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boa_12_mall_street_stamped_decision 7.3.2018 CITY OF SALEM, MASSACHU TTS BOARD OF APPEAL i -3 S7 —�� 98 WASHINGTON STREET♦ SALEM,MASSACHusETrs 019703A L' , / �1 KIMBERLEY DRISCOLL nLE:978-745-9595 ♦ FAX:978-740-9846 s Mq S$ MAYOR july 3 2018 Decision City of Salem Board of Appeals Petition of NORTH VENTURES, INC. seeking a special permit per Sec. 3.3.3 Non-Conforming Structures, of the Salem Zoning Ordinance, to allow the petitioner to alter and expand the existing structure at 12 MALL STREET (Map 35 Lot 103)(R-2 Zoning District). A public hearing on the above Petition was opened on May 16, 2018 and continued to June 20,2018 pursuant to M.G:L Ch. 40A, § 11. The hearing was closed on June 20, 2018 with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair), Mike Duffy,Jimmy Tsitsinos, Chris Drucas, and Paul Viccica. The petitioner is seeking a Special Permit per Sec. 3.3.3 Non-Conforming Structures, of the Salem Zoning Ordinance,to allow the petitioner to alter and expand the existing structure. Statements of fact: 1. In the petition date-stamped April 25, 2018, the Petitioner requested a special permit per Sec. 3.3.3 Non-Conforming Structures, of the Salem Zoning Ordinance, to allow the petitioner to alter and expand the existing structure. 2. Attorney Thomas Alexander- 1 School Street,Beverly,MA-presented the petition. 3. The property is located in the R-2 Zoning District. 4. The petitioner is proposing to enlarge and alter an existing three (3) family structure. 5. The petitioner is proposing to remove and replace the existing second floor one window dormer on the front with a two window dormer, restore the two porches on either side of the house to their historic appearances including the removal of the enclosure of them. The petitioner is also proposing to remove a rear second story one window dormer and add a second story to the one story part of the building located in the back. 6. The petitioner is proposing to remove the vinyl siding and reuse the existing wooden clapboards where possible or replace with new wooden clapboards where the existing cannot be used. 7. The footprint of the existing structure will remain the same and the building will remain a three (3) family structure. 8. At the May 16, 2018 meeting, the Board requested that the petitioner redesign the second story addition to be less impactful in massing and height. 9. At the June 20, 2018 meeting, the petitioner presented alternative plans with rear second story with a lower roof height and no windows. 10. The requested relief, if granted, would allow the petitioner to alter and expand the existing non- conforming structure. City of Salem Board of Appeals July 3,2018 Project 12 Mall Street Page 2 of 3 11. At the public hearing on May 19, 2018 no members of the public spoke in support, and one (1) member of the public (1) spoke in opposition to, the original petition. At the June 20, 2018 meeting, the same member of the public submitted a letter in support of the proposal with the changes to the second story addition. No members of the public spoke in opposition. 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 1. The proposed expansion of a 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 no impacts on the natural environment,including drainage. 5. The proposal improves neighborhood character as it improves the property and the porch is in keeping with the historic character of the structure and neighboring structures. 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 (5) (Peter A. Copelas (Vice-Chair), Mike Duffy,Jimmy Tsitsinos, Chtis Drucas, and Paul Viccica) in favor and none (0) opposed, to grant a special permit per 3.3.3 Non-Conforming Structures, of the Salem Zoning Ordinance, to allow the petitioner to alter and expand the existing 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 begiruvng 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. City of Salem Board of Appeals July 3,2018 Project 12 Mall Street Page 3 of 3 c�. S' 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 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 o#ice of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permitgranted benzin 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 Deed,.