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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). City of Salem Zoning Board of Appeals April 27, 2026 Page 2 of 5 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. City of Salem Zoning Board of Appeals April 27, 2026 Page 3 of 5 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. City of Salem Zoning Board of Appeals April 27, 2026 Page 4 of 5 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 City of Salem Zoning Board of Appeals April 27, 2026 Page 5 of 5 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.