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48 BAY VIEW AVENUE - BUILDING JACKET 0 rsup�rTabe OversizeM1Tab Folders 90%Larger Label Area {rea ^r AD KEEPING YOU ORGANIZED No. 10301 PATENT PENDING SUSTAINABLE FORESTRY MIN.RECYCLED INITIATIVE CONTENT10% COMW ebOF Sour[InQ POS%ONSUMER .rv«,.:fico........ srwisw MADEINUSA GET ORGANIZED AT SMEAD.COM CITY OF SALEM, MASSACHUSETTS 1 . , BOARD OF APPEA RAUG 90 AM t 10 yt�py yy yyAA . 720 WASk�JGTON STREET♦SA`2K MAs&AQiUSErrf41TE%1 -MASS KujBERL$Y DRtscoi L TELE:978-745-9595♦ FAX:978-740-9846 MAYOR August 30, 2017 Decision City of Salem Board of Appeals Petition of KRIS KLEIN, seeking a Special Permit requesting relief from Sec. 3-AgNonconfornring Single-and Two-Family Residential Struen ms of the Salem Zoning Ordinance, to mise the existing non-conforming structure approximately two (2) feet to install a foundation and construct a second floor dormer at the property of 48 BAY VIEW AVE (Map 44 Lot 141)(R-1 Zoning District). A public hearing on the above Petition was opened on August 16,2017 pursuant to M.G.L Ch.40A,§ 11 and closed on that date with the following Salem Board of Appeals members present Rebecca Curran (Chair), Tom Watkins,Jimmy Tsitsinos,Mike Duffy,and Peter A. Copelas. The Petitioner is requesting a Special Permit requesting relief from Sec.3.3.5 Nonconforming Single-and Tum- Family Reddential Shudturer of the Salem Zoning Ordinance, to raise the existing non-conforming structure approximately two (2) feet to install a foundation and construct a second floor dormer. Statements of fact: 1. In the petition date-stamped July 20,2017 the Petitioner requested a requesting relief from Sec. 3.3.5 Nonconforming Single-and Tum-FawyRw&nfta1Shwa=x of the Salem Zoning Ordinance,to raise the existing non-conforming structure approximately two (2) feet to install a foundation and construct a second floor dormer. 2. The property is a single family horse in an R-1 Zoning District 3. The property is called the William Bates House and was constructed in 1885 in the style of a Queen Anne/Stick Style. The property is listed as a contributing building in the Salem Willows National Register District 4. The property owner is proposing to restore as much of the original architecture as possible,mise the existing non-conforming structure approximately two (2) feet to install a foundation and to construct a second floor addition, to make the second floor big enough for a bedroom, bathroom and closet The petitioner is also proposing to improve the basement space and will serve as living space. 5. There will be no expansion of the building footprint 6. In a letter dated August 10, 2017, from the staff planner of the Historic Commission, there were several recommendations to the Zoning Board of Appeals including encouraging the applicant to preserve the original window openings and restoration of the original window configurations. Staff also recommended that the applicant retain as much of the original architectural decorative ttim in the gable and on the porch as possible. 7. The Board requested that the replacement materials including, but not limited to the deck railings, stairs,and decking be made of Azek and not shiny PVC. t City of Salem Board of Appeals August 30,2017 Project 48 Bayview Ave. Page 2 of 3 8. The requested relief, if granted,would allow requesting relief from See. 3.3.5 Nonconforming Sin gk-and Tito-Family Residential Shueturer of the Salem Zoning Ordinance, to raise the existing non-conforming structure approximately two(2) feet to install a foundation and construct a second floor dormer. 9. At the public hearing, ten (10)members of the public spoke in support and none spoke in opposition to the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application no ative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Special Permits: The Board finds that the structure meets the definition of a historic carriage house and the proposed use will not outweigh its beneficial impacts to the City or the.neighborhood. 1. The social, economic, or community needs are served by the proposal as this project is a significant improvement to the neighborhood including the historic conservation of this historic structure. 2. There are no impacts on traffic flow and safety,including parking and loading as the on-site parking requirements are met. 3. The capacity of the utilities is not affected by the project 4. There are no impacts on the natural environment, including drainage as the footprint of the building is not proposed to expand beyond the existing footprint. 5. The building is a historic property and the proposed architecture and conservation of the existing historic features of the building has a positive impact on the neighborhood character. 6. The potential fiscal impact,including impact on the City tax base is positive. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor (Rebecca Curran (Chair),Tom Watkins,Jimmy Tsitsinos,Mike Duffy,and Peter A. Copelas)and none (0) opposed to allow a historic carriage house to be converted into a dwelling unit, subject to the following terms, conditions and safeguards: Standard Conditions: 1. The 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. City of Salem Board of Appeals August 30,2017 Project 48 Bayview Ave. Page 3 of 3 Special Condition: 1. The petitioner shall maintain the original fenestration pattern and replacement materials shall be congruous to the style of the house including the use of Azek,but not shiny PVC. Rebecca Curran,Chair Board of Appeals A COPY OF TIES DECISION HAS BEEN FILED WITH TBE PLANNING BOARD AND THE CITY CLERK Appeal from Ibis deaaan,if an,shall be made pwrsmant to S&6en 17 of the Mwacbmew General Laws Chapter 40A,and shall he filed ndthin 20 days of filing of tbu denswn in the affix of the City Ckrk Pw vmt to the Matmcbarztts General Liss Cbaptar 40A, Sed ion 11,the Varimer er Special Permit gmnted heerin shall not take Jred until a mpy of the deasion beating the certifewk of the City Clerk has been frkd mdth the Essex Sw1h Registry ofDads.