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1 MILK STREET - ZBA Lniversel, www.myuniversalop.com phone:1-866 756-4676 UNV12113 VY\O-P - 3� Zoning Board Proiect Status Sheet Address & Applicant: ,k co-'C-0A c �, Date Submitted to BOA: Auajaj-s-1v inks Clerk Stamp: $12-l S Variances Only - Constructive Approval Date: (100 days from fling) ci/ Abutters List Requested: o/ Abutters Notice Sent: r✓ Notice to Abutting Cities & Towns, Councillors: iR/ Legal Notice posted at City Hall: (14 days before meeting) dLegal Notice Emailed & Confirmed: d/ Legal Notice Posted on Web: d Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: q s Continued Meetings: N� Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: 9tQ Decision: Den�ec� — T3�� � d�r� shspectoc s Dec �s �ca� Decision Filed: JilaaLs Appeal Period Over: after decision filed) /Decision Sent to Applicant: /Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: 9r`�'I/� Rebecca Curran (Chair) Mike Duffy Petitioner: keu,�^Afel Tom Watkins Peter Copelas Address: /— hf/e 6;� eo Jimmy Tsitsinos Jim Hacker(Alt.) Paul Viccica (Alt.) Total: Conditions: NPetitioner shall comply with all city and state statutes, ordinances, codes and regulations. m All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ®All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ❑Petitioner shall obtain a building permit prior to beginning any construction. ❑ Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑ Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. ❑ Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or more than fifty percent(50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%)of its replacement cost or more than fifty percent (50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. EJ l 5 -' 1.71. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET 4 SALEM,MASSACHUSETTS 01106 SEP 30 P 2: 2.0 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR FILE N CITY CLERK. SALEM, MASS, September 30, 2015 Decision City of Salem Board of Appeals Petition of CAROL and KEVIN CROOM seeking an Appeal of the Decision of the Building Inspector to allow the use of a two-family dwelling unit as a three-family dwelling unit at the property of 1 MILK STREET (Map 35 Lot 553) (R2 Zoning District). A public hearing on the above Petition was opened on September 16, 2015 pursuant to M.G.L Ch. 40A, g 11. and closed on this date with the following Salem Board of Appeals members present: Ms. Curran (Chair),Mr. Copelas,Mr. Watkins,Mr.Tsitsinos and Mr. Viccica. The Petitioner is seeking an Appeal of the Decision of the Building Inspector that the building at 1 Milk Street is illegally being used as a three-family dwelling unit. Statements of fact: 1. In the petition date-stamped August 19, 2015, the Petitioner requested an Appeal of the Decision of the Building Inspector to allow the use of a two-family dwelling unit as a three-family dwelling unit. 2. Attorney Seligson presents the petition on behalf of the applicants. 3. The property owners were issued a notice of violation from the Building Inspector dated July 22, 2015, which the property owners were deemed to be operating an illegal three family dwelling unit in an R2 Zoning District. 4. A building permit dated September 14, 1927 states that the building is a two-family dwelling unit. 5. On April 1, 1980, a letter from the Building Inspector to cease construction activity was issued to the property owner of the time. 6. On April 23, 1980 a decision on the petition of David Knight for a special permit to convert an existing two-family dwelling to a three-family dwelling was denied. 7. On August 11, 1983 the property owner at the time were issued a notice of violation from the building inspector for the occupancy of an illegal third dwelling unit. 8. On April 1, 1984, the property owner at the time, Rodger Rotondi, submitted a letter to the Building Inspector with a request to join the 2nd and 3`d floors into a single large apartment. 