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99 Leach 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 March 31, 2026 Decision City of Salem Zoning Board of Appeals The petition of MICHAEL MEYER at 99 LEACH STREET (Map 33, Lot 0539) (R2 Zoning District; Coastal Resiliency Overlay District; Flood Hazard Overlay District) for a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to construct a 3.5-story, two-family house. The proposal requests a lot area per dwelling unit of 2,222 square feet where 7,500 is required, 3.5 stories where 2.5 stories are required, and a twenty-three-foot rear setback where thirty feet are required. A public hearing on the above petition was opened on December 17, 2025, pursuant to M.G.L Ch. 40A, § 11, was continued to January 21, 2026, February 11, 2026, and March 18, 2026, and was closed on March 18, 2026. On December 17, 2025, the following members of the Salem Zoning Board of Appeals were present: Hannah Osthoff (Acting Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson. Nina Vyedin (Chair) was absent. On January 21, 2026, the following members of the Salem Zoning Board of Appeals were present: Nina Vyedin (Chair), Hannah Osthoff (Vice Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson. 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. Statements of Fact: 1. In the petition date-stamped November 7, 2025, the petitioner requests a Variance from Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance. City of Salem Zoning Board of Appeals March 31, 2026 Page 2 of 5 2. Kenneth Steadman owns 99 Leach Street. Michael Meyer is the petitioner. Attorney Benjamin Fierro is the representative, presenting on December 17, 2025, January 21, 2026, February 11, 2026, and March 18, 2026. Bob Griffin, principal engineer with Griffin Engineering Group, LLC, presents on January 21, 2026, and March 18, 2026. Sanir Lutfija, architect with Seger Architects, presents on January 21, 2026, and March 18, 2026. 3. 99 Leach Street is in the R2 Zoning District, Coastal Resiliency Overlay District (C-ROD), and Flood Hazard Overlay District (FHOD) (Map 33, Lot 0539). 4. The existing conditions plan stamped October 23, 2025, by Griffin Engineering Group, LLC, states that per the property’s deed (Book 37256, Page 593), the property’s depth is seventy feet and the property’s width is forty-five feet. The plan states that, past the deed’s stated depth of seventy feet, there is an additional 26.7 feet of depth along the northwest property line. 5. The proposed site plan stamped November 17, 2025, by Griffin Engineering Group, LLC, requests to demolish a rear garage located 0.8 feet from the rear property line, constructing a two-family structure 23.9 feet from the rear property line. 6. On December 17, 2025, Mr. Fierro requests to continue the petition to January 21, 2026. 7. The City receives two public comments on the proposal before the December 17, 2025 public hearing. The public comments are from Louis Morin, 6 Glover Street; and Roger E Marcorelle (no address provided). Four members of the public comment on the proposal at the December 17 public hearing. The members offering comments at the hearing are: James Comeau, 94 Leach Street; Louis Morin, 6 Glover Street; Declan Murtagh (no address provided); and Mark Durrenberger, 101 Leach Street. 8. At the December 17, 2025 meeting of the Zoning Board of Appeals, the Board votes five in favor (Hannah Osthoff (Acting Chair), Peter Habib, Christa McGaha, Stephen Larrick, and Ellen Simpson) and zero opposed to continue the hearing to the regular meeting scheduled on January 21, 2026. 9. On January 15, 2026, Mr. Fierro submits updated plot plans and elevation plans to the Board. The existing conditions plan and proposed site plan stamped January 15, 2026, by Griffin Engineering Group, LLC, shows two parking spaces dedicated to an easement recorded in the Southern Essex Registry of Deeds (Book 37360, Page 090). Both plans move the two-family structure’s location southwest, changing the rear setback relief from 23.9 feet to 5.9 feet where thirty feet are required by the Salem Zoning Ordinance. The updated elevation plan revises the proposed house’s design without changing the location of the side walls. 10. On January 20, 2026, Board Member Nina Vyedin, who was absent at the December 17, 2025 hearing, signs an affidavit of service per M.G.L., Chapter 39, Section 23D certifying that she examined all evidence on 99 Leach Street including an audio recording of the missed session. 11. On January 21, 2026, Mr. Fierro presents plans to construct a 3.5-story, two-family structure. The proposal shows a design with a finished floor elevation of nineteen feet, where the maximum C-ROD 2070 one-percent chance flood elevation is 15.3 feet. The FEMA VE Zone flood elevation is thirteen feet, and the FEMA AE Zone flood elevation is ten feet. City of Salem Zoning Board of Appeals March 31, 2026 Page 3 of 5 12. The City receives six new public comments and two revised public comments on the proposal before the January 21, 2026 public hearing. The public comments are from Carl Lavoie and Ellen Lavoie, 8 Clover Street; James Comeau, 94 Leach Street; John Spinale (no address provided), Louis Morin, 6 Glover Street; Louise Lausier, 7 Glover Street; Matthew Harnois, 4 Glover Street; Paula Innis, 87 Leach Street; and Roger E Marcorelle (no address provided). Eleven members of the public comment on the proposal at the public hearing. The members offering comments at the hearing are: Declan Murtagh, 97 Leach Street; Mark Durrenberger, 101 Leach Street #2; Mike Cool and Carla Cook, 105 Leach Street; Liv Comeau, 94 Leach Street; James Comeau, 94 Leach Street; Jeff Cohen, 12 Hancock Street; Chris Morin, 6 Glover Street; M (no name provided), 4 Glover Street; Brian O’Shea, 4 Glover Street; Roger Lausier and Dale Lausier, 7 Glover Street; and Paula Innis, 87 Leach Street. 13. The Board requests that the petition be continued to the February 11, 2026 meeting to allow the Applicant to provide updated application materials. The Board requested the following materials at the February 11 meeting: 1) Revised plans reducing the proposed house’s detrimental neighborhood impacts. 