25 Washington Square No 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 JEREMY SCHWARTZ & SHELBY SOLOFF at 25 WASHINGTON SQUARE NORTH (Map
35, Lot 0130) (R2 Zoning District) for a Variance per Section 5.1.8 Required Parking and a Special
Permit per Section 3.1.2 Special Permit of the Salem Zoning Ordinance to operate a bed and
breakfast with two on-site parking spaces where eight are required. The Special Permit would
allow the bed and breakfast use and would not include exterior structural changes.
A public hearing on the above petition was opened on February 11, 2026, pursuant to M.G.L Ch.
40A, § 11, was continued to March 18, 2026, and April 15, 2025, and was closed on April 15, 2026.
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.
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, and Ellen Simpson. Hannah Osthoff, Elena
Eimert, and Stephen Larrick were absent.
Statements of Fact:
1. In the petition date-stamped December 22, 2025, the petitioner requests a Variance per
Section 5.1.2 Location and a Special Permit per Section 3.1.2 Special Permit of the Salem
Zoning Ordinance. The petition was amended, with the Applicant’s consent, to request a
Variance per Section 5.1.8 Required Parking of the Salem Zoning Ordinance.
2. Gary Santo and Jennifer Santo own 25 Washington Square North. Jeremy Schwartz and
Shelby Soloff are the petitioners. Attorney William F. Quinn presents on February 11,
2025, March 18, 2026, and April 15, 2026. Jeremy Schwartz and Shelby Soloff present on
March 18, 2026, and April 15, 2026.
3. 25 Washington Square North is in the R2 Zoning District (Map 35, Lot 0130).
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April 27, 2026
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4. On January 22, 2026, the notice of hearing postcards sent to interested parties per M.G.L.
Chapter 40A, Section 11, state an incorrect address of “25 Washington Street North.”
5. On January 23, 2026, revised notice of hearing postcards were sent to parties in interest
that state the correct address of “25 Washington Square North.” A portion of the revised
notice of hearing postcards stated an incorrect meeting date of “July 16, 2025” instead of
“February 11, 2026.” The Salem News legal advertisement is correctly advertised for the
February 11, 2026 meeting.
6. On February 11, 2026, Mr. Quinn submits a revised statement of grounds and hardship,
requesting a Variance per Section 5.1.8 Required Parking of the Salem Zoning Ordinance.
7. On February 11, 2026, Mr. Quinn requests to continue to the March 18, 2026 meeting to
allow revised notice of hearing postcards to be sent to parties in interest.
8. The City receives zero public comments on the proposal before or at the February 11,
2026 public hearing.
9. At the February 11, 2026 meeting of the Zoning Board of Appeals, the Board votes five in
favor (Nina Vyedin (Chair), Christa McGaha, Hannah Osthoff, Peter Habib, and Stephen
Larrick) and zero opposed to continue the hearing to the regular meeting scheduled on
March 18, 2026.
10. On March 3, 2026, the City of Salem distributes updated notice of hearing postcards to
parties in interest per M.G.L. Chapter 40A, Section 11.
11. On March 17, 2026, Mr. Quinn signs a project extension request form, extending the
deadline for the Board to act on the proposal to April 29, 2026.
12. On March 18, 2026, the Board requests to continue the petition to the April 15, 2026
meeting to allow for additional time to hear the petition. The petitioner and
representative consent to the continuance request.
13. The City receives one public comment on the proposal before the March 18, 2026 public
hearing. The public comment is from Councillor Andrew Smith (no address provided). Two
members of the public comment on the proposal at the public hearing. The members
offering comments at the hearing are: Toni D (no address provided); and Alex Magyar, 12
Winter Street.
14. At the March 18, 2026 meeting of the Zoning Board of Appeals, the Board votes five in
favor (Elena Eimert, Nina Vyedin (Chair), Christa McGaha, Hannah Osthoff, and Peter
Habib) and zero opposed to continue the hearing to the regular meeting scheduled on
April 15, 2026.
15. A stamped plot plan dated December 10, 2025, by the North Shore Survey Corporation,
shows two nine-by-nineteen parking spaces located in a garage along the property’s
northern setback. The application submittal notes two public parking garages, two public
parking lots, one peak season parking lot, and three private parking lots within a half mile
of the property.
16. At the April 15, 2026 hearing, the Board requests a special condition requiring the
allocation of at least three off-street parking spaces within a half mile of the property
between September 1 and November 15 as a condition for the bed and breakfast use.
The petitioner and the representative consent to the proposed special condition.
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April 27, 2026
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17. The City receives zero new public comments on the proposal before the April 15, 2026
meeting. One member of the public comments on the proposal at the public hearing. The
Comment is from Councillor Andrew Varela, 23 Cedarcrest Avenue.
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 uniquely small and uniquely shaped lot with a large building
covering approximately 43% 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. The property’s small
lot and large building eliminate the possibility of providing eight on-site parking spaces.
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 property’s location near the Salem Commuter Rail Station provides
adequate alternatives for customers to access the proposed bed and breakfast. The
proposal requests to provide off-site parking spaces, better meeting the Ordinance’s
parking requirements. The Variance requests the minimum required relief while
maintaining the neighborhood’s unique historic character.
Special Permit Findings:
The Board finds that the adverse effects of the proposed use will not outweigh its beneficial
impacts to the City or the neighborhood, in view of the particular characteristics of the site, and
of the proposal in relation to that site.
1. Community needs are served by the proposal. The proposal provides additional lodging
options for individuals visiting the City.
2. The proposal has a negligible impact on traffic flow and safety. The proposal provides
adequate parking for the proposed use.
3. The proposal has minimal impacts on utilities and other public services. Adequate utilities
already serve the property. The proposal creates minor interior changes by adding
bathrooms on the building’s second and third floors.
4. The proposal has positive impacts on neighborhood character. The proposal encourages
reasonable use of a uniquely large single-family building. The property’s location is ideal
for a bed and breakfast use and is consistent with the neighborhood’s built environment
and character.
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April 27, 2026
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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 or exterior.
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 employing one to two part-time employees.
Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted
four in favor, (Nina Vyedin (Chair), Christa McGaha, Peter Habib, and Ellen Simpson) and zero
opposed, to grant Jeremy Schwartz & Shelby Soloff at 25 Washington Square North (Map 35, Lot
0130) (R2 Zoning District) a Variance per Section 5.1.8 Required Parking and a Special Permit per
Section 3.1.2 Special Permit of the Salem Zoning Ordinance to operate a bed and breakfast with
two on-site parking spaces where eight are required. The Special Permit will allow the bed and
breakfast use and does not include exterior structural changes.
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. 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.
10. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, prior to project completion and a final inspection upon project completion.
Special Conditions:
1. The petitioner shall provide documentation on an as-needed basis for review and
approval by the Department of Inspectional Services that demonstrates the applicant has
authority to use at least three off-street parking spaces within a half mile of the property
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April 27, 2026
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annually between September 1 and November 15. The bed and breakfast use shall be
contingent on providing at least three off-street parking spaces within a half mile of the
property annually between September 1 and November 15.
__________________________
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.