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26 CHESTNUT STREET - BUILDING JACKET CITY-OF SALE --- PUBLIC PROPERTY DEPARTMENT Ki aJII.EY DRISCOLL MAYOR 120 WASHING ON STREET•SALE ,MASSACHM-1-M 01970 lta:9'&74S-9S9S*FAY:978-740-98" APPLICATION FOR THE REPAIR: RENOVATION, CONSTRUCTION, DEMOLITION. OR CHANGE OF USE OR OCCUPANCY, FOR ANY EXISTING STRUCTURE OR BUILDING 1.0 SITE INFORMATION Location Name: Building: Property Address: 1 6 � �CST�U1� J I C��y16C0 [S� � Property is located in a; conservation Area Y/N Historic Di 2.0 OWNERSHIP INFORMATION 2.1 Owner of Land Name: rl) UIS/k)l Address: Telephone: — 3.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY Addition Existing Renovation Number of Stories Renovated Change in Use ' New Demolition Existing Approximate year of Area per floor (sf) Renovated construction or renovation New of existing building Brief Description of Proposed Work: ,s C11��7rr6` �fvuS�e ------MailPermitto: lT101 ()�Cj7cj What is the current use of the Building? Material of Building? 14 4 ZG�:' v if dowelling, how many units?�= ., Will the Building Conform to Law? Asbestos? Architect's Name Address and Phone l ) Mechanic's Name Address and Phone Construction Supervisors License# HIC Registration# Estimated Cost roject$ :�001L_ Permit Fee Calculation Permit Fee S Estimated Cost X$7151000 Residential Estimated Cost X$11/$1000 Commercial An Additional $5.00 is added as an Administrative charge. Make sure that all fields are properly and legibly written to avoid delays in processing. The undersigned does hereby apply for a Building Permit to build to the above stated specifications. Signed under penalty of perjury X Date J O N J 'b 9 O L 7 L F q0 y O 3 •" o u d u 26 Chestnut St Carriage House 1st Floor 43'-6" io Storage (Nut lleated) 'v tV ____--_ ----- fh La mdry Garage o N I I Mud Room - ------ ------ 2nd Means Tigress M zo 5'-1 7116" LV 9'-9 3/4" 3'-3" 16'd 9116" 3587 31 6" 26 Chestnut St Carriage House 2nd Floor 43'-6" N_ co Q fh Bcdmcm m Lito ving Room M N < N cp to co Kitchen m 5 5'-10 9116" 21-9" 12'-3 112" 3'-6" 10'-1 7116" '-11 1511 5-11 9116" 43'-6" 43'-6" PUBLIC PROPERTY DEPARTMENT K1.%ti"UU fiy ouscou `•UAk Nnsseacstan 01970 141:978-7+5-9S"•FAX 973674&9W APPLICATION FOR THE REPAIR. RENOVATION, CONSTRUCTION DEMOLITIONLOR CHANGE OF USE OR OCCUPANCY, FOR ANY EXISTING STRUCTURE OR BUILDING 1.0 SITE INFORMATION Location Name: Building: Property Address: 5�� . Property is located in a; Conservation Area Y/N Historic D N 2.0 OWNERSHIP INFORMATION 2.1 Owner of Land Name: Address: �,6 Telephone: _ 3.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY Addition Existing Renovation Number of Stories Renovated Change in Use New Demolition Existing �6 Approximate year of Area per floor (sf) Renovated construction or renovation yt of existing building I`l SCJ— New Brief Description of Proposed Work: f�E wlu✓��L Ir(Z�ctkL�.U� 2� suer c c Ct�:u�ry uPGr�� Mall Permit to: -- What is the current use of the Building? Material of Building? 407ZSL If dwelling, how many units? Will the Building Conform to Law? yK� Asbestos? Architect's Name Address and Phone Mechanles Name Address and Phone Construction Supervisors License# �Tj �-'4cS HIC Registration# Estimated Cost of Project 5 U t)v v Permit Fee Calculation Permit Fee t -- Estimated Cost X$7/$l000 Residential Estimated Cost X$11/311000 Commercial -. An Additional $5.00 is added as an Administrable charge. Make sure that all fields are properly and legibly written to avoid delays in processing. The undersigned does hereby apply for a Building Permit to build to the above stated specifications. Signed under penalty of perjury X Date dr o cS 166 00 q w . a a, Y 1 fL44NB1IlM6T-9EfLA94ND APMVEO Sy THE JdSPJ: MS PWR TJa A PMMIT BEING GRAN kD CITY OF SALEM fWo l S ar \ ward OW i0I*V oWW Is Prim," -in Location of BN FYdol*fJiddaf? Yn No_ NoUdia6 Is PIOMmy LOCINd In : Qu CarNvtllon Am? Y61L..No , Permit to: BUILDING PERMIT APPLICATION FOR: (Circle whichever apply) Roof, Retool, Install Siding, Constrict Deck, Shed, Pool, Repair/Replace. Other ��wtoC Z7�c PLEASE FILL OUT L EMLY i COMPLETELY TO AVOID DELAYS IN PROCESSM TO THE INSPECTOR OF BUILDINGS: '• The undersigned hereby applies for a permit to build accort9ig.to the.mowirfg Specifications: `1 Owner's Name C.m�) ' (J CUh Yn 1 Dt/( Address A Phone �� QL W o-7 C'l f5 m 7YS�(11;4 Architect's Name Address A Phone Mechanics Name Address & Phone 1111 [ 1 WIW*IspirpoaaofWk*W 1 )EM (l LC7 ZCffdA> R 0AF2cr rE74-r4 md"of burdirq? M a dwalYq,for Now mmy*man? f " z WA OWldrq conram to*w? Mbulos? Erilrnrad ooar Clly NCN1n M 8fr fYfcarin r anwa xmpto0 t Lie. f Signature of Applicant SIGNED UNDER THE PENALTY' OF PERJURY DESCRIPTION OF WORK TO BE DONE _Ln7TK/�2e Xo 7 CM/271 c✓ MAIL PERMIT T0: r APPLICATION FOR PERIff TO j LOCATION PERMIT /GRANTED 19 APPR70 INSPECTOR OF BUILDINGS , I J 1 �IaAflSiMI�ST�EffL-E ID APPROVED BY T44E .INSP,rTAl3 PF3WH TP.A.PER WT BENG GRANTED i\ CITY OF SALEM No. P��—V� .8 Date Is Property Located in Location of the Historic District? Yes4 No_ Building �� ./i�C� f-7 Is Property Located in /) the Conservation Area? Yak_No / BUILDING PERMIT APPLICATION FOR: Permit to: (Circle whichever apply) Roof, Reroof, Install Siding, Construct Deck, Shed, Pool Repair/Replace, Other: P�1-)4W f LLZ7T A,� PLEASE FILL OUT LEGIBLY &COMPLETELY TO AVOID DELAYS IN PROCESSING TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's Name ��/}�) tCdx)LOLI( Address & Phone 0�6 CHL A4% ( 1` -) LL AVl/ Architect's Name Address & Phone ) Mechanics Name Address & Phone L ) What Is the purpose of building? Material of bullring? If a dwelling,for tow many families? Will building conform to law? Asbestos? Estimated cost_city License k N A State License N Barge Improvement Lie. I Signature of Applicant SIGNED UNDER THE PENALTY OF PERJURY DESCRIPTION OF WORK TO BE DONE MAIL PERMIT TO: (I C/ �CTirJlil� r iT No. APPLICATION FOR PERMIT TO LOCATION PERMIT GRANTED APPROV�D/ ! INSPECTOR OF BUILDINGS 0 9 � # Salem Historical Commission 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 (978)745-9595 EXT.311 FAX (978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction 13� Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 26 Chestnut St. Name of Record Owner: Sean O'Connor Description of Work Proposed: Installation of kitchen vent on rear roof, installed so as to be non-visible from the public way. Owner is encouraged to make the vent as small as possible and to be painted black or bronze. Dated: March 3, 2005 SALEM HISTORICAL COMMISSION By: The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. t Salem Historical Commission 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 (978)745-9595 EXT 311 FAX (978)740-0404 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other work as described below will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 26 Chestnut Street Name of Record Owner: Sean O'Connor Description of Work Proposed: Installation of bathroom vent in location shown in photo (side entrance above & left of door). Vent to be 6"x 6" louver instead of hood style,painted to match brick color or to be dark bronze/black. Dated: March 3, 2005 SAL EM HI ORICAL COMMISSION BY.. The homeowner has the option not to commence the work (unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. o- o ti� I PROPOSED PLAN KrrCHEN iiso = i' B ® LID \ ❑ B El f Haw OPRROPOSED SECTION O PROPOSED SECTION M OPROPOSED SECTION ® PROPOSED SECTION ^A. 2 , OPROPOSED SECTION O PROPOSED SECTION I/8° = 1 `A. 3 +L4MS1ftST-BE f4L APPROVED By T+IE .IAISpZC.TDB ,PFWB TP.A_PERMIT.BEING GRANTED CITY OF SALEM C\NO Date . J Is Property Located In `/ Location of the Historic District? Yes X No_ Building —, C rlU Is Property Located in ��TT the Conservation Area? Yes No_ BUILDING PERMIT APPLICATION FOR: Permit to: (Circle whichever apply) Roof, Reroof, Install Siding, Construct Deck, Shed, Pool, Repair/Replace, Other: LgRgAw TY.,6d7� PLEASE FILL OUT LEGIBLY &COMPLETELY TO AVOID DELAYS IN PROCESSING TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's Name ��L�.4,y �JnJnkJ�C Address & Phone , s Architect's Name Address & Phone ( ) Mechanics Name Address & Phone What Is the purpose of building? SS()LLi��`h vim(y be�S'21J.�ciirc! Material of building? 6Y/�� If a dwelling,for how many families? Will building conlonn to law? Asbestos? Estimated cost d W o city License# N A State License M Rom Improvement Lie. / Signature of Applicant SIGNED UNDER THE PENALTY OF PERJURY DESCRIPTION OF WORK TO BE DONE 11 �Siyd1� APIa A-) ff0141, &)d2c-1Y c MAIL PERMIT TO:� a LI C l�r�S7iUt,�-I S l No. 's APPLICATION FOR PERIy O LOCATION J PERMIT GRANTED . r Ll5 APp7D - t r IN RECTOR F BUILDINGS 26 Chestnut St. Salem Library & Mud Room Sean O'Connor 0 ZD Libra r-55116" Mud Room 2r-2 pr 37AD 112" ( 26' Chestnut St. r 4 - CITY OF SALEMs, MASSACHUSETTS BOARD OF APPEAL �i cFi. IiA C _ '.h''S OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHON t: 978-749-9595 FAX. 978-740-9946 2UH APR I I A 10: 02 DECISION ON REMAND ORDER OF THE LAND COURT TO REHEAR THE PETITION OF SEAN O'CONNOR, REQUESTING A SPECIAL PERMIT, PER SECTION 5-3 (b)(11), TO CONVERT HISTORIC CARRIAGE HOUSE TO SINGLE-FAMILY UNIT FOR PROPERTY LOCATED AT 26 CHESTNUT STREET, R-1 A re-Hearing on said Petition pursuant to a Remand Order of the Land Court Piper J., dated February 7, 2006, was held on March 29, 2006, with the following Board members present:: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides, Richard Dionne and Bonnie Belair. 1. Petitioner, Sean P. O'Connor, is requesting a Special Permit to allow use of a historic carriage house to be used as a single-family dwelling for the property located 26 Chestnut Street, located in an R-1 Zoning District. 2. Petitioner's original Petition and Request for Relief was denied after public notice and Hearing. A copy of said Decision, dated September 21, 2005, whereby the Board of Appeal voted, three in opposition and two in favor, to deny the Special Permit request, is attached hereto as Exhibit 1. 3. Petitioner filed a timely Appeal, challenging the legality of said Special Permit Denial with the Land Court, with proper notice to all interested parties. 4. Litigation proceedings commenced thereafter. 5. A Remand Order entered, after initial litigation and case management conferences, signed by Judge Piper of the Land Court, dated February 7, 2006, ordering that a new Hearing for said Special Permit relief be granted the Petitioner, and that this Board enter a revised Decision, consistent with said Remand Order and the Land Court's interpretation of the relevant Salem Zoning Ordinance provisions in dispute. The Land Court retains jurisdiction over this case, including any Appeals which may be taken, or actions brought from or relating to the Board's further proceedings herewith, and the Board's revised Decision. 6. Petitioner, once again, requests a Special Permit from the Board to allow use of a historic carriage house to be used as a single-family dwelling for the property located 26 Chestnut Street, located in R-1 Zoning District. 7. The relevant provisions of the Salem Zoning Ordinance applicable to this request for a Special Permit include the following: Pursuant to Article V Section 5-3 (a) generally. Provided that permission of the Board of Appeals is obtained in accordance with the procedures and conditions set forth in Section 9-4 hereof, buildings and structures may be constructed, altered, enlarged, reconstructed, and land may be used for one or more of the purposes set out in this section. Pursuant to Article V Section 5-3 (a) and (b) (11), the following are Special Permit uses in the residential, conservation and one-family residential districts: (11) A historic carriage house for use as a single-family dwelling as an accessory use to a principal dwelling on the same lot, provided that parking requirements are met and upon the condition that there shall be no change to the exterior of the historic carriage house unless approved by the Historical Commission. 2 Pursuant to Section 9-4 regarding Special Permits, pursuant to 9-4(a). In hearing and deciding applications for Special Permits, the Board of Appeals shall decide such questions as are involved in determining whether such Special Permit shall be granted, and shall grant Special Permits with such conditions and safeguards as are appropriate under this Ordinance, and shall deny Special Permits when not in harmony with the purposes and intent of this Ordinance. The Board of Appeals shall not have the power to grant any Special Permit where use of land or structure is specifically excluded from the district. Pursuant to Section 9-4 (c), a Special Permit shall not be granted by the Board of Appeals unless and until written application for the Special Permit is made, stating the grounds on which such permit is requested and public notice and hearing is held in accordance with Chapter 40A, and unless said application complies in all other respects with provisions of this Zoning Ordinance. Pursuant to 9-4 (d) violation of such conditions and safeguards as are made a part of the terms under which the Special Permit is granted shall be deemed a violation of this Ordinance. The Board of Appeals, after careful consideration of the evidence presented at the re-Hearing, and after thorough review of the Plans and Petition submitted herewith, makes the following findings of fact: 1. The Petitioner in this Remand Hearing was represented by Attorney William Quinn, of Tinti, Quinn & Grover, Salem, MA. 3 2. Attorney Quinn presented a Petition, Plans and multiple exhibits in support of this Petition. 3. Petitioner noted that the locus was located within a newly created R-1 Zoning District for the Chestnut Street historic area. 4. Petitioner provided convincing legal authority from the Land Court proceedings above-referenced that the presence of the locus in question in a newly rezoned district, formerly zoned R-2, recently rezoned R-1, is legally irrelevant and immaterial to the issue of the request for a Special Permit. 5. Petitioner noted that a review of the Salem Zoning Ordinance, as it relates to the conversion of historic carriage houses to single-family homes, in fact, is a specially permitted use in R-1 and R-2 and even R-3 Zoning Districts. (See Article V Section 5-3 (c)(5) and Article V Section 5-3 (d)(b)(8) of the Ordinance). 6. In summary, Petitioner persuasively noted, with the assistance of the Land Court Order, that the Salem Zoning Ordinance, as amended, on or about 1984, relative to conversion of historic carriage houses built before 1900, permit said use/conversion with Special Permit in single-family, two-family and even in multi-family Salem use Zoning Districts, designated R-1, R-2 and R-3. 7. Petitioner further presented unrebutted evidence that the premises in question qualify as a historic carriage house as defined in the Salem Zoning Ordinance, pursuant to Article II Section 2-2 (b), regarding accessory building or use and historic carriage house. 