57 Memorial Dr. Decision (CERTIFIED.STAMPED) � CITY OF SALEM, MASSACHUSETTS
' BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHusms 01970
TEL:978-619-5685
KLmBERLEY DRISCOLL
MAYOR
November 30, 2022
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Decision l
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City of Salem Board of Appeals
The petition of JUSTIN MATTERA at 57 MEMORIAL DRIVE (Map 42, Lot 12) (RI Zing
District), for a Special Permit per Section 3.3.5 Nonconforming Single-and Two Family
Residential Structures of the Salem Zoning Ordinance to expand the existing second
floor and to construct an addition to one side. In addition, the front porch will be
enclosed. A new porch, deck and pool will be constructed. The building does not
conform to the thirty (30) foot rear setback.
A public hearing on the above petition was opened on November 16, 2022 and was
closed on November 16, 2022.
On November 16, 2022, the following members of the Salem Board of Appeals were
present: Rosa Ordaz, Peter Copelas (Acting Chair), Carly McClain, Nina Vyedin and
Steven Smalley.
Statements of Fact:
The petition is date stamped October 26, 2022. The petitioner seeks to expand the
existing second floor and to construct an addition to one side. In addition, the front
porch will be enclosed. A new porch, deck and pool will be constructed.
1. 57 Memorial Drive is owned Justin Mattera
2. The petitioner was Justin Mattera.
3. Justin Mattera was represented by Attorney Scott Grover and Steven
Livermore, Architect.
4. 57 Memorial Drive is located in the R1 zoning district. (Map42, Lot 12).
5. On November 16, 2022, Attorney Scott Grover presented to the board.
Currently, the house does not comply with the required thirty (30) feet of
rear yard setback. This makes it a legally non-conforming structure. Mr.
Mattera is trying to expand the size of his home to provide room for his
growing family.
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6. Mr. Mattera is proposing to expand the second story of the building and
construct a new addition on one side. The existing front porch will be
enclosed, a new porch will be created and a deck and a pool will be included
in the improvements. This proposed expansion will increase the
nonconformity of the rear set back.
7. Attorney Grover mentioned that the property just to the right, is 59 Memorial
Avenue was a petition that Mr. Grover brought before the Board of Appeals a
few years ago, and a very similar edition was allowed by the board. This
proposal is consistent with what's happening in that neighborhood.
8. Mr. Grover mentioned that there is a construction program going on with the
city owned land that is adjacent to the property to stabilize and restore the
old sea wall which is helping to enhance the natural environment. Mr. Grover
mentioned that with all the improvements going on near and at the property,
the tax revenue for the city will be increased.
9. Steven Livermore, Architect, discussed the proposed plans with the board.
10.Peter Copelas inquired.about the change in location for the driveway to the
home. The proposed plans have the driveway changing sides which would
require an approximately twenty-foot curb cut.
11.Tom St. Pierre, Building Commissioner, stated that twenty feet of curb cut is
allowed by right in the RI zoning district. However, the petitioner will need
to close up the current driveway with a curb by project's completion, if
approved.
12.Mr. Copelas opened the meeting up to public comment. There were none.
13.Mr. Copelas read letters from neighbors Terry and Brenda Buckley at 58
Memorial Avenue, supporting the project.
14.Patrick Sargent, 48 Memorial Avenue, stated he was in favor of the petition.
15.Steven and Cindy Navarro, 55 Memorial Avenue, stated they felt the petition
would be a positive enhancement to the neighborhood.
16.Mr. Copelas went over the criteria for a special permit.
17.Rosa Ordaz made a motion to approve the petition.
18.The November 16, 2022 meeting of the Board of Appeals was held remotely,
via the online platform Zoom in accordance with Chapter 107 of the Acts of
2022.
On the basis of the above statements of fact and findings, the Salem Board of Appeals
voted five (5) in favor (Steven Smalley, Peter Copelas (Acting Chair), Rosa Ordaz, Carly
McClain, and Nina Vyedin and none (0) opposed to grant JUSTIN MATTERA a Special
Permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures
of the Salem Zoning Ordinance to expand the existing second floor and to construct an
addition to one side. In addition, the front porch will be enclosed and a new porch, deck
and pool will be constructed.
Receiving five (5) in favor votes, the petition for a Special Permit is GRANTED.
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Standard 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
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 Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
9. All construction shall be done per the plans and dimensions submitted to
and approved by this Board. Any modification to the plans and dimensions
must be approved by the Board of Appeals unless such changes are
deemed a minor field change by the Building Commissioner in consultation
with the Chair of the Board of Appeals.
10.Petitioner shall schedule Assessing Department inspections of the
property, at least annually, prior to project completion and a final
inspection upon project completion.
Date DEC 2 1 2022
1 hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this office.
A True Copy _J � f n OY7J Peter Copelas/ Acting Chair
ATTEST CITY CLERK, Salem, Mass. Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
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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 has
been filed with the Essex South Registry of Deeds.
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