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25 NICHOLS STREET - ZBA 25 NICHOLS STREET - -- STEVEN MORAN I L 5O - vun'on'�{ h Legai Notice 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 STEVEN MORAN request- ing Variances from rear yard set- , back,side yard setback and relief from lot coverage and density to rebuild existing structure for the property located at 25 Nichols Street. R-2.Said hearing to be held Wednes- day,January 17,2001 at 6:30 P.M., One Salem Green,2nd Floor. Nina Cohen Chairman (1/3,10) Cite of baler, f am5arbagettO wc y F S 0 F S MA Aoarb of 9ppeai E .2001 MAR -8 p 4, 53 DECISION OF THE PETITION OF STEVEN MORAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 NICHOLS STREET R-2 A hearing on this petition was held January 17, 2001 and continued to February 21,2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and James Hacker. 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 Variances of 0 rear lot and 0 side lot setbacks to rebuild existing structure for the property located at 25 Nichols Street 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 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. Petitioner Steven Moran appeared and represented himself at the hearing. 2. Petitioner wishes to rebuild his existing garage. 3. A letter was submitted from Katherine Creane of 20 Nichols Street and Marianne Duhaime of 28 Nichols Street in favor of the petition. 4. After a survey or the property, a portion of the Petitioner's garage is located on the abutters property located at 16 Albion Street. 5. Christopher and Mary Tice of 16 Albion Street agreed to sell approximately 150 ' square feet of their property to Seven Moran. 1 DECISION OF THE PETITION OF STEVEN MORAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 NICHOLS STREET R-2 page two 6. There was no opposition to the proposed petition. 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, 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. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A signed agreement of the sale of the property shall be submitted. Variance Granted February 21, 2001 CSC \E-J )ant�acker, Chairman Board of Appeals y DECISION OF THE PETITION OF STEVEN MORAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 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 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 s Citp of Salem, fda!6garbu2;ett!5 CITY OFt SALE GE A OF jBoarD of 3ppeaC .2001 MAR -g p y: 53 DECISION OF THE PETITION OF STEVEN MORAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 NICHOLS STREET R-2 A hearing on this petition was held January 17, 2001 and continued to February 21,2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and James Hacker. 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 Variances of 0 rear lot and 0 side lot setbacks to rebuild existing structure for the property located at 25 Nichols Street 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 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. Petitioner Steven Moran appeared and represented himself at the hearing. 2. Petitioner wishes to rebuild his existing garage. 3. A letter was submitted from Katherine Creane of 20 Nichols Street and Marianne Duhaime of 28 Nichols Street in favor of the petition. 4. After a survey or the property, a portion of the Petitioner's garage is located on the abutters property located at 16 Albion Street. Tice of 16 Albion Street agreed to sella approximately 150 ' 5. Christopher and Mary g PP Y square feet of their property to Seven Moran. DECISION OF THE PETITION OF STEVEN MORAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 NICHOLS STREET R-2 pagetwo 6. There was no opposition to the proposed petition. 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, 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. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A signed agreement of the sale of the property shall be submitted. Variance Granted February 21, 2001 ,f,Q/J aures Hacker, Chairman Board of Appeals DECISION OF THE PETITION OF STEVEN MORAN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 25 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 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 18 December 2000 To Whom It May Concern: My name is Mary K. Tice and 1, along with my husband Christopher, live at 16 Albion Street in Salem, MA. We own our house. Mr. Steve Moran's house is directly behind us at 25 Nichols Street, Salem, MA. We do not have any issues with Mr. Moran remodeling and rebuilding his garage that abuts our garage. Please feel free to contact my husband Christopher or me to discuss this matter. Regards, M Tice 16 Albion Street Salem, MA 01970 978.744.1829 mtice@horrorartonline.com e December 21, 2000 To Whom It May Concern: We are writing this letter to state that we own our home at 28 Nichols Street, Salem, Mass. and have lived here for the past fourteen years. On the property at 25 Nichols Street, across from ours, there has been since that time a large shed in the rear of the driveway. We wish to state that we have no objection to the re-building or re-construction of said shed at 25 Nichols Street, Salem, owned now by Mr. Steven Moran. Sincerely, / (D�(aan_a_Duh�aime 1U-uQj �-'Nv Marianne Duhaime 28 Nichols Street Salem, Massachusetts 01970 it - ----------------- ----- ----------- -- _. - - - ----- ----_ ---- -- ---moo-1�-�=�►.�.__.-�,_� rl i - - -- - - I �j i -1101 9 �1F O Existing Concrete Garage SO . Plywood Structure b �O PG Existing Dwialing O Hse#25 AREA= 2,350 +/- S. F. .SO NICHOLS STREET ASSFCSORS: MAP 15 LOT 237 SCALE: I" = 10' REFERENCES7 DEED BOOK 16584 PAGE 225 NOTES 20 OFFSETS SHOWN ARE TO CORNER PLYWOOD STRUCTURE OF RICHARD yN EXHIBIT PIAN OF LAND o J. in U BARTRAM y No.3772o SALEM, MA I CERTIFY THAT THE PLYWOOD STRUCTURE gf61STEREp property of SHOWN ABOVE EXISTS AS SHOWN .. n STEVEN MORAN WITH RESPECT TO THE LOT LINES. Scale V = 10' z l�71e —12, BARTRAM LAND SURVEY D SURVEYOR 18 Union St. Beverly MA 01915 DATE PROFESSIONAL LA