Loading...
10 Ropes Street ZBA Final Decision DOMINICK PANGALLO MAYOR CITY OF SALEM ZONING BOARD OF APPEALS CITY HALL ANNEX 2ND FLOOR, 98 WASHINGTON STREET SALEM MA 01970 February 2, 2026 Decision City of Salem Zoning Board of Appeals The petition of ERIC M. EASLEY D/B/A CIRE REALTY TRUST at 10 ROPES STREET (Map 34, Lot 0294) (R3 Zoning District) for a Variance per Section 4.1.1 Dimensional Requirements and a Finding per Section 3.2.8 Accessory Dwelling Units (ADUs) of the Salem Zoning Ordinance to add an ADU to a nonconforming five-unit building and construct two three-story staircases. The Variance would allow an increase from 49.6% to 51.4% lot coverage and a rear setback decrease from nine feet to six feet. On January 21, 2026, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Hannah Osthoff, Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson. Statements of Fact: 1. In the petition date-stamped November 19, 2025, the petitioner requested a Variance per Section 4.1.1 Dimensional Requirements and a Finding per Section 3.2.8 Accessory Dwelling Units (ADUs) of the Salem Zoning Ordinance. 2. Eric M. Easley d/b/a Cire Realty Trust owns 10 Ropes Street and was the petitioner. Attorney William F. Quinn and Eric M. Easley presented on January 21, 2026. 3. 10 Ropes Street is in the R3 Zoning District (Map 34, Lot 0294). 4. On January 21, 2026, Mr. Quinn stated that the building was constructed 110 years ago on a small lot. He noted that the multifamily structure was a three-story, flat-roof building. 5. The Affordable Homes Act of 2024 authorizes the Executive Office of Housing and Livable Communities to establish rules and standards for administering the Act. Regulation 760 CMR 71.03 (2.d.) Unit Caps & Density states that “protected use ADUs shall not be counted in any density calculations.” 6. The proposal decreased the property’s lot area per dwelling unit from 597 to 497 square feet per dwelling unit. The Board determined that relief for the protected use ADU’s density calculations under Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance was not required. The Applicant consented to remove the lot area per dwelling unit request from the proposal. City of Salem Zoning Board of Appeals February 2, 2026 Page 2 of 4 7. The City received zero public comments on the proposal before the January 21, 2026 public hearing. Two members of the public commented on the proposal at the public hearing. The members who offered comments at the hearing were: Jeff Cohen, 12 Hancock Street; Ana Nuncio, 20 Winter Street. 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 large structure on a small lot, requiring dimensional relief for external property changes. 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 provide a safe means of egress for the existing five-unit building and the allowed ADU 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 an ADU that would increase the variety of housing amenities for the City of Salem. The proposal allows for a safe means of egress while preventing undue overcrowding of the lot. Findings: The Board finds that the reconstruction, extension, alteration, or change for the ADU will not be substantially more detrimental than the existing nonconforming structure to the neighborhood for the following reasons:  The proposal creates an additional, naturally affordable housing unit in the City of Salem.  The proposal does not change the location or number of parking spaces on the property.  The addition of an ADU does not change the structure’s footprint or location.  The proposal will increase the property’s tax base and value while providing the owner with additional income to maintain the existing building. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five in favor, (Nina Vyedin (Chair), Hannah Osthoff, Peter Habib, Christa McGaha, and Stephen Larrick) and zero opposed, to grant ERIC M. EASLEY D/B/A CIRE REALTY TRUST at 10 ROPES STREET (Map 34, Lot 0294) (R3 Zoning District) a Variance per Section 4.1.1 Dimensional Requirements and a Finding per Section 3.2.8 Accessory Dwelling Units (ADUs) of the Salem City of Salem Zoning Board of Appeals February 2, 2026 Page 3 of 4 Zoning Ordinance to add an ADU to a nonconforming five-unit building and construct two three- story staircases. The Variance will allow an increase from 49.6% to 51.4% lot coverage and a rear setback decrease from nine feet to six feet. 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. Petitioner is to obtain approval from any city board or commission having jurisdiction including, but not limited to, the Planning Board. 9. 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. 10. 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. 11. 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. 12. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. __________________________ Nina Vyedin, Chair Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. City of Salem Zoning Board of Appeals February 2, 2026 Page 4 of 4 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.