED FINE HEARING NOTICE RE: 3 Hawthorne Blvd. ,3 Hawthorne Blvd., Salem You are hereby notified that your informal adjudicatory hearing scheduled before the Architectural Access Board on November 3, 2008 has been cancelled. The Board is in receipt of photographs showing that the handrails on the stairs and proper end conditions on the ramp handrails. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. ARCHITECTURAL ACCESS BOARD Date: September 8, 2008 Chairperson cc: Independent Living Center Local Building Inspector Local Disability Commission QQ ° � �� T�a�zc��a�a��22u�1eac�La�de�ld Deval L.Patrickg ypy Dp�Dy�p�pp Thomas G.Gatzunis,P.E. Governor 6�/-✓C/-OD6D/�II DD�L�/LLL Commissioner Timothy P.Murray Thomas P.Hopkins Lieutenant Governor - �6j/-/.G/-DDIr� Director Kevin M.Burke 6l"o-p 0665 w .mass.govldps Secretary TO: Local Building Inspector Variance Number:07 118 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: 3 Hawthorne Blvd. 3 Hawthorne Blvd. Salem Date: 8/25/2008 Enclosed please find the following material regarding the above location: _Application for Variance _Decision of the Board /Notice of Hearing _Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. 4 -<tN— d �oatoQaar�aetta OlfO�f6f� Deval L.Patrick Thomas G.Gatzunis,P.E. Governor 6f�7�>=O66Oy�p/-dD0//-d.2���l2 Commissioner Timothy P.Murray �Of/-/L/-ODfr7 Thomas P.Hopkins Lieutenant Governor (jam Director Kevin M.Burke e7 6f1-1.2>=0665 www.mass.govtdps Secretary FINE HEARING NOTICE RE: 3 Hawthorne Blvd. ,3 Hawthorne Blvd., Salem You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has been scheduled for you to appear on Monday, November 3, 2008 at 3:00 p.m. at One Ashburton Place, 21 st Floor, Boston, MA 02108 This hearing is being held to determine whether or not your noncompliance with the Board's order of February 26, 2008 is without justification and if so whether or not to impose fines of up to $1,000.00 per day per violation. This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and § 1.02 of the Standard Rules of Practice and Procedure. At the hearing, each party may be represented by counsel, may present evidence and may cross examine opposing witnesses. Date: August 25, 2008 ARCHITECTURAL ACCESS BOARD Chairperson ✓,�� cc: Independent Living Center Local Building Inspector Local Disability Commission Please turn off all cell phones and pagers while the Board is in session. a�ac�u'de�1 ale Deval L.Patrick ' � 0- Thomas G.Gatzunis,P.E. Governor Commissioner Timothy P.Murray p y Thomas P.Hopkins Lieutenant Governor �617Jp7C/-ae1v Director Kevin M.Burke J 6CG 617 ''�7086�" w .mass.gov/dps Secretary TO: Local Building Inspector Variance Number:07 118 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: 3 Hawthorne Blvd. 3 Hawthorne Blvd. Salem Date: 4/25/2008 Enclosed please find the following material regarding the above location: _Application for Variance _Decision of the Board Notice of Hearing correspondence Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. =F 11910 Deval L.Patrick "" N'' � 'd Thomas G.Gatzunis,P.E. Governor �i�osre '066�0y�p1-d0/0//-d.2� �2 Commissioner Timothy P.Murray ��1/-/L/-Q�le7 Thomas P.Hopkins Lieutenant Governor Director Kevin M.Burke 617-11>-'0665 w .mass.govldps Secretary April 25, 2008 Sean Pray 3 Hawthorne Boulevard Salem, MA 01970 RE: 3 Hawthorne Boulevard, Salem(Docket Number V07-118) Dear Mr. Hawthorne: The Board has reviewed your photographs that you submitted on April 8, 2008 do NOT show compliance that was ordered by the Board. The Board ordered that the ramp and entrance be built as shown in the plans that were submitted to the Board. The photographs do not show the returns (521 CMR Section 25.4.9) on the ramp handrails or any handrails provided on the stairs (521 CMR Section 27.4). Please submit photographs of the corrected handrails on the ramp and stairs within thirty(30) days of receipt of this letter or a FINE hearing will be scheduled. If you have any questions you-may contact the office at (617) 727-0660 Sincerely, Gerald LeBlanc Chairman Cc: Local Disability Commission Local Building Inspector Independent Living Center �_-` psyx0 Deval L.Patrick W 0 -���. v` C•��d,P Q O�/OO-/6�� Thomas G.Gatzunis,P.E. Governor , /mm pne7222 Commissioner Timothy P.Murray Thomas P.Hopkins Lieutenant Governor �6'�',�C�OO/n Director Kevin M.Burke tai— /[Y www.mass.gov/dps Secretary 6���270665 AMENDED DECISION RE: 3 HAWTHORNE BOULEVARD, Salem (V07-118) 1. The administrative discussion was held in regards to the following Rules and Regulations of the Architectural Access Board: Section 25.1 —General (Entrances) 2. The administrative discussion:was field on: Monday, February 11,20081 . 