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102 DERBY STREET - ZBA 2 —pe,✓by . Zoning Board Proiect Status Sheet Address & Applicant: . 10 2 -Dze�)2 t q-J4-1 'per 6-)KjL Date Submitted to BOA: 4 ❑ Clerk Stamp: �51/2 0 1Z0 14 Variances Only Constructive Approval Date: (100 days from f5Kng) . m-- Abutters List Requested: o-- Abutters Notice Sent: w/ Notice to Abutting Cities & Towns, Councillors: o— Legal Notice posted at City Hall: (14 days before meeting) d' Legal Notice Emailed & Confirmed: [j' Legal Notice Posted on Web: ❑Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: (, l Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: 6 ( g Decision: PA Decision Filed: (NAppeal Period Over: 8 2S 1`f(21"day atter decision filed) kr'Decision Sent to Applicant: Notice of Decision Sent to abutters, cities and towns, councillors: /Q��ONIN CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 n a !! KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 m c !!I MAYOR 1 � rn r August 4, 2014 m D Decision 3 City of Salem Board of Appeals o Petition of GEORGE & JODI BRADBURY, appealing the decision of the Building Commissioner that the property is currently in use as a Rooming, Boarding or Lodging House as defined in the Salem Zoning Ordinance. The property is located at 102 DERBY STREET (B1 Zoning District). A public hearing on the above Petition was opened on June 18, 2014 pursuant to M.G.L Ch. 40A, 4 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Ms. Curran (Chair),Mr. Dionne, Mt. Watkins,and Mt. Copelas (alternate). The Petitioner seeks an Appeal of the Decision of the Building Inspector, and petitions the Board to find that the property is not currently in use as a "Rooming, Boarding, or Lodging House" as defined in the Salem Zoning Ordinance. Statements of fact: 1. Attorney George Atkins presented the petition for the property at 102 Derby Street. 2. In the petition, date-stamped May 28, 2014, the Petitioner requests an Appeal of the Decision of the Building Inspector, and petitions the Board to find that the property is not currently in use as a "Rooming, Boarding, or Lodging House" as defined in the Salem Zoning Ordinance. 3. The property is a two-family residence. The petitioners rent out one unit of the two-family residence for short-term vacation rental. 4. At the public hearing for this petition, the applicant presented a petition in support of the appeal, signed by four residents. 1 resident spoke in support of the Board granting the appeal, and two (2) residents spoke in opposition to granting the appeal. In addition, the Board received 5 letters in support of granting the appeal, and 3 letters in opposition to the appeal. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition including the narrative, the Petitioner's presentation, and public testimony, makes the following findings: 1. The rental of the dwelling unit for short'terrn vacation rental does not meet the definition of "rooming, boarding or lodging house" as set forth in the Salem Zoning Ordinance. 2. Short-term vacation rentals of dwelling units is becoming more prevalent, and this trend raises questions around issues such as parking, fire safety, and room taxes. As such, it is a use that the City Council may wish to consider addressing. 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 Salem Board of Appeals concludes: 1. The premise is not being used as a "Rooming, Boarding or Lodging House" and therefore the order of the Building Commissioner to cease the use is overturned. City of Salem Board of Appeals August 4,2014 Project: 102 Derby Street Page 2 of 2 In consideration of the above, the Salem Board of Appeals voted four (4) in favor (Ms. Curran, Mr. Dionne, Mr. Watkins, and Mr. Copelas) and none (0) opposed, to grant the petitioner's request to Appeal the Decision of the Building Cotntnissioner. Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fling of this deasion in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Vanance or Special Permit granted herein.shall not take effect until a ropy of the deasion beating the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3RD FLOOR TFL.