boa_decision_-_116_bridge_st._-_stamped 10.26.2018 .16
CITY OF SALEM MAS,. ACHUSETTS
BOARD OF A PEAL
98 WASHING roN STREET♦ SALEM,MjA`;sACHUSI TT5 01970 .'
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October 26, 2018 _Xr is
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City of Salem Board of Appeals cry
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Petition of petitioner of KEVIN MCCAFFERTY, requesting a Special Permit per the dimensional
requirements in Table 4.1.1 in the Zoning Ordinance to allow a dormer at the third floor attic level of the
two-family home at 116 BRIDGE STREET (Map 36,Lot 69) (R-2 and ECOD Zoning District).
A public hearing on the above Petition was opened on October 17, 2018 pursuant to M.G.L Ch. 40A, § 11
and closed on that date with the following Salem Board of Appeals members present: Mike Duffy (Chair),
James Hacker,Patrick Shea, and Paul Viccica.
Statements of fact:
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1. The petitioner presented the:petition.
2. The property is located in the R-2 Zoning District and Entrance �orridor Overlay District.
3. In the petition date-stamped September 18, 2018, the petitionerl'req�,ested a Special Permit for relief
from the dimensional requirements in Table 4.1.1 in the Zoning Ordinance to allow a dormer at the
third floor attic level of the two-family home.
4. The property is a legal,nonconforming two-family residential structure.
5. Table 4.1.1 of the Zoning Ordinance allows a building height up to 2.5 stories within the R-2 Zoning
District,which the applicant proposes to exceed by constructing a dormer at the third floor attic level.
6. At the public hearing, no members of the public spoke in favor of the petition and one 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:
The Board finds that the adverse effects of expanding the structure's;� nconformity to allow the proposed
dormer will not outweigh its benekcial impacts to the City or the neighborhood, in view of the particular
characteristics of the site, and of the proposal in relation to that site. A principal purpose of the requested
relief is to allow adequate space for entry and exit from the third-floor 1ivfnng space by a stairway.
1. Community needs are served by the proposal, as an existing resid ntial building will be enhanced.
2. Traffic flow and safety,including parking and loading are not impacted.
3. Adequacy of utilities and other public services will not be impacted.
4. Neighborhood character will not be impacted.
City of Salem Board of Appeals
October 26,2018
Project: 116 Bridge Street { :'
Page 2 of 2
5. There are no impacts on the natural environment including view.
6. Potential economic and fiscal impact, including impact on City services, tax base, and employment
will be positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four in favor
(Mike Duffy [Chair], James Hacker, Patrick Shea, and Paul Viccica) and )r i1e opposed, to grant a Special
Permit for relief from the dimensional requirements in Table 4.1.1 in the Zoning Ordinance to allow a
dormer at the third floor attic level of the two-family home, subject to the following terms, conditions and
safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statues, 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. Exterior finishes of the new construction shall be in harmony with the existing structure.
5. A Certificate of Occupancy�is to be obtained.
6. Petitioner is to obtain approval from any Cili Board or Cointnis 'on having jurisdiction including, but
not limited to the Planning Board.
Mike Duffr, 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 Laws Chapter 40A, and shall be filed within 20
days of fikng 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 berein shall not take eftct until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
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