4 8. The Salem Zoning Ordinance defines historic carriage house as, "An accessory or out-building, originally built to house carriages, horses or for use as a barn, that has been in existence since 1900 at its present location." Article II Section 2-2 (b). 9. In that regard, Petitioner presented evidence, including photographs and documentary, that this large structure was not only barn-like in scope, but was listed in the atlas of the City of Salem, Massachusetts, dated 1897, as premises owned on or about that date by one Eliza A. Hoffman, referencing a main home and a carriage-like structure, designated 26 Chestnut Street. (See Exhibit 2 attached).' 10. Next, Petitioner represented that the carriage house would be used as a single-family home accessory to the principal large dwelling, which contains approximately 10 bedrooms. 11. Petitioner further represented that the conversion from carriage house to single-family accessory use was indicated by a need to provide a single family residence on the 26 Chestnut Street compound for his in-laws from Brazil, who, often times, stay with the Petitioner and his family for an extended period of time, in the range of approximately three months or more, making a separate single-family home accessory to the principal dwelling reasonable and desirable. 12. Next, Petitioner referenced plans indicating adequate parking on the plans presented, pursuant to the applicable Salem Zoning That said structure may have been used for other purposes, including residential, after 1900, does not disqualify the structure as a historic carriage house. (See Remand Order). 5 Ordinance parking regulations, including at least three designated parking spaces shown on said plans, 19' x 9, times three spaces, two exterior on the noted gravel driveway, with a third within the existing garage. (1.5 spaces/unit) 13. Petitioner additionally represented that any and all changes to the historic carriage house, now in substantial disrepair, would be made internally, in a good and workmanlike and building-code manner, and that no change to the exterior of the historic carriage house would be made, pursuant to 5-3(b)(11), unless and until approved by the Historic Commission, under prevailing and governing Historic Commission and Historic District rules, regulations and ordinances. 14. The Petitioner presented a Petition from neighbors and abutters in favor of the conversion. 15. Several neighbors and abutters spoke in favor of the Petition, indicating that it would not be detrimental to, but, in fact, would benefit the neighborhood: improved carriage houses increase property values and enhance the pristine historic character of this neighborhood. 16. One neighbor spoke in opposition, challenging the alleged illegal attempt at creation of a separate, detached single-family dwelling on Chestnut Street, within a newly created single-family district and within a historic district, allegedly inconsistent with the intention of the Salem Zoning Ordinance, as amended, to prevent continued multi-family uses within the Historic District, in general, and Chestnut Street, R-1, in particular. 6 17. Petitioner did acknowledge neighborhood concerns regarding ownership and use of the premises at 26 Chestnut Street, including a single-family main residence and the proposed new accessory single-family home, formerly a historic carriage house. 18. Petitioner not only addressed this concern, but agreed to take irrevocable legal steps to ensure that the historic carriage house, as converted to a single-family home, under this ordinance, be permanently maintained in common ownership with the primary residence and not be severed by land division or creation of a condominium, co-op, or the like. 19. The Board also takes notice of certain findings from the Land Court and its Remand Order, indicating that to impose a condition on the granting of the Special Permit in question along the lines above- noted in paragraph 18, would be consistent with the Salem Zoning Ordinance, in general, and the Ordinance provision permitting conversion of historic carriage houses to single-family homes, in single-family, two-family and multi-family residential districts, in particular, and is within the authority, power and discretion of the Board.' 20. In this regard, the Petitioner specifically indicated that it would agree to reasonable and related conditions on the Special Permit z Although the Board also notes from Remand Orders and litigation case management documents that the relevant Salem Zoning Ordinance does not contain any requirement that such single- family occupancy of a historic carriage house, as defined by the Salem Zoning Ordinance, may, by Special Permit, be limited to family members, parents or in-laws of the Petitioner, and that imposition of such a limitation, as indicated in a prior Hearing Decision of this Board, would be unlawful as inconsistent with Salem's stated public policy of allowing such conversions to preserve historic carriage houses in all residential districts, R-1, R-2 and R-3. No such condition or limitation is contained, expressly or by implication, in this Decision. 7 that a maximum of two residential dwelling units for the total parcel in question would remain as the sole residential dwelling units hereinafter. 21. The Petitioner further agreed that the subject land parcel shall never be subdivided or otherwise divided hereinafter. 22. The Petitioner further agreed that a restrictive covenant, attached hereto as Exhibit 3, be made a part of this agreement, and that under the terms of the agreement, the Petitioner was granting to the abutting landowner, presently Annie Clay Harris and Andrew Lippman, trustees of 28 Chestnut Street Nominee Trust, rights under restrictive covenant to enforce the terms and conditions of this Special Permit; the intent of said Covenant being to ensure the continuance of single ownership of the principal dwelling and historic carriage house as an accessory use thereto, and that the property remain as one lot, with single ownership, now and hereinafter, for any and all subsequent conveyancing, title, ownership, and use purposes. 23. The Petitioner also agreed to a special condition of the granting of this Special Permit in the attached Exhibit 4. On the basis of the above findings of fact, and in further consideration of the Remand Order of the Land Court, and all of the facts and evidence and documents and plans presented at Hearing, the Board of Appeals, pursuant to all applicable Zoning provisions above-noted, concludes as follows: 1. The large barn-like structure at 26 Chestnut Street, in an R-1 Zoning District, is a historic carriage house and an accessory use to 8 the principal building, as defined under the Salem Zoning Ordinance. Article II Section 2-2 and Article V Section 5-3 (b)(11). 2. The plans submitted provide adequate parking pursuant to all applicable Salem Zoning Ordinance parking regulations. 3. Petitioner has agreed that there shall be no change whatsoever to the exterior of the historic carriage house unless and until authorized by the Historic Commission. 4. Pursuant to the Remand Decision, the Board finds that Petition would enhance, rather than detract from, the neighborhood. 5. The Board further finds that the Special Permit use is in harmony with the intent and purpose of the Zoning Ordinance in general. 6. Lastly, the Board finds that it is the express public policy of Article II Section 2-2 (b)(11) that historic carriage houses shall be preserved in the City of Salem, and that this Petition is consistent with that important public policy determination and shall be granted. WHEREFORE, the Salem Zoning Board of Appeals votes, 4 in favor and 1 in opposition, to grant to Special Permit request, subject to the following conditions . . . 9 1. Petitioner shall comply with all City and State statures, ordinances, codes and regulations. 2. All construction shall be doe as per the plans and dimensions submitted 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 shall 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 authorize Petitioner to demolish or deconstruct any structure (s)on the property to an extent greater than 50%of the structure as measured by floor area or replacement cost. If a structure on the property is demolished by any means to an extent of more than 50%of its replacement cost or more than fifty percent of its floor area at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. 9. No changes to the exterior of the historic carriage house. 10. Petitioner cannot exceed the maximum of two (2) dwelling units on site. 11. Land parcel shall not be divided. 12.No action shall be undertaken by the owner which would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. This include, but is not limited to, subdividing of the lot, creation of a condominium or cooperative, or the alienation of common ownership in any way of the historic carnage house from the principal dwelling. SPECIAL PERMIT Edward Moriar �C�, GRANTED MARCH 29, 2006 Board of Appe 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 Certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal ALEM. MA CL'ERK'S OFFICE RESTRICTIVE COVENANT 2015 OCT I I P 2, 23 SEAN P. O' CONNOR, of 24 Chestnut Street, Salem, Essex County, Massachusetts 01970 , owner of land at 26 Chestnut Street in Salem, Essex County, Massachusetts, as more particularly described shown on "Plot Plan of Land, 26 Chestnut Street, Salem, Property of Sean P. O'Connor" , dated February 14, 2005, prepared by North Shore Survey Corporation, which plan is to be recorded herewith, hereby creates the restrictions recited below for the benefit of the abutting property, 28 Chestnut Street, owned by Andrew B. Lippman and Annie Clay Harris, Trustees of 28 Chestnut Street Nominee Trust, their successors and assigns, as well as abutting properties on Chestnut Street, in order to preserve the character of the single-family lots on the street: 1 . The renovation of the historical carriage house as an accessory use to the principal dwelling on the same lot shall be done in accordance with the terms and conditions of the Salem Zoning Ordinance, Section 5-3 (b) (11) . 2 . No actions shall be undertaken by the owner which would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. This includes, but is not limited to, subdividing of the lot, creation of a condominium or cooperative, or the alienation of common ownership in any way of the historic carriage house from the. principal dwelling. This covenant is not intended to prevent an otherwise lawful rental of the carriage house dwelling unit . These restrictions are intended to take effect as restrictions governed by M.G.L. c . 184, §27-30, shall run with the land, and shall be binding on our successors and assigns . It is the intent of these restrictions to assure the continuance of single ownership of the principal dwelling and historic carriage house as an accessory use thereto, and that the property remain as one lot with single ownership. 1 For my title, reference is made to deed of Theresa W. Kavanagh to Sean P. O, Connor dated November 9, 2004 and recorded with the Essex South District Registry of Deeds in Book 23624, Page 161 . WITNESS my hand and seal this 7, 7, day of September, 2005 . I SEAN P. O' CONNOR COMMONWEALTH OF MASSACHUSETTS Essex, ss . September 21, 2005 On this day of September, 2005, before me, the undersigned notary public, personally appeared SEAN P. O'CONNOR, proved to me, t� rough satisfactory evidence of identification, which were /Ilytm /JCP*'A-e— , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (SEAL) *Puublic y commissionexpires : 2 � X ATLAS OF CITY OF . SALEM MASSACHUSETTS, INCLUDING, ALSO, THE TOWNS OF BLEREAD, PEABODY AND DANVERS, H. E. HALFPENNY, F. B. PERKINS, C. A. POTTS, W. C. FRONK. BUSINESS REPRESENTATIVES: THOMAS W. HASSAN, W. B. DONALD. PUBLISHED BY L. J . RICHARDS & CO . , SPRINGFIELD, MASSACHUSETTS. 1897. i I �t �e• s Sf'a� 3 i y zd:y5 z e , \ 4 Ire A. \ _l w G Bq RH ; ✓ 9ALCOMB \ O'GOA y�J. BA'/pGC, A. CHAPEL \ TON 111 n \ n 1 R O,T I 1 Op ffr W I N P G/FFORO \� � Ge �O J I n I L'.s'T pf 21 nlb ` I PSON L-xr ; BfN� JNR fv f MA BfR TRAM 1 \`\ I I I/VIII \ I FJ'r' CI L I CANO n \I1 pE yI BE N I n '�✓ �` ly 1 C CRCAyE R C-f I � y C 'K E R I N G` ---------- - ------- ��\` T - I 3 I cn B. yl' XTONE Lr ly r � 1 'P Dy Z ` N ' GOOdy M s / 7 / ` "IA SABL AIM.�yC //,'� r /pe I �4 O GaAJ w4 J"5 ..... I -.....1 1.. q 1 /ill :✓ r .../: 1 .. I .. RGi. ,o_ 1� �'. Certificate No: 732-08 Building Permit No.: 732-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 26 CHESTNUT STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR 26 CHESTNUT STREET This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Thu Jul 31,2008 — V ------------ -- 2008 Des Launers Municipal Solutions,Inc. -------- --------------------------------------------------------------- .CO V30VE AU CITY OF SALEM BUILDING PERMIT 26 CHESTNUT STREE 732-08 GIS#: 19563 COMMONWEALTH OF MASSACHUSETTS Map: 25 Block: CITY OF SALEM Lot: 0224 Category: REPAIR/REPLACE Permit# 732-08 BUILDING PERMIT Project# JS-2008-001110 Est. Cost: $20,000.00 Fee Charged: $145.00 Balance Due: $:00 PERMISSIONIS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires Use Group: applicant Lot Size(sq.ft.): 19926.0864 Zoning: R2� -10WneY: OCONNOR SEAN P Units Gained: Applicant: OCONNOR SEAN P Units Lost AT: 26 CHESTNUT STREET Dig Safe#: ISSUED ON. 17-Jan-2008 AMENDED ON: EXPIRES ON. 17-Jul-2608 TO PERFORM THE FOLLOWING WORK: INSTALL KITCHEN LAUNDRY&EGRESS STAIRS IN CARRIAGE HOUSE jhb POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: - Excavation: Service: Meter: Footings: Rough: Rough: Rough:Ol{ Ab-i.- .Z/IY/p� Foundation: I Final//0*,W Final: Final Hough Fran 9, 06 "ry( �I Fireplace/ him y: p D.P.W. Fir p � Health ? V/I Insulatio Meter: Oil: _ HouseN Smoke: Final: _ _ u [ 1010 o ry' lea p': Water: Alarm: / O� Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATI O S RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING PEC-2008-001455 17-Jan-08 3918 $145.00 �` GeoTMS8 2008 Des Lauriers Municipal Solutions,Inc. n YSQYE AO CITY OF SALEM BUILDING PERMIT ' Moto - Can Fight df AIDS Ol YE You can also contribute to the state's Organ Transplant Fund,the Wildlife Conservation and the Massachusetts United States Oly CITY OF SALEM9 MASSACHUSETTS I ,' `;i 'ALEM. MA y BOARD OF APPEAL CL nK'S OFr""ICE 6 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 Z905 OCT I I P Z. 23 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 A hearing on this petition was held on September 21, 2005 with the following Board Members present: Richard Dionne, Bonnie Belair, Edward Moriarty, Robin Stein and Nicholas Halides. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit to allow use of historic carriage house to be used as a single family dwelling for the property located at 26 Chestnut Street located in an R-1 Zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 0), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after reviewing the plans, makes the following findings of fact: 1. Within the matrix of relevant Salem Zoning Ordinance Citations above=referenced, the Petitioner alleges the existence of a historic-carriage house in a single-family zoning district, which will allegedly promote the public health, safety, convenience, morals and welfare of the city's inhabitants in general, and is otherwise in harmony with the purpose and intent of this Zoning Ordinance. 2. Petitioner, Mr. Sean P. O'Connor of 26 Chestnut Street, Salem is in an R-1 Zoning District, was represented by counsel at this proceeding, Mr. Scott Grover. 3. Attorney Grover presented plans and documents and legal arguments in support of the petition. DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 4. According to Attorney Grover, the relevant provisions of the Salem Zoning Ordinance for the requested Special Permit Use in question, relate to Section 5-3(c)(5), which allows as a special permitted use a historic carriage house in a single-family district. 5. According to Attorney Grover, said carriage house may be used, "as a single-family dwelling at the property located at 26 Chestnut Street, pursuant to said Special Permit." 6. Attorney Grover presented plans indicating an intent to renovate said carriage house for use as a single-family dwelling. 7. According to Attorney Grover, the renovation would involve minimal change to the exterior of the structure, and that any and all changes will be subject to the jurisdiction of the Historic Commission pursuant to the Salem Zoning Ordinance Special Permit Use Provisions. 8. Attorney Grover alleged that parking was also adequate under the terms of the Ordinance and would be provided for the new dwelling, as well as the existing dwelling, pursuant to the plans submitted. 9. According to Attorney Grover, since multi-family uses are common in this neighborhood, and since there are further, allegedly several, historic carriage houses that are being used as accessory multi-family dwelling units, the Permit requested should be granted. 3 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 10.According to Attorney Grover, the facts, circumstances, and plans submitted would provide for a lawful use of the historic carriage house as a single-family dwelling as an accessory use to the principal dwelling at the address, and would not be a substantial detriment to the neighborhood and would not be in substantial derogation from the intent or purpose of this Zoning Ordinance. 11.Attorney Grover further presented documentary evidence in support of the proposal, the intent of which was to create by restrictive land covenant with adjoining premises, at 28 Chestnut Street, and by way of a special condition to the proposed request for relief, that the Petitioner would take no action that would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. 12.The language of the proposed condition and the restrictive covenant, (Exhibit A and Exhibit B attached) according to Attorney Grover, would mean that the condition and covenant would not be limited to a special permit prohibition against sub-division of the lot, but would also prohibit creation of a condominium or a co-op, and would prohibit any alienation of common ownership in any way of the carriage house from the principal dwelling. 13.In effect, according to Attorney Grover, the relief requested would not result in a condominium or a co-op, which might be deemed inconsistent with the new R-1 Zoning District for Chestnut Street and its immediate environs. 4 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 14.Several neighbors and/or abutters spoke in favor of the Special Permitted Use request of the historic carriage house as a single-family dwelling, including, but not limited to, the immediate abutters of Sean O'Connor, at 28 Chestnut Street, Annie Clay Harris, and her husband, Andrew P. Lippman, beneficiaries of the proposed restrictive covenant above- described. 15.One neighbor specifically did address the general concern of the neighborhood that, although the plans as proposed were acceptable to the neighborhood, and although Mr. Sean O'Connor's present intentions to utilize the carriage house as a single-family dwelling for family members was entirely laudable, that there was nonetheless an abiding concern about what might happen to the main house and/or the carriage house if Sean O'Connor sold the property to someone else. 16.This neighbor was particularly concerned about what might happen not just 5 or 10 years down the road, but 30 years down the road, and whether or not, despite the best intentions of all present, that somehow or another, separate ownership, separate deeds and the like, might inevitably emerge from this Special Permit scenario, resulting in condominiums, co-ops, and the like. 17.Members of the Board expressed grave concern about use of the premises as a two-family or multi-family use, notwithstanding the Petitioner's representation that the main house would be used by the Petitioner and the carriage house would be used by his family members/parents/in-laws only. 5 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 18.The Board members noted the very recent change in Chestnut Street Zoning and its immediate environs from an R-2 to an R-1 District, (on or about 1/27/05), establishing an immediate, clear, present and inalterable legislative determination that Chestnut Street is, and will forever hereinafter be, a single-family district where no two-family nor multi- family uses shall ever occur as of right in this unique, historic Salem neighborhood. 19.In deference to said legislative action, the Board required that Petitioner show evidence that the alleged carriage house was of the historic carriage house nature required by the Ordinance, namely that it was used as a carriage house or barn, and that it had been in existence since 1900 at its present location. 20.The Petitioner did establish that this, in fact was the case, and that the premises, were constructed circa 1840, as a main house with carriage house/barn detached. 21.Next, one Board member suggested that, if there was any evidence that the carriage house had been utilized since 1900 as other than a carriage house, (namely a structure to house carriages, horses, or for similar barn uses), that this particular carriage house's use/history did not fall within the definition of historic carriage house noted in the Salem Zoning Ordinance at Article II, Section 2-2. 22.Evidence was further presented by Ms. Annie Harris indicating that the carriage house, to her knowledge as a direct abutter, was used as a residence and had and has elements of residential structural character, 6 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SEPCIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 including a kitchen and a bathroom, but has not been so used for 20 years. 23.Finally, the Board specifically inquired of the Petitioner, through his counsel, whether or not the Petitioner would be willing to place a further restriction on the Special Permit with express conditions that the carriage house would be utilized as a single-family accessory use only, and that the use would be further limited to family members only, including children of the owners, or parents of the owners, or in-laws of the owners of the principal dwelling only. 24.After consultation with counsel, the Petitioner indicated he was not agreeable to such a condition. On the basis of the above Findings of Fact, and all the evidence presented at Hearing, testimonial, documentary, and plans, the Board of Appeals, pursuant to the applicable Zoning Provisions above-noted, concludes as follows: 1. Petitioner's proposal will not promote the public health, safety, convenience, morals and welfare of the City's inhabitants. 2. The Special Permit requested, especially without a further condition that the use of said carriage house as a single-family home be limited to family members, to include children, parents, and in-laws, only, is further not in harmony with the purpose and intent of this Zoning Ordinance, in general, and the recent Zoning change of Chestnut Street from R-2 to R-1, on or about January 27, 2005, in particular. 7 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 3. The Board of Appeals has further determined that since the carriage house in question had been used, albeit not in 20 years, but had been used as a residence, and had and has residential characteristics and facilities, including, but not limited to, a bathroom and a kitchen area, that said carriage house is not a historic carriage house within the meaning and intent of the Salem Zoning Ordinance, which requires that said structure be used as a carriage house, and in existence since 1900, at its present location. 4. In the event that the Board's carriage house determination is deemed unlawful, hereinafter, in any subsequent legal proceeding, in any court of competent jurisdiction, the Board of Appeals relies, in the alternative, on the legal conclusions noted in paragraphs 1 and 2 above only, and the Findings of Fact above-referenced. WHEREFORE, the Salem Zoning Board of Appeals votes three (3) in opposition and two (2) in favor to Deny the Special Permit request. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied September 21, 2005 Edward Moriarty Board of Appeal 8 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 Certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal Cil Y Ur SALEM. MA CLERK'S OFFICE RESTRICTIVE COVENANT 015 OCT I I P 2: 23 SEAN P. O' CONNOR, of 24 Chestnut Street, Salem, Essex County, Massachusetts 01970, owner of land at 26 Chestnut Street in Salem, Essex County, Massachusetts, as more particularly described shown on "Plot Plan of Land, 26 Chestnut Street, Salem, Property of Sean P . O'Connor" , dated February 14, 2005, prepared by North Shore Survey Corporation, which plan is to be recorded herewith, hereby creates the restrictions recited below for the benefit of the abutting property, 28 Chestnut Street, owned by Andrew B. Lippman and Annie Clay Harris, Trustees of 28 Chestnut Street Nominee Trust, their successors and assigns, as well as abutting properties on Chestnut Street, in order to preserve the character of the single-family lots on the street: 1 . The renovation of the historical carriage house as an accessory use to the principal dwelling on the same lot shall be done in accordance with the terms and conditions of the Salem Zoning Ordinance, Section 5-3 (b) (11) . 2 . No actions shall be undertaken by the owner which would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. This includes, but is not limited to, subdividing of the lot, creation of a condominium or cooperative, or the alienation of common ownership in any way of the historic carriage house from the principal dwelling. This covenant is not intended to prevent an otherwise lawful rental of the carriage house dwelling unit . These restrictions are intended to take effect as restrictions governed by M.G.L. c. 184, §27-30, shall run with the land, and shall be binding on our successors and assigns . It is the intent of these restrictions to assure the continuance of single ownership of the principal dwelling and historic carriage house as an accessory use thereto, and that the property remain as one lot with single ownership. 1 ' � r For my title, reference is made to deed of Theresa W. Kavanagh to Sean P. O' Connor dated November 9, 2004 and recorded with the Essex South District Registry of Deeds in Book 23624, Page 161 . WITNESS my hand and seal this Z 2 day of September, 2005 . SEAN p. O' CONNOR COMMONWEALTH OF MASSACHUSETTS Essex, ss . September o a , 2005 On this day of September, 2005, before me, the undersigned notary public, personally appeared SEAN P. O'CONNOR, proved to me tt}rough satisfactory evidence of identification, which were [�✓�y- - PP S , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (SEAL) Alic ion expires: 2 No action shall be undertaken by the owner which would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. This includes,but is not limited to, subdividing of the lot, creation of a condominium or cooperative, or the alienation of common ownership in any way of the historic carriage house from the principal dwelling. cc: City Solicitor - 10/26/05 Chair_m_an Bd._of Appeals Board of Appeals tt o � C:) M m y :70o N vic. Om Ix N n' .. m-z D NOTICE OF JUDICIAL APPEAL OF ZONING DECISION TO MASSACHUSETTS LAND COURT Sean O'Connor, as Plaintiff in the attached Complaint, hereby gives notice that he has appealed the Decision of the Salem Board of Zoning Appeal entitled "Decision on the Petition of Sean O'Connor Requesting a Special Permit for the Property Located at 26 Chestnut Street R-1" dated September 21, 2005, and filed with the office of the Salem City Clerk on Oct. 11, 2005. A copy of the Complaint, filed as Land Court 05 Misc. Case No. 314924 on Oct. 26, 2005, is attached hereto. Sean O'Connor By his attorney, William F. Quinn BBO No. 409300 Tinti, Quinn, Grover&Frey, P.C. 222 Essex Street Salem, MA 01970 (978) 754-8065 Dated: Oct. 26, 2005 Commonwealth of Massachusetts Essex, ss. Land Court Department Misc. Case No. 05 MISC 314924 CD SEAN PLAINTIFFLOAOR, �IIIIIIIIIIIIi VIII IIIII�II�IIIIIIIIIIIIII��IIIIIIIIIIIIIIIIIIIIIII �' r.� V. cn RICHARD DIONNE, BONNIE cn BELAIR, EDWARD MORIARTY, ROBIN STEIN, NICHOLAS HELIDES,AND NINA COHEN, CHAIRPERSON, BEING THE MEMBERS OF THE ZONING BOARD OF APPEAL OF THE CITY OF SALEM ,m c, C> m COMPLAINT FOR ZONING APPEAL Cr 1 UNDER MGL CH. 40 A SECTION 17 D o INTRODUCTION M W D Cr This is an appeal seeking to annul a decision of the Zoning Board of Appeal of the City of Salem,MA("the Board") filed with the Salem City Clerk on Oct. 11, 2005 denying a Special Permit to the plaintiff, on the grounds that the Board's decision was arbitrary, capricious, unreasonable, exceeded the Board's authority, was based upon legally untenable grounds and was wrong as a matter of law. i PARTIES 1. Plaintiff Sean P. O'Connor is an adult who owns and resides at the property known as 26 Chestnut Street, Salem, Essex County, MA("plaintiff"or "O'Connor"). I I a 2. Defendant Richard Dionne is a member of the Zoning Board of Appeal of the City of Salem, MA(collectively "the Board") who resides at 23 Gardner Street, Salem, MA. 3. Defendant Bonnie Belair is a member of the Board who resides at 113A Federal Street, Salem, MA. 4. Defendant Edward Moriarty is a member of the Board who resides at 29 Winter Island Road, Salem, MA. 5. Defendant Robin Stein is a member of the Board who resides at 141 Fort Avenue, Salem, MA. 6. Defendant Nicholas Helides is a member of the Board who resides at 20 Central Street, Salem, MA. 7. Defendant Nina Cohen is a member and the Chairperson of the Board, whose residential address is 22 Chestnut Street, Salem, MA, and serves as the Chairperson of the Board. JMSDICTION 8. The Court has jurisdiction of this matter under Mass. G.L. Chapter 40A Section 17. 