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53 Appleton Street ZBA Stamped Decision r d� CITY OF SALEM, MASSACHUSETTS ZONING BOARD OF APPEALS 98 WASHINGTON STREET ♦SALEM,MASSACHUSETTS 01970 DonIINICK PANGALLO TEL:978-619-5685 K- OR a --a �n April 9, 2025 Decision City of Salem Zoning Board of Appeals The petition of JESSE DEBENEDICTIS at 53 APPLETON STREET (Map 27, Lot 0169) (112 Zorrig District) for a Variance per Section 4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures to modify an existing non-conforming two-family structure by extending the rooftop above the second floor.This will create a three (3) story building where two-and-a-half(2.5) stories are allowed. On March 26, 2025,the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin, Hannah Osthoff, Peter Habib, Christa McGaha, Stephen Larrick,and Ellen Simpson. Statements of Fact: The petition was date-stamped January 22, 2025. The petitioner sought Zoning Board of Appeals approval to extend the rooftop above the second floor. 1. Michael Titus and Janel Titus owned 53 Appleton Street. 2. The petitioner was Jesse Debenedictis. 3. The representative was Jesse Debenedictis. Jesse Debenedictis and Lisa Speziale presented on behalf of Works by JD. 4. 53 Appleton Street is in the R2 Zoning District (Map 27, Lot 0169). 5. This filing amended the original filing made on January 22, 2025, adding a variance request to create a three (3) story building. 6. On March 26, 2025, Lisa Speziale stated she is representing Works by JD. Ms. Speziale presented plans proposing to rebuild the front portion of the roof belonging to Unit B with a new Nantucket-style dormer. She noted the addition is designed to fit with the existing style of the home. Ms. Speziale stated the third-floor square footage would increase from five-hundred-nineteen (519) square feet to six-hundred-fifty-four (654) square feet, and the homeowner's parents had previously converted the structure from a single-family to a two-family home.She explained the homeowner would like to remain in the community he grew up in by creating a third bedroom on the third floor, believing the design would not have any detrimental neighborhood effects. 7. Chair Vyedin noted the Variance per Section 4.1.1 Dimensional Requirements is purely for the extension to go from two-and-a-half(2.5)to three (3) stories. Ms.Vyedin asked if the applicant also required a special permit. City of Salem Zoning Board of Appeals April 9, 2025 Page 2 of 3 8. Staff Planner Brennan Postich confirmed the Building Commissioner stated the applicant requires a Special Permit per Section 3.3.5. 9. Chair Vyedin opened up for public comment. 10. Mr. Larrick asked what creates a three (3) story building. Mr. Habib stated he had the same question, and noted he believed it was important that the ridge line fit the surrounding buildings. 11. Ms. McGaha stated that while the zoning code did not define a three (3) story house, it defines a two-and-a-half (2.5) story building. She referenced the Zoning Code in describing a two-and-a-half (2.5) story building as a structure under a gable roof where the walls are not more than two (2) feet from the floor. 12. Chair Vyedin stated she would be happy moving forward because the building counts as two-and-a-half (2.5) stories while the new building will be three (3) stories. Ms. Vyedin noted she is happy with the description of the relief sought from the applicant. 13. Ms. Osthoff motioned to approve the petition. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted four (5) in favor, (Nina Vyedin (Chair), Hannah Osthoff, Peter Habib, Christa McGaha, and Stephen Larrick) and zero (0) opposed, to grant JESSE DEBENEDICTIS at 53 APPLETON STREET a Variance per Section 4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.5 Nonconforming Single-and Two- Family Residential Structures to modify an existing non- conforming two-family structure by extending the rooftop above the second floor. This will create a three (3) story building where two-and-a-half(2.5)stories are allowed. 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. 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 City of Salem Zoning Board of Appeals April 9, 2025 Page 3of3 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, prior to project completion and a final inspection upon project completion. ✓V ina V" Nina Vyedi , Chair Zoning 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 40A, 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 40A, 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.