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10 CHESTNUT STREET - ZBA 10 Chestnut St. (R-2) Alan T. Howe r C6 f w T , of "ittlem, ttsstttljuse##s �3ottra of 'Appeal kEcum�.� September 9, 1991 Notice is hereby given that as of September 4, 1991 the decision of the Board of Appeal has been filed in ;the office of the City Clerk to grant the petition of Alan T. Howe for a Special Permit to allow two family dwelling at 10 Chestnut Street. BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board Appeal from this decision, if any, shall be made pursuant to Section 17 dE the Mass. General Laws, Chapter 8o8, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. Genera: togs, Chapter 808, Section ii,the variance or ?tpecial Permit e!-ante ` l,c ai, sh:II not take effect until a copy of the decision, bearing th; a1-rUflc—,ire of the City Clerk that 20 days ha99e elapsed and no apFe'ri has 6eei filed, or that, if such appeal has been filed,that it has bei;: dsr^is=ea 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 +n the owner's Certificate of Title. BOARD OF APPEAL _ Uflrm, � �ssttchusetts DttrD of -Aa SEP CIAl Ss" DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT ' AT 10 CHESTNUT ST. (R-2) A hearing on this petition was held August SL 21 > 1991 with the following gBoard Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinskj Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to return the premises to its two family use. The property is located in an 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 expanstion 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 Special Permit request may be granted upon a finding of 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 viewing the plans, makes the following findings of fact: 1 . The premises is located in an Residential Two family district (R-2) 2. The premises was used as a two family home from 1971 through 1989. 3. No physical alterations are required as the rental unit remains intact from its last use in 1989• 4. Adquate on site parking is available for both units of the two family. 5. That this property is located in the McIntire Historic District and numerous correspondence was read into the record regarding this property from the Salem Historic Commission. 6. All abutters of the premises were notified by mail of this petition before the Board. 7 . That one neighbor spoke in favor of the petition and three abutters were opposed. DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT . '.'-.T 10 CHESTNUT STREET, SALEM page two On the basis of the above findings of fact, and on the evit&Pce'.Dresented at the hearing, the Board of Appeal concludes as follows: J'2t ,: ' 1 . The proposed changes will not be substantially more detrimental to the 5 neighborhood than the existing nonconforming use and can be granted in harmony with the Zoning Ordinance and without derogating from its intent or the public good. Therefore, the Zoning Board of Appeal vote 4-1 to allow the Special Permit requested, with Mr. Bencal opposed, subject to the following conditions: 1 . That petitioner comply with all City and State statutes, ordinances, codes and regulations. 2. A Certificate of Occupancy be obtained for the second unit. 3. That adquate, legal parking be maintained for the residents of the premises. 4 . All requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 5. That any and all Certificates of Appropriateness of the Salem Historic Commission relative to 10 Chestnut St. be complied with. Special Permit Granted August 21 , 1991 �'/Joseph C. Correnti, Secretary 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 OT .,•a ^a-s. ^craml L-•.. Chc pier Cns, and sho!i be filed within 20 day; cd the d_:.a-cr .• c : .� c:ecisic.9 in the office of the City Clerk. ,:u,• r.nt '.. I:.r: _. .c. „..n;'er SO.". Section 11. the Variance c• .. _.... . .. i :.,at t;:ko effect until a copy e: bio cacr_.::�, �. ...J.. . . . ,ce City Clcrk that 20 cloys ho coag cd are , .... _ or that, if such appeni has been filed, thA it herr 6t:an c :r:^.r: :.r •'a.n.icd is recorded in the South Essex Registry of De2ck and i:ria:e:i um.'sr the name er the owner of record or is recorded and nosed fn the owner's Certificate of Title. BOARD OF APPEAL' � y�� fGitn of � �7.R ZlIPm, , assadluu)tts �i �Bnara of -ASEPu�ettl DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT AT 10 CHESTNUT ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening Mews in accord- ance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to return the premises to its two family use. The property is located in an R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Soeciai 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 expanstion 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 Special Permit request may be granted upon a finding of 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 viewing the plans, makes the following findings of fact: 1 . The premises is located in an Residential Two family district (R-2) 2. The premises was used as a two family home from 1971 through 1989• 3. No physical alterations are required as the rental unit remains intact from its last use in 1989. 4. Adquate on site parking is available for both units of the two family. 5. That this property is located in the McIntire Historic District and numerous correspondence was read into the record regarding this property from the Salem Historic Commission. 6. All abutters of the premises were notified by mail of this petition before the Board. 7 . That one neighbor spoke in favor of the petition and three abutters were opposed. DECISION ON THE PETITION OF ALAN T. HOIWE =JR A SPECIAL PERMIT --.T 10 CHESTNUT STREET. SALEM page two On the basis of the above findings of fact, and on the evi&pce.presented at the hearing, the Board of Appeal concludes as follows: J ° C 1 . The proposed changes will. not be substantialiy more detrimental to the•3 neighborhood than the existing nonconforming use and can be granted in harmony with the Zoning Ordinance and without derogating from its intent or the public good. Therefore, the Zoning Board of Appeal vote 4-1 to allow the Special Permit requested, with Mr. Bencal opposed, subject to the following conditions: 1 . That petitioner comply with all City and State statutes, ordinances, codes and regulations. 2. A Certificate of Occupancy be obtained for the second unit. 3. That adquate, legal parking be maintained for the residents of the premises. 4 . All requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 5. That any and all Certificates of Appropriateness of the Salem Historic Commission relative to 10 Chestnut St. be complied with. Special Permit Granted August 21 , 1991 i�/Joseplh C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from thls decision, if any, shall be made pursuant to Section 17 tft COC, and sha!i be filed within 20 clays ., ..r it:a d_•.a C. -,t C. ."Co Hca in :he office of tha City Cla,'a. -o.•,r:a'r .:;r:::. .. .i, „•..i;'er 803, Section 11, the Variance u .._. . .. I :of t.r.kc effect until a ccpy of tiia ,. e City Cieck that..