145 FORT AVENUE - BUILDING INSPECTION i145 FORT AVENUE
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CITY OF SALEM MASSACHUSETTS
j BOARD OF APPEAL
120 WASHINGTON STREET♦SALEM,MASSA Y7 P&M P el; 5l
KIMBERLEY DR1scoLL TELE:978-745-9595 ♦ FAx:978-740-9846
MAYOR CITY GL€RK SALEM.MASS.
November 3% 2016
Decision
City of Salem Board of Appeals
Petition of MARIA CONNELL seeking a Special Permit per Sec. 3.3.5 Single and Two- Family Nonconforming
Structures to allow new construction of a front deck and rear addition 145 FORT AVE (Map 25,Lot 206) (R-1
Zoning District)
A public hearing on the above Petition was opened on November 16, 2016 pursuant to M.G.L Ch. 40A, § 11
and dosed on that date with the Salem Board of Appeals members present: Ms. Curran (Chair), Mr. Copelas,
Mr.Watkins,Mr. Hacker(alternate), and Mr. Viccica (alternate).
The Petitioner seeks a Special Permit per Sec. 3.3.5 Single and Two-Family Nonconforming Structures to allow new
construction of a front deck and rear addition.
Statements of fact:
1. In the petition date-stamped October 25,2016, the Petitioner requested a Special Permit per Sec. 3.3.5
Single and Two- FamijNonconforming Structures to allow new construction of a front deck and rear
addition.
2. The petitioner Maria Connell presented the petition.
3. The property is located within an R-1 Zoning District.
4. The property is nonconforming as to the rear yard setback as it is within 12' feet of the required 30'
foot setback.The petitioner is before the Board to expand the non-conforming structure.
5. The petitioner is proposing to construct a 6'x 22'deck on the front second story of the property and
a 10' x 22' rear addition. The new construction will be built within the existing footprint and will not
change any of the side, front,or rear yard setbacks.
6. The proposed deck will not extend beyond the existing front porch.
7. The proposed tear addition will be within the 2.5-story and 25' foot height limit required by the
zoning ordinance.
8. At the public hearing, one (1) member of the public spoke in favor, and none (0) spoke in opposition
to the petition.
I
1 'c
City of Salem Board of Appeals
November 30,2016
Project: 145 Fort Ave
Page 2 of 2
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:
The proposed modification will not be substantially more detrimental than the existing
nonconforming structure to the neighborhood.
1. The proposed expansion will have a positive impact on the social, economic or community needs.
2. There are no impacts on traffic flow and safety, including parking and loading as adequate parking is
provided.
3. The capacity of the utilities is not affected by the project.
4. There are no impacts on the natural environment,including drainage.
5. The proposal conforms to the existing neighborhood character.
6. The potential fiscal impact,including impact on the City tax base is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor
(Ms. Curren (Chair), Mr. Copelas (Vice-Chau), Mr. Watkins, Mr. Hacker (alternate), and Mr. Viccica
(alternate) to approve the requested Special Permit per Sec. 3.3.5 Single and Two-Family Nonconforming Structures
to allow new construction of a front deck and rear addition subject to the following conditions, terms, and
safeguards:
Standard Conditions:
1. The 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 shall be obtained.
7. A Certificate of Inspection shall be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to,the Planning Board.
Rebecca Curran,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 arty,shall be made pursuant to Section 17 of The Massachusetts Genera!lows Chapter 40A,and.Thall be filed within 20
days of fih'n8 of this decision in the office of the Ct'ry Clerk Pursuant to the Matsachasens Genera!Laws Chapter 40A, Section 11, the Variance or
Spea d Perrongranted herein shall not take effect unkl a copy of the decision hearing the certificate of the City Clerk has been ftkd with the Essex South
Registry of Deeds. -
PO Box 55098
Boston,MA 022055098
617-951-0600
Form of Notice of Casualty Loss to Building
Under MASS. GEN. LAWS, Ch. 139, Sec. 3B
To: Building Commissioner or Board of Health or
Inspector of Buildings Board of Selectman
City Hall City Hall
SALEM, MA 01970 SALEM, MA 01970
RE: Insured: MARIA CONNELL
Property Address: 145 FORT AVE, SALEM, MA
Policy Number: HMA 0415016
Claim Number: BOS00064044
Date of Loss: 4/15/2015
Company: Safety Insurance Company
Claim has been made involving loss, damage or destruction of the above-captioned property,
which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be
applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate,please
direct it to the attention of the writer and include a reference to the captioned insured, location,
policy number, date of loss and claim number.
Holly Coughlin Claim Examiner 8/26/2015
Safety Insurance Company
Homeowners Claims Unit
P. O. Box 55098
Boston, MA 02205-5098
Phone: (617) 951-0600 EXT 3026
Fax: (617) 531-6684
Email: HollyCoughlin@Safetylnsurance.com
PO Box 55098
Boston,6M 022055098
617-951-0600
r
Form of Notice of Casualty Loss to Building
Under MASS. GEN. LAWS, Ch. 139, Sec. 3B
To: Building Commissioner or Board of Health or
Inspector of Buildings Board of Selectman
City Hall City Hall
SALEM, MA 01970 SALEM, MA 01970
RE: Insured: MARIA CONNELL
Property Address: 145 FORT AVE, SALEM, MA
Policy Number: HMA 0415016
Claim Number: BOS00063899
Date of Loss: 3/31/2015
Company: Safety Insurance Company
Claim has been made involving loss, damage or destruction of the above-captioned property,
which may.either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be
applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate,please
direct it to the attention of the writer and include a reference to the captioned insured, location,
policy number, date of loss and claim number.
Lindsey Hodgens Claim Examiner 8/20/2015
Safety Insurance Company
Homeowners Claims Unit
P. 0. Box 55098
Boston, MA 02205-5098
Phone: (617) 951-0600 EXT 3418
Fax: (617).603-4914
Email: LindseyHodgens@Safetylnsurance.com
Titu of �%Ictn, fttssar4usetts
Public Propertg Department
+Nuilbing Department
(One t4stem (6reen
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer May 9, 1996
To Whom it May Concern:
RE: 145 Fort Avenue, Salem
According to the records on file in this office it has been
determined that 145 Fort Avenue is a lawful, nonconforming two
family (2) dwelling located in a R-1 District.
This is to determine use only and in no way is meant to
confirm or deny whether said property is in compliance with all
building, plumbing, gas, electric, fire or health codes.
Sincerely,
Leo E. Trembaly
Zoning Enforcement Officer
LET: scm
cc: Councillor Paskowski, Ward 1