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25 WILLIAMS STREET - ZBA 25 Williams St: R-2 Rev. Scott'Alexander and H. Collins Mikesell - owners/petitioner a 'r ' o n (Cite of -"-5ttlem, 4Hassuchusetts T- F' s 'BOMLD Of c1Upeal 0 y. r- DECISION ON THE PETITION OF REV. ALEXANDER AND H. COLLINS MIKESELL FOR VARIANCES AT 25 WILLIAMS STREET (R-2) A hearing on this petition was held December 9, 1992 with the following Board Members present: Richard Bencal, Chairman; Francis Grealish Jr. , Edward Luzinski, Stephen Touchette and Associate Member Arthur Labrecque. 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. Petitioners, owners of the property, are requesting variances to allow construction of a single story addition which will encroach on rear setback and will be within 10 feet of the existing garage. Property is locate in an R-2 district. The Variance which has been requested may be granted upon a finding by this Board that: 1. 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 involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . Support for the proposal was voiced (by way of letters) by abutters. 2. One abutter had concerns regarding the removal of debris, these concerns were satisfied. 3. This is the most feasible location for the addition, to locate it in any other location would also require relief from the zoning requirements. DECISION ON THE PETITION OF REV. ALEXANDER AND H. COLLINS MIKESELL FOR VARIANCES AT 25 WILLIAMS STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district in general. 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 unanimously, 5-0, to grant the variance requested, subject to the following conditions: 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. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a legal building permit from the City of Salem Inspector of Buildings. 5. Exterior finishes of the proposed addition will be in harmony with the existing structure. 6. All debris is to removed and removal is to be supervised by the fire department and/or the Building Inspector's office. 7. The property is not to be used for any commercial venture. VARIANCE GRANTED December 9, 1992 Francis X. Grealish, Jr. , Secretary Board of Appeal J DECISION ON THE PETITION OF REV. ALEXANDER AND H. COLLINS MIKESELL FOR VARIANCES AT 25 WILLIAMS STREET, SALEM page three 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 after the 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 certification 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 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 � o n C O - WI L: f�.l December 4 , 1992 Dear Members of City of Salem Zoning Appeals Board, As owners of a house next door to 25 Williams Street, we are pleased to lend our support for our neighbor's (Rev. Scott Alexander and Collins Mikesell) request for a variance to enable them to enlarge the one-story room on the back of their house. They have shared the details of their plan with us, and we believe it will not only be an aesthetic enhancement to the neighborhood, but will increase the value of their home and surrounding homes. We hope their request for a variance will be will be granted as quickly as possible. Sincerely, Owners �� SGUTT L10cr'l E� n+AEST2AN2( 23 W/CL [4M5 f7- MI 0[6l7o October 31, 1992 Mr. Scott Alexander Mr. Collins Mikesell 25 Williams Street Salem, Ma 01970 Dear Sirs, Please be advised that we, Pamela Wall-Bollen and Douglas Bollen, the owners and residents of 27 Williams Street are not opposed to any addition or expansion of 25 Williams Street. Sincerely, �l W` ou Douglas J. Bollen Pamela Wall-Bollen i I PLAN OF LAAV IN NOTE: FENCES, WALLS„ SAL-St X#SS. SHRUBS ETC., DO NOT NECESSARILY REPRESENT REID LANG SURVEYORS PROPERTY. LINES. .moi' aM MIN Sr.. L"W AKW. 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