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35-37 HANCOCK STREET - ZBA p d + 3133 HANCOCK STREET 35-37 HANCOCK STREET �n f I, i I ........... Legal ]Notice I CITY OF SALEM BOARD OF APPEAL 7459595 Ext.381 . ( Will hold a public hearing for all ` persons interested in the petition sub- miffed by -PAMELA & RHETT ROCHNA requesting a Variance from Section 7.3 off street parking to _ allow one entrance driveway to be 9 1/2 feet wide for the property located .at 3133/3537 HANCOCK STREET E R-2.Said hearing to be held WEDNES- DAY, FEBRUARY 18, 2004 AT 6.30. P.M., 120 WASHINGTON STREET, (Si 3RD FLOOR. en Nina Cohen a f - Chairman ad (2/4,11) r— - ! O CITY OF SALEM9 MASSACHUSETTSWY OF SA BOARD OF APPEAL CLEM( 3 A $ 120 WASHINGTON STREET, 3RD FLOOR ' SALEM, MA 01970 9�MINE TEL. (978) 745-9595 FAX (978) 740-9846 ` 'a FEB:2b 'p � 3q STANLEY J. USOVICZ, JR. MAYOR DECISION ON THE PETITION OF PAMELA & RHETT ROCHNA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 31-35/35-37 HANCOCK STREET R2 A hearing on this petition was held on February 18, 2004, with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Richard Dionne, Nicholas Hellides and Joseph Barbeau. Notice of the hearing was sent to abutters and other and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance from Section 7-3, off —street parking to allow a one-entrance driveway to 9 1/2 feet wide for the property located at 31-35/35-37 Hancock Street located in an R-2 zone. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exit which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. f b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner 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. 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. The Petitioner's appeared and represented themselves at the hearing. 2. Plans were submitted showing the proposed driveway. 3. Councillor Kevin Harvey and Joan Lovely spoke in favor of the petition. 4. A petition was submitted with 20 names in favor of the petition. 5. A number of abutters opposed the petition citing fire hazards and noise as well as pollution concerns. DECISION ON THE PETITION OF PAMELA & RHETT ROCHNA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 31-35/35-37 HANCOCK STREET R3 page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not result in unnecessary hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially hardship derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted lin favor and 4 in opposition to grant the requested variances. Having failed to garner the four affirmative votes required to pass, the motion is defeated and the petition is denied. VARIANCE DENIED FEBRUARY 18, 2004 Richard Dionne ��.,(�� 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 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 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 passed 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 t c we PETITION IN SUPPORT OF DRIVEWAY VARIANCE LOCATED AT 31 -33 HANCOCK STREET, OWNED BY RHETT & PAM ROCHNA. ADDRESS NAME SIGNATURE xJ6 'S --- 3d 3 Gv ri s Lt LIEN'✓4 �T- A s A Buz— , v G6 iV ✓A < GES v' M�! � ? � � � C&,16o S� ;cz u e J o\ s 6, 0 L �c PETITION IN SUPPORT OF DRIVEWAY VARIANCE LOCATED AT 31-33 HANCOCK STREET, OWNED BY RHETT & PAM ROCHNA. ADDRESS NAME SIGNATURE V ]A%coic a�r;5}o �14of("S pf) 3L %z HAPC"e,k SE. % nib 2� - obis iffhvcock S' 1 s �}+�rce�C Sfir eitp of *alem, '41atoarbutem o Office of the CLitp Council��nMeoo"n� CCitp 30all COUNCILLORS-AT-LARGE LEONARD F. O'LEARY WARD COUNCILLORS 2004 PRESIDENT 2004 THOMAS H. FUREY DEBORAH E. BURKINSHAW LUCY CORCHADO KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI JOAN B. LOVELY