Zoning Board of Appeals
Regular MeetingSalem, MA · August 16, 2023
Minutes
City of Salem Zoning Board of Appeals
Meeting Minutes
August 16, 2023
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, August
16, 2023 at 6:30 pm via remote participation in accordance with Chapter 2 of the Act of 2023 and a Special
Act extending remote participation meetings.
Chair Peter Copelas calls the meeting to order at 6:30 pm.
Chair Copelas 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. Copelas also
explains the rules regarding public comment.
ROLL CALL
Those present were: Peter Copelas (Chair), Carly McClain (Vice Chair), Rosa Ordaz, Paul Viccica,
and Hannah Osthoff. Also in attendance were Daniel Laroe – Staff Planner, and Jonathan Pinto –
Recording Clerk. Those absent were: Nina Vyedin
REGULAR AGENDA
Location: 54 Charles Street (Map 32, Lot 134) (R2 Zoning District)
Applicant: Arslan Khudaynazar
Project: A public hearing for all persons interested in the petition of ARSLAN
KHUDAYNAZAR at 54 CHARLES STREET (Map 32, Lot 134) (R2 Zoning District)
for a Special Permit per Section 3.3.5 Nonconforming Single- and Two-Family
Structures of the Salem Zoning Ordinance to enlarge and convert a nonconforming
single-family dwelling to a two-family dwelling by adding a two-story (2) addition and
deck at the rear of the structure.
Documents and Exhibitions
• Application date-stamped June 29, 2023 and supporting documentation
Chair Copelas introduces the petition.
Attorney Bill Quinn introduces himself on behalf of the petitioner, who he explains lives with his sister and
parents in a single family home in an R2 district. Mr. Quinn indicates the neighborhood is mixed use with
single-family and two-family homes, as well as some four-unit condo buildings and a fire station a block away.
The petitioners home was built in the 1950’s, and Mr. Quinn states it has nice landscaping. Mr. Quinn notes
that the petitioner’s sister will be moving out and that he intends to keep the property and help his parents by
allowing them to continue living there, but that he would like to add a second unit for extra income to help
maintain the property. Mr. Quinn contends there has been no opposition or complaints in the neighborhood
to date. The petitioner has been working with Flow Design for several months on the proposal, and the plan
is for the petitioner to live on the first floor with his parents and rent the new apartment once completed.
The petitioner seeks a special permit to go from a single-family to a legal two-family use under Section 3.3.5.
The plan is to demolish a portion of the rear wall of the build and construct a two-story addition in the rear
that allows adequate space to redesign the first floor and the new unit above. Mr. Quinn states there is
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August 16, 2023 Meeting Minutes
currently a small deck, and that the proposal includes a rear deck to allow for continued use of the patio. Mr.
Quinn indicates the existing property is nonconforming in many ways such as setback requirements, and
therefor subject to the requested relief.
Darguin Fortuna of Flow Design Architects introduces himself and presents drawings and site plans, as well
as images of the existing property. He describes the proposal, noting no impact on the front facade or
sidewalk. Mr. Fortuna next presents floor plans and elevations.
Chair Copelas asks if the side setback is being decreased by the proposed new stairway, and Mr. Quinn
indicates it is by a couple of feet. Mr. Quinn adds that there is adequate parking for the two units on the
property and that the height of the building is not increasing.
Mr. Viccica asks why the new stairs from the second floor unit were proposed this way, given how close the
next door neighbor is to their own setback. Mr. Viccica suggests it may be better to push the deck a bit to the
other side and/or relocate the steps, perhaps closer to the cars, to preserve the abutters property.
Mr. Fortuna states those would be plausible solutions, and explains the reason behind the proposed stair
location, noting wanting a view in to the street and to make the second egress more remote from the others
in case of a fire. Mr. Copelas also suggests it may make more sense to have the stairs lead to the parking on
the opposite side of the house. Mr. Viccica states it is better to not increase nonconformities if possible, and
suggests a special condition for the stair location. Mr. Fortuna and Mr. Quinn agree on behalf of the
petitioner.
Chair Copelas opens the floor to public comment but there is none.
