13 NICHOLS STREET - ZBA (2) i
13 NICHOLS STREET 4
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Legal Nafice
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 Sandra Olivarequesting
Variances from minimum lot area,
minimum lot width, minimum
depth of rear yard, and minimum
depth of front yard to construct a
single family dwelling for the proper-
ty located at 13 Nichols Street R-1.
Said hearing to be held Wednesday,
January 19, 2000 at 6:30 P.M., One
Salem Green,2nd Floor.
Nina Cohen
Chairman
(1/5,12)
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of $Arm, cmttssadjusetts
4 Poarb of Appeal
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DECISION OF THE PETITION OF SANDRA OLIVER REQUESTING A VARIANCE ire
FOR THE PROPERTY LOCATED AT 13 NICHOLS STREET R-1CD "
A hearing on this petition was held January 19,2000 with the following Board Membem
present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Stephen Buczko and
Richard Dionne. 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, Sandra Oliver, is requesting Variances from minimum lot width, minimum
depth of rear yard, and minimum depth of front yard to construct a single family dwelling
for the property located at 13 Nichols Street located in an R-1 zone.
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
structures involved and which are not generally affecting other lands, buildings and
structures involve.
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. Attorney George Atkins, 59 Federal Street, represented the petitioner.
2. Ed Rennick, 8 Albion Street spoke in favor and also requested a retaining wall be
constructed to stop further erosion along his property line.
3. Attorney William Dimento representing Elizabeth Fallon of 6 Albion Street was in
favor as long as a fence be constructed along the entire rear property line, and the
large trees be removed. Robert McGowan, 2 Albion Street also requested the same
relief.
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DECISION OF THE PETITION OF SHARON OLIVER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 OLIVER STREET R-1
page two
4. Nancy Hersey, 12 Nichols Street and Councillor O'Leary spoke in favor of the
Variance requested as well a petition with 32 names was submitted in favor of the
petition.
5. Debbie Marchand, 3 Butler Street was opposed to the proposed petition.
Therefore, the Zoning Board of Appeals concludes as follows;
1. The variance for the property in question can be granted without substantial
detriment to the public good or without nullifying and substantially derogating from
the intent to the district or the purpose of the ordinance, subject to the following
conditions.
On the basis of the above findings of fact, and on, the presented at the Zoning Board of
Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to the
following condition;
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 and
approved by the Building Inspector.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. Removal of existing garage.
9. Remove trees along rear property line. rQ
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10. Construct a 6' high stockade fence along rear property line.
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11. No additional structures such as shed or garages be constructed. 7,1
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DECISION OF THE PETITION OF SHARON OLIVER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 NICHOLS STREET
page three
12. Construct fence 6' stockade along the right side property line (Butler St. side) and
repair if needed the retaining wall along the same property line.
Variance Granted
January 19, 2000
Stephen Harris, Member
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
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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DECISION OF THE PETITION OF SANDRA OLIVER REQUESTING A VARIANCE J
FOR THE PROPERTY LOCATED AT 13 NICHOLS STREET R-1
A hearing on this petition was held January 19,2000 with the following Board Members
present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Stephen Buczko and
Richard Dionne. 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, Sandra Oliver, is requesting Variances from minimum lot area, minimum
lot width, minimum depth of rear yard, and minimum depth of front yard to construct a
single family dwelling for the property located at 13 Nichols Street located in an R-1
zone.
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
structures involved and which are not generally affecting other lands, buildings and
structures involve.
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. Attorney George Atkins, 59 Federal Street, represented the petitioner.
2. Ed Rennick, 8 Albion Street spoke in favor and also requested a retaining wall be
constructed to stop further erosion along his property line.
3. Attorney William Dimento representing Elizabeth Fallon of 6 Albion Street was in
favor as long as a fence be constructed along the entire rear property line, and the
large trees be removed. Robert McGowan, 2 Albion Street also requested the same
relief.
DECISION OF THE PETITION OF SHARON OLIVER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 OLIVER STREET R-1
page two
4. Nancy Hersey, 12 Nichols Street and Councillor O'Leary spoke in favor of the
Variance requested as well a petition with 32 names was submitted in favor of the
petition.
5. Debbie Marchand, 3 Butler Street was opposed to the proposed petition.
Therefore, the Zoning Board of Appeals concludes as follows;
1. The variance for the property in question can be granted without substantial
detriment to the public good or without nullifying and substantially derogating from
the intent to the district or the purpose of the ordinance, subject to the following
conditions.
On the basis of the above findings of fact, and on, the presented at the Zoning Board of
Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to the
following condition;
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 and
approved by the Building Inspector.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
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8. Removal of existing garage. =s .:
9. Remove trees along rear property line.
10. Construct a 6' high stockade fence along rear property line.
11. No additional structures such as shed or garages be constructed. rn-r� x,
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DECISION OF THE PETITION OF SHARON OLIVER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 13 NICHOLS STREET
page three
12. Construct fence 6' stockade along the right side property line (Butler St. side) and
repair if needed the retaining wall along the same property line.
Variance Granted
January 19, 2000
Stephen Harns, Member
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
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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Petition
to
the City of Salem Board of Appeals
WE, THE UNDERSIGNED ARE IN FAVOR OF GRANTING ANY VARIANCE NEEDED TO BUILD ON
THE PROPERTY AT 13 NICHOLS STREET, IN SALEM MA
NAME ADDRESS PRECINCT
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Petition
to
AAA the City of Salem Board of Appeals
WE, THE UNDERSIGNED ARE IN FAVOR OF GRANTING ANY VARIANCE NEEDED TO BUILD ON
THE PROPERTY AT 13 NICHOLS STREET, IN SALEM, MA
NAME ADDRESS PRECINCT
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Petition
....... ... ..... .. . . .
to
the City of Salem Board of Appeals
WE, THE UNDERSIGNED ARE IN FAVOR OF GRANTING ANY VARIANCE NEEDED TO BUILD ON
THE PROPERTY AT 13 NICHOLS STREET, IN SALEM, MA
NAME ADDRESS PRECINCT
--s ----------------------- ---- --------
Wednesday,January 19,2000
I,Patricia Rennick, have been waiting for a response about how the land between my
property at 8 Albion Street and the land at Sandra Oliva's property at 13 Nichols Street
in Salem will be supported so as to stop the dirt that is now eroding away into her
property . I am afraid if they dig down any further that I will loose a large portion of the
dirt as I am already loosing quite a bit. Since her property is dug down so deep already, I
would have to insist that a retaining wall be built before any digging is done so that I
don't loose my yard. I only object to the plans if there isn't something in writing stating
that a retaining wall Will be built. If it is stated in the plans that a retaining wall must be
built,then I do not object to the building of the house which will be closer to the border
of my yard than the zoning code requires.
SinI y
Patricia Rennick
8 Albion Street
Salem,Ma. 01970