9. On April 16, 1986, the Assistant Building Inspector issued a notice of violation of the Zoning Ordinance to Mr. Croom, the current property owner, for operating an illegal three family dwelling unit. 10. In 1992, the owners of the property, withdrew a Zoning Board of Appeals petition requesting a special permit to convert an existing two-family house into a three family dwelling unit 11. On November 17, 1993, Mr. Croom provided a letter to the Building Inspector that the tenant of the illegal third dwelling unit would be vacating the unit. 3 City of Salem Board of Appeals September 30,2015 Project: 11 Herbert Street Page 2 of 2 12. On July 8, 1998, the Building Inspector issued a notice of violation for the operation of an illegal three family dwelling unit. 13. On July 20, 1998, Mr. Croom provided a letter to the Building Inspector stating that the current use of the building was used as a two-family dwelling unit. 14. On July 16, 2015 the Building Inspector sent a letter of required inspection to Mr. Croom following a complaint of an illegal third dwelling unit. Following an inspection, a notice of a Zoning Violation was sent to Mr. Croom with a deternvnation that there is an illegal third floor dwelling unit. 15. The use of a three-family dwelling unit is not a grandfathered use. 16. Mr. St. Pierre, Zoning Enforcement Officer/Building Inspector requests that the petitioner submit building plans to be approved by the Building Inspector, pull a building permit and remove the illegal third dwelling unit. 17. The requested relief, if granted, would appeal the opinion of the Zoning Enforcement Officer and allow the Petitioner to continue to occupy a third dwelling unit in an R2 Zoning District. 18. At the public hearing four (4) members of the public spoke in opposition to, the petition and no members of the public spoke in support of the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including records of the City of Salem Building Department, the application narrative, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project does not meet the provisions of the City of Salem Zoning Ordinance: On the basis of the above statements of facts and findings, the Salem Board of Appeals voted none (0) in favor and five (5) opposed (Ms. Curran, Mr. Copelas, Mr. Viccica, Mr. Watkins, Mr. Tsitsinos), to Appeal of the Decision of the Building Inspector to allow the use of a two-family dwelling unit as a three-family dwelling unit at the property of 1 MILK STREET (Map 35 Lot 553) (R2 Zoning District). THE DECISION OF THE BUILDING INSPECTOR IS UPHELD. Rebecca Curran, Chair Board of Appeals 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 Lows Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Lows Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS RM M. , i GTY OF SALEM,MASSACHUCEUP - "r BOARD OF 120WA911NGTONSTREET,30FLOOR �u�.@ '. S4LEM,MASG4CHUSETTSD197D �OF,� Thomas Pier%Director of Inspectiors1 S3v�ML*4*U'v'EiCPi4lLw r Phone 978.619-5E41/ Fax 978-74D-9846 KamER E+Darscoua. Erin Sitaelfer,3alf Plain k e MAYOR Phone 978$195665/ Fac 978-740.0404 i a M c TO THE BOARD OF APPEALS x The Undersigned representt that he/she islare the owners of a certain parcel of land located at Address: '�l k l f Zoning District: An application is being submitted to the Board of Appeal for the following reason(s): 111*statenida must describe what you propose to build,the dimensions,the zone property is in,and the zoning regdiremen`fs(Frample: I amproposing to construct a 10' x 10' onestory addition to my home located at 3 Salem Lan%in the R-2 Zoning District. The Zoning Ordnance requires the m/nimum depth the rear and to be 30feet. The current depth o ep � Y f �P of my rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.) Seek*G t ecp-t4cp C>cAuq r.WtQtreln ozNr- r -5i CQ ' im ©n 4Ae- oc2y- c f4. (Ainkag Ck &tr-La(_ {.l�grQS Oceu- rocas'ty% t�GatsC�ue-y` �oJrcvC5. 0V ahc4 ?-A=4071 rrsicQecQ e of Ibcpee tcQeS an{{1P 3"`�FTeov , 1<pFVr this reason I am re;grursting 11V*o l/cRccgt e. WI R RG5(L(t i n Gig n-64,i cant- h cty C( tP- ( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from (ia minimum depthofrearyard). What is allowed is (ft?sq ft?stories? W),and what I am proposing is (Jt?sq ft?stories?%?). j A Special Permit under Section of the Zoning Ordinance in order to - _nh ••'t lklfcl - "Se— ,I�nppeal of the Decision of the Building Inspector(( esrn'bed below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: Are Lot Dimensions Included?