^_0 days ha Gaco^_r! cn' , . . .... ar that, if such appeal has bean filed, thct it hoc L•can C ;r— c. xmCd is recorded in the South Essex Registry of Decd: and iode:e un,'er lh: name er the owner of record or is recorded and nosed en the o+mer's Certificate of Title. BOARD OF APPEAL \, (Citu of ulrm, �ssttcltusetts u ? nttra of _fit real 3"f;' 0 2 DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT AT 10 CHESTNUT ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinsk Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to return the premises to its two family use. The property is located in an 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 expanstion 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 Special Permit request may be granted upon a finding of 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 viewing the plans, makes the following findings of fact: 1 . The premises is located in an Residential Two family district ( R-2) 2. The premises was used as a two family home from 1971 through 1989• 3. No physical alterations are required as the rental unit remains intact from its last use in 1989• 4. Adquate on site parking is available for both units of the two family. 5. That this property is located in the McIntire Historic District and numerous correspondence was read into the record regarding this property from the Salem Historic Commission. 6. All abutters of the premises were notified by mail of this petition before the Board. 7 . That one neighbor spoke in favor of the petition and three abutters were opposed. i DECISION ON THE PETITION OF ALAN T. HO;dE FOR A SPECIAL PERMIT .-'.T 10 CHESTNUT STREET. SALEM page two On the basis of the above findings of fact, and on the evi&VICEY;Prese;nted at the hearing, the Board of Appeal concludes as follows: '� �i is 1 . The proposed changes will not be substantially more detrimental to the)S neighborhood than the existing nonconforming use and can be granted in harmony with the Zoning Ordinance and without derogating from its intent or the public good. Therefore, the Zoning Board of Appeal vote 4-1 to allow the Special Permit requested, with Mr. Bencal opposed, subject to the following conditions: 1 . That petitioner comply with all City and State statutes, ordinances, codes and regulations. 2. A Certificate of Occupancy be obtained for the second unit. 3. That adquate, legal parking be maintained for the residents of the premises. 4 . All requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 5. That any and all Certificates of Appropriateness of the Salem Historic Commission relative to 10 Chestnut St. be complied with. Special Permit Granted August 21 , 1991 Jose C. Correnti, Secretary 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 Oft 'cr.src! La: -, C`ap'er COS, and she!1 be filed within 20 clays ., .•_ iLe do:a r. C.n,, c s c:ecisi;.n in :he office of the City Clark. r o!•vant '.r !dr;::. ' .. SOS, Seton 11, the Variance c• ' ..... .0 i :sot t.-ka effect unti! a copy of the cat!--4." ,!.- City Clerk that 20 days ha era:oed ar. - : .... r�•_ !. or that, if such appeal has been filed, th,t it ha: Econ c_;r'i<.r. ^pied is recorded in the South Essex Registry of De^dr. and 11'19:'z 1 on 'er the name or the owner of record or is recorded and nosed rn the o'.vner's Certificate of Title. BOARD OF APPEAL' Chi of �&Ulvm, _fflassachuedt!5 Boura of Aupeal SE J U" J j DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT AT 10 CHESTNUT ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to return the premises to its two family use. The property is located in an 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 expanstion 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 Special Permit request may be granted upon a finding of 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 viewing the plans, makes the following findings of fact: 1 . The premises is located in an Residential Two family district (R-2) 2. The premises was used as a two family home from 1971 through 1989. 3. No physical alterations are required as the rental unit remains intact from its last use in 1989• 4. Adquate on site parking is available for both units of the two family. 5. That this property is located in the McIntire Historic District and numerous correspondence was read into the record regarding this property from the Salem Historic Commission. 6. All abutters of the premises were notified by mail of this petition before the Board. 7. That one neighbor spoke in favor of the petition and three abutters were opposed. DECISION ON THE PETITION OF PLAN T. HOWE FOR A SPECIAL PERMIT AT 10 CHESTNUT STREET. SALEM page two On the basis of the above findings of fact, and on the evir tce�,prI's ented �t the hearing, the Board of Appeal concludes as follows: I'll ,; 1 . The proposed changes will not be substantially more detrimental to the'S neighborhood than the existing nonconforming use and can be granted' in harmony with the Zoning Ordinance and without derogating from its intent or the public good. Therefore, the Zoning Board of Appeal vote 4-1 to allow the Special Permit requested, with Mr. Bencal opposed, subject to the following conditions: 1 . That petitioner comply with all City and State statutes, ordinances, codes and regulations. 2. A Certificate of Occupancy be obtained for the second unit. 3. That adquate, legal parking be maintained for the residents of the premises. 4 . All requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 5. That any and all Certificates of Appropriateness of the Salem Historic Commission relative to 10 Chestnut St. be complied with. Special Permit Granted August 21 , 1991 VJoseA C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK A&peal from this decision, if any, shall be made pursuant to Sectlon 17 df Ma-s. ?,i!sro! Lc� Chop'or 1103, and sho!I be filed within 20 days cii._r 6;e d:.ta c, ..ci : . eclsicn in :he office of tha City Clark. Pmru,i,is !.�3, .. ,, C..n-,ter SQC, Section 11, the Variance c- . .......: i :sot 7:,ka effect until a copy of bre City Clerk that 20 days ha". eia,ccd a^. .... r�< I. or that, if such appeal has been filed, ihctit ha:buy n c,;C i•.. :.r -'e^.ied is recorded in the South Essex Registry of Deedz and isle::e.i Lin or the name or the owner of record or is recorded and nosed tin the owner's Certificate of Title. BOARD OF APPEAL �.y Titu of ttlrm. � �ssttcltusefta Bottra of A vpeat SEP u DECISION ON THE PETITION OF ALAN T. HOWE FOR A SPECIAL PERMIT AT 10 CHESTNUT ST. (R-2) A hearing on this petition was held August st 21 , 1991 with the following Board Members present: ;Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Special Permit to return the premises to its two family use. The property is located in an 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 expanstion 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 Special Permit request may be granted upon a finding of 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 viewing the plans, makes the following findings of fact: 1 . The premises is located in an Residential Two family district (R-2) 2. The premises was used as a two family home from 1971 through 1989• 3. No physical alterations are required as the rental unit remains intact from its last use in 1989. 4. Adquate on site parking is available for both units of the two family. 5. That this property is located in the McIntire Historic District and numerous correspondence was read into the record regarding this property from the Salem Historic Commission. 6. All abutters of the premises were notified by mail of this petition before the Board. 7. That one neighbor spoke in favor of the petition and three abutters were opposed. DECISION ON THE PETITION OF PLAN T. HOWE FOR A SPECIAL PERMIT AT 10 CHESTNUT STREET. SALEM page two On the basis of the above findings of fact, and on the evi&pce,presegted at the hearing, the Board of Appeal concludes as follows: �1 1 . The proposed changes will not be substantially more detrimental to the'S neighborhood than the existing nonconforming use and can be granted 1-n harmony with the Zoning Ordinance and without derogating from its intent or the public good. Therefore, the Zoning Board of Appeal vote 4-1 to allow the Special Permit requested, with Mr. Bencal opposed, subject to the following conditions: 1 . That petitioner comply with all City and State statutes, ordinances, codes and regulations. 