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26 Winter Street ZBA Final Decision DOMINICK PANGALLO MAYOR CITY OF SALEM, MASSACHUSETTS ZONING BOARD OF APPEALS 98 WASHINGTON STREET  SALEM, MASSACHUSETTS 01970 TEL: 978-619-5685 September 30, 2025 Decision City of Salem Zoning Board of Appeals 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 5.1.8 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: The petition was date-stamped on July 18, 2025. The petitioner sought Zoning Board of Appeals approval to change a nonconforming three-family use to a nonconforming owner-occupied nine- guestroom inn. 1. Bruce R. Carruthers owns 26 Winter Street. 2. Jeremy Schwartz & Shelby Soloff were the petitioners. 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, 2025 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 5.1.8 Off-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.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). __________________________ 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.