6 HAMILTON STREET - ZBA 6 H;am`ilton St. R-2t 1
Latta Realty Trust
1'
z
S -ATE OF KEARING
PETITICNER CLZL'ftJ �2e�r t //L ccA��
LOCATIO'1fL�ti � �y!_�
QTION: -0 GRANT SECOND
TO DENY \ SECOND
TO RE—HEAR SECOND
LEAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE—HEAR CONTINUE
RICHARD EENCAL
RICHARD FEBONIO Y
FRANCIS GREALISH t�
EDWARD LUZINSKI
STEPHEN TSUCHETTE L/
ASSOCIATE MEMBERS
RONA PLANTF
ARTHUR I RECOUE
CONDITIONS:
5
i
of �ttlem, ��ussttcltusetts
t.,. Jug 8 II 34
�aAra of Au{reul CITY OF
CLERK
. o
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT
6 HAMILTON STREET (R-2)
A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette.
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.
Petitioners, owners of the property, are requesting a Special Permit
to extend nonconforming rear setback to construct a deck in this R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change,
extension, enlargement or 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.
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 to this petition.
2. A letter in favor of granting the petition from an abutter was
received by this Board.
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL
PERMIT AT 6 HAMILTON STREET, SALEM
page two JUL 34 dfl oZ
CITY OF S;,I F`+. I44SS
3. The proposed plans were approved by the Salem HistoricComrssi��CF
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
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 and by legal building permit.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
SPECIAL PERMIT GRANTED
June 24, 1992
RcP Fonio, Member
Board of Appeal
5�
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A
SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM
page three
JUL B 1134 GH '92
CITY OF S::LEh', MASS
CLERK'S OFFICE
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 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 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
lit
Titg of ttlem, Httsstttljusetts
Poura of '�ppeal
July 8, 1992
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY
CLERK TO GRANT THE PETITION OF LATTA REALTY TRUST FOR A
SPECIAL PERMIT TO EXTEND NONCONFORMING REAR SETBACK TO
ALLOW CONSTRUCTION OF A DECK AT 6 HAMILTON ST.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision,If any, shall be made pursuant to Section 17 of
the Mass.General Laws, Chapter 808, and:shall be filed within 20 days
after the date of filing of this decision in the office tion of e C t y Clefk.a't`e
Pursuant to Mass. General Laws, Chapter 808, ect until acopy
of the
or ` ecial Permit granted herein shall not take eff .
decision, bearing the h41f'been filed, or that, if such ion of the city Clerk aappea ahas hbeen
elapsed and no app
filed,that Its has been dismissed or denied Is recorded in the South Essgx
Registry of;Deeds and indexed under the name or the owner of record oc
is recorded and noted on the owner's certificate of Tido.
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4 �41amdtoa cSfwet
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�fi0��5G.L+ WY) S �C �� C .l
f4gvnr
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� s
Sal — Historicui C"arIlMissiuri
ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970
Chairperson, Annie C. Harris
NOTICE OF WAIVER OF PUBLIC HEARING
Pursuant to Massachusetts General Laws, Chapter 40C, the Salem
Historical Commission must determine in the case of each appliation for
a Certificate of Appropriateness whether the change proposed is
sufficiently substantial to require a formal public hearing.
In any case where the Commission determines that a formal public
hearing is not necessary, owners of adjacent property must still be
notified of proposed changes in their neighborhood. This notice allows
for property owners to review thn application and comment upon it to the
Commission.
The following application has been received by the Commission:
Address: 6 Hamilton Street
Owner: Latta Trust
Nature of Work: Reduce width of rear deck approved at 5/6/92
meeting. Removal of mudroom.
Any comments/questions/objections you wish to address to the
Commission should be made within 10 days of receipt of this notice
5/21192 I' WD
Date Jan uy
Cle qof Commi Sion
�XOND1,,�
} Salem Historical Commission
CITY HALL. SALEM. MASS. 01870
gf0/M01,�
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has
determined that the proposed construction [ ] ; reconstruction [ ];
demolition [ ]; moving [ ]; alteration [ ] ; painting [ ] ; sign or
other appurtenant fixture [ ] work as described below in the . . .
