22 BUFFUM STREET - ZBA 0
22 BUFFUM STREET
WILLIAM NORTON - BEEBE-CENTER
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THU of `"ittlem, 'Massadjusetts
Pnttra of 'Aupeal
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DECISION ON THE PETITION OF WILLIAM HORTON BEEBE-CENTER REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 22 BUFFUM STREET (R-2)
A hearing on this petition was held September 11, 1996 with the
following Board Members present: Gary Barrett, Chairman; Nina Cohen,
Joseph Ywu, Richard Dionne and Paul Valaskatgis. 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 requests a Variance to create a third (studio) unit in an
existing 2 family dwelling by adding a kitchenette to third floor for
the property located at 22 Buffum Street.
The Variance which has been requested may be granted upon a finding
of the Board that:
a. Special conditions and circumstances exist which especially
affect the land, building or structure involved and which are not
generally affecting other lands, buildings or structures in the same
district.
b. Literal enforcement of the provisions of the Zoning Ordinance
would involve substantial hardship,financial or otherwise, to the
petitioner.
c. Desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing, makes the following findings of facts:
1. Petitioner was not present for the hearing of this petition.
2. A petition was submitted with 13 names of neighbors in opposition
to this petition.
3. A letter was submitted from Robert Peterson of 26 Buffum Street
in opposition.
4. Ward 6 Councillor, Sarah Hayes appeared in opposition to this
petition.
5. Shirley Cervoni, 28 A Buffum Street appeared in opposition to the
petition.
On the basic of the above findings of fact, and on the evidence
presented at the hearings, the Board of Appeal concludes as follows:
I. No special conditions exist which especially affect the
subject property as opposed to the district in general.
2. Literal enforcement of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
DECISION OF WILLIAM HORTON BEEBE-CENTER REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 22 BUFFUM STREET (R-2)
page two
3. Desirable relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or
the purpose of the Ordinance.
Therefore, the Board of Appeal voted 0 in favor and 3 in opposition
to the motion to grant the Variance, having failed to garner the
required votes to pass, the motion is defeated and the petition is
denied.
Variance Denied
September 11, 1996
_/IC -
Joseph Ywuc, Member
Board of Appeal
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 of Special Permit granted herein
shall not take effect until a copy of the decision bearing the
certification of the City Clerk that20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that
is has been dismissed or denied 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.
Board of Appeal
Cw KZZ
A:- A FOF.Y NO.
FO$.M B - BUILDING
I
YASSACRTSETTS HISTORICAL COMdISSION
80 BOYLSTON STRE'T; BOSTON, MA 02116
r '
Salem
s 22 5uffun Street
rT
Tic 'Tame
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Pre_en,.
< . Residential
= �--- igztal Residen.ial
RI?ITC)
1290
ce rSI report
S:ETM MAP
Show property's location in relation Style Greek Revival
to nearest cross streets and/or
geographical features. Indicate Architect nevereu-- ierr;s . 1-. carr.
all buildings between inventoried 1j
property and nearest intersection. Exterinr mall fabric clapboards
Indicate north.
:stbcildings caraee
141 A Y
IL," DAtL
Major alterations (vith dates)
Q
Moved Date
t3 u Fr-OAA
5T- Approx. acreage less than one acre
Recorded byDebra Hilbert Setting PogiAr
cn ;al
Organizatioa c,alem Planning Denartment
Date .1nr;1 14RF
(Staple additional sheets here)
ARL,JITECrURAL SIG�IFICANCE (Descr: i=ortant architectural features and
evaluate in terms of other bu__di gs within the c=mamity.)
22 Buffum Street is. representative of a common Greek Revival house type
in Salem. Oriented gable—end to the street, the structure has a -
recessed and paneled sidehall entry with pilasters and an entablature.
Brackets, both paired and single, are located in the roof cornices, the
doorway entablature and the first floor flat window hoods.
HISTORIC•%? SI01FIC41a (Explain the role owners played in local or state
history and how the building relates to the developmen of the corxnaiity.)
