4 FRIEND STREET - ZBA �J
4 Friend St. R-2
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DECISION ON THE PETITION OF WILLIAM & JEAN CHIGAS FOR A ;n
VARIANCE AT 4 FRIEND STREET (R-2) N L
A hearing on this petition was held November 2, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, Nina Cohen and Albert Hill. 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.
Petitioner, owner of the property, is requesting a Variance from front
setback to allow construcation of a dormer at 4 Friend Street. This
property is located in a (R-2) district.
The Variances which have been requested may be granted upon a finding by
this Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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. There was no opposition to the proposed request.
2. The change will not alter the existing foorprint of the dwelling.
3. The proposed change will allow the petitioner a better and fuller use
of the property.
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. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
DECISION OF THE PETITION OF WILLIAM & JEAN CHIGAS FOR A
VARIANCE AT 4 FRIEND STREET, SALEM
page two
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, 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 the plans and dimensions
submitted.
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.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
November 2, 1994
Albert C. Hill
Board of Appeal
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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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. o
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DECISION ON THE PETITION OF WILLIAM & JEAN CHIGAS FOR A r
VARIANCE AT 4 FRIEND STREET (R-2) N Lz
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A hearing on this petition was held November 2, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, Nina Cohen and Albert Hill. 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.
Petitioner, owner of the property, is requesting a Variance from front
setback to allow construcation of a dormer at 4 Friend Street. This
property is located in a (R-2) district.
The Variances which have been requested may be granted upon a finding by
this Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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. There was no opposition to the proposed request.
2. The change will not alter the existing foorprint of the dwelling.
3. The proposed change will allow the petitioner a better and fuller use
of the property.
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 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
DECISION OF THE PETITION OF WILLIAM & JEAN CHIGAS FOR A
r' VARIANCE AT 4 FRIEND STREET, SALEM
page two
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, 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 the plans and dimensions
submitted.
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.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
November 2, 1994 pp
Albert C. Hill
Board of Appeal
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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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. oz
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DECISION ON THE PETITION OF WILLIAM & JEAN CHIGAS FOR A y
VARIANCE AT 4 FRIEND STREET (R-2) y L
A hearing on this petition was held November 2, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, Nina Cohen and Albert Hill. 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.
Petitioner, owner of the property, is requesting a Variance from front
setback to allow construcation of a dormer at 4 Friend Street. This
property is located in a (R-2) district.
The Variances which have been requested may be granted upon a finding by
this Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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. There was no opposition to the proposed request.
2. The change will not alter the existing foorprint of the dwelling.
3. The proposed change will allow the petitioner a better and fuller use
of the property.
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. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
DECISION OF THE PETITION OF WILLIAM & JEAN CHIGAS FOR A
VARIANCE AT 4 FRIEND STREET, SALEM
page two
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, 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 the plans and dimensions
submitted.
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.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
November 2, 1994
Albert C. Hill
Board of Appeal
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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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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THE EOARD OF APPEALS:
-``e unaersi ned represent that `'e s are -he owners cf a certain oarcel of land located
2/Ec!J� . 5 •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . treet; _onina District. . . . . .
. . . . . . . . . . . . . . ,E�t. . . . . . . . . . . . . . . and said oarcel iS off eCted :)v S2Cti0nlS .l . . . . . . . . . . . . . . . .
.i '"e :'aSSdCnU5eLt5 State Buildina Cade.
Tans cescribing the work proposed, have been submitted to the Inspector of Buildings in
accoraance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Owner/z)�x4W—. �zk)
Address. %\E � . 5 �. 544, , i.�� ..
Telephone. . J �y�. �/��`1• .. .
Peti ti onp-r--
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Address . .7 . 2i.. . . .�/.
Jgy7 /. . . _elephhone �`J4.
BY'L/��� %C c- �� :"` `. . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
,ppeais with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
'our :seeks ;rior to the meeting of the Board of Appeals . Check payable to The
venino News.
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. . . . . . . . . . . . . . . . . . . . . . . .
�-�-`�� �tIU III �IIlPTIT, ,.:,�c'I�StiLftllSP2t5
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'7 THE DOARD OF APPEALS:
_' e inaersigned represent that e s are -..":e owners cf a certain cartel of land located
n
FP/�iY�. . . . . . . . Street; on District. . . . . .
. . . . . . . . . ./aw. . . . . . . . . . . . . . . . . . . ..no Said oarr_el iS aiTeCtea :)V Sectlpnts ) . . . . . . . . . . . . . . . .
'assachusetts State Buiidina Code.
lans aescribing the work proposed, have been submitted to the Inspector of Buildings in
:ccoroance with Section IX A. 1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for thig fd -owing
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
/PL,�l�CS Sv6m; — :�tz r/AeiAt�C� Tr�rZav7� SE7-ate.
,�2 �J
Address. . i6
Telephone�. `veJ.).7 � — ?/n� . . . . . . . . . ..
Peti ti one . . . .
. . . . .
Address.�// �iE....
ate. (21
. . .` •�/ •y/ .. . . ... . . ... . . . . . . . . . .
n
TelephotM_ .-
�hree
f�/ ��. .. . . .. . . . . . . . . . .
Y�
copies or the application must be filed with the Secretary of the Board of
;ppeais with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
-our weeks prior to the meeting of the Board of Appeai_ . Check payable to The
E /ening flews.
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❑ ❑
10-14-94.13:54:08.53729-LO T
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by WILLIAM &
JEAN CHIGAS for a Variance for front setback
to allow construction of a dormer at 4 FRIEND
STREET(R-2).Said hearing to be held WEDNES-
DAY, NOVEMBER 2, 1994 AT 6:00 P.M., ONE
SALEM GREEN, second floor.
STEPHEN TOUCHETTE, Chairman
October 19, 26, 1994 SN53729
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DECISION ON THE PETITION OF WILLIAM & JEAN CHIGAS FOR A
VARIANCE AT 4 FRIEND STREET (R-2) N L
A hearing on this petition was held November 2, 1994 with the following
Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen
O'Grady, Nina Cohen and Albert Hill. 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.
Petitioner, owner of the property, is requesting a Variance from front
setback to allow construcation of a dormer at 4 Friend Street. This
property is located in a (R-2) district.
The Variances which have been requested may be granted upon a finding by
this Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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. There was no opposition to the proposed request.
2. The change will not alter the existing foorprint of the dwelling.
3 . The proposed change will allow the petitioner a better and fuller use
of the property.
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. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioners.
2. Desirable relief can be granted without substantial detriment of the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
�I
DECISION OF THE PETITION OF WILLIAM & JEAN CHIGAS FOR A
F=/ VARIANCE AT 4 FRIEND STREET, SALEM
page two
3. Special conditions exist which especially affect the subject property
but not the district in general.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, 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 the plans and dimensions
submitted.
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.
6. A Certificate of Occupancy is to be obtained.
Variance Granted
November 2, 1994
/jtxkJ
Albert C. Hill
Board of Appeal
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 certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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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V DATE OF HEARING
PETITIONER
LOCATION
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MOTION: TO GRANT SECOND ti AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT— f
ALBERT C. HILL
STEPHEN O'GRADY
STEPHEN TOUCHETTE-
NINA V. COHEN rE
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
CONDITIONS:
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