McIntire Historic District.
(NAME OF HISTORIC DISTRICT)
Address of Property: 6 Hamilton Street
Name of Record Owner: Latta 'trust
DESCRIPTION OF WORK PROPOSED:
Reduce width of rear deck approved at 5/6/92 meeting so that the deck is
flush with the rear wall. Removal of mudroom. New door replacing mudroom,
adjacent to windows to have matching fenestration and trim to windows. Door
to be wooden with 9 or 15 lights and have intregal muttins and mullions.
Stairway of deck to be straight off driveway side of deck. Stairs must not be
visible from Hamilton Street. All other aspects of prior approval of 5/6/92
are ratified.
will be appropriate to the preservation of said Historic District, as per
the requirements set forth in the Historic District's Act (Mass. General Law
Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the
appropria*_A —miry frrn the Inspector of Buildings prior to commencing work.
Dated: June 2, 1992 SALEM HISTORICAL COMMISSION
By___
C airman
w
"4
(IIitu ofBonrb of�ttlem, _�ttssttdtusetts
t.1. Jug 8 4peal GI 'SZ
CITY OF
CLERK'S O�ricF
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT
6 HAMILTON STREET (R-2)
A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette.
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.
Petitioners, owners of the property, are requesting a Special Permit
to extend nonconforming rear setback to construct a deck in this R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change,
extension, enlargement or 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.
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 to this petition.
2. A letter in favor of granting the petition from an abutter was
received by this Board.
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL
PERMIT AT 6 HAMILTON STREET, SALEM
page two JUL J 34 Ah' X32
CITY OF SAI �-F!. H4
SS
3 . The proposed plans were approved by the Salem HistoriSIGFd�m°r`s54r0F
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit 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.
2 . The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions :
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 and by legal building permit.
3 . All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
SPECIAL PERMIT GRANTED
June 24, 1992
kcharidd-1F)e((Q� rte)
Ro, Member
Board of Appeal
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A
SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM
page three
JUL B 1134 GH T
CITY OF SALC=', HASS
CLERK'S OFFICE
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 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 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
-,\
Ctt� of �ulem, ��ttssttdtusetts
. . Jug g
-Soura of �u}�ettl ci7v 11 �� lril cL
•fit ti,,��, a"' OF S::.LEH
�' CLERK'S 0(Ficl- ,
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT
6 HAMILTON STREET (R-2)
A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette.
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.
Petitioners, owners of the property, are requesting a Special Permit
to extend nonconforming rear setback to construct a deck in this R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change,
extension, enlargement or 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.
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 to this petition.
2. A letter in favor of granting the petition from an abutter was
received by this Board.
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL
PERMIT AT 6 HAMILTON STREET, SALEM
page two JUL II 34 Ah' to
CITY OF S;,I r !. H4SS
3. The proposed plans were approved by the Salem HistoricCl&jd i`sQi6mCF
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit 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.
2 . The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
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 and by legal building permit.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
SPECIAL PERMIT GRANTED
June 24, 1992
Richard F4— M � )
R chard Fe onio, Member
Board of Appeal
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A
SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM
page three
JUL 8 1134 U T
CITY OF SALEP, H45S
CLERK'S OFFICE
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 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 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
b Titu ofttssttchusetts
nssrb of rAppeal CtTy OF
' CLERK'S orF
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT
6 HAMILTON STREET (R-2)
A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette.
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.
Petitioners, owners of the property, are requesting a Special Permit
to extend nonconforming rear setback to construct a deck in this R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change,
extension, enlargement or 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.
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 to this petition.
2. A letter in favor of granting the petition from an abutter was
received by this Board.
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL
PERMIT AT 6 HAMILTON STREET, SALEM
page two JUL fl �� 34 dh 9Z
CITY OF SAI FFfli4Sti
3 . The proposed plans were approved by the Salem Historic�ICFdym'i53§ ,�AOF
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit 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.
