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boa_42_march_street_-_stamped_decision 4.3.2019 } CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 98 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 KIMBERLEY DRISCOLL TEL:978-745-9595 - MAYOR April 3, 2019 -� Decision City of Salem Board of Appeals -4 Petition of SUSAN TROCKI HALLAM for a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to alter an existing nonconforming structure by adding a 9'by 12' deck,requiring relief from maximum lot coverage, to the existing two-family home at 42 MARCH STREET (Map..;6, Lot 218) (R2 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,Jimmy 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 January 31,2019,the Petitioner requested a special permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures to alter an existing nonconforming structure by adding a 9'by 12'deck,requiring relief from maximum lot coverage, to the existing two- family home. 2. Petitioner Susan Trocki Hallam presented the petition. 3. The property is a two-family house in the Residential Two-Family (R2) zoning district. 4. The property is nonconforming as to minimum lot area,lot area per dwelling unit,lot frontage,lot width, depth of front yard,depth of rear yard,width of side yard,and maximum lot coverage. 5. The petitioner is proposing to add a 9'by 12'deck to the rear of the property. By increasing the lot coverage,this deck would make the property more nonconforming as to maximum lot coverage.This will not affect any other nonconformities or create any new nonconformities. 6. The requested relief,if granted,would allow the petitioner to add a 9'by 12'deck to the rear of the property. 7. At the March 20,2019 public hearing,the petitioner explained the proposal,noting that she hopes it will increase the value of the house. 8. The petitioner submitted three letters from neighbors in support of her petition, from Gregory A. Grant (40 March Street),Mary K.Mendell (38 March Street),and William H. and Karen L. Parsons (41 March Street). 9. Mr. Copelas asked the petitioner about the existing deck.The petitioner responded that there is a 39" by six feet deck. Mr. Copelas asked if the existing deck will stay. The petitioner stated that the new deck will replace the current deck. City of Salem Board of Appeals April 3,2019 Project:42 March Street Page 2 of 3 10. At the March 20,2019 public hearing,no (0) members of the public spoke in favor of or in opposition to the petition. One member of the public asked about the square footage of the yard and asked about what was proposed. The Board showed the plot plan to this member of the public,and the petitioner explained the proposal. 11. Chair Duffy stated that the deck is close to the center of the yard and is not affecting any to the side or front setbacks,and will still leave about nine (9) feet to the rear yard. 12. The petitioner noted that the deck will be a maximum of 9'by 12'. 13. Chair Duffy stated that minimal relief is being requested for this dimensional issue,and that this is a relatively modest 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 Board finds that the proposed nonconforming use is not substantially more detrimental than the existing nonconforming use to the neighborhood. 1. There are social,economic and community needs served by the proposal. 2. There will be no impacts to traffic flow and safety,including parking and loading. 3. As there will be no greater demands on utilities or public services, the existing utilities and public services are adequate. 4. There will be no impacts on the natural environment,including drainage. 5. The proposal fits with the neighborhood character and other dwellings in the neighborhood. 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, Patrick Shea,Mike Duffy (Chair),Jimmi Heiserman, and Jimmy Tsitsinos) and none (0) opposed to grant the requested Special Permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures of the Salem Zoning Ordinance to alter an existing nonconforming structure by adding a 9' by 12' deck, requiring relief from maximum lot coverage, to the existing two-family home at 42 March 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 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. City of Salem Board of Appeals April 3,2019 Project:42 March Street Page 3 of 3 Mike Duffy, it Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Appeal fin-this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Lases Chapter 40A,and hall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Lases Chapter 40A, Section 11, the Variance or Special Pes-it granted herein shall not take effect until a copy of the decision bearing the cestifzcate of the City Clerk has been filed with the Essex South Registry of Deeds.