0004 CHARLES STREET - BLDG JACKET W/ZBA DECISION {
4 CHARLES STREET
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UPC 10333
No. 153L-3br '�
HASTINGS. LIN
of 6alem, 01a!g!6arbu5ettg
CITY OF SALEM. MA
�3oarb of 4peaC CLERK'S OFFICE
'1000 OCT 23 P 2 25
DECISION OF THE PETITION OF PETER & NANCY SMITH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED ATWCHARLES.STREET R_J
A hearing on this petition was held October 18, 2000 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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 Variances from density requirement to allow the current
property to continued to be used as a two (2) family dwelling on an existing 4,000 square
foot lot
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. Attorney Jerry A. Perricella represented the petitioners.
2. Nineteen abutters signed a petition in favor of the appeal.
3. There was no opposition
4. The property has been used as a two family.
5. There is sufficient parking for at least 3 cars.
6. Premises was constructed in 1910, therefore other dimensional requirements existed
prior to enactment of zoning.
DECISION OF THE PETITION OF PETER & NANCY SMITH REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 4 CHARLES STREET R-2
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 statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
Variance Granted
October 18, 2000 1 `�
Richard E. Dionne, Member
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 Laws Chapter 40A, and shall be filed within 20 days after the
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.
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