On January 28, 1850, Nathaniel Horton, a currier, purchased the lot on----
' which this house stands from William E. Ellsworth who had owned it since -
1846. City records on file at the Essex Institute include this house on
a list of buildings erected in Salem between March 1 , 1850 and March 1 , -
1851 . Devereux Dennis, Jr. , a local carpenter who lived at 15 Dearborn
Street, is believed to be the builder of the Horton house. Anna Horton
Nicholson, a great—granddaughter of the original owner, was .still living -
here in 1968.
The trade of currying involved dressing tanned hides for use. A number
of people connected with the leather industry lived in North Salem
because of the many tanneries located along the banks of the North
River.
t
BInLI07-_=°HY and/or REFF.pEES (natr= o: publication, author, date and publisher)
1
Gavenda, David T". HSI Report on 22 Buffum Street, November, " 1968
10M - 7/82
APPEAL CASE NO. . . . . . . . . . . . . .
�6
(9i#ti of SMrrn, �ffiassadjnsrfta
�9nxrb of '�ppenl
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are theownersof a certain parcel of land
located at: .Z.Z..i311.WI R............. ...Street; Zoning District.... . ...............;
and said parcel is affected by Section(s)..................... . of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
m Direct Appeal
PsE
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The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
Direct Appeal
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may he granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
Request variance to create a third ( studio) unit in an existing
two-family house by adding a kitchenette on the third floor.
Owner,William,Horton. Beebe-Center
................
Address. 22. Buffum.St. Sa1em,..P.IA.
Telephone.... ........... .
Petitioner... same ...._.-
... . .
Address.................. ... . ...
Date....Z.�� ........ Telephone. .l.../...�
.. .... ... . .... . .....
.......
Three copies of the application must be filed with the Secretary of the Boar of Appeal
with a check, for advertising in the amount of $.... ......... four weeks prior to the
meeting of the Bnard of Appeal, Check payable to the Salem Evening Hewa.
i
NO. . . . . . . . . . . . . . . . . . .
PETITION TO BOARD OF APPEALS
LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . . . 19. . . . .
29 August 1996
26 Buffum Street
Salem, MA 01970
Mr. Gary Barrett
Chairman
City of Salem
Board of Appeal
One Salem Green
Salem, MA 01970
Re: 22 Buffum Street
Petition by William Horton Beebe-Center
Hearing scheduled for September 11, 1996
Dear Chairman Barrett and Members of the Board of Appeal:
We have just received the notice regarding the above referenced
petition. We live two houses from the property. I am planning
to be present for this hearing but in the event I am unable to
attend I am writing to convey our position regarding the
petition.
Please be advised that we are in total opposition to this
petition which would make a three unit apartment building in an
R-2 Zone. If you were to approve this petition, the population
density of our neighborhood would be increased, our property
values would be reduced, the integrity of the City Zoning Code
would be compromised, and a dangerous precedent would be set for
continuing this process with other properties in the area.
We hope that we will have your support in denying this petition.
We assure you that should you approve the petition we will pursue
all legal action possible to have it overturned.
We would further direct your attention to the construction of a
new driveway which has already started on the property. We would
ask whether this construction is in full conformance with zoning
regulations or whether variances are needed in order for this
driveway to be built in its current location.
Please help us to maintain the integrity of our neighborhood by
denying this petition. Thank you for your consideration.
Sincerely,
vim-- -2;=
Robert Peterson, AIA
cc: City Councilor Sally Hayes
We, the undersigned residents of Buffum Street, petition the City
of Salem Board of Appeal, to DENY the petition submitted by
William Horton Beebe-Center requesting a Variance to create a
third (studio) unit in an existing 2 family dwelling by adding a
kitchennette to third floor for the property located at 22 Buffum
Street (R-2) .
Name Address Date
77�a.E'C�
101 91-7196
lAur.,, o�
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Tito of �ttlem, massar4uoetto
} �'o Public Propertg Department
Nuilbing i9epartment
(One Salem 4rrtn
508-715-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
April 3 , 1997
Edmond Tyburski
Anne Carol Nursing Home
66 Johnson Street
Lynn, Mass . 01920
RE : 22 Herbert Street
Dear Mr . Tyburski :
On May 21 , 1996 this office sent a letter to you
concerning several violations at the above mentioned
property. (Copy enclosed ) To this date , no corrections
have been attempted, and no one has tried to maintain
contact with this office .