9. This case is timely, as it has been filed within 20 days from October 11, 2005 when the Board's decision was filed with the Salem City Clerk. FACTUAL ALLEGATIONS 10. The Plaintiff owns the land and buildings at 26 Chestnut Street, Salem, Essex County, MA ("the Property"). 2 11. The Property consists of a single-family residence located on about 19,772 square feet of land, together with a second detached building presently used as an accessory garage. Ex. 1. 12. Plaintiffs accessory garage building is actually a "historic carriage house" which is defined by Section 2-2 of the Ordinance as " An accessory or out-building, originally built to house carriages, horses, or for use as a barn, that has been in existence since 1900 at its present location." Ex. 2. 13. In 1984, the City of Salem amended the Ordinance for the purpose of encouraging preservation of such historic carriage houses by allowing them to be used as single-family dwellings by Special Permit issued by the Board. Section 5-3 (Special permit uses) states as follows: (a) Generally. Provided that permission of the board of appeals is obtained in accordance with the procedures and conditions set forth in 9-4 hereof,buildings may be constructed, altered, enlarged and used and land may be used for one (1) or more of the purposes set out in this section. (b)R-C and R-1 Districts.... (11) A historic carriage house for use as a single-family dwelling as an accessory use to a principal dwelling on the same lot, provided that parking requirements are met and upon the condition that there shall be no change to the exterior of the historic carriage house unless approved by the historical commission." Ex. 3 14. On June 29, 2005, the Plaintiff made application to the Board requesting issuance of such a Special Permit allowing him to alter and use the historic carriage house as a single-family dwelling pursuant to Section 5-3 (b) (11). Ex. 4. 15. The Board conducted a public hearing on the application on September 21, 2005. 3 16. At the hearing, the Plaintiff presented specific evidence, including plans and testimony, that his application met all requirements of Section 5-3 (b) (11), in that a. the structure was originally built to house carriages, horses or a barn b. it has existed since before 1990 at its present location c. the Property is located in an R-1 zoning district d. his construction plans were to alter the carriage house for use as a single- family dwelling e. the property met the legal requirements for off-street parking for the two single-family residences, and f. there would be no change to the exterior of the historic carriage house unless approved by the Salem Historical Commission. 17. The Plaintiff further submitted evidence that the application would not be detrimental to the neighborhood, would promote the public health, safety, convenience and welfare and was in harmony with the purpose and intent of the Zoning Ordinance, including,but not limited to the following: a. several neighbors and abutters appeared at the hearing and spoke in support the plaintiffs application, testifying that not all historic carriage house structures in the neighborhood were being well maintained and that allowance of Plaintiffs application-would enhance the neighborhood by assuring that this historic carriage house would be restored and maintained as a single-family dwelling as allowed by the Ordinance; 4 b. the on-street parking situation in the neighborhood would not be adversely effected because the plans provided legally sufficient off-street parking for both dwellings; c. the addition of one additional single-family dwelling to the neighborhood was unlikely to be a substantial detriment to the neighborhood as there are a mix of single and 2-family residences already existing in the neighborhood; d. no resident of the neighborhood, or any other person, communicated with the Board, or spoke at the hearing in opposition the application; e. no evidence of any kind was submitted to the Board which in any could have supported a finding that the structure was not a historic carriage house as defined by the Ordinance, or that the application did not conform in all respects to the criteria of section 5-3 (b) (11); f. nor was any evidence of any kind submitted to the Board that could have supported a finding that the application was not in harmony with the purposes or intent of the Ordinance, or would not promote the public healthy, safety, convenience,morals or welfare. g. Plaintiffs counsel also addressed the Board and pointed out that because the intent of the Ordinance was to encourage the historic preservation of such carriage houses the this R-1 zone, and because this particular application met all of the criteria of Section 5-3 (b) (11) and further where no opposition or evidence of negative impact of any kind had been submitted, allowance of the application should be considered to be in harmony with the purpose and intent of 5 the Ordinance, and to promote the public health, safety welfare, morals and convenience. 18. At the hearing, one or more members of the Board asked Plaintiff to agree that if the application were approved, it would contain a condition requiring the carriage house be permanently maintained in common ownership with the primary residence, and not be severed by land subdivision or the creation of a condominium. 19. Plaintiff agreed to accept such a condition, believing it to be consistent with the requirement of section 5-3 (11) that the single-family use of the carriage house be "accessory" to the principal dwelling on the same lot, and Plaintiff went even further by submitting to the Board a suggested form for a recordable real estate covenant as an additional mechanism to enforce such a condition. 20. One or more Board members then asked Plaintiff to agree to a further condition that would limit the occupancy of the carriage house solely to his family members, parents or in-laws. 21. Plaintiff and his counsel declined to accept such a condition because the Ordinance contained no such limitation as a requirement for approval. Further,because such condition was likely to negatively impact Plaintiffs ability keep the carriage house tenanted and generating income for its maintenance, such a condition would be adverse to the public policy thatof preserving such carriage houses. By requesting such a condition, the Board was acting arbitrarily and exceeded its authority. 22. Members of the Board also raised the query of whether an earlier action by the City in 2005 to re-zone Chestnut Street from R-2 (residential two-family) to R-1 (residential single-family) should be considered as evidence that the public policy was to 6 not allow the special permit for conversion of a historic carriage house to allow a second single-family accessory use for properties on Chestnut Street. 23. Counsel for the applicant pointed out to the Board that Section 5-3 (b) (11) had not been repealed, remained in force and effect, and that by its terms, it specifically allowed the special permit in any R-1 zone, including Chestnut Street. 24. A member of the Salem City Council who was present at the hearing addressed the Board on this issue. He stated that he was a member of the City Council now, and at the time that the City Council held hearings and voted the rezoning of the Chestnut Street neighborhood from R-2 to R-1. He advised the Board that the City Council never had any intention to interfere with or repeal the provision allowing special permits to use historic carnage houses for single-family dwellings on Chestnut Street. 25. At the conclusion of the hearing, the Board voted to deny Plaintiffs application, and filed its written Decision with the Salem City Clerk on Oct. 11, 2005. Certified Copy attached as Ex. 4. 26. As to each of the following Counts, the Plaintiff re-alleges and incorporates all of the prior allegations contained in paragraphs # 1-25 above. COUNT I: 27. All of the evidence submitted to the Board tended to prove that the Plaintiffs application met all of the criteria for approval under section 5-3 (b) (11), that such approval would enhance rather than detract from the neighborhood, and that the application was consistent with the public policy of encouraging the preservation of historic carriage houses in the R-1 zone by allowing their use as single-family dwellings where they met such criteria. 7 28. Regardless of that evidence, and without any contrary evidence to support it, the Board voted to deny the application. 29. As a basis for its denial, the Board stated as a "finding" that " 1. Petitioner's proposal will not promote the public health, safety, convenience, morals and welfare of the City's inhabitants." 30. This "finding" is without any supporting evidence, and is, in fact completely contrary to all of the evidence presented to the Board. The "finding" is therefore erroneous, arbitrary, wrong as a matter of law, exceeded the Board's authority, and cannot be the basis of a decision by the Board. COUNT II: 31. As a second "finding" in support of its denial, the Board states that "2. The Special Permit requested, especially without a condition that the use of the carriage house as a single-family home be limited to family members, to include children,parents, and in-laws, only, is further not in harmony with the purpose and intent of this Zoning Ordinance, in general, and the recent Zoning change of Chestnut Street from R-2 to R-1, on or about January 27, 2005, in particular." 32. Section 5-3 (b) (11) allows a historic carriage house to be used as" a single- family dwelling", which, in turn, is defined under Section 2-2 of the Ordinance as "(A) detached building designed for or occupied by one (1) family only." 33. There is no requirement under the Ordinance that occupancy of a historic carriage house be limited to family members of the owner of the principal dwelling on the lot. 8 34. Where the Ordinance specifically allows for a historic carriage house to be used as a "single family dwelling", and where the intention of this provision was to encourage the preservation of historically significant carriage houses, and further where a condition limiting occupancy of the carnage house to family members would detract from the economic feasibility of such use, the Board's attempt to impose such condition was not in harmony with the purposes and intent of the Ordinance 35. The Board's denial because the applicant would not volunteer to accept this condition was arbitrary, wrong as a matter of law, exceeded the authority of the Board, and cannot be the basis of a denial. 36. Further, where Section 5-3 (b) (11) allows historic carriage houses to be used as single-family dwellings in R-1 zoning districts, it makes no logical or legal sense to find, as the Board did, that the previous re-zoning of Chestnut Street from R-2 to R-1 somehow implied an intention to exempt it from the provisions of Section 5-3 (b) (11). This finding was therefore unsupported by any evidence, arbitrary, wrong as a matter of law, exceeded the authority of the Board and cannot be the basis of a denial. COUNT III 37. To be considered as a "historic carriage house under the Ordinance, Plaintiff had to and did prove each of the following facts to the Board: a. that it was an accessory or out-building b. that it was "originally built to house carriages, horses, or for use as a barn" c. that it had "been in existence since 1900 in its present location." 9 38. The Board, in fact, found in Paragraph#20 of its Decision that the applicant did in fact establish these facts at the hearing by submitting evidence that applicant's premises were constructed circa 1840 as a main house with carriage house/bam attached. 39. Despite this finding, however, which should have been dispositive of the issue, the Board in its Decision went on to annunciate its own additional requirement that the structure had to "be used"as a carriage house since 1900, and, based upon evidence that at some time during its existence it may have been used as a residence, the Board found that this structure was not a historic carriage house. 40. The structure qualified as a historic carriage house under the Ordinance, which requires that it was "originally built to house carriages,horses or for use as a barn", The Ordinance contains no requirement that the structure had been so used throughout its existence. By unilaterally adopting such a requirement not contained in the Ordinance, the Board was acting arbitrarily, wrongfully as a matter of law and exceeded its authority. Such a finding cannot be a valid basis for a denial. REQUESTS FOR RELIEF The Plaintiff respectfully requests that the Court enter the following judgments for him, and against the Board. a. based upon the evidence, the plaintiff has met all requirements for a Special Permit to alter and use his historic carriage house as a single family dwelling as an accessory use to the principal dwelling on the same lot, provided that parking requirements are met and upon the condition that there shall be no change to the exterior of the historic carriage house unless approved by the historical commission. The Board's 10 denial of the application was arbitrary, unreasonable and wrong as a matter of law, and exceeded its authority. b. the Decision of the Board is annulled in full, and the Court either grant the Special Permit, or order that the matter be remanded to the Board for the further consistent with the findings of the Court. Sean O'Connor Plaintiff By his attorney, William F. Quinn BBO No. 409300 Tinti, Quinn, Grover&Frey, P.C. 222 Essex Street Salem, MA 01970 (978) 754-8065 Dated: Oct. 25, 2005 11 MAP 25 LOT 231 MAP 25 LOT 227 MAP 25 63.23' LOT 232 I` 60.97' MAP 25 LOT 226 b n 3 MAP 25 LOT 224 ON LINE AREA— 19,772 f S.F. GARAGE MAP 25 LOT 223 `v f m Im 9.0' 9.0' 1't DECK 41't LJ e GRAVEL — MAP 25 DRIVEWAY LOT 225 #26 9.0, 0 (D 121.67 in CHESTNUT STREET PLOT PLAN OF LAND p0Uf43Sgc5 26 CHESTNUT STREET "L SALEM sMnx PROPERTY OF I CERTIFY THAT THE BUILDINGS u Ro.3s i HEREON ARE LOCATED ON 4E �o �e` SEAN P. 0 CONNOR THE GROUND AS SHOWN. `°mA�s+"` SCALE i" = 20' FEBRUARY 14, 2005 2 I o� NORTH SHORE SURVEY CORPORATION c cs�� `� 47 LINDEN ST. — SALEM, MA A EG. PROF. LAND SURVEYOR #2442 Arc 4 f sa aetatt roxnra oia)INANM DEFINITIONS Fall sone: Mn area an the ground within the Licensed carrier. A company authorized by the prescribed radius from the base of a personal FCC to construct and operate a commardd