boa_15_highland_street_-_stamped_decision 4.28.2020 CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEALS
98 WASHINGTON STREET SAr.W,MASSACHoSEM 01970 C4
KIMBERLEYDRISCOLL TEL:978�19-5G85 I" 0.
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April 28, 2020 t'
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City of Salem Board of Appeals
Petition of SCOTT&HEATHER MURRAY for a special permit per Section 3.3.5 Nonconforrxiing
Single-and Two-FamilyResrdeatial Structures of the Salem Zoning Ordinance to expand a
nonconforming single-family home by adding a rear first and second story addition within the
required side yard setback at 15 HIGHLAND STREET(Map 17,Lot 152) (RI Zoning District).
A public hearing on the above Petition was opened on April 1,2020 pursuant to M.G.L Ch.40A,§ 11 and
closed on that date with the following Salem Board of Appeals members present:Peter A.Copelas,Mike
Duffy(Chair),Carly McClain,Rosa Ordaz,Steven Smalley,and Paul Viccica.Board member Jimmy Tsitsinos
was absent.
The petitioner seeks a special permit per Section 3.3.5 Nonconfom ng Single-and Two Family Residential Structures
of the Salem Zoning Ordinance to expand a nonconforming single-family home by adding a rear first and
second story addition within the required side yard setback.
Statements of Fact:
1. In the petition date-stamped February 27,2020,the petitioner requested a special permit per Section
3.3.5 Nonconforming Single-and Tnv Family Raddenlial Structures of the Salem Zoning Ordinance to
expand a nonconfortn ng single-family home by adding a rear first and second story addition within
the required side yard setback at 15 Highland Street.
2. 15 Highland Street is owned by Scott and Heather Murray.
3. 15 Highland Street is a single-family home in the Residential One-Family(Ri) zoning district.The
one-family residential use is allowed in the R1 district.
4. The property is currently nonconforming to minimum lot area,minimum lot area per dwelling unit,
minimum depth of front yard,and minimum depth of side yard(one side—the south side of the
property,or the right side if looking from Highland Street).
5. The proposal is to construct a rear first and second story addition.
G. Per the Petition Form submitted to the Board,on the first floor,this will be a"7'8"x4'addition...to
enlarge the existing 1/z bath";the second-floor addition would include a "master bath on top of the
existing 2/z bath and proposed 7'8"x4'addition."
7. This action would be on the side of the building that currently infringes on the side yard setback and
would be within the required 10'side yard setback.
Page 1 of 3
City of Salem Board of Appeals
April 28,2020
Project:15 Highland 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
(Paul Viccica, Peter A. Copelas, Rosa Ordaz, Steven Smalley, and Mike Duffy (Chair)) 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 expand a nonconforming single-family home by adding a rear first and
second story addition within the required side yard setback at 15 Highland Street, subject to the following
terms,conditions, and safeguards;
Standard Conditions:
I. 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.
I 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's to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to,the Planning Board.
8. All construction shall be done per the plans and dimensions submitted to and approved by this Board.
No change,extension,material corrections,additions, substitutions,alterations,and/or modification
to an approval by this Board shall be permitted without the approval of this Board,unless such
change has been deemed a minor field change by the Building Commissioner in consultation with the
Chair of the Board of Appeals.
Mike Du , Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CrrY 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 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 Registry of Deeds.