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7 Vista Ave Decision STAMPED �OND1T,� CITY OF SALEM, MASSACHUSETTS a' ` o BOARD OF APPEALS 98 WASHINGTON STREET♦ SALEM,MASSACHUSETI'S 019�4 :- DOMINICK PANGALLO TEL:978-619-5685 MAYOR v 7uly 1, 2024 Decision s City of Salem Board of Appeals The petition of MADENNA NICHOLSON at 7 VISTA AVENUE (Map 9, Lot 266) (Rl Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to construct a 15'X 24.2'addition at the rear of the existing dwelling. The proposed addition and stairwell will be 14.7'feet at its closest point into the rear yard setback. In the R1 zoning district, 30 feet is required. A public hearing on the above petition was opened on June 12, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed on June 12, 2024. On June 121 20241 the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Hannah Osthoff, Stephen Larrick and Ellen Simpson. Statements of Fact: The petition is date stamped May 22, 2024. The Petitioner seeks the Board of Appeals approval to construct a new addition and stairwell at the rear of the property. 1. 7 Vista Avenue is owned by Madenna Nicholson. 2. The petitioner was Madenna Nicholson. 3. The representative was AJ Capano, Attorney. 4. 7 Vista Avenue is located in the R1 Zoning District (Map 9, Lot 266). 5. On June 12, 2024, AJ Capano presented the plans to the board. 6. The request for relief is to increase the amount of living space at the residence. 7. 7 Vista Avenue is nonconforming in its frontage and in the rear yard setback for the R1 zoning district. The property has thirty-five (35) feet of frontage where one hundred (100) feet is required. 8. The submitted plot plan stated that the proposed rear yard setback would be seventeen feet and six tenths (17.6) feet. The actual measurement for the rear yard setback is fourteen and seven tenths (14.7) feet. Thirty (30) feet is required in the R1 zoning district. City of Salem Board of Appeals July 111,2024 Page 2 of 4 9. Nina Vyedin inquired if the Petitioner had any conversations with their abutters. Madenna Nicholson stated that she had spoken to her neighbors and their responses to the proposed addition were all positive. 10.There were no written comments submitted to the board. 11.AJ Capano reviewed the submitted Statement of Grounds. 12.The meeting was opened to public comment. 13.Mary Montes, 4 Scenic Avenue, commented that she had concerns about the location of the stairs and that she had not spoken with Madenna Nicholson about this petition. 14.Martin Figueroa, 4 Scenic Avenue, stated his concern that the stairs, as drafted on the plans, would end very close to their fence and their property line. 15.Paul Viccica stated that given the proximity of the proposed stairs with the new addition, there are multiple locations for the stairs to be located that won't increase the nonconformity at the property. The board inquired if the Petitioner would accept a special condition of having the proposed stairs along with the addition at no more than 17.6 feet into the rear yard setback. 16.Madenna Nicholson stated she would accept a special condition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings, and after thorough review of the petition, including the application narrative and plans, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Special Permit Findings: The Board finds that the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in the zoning ordinance, the determination includes consideration of each of the following: 1. Social, economic, or community needs are served by this proposal: the proposal meets the community needs by improving the living conditions within and enhances the neighborhood by modernizing the home. 2. Traffic flow and safety, including parking and loading: there will be no impact on traffic flow or parking. 3. Adequacy of utilities and other public services: there will be no change in utilities with this petition. City of Salem Board of Appeals July 111,2024 Page 3 of 4 4. Impacts on the natural environment, including drainage: there will be no impact on the natural environment. 5. Neighborhood character: the project is in keeping with the neighborhood character. 6. Potential fiscal impact, including impact on city tax base and employment: this petition potentially will increase the tax base for the city. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted five (5) in favor (Nina Vyedin (Chair), Paul Viccica, Ellen Simpson, Stephen Larrick and Hannah Osthoff) and none (0) opposed to grant MADENNA NICHOLSON at 7 VISTA AVENUE a Special Permit per Section 3.3.5 Nonconforming Single-and Two-Family ResidentialStructuresof the Salem Zoning Ordinance to construct a 15' X 24.2' addition with stairs at the rear of the existing dwelling, subject to the following terms, conditions and safeguards: 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. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 10.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. City of Salem Board of Appeals July l-1t,2024 Page 4 of 4 11.All construction shall be done per the plans and dimensions aligned with the special condition that was 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. 12.Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. Special Condition: 1. The stairs for the deck shall be redesigned so that they are set back a minimum of 17.6 feet from the property line and shall not increase any other nonconformity. Nina Vyedin, C air Board of Appeals 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.