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7 Cloutman Street Certified Decision ;�ONDIT -16 V. CITY OF SALEM MASSACHUSETTS 9 BOARD OF APPEALS 98 WASHINGTON STREET • SALEM,MASSACHUSETTS 01970 L'Jy DOMINICK PANGALLO TEL.978-619-5685 U),_. MAYOR X V-0 January 29, 2025 Decision j r; s:u City of Salem Board of Appeals The petition of The petition of PUERTA EDER JUNIOR BOMBONATO at7 CLOUTMANSTREET(Map 24, LOT 213) (131 Zoning District) for a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to build a spiral egress staircase for the second unit that has a rear yard setback of 15', where 30' is required, and side yard setback of 8.9, where 10' is required. A public hearing on the above petition was opened on January 15, 2025, pursuant to M.G.L Ch. 40A, § 11 and was closed on January 15, 2025. OnJanuary 15, 2025 the following membersof the Salem Boardof Appeals were present: Hannah Osthoff, Paul Viccica, Ellen Simpson, and Stephen Larrick. Statements of Fact: The petition is date-stamped November 26, 2024. The petitioner seeks the Board of Appeals approval to convert a mixed-use building with a dentist's office into a three-family dwelling. 1. 7 Cloutman Street is owned by Puerta Eder Junior Bombonato 2. The petitioner Puerta Eder Junior Bombonato 3. The representative was John Bavuso 4. 7 Cloutman Street is located in the B1 Zoning District. 5. On January 15, 2025, John Bavuso presented the plans to the Board. 6. 7 Cloutman is a two-family dwelling.There was a water main break last year and upon arrival,the building inspector said that the first-floor egress through the basement was noncompliant and that the second floor had no egress. 7. The applicant is looking to install a spiral stair as a second egress.The property is already non-conforming. The spiral stairs are five (5) foot in diameter with thirty-two (32) inch platform. Dimensional regulations dictate the rear setback is to the line of the building, not including stairs. The thirty-two (32) inch landing would encroach on the setback. 8. Ms.Osthoff asks if there is a proposal to addressed the first-floor egress. Mr. Bavuso says that there is one, there is a thirty(30) inch door and thirty-two (32) inch is required on a previously built partition wall. There is also a thirty-nine (39) inch x twenty (20) inch landing at basement stairs where thirty-six (36) inch x thirty-six (36) inch is required. 9. There is no record on who did this work prior to the current owner. 10. Th house has been listed as a two-family consistently since 1995. 11.The spiral stairs are the only variance needed. Other work is interior and will be dealt with through the Building Inspector. 12. Mr. Viccica asks if they would accept a special condition that any additional additive pieces that should be required to meet the egress requirement would result in the applicant returning the Zonin Board of Appeals. 13. Ms. Osthoff does not find this to be detrimental. 14. Mr. Bavuso says the stair will not go beyond the building but it may move slightly. 15. Mr. Larrick asks if the units are currently occupied. Mr. Bavuso sys that the units have been vacant since the watermain break and the egress issues were discovered. 16. Mr. Larrick asks if they worked with the Building Inspector. Mr. Bavuso says no as the Building Inspector during a conversation indicated that she could not issue a written denial and the applicant should apply to the ZBA. 17. There were no written comments nor are there any members of the public who wish to speak. 18. Motion to approve the petition of 7 Cloutman is made by Ms.Simpson, seconded by Mr. Viccica. On the basis of the above statements of fact and findings, the Salem Board of Appeals voted four(4)in favor(Hannah Osthoff,Paul Viccica,Stephen Larrick,and Ellen Simpson and none(0) opposed to grant UERTA EDER JUNIOR BOMBONATO at 7 CLOUTMAN STREET a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to build a spiral egress staircase for the second unit that has a rear yard setback of 15', where 30' is required, and side yard setback of 8.9', where 10' is required. 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 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, prior to project completion and a final inspection upon project completion. 4 Hannah Ostoff Vice 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 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. VE,B 2 4 2025 pate that 20 days have 1 hereby certify Gt ment to this ►t expired from the d`1tr_at NO APPEAL was received, X has been filed in 'Ns o#{ice.. COPY ATrue CLERK, Salem, Mass. ATTEST: CITY