( )Yes ( )No Why? (EraWk:Two Fmn lyHw ) - The Undersigned hereby petitions the Board ofAppeals to vary the terms of the Salem Zoning Ordinance and allow 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. r � Addendum to Special Petition Form One Milk St. Special Permit section: a) Providing housing for a senior citizen b)Traffic etc- no negative impacts c) Utilities: applicant pays heat, electricity, water etc for tenant we also pay for private trash collection d) no impact on environment e)Neighborhood character: Eleanor, Carl, Susan and Wilma, who started the complaint, have always talked to the children. We feel very lucky to have a neighborhood that watches out for one another, especially our grand children. (There is a 6 family house on Pickman St less than 100 ft from our house.) f) Potential fiscal impact to City: We are paying taxes based on 3 family and paying private trash collection 0 • CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETMON 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. O 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 ofprevfous applications to the petitioner or his representative. nn 1 II //l� If d ffereni from petitioner: Petitioner: CaCol1'F l�e dt kt Ct ac>JM Property Owner: Address:to S//yltM@+OtA {{S�. Address: Telephone: I'IG3t g6 QJ Telephone: Email: +���J.( q Oowl V�Y t Z+�ill• mail: Signatur Ql Signature: Date: Date: (Attached consent letter is also acceptable) If d fferent from petitioner.titionet (J' Representative:— timpV1 L,C�goO A TRUE Address: L? YN OCV OVA S�nLT-e 9T Sttr� ATTEST Telephone: 6ki q Oatto Date: IhIc, U CITY CLERK DATE DPCD DATE This original application must he ftled with the City Clerk To: City of Salem. Ma Building Dept. RECEIVED C 120 Washington St, 3`"Fir Salem, Ma 01970 SEP 0 3 2015 Att: Erin Schaffer oEFT OF PLA .1,»nc P Subject: 1 Milk Street Sept. 4, 2015 I am seeking an appeal of the decision of the Building to use and operate the property with members of thea of ctor . I would like to continue floors of the home. My daughter and her two young childre�ayrresiding re d g on the lent floor, including our grandson who has special needs. Our cousin, who is over 65 years of age and has resided there for 16 years,resides on the 3nd. Floor. Requiring one or both to vacate will result in a significant hardship. Sincerely, 9 Kevin M. Croom& Carol J. Croom 12 Washington St Marblehead, Ma 01945 tel: 781-631-8695 Petition Form APPealPernut section: a)Providing housing for a senior citizen b)Traffic etc-no negative impacts c) Utilities: applicant(Kevin and Carol Croom)pays heat, electricity, we also pay for private trash collection water etc for tenant d)no impact on environment e)Neighborhood character: Eleanor, Carl, Susan and Wilma, who started the complaint, have always talked to the children. We feel very lucky to have a neighborhood that watches out for one another, especially our grand children. (There is a 6 family house on Pickman St less than 100 ft from our house.) fl Potential fiscal impact to City: We are paying taxes based on 3 family and paying private trash collecton CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KEaERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSAajLsETIS 01970 TEL:978-745-9595♦FAx 978-740-9846 REQUIRED INSPECTION 1 Milk Street July 16,2015 Kevin M. Croom& Carol J. Croom 12 Washington Street Marblehead,Massachusetts 01945 The above referenced property has come to the attention of this department for the following reason(s): A report has been made to this office that there is an illegal apartment unit located in the attic of this legally permitted two (2)-unit building located in an R2 Zoning district. For this reason an inspection must be conducted by our office to assure compliance with the code and city ordinance. Under the provisions of 780 CMR, Section 115.6, the State Building Code, access to this property must be granted for the purposes of this inspection. Please call this office upon receipt of this letter to schedule this required inspection. If this property has rental units,these tenants must be notified in advance of this inspection, so that access to these spaces may also be accomplished. This inspection must be