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.