49 Essex St Decision (CLERK CERTIFIED) (2) pONDITq Rd
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Due to a Board of Appeal's (BOA) scrivener's error, regarding a decision relative to 49
Essex Street, the applicant's name is misspelled in paragraph 1 page 1 and approval or
petition paragraph page 2. The spelling of the last name should be Duhaime.
This was discovered by BOA on October 12, 2022 after the Decision was time stamped in by
the City Clerk's office on September 30, 2022.
Since the timestamp is on the first page where the applicant's name is spelled incorrectly,
anyone requesting a copy of this decision will receive the time stamped page and also the
corrected page. In addition, a true copy attest of this letter will be given.
Bate OCT 21 2022
hereby certify that 20 days have ILENE SIMONS
expired from the date this instrument CITY CLERK
was received, and thaLt NO APPEAL
has bees i tiie in th,s office.
A True Cop r
ATTEST: CITY CLERK, Salem, Mass.
Y CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970
TEL:978-619-5685
KIMBERLEY DRISCOLL
MAYOR
*Scrivener's error —Applicants name is misspelled in paragraph 1 page 1 and approval
or petition paragraph page 2.
September 30, 2022
Decision
City of Salem Board of Appeals
The petition of ERIC DUHAIME at 49 ESSEX STREET(Map 35, Lot 378)(R2 Zoning
District),for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem
Zoning Ordinance to replace the existing egresses with new exterior egresses.The
second-floor units would include stairs and a raised platform totaling 178 square feet.
The first-floor unit%L"will have a 6.5x3'raised platform built leading down to a single
step then to ground level.The first-floor unit"1R"will have a 3'x4'raised platform also
leading down to one step then to ground level.
A public hearing on the above petition was opened on September 21,2022 and was
closed on September 21,2022.
On September 21, 2022,the following members of the Salem Board of Appeals were
present: Mike Duffy(Chair),Paul Viccica, Peter Copelas and Steven Smalley.
Statements of Fact:
The petition is date stamped August 17,2022. The petitioner seeks a Special Permit per
Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to replace the
existing egresses with new exterior egresses.
1. 49 Essex Street is owned Eric Duhaime
2. The petitioner was Eric Duhaime.
1 49 Essex Street is located in the R2 zoning district. (Map 35, Lot 378).
4. The requested relief,if granted,would allowthe Petitioner to replace the
interior egresses with exterior egresses.
5. On September 21, 2022,Eric Duhaime presented to the board.
1
CITY OF SALEM, MASSACHUSETTS
~� a BOARD OF APPEALS
98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970
TEL:978-619-5685
KimmRLEY DRISCOLL
MAYOR
ry
ca
September 30, 2022
Decision -
City of Salem Board of Appeals �=
� 40
The petition of ERIC DUAIME at 49 ESSEX STREET(Map 35, Lot 378) (R2 Zoning o
District),for a Special Permit per Section 3.3.3 Nonconforming Structures of the Salem
Zoning Ordinance to replace the existing egresses with new exterior egresses.The
second-floor units would include stairs and a raised platform totaling 178 square feet.
The first-floor unit%U will have a 6.5'x3' raised platform built leading down to a single
step then to ground level.The first-floor unit%R"will have a 3'x4'raised platform also
leading down to one step then to ground level.
A public hearing on the above petition was opened on September 21, 2022 and was
closed on September 21, 2022.
On September 21, 2022,the following members of the Salem Board of Appeals were
present: Mike Duffy(Chair), Paul Viccica, Peter Copelas and Steven Smalley.
Statements of Fact:
The petition is date stamped August 17, 2022. The petitioner seeks a Special Permit per
Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to replace the
existing egresses with new exterior egresses.
1. 49 Essex Street is owned Eric Duhaime
2. The petitioner was Eric Duhaime.
1 49 Essex Street is located in the R2 zoning district. (Map 35, Lot 378)•
4. The requested relief,if granted,would allow the Petitioner to replace the
interior egresses with exterior egresses.
5. On September 21, 2022, Eric Duhaime presented to the board.
6. Mr. Duhaime explained to the board that he and his wife had purchased the
four(4)family property in May of 2022 and had updated the roof and the
heating system. Now they want to update and improve the home's egresses.
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6. Mr. Duhaime explained to the board that he and his wife had purchased the
four(4)family property in May of 2022 and had updated the roof and the
heating system. Now they want to update and improve the home's egresses.
7. The current egresses are inside the home. They are small by measurement
and winding throughout the home. The current egresses do not make moving
in and out of the home easy nor safe. The proposed relief would make
entering and exiting the property significantly easier and safer.
8. Mr. Duhaime shared photos of the current egresses. They measure only
thirty-two(32)inches and 30 inches(30)respectively. He stated that he was
not going to change the interior stairs. He wanted to add the exterior egresses
as a better way to move items in and out of the property. Also,the new stairs
would add space for people to move which increases the safety of the
property.
9. Chair Duffy opened the meeting up to comments from the board. There were
none.
10. Chair Duffy opened the meeting up to public comment. There were none.
11. Chair Duffy went over the special permit criteria.
12. Paul Viccica made a motion to approve the petition.
13. The September 21,2022 meeting of the Board of Appeals was held remotely,
via the online platform Zoom in accordance with Chapter 107 of the Acts of
2022.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted four(4)in favor (Steven Smalley,Mike Duffy(Chair),Paul Viccica,and Peter
Copelas) and none(o)opposed to grant ERIC DUHAIME at 49 ESSEX STREET(Map
35, Lot 378)(R2 Zoning District),a Special Permit per Section 3.3.3 Nonconforming
Structures of the Salem Zoning Ordinance to replace the existing egresses with new
exterior egresses.
Receiving four(4)in favor votes,the petition for a Special Permit is GRANTED.
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 bythe 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.
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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.
io.Petitioner shall schedule Assessing Department inspections of the
property,at least annually, prior to project completion and a final
inspection upon project completion.
Mike Duffy/Chair
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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