JEAN M. PELLETIER ARTHUR C. SARGENT, III LEONARD F. O'LEARY MATTHEW A. VENO MICHAEL BENCAL JOSEPH A. O'KEEFE, SR. Nina Cohen, Chairperson February 18,2004 City of Salem Zoning Board of Appeal 120 Washington Street Salem, MA 01970 Re: Petition of Pamela & Rhett Rochna 31-35/35-37 Hancock Street Dear Madam Chairperson and Members of the Board: Please accept this correspondence as my support of the petition of Pamela and Rhett Rochna requesting a Variance from Section 73, off-street parking to allow a one-entrance driveway to be 9 % feet wide for the property located at 31-35/35-37 Hancock Street. The addition of this driveway is to provide access to rear parking that will bring relief to a very condensed neighborhood. I appreciate the petitioners' willingness to provide additional parking and assist in alleviating congestion in their area. I respectfully request that the Zoning Board of Appeals allow this petition. Thank for your assistance and attention in this regard. Should you require any further information,please do not hesitate to contact me. Very tru y yoursf� 0 J B. Lovely Councillor-At-Large SALEM CITY HALL • 93 WASHINGTON STREET 9 SALEM, MA 01970-3592 • WWW.SALEMCOUNCIL.COM 9P��r Citp of *arem, Aloarbussettq a Mite of the c itp countif � �� c itp halt COUNCILLORS-AT-LARGE LEONARD F. O'LEARY WARD COUNCILLORS 2004 PRESIDENT 2004 THOMAS H. FUREY DEBORAH E. BURKINSHAW LUCY CORCHADO KEVIN R. HARVEY CITY CLERK MICHAEL SOSNOWSKI JOAN B. LOVELY JEAN M. PELLETIER ARTHUR C. SARGENT, III LEONARD F. O'LEARY MATTHEW A. VENO MICHAEL BENCAL JOSEPH A. O'KEEFE, SR. February 17, 2004 Chairperson Nina Cohen & Members of the Board of Appeal City of Salem Salem, MA 01970 Dear Chairperson Cohen & Members of the Board: I am writing this letter to show my support for the driveway variance located at the property 31-33 Hancock Street owned by Rhett and Pam Rochna. I believe that by granting this request it will allow for at least six vehicles to be removed from a very busy and already congested neighborhood. Sincerely, KEVIN R. HARVEY COUNCILLOR—AT-LARGE SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEMCOUNCIL.COM �cvoss ref �im rn�/ h�mC ti /ne at�rr_r �1��✓ en�gLi � c� /U J h�� ,2 6ui/c�ir�gs ic)(Ya Y? ori X15 OW/?Qr�iny 0n our S Qr�O1 See7�li5 ,prolp -2r � ve QrrogCl/1� nam �r�'s�r � r7 / / rYJa V2 o7' CV7 n01 Ste. �✓Jo/�07�1'l./ /SSU . Q/Jd h6� 4. C�rnmUn;, �, L �1 C6//e c-// ce Co Crsmin ongl or ��jC etCl�a.�Js� ofir�c7��y /n �� c5� /7�/' w�ho(auLS beh� �Ce f' fs �� 2,nfrr2� o'? <3(j,-<3(j,- n(fi �J Dor/ o cztri�" �/p/J) /7 o ��- 6?-0a �/J C'� I/vVe //�. !• //� ��C�ZJ/� I/t.(,(� /..J�1.I / K�CTe�'1SJ�O •J /T7C/cx��lcj Ov/" e�'rncih77� w I ZONING DISTRICT RESIDENCE 2 1 � ! CJ GAR�DA/P 0 LOCUS MAP N/F CHAPUT m LOT 38 W J -- 8 .00. _- ROPOSED PA KING PACE 6 I 2 I 3 4 5 LOT 36 LOT AREA LOT 37 7,380± SF. PORCH II ± PORCH I NIF CHAPUT LOT 35 10 ilil 3 STORY 3 STORY � DWELLING DWELLING ,j r No. 31-33 No. 35-37 W it 80.04' To Canal Street SIDEWALK GRANITE CURB HANCOCK STREET PLAN OF LAND LOCATED IN SALEM , MASS . PREPARED BY EASTERN LAND SURVEY ASSOCIATES, INC. CHRISTOPHER R. MELL 0, PLS 104 LOWELL ST. PEABODY, MA. 01960 (978) 531 -8121 SCALE: 1 " = 20' NOVEMBER 21 , 2003 REV. JAN. 21 , 2004 c+ , PREPARED FOR ASSESSORS MAP 33 PARCELS 180 & 181 THIS PLAN HAS BEEN PREPARED FROM AN ON THE GROUND FIELD SURVEY USING EX/ST/NG DEEDS AND PLANS OF RECORD r!-.3317 PAM ROCHNA AND IS NOT TO BE CONSIDERED A PLAN FOR RECORDING OR {� M PLAN REFERENCE: BOOK 2129 PAGE END THE CONSTRUCTION OF DEEDS. NO CERTIFICATION IS INTENDEDAS TO PROPERTY TITLE OR AS TO THE EXISTENCE OF UNWRITTEN 1—�"A 15 OR UNRECORDED EASEMENTS. 0 10 20 40 60 80 F 13486