mo- wiralea service facy.The fall zone is the area bile radio service systm within which there is a potential hazard Som falling debris (such as ice)or collapsing materiel. Lot:A parcel of land occupied or designed to be' Family: One (1) or more Persons oaypyiog a Occupied ccbuil��e Principal building and the ameemy dwelling unit and living together a, a eingla P Pal build' taci�� incident to the prat housekeeping unit;provided that a group principal mg, ding such yards and other d three (8) or more persons who are not within used °Pec°° as are arranged and to designed to be some degree of kinshipshall not be deemed t9 used with each buildings. Sudr let shall Lave constitute a family. frontage on an improved public street and may consist of a single lot of record,a portion of a lot of F10C:The Federal Communications Commis. record,or a combination of such lob or portions of tiaa. lots of record, provided that such lot is used for Garo8s, private: An enclosed space for the only we(1)principal use. parking or temporary storage of one (1) or mare Lot,corner:A lot which has an interior angle of automobiles, except that one (1) space may be lett than one hundred thirty--five(186)degrees at used for the automobile of a nonresident of the the intersection of two(2)streets A lot abutting a Pte. curved street or streets shall be considered a Guyed tower. A monopole or lattice tower that corner lot if straight lines tangent to the foremost is tied to the ground or other surface by diagonal Pointe of the side lot lines intersect at an interior cables. angle of less than one hundred thirty-five (136) Ground structure. A wireless communications degrees. structure anchored to the ground. Lot of record A lot which is part of a eubdivi- Height:The distance measured from the ground sion recorded in the registry of deeds or the land level or roof level, whichever is the base of the court or a lot or parcel described by metes and tower, to the highest point on the structure. bounds, the description of-which has been so F Historic carriage bows An accessory or out- recorded. building,originally built to house carriages,horses, Lot, through:A lot other than a corner'lot with or for use as a barn, that has been in existence frontage on more than one(1) street. since 1800 at its present location. Hospital A building In which physical and Marina: A waterfront area having a dock or mooring facilities for boats for rental p mental ailments of human beings are treated, roposer including convalescent care,as differentiated fivm fuel and oil for boats only may be sold on the clinics. premises. Shore facilities similar to motels may occupy contiguous land areas. Hotel,motel or inn:Abuilding containing rooms rented or hired out, or designed to be rented or Monopole:A type of mount that is self-support hired out, for sleeping Purposes by guests. A ing with a single shaft of steel or concrete and a . general kitcbea,dining room,drugstore or news- Platform(or racks)for panel antennas arrayed at stand,intended Primarily for serving the building'° the top. occupants and only incidentally the public, may be provided within the building or in an accessory Mount. The structure or surface upon which building. antennas are mounted, including the following four (4) types of mounts: roof-mounted, side. Lattice tower: A type of mount that is self• mounted (side of a building), ground-mounted, supporting with multiple legs and cross-bracing structure.mounted (structure other than a build. of structural ing). Supp.Na 3 6 ArL v.1 sa entad zoxaro 0RDINANM USE REGULATIONS the manufacturing, Moran food storage, he&above the highest building oeetrno. hoe nu1011faeturia8, including the straw tun within three hundred (8pp) horst of Of new materials and containers used in the proposed WCF. or Incidentalthat to o�perat� .gen (2) In the event that a WCD L to be conosalsd vtded that such a Are not s completely is a Pr xist(ng noandden- the City d Balm axohibited Aram tial structure (e;. steeples)phos for td riling to the Proposed concealed antenna shall be sub. schedule d prohibited uses in sec witted to the building inspsceoe ibr a tion 64US)bersin. written determination that the antenna is b. Are not dangerous by reason of hsa- not visible. and Jim See or explosiam (8) Antennas used for city and state C. Are not off ama� eusior detrimental,ares. a� services a� adely riorrs,noxious ae hazardous by sea, exclusively radio operatka eon of causing dust, emote, odor, and home television reception ars ez fumes, radiation, groundwater dis- eluded from this section, charge, noise, vibration. traffie oro►- (Ord. of 11-2()-87. 12) gestim ar other nuisance. d. Are compatible with adjacent nonan- Sm 6a. Bpeclal permit uses. dusttial uses. (a) GenemUy. Provided that permission of the (4) Laboratories or research facilities,includ- . board of appeals is obtained in accordance with ing medical and other research, provided the procedures and conditions set forth in section manufacturing is dearly incidental to the 94 bereof,buildings and structures may be con. operation of the facility, does not exceed str� ' altered enlarged,reconstructedand used. fifty(50)percent of the gross floor area of d land may be used for one (1) or more of the the building and is not offensive, injuri- Purposes set out in this section. ow,noxious,detrimental or hazardous by (b) R-C and R-2 Districts. The foll reason of dust, smote,odor,fumes,noise, special Permit uses in the residentialco�nsem V radiation, groundwater discharge, traffic tion and one-family residential dietrictw congestion or other nuisances. (1) Professional offices and other home occu. (6) Assembly or packaging of articles not ex Pations involving the use of a room or ceeding two hundred (200) pounds in rooms in a dwelling to carry on activities weight, provided that no manufacturing in which goods,wares or merchandise are or processing is carried out. not commercially created or handled,pro- (6) Food and beverage manufacturing, bot- vided that any such home occupation. fling or Processing or commissary, a. Shall be operated entirely within a dwelling unit,with no display visible (j) Personal wireless service Awdities. A wire- frrom the street. rs communication facility(WCF)can be located b. Shall be o _ �d allowed as a matter d right provided it is dents of the oplling unikerated only ik with not the ren meted within or on a Preexisting nonresidential more than one () regular employee Ming or municipal structure, not residing in the dwelling uaik� (1) In the event that a wireless communica- C. Shall utilize not more.than twenty. tion device (WCD) or structure (WCS) is five (26) percent of the groes now affixed to an existing nonresidential build. area of the dwelling unit. Ing or municipal structure such WCD or d. Shall display not more than ona (1) WG9 shall not exceed Siteea (16) feet in nonelectric announcement sign dan +p.No.3 14 USE REGULATIONS &*I=ZONING ORDD4MC& Art v,1" b. The ownership of the establishment principal dwelling an tbs acme 1of„ poo mud be a nonprofit charitable corpo- vided that parking requirements are mat ration so chartered by the Common- and upon the condition that thus shill b wealth of Massachusetts and so desig- no change to the exterior of the historic car nated by the Internal Revenue Service nage house union approved by the histor• of the federal government. ical commisdom c. The use of the premises shall be con- strued as being "public." There shall Specifically excluded from this category we be no restrictions of any type regarding (12)Music and dancing dudtos; membership In any organisation and/or club by race, creed or color while the (18)Barber shop and beauty parlors.• building is opened to the"public."How- (14)Food processing and catering of any kin& ever,the premises could be"rented or hired" for "public assemblies" or to (15)Any activity using electrical machinery other nonprofit corporations of a sim- which may interfere with radio or televi- ilar type a1 the owner,provided, how- sion reception in nearby dwellings. ever, that any such "rental"shall not (16)Any other activity which would be detri- exceed five (5) consecutive days nor mental to the neighborhood.. more than five(5)days in aay month nor more than forty (40) days in ally (17)Municipal buildings other than schoo*W twelve(12)months.A notice stating the brarles and fire lioness. intent of this usage must be filed with (18)Recreational buildings or arses operated by the city clerk, with a copy sent to the membership dubs for the benefit of their building inspector.at least ten(10)days members and not for gain, including non- before such usage Is contemplated. A profit clubs, lodges and f1raternal associa- written approval from the building in- tions. spector, with a copy sent to the city clerk,must be obtained before any such (19)Rooming or boarding of persona not in the usage. family. d. There shall be paved driveways at least (20) Hospitals and sanitaria for the treatment twenty-rive(25)feet wide with at least of human ailments, except one(1)paved walkway,five(5)feet wide lime. hated r, at the edge of the drive.The drive may subsections(6)through(8)above.However, not be "dead end" but must have at clinics, if built--within.feof Salem Hosand five least two(2)entrances to an established hundred(1,b00)feet of the Salem Hospital, public way. Such entrances if on the will be allowed same street shall be at least three bun- (21)Nursing or convalescent homes, or rest dred (800) feet apart, measured from homes. the nearest edge of the drive. No (22) Cemeteries parking shall be allowed at any time on the drive. (28)Multifamily dwellings. e. Off-drive parking spaces(in accordance (24)Philanthropic and charitable institutions. with design standards of section 7.8 herein) must be provided at a ratio of (25) Buildings, structures or land used or to be one(1)space for each thirty-six(86)feet used by a public service corporatiom of free floor area (equipment and ser. (26)Automobile service stations. vice rooms not included in such areas), plus one(1). (27)Any special permit uses for B•1, 8.29 B-4 (11) A historic.carriage house for use as a single• and l Districts. family dwelling as an accessory use to a (28) Open air motion picture theaters. J 15 o0 CITY OF SALEM, MASSACHUSETTS ci ; ',L! ;M. MA BOARD OF APPEAL L'! _ i5'$ OFFICE 120 WASHINGTON STREET, 3RD FLOOR �pMMe SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1095 OCT I I P 2� 23 MAYOR FAX: 978-740-9846 DECISION ON THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 A hearing on this petition was held on September 21, 2005 with the following Board Members present: Richard Dionne, Bonnie Belair, Edward Moriarty, Robin Stein and Nicholas Helides. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit to allow use of historic carriage house to be used as a single family dwelling for the property located at 26 Chestnut Street located in an R-1 Zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 Q), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after reviewing the plans, makes the following findings of fact: 1. Within the matrix of relevant Salem Zoning Ordinance Citations above--referenced, the Petitioner alleges the existence of a historic-carriage house in a single-family zoning district, which will allegedly promote the public health, safety, convenience, morals and welfare of the city's inhabitants in general, and is otherwise in harmony with the purpose and intent of this Zoning Ordinance. 2. Petitioner, Mr. Sean P. O'Connor of 26 Chestnut Street, Salem is in an R-1 Zoning District, was represented by counsel at this proceeding, Mr. Scott Grover. 3. Attorney Grover presented plans and documents and legal arguments in support of the petition. DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 4. According to Attorney Grover, the relevant provisions of the Salem Zoning Ordinance for the requested Special Permit Use in question, relate to Section 5-3(c)(5), which allows as a special permitted use a historic carriage house in a single-family district. 5. According to Attorney Grover, said carriage house may be used, "as a single-family dwelling at the property located at 26 Chestnut Street, pursuant to said Special Permit." 6. Attorney Grover presented plans indicating an intent to renovate said carriage house for use as a single-family dwelling. 7. According to Attorney Grover, the renovation would involve minimal change to the exterior of the structure, and that any and all changes will be subject to the jurisdiction of the Historic Commission pursuant to the Salem Zoning Ordinance Special Permit Use Provisions. 8. Attorney Grover alleged that parking was also adequate under the terms of the Ordinance and would be provided for the new dwelling, as well as the existing dwelling, pursuant to the plans submitted. 9. According to Attorney Grover, since multi-family uses are common in this neighborhood, and since there are further, allegedly several, historic carriage houses that are being used as accessory multi-family dwelling units, the Permit requested should be granted. 3 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 IO.According to Attorney Grover, the facts, circumstances, and plans submitted would provide for a lawful use of the historic carriage house as a single-family dwelling as an accessory use to the principal dwelling at the address, and would not be a substantial detriment to the neighborhood and would not be in substantial derogation from the intent or purpose of this Zoning Ordinance. 11.Attorney Grover further presented documentary evidence in support of the proposal, the intent of which was to create by restrictive land covenant with adjoining premises, at 28 Chestnut Street, and by way of a special condition to the proposed request for relief, that the Petitioner would take no action that would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. 12.The language of the proposed condition and the restrictive covenant, (Exhibit A and Exhibit B attached) according to Attorney Grover, would mean that the condition and covenant would not be limited to a special permit prohibition against sub-division of the lot, but would also prohibit creation of a condominium or a co-op, and would prohibit any alienation of common ownership in any way of the carriage house from the principal dwelling. 13.In effect, according to Attorney Grover, the relief requested would not result in a condominium or a co-op, which might be deemed inconsistent with the new R-1 Zoning District for Chestnut Street and its immediate environs. 4 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 14.Several neighbors and/or abutters spoke in favor of the Special Permitted Use request of the historic carriage house as a single-family dwelling, including, but not limited to, the immediate abutters of Sean O'Connor, at 28 Chestnut Street, Annie Clay Harris, and her husband, Andrew P. Lippman, beneficiaries of the proposed restrictive covenant above- described. 