2. A Certificate of Occupancy be obtained for the second unit. 3. That adquate, legal parking be maintained for the residents of the premises. 4 . All requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 5. That any and all Certificates of Appropriateness of the Salem Historic Commission relative to 10 Chestnut St. be complied with. Special Permit Granted August 21 , 1991 (/Joseph C. Correnti, Secretary 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 CT Sce^_rel L.o•: C`np7or C00, and sha!I be filed within 20 clays cil._r cke d:.ta ri ; r; �;.Tn Jecisi;.n in :he office of the City Clunk. rw-tr.nt is Iti]s:. _. - :.a;'or SCS, Secten 11, the Variance c. .._. .. i ::of t;.ke effect until a copy of tha cac.c cn, i,�1 City Clcik that 20 days ha eiap;,ai cn ro r.;_ . .... . or that, if such appeal has been filed, lhct it hat bc;n c::r;is_c. -imcd is retcrded in the South Essex Registry of De_dc and m-'! L! LITI nr tla name or the owner of record or Is recorded and nosed ro the owner's Certificate of Title. BOARD OF APPEAL' �M,COVOIT'�Q < e MINEAr �Hr Salem Historical Commission ONE SALEM GREEN, SALEM, MASSACHUSETTS01970 August 27, 1991 Richard Bencal, Chairman Board of Appeal c/o Brenda Sumrall, Clerk One Salem Green Salem, MA 01970 RE: 10 Chestnut Street Dear Chairman Bencal: Mr. Alan Howe recently received approval for a special permit for a two family at 10 Chestnut Street which, we understand, is conditional that all Certificates issued by the Salem Historical Commission for this property be complied with - namely, replacement of a fence in violation with a new fence approved under a Certificate of Appropriateness on June 6, 1990. Please be advised that the Salem Historical Commission has recently received an application for a Certificate of Appropriateness from Mr. Howe to modify the approved replacement fence for 10 Chestnut Street. Due to the requirements for public notice, the Commission cannot review this application until its meeting of 9/11/91. Since Mr. Howe had recently indicated in writing that the fence would be completed no later than 8/31/91, the Commission is extending the date of compliance for the completion of the fence until 9/11/91. At the 9/11/91 meeting, the Commission will then provide a new date of compliance for completion of the fence - whether for the original Certificate or under a new Certificate with approved design modifications. If you require additional information, please contact our Clerk, Jane Guy, at the Salem Planning Department. Sincerely, THE SALEM HISTORFCAL COMMISSION Annie C. Harris Chairman cc: Alan Howe Building Dept. JG\JG\APPEALHOWE DATE OF HEARING PETITIONERj�iJ7l �¢ � p 0 LOCATION /(� z Jt MOTION: TO GRANT / SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD BENCAL / Z JOSEPH CORRENTI Y RICHARD` FE19NIO / /EDWARD LUZINSKI V MARY JANE STIRGWOLT ASSOCIATE MEMBERS RONAL�AT. _ ARTHUR L*BHE,=E CONDITIONS: / / r - J - 0 ' ,�,cusolij� 1\7 ♦� Gr.r rrt�si f\ 'Ff1�E D1�i Salem Ist®rical 'Commission ONE SALEM GREEN SALEM, MASSACHUSETTS 01970 August 21, 1991 Richard Bencal, Chairman Board of Appeal One Salem Green Salem, MA 01970 RE:. 0 Chestnut S�eet� & 331 Essex Street Dear Chairman Bencal : The Salem Historical Commission is in receipt of your agenda for August 21, 1991 of which petitions from Alan Howe, relating to 10 Chestnut Street and 331 Essex Street, will be heard. Both of these properties are located within the McIntire Historic District and are under the jurisdiction of the Salem Historical Commission. The Commission, since May, 1988 , has been attempting to correct an outstanding violation at 10 Chestnut Street concerning a fence that was constructed without approval . The Commission corresponded and met with Mr. Howe and, at its meeting of June 6 , 1990, approved a replacement fence. Our last correspondence to Mr. Howe was on October 23, 1990 in which Mr. Howe was given until November 28, 1990 to install the approved fence. As of this date, the fence is still not completed and, until prompted by our clerk last week, Mr. Howe had not initiated any written or verbal correspondence concerning this issue. In September, 1988 , the Commission approved plans for the construction of a secondary means of egress for 331 Essex Street conditional that the plans be amended as stated in the Certificate of Appropriateness . As of this date, the work has also not been completed. On August 20 , 1991 the Commission received a letter from Mr. Howe which provided an update of the status of work for both properties . He has indicated that the fence work at 10 Chestnut Street will be completed by August 31, 1991 and that he is pursuing refinancing to complete the work at 331 Essex Street. Should the Board of Appeal approve Mr. Howe ' s petitions for these properties, the Salem Historical Commission respectfully requests that the approvals are conditional that the conditions of the Salem Historical Commission' s Certificates of Appropriateness dated September 26 , 1988 and June 7 , 1990 be met. In addition, since Mr. Howe has a history of not promptly adhering to the conditions of the decision by a public board, we respectfully request that no Certificate of Occupancy be issued for any unit at 331 Essex Street until the conditions of the Certificate of Appropriateness dated September 26 , 1988 are met. Documents referenced in this letter are attached. Thank you for your consideration in this matter. S,icerely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc : Alan Howe William Monroe JG\JG\HOWE 10 CHESTNUT STREET - 1 SALEM, MASSACHUSETTS, 01970 f August 2 , 1991 Salem Historical Commission One Salem Green Salem, Massachusetts 01970 Dear Members : This letter is to update you on the status of the work, for which Certificates of Appropriateness were issued on 10 Chestnut Street and 331 Essex Street . The fence construction on 10 Chestnut Street is underway and should be completed by August 31 , 1991 . With the exception of post capS , the front portion is completed . The materials for the stockade fence portion are on hand and barring any further bad weather, there should be no problem in meeting the August 31 date . Though not entirely unrelated , 331 Essex is another mattter . I have had and still have every intention in completing the work there. Although I have had the building on the market , it now appears likely that I will be successful in obtaining a partner and refinancing to complete the project . On this matter I am in a race for time to put the financing package together and avoid bank forclosure , which is now in process . It is my hope that the Board of Appeal will approve my petition to change the use from a lodging house for twelve persons to a 7 unit , one bedroom apartments and /or studios . I believe this will be a less intense use of the building and permit ne to attract a better grade of tenant . I hope this letter answers some of your concerns . Sincerely yours , Sob 3522 Telephone A.17.743 629 I.Sa1em ,Histo c: i 170MM955140" ONE SA.LEid GnEEN. SALE'.'