61 Salem Street ZBA Certified Decision coWlrg4
4.
CITY OF SALEM
ZONING BOARD OF APPEALS
NEI
DOMINICK PANGALLO CITY HALL ANNEX 2ND FLOOR,98 WASHINGTON STREET,SALEM MA 01970
r,a
MAYOR 12
3
September 8, 2026 µ '
Decision
City of Salem Zoning Board of Appeals
The petition of ROBERT CABRERA at 61 SALEM STREET (Map 34, Lot 0151) (R3 Zoning Distri2 ,
Coastal Resiliency Overlay District)for a Variance per Section 3.2.8(4.n)Accessory Dwelling Units
(ADUs) and a finding per Section 3.2.8(4.k)ADUs of the Salem Zoning Ordinance to construct a
nineteen-foot-tall ADU with a two-story staircase located 0.1 feet from the side property line on
a nonconforming lot.
On August 19, 2026,the following members of the Salem Zoning Board of Appeals were present:
Nina Vyedin (Chair), Ellen Simpson, Peter Habib, Elena Eimert,Stephen Larrick,and Hilary Forbes.
Christa McGaha was absent.
Statements of Fact:
1. In the petition submitted on May 14, 2026, and date-stamped on July 16, 2026, the
petitioner requests Variances per Section 3.2.8(4.n) and 3.2.8(4.q) Accessory Dwelling
Units(ADUs)of the Salem Zoning Ordinance,and is amended with the Applicant's consent
on May 19, 2026, to request a finding per Section 3.2.8(4.k) ADUs of the Salem Zoning
Ordinance. The petition was amended with the Applicant's consent on August 19, 2026,
to remove the request for a Variance per Section 3.2.8(4.q) ADUs of the Salem Zoning
Ordinance.
2. Robert Cabrera owns 61 Salem Street and is the petitioner. Attorney Ryan Carlucci is the
representative, presenting on August 19, 2026.
3. 61 Salem Street (Map 34, Lot 0151) is in the R3 Zoning District, Coastal Resiliency Overlay
District (C-ROD), and Flood Hazard Overlay District (FHOD).
4. The dimensional table on the stamped plot plan dated July 22, 2026, by Scott M. Cerrano,
states that the southern side setback increases from 0.3 feet over the property line (zero
feet) to five feet, while the northern side setback decreases to 0.1 feet.The rear setback
increases from 2.3 feet to five feet.
5. The elevation and floor plan dated February 8, 2024, by Flow Design Architects, shows
that the existing three-car garage becomes a two-car garage, with a staircase accessing a
second-story ADU.
City of Salem Zoning Board of Appeals
September 8, 2026
Page 2 of 4
6. According to statements from Mr. Carlucci at the August 19, 2026 meeting,the principal
dwelling unit's gross floor area, including the area for its exclusive use in the basement,
is 1,700 square feet, while the proposed ADU is 620 square feet.
7. The City receives zero public comments before or at the August 19, 2026 hearing.
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. Literal enforcement of
the Zoning Ordinance's provisions would deny reasonable egress to and from a proposed
protected use ADU.
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 creation of a protected
use ADU while bringing the property's existing garage into better compliance with the
Ordinance's provisions.
3. The practical difficulty relates to soil conditions, shape, or topography of such land or
structures. The lot's long, narrow shape restricts the buildable area for an ADU on the lot.
4. Strict enforcement will impose a financial hardship on the Applicant. Literal enforcement of
the Ordinance's provisions would limit the Applicant's ability to finance continued property
maintenance and improvements.
Findings:
The Board finds that the accessory dwelling unit will not be substantially more detrimental than
the existing nonconforming structure to the neighborhood.
• The proposal serves community needs by adding an additional housing unit to the City.
City of Salem Zoning Board of Appeals
September 8, 2026
Page 3 of 4
• The proposal has a negligible impact on traffic flow and safety, as the proposal maintains
all existing exit and entry ways, while providing adequate means of egress for the
protected use ADU.
• The proposal has minimal impacts on the natural environment, including greenhouse gas
emissions and views, as the proposal does not significantly change the existing garage's
size, while incorporating a compact design without north-facing windows.
• The proposal has a positive potential economic and fiscal impact by increasing 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, (Nina Vyedin (Chair), Ellen Simpson, Peter Habib, Elena Eimert, and Stephen
Larrick), and zero opposed, to grant ROBERT CABRERA at 61 SALEM STREET(Map 34, Lot 0151)
(113 Zoning District; Coastal Resiliency Overlay District)a Variance per Section 3.2.8(4.n)Accessory
Dwelling Units (ADUs) and a finding per Section 3.2.8(4.k)ADUs of the Salem Zoning Ordinance
to construct a nineteen-foot-tall ADU with a two-story staircase located 0.1 feet from the side
property line on a nonconforming lot.
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. Petitioner is to obtain approval from any city board or commission having jurisdiction
including, but not limited to, the Planning Board.
8. 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.
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
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.
City of Salem Zoning Board of Appeals
September 8, 2026
Page 4 of 4
11. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, prior to project completion and a final inspection upon project completion.
Ellen Simpson, 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 S P 2 9 2026
I 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
L
ATTEST. CITY CLERK, lem, Mass.