Zoning Board of Appeals

City of Salem Zoning Board of Appeals Meeting Minutes February 12, 2025 A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, February 12, 2025 at 6:30 pm via remote participation in accordance with Chapter 2 of the Act of 2023 and a Special Act extending remote participation meetings. Chair Vyedin calls the meeting to order at 6:34 pm. Chair Vyedin explains how individuals can participate in the meeting remotely via Zoom, and that instructions can also be found on the Salem website. Ms. Vyedin also explains the rules regarding public comment. ROLL CALL Those present were: Chair Nina Vyedin, Paul Viccica, Ellen Simpson, and Stephen Larrick. Also in attendance were Brennan Postich — Staff Planner, Voula Orfanos — Building Commissioner, Rachel Vresilovic — City Staff member, and Jonathan Pinto — Recording Clerk. Those absent were: Hannah Osthoff CONTINUANCES Location: 42 Harbor Street (Map 34, Lot 0328) (R3 Zoning District) Applicant: Hannah Brosnan Project: A continuation of a public hearing for all persons interested in the petition of HANNAH BROSNAN at 42 HARBOR STREET (Map 34, Lot 0328) (R3 Zoning District) for a Variance from Section 5.1.5.6.C Parking Design of the Salem Zoning Ordinance to extend a curb cut from 20 feet to 35 feet. In the R3, the maximum curb cut allowed is 20 feet. Documents and Exhibitions  Application date-stamped September 19, 2024, and supporting documentation Chair Vyedin introduces the petition. Hanna Brosnan introduces herself and provides updates and plan changes. Ms. Brosnan indicates she spoke with the Engineering Department and they confirmed that the proposed curb cut location is not a legal parking spot. They also confirmed that City Ordinances prohibit parking within 4 feet of a driveway, so there was an adjustment to the request to propose 9 additional feet of curb cut. Ms. Brosnan provides revised curb cut plans, which also include additional measurements and where the closest parking is to the existing and proposed curb cut. The building has 4 units and there is an existing two-car garage. The applicant is doubling the number of legal parking spots with the proposal. Chair Vyedin opens the floor to public comment but there is none. City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes Chair Vyedin notes that engineering provided an email and she suggests some potential special conditions for the applicant, including providing engineering with dimensions of the building and parking areas for existing and proposed conditions, to identify snow storage locations on the plans during construction and future use, and to ensure that the impervious surface area of the parking lot and all entrance and exit drives shall be set back a minimum of two feet from all lot lines, with the buffer consisting of a pervious surface. Motion and Vote: Mr. Viccica motions to approve the petition of HANNAH BROSNAN at 42 HARBOR STREET (Map 34, Lot 0328) (R3 Zoning District) for a Variance from Section 5.1.5.6.C Parking Design of the Salem Zoning Ordinance to extend a curb cut from 20 feet to 29 feet where the maximum curb cut allowed is 20 feet, subject to the following 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. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 7. 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. 8. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. And the following special conditions: 1. Before any lot or area may be used as a parking lot for the accommodation of more than two vehicles, plans shall be submitted to determine compliance with prevailing standards for entry and exit provisions, curbing and drainage per Chapter 38, Article II, Section 38-62. 2. The impervious surface area of the parking lot and all entrance and exit drives shall be set back a minimum of two feet from all lot lines, with the buffer consisting of a pervious surface. 3. Provide engineering with dimensions of the building and parking areas for existing and proposed conditions. 4. Identify snow storage locations on the plans both during construction and for future use. Mr. Larrick seconds the motion. The vote is four (4) in favor (Nina Vyedin, Paul Viccica, Ellen Simpson, and Stephen Larrick) and none (0) opposed. The motion passes. 