12 Woodside Street WRITTEN STATEMENTWRITTEN STATEMENT
The Locus is comprised of a pre-existing nonconforming single-family structure (does
not meet any setback requirements for the R2 District; exceeds maximum lot coverage) on a
nonconforming lot (undersized for the R2 District with inadequate frontage and width). The
property owner is proposing to remove the existing open, covered porch on the right side of
the structure to accommodate the reconfiguration of the interior , as shown on the attached
architectural plans. To property owner is proposing to add a new single-level, enclosed
entrance/egress on the rear of the structure that extends approximately 4’ off the right side
and 4’ off the rear of the structure and is 17.5’ in length. As shown on the attached Plot Plan,
the structure is already nonconforming as relates to right side yard, rear yard, and lot
coverage.1 As such, no new nonconformities are being created by this proposal, and the project
should therefore require a special permit to alter/expand a nonconforming structure.
Salem Zoning Ordinance (“SZO”) § 3.3.5 provides that where the Building Commissioner
determines that the nonconforming nature of a single- or two-family structure will be increased
by a proposed reconstruction, extension, alteration, or change, the Board of Appeals may grant
a special permit to allow such reconstruction, extension, alteration, or change where it
determines that the proposed modification will not be substantially more detrimental to the
neighborhood than the existing nonconforming structure. The Building Commissioner has
previously indicated to the property owner’s contractor that this proposal would require zoning
relief.
SZO § 9.4.2 provides that evaluation of the above criteria shall make reference to
additional factors to determine that the adverse effects of the proposed use will not outweigh
its beneficial impacts to the City or the neighborhood, including: (1) community needs which
are served by the proposal; (2) traffic flow and safety, including parking and loading; (3)
adequacy of utilities and other public services; (4) neighborhood character; (5) impacts on the
natural environment including greenhouse gas emissions and view; and (6) potential economic
and fiscal impact, including impact on City services, tax base, and employment.
Although the proposal will result in a minor increase to the nonconforming nature of the
existing home, the increase will not be more detrimental to the neighborhood than what
presently exists. The owner is proposing a small addition to the rear of the structure, which is
located “behind” the existing building to the right of the Locus and faces only an existing two -
story garage in the rear. The addition will be similar in function and form to the existing
enclosed porch located on the right side of the house that will be removed. The design of the
addition will match the character of the house and of the neighborhood.
1 SZO § 4.1.2 fn. (2) provides that side yards shall be measured from the side lot line to the building line. “Building
Line” is defined in § 10 as “the line of a building face, which face shall include . . . covered porches and entrances,
whether enclosed or unenclosed.” As such, the right side yard shall be measured from the side lot line to the line
of the existing covered porch. The existing right side yard is therefore +/- 8.3’ (though not denoted on the plot
plan) and is an existing nonconformity. No variance is required where the structure already encroaches into the
right side yard.
The Board may grant this special permit because no adverse effects from the proposed
project (if any even occur) will outweigh the beneficial impact on the neighborhood or the City.
Specifically, based on the abovementioned factors:
1. The proposed project will provide the property owner with a more functional interior
space, and a more aesthetic second means of ingress/egress;
2. There will be no appreciable change to traffic flow, and any impact on parking will be an
improvement over existing conditions where the existing porch on the right side of the
structure will be removed and will open more area of the existing driveway ;
3. There are already adequate utilities and other public services servicing the Locus;
4. The proposed project will match the current character of the house and will continue to
fit in with the surrounding residential neighborhood;
5. There will be no appreciable change to the natural environment beyond the minor
expansion to the footprint of the structure; and
6. The proposed project is tied to an interior renovation, the combination of which will
create an increase in value, likely leading to increased tax revenue for the City.
Based on the foregoing factors, the Board of Appeals may grant the requested special
permit.