. '.1ASSACHUSETTS G1 970 6171 '5 5595. EXT. 311 October 23 , 1990 Alan T. Howe & Joseph P . Feroce 10 Chestnut St . Salem, MA 01970 Dear Messrs . Howe & Feroce : On June 6, 1990, the Salem Historical Commission approved a 6 ' fence to replace a temporary fence that had been installed at 10 Chestnut Street . Since over four months have passed since approval of the proposed fence , the Commission is writing to remind you that the fence as currently installed is not approved and is therefore in violation . The Commission respectfully requests that the approved fence be installed before the Commission ' s meeting of November 28, 1990 . Thank you for your cooperation in this matter . Sincerely , THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman HIS106 i a r ]1 omsr ion :.;bA:;HUSETTS01970 r'y' NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS RE: 10 Chestnut Street i On Wednesday, April 18, 1990, the Salem Historical CommissionY, unanimously denied an application for a Certificate of Appropriateness from Alan Howe et al for his property at 10 Chestnut Street regarding the replacement of a fence. The ',`..,,,,;' application was denied due to the applicant not being present to answer questions and the lack of information required to make an informed determination. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date . The Commission requires that a complete application for fence replacement be filed within 30 days . April 19 , 1990 Jan A. Guy Cl#k of the C fission cc : Building Inspector City Clerk Minutes/Denial . r •r t. .t h., V!t +� .,+Illy 994�yY., 10 CHESTNUT STREET h 0Q '> SALEM, MASSACHUSETTS, 01970 Fr L... February 11 , 1990 Ms . Annie C . Harris Chairman Salem Historical Commission One Salem Green Salem , Massachusetts 01970 Dear Ms . Harris , Following through on our recent telephone call , I wish to assure you that I shall comply with the Commission ' s wishes in every respect both here at 10 Chestnut Street and with the completion of 331 Essex Street . Mr . Ballou is drawing up plans for restoring the side door on the Cambridge Street side to as near the original as possible . I have decided to remove the picture window and replace it with a window as it originally was . He is also working on the fence design. I as!ced him to do it as soon as I received your letter and I regret that the plans are not completed . However , I expect they should be ready when I return from my trip the end of February and I will make an application at that time . I regret not being able to meet your 30 day demand , but I am certain the work will please the commission , especially since I elected to rid the house of a feature over which your only control would have been sweet persuasion. Thank you for your patience . WSincerely r ✓ e Telephone 617-745-7629 Sajen ONE SALE.".1 !A ASSAGI-;U_ET-_ -,'!.?'0 January 22 , 1990 Alan Howe 10 Chestnut Street Salem, MA 01970 Dear Mr. Howe: On June 2 , 1988 the Salem Historical Commission reminded you that the temporary installation of a stockade fence at 10 Chestnut Street had been permitted provided that the fence would be removed by November 15 , 1988 . Since the fence installation has not been approved under a Certificate of Appropriateness , Hardship or Non-Applicability, the Commission requires that it be removed and that an application for an appropriate lacement be PPreplacement filed with the Commission. It has also come to our attention that a new metal door has been installed at the back wing of the property. This door is not in keeping with the requirements of the Commission and it is required that an application for an appropriate replacement be filed. Please submit your applications for the fence and door to the Salem Historical Commission, One Salem Green, Salem, MA within 30 days . If you need assistance , please feel free to contact the Clerk of the Commission, Jane Guy, at 745-9595 , ext . 311 . Thank you for your cooperation in this matter . Respectfully, THE SALEMV HISTORICAL COMMISSION Annie C . Harris Chairman cc : Building Dept . City Solicitor City Clerk J3519 10 CHESTNUT STREET SALEM, MASSACHUSETTS, 01970 `;9 June 8 , 1988 .. . Mr , Kent Healy Preservation Planner Salem Historical Commission One Salem Green Salem , Massachusetts 01970 Dear Mr . Healy , Thank you for your kind letter of June 2 . Indeed I have not forgotten our understanding , nor the dates . Really , do you believe that a person who would oppose Hamilton Hall ' s so called restoration---could tolerate for himself an ugly picket fence ? I shall be away for the next two we@IF§ ddin�g research into the origination of an oil painting I acquired and which is now on exhibit in the Evans Gallery of the Museum of Fine Arts in Boston. It is called� ]The Lady in The Red Shawl" American School circa 1838 . My miffs pretty much occupied with that project . When I return I will bring my attention to the fence . My neighbor Professor John Donaghue , Ph. D. in the History of AMerican Architecture is to decide how he would like his fence to interface with mine . And if I am sucessful in acquiring Dr . Donovan' s house at 331 Essex Street , I shall want to plan tfhe fence in relationship to a landscaping plan for that property as well as mine . So I can assure you again that the fence is temporary and when all the problems are resolved , we shall be able to plan a fence that will be sensitive to the historical district . Sincer Alan T . Howe Telephone 617-745-7629 %eyta -✓wilEL� � JM ��r L��a�L11Y ,..i e' ! .JIIJiIrdiA+1/ "JE S.�,LEM GREE:'L t:ALE'..M, '.1 A'SSACh;CSE--: i ...70 0171 -_5.9595. E.<-_ June Z, 1988 Alan Howe 10 Chestnut Street Salem, MA 01970 Dear Mr. Howe: I am writing in regards to the conversation we had a month ago concerning the picket fence you erected on the Cambridge Street side of your property. At the time you assured me that the fence was temporary. The Historical Commission never approved the fence but since you stated that it is temporary we agreed to give you a six month grace period. This grace period began May 15, 1988, and will run through November 15, 1988. By November 15, 1988, you must either have applied to the Historical Commission and gotten approval for the fence, or have taken the fence down. If you decide to take the fence down and replace it with a new one, that fence must be approved by the Historical Commission. The same is true for any above grade exterior changes you plan for your property that are visible from a public way within the Historic District. If you have any question concerning this issue or any other, feel free to call me at 745-9595, ext. 311. Sincerely, Kent Healy Preservation Planner City of Salem M38 WP �GL{ryi. Salem Historical Commission CITY HALL. SALEM. MASS. ois7o CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction ( ) ; reconstruction ( ) ; demolition ( ) ; moving ( ) ; alteration (x ) ; painting ( ) ; sign or other appurtenant fixture ( ) work as described below in the . . . MrTnt ; rr Historic District (NAME OF HISTORIC DISTRICT) Address of Property: 10 rhaatnii� at Name of Record Owner: Alan Hnwp Pt n1 DESCRIPTION OF WORK PROPOSED: Replacement of fence as per drawing with the option that the post at the property line of 10 Chestnut and 6 Cambridge be placed either at the property line or abutting 6 Cambridge St . as determined by the applicant and his abutter. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated: 6/7/90 SALEM HISTORICAL COMMMMISSION ay Chairman / r APPEAL CASE NO. .. .. .. .. .. .. .. .. .. ... . . of �ittiem, Itt��tutizsPtts S 7 �A J�GO�IL BOARD OF APPEALS: , ne ,Ondersi n� repr s L th t n are the owners of a certain parcel of land located TO THE at g �.