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296 Highland Avenue ZBA Final Decision DOMINICK PANGALLO MAYOR CITY OF SALEM ZONING BOARD OF APPEALS CITY HALL ANNEX 2ND FLOOR, 98 WASHINGTON STREET SALEM MA 01970 May 20, 2026 Decision City of Salem Zoning Board of Appeals The petition of CARFIVE MOTORS LLC at 296 HIGHLAND AVENUE (Map 08, Lot 0029) (R1 and B2 Zoning Districts; Entrance Corridor Overlay District) for a Special Permit per Section 3.1.2 Special Permit of the Salem Zoning Ordinance to add a motor vehicle general repair and body work use to an existing automobile dealership use. A public hearing on the above petition was opened on April 15, 2026, pursuant to M.G.L Ch. 40A, § 11, was continued to May 6, 2026, and was closed on May 6, 2026. 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. On May 6, 2026, the following members of the Salem Zoning Board of Appeals were present: Christa McGaha (Acting Chair), Hannah Osthoff, Peter Habib, Elena Eimert, Stephen Larrick, and Ellen Simpson. Nina Vyedin (Chair) was absent. Statements of Fact: 1. In the petition date-stamped March 5, 2026, the petitioner requests a Special Permit from Section 3.1.4 Not Allowed of the Salem Zoning Ordinance. The petition was amended with the Applicant’s consent on March 23, 2026, to request a Special Permit per Section 3.1.2 Special Permit of the Salem Zoning Ordinance. 2. CarFive Realty LLC owns 296 Highland Avenue. CarFive Motors LLC is the petitioner. Attorney William F. Quinn is the representative, presenting on April 15, 2026, and May 6, 2026. Italo De Souza, CEO of CarFive Motors LLC, presents on May 6, 2026. 3. 296 Highland Avenue is in the R1 and B2 Zoning Districts, and the Entrance Corridor Overlay District (ECOD) (Map 08, Lot 0029). 4. The stamped plot plan dated March 17, 2026, by the North Shore Survey Corporation shows two curb cuts accessing Highland Avenue. The northern curb cut is twenty-one feet wide, and the southern curb cut is thirty-four feet wide. City of Salem Zoning Board of Appeals May 20, 2026 Page 2 of 4 5. On March 26, 2026, Mr. Quinn submits an email titled ‘Repairs and Body Work at 296 Highland Avenue’, stating that “all auto repair, bodywork, and painting” would be limited to the following hours:  Monday – Friday: 9:00 AM to 6:00 PM  Saturday: 9:00 AM to 2:00 PM  Sunday: Closed 6. On April 15, 2026, the Board requests to continue the petition to the May 6, 2026 meeting to allow for additional time to hear the petition. The petitioner consents to the continuance request. 7. The City receives one public comment on the proposal before the April 15, 2026 meeting. The public comment is from John Pero and Gloria Pero, 13 Orleans Avenue. Zero members of the public comment on the proposal at the April 15, 2026 hearing. 8. At the April 15, 2026 meeting of the Zoning Board of Appeals, the Board votes five in favor (Nina Vyedin (Chair), Christa McGaha, Peter Habib, Elena Eimert, and Ellen Simpson) and zero opposed to continue the hearing to the regular meeting scheduled on May 6, 2026. 9. On May 5, 2026, Board Member Stephen Larrick, who was absent at the April 15, 2026 hearing, signs an affidavit of service per M.G.L., Chapter 39, Section 23D certifying that he examined all evidence on 296 Highland Avenue including an audio recording of the missed session. 10. On May 6, 2026, Board Member Hannah Osthoff, who was absent at the April 15, 2026 hearing, signs an affidavit of service per M.G.L., Chapter 39, Section 23D certifying that she examined all evidence on 296 Highland Avenue including an audio recording of the missed session. 11. According to statements from Mr. Souza at the May 6, 2026 public hearing, the proposal decreases the number of cars displayed on the property from around fifty-six to fifty-eight cars to twenty-five cars. 12. At the May 6, 2026 hearing, the Board requests a special condition requiring the southern curb cut to comply with Entrance Corridor Overlay District (ECOD) requirements under Section 8.2.3 Requirements of the Salem Zoning Ordinance. The petitioner and the representative consent to the proposed special condition. 13. At the May 6, 2026 hearing, the Board requests a special condition requiring the petitioner to face lights adjacent to residential properties downwards as a condition for the general repair and body work use. The petitioner and the representative consent to the proposed special condition. 14. The City receives zero new comments on the proposal before or at the May 6, 2026 meeting. 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: City of Salem Zoning Board of Appeals May 20, 2026 Page 3 of 4 Special Permit Findings: 1. Community needs are served by the proposal. The proposal would allow the existing building to service and maintain vehicles in the Salem region. 2. The proposal has a positive impact on traffic flow and safety. The proposal decreases the size of an existing curb cut and will provide landscaping consistent with Entrance Corridor Overlay District (ECOD) requirements. The proposal increases site access by reducing the number of vehicles licensed to be sold on the property from approximately fifty-six to fifty-eight cars to twenty-five cars. 3. The proposal has a minimal impact on utilities and other public services. Adequate utilities and other public services already serve the structure. 4. The proposal has minimal impacts on neighborhood character. The Highland Avenue corridor is primarily commercial, and the proposal is located inside the B2 Zoning District. 5. The proposal has minimal impacts on the natural environment, including greenhouse gas emissions and views. The proposal, while increasing the number of uses on the property, upgrades existing amenities that reduce the overall impacts of each use. 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 positively impacting City employment. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five in favor, (Peter Habib, Elena Eimert, Ellen Simpson, Christa McGaha (Acting Chair), and Hannah Osthoff) and zero opposed, to grant CARFIVE MOTORS LLC at 296 HIGHLAND AVENUE (Map 08, Lot 0029) (R1 and B2 Zoning Districts; Entrance Corridor Overlay District) a Special Permit per Section 3.1.2 Special Permit of the Salem Zoning Ordinance to add a motor vehicle general repair and body work use to an existing automobile dealership 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. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection 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. 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. City of Salem Zoning Board of Appeals May 20, 2026 Page 4 of 4 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. 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. 11. Petitioner shall schedule Assessing Department inspections of the property, at least annually, prior to project completion and a final inspection upon project completion. Special Condition: 1. The petitioner shall reduce the southern curb cut on the plan dated March 17, 2026, by the North Shore Survey Corporation, to comply with Section 8.2.3 Requirements of the Salem Zoning Ordinance. 2. The petitioner shall face lights adjacent to residential properties downwards, to be reviewed on an as-needed basis by the Department of Inspectional Services. The motor vehicle general repair and body work use shall be contingent on the lights adjacent to residential properties being pointed downwards. __________________________ Hannah Osthoff, Secretary 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.