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boa_7_riverway_road_-_stamped_decision 8.13.2020 CITY OF SALEM MASSACHUSETTS BOARD OF APPEALS 2020 AUG 13 PM !: 23 MASSACHUSETTS 0197 ¢ f C�.C R K �--� 98 WASHINGTON STREET 1 SALEM, Q�p �'�,�' �� KIMBERLEY DRISCOLL TEL:978-619-5685 9 L SS MAYOR August 13, 2020 Decision City of Salem Board of Appeals Petition of JARED ROLLINS for a 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 expanding the second story at 7 RIVERWAY ROAD (Map 31,Lot 244) (RC Zoning District). A public hearing on the above Petition was opened on May 20, 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 (Alternate),Rosa Ordaz,Steven Smalley (Alternate),and Paul Viccica. The petitioner seeks a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures to expand a nonconforming single-family home by expanding the second story at 7 Riverway Road. Statements of Fact: 1. In the petition date-stamped April 29, 2020, the petitioner requested a special permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures to expand a nonconforming single-family home by expanding the second story at 7 Riverway Road. 2. 7 Riverway Road is owned by petitioner Jared Rollins. 3. 7 Riverway Road is a single-family home in the Residential Conservation (RC) zoning district. This is an allowed use in the district. 4. The property is undersized relative to the dimensional requirements of the RC district, falling short of minimum lot area,lot area per dwelling unit, frontage,width, depth of front yard,width of side yard, and depth of rear yard. 5. The proposal is to expand the existing second story without changing the footprint of the building. The width of the roof would not change,but the height would increase from twenty-three (23) feet to twenty-six and one-half(26.5) feet.As this is a proposal to expand a nonconforming single-family structure, the petitioner appropriately sought a special permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures 6. The requested relief,if granted,would allow the petitioner to expand the nonconforming single-family home at 7 Riverway Road by expanding the second story. 7. Due to the ongoing COVID-19 pandemic and related precautions and Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18,and the Governor's March 15,2020 Order imposing strict limitations on the number of people that may Page 1 of 3 City of Salem Board of Appeals August 13,2020 Project: 7 Riverway Road Page 2 of 3 gather in one place, the May 20, 2020 meeting of the Board of Appeals was held remotely,via the online platform Zoom. 8. At the May 20, 2020 public hearing,petitioner Jared Rollins discussed the petition. He explained his proposal to increase the height of the existing second floor to a colonial style. This would allow him to move a bedroom to the second floor and add a bathroom. Mr. Rollins noted that several homes in the neighborhood are of similar height. He noted that the building footprint will remain the same. 9. At the May 20,2020 public hearing,no (0) members of the public spoke in favor of or in opposition to the petition. 10. At the May 20, 2020 public hearing, Chair Duffy discussed the special permit criteria. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearings, and after thorough review of the petition, including the application narrative and plans, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Special Permit Findings: The Board finds that the proposed nonconforming structure is not substantially more detrimental than the existing nonconforming structure to the neighborhood. 1. Social, economic, or community needs are served by the proposal: This improvement to an existing property will not have other detrimental impacts. 2. Traffic flow and safety,including parking and loading will not be affected. 3. Adequacy of utilities and other public services: Existing utilities and other public services are adequate. 4. Impacts on the natural environment,including drainage: No negative impact is anticipated. 5. Neighborhood character: This design is in keeping with the neighborhood character. 6. Potential fiscal impact,including impact on City tax base and employment: There is the potential for a positive fiscal impact. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted five (5) in favor (Paul Viccica, Steven Smalley, Peter A. Copelas, Rosa Ordaz, 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 Structure of the Salem Zoning Ordinance to expand a nonconforming single-family home by expanding the second story at 7 Riverway Road, 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. City of Salem Board of Appeals August 13,2020 Project:7 Riverway Road Page 3 of 3 9. 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. * c /Ax 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 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.