14 Gallows Hill Road ZBA Certified Decision CITY OF SALEM
ZONING BOARD OF APPEALS
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August 7, 2026
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City of Salem Zoning Board of Appeals :?
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The petition of CHARLES BARTON at 14 GALLOWS HILL ROAD (Map 15, Lot 0019) (131 Zoning
District) for a Variance per Section 4.1.1 Dimensional Requirements of the Salem Zoning
Ordinance to construct a one-story addition to an existing 2.5-story,single-family house,creating
a 3.5-story house.
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 30, 2026,the petitioner requests a Variance per Section
4.1.1 Dimensional Requirements of the Salem Zoning Ordinance.
2. Charles Barton owns 14 Gallows Hill Road and is the petitioner, presenting on July 29,
2026.
3. 14 Gallows Hill Road (Map 15, Lot 0019) is in the R1 Zoning District.
4. The stamped plot plan dated April 29, 2026, by Hancock Survey Associates, Inc., shows
that the proposed one-story addition is set back fourteen feet from the side (north)
property line, 15.9 feet from the side (south) property line, 21.4 feet from the front
property line, and over fifty feet from the rear property line. .
5. The elevation and floor plan dated April 28, 2026, by EAD Drafting Services, shows that
the structure's height, measured from the ground level to the peak of the roof, would
increase from twenty feet,ten inches,to thirty-three feet, seven inches.
6. The statement titled 'Statement in Support of Variance Relief,' submitted July 15, 2026,
states that:
The existing structure does not provide adequate living space to accommodate
both our immediate family and the future housing needs of my wife's elderly
mother. A primary objective of the proposed renovation is to create dedicated
main-floor living accommodations, including a larger bedroom and bathroom
located near the kitchen and primary living areas,allowing her to reside safely and
comfortably on a single level as she ages.
City of Salem Zoning Board of Appeals
August 7, 2026
Page 2 of 4
(...) A practical difficulty arises from the determination that the proposed
renovation would result in the structure being classified as a 3.5-story dwelling.
Based upon the appearance and development pattern of surrounding homes,
including several nearby properties that have undergone similar vertical
expansions, (...) [t]he resulting restriction limits the ability to adapt the home for
its intended residential use despite the fact that the project remains compliant
with other dimensional requirements and does not alter the existing footprint.
7. The City receives zero public comments before the July 29, 2026 hearing, and one
comment from Linda Murphy, 12 Gallows Hill Road, at the July 29, 2026 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
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's provisions forces the petitioner to make significant tradeoffs between
storage space and typical functions involved with a single-family use.
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 enables the Applicant to increase
the accessibility and functionality of an existing house without being a detriment to the
public health, safety, and welfare of the neighborhood. The proposal is within the
Ordinance's allowed height limit (in feet) while maintaining the structure's existing
setbacks.
City of Salem Zoning Board of Appeals
August 7, 2026
Page 3 of 4
3. Strict enforcement will impose a financial hardship on the Applicant. Strict enforcement
of the Ordinance would remove the Applicant's ability to accommodate the needs of an
aging family member feasibly.
Based on the above statements of fact and findings, the Salem Zoning Board of Appeals voted
four in favor, (Ellen Simpson, Elena Eimert, Hilary Forbes, and Christa McGaha (Acting Chair))
and one opposed (Peter Habib),to grant CHARLES BARTON at 14 GALLOWS HILL ROAD (Map 15,
Lot 0019) (R1 Zoning District)a Variance per Section 4.1.1 Dimensional Requirements of the Salem
Zoning Ordinance to construct a one-story addition to an existing 2.5-story, single-family house,
creating a 3.5-story house.
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.
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City of Salem Zoning Board of Appeals
August 7, 2026
Page 4 of 4
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
1 hereby certify that 20 days have
expired `torn the j ito � .s instrument
was rece vt-d and , ;; NO APPEAL
has been files ,n 'LNS .affice.
A True Copy f I 'k
ATTEST: Y�CLER�KK, Sqaq�lem,
Mass.