(978)745-9595 FAX(978) 740-9846. KIMBERLEY DRISCOLL MAYOR TY omm ST.PIERRF DIRECTOR OF PUBLIC PROPERTY/BUILDING COIvWISSIONER May 21, 2014 George and Jodi Bradbury 102 Derby Street Salem Ma.01970 Dear Owners; This office has received and confirmed,via intemet adds,that you are renting out a unit in your home as a roomingiboarding or lodging house contrary to Salem Zoning Ordinance section 3.1(allowed uses.) You are directed to cease using the unit as a lodging house immediately.If you feel-you are aggrieved by this order or you wish to apply for a Special Permit,your Appeal or application is to the Zoning Board of Appeals. Failure to address this issue will result in Municipal Code tickets and further enforcement actions. If you have any questions,please contact me directly. Sincerely, Tho s St Pierre Building Commissioner/Zoning Officer GLORAL ASSOCIATES Registered Land Surveyor Registered Professional Engineer 9 Broadway Wakefield, MA 01880 7:(781)246-9345 Fax:(781)246-4333 1277±SF DECK M � m N at } 2 2 STY. W0. FR d NO. 102 in f , 4.08' _ DERBY ST . . ALBERT Y 13977 AN INSTRUMENT SURVEY IS RECOMMENDED FOR POSSIBLE ENCROACHMENT THIS IS A TAPE SURVEY BASED ON SURVEY MARKERS OF OTHERS AND THIS PLAN WAS DRAWN FOR MORTGAGE PURPOSES ONLY.THIS PLAN WAS NOTMADE FOR:RECORDING PURPOSES,DEED DESCRIPTIONS CONSTRUCTION VERIFICATION OF PROPERTY UNE DEMENTIONS,BUILDING OFFSETS,FENCES OR LOT CONFIGURATIONS.ONLYA PRECISE INSTRUMENT SURVEY CAN Mortgage Inspection Plan DETERMINE ALL OF THE ABOVE. THE PREMISES SHOWN ON THIS PLAN ARE NOT LOCATED WITHIN THE FLOOD HAZARD ZONE AS In DELINEATED ON THE MAPS OF THE COMMUNTIY. 25009C 0419F]-3-12 I HEREBY CERTIFY THAT ME BUILDING(S)SHOWN ON THIS PLAN ARE APPROXIMATELY LOCATED ON SALEM, MA THE GROUNDS AS SHOWN THEREON AND THAT THEY CONFpRM TO THE ZONING ANO BUILDING LAWS(DIMENSIONAL REQUIREMENTS)OF ME CTTY/TOWN OF SALEM WHEN CONSTRUCTED AND TO RESTRICTIONS ON RECORD. Owner AWL-� GEORGE&JODI BRADBURY 7/29/2013 Scale 1" = io' Date 7/25/2013 Signature. Date Petition of Support � sEr To: City of Salem Zoning Board of Appeals ,JUN 18 20,4 From: Salem Residents DEPT.OF PLANNING& COMMUNITY DEVELOPMENT Dear Board of Appeal Members, We, the residents of Salem, petition in support of George and Jodi Bradbury using the first floor unit of their 2-family home located on 102 Derby Street as a vacation rental. We believe that the use of the unit as a-vacation rental has either a positive impact or no impact on: • Traffic flow & safety, including parking and loading • The natural environment, including drainage • Neighborhood character Based on these reasons, we express our support in the allowance of Mr. and Mrs. Bradbury to continue to use their home for the purposes of a vacation rental.` k Name AddressSignature F � Of S To Whom It May Concern, On Saturday night, May 24, 2014 about 11:30 pm I was up watching television on the second floor of my home when I heard a shout from outside. I looked out the front window and saw a woman leaning against the house called The Crochet Box with a cup in one hand and a cigarette in the other hand. Then a man came out of 102 Derby St. also carrying a drink and smoking. They then stood out on the sidewalk for about 15 minutes arguing very loudly. They then went back inside about 11:45 pm.. It is usually very quiet on this part of Derby St. Charles Ouimet 109 Derby St. 4 Dana Menon From: David Bowie <davidjbowie@gmail.com> Sent: Wednesday,June 11, 2014 5:20 PM To: Dana Menon Subject: Agenda item for June 18 Zoning board Greetings, I would like to submit a letter regarding a petition appearing on the zoning board agenda for June 18 regarding applicant George & Jodi Bradbury regarding 102 Derby Street. Project: Petition appealing the decision of the Building r Commissioner that the property currently in use as a Rooming, Boarding or Lodging House as defined d m the Salem Zonmi Ordinance. Should the appeal of the g PP decision of the Building Commissioner be unsuccessful, the petitioners seek a Special Permit per Section 3 Table qf Principal andAmsory UseRegtilatzom of the Salem Zoning Ordinance, to allow the use of the property as a Rooming, Boarding or Lodging House. George and Jodi Bradbury are residents of Salem and use the second unit of their home as income property. Rather than leasing long-term, they support the community through short-term rental to visitors who are then supportive of the local retail businesses. Since their visitors are generally not mobile, they stay in Salem for shopping and dining. Their visitors also are usually without a vehicle, and by definition have decided to not utilize the hotel or traditional lodging house options. I fully support Jodi & George in this endeavor. In Salem, we have several other homeowners who are utilizing this model. I invite the board to consider casing the definition and to reverse the decision of the Building Commissioner for this petition Regards, David J. Bowie 14 Beach Ave. Salem MA, 01970 t Jun. I 2014 12: 58PM No. 2211 P. 1 FAX COVER SHEET p ❑ PEABODY OPPICE ❑ MELROSE OFFICE ❑ READING OFFICE 10 Centennial Drive 467(8)Main Street Hallmark Health Medical Ctr. Peabody,MA 01960 Melrose,MA 02176 30 New Crossing Road T: 978.535-1110 T:781-665-5131 Reading,MA 01867 F: 978-535-2907 F:781.9794079 T:781.439.6744 ❑ SALEM OPPICE LYNN OFFICE F.781439-6751 Vinnin Square 225 Boston Street PediatrIC 600 Loring Ave. Lynn,MA 01904 Health Care Associates P.C. Salem,MA 01970 T:781-599-1134 T:978-741-8366 P:781-586-9284 F: 978-741.4530 NUMBER OF PAGES (INCLUDING COVER SHEET): TO: iekbeccq Grro n FROM: SINt �N/✓Ga COMPANY. 