Attorney Quinn discusses the grounds for a special permit.
Motion and Vote: Mr. Viccica motions to approve the petition of ARSLAN KHUDAYNAZAR at 54
CHARLES STREET (Map 32, Lot 134) (R2 Zoning District) for a Special Permit per
Section 3.3.5 Nonconforming Single- and Two-Family Structures of the Salem Zoning Ordinance to enlarge
and convert a nonconforming single-family dwelling to a two-family dwelling by adding a two-story (2)
addition and deck at the rear of the structure, subject to the following 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. 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.
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August 16, 2023 Meeting Minutes
9. All construction shall be done per the plans and dimension 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, to project completion and a final inspection upon project completion.
And the following special condition:
1. To design and construct the rear deck stair to not create a greater nonconforming side
setback than currently exists.
Ms. Ordaz seconds the motion. The vote is five (5) in favor (Peter Copelas, Paul Viccica, Hannah
Osthoff, Rosa Ordaz, and Carly McClain) and none (0) opposed. The motion passes.
Location: 6 Upham Street (Map 27, Lot 331) (R2 Zoning District)
Applicant: Cameron Schuh
Project: A public hearing for all persons interested in the petition of CAMERON SCHUH at 6
UPHAM STREET (Map 27, Lot 331) (R2 Zoning District) for a Special Permit per
Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to replace the
second story (2nd) emergency-exit staircase. The current landing is 5’x8’ and the proposed
replacement landing would be 10’x15’. The current rear setback is 1.4’ R2 district requires
thirty feet (30) rear yard setback.
Documents and Exhibitions
• Application date-stamped June 27, 2023 and supporting documentation
Chair Copelas introduces the petition.
Mr. Schuh introduces himself and describes the property, noting his mother Kathryn Crawford
owns the home and that he has been living there for three years. The property is a multifamily and
Mr. Schuh resides on the second floor while renting out the first floor. Mr. Schuh explains that a
second story staircase is their main entrance, but it is an old deck and staircase that is likely over 25
years old and not in good condition. Mr. Shuh indicates the proposal is to replace the stairs and
deck with a larger landing area to have more usable space, with the stairs extending out just a little
bit farther into the side yard. The proposal does not increase the rear setback nonconformity and
does not add any new nonconformities. Mr. Shuh provides plot plans showing existing and
proposed conditions, as well as photographs of the current stairs and deck. He adds that the catalyst
for the proposal is safety concerns as the current deck is not in good condition and is likely not up
to current code. The new deck would be rebuilt to code using recycled trex material and be ada
compliant with a gate at top, according to Mr. Shuh. Under the deck the petitioner states they
would create a covered lattice area to store outdoor tools.
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August 16, 2023 Meeting Minutes
Mr. Copelas confirms that the stairs will be located in the same place, but will extend just a bit
farther out. Mr. Shuh states that is correct. He adds that he was told a special permit was needed
because the deck footprint was expanding.
Chair Copelas opens the floor to public comment but there is none.
Chair Copelas notes the application includes a clear statement of grounds and that the petitioner has
addressed all relevant matters.
Motion and Vote: Ms. Osthoff motions to approve the petition of CAMERON SCHUH at 6 UPHAM
STREET (Map 27, Lot 331) (R2 Zoning District) for a Special Permit per Section 3.3.3 Nonconforming
Structures of the Salem Zoning Ordinance to replace the second story emergency-exit staircase with a
proposed replacement landing that is 10’x15’, subject to the following 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. 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 dimension 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.
11. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, to project completion and a final inspection upon project completion.
Ms. McClain seconds the motion. The vote is five (5) in favor (Hannah Osthoff, Peter Copelas, Paul
Viccica, Rosa Ordaz, and Carly McClain) and none (0) opposed. The motion passes.
Location: 1 Rosedale Avenue (Map 31, Lot 241) (R1 Zoning District)
Applicant: Paul and Beth Francis
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Project: A public hearing for all persons interested in the petition of PAUL AND BETH
FRANCIS at 1 ROSEDALE AVENUE (Map 31, Lot 241) (R1 Zoning District) for a
Special Permit per Section 3.3.3 Nonconforming Structures of the Salem Zoning
Ordinance to remove an existing dilapidated solarium structure (sunroom) and replace it
with a single-story addition. The petitioner also proposes to construct a new deck.
