Zoning Board of Appeals
Regular MeetingSalem, MA · August 17, 2022
Minutes
City of Salem Zoning Board of Appeals
Meeting Minutes
August 17, 2022
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, August
17, 2022 at 6:30 pm via remote participation in accordance with a Special Act extending remote participation
meetings until March 31, 2023.
Chair Mike Duffy calls the meeting to order at 6:45 pm.
Chair Duffy explains how individuals can participate in the meeting remotely via Zoom, and that
instructions to participate remotely can also be found on the Salem website. Mr. Duffy also explains
the rules regarding public comment.
ROLL CALL
Those present were: Mike Duffy (Chair), Peter Copelas, and Carly McClain. Also in attendance were
Daniel Laroe – Staff Planner, Building Inspector Tom St. Pierre, and Jonathan Pinto – Recording
Clerk. Those absent were: Rosa Ordaz, Paul Viccica, and Steven Smalley
Chair Duffy notes there is not a quorum present, and therefore all matters will need to be continued
to the next regularly scheduled meeting of the Zoning Board of Appeals on September 21, 2022, as
without a quorum the Board cannot act on any matters substantively.
Mr. St. Pierre suggests continuing some of the petitions to the date scheduled for a special meeting
where Leefort Terrace is supposed to present. The date of the special meeting is September 14,
2022.
CONTINUANCES
Location: 1 and 2 Leefort Terrace (Map 41, Lot 242) (R2 Zoning District)
Applicant: BC Leefort Terrace Lane Communities, LLC
Project: A continuance of a public hearing for all persons interested in the petition of BC LEEFORT
TERRACE LANE COMMUNITIES, LLC at 1 LEEFORT TERRACE LANE(Map 41, Lot
249) and at 2 LEEFORT TERRACE LANE(Map 41, Lot 242) (R2 Zoning District), for a
Comprehensive Permit pursuant to M.G.L. Chapter 40B, to construct one hundred twenty-
four (124) new units, Fifty (50) of those units will be replacing the current units at Leefort
Terrace.
Documents and Exhibitions
• Application date-stamped April 11, 2022 and supporting documentation
Chair Duffy introduces the petition, and notes it will be continued to a special meeting of the
Zoning Board of Appeals to be held on September 14, 2022.
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City of Salem Zoning Board of Appeals
August 17, 2022 Meeting Minutes
Motion and Vote: Mr. Copelas motions to continue the petition of BC LEEFORT TERRACE LANE
COMMUNITIES, LLC at 1 LEEFORT TERRACE LANE(Map 41, Lot 249) and at 2 LEEFORT
TERRACE LANE(Map 41, Lot 242) (R2 Zoning District), for a Comprehensive Permit pursuant to M.G.L.
Chapter 40B, to construct one hundred twenty-four (124) new units, Fifty (50) of those units will be replacing
the current units at Leefort Terrace to a special meeting of the Zoning Board of Appeals on September 14,
2022.
Ms. McClain seconds the motion. The vote is three (3) in favor (Mike Duffy (Chair), Peter Copelas,
and Carly McClain) and none (0) opposed . The motion passes.
Location: 70 Proctor Street (Map 15, Lot 386) (R1 Zoning District)
Applicant: George Lambos
Project: A continuance of a public hearing for all persons interested in the petition of GEORGE
LAMBOS at 70 PROCTOR STREET(Map 15, Lot 386) (R1 Zoning District), for a
Special Permit per Section 3.3.5 Non-conforming Single- and Two-Family Residential
Structures of the Salem Zoning Ordinance to convert a two (2) family dwelling into a
three (3) family dwelling by constructing the third (3rd) dwelling in the basement.
Documents and Exhibitions
• Application date-stamped April 27, 2022 and supporting documentation
Chair Duffy introduces the petition and notes it will be continued to the next regularly scheduled
meeting.
Motion and Vote: Mr. Copelas motions to continue the petition of GEORGE LAMBOS at 70
PROCTOR STREET(Map 15, Lot 386) (R1 Zoning District), for a Special Permit per Section 3.3.5 Non-
conforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to convert a two
(2) family dwelling into a three (3) family dwelling by constructing the third (3rd) dwelling in the basemen, to
the next regularly scheduled meeting of the Zoning Board of Appeals on September 21, 2022.:
Ms. McClain seconds the motion. The vote is three (3) in favor (Mike Duffy (Chair), Peter Copelas,
and Carly McClain) and none (0) opposed. The motion passes.
