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11 BRYANT STREET - ZBA // ��af�S'�°��� 1 I Legak Notice CITY OF SALEM 1 BOARD OF APPEAL } 745-9595.Ert 361 i Will hold a public hearing for all per- sons interested in the petition submit- ted by THOMAS MCDONALD seeking to amend previous Zoning Board.Deci- sion of Feb. 19, 1985 requiring owner J occupancy for the property located at s 11 BRYANT STREET R-2 Said hear- ing will be held on WEDNESDAY,SEP- TEMBER 20,2006,AT 6:30P.M.,'120 r, WASHINGTON STREET 3RD FLOOR,ROOM 313. Nina Cohen, ' yChairman SN—09/09,09/13/2006 t , oso�rA CITY OF SALEM, MASSACHUSET*Sy Gid- : n ✓� 120 WA 5INGTTONARDOSTREET. 3RD FLOOR F APPEAL CL ERS S OF CE A f C SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 1Q06 OCT KIMBERLEY DRISCOLL I l P IB S MAYOR October 17, 2006 Decision Petition of Thomas McDonald seeldng to Amend Decision of February 19, 1985 Requiring Owner Occupancy for the Property located at 11 Bryant Street. A public hearing on the above petition was opened on September 20, 2006 pursuant to Mass General Law Ch. 40A, Sec. 11, the following Zoning Board members being present: Bonnie Belair, Nina Cohen,Elizabeth Debski, Richard Dionne and Annie Hams. The petitioner, Thomas McDonald, owns a three-family home at 11-13 Bryant St. in the Two-Family Residential (R-2) district with a seven-car garage and additional offstreet parking. Pursuant to a Decision of the Salem Zoning Board of Appeal dated March 4, 1986, the property was granted a variance for the nonconforming use, subject to the following conditions: 1. No less than seven (7) non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. The applicant requests that the City of Salem Zoning Board of Appeal allow an amendment of the earlier decision to remove the condition of owner occupancy. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of.fact: 1. Petitioner Thomas McDonald owns a nonconforming 3-family property located at 11-13 Bryant St. in the two-family residential zoning district. In November 2005, he submitted a petition to this Board seeking relief from an owner occupancy requirement, but he withdrew his petition prior to any resolution of the issue. 2. The building in question was granted a nonconforming three-family use pursuant to a Special Permit by a Decision of the Salem Zoning Board of Appeal dated March 4, 1986, which granted such relief subject to certain conditions. The conditions imposed in the 1986 Decision were: A. No less than seven (7) non-piggyback parking spaces be provided on the premises; i B. Access to the parking spaces be hottopped; C. A Certificate of Occupancy be obtained; and D. The premises be owner occupied. Petitioner now seeks to amend the earlier Decision by removing the condition requiring owner occupancy. He is represented by attorney Scott Houseman of 15 Front Street, Salem. 3. As grounds for his request, Petitioner states that each of the three units in the building is improved for use as a rental apartment, and each unit was so used from the time he purchased the property in 1995 until recently. In late 2005 the petitioner undertook to improve the parking area to create seven parking spaces. After a delay caused by the nonperformance of a landscaping contractor, he was able to complete the improvements to the parking area, and he provided the Board with photographs of a smooth, graded and gravel-covered parking area on the property. The Building Inspector stated that he had not yet been asked to determine whether the spaces in the parking area complied with dimensional requirements of the Zoning Code with respect to size and buffer area. 4. Although Petitioner does not occupy the building, he stated that he is a committed landlord with a responsible attitude toward his tenants and toward the neighborhood. He further stated that if the building were used as a two-family, one of the units would be overly large and would be difficult to rent out. 5. Petitioner submitted a petition with 90 signatures of neighborhood residents who supported the use of the building as a non-owner occupied 3 family residence, including both resident and non-resident owners and tenants. The tenants who live in the building also spoke in support of the petition, and petitioner submitted a letter in support of the petition from the Ward 6 City Councilor Paul Prevey. 6. The Board heard from neighbors who supported the petition as well as neighbors who opposed the petition on the grounds that the owner-occupied properties in this area are more stable, better maintained and better controlled as to renter behavior than the non-owner occupied properties. Some neighbors stated their concern with access, stating that when vehicles are parked illegally at this corner, there is inadequate access for safety vehicles and even school buses. In consideration of the above, the Salem Board of Appeals voted, five (5)opposed, none in favor to deny petitioner's request for an amendment to the March 6, 1986 Decision of the Zoning Board of Appeal, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. C0444— Nina Cohen, Chair Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk 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 and is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. o� CITY OF SALEM s PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON S'MEET♦ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 September 12, 2006 Thomas Mac Donald PO Box 23 Beverly, MA 01915 Dear Mr. MacDonald; As the on-going Board of Appeals action to review the conditions that have put this property in Violation has drawn further attention to this property, this resulted in calls to this Office reporting further violations at this.address. In response to