Loading...
6-6 1/2 HANCOCK STREET - ZBA 6-62' Hancock St. Zaher..Bdiwi v 4 �G! .m4 :y / (fitU of Salem, �ttsstctljusPtts�;-; � ' �Rnttrd of � peal DECISION _ON_THE PETITION OF ZAHER BDIWI FOR A VARIANCE AT (6-6_1/_2_HANCOCK STREET (R-1) A hearing on this petition was held May 19, 1993 with the following Board Members present: Francis X. Grealish Jr. , Chairman; George Ahmed, Edward Luzinski, Stephen Touchette and Stephen O'Grady. 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 Variance to allow a two family dwelling to be converted to a three family dwelling in this R-2 district. The Variance which has 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 petitioner. 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 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. There was no opposition to the proposed request. 2. The abutter, Mr. LaPointe, 8 Hancock St. , spoke in favor with one exception, that no exterior stairs are to be built. 3. The applicant states that the premises contain more than the required number of parking spaces for a three family dwelling. 4. The change will aot alter the existing footprint of the dwelling. -� . DECISION ON THE PETITION OF ZAHER BDIWI FOR VARIANCE AT 6-6 1/2 HANCOCK ST. , SALEM page two 6. The applicant states that due to the smaller size of the existing .units and the resulting lower rental values that literal enforcement of the ordinance prohibiting the addition of a third unit will result in substantial financial and practical hardship in the operation of the dwelling. 6. There will be no physical exterior change to the dwelling except two skylights. 7. The proposed change will allow petitioner a better and fuller use of the property. On the basis of the above findings of fact, and on the evidence presented at the hearing,ea ng, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 3-0, to grant the variance 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, but with more detailed plans to be submitted to the Building Inspector. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. No exterior stairs are to be built, the only exterior change is to be two (2) skylights. 5. Petitioner shall obtain a building permit from the City of Salem Building Inspector. 6. A Certificate of Occupancy be obtained. 7. The proposed third unit is to be self supporting with regards to utilities. VARIANCE GRANTED ?ay 19, 1993 Uj i DECISION ON THE PETITION OF ZAHER BDIWI FOR VARIANCE AT 6-6 1/2 HANCOCK ST. , SALEM page three - George�A. Ahmed, Secretary 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 \1 Ctv of ttlem, Httssttcf�usetts Pnttra of �p}rettl rkEi.umF.dx�. June 2, 1993 YOU ARE HEREBY NOTIFIED 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 ZAHER BDIWI FOR A VARIANCE TO ALLOW A TWO FAMILY DWELLING TO BE CONVERTED TO A THREE FAMILY DWELLING AT 6-6 1/2 HANCOCK STREET. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD 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 Variance/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 owners Certificate of title. Board of Appeal DATE 6c i:EARIIG /J o =?TICi'EL LOCATION 10TION: GRANT 1A SECOND TO DENY SECOND '70 RE-HEAR SECOND WAVE TO WITHDRAW SECOND "0 CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE GEORGE A. AHMED FRANCIS GREALISH / EDWARD LUZINSKI STEPHEN T^UCHETTE ASSOC .TE :!EMBERS -1]TVn !l11 ^ CONDITIONS: Y PLUNKETT & PLUNKETT, P.C. rs��f�t�z�a ct%t PEABODY BUILDING 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 BARRY W. PLUNKETT (508) 744-2444 CHRISTOPHER L. PLUNKETT Facsimile: LAURA L.DEOROCKI (508) 744-7961 (Member MA&NH Bar) JAMES M.COTE of Counsel DANIEL J.CASEY April 22, 1993 Robert J.Plunkett )Member MA&ME Bar) BY HAND (1906-1987) Richard H. Bencal, Chairman City of Salem Board of Appeal One Salem Green, 2nd Floor Salem, Massachusetts 01970 RE: Application for Variance 6-6 1/2 Hancock Street, Salem, MA Owner: Zaher M. Bdiwi, Trustee of 6 - 6 1/2 Hancock Street Realty Trust Dear Mr. Bencal : Attached kindly find application for variance as above referenced together with the following fees : $125 . 00 - City of Salem Board of Appeal $ 2 . 00 - City of Salem $ 10 . 00 - Registry of Deeds $ 78 . 