2 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes Location: 56 School Street (Map 27, Lot 3) (R2 Zoning District) Applicant: Adimir Toska Project: A continuation of a public hearing for all persons interested in the petition of PAPA NIOKLLAQ at 56 SCHOOL STREET (Map 27, Lot 3) (R2 Zoning District) for a Special Permit of the Salem Zoning Ordinance to build an additional unit onto the existing single-family structure and build a dormer on the third floor. Documents and Exhibitions  Application date-stamped December 17, 2024, and supporting documentation Chair Vyedin introduces the petition and notes that it has been changed to a variance request. Adimir Toska introduces himself and presents a statement of grounds for the variance request. The relief is for three stories where 2.5 is allowed and 5,595 square feet per unit where 7,500 square feet is required. Six legal parking spaces are proposed. Mr. Toska presents updated plans of the proposal and existing conditions, including floor plans and elevations. Mr. Viccica notes the Board has previously been strict about making sure that requests are properly advertised. In this instance Mr. Viccica states he understands the Board is moving forward and he is okay with that, but that he feels the correct advertising and description is important. Chair Vyedin opens the floor to public comment. Michael Becker of 19 Parlee Street introduces himself and states he used to be a neighbor to the property. Mr. Becker contends the home is in need of work and updated parking and that the proposal will make things better overall. Motion and Vote: Mr. Larrick motions to approve the petition of PAPA NIOKLLAQ at 56 SCHOOL STREET (Map 27, Lot 3) (R2 Zoning District) for a Special Permit of the Salem Zoning Ordinance to build an additional unit onto the existing single-family structure, a Variance per section 4.1.1 Dimensional Requirements to build a dormer and create a third floor, and a Variance for minimum lot area per dwelling, subject to the following 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. 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 3 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes 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 (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 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. 10. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. Ms. Simpson seconds the motion. The vote is four (4) in favor (Nina Vyedin, Paul Viccica, Ellen Simpson, and Stephen Larrick) and none (0) opposed. The motion passes. Location: 109 North Street (Map 26, Lot 347) (B1 Zoning District) Applicant: Scott Grover Project: A public hearing for all persons interested in the petition of 109 NORTH LLC at 109 NORTH STREET (Map 26, Lot 347) (B1 Zoning District) for a Variance per Section 4.1.1. Dimensional Requirements of the Salem Zoning Ordinance to build an addition at the rear of the building that will have a setback on the right side of five feet, where 10 feet is required, and will result in a lot area of 1,610 sf per dwelling unit, where 3,500 sf per dwelling unit is required. Documents and Exhibitions  Application date-stamped November 21, 2024, and supporting documentation Chair Vyedin introduces the petition. Attorney Scott Grover introduces himself on behalf of the petitioner and notes that Michael Becker and other team members are also present. Mr. Grover plans were presented to convert this existing two-family building to a five-unit building but add a significant addition in the back of the property, consisting of townhouse-style units with parking underneath. Mr. Grover presents photos of the property and notes the only relief required is the right-hand setback requirement and lot area per dwelling requirement. He states the additions have fewer nonconformities than the existing building. Mr. Grover notes a question was raised about the height of the building at the last meeting but that the matter has been resolved with the Building Inspector. At the last meeting, the Board also asked for additional landscaping plan details, which are provided. Sanir Lutfija introduces himself and project architect, providing a recap of the proposal and property description. He also presents photos of the property and detailed plans and elevations. Mr. Lutfija 4 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes presents a site plan with a layout of the five units and parking and discusses the existing and proposed landscaping and retaining wall details. Chair Vyedin asks if the petitioner is subject to any demolition delay, and Mr. Becker confirms that they are not. Mr. Larrick asks if the applicant has seen the letter submitted by the City’s Historic Preservation Planner, and he states he has not. The Board presents the letter, which discusses the need for review by the Historical Commission under the demolition delay ordinance. The letter also notes that new additions should be undertaken in a manner that if removed in the future, the essential form and integrity of the historic property be unimpaired. Mr. Becker distinguishes between the historic and newer parts of the property that will be modified and provides additional details to clarify the matter, as well as additional landscaping details. Chair Vyedin suggests confirming with the Historic Commission the matter of the demolition delay waiver to ensure everyone is on the same page, as it seems not enough historic portions are being demolished to require one. Mr. Viccica states