Loading...
11.5 Hardy Street ZBA Decision 12.4.2024 DOMINICK PANGALLO MAYOR CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 December 4, 2024 Decision City of Salem Board of Appeals The petition of Lori Pattison at 11.5 Hardy Street (Map 41, Lot 0030) (R2/B1 Zoning Districts) for a Special Permit Section 3.3.3 Nonconforming Structures to construct one new dormer and a third-floor addition on the property. The proposed dormer and third-floor addition will provide additional living space for the new unit approved by the Board of Appeals on August 14, 2023. A public hearing on the above petition was opened on November 20, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed on November 20, 2024. On November 20, 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 26, 2024, to construct one new dormer and a third-floor addition on the property 1. 11.5 Hardy Street is owned by Lori A. Pattison. 2. The Petitioner was Lori A. Pattison. 3. 11.5 Hardy Street is in the R2/B1 Zoning Districts (Map 41, Lot 0030). 4. On August 14, 2023, Ms. Pattison received a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to alter and to enlarge the residential use of a nonconforming structure by restoring and using the third (3rd) floor unit. In addition, a Variance per 4.1 Dimensional Requirements for lot area per dwelling unit where 1,423 sq. ft is proposed/3,500 sq. ft required and a Variance per section 5.1.1 –5.1.8 Off-Street Parking. permission to convert the single-family home to a three-family home. 5. Helen Sides, architect, reviews the plans with the board. 6. There are no changes in any of the setbacks. 7. There are no changes in the footprint of the house. The Special Permit is for building out the third-floor without adding height to the structure. 8. There were no comments from the public. City of Salem Board of Appeals December 4, 2024 Page 2 of 3 The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings,andafterthoroughreviewofthepetition,includingtheapplication narrativeandplans, 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 four (4) in favor (NinaVyedin (Chair), Stephen Larrick, Ellen Simpson and Hannah Osthoff), one (1) abstention (Paul Viccica), and none (0) opposed to grant Lori Pattison a Special Permit Section 3.3.3 Nonconforming Structures to construct one new dormer and a third-floor addition on the property: Standard Conditions: 1. Petitionershallcomplywithallcityandstatestatutes,ordinances,codes,andregulations. 2. Allconstructionshallbedoneaspertheplansanddimensionssubmittedtoandapproved 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. City of Salem Board of Appeals December 4, 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 VarianceorSpecialPermitgrantedhereinshallnottakeeffectuntilacopyofthedecisionbearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.