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August 28, 2012 r
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City of Salem Zoning Board of Appeals > w
Petition of DUARTE MACHADO requesting a Special Permit to expand a nonconforming two-
family home in order to construct a 15'x25' one-story addition on the property located at 14
ALBION STREET(R-1 Zoning District).
A public hearing on the above Petition was opened on August 15, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on August 15, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Michael Duffy, Jamie
Metsch, and Bonnie Belair.
Petitioner seeks a Special Permit pursuant to Section 3.3.5 of the City of Salem Zoning
Ordinances.
Statements of fad:
1. In a petition date-stamped June 21, 2012, petitioner requested a Special Permit to
construct a 15'x25' addition on the rear of the existing two-family house at 14 Albion
Street.
2. Petitioner represented himself at the hearing.
3. At the hearing, no one spoke in favor of or in opposition to the project.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
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1. Desirable relief maybe granted without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance.
The adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood. The proposed addition merely extends the house back within an
existing nonconforming side setback, and so does not make the structure substantially more
nonconforming. The Board finds that the proposed addition is in keeping with the other
houses in the neighborhood, is not large enough to have a detrimental impact on other
properties or the natural environment, and would not have negative impacts with regard to
traffic, utilities, fire or public services.
2. In permitting such change, the Board of Appeals requires certain appropriate conditions
and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals
voted four (4) in favor (Curran, Metsch, Belair, and Duffy) and none (0) opposed,to grant the
requested Special Permit. A Special Permit under Section 3.3.5 is granted to allow for the
proposed addition as shown on the submitted plans and elevation drawings.
The Board of Appeals voted to grant petitioner's request for a Special Permit subject to the
following terms, conditions, and safeguards:
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 Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
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Michael Duffy, Member
Salem 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.
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