he is not a fan of garages under buildings and the large massing, but that he has no issue with approving the petition. He asks that the petitioner discuss the hardship once again. The Board discusses the need for housing and the proposal in general. Chair Vyedin opens the floor to public comment but there is none. Attorney Grover discusses the statement of hardship, noting the unique shape and topography of the property, the historic structure, financial requirements for historic restoration, and a need for housing. Mr. Larrick proposes a special condition that the landscaping plan does not substantially differ from what has been proposed. Motion and Vote: Mr. Larrick motions to approve the petition of 109 NORTH LLC at 109 NORTH STREET (Map 26, Lot 347) (B1 Zoning District) for a Variance per Section 4.1.1. Dimensional Requirements of the Salem Zoning Ordinance to build an addition at the rear of the building that will have a setback on the right side of five feet, where 10 feet is required, and will result in a lot area of 1,610 sf per dwelling unit, where 3,500 sf per dwelling unit is required, subject to the following 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. 5 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes 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 (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 10. 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. 11. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. And the following special condition: 1. The landscaping plan will not substantially differ from what has been proposed. Ms. Simpson seconds the motion. The vote is four (4) in favor (Nina Vyedin, Ellen Simpson, Paul Viccica, and Stephen Larrick) and none (0) opposed. The motion passes. REGULAR AGENDA Location: 90 Mason Street (Map 16, Lot 379) (R1 Zoning District) Applicant: William Quinn Project: A public hearing for all persons interested in the petition of GERALD GLUMENSTOCK at 90 MASON STREET (Map 16, Lot 379) (R1 Zoning District) for Variances per Section 4.1.1. Dimensional Requirements and Section 3.2.4 Accessory Buildings and Structures of the Salem Zoning Ordinance to build an unattached 2.5- story garage with a living and storage space above. The proposed accessory garage building height is +/- 24’, where 18’ is the maximum required height, the proposed front set back is .08’, where 15’ is required, and the proposed distance between the existing residential dwelling and proposed garage is 21’, where 40’ is required. The proposed location of the garage is in the front yard, where accessory structures are prohibited from being in the front yard. Documents and Exhibitions  Application date-stamped December 13, 2024, and supporting documentation Chair Vyedin introduces the petition. Attorney Bill Quinn introduces himself on behalf of the petitioner and explains that they moved to Salem and wish to live here for a long time. The petitioners purchased a small house tucked into the top of Mason Street with no neighbors on either side of the street near the ledge of Mack Park. Mr. Quinn describes the neighborhood and notes the home was built in 1850 and is very small, with two bedrooms, a small outdoor patio, and no garage. Mr. Quinn explains that the petitioners need more space for living, storage, and space to park. Mr. Quinn also notes that historically there once was a 6 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes garage on the property but that it is now gone, but the proposal seeks to put a garage essentially where one once was. The proposal is for a two-car garage, and Mr. Quinn indicates the architect, Walter Jacob, has spent almost a year to coming up with a final plan that was appropriate for the site and met the petitioners’ needs while minimizing the impact on the neighborhood. Mr. Quinn notes that there was an original set of plans that were updated according to site visits and feedback. The updated plans are presented. Mr. Jacob discusses the plans and the existing conditions. He notes that there is a desire for most living space, and the proposal is to have that unattached from the main house, which is why a variance is being sought rather than a special permit. Mr. Jacob describes the limitations of the site and contends that the proposal is consistent with the neighborhood character with structures up against the sidewalk. He presents photos of the property as well as a survey and plans with proposed conditions. Mr. Jacob notes many studies were conducted to ensure that visibility was not impacted for traffic or safety and to make sure vehicular access would be as safe as it was before if not safer. Mr. Jacob presents floor plans showing the garage, music room, and storage, as well as elevations of proposed conditions. He notes the significant amount of ledge on the property. Mr. Jacob presents studies showing the scale of the proposed