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17 HIGH STREET - ZBA __ _ _ _ � \ �� ...� .. � S I\ ✓' `� 1 I Legal Notice CITY OF SALEM " BOARD OF APPEAL 745.9595 Ext.381 i Will hold a public hearing for all persons interested in the petition sub- I mitted by T.WILLIAM SMITH seeking e a Variance from side and rear set- t backs to allow an accessory struc- ture (deck) to be within 5' of the t property line for the property located s at 17 HIGH STREET R-2.Said hearing t will be held on WEDNESDAY,NOVEM- BER 15, 2006 at 6:30 P.M., 120 WASHINGTON STREET 3R°FLOOR, ROOM 313. NOVEMBER 1 &8,2006 Nina Cohen,Chairman St N-11/1,11/8/06 S p . ovmrl� CITY OF SALEM9 MASSACHUSETTS BOARD OF APPEAL Li-1 ,�1,I' J , L L E 120 WASHINGTON STREET, 3RD FLOOR M..:MA SALEM. MASSACHUSETTS 01970 CLERK'S=UEILE TELEPHONE: 978-745-959 5 FAX: 978-740-9846 KIMBERLEY DRISCOLL 100h NOV 21.-P- 2 3b MAYOR - 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: I. 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. pp 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.