boa_37_roslyn_street_-_stamped_decision 4.3.2019 CITY OF SALEM, MASSACHUSETTS
�F BOARD OF APPEAL
98 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
KamERLEY DRiscoLL TEL.978-745-9595
MAYOR
April 3, 2019 0
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DDecision A.
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Petition of CHRIS HINCHEY for a special permit per Section 3.3.5 Nonconforming ai
Two-Family Residential Structures of the Salem Zoning:Ordinance to construct third� doMers
at the existing two-story nonconforming two-family home at 37 ROSLYN STREET (13,f.3t
139) (134 Zoning District).
A public hearing on the above Petition was opened on March 20,2019 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),Peter
A. Copelas,Jimmi Heiserman,Patrick Shea,Jimmy Tsitsinos,and Paul Viccica (Alternate).
The Petitioner seeks a special permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures.
Statements of Fact:
1. In the petition date-stamped February 11,2019,the Petitioner requested a special permit per Section
3.3.5 Nonconforming Single-and Two-Family Residential Structures to construct third story dormers at the
existing two-story nonconforming two-family home.
2. Petitioner Chris Hinchey presented the petition.
3. The property is a two-family house,which is a nonconforming use in the Business Wholesale&
Automotive (134) zoning district.
4. The property is nonconforming to minimum lot area,lot area per dwelling unit,lot frontage,lot
width,and depth of rear yard.
5. The petitioner is proposing to add two third-story dormers to the property.This will increase the
height of the building in stories from 2.5 to 3 stories,but will not increase the overall height in feet of
the building.
6. The proposal will not affect any existing nonconformities or create any new nonconforrnities.
7. The requested relief,if granted,would allow the petitioner to add two third-story dormers at the
existing two-story nonconforming two-family home.
8. At the March 20,2019 public hearing, the petitioner discussed the proposal. The petitioner noted that
other houses in the neighborhood have similar shed dormers. The petitioner discussed the special
permit criteria.He noted that there was no heating system when he bought the house,and when he
installed a heating system,he accounted for the third floor. Building Commissioner Tom St. Pierre
noted that the proposal will not add any dwelling units;this is just an expansion of the second floor
unit into the third floor as a master bedroom with a bathroom.
9. At the March 20,2019 public hearing, one (1) member of the public spoke in favor of the petition,
and no (0)members of the public spoke in opposition.
City of Salem Board of Appeals
April 3,2019
Project:37 Roslyn Street
Page 2 of 2
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 nonconforming use is not substantially more detrimental than the existing
nonconforming use to the neighborhood.
1. Social, economic and community needs served by the proposal: This will create a more livable space
suitable for longer-term tenants.
2. There will be no impacts to traffic flow and safety,including parking and loading, as no dwelling units
are being added.
3. Utilities and public services are adequate.
4. There will be no impacts on the natural environment, including drainage. Gutters on the shed
dormers will drain into existing gutters.
5. The proposal fits with the neighborhood character and other dwellings in the neighborhood. Several
other houses in the neighborhood,including direct abutters,have one or more shed dormers.
6. The potential fiscal impact, including impact on City and tax base and employment, is positive: this
proposal could enhance the value of the property and thus increase the City's tax base.
On the basis of the above statements of fact, the Salem Board of Appeals voted five (5) in favor (Peter A.
Copelas, Mike Duffy (Chair),Jimmy Heiserman, Patrick Shea, and Jimmy Tsitsinos) and none (0) opposed to
grant the requested Special Permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Stractares of
the Salem Zoning Ordinance to construct third story dormers at the existing two-story nonconforming two-
family home at 37 Roslyn Street,subject to the following terms, conditions, and safeguards:
Standard Conditions:
1. 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 the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to,the Planning Board.
Mike Duffy,
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal firm 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 hervin shall not take effect until a copy of the decirian bearing the certcate of the City Clerk has been filed with the Essex South
Registry of Deeds.