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5 Howard 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 Tim Walsh at5 Howard Street(Map35, Lot 0187) (R3 Zoning District)for aSpecial 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. The proposed enclosed porch has a nonconforming sidesetback of4.7 feet. In the R2, the required side setback is 10 feet.The existing structure and lot are non-conforming in the side setback as it has 1'+/- where 20' is required and the front setback as it has 1'+/- where 15' is required. The proposed addition will be less non-conforming on the side setback as it will be 3' at its closest point to the side lot line where the existing structure is 1' from its closest point to the side lot line. The proposed addition will remain conforming as to the rear setback and lot coverage. 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 August 28, 2024. The petitioner is seeking the Board of Appeals approval to remove an existing covered porch to create a two-story addition. 1. 5 Howard Street is owned by Tim and Kathy Walsh. 2. The Petitioner was Tim Walsh. 3. 5 Howard Street is located in the R3 Zoning District (Map 35, Lot 0187). 4. The existing house is a non-conforming single-familyresidential structure as to front yard and side yard setbacks. 5. The proposed addition will remain conforming to the rear setback. 6. Mr. Walsh reviewed the plans with the board and the request for relief to modify an existing non-conforming single-family residential structure. 7. There were two (2) written public comments in support of the project that were submittedtotheboardaheadoftheNovember20,2024,meeting.Thesecommentswere City of Salem Board of Appeals December 4, 2024 Page 2 of 3 written by Paul Murray of 7 Howard Street, unit 2; and Erik Hansen and Mary Gardiner of 7 Howard Street, unit 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 basisofthe 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 Tim Walsh 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. 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. City of Salem Board of Appeals December 4, 2024 Page 3 of 3 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 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.