boa-53_summer_street_stamped_decision 8.1.2018 0
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98 WAsmNGTON STREET♦ SALEM,MASSACHUSETT CLERK
KIMBERLEY DRiscoLL 7$LE:978-745-9595 FAX:978-740-9846 % MASS
MAYOR
August 1 2018
Decision
City of Salem Board of Appeals
Petition of CHRISTOPHER NORKUN requesting a special permit per Sec. 3.3.3 Non-conforming
Structures, to allow the petitioner to restore and expand an existing barn at 53 SUMMER STREET (Map 25,
Lot 605)(R-2 Zoning District)
A public hearing on the above Petition was opened on July 18, 2018'pursuant to M.G.L Ch. 40A, § 11 and
closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas, Mike
Duffy,Jimmy Tsitsinos, Chris Drucas,Paul Viccica.
The petitioner is seeking a Special Permit per Sec. 3.3.3 Non-conforming Structures, to allow the petitioner to
restore and expand an existing barn.
Statements of fact:
1. In the petition date-stamped June 25, 2018, the Petitioner requested a Special Permit per Sec. 3.3.3
Non-conforming Structures,to allow the petitioner to restore and expand an existing barn.
2. Christopher Norkun,petitioner,presents the petition.
3. The property is located in the R-2 Zoning District.
4. The petitioner is proposing to reconstruct and expand the existing non-conforming barn. The
petitioner is proposing to disassemble the structure,construct a foundation, and reuse about a third of
the original wood materials to reconstruct and expand the existing non-conforming barn.
5. The structure is non-conforming as to side yard and rear yard setbacks, and maximum square footage
of an accessory structure. The current structure is 1.9 feet from the side yard, 4.6 feet from the rear
yard setback and is 338 square feet. The dimensional requirements for an accessory building or
structure are 5 feet from the side and rear yard and 120 square feet or 1%of the lot area,whichever is
greater.
6. The petitioner is proposing to expand the barn by extending the front portion of the structure by five
(5) feet along the current non-conforming side yard setback and expanding the structure by
approximately 86 square feet thereby increasing the non-conforming square footage of the structure.
7. The petitioner is also proposing to increase the height from 16.4 feet to 18 feet. The proposed
increase in height does not exceed the maximum height allowed for an accessory structure.
8. The petitioner plans to utilize the barn for an artist space and woodworking workshop.
City of Salem Board of Appeals
August 1,2018
Project 53 Summer Street
Page 2 of 3
9. The requested relief,if granted,would allow the Petitioner a special permit per Sec. 3.3.3 Non-
conforming Structures,to allow the petitioner to restore and expand an existing barn.
10. At the public hearing four (4) members of the public spoke in favor and none 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 Board finds that the proposed extension, alteration or change to the non-conforming structure is
not substantially more detrimental than the existing non-conforming structure to the neighborhood.
1. There are positive social, economic or community needs served by the proposall as the building is a
dilapidated structure that will be improved.
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 fits with the existing neighborhood character.
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 (Peter A.
Copelas,Mike Duffy,Jimmy Tsitsinos, Chris Drucas, Paul Viccica)in favor and none (0) opposed, to grant a
Special Permit per Sec. 3.3.3 Non-conforming Structures, to allow the petitioner to restore and expand an
existing barn 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.
Special Conditions:
1. The petitioner shall provide rodent control prior to demolition and during construction.
2. The petitioner shall construct a retaining wall along the east side rear yard and north side yard as
proposed as in accordance with the drainage alteration plan that will be reviewed and approved by the
City Engineer.
City of Salem Board of Appeals
August 1,2018
Project 53 Summer Street
Page 3 of 3
I There shall be no runoff onto adjacent properties.
CL
Peter A. Copelas (Vice-C ' )
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this deci ion,if arry, shall be made pursuant to Section 17 of the Massachusetts General Lutes Chapter 40A,and shall be fled within 20
days of faling of this decision in the office of the C1ty Ckrk 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 ce ificate of the City Clerk has been fled with the Essex South
Registry of Deeds