22 NICHOLS STREET - BUILDING INSPECTION� �d N� �holg sta��c a
� r
o CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL CITY OF SALEM. MA
e' 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970 CLERK'S OFFICE
' TEL. (978) 745.9595
FAX (978) 740.9846
STANLEY J. LISOVICZ, JR.
MAYOR :2QQ2 APR -2 P I: 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.
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.
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 17le
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
Permit Listing Report
by District
Printed On:Tne Dec 02,IO14
SQL Statement:Street No.like"22"AND Street like"NICHOLS STREET"
District Address(Work Location) District Zoning Owner Work Category Est Cost Proposed Use And Detail
Permit Type Permit No Online Permit No Permit Status Date Issued Contractor(Phone#) Work Description Fees Paid Check#
22 NICHOLS STREET RI SILVERMAN JEFF REPAIR/REPLACE $4,800.00 Residential Two or more units
(0022 NICHOLS STREET)
Building 145-05 Expired Aug-03-2004 A.B.CARNES,INC. (978)887-1431 145-05 STRIP AND RE-ROOF TJS
$35.00 1166
22 NICHOLS STREET R1 GAUTHIER REALTY TRUST REPAIR/REPLACE $500.00 Residential Single Family home
(0022 NICHOLS STREET)
Building 184-2003 Expired Sep-06-2002 TIMOTHY J.BOUCHER(7)812-3357(83) 184-2002 REMOVAL OF APPLIANCES.ELECTRICAL
AND PLUMBING TO BE CAPPED. TJS
$20.00 1378
22 NICHOLS STREET R1 SILVERMAN GAS $0.00 Residential Two or more units
(0022 NICHOLS STREET)
Gas G-175-07 Expired Mar-22-2007 BEST PLUMBING(781)639-7714 (2)HEATING BOILERS
$60.00 2113
22 NICHOLS STREET RI SILVERMAN PLUMBING $0.00 Residential Two or more units
(0022 NICHOLS STREET)
Plumbing P-122-07 Expired Mar-22-2007 BEST PLUMBING(781)639-7714 (2)HOT WATER TANKS
$40.00 2113
22 NICHOLS STREET RI GAUTHIER REALTY TRUST REPAIR/REPLACE $0.00 Residential Two or more units
(0022 NICHOLS STREET)
Plumbing P147-2003 Expired Oct-01-2002 THOMAS J.O'BRIEN CO.(978)927-0237 P147-2003 REPLACE BATHTUBS AND WATER
PIPING REQ.BY JEFF SILVERMAN
$20.00 6690
District( )TOTALS: ESTIMATED COST: $5,300.00 NUMBER OF PERMITS: 5
FEES INVOICED: $175.00 FEES PAID: $175.00
BALANCE: $.00
GRAND TOTALS: ESTIMATED COST: $5,300.00 NUMBER OF PERMITS: 5
FEES INVOICED: $175.00 FEES PAID: $175.00
BALANCE: $.00
GeoTMS®2014 Des Lauriers Municipal Solutions,Inc. Page 1 of I
��" �l4fs t '' '� I
� TM
; �
� �
� '
� �. � °�1
I �
.�o CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
9t 120 WASHINGTON STREET, 3RD FLOOR
GG SALEM, MA 01970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY
MAYOR
February 13, 2002
Gauthier Realty Trust
Pamela Gauthier Trustee
130 Boston Street
Salem, Ma. 01970
RE: 22 Nichols Street
This department has received a complaint about the number of units at the above-
mentioned property. Our records clearly have the house as a single-family residence. It
would appear the house has two additional units.
Please contact this office within 10 days upon of receipt of this letter to set up an
inspection of this property.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Jo jPiJ� J
Thomas St. Pierre
Local Building Inspector
cc: Mayors Office
Tom Phillibin
Fire Prevention
Councillor O'Leary
� Z
Si'•LI-V JLR:c 21, 1977
DECISTOi;f ON THE; PETITION OF I'013ERl' P C t �CEz., 40 ITICrIOLS STREET, COCCEPt:LLG
PROPERTf LOCATED AT 22 N EC JTZ; S ,rT, It L 1):7ST3IC'Y
A hearing on th.i_s petition was head on Jure 21, 1977 with Board member; 3 n T. -
Lundreq.n, Donald F.;naes and Associate hfem'_;ers Dougjlas :;opne:r an,,, Ja<<,es Eou.Laer present.
Pkrt ccs were sent to abutters and others in accordance with General haws, Chapter 808,
Mr. Ga.uthier represented himself before t'ne Board. Mr. Gauthier -is reque_;tinq_ a
vai:io,Irece for non-conforming lot Lines to enable to erect an extension to the
existing two family house. The addition .is neces.ary to install modern. sanitary con-
veniences end to up date the older 1290 house to ;-..._c„_ EC',oj i:ivinq and sa-f.et_r standards.
'Che ,,ide line =;rill not encroach further but. the rear lot ]. .nc w-ill be reduced. Parking
be provided .,7it:hin the property li.n„s.