90 - Salem Evening News Attached to the application you will find copies of the Board of Appeals prior decision on this matter granting leave to withdraw without prejudice together with copies of a plot plan and proposed floor plan depicting the two bedroom unit which is the subject of the requested relief . In support of its application for variance, the owner states that, owing to special conditions and circumstances especially affecting the subject building and not generally affecting other buildings in the same zoning district, namely, the smaller size of the existing units and their resulting lower rental value, literal enforcement of the Salem Zoning Ordinance prohibiting the addition of a third unit to the existing two family dwelling will result in substantial financial and practical hardship in the operation and viability of the dwelling. The owner further states that the desired relief may be granted without substantial detriment to the public good and without substantially derogating from -,Richard H. Bencal, Chairman City of Salem - Board of Appeal April 22, 1993 Page 2 the intent of the zoning district or the purposes of the Zoning Ordinance, as the proposed three family use will be consistent and harmonious with the predominate uses in the vicinity of the premises and as the premises contain more than the required number of parking spaces for a three family dwelling. Kindly file the enclosed application in the ordinary course and please place the matter on your May agenda. Thank you for your assistance. Very truly yours, PLUNKETT & PLrUNKETT, P.C. By: / \\ Daniel J. Case Attorney for Applicant Zaher M. Bdiwi, Trustee 6-6 1/2 Hancock Street Realty Trust CITY OF SALEM r BOARD OF APPEAL CITY OF SALEM y 1.-745-9595 Ext 381 Y BOARD OF APPEAL tltr W ill hold a public hearing for all persons inter- +745-9595 Ext. 381 braille by ZAHER BDIW I Will hold a public hearing for all persons inter- ested in the petition so { for a V ariance to allow two family dwelling do be for a in the petition submitted it ZAHER g to b converted to a three family at 6-6 112 COC for a Variance to allow two family dwelling to be ST.(R-2) Said threehearig Lo be held WEDNESDAY, I converted to a three family at 6-6 1/2 HANCOCK MAY 19,1993 AT 7:00 P.M.,ONE SALEM GREEN, �` ST.(R-2) Said hearing to be held WEDNESDAY, ` 2nd floor. MAY 19,1993 AT 7:00 P.M.,ONE SALEM GREEN, RICHARD A. BENCAL, Chair �i 2nd floor. May 5, 12, 19RI RICHARD A. BENCAL, Chairman May 5, 12, 1993 _ SN14815 y ' CITY OF SALEM r BOARD OF APPEAL x.745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by ZAHER BDIW I for a Variance to allow two family dwelling to be converted to a three family at 6-6 1!2 HANCOCK ST.(R-2)Said he to be held WEDNESDAY, MAY 19,1993 AT 7:00 P.M.,ONE SALEM GREEN, 2nd floor. RICHARD A. BENCAL, Chairman May 5, 12, 1993 SN14815 CITY OF SALEM CITY BOARD OF APPEAL _ OF SALEM - ,745-9595 Ext. 381 BOARD OP APPEAL Will hold a public hearing for all persons inter- c745.9595 Ext. 381 ested in the petition submitted by ZAHER BDI WI es ed in the a pubitilic hearing for all persons inter- ' for a Variance to allow two family dwelling to be for a Varianee to allow miitted by ZAHER BDIWI converted to a three family mile at held 1l2 HANCOC , ST.(converted aid hearmfamily at 6-61e/2 HANCto b OCR ST.(R-2)Said hearingto be held WEDNESDAY, ST. g to be held MAY 19,1993 AT 7:00 P.M.,ONE SALEM GREEN, MAY 19,1993 AT 7:00 P.M.,ONE SALEM ESDGREAI � 2nd floor. 2nd floor. RICHARD A. BENCAL, Chairman May 5, 12, 1993 SN14815 May 5, 12 19 RICHARD A. BENCAL, Chairman SN14815 APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . �A•L Elf �$ZILM, C ttssttt u~ap#fs Pnftri3 of ettl TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. 6-6. 1J2. Harscock .Stxeet. . . . . . . . . . . . . . . . . . . . . . . . . .Street; 7onina District. . . . . . . . . R-2. . . . . . . . . . . . . . . . . . . . . . . . . . : 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. sa- L7 rnQ N zT �N a m � m v d un uD N ,V.b 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: See Exhibit "A" attached hereto r.y u�n M r M Zaher M. Bdiwi, TrVsteeLVf 6-6 1/2 Hancock Street Realty Trust Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c/qo pplunkett & Plunkett, P. . Address120as .Whin&ton Street, Salem. MA Telephone45M 744-2444 Petitioner,Daniel J. Casey, Esq. Plunkett & Plunkett, P.C. ' . . . . Address.120 Washington Street; Salem: MA . . . . . . . Date. . . . .AQri1.22r. 1993„ . . . .. (508) 744-2444 Telephone( . . . . . . . . . . . . . . . . . By. . . . . 