2,6.,\ 24 J3 o r 'r-4 o L �s'1 4J2 PHONE: 97 S- 371. 9-` `] FAX#: 9213 7y12 9tY DATE:—"Z/3 ,/)yTIME: J7�AM pM COMMENTS: *****CONFIDENTIALITY NOTICE-**** The documents and/or information within this fax transmission contain information from Pediatric Health Care Associates,P.C.,which is confidential or privileged.This information is intended for the individual(s)or entity/emities named on this transmittal sheet. If you are not the intended recipient,be aware that any disclosure,copying,distribution or list of the contents of this transmission is prohibited. IF YOU RECEIVE THIS FAX IN ERROR PLEASE IMMEDIATELY NOTIFY PEDIATRIC HEALTH CARE ASSOCIATES,P.C.13Y TELEPHONE TO PERMIT US TO ARRANGE FOR THE RETRIEVAL OF THE ORIGINAL DOCUMENTS AT NO COST TO YOU. T79.10/12 Jun. 13. 2014 12: 58PM No. 2217 P. 2 Dr. Emily Swilling 105F Derby St Salem,MA 01970 June 12, 2014 Rebecca Curran, Chairman Zoning Board of Appeals City of Salem City Hall Annex, 102 Washington St Salem, MA 01970 Dear Ms Curran: I am writing to express my concern about the petition of George and Jodi Bradbury to allow 102 Derby St to be used as a Rooming, Boarding or lodging house. As a six year member of the Historic Derby Street neighborhood, five as a homeowner, I believe this petition affects our neighborhood greatly. My house is located directly across the street from 102 Derby St and therefore, as an abutter, affects my home even more so. l urge the Zoning Board to vote against this petition. This is more of a neighborhood than I have ever lived in before. Although I am not often able to make it to monthly meetings I have enjoyed getting to know my neighbors over the past couple of years at the events that have been held. I am proud to be part of this historic neighborhood which holds progressive dinners and game nights in order to get to know one another better. I believe the introduction of a house for transient visitors would take away from that goal. y Furthermore, I am concerned that if this appeal is granted it will open the door for more homeowners to do the same. In a short period of time we may not have a neighborhood any longer, merely a group of houses rented out to tourists. I can definitely understand the appeal of renting out one's home but it changes the nature of our community. I believe this neighborhood is in need of more affordable rental housing, not more hotel rooms. Last fall one of my friends tried to find a place to rent here and was unsuccessful. However, there are one hundred and eighty-nine hotel or B&B rooms to rent within a half mile of my city block. I understand the Salem Waterfront Hotel plans to add an additional thirty-two rooms with its next expansion. Anyone living here who would like to find a place for a visiting family member to say has many opportunities for legal lodging within walking distance. It is my understanding that the owners of 102 Derby St plan to rent only the first floor at this time. I am fearful, however, that the entire house may be rented to tourists and other short term renters in the future. I fear that this would be very detrimental to the safety and security that having such close neighbors provides. Juo. 11 201412:58PM No, 2211 P. 3 June 12, 2014 Page 2 Many residents of this neighborhood have chosen to live here based on the arguments stated above, in addition to the beauty and proximity to all Salem has to offer. What we lack in space is made up for in community. T humbly request that the Zoning Board of Appeals support the preservation of our neighborhood by voting again the petition of George and Jodi Bradbury. Thank you for your time in hearing my concerns. Sincerely, Dr. Emily illing June 8, 2014 To the City of Salem Zoning Board of Appeal: I am a longtime resident of 105R Derby St., directly across the street from the vacation rental business being run out of 102 Derby St., and I would like to express my opposition to it. My concerns are threefold. First, I do not feel it's appropriate to have this type of business in a largely residential area. The nature of their business is such that people come and go at all hours, with frequent turnover. These are mostly strangers to the neighborhood who have no investment in the community. A neighbor has already witnessed an altercation between guests staying at#102, as well as public drinking in the street. We have no way of knowing who is going to be there at any given