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BOA_21 Chestnut Street (06.07.2021) 4/1/2021 CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS -.�q 2Q2I APR --5 PM 12� .� 98 WASHINGTON STREET 2ND FLOOR SALEM,MASSACHUSETTS 01970 CITY CLERK Thomas St.Pierre,Director of Inspectional Services AC�jym��iJ SALEM, MASS Phone:978-619-5641 Kimberl Driscoll Lev McCarthy,Staff Planner Y Phone:978-619-5685 Mayor Zoning Board of Appeals Application Application ID: ZBA-21-13 Date submitted: April 1, 2021 TO THE BOARD OF APPEALS: The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at: Address:21 CHESTNUT STREET Zoning District:RI An application Is being submitted to the Board of Appeals for the following reason(s): We are proposing to construct a roughly 18 ft x 51 ft one story addition to the residence at 21 Chestnut Street in the R-1 Zonijng District. The Zoning Ordinance requires 10 ft side yard setback. This residence is an existing non-conforming historic row house sharing a party wall with the abutter at#23 Chestnut. The exisitng non-conforming one story addition to be torn down is 37 ft long. The new addition will extend 14 ft longer on said party wall. For this reason,I am requesting: [a Variance(s)from provisions of Section of the Zoning Ordinance,specifically from [true 1 A Special Permit under Section 3.3.5 of the Zoning Ordinance in order to the redience is exisitng non-conforming L]Appealing a Decision of the Building Inspector: L]Comprehensive Permit: Current Property Use:residence Are Lot Dimensions Included:Yes The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. Statement of Hardship(for Variances): Statement of Grounds(for Special Permits): Our proposal is to expand the back of the existing nonconforming residence at 21 Chestnut. There is no change in use. There will be no effect on the social,economic,or community needs,traffic,parking,utility use or tax base. There will be no environmental impact.The Salem Historical Commision will be reviewing this project on 4/7/21_ I am confident they will determine that there is no effect on neighborhood character. Petitioner:Philip Gillespie If different from petitioner Address:21 Chestnut St,Salem,MA 01970 Property Owner: Telephone:215 208 9129 Address:, Email:psgillespie2012@gmail.com Telephone: Email: Signature: Signature: 1/2 4/1/2021 Date: Date: If different from petitioner Representative:Helen F.Sides,Architect LLC Address:35 Broad St,Salem,MA 01970 Telephone:978 337 0963 Email:heleri@helensides.com Signature: ^� t Date: L� 2/2 ZONING DISTRICT — R1 SINGLE RESIDENCE REQUIRED EXISTING PROPOSED LOT AREA 15000 5760f 57605f FRONTAGE 100 38.75' 38.75' FRONT 15 9'f 9'f SIDE 10 0' 1'f REAR 30 57't 43't MAP 25 LOT 433 PICKERING FOUNDATION 20 BROAD ST. 38 80' -00 GARAGE (D 1.26' GARAGE W J MAP 25 LOT 430 OTIS EDWARDS & SUSAN MISTLER brick wall i't 23 CHESTNUT ST. Y U 18' MAP 25 LOT 443 m NATHALIE & HENRY BINNEY 60 19 CHESTNUT ST. 3 PROPOSED ADDITION a t Ic o ^ 0 BRICK r 777 Q '—� MAP 25 DWELLING LOT 444 Y U m DWELLING DWELLING #21 38.75' CHESTNUT STREET A"°FMASSq ZONING BOARD OF APPEALS PLAN ° GA1L L. cs� 21 CHESTNUT STREET � �, 0 SMITH N SALEM NO.35043 �C�� �F�,sY R�� �`$ PROPERTY OF PHILLIP GILLESPIE & DANIEL RANDALL SCALE 1"=20' MARCH 30, 2021 NORTH SHORE SURVEY CORPORATION 14 BROWN ST. — SALEM, MA (978) 744-4800 # 4947 Ls-011 N.l.iRHr' t 40-) Iva 141V !LJ ct cty Y a- X ! 'N � j u'72 $` tr i O LL i 4-1 i QUE4 � — � v � 1 i I tAfTI 9n A L V TI n .4 l 1 Ci l R.. t l .00T(I'm vie Fill i l }#i i I TJ I I , la � jl • i I® ,k CITY OF SALEM, MASSACHUSETTS Q$ BOARD OF APPEALS 98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 TEL:978-619-5685 KIMBERLEY DRISCOLL MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of PHILIP GILLESPIE for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to expand a nonconforming single-family structure by constructing an 18' by 51' one-story addition in the required side-yard setback at 21 CHESTNUT STREET (Map 25, Lot 444) (R I Zoning District). The public hearing will be held on Wednesday, May 19, 2021 at 6:30 PM via remote participation with instructions to be posted to the City Calendar and the Board of Appeals page on www.salem.com no later than May 12, 2021, in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker's Emergency Order dated March 12, 2020. Salem News publication dates: 5/5/21 & 5/12/21 Know Your Rights Under the Open Meeting Law, M.G.L.c. 30A Sections 18-25 and City Ordinance Sections 2-2028 through 2-2033. Applications and plans (if applicable)are on file and available for review during normal business hours at the Department of Planning and Community Development, 98 Washington StfRet, Second Floor, Salem, MA.These materials are also available for review orOnat hUs://tinXurl.com/SalemZBA. r"---{ >� = cn� to .. 0 v��CUl3D[T - CITY OF SALEM MASSACHUSETTS n BOARD OF APPEALS ' 98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 0197� — KIMBERLEY DRiscoLL TEL:978-619-5685 .n MAYOR r- rn 1 . . s June 7, 2021 ;r r; Cn z' Decisionun City of Salem Board of Appeals Petition of PHILIP GILLESPIE for a special permit per Section 3.3.5 Nonconforming Single-and Two FamilyResidentlal Structures of the Salem Zoning Ordinance to expand a nonconforming single-family structure by constructing an 18' by 51'one-story addition in the required side-yard setback at 21 CHESTNUT STREET (Map 25,Lot 444) (R1 Zoning District). A public hearing on the above Petition was opened on May 19,2021 pursuant to M.G.L Ch. 40A, 11 and closed on that date with the following Zoning Board of Appeals members present:Mike Duffy (Chair),Peter Copelas,Rosa Ordaz,Paul Viccica,and Carly McClain (Alternate). Board members Jimmy Tsitsinos and Steven Smalley (Alternate) were absent. The petitioner seeks a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to expand a nonconforming two-family structure by constructing an 18'by 51'one-story addition in the required side-yard setback at 21 Chestnut Street. Statements of Fact: 1. In the petition date-stamped April 6,2021,the petitioner requested a special permit per Section 3.3.5 of the Zoning Ordinance to"construct a roughly 18 ft x 51 ft one story addition to the residence at 21 Chestnut Street". 2. 21 Chestnut Street is owned by the petitioner Philip Gillespie. 3. 21 Chestnut Street is a single-family residential structure in the Residential One-Family (R1) zoning district. 4. Per the plot plan submitted with the initial application, the property is nonconforming to dimensional requirements including minimum width of side yard.The existing structure shares a parry wall with the adjacent property at 23 Chestnut Street. The plot plan indicates the side yard setback along this party wall to be ± one (1) foot. The proposed extension continues along the existing party wall,decreasing the rear yard setback from ±57 feet to ±43 feet. 5. The proposal is to modify the existing structure by removing a single-story portion of the existing structure towards the rear of the structure and replacing it with a single-story addition. 6. Due to the ongoing COVID-19 pandemic and related precautions and Governor Baker's March 12,2020 Order Suspending Certain Provisions of the Open Meeting Law,G.L. c. 30A,§18,and the Governor's March 15,2020 Order imposing strict limitations on the number of people that may gather in one place,the May 19,2021 meeting of the Board of Appeals was held remotely,via the online platform Zoom. City of Salem Board of Appeals June 7,2021 Project:21 Chestnut Street Page 2of3 7. At the May 19,2021 public hearing,petitioner Philip Gillespie was represented by architect Helen Sides. 8. Prior to the opening of the hearing,board member Paul Viccica recused himself from participating in this petition. 9. At the May 19,2021 public hearing,representative Helen Sides discussed the proposal. Ms. Sides noted that the project was issued a Certificate of Appropriateness from the Salem Historical Commission.Ms. Sides described how the proposed addition replaces a previous addition,and would extend along an existing party wall. Ms. Sides notes that the proposed addition will not extend above the top of the existing party wall,and it will not extend beyond the end of the party wall towards the rear of the lot. 10. At the May 19,2021 public hearing,no (0) members of the public spoke in favor of or in opposition to the petition. 11. At the May 19,2021 public hearing,Chair Duffy discussed how the proposal meets the criteria for special permit (noted below). 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 proposed modifications will not be substantially more detrimental than the existing nonconforming structure to the neighborhood: 1. Social,economic,or community needs are served by this proposal.The work will increase the space inside the existing home. 2. Traffic flow and safety,including parking and loading: No impact is expected. 3. Adequate utilities and other public services already service the structure. 4. Impacts on the natural environment,including drainage:No negative impact is expected,there is a slightly larger roof area,but the runoff is contained to the petitioner's property. 5. Neighborhood character:The project is in keeping with the neighborhood character and is in the rear of the property where it is not very visible from the public way.The applicant received a Certificate of Appropriateness from the Salem Historical Commission. 6. Potential fiscal impact,including impact on City tax base and employment:There is a potential positive fiscal impact, including enhancing the City's tax base by enhancing the value of the property and employment during construction. On the basis of the above statements of fact and findings,the Salem Board of Appeals voted four(4) in favor (Peter Copelas, Carly McClain (Alternate), Rosa Ordaz, Mike Duffy (Chair)) and none (0) opposed to grant to Philip Gillespie the requested special permit per Section 3.3.5 Nonconforming Single- City of Salem Board of Appeals ,June 7,2021 Project:21 Chestnut Street Page 3of3 and Two-Family Residential Structures of the Salem Zoning Ordinance to expand a nonconforming two- family structure by constructing an 18'by 51'one-story addition in the required side-yard setback at 21 Chestnut Street,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 Certificat'- 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. All construction shall be done per the plans and dimensions submitted to and approved by this Board. Any modification to the approved plans and dimensions must receive the prior approval of the Board of Appeals unless such changes are deemed insignificant by the Building Commissioner in consultation with the Board of Appeals. Mike Duffy, 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.