11 '^^ ^.�. . . . . . . . . . . . . . . . . . . . . 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. � � � � � � NxL--_______`_, PETIlION DRBOARD 0FAPPEALS LOCATION ...................................... ......................... PFTy]|O0[R-------- ...... ... ..... � ADDREss_____ __� -------' .......... ----- .................... CONDI/K)N9 � �`........`............ ..... ....`^' ............ .......... ------- ........ ....... � —.,'-_`______ .................... `~-`—`---`--------`—`-- _.-------------`-----' ... ~..........`�������......`................ .PETKl ION APtR0VE0 --^---^- �� REN7EU---_____� �� u --`--------------` /9......... ' " . ^ � � / / EXHIBIT "A" Applicant requests a variance from the Salem Zoning Ordinance to permit the addition of a third dwelling unit to an existing two family dwelling situated in an R-2 District. Applicant states that the premises contain more than the required number of parking spaces for a three family dwelling and submits a plot plan and proposed floor plan herewith. Applicant states that owing to special conditions and circumstances especially affecting the subject building and not generally affecting other buildings in the same zoning district, namely, the smaller size of the existing units and their resulting lower rental value, literal enforcement of the zoning ordinance prohibiting the addition of a third unit to the existing two family dwelling will result in substantial financial and practical hardship in the operation and viability of the dwelling. Applicant further states that the desired relief may be granted without substantial detriment to the public good and without substantially derogating from the intent of the zoning district or the purposes of the Salem Zoning Ordinance as the proposed three family use will be consistent and harmonious with the predominant uses existing in the vicinity of the subject property. M C> N �`cn LO Kn .ttm � g,aV .NORTGAGE SURVEY PLAN IN SALEM, MASS_ &cM LAAO SUAf/EYOHS .:85 CHAMAA1 ST.. i-TAN #Ass. /oS er .aoc,e%eA- s g G a. A14~ Sp� oin ie "OF MUM Ce.. Eer RALPHWILUAM : G G (a 3 o REID ~�SURVE'��� ` aZ h I certify that the dwelling is located as shown and con- .*01CM ena/Cos formed to the zoning laws of the 0, a, of aSWrm, .Z�/L when constructed. ,ra..l d a,.., s6 i fo %e SN (o ° C� � N,9/VCOCK ST. r;'r. /�Br. C�rrFY 70 W BEST ar My A?ot7KLEDSE NOTE.* THIS PLAN WAS PREPAREV FROM A Ar VC AWaSFS StVw av nrls Fav ARE nnr TAPE SUR AND IS INTENDED FOR LOCA MD MITNIN A rZa20 HAZARD AREA AS XZZWATID MORTGAGE PURPOSES ONL Y. OFFSETS _WoWt.' av W MAP aF =WUVrrr AF50104-0 HARED BY W ON OR SCALED FROM THIS PLAN, ARE MOMS t�vcy k5/aZ pAr Arr A9 W S APPROXIMATE ONL Y AND SHOULD NOT BE SUCG�SS4QS ad TED 1/S/B� PANEZ J' . ZaA� C . ' r Fwr w cEArrFy Acer nrrS rAScrerrav ga PEA- USED TO DETERMINE A90PERTY LINES. Fa9N`D rN ACCaV'.:.VCe #/17N A£ 'TEO&rCAL STAAV_ Aluts Fag*m76AaF ca" rn� is crra 'As Aowrm Br SCALE S'� 20 DATE i✓•�e �.Aie� 23, /99'e n,E ArASS4ChLCSE'-s AssacrArraV a-[AMD SZRWYaW AW ClYIL DV&In_=W.Pas BOOK//S2oPA F /92 CERT. FSVCES' a9�aUVE rS AS nEr X AVT YS�u�MGE CONTROL PF p �rrcr,�s :raa�zr. <. �_� T T, •6, � AatN I II t eC ! rr � t CIO, f I'/OV cNns,pgti i 410AOP& .U7 U 49739 ©. ® Q Nck ,fir. Sgas..- w I ' I I 2 Y' Chi of '5ttlem �t tt s sstttltusetl.. Bnttrd o2 -Aupeal DECISION ON THE PETITION OF PAULA & ZAHER BDIWI FOR VARIANCE AT 6-6 1/2 HANCOCK ST. (R-2) A hearing on this petition was held January 27, 1993 with the following Board Members present: Richard Bencal, Chairman; Francis Grealish, Jr. , Edward Luzinski, Stephen Touchette and Associate Member Ronald Plante. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Board of Appeal,after hearing evidence presented at the hearing and at the request of the petitioner, voted unanimously, 5-0 to grant leave to withdraw this petition for Variances to allow property to be converted to a three family in this Two Family district. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE January 27, 1993 Ronald G. Plante, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. PLUNKETT & PLUNKETT, P.C. '9/� a PEABODY BUILDING 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 BARRY W. PLUNKETT (508)744-2444 CHRISTOPHER L. PLUNKETT Facsimile: LAURA L. DEOROCKI (508)744-7961 (Member MA&NH Bar) JAMES M.COTE of Counsel DANIEL J.CASEY April 22, 1993 Robert J.Plunkett (Member MA&ME Ban BY HAND (1906-1987) Richard H. Bencal, Chairman City of Salem Board of Appeal One Salem Green, 2nd Floor Salem, Massachusetts 01970 RE: Application for Variance 6-6 1/2 Hancock Street, Salem, MA Owner: Zaher M. Bdiwi, Trustee of 6 - 6 1/2 Hancock Street Realty Trust Dear Mr. Bencal: Attached kindly find application for variance as above referenced together with the following fees: $125 . 00 - City of Salem Board of Appeal $ 2 . 00 - City of Salem $ 10 .00 - Registry of Deeds $ 78 . 90 - Salem Evening News Attached to the application you will find copies of the Board of Appeals prior decision on this matter granting leave to withdraw without prejudice together with copies of a plot plan and proposed floor plan depicting the two bedroom unit which is the subject of the requested relief. In support of its application for variance, the owner states that, owing to special conditions and circumstances especially affecting the subject building and not generally affecting other buildings in the same zoning district, namely, the smaller size of the existing units and their resulting lower rental value, literal enforcement of the Salem Zoning Ordinance prohibiting the addition of a third unit to the existing two family dwelling will result in substantial financial and practical hardship in the operation and viability of the dwelling. The owner further states that the desired relief may be granted without substantial detriment to the public good and without substantially derogating from Richard H. Bencal, Chairman City of Salem - Board of Appeal April 22, 1993 Page 2 the intent of the zoning district or the purposes of the Zoning Ordinance, as the proposed three family use will be consistent and harmonious with the predominate uses in the vicinity of the premises and as the premises contain more than the required number of parking P arkin spaces for a three family dwelling. Kindly file the enclosed application in the ordinary course and please place the matter on your May agenda. Thank you for your assistance. Very truly yours, PLUNKETT & PLUNKETT, P.C. By: Daniel J. Case Attorney for Applicant Zaher M. Bdiwi, Trustee 6-6 1/2 Hancock Street Realty Trust APPEAL CASE NO. . e (1�t#n �f �ttlEm, C'�fT3�FILI�I2SE�5 �Ruttrb rrf �pprzd TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. 6-6. 1✓2. 1ian.cock .Stree.t. . . . . . . . . . . . . . . . . . . . . . . . . . .Street; R- y 2• • • • • • • • , . • • :• • • • • • • . . . . . . ; and said parcel is affected b Sectionnsng District . . . . . . 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 m� �r s o,rm ,c w 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: See Exhibit "A" attached hereto C� i' X� 4✓ nr r� C�'A ..s to cn , ui W Zaher M. Bdiwi, Trustee of 6-6 1/2 Hancock Street Realty Trust Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c/o Pplunkett & Plunkett, P.C. Address120. . .Washin&ton Street, Salem, MA . . . . . . . . . . . . . . . . . . . . . . . Telephone M5 l 744-2444 aniel J. Casey, Esq. PetitiOnPluDnkett & Pj.unkett, P.CI' ' * ' ' . ' . " ' Address . 120 Washington Street, Salem, MA Date. . , . ,April.221. 1993. . Telephon (508) 744-2444 . . . . . . . ./. . . . By. . . . . ll.^^ .a� . ./\. . . . . . . . . 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 .... ....... ... ... ..- --...... PETIIION 70 BOARD 01: APPEALS LOCATION .................................. ... ............... PFIIIIONFR ADDRFSS........... .......... .... .....-.... ....-......... CONDI I ION-; .......................... .......-.............. ..............I....._. .......... ......... ...................................... .......... ......... ................................. ...-......................... .......................................,....... ................ ..................................... ....................... PETITION APPROVED DENIED. .............................................. 