Documents and Exhibitions
• Application date-stamped July 13, 2023 and supporting documentation
Chair Copelas introduces the petition.
Architect William Nolan of Savoy Nolan Architects introduces himself on behalf of the petitioners.
Mr. Nolan presents site plans and describes the property as a 1.5 story cape with detached garage.
He also presents proposed site plans, and explains there is an existing solarium in need of repair
which will be replaced by the petitioners proposal. Mr. Nolan indicates the home is small and that
the petitioners have grandchildren, so they are looking to pick up additional floor area in addition to
replacing the solarium by in-filling an existing corner between the solarium and what has been called
the “harbor room” with a one story addition. The total additional square footage according to Mr.
Nolan is 65 square feet, and that the property lines are not further encroached by the proposal.
Existing floor plans and photos are presented. Mr. Nolan also notes that the existing low-level deck
will also be extended in the proposal. Proposed floor plans and elevations are presented.
Chair Copelas asks to go back to the plot plan and asks about a note indicating the addition would
go farther than verbally described. Mr. Nolan acknowledges the note was a copy error and clarifies
the proposal matches his description. He also adds that the proposal was discussed with neighbors
and that there has been no opposition to date.
Ms. Osthoff asks about the height of the new deck extension, and Mr. Nolan states it is between 12
and 15 inches.
Chair Copelas opens the floor to public comment but there is none.
Mr. Nolan discusses the statement of grounds for the special permit.
Motion and Vote: Ms. Ordaz motions to approve the petition of PAUL AND BETH FRANCIS at 1
ROSEDALE AVENUE (Map 31, Lot 241) (R1 Zoning District) for a Special Permit per
Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to remove an existing dilapidated
solarium structure (sunroom) and replace it with a single-story addition and a new deck, subject to the
following 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.
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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 dimension 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, to project completion and a final inspection upon project completion.
Mr. Viccica seconds the motion. The vote is five (5) in favor (Carly McClain, Peter Copelas, Hannah
Osthoff, Paul Viccica, Rosa Ordaz) and none (0) opposed. The motion is passes.
Location: 73 Proctor Street (Map 25, Lot 3) (R2 Zoning District)
Applicant: Joseph and Valquirla Jourdan
Project: A public hearing for all persons interested in the petition of JOSEPH AND
VALQUIRLA JOURDAN at 73 PROCTOR STREET (Map 25, Lot 3) (R2 Zoning
District) for a Special Permit per Section 3.3.5 Nonconforming Single- and Two-family
Structures of the Salem Zoning Ordinance to convert a single-family home to a two-
family home. The proposed new unit will be a one-bedroom unit. There will be no
exterior changes to the property.
Documents and Exhibitions
• Application date-stamped July 17, 2023 and supporting documentation
Chair Copelas introduces the petition.
Architect David Jaquith introduces himself on behalf of the petitioners and describes the property.
Mr. Jaquith presents photos of the existing property and explains that the petitioner is proposing to
add a second unit, with most work occurring inside the property. The only exterior change would
be adding a second egress door in the rear. Mr. Jaquith presents a map of the property as well as
aerial photographs. None of the setbacks are changing with the proposal according to Mr. Jaquith,
and there is adequate parking in the rear and driveway, with two parking spaces being added behind
the deck. Mr. Jaquith presents proposed floor plans and also discusses the existing setback
conditions. The proposal adds a new rental to Salem, and Mr. Jaquith states it does not change the
neighborhood character. He shows existing and proposed floor plans, indicating the new unit
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would be about 650 square feet and be a one-bedroom unit, leaving 1,650 square feet for the other
unit.
Chair Copelas notes the home is deceptively large from the street view, where it appears much more
modest.
Chair Copelas opens the floor to public comment but there is none.
Chair Copelas summarizes the statement of grounds.
