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8 Cushing Street Certified Decision CITY OF SALEM, MASSACHUSETTS ate JUN Z b ZUZ5 ZONING BOARD OF APPEALS hereby ce i that 20 days have 98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 expiR&fffihfft a this instrument TEL:978-619-5685 was receive,and that NO APPEAL has been filed in this office. 11 June 5, 2025 A True Gop'Y L-- Decision CA ATTESTROtITY CLERK, Salem, Mass. r-�- City of Salem Zoning Board of Appeals , tp;x cry The petition of ARSEN SHERAJ at 8 CUSHING STREET(Map 17, Lot 0171) (112 Zoning District)f06 Special Permit per Section 3.3.5 Nonconforming Single-and Two-Family Residential Structures to construct an enclosed two (2) story staircase atop an existing rear porch. The proposed construction would remain within the existing porch's three-and-three-tenths (3.3) foot north setback and remove an existing staircase zero (0)feet from the north setback. On May 21, 2025, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin, Hannah Osthoff, Peter Habib, Christa McGaha, and Stephen Larrick. Ellen Simpson was absent. Statements of Fact: The petition was date-stamped on April 3, 2025. The petitioner sought Zoning Board of Appeals approval to construct an enclosed two (2) story staircase atop an existing rear porch. 1. Arsen Sheraj and Aleksander Sheraj owned 8 Cushing Street. 2. Arsen Sheraj was the petitioner. Nicole Magno presented on behalf of Arsen Sheraj. 3. 8 Cushing Street is in the R2 Zoning District (Map 17, Lot 0171). 4. On May 21, 2025, Nicole Magno presented plans showing the proposed two (2) story enclosed staircase atop an existing rear porch. 5. This filing amended the original filing made on April 3, 2025, replacing the request for a Variance per Section 4.1.1 with a Special Permit request per Section 3.3.5. 6. Chair Vyedin asked Building Commissioner Voula Orfanos which aspects of the petition the Board should focus on. Building Commissioner Orfanos stated that the proposed enclosed staircase would expand up to three-and-three-tenths (3.3) feet to the eastern lot line where a ten (10)foot setback is required in the R2 Zoning District. 7. Chair Vyedin asked the Applicant to explain why the proposed changes would not be detrimental to the neighborhood. 8. Ms. Magno explained the home was in a dilapidated state when they initially purchased it. Ms. Magno stated their architect advised them to move one of the egresses to the second floor away because they were too close together. Ms. Magno noted the staircase atop the existing back porch would be enclosed so people would not slip on the stairs or walk in the snow during the winter. City of Salem Zoning Board of Appeals June 5, 2025 Page 2of3 9. Chair Vyedin asked if the house would remain a two(2) unit house. Ms. Magno confirmed the house would remain at two (2) units. 10. Chair Vyedin asked what would be to the east of the proposed enclosed staircase. Ms. Magno responded that there was a fence,driveway, and the neighbor's house to the east of the staircase. 11. Mr. Habib asked if the stairs zero (0) feet from the property line would be removed and replaced with a walkway. Ms. Magno stated the stairs would be replaced with a flat walkway going to the enclosed staircase. 12. Chair Vyedin asked if the petitioner would be closing the egress where the staircase zero (0) feet from the property line is located. Ms. Magno stated there would be no egress when the concrete staircase is removed. 13. Mr. Habib asked if both tenants could enter the new unit from the front door. Ms. Magno noted that both tenants could enter through the front or back entrance. 14. Ms. McGaha asked if the petitioner would close the gap in the chain-link fence around the staircase zero (0)feet from the property line. 15. Mr. Seraj stated that the neighbor had no opinion on whether to remove the staircase in the first place. He added that they planned to continue the chain link fence if the Board had no issue with it. 16. Chair Vyedin stated she appreciated the removal of the concrete staircase because it cleared three (3) feet of space for the side yard. She noted the removal of the staircase effectively decreases the encroachment of the setback. 17. Chair Vyedin opened up for public comment. 18. The Board received zero (0) written comments or comments at the public meeting. 19. Ms. Osthoff stated because nothing is changing at the dimensional table, removing the stairs almost improves the setback. She noted she has no issue approving this petition. 20. Mr. Habib stated this improvement increases the value and stability of the house. He noted the changes would improve the floor plan layout and existing conditions by continuing the fence line. 21. Chair Vyedin added that the side stairs do not look safe and that removing them would improve safety on the property. 22. Mr. Larrick noted this seemed like a straightforward application because it did not further an existing dimension. 23. Mr. Habib motioned to approve the petition. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five (5) in favor, (Nina Vyedin (Chair), Hannah Osthoff, Peter Habib, Christa McGaha, and Stephen Larrick)and zero(0)opposed,to grant Arsen Sheraj at 8 Cushing Street a Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures to construct an enclosed two (2) story staircase atop an existing rear porch. The proposed construction would remain within the existing porch's three-and-three-tenths (3.3) foot north setback and remove an existing staircase zero (0) feet from the north setback. Standard Conditions: City of Salem Zoning Board of Appeals June 5, 2025 Page 3of3 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. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 10. 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. 11. 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. 12. 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.4ehair 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.