30 HANCOCK STREET - ZBA 30 kA a r)c o c k S'rcee\-
---- ---
THOMAS E. BEATRICE, ESQ.
ATTORNEYAND COUNSELOR AT LAW
27 CONGRESS STREET
SUITE 205-2
SALEM,MASSACHUSETTS 01970
thomasebeatzice@aol.com
TELEPHONE 978-745-3500 FAcsimrms 978-745-3501
July 30, 2015
Ryhand
City of Salem
Zoning Board of Appeals o
120 Washington Street rn c
Salem,MA. 01970 ca
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RE: Sergio DeSouza
Variance Application
30 Hancock Street 3
Salem, MA. 01970 ?" w
Cr
Dear Sir/Madam,
Please consider this correspondence verification of my clienes withdrawal of his
application for a variance above referenced.
Thank you.
Very truly yours,
Thomas E. Beatrice, Esq.
cc: Client
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CITY OF SALEM,MASSACHUS=S
5r ,` BOARD OF APPEALS 2015 JUL 28 P 2: 51
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a. ,)'°•- 120 WASHINGTON STREET,3RD FLOOR
SALEM,MASSACHUSETTS 01970
,�a1M 9Qe�Yr I u)Yi-C-L€r h .,L°h 11P
fNE �Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641 / Fax:978-740-9846 • ..,.,,,la.il
KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner "
MAYOR Phone:978-619-5685/ Fax:978-740-0404 L✓L ;7 L
TO THE BOARD OF APPEALS: DLPT.OF PLANNING&MMM u
1Y DEVELOPMENT
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address:-30 rS'{C2'{'�'. Zoning District: �R'a
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10'x/0'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my
rear yard is 32 feet,;the proposed addition would reduce the depth of the rear yard to 22 feet.)
/ �cn5 a» t�t�ei rl 1 he 2-x qtr.. Al -IQ-, (5'
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T
e/ CA 7)IYy
For this reason 1 am requesting:
(q Variance(s)from provisions of Section.VA of the Zoning Ordinance, specifically fromGt�1No
� �� (i.e. minimum depth of rear yard).
What is a lowed is — "—T-_ (J7?sq fi?stories? %?), and what 1
am proposing is (fl?sq ft? stories?%?).
( )A Special Permit under Section of the Zoning Ordinance in order to
( )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Q F&Mkj4Are Lot Dimensions Included?(17 Yes ( )No Why?
(&le:Tivo FmAnly Home)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and al low
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The following written statement has been submitted with this application:
( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance.
( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits.Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character; and
f) Potential fiscal impact,including impact on City tax base and employment.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B§20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
If different t from petitioner:
r\
Petitioner pc-I 1.k --)bJZG Property Owner:
Address:,�)NI nWjlg:lt- rQt, r ,� tPAWq1ci Address:
Telephone:-I& ZiU t S65 Telephone:
Email:St',oi tAn Email:
s-
Signature: Q Signature:
(Attached consent letter is also acceptable)
Date:'7-a$-IS Date:
If different from petitioner:
Representative: te fl�
A TRUE AddressAl CCK. k, Lkem*A ' ctio
ATTEST Telephone:91
Signature:_
Date: 15
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
HARDSHIP STATEMENT
The petitioner is currently the owner of the premises, a two family dwelling at 30 Hancock
Street, Salem, MA. He seeks permission for an additional dwelling unit. There would be no
exterior change to the existing building. Petitioner has availability of adequate onsite parking
having a total of six spaces (only five are required). The Petitioner has, since acquiring the
building, made improvements.
The neighborhood consists of two and three family dwellings, and some larger ones, so
Petitioner's application and planned upgrade to three units will not adversely affect the
neighborhood. The city, in fact, has assessed and levies a real estate tax on this property as a
three family resident dwelling. The existing building is in need of substantial upgrade with
reference to its condition. Petitioner has plans to substantially upgrade the entire building but
cannot do so without re-financing that requires three residential dwelling units.
Petitioner plans to extend the existing stairwell to the existing third floor to create the third unit.
(see plans) Upon refinancing the Petitioner would substantially upgrade the entire building.
Petitioner respectfully requests this board to find that this application for a variance is without
detriment to the public welfare and without derogating from the intent and purpose of the zoning
ordinance. There are specific conditions affecting this particular lot and not affecting lots in the
district, generally: Petitioner's lot is narrow, undersized with no possibility of expansion with
thickly settled boundaries. The Petitioner shall suffer great hardship in view of his initial
substantial investment of financial and personal resources and his inability to complete the
project. The neighborhood shall also suffer hardship in that a project to upgrade the building will
be frustrated.
Accordingly the Petitioner asks this board to grant the application for variance.
I`
GLORAL ASSOCIATES
Registered Land Surveyor Registered Professional Engineer
9 Broadway Wakefield, MA 01880 T:(781)246-9345 Fax:(781)246-4333
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Owner
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