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21 Chestnut St. CLERK CERTIFIED 20DAY r x CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 DOMINICK PANGALLO TEL:978-619-5685 �t MAYOR �), f%• • h g April 30, 2024 `ASS Decisi n City of Salem Board of Appeals The petition of PHILLIP GILLESPIE at 21 CHESTNUT STREET (Map 25, Lot 444) (R2 Zoning District) for a Special Permit per Section 3.3.5Nonconforming Single-and Two- Family 5tructuresto construct an 18 ft x 51 ft. one-story addition to the residence. The residence is an existing non-conforming historic structure. The existing non-conforming one-story addition to be torn down is 37 feet long. The new addition will extend an additional 14 feet along the wall for a total of 51 feet. A public hearing on the above petition was opened on April 17"', 2024, and was closed on April 17, 2024. On April 17t', 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Hannah Osthoff, Carly McClain, Stephen Larrick and Ellen Simpson. Statements of Fact: The petition is date stamped January 10, 2024.The petitioner requests to construct a one-story addition to the current structure. 1. 21 Chestnut Street is owned by Phillip Gillespie. 2. The Petitioner was Phillip Gillespie. 3. 21 Chestnut Street is located in the R2 Zoning District (Map 25, Lot 444). 4. On February 12, 2024, Helen Sides submitted a request to continue to the April 10"'1 2024, Board of Appeals meeting. 5. On February 14, 2024, the board approved the continuance. 6. On April Ir, 29024, board member Paul Viccica recused himself from participating in the petition. 7. On April 17t', 2024, Phillip Gillespie presented the requested relief to the board. 8. Mr. Gillespie stated that due to the COVID-19 pandemic, they were not able to move forward with the project and the special permit they had previously received had now lapsed. This is the reason for the resubmittal to the Zoning Board of Appeals. City of Salem Board of Appeals April 30,2024 Page 2 of 4 9. Mr. Gillespie informed the Board of Appeals that he had received an extension for a Certificate of Appropriateness from the Historical Commission until January 17, 2026. 10.Mr. Gillespie stated the proposed new addition will replace the existing "double- wide"trailer that is serving as the current addition for the property. 11.The submitted plot plan indicates the property is nonconforming for the required side setbacks in the R2 zoning district. The side yard setback is currently +/- one (1) foot. In the R2 zoning district ten (10) feet is required for the side yard setback. 12.There is a party wall shared between 21 Chestnut Street and 23 Chestnut Street. There is a party wall shared between 21 Chestnut Street and 23 Chestnut Street. The current addition is directly against the party wall as will the proposed addition. 13.The proposed addition extension along the party wall would decrease the rear yard setback from fifty-seven (57) feet to forty-three (43) feet. 14.Ms. Simpson stated she was concerned about the safety of toddlers or pets that may be stuck between the party wall and the proposed addition. 15.Mr. Gillespie responded that there would not be space between the proposed addition and the party wall. The addition will be flush to the party wall. 16.Chair Vyedin inquired if there are any changes to the plans since the 2021 proposal. Mr. Gillespie stated there were no changes. 17.At the April 17, 2024, meeting there were no public comments. 18.Mr. Gillespie reviewed the special permit criteria. 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 this ordinance, the determination includes consideration of each of the following: 1. Social, economic, or community needs are served by this proposal. There will be no effect on the social, economic or community needs. City of Salem Board of Appeals April 30,2024 Page 3 of 4 2. Traffic flow and safety, including parking and loading: there will be no impact on parking. 3. Adequate utilities and other public services already service the structure. The necessary municipal utilities will continue to serve the property. 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: there will be no impact on the city tax base. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four (5) in favor (Nina Vyedin (Chair), Carly McClain, Ellen Simpson, Hannah Osthoff and Stephen Larrick)) and none (0) opposed to grant PHILLIP GILLESPIE at 21 CHESTNUT STREET a Special Permit per Section 3.3.5 Nonconforming Single-and Two-Family Structures to construct an 18 ft x 51 ft. one-story addition to the residence, 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 City of Salem Board of Appeals April 30,2024 Page 4 of 4 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. 11.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. 12.Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. N L Nina Vyedin, Chair 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. Date MAY 2 4 2024 1 hereby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has been filedQCLERK,"' ffice. < A True CopyCAN ATTEST Salern, Mass.