19......... EXHIBIT "A" Applicant requests a variance from the Salem Zoning Ordinance to permit the addition of a third dwelling unit to an existing two family dwelling situated in an R-2 District. Applicant states that the premises contain more than the required number of parking spaces for a three family dwelling and submits a plot plan and proposed floor plan herewith. Applicant states that owing to special. conditions and circumstances especially affecting the subject building and not generally affecting other buildings in the same zoning district, namely, the smaller size of the existing units and their resulting lower rental value, literal enforcement of the zoning ordinance prohibiting the addition of a third unit to the existing two family dwelling will result in substantial financial and practical hardship in the operation and viability of the dwelling. Applicant further states that the desired relief may be granted without substantial detriment to the public good and without substantially derogating from the intent of the zoning district or the purposes of the Salem Zoning Ordinance as the proposed three family use will be consistent and harmonious with the predominant uses existing in the vicinity of the subject property. � a �� N � N 7!n � _y VJ {yt MORTGAGE SURREY PLAN IN - SALEM, MASS_ REIO LANG SL YEYWS v E :65 CM77M 1ST., L rM MASS. A3royer .8ocoeAr. - "�F8 'rIF n If Cgr �s lrgs� t7Y�r O F .�a�ooin�e Co..a. .8/A; /yp in t vt OF Rene a regi RALKI 2 _ RED o Mo.zW294 r V 2Z 9`cO/STEP�� SURVE'���� \ aZ h certify that the dwelling is located as shown and con- Pa/G1;,�„gko3 formed to the zoning laws of the 0, e, of aSd/!x, 2 //L SEory when constructed. Rw� S" N G ` Co Xi9Al 0 C H %5 r 'S. Afy'E' Y. LZRrrFY W nF BEST Or NY 1 WkUVW NOTE.' THIS PLAN WAS PREPARED FRZW A nuT VE P!S?uSES _VVV# av THrs PLAN AlL�NOT TAPE SURVEY AND IS INTENDED FOR LOG4TID NITHIN A rZa(!0 HAZ4RO AgFA AS a2S4dEAW MORTGAGE PURPOSES ONLY. OFFSETS SHOWA' av n�Nap ar Ca•�wuvm .�5oto2-B AWPARM Br vc ON OR SCALED FROM THIS PLAN, ARE mac ES,0A7ECr ,raNas�vT asEncr aq zT s APPROXIMATE OK Y AND SHOULD NOT BE suc�ssaLs aaTm vsia� PANEL s . Zai c r FIRD9N C ?rIFY mr nus 17s ErMOV NAS A!N- USED TO DETERMINE PROPERTY LINES. s AAV- FZ19 AWTcc ..LQ°^'� a �m Br SCALE S�- Zo*DATFW*ve. ,4,r« s43 Ime PE K4SSaLrif6E' AssOCTATIav a-L.Hp yYgyE)Zw AAV GTVIL E�w�tr.-.:..�zs. BOW"S'ZoPAGE /92 CER7.0 a9�E YS ASVEY X AV� YSNa�NGLrEf CONTROL if )o AW997TY LSnEs --_%m a r. ' T I jI I K 1 1- I r I W7 q 973 - I I ® O ' _ Naves ck ,fir, Spin I i r i i Zy/ -.\ (1?iitu of --5ttlem, 4Rtt95rzrhu5efta Botts of Atrpenl LJ DECISION ON THE PETITION OF PAULA & ZAHER BDIWI FOR VARIANCE AT 6-6 1/2 HANCOCK ST. (R-2) A hearing on this petition was held January 27, 1993 with the following Board Members present: Richard Bencal, Chairman; Francis Grealish, Jr. , Edward Luzinski, Stephen Touchette and Associate Member Ronald Plante. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Board of Appeal,after hearing evidence presented at the hearing and at the request of the petitioner, voted unanimously, 5-0 to grant leave to withdraw this petition for Variances to allow property to be converted to a three family in this Two Family district. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE January 27, 1993 Ronald G. Plante, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. PLUNKETT & PLUNKETT, P.C. PEABODY BUILDING 120 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 BARRY W. PLUNKETT (508)744-2444 CHRISTOPHER L.PLUNKETT Facsimile: LAURA L. DEOROCKI (508) 744-7961 (Mcmber MA&NH Bart JAMES M.COTE of Counsel DANIEL J.CASEY April 22, 1993 Robert J.Plunkett (Member MA&ME Bar) BY HAND (1906-1987) Richard H. Bencal, Chairman City of Salem Board of Appeal One Salem Green, 2nd Floor Salem, Massachusetts 01970 RE: Application for Variance 6-6 1/2 Hancock Street, Salem, MA Owner: Zaher M. Bdiwi, Trustee of 6 - 6 1/2 Hancock Street Realty Trust Dear Mr. Bencal: Attached kindly find application for variance as above referenced together with the following fees: $125 . 00 - City of Salem Board of Appeal $ 2 . 00 - City of Salem $ 10 . 00 - Registry of Deeds $ 78 . 