boa_30_nursery_street_-_stamped_decision 1.2.2019 CITY OF SALEM, MASSACHUSETTS
BOA
RD OF APPEAL
98 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
KPOERLEY DffiSCOLL TEL:978-745-9595
MAYOR p
January 2, 2019
Decision
..;
City of Salem Board of Appeals
Petition of JORDAN RYAN requesting a special permit per Section 3.3.5 of the Salem`Loning._
Ordinance to expand a nonconforming structure by constructing a porch addition at 30 NURRRY
STREET (Map 27,Lot 192) (R2 Zoning District).
A public hearing on the above Petition was opened on November 19,2018 pursuant to M.G.L Ch. 40A, § 11,
continued to December 19,2018,and closed on December 19,2018 with the following Salem Board of
Appeals members present:Mike Duffy(Chair),Peter A. Copelas,Jimmi Heiserman,Patrick Shea,and Jimmy
Tsitsinos.
The Petitioner seeks a special permit per Section 3.3.5 of the Salem Zoning Ordinance,Nonconforming Single-
and Two Family Ra dential Structures,to allow the petitioner to expand a nonconforming structure.
Statements of Fact:
1. In the petition date-stamped October 25,2018,the Petitioner requested a special permit under
Section 3.3.5 of the Zoning Ordinance to expand a nonconforming structure by reconstructing an
existing front porch and steps and constructing an addition of 3'6"within the same front setback as
the existing porch.
2. Attorney George Atkins,representing Petitioner Jordan Ryan,presented the petition.
3. The property is located in the Residential Two-Family(R2) zoning district.The existing property is
nonconforming as to minimum lot area (square feet),minimum lot frontage (feet),minimum depth of
front yard(feet),and minimum width of side yard (feet). In this district,minimum required lot area is
15,000 square feet;this lot is 8,060± square feet.Minimum required lot frontage is 100 feet;this lot
has 99 feet of frontage.A minimum front yard of 15 feet is required in the R2 district;existing front
yard is 5 feet.A minimum side yard width of 10 feet is required in the R2 district;existing side yard is
4± feet.
4. The proposal is to reconstruct the existing porch and extend the porch laterally along the same front
yard setback.The structure will not be made more nonconforming as the depth of the front yard
setback will not change;however,the existing nonconforming structure will be expanded.
5. The requested relief,if granted,would allow Petitioner to rebuild the existing porch and steps and
construct a 3'6"addition to the porch.
6. At the November 19,2018 public hearing,no members of the public spoke in favor of or in
opposition to the petition.
7. At the November 19,2018 public hearing,the Board heard and discussed the petition.The Board
wished to see the elevations (design proposals) of the reconstructed porch and the addition.The
Board wanted to be sure that the design would fit with the neighborhood character.The Board voted
City of Salem Board of Appeals
January 2,2019
Project:30 Nursery Street
Page 2 of 3
to continue to the next meeting, five (5)in favor(Mike Duffy (Chair),Peter Copelas,Jim Hacker,
Patrick Shea,and Paul Viccica) and none (0) opposed.
8. Prior to the December 19,2018 public hearing,Attorney Atkins provided the proposed elevation as
requested by the Board,showing the reconstruction and extension of the porch,as well as an assessor
card with a photo showing the existing porch.At the public hearing,Attorney Atkins also provided a
photo showing the building in context of the neighborhood.
9. At the December 19,2018 public hearing,Attorney Atkins explained that currently,in order to enter
the unit on the left side of the house,one has to pass through the other unit.Attorney Atkins
explained that the Petitioner,Jordan Ryan,would like to create a second doorway so each unit has its
own front entrance.This would be part of the newly built,extended porch,which would have two
columns and a railing rebuilt to match the existing porch.Above the porch,the existing door would
be replaced by a new window,which is in line with the designs of'other homes in the neighborhood.
10. Attorney Atkins explained that the torch and stairs will not reach further out to the street than
existing(i.e.,will not encroach on the existing nonconforming setback),but that they will be built
along the existing five foot(5) setback.
11. Per Section 3.3.5 Noncanfornsing Single-and Two-Family Residential Structures of the Salem Zoning
Ordinance, existing nonconforming one-and two-family structures "may be reconstructed,extended,
altered,or structurally changed"by special permit from the Zoning Board of Appeals.
12. At the December 19,2018 public hearing,no members of the public spoke in favor of or in
opposition to the petition.
13. The Board discussed the proposal.Based on the additional information provided,the Board was
satisfied that the proposed design would fit in with the neighborhood character. Chair Mike Duffy
noted that this is a relatively minor extension of the front porch along the line of the currently existing
five-foot setback,and not a very significant change.
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 reconstruction and alteration will not be substantially more detrimental
than the existing nonconforming structure to the neighborhood.
1. The proposal is not expected to newly serve social,economic,or community needs.
2. Traffic flow and safety,including parking and loading are not expected to change. Existing parking is
sufficient.
3. Utilities and other public services are not expected to change.
4. Impacts on the natural environment,including drainage,are not expected to change.
5. As a two-family dwelling, this property fits into the neighborhood character of this R2 zoning district.
The design of the proposed reconstruction and addition is in line with that of other buildings in the
neighborhood.
6. Regarding potential fiscal impact, including on city tax base, the rehabilitation of the building may
increase the assessed value of the property and thus increase the amount of taxes paid for the
property.
City of Salem Board of Appeals
January 2,2019
Project:30 Nursery Street
Page 3 of 3
On the basis of the above statements of fact and findings, the Salem Board of Appeals voted five (5) in favor
(Mike Duffy (Chair), Peter Copelas, Jimmi Heiserman, Patrick Shea, and Jimmy Tsitsinos) and none (0)
opposed to grant the requested special permit per Section 3.3.5 of the Salem Zoning Ordinance to expand a
nonconforming structure by constructing a porch addition at 30 Nursery Street, subject to the following
terms, conditions, and safeguards:
Standard Conditions:
1. Petitioner shall comply with all city and state statutes,
2. ordinances,codes and regulations.
3. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner.
4. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
5. Petitioner shall obtain a building permit prior to beginning any construction.
6. Exterior finishes of the new construction shall be in harmony with the existing structure.
7. A Certificate of Occupancy is to be obtained.
8. A Certificate of Inspection is to be obtained.
9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to,the Planning Board.
Mike Du :hair
Board of Appeals
r1 COPY OF THIS DECISION H11S BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fibm 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 office of the City 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
ReOtiy of Deeds.