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Legal
Legal Notice
i CITY OF SALEM
BOARD OF APPEAL ,
745-9595 Ext 381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JERRY & PAMELA RYAN
requesting a Variance from number of
stories to allow a third floor dormer
for the property located at 4 NICHOLS
STREET R-2. Said hearing will be
held on WEDNESDAY,JANUARY 19, ,
2005,6:30 P.M., 120 WASHINGTON
STREET,3RD FLOOR,ROOM 313.
Nina Cohen I
t Chairman 1
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CITY OF SALEM9 MASSACHUSETL'{Si u'i' a^NLEM, MA
BOARD OF APPEAL
CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 '/ _
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 JAN 2b A IO' 51
MAYOR - FAX: 978-740-9846
DECISION ON THE PETITION OF JERRY&c PAMELA RYAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 4 NICHOLS STREET R-2
A hearing on this petition was held on January 19, 2005 with the following Board
Members present;Nina Cohen Chairman, Richard Dionne, Edward Moriarty and Steven
Pint.-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 the number of stories to allow a third floor
dormer for the property at 4 Nichols Street located in an 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 structures 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 plane,makes the following findings of fact:
1. The Petitioner appeared and represented himself at the hearing.
2. Plans were submitted showing the proposed third floor dormer.
3. The area will be approximately 900 square feet and the home will remain a two
family dwelling.
.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF JERRY& PAMELA RYAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 4 NICHOLS STREET R-2
page two
On the basis of the above findings of fact, and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
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 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature, ordinance, codes and
regulations.
2. All construction shall be done as per the plans 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. Petitioner shall obtain a Certificate of Occupancy.
6. The dwelling shall remain a 2 family residence.
Variance Granted
January 19,2005 /
chard Dionne
Board of Appeal C5
r
DECISION OF THE PETITION OF JERRY& PAMELA RYAN REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 4 NICHOLS STREET R-2
page three
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 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
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496 ALINA & MARK CHESLEY YVONNE JODOIN
REC. BK. 2167 PG. 566 REC. BK. 4966 PG. 353
PLAN 10/1948 PLAN 10/1948
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MAG NAIL 1.5' 85.00 N44'04'44"E DRILL HOLE
SET SET
NOTES:
N I C H 0 LS (PUBLIC — VARIABLE WIDTH) STREET 1. TOTAL AREA = 5738 t S.F.
2. BUILDING CONSTRUCTION IS GRANITE BLOCK FOUNDATION,
ALUMINUM SIDING AND ASPHALT SHINGLE ROOF.
3. BENCHMARK— SEWER MANHOLE RIM = 98.3 FEET
O (ASSUMED DATUM).
BENCHMARK 4. FIRST FLOOR ELEVATION = 100.0'.
5. BUILDING #2-4 CONSISTS OF TWO UNITS NUMBERED 1 & 2.
6. DEED REFERENCE — RECORD BOOK 17185 PAGE 98.
7. THIS PLAN IS THE RESULT OF AN INSTRUMENT SURVEY.
8. THE BUILDING HAS NO NAME.
I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINES
DIVIDING EXISTING OWNERSHIPS AND THE LINES OF STREETS AND FOR YOUR APPROVAL
WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS
FOR REGISTRY USE ONLY ALREADY ESTABLISHED AND NO NEW LINES FOR DIVISION OF
EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN.
CHAPTER 41 SECTION 81X PLAN OF LAND
IN
I CERTIFY THAT THIS PLAN CONFORMS TO THE SALEM
RULES AND REGULATIONS OF THE REGISTERS OF DEEDS.
PREPARED FOR
I CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE
LAYOUT, LOCATION AND DIMENSIONS OF THE BUILDINGS AT GRAPHIC SCALE 2 & 4 N I CH OLS STREET CONDOMINIUM
2 & 4 NICHOLS STREET, SALEM, MA., AS BUILT AND FULLY e 0 a a is 32 SCALE 1" = 8' JUNE 9, 2004
LISTS THE UNITS CONTAINED THEREIN. U3 F-7173 NORTH SHORE SURVEY CORPORATION
( IN FEET
47 LINDEN STREET — SALEM, MA
)
DATE REGISTERED PROFESSIONAL LAND SURVEYOR 1 inch = 8 fL
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