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3 Smith Street Unit 2 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 JULIO DA ROSA at 3 SMITH STREET, UNIT 2 (Map 36, Lot 0014) (R2 Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Single- and Two- family Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure by enlarging the existing dormer to a measurement of 25’2” X 8’5”. The existing structure at 3 Smith Street does not meet any of the required setbacks 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 th, 2024. On July 17, 2024, the following members of the Salem Board of Appeals were present: Nina Vyedin (Chair), Carly McClain, Paul Viccica, Hannah Osthoff, and Stephen Larrick. Statements of Fact: The petition is date-stamped June 7, 2024. The petitioner seeks the Board of Appeals approval to remove and to construct a new larger dormer at the property. 1. 3 Smith Street is owned by Megan Valentine. 2. The petitioner was Julio Da Rosa. 3. 3 Smith Street is located in the R2 Zoning District (Map 36, Lot 0014). 4. On July 17th, 2024, Megan Valentine presented the plans to the board. 5. The request for relief is to remove the existing dormer and replace the dormer with a larger 25’2” X 8’5” dormer at the property. 6. 3 Smith Street is nonconforming as it does not meet any of the required setbacks for the R2 zoning district. 7. The petitioner stated that the reason for the new dormer is to add to the living space upstairs and to improve the lighting in the upstairs rooms by allowing larger windows with the proposed larger dormer. 8. The proposed dormer does not increase the height of the home, nor does the building footprint increase with the construction of the proposed dormer. 9. The Historical Commission has approved the plans for the dormer. City of Salem Board of Appeals August 7, 2024 Page 2 of 4 10.Megan Valentine stated that she has spoken with her neighbors and stated that the neighbors supported the proposed dormer. 11.There were no comments from the Board. 12.The meeting was opened to public comments. There were no public comments. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, 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 meets the community needs by improving the living conditions within and enhances the neighborhood by modernizing the home. 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, Carly McClain, Stephen Larrick and Hannah Osthoff)) and none (0) opposed to grant JULIO DA ROSA a Special Permit per Section 3.3.5 Nonconforming Single- and Two-family Structures of the Salem Zoning Ordinance to extend an existing nonconforming structure City of Salem Board of Appeals August 7, 2024 Page 3 of 4 by enlarging the existing dormer to a measurement of twenty-five feet two inches (25’2”) by eight feet five inches (8’5”), 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. __________________________ Nina Vyedin, Chair Board of Appeals City of Salem Board of Appeals August 7, 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.