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33 CHESTNUT STREET - ZBA D � 33 CHESTNUT STREET J V � Legal Nonce is CITY OF SALEM t` a, BOARD OF APPEAL y 978-745.9595,Ext 361 t will hold a public hearing for all per- It sons interested in the petition submit- i, ted by WILLIAM & FRANCESCA t, KARACH requesting an Administra- 1 five Appeal for request of Enforce- ment for the property located at 33 CHESTNUT STREET R-2.Said hear- ing to be held WEDNESDAY,MARCH 19,2003 at 6:30 p.m.,120 WASHING- TON STREET, 3rd FLOOR, ROOM 313. Nina Cohen,Chairman (3/5,12) _1 7 4Z "C c'rOiF EOAP[ O' - ,cEA_ }Sr 'Ga17 `C",^�v 4 1 20 WASHINGTON Sl REEL, 3RD FLOOR SALEM: 64A O1 970 IQ TEL. (978) 745-9595 ©,MA'7 _ cnyme� FAX (978) 740-9846 2(� STANLEY J. USOVICZ, JR. A 2 MAYOR 6 DECISION OF THE PETITION OF WILLIAM & FRANCESCA KORACH REQUESTING AN ADMINISTRATIVE APPEAL FOR THE PROPERTY LOCATED AT 33 CHESTNUT STREET R-2 A hearing on this petition was held March19, 2003 meeting with the following Board Members were present: Nina Cohen Chairman, Stephen Harris, Nicholas Helides, Bonnie Belair and Joseph Barbeau. 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. At the request of the petitioner's William & Francesca Korach, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice requesting an Administrative Appeal for the property located at 33 Chestnut Street located in a R-2 zone. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE MARCH 19, 2003 Nina Cohen, Chairman 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 William & Francesca Korach 31 Chestnut St. Salem, MA 01970 March 17, 2003 City of Salem Board of Appeals 120 Washington St. Salem, MA 01970 Dear Board Members: In honor of the memory of our dear son William Mark Korach III who died suddenly on March 6, we withdraw our petition. This petition requests enforcement at March 19 hearing regarding the Thomas Vander Salm property located at 33 Chestnut St. William was a lovely sweet young man who truly wanted to love his neighbors, and live in peace and harmony. In this spirit and following His example, we will not stand in the way of the demolition and construction at 33 Chestnut. We ask only of the Vander Salm's that they inform us of the date and the duration of the demolition work so we can leave our home, rent a quiet room somewhere and grieve in peace. n C cerel Irl J Z' r-n, Will and Francesca Korach r r� • n't Cc: Dr. & Mrs. Thomas Vander Salm cn1 Frank McElroy, esq. CITY OF SALEM, MA CLERK'S OFFICE BOARD OF APPEALS City of Salem, Massachusetts1003 FEB -3 P 12 55 NOTICE OF APPEAL [Gen.Laws c. 40A, Sections 7, 8 and 151 In Re: Request for Enforcement William and Francesca Korach, Petitioners, 31 Chestnut Street Locus: 33 Chestnut Street Owner: Thomas Vander Salm William and Francesca Korach, Petitioners herein, being aggrieved by their inability to obtain enforcement of the Zoning Ordinance by the Acting Building Commissioner as requested by them pursuant to the provisions of Section 7 of Chapter 40A of the General Laws, hereby appeal to the Board of Appeals under the authority set forth in Sections 8 and 15 of Chapter 40 A of the General Laws. As grounds for this appeal, the Petitioners incorporate by reference the content of their request for enforcement addressed to the Building Inspector (copy attached hereto) and the response of the Acti uilding Commissioner (copy attached hereto). Petitione ,Wseo the relief set forth in their request for enforcement and suyotheriefthe Board of Appeals deems appropriate. Francesca Korach, torney Dated: February 3, 2003 _ Frank L. McElroy P--: 2 Hooper Street Marblehead, MA 01945 c' Tel. 781 .631 .8700 O' _ »J J J , , THE LAW CHAMBERS AT BANK SQUARE TWO HOOFER STREET MARBLEHEAD, MASSACHUSETTS 01945 FRANK L. MCELROY MARJORIE W. BURKE By Hand December 18, 2002 Thomas St. Pierre Building Inspector 120 Washington Street Salem, MA 01970 C__ �. rJ Re: 33 Chestnut Street, Salem00 r U o Dear Mr. St. Pierre: W Y This is a request made pursuant to