BOA_410_LORING_AVE_DECISION_(STAMPED) (1) CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970
TEL:978-619-5685
KIM13ERLEY DRISCOLL
MAYOR
February 49 2022
Decision Cn 7`'
5�_ T-rl
City of Salem Board of Appeals !
C-:
The petition of AGUIMAR DESOUZA at 410 LORING AVENUE(Map 3o, Lo (P.P
Zoning District)for a special permit per Section 3.3.5 Nonconforming Single-and Two-
Family Residential Structures of the Salem Zoning Ordinance to add two (2) dormers to
increase the ceiling height and construct two (2)bedrooms and a bathroom. The
Petitioner also seeks to add a new gutter system.
A public hearing on the above Petition was opened on January 19, 2022.The public
hearing was closed on January 19, 2022.
On January 19, 2022,the following members of the Salem Board of Appeals were
present: Peter Copelas, Mike Duffy(chair), Rosa Ordaz, Carly McClain and Paul Viccica.
The petitioner seeks a special permit per Section 3.3.5 Nonconforming Single-and
Two-Family Residential Structures of the Salem Zoning Ordinance to add two (2)
dormers to increase the ceiling height and construct two(2) bedrooms and a
bathroom. The Petitioner also seeks to add a new gutter system.
Statements of Fact:
The petition is date stamped May 20, 2021. The petitioner has requested a special permit per
Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the
Salem Zoning Ordinance to add two (2) dormers to increase the ceiling height and
construct two (2)bedrooms and a bathroom. The Petitioner also seeks to add a new
gutter system.
1. 410 Loring Avenue is owned by Maribel Nunez.
2. The Petitioner's name is Aguimar Desouza
I 410 Loring Avenue is located in a R1 zoning district. (Map 30, Lot 6o)
4. The requested relief, if granted, would allow the Petitioner to construct two
(2) dormers to increase the height of the 3rd floor. In addition,the relief
1
would allow for two (2)bedrooms and a bathroom to be constructed. A new
gutter system would be installed as well.
5. On January 19, 2022, Marcos Serino and Agui Desouza presented the petition
for 410 Loring Avenue to the Board.
6. 410 Loring Avenue is currently used as two-family unit. The homeowners live
on the second floor and currently rent out the first floor. The petitioner states
that the owner would like to utilize the attic for room to assist with the size of
the family and help with accommodations for their child who has special
needs.
7. Maribel Nunez,the homeowner, spoke to why the relief is being requested.
Again,it is to increase the space the family has access to, as well as, getting
more space for their child who has special needs.
8. Agui Desouza spoke to the board and explained that they have repeatedly
been in communication with the Building Department about their plans and
have been following input from the Building Department. He spoke to all the
changes that were recommended by the Building Department and have made
them in the plans. He was clear that this in no way was going to be an
additional unit for possible renters or otherwise.
9. Chair Duffy opened up the meeting for questions from the board.
10. At that time, no members of the board had any questions.
11. There were no (o)letters submitted for approval of the petition from abutters.
12. There were no (o) members of the public that called in for this petition.
13. Paul Viccicia and Peter Copelas expressed concern that there was not a plot
plan submitted with the plans and elevations and that a plot plan is required
for an application.
14. Mr. Viccica wanted to verify that the porch on the back of the house was not
going to increase in size and encroach on any setbacks for the property.Agui
Desouza commented that the construction is completely within the same
footprint as the existing structure.Also,that they would not be working on the
first or second floor decks.
15. Chair Duffy addressed the statement of grounds from the petitioner and how
the construction is a modest and simple structure with minimal impacts on
the neighborhood.
16. 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. 3oA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the December 15, 2021 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more
detrimental than the existing nonconforming use to the neighborhood and that the
adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood:
2
1. Social, economic, or community needs were served by this petition.
2. Traffic flow and safety, including parking and loading: there will no impact
on traffic or parking.
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character:The project will be in keeping with and improving
the residential neighborhood character.
6. Potential fiscal impact,including impact on City tax base and employment.
There will be positive fiscal impact on the city or its tax base.
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted five
(5)in favor(Peter Copelas, Rosa Ordaz,Mike Duffy(chair), Carly McClain and Paul Viccica)and
none (o)opposed to grant AGUIMAR DESOUZA a special permit per Section
3.3.5 Nonconforming Single-and Two-Family Residential Structures of the Salem Zoning
Ordinance to construct two (2) dormers to increase the ceiling height and construct two
(2)bedrooms and a bathroom. The Petitioner also seeks to add a new gutter system.
Receiving five (5) in favor votes, the petition for a special permit is
approved.
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.
3
g. All construction shall be done per the plans and dimensions submitted to and approved by
this Board.Any modification to the plans and dimensions must be approved by the Board of
Appeals unless such changes are deemed a minor field change by the Building Commissioner
in consultation with the Chair of the Board of Appeals.
Mike Duffy, 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 4oA, 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 4oA, 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.
4