Loading...
186 Federal Street ZBA Final DecisionDOMINICK PANGALLO MAYOR CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET ♦SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 October 4, 2024 Decision City of Salem Board of Appeals The petition of DENISE CARRIA at 186 FEDERAL STREET, UNIT 1.(Map 25, Lot 0063)(R2 Zoning District) for a Special Permit Section 3.3.3 Nonconforming Structures to enclose an existing porch in order to use as a three-season sunroom. The proposed enclosed porch has a nonconforming side setback of 4.7 feet. In the R2, the required side setback is 10 feet. A public hearing on the above petition was opened on September 18th, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed to September 18, 2024. On September 21, 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Hannah Osthoff, Stephen Larrick, Ellen Simpson and Carly McClain. Statements of Fact: The petition is date-stamped July 22, 2024. The petitioner is seeking the Board of Appeals approval to enclose their porch to make it into a three-season porch. 1. 186 Federal Street is owned by Denise Carria. 2. The Petitioner were Denise and Jim Carria. 3. 186 Federal Street is located in the R2 Zoning District (Map 25, Lot 0063). 4. Mr. Carria stated that the porch located at 186 Federal Street was approved by the Salem Historic Commission and was constructed with the benefit of a building permit. 5. Mr. Carria stated that when he went to the Building Department to apply for a building permit to enclose the already constructed porch, he was informed that due to setback requirements he would need to go to the Zoning Board of Appeals. 6. Mr. Carria has gone back to the Historical Commission to receive approval for the design plans for the enclosed porch. The Historical Commission has approved the proposed design plans. City of Salem Board of Appeals October 4, 2024 Page 2 of 4 7. Mr. Carria reviewed the plans with the board and the request for relief from the side yard setback. 8. There were no comments from the public. 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, 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 adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in the zoning ordinance, the determination includes consideration of each of the following: 1. Social, economic, or community needs are served by this proposal: the proposal will provide the property owner with more enjoyable space of the porch once enclosed. 2. Traffic flow and safety, including parking and loading: there will be no impact on traffic flow or parking. 3. Adequacy of utilities and other public services: there will be no change in utilities with this petition. 4. Impacts on the natural environment, including drainage: there will be no impact on the natural environment. 5. Neighborhood character: the project is in keeping with the neighborhood character. 6. Potential fiscal impact, including impact on city tax base and employment: this petition potentially will increase the tax base for the city. 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 DENISE CARRIA a Special Permit Section 3.3.3 Nonconforming Structures to enclose an existing porch in order to use as a three-season sunroom, subject to the following terms, conditions and safeguards: City of Salem Board of Appeals October 4, 2024 Page 3 of 4 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 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 Vyedin, Chair Board of Appeals City of Salem Board of Appeals October 4, 2024 Page 4 of 4 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.