Motion and Vote: Ms. Ordaz motions to approve the petition of JOSEPH AND VALQUIRLA
JOURDAN at 73 PROCTOR STREET (Map 25, Lot 3) (R2 Zoning District) for a Special Permit per
Section 3.3.5 Nonconforming Single- and Two-family Structures of the Salem Zoning Ordinance to convert a
single-family home to a two-family home with the proposed new unit being a one-bedroom unit, subject to
the following 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. 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 dimension 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.
11. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, to project completion and a final inspection upon project completion.
Mr. Viccica seconds the motion. The vote is five (5) in favor (Peter Copelas, Hannah Osthoff, Paul
Viccica, Rosa Ordaz, and Carly McClain) and none (0) opposed. The motion passes.
Location: 107 Mason Street (Map 16, Lot 361) (R2 Zoning District)
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City of Salem Zoning Board of Appeals
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Applicant: Ramon Hidalgo
Project: A public hearing for all persons interested in the petition of RAMON HILDALGO at
107 MASON STREET (Map 16, Lot 361) (R2 Zoning District) for a Special Permit per
Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to expand a
nonconforming three-family home by adding a three-level deck. The required rear
setback is 30 feet. The deck would be at 17 feet. Also, a Variance per Section 4.1.1
Dimensional Requirements for maximum height of buildings (stories).
Documents and Exhibitions
• Application date-stamped July 16, 2023 and supporting documentation
Chair Copelas introduces the petition.
Daguin Fortuna introduces himself on behalf of the petitioner and explains that a routine inspection
of the building resulted in the awareness of a safety hazard caused by the current layout of the decks
and egresses, where the second and third floor units must enter back into the building in order to
exit. The proposal would allow for the occupants of the three-family to exit properly from the
decks, as the existing three-story porch has no stairs or proper exit except for the first floor. Mr.
Fortuna presents photographs of the property including an aerial view, as well as a site plan. Mr.
Forutna presents floor plans, and explains that the proposal will bring the building up to code. He
also notes that there are eight letters of support from abutters, and presents proposed renderings.
Chair Copelas asks about the bumped out portion of the building in the rear, noting it appears to
have been designed to house an interior rear staircase. Mr. Fortuna explains that there is a staircase
in the bump out that goes to the basement, but that none of the units have access to the stairs. Mr.
Copelas asks if the stairway has an egress on the first floor, and Mr. Fortuna states it does. Mr.
Copelas asks if the petitioner considered making access to the stairwell instead for the units. Mr.
Fortuna explains that many options were considered, including even closing off the porch to gain
more interior space. That option proved to be too costly, and the option of providing access to the
interior stairwell is not feasible because the stairwell abuts bedrooms and a closet on the second and
third floor, and an egress cannot be through a bedroom. Mr. Fortuna further explains that this
option would be costly and cause much disruption as the floor plans and layout would need to
change.
Chair Copelas questions why the applicant is seeking a variance, noting that the special permit
request makes sense. Mr. Fortuna indicate the building inspector suggested a variance be requested
based on the height of the stairwell. Mr. Copelas discusses the higher standard for a variance
compared to a special permit, and questions whether the variance might not be needed, or if there
would be a solution that does not require the variance. He mentioned the interior stairwell and
bump out again, and Mr. Fortuna shows floor plans and reiterates that the bedroom locations
prevent that as a viable option. Mr. Hidalgo notes the the stairwell also abuts a bathroom in
addition to the bedroom and closet, and further explains that the change in layout would be more
costly and disruptive.
Mr. Viccica acknowledges that while there may technically be other options, the petitioner has made
it clear that the other options would involve renovations and destruction of the current interior
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August 16, 2023 Meeting Minutes
layout. Mr. Viccica suggests that this would qualify in his mind as a hardship, as the egresses are
needed to comply with code. Mr. Copelas agrees, but again questions the need for a variance. Mr.
