43 Rear Walter Street Stamped ZBA Decision CITY OF SALEM, MASSACHUSETTS
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DOMINICK PANGALLO TEL:978-619-5685 �I
MAYOR
February 26, 2025
Decision
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City of Salem Board of Appeals '
The petition of JESSE DEBENEDICTIS at 43 REAR WALTER STREET (Map 27, Lot 348) (R2 Zoning
District) for a Special Permit from Section 3.3.5 Non-Conforming Single- and Two-Family
Residential Structures of the Salem Zoning Ordinance to construct a dormer and roof-deck on the
second floor of the house.
On February 12, 2025,the following members of the Salem Board of Appeals were present: Nina
Vyedin (Chair), Paul Viccica, Stephen Larrick, and Ellen Simpson. Hannah Osthoff was absent.
Statements of Fact:
The petition is date-stamped January 6, 2025. The petitioner seeks Board of Appeals approval to
construct a dormer and roof-deck on the second floor.
1. Tyler Lowe owns 43 Rear Walter Street.
2. The petitioner was Jesse Debenedictis.
3. Mr. Debenedictis presented for the property owner Tyler Lowe.
4. 43 Rear Walter is located in the R2 Zoning District (Map 27, Lot 348).
5. Jesse Debenedictis stated he is requesting relief for a height restriction on the existing
non-conforming lot. Mr. Debenedictis stated he is constructing a deck on the second floor
of a currently non-conforming lot. The existing structure height is thirty (30)feet, six (6)
inches tall,with the new dormer being thirty (30) feet high.
6. Mr. Debenedictis discussed the requested relief forthe petition and grounds forthe relief.
He stated the requested special permit will increase the value of the home, the
neighborhood, and the tax base of the City, while also enhancing neighborhood
aesthetics.
7. Chair Vyedin inquired if there is currently an addition to the existing structure.
8. Mr. Debenedictis explained there is a pre-existing, poorly built space on the second floor.
9. Chair Vyedin asked building commissioner Stavroula Orfanos if the special permit is only
to allow an exit from the dormer onto the roof deck.
10. Stavroula Orfanos confirmed the special permit is to allow the exit from the dormer onto
the roof deck, explaining there was a building permit issued for the currently existing
structure.
City of Salem Board of Appeals
February 26, 2025
Page 2 of 3
11. Mr. Debenedictis explained that the proposed second story edition was previously used
for storage, and unable to be used effectively.
12. Mr.Viccica asked if the height of the dormer is greater than the existing ridge height.
13. Mr. Debenedictis explained the height of the dormer is six (6) inches lower than the
existing structure height.
14. Mr. Viccica asked for a side-elevation plan of the structure to see where the dormer is
located on the site.
15. Mr. Benedictis explained the roof deck is being constructed fully within the existing width
of the addition to the house.
16. Chair Vyedin opened the floor for public comment.At the public hearing, no(0)members
of the public spoke in opposition to or in favor of the petition.
17. Ms. Simpson made a motion to approve the petition.
On the basis of the above statements of fact and findings, the Salem Board of Appeals voted
four (4) in favor, (Nina Vyedin (Chair), Paul Viccica, Stephen Larrick, and Ellen Simpson) and
zero (0) opposed, to grant Jesse Debenedictis at 43 Rear Walter Street a special permit from
Section 3.3.5 Non-Conforming Single- and Two-Family Residential Structures to construct a
dormer and roof deck on the second floor of the house.
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. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection 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. 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.
9. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, prior to project completion and a final inspection upon project completion.
City of Salem Board of Appeals
February 26, 2025
Page 3 of 3
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.