3. JURISDICTION. The Board took jurisdiction over the facility under Section 3.3.4,'in that no alteration shall be undertaken which decreases or has the effect of decreasing accessibility or usability of a building or facility below the requirements of new construction. 4. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: As a review, the following is taken from the December 19, 2007, Decision of the Board: ...At this point, Ms. Angney made a motion to DENY the variance request, based on the fact that the petitioners had not proven that the cost of compliance was excessive without�substantial benefit to persons with disabilities or technologically infeasible. Mr. Semple seconded the motion and proposed that the construction of the ramp be constructed and in full compliance with Section 24 of 521 CMR by April 1, 2008, with verification of the completed work (both visual and written) to be submitted to the AAB Office on or before the date of compliance; and a plan for compliance,, along with a copy of the building permit application to be submitted to the AAB Office by February 1, 2008. Ms. Angney approved Mr. Semple's amendments and upon a vote from the Board, the motion carried unanimously... On February 11, 2008, the Board discussed a submittal from the petitioners for 3 Hawthorne Boulevard in Salem, regarding the proposed ramp to the main entrance. A Upon reviewing the plans, Ms. Nancy Angney made a motion to ACCEPT the submitted plan, specifically plan A-I, dated February 7, 2008, and to reaffirm the date of compliance of April 1, 2008, with the condition that both written and visual verification be submitted to the AAB Office on or before the date for compliance. The motion was seconded by Mr. Richard Flippin and carried unanimously upon a vote from the Board. A true copy attests: DATE: February 26, 2008 ARCHITECTURAL ACCESS BOARD Gerald LeBlanc, Chairman lc� cc: Local Building Inspector Commission on Disability Independent Living Center 2 4 Tit" of �ttlem, ���ss�zcltusetts 3� s Poura of c�'v}ieicty y e� DECISION ON THE PETITION OF ELIZABETH NORTON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD. (R-21 A hearing on this petition was held October 16, 1996 with the following Board Members present: Nina Cohen, Joseph Ywu, Albert Hill, Richard Dionne and Paul Valaskatgis. 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 for a Change of Use for an Antique Shop and a Variance from parking for the property located at 3 Hawthorne Blvd. 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 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, makes the following findings of facts: 1. Petitioner was not present for the hearing of this petition. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. No special conditions exist which especially affect the subject property as opposed to the district in general. 2. Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. Desirable relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted 0 in favor and 5 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. v DECISION OF THE PETITION OF ELIZABETH NORTON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD. (R-2 ) page two Variance Denied October 16, 1996 Albert Hill. Member 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 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 of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 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 of Appeal C= ID (fin L., i u G-J , (91tu of '5alpm, �Httssttcllusetts 3 Potcrb of cAppr it Ai1 '9l Ci ( ;tK', 0IFICF DECISION ON THE PETITION OF MR. & MRS BRIAN L. HEATH FOR A SPECIAL PERMIT/VARIANCE AT 3 HAWTHORNE BOULEVARD. A hearing on this petition was held September 17, 1997 with the following Board Members present: Nina Cohen, Chairman; Richard Dionne, Joseph Ywuc and Albert Hill . 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, owner of the property, is requesting a Special Permit/Variance to enable off street parking from the required 12 feet to 10 feet minimum aisle width for the property located at 3 Hawthorne Blvd. (R-2) The Special Permit/Variance which had been requested may be granted upon a finding by this Board that: 1 . 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 involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 3. 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 viewing the plans, makes the following findings of fact: 1 . There was no opposition in this matter. 2. This will allow petitioner a fuller use of the property. 3. The Petitioners requested, Grant Leave to withdraw the Special Permit without prejudice. The request was granted,4 in favor, 0 in opposition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 4-0 to grant the variance requested, subject to the following conditions: 1 . Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Zoning Enforcement Officer and the City Engineer . DECISION OF THE PETITION OF MR. & MRS BRIAN L. HEATH FOR A SPECIAL PERMIT/VARIANCE AT 3 HAWTHORNE BOULEVARD, SALEM page two Variance Granted September 17, 1997 Albert C. Hill , Jr. Member, 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 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 v� r vr ZVAL r-Mp MA55AGMUSETTS + BOARD OF APPEAL CI1 Y OF SALEM, MA CLERK'S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9848 2005 JUN 23 A 8: 59 DECISION ON THE PETITION OFMICHAEL & MARIE NARINKIEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVD R-1 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Bonnie Belair, Nicholas Helides, Steven Pinto 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. Petitioner requests a Special Permit for a Home Occupation using the left side of the home for Antique & Gift Store for the property located at 3 Hawthorne Blvd located in a R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures 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, and after viewing the plans, makes the following findings of fact DECISION OF THE PETITION OF MICHAEL & MARIA NARINKIEWICZ SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 HAWTHORNE BLVE R-1 page two 1. Petitioners indicated that they had spoken with all the neighbors and found no objections. 2. Petitioners stated that there is an Antique Store next door to their property. 3. Petitioners stated that they have owned the property for 2 years. 4. The Petitioners stated that they researched the history of uses and found that their property had been used commercially in the past. 5. Petitioners stated that they have operated an antique store in Salem for the past 20 years. 6. Petitioners stated that their property has two curb cuts. 7. Petitioner stated that there is two car parking on the street in front of their property. 8. Petitioner stated that interior construction to accommodate the commercial use will consist of the construction of a 5 foot interior wall. 9. Petitioner stated that the customer entrance will be from the side of the building. 10. Petitioner stated that the size of the store will be 650-700 square feet. 11. Zoning Board Members referred to Zoning code for guidance and it was determined that the total square footage of the entire building will be the basis for determining the % required by code. 12. Petitioner stated that the signage will be in a side window. 13. In response to a question concerning hours of operation, the petitioner stated that the store will be open Sunday through Thursday from 9:00 a.m. to 5:00 p.m. Friday and Saturday from 9:00 am to 8:00 p.m. 14. The total number of outside employees will be no more than one. 15. Petitioners agree to a limitation of no more than 2 residential living units at any time. 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 provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions; DECISION OF THE PETITION OF MICHAEL dt MARIA NARINXIEWICZ REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 3 RAWT14ORNE BLVD 11-1 page three 1. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any constriction. 4. Petitioner shall obtain a Certificate of Inspection. S. Exterior finishes of the new construction shall be in harmony with the existing stricture. 6. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 7. Petitioner shall obtain approval from any City Boards or Commission having jurisdiction including,but not limited to the Planning Board. 8 Spccial permit will expire after 5 years. 9. Interior design must be submitted to Building Commissioner for approval. lo. Petitioner shall obtain a sign permit. 11. Petitioner shall operate within the dwelling unit,with no display visible from the street. 12. Business shall be operated only by the residents of the dwelling unit, with not more than one regular employee not residing in the dwelling unit 13.Petitionershall utilize not more than 25%of the gross floor ares of the dwelling unit 14. Petitioner shall display not more than one non-electric sign of an area not greater than 1 %a square feet and attached against the building and not protruding. SpecW Permit Granted A I d l Nicholas Hefldes June 15,2005 Bid 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 MGL CWer 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 MOL Chapter 40A,Section 11,the variance or Special Permit granted heron shall not take effect until a copy of the deci6m tag the cerh6cafim of the City Clerk that the 20 days have elapsed and no apped hes berm filed,or that,if such appeal has bean filed,that is hes been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed udder the name of the owner or record or is recorded and noted 00 the owner's Certificate of Title.