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' �oMY�ulrA.� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL 2010 JUN' -2 P 2- 1.2
MAYOR
CITY C. `°ii 1S,°:,.
June
y 2, 2010
Decision III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
2010081300400 Bk,29680 Pg;369
:
City of Salem Zoning Board of Appeals 08/13/2010 02 57 PERMIT P9 1/3
Petition of CABOT STREET GROUP, LLC, seeking a Special Permit under Section
3.1.2 of the Salem Zoning Ordinance in order to convert a historic carriage house
into one dwelling unit on the property located at 24 CABOT STREET, Salem, MA
(Residential Two-Family Zone).
A public hearing on the above Petition was opened on April 14, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was continued to May 19, 2010 and closed on
that date with the following Zoning Board of Appeals members present: Robin Stein,
Rebecca Curran, Richard Dionne (who recused himself as a direct abutter), Bonnie Belair
(alternate), Annie Harris, Beth Debski, and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 3.1.2 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Attorney James Mears represented the petitioner at the hearing.
2. The principal structure on the property at 24 Cabot Street is a three-family house.
3. In a petition dated March 26, 2010, petitioner requested a Special Permit to
convert a historic carriage house into one (1) dwelling unit.
4. At the April 14, 2010 hearing, the Board expressed concern about the proposed
parking layout and the ability to actually access the proposed parking spaces.
They were also concerned about the lack of green space left on the site after
construction of the parking area.
5. Also at the April 14, 2010 hearing, abutter Richard Dionne, 23 Gardner Street,
objected to the plan, citing inadequate parking area and too high a level of density
on the site for the neighborhood.
6. The hearing was continued to May 19, 2010. At this hearing, the applicant
submitted a revised parking plan and narrative to the Board, showing four parking
spaces to be located on the first floor of the carriage house rather than the
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originally proposed two, thereby eliminating the need for two of the outdoor
parking spaces and allowing for better maneuvering.
7. While the new plan showed seven spaces, the Board contended that only six of
them were legal because space 5 could not be easily accessed if a car were parked
in space 6. Only six spaces are required by the Zoning Ordinance.
8. Board members stated they wanted the carriage house to retain its historic look,
and that exterior finishes should reflect this.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, since the project provides sufficient
parking and preserves a historic carriage house.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to convert the historic carriage house into one (1) residential
dwelling unit, which is consistent with the intent and purpose of the City
of Salem Zoning Ordinance.
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow for the conversion of a historic
carriage house to one (1) dwelling unit.
In consideration of the above, the Salem Board of Appeals voted, four(4) in favor (Stein,
Curran, Tsitsinos and Debski in favor) and one (1) opposed (Belair), to grant petitioner's
requests for a Special Permit 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, (approved plan is dated
May 10, 2010), except that parking space 5 is not to be considered a legal
space.
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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; the carriage house is to maintain its appearance as a
historic carriage house, with wood doors, siding, and windows.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
8. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
9. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s) located on the subject property to an extent of
more than fifty percent (50%) of its floor area of more than fifty percent
(50%) of its replacement cost at the time of destruction. If the structure is
demolished by any means to an extent of more than fifty percent (50%) of
its replacement cost or more than fifty percent (50%) of its floor area at
the time of destruction, it shall not be reconstructed except in conformity
"prov"111 the Ordinance.
1 Date Ai1Pr '1 1� 2010
p
ti Robin Stein, Chair
4' I hereby certify that 20 days have expired Salem Board of Appeals
¢ from the date this instrument was received,
and that NO APPEAL has been filed in this
office.
rA True Copy Q BEEN LED WITH THE PLANNING BOARD AND THE CITY CLERK
`i ATTEST:_C11T ale , E7
Appeal from this decision, if any, shall be m lde pursuant to Section 17 of the Massachusetts General Laws
p Chapter 40A, and shall be filed within 20 dad,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 Pernut
granted herein shall ript toe of f uo ppcopy of the decision bearing the certificate of the City Clerk has
been�il2=2 the Essex South Registry of Deeds.
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FORM B - BUILDING G I 8 I
AR FORM N0.
MASSACHUSETTS HISTORICAL COMMISSION 33
80 BOYLSTON STREET
BOSTON, MA 02116
Salem
es5 24 Cabot Street
oric Name
Present Residential
Original Residential
IPTION
* I Between 1874 and 1882
ce Atlases directories
le Second Empire
hitect
Sketch Map: Draw map showing property's Iota on
in relation to nearest cross streets and/or Exterior Wall Fabric Shingle (wood)
geographical features. Indicate all buildings
between inventoried property and nearest Outbuildings carriage house
intersection(s).
Indicate north � r
Iv Major Alterations (with dates)
D
d
O
H
�ARDN SST Condition Excellent
N
LI Moved Date
Acreage Less than one
Setting Dense residential street
UTM REFERENCE Recorded by Northfields Preservation
Associates
USGS QUADRANGLE Organization Salem Planning Dept .
SCALE Date May 1989
NATIONAL REGISTER CRITERIA STATEMENT (if applicable)
ARCHITECTURAL SIGNIFICANCE Describe important architectural features and evaluate in terms of
other buildings within the community.
24 Cabot Street is. one of several substantial Second Empire
style houses in this area of Salem. It is a 2 1/2 story, three-bay
building with a fishscale slate mansard roof, and paired cornice
brackets. The center entry has double doors, a bracketed hood and
a transom. Rising from the hood is a second-story oriel with
paired cornice brackets. The windows have tab-bracketed caps and
2/2 sash . There are three flat-roofed dormers at the facade and
two dormers at each side elevation. The building possesses a
one-story ell (rear) , and a two-story dog (south) . The foundation
is brick . A clapboarded carriage house with a louvered cupola and
slate roof is located at the rear of the property.
HISTORICAL SIGNIFICANCE Explain the role owners played in local or state history and how the
building relates to the development of the community.
This section of Cabot Street is part of a small area which
survived Salem's mayor fire of June 25, 1914, and reflects the type
of modest single and small multi-family housing which filled this
area of Salem. Cabot Street was laid out by 1874, when much of it
was still undeveloped. 24 Cabot Street was built between 1874 and
1882. The residents in 1882 were John Pollock and James H. Morse.
Pollock , who owned the house in 1897 , was a partner of E. Henry
Morse in the carpentry firm of Morse and Pollock. James H. Morse
was a surveyor.
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BIBLIOGRAPHY and/or REFERENCES
Salem City Directories
McIntyre, H. Ma of the Cit of Salem. Philadelphia, 1851 .
Hopkins, G. as o Salem. Philadelphia, 1974.
Richards. Atlas of Salem, 1897.
8/85