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95 Boston Street U2 ZBA Final Decision DOMINICK PANGALLO MAYOR CITY OF SALEM ZONING BOARD OF APPEALS CITY HALL ANNEX 2ND FLOOR, 98 WASHINGTON STREET SALEM MA 01970 December 31, 2025 Decision City of Salem Zoning Board of Appeals The petition of CHELSEA MCDONALD at 95 BOSTON STREET U2 (Map 15, Lot 0218) (R2 Zoning District; Entry Corridor Overlay District) for a Variance per Section 4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.5 Nonconforming Uses of the Salem Zoning Ordinance to construct a third-floor dormer on the west side of the house, creating a three-story house. The Variance allows an increase from 2.5 to three (3) stories while the Special Permit allows construction within the property’s required side setback. 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 20, 2025, the petitioner requested a Variance from Section 4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residences of the Salem Zoning Ordinance. 2. Chelsea McDonald owns 95 Boston Street U2 and was the petitioner. Luke Martini represented Chelsea McDonald, presenting on December 17, 2025. 3. 95 Boston Street U2 is in the R2 Zoning District and Entry Corridor Overlay District (ECOD) (Map 15, Lot 0218). 4. On December 17, 2025, Luke Martini presented plans to construct a dormer on the third floor of a two-family house, creating a third story. 5. Building Commissioner Stavroula Orfanos stated that the proposal created a third story by constructing a knee wall over two feet (2’) tall. 6. The City received zero (0) public comments on the proposal before the December 17, 2025 public hearing. Zero (0) members of the public commented on the proposal at the public hearing. 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: City of Salem Zoning Board of Appeals December 31, 2025 Page 2 of 3 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 small lot with a historic structure constructed in 1833. 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 Ordinance, if literally enforced, would not allow the Applicant to stand fully upright in the unit’s master bathroom. The proposal improves ventilation for the bathroom. 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 residential structure’s footprint. The proposal allows for reasonable use of a two-family structure in an R2 Zoning District. The proposal provides a low slope, flat roof that would not impact the property’s drainage or stormwater runoff. 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 Applicant is proposing a dormer that allows for functional use of the property’s bathroom. 2. The proposal has no impact on traffic flow and safety. 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 minimal impacts on neighborhood character. The structure’s footprint will not change. The proposal provides the minimum relief necessary to meet the Applicant’s needs. 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 while maintaining the neighborhood’s character and integrity. 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 CHELSEA MCDONALD at 95 BOSTON STREET U2 (Map 15, Lot 0218) (R2 Zoning District; Entry Corridor Overlay District) a Variance per Section 4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.5 Nonconforming Uses of the Salem Zoning Ordinance to construct a third-floor dormer on the west side of the house, City of Salem Zoning Board of Appeals December 31, 2025 Page 3 of 3 creating a three-story house. The Variance allows an increase from 2.5 to three (3) stories while the Special Permit allows construction within the property’s required side setback. 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. 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. 9. 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. 10. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. __________________________ 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.