170 North Street ZBA Certified Decision e
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CITY OF SALEM
ZONING BOARD OF APPEALS
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CITY HALL ANNEX 2ND FLOOR,98 WASHINGTON STREET,SALEM MA 019TY�
DOMINICK PANGALLO U)n �:3
MAYOR rTi
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December 31, 2025 +=
Decision co:;K o
City of Salem Zoning Board of Appeals ;"
The petition of JORDAN RYAN D/B/A 6 MARCH STREET, LLC at 170 NORTH STREET (Map 27, Lot
0215) (112 Zoning District; Entry Corridor Overlay District) for a Variance per Section 4.1.1
Dimensional Requirements and a Special Permit per Section 3.3.2 Nonconforming Uses of the
Salem Zoning Ordinance to change from a nonconforming five-unit multifamily use to a
nonconforming eight-unit multifamily use. The Variance would allow a decrease from 4,704 to
2,940 square feet per dwelling unit where 7,500 square feet per dwelling unit is required.
On December 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 (Chair)was absent.
Statements of Fact:
1. In the petition date-stamped October 15, 2025, the petitioner requested a Variance per
Section 4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance.
2. Alvaro Nunes,Trustee,owns 170 North Street.Jordan Ryan d/b/a 6 March Street,LLC was
the petitioner. Attorney William F. Quinn and architect Sanir Lutfija presented on
December 17, 2025.
3. 170 North Street is in the R2 Zoning District and Entry Corridor Overlay District (ECOD)
(Map 27, Lot 0215).
4. On December 17, 2025, Mr. Quinn presented plans to create three (3) housing units on
the property.
5. A violation letter dated July 10, 2025, stated that "the building is assessed as a lawful
nonconforming five (5)family dwelling located in the residential two-family district (R-2).
During our inspection it was also confirmed that there are eight (8) dwelling units in the
entire building including the basement. No permits or records exist that the other three
(3) dwelling units were created legally."
6. A violation notice dated January 9, 2025, stated that "the units were created with no
Building, Health, Electrical, Plumbing/Gas, Fire permits or Zoning approval.The unit in the
basement is safety hazard with no emergency egress window (...), exposed electrical
wires,plumbing pipes and sewer pipes leaking into the kitchen area, no carbon monoxide
City of Salem Zoning Board of Appeals
December 31, 2025
Page 2 of 4
or smoke detectors (...), locked egress doors (...), [and] flammable containers inside the
building."
7 The proposal provided a Floor Plan and Egress Plan, dated December 5, 2025,showing an
807-square-foot basement unit, a 339-square-foot first-floor unit, and a 298-square-foot
second-floor unit.The submitted plans provided two means of egress for each unit. Each
unit, if approved by the Board, would need to comply with all City and State codes to
receive a Certificate of Occupancy from the Department of Inspectional Services.
8. The City received zero (0) public comments on the proposal before the December 17,
2025 public hearing. One (1) member of the public commented on the proposal at the
public hearing. The member who offered a comment at the hearing was Joseph Gagnon
(no address provided).
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:
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 Applicant owns a uniquely large and uniquely shaped lot. The structure is older and
larger than other structures in the same district, having been constructed around 1850
with approximately 5,709 square feet of floor space.
2. Literal enforcement of the provisions of the Ordinance involves substantial hardship to
the Applicant in attempting to put the property to productive use.The Applicant would
be unable to maintain the existing structure and finance the required improvements
without the requested relief.
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 Applicant proposes three additional housing units, increasing the
City's amenities. The proposal does not increase the existing residential structure's
footprint. The proposed units provide unique housing options for smaller households
while providing income to conserve the building.
Special Permit Findings:
The Board finds that change or extension of the use will not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
1. Community needs are served by the proposal. The proposal creates three (3) additional
housing units.
City of Salem Zoning Board of Appeals
December 31, 2025
Page 3of4
2. The proposal has a negligible impact on traffic flow and safety.The Applicant provided a
plot plan showing eighteen (18) parking spaces where zero (0) are required.
3. The proposal has positive impacts on utilities and other public services. The proposal
would improve the structure's existing utilities and other public services by constructing
code-compliant units.
4. The proposal has minimal impacts on neighborhood character. The structure's footprint
will not change, and the egress windows will minimally change the building's exterior.
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.
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 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 (5) in favor, (Hannah Osthoff (Acting Chair), Peter Habib, Christa McGaha, Stephen Larrick,
and Ellen Simpson) and zero (0)opposed,to grant JORDAN RYAN D/B/A 6 MARCH STREET. LLC at
170 NORTH STREET (Map 27, Lot 0215) (112 Zoning District; Entry Corridor Overlay District) a
Variance per Section 4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance to change from a nonconforming five-unit
multifamily use to a nonconforming eight-unit multifamily use.The Variance will allow a decrease
from 4,704 to 2,940 square feet per dwelling unit where 7,500 square feet per dwelling unit is
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. 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
City of Salem Zoning Board of Appeals
December 31, 2025
Page 4 of 4
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.
, #a.nnafi
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
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.
Date JAN 2 0 2026
hereby certify that 20 days have
expired from the r 4,}t_ {s instrument
was recei��F d, and .I :.. NO APPEAL
has been filed'n t`iIs office.
A True Copy ",, L—t-5,
ATTEST: CITY CLERK, Salem, Mass.