324-328 ESSEX STREET - ZBA 324-328 ESSIX STREET j
pil
O_ J
John H. Carr, Jr., Esq.
9 North Street
Salem, MA 01970
Phone: 978-825-0060
Fax: 978-825-0068
August 20, 2004
By Hand
Cheryl A. LaPointe, Acting City Clerk
City of Salem
93 Washington Street
Salem, MA 01970
RE: 324-328 Essex Street—Notice Of Appeal from July 21, 2004 Zoning Letter
Dear Sir or Madam:
Enclosed please find a Notice Of Appeal Pursuant to M.G.L.a.C. 40A, Sec. 15
relative to the July 21, 2004 Zoning letter of the Acting Building Inspector concerning
324-328 Essex Street, Salem, MA 01970.
Would you kindly confirm and certify the filing of this Notice in your office, as
required by Section 15 of Chapter 40A, by date-stamping and certifying the enclosed two
copies, one of which I will be forthwith filing at the office of the acting Building
Inspector, as is also required by the statute.
While each of the enclosed petitioners/appellants would have preferred a density of
three dwelling units in the main structure as a condition for the special permit allowing
the carriage house to be converted into a single-family condominium, as opposed to the
condition of four units granted by the Board Of Appeal at its August 18, 2004 meeting,
they presently feel that the total package represents a reasonable compromise,taking all
considerations into account, and consequently, they do not intend to file an appeal from
the August 18, 2004 decision of the Board to grant a Special Permit, subject (of course)
to the actual written decision conforming to what was orally described at the meeting to
their satisifaction.
Should the developers go forward with the approved compromise development, the
enclosed appeal would become moot.
On the other hand, if said development did not go forward, as approved, for any
reason, and either the current owner, the current buyers, or any other buyers attempted to
operate the main structure as six residential units on the strength of Mr. St. Pierre's July
21, 2004 decision, the enclosed appeal will remain very much alive, and said
petitioners/appellants will be vigorously prosecuting same.
It is our hope that we can arrive at reasonable language at the next meeting of the
� g
Board of Appeals to annul Mr. St. Pierre's July 21, 2004 determination without prejudice,
so that if the need ever arose in the future, such as if the approved development did not
go forward, said determination could be revisited de novo at that time.
If we could arrive at such language at the next meeting of the Board of Appeal, I hilly
expect that the enclosed petitioners/appellants would thereupon withdraw their appeal.
Thank you for your attention to the foregoing.
Very truly yours,
John H. Carr, Jr.
Enc.
Cc Thomas St. Pierre, Acting Building Inspector(By Hand)
Nina Cohen, Chairperson, Salem Zoning Board of Appeals(By Hand)
George W. Atkins, III, Esq. (By Hand)
Scott M. Grover, Esq. (By Hand)
Ms. Jane Arlander(By Hand)
Ms. Elizabeth Burns(By Hand)
Mr. & Mrs. Timothy Jenkins(By Hand)
Mr. Robert Maier(By Hand)
Mr. & Mrs. David Williams(By Hand)
AFFADAVIT OF TIMOTHY JENKINS
REGARDING 324—328 ESEX STREET, SALEM, MA
1,Timothy Jenkins, being duly deposed, hereby swear that the following is true:
1. My wife, Linda, and I have resided at 343 Essex Street, Salem, MA since April of
1995.
2. Beginning in approximately May of 2002, I stored various personal possessions in
three small rooms in the basement of 324—328 Essex Street, Salem, MA, an area
consisting of a tiny kitchenette, a separate room, and a tiny room with a tub, but no
sink or toilet.
3. At the time I began storing my personal possessions, it was clear to me that the above-
described rooms had not been used as a living space for a considerable period of time,
probably years.
4. During the approximate 15 months that I stored my items in these basement rooms, I
did not reside there, or occupy the space itself, nor did anyone else.
5. In the approximate 12 months since I moved my items out of the basement, my
understanding is that no one else has occupied or resided in the space as well.
Signed under the penalty of perjury this l7`h day of November 2004.
Timothy ns
November 17, 2004
To Whom It May Concern:
I,Jeffrey Keller, participated in the sale of 328 Essex Street, Salem, MA from Donald
Koleman to Jon Webster on 9/15/99. After the sale I acted as building overseer for a
term of 2 years. During those 2 years the property was used as a 5 unit dwelling,
consisting of the following:
Unit 1: Entire first floor and two bedrooms at rear of second floor
Unit 2: One bedroom apartment on second floor
Unit 3: Studio apartment on second floor
Unit 4: One bedroom apartment on right side of third floor
Unit 5: One bedroom apartment on left side of third floor
Any further questions please call. Thank you.
