5 Howard Street Statement of GroundsSTATEMENT OF GROUNDS FOR SPECIAL PERMIT
FOR
5 HOWARD STREET, SALEM
This petition seeks a Special Permit under Section 3.3.3 (Nonconforming Structures) of the Zoning Ordinance to allow an existing, non-conforming, single-family dwelling to be altered
and enlarged by building an addition on the rear of the structure in the location of the existing covered porch and adding 1st and 2nd floor decks. The property is in the R3 Zoning
District and the building was constructed in approximately 1870. This petition is accompanied by a certified site survey and architect’s elevation and design plans. The subject property
was granted a Special Permit on August 31, 2016, under Section 3.3.3 to construct an attic shed dormer on the south-facing side of the structure.
The existing structure is nonconforming as to front setback and side setback, and the lot is nonconforming as to frontage and lot area, as shown in the following table:
Requirement
Current
Proposed
Min. Lot Area (sq. ft.)
25,000
3,800+/-
No Change
Min. Lot Frontage (feet)
100
31+/-
No Change
Min. Depth of Front Yard (feet)
15
1+/-
No Change
Min. Width of Side Yard (feet)
20
1+/- (south side)
9+/- (north side)
3’+/- (south side)
11’ 9”+/- (north side)
Min. Depth of Rear Yard (feet)
30
56+/-
45+/-
Max. Lot Coverage by all Buildings
35%
33.5%+/-
34.4%+/-
The proposed alterations to the structure will allow the petitioner to move the washer and dryer from the basement to the first floor, expand the first-floor powder room to add a walk-in
shower, expand the second-floor bathroom to make it more accessible, and add a second, more accessible form of egress from the second floor. These alterations will better enable the
aging homeowners to remain in the home and maintain the structure as a family home.
The proposed addition will extend the southern walls of the structure along the same line as the existing structure. The southern lot line is angled away from the structure as it extends
from Howard Street to the rear property line. Due to the angle of the lot line, the structure is approximately 1’ from the south side lot line at the Howard Street end and 3’ from
the south side lot line at the rear of the existing structure, where 20’ is required. The proposed addition will begin where it meets the rear of the current structure (3’ from the
south side lot line) and extend to toward the rear yard where it will end 5’ from the south side lot line at the rear corner. On the north side, the current structure us approximately
9’ from the side lot line. The proposed addition will be, at its closest point, approximately 11’9” from the north side lot line. Thus, the proposed addition is less non-conforming
than the existing structure on both side setbacks. The structure will continue to comply with the rear setback and lot coverage requirements.
The Board of Appeals may grant a Special Permit to extend, alter, or change an existing non-conforming structure if it determines that such extension, alteration, or change will not
be substantially more detrimental than the existing non-conforming structure to the neighborhood. The following factors are relevant to the Board’s consideration:
Social, economic, or community needs served by the proposal. The proposed addition will enable the petitioner to remain in the home and maintain the structure as a family home as it
has existed since 1870.
Traffic flow and safety, including parking and loading. These are unaffected by the proposal as the property will remain a single-family home that exceeds parking space requirements
of single-family homes in the R3 District.
Adequacy of utilities and other public services. There will be no impact on utilities or other public services as the structure will remain a single-family residence.
Neighborhood character. The proposed addition is in keeping with the character of the neighborhood, which includes a wide variety of residential and business structures. The subject
property is bordered by the 14 Brown Street parking lot in the rear; 10 Brown Street apartments on the south side, each floor of which has an outdoor deck; and 7 Howard Street condominiums
on the north side which was granted a variance to construct side balconies on each floor.
Impacts on the natural environment, including drainage. The proposed alterations are entirely within the rear yard of the property and will have no impact on the natural environment.
The proposed addition will occupy primarily the footprint of the existing covered porch such that the addition would not be expected to have an impact on drainage.
Potential fiscal impact, including impact on City tax base and employment. The property will remain a single-family residence such that it will have no impact on City services. The
proposed alterations will increase the value of the home and positively impact the tax base.
In light of the foregoing, petitioner requests that the Board of Appeals grant the request relief as the alteration and extension of the existing structure will not be substantially
more detrimental than the existing non-conforming structure to the neighborhood.