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34 Shore 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 June 3, 2026 Decision City of Salem Zoning Board of Appeals The petition of JACOB LEVINE at 34 SHORE AVENUE (Map 33, Lot 0664) (R1 Zoning District; Coastal Resiliency Overlay District) for a Variance per Section 4.1.1 Dimensional Requirements and a finding per Section 3.2.8 Accessory Dwelling Units (ADUs) of the Salem Zoning Ordinance to construct a second story addition, staircase, and deck to an existing garage located zero feet from a nonconforming lot’s side and rear property lines, resulting in a 2.5-story, twenty-four- foot-tall ADU. The proposal would increase the property’s lot coverage from twenty-eight percent to 33.1 percent. On May 20, 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 April 22, 2026, the petitioner requests a Variance from Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance. The petition was amended with the Applicant’s consent April 22, 2026, to request a finding per Section 3.2.8 ADUs of Salem Zoning Ordinance. 2. Sara Thatcher owns 34 Shore Avenue and presents on May 20, 2026. Jacob Levine, architect with SL Haus Group, is the petitioner and representative, presenting on May 20, 2026. 3. 34 Shore Avenue is in the R1 Zoning District, Coastal Resiliency Overlay District (C-ROD), and Flood Hazard Overlay District (FHOD) (Map 33, Lot 0664). 4. The stamped plot plan dated March 18, 2026, by EPS Associates, LLC, states that the proposed ADU, staircase, and deck would be “built on [the garage’s] existing footprint.” 5. At the May 20, 2026 hearing, the Board requests a special condition requiring the submission of a revised elevation plan removing the proposed three-foot by three-foot kitchenette window. The representative and property owner consent to the proposed special condition. 6. At the May 20, 2026 hearing, the Board requests a special condition requiring the submission of a revised elevation plan showing an at least six-foot-tall privacy screen City of Salem Zoning Board of Appeals June 3, 2026 Page 2 of 4 along the proposed deck’s eastern property line. The representative and property owner consent to the proposed special condition. 7. The City receives zero public comments on the proposal before the May 20, 2026 public hearing. One member of the public comments at the hearing: David Leblanc, 36 Shore 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 garage’s existing location on the property, alongside the cost considerations this condition creates, constrains the lot’s buildable area. 2. Literal enforcement of the provisions of the Ordinance involves substantial hardship to the Applicant in attempting to put the property to productive use. Literal enforcement of the Ordinance would prohibit the Applicant from reasonable productive use of the property by requiring the demolition of an existing structure and construction of an entirely new structure. 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 proposal increases the variety of housing options in the City. The ADU is constructed mostly inside the footprint of an existing garage, functionally independent from the neighboring garage’s structure. The proposed special conditions ensure that the proposal does not significantly impact views. Findings: The Board finds that the accessory dwelling unit will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.  The proposal serves community needs by constructing a new housing unit in the City.  The proposal does not change the property’s parking arrangement.  The proposal minimally impacts neighborhood character, largely because the ADU and structural supports are inside existing concrete masonry unit (CMU) walls.  The proposed ADU, alongside special conditions, largely maintains existing sight lines without substantially diminishing or interfering with the ADU’s quality of living.  The proposal increases the property’s tax base while providing a temporary positive impact on City employment. City of Salem Zoning Board of Appeals June 3, 2026 Page 3 of 4 Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five in favor, (Nina Vyedin (Chair), Christa McGaha, Hannah Osthoff, Peter Habib, and Elena Eimert) and zero opposed, to grant JACOB LEVINE at 34 SHORE AVENUE (Map 33, Lot 0664) (R1 Zoning District; Coastal Resiliency Overlay District) a Variance per Section 4.1.1 Dimensional Requirements and a finding per Section 3.2.8 Accessory Dwelling Units (ADUs) of the Salem Zoning Ordinance to construct a second story addition, staircase, and deck to an existing garage located zero feet from a nonconforming lot’s side and rear property lines, resulting in a 2.5-story, twenty- four-foot-tall ADU. The proposal would increase the property’s lot coverage from twenty-eight percent to 33.1 percent. 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. 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. 10. 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. 11. 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. 12. 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: City of Salem Zoning Board of Appeals June 3, 2026 Page 4 of 4 1. The petitioner shall revise submitted elevation plans dated March 10, 2026, by SL Haus Group, to remove the existing three-foot by three-foot window by the area labeled ‘kitchenette’ prior to receiving a building permit from the Inspectional Services Department. 2. The petitioner shall revise submitted elevation plans dated March 10, 2026, by SL Haus Group, to add an at least six-foot-tall privacy screen along the portion of the deck facing the eastern property line prior to receiving a building permit from the Inspectional Services Department. __________________________ 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.