2 . The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
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 and by legal building permit.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
SPECIAL PERMIT GRANTED
June 24, 1992
Rchard
,�� et — � )
Fe onio, Member
Board of Appeal
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A
SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM
page three
AIL 8 1134 Gil '9Z
CITY OF SkLt N. BASS
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARDICE AND THE
CITY CLERK
Appeal from 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 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
b T TitV of 4RUS13a llusetts
j'L 34
33uttrd of �Aupeal CITY OF SA
CLERK'S Mns;
S OF, ICF
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT
6 HAMILTON STREET (R-2)
A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette.
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.
Petitioners, owners of the property, are requesting a Special Permit
to extend nonconforming rear setback to construct a deck in this R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change,
extension, enlargement or 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.
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 to this petition.
2. A letter in favor of granting the petition from an abutter was
received by this Board.
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL
PERMIT AT 6 HAMILTON STREET, SALEM
page two JUL 34 A4 '92
CITY OF St,LE�t, MdSS
nW
3. The proposed plans were approved by the Salem HistoriSIIE is4ACF
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
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 and by legal building permit.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
SPECIAL PERMIT GRANTED
June 24, 1992
rl
Rchard Fe onio, Member
Board of Appeal
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A
SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM
page three
JUL S 1134 AN '92
CITY OF SALEM. MASS
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLA CLERK'S
'BOARD SOFFICE THE
CITY CLERK
Appeal from 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 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
of �tzlem, r�ttsstttl�usetis
34 G11 '9l
s 33ottra of �u}zeul
CITY OF S4LEN � ,• -
CLERK' F
S OF,
)i,F
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL PERMIT AT
6 HAMILTON STREET (R-2)
A hearing on this petition was held June 24, 1992 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Francis Grealish Jr. , and Stephen Touchette.
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.
Petitioners, owners of the property, are requesting a Special Permit
to extend nonconforming rear setback to construct a deck in this R-2
district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change,
extension, enlargement or 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.
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 to this petition.
2. A letter in favor of granting the petition from an abutter was
received by this Board.
Y
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A SPECIAL
PERMIT AT 6 HAMILTON STREET, SALEM o
page two JUL 8 �� 34 A- �9Z
CITY OF S�LE,�I. MASS
3. The proposed plans were approved by the Salem HistoriS iq;9f(5A0F
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit 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.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
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 and by legal building permit.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
SPECIAL PERMIT GRANTED
June 24, 1992
Richard Fe onio, Member
Board of Appeal
DECISION ON THE PETITION OF LATTA REALTY TRUST FOR A
SPECIAL PERMIT AT 6 HAMILTON STREET, SALEM
page three
JUL B 1134 U '92
CITY OF SALEH, MASS
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING B ARD'
CE AND THE
CITY CLERK
Appeal from 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 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
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
(�i#g of "'14ttl>em, 'Mttssttcljxz$;e#tg
;r �Rattrb of �Vpettl
Gp�
TO THE BOARD Of APPEALS:
The Unde siggn�ed rW�p,rresent //that he is are the owners of a certain parcel of land loc ted
at NO. . r� . ./�fG✓y1/! nh• •Sf•.. . . . . • • • • • • • • • • • • • • • • • • • • • • • • • •Street; Zoning District. /
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
R ...~. >
lL C�) L4-cY p Z
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Vtoh C rj&Mlh
Owner. -!T.A . Rf Mtn. . ).r'A xt. .. . . . . . . . . .
Address. w. .aQ M a .avA.. .st . . . . . . . . . . . . . . .
Telephone. .:.1.`{N.:1.1��. . . . . . . . . . . . . . .
Petitioner. $arn-c. . . . . . . . . . . . . . . . . . . . . . . . . .
Address ge. ^:':
�! . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. .�.Is .,. Q.z. . . . . . . . Tel one.S �»r. . . . . . . . . . . . . . . . . . . . . . . . . .