building compared to others in the neighborhood. He also indicates that his clients are proposing to extend the sidewalk where there is now just gravel to allow for a safer pedestrian walkway. Renderings of the neighborhood with the proposed conditions are presented to show that views are not obstructed. Chair Vyedin asks if there is ledge under the patio, and Mr. Jacob states they are not certain but there is a very high likelihood, and that working into ledge close to the home would risk damaging the foundation. Chair Vyedin also asks if the roof height of the new structure will be the same as the existing structure, and Mr. Jacob indicates it will. Chair Vyedin asks if there is evidence of the previously existing garage, and Mr. Jacob states there is site evidence but not record evidence. Mr. Viccica acknowledges the special circumstances affecting the site and notes that he is pleased with the application despite at first glance being hesitant of having two buildings on one property. He suggests the outdoor patio area is an integral part and connection for the two structures, and that the proposal is an elegant solution. Ms. Simpson states she has noticed the house over the years and that she thinks the proposal makes sense and is a unique and elegant solution for more space and storage. Ms. Simpson asks about pedestrian and car access, and Mr. Jacob explains how the property will be accessed after the proposal, noting safety improvements. Mr. Larrick speaks to the uniqueness and appropriateness of the proposal and that he appreciates the plans submitted. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Ms. Simpson motions to approve the petition of GERALD GLUMENSTOCK at 90 MASON STREET (Map 16, Lot 379) (R1 Zoning District) for Variances per Section 4.1.1. Dimensional Requirements and Section 3.2.4 Accessory Buildings and Structures of the Salem Zoning Ordinance to build an unattached 2.5-story garage with a living and storage space above. The proposed accessory garage building height is +/- 24’, where 18’ is the maximum required height, the proposed front set back is .08’, where 15’ is required, and the proposed distance between the existing residential dwelling and proposed garage is 21’, 7 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes where 40’ is required. The proposed location of the garage is in the front yard, where accessory structures are prohibited from being in the front yard, subject to the following 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. 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. 9. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. And the following special condition: 1. That a site construction logistics plan be created by the contractor and presented to the building inspector or commissioner for approval. Mr. Larrick seconds the motion. The vote is four (4) in favor (Paul Viccica, Nina Vyedin, Stephen Larrick, and Ellen Simpson) and none (0) opposed). The motion passes. Location: 91 Tremont Street (Map 16, Lot 297) (R2 Zoning District) Applicant: Rod Rivera Project: A public hearing for all persons interested in the petition of ROD RIVERA at 91 TREMONT STREET (Map 16, Lot 297) (R2 Zoning District) for a Variance to build an addition and dormer on the third floor. Documents and Exhibitions  Application date-stamped December 16, 2024, and supporting documentation Chair Vyedin introduces the petition. Rod Rivera introduces himself on behalf of the property owner as the project designer. Mr. Rivera presents floor plans and explains that on the second floor, there is a set of stairs leading to the attic that go through a bathroom and bedroom. The plan is to remove the stairs as they are not up to code. The attic is difficult to use as is with the current configuration, and Mr. Rivera indicates the plan is to move the stairs to a bump-out area of the property footprint. Mr. Rivera presents plans 8 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes with proposed conditions with reconfigured stairs in the property. He states the proposal includes increasing the height of the existing bump-out and building a dormer to make the attic more usable. The ridge of the roof will remain the same height, and the dormer is proposed for the rear. Mr. Rivera presents a plot plan as well. Chair Vyedin asks if the footprint is changing with the proposal, and Mr. Rivera states it is not. Dimensional information on existing and proposed conditions is presented, along with renderings of the proposal. Chair Vyedin suggests the relief may be a special permit per section 3.3.3. Ms. Orfanos clarifies that the dormer requires relief for height/number of stories. The current is 2.5 stories and changing to three. Mr. Viccica suggests the petition was not advertised properly or with sufficient detail, and it may make sense to re-advertise. Chair Vyedin offers that the fundamental change