REGULAR AGENDA
Location: 9 Cambridge Street (Map 25, Lot 564) (R2 Zoning District)
Applicant: Elisa Hofmeester
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City of Salem Zoning Board of Appeals
August 17, 2022 Meeting Minutes
Project: A public hearing for all persons interested in the petition of ELISA HOFMEESTER at 9
CAMBRIDGE STREET(Map 25, Lot 564) (R2 Zoning District), for a Special Permit per
Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem
Zoning Ordinance to demolish a two-story (2) addition and construct a new fifteen (15) ft
by twenty (20) ft two-story (2) addition at the rear of the dwelling. The proposed side yard
set back will be 2.3 feet.
Documents and Exhibitions
• Application date-stamped May 16, 2022 and supporting documentation
Chair Duffy introduces the petition and notes it will be continued to the special meeting on
September 14, 2022.
Motion and Vote: Mr. Copelas motions to continue the petition of ELISA HOFMEESTER at 9
CAMBRIDGE STREET(Map 25, Lot 564) (R2 Zoning District), for a Special Permit per
Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance
to demolish a two-story (2) addition and construct a new fifteen (15) ft by twenty (20) ft two-story (2) addition
at the rear of the dwelling to the special meeting scheduled for September 14, 2022.
Ms. McClain seconds the motion. The vote is three (3) in favor (Mike Duffy (Chair), Peter Copelas,
and Carly McClain) and none (0) opposed . The motion passes.
Location: 25 Warren Street (Map 25, Lot 270) (R2 Zoning District)
Applicant: Megan Entwich
Project: A public hearing for all persons interested in the petition of MEGAN NENTWICH at 25
WARREN STREET(Map 25, Lot 270) (R2 Zoning District), for a Special Permit per
Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem
Zoning Ordinance to demolish a one-story porch and add a three (3) story addition to the
rear of the property. The additions will be 8’ x 13’ feet and will be used as bathrooms. The
rear yard setback will be reduced from two (2) feet to one (1) foot.
Documents and Exhibitions
• Application date-stamped June 29, 2022 and supporting documentation
Chair Duffy introduces the petition and notes it will be continued to September 21, 2022.
Motion and Vote: Mr. Copelas motions to continue the petition of MEGAN NENTWICH at 25
WARREN STREET (Map 25, Lot 270) (R2 Zoning District), for a Special Permit per Section
3.3.5 Nonconforming Single- and Two-Family Residential Structures of the Salem Zoning Ordinance to
demolish a one-story porch and add a three (3) story addition to the rear of the property to the next regularly
scheduled meeting of the Zoning Board of Appeals on September 21, 2022.
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City of Salem Zoning Board of Appeals
August 17, 2022 Meeting Minutes
Ms. McClain seconds the motion. The vote is three (3) in favor (Carly McClain, Mike Duffy (Chair),
and Peter Copelas) and none (0) opposed. The motion passes.
Location: 13 Willow Avenue (Map 33, Lot 628) (R1 Zoning District)
Applicant: Michael Reiter
Project: A public hearing for all persons interested in the petition of MICHAEL REITER at 13
WILLOW AVENUE(Map 33, Lot 628) (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 rebuild and replace a two (2) family home. The proposed
structure will have additional dormers that were not with the original structure.
Documents and Exhibitions
• Application date-stamped June 29, 2022 and supporting documentation
Chair Duffy introduces the petition and notes it will be continued to the next regular meeting on
September 21, 2022.
Motion and Vote: Mr. Copelas motions to continue the petition of MICHAEL REITER at 13 WILLOW
AVENUE(Map 33, Lot 628) (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 rebuild and replace a two
(2) family home, where the proposed structure will have additional dormers that were not with the original
structure to the next regularly scheduled meeting on September 21, 2022.