Viccica states he is also unsure why a variance is needed. Mr. Copelas and Mr. Viccica discuss
whether the Board should approve just a special permit with the understanding that a variance could
be requested if necessary. Vice Chair McClain states she would be fine with approving both as a
hardship was clearly articulated. Mr. Viccica agrees that a hardship exists because the building
cannot be occupied without this legal means of egress. Ms. Ordaz also agrees with going forward
with both the special permit and variance request, because even if the variance is not needed, a more
restrictive burden has already been proven and it would not require re-petitioning or advertising,
compared to coming back for a variance if one was needed but not granted
Mr.Viccica states it would be helpful to have the building commissioner present, particularly if they
provided direction on a petition because he is generally not a fan of a “belt and suspenders”
approach to providing relief and ruling on variances that may be unnecessary.
Chair Copelas opens the floor to public comment but there is none.
Mr. Viccica asks if the third unit has always existed or if the petitioner is trying to create a new unit. The
petitioner confirms it has always existed.
Motion and Vote: Ms. McClain motions to approve the petition of RAMON HILDALGO at 107
MASON STREET (Map 16, Lot 361) (R2 Zoning District) for a Special Permit per
Section 3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to expand a nonconforming three-
family home by adding a three-level, 17 foot deck, and a Variance per Section 4.1.1 Dimensional
Requirements for maximum height of buildings (stories), subject to the following 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. 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 dimension submitted to and approved
by this Board. Any modification to the plans and dimensions must be approved by the
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City of Salem Zoning Board of Appeals
August 16, 2023 Meeting Minutes
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.
11. Petitioner shall schedule Assessing Department inspections of the property, at least
annually, to project completion and a final inspection upon project completion.
Ms. Ordaz seconds the motion. The vote is five (5) in favor (Peter Copelas, Hannah Osthoff, Paul
Viccica, Rosa Ordaz, and Carly McClain) and none (0) opposed. The motion passes.
MEETING MINUTES
June 21, 2023
Chair Copelas states that on page nine of the minutes he does not agree with the wording that Ms.
Vyeding was “unconcerned with the hardship,” and instead suggests the minutes state that she “was
satisfied that the hardship qualification was met. He also notes that on page 11 the word “inquires”.
Ms. Osthoff notes that there is a typo in the description of 41 Bertuccio Avenue where the size is
listed in inches but should be feet. She identifies a similar error for 30 Bellow Road. Ms. Osthoff
also notes a typo on page 12 where “Greed Ledge” should be changed to “Green Ledge”.
Motion and Vote: Mr. Viccica motions to approve the minutes from the June 21, 2023 meeting of
the Zoning Board of Appeals as amended. Ms. Ordaz seconds the motion. The vote is four (4) in
favor, one (1) abstained, and none (0) opposed. The motion passes
July 19, 2023
Mr. Viccica notes a correction on page eight where the vote number is incorrect. It should read “the
vote is one (1) in favor and four (4) opposed,” not the current "five (1) in favor”.
Motion and Vote: Mr. Viccica motions to approve the minutes from the July 19, 2023 meeting of
the Zoning Board of Appeals as amended. Ms. Ordaz seconds the motion. The vote is five (5) in
favor and none (0) opposed. The motion passes
OLD/NEW BUSINESS
Chair Copelas discusses the future of the Board and planning department with his term coming to
an end on December 8th. He notes his intention to step down off the Board. He and the Board
members discuss potential options for Chair and the possibility of the planning department not
wanting a brand new member as Chair. Vice Chair McClain states she does not have an interest in
the role of Chair, noting her various other commitments and time constraints. Ms. Ordaz and Mr.
Viccica also expressed an inability to take on the role, due to other obligations. The Board discusses
the potential for Ms. Vyedin to step into the role. The Board acknowledges that Ms. Vyedin is not
present to opine or provide input. Mr. Copelas states that if necessary he could continue on for a
shortened period.
Next Meeting
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City of Salem Zoning Board of Appeals
August 16, 2023 Meeting Minutes
September 20, 2023
ADJOURNMENT
Motion and Vote: Ms. Ordaz motions to adjourn the meeting. The vote is all in favor. The
motion passes.
The meeting ends at 8:35 PM on August 16, 2023.
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-2023
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
DOMINICK PANGALLO
MAYOR
NOTICE OF MEETING
Notice is hereby given that a meeting of the Salem Zoning Board of Appeals will be held
on August 16, 2023, at 6:30 p.m.
