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CITY OF SALEM, MASSACHUSF TS
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BOARD OF APPEAL
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June 10, 2014 3
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Decision o
City of Salem Board of Appeals
Petition of JOSEPH & MARIA GAGNON, requesting special permits per Sec. 3.3.5 Nonconforming
Single- and Two-Family Residential Structures and Sec. 4.1.1 Table o£Dimensional Requirements of
the Salem Zoning Ordinance, to allow the renovation of an existing nonconforming single-family
residence into a two-family residence, with less than the required minimum lot area per dwelling
unit, at the property located at 105 BROADWAY(R2 Zoning District).
a\ public heating on the above Petition was opened on May 21, 2014 pursuant to bLG.L Ch. 40A, � 11. The
hearing was closed on that date with the following Salem Board of Appeals members present: \Is. Harris
(acting Chair), Mr. Dionne, Air. Duffy, Mr. Watkins, and \,lr. Copelas (Alternate).
The Petitioner seeks Special Permits per Section 3.3.5 NonconJormhig Siu,le- roil7'iuo-1 rrui!}' Rerrdenlia!SJ•uc'lmer
and Section 4.1.t Table of Dimeruional lZequiremerrtr of the Salem Zoning Ordinance.
Statements of fact:
1. in the petition date-stamped _April 28, 2014, the Petitioner requested a Special Permit per Sec 3.3.5
�'nrrcar(aruing Single- and Toro-Fwvr ly Residential Simauref of the Salem Zoning Ordinance, to change an
existing nonconforming single-family residence to a two-family residence, and a Special Permit per
Section 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance, to allow less than
the required minimum lot area per dwelling unit at an existing non-conforming property.
2. \ir. Joseph Gagnon, petitioner, presented the petition for the property at 105 Broadway.
3. The petition proposes to renovate and rehabilitate an existing single-familc residence to be a two-
family residence. There would be no change to the footprint or dimensions of the existing building.
4. The submitted plans include the addition of a driveway and three off-street parking spaces on the
properh•.
5. The required minimum lot area per dwelling unit for the R2 zone is 7,500 square feet. The existing
lot is nonconforming, as it is only 5,000 square feet in size, with one residential unit.
6. The proposal mould increase the number of residential units to two (2), which would decrease the lot
area per dwelling unit from 5,000 square feet (existing) to 2,500 square feet (proposed).
7. The requested relief, if granted, would allow the Petitioner to renovate the existing non-conforming
single-fanuty residential structure into a non-conforming nvo-Family residential structure, and would
allow a lot pare per dwelling unit of 2,500 square feet.
8. At the public hearing, one abutter spoke tit support of the petition.
Tlie Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrarn e and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed protect meets the
provisions of the City of Salem Zonmg Ordinance:
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City of Salem Board of Appeals
June 10, 2014
Project: 105 Broadway
Pave 2 of 2
Findings
1. The slight increase in density does not outweigh the project's beneficial impacts.
2. The proposal serves a community need — it is transforming a house that is derelict and putting it to
good use.
3. There will be no additional impact on traffic flow or safety — the proposal addresses traffic and
parking considerations.
4. The utilities and public services to the building will be adequate.
S. The proposal would make the property more in keeping with the neighborhood character.
G. There are no negative impacts on the natural environment, i icluding view.
7. The proposal will have a positive economic and fiscal impact.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(Mr. Watkins, Ms. Harris, Mr. Dionne, Mr. Copelas, and Mr. Duffy in favor) and none (0), to grant the
requested Special Permits to allow the renovation of an existing nonconforming single-fan-Aly residence into a
two-family residence, with 2,500 square feet of lot area per dwelling unit, subject to the following terms,
conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as pet 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 srrictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of 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 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.
9. . Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not hinited to, the Planning Board
\nnic Harris, Acing Chi r
Board of Appeals
-\COPY OF THIS DECISION HAS BEEN PILED\CTI fI Tf Its PL.\NNING BOARD AND-1 HE CITY CLERK
I ppeal firm Ibcr dea.irou, if any, ..ball be made pi mold to Se lion 1%of Me A/a,,admfellt Genera!I.iv., Chapier 40i L and shall be filed naibm 20
daps o/filiuq of lbir elerision in the oQi�e of 1be C+ry Clerk. Ilia: a+nl lo Me Alafmadvuells General Lehi Chapler 40,1, Se,fbin 11, the I arianee ar
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