time. The owners claim that because they live upstairs they can monitor their guests, but there is nothing to prevent them from moving out in the future and using the second unit for short-term lodging as well. The owners were not upfront with the neighbors about what they were doing until the public meeting was announced, at which point they began to solicit support. This disregard for the neighbors until it was expedient did not engender our trust. Second, parking is already challenging on Derby Street. However, since this business started several months ago, I have found it even more difficult to park anywhere near my own home. Often cars with out-of-state plates are parked in.front-of-our house for the duration of their stay, in spaces held for them by the owners. It would be nice if the hardworking taxpayers on the block were able to park there. (These are not "occasional" guests. If you look at their website on Home Away, they are already solidly booked through November.) Finally, I am concerned that if this appeal is successful, other owners of multi-family dwellings will follow suit and there will be a proliferation of these unregulated short-term rentals, on Derby Street and across the city as a whole, changing the character of our neighborhoods. Such businesses exploit what our city has to offer, without any of the responsibilities of a legally zoned bed and breakfast or inn. As someone who lives on the same block and in close proximity to the petitioners, and is therefore most highly impacted by their business, I thank you for your consideration. pp� Sincerely yours, � Cb. . ?PoKennan Abbate . . t G Barbara Matteau 43 Union St 2 Salem MA 01970 June 16, 2014 To whom it may concern: I am writing this letter in support of George and Jodi Bradbury of Derby Street. My husband and I feel that this ruling will directly affect our property rights as well as the property rights of all owners of multi-families in Salem. We have a 2 family unit on Union St. We are currently renting to one tenant but plan in the near future of turning the first floor unit into a seasonal rental. From talks to visitors to our historic city, there is not enough places to rent for lodgings with just a few bed and breakfasts and 2 hotels. Anyone who is creative and resourceful enough to provide some additional vacation lodging should be welcomed with open arms. We live in a very busy part of town and do not have off street parking. It has gotten a bit more difficult since a couple of the houses on my street were turned into condos. Many of these condo owners have not one but two cars. Seasonal rentals might bring a car but they are not permanent. And after their stay of a few days,they leave! Not so the long term residents. During snow storms, it's an especial challenge trying to find a place to park. Many tourists travel hereby commuter rail as well...it's a very walkable city...so that should not be an issue. As 131 zoned homeowners,they could open a shop or restaurant in that spot so a vacation rental is afar better choice for the neighborhood. My yard is filled with the discarded liquor bottles from the nearby liquor store. We just shake our head and put them in the recycling bin. Goodness knows we have to deal with the traffic from the local restaurants, not to mention the noise factor and try parking when the church is having a mass or a funeral or a wedding. Are these church goers members of the neighborhood per se? I don't think so as then they wouldn't need to drive. We just go with the flow. Visitors are more likely to spend more money too than a local resident as well. Do I like parking in the public parking spot in front of my house? Yes. Do I get upset if a tourist parks there? No, I figure its a public parking spot. They are there to spend money or look around or just take in the sites. We are flexible. They will visit, spend money, return to their homes,tell others,and return to spend and enjoy more time in Salem. Finally, if a person is taking the time and effort to use one of their units as a vacation lodging for a tourist, they are more apt to take more care and concern with their unit versus a tenant who lets their place get a bit run down. Thank you, Barbara Matteau I June 18, 2014 To whom it may concern: I am writing this letter in support of George and Jodi Bradbury of Derby Street. Our daughter is graduating from Collins Middle School tonight or I would have come to this hearing. In 1997, my husband and I bought a two family house on Webb Street,just a few streets away from the Bradburys but in a similar neighborhood, on a similar busy street, filled with businesses and multi- family homes, many owner-occupied. Recently 1 was discussing our rental