Section 7 of Chapter 40A of the General Laws for enforcement of Salem's Zoning Ordinance and the zoning laws of the Commonwealth in connection with the cited Chestnut Street property. It is made by me on behalf of my clients, William and Francesca Korach who reside at 31 Chestnut Street, Salem. Reference is made to the direct variance application received by the Building Department on October 24, 2002, in which Thomas VanderSalm sought approval for an addition to 33 Chestnut Street, Salem. The plans filed with the application (which l understand has been withdrawn by the applicant), show an addition on the second floor which is located entirely within the 10 foot side yard setback. Any such construction would increase or intensify the non-conformity of the existing structure [see Goldhirsch v. Mcnear, 32 Mass.App.Ct. 455 (1992)], requiring a finding and variance of the applicable provisions of the zoning ordinance. Accordingly, until such relief is obtained from the Board of Appeals,;your office must "withhold a permit for the . . . alteration of the structure . . ." as"depicted in the referenced plans or otherwise having similar zoning implications. Therefor, on behalf of my clients, I request that you make the following TELEPHONE 751 .631 .8700 FACSIMILE 781 .631 .3452 determinations and undertake the following actions in order to enforce the zoning ordinance and laws: 1 . Determine that the plans filed with the referenced zoning application depict an addition within the boundaries of the applicable sideyard setback; 2. Determine that such a structure would increase or intensify the non- conformity of the existing structure, or that such a determination is within the jurisdiction of the Board of Appeals; 3. Determine that such a structure cannot be constructed without relief from the applicable provisions of the zoning ordinance and the applicable provisions of Chapter 40A of the General Laws; 4. Determine that no such relief has been obtained for the property at 33 Chestnut Street, Salem; 5. Determine that no building permit shall issue for such construction within the sideyard setback without relief from the Board of Appeals; 6. Inform the owner of the property that no building permit shall issue for such construction in the absence of relief from the Board of Appeals; 7. Decline to grant or issue a building permit for such construction until such time as the Board of Appeals has granted relief from the zoning ordinance. It is the intention of my clients to fully pursue their rights in this matter. Toward that end I request that your office inform mine of a eceipt of any application for a building permit for the property at 33 Ches ut Street, as well as the issuance of any building permit. Please feel free to co tact me directly to discuss any aspect of this request for enforcement. ery truly yours, Frank L. McElroy FLM/att cc: Joseph C. Correnti, Esquire r o CITY OF SALEM9 .MASSACHUSETTS _ PUBLIC PROPERTY DEPARTMENT ' 53 120 WASHINGTON STREET, 3RD FLOOR ' spa SALEM, MA 01 970 TEL. (978)745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR January 6, 2003 The Law Chamber Bank Square 2 Hooper Street Marblehead, Ma. 01945 ATTN: Frank L. McElray Dear Mr. McElray: In response to your letter dated December 18, 2002, I do not feel the owners of 33 Chestnut Street need any zoning relief to construct their addition. It is my feeling that the proposed second floor addition does not intensify the existing nonconformity. Salem Zoning Ordinance, Section 84- Allows a single or two family residence to be increased in height. This department has consistently granted building permits to owners of nonconforming one or two family residence to build up as long as the addition does not exceed the footprint of the existing structure. To date, this department has not received an application for permit for the Vandersalm residence. Sincerely, i/2 Thomas St. Pierre f Acting Building Commissioner cc: Mayors Office John Keenan Joseph Correnti