�.ri.,. .pJ . . . . . . . . . . . . . Street: Zo`ino -,istrict�2 !. �r/Ulm 7J _ and said parcel is affected 07 ect:on s : . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. 7 PIZ 1/ 4101 �YG>vG„_ j `� 7 / / �/�J , // 6C(/i /ZG✓y lG tet' �J 771111- G G1� Ldp v n_ %7L// 6z0­1 The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals 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 be granted without substantially dero- gating from the intent and purpose of the ZoninOrdinance and Building Code for the following reasons: / Xz .>w 0 CL p r J Owner.Ae7 ,. -.l Z. .. ....!. . . ✓ . . .✓.: . f? 4e ... . . Telephone. . . . e, N Petitioner. .G�'�`-<-./••�•�-Q • • • J v o " Address. . . .I�.��l�'. . . . . . . . . /. . . . . . . . . ate. . . . ',: �.. . . . . Telephone. . . :. 1. l. . . /. ..1'� �. . . . . . . . . . . . CD _ :n !!J =o gy„g U Three copies of the application must be filed with the Secretary of the Board o Appeals with a check, for advertising in the amount of. . . . .. . . . . .... . .. . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. I_A NOCOUR I SI.I r7VrY5 SI In DIVISIONS REGISIrRE.DI.ANr7sURVr YOR nrGICIrRrDCIVII rNGINrrR ` LOTSURVEYS MORIGAGESURVEYS CONSI.IU INC, PARSONS AND FAIA, INC. 60 LEWIS STREET LYNN. MASSACHUSETTS 01902 5937927 t4Ir-roms , � hE6e�32.LS1 r,lr cop-WE„ a n z 44(T 3. uc w,f j } l aoi0 PAIQK'dr S74co �1 120' x l�' n i I i r' �E /1f✓Ac/ f�jIl rill I' acst+� ' yr r /$` j' '�� 4.•7; J I 513r.� 330 tD p 20 n° a 63 52�v 7560 21 V° ;•�:',I u 23,7/2 _ 514 u 6 , . 4100 J �0- ° v rn 2 o� v mt 80 515 u 5 �' rA rA m e 546 2 3,.9s to° 3 �, A `" � TOO 543 - p r 7.as.9 2 ro h 1524 H mI a 518 °t E E °'• �3 v'. i �.i' \,ab \ A _ tjt „e De. •enu° .'t J., .5 ,10 5. aae �za• ,rF1 ♦05 I , n - 468 /3 , 684 I . b,) 467 : i' 10l-9 7 LP /,• 594+ 4e00 270q m e�1 ' 487 484 477 ,. �O,a '�• iY,975 y 1 I .I li a I 7 sbfi I� 500 466 r� 7594 o m 333 CD - ` L, p . f V = N co / 1 'v r^ 645 6154 228 = +�—x 944 444 42 427 . n . 1.5g 0 D - 3 85 y 27 — , 423 Q ,r 42-6 : 48G r9su 2 d r Q' ` x I 4 8 231 , 5 1 e�3 a] I 478 2 s ,�. 0 4 1 , H62 71 1 232. 13.934 . ,110 ;I /319? 419 35281,7 986 O a p n 3, Z 1 1 33 35 a1 - 1 I M ,,�a�a. r o � m I'. is 2 9 2 2 Gr;�' o a I [!. N 424 t ✓ .5 Z22 ZZ3 ZZ4 o 2856 05 , 5 19754 ��. q(•0 14i9zo 22 z C r M o E t 5329 ;,n w bo �. S t R E • I SO / 535 530 r� 564 t• t le °t5h7 w s 35 551', �" ze 1 13• T t' °0.a cn 441 -1 3300 565, 71 t, 4 sm f v ,00 ,, 1 N `SO-' ACa 3a ' n3 1 ..CONUIT.I,�O < m f 9fOJA11NE�� Salem Historical CommissIr ion ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 August 21, 1991 Richard Bencal, Chairman Board of Appeal One Salem Green Salem, MA 01970 RE : 10 Chestnut Street & 331 Essex Street Dear Chairman Bencal : The Salem Historical Commission is in receipt of your agenda for August 21, 1991 of which petitions from Alan Howe, relating to 10 Chestnut Street and 331 Essex Street, will be heard. Both of these properties are located within the McIntire Historic District and are under the jurisdiction of the Salem Historical Commission. The Commission, since May, 1988, has been attempting to correct an outstanding violation at 10 Chestnut Street concerning a fence that was constructed without approval . The Commission corresponded and met with Mr. Howe and, at its meeting of June 6, 1990 , approved a replacement fence. Our last correspondence to Mr. Howe was on October 23, 1990 in which Mr. Howe was given until November 28, 1990 to install the approved fence. As of this date, the fence is still not completed and, until prompted by our clerk last week, Mr. Howe had not initiated any written or verbal correspondence concerning this issue. In September, 1988, the Commission approved plans for the construction of a secondary means of egress for 331 Essex Street conditional that the .plans be amended as stated in the Certificate of Appropriateness . As of this date, the work has also not been completed. On August 20, 1991 the Commission received a letter from Mr. Howe which provided an update of the status of work for both properties . He has indicated that the fence work at 10 Chestnut Street will be completed by August 31, 1991 and that he is pursuing refinancing to complete the work at 331 Essex Street. Should the Board of Appeal approve Mr. Howe' s petitions for these properties, the Salem Historical Commission respectfully requests that the approvals are conditional that the conditions of the Salem Historical Commission' s Certificates of Appropriateness dated September 26, 1988 and June 7 , 1990 be met. In addition, since Mr. Howe has a history of not promptly adhering to the conditions of the decision by a public board, we respectfully request that no Certificate of Occupancy be issued for any unit at 331 Essex Street until the conditions of the Certificate of Appropriateness dated September 26 , 1988 are met. Documents referenced in this letter are attached. Thank you for your consideration in this matter. 7a� ' ely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc : Alan Howe William Monroe JG\JG\HOWE 10 CHESTNUT STREET 1 SALEM, MASSACHUSETTS, 01970 Il e August =0 , '991 Salem Historical Commission One Salem Green Salem, Massachusetts 01970 Dear Members : This letter is to update you on the status of the work, for which Certificates of Appropriateness were issued on 10 Chestnut Street and 331 Essex Street . The fence construction on 10 Chestnut Street is underway and should be completed by August 31 , 1991 . With the exception of post caPS , the front portion is completed . The materials for the stockade fence portion are on hand and barring any further bad weather, there should be no problem in meeting the August 31 date. Though not entirely unrelated , 331 Essex is another mattter . I have had and still have every intention in completing the work there . Although I have had the building on the market, it now appears likely that I will be successful in obtaining a partner and refinancing to complete the project . On this matter I am in a race for time to put the financing package together and avoid bank forclosure , which is now in process . It is my hope that the Board of Appeal will approve my petition to change the use from a lodging house for twelve persons to a 7 unit , one bedroom apartments and /or studios . I believe this will be a less intense use of the building and permit ne to attract a better grade of tenant . I hope this letter answers some of your concerns . Sincerely yours , 5-06' 4V 3522 Telephone AIZr743- 629 S Salemi�����ei �r9� � ONESALEM GREEN. SALPJ. MASSACHUSETTS 01970 16171715-9595. EXT. 311 October 23 , 1990 Alan T. Howe & Joseph P . Feroce 10 Chestnut St . Salem, MA 01970 Dear Messrs . Howe & Feroce : On June 6, 1990, the Salem Historical Commission approved a 6 ' fence to replace a temporary fence that had been installed at 10 Chestnut Street . Since over four months have passed since approval of the proposed fence , the Commission is writing to remind you that the fence as currently installed is not approved and is therefore in violation . The Commission respectfully requests that the approved fence be installed before the Commission ' s meeting of November 28, 1990 . Thank you for your cooperation in this matter. Sincerely, CC THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman HIS106 ..caMr4 \� :.,4i. I' S �C46vF.