In the last year the property has continually decade
to the point that this office is considering condemning
said property because of the immediate dangers it presents
to the abutting properties by means of fire, illegal entry
and wind damages . If the City of Salem should condemn
this property and remove said building, it would then
require the City to place a lien on the property in order
to be refunded its expenses , and it would become nothing
more than a legal entanglement to the owner or whomever
the property would be willed too.
To enable this office to prevent from taking the
above steps, it is necessary for you or someone related to
you to come forward and meet with this department to
resolve these issues and take the necessary steps to make
this property safe .
Please contact my office at the above listed phone
number and ask to speak to Mr . Leo Tremblay or with Ms .
Jane Guy.
Thank you for your anticipated cooperation in this
matter.
Sincerely,
Leo E . Tremblay
Inspector of Buildings
LET: scm
cc : Jane Guy
Councillor Paskowski , Ward 1
111itU ofttlpm. 4Utt8sorhu5rtts
Public Propertn Department
Nuilbinq Department
lone 0-sirm t6reen
308-7.15-9595 Est. 388
Leo E. Tremblay
Director of Public Property
Inspector of Building May 21, 1996
Zoning Enforcement Officer
Edmond Tyburski
Anne Carol Nursing Home
66 Johnson Street
Lynn, Mass. 01920
RE: 22 Herbert Street
Dear Mr. Tyburski :
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned property
and found the following violations:
1. Shutters at front and side windows of house are falling off and
cause a danger to pedestrians using the sidewalk. (Shutters must
be removed) .
2. Front and side entries needs major repairs.
3. Facia boards at roof level need to be replaced in many areas.
4. Gutters need to be cleaned out and repaired.
5. Electrical wire connecting lights at front entrance is illegal
wiring.
6. Fence at property line needs major repairs .
7. Debris in front and side yards must be cleaned (Fire hazard) .
8. Debris on porch must be removed (Fire hazard) . --
9. Storm windows in rear of house completely deteriorated (must be
removed) .
Please notify this denart_ent within fifteen f15) days upon receipt of
this letter as to what course of action you will take to rectify these
violations. Failure to do so will result in legal action being taken against
you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremblay 17
Inspector of Buildings
LET: scm
cc: David Shea
Virginia Moustakas, Health
Norman LaPoint, Fire
Councillor Paskowski, Ward 1
4 (� }
3Y *em ` itv ®f 'gWrm. mafisar4mietts
Public Propertll Department
iguilbing Department
(One Belem 6rern
509-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
April 3 , 1997
Steven Lovely
14 Story Street
Salem, Mass . 01970
RE : 10 Story Street
Paved Driveway
Dear Mr . Lovely:
The Matton ' s , your abutters at 10 Story Street,
requested that I look into Massachusetts General Law 40A
7 . 4 . 4 . 2 , Ten-year Statue of Limitation concerning the
removal of paving on the driveway that abuts your
property.
After reviewing said statue it is my conclusion that
the driveway falls under this statue and my decision is
that the paving may remain under its present status .
If you wish to appeal my decision you may do so
through the City of Salem Board of Appeals by filing
proper application at my office.
Sincerely,
Leo E . Tremblay
Inspector of Auildings
LET: scm
cc : Councillor Donahue , Ward 3
Mr . & Mrs . Wilfred Matton
§7.4.4 7. Administration and Enforcement - 7. Administratio
1
must be a showing that the use or structure was permitted and reason of an
that the property was used in accordance with the original or of any orc
permit. Where the application, plans, or actual permit are not tions of am
all available, an investigation of these issues may be impos- unless such
sible. tice28 thereo
Second, the burden of proof in such situations is unclear. ! or district in
Generally, in an enforcement case, "the building inspector (or commencer
whoever has the dutv of enforcement . . .) has the burden I
of proving that the plaintiff's use of its premises violates the The provisior
bv-law.i25 However, this rule is not ironclad.26 If municipal year statute p
records are unavailable, the assignment of the burden of proof [ on its face, t
may be determinative of the result. ( tures are pro'
Third, how does this provision affect the breach of a con- teration or re
clition contained in a special permit or variance decision? If the To COME
building permit refers to the conditional permit, which provi- i must have bE
sion of the statute applies?27 On the other hand, where the
building permit does not refer to the conditional permit, the • in viol
ten-year statute of limitations applies to the structural viola- • n vol.