**Via remote participation**
This is in accordance with Chapter 2 of the Acts of 2023
Peter A. Copelas, 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 Website link:
https://us02web.zoom.us/j/83964128644?pwd=cTNlTlFic2pKNWlOZnV
3dW9yb1loUT09, go to the website link https://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.
1
City of Salem Zoning Board of Appeals
Agenda for August 16, 2023
Page 2 of 4
• Project materials are available for download at
(https://tinyurl.com/SalemZBA)
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.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City
Ordinance § 2-2028 through § 2-2033.
2
City of Salem Zoning Board of Appeals
Agenda for August 16, 2023
Page 3 of 4
MEETING AGENDA
I. ROLL CALL
II. REGULAR AGENDA
1. Location: 54 Charles Street (R2 Zoning District)
Applicant: Arslan Khudaynazar
Description: The petition of ARSLAN KHUDAYNAZAR at 54 CHARLES STREET
(Map 32, Lot 134) (R2 Zoning District) for a Special Permit per Section 3.3.5
Nonconforming Single- and Two-Family Structures of the Salem Zoning
Ordinance to enlarge and convert a nonconforming single-family dwelling to a
two-family dwelling by adding a two-story (2) addition and deck at the rear of
the structure.
2. Location: 6 Upham Street (R2 Zoning District)
Applicant: Cameron Schuh
Description: The petition of CAMERON SCHUH at 6 UPHAM STREET (Map 27,
Lot 331) (R2 Zoning District) for a Special Permit per Section 3.3.3
Nonconforming Structures of the Salem Zoning Ordinance to replace the second
story (2nd) emergency-exit staircase. The current landing is 5’x8’ and the
proposed replacement landing would be 10’x15’. The current rear setback is 1.4’
R2 district requires thirty feet (30) rear yard setback.
3. Location: 1 Rosedale Avenue (R1 Zoning District)
Applicant: Paul and Beth Francis
Description: The petition of PAUL AND BETH FRANCIS at 1 ROSEDALE
AVENUE (Map 31, Lot 241) (R1 Zoning District) for a Special Permit per Section
3.3.3 Nonconforming Structures of the Salem Zoning Ordinance to remove an
existing dilapidated solarium structure (sunroom) and replace it with a single-
story addition. The petitioner also proposes to construct a new deck.
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City
Ordinance § 2-2028 through § 2-2033.
3
City of Salem Zoning Board of Appeals
Agenda for August 16, 2023
Page 4 of 4
4. Location: 73 Proctor Street (R2 Zoning District)
Applicant: JOSEPH AND VALQUIRLA JOURDAN
Description: The petition of JOSEPH AND VALQUIRLA JOURDAN at 73
PROCTOR STREET (Map 25, Lot 3) (R2 Zoning District) for a Special Permit per
Section 3.3.5 Nonconforming Single- and Two-family Structures of the Salem
Zoning Ordinance to convert a single-family home to a two-family home. The
proposed new unit will be a one-bedroom unit. There will be no exterior
changes to the property.
5. Location: 107 Mason Street (R2 Zoning District)
Applicant: Ramon Hildalgo
Description: The petition of RAMON HILDALGO at 107 MASON STREET (Map
16, Lot 361) (R2 Zoning District) for a Special Permit per Section 3.3.3
Nonconforming Structures of the Salem Zoning Ordinance to expand a
nonconforming three-family home by adding a three-level deck. The required
rear setback is 30 feet. The deck would be at 17 feet. Also, a Variance per
Section 4.1.1 Dimensional Requirements for maximum height of buildings
(stories).
IV. APPROVAL OF MINUTES
Minutes for 6.21.23
Minutes for 7.19.23
V. OLD/NEW BUSINESS
VI. 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 two (2) business
days before the meeting, program, or event.
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.
4
City of Salem Zoning Board of Appeals
Agenda for August 16, 2023
Page 5 of 4
Know your rights under the Open Meeting Law M.G.L. c. 30A § 18-25 and City
Ordinance § 2-2028 through § 2-2033.
5
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