� Salem Historical Commission CITY HALL. SALEM. MASS. 01970 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction ( ) ; reconstruction ( ) ; demolition ( ) ; moving ( ) ; alteration (x ) ; painting ( ) ; sign or other appurtenant fixture ( ) work as described below in the . . . MrTntirp Historic District (NAME OF HISTORIC DISTRICT) Address of Property: 10 C'hpatnrn, ct Name of Record Owner: Alan u ..p t l DESCRIPTION OF WORK PROPOSED: Replacement of fence as per drawing with the option that the post at the property line of 10 Chestnut and 6 Cambridge be placed either at the property line or abutting 6 Cambridge St. as determined by the applicant and his abutter. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated: 6/7/90 SALEM HISTORICAL COMMISSION Sy Chairman I d z >�HcHU3ETTS 01970 LXT. 311 of T yr` NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF "m' + APPROPRIATENESS RE: 10 Chestnut Street On Wednesday, April 18, 1990, the Salem Historical Commission unanimously denied an application for a Certificate of ;Sy;==;_;"°;• Vis:; Appropriateness from Alan Howe et al for his property at 10 Chestnut Street regarding the replacement of a fence. The application was denied due to the applicant not being present to answer questions and the lack of information required to make an informed determination. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. The Commission requires that a complete application for fence replacement be filed within 30 days. April 19 , 1990 Jan A. Guy CleVk of the C ission ' ' cc : Building Inspector City Clerk Minutes/Denial i6 1 hiplsy`I 71r 1:y tlF. t Ii lAv".. "tli119ti 10 CHESTNUT STREET ' 1 SALEM, MASSACHUSETTS, 01970 rILI rr!�'T �.-.� ' `fllllili�lllli,ll r:r: ..� - February 11 , 1990 Ms . Annie C . Harris , Chairman Salem Historical Commission One Salem Green Salem , Massachusetts 01970 Dear Ms . Harris , Following through on our recent telephone call , I wish to assure you that I shall comply with the Commission ' s wishes in every respect both here at 10 Chestnut Street and with the completion of 331 Essex Street . Mr . Ballou is drawing up plans for restoring the side door on the Cambridge Street side to as near the original as possible . I have decided to remove the picture window and replace it with a window as it originally was . He is also working on the fence design. I asked him to do it as soon as I received your letter and I regret that the plans are not completed . However , I expect they should be ready when I return from my trip the end of February and I will make an application at that time . I regret not being able to meet your 30 day demand , but , I am certain the work will please the commission , especially since I elected to rid the house of a feature over whichour only control Y Y would have been sweet persuasion. Thank you for your patience. Sncerely ir Alae Telephone 617-745-7629 ----------------- ONE SALEM GREEN.SALEM. PAASSAGHUSETTS ,:�1 O70 81 7) 7=S-e595. E3:T_ January 22 , 1990 Alan Howe 10 Chestnut Street Salem, MA 01970 Dear Mr. Howe: On June 2 , 1988 the Salem Historical Commission reminded you that the temporary installation of a stockade fence at 10 Chestnut Street had been permitted provided that the fence would be removed by November 15, 1988 . Since the fence installation has not been approved under a Certificate of Appropriateness , Hardship or Non-Applicability, the Commission requires that it be removed and that an application for an appropriate replacement be filed with the Commission . It has also come to our attention that a new metal door has been installed at the back wing of the property. This door is not in keeping with the requirements of the Commission and it is required that an application for an appropriate replacement be filed. Please submit your applications for the fence and door to the Salem Historical Commission, One Salem Green, Salem, MA within 30 days . If you need assistance , please feel free to contact the Clerk of the Commission, Jane Guy, at 745-9595 , ext. 311. Thank you for your cooperation in this matter. ` �O Respectfully, J THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman cc : Building Dept . City Solicitor City Clerk J3519 10 CHESTNUT STREET SALEM, MASSACHUSETTS, 01970 II n..T z . June 8 , 1988 Mr, Kent Healy Preservation Planner Salem Historical Commission One Salem Green Salem , Massachusetts 01970 Dear Mr . Healy, Thank you for your kind letter of June 2 . Indeed I have not forgotten our understanding , nor the dates . Really, do you believe that a person who would oppose Hamilton Hall ' s so called restoration---could tolerate for himself an ugly picket fence ? I shall be away for the next two we@fig $byn4gg research into the origination of an oil painting I acquired and which is now on exhibit in the Evans Gallery of the Museum of Fine Arts in Boston . It is called )The Lady in The Red Shawl" American School circa 1838 . My mi is pretty much occupied with that project . When I return I will bring my attention to the fence . My neighbor Professor John Donaghue , Ph. D. in the History of AMerican Architecture is to decide how he would like his fence to interface with mine . And if I am sucessful in acquiring Dr . Donovan ' s house at 331 Essex Street , I shall want to plan trhe fence in relationship to a landscaping plan for that property as well as mine . So I can assure you again that the fence is temporary and when all the problems are resolved , we shall be able to plan a fence that will be sensitive to the historical district . Sincer Alan T. Howe Telephone 6,17-745-7629 J �1 7NE SALEM GREE'•i. SALE:I. NAASSACHUSETTS 01970 61 7) 7=5-9595. EXT. .'', 1 June 2, 1988 Alan Howe 10 Chestnut Street Salem, MA 01970 Dear Mr. Howe: I am writing in regards to the conversation we had a month ago concerning the picket fence you erected on the Cambridge Street side of your property. At the time you assured me that the fence was temporary. The Historical Commission never approved the fence but since you stated that it is temporary we agreed to give you a six month grace period. This grace period began May 15, 1988, and will run through November 15, 1988. By November 15, 1988, you must either have applied to the Historical Commission and gotten approval for the fence, or have taken the fence down. If you decide to take the fence down and replace it with a new one, that fence must be approved by the Historical Commission. The same is true for any above grade exterior changes you plan for your property that are visible from a public way within the Historic District. If you have any question concerning this issue or any other, feel free to call me at 745-9595, ext. 311. Sincerely, �4 6t" - Kent Healy Preservation Planner City of Salem M38 W P LOt'1' MISSIon r.:-._:a.;,,HUSETTS 01970 •l�.n ..e1:•FPr NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS RE: 10 Chestnut Street On Wednesday, April 18 , 1990, the Salem Historical Commission unanimously denied an application for a Certificate of 115:ia' Appropriateness from Alan Howe et al for his property at 10 Chestnut Street regarding the replacement of a fence. The ; ',`..,,;,` application was denied due to the applicant not being present to answer questions and the lack of information required to make an informed determination. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. The Commission requires that a complete application for fence replacement be filed within 30 days. April 19 , 1990 Jan A. Guy C1 k of the C ission S _ cc : Building Inspector ;` City Clerk i " Minutes/Denial rAr 1hS •r• ..phi-..