35 Irving Street ZBA Certified Decision SO.ESSEX#58 Bk:43513 Pg:092
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eRecorded
A CITY OF SALEM
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CITY HALL ANNEX 2—FLOOR,98 WASHINGTON STREET,SALEM MA 019V
DOMINICKPANGALLO
MAYOR
June 26, 2026
Decision
City of Salem Zoning Board of Appeals
The petition of SCOTT MYERS at 35 IRVING STREET (Map 16, Lot 0273) (111 Zoning District) for a
Special Permit per Section 3.3.5 Nonconforming Single-and Two-Family Residences of the Salem
Zoning Ordinance to reconstruct a nonconforming single-family house's front staircase and
construct a two-story rear addition. The proposal would increase the property's front setback
from zero feet to two feet, where fifteen feet are required, and construct a rear addition 6.5 feet
from the side property line, where ten feet 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 19, 2026,the petitioner requests a Special Permit per
Section 3.3.5 Nonconforming Structures of the Salem Zoning Ordinance.
2. Scott Myers owns 35 Irving Street and is the petitioner. Attorney William F. Quinn is the
representative, presenting on June 17, 2026. Rai Ramirez and Darguin Fortuna, architects
with Flow Design Architects, present on June 17, 2026.
3. 35 Irving Street is in the R1 Zoning District(Map 16, Lot 0273).
4. The stamped plot plan dated May 12, 2026, by the North Shore Survey Corporation,
shows that the existing nonconforming single-family house's side setback would remain
at 4.7 feet, and that the proposed rear addition would be set back approximately two feet
from the existing structure's wall plane.
5. The City receives zero public comments on the proposal before the June 17, 2026 public
hearing. One member of the public comments on the proposal at the hearing: Cyntia
Nina-Soto, 66 Wilson 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 meets the provisions of the City of Salem Zoning
Ordinance:
City of Salem Zoning Board of Appeals
June 26, 2026
Page 2 of 3
Special Permit Findings:
1. Community needs are served by the proposal. The proposal creates a safer means of
access and egress for a nonconforming single-family house.
2. The proposal has a negligible impact on traffic flow and safety. The proposal does not
affect parking or driveway access to and from the property.
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 has positive impacts on neighborhood character. The proposal adds an
appropriately sized and architecturally distinct rear addition to an existing house.
5. The proposal has minimal impacts on the natural environment, including greenhouse gas
emissions and view. The proposal creates an addition that minimally increases the
structure's footprint.
6. The proposal has a positive potential economic and fiscal impact, including impacts on
the City's services, tax base, and employment. The proposal will increase the property's
tax base while providing a temporary positive impact on City employment.
Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted
five in favor, (Ellen Simpson (Acting Chair), Hannah Osthoff, Peter Habib, Elena Eimert, and
Stephen Larrick) and zero opposed, to grant SCOTT MYERS at 35 IRVING STREET (Map 16, Lot
0273) (111 Zoning District) a Special Permit per Section 3.3.5 Nonconforming Single- and Two-
Family Residences of the Salem Zoning Ordinance to reconstruct a nonconforming single-family
house's front staircase and construct a two-story rear addition. The proposal will increase the
property's front setback from zero feet to two feet,where fifteen feet are required,and construct
a rear addition 6.5 feet from the side property line, where ten feet 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
more than fifty percent (50%) of its replacement cost at the time of destruction. If the
City of Salem Zoning Board of Appeals
June 26, 2026
Page 3 of 3
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.
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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.
Date 111 17 707R
hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this office.
A True Cop i "� ,y ,.1 C
ATTEST CLERK, Salem, Mass. v