23 Naples Road ZBA Final DecisionDOMINICK PANGALLO
MAYOR
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET ♦SALEM, MASSACHUSETTS 01970
TEL: 978-619-5685
October 4, 2024
Decision
City of Salem
Board of Appeals
The petition of GABE ROSES at 23 NAPLES ROAD (Map 32, Lot 0402) (R1 Zoning District)
for a Special Permit per Section 3.3.5 Single- and Two-Family Nonconforming Residential
Structures of the Salem Zoning Ordinance to demolish an existing deck and to construct
a new 13’ X 18’6” two-story deck and new stairwell for the upper level that is 4’ wide. 23
Naples Road is nonconforming in the rear and side yard setbacks.
A public hearing on the above petition was opened on August 21st, 2024, pursuant to
M.G.L Ch. 40A, § 11 and was continued to September 18, 2024.
On August 21, 2024, the following members of the Salem Board of Appeals were present:
Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, Ellen Simpson and Carly McClain.
On September 21, 2024, the following members of the Salem Board of Appeals were
present: Nina Vyedin (Chair), Paul Viccica, Hannah Osthoff, Stephen Larrick, Ellen
Simpson and Carly McClain.
Statements of Fact:
The petition is date-stamped July 19, 2024. The petitioner is seeking the Board of Appeals
approval to allow the demolition of an existing deck and to construct a new two-story
deck in its place.
1. 23 Naples Road is owned by Gabe Roses.
2. The petitioner was Gabe Roses.
3. 23 Naples Road is located in the R1 Zoning District (Map 32, Lot 0402).
4. On August 21st, 2024, Gabe Roses presented the plans to the Board. Mr. Roses
stated they purchased the home in 2017 and their back deck which is made entirely
of wood is deteriorating. Mr. Roses stated the current deck is too small to
accommodate a table and they would like to have a deck large enough to
accommodate a sitting area that has a table.
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October 4, 2024
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5. Mr. Roses stated that they are proposing a second-floor deck that will be accessible
from a sliding glass door on the second floor, but there will be no stairs leading up
to the deck from the first floor to the second-floor deck.
6. The increase in nonconformity at 23 Naples Road is the proposed rear deck will
extend further into the rear yard setback to a distance of 22.9 feet into the rear
yard where a distance of 30 feet is required in the R2 Zoning District.
7. Two letters of support were submitted for this petition. Jeff Cohen, 5 Hancock
Street and Anna Goszcyzynska and Piotr Goszczynski, 24 Savoy Road.
8. The meeting was opened to public comment.
9. Matt Rosadini and Jillian Rizzo, 21 Naples Road, stated they objected to the plans
in the current configuration. They stated that it was not clear as to what the plans
are in the materials provided. They stated they have seen proposals that include
a pergola above the first-floor deck and they are concerned about their waterfront
view being obstructed. They stated the plans they have seen are inconsistent with
measurements and therefore, they are opposed to the current petition.
10.Ryan Noonan, 19 Naples Road, stated that the dimensions from the submitted
plans were too vague and that he was concerned about the impact on the water
views.
11.George Hoxha, 50 Highland Avenue, stated that there are glass options for the
deck that can be complementary and not obstruct views.
12.Nina Vyedin stated that she would like to have more plans and design materials
submitted to give the board more help her better understand what the Board
would be approving.
13.Gabe Roses requested to continue to the September 18, 2024, Zoning Board of
Appeals meeting.
14.The petition for 23 Naples Road was continued to the September 18, 2024,
meeting.
15.On September 18, 2024, the Board was informed by the city that based on newly
submitted plans, they would only be looking at the request for relief regarding the
stairs connecting of the deck. The stairs would be encroaching on the rear yard
setback only.
16.There were no further questions from the board.
17.There was no public comment.
The Salem Board of Appeals, after careful consideration of the evidence presented at the
public hearings, and after thorough review of the petition, including the application
narrative and plans, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Special Permit Findings:
The Board finds that the adverse effects of the proposed use will not outweigh its
beneficial impacts to the City or the neighborhood, in view of the particular characteristics
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October 4, 2024
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of the site, and of the proposal in relation to that site. In addition to any specific factors
that may be set forth in the zoning ordinance, the determination includes consideration
of each of the following:
1. Social, economic, or community needs are served by this proposal: the proposal
will provide the property owner with more time outside in their yard and with
family.
2. Traffic flow and safety, including parking and loading: there will be no impact on
traffic flow or parking.
3. Adequacy of utilities and other public services: there will be no change in utilities
with this petition.
4. Impacts on the natural environment, including drainage: there will be no impact
on the natural environment.
5. Neighborhood character: the project is in keeping with the neighborhood
character.
6. Potential fiscal impact, including impact on city tax base and employment: this
petition potentially will increase the tax base for the city.
On the basis of the above statements of fact and findings,the Salem Board of Appeals
voted five (5) in favor (Nina Vyedin (Chair), Paul Viccica, Carly McClain,
Stephen Larrick and Hannah Osthoff)) and none (0) opposed to grant GABE
ROSES a Special Permit per Section 3.3.5 Single- and Two-Family Nonconforming
Residential Structures of the Salem Zoning Ordinance to demolish an existing deck and
to construct a new stairwell for the rear deck, subject to the following terms, conditions
and safeguards:
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.
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October 4, 2024
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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.
__________________________
Nina Vyedin, 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.
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October 4, 2024
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