40 Boston Street ZBA Recorded Decision �0ND1 `
CITY OF SALEM
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ZONING BOARD OF APPEALS
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CITY HALL ANNEX 2ND FLOOR,98 WASHINGTON STREET,SALEM MA 01 Vl
DOMINICK PANGALLO a
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February 25, 2026
Decision CO
City of Salem Zoning Board of Appeals Cn
The petition of 40 BOSTON STREET LLC at 40 BOSTON STREET (Map 25, Lot 0059) (112 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:
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City of Salem Zoning Board of Appeals
February 25, 2026
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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) (112 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.
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Nina Vyedin,taAair
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 MAR 19 2026
I hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has beenAfilin this office.A True CopATTEST CLERK, Salem, Ma