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12 Woodside Street ZBA Final DecisionDOMINICK PANGALLO MAYOR CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET ♦SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 August 7, 2024 Decision City of Salem Board of Appeals The petition of RAYMOND MCSWIGGIN, TRUSTEE at 12 WOODSIDE STREET (Map 17, Lot 200) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure by constructing a 17’6” X 4’0” addition at the rear of the home. 12 Woodside Street is nonconforming for lot area and all setbacks required in the R2 Zoning District. A public hearing on the above petition was opened on July 17, 2024, pursuant to M.G.L Ch. 40A, § 11 and was closed on July 17, 2024. On July 17, 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Paul Viccica, Hannah Osthoff, Stephen Larrick, and Carly McClain. Statements of Fact: The petition is date-stamped June 26, 2024. The petitioner seeks the Board of Appeals approval to construct a new seventeen-foot six-inch (17’6”) x four-foot zero inch (4’0”) one-story addition at the rear of the property. 1. 12 Woodside Street is owned by the Raymond F. McSwiggin Trust. 2. The petitioner was Raymond McSwiggin, Trustee. 3. The representative was Aiden Church. 4. 12 Woodside Street is located in the R2 Zoning District (Map 17, Lot 200). 5. On July 17th, 2024, Aiden Church presented the plans to the Board. 6. 12 Woodside Street is nonconforming as it has 2,500 square feet of lot area, where 15,000 square feet is required and it does not meet any of the required setbacks for the R2 zoning district. 7. Aiden Church informed the Board that an enclosed front porch addition was allowed by special permit for 12 Woodside Street in 2022. 8. The request for relief is to construct a new one-story addition at the rear of the property. The proposed structure will extend approximately four feet to the right side of the property and four feet out at the rear of the property. The existing covered porch/stairs will be removed with this proposed addition. City of Salem Board of Appeals August 7, 2024 Page 2 of 4 9. The purpose of the addition is a reconfiguration of the interior to allow for a new bathroom and additional storage space. 10.This project will increase the nonconformity of the home but does not allow for any new nonconformities at the property. 11.Paul Viccica inquired if this is a single-family home and if it will remain a single- family home or will the proposed addition enable a second unit at the property. 12.Aiden Church stated that there will be no change of use with this proposal. 13.There were no submitted letters to the Board commenting on this project. 14.Raymond McSwiggin, homeowner, stated he had spoken with his neighbors, and they did not express any concerns regarding the proposed addition at the property. 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 functional interior space and a more aesthetic second means of ingress/egress. 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. City of Salem Board of Appeals August 7, 2024 Page 3 of 4 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, Ellen Simpson, Stephen Larrick and Hannah Osthoff)) and none (0) opposed to grant RAYMOND MCSWIGGIN a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure by constructing a 17’6” X 4’0” addition at the rear of the home, subject to the following terms, conditions and safeguards: 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. 8. Petitioner is to obtain approval from any city board or commission having jurisdiction including, but not limited to, the Planning Board. 9. Petitioner shall obtain street numbering from the City of Salem Assessor’s Office and shall display said number so as to be visible from the street. 10.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. 11.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. 12.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 August 7, 2024 Page 4 of 4 __________________________ 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 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.