shall be conducted on Tuesday,July 21, 2015 at 10:00 a.m. Failure to respond to this notification will be construed as non-compliance, and as such an Administrative Search Warrant will be sought, so as to allow the lawful inspection of this property. If you have any further questions regarding this letter,please call this office at (978)-745-9595, extension 5648. Sincerely, Tho St.Pierre '41II4 Building Commissioner and Zoning Officer ®l? CITY OF SALEM, MASSACHUSETTS t BUILDING DEPARTMENT c 120 WASHINGTON STREET,3RD FLOOR TEL:978-745-9595 KIIaERLEY DRISOOLL FAX: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER Zoning Violation 1 Milk Street July 22, 2015 Kevin M. Croom& Carol J. Croom 12 Washington Street Marblehead,Massachusetts 01945 Mr. and Ms. Croom, As a result of the inspection conducted by this office on Monday,July 22,2015,it has been determined that an illegal 3`d floor dwelling unit created and is being occupied at 1 Milk Street. This is in violation of the City of Salem Zoning Ordinance chapter 6-1 for a three(3)-unit building in a location zoned for(R-2)two family dwellings. This office has no records of permits for this construction and/or variance or special permit approvals for this third floor unit. As discussed with you at the conclusion of my inspection at the site you are hereby ordered to vacate the third floor apartment unit immediately and to secure permits for its removal You are hereby ordered to immediately contact this office upon receipt of this notice; failure to respond to this notification will be construed as non-compliance,with issuance of Municipal tickets and including the filing of criminal complaints at District Court. If you feel you are aggrieved by this order,your Appeal is to the Salem Zoning Board of Appeals. If you have any questions regarding this letter,please contact my office at(978)619-5640. Respectfully, ThomasC Pierre y Building Commissioner CC: file v -- /�T�� - - Citp of e*alem, jta2;!5arbU5SPtt2; Vublic Vropertp Department Nuffbing Department one 9pa(em &teen (978) 745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 8 , 1998 Kevin & Carol Croom 12 Washington Street Marblehead, Mass . 01945 RE : One Milk Street C-7-98 Dear Mr. Croom: This office is in receipt of a complaint regarding the above referenced property which is owned by you. The violations are as follows ; 1 . The property is being used as a three (3 ) family. 2 . Dryer vents are exhausting into neighbors side yard. 3 . Downspouts empty into city sewer system. Please notify this department within five ( 5 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you in Salem District Court . Thank you in advance for your anticipated cooperation in this matter . Sincerely, fzA�in G. Goggin Inspector of Buildings KGG: scm cc : Patricia Carney' Councillor Flynn, Ward 2 RHVIN CROOK 12 HASgINGTON STREET KARBLEIROx NABS. 01945 (H)617-691-8695 (9)617-569-7770 CITY (:F' SALEM NOVEMBER 17, 1993 BUILDING INSPECTOR ONE. SALEM GREEN SALEM,, MA. 01970 ATT: M.R. LF.O TREMBLEY SUBJECT: ONE MILK STREET DEAR MR. TREMBLEY, ' SEF. THE ATTACHED l.V'i .E; .-b ti . -- . �REF2NT TENANT AT ONE MILE APV7Fi TV OF HIS NOTICE PO VACATE 717- t' I BELIEVE "" _ wC R^l,UTREMENTS AT TRIS T12'.-. .ri:S kI.L.. .F. y ... - SINCERE KEVIN CROOM i 10/25/93 David M. Robbins 1 Milk Street Salem, MA 01970 Hi Kevin & Carol, I am going to Is mos ging to Arlington in slightly e`'vsr One: 00nth :Ql 3 ; Please aC'cupt this letter as notice. NOW that the i.:�.... is 000d, let. Me Say that 1 have i enjcyed rentA5 from ye-: and appre iace che rrampi "o.r:_.- ai aGLuP.. icu %at_ that YOO VVY al ;Ys ,t r. ob'_srs with the ISI apartment than T Pavo orlouytere& 1 will have e diffivoll t2my leaving .Salem ant Milk Street ar..9 I am unving Aue to space and ' stance onnsi.deraticr.s . ncerning the final ' Kar - ' al cnnsidera ions, Rent sf oz Nov 0 ra Bac 15 will be covered by the last month ah'no Y' yen when 1 moved to Milk Street. When yov rya! a -n __ r p .8so no'ntlot mo at either: (Work) 619449"'-2622 ext . 