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
•
•