Ms. McClain seconds the motion. The vote is three (3) in favor (Mike Duffy (Chair), Peter Copelas,
and Carly McClain) and none (0) opposed. The motion passes.
Location: 52 School Street (Map 27, Lot 4) (R2 Zoning District)
Applicant: John and Marcy Hauber
Project: A public hearing for all persons interested in the petition of JOHN AND MARCY
HAUBER at 52 SCHOOL STREET(Map 27, Lot 4) (R2 Zoning District), for a Special
Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures
and The Dimensional Table of the Salem Zoning Ordinance to add a two-story unit and
two (2) two-car garages to create a two-family building and four (4) garage parking
spaces. The proposed lot area per dwelling is 6,378 where 7,500 is required. The existing
and proposed side yard setback is 3.4' where 10' is required. The existing front yard
setback is 6.3' where is 15' is required.
Documents and Exhibitions
• Application date-stamped June 29, 2022 and supporting documentation
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City of Salem Zoning Board of Appeals
August 17, 2022 Meeting Minutes
Chair Duffy introduces the petition and notes it will be continued to September 21, 2022.
Motion and Vote: Mr. Copelas motions to continue the petition of JOHN AND MARCY HAUBER at
52 SCHOOL STREET (Map 27, Lot 4) (R2 Zoning District), for a Special Permit per
Section 3.3.5 Nonconforming Single- and Two-Family Residential Structures and The Dimensional Table of
the Salem Zoning Ordinance to add a two-story unit and two (2) two-car garages to create a two-family
building and four (4) garage parking spaces to the next regularly scheduled meeting of the Zoning Board of
Appeals on September 21, 2022.
Ms. McClain seconds the motion. The vote is three (3) in favor (Mike Duffy (Chair), Peter Copelas,
and Carly McClain) and none (0) opposed . The motion passes.
Location: 76 Lafayette Street (Map 34, Lot 417) (B5 Zoning District)
Applicant: Adam Shoemaker
Project: A public hearing for all persons interested in the petition of ADAM SHOEMAKER at
76 LAFAYETTE STREET (Map 34, Lot 417) (B5 Zoning District), for a Special Permit
per Section 3.1.2 Principal Uses of the Salem Zoning Ordinance to allow a three (3)
barrel, which is ninety-three (93) gallons, microbrewery and taproom on the first (1st)
floor of 76 LAFAYETTE STREET.
Documents and Exhibitions
• Application date-stamped July 7, 2022 and supporting documentation
Chair Duffy introduces the petition and indicates it will be continued to the next regular meeting on
September 21, 2022.
Motion and Vote: Mr. Copelas motions to continue the petition of ADAM SHOEMAKER at 76
LAFAYETTE STREET (Map 34, Lot 417) (B5 Zoning District), for a Special Permit per
Section 3.1.2 Principal Uses of the Salem Zoning Ordinance to allow a three (3) barrel, which is ninety-three
(93) gallons, microbrewery and taproom on the first (1st) floor to the next regularly scheduled meeting of the
Zoning Board of Appeals on September 21, 2022.
Ms. McClain seconds the motion. The vote is three (3) in favor (Mike Duffy (Chair), Peter Copelas,
and Carly McClain) and none (0) opposed . The motion passes.
MEETING MINUTES
June 15, 2022
Chair Duffy notes the minutes will be tabled to the next meeting as there is a lack of quorum.
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City of Salem Zoning Board of Appeals
August 17, 2022 Meeting Minutes
OLD/NEW BUSINESS
None.
ADJOURNMENT
Motion and Vote: Mr. Copelas motions to adjourn the meeting. Ms. McClain seconds the motion.
The vote is all in favor. The motion passes.
The meeting ends at 6:57 PM on August 17, 2022.
For actions where the decisions have not been fully written into these minutes, copies of the
Decisions have been posted separately by address or project at:
https://www.salem.com/zoning-board-appeals/pages/zoning-board-appeals-decisions-2022
Respectfully submitted,
Daniel Laroe, Staff Planner
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Agenda
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET ♦ SALEM, MASSACHUSETTS 01970
TEL: 978-619-5685
KIMBERLEY DRISCOLL
MAYOR
NOTICE OF MEETING
***REVISED***
Notice is hereby given that a meeting of the Salem Zoning Board of Appeals’ will be held
on August 17, 2022, at 6:30 p.m.
**Via remote participation**
This is in accordance with Chapter 107 of the Act of 2022.
Mike Duffy, Chair
Important Announcement:
Every effort will be made to ensure that the public can adequately access the
proceedings in real time, via technological means. In the event that we are unable to do
so on matters not requiring a public hearing, we will post on the City of Salem’s website
an audio or video recording, transcript, or other comprehensive record of proceedings as
soon as possible after the meeting.
Individuals may participate remotely in the meeting via a remote participation platform
called Zoom. Members of the public and/or parties with a right and/or requirement to
attend this meeting may access the remote participation meeting through any one of the
following ways:
Attending the Virtual Public Meeting:
• Go to the website link
• https://us02web.zoom.us/j/83964128644?pwd=cTNlTlFic2pKNWlOZnV3dW9yb1loUT
09
• Or, go to the website linkhttps://zoom.us/join and enter meeting ID #839 6412
8644 followed by meeting password 011324 if directed to do so on screen.
• Dial toll-free phone number 877-853-5257. When prompted enter meeting ID #
839 6412 8644 followed by meeting password 011324 if directed. Those calling
in will not have access to the direct video feed of the meeting, but can follow
along with the project materials available for download at Salem.com/ZBA
• Watch the meeting live on Salem Access Television Chanel 22.
• Project materials are available for download at this link
(https://tinyurl.com/SalemZBA)
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City of Salem Zoning Board of Appeals
Agenda for August 17, 2022
Page 2 of 5
Providing Public Comment During the Meeting:
Members of the public attending this meeting virtually will be allowed to make
comments during the portion of the hearing designated for each agenda item. Members
of the public will be asked to use the virtual “Raise Hand” function in Zoom to indicate
that they would like to provide comment.
• Dial *9 on your phone’s dial pad to raise your hand if you are using the toll-free
number.
• Click the “Raise Hand” button if you are using the Zoom application on your
computer or phone.
For each agenda item, the moderator will identify attendees with raised hands by their
screenname or the last 3 digits of their telephone number and will then unmute them.
The moderator will then request that the attendee unmute their device to provide their
full name, address, and comment for the record.
The moderator will go down the list of attendees in the order presented by the Zoom
application. The attendee list is ordered so that phone numbers are first, followed by an
alphabetical list of the screen names of attendees accessing Zoom through a computer,
tablet, or smartphone. Anyone that speaks about an issue unrelated to the agenda items
will be immediately muted.
Providing Public Comment Before the Meeting:
Members of the public can alternatively email their comment before the start of the
meeting to zoningboardcomments@salem.com.
Familiarizing Yourself with Zoom:
We encourage members of the public to install and familiarize themselves with Zoom in
advance of the meeting.
If you plan on providing public comments and are logging into this meeting via the
Zoom application, please test your speakers and microphone ahead of time. If we have
trouble hearing you when you speak, we will move on to the next person and try to
return to you later in the list. If this happens, we recommend that you call the toll-free
number to access the meeting and provide your comment.
The Zoom meeting will open 15 minutes before the start of the meeting to allow
participants to connect and practice with the audio and raise hand functions.
Thank you for your patience and understanding as we navigate these challenging
circumstances.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-
2028 through § 2-2033.
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City of Salem Zoning Board of Appeals
Agenda for August 17, 2022
Page 3 of 5
MEETING AGENDA
I. ROLL CALL
II. CONTINUANCES
1)
Location:
1 and 2 Leefort Terrace (R2 Zoning District)
Applicant:
BC Leefort Terrace, LLC
Description:
A continuance of a public hearing for all persons interested in the petition of BC
LEEFORT TERRACE, LLC at 1 LEEFORT TERRACE (Map 41, Lot 249) and at 2
LEEFORT TERRACE(Map 41, Lot 242) (R2 Zoning District), for a Comprehensive
Permit pursuant to M.G.L. Chapter 40B, to construct one hundred twenty-four (124)
new units, Fifty (50) of those units will be replacing the current units at Leefort Terrace.