By. . . cJ.•.�J r�+µ. L.Y . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION 1'0 BOARD OF APPEALS
LOCATION
................................................................
PETITIONER..........................................
ADDRESS...............................................
................................................
CONDITIONS
........................ .......................................
................................................................
.................................................................
.................................................................
.................................................................
,PETITION APPROVED.................... ❑
DENIED......................... ❑
Cf ' i
.............................................. 19......... CIl� t
1ml S 3 ra E': A4
Otepben 0. Ulbittier �.
Building and Home Remodeling
10 River Street Tel. 508-744-60,'76
Salem, MA 01970
1ynn i�rnthingham
il�anii It )n Jt .
'Aem , illa.ss .
F !rch specifications for 6 Hamilton St
. raming materials p x "." pressure treated
l ',nri.ng
1 x It" s.luare-edge pressure treated
Railinp,,
n 9 x 4" treated handrail
'" square treated balusters , 4" o. c .
Iy x, It,, posts - ,i th ball top cap
:;Ici rtinp
I x "" treated fascia ,.n(! base trim
1 x 9" treated vertical board , 4" o. c .
:3tnirs
1 .. '1" treutet'. trewls
1. -x t'" treated fasci.a
ii-: ili.nrs incl skirt5riv t- be painted t ., m. trh It w , ii-ii
,t -- k Ild1Z'.Ilt, eC'�•ln; t p'1' AIC , It.,.,n
J! i rvy, height. , .3 "'
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CITY OF SALEM
BOARD OF APPEAL LITS' OF SALEM
745-9595 Ext. 381 _ BOARD OF APPEAL
Will hold a public hearing for all persons inter- 745-9595 Ext. 381
4 a - ested in the petition submitted by LATTA Will hold a public hearing for all persons inter-
--:REALTY TRUST for a Special Permit to extend ested in the petition submitted by LATTA
x�.. nonconforming rear setback to allow construction t REALTY TRUST for a Special Permit to extend
of a deck at 6 HAMILTON ST.(R-2).Said hearing �. nonconforming rear setback to allow construction
to be held WEDNESDAY,JUNE 24, 1992 at 7:00 of a deck at 6 HAMILTON ST.(R-2).Said hearing
P.M. ONE SALEM GREEN, 2nd floor. to be held WEDNESDAY,JUNE 24, 1992 at 7:00
-RICHARD A. BENCAL, Chairman P.M. ONE SALEM GREEN, 2nd Boor.
June 10, 17, 1992 SN72320 I June 10, 17, 1992 SN72320 A. BENCAL, Chairman
SN72320
' CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by LATTA
REALTY TRUST for a Special Permit to extend '
nonconforming rear setback to allow construction
of a deck at 6 HAMILTON ST.(R-2).Said hearing
to be held WEDNESDAY,JUNE 24, 1992 at 7:00
P.M. ONE SALEM GREEN, 2nd Boor.
RICHARD A. BENCAL, Chairman
June 10, 17, 1992 SN72320
v.A
CITY OF SALEM
BOARD OF APPEAL +" CITY OF SALEM
745-9595 Ext. 381 _ BOARD OF APPEAL
Will hold a public hearing for all persons inter- 745-9595 Ext. 381
ested in the petition submitted by LATTA '"-Will hold a public hearing Cor all persons inter-
REALTY TRUST for a Special Permit to extend r ,ested in the petition submitted by LATTA
nonconforming rear setback to allow construction - REALTY TRUST for a Special Permit to extend
of a deck at 6 HAMILTON ST.(R-2).Said hearing nonconforming rear setback to allow construction
to be held WEDNESDAY,JUNE 24, 1992 at 7:00 of a deck at 6 HAMILTON ST.(R-2).Said hearing
P.M. ONE SALEM GREEN, 2nd Door. to be held WEDNESDAY,JUNE 24, 1992 at 7:00
RICHARD A. BENCAL, Chairman P.M. ONE SALEM GREEN, 2nd floor.