90 - Salem Evening News Attached to the application you will find copies of the Board of Appeals prior decision on this matter granting leave to withdraw without prejudice together with copies of a plot plan and proposed floor plan depicting the two bedroom unit which- is the subject of the requested relief. In support of its application for variance, the owner states that, owing to special conditions and circumstances especially affecting the subject building and not generally affecting other buildings in the same zoning district, namely, the smaller size of the existing units and their resulting lower rental value, literal enforcement of the Salem Zoning Ordinance prohibiting the addition of a third unit to the existing two family dwelling will result in substantial financial and practical hardship in the operation and viability of the dwelling. The owner further states that the desired relief may be granted without substantial detriment to the public good and without substantially derogating from Richard H. Bencal, Chairman aCity of Salem - Board of Appeal April 22, 1993 Page 2 the intent of the zoning district or the purposes of the Zoning Ordinance, as the proposed three family use will be consistent and harmonious with the predominate uses in the vicinity of the premises and as the premises contain more than the required number of parking spaces for a three family dwelling. Kindly file the enclosed application in the ordinary course and please place the matter on your May agenda. Thank you for your assistance. Very truly yours, PLUNKETT & PLUNKETT, P.C. By: D Daniel J. Case Attorney for Applicant Zaher M. Bdiwi, Trustee 6-6 1/2 Hancock Street Realty Trust APPEAL CASE NO. . . . . . . . . . . . . . . . . ° 0113 Elf �,$ttllrm, C�ttssur4usp s '<a Pnttrb of Appral TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land locates at NO. 6-b. 1J2. Rancock .streRet . . . . . . . . . . . . . . . . Street; 70nino District. . . . . . . . . . R-2. . . . . . . . . . . . . . ° • • • • • . . . . . . .. and said parcel. . . . . is affected by n Sectios 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. � a ro N m �T x N �y r F n 3 rn N W 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: See Exhibit "A" ,attached hereto n ri 7 n n _ (T1 s ti 3.m 7.aher M. Bdiwi, Trtus-tee of 6-F1/2 Hancock Street Re,9ty Trust -n Owner. . . . . . . . c/? Rlunkett & Plunkett, P. Address•2: Washington Street, Salem: MA . . . . . . . . . . . . . . . . . . . TelephoneS5M .7 -2444 Petitioner,DanielJ. Casey, Esq. Plunkett Address. 120 Washington Street: Salem, MA Date. . . . .AQri1 227 1993 Telephone(508) 744-2444 By. . . . . lru^^.�^. . .�. . . . . . . . . . . . . . . . . . . . . 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 TO BOARD OF APPEALS LOCATION .......................................... .................. PIAMONER........... ADD RESS........... ... .. .. ... ................................................ CONDI I IONS ........................... ... ................I...... ........................ . -. .......-......-- ......... ......................................... ..............I....... ..................................... ...-1.................... .......................................... ...................... ................................._..........................'-- PETITION ...........................TETH ICIN APPROVED DENIED ............................ ............ 19....... EXHIBIT "A" Applicant requests a variance from the Salem Zoning Ordinance to permit the addition of a third dwelling unit to an existing two family dwelling situated in an R-2 District. Applicant states that the premises contain more than the required number of parking spaces for a three family dwelling and submits a plot plan and proposed floor plan herewith. Applicant states that owing to special conditions and circumstances especially affecting the subject building and not generally affecting other buildings in the same zoning district, namely, the smaller size of the existing units and their resulting lower rental value, literal enforcement of the zoning ordinance prohibiting the addition of a third unit to the existing two family dwelling will result in substantial financial and practical hardship in the operation and viability of the dwelling. Applicant further states that the desired relief may be granted without substantial detriment to the public good and without substantially derogating from the intent of the zoning district or the purposes of the Salem Zoning Ordinance as the proposed three family use will be consistent and harmonious with the predominant uses existing in the vicinity of the subject property. N� 'nt N9 69 N9 Q♦g AIORTGA GE SURVEY PLAN IN - SALEM, MASS_ REIO LAAV SUWy ags E .:65 cM M" ST., L YM AfASS. oe%er • N�F + S8 AIA G•�s9C .ea'oo;Ale �u�� a P /A; /�esea�e�i rryL`H✓~OFM ''ls,��t, Ce.