s — ep--
Jeffry P. Keller
£1:17/2UU4 13ob,,FAY 978 ',W% '67t;6 t ' ,. H z001
FFCI"` Trs♦J N. Qk IR, �t . , im41.1. t i-. s, . . k ?;_ 17 2004 05:09PN P2 '
, v H
Y
P
rl
rC L ';:# 1_�A from TMmald
Py'£a. _ U;49 -dwelhtlg,
` tlyv 's"� d'2: i"a.:i �Jn�'S _. �2Y "` f3 ., ,1, ,.. ''t �3•
tfi. n .,�* Ykx"i��yy tR'uY•Wa � d� Of1 �� i �T .�c ,
�• ����1uul�
.,f °��� .� 9i^'+'K, ' ix✓'i9tAL a,.'`!�'�'� .�T,Fi'$yT 9' iiM$& _
30117
9
'
.Di<S3i _
s
r'
u;
i
f
r
Y`-Sk
November 17, 2004
For Interested Parties:
When my former husband, Donald Koleman, and I acquired 324-328 Essex Street,
Salem, MA in 1970 (approximately)a Ms. Sargent and a Mr. Carroll lived in two
separate apartments on the top floor.
Two ladies whose names I do not remember lived in two separate efficiency apartments
on the 2"d floor. The Gallaghers lived in the rest of the building.
Congratulations and support to Mr. Paul Herrick in moving one of the apartments to the
coach house,therefore making it a living building.
It is probably one of the most beautiful coach houses in New England.
At one time there were four pineapples on the four comers and one on the top of the
coach house. One remains at the Nina Fletcher collection should Mr. Herrick want to
duplicate them.
0,
Eleanor Meadowcroft
CITY OF SALEM MASSACHUSE-ftW 0i= 'SC;LEM. MA
BOARD OF APPEAL CLERK'S OF"ME
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2004 AUG 2U P 3: 08
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF MANNETTA-HERRICK LLC. REQUESTING A
SPECIAL PERMIT FOR THE PROERTY LOCATED AT 324-328 ESSEX STREET R2
A hearing on this petition was held on August 18, 2004 with the following Board
Members present:Nina Cohen, Chairman,Joseph Barbeau, Stephen Harris, Bonnie
Belair and Edward Moriarty. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner request a Special Permit for use of a Historic Carriage House as a single family
dwelling in conjunction with existing non-conforming six unit residential structure for the
property located at 324-328 Essex Street in an R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 (2) (8)which provide 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 8-6 and
9-4, 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 terns,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 for the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioner.
C. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or
the purpose of the ordinance.
DECISION OF THE PETITION OF MANNETTA-HERICK LLC REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 324-328 ESSEX STREET
R2
page two
The Board of Appeal, after careful consideration of the evidence presented,and after
viewing the plans,makes the following findings of fact.
1. Petitioner is the prospective buyer of an historic property at 324-328 Essex Street,
consisting of a three-story brick home formerly occupied by Caroline Emmerton,
founder of the House of the Seven Gables... The house,which is in poor
condition,has almost 10,000 square feet of interior space on a half-acre lot with a
two-story carriage house.
2. Petitioner initiated this application at a meeting last month at which the
neighborhood questioned how many dwelling units were allowed in the main
building. Following some discussion,the Board asked the Building Commissioner
to make a determination on the question of allowed dwelling units. The Building
Commissioner's investigation resulted in a determination that the building is an
existing non-conforming legal six-unit dwelling, having legally housed six units
prior to the passage of the Zoning Ordinance. (See letter to Paul Herrick 7/21/04).
3. Following the initial meeting,petitioner met with neighbors and discussed
concerns surrounding the proposed redevelopment In accordance with the
expressed wishes of the neighborhood for decreased density,petitioner agreed
to limit the number of planned condominium units to 5, with four units inside the
main building and one in the carriage house. Petitioner will provide 2 off-street
parking spaces for each unit,with a turnaround area on site. Income from the sale
of the 5 units will fund the planned renovation to the property, including exterior
and interior renovations to the main house and carriage house, restoration of the
Colonial Reviv
alarden behind the
B main house, and restoration of the iron fence
at the front
of the main house. Condo fees willrovide an income stream
sufficient for p
the upkeep of the building and grounds.
4. A lively discussion ensued, at which some neighbors expressed approval of the
Development with others opposed it, arguing that the density was still too great
The supporters included fourteen neighbors who signed a petition submitted by
Pam McKee,the real estate broker,and John and Claire Casella of 8 Beckford St.
Richard& Diane Pabich, owners of the Salem Inn at 331 Essex St., Charles Claar
of Allen Street and Maura McGrane of 31 Chestnut St Opposed to the added
density were David and Sharon Williams of 342 Essex St.,Rob Maier of 335
Essex St.,Maggie Lundon of 100 Federal St., Mrs. William Bums of 22 Beckford
Street and John Carr, Esq. of River Street.
DECISION OF THE PETITION OF MANNETTA-HERRICK LLC REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 324-328 ESSEX STREET
R-2
page three
5. Immediate abutters William LeMoss and Robert Harvey, condominium owners
of a duplex property at 330 Essex St.,testified that a right of way exists allowing
emergency egress from the rear unit at 330 Essex through and over the 328 Essex
Street property,and they requested that the right of way be continued for the
benefit of their ownership and that of succeeding owners for emergency use.
This request was agreed to by the petitioner and his attorney.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property,but not the
district in general.
On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
1. Petitioner shall comply with all city and state statues,code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. All construction shall be done as per plans and dimensions submitted to and
approved by the Building Commissioner.
4. Petitioner shall obtain a building permit before starting any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
DECISION OF THE PETITION OF MANNETTA-HERRICK LLC REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 324-328 ESSEX STREET
R-2
6. Certificate of Occupancy shall be obtained for all units.
7. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said numbers as to be visible from the street.
8. Property shall be limited to 4 units inside the main building and one in the
carriage house, all with condo documents.
9. Access to rear of 330 Essex Street shall not be blocked by stricture or parking.
10. Parking plan shall be done as per plans submitted on August 18,2004.
Special Permit Granted
WI~-t 6-7ll%K CSc(,�
August 18, 2004 Nina Cohen, Chairman
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, of MGL
Chapter 40A, and shall be filed within 20 days after the date of filing of this decision
in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the
Variance or Special pec al Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that the 20 days have elapsed and
no appeal has been filed,or that,if such appeal has been filed,that is has been
dismissed or denied is recorded in the South Essex Registry of Deeds and indexed
under the name of the owner or record or is recorded and noted on the owner's
Certificate of Title.
July 14, 2004
Nina Cohen, Chair
Zoning Board of Appeals
City of Salem
120 Washington Street
Salem, MA 01970
Re: Special Permit Request
Herrick/Mannetta LLC for 324-328 Essex Street
Dear Ms. Cohen
Members of the Zoning Board:
I am writing regarding the Special Permit application for the use of a Carriage House to
be used as a single family dwelling proposed by the Mannetta/Herrick LLC for the
property located at 324-328 Essex Street. I am unsure if I can attend this meeting and I
want to express my opinion as both an abutter, I currently own 311 Essex Street; and I am
also under contract to purchase one of the condominium units at this location.
For many years now I have watched this property deteriorate under different ownership
and numerous other proposals. The home is too large to be purchased as a single family
dwelling and its use for much of the past twenty years has been to rent rooms and fall
deeper and deeper into disrepair. In my opinion luxury condominiums at this sight would
not negatively impact the surrounding neighborhood but would only enhance the value of
other property ownership while allowing the substantial restoration this magnificent
Salem home requires. Ownership will bring pride and ensure the maintenance this
glorious home deserves.
There is more than enough space to accommodate all parking needs and this home has
one of the largest parcels of land in the McIntire District. I am familiar with Mr.
Herrick's work as evidenced by the property located at 35 Washington Square North. It
is a fine example of the restoration of another beautiful brick antique home that was in
disrepair. As a member of the Historic Commission I remain ever-vigilant to the
preservation of the old while meeting the needs of today's lifestyle.
Therefore, I am asking that the Zoning Board of Appeals approve this petition of the
Mannetta/Herrick Corp.
Sincerely,
y
Louis . Mangifesti
311 Essex Street
Salem, Ma. 01970
Y �
August 14, 2004
To: Zoning Board of Appeals, City of Salem
We, the undersigned support the plan of Manetta/Herrick LLC to develop the
buildings at 328 Essex Street with the result being 4 condominiums in the main
house and 1 residential unit in the carriage house.
Printed Name Signature Address Phone
Hc--)0,j 3arrrht -Aa- , �a 3 Re-,k f, , 15t. `i` 8-. 4i -41-� i
l� an, �.h�lu11 96Fe�aaf2.13f 92r-669/'d34-2
?-S� Sf . Fjjr q� - o3V3
M� I/ 45�tfdw" 5T. 9�9 IL>w �
02,
01
. E' nlc, As(-orvoy 3`ll °l79
7qs-7�9y
Map 26 Lot 502
N/F
Harlan Peabody, Jr.
6 Federal Ct.
Deed Bk. 5007 Pg. 39 96't
o — --
I o ---- ° in Link Fence
A ffi
Map 26 Lot 521
Map 26 Lot 519 23,604 sq.ft.
336 Essex St.
w
rn
w
41 Carriage
House
40"Tree o
N
N
W
PW
11
Map 26 Lot 501
P10 N/F
Trustees of Ropes Memorial
318 Essex St.
1 m
m
m
° P9
P8 #324-328 0
3 Sty. LO
Map 26 Lot 520 P7 s Dwelling rt
330 Essex St. 0
Bk. 7218 Pg. 420
P6
P5 6 H OFt.
ao
VERNON
I �
P4 " LeBLANC
No.33-30D
P3 A9 '
Crushed .
Stone �p-7O4
P2 Parking
Ga
• S\ae�o\k PLOT PLAN
52"Tree 9q N& g<\c 324-328 ESSEX STREET
GG SALEM, MA
P1 Prepared By
LeBlanc Survey Associates, Inc.
161 Holten Street
E Danvers, MA 01923
(978) 774-6012
April 26, 2004 Scale: 1 "=20'
0 20 50