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124 Boston 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 October 22, 2025 Decision City of Salem Zoning Board of Appeals The petition of JIANKANG SPA BODY WORK, INC. at 124 BOSTON STREET (Map 16, Lot 0157) (B2 and R2 Zoning District; Entry Corridor Overlay District) for a Variance per Section 5.1.8 Required Parking and a Special Permit per Section 3.1.2 Special Permit to operate a personal service establishment on the first floor of a nonconforming two-family multi-use structure. The proposed Variance would allow five (5) parking spaces where nine (9) parking spaces are required. On October 15, 2025, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson. Hannah Osthoff was absent. Statements of Fact: The petition was date-stamped on September 17, 2025. The petitioner sought Zoning Board of Appeals approval for a personal service establishment on the first floor of a two-family multi-use structure. 1. M&T Realty LLC owns 124 Boston Street. 2. Jiankang Spa Body Work, Inc., was the petitioner. 3. Attorney William F. Quinn was the representative for Jiankang Spa Body Work, Inc. Attorney William F. Quinn presented on October 15, 2025. 4. The original filing on September 17, 2025, was amended with the Applicant’s consent to remove a Special Permit request per Section 9.4 Special Permits of the Salem Zoning Ordinance. 5. 124 Boston Street is in the B2 Zoning District, R2 Zoning District, and Entry Corridor Overlay District (Map 16, Lot 0157). 6. On October 15, 2025, Attorney William F. Quinn stated that the Applicant has operated a day spa business, including massages, at 116 Boston Street for six (6) years. He stated that the premises were destroyed by a fire. Mr. Quinn stated that he represented the owner of 124 Boston Street when he bought the property three (3) years ago. He noted that the Zoning Board’s decision allowed a change of use for two (2) dwelling units above existing office space. Mr. Quinn stated that the Board approved a parking plan with five (5) parking spaces—two (2) parking spaces for the tenants in the garage and three (3) parking spaces for the commercial space. City of Salem Zoning Board of Appeals October 22, 2025 Page 2 of 5 7. Chair Vyedin stated that the decision did not allocate the parking spaces. She noted that the decision stated that all the parking spaces would be for the residential units, with on- street parking for the commercial unit. Mr. Quinn stated that the tenants’ leases give the right to one (1) parking space per unit. 8. Mr. Quinn stated that the parking does not conform with the Zoning Ordinance because six (6) parking spaces are required for the day spa and three (3) parking spaces are required for the residential units. He added that they are providing less than the required parking, but reasonable parking considering the property’s use and parking counts. Mr. Quinn stated that they are looking for a Special Permit to change from an office use to a day spa use. He noted that they are looking for approval of the parking plan, which shows one (1) parking space for each tenant and three (3) parking spaces for commercial use. 9. Mr. Quinn stated that Boston Street is not subject to temporary Halloween parking restrictions. He noted that the Applicant’s side of Boston Street follows the same pattern as the neighborhood, with first-floor commercial space and residential units above. Mr. Quinn stated that most properties have little to no off-street parking. Mr. Quinn added that they are looking for a Variance from the lot area per dwelling unit requirements. 10. Chair Vyedin stated that the Statement of Grounds and Hardship noted the business serves one (1) customer at a time. She added that the floor plans show three (3) therapy rooms. Chair Vyedin asked the Applicant to explain this difference. Mr. Quinn stated that the Applicant’s business normally has one (1) employee, with several employees during the day. He added that there is always an additional person and noted that a client will have a space to park on-site. Mr. Quinn stated that he was explaining how the business operates rather than restricting how the business operates. 11. Chair Vyedin stated that there would be a maximum of seven (7) people with three (3) treatment rooms. Mr. Quinn stated that the business owner intends to operate as she has. He noted that business operations would include the business owner, one (1) client, and one (1) staff masseuse at a time. Chair Vyedin stated that the area has a lot of street parking and parking lots. 12. Ms. Simpson stated that she would believe the property has one (1) employee serving one (1) client at a time. She noted that she would not care about the number of employees and clients aside from the parking requirements. Mr. Quinn stated that the owner would manage the business, and other people would work with her on massages. He added that each employee manages one (1) client at a time. He noted that the business configuration would not be unusual. Mr. Quinn stated that there is a group of people who provide massages for the business. 13. Ms. McGaha stated that the second page of the floor plan lists Moody Street to the south. She asked whether the Board would approve the second page or the plot plan and dimensional table on the first page. Mr. Habib stated that the plans are mislabeled. Staff Planner Brennan Postich stated that the project is labeled ‘124 Boston Street’ on the second page. Chair Vyedin noted that the floor plan’s label should be updated if the Board approved the proposal. 