2) Depiction of where excess snow, as well as trash and recycling receptacles, would be located on the property. The Board suggested the following revisions: a) Revised plans moving the house’s footprint closer to the road and 101 Leach Street; b) Revised plans reducing the curb cut size to preserve on-street parking; c) Revised plans reducing the number of parking spaces on the property, and; d) Revised plans reconfiguring the first floor’s layout for increased access to and from the property. 14. At the January 21, 2026 meeting of the Zoning Board of Appeals, the Board votes five in favor (Nina Vyedin (Chair), Hannah Osthoff, Peter Habib, Christa McGaha, and Ellen Simpson) and zero opposed to continue the hearing to the regular meeting scheduled on February 11, 2026. 15. On January 22, 2026, Mr. Fierro signs a project extension request form, extending the deadline for the Board to act on the proposal to March 18, 2026. 16. On February 11, 2026, Mr. Fierro requests to continue the petition to March 18, 2026, to provide additional time to submit revised application materials. 17. The City receives one new public comment on the proposal before the February 11, 2026 public hearing. The public comment is from Mark Durrenberger, 101 Leach Street #2, and Declan Murtagh, 97 Leach Street. Five members of the public comment on the proposal at the public hearing. The members offering comments at the hearing are: Councillor Lydia King, 4 Forest Avenue; James Comeau (no address provided); Liv Comeau (no address provided); Mark Durrenberger (no address provided); and Declan Murtagh, 97 Leach Street. City of Salem Zoning Board of Appeals March 31, 2026 Page 4 of 5 18. At the February 11, 2026 meeting of the Zoning Board of Appeals, the Board votes five in favor (Hannah Osthoff, Peter Habib, Ellen Simpson, Nina Vyedin (Chair), and Christa McGaha) and zero opposed to continue the hearing to the regular meeting scheduled on March 18, 2026. 19. On March 9, 2026, Mr. Fierro submits an updated proposed site plan and updated elevation plans to the Board. The proposed site plan stamped March 4, 2026, by Griffin Engineering Group, LLC, shows a two-family structure located twenty-three feet away from the rear setback. The site plan dated March 4, 2026, shows the location of snow storage and trash and recycling receptacles. Both plans depict a pervious paver driveway. The proposed house meets the Salem Zoning Ordinance’s side and front setback requirements. 20. On March 12, 2026, Mr. Fierro states over email that “I am told by my client's engineer that they haven't had the opportunity to dig test pits or install soil borings, and therefore don't have site-specific soil information to provide. Soil maps (…) indicate the locus is ‘Urban Land,’ which generally suggests site soils have been disturbed. The presence of two and three-story buildings in close proximity to the locus, the presently-existing garage, and nearby seawall suggest soil conditions can adequately support the proposed construction.” 21. According to statements from principal engineer Bob Griffin at the March 18, 2026 public hearing, the proposal decreases the amount of impervious surface on the property by approximately forty percent, from 2,341 square feet to 1,372 square feet. The proposal removes an existing garage and pad for the garage, with a pervious driveway and parking area. 22. The City receives one new public comment, two revised public comments, and one petition with nine signatures on the proposal before the March 18, 2026 public hearing. The public comments are from Bill Heney, 86 Dodge Street; Roger E Marcorelle (no address provided); and Mark Durrenberger; 101 Leach Street #2. Seven members of the public comment on the proposal at the public hearing. The members offering comments at the hearing are: Councillor Lydia King (no address provided); Declan Murtagh, 97 Leach Street; Bill Heney, 86 Dodge Street; Liv Comeau (no address provided); James Comeau (no address provided); Mark Durrenberger (no address provided); Louis Morin (no address provided). 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 does not meet the provisions of the City of Salem Zoning Ordinance: Variance Findings: 1. Special conditions and circumstances do not especially affect the land, building, or structure involved, generally not affecting other lands, buildings, and structures in the same district. No special conditions or circumstances regarding soil, shape, or topography City of Salem Zoning Board of Appeals March 31, 2026 Page 5 of 5 of the lot especially affect the land or structures involved. The property is flat with common soil conditions. The lot is similar in shape and size to many lots in the R2 Zoning District, Coastal Resilience Overlay District (C-ROD), and Flood Hazard Overlay District (FHOD). 2. Literal enforcement of the provisions of the Ordinance does not involve substantial hardship to the Applicant in attempting to put the property to productive use. The proposal induces a self-created hardship by using the property’s southwest parking easement as justification for proposing a structure not in compliance with the Salem Zoning Ordinance’s requirements. Financial hardship alone does not constitute a substantial hardship. 3. Desirable relief may not 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 lot's tightness, nearness to abutting buildings, closeness to floodways and a northern seawall, and southwest parking easement make the proposal detrimental to the public good. Access to the lot on a one-way, dead-end street would be severely restricted during flooding events, snowstorms, and fires. The proposal substantially derogates from the district’s intent by concurrently requesting minimum lot area per dwelling unit relief, height relief, and rear setback relief. The proposal does not indicate how vehicles parked on the property would enter and exit from the lot. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted two opposed (Hannah Osthoff, Peter Habib), and three in favor (Ellen Simpson, Nina Vyedin (Chair), and Christa McGaha), to grant MICHAEL MEYER at 99 LEACH STREET (Map 33, Lot 0539) (R2 Zoning District; Coastal Resiliency Overlay District; Flood Hazard Overlay District) a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to construct a 3.5- story, two-family house. The proposal requested a lot area per dwelling unit of 2,222 square feet where 7,500 is required, 3.5 stories where 2.5 stories are required, and a twenty-three-foot rear setback where thirty feet are required. __________________________ 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.