22 WALTER STREET - ZBA i
I �
11
I
II
�I
�1
74520 40% P4
c �
CITY OF SALEMt MASSACHUSETTS
li l BOARD OF APPEAL CITY OF SQLEM
CLERK'S MA
120 WASHINGTON STREET, 3RD FLOOR QFFIC£_
SALEM, MASSACHUSETTS 01970
TE LEPHON IE: 978-746-9595
FAx: 978-740-9846
JUL 2U P 2: 02
DECISION ON THE PETITION OF FRANK bt CYNTHIA BECKHUSEN
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22 WALTER
STREET R-2
A hearing on this petition was held on July 19,2006 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Robin Stein, Stephen Pinto and Annie
Hams. 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 is requesting a Variance from the side yard setback,rear yard setback and
lot coverage to construction a two story addition for the property located at 22 Walter
Street located in an R-2 zone.
The Variances,which have been requested,may be granted upon a fording by this 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 involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship,financial or otherwise,to the petitioners.
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 of
the purpose of the Ordinance.
The Board of Appeal,after careful consideration of the evidence presented at the hearing,
and after viewing the plane,makes the following findings of fact:
1. The Petitioners Cynthia and Frank Beckhusen seek to build an addition to their
home at 22 Walter Street. They submitted scaled drawings singed R. Nelson and
dated April 3, 2006.
2. The present structure has two distinct parts. One part along Walter Street consists
of a two-story structure,and one part along Southwick St. consists of a one-story
structure and open deck. Petitioner's planned addition sites a two and a half story
structure on the footprint of the existing one-story section along Southwick St.,
and an open porch added onto the two-story structure that fronts on Walter Street.
DECISION OF THE PETITION OF FRANK & CYNTHIA BECKHUSEN
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22
WALTER STREET R-2
page two
The 30' x 26' addition requires a variance from front and a side setback
3. e
because it is sited 2 ft from the lot line on Walter St and is directly on the
property line on Southwick St. It requires a variance from rear setback
requirements to 21 ft. and from lot coverage to allow coverage of 41% in a district
where the limit is 35%coverage.
4. Two neighbors spoke in support of the petition. There were longtime North Salem
Residents Claire Chalifour and Frances Schrader.
On the basis of the above findings of fact,and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
I. Petitioner shall comply with all city and state stature,ordinance, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted 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 Occupancy shall be obtained.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction,but not limited to the Planning Board.
7. Exterior finishes of the new construction shall be in harmony with the existing
Structure.
DECISION OF THE PETITION OF FRANK& CYNTHIA BECKHUSEN
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22
WALTER STREET R-2
Page three
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure(s)on the
property to an extent greater than 50%of the structure as measured by floor
area or replacement cost. If a structure on the property is demolished by any
means to an extent of more than 501/6 of its replacement cost or more than 50%
of its floor area at the time of destruction, it shall not be reconstructed except
in conformity with this Ordinance.
Variance Granted Nina Cohen, Chairman CSOsvt
July 19, 2006 Board of Appeal
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 date of filing
of this decision in the office of the City Clerk Pursuant to 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 is
has been dismissed or denied 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.
Board of Appeal
L