unit with them and heard of their struggles with some neighbors on Derby, who feel that they should not be allowed to rent their first floor unit to tourists. Salem has a strong tourism industry. To deny B1 zone rental property owners, who live directly in the tourist district, the opportunity to rent their properties for vacation rentals is unfair. Vacation rentals like the Bradbury's encourage longer stays with quieter surroundings,perfect for travelers who plan on spending more than a few days visiting the area. It is my understanding that the use of on-street public parking spots on Derby Street is a complaint with the Bradburys' rental property as some feel that the Bradburys' guests should not be allowed to use them. However, anyone who visits Salem during the summer can use these spots, anyone. Why not paying guests who are spending their tourism dollars in Salem? Also, there is a chance that there could be no parking issues if vacation renters are utilizing transportation like the Commuter rail, ferry, or taxis. Since you have to be a permanent resident to park on downtown streets during October, non residential renters would need to park in a public garage.Not many tourists come to Salem in winter, when snow emergencies and snow banks cause many parking problems. Therefore having a vacation rental would make less impact on the parking situation than adding one or two permanent tenants parking on the street year round. Lastly, I feel that our neighbors are not the best judges of whom we choose to rent to and that that decision is best left to the property owners, since we invested in our neighborhoods and especially since, as owners who occupy, we choose to make these neighborhoods our home. When you have your rental property as part of your family home, like the Bradburys, you care very much who stays in your house. While we do not rent out our unit now, we feel that when we do, the best fit for us would be as a vacation rental. I would think that the decision to rent to tourists is an option available for those who choose to live downtown and one not to be determined based on my neighbors' idea of"neighborhood integrity." Sincerely, Dawna Bucco 74 Webb Street Dana Menon From: Karen Scalia <info@salemfoodtours.com> Sent: Tuesday,June 17, 2014 5:19 PM To: Dana Menon Subject: Letter of support Dear Dana, This letter is to show my support of George and Jodi Bradbury of 102 Derby Street, Salem as they seek approval to continue to rent out their first floor apartment as a vacation rental. As a resident and business owner, I believe that sharing our historic City with visitors is a unique pleasure afforded to our residents.The vacation rental experience that George and Jodi Bradbury extend to their guests fosters a personal connection to the City, enhancing the experience of the guests. I request that the Board considers reversing the decision of the Building Commissioner for this petition. As online platforms for booking accommodations are now the norm- especially for destination cities like ours-it might make sense at this time to take a thoughtful and progressive approach and set up some practical guidelines for homeowners like the Bradbury's to work with. Best regards, Karen Scalia Salem, MA Salem F06dTaU`rSI- , tn Salem food Tours (978)594-8811 1 Dana Menon From: Christine Langill <dearmschris@gmail.com> Sent: Wednesday,June 18, 2014 1:47 PM To: Dana Menon Cc: georgebradbury@yahoo.com Subject: re: George and Jodi Bradbury and tonight's meeting Hello Ms. Menon, My partner(Michele "Micky" Cormier) and I live at 4 Blaney Street, Unit 5. (This is a condo unit we own. It is in Michele's name.) We are unable to attend tonight's meeting but we would like to express our support for Jodi and George Bradbury's property at 102 Derby Street being used as a boarding/lodging house. When I first received the notice from the zoning board I was a bit concerned. However, after being in contact with the Bradburys and hearing the details of their well thought out plan we fully support their proposed use of the property. I have a great deal of respect for the way they have gone about making sure that neighbors are fully informed about their plan. They have gone out of their way to assuage any fears neighbors may have had and have made it clear they are open to questions and concerns and that they have a respect for the neighborhood and the town. I have confidence that their planned use of the space will in no way negatively impact the neighborhood, and will in fact be a positive addition. Please contact us with any questions or concerns. Thank you, Christine Langill &Michele Cornier 4 Blaney Street Unit 5 Salem, MA 01970 978-317-2473 DearMsChrisCagmail.com 1