June 10, 17, 1992 SN72320 June 10, 17, RICHARD A. BENCAL, Chairman
SN72320
APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . .
(ILittt of Sal in, Anssttr4usEtts
' Bvarb of '4pnd
TO THE BOARD OF APPEALS:
The Undgsi a re esen that he is are the owners of a certain parcel of land loci
at N0. . (Q- I . jft.01. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning Di strict. A(�,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ; and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
N � N c7 c
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The Application for Permit was denied by theInspector of Buildings for the following
reasons:
rx�
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons: rM
/061
a
"v 6
4on Ca��I�YII�
y
Owner. •• •
Address. lA . .ft 0.01 k . .. . . ..
Telephone 5UfS. -.�`{y.: �J.1.7. . ..... . . .. .':
Petitioner.�q M& . . . . . . . . . .. . . .. .. ....` --.
c,Y
Addresss fA MA. . . . . . . . . . . . . . . . . .. .. — .„ .
Date. . �°�� .I. 9. L. . . . . . . . TelephoneSn,mx . . . . . . . . . . . . .. ... ... . .. .':'. .
BY U 1 . . . .
U
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . .. . . . .1, � .p
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
,rs
CI
Gt
j i9
NO....................................
PETITION 10 BOARD OF APPEALS
LOCATION
.............................................I..................
PET11 IONER..........................................
ADDRESS..............-......... ........ .......
................................................
CONt)Il IONS
............................ ....................................
........................ .......................................
......................................I.........................
.......................................................
..............I..................................................
.................................................................
III
,PETITION APPROVED.................... ❑
DENIED......................... 0
19.........
3 is
r —
�ttph¢tt �. 'U��Jittier ,.
Building and Home Remodeling
10 River Street Tel. 508-744-6076
Salem, MA 019 70
i
Lynn Frothingham
11arni It )n St.
J'alem , iVass .
Plrch specifications for 6 Hamilton St . :
:'yarning materials ? x 9" Pressure treated
�,'l. >ori-ng
1 x 11" square-edge pressure treated
Railing
- jj - ? x 4" treated handrail.
l ' square treated balusters , 4" o . c .
4 x 4" posts -,ith bal.l top cap
;lcirtinF,
1. x C"" treated fascia and base trim
1 x 3" treated vertical board , 4" o . c .
Stairs
1 y !r." Create('' trends
1 x t'" treated fascia
i?aiIi.ngs and skirting to) be painted to match h W!,, i.ii
i1in�-, height , 3 '."
Y
I
- --
n/f PERCY 1
n/f HOFFMAN
N n/f WILSON
_ N
a
2 1/2 sty wd
NO 6-8
n/f WILSON _ z„ r }
; ..
=:Y
79.5'
Al0ffIWW SLIMY q.�4IV
STREET sa c�M._ --M.9.� ti------
H A M 1 LT O N -----
Sca/e %./a: 30 ft. Don CO_ R¢t¢k¢c.!�@ _
8k__6�73.
�s p�r,:. ,11 ,Fe iit'� as r Fri ♦°f.�L31 r.L.7:L.. ......
A7 mffw mod*&an
Abt*:ft ISO Of
/lJfrslb/ep p
/40 is for oxn"
Mit
" 84 v STAT£ SURbFYIN6 S£RVJCE ifV�
222 Cobol SL, Beverly. Akar.
To the Easternrow
Savings Boort, i
;1 hereby am
cert/fy that / have ex /fled Meg
and o// easements, encioochoWla and
t/dings are located tn:bu d
baints
shown. I further Certify
conftwod to Me "NAV ow o/ AM
e '° s of Salem v6ss. ! fortAei
crr►ify Mot Mss pnaoe�ty is nal kootsd a eA
estobNshed flood Aaia►d ono as alrfA+edl1/A
Dep,. of Noy�sinp a Urban Do NAWM"
n/f PERCY
„:J.