15.One neighbor specifically did address the general concern of the neighborhood that, although the plans as proposed were acceptable to the neighborhood, and although Mr. Sean O'Connor's present intentions to utilize the carriage house as a single-family dwelling for family members was entirely laudable, that there was nonetheless an abiding concern about what might happen to the main house and/or the carriage house if Sean O'Connor sold the property to someone else. 16.This neighbor was particularly concerned about what might happen not just 5 or 10 years down the road, but 30 years down the road, and whether or not, despite the best intentions of all present, that somehow or another, separate ownership, separate deeds and the like, might inevitably emerge from this Special Permit scenario, resulting in condominiums, co-ops, and the like. 17.Members of the Board expressed grave concern about use of the premises as a two-family or multi-family use, notwithstanding the Petitioner's representation that the main house would be used by the Petitioner and the carriage house would be used by his family members/parents/in-laws only. 5 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 18.The Board members noted the very recent change in Chestnut Street Zoning and its immediate environs from an R-2 to an R-1 District, (on or about 1/27/05), establishing an immediate, clear, present and inalterable legislative determination that Chestnut Street is, and will forever hereinafter be, a single-family district where no two-family nor multi- family uses shall ever occur as of right in this unique, historic Salem neighborhood. 19.In deference to said legislative action, the Board required that Petitioner show evidence that the alleged carriage house was of the historic carriage house nature required by the Ordinance, namely that it was used as a carriage house or barn, and that it had been in existence since 1900 at its present location. 20.The Petitioner did establish that this, in fact was the case, and that the premises, were constructed circa 1840, as a main house with carriage house/barn detached. 21.Next, one Board member suggested that, if there was any evidence that the carriage house had been utilized since 1900 as other than a carriage house, (namely a structure to house carriages, horses, or for similar barn uses), that this particular carriage house's use/history did not fall within the definition of historic carriage house noted in the Salem Zoning Ordinance at Article II, Section 2-2. 22.Evidence was further presented by Ms. Annie Harris indicating that the carriage house, to her knowledge as a direct abutter, was used as a residence and had and has elements of residential structural character, 6 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SEPCIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 including a kitchen and a bathroom, but has not been so used for 20 years. 23.Finally, the Board specifically inquired of the Petitioner, through his counsel, whether or not the Petitioner would be willing to place a further restriction on the Special Permit with express conditions that the carriage house would be utilized as a single-family accessory use only, and that the use would be further limited to family members only, including children of the owners, or parents of the owners, or in-laws of the owners of the principal dwelling only. 24.After consultation with counsel, the Petitioner indicated he was not agreeable to such a condition. On the basis of the above Findings of Fact, and all the evidence presented at Hearing, testimonial, documentary, and plans, the Board of Appeals, pursuant to the applicable Zoning Provisions above-noted, concludes as follows: 1. Petitioner's proposal will not promote the public health, safety, convenience, morals and welfare of the City's inhabitants. 2. The Special Permit requested, especially without a further condition that the use of said carriage house as a single-family home be limited to family members, to include children, parents, and in-laws, only, is further not in harmony with the purpose and intent of this Zoning Ordinance, in general, and the recent Zoning change of Chestnut Street from R-2 to R-1, on or about January 27, 2005, in particular. 7 DECISION OF THE PETITION OF SEAN O'CONNOR REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 26 CHESTNUT STREET R-1 3. The Board of Appeals has further determined that since the carriage house in question had been used, albeit not in 20 years, but had been used as a residence, and had and has residential characteristics and facilities, including, but not limited to, a bathroom and a kitchen area, that said carriage house is not a historic carriage house within the meaning and intent of the Salem Zoning Ordinance, which requires that said structure be used as a carriage house, and in existence since 1900, at its present location. 4. In the event that the Board's carriage house determination is deemed unlawful, hereinafter, in any subsequent legal proceeding, in any court of competent jurisdiction, the Board of Appeals relies, in the alternative, on the legal conclusions noted in paragraphs 1 and 2 above only, and the Findings of Fact above-referenced. WHEREFORE, the Salem Zoning Board of Appeals votes three (3) in opposition and two (2) in favor to Deny the Special Permit request. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. Special Permit Denied September 21, 2005 Edward Moriarty � Board of Appeal 8 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 after the date of filing of this decision in the office of the City Clerk. Pursuant to 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 Certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal Cl i l OF SALEM, MA CLERK'S 6FFICE RESTRICTIVE COVENANT 2805 OCT I I P 2. 2U SEAN P . O' CONNOR, of 24 Chestnut Street , Salem, Essex County, Massachusetts 01970, owner of land at 26 Chestnut Street in Salem, Essex County, Massachusetts, as more particularly described shown on "Plot Plan of Land, 26 Chestnut Street, Salem, Property of Sean P . O ' Connor" , dated February 14, 2005, prepared by North Shore Survey Corporation, which plan is to be recorded herewith, hereby creates the restrictions recited below for the benefit of the abutting property, 28 Chestnut Street, owned by Andrew B. Lippman and Annie Clay Harris, Trustees of 28 Chestnut Street Nominee Trust, their successors and assigns, as well as abutting properties on Chestnut Street, in order to preserve the character of the single-family lots on the street: 1 . The renovation of the historical carriage house as an accessory use to the principal dwelling on the same lot shall be done in accordance with the terms and conditions of the Salem Zoning ordinance, Section 5-3 (b) (11) . 2 . No actions shall be undertaken by the owner which would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. This includes, but is not limited to, subdividing of the lot, creation of a condominium or cooperative, or the alienation of common ownership in any way of the historic carriage house from the principal dwelling. This covenant is not intended to prevent an otherwise lawful rental of the carriage house dwelling unit . These restrictions are intended to take effect as restrictions governed by M.G. L. c . 184 , §27-30 , shall run with the land, and shall be binding on our successors and assigns . It is the intent of these restrictions to assure the continuance of single ownership of the principal dwelling and historic carriage house as an accessory use thereto, and that the property remain as one lot with single ownership. 1 For my title, reference is made to deed of Theresa W. Kavanagh to Sean P. O' Connor dated November 9 , 2004 and recorded with the Essex South District Registry of Deeds in Book 23624, Page 161 , WITNESS my hand and seal this Z Z day of September, 2005 , SEAN P . O' CONNOR COMMONWEALTH OF MASSACHUSETTS Essex, ss . September 2005 On this day of September, 2005, before me, the undersigned notary public, personally appeared SEAN P. O' CONNOR, proved to me t rough satisfactory evidence of identification, which were the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (SEAL) 1,�6y Public y commission expires : M��II�NpbNi �� ..QyiRl��r '•. M..xdr�F,Q•'' s: yam:C _ �NN 2 No action shall be undertaken by the owner which would have the effect of creating separate ownership of the dwelling units located in the principal dwelling and the historic carriage house. This includes, but is not limited to, subdividing of the lot, creation of a condominium or cooperative, or the alienation of common ownership in anyway of the historic carriage house from the principal dwelling. A U Q� ,�T BTY SALEM, MASS. A V \J J Salem Historical Commission ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 ;5081745.9595 EXT.311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction ❑ Alteration ❑ Demolition K Painting ❑ Signage ❑ Other work as described below will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 26 Chestnut Street Name of Record Owner: Dr. & Mrs. Arthur Kavanagh Description of Work Proposed: Paint house and garage: Trim - white Shutters & doors- Lafayette green Dated: 9/7/95 SALEM H T/ORICA COMMISSION By: The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. O 'Cox Salem Historical Commission CITY HALL. SALEM. MASS. 01970 ,9 �j tY CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [X]; demolition [ ] ; moving [ ]; alteration [ ] ; painting [ ]; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 26 Chestnut Street Name of Record Owner: Theresa Kavanagh DESCRIPTION OF WORK PROPOSED: Repair of picket fence and repaint. No changes in color, material or design. Non-applicable due to being an in-kind replacement. The Commission would like to encourage the applicant to consider applying for a more historically appropriate fence. does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (MA. Gen. Law, Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the'lnspector of Buildings-prior to comccncing. Dated: June 4, 1992 SALEM HISTORICAL COMMISSION By C%�Z�,6 Chairman r\ ((( A �\\ Saiem Historical Commission ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 (508)745-9595 EXT. 311 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ® Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 26.Chestnut St. Name of Record Owner: Dr. & Mrs Arthur Kavanagh Description of Work Proposed: Replacement of 2-3 courses of roof slate, replacement of copper gutters and downspouts, re-point chimneys, repair front entrance, repainting of wood surfaces. All work to exactly replicate existing in color, material, design and outward appearance. No changes. It is recommended that all wood surfaces be re-painted so as to be consistent, Dated: 5/4/95 SALEM H STORICAL COMMISSION By: The homeowner has the option not to commence the work (unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. l Salem Historical Commission ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 (508)745-9595 EXT. 311 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving K Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 26 Chestnut St. Name of Record Owner: Dr. & Mrs. Arthur Kavanagh Description of Work Proposed: Rebuilding of side entrance. No changes in color, material, design or outward appearance. Non-applicable due to being an in-kind replacement. Dated: 8/1-0/95 SALEM HISTORICAL COMMISSION By: Ansi 7 The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. " �ONnIT r Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (508)745-9595 EXT.311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction 9, Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other work as described below will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 26 Chestnut St. Name of Record Owner: Dr. & Mrs. Arthur J. Kavanagh Description of Work Proposed: Replacement of slate roof on carriage house with GAF 17"Slate Grey Blend with shadow Imes. Dated: 1/4/96 SALEM HISTORICAL COMMISSION By: ✓ /l The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. ORIGINAL x k` �� No.—Z4 oZ–" rs ; a y., G / t � f (dire of +fin riary �uil�utgs . nCity, Hal rt �� ? ermission is hereby give to A - �? 3,wk �Q 4 at No' �% sx t ` Street; Ward a to }'. in accordance with an application on file in thistfficP and subject to the provi- sions of the ordinances and statutes'in relation to:the Inspector and Construction .. + k'of Buildings is the City. of Salem �1 Y3 "+ 7ntpector'9�Burldingt 23 80 8-3-51+�'� y,. y vYY � ORIGINAAL n � a No. 3, � i. ;�.; " y (�''ffire'uf +Jnsprriur of f'�itildtnge - y t ' f City;Hal t/� /�i !s ; y 19 Permission is hereby given to "� 7 ` �;. �i1'�✓/-'aL(i/ � u-Y� f �"s � �i!�f�I 'G! � c� �f-n� %„iL(/1�.0 . r/iL�ti at No. /( G 'pS §Street, Wards k in accordance with an a hcatton on file mthisoffice d sub9ect tothe provi- -sions of the ordinances and statutes in relation.to the Ins ector and Construction, of Buildings ikthe City of Salem yjy 6 Inspector 1Bu: ings 4 +q A. I Ilk, 1� '` t r S P E C I F I C A T I O N S FOR PROPOSEDid:_!d APARTMENT FOR DR . RICH4RD H. THOMPSON C17STTIUT STREET SALEM, YlASSACHUSETTS CAMPBELL AND ALDRICH ARCHITECTS 38 Newbury Street Boston, Massachusetts February 29, 1952 I N D E X Notes to Contractor General and Special Conditions I-1 to I-5 Grading and Walks II-1 Masonry III-1 to III-3 Steel and Iron IV-1 Insulation V-1 Sheet Metal and Roofing VI-1 to VI-2 Lathing and Plastering VII-1 Rubber Tile , Asphalt Tile and _Formica VIII-1 Carpentry IX-1 to IX-3 Painting X-1 to X-3 Electrical Work XI-1 to XI-4 Plumbing XII-1 to XII-3 Heating XIII-1 2/52 Thomson NOTES TO CO=ACTOR Contractor shall inspect ,job thoroughly, including existing rough pine boards to be used for sheathing and cabinet work where shown on plans . The kitchen bar and tambour ceiling over it will be laid out on theJob bq the contractor under supervision of the architect. Where any material or area is to be patched, the patching shall match the surrounding area. This applies to five places where st.rnctural steel is to be installed and made to rest on existing brick walls. The contractor will hang new screen door at entry and screens for all windows in apartment . adhere structural steel is to be used, second hand beams of size and shape designated may be used, but must be free of rust and in structurally perfect shape . 