tions, as discussed below. or
• in viol
permit
§7.4.4.2 Ten-Year Statute of Limitations
Such structw
Mass. Gen. L. ch. 40A, §7, "2, sentence 2, clause 3 con- tions, measu
-tains a ten-vear statute of limitations for zoning violations not lation."
governed by the terms of an original building permit.
[N]o action, criminal or civil, the effect or purpose of which is §7.4.4.3
to compel removal, alteration or relocation of any structure by
The pro
uThe Brotherhood of Alpha Upsilon v. Zoning Bd. of Appeals of I tions protect
Bridgewater, 15 Mass. App. Ct. 991, 992 (1983). [ ho original b'.
"See, e.g., Cape Resort Hotels v. Alcoholic Licensing Bd. of Falmouth, hOWCVei, d0,
385 Mass. 205, 219 (1982) (plaintiff had burden of showing that its structure
is being used in accordance with permit): Building Inspector of Chatham v. Notice s
Kendrick, 17 Mass. App. Ct. 928, 929(1983) (burden on landowner to prove I Ord, the name c
defense of nonconforming use). of the structure
"For example, where a use authorized by special permit is limited to I weighing the a
certain hours of operation,and these terms are restated in the building permit
29 For a r
e((or incorporated by reference), the statute is open to interpretation. Curing ngZonin&
282
7. Administration and Enforcement §7.4.4 i
i
i
reason of anv alleged violation of the provisions of this chapter, i
or of anv ordinance or by-law adopted thereunder, or the condi-
tions of any variance or special permit, shall be maintained,
unless such action, suit or proceeding is commenced and no-
tice=s thereof recorded in the registry of deeds for each county
or.district in which the land lies within ten years next after the !
commencement of the alleged violation.
The provision originated in 1987 Mass. Acts 481, 61. The ten-
year statute protects oniv violative structures; it does not apply,
on its face, to violative or nonconforming uses.'' Such struc-
tures are protected from actions to compel their "removal, al-
teration or relocation."
To come within the statute of limitations, the structure
must have been erected or improved:
• without a building permit„
• in violation of the terms of any original building permit,
or
• in violation of the conditions of any variance or special
permit.
Such structures are protected by the ten-year statute of limita-
tions, measured from "the commencement of the alleged vio-
lation."
§7.4.4.3 Other Issues
The provision establishing the six-year statute of limita-
tions protects uses operating in accordance with the terms of
an original building permit. The ten-year statute of limitations,
however, does not expressly refer to uses; it protects only vio-
1
"Notice shall include the names of one or more of the owners of rec-
ord, the name of the person initiating the action, and adequate identification
of the structure and the alleged violation. There are no reported decisions
weighing the consequences for failure to provide such recorded notice.
'For a recent summary of the 1987 amendment, see William V. Hovey,
Curing Zoning Violations, 18 Mass. Law. Wkly. 2145 (1990).
283
strove / study 9
a razor is sharpened, an implement or strtc•Co (stukoh) n (pL -coos,
machine serving the same purpose. plaster or cement used for ooadsg
strop v. (stropped, strop•ping) to faun of walls or molding to form
sharpen on or with a situp, tectural decorations. stucco v.
strove(strohv) see strive. coed, alue•Co•Ing) to coat
.. struck(struk) see strike. sinew.
strue•tur•al (stuk-ch+5-rill) adj 1. of a stuck(stuk)see~.stuck adj 1.
structure or framework. 2. used in con. able to move or make-.progess, _
r, struction of buildings eta, structural stuck/ 2. (of an animal)_.that has
steel. atmertur•al•ly adv. stabbed or had its throat cut �abt
struc-ture (struk-chffr) n. 1. the way in on, (slang)infatuated with(a person.'-
which something is constructed or or- thing).stuck Whit, (injornrall unable
gsoized 2. a supporting framework or get rid of.
