22 NICHOLS STREET - ZBA ❑ ❑
- 22 NICHOLS STREET
{ GAUTHIER REALTY TRUST
Legal Notice -
COF SALEM
BOOF APPEAL
CITY
745-9595 Ext.361
Will hold a public hearing for all
persons interested in the petition sub-
mitted by GAUTHIER REALTY
TRUST requesting a Variance to
allow three dwelling units and a
Variance to the parking require-
ments to allow the two off-street
parking spaces for property located
at 22 NICHOLS STREET, R2.Said
hearing to be held WEDNESDAY,
MARCH 20, 2002 at 6:30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR,ROOM 313,
Nina Cohen
Chairman
(3/6,13) �,
o CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL CITY OF SALEM..MA
�r 120 WASHINGTON STREET, 3RD FLOOR CLERK'S OFFICE
SALEM, MA 01970
TEL. (978) 745-9595
�Q FAX (978) 740.9846
STANLEY J. USOVICZ, JR.
MAYOR 200Z APR -2 P h 9 U
DECISION OF THE PETITION OF GAUTHIER REALTY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 22 NICHOLS STREET R-1
A hearing on this petition was held March 20, 2002 with the following Board Members
present: Nina Cohen, Richard Dionne, Nicholas Helides, Bonnie Belair and Stephen
Harris. 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 to allow three dwelling units and a Variance to
the requirements to allow the two off street parking spaces for the property located at 22
Nichols Street located in an R-1 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
structure 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 plans, makes the following findings of fact:
1. The Petitioner, Gauthier Realty Trust, Pamela Gauthier McElmon is the owner of
property located at 22 Nichols Street.
2. Attorney Joseph Correnti, 63 Federal Street represented the petitioner.
3. The property has been used as a multi-family dwelling since the mid 1970's, first as a
two family and than as a three family in this R-1 district.
4. The plan as presented shows that the petitioner has two off-street parking spaces on
the promises.
5. The petitioner seeks a Variance to allow the existing three dwelling units in this R-1
zone.
y
DECISION OF THE PETITIONOF GAUTHIER REALTY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 22 NICHOLS STREET R-1
6. No changes are proposed to the premises.
7. Since 1978, the property has been rented and occupied as a three-family, with no
members of the family living there.
8. The petitioner submitted a copy of the City of Salem Building Department street card
That lists the dwelling as a three-family, as well as assessors record prepared by
Patriot Properties for the City of Salem, which listed the dwelling as a three-family.
9. A petition with the signatures of six neighbors supporting the petition was submitted.
10. An abutter to the property Mr. Butler of 24 Nichols Street spoke in opposition the
Petition to allow the three family use, stating that parking on Nichols Street was
extremely tight.
11.The petitioner, Pamela Gauthier McElmon,testified that when her family purchased
the property in 1977, there were separate kitchens on the first and second floors of
the dwelling.
12.Ward 4 Councillor O'Leary stated that in the several decades that he has walked
through this neighborhood, he always believed that the property was a two family
residence and suggested that the petitioner may want to modify its petition to seek
the allowance of two dwelling units rather than three dwelling units.
13.The Petitioner's Attorney, Joseph Correnti, after consultation with the petitioner,
requested that the petition be modified to allow two dwelling units, as well as a
Variance to the parking requirement for two units.
14.The petitioner agreed to remove the third floor kitchen to ensure that the premises
only be used as a two family.
15.The petitioner testified that she was managing the estate of her deceased father,
who originally purchased this property, and whose estate is the beneficial owner of
the Realty Trust, and that a denial of the Variance requested would cause a
substantial financial hardship to the petitioner.
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. Special conditions exist which especially affect the subject property but not the
district in general.
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.
y
DECISION ON THE PETITION OF GAUTHIER REALTY TRUST REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 22 NICHOLS STREET R-1
page three
Therefore, the Zoning Board of Appeal voted 4-1, to grant the Variances requested,
subject to 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 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. That the petition is hereby modified to request a variance to allow two dwelling units
and a Variance to the parking requirements for two units.
6. That all tenant separation between the second and third floor.units be removed and
that the third floor stove and other cooking appliances be removed, and that no
cooking facilities are allowed on the third floor.
VARIANCE GRANTED
MARCH 20, 2002 �.C/Lfil
Stephen Harris, CSCp
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.
Board of Appeal
PETITION
WE, THE UNDERSIGNED, HEREBY SUPPORT THE PETITION OF PAMELA
GAUTHIER, TRUSTEE, OF GAUTHIER REALTY TRUST, REQUESTING A VARIANCE
FOR PARKING AND A USE VARIANCE TO ALLOW AN EXISTING THREE FAMILY
HOUSE AT 22 NICHOLS STREET, IN THIS R-1, RESIDENTIAL ZONE.
WE, THEREFORE, URGE THE BOARD OF APPEAL TO GRANT THE REQUESTED
RELIEF.
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47 LINDEN ST., SALEM, MA #1856