19 Winter Island Rd Decision (ROD CERTIFIED) t
CITY MASSACHUSETTS
C OF S ALEM,
BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
'ILL:978-619-5685
ACTING MAYOR ''"
ROBERT K.MCba AY - 1 2023
hereby certify that 20 days have
April 10, 2023
expired from the date this instrument }
was received, and that NO APPEAL Decision
has been filed in this off de.
A True Copt i, 2 itY of Salem Board of Appeals
ATTEST. CITY CLERK, Salem, Mass.
The petition of WILLIAM MUNROE at 19 WINTER ISLAND ROAD (Map 44, Lot 24) (Rl Zoning
District) for a Special Permit per Section 3.3.5 Nonconforming Single-and Two Family
Structures of the Salem Zoning Ordinance to add a deck with stairs on one side of the house on
the first-floor level with a balcony above at the second-floor level. These structures will be
within the required setback of ten feet.
A public hearing on the above petition was opened on March 22, 2023 and was closed
on March 22, 2023.
On March 22, 2023, the following members of the Salem Board of Appeals were
present: Peter A. Copelas (Chair), Carly McClain, Paul Viccica, Nina Vyedin and Steven
Smalley. III I II III I III I IIIIIIIIIII IIII III III
SO,ESSEX #300 Bk:41544 Pg:510
Statements of Fact: 05/01/2023 03:14 PERMIT Pg 1/4
The petition is date stamped February 16, 2023. The petitioner requests to build a deck
with stairs on one side of the house on the first-floor level with a balcony above at the second-
floor level.
1. 19 Winter Island Road is owned by William Munroe.
2. The petitioner was William Munroe.
3. William Munroe was represented by Attorney, Scott Grover.
4. 19 Winter Island Road is located in the R1 zoning district. (Map44, Lot24).
5. On March 22, 2023 Scott Grover presented the plans to the board. The lot at
19 Winter Island Road is approximately three thousand square feet (3,000
Sq.ft). The property is a corner lot.
6. The property at 19 Winter Island Road is an existing nonconforming
structure. It does not conform to the front and side setbacks or lot area of an
R1 Zoning District.
BOOK
i
7. Peter Pitman, Pitman and Wardley Associates, discussed the plans for 19
Winter Island Road to the board.
8. Currently, there is not a lot of outdoor space at the location. The petitioner
would like to utilize what they have for outdoor space by adding two decks to
the property. A larger deck on the first floor and a balcony deck, above, for
the second floor.
9. The proposed decks will encroach slightly into the side setbacks of the
property. This will increase the nonconformity of the property.
10.Attorney Grover stated that the new nonconformity will be no more
detrimental to the neighborhood and will have a minimal impact in the
neighborhood.
11.Attorney Grover stated that Mr. Munroe did speak to all his direct abutters
and the neighbors stated that they approved of Mr. Munroe's petition.
12.Attorney Grover went over the criteria for acquiring a special permit.
13.Peter Pitman went over the plans for the proposed deck.
14.Chair Copelas stated he liked the design of the project and was glad to hear
that the petitioner had spoke with the neighbors to get feedback for the deck
proposal.
15.Chair Copelas opened the meeting up to questions from the members of the
board.
16.Nina Vyden stated she felt this was a nice design and a good project for the
area.
17.There were no more questions from the board.
18.Chair Copelas opened the meeting up to the public.
19.Doug Karam, 25 Winter Island Road, stated that he approves of the proposal.
20.Paul Viccica made a motion to approve the petition.
21.The March 22, 2023 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(Chair), Carly McClain, Nina
Vyedin and Paul Viccica and none (0) opposed to grant WILLIAM MUNROE at 19
WINTER ISLAND ROAD a Special Permit per Section 3.3.5 Nonconforming Single-and
Two-Family Structures of the Salem Zoning Ordinance to add a deck with stairs on one
side of the house on the first-floor level with a balcony above at the second-floor level.
Receiving five (5) in favor votes, the petition for a Special Permit is GRANTED.
Standard Conditions:
2
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. Petitioner is to obtain approval from any 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 the Petitioner to demolish or
reconstruct the structure(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. 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.
Peter A. Copelas/ Chair
Board of Appeals
3
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 has
been filed with the Essex South Registry of Deeds.
4