80.8` I
n/f HOFFMAN
_i
' a n/f WILSON
N
2 1/2 sty wd
N° 6-8
n/f _.WILSON -- 1
79.5
HAMILTON STREET ' Gat, _.S,A.L.€!N:- -
Scali //A= 30 fl. 0a1t LP_-RatQkeC.l��3_
RNtrencat Bk 6873,- -.RQ.5.a�9
F
AbM V* is o Alpe "Ma"
nar an
Mt�tfort Mit P P-01 is b a►arvm*
surrty,, ,
f
,fir `� Y vwva*K�':av►ly
BAY STATE SUKvr-flN6 SERNCE,ANG
222 Cabot $L, Beverly, Mbss.
{•; i }. -.
To the Eastern Sov/nps 9a4 ,
Mnby ctr,lfy that /Aovt examined h!t P+'M►�
and o// eostmtnts, crooct"If
tn -ond
btl/dinps ore bcattd on the provr �jas
shown. / fw,her certryy that Me bvl/a<tys
jhprn. conlbm►td a the _VoAV Am
/em Mfrs#.of S
/ Iw1At�
CiIY._..... ..... .....
otrtify Ma, Mi$onpoy is no, /acotrd in m
atcbBshed flood hazard arm di aWAW 4A1+
Oept. of Hin p o Urban DopfA max
n/f PERCY
80.8 I
,t
7
41`
P
• it
n/f HOFFMAN
� r
r
_i
1
cv n/f_ WILSON
N
2 1/2 sty wd
N4'
I
n/f _WILSON --
79.5'
L � _ ,ry
1 LION STREET' sgc M.---- Mg &'-L
H A M cacbtian_ .. --
scop t lt,= 30 ft. Date LP_.R¢t¢kec 1��3—
Roference _Bk_6973,-•--�-5�9 ----_
ppkrlhis Rio Alpe xMr' O/Ad ted oh t
"f silkyN"fort? this Plot PAW is fop�►arpv0e
BAY. 'STATE SURICYING SERNCf AVS
222 Cabot St., Beverly, Mbss.
To the Eastern Sov/0% MWWW
Boort ,
i�•r i 'r. .. - .
Mnby cer!/ly that /Aove eAVm/neo 1M P
and 0/1 easement+, encioacAaNinta and
ba/ldiny+ are located on the proowd: os
+hor n:., ! Iwther cort�Yy Mat MKbpl/SNM+
rii E - Aon mimed to the zVokv bw
oI Salem...., Ala++: / 1brtAa
certify hb! INS PVWY i+ not Wdted x'm
gtobNshed flood hadw ono of oYfkw IV AW
Nn o Urban DN"�m+pA
Dept. of Noy+ 0
e ^ `� ' `✓''may, --
t -
i
�tepfjett �. �fjitfier h
Building and Home Remodeling
10 River Street Tel. 508-744-60;?6
Salem, MA 019 70
Jjnn Frothingham
Hamilton St .
Salem , mass .
Perch specifications for 6 Hamilton St . :
Framing materials 2 x 8" pressure treated
Flooring
I x 4" square-edge pressure treated
Rai ting
P ? x 4" treated handrail.
11" square treated balusters , 4" o. c .
4 x 4" posts with ball top cap
Skirting
1- x P" treated fascia nd base trim
1 x W treated vertical board , 4" o. c .
Stairs
1 s 4" treuteO treads
1. x P" treated fascia
wailings -anO skirting to be painted to match h una Oi c -
•` . i ok heivht, cecunp to grude ,
.kT..
Mling height , Y" .
' �tepijen �. �f�ittier �-
Building and Home Remodeling
,Y
10 River Street Tel. 508-744-60,76
Salem, MA 01970
Lynn Frothingham
dami ltin St .
Salem , mass .
Perch specifications for 6 Hamilton St . :
Framing materials p x R" pressure treated
'l >ori.ng
1 x 4" square-edge pressure treated
Railing
n. 2 x 4" treated handrail
- 14" square treated balusters , 4" o. c .