519 9am to Spm (Home) 508-741 -1719 weekends or mprea gn Thjnka for everything, i Dave DATE OF PERMIT PERMIT NO. OWNER LOCATION C DWELLINGI MATERIAL I DIMENSIONS NO.OF STORIES NO.o�MILIES I W�j BUILDER - COST OTHER SLOGS. MATERIAL DIMENSIONS NO.OF STORIES BUILDER /� POCKE! FOLD PLAN NO.SHER EE 4/25/80 X6136 (Owner-David Knight) Construct two 12' dormers on either side of gable roo 4/23/80 Board of Appeal - Special permit for 3rd apartment DENIED. (David Knight) BOARD OF APPEAL - 11/2/83 - WITHREW - petition for a Special Permit to convert to a three family dwelling (Roger Rotondi - Owner) 6/15/92 #265-92 INSTALL VINYL SIDING, COST $9,600. fee $20.00 d.h. THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) IM ^�� DATA -c l�� .r;A ,41 � ,�jp�ttfllit �zn}tPzfg �s�ttz4ttten't William H. Munroe One Salem Green 745-0213 April 16, 1986 Kevin Croom 239 Washington St . Marblehead, MA .01945 RE: Property in Salem, MA, One Milk Street . Dear Mr. Croom, _ It has been brought to the attention of this office that your property is currently in violation of the Zoning of the City Of Salem in that it is being used as a three (3) family dwelling. Our records show it is a two, (2) family only. You are here by ordered to correct this problem within thirty (30) days of this notice. Failure on vn".- -- " - o could result in legal action being brought P 443 509 332 our intention and progress as applies to RECEIPT FORCERTIFIED.MAIL free to call us at 745-0213. NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL Respectfully (See Reverse) //�r� , i / n Set o / _ -- Stregt and N.o Edgar tl in P.o.;Stete and ZIP Code Asst. Building Inspector rync $ V Pottage - artlfied Fee ;ion f eclel Delivery Fee tment Restricted Delivery Fee arvey Return Recelpt Showing to whom and Date Delivered Return Receipt Showing towhom, Date,end Address of Delivery o TOTAL Postage and Fees 9 d y; Postmark or Dete`. M � E 0 V. y I DATE OF PERMIT PERMIT NO. OWNER LOCATION / ' 1 C DWELLING I MATERIAL I DIMENSIONS NO.OFSTORIES NO.OFAMILIES I WARDJ BUILDER - COST OTHER B,LD/GS. I. MATERIAL DIAMENSISION]S� NO.OF STORI ES BUILDER POCKET ROLi v PLAN NO.: 4/25/80 #136 (Owner-David Knight) Construct two 12' dormers on either side of gable 4/23/80 Board of Appeal - Special permit for 3rd apartment DENIED. (David Knight) BOARD OF APPEAL - 11/2/83 - WITHREW - petition for a Special Permit to convert to a three family dwelling (Roger Rotondi - Owner) 6/15/92 #265-92 INSTALL VINYL SIDING, COST $9,600. fee $20.00 d.h. WWI- Pry glfy q £fFggg� A� I April 1984 51 Monroe RA, Marblehead, MA 01945 Mr. Richard McIntosh Inspector of Buildings City of Salem 1 Salem Green Salem, MA 01970 Subject: Residence at 1 Milk Street, . Salem, MA Dear Mr. McIntosh: You will recall that I decided not to pursue- the special permit to use 1 Milk Street as a three family building. Rather, only two of the three floors have been occupied since the hearing last Fall. My intention now is to join the 2nd and 3rd floors into a single large apartment. I would hope to hire a contractor to do the work in May or June. In planning for this work I would like you to join me and a con- tractor in an inspection of the building so that we will have the benefit of your judgement and experience in carrying out a conforming modification to the building. I would like this inspection to occur during the first week in May. I will call you to set up a convenient time for you. Very truly yours, Roger -R.- Rotondi ems Ctv of '*ttleitt, 'Mttssar4use#fs � 3 + Public Prnpertg Peyartluent `°M n oo" 11llllllt� eurtnlent Richard T. McIntosh One Salem Green . August, 11,1983 745-0213 Re: 1 Milk Street i TO WHOM IT MAY CONCERN: . The above referenced property is located in an R-2 zoned district and may be occupied as .a two Family Dwelling. Any occupancy on the 3rd floor is not allowed, is illegal,and must be discontinued,immediately. There have been no Certificates of Occupancy issued for this property. A Field Inspection made by this Department on 8/9/83 at 8:30 A.M. determined that the two egresses from the 1st and 2nd floor are in compliance with the Building Code. .I: Vel truly yours, " Richard T. McIntosh Inspector of Buildings Zoning Enforcement Officer RTM:mo' s ' 7,. :; v-u� ul p�'FIlY%Ti� (-•7ikS�i�z9�[LI�I;�C'iP�I� -s �� FuxrD of X80 ,MAY -S A8 :39 . CITY CLERK'S OFFICE APRIL 23, 1980 SALEM MASS DECISION ON THE PETITION OF DAVID KNIGHT FORA SPECIAL PERMIT FOR