boa_decision_-_24_south_st._-_stamped 10.26.2018 CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STMET 1 SALE-M,A1,�SSAC1jUSi;T'fS 01970ca
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October 26, 2018
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Decision >M
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City of Salem; Board of Appelais cn .
Petition of THERESA PETERSON requesting a Special Permit per Sec. 3.2.8 of the Zoning Ordinance to
allow an accessory living area at 24 SOUTH STREET (Map 15,Lot 524) (R-1 Zoning District).
A public hearing on the above petition was opened on October 17, 2018 pursuant to M.G.L Ch. 40A, § 11
and was closed on that date with the following Salem Board of Appeals members present: Mike Duffy
(Chair),Jim Hacker,Patrick Shea,and Paul Viccica.
Statements of fact:
1. In the petition date-stamped September 19, 2018, the Petitioner requested a Special Permit per Sec.
3.2.8 Accessory Living Areas,to allow an existing accessory living area.
2. The petitioner presented the petition.
3. The property is a single-family detached dwelling located in the R-1 Zoning District.
4. The petitioner is seeking a special permit to allow an existing fi sh4d;accessory living area within the
home to provide an accessory living area for the petitioner' daughter, granddaughter, and the
petitioner's daughter's boyfriend. A
5. An accessory living area is defined as: A housekeeping unit, 'th its own sleeping, cooking and
sanitary facilities, located within a single family dwelling that insubordinate 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 special permit,if granted,would allow the petitioner to maintain the existing unit as an
accessory living area.
7. At the public hearing, one member of the public spoke in favor of the petition and none 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, makes the
following findings:
The purpose, procedure and requirements of Section 3.2.8 of the Zoning Ordinance have been fulfilled
and the adverse effects of the proposed use will not outweigh its beneficial impacts to the City or
neighborhood.
1. There are community need that are served by the proposal inc uding by providing family members
with a means of companionship, security, dignity, and independent living.
2. There are no traffic flow and safety impacts including parking an loading.
City of Salem Board of Appeals
October 26,2018
Project:24 South Street
Page 2 of 2
3. Utilities and other public services are adequate.
4. There are no negative impacts to the neighborhood character.
5. There are no negative impaT,ts to the natural environment.
6. Potential economic and fiscal impact, including impact on City services, tax base, and employment is
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positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four e
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Duffy [Chair], Jim Hacker, Patrick Shea, and Paul. Viccica) in favor k4d :none opposed, to issue a Special
Permit per Sec. 3.2.8 of the Zoning Ordinance to allow an accessory'living area subject to the following
terms,conditions and safeguards:
Standard:
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. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commis�ionj having jurisdiction including,but
not limited to the Planning Board.
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Mike Du fy,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 frding of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permitgranted herein shall not take effect until a copy of the decision bearing the certificate of(he C y Clerk has been filed with the Essex South
Registry of Deeds. i
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