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BOARD OF APPEAL
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City of Salem Zoning Board of Appeals °!}'
Petition of PAUL J. PINTO and JOHN F. CASEY III requesting a Special Permit for a bed and
breakfast use on the property located at 314 ESSEX STREET, Salem, MA (R-2 Zoning District).
A public hearing on the above Petition was opened on June 20, 2012 pursuant to Mass General
Law Ch. 40A,§ 11. The hearing was closed on June 20, 2012 with the following Zoning Board of
Appeals members present: Rebecca Curran (Chair), Annie Harris,Jamie Metsch, Michael Duffy,
and Jimmy Tsitsinos.
Petitioner seeks a Special Permit pursuant to Sections 3.1 and 9.4 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. In a petition date-stamped May 30, 2012, petitioners requested a Special Permit to
allow a bed and breakfast use on the property located at 314 Essex Street.
2. The building on 314 Essex Street is currently used for a law office.
3. Petitioners state in their May 30, 2012 petition that they intend to reside in the building
and make up to three guest rooms available.
4. At the hearing on June 20, 2012, several residents spoke in support of the petition, with
one citing the local need for a bed and breakfast, and others stating their preference for
a residential/bed and breakfast use over the current use as a law office.
5. Also at the hearing, some residents opposed the petition, expressing concerns that the
new use would be more intense than the current one, and fearing that allowing a bed
and breakfast use could lead to other nonconforming uses on the property and in the
neighborhood.
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6. At the hearing, residents both in support of the petition and opposed to it spoke about
the importance of ensuring the property not be used as a long-term rooming house.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief maybe granted without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance,
since the proposed use is less intense than the current use as a law office and more
consistent with a residential neighborhood; there is a great demand in Salem for tourist
accommodations; off-street parking requirements are met;the change would make a
currently nonconforming property conform to the use regulations of the Salem Zoning
Ordinance; and the proposed bed and breakfast would have positive impacts on the local
economy.
2. Based on the above, the Board of Appeal determines that any adverse effects of the
proposed use will not outweigh its beneficial impacts to the City or the neighborhood.
3. In permitting such change, the Board of Appeals requires certain appropriate conditions
and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals
voted five (5) in favor (Curran, Duffy, Metsch, Harris, and Tsitsinos) and none (0) opposed, to
grant the requested Special Permit. A Special Permit under Sections 3.1 and 9.4 is granted to
allow for the proposed use of a bed and breakfast on the property located at 314 Essex Street.
The Board of Appeals voted to grant petitioner's request for a Special Permit subject to the
following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
2
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
9. Unless this Decision expressly provides otherwise, any zoning relief granted does
not empower or authorize the Petitioner to demolish or reconstruct the
structure(s) located on the subject property to an extent of more than fifty
percent (50%) of its floor area or more than fifty percent (50%) of its
replacement cost at the time of destruction. If the structure is demolished by
any means to an extent of more than fifty percent (50%) of its replacement cost
or more than fifty percent (50%) of its floor area at the time of destruction, it
shall not be reconstructed except in conformity with the provisions of the
Ordinance.
10. Guests may stay no longer than twenty-one (21) consecutive days.
Michael Duffy, Member
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office
of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the
Variance or Special Permit granted herein shall not take effect until a copy of the decision
bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.
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DECISION ON THE PETITION OF WALTER A. COSTELLO JR. , TRUSTEE
C.F. & B. REALTY TRUST FOR A SPECIAL PERMIT FOR. 314 ESSEX ST. , SALEM
A hearing on this petition was held on November 28, 1984 with the following
Board Members present: James Hacker, Chairman.; Messrs.., Cirarnas, Luzinski,
and Associate Member LaBrecque. Notice o?"i;he bearing was sent to abutters and
others and notice of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General•Law Chapter 40A.
Petitioner is requesting a Special Permit to alter the current nonconforming use
of the building so that it may be used a a law office, and to allo certain
renovations as described in plans submitted to the Board. The premises is owned
by C.F. & B. Realty Trust and is 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
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 a Special Permit request may be granted upon a finding
by the board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after hearing the evidence and viewing the plans presented
at the hearing, makes the following findings of fact:
1 . No meaningful opposition was presented to the petition;
2. The use of the premises as a law office would not be inappropriate
for the neighborhood;
3. Parking problems will not be significantly exacerbated by the
granting of the petition.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The requested relief does not substantially derogate from nor
nullify the intent and purpose of the Zoning Ordinance;
2. The relief requested will not create a substantial detriment
to the public good.
FOR A SPECIAL PERMIT FOR 314 ES5hx �i • , �n�ari
page two
Therefore, the Zoning Board of Appeal voted 4 to 0 to grant the relief requested,
provided that:
1 . The occupancy conforms with all applicable provisions of the Salem
Fire Code and the MassaepeelttsAu4ding,Code;
2. The plans submitted to the Board are approved by the Salem
Historical Commission; if
3. A minimum of five (5) non-piggyback parking spaces be maintained on
the premises.
SPECIAL PERMIT GRANTED "i�L �'
cott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
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DATE REG. PROF. LAND SURVEYOR 978-744-4800 #3751