the report that this property was being used as an Illegal Rooming House, this Office conducted an Inspection per Section 106 of the State Building Code(780 CMR). It was found at that time that this property was being used strictly as a three family dwelling. There was no evidence that this property was in any way being used as a Lodging House. It has since been reported to this office that pending the outcome of this Board of Appeal action, you have voluntarily vacated one unit so that the current occupancy is that of two families. While this Office appreciates this cooperation pending the findings of the Board, I must remind you that the question as to the existence of this third unit and how it will be afterwards utilized remains. As you have no intention of occupying this property yourself, a decision by the Board against the removal of the owner occupier clause in this decision will require either the removal of this unit or it's incorporation into a larger 2nd unit. Please be advised that the decision to increase the units size while a viable option, does cause concern for us due to the clause within the code that disallows the tenancy of more than three unrelated people. Also of note, is the now properly permitted extension of the parking area, this improvement should help to alleviate the street parking in this neighborhood. Be advised that though this Office understands the need for the materials to properly settle prior to finish paving of this area, we want to be sure that this area is properly surfaced and the fall protection fencing is installed without any excessive delay. If you have further questions regarding any of this please feel free to call me at this Office, (978) 745 -9595, ext. 386. Sinc rely, 0Ao ph E. Bazbeau, Jr. sistant Building Inspector CC: file, Board of Appeal 1 p 6x 1 LQ a"N 1hsQ�c�Coc w. T � �� �v\C t\' , �`\IN S\�v.�� 1 \� at 6 \� �v 6��\F Ov.t �C Qs` w\\\ � �\ \� :4,j �a,z �S �\S CcepvZY� �C S `rcmay� . a Olitg of',�$ttlem, C assar4usetts Poxrb of '4pu l wc.oms� DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT STREET, SALEM A hearing on this petition was held ikpr"1%9 PRIftith the following Board Members present: Edward Luzinski, Ac ''jjng Chairman; essrs. , Charnas, Strout and Associate Members Dore and LaBrecqueplLEIPtice 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 MassachusettelVeVER`3}lELawt.Ki*ter 40A. Petitioner, owner of the premises, requests a Special Permit to allow him to convert a two family dwelling into a three family dwelling in this R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, 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 Section VIII F and IX D,. 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, ex- tension, 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 consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The premises can accommodate at least seven (7) on site parking spaces, which is more than adequate for the proposed three family use; 2. An additional unit in the building will not appreciably increase the traffic or density of the neighborhood; 3. A three family dwelling is not out of character with the neighborhood. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed use of the premises will not be substantially more detrimental to the public good than the existing use; 2. The propose use will promote the health, safety and welfare of the City's inhabitants. r DECISION ON THE PETITION OF RICHARD VARNEY FOR A SPECIAL PERMIT FOR 11-13 BRYANT ST. , SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested provided that: 1 . No less than seven (7) non-piggyback parking spaces be provided on the premises; 2. Access to the parking spaces be hottopped; 3. A Certificate of Occupancy be obtained; 4. The premises be owner occupied. SPECIAL PERMIT GRANTED z�� � F '/a• .,epi r Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK . .. 'iL EE CrOE PL SW­ 'E g.. .v' CE SHE Cit CLERK. t _ .r. .rn EL's� SUI " li T c .. c I141'E ELPPSE� A1D f:Jr, v n ..-.ETri: L 'LS d'..'. oEE i inn n la F.Li.,uc0 A:� i • -O U: Tid OWNER'S CER11rIL .E OF Ti�LE• BOARD OF APPEAL I support 'Com McDonald in his effort to convert 11 Bryant Street, Salem from an owner occupied 3 family into a non-owner occupied 3 family, as it has been operating for over the past decade. --------------'s--�-- - -- ---- - - - - --- - -"!"` - - -------- ------------ -- -------------------------------- ViIjn - ------- - - - -------- ©-- 4_r�-- -c _f -S Iwo- --I Yl --- rrie - -or';+e- ler atr 5� PX - - - - ---------------A6 — ='---------------- ----- - - --- - - - - --- - --------- ------------- -- -- -------------- 4- — - - - ' -- - ------ =-------- - --(--1.—� = — --------------- - - -------- � c 1� -------- -- ------ - ---- - - - ----------------------------------------------------------------------- r --------------------/---------------------------------- -- -- - 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- --------------- 1Z - - -- ----- -- 5A RA --------- _ - - - - --- — ' ----------------------- — -- T - = rte _ /3 / ��e ---------------- -- - --- ------ ------ �------- ------- ---= --- 1 T-- - ---- - r" --------''- ' --' l 5_ �(_ ` �-('('L f _ coLl2 n rR N F - - -- : --- - - --- --- � s k Try • Z f C t��lf -- - - ---------- K ✓ 9 � Fi /7 Ric k ------------------------------------------ __ __ _ -----------------------/-7 l r�_fir-- _- �-______________ T°"" -1-- - - - - - -- -- �� _ ------------ _ F RnN - - - - - -- - -- ----- --------- P�4 L W N -+-qtr` r t r - _. -- - N c W N � c-^� y� T _ ---- - ___ _ __ J _____ (.��L_n�� -------- HHRLiE a O �- ------------ __ ____ sAm -------------- � - (Y\ Co�EEn I support Tom McDonald in his effort to convert I I Bryant Street, Salem from an owner occupied 3 family into a non-owner occu ' 3 family, as it has been operating for over the past decade. 