4 x 4" posts with ball top cap
Shirting
1 x V" treated fascia and base trim
1 x W treated vertical board , 4" o . c .
Stairs
I x !i " treated treads
1 x R" treated fascia
Rvil.i.ngs and shirting to be painted t _, match h un,, i,; i . : .
al, heiplit, C eChinp to Trade ,
Mi1ing height , 37
j� __-_
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BOARD OF ASSESSORS
CITY HALL PAGE:
pl, E3 19578
7
2
........ .
2 3
3
IED''ABU771 )i LIST
As
� -
4 •
4 5
05 SUBJECT PROPERTY: MAP: 25 LOT. 0227 SUFF.
6 PROPERTY ADDRESS: 13006 HAMILTON STREET 8
7 ASSMSEE) OWNER LAI M RML-TY-rRUST
9
FROTTINGIAM LYNN LATTA TR 100
IO MUFP PROPERYY ADD ASSESSED-OWNER UI-MG-ADD.-gr 2
13
4 0
1'1 25 0227 0006 HAMILTON STREET 8 LATTA REALTY TRUST 8 HAMILTON STREET 5
16
13 FR0T-T-1-N(-.iHAM--1-." TR SAI--EM-MA-94-97-0 17
. 5 0223 0028. CHESTNUT STREET LIPPMAN ANDREW B 26 CHEST14UT ST
14 1 1 �:* 3
is SALEM MA (31970
21 1F EE K Gff�- -RESA-W -3Hf--c34M) ST 20. iz
16 25 e2.-4 ee26 f, EST�101* STR, .f -A�-
EA 26 6 .5 21
7 SALEM MA 01517CJ 2 220 x
25 025 201 0024 CHESTNUT STREET ALEXANDER ELLEN 7' 12 LORRAINE TERRACE ✓ 23
HAfK4LEHE-AP 24
79 ................ .......... 5 25
-('.)N'e S T:,
, , % . ,, " , , , , , ,
I � e I A Q NAMIL 1 26
PAUL, �'B-'ARRY J,
20 $T
KELL Y 270
21 SALEM MA' 149�70
28
— A4 STREET— -4-HAMMKI- F9
22 . .. .. .
23 ALICE V SALEM MA 01970 30
24 .25 M2 2 9 201 0355 ESSEX STREET' 1-41NCI-IET Y BESSIE M 355 ESSEX S 30
25 —14 31
1 33
..........
265 0230 ' 0357,EgsEk, 37 FORRESTER 'S T
QUIN3'ET TRUST 340
0 'SZYBIAK E'T AL ' TRS SALEM PIA 0.1 70
27 35
R I ON-A- R 36
5 62=51 201' f)9579i=9§F�%'§T-RE'FT I R 3]
0 29 JESSIE A SALEM MA 01970 38
30 .25 0232 0361 ESSEX STREET ALEXANDER ROBERT P 361 ESSEX STREET 390
31 EL-1-7-AS 1'LEM--MA--&T97-0 40
S, 41
032 25 0415 0022 CHESTNUT STREET BARROWS CRAIG Ia4 1/2 CHESTNUT ST 42
33 COHEN NINA V SALEM PIA 01970 430
-3 44
34 ...5 042, r007 IEFT KfmA-6 -�E -. ieK P -AN4%1G(-. 4 RP— 45
35 KEACH MARGARET- A SWAIIIPSC(.-.)I-T PIA 01907 46
0 470
36 48
37
T9
38 .. .... 500
51
39 .......
2
5
40 55
41 54 0
Z,
0 55
42
56
...... 57 z
43
........ .. ......
44 e............ se
590
45
......... 60
46 61
0 47 :2 0
3
48 641
49 ........ .. ..
65
........... 660
50
67
51
68
52 69
0 53 700
7'
54 71
9;2
55 73
-ER ---'ZXRC)N
5 PET P1. 74
........ e 75
7 CHIEF ASSESSOR
U41 T� MASSACHUSETTS
ASSESSORS �S
gy a 419
23 4800 704
all
42
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