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97 Boston 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 May 20, 2026 Decision City of Salem Zoning Board of Appeals The petition of BARBARA BROWN at 97 BOSTON STREET (Map 15, Lot 0217) (R2 Zoning District; Entrance Corridor Overlay District) for a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from a nonconforming medical training and certification use to a pet grooming and daycare use. The proposal maintains the building’s existing footprint while creating a fenced area at the rear of the property for a pet playground. 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 18, 2026, the petitioner requests a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance. 2. Di Sieu Lam and Tuyen Ngoc Lam own 97 Boston Street. Barbara Brown is the petitioner, presenting on May 6, 2026. 3. 97 Boston Street is in the R2 Zoning District and Entrance Corridor Overlay District (ECOD; Map 15, Lot 0217). 4. A Zoning Board of Appeals decision dated March 29, 1971, permitted the “alteration and modernization of the first floor of an existing two family wooden structure into a glassed store front at 97 Boston Street and a Special Permit to occupy these premises for display and sale of aluminum door and window projects.” The decision stated the following: Recent changes in the Zoning Ordinance rezoned the Boston Street premises from a business to a two-family zone while adjacent properties remain zoned for business; petitioner has conducted his business in the Boston Street area for some time and is established there, and would prefer to continue operating in this locale (…) 5. A Zoning Board of Appeals decision dated January 29, 2014, permitted a change from one nonconforming use to another nonconforming use to “operate a nail salon business on the second floor of the property located at 97 Boston Street.” City of Salem Zoning Board of Appeals May 20, 2026 Page 2 of 3 6. When Seconds Count, the nonconforming use on the first floor of 97 Boston Street, listed 97 Boston Street as its address on its website until November 16, 2025. 7. An Annual Report filed with the Corporations Division of the Massachusetts Office of the Secretary of State by When Seconds Count, Inc. on January 8, 2025, for the fiscal year ending December 31, 2024, indicates that the corporation’s principal office was 97 Boston Street. 8. On May 5, 2026, the Applicant submitted a Business Certificate for D&T Nails, dated September 6, 2023, that expires on September 6, 2027. 9. According to statements from Ms. Brown at the May 6, 2026 public hearing, the proposal would dedicate the western half of the rear parking area for the proposed pet grooming and daycare use. The proposal would place a fence around the southern half of this dedicated space while reserving the northern half for the dog grooming business’s parking. The proposed use would operate inside the first floor. 10. The City received six public comments on the proposal before the May 6, 2026 public hearing. The public comments are from Alejandra Baralt, 4 Hanson Street; Emmanuel Steiner, 38 Putnam Street; Iliana Figueroa, 8 Hanson Street; Joel Gonzales, 6 Hanson Street; Jose Alvarez, 2 Nichols Street; and Rosalba Quenguan, 8 Hanson Street. Five members of the public comment on the proposal at the May 6, 2026 public hearing. The members offering comments at the hearing are: Manny Steiner, 38 Putnam Street; Jerry Ryan, 11 Locus Street; Lisa Croteau, 38 Putnam Street; Pam Ryan, 11 Locus Street; and Patricia Chelsey, 4 Nichols Street. 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: Special Permit Findings: The Board finds that change or extension of the use will be substantially more detrimental than the existing nonconforming use to the neighborhood and that the new proposed use is more detrimental than the existing nonconforming use. 1. The proposal, while fulfilling community needs by accommodating a pet grooming business, does not serve a more crucial need than the existing nonconforming use. 2. The proposal has a negative impact on traffic flow and safety. The Applicant proposes to remove existing parking spaces to accommodate the pet daycare use. The proposal did not submit a plan showing the pet playground’s dimensions. 3. The proposal has negligible impacts on utilities and other public services. Adequate utilities and other public services already serve the structure. 4. The proposal would negatively impact the neighborhood character. The proposed use as a pet day care is not in line with the residential character of the surrounding neighborhood, and the location of the pet playground within the rear courtyard would City of Salem Zoning Board of Appeals May 20, 2026 Page 3 of 3 introduce significant noise to the neighboring residential properties. The approximately fifty-eight-foot-wide lot would not provide adequate space for a pet playground. 5. The proposal would negatively impact the natural environment with the introduction of additional greenhouse gas emissions, allergens, and potential excessive noise. The introduction of an open-air pet playground would introduce noise to the environment, which would be further exacerbated by the courtyard arrangement of the houses surrounding the property. 6. The proposal would have a neutral potential economic and fiscal impact, including impacts on the City’s services, tax base, and employment, compared to the existing nonconforming use. The proposal would continue use of the property at a similar intensity. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted zero in favor, and five opposed (Peter Habib, Elena Eimert, Ellen Simpson, Christa McGaha (Acting Chair), and Hannah Osthoff), to grant BARBARA BROWN at 97 BOSTON STREET (Map 15, Lot 0217) (R2 Zoning District; Entrance Corridor Overlay District) a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from a nonconforming medical training and certification use to a pet grooming and daycare use. The proposal maintains the building’s existing footprint while creating a fenced area at the rear of the property for a pet playground. __________________________ 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.