0 ST W - -- - - -- ----- -----5�- — M S .- -- - ------ -- -- --- - - -- - -- ----�� �,----��=---��---------------------------------------- �,vrn5 fu ------$------�k -`-Z---5�=-------------------------------------------------- ---- -------- -- - 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PELLETIER WARD COUNCILLORS PRESIDENT 2006 2006 MARK E. BLAIR CHERYLA. LAPOINTE LUCY CORCHADO THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI JOAN B. LOVELY JEAN M. PELLETIER ARTHUR C. SARGENT III LEONARD F.O'LEARY MATTHEW A.VENO September 18, 2006 PAUL C. PREVEY JOSEPH A.O'KEEFE,SR. - Salem Zoning Board of Appeals Department of Planning and Community Development 120 Washington Street, 3rd Flr. Salem,Massachusetts 01970 Re: 11-13 Bryan Street Dear Chair Cohen& Members of the Board: I am submitting this letter in regards to the petition submitted by Thomas McDonald for I I- 13 Bryant Street. I recognize that there are many neighbors in the area who have signed a petition in support of Mr. McDonald's petition. I also understand that there are some neighbors who oppose Mr. McDonald's petition as well. I will not attempt to speak either for or against those who have supported or opposed the petition, but rather, only to weigh in regarding my views and overall assessment of Mr. McDonald and his property to the extent that I know them. I concede that I do not possess the historical knowledge and experience which most neighbors in the area maintain. I understand that Mr. McDonald was previously before this body a few years ago on the same issue which brings him before you on this occasion. I know that at that last hearing there were a number of issues of which many neighbors expressed strong concern. The chief complaint which brought Mr.McDonald to the Board related to his non-owner occupied status at I 1-13 Bryant Street. This issue still exists and is a matter for the Board to decide. Since his appearance before the Board, it appears that Mr. McDonald has made many improvements to the property, most significantly, he has provided sufficient off-street parking for all tenants in his building. Having viewed the improvements, it appears that he has been attentive and sensitive to the needs and requirements of his tenants, as well as many of the concerns of the neighbors. I know that he continues to do work on many of the exterior elements of the property in an ongoing effort to improve and enhance the property's overall appearance, stability and usability. I have spoken at length with Mr.McDonald and met with him in person to view his property at 11-13 Bryant Street. Mr. McDonald impresses me as being a concerned, responsive and responsible landlord. The Board should note that since becoming the Ward Six Councilor, I have SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM000NCIL.COM become involved in a few neighborhood problems whereby the absentee landlord made addressing the problems much more difficult given their uncooperative attitude and lack of concern. By comparison, I believe that were any issues or problems to develop at 11-13 Bryant Street, Mr. McDonald would immediately and effectively address the problems to the complete satisfaction of the neighbors and city officials. Respectfully submitted, Paul C.Prevey Councillor. Ward 6 ° CITY OF SALEM PUBLIC PROPERTY • ' c � DEPARTMENT KIN(BERLEY DRISCOLL MAYOR 120 WA.SHIN61'ON$'!REFI'* SAI-EM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦ FAX:978-740-9846 September 12, 2006 Thomas Mac Donald PO Box 23 Beverly, MA 01915 Dear Mr. MacDonald; As the on-going Board of Appeals action to review the conditions that have put this property in Violation has drawn further attention to this property, this resulted in calls to this Office reporting further violations at this address. In response to the report that this property was being used as an Illegal Rooming House, this Office conducted an Inspection per Section 106 of the State Building Code (780 CMR). It was found at that time that this property was being used strictly as a three family dwelling. There was no evidence that this property was in any way being used as a Lodging House. It has since • been reported to this office that pending the outcome of this Board of Appeal action, you have voluntarily vacated one unit so that the current occupancy is that of two families. While this Office appreciates this cooperation pending the findings of the Board, I must remind you that the question as to the existence of this third unit and how it will be afterwards utilized remains. As you have no intention of occupying this property yourself, a decision by the Board against the removal of the owner occupier clause in this decision will require either the removal of this unit or it's incorporation into a larger 2"d unit. Please be advised that the decision to increase the units size while a viable option, does cause concern for us due to the clause within the code that disallows the tenancy of more than three unrelated people. Also of note, is the now properly permitted extension of the parking area, this improvement should.help to alleviate the street parking in this neighborhood. Be advised that though this Office understands the need for the materials to properly settle prior to. finish paving of this area, we want to be sure that this area is properly surfaced and the fall protection fencing is installed without any excessive delay. If you have further questions regarding any of this please feel free to call me at this Office, (978) 745 -9595, ext. 386. Sinc rely, Q ? ph E. Barbeau, Jr. A sistant Building Inspector CC: file, Board of Appeal