12 Woodside Street Decision - Recorded � -1111111111�1111111111111111111111111111111111
SO,ESSEX #331 Bk:41 @58 Pg:74
"1 07/11/2022 02:18 PERMIT P9 1/5
!? CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET♦ sALEM,MASSACHUSETTs 01970
TEL:978-619-5685
KmBERLEY DRISCOLL > �s
MAYORr=
June 13, 2022
LO
Decision V*
City of Salem Board of Appeals
The petition of RAYMOND F. McSWIGGIN, at 12 WOODSIDE STREET(Map 17,Lot
200) (R2 Zoning District),for a Special Permit per Section 3.3.5 Nonconforming Single-
and Two-family Residential Structures of the Salem Zoning Ordinance to construct an
extension of the existing porch to provide a roof over the stairs in order to prevent them
from icing over in the winter.The entire proposed porch will be enclosed.
A public hearing on the above petition was opened on May 25, 2022 and was closed on
May 25, 2022.
On May 25, 2022,the following members of the Salem Board of Appeals were present:
Mike Duffy(chair), Carly McClain, Paul Viccica, Peter Copelas and Steven Smalley.
Statements of Fact:
The petition is date stamped March 18, 2022. The petitioner seeks Special Permit per
Section 3.3.5 Nonconforming Single-and Two-family structures of the Salem Zoning
Ordinance to construct an extension of the existing porch to provide a roof over the stairs.
1. 12 Woodside Street is owned by Raymond McSwiggin.
2. The petitioner was Raymond McSwiggin,Trustee of McSwiggin Trust.
3. The representative was Lauren Weeks.
4. 12 Woodside Street is located in the R2 zoning district. (Map 17, Lot 200)
5. The requested relief, if granted,would allow the Petitioner to construct an
extension of an existing porch with a roof that also covers the Stairs
6. On May 25, 2022, Lauren Weeks, Seaside Legal Solutions,presented to the
board.
7. 12 Woodside Street is a nonconforming structure on a nonconforming lot.
8. The enclosure of the front porch would be a minor expansion and would
increase the nonconformity of the front yard setback.
9. Lauren Weeks discussed the proposed plans for the enclosed porch.
10. Lauren Weeks addressed the criteria for a special permit.
€A�f91fda4L F��R �� lJ_E(N- 1
BOOK3g29 L PAGE a 7'/-
11. Chair Duffy opened the meeting up to comments from the members of the
board.
12. Paul Viccica inquired about the proposed expansion and how it appeared to
be right at the sidewalk line.
13. Ms.Weeks responded by stating that they are not moving any closer to the
sidewalk then where the current steps are located on the property.
14. Peter Copelas inquired about how there was currently a 3.9-foot distance from
the fagade of the house to the sidewalk and with the proposal they would
construct the porch in that 3.9 feet of space.
15. Ms.Weeks confirmed that was correct.
16. Mr. Copelas stated that by covering of the stairs was, in essence, expanding
the front porch area of the structure.
17. Ms.Weeks confirmed that was true.
18. Paul Viccica expressed his concerns about the change to the neighborhood
with the porch construction extending to the sidewalk.
19. Ms.Weeks stated she understood and shared with the board that at 8
Woodside Street their property also came out to the sidewalk. This was two
(2)houses down from 12 Woodside Street.
20. The plans showed that the proposed construction was more than covering the
stairs it was really an expansion of usable space for the dwelling.
21. Paul Viccica stated that the expansion of the porch was concerning due to the
proximity to the sidewalk(public way)with its pitched roof. The rainwater
would go right on to the sidewalk. He inquired if there were gutters for the
porch.
22. Ms.Weeks responded that currently,there were not gutters on the porch or
plans for the new porch.
23. Ms.Weeks shared that they are not directly at the sidewalk. The plans are for
the structure to be six(6)inches away from the sidewalk.
24. Chair Duffy opened the meeting up to public comment.
25. Raymond F.McSwiggin, 12 Woodside Street, stated that there were gutters on
the porch roof.
26. Chair Duffy inquired if the plan was to maintain gutters on the expansion of
the new porch roof. Mr.McSwiggin confirmed that was true.
27. There were no further public comments.
28. Chair Duffy expressed his understanding of the concerns for the proximity of
the proposed structure and the rainwater runoff.
29. Chair Duffy went through the submitted responses addressing the Special
Permit criteria.
30. Peter Copelas made motion to approve the petition. It was seconded by Carly
McClain.
31. Due to the ongoing COVID-i9 pandemic and related precautions and
Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the
Open Meeting Law, G.L. c. 3oA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the May 25, 2022 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
2
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more
detrimental than the existing nonconforming use to the neighborhood and that the
adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood:
1. Social, economic, or community needs were served by this petition.
2. Traffic flow and safety, including parking and loading: there will no impact
on traffic or parking.
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character:The project will not have a negative impact on the
residential neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment.
There will be a positive fiscal impact on the city or its tax base.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted five(5)in favor(Steven Smalley,Mike Duffy(chair), Carly McClain, Paul Viccica
and Peter Copelas) and none(o) opposed to grant Raymond McSwiggin a Special Permit
per Section 3.3.5 Nonconforming Single-and Two-family Residential Structures of the
Salem Zoning Ordinance to construct an extension of the existing porch to provide a
roof over the stairs in order to prevent them from icing over in the winter.The entire
proposed porch will be enclosed.
Receiving five(5)in favor votes,the petition for a special permit is approved.
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. A Certificate of Inspection is to be obtained.
3
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to,the Planning Board.
g. 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.
Special Conditions:
i. Gutters and downspouts will be installed to ensure rainwater does not flow onto the
public way.
2. The structure will be no closer than twelve (12) inches to the public way(sidewalk).
Date JUL 0 6 2022
'I hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this o Lce,
A True Copy
ATTEST: CITY CLERK, Salem, Mass.
InI
Mike Duffy, 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 4oA, 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 4oA, Section 11,the Variance or Special Permit granted herein shall not
4
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.
5