ONE MILK STREET. A hearing on this petition was held on April 23,1980 with the following Board Members present: James H. Boulger, Jr., Chairman, Messrs. Hopper, LaBrecque, Feeherry and Associate Member Piemonte. Notices of the hearing were sent to abutters and others and a notice of the hearingwas published in the Salem Evening . News on April 9, 1980 and April 16, 1980. The Petitioner has requested a Special Permit to convert an existing two- family dwelling to a three-family dwelling. The existing structure is in an . -R-2 district. . The Special Permit which. has been requested may therefore be granted only upon a finding by the Board of Appeal's, that the grant of the Special Permit will promote the-health, --safety,- convenience and welfare of the City's inhabitants. The Board of Appeals, after considering the evidence presented at the hearing, and after viewing the property, makes the following findings of fact: 1. The general area in question has significant parking and traffic , congestion problems, ,; 2: The property in question cannot comply with the off-street parking regulations in the Salem Zoning Ordinance for a three-family dwelling. On the basis of the above findings of fact and on the evidence presented at the public hearing, the Board of Appeals concludes by a vote of 4 to 0 (Mr. Feeherry voted present) that the proposed use will not promote the health, safety,: con- venience, and welfare of the City's inhabitants and that the proposed use ''is not in harmony with the Zoning Ordinance. Accordingly, the Board votes to deny the granting of the Special Permit.:requested by the Petitioner. - SPECIAL PERMIT DENIED 7PEf,L fR:=". ':!!S C.'ISIOPI, IF ANY, SHALL BE LIADE PURSUANT TO SECTIOPI 17 OF THE kIASS. ` ' � '^ ° '•. _1 806, AND SHALL BE FILED IWUHIH 20 DAYS AFTER THE DATE OF FILUIG FPHIS G6�'SINWWHE OFFICE OF TOE CITY CLERK. - - 'VR34xTrC-,Mrr49RAL LA',5,.CHAPTER 808. SECTICH 11, THE PAZ!A5•:E OR SPECIAL P-CRS;IT 71A'✓TP►P�R�►�' MIIGT 7AKE EFFECT U11TH. A CO?Y OF THE CECIS!Ok. DE,U:M TP,E CERT. i uY.,✓•r7Nearl4E6K TIS,T 20 DAYS-H,%VE ELAPSED Ait� NO APPEAL PIAS BEAhthogy M. Feeher , Acting Secreta fy RTHAV.IPS'! VVOF+°PFA! HAS BEEN FILE&THAT IT HAS BEEN OiSc4!SS70 CR DEI.iEO IS :Etaftb D rN>Ha Soucy ESSEX Rt'GGTRY U DEEDS A%U I;IUEiriED UNDER 7HE Nki;E OF THE OWNIER F P-UADoiL15 A6.cci 7EO AND HOFED CFI Tiff 0*Vn.ER'S CERTIFI',:AFE OF TITLE.- BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. <�poxml4�o (9t#U o �IlPttt, iSCL1�E#t { o �iublic PrupertU Department uilbing DepOnient One ;Sulrm O)rrrn - 7.1 -0213 April 1, 1980 Mrs. Arthur Ryan 13 Pickman Street Salem, MA 01970 RE: 1 Milk St. , Salem Dear Mrs. Ryan: This is to inform you that the owner of 1 Milk Street has applied for a Bearing before the Board of Appeals for a third apartment. As an abuttor you will be notified as to the time and date of any hearing. In the meantime he has been advised to clean the grounds and to cease construction activity except to make the building weather tight. Very truly yours, Daniel F. Mansur Asst. Building Inspector DFM:tc D. Daniel H. Pierce & J. Tracy Pierce REC��VE_:D 22 Andrew Street SEP Salem, MA 01970 8.2015 SPT OF PtANNINO& 2 September-2015' W11'DEVELOPMEN1 City of Salem Zoning Boardrof Appeals 120 Washington Street Salem,MA 01970 Petitioner: CAROL and KEVIN CROOM Property Location: 1 MILK STREET(Map 35 Lot 553) (R2 Zoning District) Subject: Appeal of the Decision of the Building Inspector Dear Chair Curran and Board Members: As homeowners at 22 Andrew Street for over twenty-seven years and neighbors of the subject property,we are.writing to confirm our strenuous objections to the applicant's Appeal of the Decision ofthe"Building Inspector to allowahe:use of a two-family dwelling'unit as a three- family dwelling unit at .he-propertyof`1 MILK'STREET?We requesttherefore;that the Board of Appeals,vote'to:deny the'applicanf's Appeal and2or'any'petitions'for V'ariaiices or'Special Permit that may,be'requested-by"the petitioner as part of this`Appeal or"separately as parUo-f any future petition. Our:objections''are based on the following facts as recorded from the public record: , :: • , . . ,. , : , . .. -, 1. The subject property was historically occupied as a two-family dwelling and identified as such by all applicable City of Salem records. 