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33R BEAVER STREET - ZBA 3 h Legal Notice II CITY OF SALEM BOARD OF APPEAL 745.9595 Ext.381 Will hold a public hearing for all persons interested in the petition tsubmitted by URCIN LLC requesting an Administrative Appeal of the Building Inspectors refusal to issue a Building Permit to rebuild 1 fire damaged apartment. If denied, Petitioner is seeking Variances from i ( lot area, lot area per dwelling, lot q width,minimum side yard,rear yard and number of parking spaces for the property located at 33 R BEAVER STREET R-2.Said hearing will be held on WEDNESDAY,AUGUST 17,2005 at 6:30 P.M.,-120 WASHINGTON STREET,3rd floor,Room 313. l Nina Cohen Chairman V (8/4, 10) t I n .� CITY OF SALEM, MASSACHUSETTS + BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 S 0-10 MAYOR FAX: 978-740-9846iro S �3 DECISION ON THE PETITION OF URCIN LLC REQUESTING AN v ADMINISTRATIVE RULING AND VARIANCES FOR THE PROPERTY N LOCATED AT 33 R BEAVER STREET R-2 A hearing on this petition was held on September 7,2005 with the following Board Members present: Richard Dionne,Bonnie Belair, Edward Moriarty, Robin Stein and Steven Pinto. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting an Administrative Appeal of the Building Inspectors refusal to issue a Building Permit to rebuild fire damaged apartment. If denied,Petitioner is seeking Variances from lot area,lot area per dwelling, lot width,minimum side yard,rear yard and number of parking spaces for the property located at 33 R Beaver Street located in an R-2 zone. The Board of Appeal, after careful consideration of the evidence and after reviewing the plans at the hearing,makes the following findings of fact: 1. The Petitioner was represented by Attorney Rosalyn Stults of 221 Essex Street in Salem. 2. The Building Inspector refused to issue a building permit because he could not find a card showing a permit for the original building. The Building Inspector felt that the building may have been constructed illegally. 3. Council for the Petitioner said the present owners were not responsible for the building being constructed. 4. Many neighbors spoke against the tenants saying that the building smelled, contained rodents and was not being cleaned up. Abutters also spoke about fences being tom down and people cutting through there yards. 5. The property at 33 Beaver Street was purchased by the present tenants on December 3,2002. They are asking for a third unit to be added above an existing garage. 6. Linda Greenwood of 35 Beaver Street said she could still smell smoke from the fire. She also stated that the property was not being maintained. Ruth Simpson of 33 Beaver Street said a fence had been torn down and that people used that as a cut through. 7. The City was aware of the building since at least 1975 based on the 1975 assessor's records. Other records show taxes assessed on that property DECISION OF THE PETITION OF URCIN LLC REQUESTING AN ADMINISTRIVE APPEAL AND VARAINCES FOR THE PROPERTY LOCATED AT 33 R BEAVER STREET R-2 0 r-c page two m o rn T N Ncn _ D 8. The Petitioner cited hardship being economic and financial for needing the thud 3 apartment. The garage as is would not bring in any income. = m3 v Therefore, base on the fact and on evidence presented,the Board made a motion wDb 5 members in opposition and 0 in favor to deny the Administrative Appeal and another motion with 5 members in opposition and 0 in favor of issuing the Variances requested. ADMINISTRATIVE RULING &VARIANCES DENIIED ,,, September 7,2005 Steven Pinto.,Member( sue\ Board of Appeal ` J A COPYOF 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 Sled 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 unit a copy of the decision bearing the Certificate of the City Clerk that 20 days have elapsed an 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. �.';.,�s "�'::i�: :. /ter., ,[ r, frT c. - �• ; �J �.a 1�`+-. "�..\� '1�,_��, 7:1 �� 7 'Lv�.3�*T'.,ll:�y>'`•`:J.!;J c CiIll V!._ ;�P.,�,55• FEBRUARY 24, 1976 SALE t;, .A `i.'i LLt J F. AU00F J0Sz7H F. DOYL'c JOH 1 M.GRAN,SR. ARiHU2 e LA;;th,4u_ DECISION ON PETITION OF GILBERT E. LUMBARD TO BE ALLOWED TO CONVERT JAN= T. LUNGR=GAN THE PREMISES AT 122 BOSTON STREET AND PEAR 33 BEAVER STREET INTO TUO DONALD E. FA'M< 5 STUDIO APARDIENT9— �-.�-- £'n 'iY P. 7ANCH Hearing on this petition was held on February 24, 1976 with Chairman John M. Gray Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque and Associate Member Donald Eames present. Notices were duly mailed to abutters and others in accordance with Massachusetts-Law,-"Chapter 808. Atty. Robert Ledoux appeared for the petitioner. He stated that Mr. Lumbard purchase the property in 1975. The property had formerly been used for storage. The building is brick and there is ample parking in the yard for two apartments. The attorney submitted a petition from the abutters in favor of the petition. Councillor Grace appeared in favor. There was no opposition. The premises in question have been used for a number of years both for offices and storage, and qualify as a non-conforming use in both a B-2 and R-2 Zone. There are a number of two family houses located on both Beaver Street and Boston Street. The Board voted unanimously to grant the Special-'Permit requested by the petitioner. The Board found that the conversion of the property to two studio apartments would be an asset to the neighborhood because it would result in the rehabilitation of the building which is presently in disrepair. The neighborhood in which the building is located is predominately residential, and therefore the Board further found that the proposed use was appropriate to the surrounding neighborhood. Appeals from this decision, if any, should be made pursuant to Chapter 808, Section 17 and shall be filed within 20 days after the filing of this notice in the office of the City Clerk, 4 SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT TIL_vTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DIS- MISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS MM INDEXED IN THE GRA;TOR INDEX UNDER THE NAME OF T:1_ OIdNER OF RECORD, OR RECORDED k`iD NOTED ON THE MWER'S CERTIFICATE OF TITLE. SALEM BOA:1,D OF APPEAL BY 1 . GERALD RALPH MARSELLA 13-M SWSHEETS,RLLER SSOUARE VY O' wSHEETS EYE{ASP 5SOUARE Registered Professional Land Surveyor ��®fttjMal°Brend 42Se2 100 SHEM EYE-EASES S SQUARE 62399 M SHEETS EYE'AS?5 SQUARE 475 Essex Street,Beverly.MA01915 42-n2 ISO RECYCLED YIHTTE SSQUARE 42399 ffb RECYCLED WHRE 5SQUARE 978-927-1437 '°°•"°s" 'fn� X V � r D � z N r v V% 10 m m 6) Q01 'A ,4 V% n Y l - 7� l/ b•2 0 rh o m m m N .,° ° D (m" v A rrl m �— y o a curt;,,, mIA S evV"°