56 School Street Stamped Application CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET SALEM,MASSACHUSETTS 01970
DOMINICK PANGALLO TEL:978-619-5685
MAYOR
February 26, 2025
Decision
City of Salem Board of Appeals
The petition of PAPA NIOKILLAQ at 56 SCHOOL STREET(Map 27, Lot 0003) (112 Zoning District)for
a Variance from Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to
construct a three (3) story house where two-and-a-half (2.5) stories are allowed. This
construction decreases the square feet per dwelling unit to 5,595 square feet where 7,500 square
feet per dwelling unit is allowed. This filing amends the original filing made on December 17,
2024,with a revised description replacing a special permit request with a variance request.
A public hearing on the above petition was opened on January 15, 2025, pursuant to M.G.L Ch.
40A, § 11,was continued to February 12, 2025, and was closed on February 12, 2025.
On January 15, 2025, the following members of the Salem Board of Appeals were present: Paul
Viccica, Hannah Osthoff,Stephen Larrick, and Ellen Simpson. Nina Vyedin was absent.
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 December 17,2024. The petitioner seeks Board of Appeals approval
to construct third story on the house.
1. Adimir Toska owns 56 School Street.
2. The petitioner was Papa Nikollaq.
3. 56 School Street is located in the R2 Zoning District (Map 27, Lot 0003).
4. On January 15,2025,Admir Toska presented plans that changed the lot's use from a single
family to a two-family use, which was allowed in an R2 zoning district. The minimum lot
area per dwelling unit decreaseed to 5,595 square feet per dwelling unit, lower than the
7,500 square feet per dwelling unit allowed in an R2 district. The plan preserved the
existing historic roof. Mr.Toska presented six (6) parking spaces.
5. Mr. Viccica questioned why the application was not advertised as a special permit rather
than a variance because if the number of stories rises from two-and-a-half(2.5)to three
(3)stories,that reaches the threshold of requiring a variance.
City of Salem Board of Appeals
February 26, 2025
Page 2 of 4
6. Acting Chair Osthoff referenced legal counsel Robin Stein's advice, stating if the project
description remained accurate the Board can vote on it. Ms. Osthoff agreed with Mr.
Viccica in believing the application needed to be advertised as a variance.
7. Mr. Viccica clarified that historically the Board requests the applicant refile and
readvertise when an application is incorrectly advertised. He states he could notvote'Yes'
even if he agrees with the application because it was incorrectly advertised.
8. Acting Chair Osthoff noted that because of the points Mr.Viccica raised,she recommends
the applicant readvertise and continue the application to the next meeting.
9. Mr. Larrick recommended the applicant request a statement of grounds, as is required
for a variance.
10. Mr. Viccica explained that the applicant should restate what is requested because
neighbors determine whether they should attend a meeting or not depending on an
application's wording.
11. Acting Chair Osthoff opens up for public comment.At the public hearing, no(0) members
of the public spoke in opposition to or in favor of the petition.
12. Mr. Larrick made a motion to continue the petition to the February 12, 2025 Board of
Appeals meeting.
13. On February 12, 2025, Admir Toska presented the variance statement of grounds. He
wanted to create a finished attic, requiring a third story on the house. Mr. Toska stated
there is no change in drainage on the property because there is not enough construction
changing the amount of impervious surface on the lot.
14. Chair Vyedin asked for the plans the applicant submitted and opened the floor for
comments from members of the board.
15. Mr. Viccica stated that the board has historically been strict on correctly advertising the
requirements so the public is aware of the thresholds required by the request. He stated
that he believed it would be in the best interest of the City and the public that the meeting
be advertised properly.
16. Mr.Toska stated he is increasing the square footage of the house by increasing the height
of the third floor. An additional six (6) parking spaces would be placed at the backside of
the lot.
17. Chair Vyedin opened up for public comment.
18. Michael Becker, living in 19 Parlee Street and the former next-door neighbor of the
property,stateed the new parking would allow for the safer entering and exiting from the
property and fully supports the project.
19. Building commissioner Stavroula Orfanos confirmed with the applicant that he should
check with the Building Department to obtain a permit for the driveway construction.
20. Mr. Larrick 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 Papa Niokillaq at 56 School Street a variance from Section 4.1.1
Dimensional Requirements of the Salem Zoning Ordinance to construct a three (3) story house
City of Salem Board of Appeals
February 26, 2025
Page 3 of 4
where two-and-a-half(2.5) stories are allowed. This construction decreases the square feet per
dwelling unit to 5,595 square feet where 7,500 square feet per dwelling unit is allowed.
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.
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.
✓Vuia. I/ iz,I,B�
Nina Vyedi , 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
City of Salem Board of Appeals
February 26, 2025
Page 4 of 4
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.