59 MEMORIAL DRIVE - BUILDING INSPECTION _ _ 1
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CITY OF SALEM MASSACHUSETTS
-` i BOARD OF APPEAL
120 WAS3-IINGTON STREET 1 SALEM,MASSACHUS$Tr9AR 3 p 0 4b
KIMBERLEY DRiscoLL TELE 978-745-9595 1 FAX 978-740-9846.
MAYOR n r
ciTY
March 30, 2016
Decision
City of Salem Board of Appeals
Petition of MELISSA VACON, seeking a Special Permit per Sec. 3.3.3 Nonconfbrrning Structures of
the Salem Zoning Ordinance to alter an existing nonconforming structure at the property of 59
Memorial Drive (Map 42 Lot 13)(R1 Zoning District).
A public hearing on the above Petition was opened on March 16,2016 pursuant to M.G.L Ch. 40A, § 11. The
heating was closed on that date with the following Salem Board of Appeals members present: Rebecca
Curran(Chair),Peter A. Copelas,Mike Duffy,Tom Watkins,Jimmy Tsitsinos.
The petitioner is seeking a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning
Ordinance to alter an existing nonconforming structure.
Statements of fact:
1. In the petition date-stamped February 23, 2016, the Petitioner requested a Special permit per Sec. 3.3.3
Nonconforming Structures of the Salem Zoning Ordinance to alter an existing nonconforming
structure.
2. Attorney Scott Grover presented the petition on behalf of the petitioner.
3. The subject property is located in a R1 Zoning District and is a single family residence.
4. The petitioner proposes to construct a shed roof to expand the second floor and construct a rear
Ianding and stairs at the first floor level.
5. The existing structure is within 5.7' feet of the side yard setback and does not conform to the side yard
setback requirement of ten (10) feet. The proposed addition will not increase the nonconformity with
respect to this setback,which is proposed to stand at 7' feet from the side yard setback.
6. The height of the.structure and number of stories proposed is within the dimensional requirements of
the Zoning Ordinance for an R1 Zoning District.
7. The requested relief, if granted, would allow the Petitioner to alter an existing nonconforming
structure.
8. At the public hearing one (1) member of the public spoke in favor of and none (0) spoke in opposition
to, the petition.
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, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
a
,6 c.
e
City of Salem Board of Appeals
March 30,2016
Project 59 Memorial Drive
Page 2 of 2
Findings for Special Permit
The proposed change is not substantially more detrimental to the neighborhood that the existing
nonconforming structure.
1. The proposed building alteration of the non-conforming structure would not be more substantially
detrimental than the existing non-conforming structure to the impact on the social, economic or
community needs served by the proposal.
2. There are no impacts on traffic flow and safety,including parking and loading.
3. The capacity of the utilities is not affected by the project.
4. There are minimal impacts on the natural environment,including drainage.
5. The proposal improves neighborhood character as it improves the property.
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 (Rebecca
Curran (Chau), Peter A. Copelas,Mike Duffy,Jimmy Tsitsinos,Tom Watkins) in favor and none (0)
opposed,to grant a Special Permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to
alter an existing nonconforming structure 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 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 new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to,the Planning Board. /
Rebecca Curran, Chair 1
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm this decision, if any, shall be made pursuant to Section 17 of the Masracbasetts General Laws Chapter 40A, and sball be fzkd within 20
days of fzk'ng of this deasion in the office of the City Ckrk Pursuant to the Massachusetts General Znws Chapter 40A,Section 11, the Vaname or
Special Perntitgranted herein shall not take effect until a ropy of the deacon beating the cerlicate of the City Clerk has been filed with the Essex South
Reg roy of Deeds.