of the addition and dormer were advertised and that it is listed as a variance, but acknowledges that the exact relief and details were omitted and should be included. Mr. Larrick states he feels comfortable with the advertisement and moving forward, and Chair Vyedin states she does as well. Mr. Viccica asks if a statement of hardship was submitted. Ms. Simpson clarifies where the hardship statement is included in the packet and the Board reviews. Mr. Rivera discusses the historic layout and structural limitations of the home, the desire for increased safety and usability, and the lack of impact on the neighborhood from granting the relief. Mr. Rivera states that the property owners have lived there for over 20 years and wish to make the space feasible for them to continue staying there. Ms. Simpson asks for clarification regarding the statement of hardship. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Ms. Simpson motions to approve the petition of ROD RIVERA at 91 TREMONT STREET (Map 16, Lot 297) (R2 Zoning District) for a Special Permit per section 3.3.3 Nonconforming Structures and a Variance per section 4.4.1 to build an addition and dormer going from 2.5 stories to three stories, subject to the following 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. 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 (50%) of its floor area at the time of 9 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 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. 10. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. Mr. Viccica seconds the motion. The vote is four (4) in favor (Nina Vyedin, Paul Viccica, Ellen Simpson, and Stephen Larrick) and none (0) opposed. The motion passes. Location: 43 Rear Walter Street (Map 27, Lot 348) (R2 Zoning District) Applicant: Jesse DeBenedictis Project: A public hearing for all persons interested in the petition of JESSE DEBENDICTIS at 43 REAR WALTER STREET (Map 27, Lot 348) (R2 Zoning District) for a Special Permit per Section 3.3.5 Non-Conforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to build a dormer and roof deck on the second floor. Documents and Exhibitions  Application date-stamped January 06, 2025, and supporting documentation Chair Vyedin introduces the petition. Jesse DeBenedictis introduces himself and describes the petition to build a dormer to make a second egress. Mr. DeBenedictis explains the proposal would also add a roof deck, and that no additional setback relief is required as part of this petition. The height of the new dormer will be slightly lower than the existing height, and Mr. DeBenedictis indicates the design will conform with the existing building characteristics and those of the neighborhood. A plot plan and table of zoning requirements are presented showing existing and proposed conditions. Mr. Viccica asks to see a side elevation of the proposal, and it is presented. The dormer and roof deck proposal are clarified further. Chair Vyedin opens the floor to public comment but there is none. Motion and Vote: Ms. Simpson motions to approve the petition of JESSE DEBENDICTIS at 43 REAR WALTER STREET (Map 27, Lot 348) (R2 Zoning District) for a Special Permit per Section 3.3.5 Non- Conforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to build a dormer and roof deck on the second floor, subject to the following standard conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes, and regulations. 10 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. 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 (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 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. 10. Petitioner shall schedule Assessing Department inspections of the property, at least annually, to project completion and a final inspection upon project completion. Mr. Viccica seconds the motion. The vote is four (4) in favor (Nina Vyedin, Ellen Simpson, Paul Viccica, and Stephen Larrick) and none (0) opposed. The motion passes. MEETING MINUTES December 18, 2024 No edits. Motion and Vote: Ms. Simpson motions to approve the minutes from the December 18, 2024 meeting of the Zoning Board of Appeals, as amended. Mr. Viccica seconds the motion. The vote is four (4) in favor and none (0) opposed. The motion passes. OLD/NEW BUSINESS None Next Meeting March 19, 2025 11 City of Salem Zoning Board of Appeals February 12, 2025 Meeting Minutes ADJOURNMENT Motion and Vote: Mr. Larrick motions to adjourn the meeting. Ms. Simpson seconds the motion. The vote is all in favor. The motion passes. The meeting ends at 9:58 PM on February 12, 2025. For actions where the decisions have not been fully written into these minutes, copies of the Decisions have been posted separately by address or project at: https://www.salem.com/zoning-board-appeals/pages/zoning-board-appeals-decisions-2025 Respectfully submitted, Brennan Postich, Staff Planner 12