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102 Margin 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 April 27, 2026 Decision City of Salem Zoning Board of Appeals The petition of RAY QUEZADA at 102 MARGIN STREET (Map 25, Lot 0644) (R2 Zoning District) for Variances per Section 4.1.1 Dimensional Requirements and Section 5.1.8 Required Parking, and a Special Permit per Section 3.3.5 Single- and Two-Family Residences of the Salem Zoning Ordinance. The proposal requests a rear addition and staircase within the property’s side and rear setbacks (Section 3.3.5), a lot area per dwelling unit of 1,283 square feet (Section 4.1.1), and two parking spaces where three are required (Section 5.1.8). On March 18, 2026, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Christa McGaha, Hannah Osthoff, Peter Habib, Elena Eimert, and Ellen Simpson. Stephen Larrick was absent. On April 15, 2026, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Christa McGaha, Peter Habib, Elena Eimert, and Ellen Simpson. Hannah Osthoff and Stephen Larrick were absent. Statements of Fact: 1. In the petition date-stamped January 14, 2026, the petitioner requests to construct a staircase to a second unit within the property’s required side and rear setbacks. 2. The original filing on January 14, 2026, was amended with the Applicant’s consent to include a Variance request per Section 4.1.1 Dimensional requirements and a Special Permit request per Section 3.3.5 Nonconforming Single- and Two-Family Residences of the Salem Zoning Ordinance. The application was further readvertised with the Applicant’s consent to include a Variance request per Section 5.1.8 Required Parking of the Salem Zoning Ordinance. 3. Ray Quezada owns 102 Margin Street and was the petitioner, presenting on March 18, 2026. 4. 102 Margin Street is in the R2 Zoning District (Map 25, Lot 0644). 5. A stamped plot plan by Civil Environmental Consultants dated March 12, 2026, shows three parking spaces located along the property’s southern side lot line. The stamped plot plan does not show the location of the proposed staircase. City of Salem Zoning Board of Appeals April 27, 2026 Page 2 of 5 6. On March 18, 2026, Mr. Quezada presented plans to construct a second-floor addition and staircase, creating a two-family house. At the meeting, Mr. Quezada submits an updated stamped plot plan dated March 12, 2026, by Civil Environmental Consultants showing two nine-foot by nineteen-foot parking spaces. 7. The City receives zero new public comments on the proposal before or at the March 18, 2026 public hearing. 8. The Board requests that the petition be continued to the April 15, 2026 meeting to allow the Applicant to provide updated application materials and readvertise the petition. The Board requested the following updates: 1) A readvertised petition reflecting a request for two parking spaces. 2) A revised stamped plot plan showing the staircase’s proposed location alongside existing and proposed property dimensions. 3) Submission of a statement of grounds and a statement of hardship. 9. On March 30, 2026, the City of Salem distributes updated notice of hearing postcards to parties in interest per M.G.L. Chapter 40A, Section 11, advertising “a rear addition and staircase within the property’s side and rear setbacks (Section 3.3.5), a lot area per dwelling unit of 1,283 square feet (Section 4.1.1), and two parking spaces where three are required (Section 5.1.8).” The Salem News legal advertisement publicizes the same relief for the April 15, 2026 meeting. 10. On March 30, 2026, the Applicant submits a revised stamped plot plan by Civil Environmental Consultants dated March 27, 2026. The stamped plot plan shows a proposed egress stair located 1.9 feet from the side property line and two nine-foot by nineteen-foot parking spaces. The dimensional table states that the proposed distance from the side setback would be 2.7 feet. 11. On April 3, 2026, the Applicant submits a statement of hardship and statement of grounds to the Board. The Statement of Hardship states that: These limitations are not the result of actions of the Applicant, but inherent to the design and dimensions of the lot. (…) The requirement of three parking spaces is excessive given the physical limitations of the terrain, while the provision of two spaces represents a practical and consistent solution with similar properties in the area. 12. At the April 15, 2026 hearing, the Board requests a special condition requiring review and approval of a revised dimensional table to the Planning and Community Development Department showing a proposed side setback of 1.9 feet before receiving a building permit from the Inspectional Services Department. The petitioner consents to the proposed special condition. 13. The City receives zero new public comments on the proposal before or at the April 15, 2026 public hearing. City of Salem Zoning Board of Appeals April 27, 2026 Page 3 of 5 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 property’s rear is significantly narrower than along Margin Street. The existing structure occupies a significant portion of the property. 2. Literal enforcement of the provisions of the Ordinance involves substantial hardship to the Applicant in attempting to put the property to productive use. Literal enforcement of the Ordinance would prevent the Applicant from productively using the property by preventing an allowed two-family use with reasonable parking arrangements. 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 proposed two-family use is consistent with the R2 Zoning District’s density and parking regulations. The proposal is in character with the surrounding neighborhood’s design. The proposal provides an additional means of egress for an existing residential structure without unduly overcrowding the lot. 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 proposal creates an additional housing unit inside the City. 2. The proposal has a negligible impact on traffic flow and safety. The proposed staircase and rear addition do not affect parking on the site. 3. The proposal has negligible impacts on utilities and other public services. Adequate utilities already serve the structure. 4. The proposal has minimal impacts on neighborhood character. The structure’s footprint will not change, and the proposed staircase will minimally impact neighboring properties. The proposal is consistent with development in the surrounding neighborhood. 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 and requests the minimum relief necessary to meet the Applicant’s needs. 6. The proposal has a positive potential economic and fiscal impact, including impacts on the City’s services, tax base, and employment. The proposal will increase the property’s tax base while providing a temporary positive impact on City employment. City of Salem Zoning Board of Appeals April 27, 2026 Page 4 of 5 Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five in favor, (Christa McGaha, Peter Habib, Elena Eimert, Ellen Simpson, and Nina Vyedin (Chair)) and zero opposed, to grant Ray Quezada at 102 Margin Street (Map 25, Lot 0644) (R2 Zoning District) Variances per Section 4.1.1 Dimensional Requirements and Section 5.1.8 Required Parking, and a Special Permit per Section 3.3.5 Single- and Two-Family Residences of the Salem Zoning Ordinance. The proposal allows a rear addition and staircase within the property’s side and rear setbacks (Section 3.3.5), a lot area per dwelling unit of 1,283 square feet (Section 4.1.1), and two parking spaces where three are required (Section 5.1.8). 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. Standard Conditions: 1. The petitioner shall submit a revised dimensional table showing a proposed side setback of at least 1.9 feet for review and approval by the Department of Planning and Community Development before receiving a building permit from the Department of Inspectional Services. City of Salem Zoning Board of Appeals April 27, 2026 Page 5 of 5 __________________________ 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.