•...uo-![,> NU10 CHESTNUT STREET & (/J�, SALEM, MASSACHUSETTS, 01970 _ t i February 11 , 1990 Ms . Annie C . Harris Chairman Salem Historical Commission One Salem Green Salem , Massachusetts 01970 Dear Ms . Harris , Following through on our recent telephone call , I wish to assure you that I shall comply with the Commission ' s wishes in every respect both here at 10 Chestnut Street and with the completion of 331 Essex Street . Mr . Ballou is drawing up plans for restoring the side door on the Cambridge Street side to as near the original as possible . I have decided to remove the picture window and replace it with a window as it originally was . He is also working on the fence design . I as!-,ed him to do it as soon as I received your letter and I regret that the plans are not completed . However , I expect they should be ready when I return from my trip the end of February and I will make an application at that time . I regret not being able to meet your 30 day demand , but I am certain the work will please the commission , especially since I elected to rid the house of a feature over which your only control would have been sweet persuasion. Thank you for your patience . W re Telephone 617-745-7629 Saiem 'iNE S:'.L E!.1 G'n EC'I. ::ALE`,1. 'AASSACfiUi?70 `. January 22 , 1990 Alan Howe 10 Chestnut Street Salem, MA 01970 Dear Mr. Howe: On June 2 , 1988 the Salem Historical Commission reminded you that the temporary installation of a stockade fence at 10 Chestnut Street had been permitted provided that the fence would be removed by November 15 , 1988 . Since the fence installation has not been approved under a Certificate of Appropriateness , Hardship or Non-Applicability, the Commission requires that it be removed and that an application for an appropriate replacement be filed with the Commission . It has also come to our attention that a new metal door has been installed at the back wing of the property. This door is not in keeping with the requirements of the Commission and it is required that an application for an appropriate replacement be filed. Please submit your applications for the fence and door to the Salem Historical Commission, One Salem Green , Salem, MA within 30 days . If you need assistance, please feel free to contact the Clerk of the Commission , Jane Guy, at 745-9595 , ext. 311 . Thank you for your cooperation in this matter. Respectfully, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman cc : Building Dept . City Solicitor City Clerk J3519 �- 10 CHESTNUT STREET SALEM, MASSACHUSETTS, 01970 June 8 , 1988 _ Mr, Kent Healy Preservation Planner Salem Historical Commission One Salem Green Salem , Massachusetts 01970 Dear Mr . Healy, Thank you for your kind letter of June 2 . Indeed I have not forgotten our understanding , nor the dates . Really , do you believe that a person who would oppose Hamilton Hall ' s so called restoration---could tolerate for himself an ugly picket fence ? I shall be away for the next two we@IF§ dbyn4 �g research into the origination of an oil painting I acquired and which is now on exhibit in the Evans Gallery of the Museum of Fine Arts in Boston. It is calledJThe Lady in The Red Shawl" American School circa 1838 . My mi is pretty much occupied with that project . When I return I will bring my attention to the fence . My neighbor Professor John Donaghue , Ph. D. in the History of AMerican Architecture is to decide how he would like his fence to interface with mine . And if I am sucessful in acquiring Dr . Donovan ' s house at 331 Essex Street , I shall want to plan t1rhe fence in relationship to a landscaping plan for that property as well as mine . So I can assure you again that the fence is temporary and when all the problems are resolved , we shall be able to pian a fence that will be sensitive to the historical district . Sincer AI ii k Alan T. Howe Telephone 6.17-745-7629 '1-:•���B+A!� '� 1�� 1 rT'yI w ,��� I 4� ►� Ani� -V MdES � a !✓�r�A/�� v1lY i«+'a' ! Ia .Y=qVil4 : 08-06-91.08:45:18.65952-LEGH 08-06 31.08:45:18.65952-LEGH CITY OF SALEM - CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL 745-9595 Ext. 381 745.9595 Ext. 381 Will hold a public hearing for all persons inter- Will hold a public hearing for all persons inter- ested in the petition submitted by Alan Howe for ested in the petition submitted by Alan Howe for a Special Permit to return the use of 10 Chestnut a Special Permit to return the use of 10 Chestnut St. (R-2)to a two family. Said hearing to be held St. (R-2)to a two family. Said hearing to be held Wednesday,August 21,1991 at 7:00 P.M.,One Salem Wednesday,August 21,1991 at 7:00 P.M.,One Salem Green, 2nd floor. Green, 2nd Floor. RICHARD A. BENCAL, Chairman RICHARD A. BENCAL, Chairman August 7, 14, 1991 August 7, 14, 1991 - - 08-06-91.08:451LEGH 08-06-91.08:45718.65952-LEGH CITY OF SALEM CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL 745-9595 Ext. 381 745-9595 Ext. 381 Will hold a public hearing for all persons inter- Will hold a public hearing for all persons inter- ested in the petition submitted by Alan Howe for ested in the petition submitted by Alan Howe for a Special Permit to return the use of 10 Chestnut a Special Permit to return the use of 10 Chestnut St. (R-2)to a two family. Said hearing to be held St. (R-2)to a two family. Said hearing to be held - Wednesday,August 21,1991 at 7:00 P.M.,One Salem Wednesday,August 21,1991 at 7:00 P.M.,One Salem I Green, 2nd Door. Green, 2nd Door. - - RICHARD A. BENCAL, Chairman August 7, 14, 1991 RICHARD A. BENCAL, Chairman August 7, 14, 1991 ,,08-06-91.08:45:18.65952-LEGH r {• 08-06,91.08:45718.65952-LEGH �• CITY OF SALEM BOARD OF APPEAL +� CITY OF SALEM ! 745-9595 Ext. 381 BOARD OF APPEAL Will hold a public hearing for all persons inter- 745-9595 Ext. 381 ested in the petition submitted by Alan Howe for9 Will hold a public hearing for all persons inter- T a Special Permit to return the use of 10 Chestnut ested in the petition submitted by Alan Howe for St. (R-2)to a two family. Said hearing to be held a Special Permit to return the use of 10 Chestnut Wednesday,August 21,1991 at 7:00 P.M.,One SalSt. (R-2)to a two family. Said hearing to be held Green, 2nd floor. em Wednesday,August 21,1991 at 7:00 P.M.,One Salem RICHARD A. BENCAL, Chairman Green, 2nd floor. August 7, 14, 1991 RICHARD A. BENCAL, Chairman _ _ August 7, 14, 1991 08-06-91.08:45:18 65952-LEGH 08-06-91.08:45:18.65952-LEGH CITY,OF SALEM CITY OF SALEM BOARD OF APPEAL ' 745-9595 Ext. 381 BOARD OF APPEAL Will hold a public hearing for all persons inter- 745-9595 Ext. 381 ested in the petition submitted by Alan Howe for 1 Will hold a public hearing for all persons inter- s Special Permit to return the use of 10 Chestnut ested in the petition submitted by Alan Howe for , St.Special to a Special Permit to return the use of 10 Chestnut ( ) a two family. Said hearing to be held St. (R-2) to a two family.Said hearing to be held Wednesday,August 21,1991 at 7:00 P.M.,One Salem Wednesday,August 21,1991 at 7:00 P.M.,One Salem Green, 2nd Door. - RICHARD A. BENCAL, Chairman Green, 2nd Door. August 7 14 1991 RICHARD A. BENCAL, Chairman ' August 7, 14, 1991 APPEAL CASE NO. . . . . . . . . . . . . . . .. . . . . . . . ,`�''�� fl�itu of o SttlPm, �tt>��tttl��Ptts �. �3=b Ixf �A}�gPui TO THE BOARD OF APPEALS: The Under i ned rem,,* nt t at he c, i9s are the owners of a certain parcel of land loc to at f10. . . � � . . . .Ci�7. � • • • �l�-�• - - • • • . . . . . . . . . . . . . . . . .Street; Zonino 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 IX A. 1 of the Zoning Ordinances. p �y 2 � 7 ,17 The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals 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 be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for r the following reasons: a Lu C:) _ M W p 4VI - V)Y .` `(..' 