26 Winter Street Certified ZBA Decision sy CITY OF SALEM, MASSACHUSETTS
t► CT 2 � 2025 ZONING BOARD OF APPEALS
98 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 01970 a
herebyceewtifyMmitO days have TEL:978-619-5685
expired from fiWbate this instrument
was received, and that NO APPEAL
has been filed in this office. September 30, 2025
Decision `
A True Cop -a
ATTEST: ITY CLERK, Sale ft Salem Zoning Board of Appeals
The petition of JEREMY SCHWARTZ & SHELBY SOLOFF at 26 WINTER STREET(Map 35, Lot 0081)
(112 Zoning District)for a Special Permit per Section 3.3.2 Nonconforming Uses and Variances per
Sections 5.1.5(6.b), 5.1.6(2), and 5.1.8 Off-Street Parking of the Salem Zoning Ordinance. The
Special Permit would allow a change in use from a nonconforming three-family structure to a
nonconforming owner-occupied nine-guestroom inn. The Variance requests would allow an
entry access primarily for overnight parking of eleven feet two inches (11' 2") (5.1.5[6.b]), two
(2) parking spaces within two feet(2')of the property line(5.1.6[2]),and 11 parking spaces where
12 are required (5.1.8).
A public hearing on the above petition was opened on August 20, 2025, pursuant to M.G.L Ch.
40A, § 11,was continued to September 17, 2025, and was closed on September 17, 2025.
On August 20, 2025, the following members of the Salem Zoning Board of Appeals were present:
Nina Vyedin (Chair), Hannah Osthoff, Peter Habib, Stephen Larrick, and Ellen Simpson. Christa
McGaha was absent.
On September 17, 2025, the following members of the Salem Zoning Board of Appeals were
present: Hannah Osthoff(Acting Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen
Simpson. Nina Vyedin was absent.
Statements of Fact:
60 The petition was date-stamped on July 18, 2025. The petitioner sought Zoning Board of Appeals
Aapproval to change a nonconforming three-family use to a nonconforming owner-occupied nine-
guestroom inn.
\15 1. Bruce R. Carruthers owns 26 Winter Street.
2. Jeremy Schwartz & Shelby Soloff were the petitioners.
m 3. Jeremy Schwartz &Shelby Soloff presented on August 20, 2025,and September 17, 2025.
Attorney Robert Ciampitti,Jr. presented on September 17, 2025, representing the owner
Bruce R. Carruthers.
City of Salem Zoning Board of Appeals
September 30, 2025
Page 2 of 4
4. The original filing on July 18, 2025, was amended with the Applicant's consent to include
Variance requests per Sections 5.1.5(6.b), 5.1.6(2), and 5.1.8 Off-Street Parking of the
Salem Zoning Ordinance.
5. 26 Winter Street is in the R2 Zoning District (Map 35, Lot 0081).
6. On August 20, 2025, Jeremy Schwartz and Shelby Soloff presented plans to convert a
three-family structure into an owner-occupied nine-guestroom inn. Mr. Schwartz stated
that the proposed changes would not change the building's exterior footprint and added
that the Variances would have to do with parking. He added that the inn would benefit
Salem by allowing more people to understand, experience, and be a part of the history of
the building. Mr. Schwartz stated that they would be good stewards of the property and
be living on-site as an owner with a business interest in the property.
7. Mr. Schwartz stated that the property would have a yearly maintenance program and a
ten-year assessment. He added that a fire suppression system would be a part of the
process to maintain the historical significance of the property.
8. Mr. Schwartz stated that they would be employing 2-3 residents, providing an economic
benefit to the employees and their families. He added that they would be a business
providing money for Salem's tax base with rentals and lodging taxes. He stated that they
plan on having periodic pop-up shops, including shelving that can display items from local
businesses for purchase by guests. Mr. Schwartz added that this would not be a retail
location for purchasing items. Mr. Shwartz stated that they plan on co-sponsoring charity
events on the property during the off-season, in a manner no different than someone
owning a 7,000 square foot home holding a party one to two times a year.
