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73 Essex Street ZBA Final Decision DOMINICK PANGALLO MAYOR CITY OF SALEM ZONING BOARD OF APPEALS CITY HALL ANNEX 2ND FLOOR, 98 WASHINGTON STREET SALEM MA 01970 May 20, 2026 Decision City of Salem Zoning Board of Appeals The petition of HANNAH RISSER-SPERRY & NICK KALLMAN at 73 ESSEX STREET (Map 35, Lot 0363) (R2 Zoning District) for a Special Permit per Section 3.3.5(3) Nonconforming Single- and Two- Family Residences of the Salem Zoning Ordinance to construct a three-story, six-foot-diameter spiral staircase with a third-floor deck and railing, decreasing the property’s side setback from 3.8 feet to 2.9 feet. On May 6, 2026, the following members of the Salem Zoning Board of Appeals were present: Christa McGaha (Acting Chair), Hannah Osthoff, Peter Habib, Elena Eimert, Stephen Larrick, and Ellen Simpson. Nina Vyedin (Chair) was absent. Statements of Fact: 1. In the petition date-stamped March 17, 2026, the petitioner requests a Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residences of the Salem Zoning Ordinance. 2. Hannah Risser-Sperry and Nick Kallman own 73 Essex Street and are the petitioners. Walter Beebe-Center, president of Essex Restoration, is the representative, presenting on May 6, 2026. 3. 73 Essex Street is in the R2 Zoning District (Map 35, Lot 0363). 4. On May 6, 2026, Mr. Beebe-Center presents plans to construct a three-story staircase accessing a third-story deck, to be completed alongside an existing two-family house’s renovation. The proposed elevation plan shows a five-foot-diameter staircase accessing the second and third floors. 5. At the May 6, 2026 hearing, the Board requests a special condition requiring the submission of an updated dimensional table reflecting a revised side setback, if applicable to the proposal. The representative consents to the proposed special condition. 6. The City receives zero comments on the proposal before or at the May 6, 2026 hearing. 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: City of Salem Zoning Board of Appeals May 20, 2026 Page 2 of 3 Special Permit Findings: The Board finds that change or extension of 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 will provide a code-compliant accessway for the second and third floors of a two-family house. 2. The proposal has a negligible impact on traffic flow and safety. The proposal does not change vehicular access to and from the property. 3. The proposal has minimal impacts on utilities and other public services. Adequate utilities and other public services already serve the structure. 4. The proposal has minimal impacts on neighborhood character. The proposal minimally decreases the side setback of the existing nonconforming structure. The closest abutting property, 71 Essex Street, is dedicated to an institutional use rather than a residential use. 5. The proposal has minimal impacts on the natural environment, including greenhouse gas emissions and view. Aside from the spiral staircase, the proposal does not increase the structure’s footprint. 6. The proposal has a positive potential economic and fiscal impact, including impacts on the City’s 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 in favor, (Hannah Osthoff, Peter Habib, Elena Eimert, Stephen Larrick, and Christa McGaha (Acting Chair)) and zero opposed, to grant HANNAH RISSER-SPERRY & NICK KALLMAN at 73 ESSEX STREET (Map 35, Lot 0363) (R2 Zoning District) a Special Permit per Section 3.3.5(3) Nonconforming Single- and Two-Family Residences of the Salem Zoning Ordinance to construct a three-story, six-foot-diameter spiral staircase with a third-floor deck and railing, decreasing the property’s side setback from 3.8 feet to 2.9 feet. 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. City of Salem Zoning Board of Appeals May 20, 2026 Page 3 of 3 8. 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. 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. Special Condition: 1. Prior to issuance of a building permit, the petitioner shall submit an updated dimensional table reflecting a revised side setback to the Director of Planning and Community Development, if the proposal requests a five-foot-diameter spiral staircase. __________________________ Hannah Osthoff, Secretary 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.