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40 Boston 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 25, 2026 Decision City of Salem Zoning Board of Appeals The petition of 40 BOSTON STREET LLC at 40 BOSTON STREET (Map 25, Lot 0059) (R2 Zoning District; Entrance Corridor Overlay District) for a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from a nonconforming print shop use to another nonconforming office use. On February 11, 2026, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Christa McGaha, Hannah Osthoff, Peter Habib, Elena Eimert, Stephen Larrick, and Ellen Simpson. Statements of Fact: 1. In the petition date-stamped December 22, 2025, the petitioner requested a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance. 2. 40 Boston Street LLC owns 40 Boston Street and was the petitioner. Attorney Kristin E. Kolick, Esq. presented on February 11, 2026. 3. 40 Boston Street is in the R2 Zoning District, Entrance Corridor Overlay District (ECOD), and Coastal Resilience Overlay District (C-ROD) (Map 25, Lot 0059). 4. On February 11, 2026, Ms. Kolick presented plans to convert a nonconforming print shop use to another nonconforming office use. 5. The brick building at 40 Boston Street is located along the corner of Federal Street and Boston Street. The building covers approximately eighty percent of the parcel, and the proposal does not change the building’s exterior footprint. No on-site parking exists, and the proposal provides no additional on-site parking. 6. The City received zero public comments on the proposal before the February 11, 2026 public hearing. Zero 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 February 25, 2026 Page 2 of 3 Special Permit Findings: 1. Community needs are served by the proposal. The proposal meets community needs for additional office space. 2. The proposal has a positive impact on traffic flow and safety. An office removes the former print shop’s need for loading space and has minimal parking needs. 3. The proposal has minimal impacts on utilities and other public services. 4. The proposal has minimal impacts on neighborhood character. The previous use as a print shop has similar neighborhood impacts as an office space. 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 the City’s services, tax base, and employment. The proposal maintains the building’s existing tax base and will have a positive impact on employment. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five in favor, (Nina Vyedin (Chair), Christa McGaha, Hannah Osthoff, Peter Habib, and Elena Eimert) and zero opposed, to grant 40 BOSTON STREET LLC at 40 BOSTON STREET (Map 25, Lot 0059) (R2 Zoning District; Entrance Corridor Overlay District) a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from a nonconforming print shop use to another nonconforming office use. 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 City of Salem Zoning Board of Appeals February 25, 2026 Page 3 of 3 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. 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.