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3 WHITE STREET - BUILDING INSPECTION LJ ill IcY«F" n10330 1o;15 woo HASTINGS, MN � � � � J � � �� ; �� �: ^l oorom CITY OF SALEM9 MASSACHUSETY4- " (?,[ c n i BOARD OF APPEAL CL ERl -L �, 120 WASHINGTON STREET, 3RD FLOOR , SALEM, MA 01970 TEL. (978) 745-9595 STANLEY J. USOVICZ, JR. Fax (978) 740-9846 �tJ1JL' JUL 25 P 2. 39 MAYOR DECISION OF THE PETITION OF CLAUDIA CHUBER REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT3&WHITE STREET-R1=::� A hearing on this petition was held July 17, 2002 with the following Board Members present: Nina Cohen, Joan Boudreau, Richard Dionne, Bonnie Belair and Nicholas Helides 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 yard setback to construct a deck for the property located at 3 White Street R-1 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 appeared and represented herself at the hearing 2. Plans were submitted showing the proposed deck to be constructed. 3. The proposed deck would have a rear setback of approximately 2 1/2 feet. 4.There was no opposition to this petition. . DECISION OF THE PETITION OF CLAUDIA CHUBER REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 WHITE STREET R-1 page two 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 in general. 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 5-0 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 construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 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 structure. VARIANCE GRANTED July 17, 2002 �Q� ,� Joan Boudreau CS Com, Board of Appeal ti _ m cn c�cn C r' -J DECISION OF THE PETITION OF CLAUDIA CHUBER REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3 WHITE STREET R1 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 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 c C, r- Z C/3 C^ 7D 71 O r -° D r 4` j. i# of ,S'ailrm, ttssttcllu�P##s s A. z Poara of �ppeal DECISION ON THE PETITION OF ROBERT OUELLETTE FOR A SPECIAL PERMIT FOR 3 WHITE ST. , SALEM A hearingon this petition was held February 26, !V•6_ y tli he j} ing p y dW J & 9 ' ; Board Members present: James Hacker, Chairman; Me s C r fl B cal, Strout and Associate Member LaBrecque. Notice of the bearing was sent to abutters and others and notices of the hearing VF&V properly published in the Salem Evening News in accordance with Massac�,ffq,>rts� Ge�eLrti�ws Chapter. 40A. Petitioner, owner of the property, is requesting a Special Permit to recon- struct a two story building and to add a third story within the same footprint in this B-1 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction on nonconforming structures, and for changes,enlargement extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement, or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant .of the Special Permit will promote the public health, safety, convenience and welfare of the City' s inhabitants. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . Petitioner destroyed more than 507 of the building; 2. Several neighbors and abutters appeared and spoke in favor of the petition; 3. Abutting fraternal organization and its members spoke in opposition, 4 . There is not sufficient parking on this small lot. 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 . The Special Permit requested cannot be granted without substantial detriment to the public good. 2. The proposed plan is not in harmony with the purpose and intent of the ordinance and will not promote the safety and welfare of the City's inhabitants. DECISION ON THE PETITION OF ROBERT OUELLETTE FOR A SPECIAL PERMIT FOR 3 _WHITE ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, against granting the Special Permit requested. SPECIAL PERMIT DENIED ames B. Hacker, Chairma A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK V FAL FFO! THIS DECISION, IF ANY, SHALL BE KDE PURSUANT TO SECTION 17 DF THE UA-n ;, C..?.;TES K8. ANO SHALL-BE FILED WITHIN ZO DAYS AFTER THE DATE OF FlSflfl .. bf .• DEC:S.(;!.' C, T?" C"' ..F THE CITY CLERK. • ;.::'..:!:,;i iC i,. E� 1=..i'.. C.i.A?TER ZSS, S°CT:^Ii 11. THE VARIANCE OR U--,IkL P643i'T OF TEE D;CISIDN, BEAR!!' -.._ C.ZRI. F::,,... .;'d Jr ih� Clil L RS. ,... . : 6. !r EVE _L1 ,,E0 . '�� NO A.TEAL HAS B-- F!�-D. ArPck H B=EN FILE THA' R H'.� Dc.y p,,:ISSU) OR Di ` IS Rc.;CROED II, THE S..J•H ESS:?: R_'iSIRY OF DEEDS AND INDIXED UNDER, THE ".k;. OF THE O�iiFiER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S-CERTIFICATE OF TITLE, BOARD OF APPEAL r otv of ,4ttlem, C tt55c�CIluSPtts - :Y n 2q t: 1 i Poarb 0'{ �Fveal DECISION ON THE PETITION OF ROBERT OUELLETTE FOR A SPECIAL PERMIT FOR 3 WHITE ST. A hearing on this petition was held July 16, 1986 with thJbLfgloSr <.WBB Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming an Luzinski. notice of the hearing was sent to abutters and others and noticFp_g4 the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. C'1T1' Lt 5'..:.EN,M4SS Petitioner, owner of the property, is requesting a Special Permit to restore and : rebuild structure within the confines of the existing foundation for use as a single family