} the essential parts of a thing. 3. a con- stuck-up (stak-up) adj. (informal)
f ?., strutted thing,a complex whole,a build- oeited snobbish.
t ing. structure Y. (struC•turod;strue• shad'(stud)a 1.a short large-headed
tur•Ing)to give structure to,to organize. a rivet, a small knob projecting
i` strudel (shoo-&L sbtroo-) n. a pastry sukfaw= 2. a device like a button
. . usually made of thin dough rolled shank, as used to fasten a
around a filling of fruit or cheese etc. shirt collar. 3. the upright beam
Strug-gle (Am") v. (strug-gled, in a wall to form a frame for p
atmg•gling) 1. to move one's limbs or stud v.(stud•ded,studding)to
' body in a vigorous effort to get free. 2. rate with studs or precious atones set'.
{ to make a vigorous effort under difficul- a surface, to strengthen with studs:"
ties, to make one's way or a living etc. studs n. 1. a male home or other
with difficulty. 3. to try to overcome an kept for breeding. 2. the place'
opponent or problem eta struggle n. these are kept Oat stud, (of a
a spell of struggling, a vigorous effort, - horse)available for breeding on pa
}; a hard contest stmgrgler it. of a fee.stud farm,a place where bass
t. strum (strum) v. (strummed, strum- are bred. stud poker, a form of pgE
ming) to play (a stringed instrument) with betting after the dealing of
with a light sweeping motion across the sive rounds of cards face up,
t strings.strum n.the act or sound made stud. abbr. student-
by
tudentby strumming. - stud-book(stud-buuk)n.a book
strum-pot(strum-pit)n.(old use)a prosti- the the pedigrees of harass.
't v rate. ated•ding (stud-ing) L R studs (milt
v strung (strung) we string. beams, etc.), material for these.. .
strut(strut) n. 1. a bar of wood or metal student (stoodtnt) n. a person
insetted into a framework to strengthen engaged in studying something, a
and brace it 2. a strutting walk. stmt at a university or other place of
v (stmt-tad, strutting) to walk iia education or technical training,
€ pompous self-satisfied way. students.
atryct•nlne (sulk-nin) n. a bitter highlyn very small tentionally contrived, answered
stud-led(stud-ced) adj tardugy
poisonous substance, used i
doses as a stimulant. studied indifference atudried ly.,
stub(stub)n.1.a short stump.2:a detach- sbu•dl•o (stoodioh) n. (p1 os) 131Y t
able section of a check or ticket etc.kept working room of a painter,sculptor;
�,- as a record after the rest has been torn tographer, eta 2. a room or pitirtfts-
�;, off. stub v. (stubbed, stub-bing) to where motion pictures are madeif8�
strike against a hard object, stub one's room from which radio or Y
'V toe;stub out a cigarette, extinguish it by grams are regularly broadcast
,. pressing it against something hard which recordings are made. O
stub-bre(stub-0) n. 1. the lower ends of apartment,a one-room a
lks partmenF3
the staof grain left in the ground after a kitchen and bathroom.studb CYYtK it
-r{ the harvest is cut 2.a short stiffgrowth a divadike couch that can be omvsd
of hair or beard,especially that growing into a bed.
a after shaving. stubrbly adj. stu•dl•ous (stoodi-aa) adj 1.
t:....- stub•bom (dub-6m) adj. obstinate, not study,habitually spending murhti®}4
docile,not easy to control or deal with. studying. 2. deliberate, b
atubrbom•ly adv.stubrborn•ness n. dious politeness. stuldl•ous_IY I
stubby (stubee) adj. (-bl•er, -b1-est) aturdi•ous•neea m
like a stub, short and heavy or thick. slud•y(stud-ee) n. (pl. stud-10111s
atabrbl•neea n. process of studying,the +