2)
Location:
70 Proctor Street (R1 Zoning District)
Applicant:
George Lambos
Description:
A continuance of a public hearing for all persons interested in the petition of GEORGE
LAMBOS at 70 PROCTOR STREET(Map 15, Lot 386) (R1 Zoning District), for a Special
Permit per Section 3.3.5 Non-conforming Single- and Two-Family Residential
Structures of the Salem Zoning Ordinance to convert a two (2) family dwelling into a
three (3) family dwelling by constructing the third (3rd) dwelling in the basement.
III. REGULAR AGENDA
1)
Location:
9 Cambridge Street (R2 Zoning District)
Applicant :
Elisa Hofmeester
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-
2028 through § 2-2033.
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City of Salem Zoning Board of Appeals
Agenda for August 17, 2022
Page 4 of 5
Description:
Will hold a public hearing for all persons interested in the petition of ELISA
HOFMEESTER at 9 CAMBRIDGE STREET(Map 25, Lot 564) (R2 Zoning District), for a
Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential
Structures of the Salem Zoning Ordinance to demolish a two-story (2) addition and
construct a new fifteen (15) ft by twenty (20) ft two-story (2) addition at the rear of the
dwelling. The proposed side yard set back will be 2.3 feet.
2)
Location:
25 Warren Street (R2 Zoning District)
Applicant :
Megan Nentwich
Description:
Will hold a public hearing for all persons interested in the petition of MEGAN
NENTWICH at 25 WARREN STREET(Map 25, Lot 270) (R2 Zoning District), for a
Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential
Structures of the Salem Zoning Ordinance to demolish a one-story porch and add a
three (3) story addition to the rear of the property. The additions will be 8’ x 13’ feet and
will be used as bathrooms. The rear yard setback will be reduced from two (2) feet to
one (1) foot.
3)
Location:
13 Willow Avenue (R1 Zoning District)
Applicant :
Michael Reiter
Description:
Will hold a public hearing for all persons interested in the petition of MICHAEL
REITER at 13 WILLOW AVENUE(Map 33, Lot 628) (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 rebuild and replace a two (2) family
home. The proposed structure will have additional dormers that were not with the
original structure.
4)
Location:
52 School Street (R2 Zoning District)
Applicant :
John and March Hauber
Description:
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-
2028 through § 2-2033.
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City of Salem Zoning Board of Appeals
Agenda for August 17, 2022
Page 5 of 5
Will hold a public hearing for all persons interested in the petition of JOHN AND
MARCY HAUBER at 52 SCHOOL STREET(Map 27, Lot 4) (R2 Zoning District), for a
Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family Residential
Structures and The Dimensional Table of the Salem Zoning Ordinance to add a two-
story unit and two (2) two-car garages to create a two-family building and four (4)
garage parking spaces. The proposed lot area per dwelling is 6,378 where 7,500 is
required. The existing and proposed side yard setback is 3.4' where 10' is required. The
existing front yard setback is 6.3' where is 15' is required.
5)
Location:
76 Lafayette Street (B5 Zoning District)
Applicant :
Adam Shoemaker
Description:
Will hold a public hearing for all persons interested in the petition of ADAM
SHOEMAKER at 76 LAFAYETTE STREET (Map 34, Lot 417) (B5 Zoning District), for a
Special Permit per Section 3.1.2 Principal Uses of the Salem Zoning Ordinance to allow
a three (3) barrel, which is ninety-three (93) gallons, microbrewery and taproom on the
first (1st) floor of 76 LAFAYETTE STREET.
III. APPROVAL OF MINUTES
June 15, 2022
IV. OLD/NEW BUSINESS
V. ADJOURNMENT
Persons requiring auxiliary aids and services for effective communication such as sign
language interpreter, an assistive listening device, or print material in digital format or a
reasonable modification in programs, services, policies, or activities, may contact the
City of Salem ADA Coordinator as soon as possible and no less than 2 business days
before the meeting, program, or event.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-
2028 through § 2-2033.
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City of Salem Zoning Board of Appeals
Agenda for August 17, 2022
Page 6 of 5
This agenda is subject to change.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City Ordinance § 2-
2028 through § 2-2033.
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