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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.