boa_11_japonica_street_stamped_decision 8.29.2018 link
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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98 WASHINGTON STREET♦ SALEM,MASSACHLJSETTS 01970 COO
KuvMERLEY DRISCOLL TFLE:978-745-9595 i>C-) C
MAYOR "' C*3�
Book:
3
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August 29, 2018 ,
Decision An
City of Salem Board of Appeals
Petition of KAYLA DOHERTY COURNOYER, requesting a special permit per Sec. 3.3.3 Nonconforming
Structures of the Salem Zoning Ordinance, to allow a 16'x 16' one story addition at 11 JAPONICA STREET
(Map 26 Lot 156)(R-1 Zoning District).
A public hearing on the above Petition was opened on August 15, 2018 pursuant to M.G.L Ch. 40A, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Mike
Duffy (Chair),Peter A. Copelas,Jimmy Tsitsinos,Paul Viccica.
The Petitioner is seeking a special permit per Sec. 3.3.3 Nonconforming Structures of the Salem Zoning
Ordinance, to allow a 16'x 16' one story addition.
Statements of fact:
1. Michael and Kayla.Cournoyer,petitioners present the petition.
2. In the petition date-stamped July 23, 2018, the Petitioner requested a special permit per Sec. 3.3.3
Nonconforming Structures of the Salem Zoning Ordinance,to allow a 16'x 16'one story addition.
3. The property is located in the R-1 Zoning District.
4. The petitioner is proposing to construct a 16' x 16' one-story addition to an existing non-
conforming structure.
5. The zoning ordinance requires a minimum depth for the rear yard to be thirty feet (30'). The
current depth of the rear yard is twenty-seven (27� feet. The proposed addition would reduce the
depth of the rear yard to approximately eleven (11) feet.
6. The requested relief,if granted,would allow the petitioner construct a 16'x 16'one story addition.
7. At the public hearing seven (7) members of the public spoke in favor and no members of the
public spoke in opposition to the proposal.
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 proposed change to the structure is not substantially more detrimental to the neighborhood than the
existing non-conforming structure.
City of Salem Board of Appeals
August 29,2018
Project: 11 Japonica Street
Page 2 of 2
1. There are social, economic and community needs served by this proposal.
2. There are no changes to traffic flow and safety,including parking and loading.
3. The existing utilities are adequate to serve this addition.
4. There are no negative impacts on the natural environment,including drainage.
5. The addition fits with the neighborhood character and fits with the existing home as there are several
homes in the neighborhood with additions and the addition fits with the existing structure.
6. The potential fiscal impact,including impact on City tax base and employment,is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor, (Mike Duffy (Chair), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica) and none opposed to allow the
petitioner to construct a 16' x 16' one story addition subject to the following terms, conditions and
safeguards:
Standard Conditions:
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. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to, the Planning Board.
Mike Duffy, Chair
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 Luaus Chapter 40A,and shall be filed aadthin 20
days of frlin,g of this decision in the office of the C1ty 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 Deedr.