9. Chair Vyedin opened the hearing for public comments.
10. The City received thirteen (13) public comments on the proposal before the hearing.
Additionally, the City received a petition with 113 electronic signatures opposed to the
requested relief before the hearing. The public comments were from Alex Magyar, 12
Winter Street; Andrew Smith (address not provided); Anna Spencer, 18 Mall Street;
Barbara Ken, 12.5 Williams Street; Councillor Cynthia Jerzylo (address not provided);Julie
Gordon, 6 Kosciusko Street; Michael and Wendy Gunning, 23 Winter Street; Milo
Martinez, 78 Washington Square; Peter and Mary Lutz, et al., 26 Winter Street, 14 Winter
Street, 18 Winter Street, and 35 Washington Square; Richard Lindeman, 113 Federal
Street; Scott Coughlin (address not provided); and Victor Oliveira, 31 Washington Square.
11. At the August 20, 202S public hearing, twelve (12) members of the public commented on
the proposal. The members who offered comments at the hearing were: Catherine Band,
6 Oliver Street; Victor Oliveira, 31 Washington Square; Michael Gunning, 23 Winter
Street; Liz Eibert, 10 Forrester Street; Tony Duffy (address not provided); Kim
Youngworth, 14 Winter Street; Richard Wise, 51 Washington Square North;Jody and Carl
Carton, 5 Oliver Street; Alex Magyar, 12 Winter Street; Councillor Varela, 23 Cedarcrest
Avenue; Peter Lutts, 24 Winter Street; and Justin Whitter, 10 River Street.
12. The Board requested the following additional information from the petitioner:
1. Landscape plan or photographs of landscaping on the property.
2. Plan showing turning radii and access to/from parking spaces on the property.
City of Salem Zoning Board of Appeals
September 30, 2025
Page 3 of 4
3. Explanation for why nine guestrooms are required financially, rather than the six
allowed by Special Permit from the Zoning Board of Appeals.
4. Floorplan of the existing house and/or description of proposed property changes.
5. Explanation of occupancy and market demand for lodging in Salem.
13. On August 29, 2025, the City received a request from the Applicant to withdraw without
prejudice. The request stated that "we are requesting to withdraw our ZBA petition for
26 Winter Street without prejudice."
14. On September 17, 2025, Staff Planner Brennan Postich verified that the Applicant
consented to a four-member voting Board.
15. On September 17, 2025, Robert Ciampitti stated that there was a purchase contemplated
between the Applicant and the property owner based upon a pursuit in change of
permitting. He added that the absence of a change in permitting renders no further
involvement between the Applicant and his client.
16. Acting Chair Osthoff opened the hearing for public comments.
17. The City received zero (0) new public comments on the proposal before the public
hearing. At the September 17, 2025 public hearing, zero (0) members of the public
commented on the proposal. In total, thirteen (13) comments and an electronic petition
with 113 signatures were submitted to the Board.
18. Mr. Larrick motioned to withdraw the petition without prejudice. Mr. Habib seconded the
motion.
Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted
four (4) in favor, (Hannah Osthoff (Acting Chair), Peter Habib, Stephen Larrick, and Ellen
Simpson) and zero (0) opposed, to withdraw the petition of Jeremy Schwartz&Shelby Soloff at
26 Winter Street (Map 35, Lot 0081) (R2 Zoning District) for a Special Permit per Section 3.3.2
Nonconforming Uses and Variances per Sections 5.1.5(6.b), 5.1.6(2), and 5.1.8Off-Street Parking
of the Salem Zoning Ordinance without prejudice. The Special Permit would allow a change in
use from a nonconforming three-family structure to a nonconforming owner-occupied nine-
guestroom inn.The Variance requests would allow an entry access primarily for overnight parking
of eleven feet two inches (11' 2") (5.1.5[6.bj), two (2) parking spaces within two feet (2') of the
property line (5.1.6[2j), and 11 parking spaces where 12 are required (5.1.8).
'A"maA OISLJLOa,160
Hannah Osthoff,Acting Chair
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
City of Salem Zoning Board of Appeals
September 30, 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 Southern Essex Registry of Deeds.