► cher RALPH wu ID a2w y F No.204n � 9FC�SfEP�� SURV���• I certify that the dwelling is located as shown and con- oleMc.�mAtos formed to the zoning laws of the 0, e, of .Shc�,y 2'/L Sfory when constructed. .Wood R AZA-1 w s6 i G %e SM ZI P, ee_e (o ` Co -�,Vd Ni9NC0CK 6 r 779 r VE� SW a70 V F�� TAPE SURVEY AND IS INTENDED FPARM ag aW A LOCATED MI7NIN A rZOM HAZARD AAJU AS D1tZINEA7ED MORTGAGE PURPOSES ONL Y. OFFSETS SHOWN' av �KAP aF cakwuvm f2AT A61 B Y agjr-BY 7tQ` ON OR SCALED FROM THIS PLAN, ARE S Ex�NNcr 15184E�NT Air aq jrs APPROXIMATE OM Y AND SHOULD NOT BE =4YSSLYls Lk7ED 3/5/B$ PANEL S IaUE C . ' I c wnen LsNryF, rm r THIS rA&cLL �rrav nags PEn- USED TO DETERMINE PROPERTY LINES. 4076`D IN AC WE_VCE NI7H TAF -7MWr yrAAV_ ARas fag h09rsao.F TWLamy rA5PECrrzw-AS AOao7M BY SCALE t'_ o DA ,✓.,.e...6 e� P 3, i 99P NASSAGYA•.CSE�"> ASSOCIArraV 4F LAno �prEya� Ano CIVIL ENSIr. �zs. B00K/1s2o PAGE /9Z CERT.Of VCS AZNZFS aV�E'`�As ASSW��AG zwG7F CONTROL f A A%29 9?- /S/o `UY LINER :rwAra r. <. T. J'.6. ' I �aTN I i t K - i I F - I I _ 1 cio, 1 ••a� koTww, I � t i caps.o,�ti �� uFNa 00 Sr, SqZAA%, w I i I { Zy/ I { i Chi of -'`"afem, fttssachusette BattrD of Au}teal C") , LJ DECISION ON THE PETITION OF PAULA & ZAHER BDIWI FOR VARIANCE AT 6-6 1/2 HANCOCK ST. (R-2) A hearing on this petition was held January 27, 1993 with the following Board Members present: Richard Bencal, Chairman; Francis Grealish, Jr. , Edward Luzinski, Stephen Touchette and Associate Member Ronald Plante. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Board of Appeal,after hearing evidence presented at the hearing and at the request of the petitioner, voted unanimously, 3-0 to grant leave to withdraw this petition for Variances to allow property to be converted to a three family in this Two Family district. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE January 27, 1993 Ronald G. Plante, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. WORTGAGE SURVEY PLAN IN - - SALEN, MASS. REW LAND SURYErMs v E 55 C/>G HAM Sr., L YM MASS. N/F r/f 3 roger .8 o�elie�- .['a/ooin�e /9'eses�e�i � V"k ov�.ty` Ce.. err RALPHWILLIAM REID No.2MM © N SURVE4 cn M O'M ; T Jr M - h N certify that the dwelling is located as shown and con- P,/er.,a.,sKos formed to the zoning laws of the c, e„ of ShcrM, 2 //t s6c.:l when constructed. •��..� �,��.� sG i fo %, ss X/gAlC 0 C H S T. '! t674VY. CairrFY m PE BESr ar Ny xwkz aF NOTE., THIS PLAN WAS PREPARED FROM A rye r PE ATZKrSES SWkW av Pies PLAN AAF Nor TAPE SURVEY AND IS INTENDED FOR LOCATED NrNrN A -Z 00 NAZARO AREA AS L7fLJWXW MORTGAGE PURPOSES ONLY. OFFSETS SHON,' av Tiff KAP of =W4#VrrY /250to2-B PREPARE BY PE PAN TM 3/5/B LON OA SCALED FROM THIS PLAN, ARE S�T.. CFS s4Ecr IfANA47 Ayt�r .ACY ZOa9 rr S APPROXIMATE ONL Y AND SHOULD NOT BE !/CL'S4s L1 ra EL s YE C . ' r R RrAe? cmrr" Dye r PLrs reecffcrrav #As Par USED TO DETERMINE PROPERTY LINES. ra*W IN ACCaW.:.VCE Nr7H PE 'rMWrCAL STAND- Arras PW *WrsAInF 4a4m rnsPEcrraW' As Amorm Br SCALE Pw 4o'OArE i✓.re....6r� e 3, /99e PE ryaS.4ALKLC4E- AssacrATraV aF LAAV SWYEYCAS AAV LrYIt ENst/:-.: yrs. _ BOOK//S2o PACk� r 92 CERT.� FBvacY a9 LWYE YS WS =777F7C. 7X AS AShVr PEY YS Z=4LW SWAM 7F CONTROL if P 92- /Sio t, PRtI°L94rY LIAES '=U na Y. T. J',8. 13Roa0.�. #t i i ti i I � ✓ I a p T AMOMW CH1o.*npgti 00046 OW i �i9739 ® Q NavCo CA ,fir, spat... w t I I " N V1 L^6a.+ � /K/goon,. r � = I Zyo hLLei ' ^ ~,/ ��^ �T � ���� �� - Bourb of Ap�=� ` . . , ~ c, - ~ DECISION ON THE PETITION OF PAULA 6 CA8D8 DDIWI FOR VARIANCE AT 8-6 1/2 H&000CK 3T. (D-2) & hearing on this petition was held January 27, 1993 with the following Board Members present: Richard Beoxul, Chairman; Francis Gceulisb' Jr. ` Edward Luuioobi` Stephen Toocbette and Associate Member Ronald Plante. