3 Milk St DECISION (clerk signed) C
r CITY OF SALEM, MASSACHUSETTS
k. q BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-619-5685 r-1
KIMBERLEY DRISCOLL
MAYOR L�
May ii, 2022
Decision ZZ
Ui'X tD
City of Salem Board of Appeals Cn
The petition of ERIK SAYCE at 3 MILK STREET(Map 35, Lot 554) (R2 Zoning District),
for a Special Permit per Section 3.3.5 Nonconforming Single-and Two-family
structures of the Salem Zoning Ordinance to construct a shed dormer on the south side
of the existing gable roof that is approximately 3o'by io'.
A public hearing on the above petition was opened on April 27, 2022 and was closed on
April 27, 2022.
On April 27, 2022, the following members of the Salem Board of Appeals were present:
Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica, Peter Copelas and Steven
Smalley.
Statements of Fact:
The petition is date stamped February 24, 2022. The petitioner seeks Special Permit for
per Section 3.3.5 Nonconforming Single-and Two-family structures of the Salem
Zoning Ordinance to construct a shed dormer on the south side of the existing gable roof
that is approximately 3o'by io'.
1. 3 Milk Street is owned by Erik Sayce.
2. The petitioner was Seger Architects, Inc.
1 3 Milk Street is located in the R2 zoning district. (Map 35, Lot 554)
4. The requested relief, if granted, would allow the Petitioner to construct a shed
dormer to the existing roof.
5. On April 27, 2022, Julia Mooradian, Seger Architects, presented to the board.
6. The Sayce family has just had a baby and would like to increase the current
living space at 3 Milk Street.
7. The house at 3 Milk Street is already a nonconforming structure for the R2
Zoning District.
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9. The proposed dormer would not increase the non-conformity of the home. It
would be on the side of the house that faces the current garage on the
property and would not be facing the abutting property.
10. Chair Duffy opened the meeting up to comments from the members of the
board.
11. There were no comments from the board members.
12. Chair Duffy opened the meeting up to comments from the public.
13. Gary and Jane Sturgewell, 17 Andrew Street, spoke in favor of the petition.
14. Lloyd Pernice, 16 Pickman Street, spoke in favor of the petition.
15. Erik Sayce, property owner,thanked the board for seeing the petition. He
spoke to how the house was vacant when they first purchased the home. They
are looking forward to staying in the neighborhood which is very close to their
business.
16. Chair Duffy addressed the Special Permit criteria.
17. Peter Copelas made the motion to approve the petition at 3 Milk Street.
18. 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 April 27, 2022 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 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.
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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 Peter Copeals)
and none (o) opposed to grant Erik Sayce a Special Permit for per Section 3.3.5
Nonconforming Single-and Two-family structures of the Salem Zoning Ordinance to
construct a shed dormer on the south side of the existing gable roof that is
approximately 3o'by lo'.
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.
JUN 2 8 2022
Date
'1 hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this offic l
A True Copy OL
ATTEST CITY CLERK, Salem, Mass Mike Duffy, hair
Board of Appeals
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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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