17 HIGH STREET - BUILDING INSPECTION IMMMM9
j 17 HIGH STREET
i
l'
oe{yorrA CITY OF SALEM, MASSACHUSETTS
a3a BOARD OF APPEAL Lj-T-i' OF ;LE.M:,,MA
120 WASHINGTON STREET. 3RD FLOOR CLERK S-af;
I SALEM, MASSACHUSETTS 01970 EITE
,-- TELEPHONE: 978-745-9595
FAX; 978-740-9846
KIMBERLEY DRISCOLL
MAYOR 200b NOV 21,-P`:2 $b
November 27, 2006
Decision
Petition of T. William Smith requesting
Variances for the property at17 High Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on November 15, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Richard Dionne, Bonnie Belair, Annie Harris,Elizabeth Debski, Steven
Pinto.
The petitioner, T. William Smith, sought variances from the required side setback for the
required ten (10) foot side yard setback to approximately nine (9) feet and from the
required rear yard setback of thirty (30) feet to approximately zero (0) feet for the
property located at 17 High Street, Salem, in the Two-Family Residential (R-2) zoning
district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 17 High Street is within the R-2 zoning district.
2. The petitioner is requesting variances to construct a five (5) foot by seven (7)
foot, approximately twelve (12) foot high, attached deck.
3. The petitioner told the Board that the adjacent property owner at 13 High
Street did not object to the proposed structure.
4. No members of the public wished to speak on this petition.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for Variances does not constitute substantial
detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Dionne, Belair, Harris, Debski, Pinto) and none (0) opposed, to grant the request for a
variance, subject to the following terms, conditions, and safeguards:
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 to and
approved by the Building Commissioner.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Exterior finishes of the new construction shall be in harmony with the existing
structure.
5. A Certificate of Inspection is to be obtained.
Steve Pinto
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 it has been
dismissed or denied and 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.
Business Certificate
Vtp of 6atem, Aaggacbugettg
P 9
D A T E FILED 771av -4 194 Type: J New
Expiration Date 4 a063 ❑ Renewal,no change
Number 7 r - Z9 4 ❑ Renewal with chance
In conformity with the provisions of Chanter one hundred and ten, Section five of the Massachusetts General
Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of:
2bi-i ' 5 O-feA+iU' i S
at. o9e+ �X11Prn, M�
type of business Obty I i nt3`Y%6
by the following named person(s): ( clude corporate name and title if corporate officer)
Full Name Residence
C li�tibP �-L, �Iar.L I�- Ni�ti-, Sl�r�e-F �,IeM,a V►1� O1� �C�
y^
-- ---------- -----------------------------------------------------
----------------------------------------------------- -----------------------------------------------------
on ala^ 19-73--the above named person(s) personally appeared before me and made an
oath that the fpJegoing statement is true.
--- -----------ew eeam i"-'G=J----------------
------------------------------------- - -
CITY CLERK NotarvPubiic
(seal)
Date Commission Expires
Identification Presented
State Tax I.D. # S.S. # 00--4
(if available)
In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass.
General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be
renewed each four vears thereafter. A statement under oath must be filed with the town clerk upon
discontinuing, retiring, or withdrawing from such business or partnership.
Copies of such certificates shall be available at the address at which such business is conducted and shall be
furnished on request during regular business hours to any person who has purchased goods or services from
such business.
Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which
such violation continues.
F,I,Lt,A of MgSS
Re: aa' qO,s
° ROBERT as
ROBERT M. RUMPF & ASSOCIATES
CONSULTING ENGINEERS r Lre JEsCape .Tnspectior! RU PF N
101 DERBY STREET � !'f N19 h Street- A No. 6632�a w�
SALEM,MASS.01970 SaCern Massachaset`fs f31$To- 11,
508-745-8598 FAX 508-745-8598 , to AL�p14�
!!/g-7
Ms• Sarah Srruth
47 Hi'jir Street
5aCern11MA oll7o
Pear Ms• Srni thi
This 45 a re,00rt 017 ovr inspectfon Or64re rv-14ren_
cod fire escape.
We Fovrld it se-rueturall 5ound -e Properly maintai_
red.
Yary truly yours
� � M Pte.
At'StzS
Rg�
ROBERT M. RUMPF & ASSOCIATES L
CONSULTING ENGINEERS Fire .ESGapr Tnspecf ail
101 DERBY STREET 0 / 7 tli gh MrQet-
SALEM,MASS.01970 $aCprni Massachusetts
508-745-8598 FAX 508-745-8598
f Am
Mo. Sarah 5rnit'h
17 H19h Street
5ater"I AAAO1970
dor pra�es5ionaC sarvicess
.�nspecfion � report �' ISo'�'
f{ea�aect ��.ICY Sr�brni t1'ed,
of 3ttlpm, ,fttssar4usrtts
Public Propertg Department
Nuilaing Department
(One 13alem (6reen
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer October 30, 1995
Sarah Smith
17 High Street
Salem, Mass.01970
RE: 17 High Street, Salem
Dear Sarah:
According to the records on file in this office it has been
determined that 17 High Street is a lawful nonconforming two (2)
family dwelling located in the Residential Two Family District
(R-2) •
This is to determine use only and in no way is meant to
confirm or deny whether said property is in compliance with all
building, plumbing, gas, electric, fire or health codes .
