73 Flint St DECISION (CLERK SIGNED) CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970
TEL:978-619-5685
KBOERLEY DRiscoLL N :�t
MAYOR
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March 1, 2022
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Decision
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City of Salem Board of Appeals
The petition of SKOMURZSKI DEVELOPMENT,LLC,at 73 FLINT STREET(Map 26,Lot 3)
(R2 Zoning District)for a special permit per Section 3.3.3 Nonconforming Structures and 3.3.5
Nonconforming Single-and Two-Family Residential Structures of the Salem Zoning Ordinance
to add a dormer to the front and rear of the building to improve habitability of the existing living
space.
A public hearing on the above petition was opened on February 16, 2022 and was closed
on February 16, 2022.
On February 16, 2022,the following members of the Salem Board of Appeals were
present: Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica and Steven
Smalley.
The petitioner seeks a special permit per Section 3.3.3 Nonconforming Structures and 3.3.5
Nonconforming Single-and Two Family Residential Structures of the Salem Zoning Ordinance
to add a dormer to the front and rear of the building to improve habitability of the existing living
space.
Statements of Fact:
The petition is date stamped December 29,2021. The petitioner has requested a special permit
per Section 3.3.3 Nonconforming Structures and 3.3.5 Nonconforming Single-and Two Family
Residential Structures of the Salem Zoning Ordinance to add a dormer to the front and rear of
the building to improve habitability of the existing living space.
1. 73 Flint Street is owned by Skomurski Development, LLC.
2. Skomurski Development, LLC was represented by Scott Grover,Attorney.
3. 73 Flint Street is located in the R2 zoning district. (Map 26, Lot 3)
4. The requested relief, if granted,would allow the Petitioner to construct a
dormer to increase the living space of the home.
5. On February 16, 2022, Scott Grover presented the petition for 73 Flint Street
to the Board.
6. 73 Flint Street is currently used as two-family unit. The house is in a
significant state of disrepair. Skomurski Development is in the process of
interior and exterior improvements. As part of those improvements,they
would like to improve the quality of the living space on the third floor of the
unit.
7. The petitioner would like to construct dormers on the front and the back of
the building. The building will remain as a two-family home.
8. Sanir Lutfija, architect, discussed the proposals. They want to limit the
massing of the home with the addition of the dormers. They will extend the
western extension of the second floor all the way down to the first floor and
have that addition be a bathroom for the first floor. Also,to increase the
privacy,they will offset the windows, so they are not directly across from the
neighbor to the west.
9. Paul Viccica inquired if they had a plan of the attic level. There was not a plan
submitted for the attic with the dormers. Mr.Viccica mentioned that the
aesthetics of the proposed plans were not in the character of the
neighborhood as Flint Street leads into Mack Park from a historic part of
Salem.
10. Chair Duffy turned the meeting over to public comment. There were none
(0).
11. There was a letter from Carol Carr, 7 River Street,that discussed the lack of
historic character for the proposed dormer. She also wrote that she believed
that the petitioner should seek out some feedback from the Historical
Commission for ideas on improving the proposed dormer.
12. Chair Duffy discussed the special permit criteria.
13. 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. NA, §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:
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.
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4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character: The project will not have a negative impact on the
residential neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment.
There will be a 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( Rosa Ordaz,Mike Duffy(chair), Carly McClain, Paul Viccica and Steven Smalley)
and none(o)opposed to grant SKOMURSKI DEVELOPMENT, LLC a special permit per
Section 3.3.3 Nonconforming Structures and 3.3.5 Nonconforming Single-and Two-Family
Residential Structures of the Salem Zoning Ordinance to add a dormer to the front and rear of
the building to improve habitability of the existing living space.
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.
9. 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.
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Date MAR 2 2 2022
1 hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this office. `
A True Copy Mike Duffy, ftair
ATTEST CITY CLERK,Salem, Mass. 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.
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