15 Abbott Street ZBA Certified Decision 4
17.
1_ m CITY OF SALEM
ZONING BOARD ARD OF APPEALS
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CITY HALL ANNEX 2ND FLOOR,98 WASI IINGTON STREET,SALFM MA 01976'
DOMINICK PANGALLO �jra
MAYOR —
i ' 1
August 7, 2026
Decision
City of Salem Zoning Board of Appeals
The petition of ARSEN SHERAJ at 15 ABBOTT STREET(Map 15, Lot 0116) (R1 Zoning District)for a
Variance per Section 4.1.1 Dimensional Requirements and a Special Permit per 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance to change from a nonconforming two-family
use to a nonconforming three-family use and construct a third-floor dormer.The proposal would
increase the structure's height from 2.5 stories to three stories and decrease the lot area per
dwelling unit from 1,800 square feet to 1,200 square feet,where 15,000 square feet per dwelling
unit is required.
On July 29, 2026, the following members of the Salem Zoning Board of Appeals were present:
Christa McGaha (Acting Chair), Ellen Simpson, Peter Habib, Elena Eimert, Stephen Larrick, and
Hilary Forbes. Nina Vyedin (Chair) was absent.
Statements of Fact:
1. In the petition date-stamped June 17, 2026.,the petitioner requests a Variance per Section
4.1.1 Dimensional Requirements and a Special Permit per Section 3.3.2 Nonconforming
Uses of the Salem Zoning Ordinance.
2. Arsen Sheraj owns 15 Abbott Street and is the petitioner, presenting on July 29, 2026.
Attorney William F. Quinn is the representative, presenting on July 29, 2026.
3. 15 Abbott Street (Map 15, Lot 0116) is in the R1 Zoning District.
4. The elevation plan dated October 28, 2024, by Cornerstone Architects, Inc., shows that
the proposed third-floor dormer's roof line is the same height as the existing house. The
dormer is located on the house's south side.
5. The stamped plot plan dated September 13, 2023, and revised June 30, 2026, by David P.
Terenzoni, shows that the house's height would remain 28.8 feet tall, and the property's
total lot coverage would remain at 34.3%.
6. According to statements from Mr. Sheraj at the July 29, 2026 meeting, the proposed
dormer's construction coincides with a repair and remodeling of the existing structure.
7. The City receives one public comment from Suzanne Coiro, 17 Abbott Street, before the
July 29, 2026 hearing, and one comment from Suzanne Coiro, 17 Abbott Street,at the July
29, 2026 hearing.
City of Salem Zoning Board of Appeals
August 7, 2026
Page 2of4
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:
The Board finds that strict enforcement of the Ordinance or by-law will result in a practical
difficulty. In making its determination,the permit granting authority has weighed the benefits to
the appellant or petitioner and to the public interest, including the interest in supporting the
production of housing against the detriment to the public health, safety, and welfare of the
neighborhood, and may also consider:
• Whether the practical difficulty relates to soil conditions, shape, or topography of
such land or structures;
• Whether the strict enforcement would impose a financial hardship on the appellant
or petitioner;
• Whether the benefit sought by the appellant or petitioner can be achieved by some
other method feasible for the petitioner to achieve; and
• Whether the practical difficulty was self-created.
1. Strict enforcement of the Ordinance will result in a practical difficulty. Strict enforcement
of the Ordinance would force the Applicant to operate and maintain an over-hundred-
year-old two-family house with a large, but vacant, third floor space.
2. The proposal will bring benefits to the Applicant and to the public interest, including the
interest in supporting the production of housing against the detriment to public health,
safety,and welfare of the neighborhood.The proposal creates an additional housing unit
in the City without increasing the structure's lot coverage or footprint.The proposed size
and location of the building is consistent with buildings in the neighborhood.
3. Strict enforcement will impose a financial hardship on the Applicant. Strict enforcement
of the Ordinance would deny the Applicant income to fund building repairs and
maintenance.
4. The benefit sought by the Applicant cannot be achieved by some other method feasible
for the Applicant to achieve. The proposal maintains the north setback while keeping
existing open space on the property.
Special Permit Findings:
The Board finds that change or extension of the use will not be substantially more detrimental
than the existing nonconforming use to the neighborhood and that the new proposed use is less
detrimental than the existing nonconforming use.
City of Salem Zoning Board of Appeals
August 7, 2026
Page 3 of 4
1. Community needs are served by the proposal.The proposal creates an additional housing
unit for the City.
2. The proposal has a minimal impact on traffic flow and safety. No parking is required for
three-family structures in the City.
3. The proposal has positive impacts on utilities and other public services. The proposal
would improve the structure's existing utilities and other public services by enabling
substantial repairs to take place.
4. The proposal has minimal impacts on neighborhood character.The structure's height will
remain unchanged, and the dormer will be located away from the closest abutting lot.
5. The proposal has minimal impacts on the natural environment, including greenhouse gas
emissions and views. The proposal does not increase 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, (Christa McGaha (Acting Chair), Ellen Simpson, Peter Habib, Elena Eimert, and
Stephen Larrick) and zero opposed, to grant ARSEN SHERAJ at 15 ABBOTT STREET (Map 15, Lot
0116) (111 Zoning District) a Variance per Section 4.1.1 Dimensional Requirements and a Special
Permit per 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change from a
nonconforming two-family use to a nonconforming three-family use and construct a third-floor
dormer. The proposal will increase the structure's height from 2.5 stories to three stories and
decrease the lot area per dwelling unit from 1,800 square feet to 1,200 square feet,where 15,000
square feet per dwelling unit is 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
structure is demolished by any means to an extent of more than fifty percent (50%) of its
City of Salem Zoning Board of Appeals
August 7, 2026
Page 4of4
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.
CA4z,.s& Jl& ahal, r
Christa McGaha, Acting Chair
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 Massachusetts General Law Chapter
40A, Section 17, 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,
extension, modification, or renewal 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
AUG 2 8 2026
hereby certify that 20, daYs have
�ljstrunent
he �
expired from t ,..
APPEAL
was receiveu' ar`chis of{ice.
has been filed
S
A True Copy CLERK, alem, Mass.
ATTEST: