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BOARD OF APPEAL
$ 16 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
fn TELEPHONE: 978-745-9595
FAX: 978-740-9846
KIMBERLEY DRISCOLL SE� � ` 'SS
MAYOR
CITY CL`
September 27, 2011
Decision: 315-317 ESSEX STREET
City of Salem Zoning Board of Appeals
On September 21, 2011, the Zoning Board of Appeals met to clarify its intent with
regard to two petitions filed by.315-317 ESSEX STREET SALEM LLC for the property
located at 315-317 Essex Street. In the first petition, dated February 2, 2009, the
applicant requested a Special Permit to convert the first-floor office space to five units
of residential housing. The Board granted the Special Permit, and it was filed April 22,
2009. This decision was appealed. While the Special Permit decision was under appeal,
the petitioner filed another petition, dated February 26, 2010, requesting a Special
Permit to convert the entire building, a 13-room lodging house and office space, to six
two-bedroom residential units, and also requesting dimensional Variances to construct
two dormers. At the public hearing on March 17, 2010, the petitioner,.the Board and
abutters/appellants discussed that it was the petitioner's intent that this project would
be constructed instead of the previously approved project. The Board granted the
requested relief, and the decision was filed on March 31, 2010. It was not appealed.
On September 21, 2011, the Board met to discuss its intent with regard to the two
decisions, per remand by the Essex County Superior Court, in the action appealing the
April 22, 2009 Special Permit. Whereas it was the Board's intent that by granting the
Special Permit filed on March 31, 2010, the Special Permit filed on April 22, 2009 would
be vacated, the Board voted on September 21, 2011 to vacate its 2009 decision by a
vote of 4-0 (Rebecca Curran, James Tsitsinos, Bonnie Belair and Annie Harris in favor,
none opposed). The vote was held to resolve any confusion remaining as to the Board's
intent. The Special Permit granted to 315-317 ESSEX STREET SALEM LLC for the property
located at 315-317 ESSEX STREET to convert the first-floor office space only to three
units of residential housing (filed on April 22, 2009) is void. The Special Permit and
Variances granted to allow conversion of the entire building from a lodging house and
office space to six residential units (filed on March 31, 2010), stand.
Rebecca Curran, Chair
Zoning Board of Appeals
ooq,gQ CITY OF SALEM, MASSACHUSETTS
+�f�! BOARD OF APPEAL i
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120 WASHINGTON STREET. 3RD FLOOR
a 1 i 0 SALEM, MASSACHUSETTS 01 970
Z TELEPHONE: 978-745-9595
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FAX: 978-740-9846
KIMBERLEY DRISCOLL March 31, 2010 2010 "AR 3 1 n 3: 11
MAYOR L U P-'
Decision FILL .fi
CII`Y CL ," SA[JL_1, il,;SS.
City of Salem Zoning Board of Appeals
Petition of 315-317 ESSEX STREET SALEM LLC, seeking a Special Permit to
change the current nonconforming uses in the building (13-room lodging house and
office space) to another nonconforming use (six two-bedroom residential units), and
seeking a Variance from height (number of stories) to construct two dormers on the
property located at 315-317 ESSEX STREET, Salem, MA (R-2).
A public hearing on the above Petition was opened on March 17, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on March 17, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
Bombe Belair, and Beth Debski.
Petitioner seeks a Special Pen-nit pursuant to Section 3.3.2 and a Variance pursuant to
Section 4.1.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. Attorney George Atkins represented the petitioner at the hearing.
2. Stephen Morris is the owner of the property. Raymond Young, Manager of 315-
317 Essex Street Salem LLC, has the property under agreement to purchase.
3. The property at 315-317 Essex Street currently contains thirteen (13) licensed
rooming house rooms on the second and third floors and office space on the first
floor. Both uses are nonconforming uses in the R-2 zoning district.
4. In a decision dated April 17, 2009, the Board granted petitioner's request for a
Special Permit to convert the office space on the first floor to residential units
(petitioner had requested five units; the Board granted the Special Permit for
three). This decision was subsequently appealed and remains under appeal as of
the writing of this decision.
5. hi a petition dated February 26, 2010, petitioner requested a Special Pennit to
convert the entire building to six (6) residential units and a Variance for
dimensional relief to construct dormers.
6. At the March 17, 2010 hearing, Attorney John Carr spoke in support of the
petition, noting that he represented the abutters who had brought forward the
appeal of the previous Special Permit. He stated that the abutters he represented
had been working with Raymond Young, the property owner, and Attorney
Atkins to work out an acceptable solution, and this petition was the result. He
2
also stated his opinion that this project would be less detrimental to the
neighborhood than the current use. Attorney Carr further stated that the appeal
would be withdrawn if the current petition passed.
7. Also at the March 17 hearing, Ward 3 Councillor Jean Pelletier, 7 Lawrence
Street, and resident Ted Richard, 10 Summer Street, spoke in support of the
petition. No one spoke in opposition.
The Board of Appeal, after careful consideration'of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, as the residential density would be
reduced from its current level, the non-conforming commercial uses
currently allowed would be replaced by residential only, and sufficient
parking is provided.
2. The applicant may vary the terms of the Residential Two-Family Zoning
District to convert the lodging house and office space to six (6) residential
units, and to construct the proposed dormers, all of which is consistent
with the intent and purpose of the City of Salem Zoning Ordinance.
3. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow for the change in use from a lodging
house and office space to six (6) residential units.
2. A Variance is granted to allow for the construction of two dormers.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor(Stein,
Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests for a
Special Permit and a Variance 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. Submitted plan is titled,
"315-317 Essex,Street Condominium— Six 2 Bedroom Units," dated
3
2/10/10, and prepared by SDA/Schopf Design Associates, One Cambridge
Street, Salem, MA 01970.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy is to be obtained.
6. Petitioner shall obtain street numbering from the City of Salem Assessor's,
Office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
8. Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s) located on the subject property to an extent of
more than fifty percent (50%) of its floor area of more than fifty percent
(50%) of its replacement cost at the time of destruction. If the structure is
demolished by any means to an extent of more than fifty percent (50%) of
its replacement cost or more than fifty percent (50%) of its floor area at
the time of destruction, it shall not be reconstructed except in conformity
with the provisions of the Ordinance.
9. This decision takes precedence over any decisions previously granted by
the Board of Appeals.
Robin Stein, Chair
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.
C T
Salem Historical Commission
120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970
(978) 745-9595 EXT.311 FAX (978)740-0404
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction Alteration ❑ Signage
❑ Moving ❑ Demolition ❑ Other work
❑ Reconstruction ❑ Painting
as described below will be appropriate to the preservation of said Historic District, as per the requirements set
forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance.
District: McIntire
Address of Property: 315-317 Essex Street
Name of Record Owner: Stephen Morris
Name of Applicant: Raymond Young(Manager, 315-317 Essex Street Salem LLC under agreement to purchase)
Description of Work Proposed:
Reference: Plans dated 2/10/10, Schopf Design Associates
Demolition of existing first floor store front. Replace with front door design as shown on page 4 including 2 decorative
windows and side door design also shown on page 4. Install 4 shed dormers as shown on pages 5, 6 and 7. Enclose rear
stairway as shown on pages 6 and 7. Install 4 new door openings on sides and back as shown on pages 5, 6 and 7. Doors
to be wood, six panel with transom. New window configuration as shown or.pages 4, 5, 6 and 7. Windows to be wood, 6
over 6 wood windows either:
• Pella Architect Series Wood Double Hung Window with ILT's, 7/8"muntin;
• LePage 7/8"SDL; or
• J B. Sash Proper Bostonian
Where there is a wood choice, it should be cedar. When available, the spacers between the glass should be bronze.
Note: Applicant will apply for fiberglass door option,chimney removal, vent installation,paint color,fence for east side
and granite curb.
Dated: March 4, 2010 SALEM ISTORICAL COMMISSION
By.
The homeowner has the option not to commence the work(unless it relates to resolving an outstandin d 1 do work
commenced must be completed within one year from this date unless otherwise indicated.
THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings(or any other
necessary permits or approvals)prior to commencing work.
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313 Essex St.
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10 Summer St.
Deed Bk. 11247 Pg. 227
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Judith Kearney 3
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Deed Bk. 19063 Pg. 291 2 Unit
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CONDOMINIUM SITE & FLOOR PLAN _ OS c
FOR N83'29'39"W O
315 ESSEX STREET CONDOMINIUM 1061'
N83'43'
39"W
IN 52.71' —
SALEM, MASSACHUSETTS Map 26 Lot 477
N/F I hereby certify that the property lines shown and the lines of streets
Walter Catoldo and ways are the lines of public or private streets and ways already in
Prepared By 3 Cambridge St. existence, and that no new lines for the division of ownership or for
LeBlanc Survey Associates, Inc. Deed Bk. 15512 Pg. 602 streets and ways are shown.
161 Holten Street
Danvers, MA 01923 1 hereby certify that this plan conforms to the Rules and Regulations of
(978) 774-6012 the Registry of Deeds.
r E�.0 OF MAssq
February 27, 2008 Scale: 1 = 10 REFERENCES:
1) Land Court Doc. #426273 0 �.
LeBLANC
Revised February 16, 2010 2) Land Court Plan #5244A N0. 33600
3) Plan in Deed Book 3419 Page 5 e
HOR. SCALE IN FEET
0 10 25 50' ` `" Z-7,
PROFES IONAL LAND SURVEYOR DATE