7 Surrey Road Decision (Clerk Stamped) _ r CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 �
TEL:978-619-5685
KIMBERLEY DRISCOLL C!�
MAYOR
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March i, 2022 r
Decision U7;
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City of Salem Board of Appeals
The petition of DANIEL AND LISA CHAREST at 7 SURREY ROAD (Map 22, Lot 20) (Ri
Zoning District)for a special permit per Section 3.3.5 Nonconforming Single-and Two-Family
Residential Structures of the Salem Zoning Ordinance to construct a (25'-2" x 22'-1")
addition above the garage and a(12'-9"x 11'-6") addition on the first floor.
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 special permit per Section 3.3.5 Nonconforming Single-and Two-Family
Residential Structures of the Salem Zoning Ordinance to construct a (25'-2" x 22'-1")
addition above the garage and a(12'-9"x 11'-6") addition on the first floor.
Statements of Fact:
The petition is date stamped January 27, 2022. The petitioner has requested 3.3.5
Nonconforming Single-and Two-Family Residential Structures of the Salem Zoning Ordinance
to construct a (25'-2"x 22'-1") addition above the garage and a(12'-9"x 11'-6") addition
on the first floor.
1. 7 Surrey Road is owned by Daniel S, Charest.
2. Daniel Charest was represented by Jake Springer,Architect.
3. 7 Surrey Road is located in the Rt zoning district. (Map 22, Lot 20)
4. The requested relief, if granted,would allow the Petitioner to construct an
addition above the garage and an addition to the first floor.
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5. On February 16, 2022, Jake Springer presented the petition for 7 Surrey Road
to the Board.
6. 7 Surrey Road is currently used as a single-family unit.
7. Jake Springer, architect, discussed the proposals.The home at 7 Surrey Road
currently is non-conforming and has 9.7 feet side yard setback where 10 feet is
required. The proposed additions would be built on the same footprint as the
existing structure. The addition above the garage would become part of a
master suite with bathroom and closet as well as a back deck.
8. The first-floor addition would extend the living space and become space for a
dining room.
9. Chair Duffy asked if there were any questions from members of the board.
There were no (o) questions from the board.
10. Chair Duffy opened the meeting up to comments from the public. There were
none (o).
11. Chair Duffy inquired if the proposed additions would all be within the current
footprint of the structure. The proposed additions would all be within the
current footprint of the structure.
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. VA, §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.
4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character: The project is within the character of the
residential neighborhood.
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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 DANIEL S. CHAREST a special permit
per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem
Zoning Ordinance to construct a (25'-2"x 22'-1") addition above the garage and a (12'-9"
x 11'-6") addition on the first floor.
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. Unless this Decision expressly provides otherwise,any zoning relief granted does not
empower or authorize the Petitioner to demolish or reconstruct the structure(s)located on
the subject property to an extent of more than fifty percent(50%)of its floor area or more
than fifty percent(50%)of its replacement cost at the time of destruction. If the structure is
demolished by any means to an extent of more than fifty percent(50%) of its replacement
cost or more than fifty percent(5o%)of its floor area at the time of destruction,it shall not
be reconstructed except in conformity with the provisions of the Ordinance.
1o.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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Mike Duffy, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WrrH 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.
Date MAR 2 3 2022
1 hereby certify that 20 days have
Wired from the date this instrument
was received, and that NO APPEAL
has been file in this office.
A True Cop
ATTEST CITY CLERK, Salem, Mass.
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