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Board of Appeul^ufter hearing evidence presented at the hearing and at the request of the petitioner, voted unanimously, 5-0 to grant leave to withdraw this petition for Variances to allow pcnperty to be � converted to o three family in this Two Family district. � GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE January 27, 1993 / Ronald G. Plante, Associate Member Board of Appeal A COPY OF THIS DECISION HAS D380 FILED WITH THE 9lA00I0G BOARD AND THE CITY CLERK. � BOARD OF ASSESSORS CITY HALL P A 5E. SALEM,.I.,MAI' ............ 2 2� 3 S .......... .......... 3 .I...I . ..... ............. ... ..I I ..I.1 4 4 5 5 SUBJECT PROPERTY: MAP: 33 LOT: 0209 SUFF.- 610 7 6 PROPERTY ADDRESS: 0006 HANCOCK STREET 7 . .. . . . . ASSESSED OWNER SCHOLMICK'%,SAMUEL: & 'SCHOLNICK DORA 9 STAUB SYLVIA & SCHOLNICK MARSHALL �01 1 2 To—MXP-C-0T­SVFF— PROPERTY A —fiSSESSED--UWffER mxlc-l'NG-x 13 4 �2 33 0207 0040 HANCOCK STREET OUELLETTE FRANK 6 25 DONOVANS WAY r 5 3 D N*E-M M-1-00L-F�T-ON-KA---019" 161 4 33 0208 0006 HANCOCK STREET LAPOINTE ROGER R 4 NEAL RD 17 LAPOINTE LORRAINE J DANVERS MA 01923 1803 15 19 20 ST:E V 'k Bf- 21 3 �-2-f e 6664 AAmeaek 'STREET POL EM 16 1 P (':� Sf*X-59 7 THEOHARI SALEM MA 01970 220 JJ 0211 0208 LAFAYETTE STREET SPARTA REALTY TRUST P 0 BOX 591 23 T p 24 79- Kes-ef3NS SAI El etq7e. TTE�� TR -,ET.��e%"'%.� -,-OF%MAINt'��RESEAR" 20 33, 02,T21 NFAYETTE.. STREET, .:,:GULF �CENT R 26 MVI'Ll dAN_ �-F-TR ...... SAL E 27 M MA- 01 0" ' 9 21 28 -33: Be I I I'm : 22 56, - — - T 29 z 3�-T; 23 SALEM MA 01970 3c 24 33 0217 0003 GARDNER STREET BOUCHER RICHARD A 3 GARDNER ST 31 -R JAN M 32 Y5 (�- 1 1 eE, ALE-M MA 1949 If — I 1 33 26 '33 0218 �0005.--GARONEW�STREE' �WORTH. JOHN 14 .11 RUST ST ........... IM 34 27 359 LYNN' MA 0-1902 aE3 eeig STREET 1/2 'B 1-*S*-ROSE4�� 7-14-27-G AR-D N F7R-S-T-- 36 SALEM MA 01970 37 DONNA J 380 3: 33 0262 0005 HANCOCK STREET SABINA JAMES M 5 HANCOCK ST 39 31 P T E R�G E-�E T 1 C-1-A D 401 S LEPI--MA-G-1-9 41 32 33 0263 0007 HANCOCK STREET GREENE KEVIN P 15637 HIDDEN VALLEY DR 42 33 GREENE ANN MARIE POWAY CA 92064 439 44 34 45 35 46 36 47 48 37 49 ......... ....... 3 . .......... ..........I........I........... 5c ............. .... 39. 51 5 40 53 0 41 540 M 55 42 A 56 43 z 57 ... ........ I. ............ 44 5 59 ............ I ...... 'I��%%�,1 60 45 46 61 47 :2 40 3 48 64 49 65 66 50 ....... 67 51 52 69 53 70 71 54 72 55 73 7J4 56� CHIEF ASSESSOR 75 .. . .......... 7 3 91 cir� T 9 IRT ' 50 rs• 215 N a Is j3 e0 SO 37 43 �16l 180 Z• IT-19 y0 50 N 2,9// ST GARDNER 23 29 2T 5 214 �w 23 5T Ilf-J �^► 22 2, 76f,500E - : jLz 4O yO 1 I ea I „ 22j5�i 4425 7,AaC 7107; 7,365 60 6,379 7;850, 8250 552-N - 11 .N .� 57 L� ; 227 13 - 500 ol 509 6,035 N 12,028 222 221 12 8 217 Z e e 201 19 O 198 196 228 224 223 °� ' . - . . -1,375 D m 4,650 212 - 4,9 /2,600 32349 195 a o a 03 204 r67, 207 208 209, 5` ? 191 192 2,2ao a 2,997 205 210 ✓ a e ^ m E,666 6,660 16,660 211 w w LU 188 185 190 194, a 5� I 1 I 2,700 to-g 5500 W 5746 5,085 2,280 u N 4,480 6,720 so O x H - p O� = to 5pi�e 0� so 2° 0 9 ST. s T_T. s Q 142- 5° 13 It IIp N 30 xg 28 2 _z - IT IS ;4 6 X7.5 m 0 w 3x H A N C O 2s zl 5b'" 6 261 '�1 w z9 zT 45 40 ° N = 3s-3T 3r-33 n3 - 4T 49 43-45 38-41 40 40 p 43 iD1245 A N p pp 2 p ss-ST m-ss o0 2 X05 U A O 9 0 7,881 C m h (.a GD �m 3300 N 2900 m 263 g775 m. O 3,O0o s 246 v 4.100 q,586 4,52 . 238 E 1870 6,120 ro , �. OD o m 3,72 1 951 243 I r 3 - 260 _ O 10 u � Y - f6o0 'o D z 3,60 0 1T6 0 247 b Z q N r ti 3 570 ' 3,400 1419 m ?rT 4,200 4 0 g441 39 f+1 182 P� $ n 238 ❑' a ED 26,p - r o a - F,OBB 175 v > 'w . 2400 4.800 i 2: - - 259 4800 D.. _ 4Z p0 w 500 11984 m z 156 249 237 y - - J $ 16 4• 8800 174 o c u o � 4.F✓v. m .026? X m o Q m 4c:2s 154,800 0 5 s 18 4 00 a 50 12 56 7,200. s 258 ------ z,6p z 154 4� ►73 m 2 �s� , S i00 . w 163 aso0 $ 'N .,. �• ',;,000 6 \ -------- N 57 � N O1T -2 al °' E,i75 164 153 4,800 0 . m 186 4200 m w 230 "� ;25 3 254 3630 65 a ,669 0 171 N 4• GpL _ 55 _ 152 4800 ❑ q,r00 g.. 31 2963 ` ° s 167 .168 ° _ � C+ 148 150 151 ma a' 169 17 w L- 4- q0 4o STREETn gO I m ►65 147 a�' s5 ,,6, 6 3 60 e0 m o 0 4 u+ 40 08 w ? so N N O w ` c0 -1 b0 3b5G 4o n. 6O 3 W 5,498 � 3 zl 19 .g'.,_ ST N � � 28 x .. -6 .r�6,O 3�. 7y2� 5 40 6 zs. . ax p 5I N N 51tC 8,;20 ►9 Nq4 N � , q a� ? &000 g828 I - m 4118 66 TR a nn 4O a-aT 3 5o x160 . 4, - o0 11D o 0.540 -:s. s + X 0,86'' a 279 x X - 2T6 y /So