22 WALTER STREET - BUILDING INSPECTION 22 WALTER STREET
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t CITY OF SALEM9 MASSACHUSETTS
f I+ BOARD OF APPEAL CITY OF c
120 WASHINGTON STREET, 3Ro FLOOR CLERK'S OFF E&A
SALEM, MASSACHu5ETT4 01970
TELEPHONE: 978-745-9895
FAX: 978-740-9846 ; ?806y
JUL-2 ' p,2.
DECISION ON THE PETITION OF FRANK& 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
Harris. Notice of the hearing was sent to abutter,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 finding 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.
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1
DECISION OF THE PETITION OF FRANK& CYNTHIA BECKHUSEN
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22
WALTER STREET R-2
page two
3. The proposed 30' x 26' addition requires a variance from front and a side setback
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.
r
i
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 50%of its replacement cost or more than 500/6
of its floor area at the time of destruction, it shall not be reconstructed except
in conformity with this Ordinance.
4— 4k"�,t—
Variance Granted Nina Cohen, Chairman (scr\\,
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
j
6 Southwick Stn.eet
Satem, Massachusetts
July 6, 1911
Mn. John Powe&A
City of Satem Bu.itd.ing Inzpectoa
One Satem Gneen
Satem, Massachusetts
Dean Mn. Powen.s,
I am wAit.Lng to voice my objections to the proposed
con4thuet.ion of a swimming pool at the nesidenee ob
Catheh.ine Beckhu4en, 22 Watteh Stteet, Satem, Mass.
My w.i6e and I n.ez ide at 6 Southwick Stheet and out
ptopenty abuts the Beckhu4en pxopexty. As you know,
att og the bu.itd.ing .Lots .in this ne.ighbonhood ane
unden4.ize .Lots and I am 4une that this pool cannot
be .in4ta ted without viotat.ing the hequ.ixed cteakance
SKom an abutten4 pnopenty kine.
I am not only eoneexned about the size o6 thein .Lot
but I am atzo concehned about the nuisance and satiety
6actoh4 .involved. Thete .is a deb.inite .Lack o6 patentat
bupehv.i4.ion at the.i2 hou4ehotd. The Satem Pot.iee wene
catted to this ne.ighbohhood twice last even.ing. to answer
eompta.intb 6&om otheh ne.ighbots about the Beckhu4en bam.ity.
I am asking you to investigate the size ob the Beckhu4en
phope&ty and to deteam.ine whether ot not a swimming
pool can be tega ty and 4a6ety eonbtn.ucted on the.ih
land.
S.incehety,
Y. �.�
ameb L. Picone
f
BUILDING DEPT
_s�;simrnt .iced R 4usrltrs JUL 20 10 39 AM '17
_
RECEIVED
CITY OF SALEM,HASS,
.. Ch1e
Date J ily 23,19-,17
pamet sirs asr,'-•;eri.ne 3ecl:nusen Ret 212 falter t
Add_resst 22 .1alt.cr "U
As a result of an inspection this date of the premises, structure,
span land area or vehicle owned, occupied or otherwise under your
control, the follow'_:-, recoanendations are submitted and shall serve
as a notice of violation of fire laws. These recommendations are
made in the interest of fire prevention and to correct conditions
that are or may become dangerous as a fire hazard or are in violation
of law.
You are hereby notified to remedy said violations named below
within
of the above date,
sc . . Such furthur action will be ta:en as the law requires, for failure
`w to comply with the above requirements within the stipulated time,
(Reference: General Taws of Commonwealth of Massachusetts, Chapter 148
Section 30; and the Salem Fire Code Article 1. )
It io :.oq,tested twat :ron tale .ir:!e a;;: Steps o c)rrect a seri-ous fire hazard
1;0 ;! nl and your neiahborhood,at above location.
Yonr back yard is in direct violation of F.P.12 :r9 :bile 12 This condition can
easy he corrected with a little effort .;n roir part
Failure to correct this con-cation will lead to furtlreracti.on as law requires.
kCC 51iil,-Un7 Inspector Zaimond T ilan. reau
CC
Health Dept. Inspector, Sal eta Fire Prevent.`ion Bur eau