6 West Terrace Decision STAMPED �4s
�-•:y CITY OF SALEM, MASSACHUSETTS
4 BOARD OF APPEALS
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July 1, 2024
Decision
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City of Salem Board of Appeals
The petition of EMILY FROESCHL at 6 WEST TERRACE (Map 33, Lot 739)(R1 Zoning
District) for a Special Permit per Section 3.3.5 Nonconforming Single- and Two-family
Structures of the Salem Zoning Ordinance to alter an existing nonconforming structure
by demolishing the rear yard enclosed porch and replacing it with a 284"x 12'one-story
addition. The proposed addition will be 5'5" from the side yard setback where 10 feet is
required.
A public hearing on the above petition was opened on June 12, 2024, pursuant to M.G.L
Ch. 40A, § 11 and was closed on June 12, 2024.
On June 12, 2024, the following members of the Salem Board of Appeals were present:
Nina Vyedin (Chair), Paul Viccica, Hannah Osthoff, Stephen Larrick, and Ellen Simpson.
Statements of Fact:
The petition is date stamped April 30, 2024. The Petitioner seeks the Board of Appeals
approval to demolish an existing rear yard porch and replace it with a one-story addition.
1. 6 West Terrace is owned by Emily Froeschl.
2. The petitioner was Emily Froeschl.
3. The representative was Helen Sides, Architect.
4. 6 West Terrace is located in the R1 Zoning District (Map 33, Lot 739).
5. Paul Viccica recused himself from the petition.
6. On June 12, 2024, Helen Sides presented the plans to the board.
7. 6 West Terrace is an existing nonconforming structure. It does not meet
requirements for the front or the western side setbacks.
8. The Petitioner proposes to demolish a one-story porch and to construct a one-
story addition in its place at the rear of the home.
9. The proposal does not increase the nonconformity of the west side setback at the
property. The proposed one-story addition will be extended into the rear yard
further than the porch but will not encroach on the rear yard setback requirements.
City of Salem Board of Appeals
July 1,2024
Page 2 of 4
14.The proposed one-story addition will reduce the nonconforming side yard setback
from four feet and seven feet (4.7� to a less nonconforming side yard setback of
five- and one-half feet (5.5).
11.Helen Sides reviewed the interior plans for the addition.
12.There were no questions from the board.
13.There were no submitted letters for the petition.
14.The meeting was opened to public comment.
15.Pauline Morency, 4 West Terrace, stated she wanted clarification about whether
the proposed addition was going to be a porch or an additional structure. Helen
Sides responded that the one-story addition would serve as additional living space
for Ms. Froeschl and would not be a new porch.
16.Ms. Morency stated that Ms. Froeschl's roommate gives massages in the home and
wanted to make sure that people do not enter the home through the rear of the
house.
17.Ms. Morency inquired what criteria the board uses to approve petitions. Chair
Vyedin responded by saying the Board of Appeals uses the six special permit
findings outlined in the zoning ordinance. Every applicant is required to submit the
Statement of Grounds with their request for relief.
18.The board reviewed the Statement of Grounds.
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: there is no
impact on the social, economic or community needs.
2. Traffic flow and safety, including parking and loading: there is no impact on
parking or traffic.
3. Adequate utilities and other public services: utilities are unchanged with the
proposal.
4. Impacts on the natural environment, including drainage: there will be no impact
on the natural environment.
City of Salem Board of Appeals
July 1,2024
Page 3 of 4
5. Neighborhood character: the project is in keeping with the neighborhood
character.
6. Potential fiscal impact, including impact on city tax base and employment: there is
no fiscal impact with the proposal.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted four (4) in favor (Nina Vyedin (Chair), Stephen Larrick, Ellen Simpson,
Hannah Osthoff) and none (0) opposed to grant EMILY FROESCHL a Special Permit
per Section 3.3.5 Nonconforming Single-and Two-family Structures of the Salem Zoning
Ordinance to alter an existing nonconforming structure by demolishing the rear yard
enclosed porch and replacing it with a 284" x 12' one-story addition, 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. 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.
10.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.
City of Salem Board of Appeals
July 1,2024
Page 4 of 4
11.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, CKair
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.