18 NICHOLS STREET - ZBA S�
D
[ 'Legal Notice
CRY OF SALEM
g BOARD OF APPEAL
�s 3 978-745-9595,ExL 381
iblic will hold a public hearing for all per-
sons interested in the petition submit-
!ad. led by HARRY & CHARLIE VER-
IVATES requesting a Variance from
a,7 side yard, front yard and lot area to
rve. remove existing structure and
tall, rebuild on existing foundation for the
property located at 18 Nichols Street
,30 R-2. Said hearing will be held on
Wednesday,April 20,2005 at 6:30
p.m., 120 Washington Street, 3rd
floor,Room 313.
Nina Cohen,Chairman '
(4/6,13)
?s
I �.
CITY OF SALEM9 MASSACHUSETT,5 ` Ui :iALLt1. CIA
BOARD OF APPEAL CLERKS OFFICE
0
120 WASHINGTON STREET, 3RD FLOOR
fl N6 SALEM, MASSACHUSETTS 01970
STANLEV J. LISOVICZ, JR. TELEPHONE: 978-745-9595 1005 APR 29 A 10: 09
MAYOR FAX: 978-740-9846
DECISION ON THE PET TION OF HARRY& CHARLIE VERVATES
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18 NICHOLS
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, Edward Moriarty,Nicholas Helides and
Bonnie Belair. 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 side yard, front yard and lot area to remove
existing structure and rebuild on existing foundation for property at 18 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 Petitioners appeared and presented their petition and request for relief.
2. The Petitioners purchased the property about six(6)months ago and attempted to
commence some modest renovations, only to find that the structure of the
premises was infested with termites to such a severe and substantial extent that
the entire structure could not be saved by piecemeal repairs.
J
Ci U� ALEt1. MA
CLERK'S OFFICE
1005 APR 29 A 10. 0.9
DECISION OF THE PETITION OF HARRY & CHARLIE VERVATES
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18
NICHOLS STREET R-2
page two
3. Petitioners' representations were supported by dramatic photos indicating the
scope and severity of the termite infestation as it related to the structural supports,
beams, sill,and the like,of the building.
4. A neighbor,on behalf of her deceased mother's estate and premises abutting the
property,Ms. Kay Durkin, spoke about her concern about rebuilding the premises
regarding an abutting/contiguous retaining wall which could impact adversely the
premises of Ms. Durkin's mother's estate.
5. Petitioners indicated that they would be personally rebuilding the retaining wall in
question in a good and workmanlike and safe manner which would further be to
the reasonable satisfaction of Ms. Durkin and her safety and structural concerns.
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 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
I. 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.
LIB ! Ji ..A' LEl l� M
CLr K S OFFICE
DECISION OF THE PETITION OF HARRY& CHARLIE VERVATES
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 18 NICHOL4095 APR 29 A I� G
STREET R-2
page three
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board.
8. The petitioner/owner shall repair and/or replace the existing retaining wall, as
necessary,in a good and workmanlike manner, in accordance with any and all
applicable and/or state building codes.
VARIANCE GRANTED
APRIL 20, 2005
Edward Moriarty, 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 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
N / F N / F
Owners Unknown John & April
Downing
Assessor's Map 15, Lot 263 Assessor's Map 15, Lot 262
50.00' � —jam
AREA =
3,800 f S.F.
00
PROPOSED
ADDITION o
N / F 6' x11 .5'�� N / F
r, Katherine M. Creane
Owners Unknown o ��
^ Assessor's Map 15, Lot 246
Assessors Map 15, Lot 244 `
NO. 18
` DWELLING
1 1/2 Sty
Wood
— 50.00'
cd
N l C H 0 L S STREET
v�"a?
DAInD��
PH'LIP
T-
PLOT PLAN of LAND
aa.- °.=Stz3 `U cam$ in
SALEM, MASS.
Assessors Map 15, Lot 245
Proposed Lot Coverage = 21 % t Prepared For:
Deed Reference: Book 22725, Pg 446 GREGORY VERVATES
SCALE: 1" = 20' FEBRUARY 22, 2005
NOTE: THIS PLAN WAS PREPARED FROM A REID LAND SURVEYORS
TAPE SURVEY AND IS INTENDED FOR BUILDING
INSPECTOR PURPOSES ONLY. OFFSETS SHOWN 365 CHATHAM ST., LYNN, MASS.
ON OR SCALED FROM THIS PLAN ARE
APPROXIMATE ONLY AND SHOULD NOT BE CONTROL #:R05-040
USED TO DETERMINE PROPERTY LINES. DPT