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4 RICE STREET - BUILDING JACKET ' I ' \ ` fie. �'��ef' � CITY OF SALEM, MASSACHUSETTS BUILDING DEPART67ENT �p � a 120 WASHINGTON STREET, 3PO FLOOR TEL. (978) 745-9595 ( 7 FAX(978) 740-9846 KID4BERLEY DRISCOLL G MAYOR THOMAS ST.PIERRE (/J DIRECTOR OF PUBLIC PROPERTY/BUILDING CON11[ISSIONER w� Kevin Herber 23 Orchard Street Salem,Ma.01970 VIOLATION NOTICE %; PROPERTY LOCATION -#4 Rice Street The above listed property has been found to be in violation of the following State Codes and/or City Ordinances : City of Salem Ordinance #24-21 Keeping of unregistered vehicles. This Ordinance prohibits the keeping of an unregistered or uninspected vehicle for more than 15 days. The vehicles need to be in compliance or removed within 15 days of receipt of this letter. This ordinance carries a$50 per day fine . If you have any questions, contact me directly. SK cerely, Aom tt. Pierre Building Commissioner/Zoning officer CC: file, CITY OF SALEM, MASSACHUSETTS 4Q:mDWW BUILDING DEPARTMENT120 WASHINGTON STREET, 3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMIMIISSIONER Kevin Herbet 23 Orchard Street Salem,Ma.01970 VIOLATION NOTICE PROPERTY LOCATION 44 Rice Street The above listed property has been found to be in violation of the following State Codes and/or City Ordinances : City of Salem Ordinance #24-21 Keeping of unregistered vehicles. This Ordinance prohibits the keeping of an unregistered or uninspected vehicle for more than 15 days. The vehicles need to be in compliance or removed within 15 days of receipt of this letter. This ordinance carries a $50 per day fine . If you have any questions, contact me directly. S')cerely , � h !2o T omas J. t. Pierre Building Commissioner/Zoning officer CC: file, o CITY OF SALEM .MASSACHUSE7 t. BOARD OF APPEAL '! 120 WASHINGTON STREET, 3RD FLOORNa - - - SALEM, MA 01970 TEL. (978) 745-9595 I FAX (978) 740-9846 {o 101F.DED'1311 1.3. STANLEY J. USOVICZ, 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. Ct 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 S'C Board of Appeal, Memb y� DECISION OF THE PETITION OF KEVIN HERBERT (REQUESTING 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 or is recorded and noted on the owner's Certificate of Title. Board of Appeal Co r CITY OF SALEM MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR y� ')A6' SALEM, MAO 1 970 _ Aq��MINB TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR July 28, 2003 Robert Herbert �® . �¢' 4 Rice Street ��11 Salem, Ma. 01970 RE: 4 Rice Street Dear Mr. Herbert: This Department has received complaints about the lean to recently constructed on the rear of your garage. The "lean to" is too close to your property line violating City of Salem Section 7-8 "Accessory Structures". You are directed to remove the "lean to" within 30 days or file a Variance request to the Board of Appeals also within 30 days. If you have any questions, please contact this office. Sincerely, �y'1nl Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Councillor Flynn cmxt�b JOSEPH F. COLLINSA I♦ E LEONARD F. FEMINO ASSISTANT CITY SOLICITOR TMJ — J? ASSISTANT CITY SOLICITOR R!'uln..u•� 93 WASHINGTON STREET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND 22 SO. MAIN STREET MICHAEL E. O'BRIEN ONE SCHOOL STREET TOPSFIELD, MA 01983 CITY SOLICITOR BEVERLY, MA 01915 745-4311 93 WASHINGTON STREET 745-4311 887-6401 AND 921-1990 PLEASE REPLY TO 22 SO. MAIN STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET June 2 , 1989 William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: 4 Rice Street, Salem Dear Mr. Munroe: Please be advised I have investigated the use of the above entitled real estate and based upon the information furnished me, it is my opinion that it was a lawful one-family prior to adoption of the Zoning Ordinance on August 27, 1965. Accordingly, it should be afforded the protection of Section VIII (E. ) of the aforementioned ordinance relative to nonconforming uses and, thus, it' s current use as a one-family is permissible. Vetruly yours / ichael E. O'Brien MEO/jp cc: Henry Southam CITY OF SALEM, MASSACHUSETTS ' ,• • BUILDING DEPARTMENT 120 WASHINGTON STREET, 3"°FLOOR �. � TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL THOMAS ST-PIERRE MAYOR DIRECTOR OF PUBLIC PROPERTY/BUILDING COMNIISSIONER Kevin Herbet ' 23 Orchard Street Salem,Ma.01970 VIOLATION NOTICE PROPERTY LOCATION -#4 Rice Street The above listed property has been found to be in violation of the following State Codes and/or City Ordinances : City of Salem Ordinance #24-21 Keeping of unregistered vehicles. This Ordinance prohibits the keeping of an unregistered or uninspected vehicle for more s of' than 15 days. The vehicles need to be in compliance or removed within 15 da Y P Y receipt of this letter. This ordinance carries a$50 per day fine . If you have any questions, contact me directly. Sr eerely , 0 Thomas J. Sh. Pierre Building Commissioner/Zoning officer CC: file, i 'CITY OF SALEM9 MASSACHUSE - - BOARD OF APPEAL - 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 "MO• FAx (978) 740.9846 70 STANLEY J. USOVICZ, 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. 1, • 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 . Board of Appeal, Memb SC • i - • 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 or is recorded and noted on the owner's Certificate of Title. Board of Appeal • r `'CITY OF SALEM, MASSACHUFSE2 BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 ;fne�n S Q FAX (978) 740.9846 STANLEY J. USOVICZ,-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 SC Board of Appeal, Memb J • k • 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 or is recorded and noted on the owner's Certificate of Title. Board of Appeal • •