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Legal Notice
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� CITY OF SALEM
I BOARD OF APPEAL
978-745-9595,Ext 381
1 will hold a public hearing for all per-
sons interested in the petition submit-
i ted by MICHAEL&NANCY RUGIEL ,
requesting a Special Permit per Sec-
tion 8-4 to alter a nonconforming
structure and a Variance from side
yard setback for a proposed second
t means of egress and a Variance from ,
lot coverage for the property located at
45 March Street R-2 Said hearing will
1 be held on Wednesday, April 20,1
2005, 6:30 p.m., 120 Washingtona
Street,3rd floor,Room 313.
Nina Cohen,Chairman
(4/6,13)
{
CITY OF SALEM MASSACHUSETTI SOF SPLEM, MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 7 [ e (� p
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 „7005 APR 29 A IO' O9
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF MICHAEL&NANCY RUGIEL REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 45
MARCH STREET R-2
A hearing on this petition was held on April 20,2005 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Bonnie Belair,Nicholas Helides and
Edward Moriarty. Notice of the hearing was sent to abutters and others and notices of the
hearing were properly published in the Salem Evening New in accordance with
Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit per Section 84 to alter a non-conforming
structure and a Variance from side yard setback for the property located at 45 March
Street R-2 Zone.
The provisions of the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is Section 5-3 0),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 Sections 8-6
and 9-4, grant Special Permit for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 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 Variances which have been requested may be granted upon a finding of the 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 or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
DECISION OF THE PETITION OF MICHAEL&NANCY RUGIEL REQUESTING A
SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 45
MARCH STREET R-2
page two
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 or
of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Petitioners,Michael&Nancy Rugiel,and their Architect,David F. Jacquith,of
Beverly, appeared and presented this petition for relief in the form of a Special
Permit and Variances as above-referenced.
2. Detailed plans were shown relative to the relief requested, including the proposed
reconstruction creating an alteration in the pre-existing, non-conforming, four-
unit, residential structure with specific violation of Zoning Ordinance dimensional
requirements relative to side yard setback, second means of egress and increased
lot coverage with no increase in density.
3. Petitioners represented that all neighbors were in favor of the project.
4. There was no opposition to this petition.
5. The proposed new construction would not increase density nor present any
problems relative to on-street parking,while enhancing this unique property's
water views.
On the basis of the above findings of fact,and on the evidence presented at the
hearing the Zoning Board of Appeal concluded as follows:
1. Special conditions do exist which especially affect the subject property but not the
district in general.
.j
vALEM, MA I,
CLERK'S OFFICE
DECISION OF THE PETITION OF MICHAEL&NANCE RUGIE11005 APR 2 9 A as 10
REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY
LOCATED AT 45 MARCH STREET R-2
page three
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
4. The reliefuested can
ted without substantial req gran tan al detriment to theP ublic
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the ordinance.
5. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants,
Therefore, the Zoning Board of Appeal voted, 5 in favor and 0 in opposition to grant the
relief requested with 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-
3.
ubmitted3. 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. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain approval from any City Board's or Commission having
Jurisdiction, but not limited to the Planning Board.
SPECIAL PERMIT&VARIANCE
GRANTED Edward Moriarty
APRIL 20,2005 Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WrM 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 or the owner of
record or is recorded and noted on the owner's Certificate of Title.
Board,of Appeal
U2%2512005 16:56 FAY 97692TUDOO DAVID JAQUITH ARCHITECTS VU2
David F . Jaquith , AIA
ArcL"ltecta do P1anAer9
25 FftruarY 2005 t
Mr.a Mrs. wham R"w
703 GSJ�iett ev"
Peabody, MWe 019W
Re: RGnQV4bOn of Existing Apartn ert(luJOV
45 March Street
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To The Belem Board of ApWw,
Ueted bsloW are the abMFO and M04MOM WPO;nave rOftWed Wiftut Ob*tion to the gene for the
proposed renovattone b an WAng 4 Ot ouAding at 46 March 9trset.UOM, MtaeseChusatts.
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8 Enon Street , Beverly , Massachusetts 0191. 5
: el . 978 927 . 7501 Fax 978 927 - 0058