2/52 Thompson GENERAL SPECIFICATIONS These specifications are intended to fully describe Alterations to Stable for a proposed new Apartment for Dr . Richard H. Thompson, Chestnut Street, Salem, Massachusetts , in accordance with plans , detail drawin,s and specifications prepared by the office of Campbell and Aldrich, Architects; and under their supervision. SECTION I GENERAL AND SPECIAL CONDITIONS These general conditions form a part of each and every trade ' s and mechanic ' s specifications, as does also the Standard Form of the "General Conditions of the Contract" ( 5th edition, copy- righted 1937) issued by the American Institute of Architects . Copies of the "General Conditions of the Contract" are on file and may be referred to at the office of the Architects . All work shown on the drawings or described in these specifica- tions shall be performed in a thorough and workmanlike manner, using the best of materials obtainable as specified and shown on the drawings . The contractor shall provide and furnish all materials, labor, water, tools, equipment, transportation and other facilities necessary for the execution and completion of the work, unless otherwise stipulated. The contractor shall furnish all necessary protection for the work in progress and completed, and shall make good all damage from any cause whatsoever. He shall protect all existing trees and shrubs which are to be retained. The contractor shall do all cutting and patching for all other trades and mechanics employed in carrying out the work. He shall cooperate with them in every manner to expedite the work. Specifications and drawings are cooperative and supplementary and any work shown or described in one and not in the other shall be performed as though shown and fully described in both. All necessary or desirable scale and full size details will be furnished by the architects and the contractor shall not proceed with any work until a_`ter consultation with the architects con- cerning same. In case of any discrepancies in dimensions or drawings , the architects shall be notified in writing, im-nedi- ately and the contractor shall make no adjustment, except at his own risk. 2/52 I-1 Thompson 2. I931JRANCE The contractor shall carry public liability and property dam- a„e insurance to fully cover all provisions of the State Law, and shall hold the owner harmless and indemnified from all liability resulting from the operations under this contract. Should any porson, whether employed directly by him or not, or any property, be injured during any operations in connection with this work, through his or his employees , carelessness, he shall be held responsible therefor. The owner will maintain insurance a:;ainst loss or damage by fire on all work covered by the contract, inciudin- the interests of the contractor, except tools and equipment . The contractor shall take out and maintain during the life of this contract Workmen' s Compensation insurance for all employees on the site of the project, in the manner and to the extent provided by the State Laws . 3 . PERMITS The contractor is to give the proper authorities all requisite notices relating to the work in his charge, obtain all official permits and licenses , and pay all required fees for same . TAXES (a) The contractor hereby accepts and assumes exclusive liability for the payment of all contributions payable under the Massachusetts Unemployment and Old Age Compensation Acts and of all taxes imposed by the Federal Social Security act and Federal Income Tax Act insofar as such contributions and taxes are measured by the wares and salaries or other remunera- tions paid to the persons empl-)yed by the contractor and by any of his sub-contractors on t13 work performed hereunder . ( b) The contractor hereby agrees to reimburse the owner for all contributions and taxes described in sub-paragraph ( a) of this paragraph 4 which by law the owner may be required to pay. ( c ) The contractor hereby agrees to execute such other agreements or undertakings as may be necessary to relieve the owner from liability for the contributions and taxes described in sub-paragraph (a) of this paragraph 4 or any of them. 5. TEMPORARY BUILDI110S The contractor shall provide all necessary sheds required for the storage of tools , materials , etc . , and for the protection of all drawings and records . Sheds to be heated and to be 'com- pletely removed at the end of the work. 2/52 1-2 Thomoson fi_ TFF;P_ 0_ ?_qRr S,NTITARY RACILITIBS The contractor shall provide and maintain a suitable tempor- ary enclosed latrine or water closet , and shall clean out and remove it at the completion ;,f the entire work. 7. SLf EIT"S,_ TC . Before concrete is poured or masonry is built the contractor must sea that all necessary reinforcing rods , sleeves , tem- Plates, bolts , dowels, etc . , are pro-)erly placed and securely held in position; he will be held responsible for making good all omissions and misplacements of any such work required for his own worts as well as the work of his sub-contractors . 8. BATTERBOARDS AND LEVELS The contractor shall furnish, erect and maintain substantial batter boards for the construction of the building, and shall establish all grades , lines and levels . This work is to be done s,abject to the a,proval of the architects . o IdATT",R S"DDLV The contractor will make all arr-an7ements to obtain water for the bui '.ding purposes; water to be furnished by the owner . 1n T7"70?A7?Y F;:-AT The contractor must furnish at, his own expense such temporary !^eat, including apparatus , temporary door and window covering, as may be required to fully protect the work to the satisfac- tion of the architects . The contractor will be allowed to use the final heating system for purposes of temporary heat as soon as it is completed, . but he shall pay all charges for fuel, ser- vicing, power, repairs resu11 n_ from such use of the system, and at the end of the Job shall. have it thorouhly cleaned, leavIn it, in good condition, ready to operate . 11 . CLFANIP:G The contractor is at all times to keep the premises reasonably free from accumulations of rubbish or waste* aste materials . In addition to the routine cleanin7,, the 'general contractor shall at the completion of the job give the entire builclinr� and grounds a thoroz ;h cleaning to the satisfaction of the architects . This shall include removin:; all paint and washing; both sides of all g-lass . Refer to Painting S_necifications . The contractor shall remove all rubbish, surplus or condemned materials . 12. STTESTITi1TI0i'i OF '•i,+,ERIALS Substitution of materials for those specified or shown on drawings may be done only with the written consent of the architects . 2/52 1-3 Thompson BULLETINS Should the contractor find discrepancies in or omissions from the drawings , snecifications or other documents, or should there be any doubt as to their intention, he shall immediately notify the architects , who will send a written bulletin to the contrac- tor. Thereby these bulletins would become part of the specifi- cations . 141 . SITE The contractor must carefully examine the site, take his own measurements and make his Own estimate of the facilities and difficulties that attend the execution of the work. 15. TIMI 0^ C.OMPLFTION The contractor should indicate the length of time which will be required to complete the house after construction has begun. 16 . G?TARANTEE The contractor shall guarantee all material and workmanship to be free of any defects . The contractor is to make good at his own expense any defect in material or workmanship which appear within one (1 ) year after final payment. Note that roofing and flashin,- are to be guaranteed for two (2) years . 17. BIDS Bids shall be in the hands of the architects on Plans and specifications must be returned with bids . The owner reserves the ri^ht to reject any and all bids , and the low bid will not necessarily be accepted. 1R . KITC? "'N 7QTJIPT"?NT ( a) Hotpoint sink and dishwasher combination 48" (b) Studio type 192" x 25" x 36" Flee . Range (c) 6 cu. ft . Refrigerator to be hinged on lefthand side . All kitchen equipment to be supplied by Owner and installed by contractor. 19 . CAST? ALL0'1P TCF3S The contractor shall carry in his bid the sum of to cover the following items : (a') Lighting fixtures (b) Pinish Hardware ( c) Medicine cabinet ( d) Toilet accessories 2/:2 I_4 Thompson ( e) Weatherstrip for doors ( f) Weatherstrip for windows (g) Wool screen doors and screens for windows in apartment Item a, b, c, and d will be supplied by owner and installed by contractor. Other items to be furnished and installed by con- tractor . 2/52 I-5 Thompson S MION II GRADING AND WALKS 1 . FINISH GRADING The contractor will carry out all finish grading at West Eleva- *ion of Stable with loam up to bottom of new blue stone step shown on plans . 2 . Prepare existins grade for installation of new blue stone walk on pians fro-^ front of Stable batt to Entry . 3 . Grass seed shall be planted in new loam at side of building ar Fetrreen4) " 3' joints In blue stone walk. Blue stone to be large pieces , rectangular shapes , 1" to 2" thick, set with 3" to " loin`s between. 2/52 II-1 Thomason SECTION III MASONRY T 1 . GE,, :RAL The mason shall provide all protection necessary to his work . He shall remove all his rubbish from the property . The mason shall provide all necessary reglets , chases , slots, recesses , otc . , as required and build in all sleeves and flash- ings shown or called for . He shall arrange with the carpenter for all necessary centering, forrrs , st!ging, etc . No masonry shall be done in freezing weather without permission of tl,le architects . Provide sleeves for all pipes passing through or under founda- tion walls and piers . Provide new masonry walls, foundation walls , column supports, piers , concrete floors and stairs as shown on plans or called for in the specification . 2 . MORTAR AND C'`�I.`CR�_; T? A'i4^' MALS (a) Cement and Lime - All cement shall be a standard brand of American Portland cernent and all lime shall be granulated lime conforming_ with the requirements of the current specifica- tions for same of the American Society for Testing Materials . ( b) Sand - All sand shall be clean, sharp sand, free from loam, acids , alkali , soluble salts , clay and organic matter, graded from coarse to fine and of such sizes that it shall all pass a 4" mesh sieve . ( c ) Coarse 4Pare�ate - All coarse ag7re;ate shall be screened _;rave or crushed stone , free from clay, loam, organic or other harmful matter, graded from coarse to .fine and of such sizes that at least 95 per cent shall be retained on a "" mesh sieve and limited in size to 1 " for plain concrete word; and to 1" in size for reinforced concrete work . ( d) Water - Water shall be equal in all physical and chemi- cal properties to drinkable water. ( e) Reinforcement Rods - All reinforcin, nods shall be a standard type of de orrre, Far, open hearth , intermediate ;rade steel manufactured from new billet stock, free from excessive amounts of mill rust or other surface coatings . 2/52 III-1 Thompson A . CONCRETE i0 RK 3 . CONCRETE, MIXES All reinforced concrete shall be 1 :2:4 mix, with an ultimate compressive strength of 2500 lbs . All plain concrete shall be 1 :22: 5 mix, with an ultimate com- pressive strength of 2000 its . per sq. inch at 28 days . 4. FOU?JDATIOPi WALLS Unless otherwise noted, the only foundation walls will be under firewalls shown on plans , and these will be merely increasing the thickness of new floor slab in Entry and Utility Room to one foot deep under the walls themselves . See section X-X on plans , sheet No . 1 . A 16" wide by 12" deep footing will be poured for 8" piers for chimney with fireolace and a 210" by 210" by 12" deep footing for heater flue chimney . Floor to be patched where the above occurs . 5. T7T OnR SLABS Concrete slabs in Utility Room and in Entry shall be 3"with 6" x 6" #10 ga. wire thick minimum over old floor top surfaces of above floors to be floated and troweled to a smooth hard finish free from blemishes and other marks . The slab in Entry shall be prepared for asphalt tile floor. B . BRICF:WORK ANT 110 L. 4i0RK 1 . GENERAL All brick work shall be laid in mortar made of one part of cement , two parts of lime putty and 8 to 9 parts of sand. Ex- cept for exposed brickwork, all brick backing, shall be sand line brick or connon sandstruck brick, or second hand water struck brick that is sound and clean. Any exposed brick shall be of water struck brick of color selected by the architects . ?,Ihere exposed brick is to be painted it may be of clean and s^und second hand water struck brick. 2 . CHIMNEyS Existin^ chimney to be completely removed. New chimneys to be built as shown on plans and shall be capped with cast in place . Concrete cap sloped on top to shed water. Add any flue linins needed to make a tight fireproof job shall project 1 inch above cap. Furnish and install flashin7s and counter flashings of 16 oz . copper with joints fully soldered and tight . If copper not available use lead . 2152 III-2 Thompson Weatherproofing: After the general contractor has finished the pointing; and washing down of the masonry sufficient time shall be allowed .to elapse for the exterior surfaces to dry and for mortar shrinkage. The waterproofing sub-contractor shall then thorou�ly test the mortar joints in brickwork repointing where necessary with waterproofed mortar . Following this repointing, the surfaces of all mortar joints , bot', vertical and horizontal , are to be treated with Western' s "Resto-Crete" Compound, under pressure greater than atmospheric pressure and suf 'icient to force the filling in all directions to close the cracks, pores, etc . The mortar surfaces are to be thus tr -atcd for their full area . 3 . FIREPLACE Bui-d new fireplace in Living Room with facing, sides , back, hearth and underfire , of water struck brick . Color to be ap- proved by the architects . Fireplace shall be complete with damper, C . I . throat, smoke chamber, steel angles , and flue linin; . This contractor shall use a Donley cast iron f-' replace throat and damper with poker control . 4. FIRESTOPPIN3 Build up masonry firestop of brick laid in mortar on top of sills , iirts , plates , at stairs , etc . , and wherever necessary or required by law and to the satisfaction of the architects . C . CONCRETE BLOCK 1 . Firewalls shown on plans shall be constructed of o" concrete blocks . 2/52 III-3 Thompson SECTION IV STFFL AND IRON 1 . RFTNFORCING STE= Furnish and install all reinforcing steel in Hearth and Entry slab where shown on plans or in specifications . 2 . STRTTCTTTRAI, STFF.L Provide and install structural steel as indicated on Framing Plan. All structural steel shall be painted with one coat of paint before bein delivered to the ,job . Immediately after the steel has been put in place , it shall be painted with a second coat . 3 • SHOP DRAWINGS Submit to the architects and for his approval triplicate copies of all necessary shop d.rawin;s showing, all structural steel . No structural steel shall be fabricated and installed until the shop drawings have been approved. l�. T^ISCFiT,ANEOTIS IRON Furnish and set all anchors , bolts , hangers , thimbles , etc . , as required . 