12 Winter Island Road Decision (CLERK SIGNED) CITY OF SALEM MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-619-5685
KIMBERLEY DRISCOLL N
MAYOR
C-17 r7
June 13, 2022
Decision
City of Salem Board of Appeals
The petition of JOSEPH MANZI at 12 WINTER ISLAND ROAD(Map 44, Lot 34) (Rl
Zoning District),for a Special Permit per Section 3.3.5 Non-conforming Single-and
Two-Family Residential Structures of the Salem Zoning Ordinance seeking relief from
the number of stories and to expand the non-conformity of the structure by adding a
shed dormer to the property.
A public hearing on the above petition was opened on May 25, 2022 and was closed on
May 25, 2022.
On May 25, 2022,the following members of the Salem Board of Appeals were present:
Mike Duffy(chair),Carly McClain, Paul Viccica, Peter Copelas and Steven Smalley.
Statements of Fact:
The petition is date stamped March 29, 2022. The petitioner seeks Special Permit per
Section 3.3.5 Non-conforming Single-and Two-Family Residential Structures of the
Salem Zoning Ordinance seeking relief from the number of stories and to expand the
non-conformity of the structure by adding a shed dormer to the property.
1. 12 Winter Island Road is owned by Joseph Manzi.
2. The petitioner was Joseph Manzi
3. 12 Winter Island Road was represented by Stephen Livermore.
4. 12 Winter Island Road is located in the Ri zoning district. (Map 44, Lot 34)
5. The requested relief, if granted,would allow the Petitioner to construct a shed
dormer for the dwelling which would increase the living space of the home.
6. On May 25, 2022, Stephen Livermore, presented to the board.
7. The petitioners want to do a single-family home renovation by increasing the
nonconformity of the property at 12 Winter Island Road. As well as
renovating a small, covered porch at the back of the property.
8. These renovations are to improve the living room and the entrances to the
home.And to increase the size of the kitchen and dining room. They will be
1
moving the entrance to the home from Winter Island Road to the right side of
the home.
9. The additions to the home will not encroach onto the current setbacks at the
home.
10. The proposal is to modify the roof frame to make it into a gable roof to add
some living space on the upper floors of the home.
11. There were no questions from the board members about the petition.
12. Chair Duffy opened the meeting to public comment. There was no public
comment for this petition.
13. Chair Duffy addressed the criteria for the special permit.
14. Peter Copelas made a motion to approve the petition.
15. 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 May 25, 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.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted five (5) in favor(Mike Duffy(chair), Carly McClain, Paul Viccica, Steven Smalley
and Peter Copelas) and none(o) opposed to grant Joseph Manzi for a Special Permit per
Section 3.3.5 Non-conforming Single-and Two-Family Residential Structures of the
2
Salem Zoning Ordinance to give relief from the number of stories and to expand the
non-conformity of the structure by adding a shed dormer to the property.
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.
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.
oat �6�a
I hereby certify that 2 days have
expired from the date this instrument
was received, and that NO APPEAL.
has been filed in this office.
Mike Duffy, Chair
A True Copy 2L2:se Board of Appeals
ATTEST: CITY CLERK, Salem, Mass.
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 VA, and shall be filed within 20 days of filing
3
of this decision in the office of the City Clerk. Pursuant to the Massachusetts General
Laws Chapter 4oA, Section 1i,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