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278 Lafayette Street ZBA Certified Decision S O.E02SoEgX#M6�BRk:43513 Pg:086 Pg 1/3 eReco,ded ri CITY OF SALEM ZONING BOARD OF APPEALS AFC/F DOMINICK PANGALLO W CITY HALL ANNEX 2—FLOOR,98 ASHINGTON STREET,SALEM MA 01970 r� MAYOR j u.7 June 26, 2026 Decision City of Salem Zoning Board of Appeals The petition of ROBERT J. WILLWERTH, III at 278 LAFAYETTE STREET (Map 33, Lot 0369) f R3 Zoning District; Entrance Corridor Overlay District) for a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to add two dwelling units on a property with six existing dwelling units, decreasing the lot area per dwelling unit from 3,683 square feet to 2,762 square feet where 3,500 square feet per dwelling unit are required. On June 17, 2026, the following members of the Salem Zoning Board of Appeals were present: Hannah Osthoff, Peter Habib, Elena Eimert, Stephen Larrick, and Ellen Simpson (Acting Chair). Nina Vyedin and Christa McGaha were absent. Statements of Fact: 1. In the petition date-stamped May 14,2026,the petitioner requests a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance. 2. Robert J. Willwerth, III owns 278 Lafayette Street and is the petitioner. Attorney William F. Quinn is the representative, presenting on June 17, 2026. Sanir Lutfija, architect with Seger Architects, Inc., presents on June 17, 2026. 3. 278 Lafayette Street is in the R3 Zoning District and the Entrance Corridor Overlay District (ECOD) (Map 33, Lot 0369). 4. The proposed floor plan dated May 8, 2026, by Seger Architects, Inc.,shows one dwelling unit in the basement of a nonconforming five-unit multifamily structure, and another dwelling unit on the first floor of a nonconforming single-family carriage house. S. The stamped plot plan dated May 8, 2026, by the North Shore Survey Corporation, provides twelve parking spaces for eight proposed dwelling units. An existing bulkhead would be removed to create a new basement unit entrance. 6. The City receives one public comment on the proposal before the June 17, 2026 meeting from Niko Giallousis, 284 Lafayette Street. Zero members of the public comment on the proposal at the hearing. 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 City of Salem Zoning Board of Appeals June 26, 2026 Page 2of3 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 uniquely long and narrow lot contains two unusually large and spacious historic buildings. 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 application of the Ordinance's provisions would require the Applicant to maintain each building without sufficient income to support an otherwise reasonable and productive use. 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 adds two additional dwelling units to the property as an allowed use in the R3 Zoning District.The proposal maintains the lot's existing layout and appearance and is consistent with the neighborhood's character. Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted five in favor, (Peter Habib, Elena Eimert, Stephen Larrick, Ellen Simpson (Acting Chair), and Hannah Osthoff)and zero opposed,to grant ROBERT.I.WILLWERTH, III at 278 LAFAYETTE STREET (Map 33, Lot 0369) (113 Zoning District; Entrance Corridor Overlay District) a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning Ordinance to add two dwelling units on a property with six existing dwelling units, decreasing the lot area per dwelling unit from 3,683 square feet to 2,762 square feet where 3,500 square feet per dwelling unit are required. 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. 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 City of Salem Zoning Board of Appeals June 26, 2026 Page 3 of 3 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. 0s�jw ep 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. DatelLAI 20ZL hereby certify that 20 days have expired from the d th this instrument APPEAL was received, anda has been filed in "IS office. A True Copy ATTEST: CITY CLERK, Salem, Mass.