4 ANDREW STREET - ZBA _ :-'T
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oNDIT�1O CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
'd\ � SALEM, MASSACHUSETTS 01970
'� TELEPHONES 978-745-9595
FAX 978-740-9846 -
KIMBERLEY DRISCOLL
MAYOR
January 3, 2008 `q _
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Decision —
City of Salem Zoning Board of Appeals
Petition of Michael Redfern requesting a Variance from the distance an
accessory structure is required to be from a side lot line (5 feet), to allow
a shed 2 feet from the side lot line at 4 Andrew St [R-21.
A public hearing on the above Petition was held on December 19, 2007 pursuant to Mass
General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin
Stein, Elizabeth Debski, Rick Dionne and Steve Pinto.
Petitioner seeks variances pursuant to section § 7-8 of the Salem Zoning Ordinance to
allow an accessory structure nearer than five (5) feet to a side lot line.
Statements of fact:
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1. Michael Redfern presented the petition for the property he owns at 4 Andrew
Street [R-2].
2. A sketch showing the location of the shed, a mortgage plan, photos, and
specifications for the shed accompanied the petition.
3. The petitioner constructed a shed in his backyard (2' from the side lot line) when
he moved to the property in October 2006 without realizing he needed a permit.
4. To maximize the space in his small backyard, the petitioner would like to keep the
shed in this location and is seeking a variance from the Board of Appeal to do so.
5. There was no opposition to the location of the shed at the public hearing.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The variance requested is not contrary to the public interest and, owing to special
conditions; a literal enforcement of the provisions of the City of Salem Zoning
Ordinance would result in unnecessary hardship.
2. There are circumstances relating to the land, which does not generally affect the
zoning district in which it is located, which make it difficult to site a shed 5' from
the side lot line without taking away from the petitioner's enjoyment of their rear
yard.
3. The location of the shed is not out of character with the neighborhood and it has
not caused any problems to the neighbors since it was placed there in October of
2006; therefore desirable relief may be granted to allow this request without
substantial detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
l. To allow for the shed, the petitioner may vary the terms of the Salem Zoning
Ordinance § 7-8, specifically the distance an accessory structure can be from a
side lot line.
2. 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, four(4) in favor(Stein,
Debski, Dionne, and Pinto) and none (0) opposed, to grant petitioner's request for a
variance subject to the following terms, conditions, and safeguards:
1. This decision allows the shed to remain in its current location only.
2. Following the appeal period, the petitioner shall obtain a building permit.
Robin Stein, Chair
Salem Zoning Board of Appeals, n_r
A COPY OF THIS DECISION HAS BEEN FILED WHH 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
anted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has
been filed with the Essex South Registry of Deeds.
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MORTGAGE INSPECTION
BAY STATE SURVEYING ASSOCIATES
234 CABOT ST., BEVERLY MA
LOCATION SALEM MA. NOTES:
•- ••-�------•- ����-•----•--- -
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�� FT. DATE This is a Mortgage Inspection survey and not an
SCALE : I
-•-•----f --- -- ---- --- • instrument survey,therefore this plot plan isfor
REFERENCE , _DEF�_ K#_ /0�3 _ ,�j(/_......... mortgage inspection purposes only.
j ?t__SOIJ 1 __A)S7� _ __ ___ _______ •This survey is based on survey marks of others.
{ZEG -0 -DEps_ ____ ______ _ ___ ____ • Bushes, shrubs, fences and tree lines do not
necessarily indicate property lines.
To .In my professional opinion the building(s)are not located
The location of the buildings) as shown, either complied with the in the special flood hazard zone, as defined by H.U.D.
local zoning set backs at the time of construction or is exempt •Whenever an offset is 1'± or less, an instrument survey
from violation enforcement action under Mass. G.L.Title VII is recommended to determine prop. lines.
Chapter 40A Section 7. •Offsets shown are approximate by tape survey.
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