.The Board voted ujl,=.rn:ir,.ously to grant the ve.:r.lance reques'eed to wit, to al.lo-.a the
exter.sion of a. non--conformi.ng side Line c,F 5 fee:. aTiO rear :Lot line of 23. feet, therefore,
allo,vi.ng for the construction of an addition to time rear of the existing hailding at
22 Nichols St. _
(
PETITION' GRANTED
s
Appeal from this decision, if any, shall be rude pursuant to Section 17 of the Massachusetts
General I.,aws, Chapter 808, and shall be filed within twenty days after the Cate of filing_
of this decision in the office of the City Clerk.
Pucsuant to Mass. General La•,os, Chapter 803, Section 11, the variance or sieci..al permit
.granted herein shall not t:==Ice effect until a copy o:`. the decision, bearirrl the certification
of the City Clerk, that twenty days have el.aps^d and no appeal has been filed, or that, if
such an appeal has been filed, that it has been dis-missed or denial, :is recorded in the
Sou.h Essey. Registry of Deeds asd indexed under the nam_ of the o .^.er of record or is
recorded and noted in the owner's. Certificate of Title.
- Copies of the Decision -I ore_in -have. been :Filed with the PI anni.n3 I'.oard and the .City Clcr?:_
BOARD O? APPEAT, -
J -Le .T. Lundregan
r (Secretary
1 r-
k ' e aitg of �$atp tt, .401ttgsartmeetts
Cr �+91t �t�8l2G1PI1Z �Q8�g8t1tfB
E t
��n �. �Brrrtnm .tiat
? ¢yiet DateMarch 8, 1977
E tate of E 11 Fganning }
robate # 6ti
Names William H. Donaldson, Attorney Res 22 Nichols Street
Address/ 6 Lynde Street, Salem Salem, Niass.
ii .'µ' � . ,,.♦�°� .
' As a result of an inspection -this date of the premises, structure,.
open land area or vehicle owned, occupied or otherwise under your y
*r A control, the following recommendations are submitted and shall serve e�
" ' as a notice of violation df- fire laws. These recommendations are v
+' ., •% made in the interest of fire prevention and to correct conditions Wl,
`, •',; that are or may become dangerous as a fire hazard or are in violation L
of law. "?
Pi, You You are hereby notified to remedy said violations named below
' + within seven days t
of the above date. '
y { JSuch furthur action will be taken as the law requires, for failure i `k
m� r "to comply with the above requirements within the stipulated time.
(References General Laws of Commonwealth 6t Massachusetts, Chapter 148„
Section 301 and the Salem Fire .Code Article 1. )
As a'result of a fire, causeing damage ' to the structure, ;
rX. r it is mandatory that said structure be secured from future
vandalism. Violation of Chapter 148, Section 5 Gen. Laws and int
* Article #1 of Salem Fire Code.
M ,
2tructure is extreme, creating
. The fire loading of the said sa]7){
a fire hazard. Said structur,'e shall be cleared of all
combustible product, within seven days. Violation ofS
Chapter 148, Section. 5 and. Article #1 of the Salem Fire Code. '1
,..�. N ' N 4.'1X a'� C'",EI. j}�"4°°"�. t x � s "� T� _y..M,, �F i ♦ v - .r,•«.+, .,,,,,s.,,,.r
Y,f
,A
NY ��
+� .:�* dy"• '"1 3- "y aft
r�'+ t.r , Asa
C,A'Yk.eS,CO M a �� E"'Sw rA'" ♦� p,� r �*.` .1 h �o ° aF
C..)v, " t4•�' a.. ti r.✓
Inspector,. Salem Fire even Bureau � '
He'a1th' Dep tment
�of,BuiIding ,Inspecto a � � �•.� �� � �`�a"fir �� w g.i� +a�• ,p .
♦Form 25 /75) b „r:i'r,.'T' k , . , pie t . `vw•} '�4 ya+' r4.•"r"kc . .x wj R{: a .!Q`i h ,{M
A/o
x
��.
��
} I
FIRE OFFICERS REPORT
Type of `Alarm
Probable'`Cause.�
t
Point of Origin
(List room & floor location where possible )
Sow Occupied'
(1 or. 2 ,fam. dwelling; pts. ; Tenements; Kind
of: store or factory)
. Weep d-!F;P y-7
"lass of. Building Stories
(Wood ; stucco ; ` stone ; brick; aluminum)
4otor Vehicle : Year Make
Registration. #`
Jwne rd 4/11�/9 fifi/YiV/It/ CT
Jwner's AddressAA. -0 Sl. W41,TP�v
awner's Insurance ;Z�
Tenant
Tenant's Ins.
Tenant
Tenant's Ins.
Tenant `
Tenant' s 'Ins.
Remarks :& Injuries
Fire Officer in Charge
by Aide%• �/- �U� °`^^ ,
SS CITY OF SALEM - ALARM REPORT 3 2
Date 3
Address 22- Alarm ASF-.
C/GOG S S�,
ALARM TIME ASSIGNMENT METHOD RECEIVED
Still Telephone
Box # VZ L o y I Alarm Box - M
Special Call Police Dept.
2nd Alarm Citizen's Alarm
r arm Private Prot. Serv. []
4th Alarm Fire Radio
Alarm
Mutual Aid [�
Recall 11LI V
Rema and Equipment Used:
/r
57 T
Form 4 (Rev. 10/73) Fire Alarm Onprator
jA_