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204 North Street ZBA Decision 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 William Francis at 204 North Street (Map 17, Lot 0209) (R2 Zoning District) for a Special Permit Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to demolish an existing sunroom and to build a 10’ X 21’ addition and deck in the place of the sunroom. The property at 204 North Street is a corner lot and requires use of the front yard setback requirement.The structure is nonconforming with a .9’ side yard (front) setback where 15’ is required and 12’ is proposed for the rear yard setback where 30’ is required. A public hearing on the above petition was opened on November 20, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed to 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 September 23, 2024. The petitioner is seekingthe Board of Appeals approval to replace an existing sunroom with a 10’x21’ addition and deck. 1. 204 North Street is owned by The Francis Family Trust. 2. The Petitioner was Carl Dumas. 3. 204 North is located in the R2 Zoning District (Map 17, Lot 0209). 4. Greg Dumas, contractor, was present for the applicant. 5. Mr. Dumas stated that the existing lot is a nonconforming corner lot on the corner of Nursery Street and North Street. 6. The existing sunroom and deck are dilapidated and leaking. 7. The new structure will not increase the nonconformity. 8. Mr. Dumas reviewed the plans with the board and the request for relief from the side yard setback. 9. There were no comments from the public. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings,andafterthoroughreviewofthepetition,includingtheapplication narrativeandplans, City of Salem Board of Appeals December 4, 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 basisof the abovestatements offact andfindings,the Salem Boardof Appealsvoted five (5) in favor (Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, Ellen Simpson and Hannah Osthoff) and none (0) opposed to grant William Francis a Special Permit Section 3.3.3 Nonconforming Structures to demolish an existing sunroom and to build a 10’ X 21’ addition and deck in the place of the sunroom: Standard Conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 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.