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43 Rear Walter Street ZBA Stamped Decision �coninjr;�� . CITY OF SALEM, MASSACHUSETTS ZONING BOARD OF APPEALS , ME a 98 WASHINGTON SIREET♦ SALEM,MASSACHUSETTS 01970 DOMINICK PANGALLO TEL:978-619-5685 MAYOR rya e�+ October 22, 2025 = e ry Decision r" City of Salem Zoning Board of Appeals ca The petition of WORKS BY JESSE DEBENEDICTIS at 43 REAR WALTER STREET (Map 16, Lot 6596) (R2 Zoning District) for a Special Permit per Section 3.3.5 Single- and Two-Family Residences of the Salem Zoning Ordinance. The proposal would replace a two-story staircase at the rear of a nonconforming single-family home with a two-story staircase, a second-floor deck, and a first- floor covered porch.The proposal would decrease the rear setback from 28.8 feet to twenty-five feet (25'). On October 15,2025,the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson. Hannah Osthoff was absent. Statements of Fact: The petition was date-stamped on August 26, 2025.The petitioner sought Zoning Board of Appeals approval to replace a two-story staircase with a two-story staircase, second-floor deck, and first-floor covered porch. 1. Sonia and Tyler Lowe own 43 Rear Walter Street. 2. Works by Jesse Debenedictis was the petitioner. 3. Lisa Speziale presented on behalf of Sonia and Tyler Lowe on October 15, 2025. 4. The original filing on August 26, 2025, was amended with the Applicant's consent to replace a Variance request per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance with a Special Permit request per Section 3.3.5 Single- and Two-Family Residences of the Salem Zoning Ordinance, 5. 43 Rear Walter Street is in the R2 Zoning District (Map 16, Lot 0096). 6. On October 15, 2025, Lisa Speziale presented plans to replace a two-story staircase with a two-story staircase, a second-floor deck, and a first-floor covered porch. Chair Vyedin asked to view the submitted dimensional table. 7. The dimensional table showed that the rear setback would decrease from 28.8 feet to twenty-five feet (25') with no other dimensions changing because of the proposal. 8. Chair Vyedin stated that the Board heard a petition for 43 Rear Walter Street six (6) months ago. Ms. Speziale stated that they are completing projects at the house in phases. Chair Vyedin asked to view the elevation and floor plan. City of Salem Zoning Board of Appeals October 22, 2025 Page 2 of 4 9. Ms. Speziale stated that the upper deck exists currently but is unsafe. She added that the stairs to the deck are not attached to the deck. She noted that the stairs do not reach the ground. Ms. Speziale stated that a base set of stairs provides access to the ground rather than the staircase. She added that their clients wanted to take advantage of the space below the deck during rebuilding. She noted that they propose to rebuild the deck in the same footprint but to expand the stairs outwards to include a sunroom accessible from the ground floor. Ms. Speziale stated that they would be taking advantage of the outdoor space without taking up much more of the existing green space. 10. Chair Vyedin asked whether the house would remain a single-family home. Ms. Speziale stated that the house would remain a single-family house. Chair Vyedin stated that an egress to the second floor would be typical for a multifamily structure. Ms.Speziale stated that there are two (2) means of egress on the ground level because the outside door leads to the second floor. 11. Ms. Simpson asked where the proposed hatch from the basement would be located. Ms. Speziale stated that nothing exists under the deck and noted that people could exit from the basement stairs. She added that people could now exit the house using a hydraulic door to the sunroom. She noted that the basement stairs would be covered by a hatch. 12. Ms. Simpson asked whether the second-floor addition on the side would increase the nonconformity of the house. Chair Vyedin stated that the Board had previously approved the addition. She added that the Board would only be reviewing the decking and stairs. 13. Mr. Habib asked whether a staircase accessing the second-floor deck would be necessary because the Applicant would be requesting a single-family house. Ms.Speziale stated that the property owners like the convenience of exiting through the stairs rather than exiting from inside the house. She added that the proposal would provide an extra means of egress if there were a fire in the front of the house. Chair Vyedin stated that the Board does not typically review two (2) means of egress from a single-family house. She added that there would not necessarily be anything wrong with that choice. 14. Chair Vyedin opened the hearing for public comments. 15. The City received zero (0) public comments on the proposal before the hearing. At the October 15, 2025 public hearing, zero (0) members of the public commented on the proposal. 16. Chair Vyedin stated that she was comfortable with the proposal because it would only slightly change the rear setback. Mr. Habib stated that the proposal is at the minimal length it needs to be. He added that the proposal does not aggressively push out the structure and provides a better means of egress from the basement. 17. Mr. Larrick motioned to approve the petition. Ms. Larrick seconded the motion. The Salem Zoning Board of Appeals, after carefully considering the evidence presented at the public hearings, and thoroughly reviewing the petition, 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: City of Salem Zoning Board of Appeals October 22, 2025 Page 3 of 4 The Board finds that the reconstruction, extension, alteration, or change will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 1. Community needs are served by the proposal. The proposal provides a safer means of egress from the basement and second-floor deck. 2. The impact on traffic flow and safety is negligible.The proposal does not impact off-street parking, and the proposed changes are occurring in the rear of the property. 3. The proposal has minimal impacts on utilities and other public services. Adequate utilities and other public services already service the structure. 4. The proposal has minimal impacts on neighborhood character. The proposal decreases the setback by the minimum amount necessary to create the proposed sunroom and staircase. 5. The proposal has minimal impacts on the natural environment, including greenhouse gas emissions and view. The proposal minimally increases the structure's footprint while keeping the sunroom inside the bounds of the existing staircase. 6. The proposal has a positive potential economic and fiscal impact, including impacts on City services, tax base, and employment. The proposal will increase the property's tax base while providing a temporary positive impact on City employment. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five (5) in favor, (Nina Vyedin (Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson) and zero (0) opposed, to grant Works by Jesse Debenedictis at 43 Rear Walter Street (Map 16, Lot 0096) (R2 Zoning District) a Special Permit per Section 3.3.5 Single-and Two-Family Residences of the Salem Zoning Ordinance. The proposal will replace a two-story staircase at the rear of a nonconforming single-family home with a two-story staircase, a second-floor deck, and a first-floor covered porch.The proposal will decrease the rear setback from 28.8 feet to twenty- five feet (25'). 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. City of Salem Zoning Board of Appeals October 22, 2025 Page 4of4 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, prior to project completion and a final inspection upon project completion. X/-M vqe6tlz�Llldl�o Nina Vyedin, air 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 Southern Essex Registry of Deeds.