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13 Scenic Avenue BOA Decision DOMINICK PANGALLO MAYOR CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET  SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 December 30, 2024 Decision City of Salem Board of Appeals The petition of Carlos Alvarado at 13 Scenic Avenue (Map 9, Lot 76) (R1 Zoning District) a Special Permit Section 3.3.5 Single- and Two-Family Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing living room addition and to build an 18’ x 18’ (with one corner cut off) one-story living room addition. The property at 13 Scenic Ave is a corner lot with three front yards and one rear yard. The structure is existing nonconforming on the front yard along Scenic Ave at 10’ where 15’ is required. The new proposed structure will decrease one existing nonconforming front setback along Scenic Place from 0’ to 3’ where 15’ is required. A public hearing on the above petiti on was opened on December 18, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed to December 18, 2024. On December 18, 2024, 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 October 4, 2024. The petitioner is seeking the Board of Appeals approval to remove an existing covered porch to create a two-story addition. 1. 13 Scenic Avenue is owned by Carlos and Yariana Alvarado. 2. The Petitioner was Carlos Alvarado. 3. 13 Scenic Avenue is located in the R1 Zoning District (Map 9, Lot 76). 4. The existing house is a non-conforming single-family residential structure as to front yard setbacks. 5. The proposed addition will decrease the nonconforming setback along Scenic Place. 6. John Crowell of Deer Hill Architects, 40 Lowell Street, Peabody MA, reviewed the plans with the board and the request for relief to modify an existing non-conforming single- family residential structure. 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, City of Salem Board of Appeals December 30, 2024 Page 2 of 3 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 proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 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, Stephen Larrick , Ellen Simpson and Hannah Osthoff) and none (0) opposed to grant Carlos Alvarado a Special Permit Section 3.3.5 Single- and Two-Family Nonconforming Structures of the Salem Zoning Ordinance to remove an existing covered porch and to construct a new two-story addition in its place: 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 wit h 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. City of Salem Board of Appeals December 30, 2024 Page 3 of 3 __________________________ 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.