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boa_33_pickman_road_stamped_decision 7.3.2018 NO� CITY°l OF SALEM, MASSACHUSETTS :ff BOARD OF APP2" -3 PM' 57 98 WASHINGTON STREET♦ SALEM,MASSACHTJSE-MTIY76LERK KIMBERLEYDRISCOLL TELE:978-745-9595 ♦ FAX:978-740-989ALEM- MASS MAYOR July 3, 2018 Decision City of Salem Board of Appeals Petition of JAMES M. MARSHALL seeking a special permit per Sec. 3.2.8 Accessory Living Areas, to allow the petitioner to construct a 670 sq. ft. accessory living area at 33 PICKMAN ROAD (Map 22 Lot 16)(R-1 Zoning District). A public hearing on the above Petition was opened on May 16, 2018 pursuant to M.G.L Ch. 40A, § 11 and continued to June 20, 2018 and closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair),Mike Duffy,Jimmy Tsitsinos,Chris Drucas,and Jim Hacker The petitioner is seeking a special permit per Sec. 3.2.8 Accessory Living Areas, to allow the petitioner to construct a 670 sq. ft. accessory living area. Statements of fact: 1. In the petition date-stamped April 23, 2018, the Petitioner requested a special permit per Sec. 3.2.8 Accessory Living Areas,to allow the petitioner to construct a 670 sq. ft. accessory living area. 2. James M. Marshall,petitioner,presented the petition. 3. The property is single family detached dwelling located in the R-1 District. 4. The petitioner is proposing to legalize an existing 670 square foot accessory living area within the existing footprint of the home to provide an accessory living area for a family member, to provide care, companionship and independent living for Karen E. Fox,due to health needs. 5. An accessory living area is defined as: A housekeeping unit, with its own sleeping, cooking and sanitary facilities, located within a single family dwelling that is subordinate in size to the principal unit, separated from it in a manner which maintains the appearance of the building as a single family dwelling,and allowed by special permit pursuant to Section 3.2.8 of the Salem Zoning Ordinance. 6. The requested relief, if granted, would allow the Petitioner to construct a 670 square foot accessory living area. 7. At the public hearing one (1) member of the public spoke in support and no members 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: Findings for Special Permit The purpose, procedure and requirements of Section 3.1 through and including 3.10 of this section have been fulfilled and the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or neighborhood. City of Salem Board of Appeals July 3,2018 Project 33 Pickman Road Page 2 of 2 1. There are community needs that are served by the proposal including by a family member with a means of companionship, security, dignity,and independent living. 2. There are no traffic flow and safety impacts including parking and loading. 3. Utilities and other public services are adequate. 4. There are no negative impacts to the neighborhood character. 5. There are no negative impacts to the natural environment. 6. Potential economic and fiscal impact, including impact on City services, tax base, and employment is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) (Peter A. Copelas (Vice-Chair), Mike Duffy,Jimmy Tsitsinos, Chris Drucas, and Jim Hacker) in favor and none (0) opposed,to grant a special permit per Sec. 3.2.8 Accessory Living Areas,to allow the petitioner to construct a- 670 sq. ft. accessory living area 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 Inspection shall be obtained. 7. A Certificate of Occupancy 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. Peter A. Copelas,Vice Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this decision,if and, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fling of this decision in the qfzce 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.