4 RICE STREET - ZBA ,D
4 RICE STREET -
Acyclpbc
UPC 1333
No. 9533L-3
HASTINGS.MN
r
la.
views as well.
Legal Notice
CITY OF SALEM
BOARD OF APPEAL -
978-745-9595,Ext.381
will hold a public hearing for all per-
sons interested in the petition submit
ted by KEVIN HERBERT requesting a
Variance from rear setback and side
setback to allow an existing shed to
remain for property at 4 Rice Street R-
2. Said hearing will be held on'
Wednesday, October 15, 2003, at
6:30 p.m., 120 Washington Street,'
. 3rd floor,Room 313.
Nina Cohen,Chairman
(10/2,8)
r
o ',CITY OF SALEMMASSACHUSIEVIVIO � '
BOARD OF APPEAL
r e
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAx,(978) 740-9846
1 :' �"BEG'l3' � �' 13 '•
STANLEY J. LISOVICZ,-JR.
MAYOR - -
DECISION OF THE PETITION OF KEVIN HERBERT REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 4 RICE STREET R-2-
A hearing on this petition was held December 17, 2003 with the following Board
Members present: Nina Cohen, Stephen Harris, Richard Dionne, Joseph Barbeau and
Bonnie Belier. 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 petitioner is requesting a Variance from rear setback and side setback to allow an
existing shed to remain for the property located at 4 Rice Street located in a R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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 is requesting a Variance from side and rear setback to construct a
shed addition to the back of the garage to contain trash receptacle and keep
them from being invaded by raccoons and such. The setback would be 0 rear
setback instead of the 5ft. required and side setback would be 0 instead of the
required 5:ft.
2. The owner of 40 Bridge Street, Susan Sullivan stated that she thought the
addition was built on part of her property. The petition was continued to allow
Ms. Sullivan time to show the Board proof that this was in fact true..
3. A survey was conducted by Meridian Associates, Inc, and did in fact scow that
the shed was 3 inches on her property at 40 Bridge Street.
4. To be in compliance with the variance, the petitioner agreed to move the shed to
his property line.
DECISION OF THE PETITION OF KEVIN HERBERT REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 4 RICE STREET R-2
page two
5. Ms. Sullivan was still in opposition to the petition.
6. The petition was allowed with the following conditions:
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
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 4 in favor and 1 in opposition to grant the
Variances requested, subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per plans submitted and approved by the Building
Commissioner.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing the
existing structure.
6. The petitioner shall relocate the shed within 60 days upon receiving the building
permit.
Variance Granted
December 17, 2003
Step en Harris ' b sC
Board of Appeal, Mem
DECISION OF THE PETITION OF KEVIN HERBERT IREQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 4 RICE STREET R-2
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record oris recorded and noted on the owner's Certificate of Title.
Board of Appeal
Citp of 6aiem, lRassarbusetts
effite of the UP council
Citp 3ball
COUNCILLORS-AT-LARGE THOMAS H.FUREY WARD COUNCILLORS
PRESIDENT
2003 2003
LAURA A.DeTOMA DEBORAH E.BURKINSHAW CLAUDIA CHUBER
THOMAS H.FUREY CITY CLERK REGINA R.FLYNN
KEVIN R.HARVEY JOAN B.LOVELY
ARTHUR C.SARGENT III LEONARD F O'LEARY
KIMBERLEY L.DRISCOLL
MICHAEL A.BENCAL
JOSEPH A.O'KEEFE,SR.
November 11",2003
Nina Cohen,Chair
Salem Board of Appeals
City of Salem
120 Washington Street
Salem,Massachusetts 01970
Dear Chairwoman Cohen,
This letter is in support of Mr. Kevin Hebert's request for a variance to allow him to
retain the small addition he put on the rear of his garage. Over the summer I went to look
at the addition Mr. Hebert put on the back of this building and he needed to point out to
me exactly where the addition beand his garage ended—as the construction and paint
job at the back of his building wanso seamless that at first I did not even realize that such
an addition existed.
This addition is on Mr. Hebert's property. Mr. Hebert's property backs up to a small
stone retaining wall that is owned by the Clipper Ship Inn. All of the properties along
Rice Street back up to this stonewall. As well, a number of other properties have decks,
pools and sheds that are just as close to the wall's property line as Mr. Hebert's. Mr.
Hebert's modest addition in no way touches the wall, impinges upon the property,or
diminishes the value of the property owned by the Clipper Ship Inn.
He constructed this small addition to give his family added storage space. It was done in
a professional manner and I request that this variance be granted.
Sinc ly,
Re
Ward ittouncilor
SALEM CITY HALL•93 WASHINGTON STREET•SALEM, MA•01970-3592
Untitled
We "The residents of Rice Street" have no dispute
over the trash bin that Kevin Hebert of
4 Rice Street has erected .
A,// s X
Page 1
l MORTGAGE INSPECTION PLAN
Location: 4 Rice Street, Salem, MA
Date: 9/30190 Scaler 1'=20' M Of
Buyer: Robert Hebert
Dead Ref: 13733/210 Plan No:j 117 of 1962
Drawn per Clty/Town of N/A Tax Assessors Map
N
1
`J
I
0 45,li
tGARAGE Hotel C1du PIS
TOT H
A�T
I %9 r l illi A"
�
I,01T A b r F O C
10, WIDE 1k STORY S
I RIG[7r OF WAY ' I #4WOOp � V15
1 ,`W
3 oN he
per4q •
This p I w.ws
Shows a ��.
RICE STREET Jar giwlq�*
th`
wh y L
breW,.n
ric3 7
To: f1maannd Ii mama e'ornnndinn -
I herebycert' that the above Mortgage Ins action Plan was prepared for use in tona new Mortgage and is not
certifyP
intended or represented to be a property One or land survey. It can not be used for establishing fence, hedge, walls or
building lines. No responsibility is Intended herein to the land owner or occupant. The locelion of the original building(s) as
shown.herein was in compliance with the local applicable zoning bylaws in efied when constructed,with respect to horizontal
dimensional requirements,to lot lines or is exempt from violation enforcement under Mass G. L.Tide VII, Chap. 40A, Sec. 7,
unless otherwise shown herein. I further certify that the property is not located in the flood hazard area as shown on FIRM
map Community No.250102 Dated 8/5/85 Job No. 90.4019
EASTE SSOCIATES7 4459,Peabody.MA 01981 (978)535.8934