2. On March 31, 1980 a letter submitted to the City of Salem Building Department by the immediate abutters to the subject property notified the City of construction work underway on two new dormers at the attic roof level to add an illegal 3'floor apartment, and confirmed after a call the City that no Building Peimit had been issued for any work on,the property: . 3. On April 23, 1980 the Zoning'Board of Appeals,by.a vote of 4 to 0,denied petitioner Kevin Knight's request for a Special Permit to convert the building from a two-family dwelling to a three-family dwelling. The decision cited the following justifications in support of the denial: • The neighborhood has significant parking and traffic congestion. • The property can not comply with off-street parking requirements for a three- family dwelling uni , *�: i 4, On:August P1;1983 the>City of;SatetnBuilding mspectorand Zoi ing Enforcement. Officer sent=aletter to+the:propertyowners;=Securii 'Nattonal.Bank;confirming that ;s,. following his inspection of the propertyon;8/9L1983;'the property may"be occupied only as a two-familydwelling and that"a3rd floor occupancy is."not'allowed;illegal,andmust bediscontinued immediately": Roger Rotondi purchased the propertyon'8/19/1983 from Security National Bank according to Registry of Deed records. ' Zoning Board of Appeals 2 September 2015 RE: 1 Milk Street Page 2 5. On April 1, 1984 owner Roger Rotondi submitted a letter to the Salem Building Inspector and Zoning Enforcement Officer informing the City that since August 11, 1983 only the first two floors of the property had been occupied and that he intended to combine levels 2 & 3 into a single dwelling unit. 6. Kevin Croom purchased the property on 8/31/1984 according to Registry of Deed records. 7. On April 16, 1986,the City of Salem Building Department sent a letter to the current property owner,Kevin Croom,confirming that the subject property was in violation of the City's Zoning Ordinance as a three-family dwelling unit and ordered Mr. Croom to correct the violation within 30 days. 8. Two Certified letters from the City of Salem Building Department to the current property owner,Kevin Croom,were returned"unclaimed"or"undeliverable"in April and May of 1986. 9. On September 15, 1993 the City of Salem Building Inspector and Zoning Enforcement Officer sent a letter to the property owner,Kevin Croom,confirming that the property's use and occupancy as a three-family dwelling unit is in violation of the City's Zoning Ordinance, and further instructed Mr. Croom to either apply for variances or vacate the 3'floor apartment unit and return the property to a two-family dwelling. 10. On July 8, 1998 the City of Salem Building Inspector and Zoning Enforcement Officer sent a letter to the property owner,Kevin Croom,confirming that complaints had been received from abutters and further confirming the ongoing violation of the Zoning Ordinance by use of the building as a three-family dwelling unit. 11. On July 21, 1998,property owner Kevin Croom sent a letter to the City of Salem Building Inspector and Zoning Enforcement Officer stating that the property "...is used as a two-family dwelling." 12. Following the"Required Inspection"of the subject property by the City of Salem Building Commissioner and Zoning Officer,Building Commissioner Thomas St.Pierre issued a letter on July 22,2015 confirming the determination that an illegal 3'floor dwelling unit has been created and is being occupied at the subject property. Commissioner Thomas St.Pierre's letter further confirmed that such use and occupancy is in violation of the Zoning Ordinance,that no records of permits for said construction and/or variances or special permit approvals exist for the third floor unit,and most importantly,that the illegal 3'floor apartment be vacated immediately and that permits be secured for its removal. Based on the above facts it is evident that owner Kevin Croom was disingenuous at best when he stated on July 21, 1998 that the property"...is used as a two-family dwelling". That may have been a true statement on July 21, 1998 when Mr.Croom wrote his letter to the City of Salem Building Inspector and Zoning Enforcement Officer,but the facts remain that for the past thirty- one years since Kevin and Carol Croom have owned the subject property,they have continued to violate the Zoning Ordinance by allowing the 3'floor to be occupied as an illegal dwelling unit. Furthermore,the Crooms have consistently ignored the several communcations issued by the City of Salem Building Department directing the Crooms to vacate and remove the illegal 3rd floor dwelling unit. I Zoning Board of Appeals 2 September 2015 RE: 1 Milk Street Page 3 In conclusion,after thirty-one years of denial,deception and obfuscation by the owners of 1 Milk Street,we fully support the July 22,2015 decision and directive by Building Commissioner Thomas St.Pierre to"...vacate the third floor apartment unit immediately and to secure permits for its removal." We request that the Zoning Board of Appeals deny the applicant's Appeal and/or any petitions for Variances or Special Permit that may be requested by the petitioner as part of the Appeal or separately as part of any future petition. Furthermore,we request that the Zoning Board of Appeals stipulate in your written decision denying the applicant's Appeal that the applicant shall secure building permit approvals for the removal of the illegal third floor apartment within 30 days,that all work required to completely remove the third floor apartment shall be completed within 90 days,and that a Certificate of Occupancy be issued by the Building Commissioner upon his certification that all work has been completed in accordance with all applicable codes and ordinances and the construction documents approved as part of building permit application. Respectfully, 2elH. ierce J.Tracy Pierce / I CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL A, ���MINE O�C4`i 120 WASHINGCON$TRL+P:1 $ALHM,MASSACIIUSGI-is 01970 'I'ILehHON e:978-619-5685 * fnx:978-740-0404 KIM11HR1.8Y DItiscou,. MAYOR - RECEIVED SEP 16 2015 DEPT.OF PLANNING& COMMUNITY DNELOPMENT City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of CAROL and KEVIN CROOM seeking an Appeal of the Decision of the Building Inspector to allow the use of a two-family dwelling unit as a three- family dwelling unit at the property of 1 MILK STREET (Map 35 Lot 553) (R2 Zoning District). The public hearing will be held on Wednesday, September 16, 2015 at 6:30 PM, in Room 313, 3"' at 120 Washington Street in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the application and plans are on file and available for,review during normal business hours at the Department of Planning& Community Development, City Hall Annex, 3", 120 Washington St, Salem, MA. Rebecca Curran, Chair Board of Appeals • ,t Salem News: 09/2/2015 and 09/9/2015 w U � s� �d lU a +) -v�d ,ate � �74 � , � °e � � 9-16-2015 To: City of Salem Zoning Board of Appeals From: Elinor Ryan 18 Pickman Street,Salem Ma. RE: Petition seeking appeal of the decision of the Building Inspector to deny use of a two-family dwelling unit as a three-family unit at the property of 1 Milk Street, Salem, Ma. I agree with the Building Inspector decision and the petition to change the two-family dwelling to a three-family dwelling should be denied. Elinor Ryan V�} C� M 0 rn m � . r i Q 1 ti September 15, 2015 16 Pickman St. RECEIVED Salem, MA 01970 SEP 16 2015 DEPT.OF PL4NNiNG& Salem Zoning Board of Appeals CC)"4041'DEvELOPM`Nr 120 Washington St. Salem, MA01970 Re: 9-16-15 Hearing for 1 Milk St. Owned by the Crooms Dear Sirs, My wife Kathleen and I own properties at 2 and 4 Milk St. across from 1 Milk St. and have lived around the corner at 16 Pickman St. for 35 years. Decades ago the Crooms asked us to support their desire to make this a legal 3 family. We declined to support the idea then and our minds have not changed. However, we do not want any hardship for the existing tenants. To that end, assuming that rentals are mandated for inspection any time a tenant vacates; we propose that the eventual change, back to 2 units, should take place the next time any tenant vacates. We believe this would minimize any adverse effects on the current tenants. Thank you for your time and consideration. Sincerely, Lloyd Ternes Kathleen Keefe Ternes