14. Mr. Habib stated that the parking would be adequate for what the petitioner is asking because there would be an owner, a worker, and a client. He added that there would be City of Salem Zoning Board of Appeals October 22, 2025 Page 3 of 5 four (4) people in total if another individual waited for a massage. Mr. Habib stated that there is plenty of street parking in the area and noted that it is well outside downtown Salem. He added that an employee could move their car for a client to park. He noted that the spaces are appropriate because massages are by appointment only. 15. Chair Vyedin stated that the parking would be adequate at a peak capacity of seven (7) people. Mr. Habib stated that they would move their cars for the three (3) clients if there were no parking in the area. He noted that it would be rare for there to be no parking in the area. 16. Chair Vyedin stated that no dimensions on the property are changing. She added that the driveway is narrower than allowed by the Zoning Ordinance and noted that the previous Zoning Board of Appeals decision on October 5, 2023, approved the entryway. 17. Chair Vyedin opened the hearing for public comments. 18. The City received zero (0) public comments on the proposal before the hearing. At the October 15, 2025 public hearing, zero (0) members of the public commented on the proposal. 19. Chair Vyedin asked the Applicant to explain the proposal’s grounds and hardship. 20. Mr. Quinn stated that the Applicant has successfully operated the same day spa business since 2022 with no neighborhood issues or complaints. He added that the business’s low volume of traffic would not create any traffic flow or safety problems. Mr. Quinn stated that there would be no exterior renovations or construction. He noted that the proposed improvements would increase the property’s assessed value. 21. Mr. Quinn stated that many buildings on Boston Street have no parking, small lot widths, and small frontage. He noted that many buildings were constructed over one hundred (100) years ago. Mr. Quinn added that the Zoning Ordinance’s parking requirements would be impractical and unenforceable if the City wanted to keep the buildings used and located in the same way. Mr. Quinn stated that the history of the neighborhood allows nonconforming uses with limited on-site parking. He noted that there is a large retaining wall preventing drainage from one property to another. Mr. Quinn stated that literal enforcement of the Zoning Ordinance would result in substantial hardship to the Applicant in using the property. 22. Staff Planner Postich proposed wording for a special condition: The submitted floor plan dated August 20, 2025, shall be updated to replace ‘Moody Street’ with ‘Boston Street’. The updated floor plan shall be submitted to the Department of Planning and Community Development prior to issuance of a building permit. 23. Ms. McGaha motioned to approve the petition with the special condition proposed by Staff Planner Postich. Ms. Simpon seconded the motion. 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: Variance Findings: City of Salem Zoning Board of Appeals October 22, 2025 Page 4 of 5 1. Special conditions and circumstances especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district. The petitioner owns a lot with limited frontage and area for parking. 2. Literal enforcement of the provisions of the Ordinance involves substantial hardship to the petitioner in attempting to put the property to productive use. The petitioner would be unable to provide the number of required parking spaces on-site. Literal enforcement of the Zoning Ordinance’s parking requirements would prevent the petitioner from productively using the property. 3. Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent of the district or purpose of the Ordinance. The proposal does not increase the existing structure’s footprint. The request provides additional amenities for City residents while providing the minimum number of parking spaces required to avoid traffic safety concerns. Special Permit Findings: The Board finds that 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 supports community health and wellness needs by replacing the loss of a day spa amenity. 2. The impact on traffic flow and safety is negligible. The proposal provides one (1) parking space for each residential unit and three (3) parking spaces for three (3) massage tables. Adequate on-street parking and parking lots exist for spa employees and clients. 3. The proposal has minimal impacts on utilities and other public services. Adequate utilities and other public services already service the structure. 4. The proposal has positive impacts on neighborhood character. The proposed use maintains the longstanding presence of first-floor commercial space with dwelling units above throughout the neighborhood. 5. The proposal has minimal impacts on the natural environment, including greenhouse gas emissions and view. The proposal does not increase the structure’s footprint and will not significantly impact the natural environment. 6. The proposal has a positive potential economic and fiscal impact, including impacts on City services, tax base, and employment. The proposal will increase the tax base of the property while providing a positive impact on City employment. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five (5) in favor, (Nina Vyedin (Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson) and zero (0) opposed, to grant Jiankang Spa Body Work, Inc. at 124 Boston Street (Map 16, Lot 0157) (B2 and R2 Zoning District; Entry Corridor Overlay District) a Variance per Section 5.1.8 Required Parking and a Special Permit per Section 3.1.2 Special Permit to operate a personal City of Salem Zoning Board of Appeals October 22, 2025 Page 5 of 5 service establishment on the first floor of a nonconforming two-family multi-use structure. The proposed Variance will allow five (5) parking spaces where nine (9) parking spaces are required. 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. A Certificate of Inspection is to be obtained. 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. Special Conditions: 1. The submitted floor plan dated August 20, 2025, shall be updated to replace ‘Moody Street’ with ‘Boston Street’. The updated floor plan shall be submitted to the Department of Planning and Community Development prior to the issuance of a building permit. __________________________ Nina Vyedin, 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 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.