46 Chestnut Street ZBA Certified Decision CITY OF SALEM
ZONING BOARD OF APPEALS
r-3
CITY HALL ANNEX 2ND FLOOR,98 WAS]JINGTON STREET,SALEM MA 01 t7'O
DOMINICK PANGALLO
MAYOR
i
August 7, 2026
Decision
City of Salem Zoning Board of Appeals ;
The petition of ELIZABETH BEVERLY & ROBERT BEVERLY at 46 CHESTNUT STREET (Map 25, Lot
0216) (R1 Zoning District) for a Special Permit per Section 3.3.5 Nonconforming Single-and Two-
Family Residential Structures of the Salem Zoning Ordinance to reconstruct a nonconforming
single-family house's rear porch and staircase, creating a single-story rear addition and staircase
five feet from the rear property line.
On July 15, 2026, the following members of the Salem Zoning Board of Appeals were present:
Nina Vyedin (Chair), Christa McGaha, Ellen Simpson, Peter Habib, Elena Eimert, and Stephen
Larrick.
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 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 on July 2, 2026, to request a six-month extension
to exercise rights granted by the Variance.
2. Elizabeth Beverly and Robert Beverly own 46 Chestnut Street and is the petitioner. Brian
N. LaBau is the representative, presenting on July 15, 2026, and July 29, 2026.
3. 46 Chestnut Street (Map 25, Lot 0216) is in the R1 Zoning District.
4. The stamped plot plan dated March 10, 2026, by the North Shore Survey Corporation,
states that the existing rear staircase is 5.1 feet from the rear property line, while the
proposed addition is five feet from the rear property line. The proposal increases the
property's lot coverage from 47.3% to 54.8%, where thirty-five percent lot coverage is
allowed in the R2 Zoning Districts.
5. On July 15, 2026,the Board requests to continue the petition to the July 29,2026 meeting
to allow for additional time to hear the petition. The petitioner consents to the
continuance request.
City of Salem Zoning Board of Appeals
August 7, 2026
Page 2of3
6. The City receives zero comments from members of the public before or at the July 15,
2026 meeting.
7. At the July 15, 2026 meeting of the Zoning Board of Appeals,the Board votes five in favor
(Ellen Simpson, Peter Habib, Elena Eimert, Nina Vyedin (Chair), and Christa McGaha), and
zero opposed to continue the hearing to the special meeting scheduled on July 29, 2026.
S. The City receives zero comments from members of the public before or at the July 29,
2026 meeting.
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:
Special Permit Findings:
The Board finds that the reconstruction, extension, alteration, or change will not be substantially
more detrimental than the existing nonconforming structure to the neighborhood.
1. Community needs are served by the proposal. The proposal increases the functionality
and livability of the house's rear portion.
2. The proposal has a negligible impact on traffic flow and safety. The proposal does not
significantly impact entry or exit from the property.
3. The proposal has positive impacts on utilities and other public services. Adequate utilities
and other public services already serve the structure.
4. The proposal has minimal impacts on neighborhood character.The proposed structure is
reasonably sized and similarly designed to other rear entries in the neighborhood.
5. The proposal has minimal impacts on the natural environment, including greenhouse gas
emissions and view. The proposal 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, (Elena Eimert, Stephen Larrick, Christa McGaha (Acting Chair), Ellen Simpson,and
Peter Habib) and zero opposed, to grant ELIZABETH BEVERLY & ROBERT BEVERLY at 46
CHESTNUT STREET (Map 25, Lot 0216) (131 Zoning District) a Special Permit per Section 3.3.5
Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to
reconstruct a nonconforming single-family house's rear porch and staircase, creating a single-
story rear addition and staircase five feet from the rear property line.
Standard Conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,codes and regulations.
City of Salem Zoning Board of Appeals
August 7, 2026
Page 3of3
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 Inspection is to be obtained.
7. Petitioner is to obtain approval from any city board or commission having jurisdiction
including, but not limited to,the Planning Board.
8. 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.
9. 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.
10. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, prior to project completion and a final inspection upon project completion.
CftAZc 5 a a/za�A
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 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 : AUG 2 8 2026
hereby certify that 20 days have
expired from the date this instrument
was rec.e:,u cH and that NO APPEAL
has bei r• fiie IIri this offic6.
A True C
ATTEST CITY CLERK, Salem, Mass.