Sincerely,
Leo E. Tremblay
Zoning Enforcement officer
LET: scm
cc: Councillor Donahue, Ward 3
.CONBIT
c
CITY OF SALEM - MASSACHUSETTS
ROBERT A. LEDOUX Legal Department LEONARD F. FEMINO
City solicitor 93 Washington Street Assistant city solicitor
505-74xM Salem, Massachusetts 01970 508-921-1990
October 27, 1995
Mr. Leo Tremblay
Building Inspector
Salem Town Hall
93 Washington Street
Salem, Massachusetts 01970
RE-- ' William and Sarah Smith
17 High Street, Salem, Massachusetts
Dear Mr. Tremblay:
You have requested an opinion from this office as to the
validity of the use of the above-captioned house as a two-family
home. My opinion follows .
Mr. and Mrs. Smith were kind enough to furnish us a number of
affidavits, including affidavits from abutting neighbors, which
reflect the status of this home. It becomes clear that this is and
has been a two family home for a period substantially longer than
since the adoption of the zoning by-law in 1965 . Accordingly, it
is my opinion that this house is a legal two-family home.
Thank you for your consideration.
Veru y ours,
ROBERT A. LE UX
RAL/leh'
October 27 , 1995
Robert Ledoux
Ledoux, Whipple and King
Federal Street, Salem, MA
Dear Mr. Ledoux,
This letter is to confirm the fact that the house at 17
High Street in Salem has been a two-family house from
before 1965 continuously to the present. My family owned the
neighboring house at 11 High Street from 1936 through 1992 .
During that period the house at 17 High Street was always a
two-family house. I also know personally that when the
Smith's bought 17 High Street in 1978 it was a two-family
house and the Smith's have continued to use it as such until
the present.
Sincerely,
ji Spinale
4AU
Z 7
October 27 , 1995
Robert Ledoux
Ledoux, Whipple and King
Federal Street, Salem, MA
Dear Mr. Ledoux.
My name is Prisilla Zavaglia, wife of the late Salvatore
Zavaglia. I live at 25 High Street, three houses up the
street from 17 High Street, home of William and Sarah Smith.
I have owned and lived at 25 High Street continuously from
1952 to the present. During that period 17 High Street has
always been a two- family house.
Sincerely,
c
Prisilla Zavaglia
Commonwealth of Massachusetts
Essex, ss. October 27 , 1995
Then personally appeared the above-named Prisilla
Zavaglia and acknowledged the foregoing instrument to be
her free act and deed, before me,
fattiann Maga, Notary Public
My Commission Expires : 3/8/02
Coity of Igntlem, Mttssttr4usetts
Ilublir Vrapertp Department
NuilDing department
(One $alert Green
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 17, 1995
Robert L-=doux, Esq.
City So== citor
City of Salem
RE: 17 High Street, Salem (R-2)
Dear Mr. Ledoux:
Will you kindly peruse the enclosed data to determine the legal use
of the above referenced property. The property is located in a
Residenc_al Two Family District. This is to determine use only and in
no ways meant to confirm or deny whether said property is in
compliance with all building, fire, electrical, plumbing or gas codes.
Anything you can do to expedite this matter will be greatly
appreciated as the owner of the property would like to begin marketing
the property. Thank you.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
Zoning Enforcement Officer
LET:scm
Enclosures
b .GmahaWei L31-le
Danvers , M.A 01-922'
October _s , 1-995
Mr . Leo Tremblav
Salem , Massachusetts
ear MIr _ =emblav ,
My name is Ptar ?'et itsotti , wile _.- _ate Mrar.s-
dnv�_her unit. _gin `.he second and ,hlyd tluurs . 1t remaineda
tW0 t3mi1y dweltin,2_ =0%ti nll011s iy unti-I We Su1dj the I'Ouse to
1 . William Smith and ".=.ran Smith in !979 .
Sincerely ,
Mar�are��F.F.izzotti
The Ccmrcra ^^i tt of Massa- JU v-Y.s _
Esser.. S.S.
Thon por .arred the abova named
SIC 4aa-4 '4 1. 440
and eckr= /ei' .d Uie fbregoing'InC'trument
to be alai cr f ::c act and deed, before me,
SHIRLEY M. CERVONI. Notay Public
My �Commmission Expir
es
July
28, 2000
j„/J
October 11, 1995
.r, iso Tremblay, Building Inspector
1 Salem Green
Salem, MA. 01970
Dear Mr. Tremblay:
This is to inform you that I was born at 17 High St., Salem,
in 1921 and lived with my parents on the second floor for many
years.
The first floor was occupied by the owner, Salvator Rizzotti
and his family.
Yours truly,
Dora N. D'Iorio
20 High St.
Saler., NIA. 01970
Tha Co :na'.-Faalffi of Me a usetts
Elsa". 5.5.
l9ys
ea(e�the dove nan'e
i. inFc.S-s. a /iia
s9 the ictaecin d "iru�; nt
a;i
co be z aid d' 1
My Cctr+;ni >ion moires
-A