dwelling in this B-1 district. The Board of Appeal voted unanimously, 4-0, that there is substantial difference between this petition and a petition submitted and subsequently denied on February 26, 1986. The Board will hear the petition. The provisions of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures,. and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that, such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of fact: 1 . Parking is available; 2. Single family will conform to lot area; 3. Prior building was a single family in poor condition, new building constructed on existing foundation would be a welcome improvement to the neighborhood; 4. If single family is not constructed this lot would be worthless. DECISION ON THE PEIIITON OF ROBERT OUELLETTE FOR A SPECIAL• PERMIT FOR 3 WHITE ST. , SALEM 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 . The proposed use will .be in harmony with the neighborhood and will promote the convenience and welfare of the City's inhabitants; 2. The relief requested can be granted without substantial detriment and without nullifying or substantially derogating from the intent or purpose of the Ordinance. 'P. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief requested, subject to the following conditions: 1 . A minimum of one (1 ) parking space must be maintained on site; 2. Buildingtis to set on exact foundation as shown on plan; 3. Applicant must surrender building permit for two family; 4. A Certificate of Occupancy must be obtained. SPECIAL PERMIT GRANTED ,�Zames B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING'BOARD AND THE CITY CLERK r_ ^ 17 DF iEE "AV. APPEAL FROM THIS DECISION. G A^'i. S'r:ALL BE MADE PURSUANT TO SE_I!."I THE •i N' GENERAL LAWS. CH:d1ER CDS. A�fD S,r 3E - - 'ii ry!'; 20 DA A4ER TP,_ CAiE Ci F,. : D7 HE CM CLERK. �••;" r5 SPE"I-L cc_R?.17 THE OF THIS DECIS C+ I THE Oc CE .'i It ti c r i'' - _F idc C...,: - ' .. �• I ���•: Lam.._.•. `-n OK•1HE OWNER S CERTIFIC;,, Gr TILE. OF EECCRO OR IS F.ECORDED AYD i'""" BOARD OF APPEAL 5� I -"M - 'ale-4 �' '+ a K t _. �i° ' . 0 sc .41 0 + lAt Z7 + rl e j + Pi !-AM15k .11 zn 59�1 NK no.. ov- Ly HOUSE USE OF SEVEN GABLES IDF THE ���on of ri�O AT Public Proper#g 3)epar#ineu# 9'�QMIN °°a'4 �� liilliitg �epMr#Wren# L Richard T. McIntosh One Salem Greene November 21,1983 745 -0213 Edward Sawicki Re: 3 White Street 21 Barr Street A/KJA'.Lot 282 Salem,Ma 01970 Assessor's Map 41 B-I Zoned Dear'Mr. Sawicki: In accordance with the provisions of Chapter 143 of the Massachusetts General Laws, Section '6 (enclosed) I am requiring you to immediately take the action that is necessary to properly secure the above referenced building or demolish it. _ Failure to „respond to the above will result in this matter being persued through the courts for their determination. s .VLe�ry truly yours, T� Richard T. McIntosh Zoning Enforcement Officer ` RTM:mo's cc: Therese McGrail George Nowak Councillor Ward I Certified Mail # P 474 720 687 ?y Ctg of '$tt1Em, �� /?< �iihlic �rIIjlEr#g �1•�ttr#mt'n# Pullbing B. tyartrunt Robert E. Gauthier S Proub ;frrrt 745-D2P3 July 22, 1980 Edward & Barbara Sawicki 21 Barr Street Salem, MA 01970 RE: 3 White Street Salem, MA 01970 Dear Sir: It has come to our attention that the uninhabited house located on the referenced property is .open to weather. We therefore order that you immediately take steps to secure the structure from entry by unauthorized persons. Enclosed is a copy oftheMassachusetts State Building Code pertaining to unsafe buildings. Very truly yours, Rqbert E. Gauthier Inspector of Buildings REG:dm cc: Fire Dept. Health Dept. enc. 3 4 �.eoNaT� Ctv of 1 Salem, fflttssar4usetts public ment uilbiug Drpartruent alMNe cP4 i 1 William H. Munroe One Salem Green 745-0213 April 29, 1985 Robert E. Blenkhorn Health Agent City of Salem RE: Property on White St. Dear Bob: In response to the attached complaint, I inspected property located to the rear of the V.F.W. Building on Essex Street with following findings: 1 . The property is presently vacant. 2. The front ingress door was not secure. 3. There is a considerable amount of trash on the site. I view of the above I feel this complaint would be better directed to your department. Please advise Ms. Earle of your findings and action's taken. Sincerely, William H. Munroe Inspector of Buildings WHM:bms cc: Councillor Nowak,' Ward I Dorothy Earle, 6 White St. 6 White Street, #4 Salem, MA 01970 April 23, 1985 William Munroe Building Inspector 1 Salem Green Salem, MA 01970 Dear Mr._ Munroe: s I am writing to inform you that the house across the street from us on White Street (behind the VFW) is dangerous and hazardous to the safety of the public. There are many windows which are wide open and the place overall is falling apart. I think the windows should at least be boarded up. I will be calling you in a few weeks to hear what is being done with the house. In the meantime, please call me at home (741-0569) or at work (727-0600) if you have any questions. Thank you. Sin erely, Dorot}y Earle, President Nathaniel's Landing Condo. (4 Association `L: P ty CO W;C U G; U