2/52 IV-1 Thompson SECTION V IiiSULATION 1 , CEILING=S Insulate between celotex ceiling and rafters of roof with 4 .s . infra type aluminum: foil insulation, and if not available use 4" fiber glass bats with one reflective surface on inner side . Insulate ceiling over Garage and under floor of apartment with fiber glass bats 2" thick. 2 . WALLS Insulate wall of Bathroom with fiber glass bats . J* SOUND INSULATION Provide sound deadening felt around waste pipes , etc . , in walls of Sat" . 4. Insulation will be installed in strict accordance with manufacturer ' s specifications . 2/52 V-1 Thompson SECTION VI SHEET METAL AND ROOFING Note : This contractor shall advise the architects by letter of any substitution for copper flashing because of Government regulations . This letter shall be submitted with his bid. 1 , COPPER All copper will be 16 oz , soft copper for flashings . All copper work shall be well secured with copper nails with heads concealed where required or necessary. 2, FLASHINGS The flashings required at the intersection of the roof with the chimney are specified to be furnished and installed by the mason, but this contractor shall connect them to the roof and make a tight connection. The flashings required where vent Pipes go through the roof will be furnished by the plumber who is to connect them up to the roof and make a tight connection. Furnish and install copper gravel strips unless noted otherwise . Furnish and install copper flashin at vents, roof leaders, in- tersection of roof and chimneys , wall and chimneys , and roofs and walls, at new door sills on all floors , and at heads of new ex- terior doors and windows . ^lashin^ to carry 3/4" over the trim and through wall above frame, turning; up 2" on rou^;h boarding. Flash with 2 oz . copper armored sisalkraft at sills of all window openings in exterior walls and carry flashing down 3/4" down over the trim of frame, through, and up the rough sheathing 2" . The roof valleys shall be of 16 oz . cold rolled copper . The open portion of the valley shall be no; less than 5" wide at the top, increasing in width 1/8" per foot toward the eaves. The copper shall extend under the shingles on both sides 4" . The side edges shall be folded for cleating, as well as to raise the shingles from contact with the surface of the copper to prevent line corrosion. In general, furnish and install all flashings required to proper- ly execute this part of this work and to make the building ab- solutely weathertight, whether or not these flashings are speci- fically shown on the drawings or called for in the specifications . Particular attention is to be paid to the connection of the metal flashings to the roofing surfaces so as to make sure of s weather tight , durable ,job . 2/52 VI-1 Thompson 3. GUARAITTEE Before the final certificate is issued, the contractor shall give the owner a written guarantee to the effect that he will repair at his own expense any leaks or other defects that may appear in his work within two (2) years after the acceptance of the building; repairs of leaks or defects shall be made promptly after receivin.0 notice of such leaks or defects . 4. ROOFING The existing roof will be thoroughly inspected for leaks . Broken shingles will be removed and new ones installed . Roof will be put in weathertight condition. Contractor shall guar- antee the ti?htness of roof and repair at his own expense any leaks or other defects that may appear in the work within two (2) years after acceptance of building. 2/52 VI-2 Thompson SECTION VII LATHING AND PLASTERING 1 . GUARA":TEE The contractor will be held entirely responsible for the plas- terin . Should pitting or any defect occur in the plastering within one ( 1) year after the completion of the contracts as evidenced by the final payment , the contractor shall be ex- pected to repair the same free of cost to the owner and pay for all painting connected with these repairs . 2. LATHING All ceili=s of ;round floor shall receive metal lath . Metal lath shall be tightly drawn, well lapped at joints at least I" at sides 1" at ends securely fastened with galvanized iron 1" staples 6" o. c . 3 . PLASTFRIYiG Plaster ceiling of first floor only with hard plaster to meet requirements of fire resistance according to Building Code . 2/52 VII-1 Thompson SECTI )N VIII RUBBER TILT, ASPuALT TILE AND FORiviICA 1 . Rubber tile to be laid in kitchen and in bath, etc . 2. FORD^.ICA Formica counter tops with 61" backs, or as noted on plans, throughout the kitchen. Counter tops and 'backs shall come on the ,job as a complete unit . Measurements to be taken at the job as soon as all grounds and casework are established. They shall be installed by the general contractor. Counter tops shall make up to 11" thickness of plywood base and Formica fin- ish, complete with metal edgings , caps , and coves . Color to be selected by the architects . 3 . ?F:TAL EDGING Ati7D COVES This contractor shall furnish and install all metal edging and interior or exterior coves required to make a finished job . The above shall be of stainless steel or dull aluminum as may be bought in the open market; but shall be of shapes that do not have exposed screw heads . 2/52 VIII-1 Thompson SECTION IX CARPENTRY 1. WORK INCLUDED The work in this section includes all labor and material for structural and rough carpentry required to complete the build- ing; centers and templates required for masonry work; tempor- ary stairs and ladders , forms for concrete and staging required for this and oto r masons ' work ( except plastering) . Refer to Section III , Masonry, concerning staging, etc . Remove all interior partitions , floors , stairs , etc . , called for on the plans or herein specified. 2. FORMS build forms where required for all concrete wails and slabs, using good sound lumber. Forms are to be properly braced and wired to prevent spreading. 3, FRAMING Furnish lumber of sizes marked on drawings, as well seasoned as the market affords, free from sap, shakes , wanes, large or loose knots, and frame walls , partitions, floors , ceilings , porches and roofs as shown and called for on Framing Plans . Framing to be of sizes required by local building code . 4. WALLS A'TD P.kRTITIONS Non-bearing partitions , unless otherwise shown or specified, are to be framed with 2" x 3" studs set 16" o.c . Set double studs or a 411 x 4" at all door and window openings and two 2" x 4" caps on all bearing partitions. Partitions over those below or over a beam shall rest directly on the partition cap or beam. Partitions not resting on partition caps or beams shall have 2" sole pieces the width of studs . Where partitions rest on joists running the same way the joists shall be doubled and spiked together. 5. FURRING All furring shall be sound, well seasoned spruce furring 1" x 3" . Set furring 110" o .c . for metal lathing. Wedge straight and true, double at angles and nail at every bearing . Furr to wherever required for interior and exterior finish. 2/52 . IX-1 Thompson 6. GROUNDS Apply 3/4" Pine grounds to receive all finish where plaster occurs . 7. BOARDING Boardin> shall be 7/8" spruce, or equal . 8. CARPTENTER1533 IRON Firnish and install all carpenter ' s iron, such as bolts , anchors , tiles , do>s and hangers which are necessary for the best con- struction of the work. 9 . 14-iARDWARE All finish hardware except as may be particularly specified herein shall be furnished at the job by the owner and applied by this contractor . All other hardware shall be furnished and applied by this contractor to the complete satisfaction of the architects . INTRRIOR FINISH 10. GEII�RAL All interior finish except where otherwise noted on plans shall be of the best quality thoroughly seasoned of the kind speci- fied. It shall be sanded smooth, accurately fitted and securel* fastened in place with all exposed nails set and puttied. All standing finish, trim, base shall be pine kiln-dried to even moisture content , especially selected and free from sap and other materials , which would bleed through. Unless otherwise specified, interior finish shall be of pine; the drawings show- ing the interior details call for the various types of wood not mentioned specifically in this paragraph . 11 . KITCuEN All cabinets to be 3/4" existing pine sheathing, doors , drawers , etc . , to detail as shown on drawings . 12. BASE All base throughout shall be 2" thick to finish 4" above finish floor, unless otherwise noted or specified, and to be carried to under floors securely nailed to studs . It shall be plain with beveled tops . New base in existing rooms shall match the surrounding work . 13 . WOOD FLOORS Existing finished wood floor to be sanded smooth and to be stained . 2/52 I};_? m _ __ 14. CLOSETS All closets where noted to be equipped with 3/4" x 15" shelf, 14" dia. wood pole and hook strip . 15. MISCELLANEOUS When the work is completed, all shavin;s , rubbish, etc . , must be cleaned away anti the building left perfectly clean. 2/52 IX-3 Thompson 18. SPECIAL CIRCUITS AND OUTLETS Provide and - install special circuits and outlets as necessary, all to be of sufficient capacity to take care of the apparatus these are to serve ; (a) Outlet for dish washer (b) Outlet for oil burner ( c ) Outlet for hot water heater ( d) Outlet for electric rang (e) Outlet for heater fan 220 V. 19 . EXHAUST PAN Electrical contractor will contact heating contractor for lo- cating electric supply , etc . Ventillating system to be installed over bath near eaves of roo'. 20. HOT WATER HEATER Make all necessary connections , switches, etc . , to existing electric hot water, relocated and installed by plumbing contractor, 21 . FI:MM S Install all new lighting fixtures furnished by owner and shown on plans . 22. EXISTING WIRING Remove all exposed obsolete wiring and blank off or remove exist- ing outlets or switch boxes not used. All as directed by the architects . 2/52 XI-4 Thomason SECTION XII P LUPiBING 1 GE':;I;°AL WF_)ITIO*TS This speci "icat.,ion is .intended to cover a complete plumbing system which shall be turned over to the o,.wner complete and in perfect running order. T!he plumber shall include everythin which is obviously requisite to the plumbing system ha^ein described, whether or not each item is pa^ticularly mentioned . P1 =1ns and specification^ are to be construed together so that any work shown on the plans though not mentioned in the speci- ( .cations or vice versa, is a nest of the work to be done . All work shall be first-class both in :workmanship and material and shall be completed in a mann=r satisfactory to the archi- tects or their agent . 2 LAMS "ND R`ULATIOITS The plumber shall comply with all the State an-i local laws and ordinances . Any provisions of the specifications whic},: do not correspond with the State or local laws and ordinances shall be brought to the attention of the architects for adjustment . 3_ ^SITIOP? Ov IXR_ PIp,'S ETC . The architects shall determtne the location of all fixtures and pipes an.i the plumbing contractor shall not set any part of his work nor do any cuttina, without the consent of the architects . 1 . CAST IROV PIT ",id ) FITT! PTGS Cast iron drainage pipe and fitting as specified herein shall be of the wei,ht known to the trade as "extra heavy" . The Weights shall be as .follows : Diameter height per foot 2_— ff.- FS 3" 9z lbs . 4" 13 lbs . Cast iron pipe shall have ,joints yarned with oakum not more than 3/4" deep and filled with molten soft pig lead caulked solid and gas tight, finished flush with face of hub. The caulking lead shall be carried into the `ob in cake form. Pio old lead. may be used. 2/c52 XII-1 T omos�n Cleanouts shall be placed at each right angle turn of the soil pipe and where directed by the architects . All connections between cast iron and wrought iron pipe shall be made with Manhoff thimbles. Run ing wrou;;ht iron directly into a cast iron hub will not be permitted. K. WASTE .;arT) V7P7T PIP,--'S No waste pipe shall be used for any waste , vent or soil in con- nection with this work, excepting only water closet connections ; in which instance the lead pipe shall be as short as possible and shall wei..-h eight ( `) pounds per linear foot . In no case shall any vent pipe be taken from a lead bend connection for any water closet . .-T,) waste pipe less than 11" shall be used. The water closet wastes shall be of 4 Pipes for ^ant shall be offset in partitions, to allow space for medicine cabinets and inset tile soap dishes, etc . Vent pipes shall coma up through the roof where shown on the drawings . h. T9a1PS Provide each fixture with a trap located as near the fixture as possible . The traps shall be the following sizes : Lavatories 11" Half S Baths 2" McIntire Brass Kitchen Sink 2" Half S V t' 7 . PIP? SLEEVES The plumber shall Qive the locations and size of each opening necessary to the passage of the pipes through the masonry to the General contractor , who shall provide such openings. 3. F.vTGERS Underground pipe shall be laid on well constructed masonry sup- ports If the soil is not sufficiently solid . For each length of the horizontal cast iron pipe where the sup- ports are needed, there shall be at least one hanger ; and for wrou^ht iron or copper, there shall be one hanger for each eight ( 9) feet of pipe, All handers and supports shall be of the same size and weight proportionate to the pipe to be supported. No chain or wire shall !)e used in supportin7 or han;ing pipes . 2/52 ZI-2 Th ortn s n n 9 . WATER SUPPLY PIPES All water supply pipes for both hot ,and cold shall be type L, hard temper Chase Copper Water 'Tube with sweat fittings as manufactured by Chase Brass and Copper Company of Y'aterbury, Connecticut or equal . Connect water supply to boiler and hot water storage tank. Size of supply pipes : Cold water main 11-11 Hot water main 1" Branches to kitchen sinks Branches to water closets " Branches to lavatories " Circulating pipes 2" _ n Hot water stora?e tank 3/4" 10. AIR CFAMBERS Install air chambers 24" long on all sup.%ly branches to individual outlets . 11. SHUTOFFS There shall be shutoffs for both hot and cold water at each fixture . 12. WALL,_ FLOOR AND CEILING PLAT'S All pipes for f1ttings passinthrough floors or walls shall be provided with galvanized iron thimbles and chromium plated brass wall or ceiling flange of design approved by the architects . 13 . PIPE COVERING All cold water supply piping ,in crawl space or on exterior walls and all hot water piping to be covered with standard thickness sectional pre-shrunk wool felt, with water proof lining, jacketed and banded . Soil and conductor pipes shall be wrapped with wool to prevent any noise . 11F. TESTS After all drain, soil and vent pipes are in place, the plumber shall fill the entire system with water. 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