1 X50 J .e �U Ownerl?`4? l?. Address. . Tel ephone. .��Y.�. . . . . . . . . . . . . . . . . . . Peti ti oner. . 1 P • • v/�/[• N dT Ln /p C/ /. V!, , . . . C Y „� � Address. . . . . . . . . .�. .h<k . . . . . . . . w ,,� Qct Da 'e. . ;/l��•%�_ Telephone. . f ��2 . . . . . . . . . . . . . . .� J . . . w UJ CD W o By. . . 7 . . . . . . . . . . . . . . . . � m a Thee cop J of Zthe application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . .. .. . . . . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. > 3 � J - Z Z Z Z ti m C - < z c C r z, I LANUCOURI SURVEYS SUBDIVISIONS REGIS t F-_RF..DLAND SURVEYOR RFGIRTEREDCIVII FtmitirfR LOtSURVEYS MORTGAGESURVEYS CONSULTING PARSONS AND FAIA, INC. y 60 LEWIS STREET LYNN, MASSACHUSETTS Of 902 593-7927 r�IFCop-too a dR+uFwh y 171/IRK/try S eco 14 � 12p x I d k V LEhJ �JrJA�� fll7f DwE[u.l(T ° Ip < i �r LANDCOUR I SURVEYS SUBDIVISIONS REG IS t FRED LA NU SURVFY017 REGISIERFDCIVII rNGINrrrI LOTSURVEYS MORTGAGESURVEYS CONSULTING PARSONS AND FAIA, INC. 60 LEWIS STREET LYNN• MASSACHUSETTS 01902 593-7927 m / 4Ern•32.Zf r ac+�'3.tisk 1)1240� f 4ap.j Sp4ce1 D i s i DQE«<,�� �fcA��•'�"3�' �� �Z� ���� ry /r^ T SIX617- APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . .`� , fl�it>� of �tllPrii, C�3Htt>�>attLf�uSP>+�� �. =h of ��Tr— TO r—TO THE BOARD OF APPEALS: The Undersigned reprs�" that . are the owners of a certain parcel of land loc ed at NO. . . . . . �. . . .���'�✓✓ x . . . . . . . . . . . . . . . . . . . . . .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 S ction IX A. 1 of the Zoning Ordinance. q7 / I'D Gli- The Application for Permit was denied by the Inspector of Buildings for the following reasons: The Undersigned hereby petitions the Board of Appeals 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 be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Lv 7 Aq, m � aw Q- -u © L � LJ i^ Jy L7]^L LL � ao o f _A . . . .� 7Gf �(�. . Address. C : d J O rder �O 4 U • • Telephone. . Pet itione r.�f.l!/� Y` . t ✓•!yam• • • � . �Address. . /. . . . . . . . . . . . . . . . CL �ate. . .Q Telephone. . . r . T. 1. . ... . . . . . . . 0 a `o By. . . . . . . . . . . . . . . . . . . . � J F- Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. *.y — � > C Z < L 7 Z G v > n w BOARD OF� ASSESSORS CI TY HAI_.L. PAGCe 1 J 9Y�T��U .. 1 2 DATE (]7/30/91 2 w 3 CERT,IFIEU4 ABUTTERS .L iso T 4 w s SUBJECT PROPERTY: MAP; 2.'= LUT. 0427 SUFI=; 6 w 6 PROPERTY ADDRESS: 0010 CHESTNUT STREET 6 9 - JOSEPH f f 0 w H ( ' 9 •, .. � AE>•EHRESS ^5€E;?S€O--OL'JN€R "rBi-L-�k1�]--f1�E3RE-3 13 12 10 14 w 1125 0425 0014 CHESTNUT STREET MURRAY THOMAS A III: 14 CHEL;rNUT ST 5 w 12 16 13 ., LTA •f5 '. 0L71. .''..'fil-tES'TNRJ'1" 57'!i'E t: l' '_ ... 6AC6L•L Ct�'APHUN6 . JR ., •12 CHESTNUT STREET - ie 14 Jt SAN 1-1Sat.E.t9 t9AL1197[7-' 19 w 0 _ - 1fi NT3 FNht_�_S_ I6 � 21 SALEM MA 01970 22 w - 5 0441 0015 CHESTNUT' STREET BURNS .lE:RE:P1Ir11I S 15 CHESTNUT S7 }h 5 0563 0007- CAI'tBR1OErE: ST24 'PE:ET HAMILTON HALL INC 9 'CHESTNUT S ( � z w SAL its •. 019, E , 2 2126 . - - - . fqrEr T gr- ST 28 w 2 J;jAN hl 29 SALEM MA 01970 30 w 3CHESTNUT STREET - 26 0478 0008 CHESTNUT STREET 1/2 CHESTNUT STREET ASSOC 38 ✓ w 4 'r^-,91 TOT-TI. NACKLY`.... cA. c-m n�1A 91 0 3 5 " n .. 33 U 6 0482 " 0006 CAMBRIDGE STREET Dc?IVf7�d lUE ;lt tIly 4, C/ ? ?5 EIFNRY �'F '1E. ✓ 34 a w 6'' BROOKLYN NY ,t 1201 wm B .... 27 z — EX _ o SALEM MA 01970 338 w 9 Z.6 0484 0331 ESSEX STREET HOLIE. ALAN T 331 ESSEX ST' ✓ w> w 26;,'b485: 60485 801' 0333 ESSEX STREET U1R GE:RRY MARK­b 333 ESSEX Sf UJR� 42 z SALEM I MA 01970 T3w 3 . .. .. c^-r 11dr e/ 4 34 I �- `, E:E-TREE -E LANG HICIIOC.A�, R ....333 E __E=ST Ui, 4-5 w L 35 CULI VAN KATHLEEN t•1 SALEM t'LA 01970 45 w 26 0485 603 0333 ESSEX STREET U<' KOVAC THOMAS C 333 ESSEX ST U2: 3 94970 r5 0485 1904 0333 37 4s ESSEX STREF_T ,113 PITKIN 1JI[.LIAI9 333 ESSEX ST U3 � s w 9 C PA1-1 T1 SA £ . t. . = uf EhMA 0 7 9 ✓ s2 40 _, 4c6 9335-ESSEX 14A3�'—Rt €EC ( E. BARBARA BURGESS SALEM MA 01970 ✓/ w 53 4 41 w 26 0/1.87 03,37 ESSEX STREET SALEM ATHENAEUM 3..-i7 ESSEX STREET, s w 2 iLEL1-hJ,A- 7L7 5 43 57 • 4 5 • 9 5 - 46 62 w 7 w 6 8 64 g' .,. 5 65 67 68 52 69 e ¢ yl 53 w , w 54 2 5 • �i PETER tI t, CARM-_./�7" - -- - -- - 3 w s6, �, CHIEF ASSESSOR75 o� .4 lei J � 1 a,ar2 513 �D p ?0,330 50 P A a 52 u rso 21 ,g =6cYl OJi'li w 23,7/2 95 �� ; 514 4100 I 2 m S 0 �t to sn a 515 U s _i' 7 � � � 5 j,' bx• 5n6 2 x3.9.5.' 543 " ;.e.. mv, ,, 7,x59 '� J 70'� 461) N ^ 41 n a r 1524 m rp 5113 4 E It v; = I I 5A d 24 < 58 55 W N v. \ q° :4. P _•n6 lJd .a2 7 b0 �J �I p 468 t' 554 36 :ra eeu 4e 9D (� 4 w G ? +d0 ° $ $ E X P 6 GI 1 _ 5u 5G, u I I Ss 5's m 2 o5-s 467 7.527 je�l a5 4800 2701 a 487 484 -4 0` \\ \�\ 5900 m 871 p 477 10 S ✓ _ ry "0 1 ,975 ., 1 T 3536 `,�0 'A 5 Ln IP500 466 / '7594 I c � ( 'fl a W «PEP T M. 645 -_% o v-.'422 v,CA I a 615 228 w y — I 0 r, 5yg4 aaa 42 +'—k 427 5g4 227 423 [� 0 3285 6 6630 v L� 48C i 4L .._,.. I 231 n o , 425 ' 683 x w 478 481 29 w1 95v I6, 1366" 511! 0 a ,%1° 13/92 4 9 7528 �,.. 13966 Z �I 40 4 233 3561 "' ' m I 4 1 L 9 z< 2'L6' s� iii a r m 424L' 45 %'G22 223 22� o m c 2858 p5 14 x el; 19764 C fiEO 4,9zO 22 16 p }4 5326 m 355 Fj r > 64 55' 11 x, $ B 5 N 3560 `•:..y x• Bo• 441 -t 3300 p5' 439 5'40 571 xT x ,' In ,DD 90-o b 29 ` � 6�ZF , gp�9j . 4, 4 194 t, x a 8 43 LANOCOURI SURVEYS sunOIVISIONS t7rG17 I rRE D I.ANO SURVEYOR REGIS1rRrOrly II rNG111rrl7 LOTSURVE_YS MOR IGAGE SURVEYS CONSUI.-1 INC, PARSONS AND FAIA, INC. 60 LEWIS STREET LYNN. MASSACHUSETTS 01902 593-7927 r 1p r�lf corLwkv s3 =3o.z 3rLS ' !7R!UFW./ t ` o olC f4aKij�Sj 4cfI u 17- IfIX"'C'E'r I � V �1 CAJXI8, DECISION ON THE PETITION OF FOR SPECIAL PERMIT AT A hearing on this petition was held ont4l_ ro�!I with the following Board Members present : A'O! (/ i Notice of the hearing was sent to abutters and others and notices were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit in order to extend the non-conforming use to allow Th- )eeT41zi✓ et" dS� of -rAe . �/L8d1iSe $ ?o f1 7W0-FMiLy QeS Otive -e The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section VI 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, 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 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 public hearing, makes the following findings of fact: . 1) l ��/s2s /S Lvc vT� � ted Fri i,/ X—Z y�nnc , 2} T� F.e:eMis�s SAS dSe� i7S C> ?'wo-�.ai�i�y `ir��t2 f�n7 )� /✓D �GALTEnpnai✓S vte R diee� (�7� y ,2{.iTvc Unie7 lee ry vias /f✓�pc7{,eoAr rls LAST se_ iyr /q� ,,arE onrsl �rarLk !S X'P.oiu9a/e �� /'o>ti uwlTS �� 16) S. �/l,aT T�tS tltl,2a 8P�y lS�LOciaTE' i,✓T� /"1cJ/✓72� �sr�,� Disr�iGT p.✓D Nur7e�d$ GaS�eSpond�G� ,✓/,rs/�e�vp rh/T� TISK-e.cov�j fie ; 'II/S i0i1DPPa.Tg .�,ppM Tf� �a/rry /yiSTo Kic.o�- L�rJ/H/�-i�SSiv^� . IO, All abutters of the premises were notified by mail of this petition before the Board. p 7�, -rh.rr 0&v-- /v'ei!e iAi fAvo/Z ®�GT� ��TTion� 9�✓p -(hw io/�vfiEzs �2z.e. oppos.�p . s'. On the basis of the above findings of fact, and of the evidence presented at the hearing, the Board of Appeal concludes as follows : 1. The proposed changes will not be substantially more detrimental to the neighborhood than the existing non-conforming use and can be granted in harmony with the Zoning ordinance and without derogating from its intent or the public good. Therefore the Board of Appeal voted 'y--/ to Allo`O"the Special Permit, requested,kAubject to the following conditions : !•1/f�j... L'�)Al2 MNr✓ �eniG9L O�posep 1 1 . - /0 4 �hA7' 1�LL. 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