38 NICHOLS STREET - BUILDING INSPECTION 38 NTCHOLS STREET
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No. 153L-2
HASTINGS. MN
LOS ANGELES-CHICAGO-LOGAN.ON
MCGREGOR.T%-LOCUST GROVE,GA
U.S.A.
'87 PP 13 P: :M
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DECISION ON THE PETITION OF ROBERT E. GAUTHIER FOR A VARIANCE
AT 8`ttNICHOLS STREET)(R-1 )
A hearing on this petition was held on March 25, 1987 with the following Board
Members present: Edward Luzinski, Vice Chairman; Mr. Fleming and Associate
Members Dore and LaBrecque.. 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, represented by Attorney Daniel Reich, is requesting a Variance
from rear yard setback to allow the continued use of an existing single family
dwelling at 38 Nichols St. The building currently sits only 25 feet from the
rear lot line, five (5) feet short of the requirements of Table I, Salem Zoning
Ordinance. The dwelling is located in an R-1 Zone.
The Variance which has been requested may be granted upon a finding by the
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 in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to the petitioner;
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 or the purpose of the Ordinance.
j The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition presented at the hearing;
2. If the petitioner were denied his requested Variance, he would
suffer substantial hardship.
On the basis of the above finding of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
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1 . Special conditions exist which especially affect this property but
do not generally affect other lands, buildings and structures in the
salem district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
w hardship to the petitioner;
3. The relief requested may 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.
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DECISION ON THE' PETITION OF ROBERT E. GAUTHIER FOR A VARIANCE
FOR 38 NICHOLS ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to grant the
Variance requested, with no conditions.
VARIANCE GRANTED
James M. Fleming, Esq.
emer, Board of Appeal `
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK'
APPEAL FROM THIS DECISION-
ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. Y
AND SHALL bE FILED CliTHIN 20 DAYS AFTER THE DATE OF FILlki
GENERAL LAWS, CHAPTER 805.
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSACT TO VASS. GEIJERAL LA`:!$. CHAPTER 808. SECTI-, 11. THE \'Aj,A, B ,%R SPECIAL PES
c� ;'NU NO A7PE,°.L HAS 8`_E:I fl=`_:'.
C,n np;lEp HEREL`;, SHALL N0' TAKE EFFECT UNTIL A COPY OF THE`iECI S!:!^.. BEAR'B THE CEI;
❑ FIU;TION OF THE CITY CLER, THAT 20 DAPS HALE^_L IT
I'$ CE>i; CIS'"SSEp OR D`_:r IED IS
uR THAT. IF SUi.N Ai: APPEA! HAS BEEN FILE. ''° , HKD IN DERE9 U"L„R THE iA:LE OF TF'.-
R E�ORD"cD IN THE SBUSH ESSEX REGISTRY OF LEE' S
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S GERiIFICATE OF TITLE.
BOARD OF APPEAL
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