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91 Tremont Street Stamped ZBA Decision �ONUIT` -- CITY OF SALEM MASSACHUSETTS BOARD OF APPEALS C' i' 98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 DOMINICK PANGALLO TEL:978-619-5685 `a MAYOR February 26, 2025 Decision City of Salem Board of Appeals ,v The petition of ROD RIVERA at 91 TREMONT STREET (Map 16, Lot 297) (R2 Zoning District) for a Variance from Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to construct an addition and extend the height of a dormer on the second-and-a-half floor,creating a third floor. The proposed house will require variances for a third story where three (3) stories are proposed, and two-and-a-half(2.5) stories are allowed. This filing amends the original filing made on December 16, 2024,with a removed addition and dormer variance request. On February 12, 2025,the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica,Stephen Larrick,and Ellen Simpson. Hannah Osthoff was absent. Statements of Fact: The petition is date-stamped December 16, 2024.The petitioner sought Board of Appeals approval to construct and extend the height of a dormer,converting a house from two(2)stories to three (3) stories. 1. Maria Collazo owns 91 Tremont Street. 2. The petitioner was Rod Rivera. 3. The representative was Rod Rivera, Maria Collazo is the property owner. 4. 91 Tremont Street is located in the R2 Zoning District(Map 27, Lot 348). 5. Designer Rod Rivera presented a plan, explaining the current stairs on the second floor did not meet current building codes and inconveniently connected through the bathroom. The new stairs would connect to the attic without connecting through the second-floor bathroom. 6. Chair Vyedin asked if the addition of the dormer and height increase of the bump out would increase the building height. 7. Mr. Rivera explained the building ridge height would not increase, but the height of the bump out and dormer would increase. 8. Chair Vyedin asked for a house plot plan to see if the footprint of the house would increase. 9. Mr. Rivera verified the dimensions of the house would not change using a dimensional table,and not intensify existing non-conformities. City of Salem Board of Appeals February 26, 2025 Page 2 of 3 10. Mr. Larrick asked building commissioner Stavroula Orfanos if the construction intensified any existing non-conformities. 11. Ms. Orfanos clarified the dormer height extension increased the number of stories from two-and-a-half to three stories, requiring a variance. 12. Mr.Viccica indicated the posting has not been advertised properly,explaining historically the board had readvertised the posting because it clarifies if members of the public need to attend the meeting or look at the plan with the building commissioner. 13. Chair Vyedin noted applicants should not be placed on the agenda if there is not a specific section of the zoning ordinance referenced for the Board to relieve the applicant of. 14. Mr. Larrick stated the spirit of the variance was advertised properly and was comfortable with granting the variance in reference to outside counsel Robin Stein. 15. Mr.Viccica clarified when the attic space of a house with two-and-a-half stories becomes an occupiable third story,then it becomes three stories and requires a variance. 16. Mr. Rivera readd the statement of hardship, arguing that the dormer and stairwell are necessary improvements to enhance the usability of the second and third floor. He stated that strict adherence to the ordinance would prevent a safe stairwell and dormer addition, with the home being impractical and less safe for daily use. Mr. Rivera stated compliance would require significant financial investment to redesign or relocate the stairway. Granting relief would not adversely affect the neighborhood because it integrates seamlessly into the character of the area. 17. Ms. Simpson inquired why it would be a financial hardship to construct the stairway in a different way without increasing the height of the bump out. 18. Mr. Rivera stated that reconfiguring the second-floor stairs would remove space on the third floor, and vice versa. Without the extension of third floor space,there would be no increase in usable floor space for the family. Mr. Rivera explained the new stairs will be up to code while using the space more effectively. 19. Ms. Simpson stated the economic and practical hardship is not clearly stated yet is also the least important aspect of the variance. 20. Chair Vyedin opens up for public comment. At the public hearing, no (0) members of the public spoke in opposition to or in favor of the petition. 21. Ms. Simpson made a motion to approve the petition. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four (4) in favor, (Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, and Ellen Simpson) and zero (0) opposed, to grant Rod Rivera at 91 Tremont Street a variance from Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to construct an addition and extend the height of a dormer on the second-and-a-half floor,creating a third floor.The proposed house will require variances for a third story where three (3) stories are proposed, and two-and-a-half (2.5)stories are allowed. Standard Conditions: 1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations. City of Salem Board of Appeals February 26, 2025 Page 3 of 3 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. Nina Vyedi , 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.