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14 LEMON STREET - ZBA 1 L s� LVIA-M 4 Al 0 OOND17 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS O 1970 TELEPHONE 978-745-9595 FAX. 978-740-9846 KIMBERLEY DRISCOLL 2009 JUN 30 A H: 51-1 MAYOR FILE 0 CITY CLEM, SALEM, M A SS, June 29, 2009 Decision City of Salem Zoning Board of Appeals Petition of DEBRA KIRCHHEIMER seeking a Variance from Accessory Structure regulations (side and rear yard setbacks) to replace an existing 10'x16' shed with a new 8'x12' shed on the property at 14 LEMON STREET, Salem,MA(R2 zoning district). Petitioner seeks a variance pursuant to the Salem Zoning Ordinance, §7-8: Accessory buildings and structures. Statements of fact: 1. Mary DeLai,who co-owns the property with petitioner Debra Kirschheimer, presented the petition. 2. In a petition dated May 28,2009,the applicant requested a dimensional variance to accommodate the replacement of an existing 10'x16'shed with a new 8'x12'shed on her property at 14 Lemon St. 3. Plans submitted with the application show the existing shed does not conform with the required five-foot rear or side line setbacks for accessory structures. The proposed shed would be smaller than the existing one and would be set back one foot from the rear and side property lines. 4. A public hearing on the above mentioned Petition was opened on June 17,2009, pursuant to Mass General Law Ch. 40A, §$ 11. The pubic hearing was closed on June 17,2009,with the following Zoning Board of Appeals members present: Robin Stein (Chair),Rebecca Curran, Richard Dionne,Beth Debski,Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate). 5. No one spoke in opposition to the project. A direct abutter to the property stated that she would like to see the shed fixed, and that the existing shed's deteriorating condition had led to sinkholes on her property. The applicant concurred that there were sinkholes at both the abutter's properly and her own, and that this was due to a leaking underground pipe that had disintegrated. 2 6. At its meeting on June 17,2009,the Board of Appeal voted five (5) in favor and none (0) opposed to grant a variance from the dimensional requirements of 57-8, Accessory buildings and structures,to allow for the replacement of an existing 10'x16'shed with a new 8'x12'shed on the property located at 14 Lemon St. 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. Desirable relief maybe granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 2. The applicant mayvary the terms of the Residential Two-Family District to construct the proposed development,which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 3. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. 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: 1. To allow for the reconstruction of the shed as proposed,the requested variance from dimensional requirements for accessory buildings and structures is granted. In consideration of the above,the Salem Board of Appeals voted, five (5) in favor (Stein, Curran,Belair,Debski and Dionne) and none (0) opposed,to grant petitioner's requests for a variance and special permit 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. 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. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 7. Petitioner is to contact the Salem Water Department to ensure that no pipes on the property are leaking. 3 Robin Stein, Chair 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 trade 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 has been filed with the Essex South Registry of Deeds.