11 WILLIAMS STREET - ZBA 400/oP4
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n, onrynr CITY OF SALEM, MASSACHUSETTS
a]� BOARD OF APPEAL
120 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
J
January 10, 2007
Decision T,
Petition of Shannon Engelhardt requesting a Variance c
for the property at 11 Williams Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on December 20, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Bonnie Belair, Steven Pinto, Elizabeth Debski and Robin
Stein.
The petitioner, Shannon Engelhardt, sought a Variance to the side setback requirement of
ten (10)feet to three and one-half(3 '/2)feet to allow construction of a two (2) story deck
for the property located at 11 Williams Street, Salem, in the Two-Family Residential
District (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 11 Williams Street is within the R-2 zoning district.
2. The petitioner is requesting a variance to the side setback requirement ten (10)
feet to three and one-half(3 '/2) feet to allow construction of a two (2) story
deck.
3. The proposed deck will be a ten (10) by fifteen (15) foot deck with stairway.
4. One member of the public spoke opposed to the petition due to the petitioner's
contractor having to access the site via her property.
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 a Variance does not constitute substantial
detriment to the public good as the use of the deck will not cause a substantial
impact on the neighborhood.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as deck structures are frequently attached
to residential structures in the R-2 District.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner by unfairly restricting the usage of their property.
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
(Cohen, Pinto, Debski, Stein, Belair) 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. 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. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any other City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not empower or authorize Petitioner to demolish or reconstruct the structures(s)
located on the subject property to an extent of more than fifty percent (50%) of its
floor area or more than fifty percent (50%) of its replacement cost at the time of
destruction. If the structure is demolished by any means to an extent of more than
fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its
Floor area at the time of destruction, it shall not be reconstructed except in
conformity with the provisions of the Ordinance.
9. The petitioner shall supply insurance certificates to the Building Inspector and to
their abutters prior to the issuance of a Building Permit.
Elizalleth Debski
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.
Legal Notice
—rte
` CITY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for all
persons interested in the petition
submitted by SHANNON ENGLE-
HARDT seeking a Variance from
Side yard setback to Construct a two-
story deck, setback will be 3 1/2 feet
instead of the 10' required For the
property located at 11 WILLIAMS
STREET R-2. Said hearing will be
held on WEDNESDAY, DECEMBER
20, 2006 AT 6"30 P.M., 3RD
FLOOR, 120 WASHINGTON
STREET,ROOM 313 -
Dec.7& 13,2006 Nina Cohen,
Chairman
SN—12/7, 12/13/2006
photos and discussion on haunted sites
for all ages,on Thursdays,7:30 p.m.,and
Saturdays,10 a.m.to 3 p.m,,.SATV build-
ing.Admission$5,under 6 free.285 Derby
St.,Salem.Call Dan Tremblay at 978-777-
2711.
LECTURE
DANVERS HISTORY.Michael Ramseur b
presents"Through the Lens of Danvers: t
The U.S.Mental Health Movement,'a pre-
sentation on Danvers State Hospital fea- t
turing his short film"Vortex,"a discus- w
sion of his books"Haunted Palace"and
'The Eye of Danvers,'and a painting dis- ! "E
play,Wednesday,Dec.13,7 p.m.,North ai
Share Children's Hospital,Lynch Confer- a
ence Room.Free.57 Highland Ave.,Salem. di
MUSEUMS Pi
BEVERLY HISTORICAL SOCIETY AND it
MUSEUM."Beverly and the American e