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
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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.