328 ESSEX STREET - ZBA `o
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k�CrfY Ofi SALEM
BOARD OF APPEAL
745.9595,Eat;381
Will hold a public hearing for
persons interested inthe petition sub-
`,-tmttedbyERICBOLLAND&STEVE,
RUC ft requesting a Special Per-
' mit for interior al terations'and
9 Change of Use to a Bed and Breakfast
w/8 guest rooms 1 owner occupied '
residence for the property located at
328 ESSEX STREET(R-2).Said hear
an ing to be held WEDNESDAY,SEP-
TEMBER'A6, 1998 AT' 6:30 P.M ,
ONE SALEM,GREEN;2nd floor. '
ag ; Nita Coheir Chairman
(9/219):'
Tifq of �$ttlrni, ttrllusPtt$
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CITY
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DECISION ON THE PETITION OF ERIC HOLLAND & STEVE BUHLER REQUESTING AOFFICF--
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 328 ESSEX STREET R-2
A hearing on this petition was held September 16, 1998 with the
following Board Members present: Nina Cohen, Chairman, Richard
Dionne, Stephen Buczko, Ronald Harrison and Michael Ward. 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.
Petitioners are requesting a Special Permit in accordance with
Section 5-3(j ) ,8-6, and 9-4 for interior alterations of a
nonconforming structure and change of a nonconforming use from a six
(6) family residence to one (1) owner occupied residence with either
eight (8) guest rooms for hire as a bed and breakfast. Fourteen (14)
vehicle parking spaces are provided on the site as shown on plans
submitted to the board.
In accordance with Section 5-3 (j ) , the change of use requested is
not more detrimental to the neighborhood than the existing six (6)
family use. In addition, the Special Permit may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent and purpose of the
zoning ordinance, as required by Section 8-6.
Further, since the use as changed (1) will not depart from the intent
of the zoning ordinance, (2) will not depart from the prior degree of
use as a six (6) family residential structure, and (3) will
unreasonably increase the prior nonconforming use in volume or area,
the Board is authorized in accordance with Section 9-4 (b) to grant a
Special Permit.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 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 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.
ti
DECISION OF THE PETITION OF ERIC HOLLAND & STEVEN BUHLER REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 328 ESSEX STREET R-2
page two
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 petitioners were represented by Attorney George Atkins.
2. Architect Staley McDermet of Salem, representing the petitioners,
displayed architectural drawings as to what was intended with the
property, a large Federal-style mansion originally constructed in
1818 and remodeled in 1888.
3. A letter was read from H.B. and J. Peabody of 6 Federal Court in
favor of this petition but with several conditions that were
suggested.
4. In addition, two letters in opposition were received from
Christine Connellv of 346 Essex St, and Mr. & Mrs. Thomas Griffin
of 14 Beckford Street.
5. An additional letter, from the Salem Historical Commission, Helen
Sides, chairwoman, stressed that if the board approved the
petition, the petitioners must still meet and gain approval from
the commission.
6. Speaking in favor of the petition and attending the meeting were
Dale Yale, 153 Federal St. , Sarah Smith, 17 High St. , Julie Tache,
22 Shore Ave. , who identified herself as the real estate broker of
the property, and Thomas Kovac of 333 Essex Street.
r' . Fourteen members of the neighborhood group, along with Ward 2
Councillor Regina Flynn and Ward 3 Councillor, Joan Lovely, spoke
in opposition to the petition. Those residents speaking in
opposition were: William Burns, 22 Beckford St. , John Kelly, 3
Cambridge St, Peter Kempthorne, 7 Botts Ct . , John Carr, 7 River
St. ,Diane Williams, 342 Essex St. , Williams Gunther, 365 Essex
St . , Diane McBride, 330 Essex St. , John Fifield, 43 Chestnut St. ,
John Bedell , 6 Cambridge St. , James Carney, 1 1/2 Cambridge St. ,
Tim Clark, 361 Essex St, Jeremiah Burns , 15 Chestnut St. O.Palmer
Sweeker, 380 Essex St.and Peter Merry, 8 Botts Court.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1 . The Special Permit requested cannot be granted without
substantial detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the ordinance.
2 The granting of the Special Permit requested will not be in
harmony with the neighborhood .and will not promote the public health,
safety,convenience and welfare of the Citv' s inhabitants .
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DECISION OF THE PETITION OF ERIC HOLLAND & STEVE BUHLER REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 328 ESSEX STREET R-3
page 3
Therefore, the Zoning Board of Appeal voted 2 in favor, and 3 in
opposition to the motion to grant the relief requested. Having
failed to garner the four affirmative votes required to pass, the
motion to grant fails and the petition for a Special Permit is
denied.
SPECIAL PERMIT DENIED
September 16, 1948
Ronald Harrison
Member, 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 MCL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate
of Title.
Board of Appeal
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TO: City of Salem,Zoning Board of Appeals X98
FROM: H.B. and J.N. Peabody SEP 15 ,2 56 PM
RE: Special permit application for 328 Essex Street
DATE: 15-09-1998 RECEIVED MASS.
CITY OF SALEM•
As abuttors of 328 Essex Street we have the following concerns and requests in regard to the
application for special permit for 328 Essex Street filed by Steeve Buehler and Eric C. Holland.
1. Request for change in language, not substance, from "bed and breakfast" to
"rooming house."
We understand the application is for "bed and breakfast." This term is not used in the
Zoning Ordinances, City of Salem, Massachusetts., where the alternate term, p. 7, "tourist home"
is defined. Substituting "tourist home" for "bed and breakfast, inn, guest house," or other such
terms will eliminate any base for appeal on the grounds of inappropriate or inadmisable usage.
2. Request that approval be limited to the present applicants.
At a presentation of the proposal held on 10 September at 328 Essex Street, a number of
neighbors expressed concern, not for Mr. Buehler's and Mr. Holland's intentions, but for what
may happen if the property should pass from them to some third party, say a bank.
We request that approval of the present special permit application be limited to ownership
of 328 Essex Street by the present applicants.
If the operation is a success, new owners should have no difficulty in obtaining a similar
permit should the property ever change hands.
3. Request for reduction in number of rooms for rent from 8 to 6.
The Ordinance, 2.2, p.7 says a "tourist home" ... "shall not have more than six (6) rooms
for hire...." The Ordinance, 8.6, p. 52, says "the board of appeals may grant special permits as
authorized by section 5-30) and section 9-4 herein." The Ordinance, 5.c.3, p.16, authorizes
special permits in R-2 Districts for"tourist homes."
The proposed usage, it is said, will be profitable at 60% occupancy. A 6-room limitation
will still leave a 15% profit margin.To approve 8 rooms could create a base for appeal that could
salt the project for two years. It would seem wise to grant a special permit for 6 rooms and leave
application for 2 additional rooms to a separate action.
We request that a1212roval of the present special permit application be limited to 6 rooms for
rent at 328 Essex Street.
Mr. Koleman has been a good neigbor and has come up with a thoughtful use for his
building. Mr. Buehler and Mr. Holland seem dedicated to the successful realization of this use. We
see no reason for the Board not to approve their application subject to the changes we have
requested herein
�HPeabody J. N. Peabody l
The Chairman
The Board of Appeals
City of Salem
Monday, September 14, 1998
Rei The Donald Coleman Property at 328 Essex Street
Dear Mr. Chairman,
My wife Hope and I have lived in the neighborhood of the
Emerton House for forty years at 14/ Beckford Street.
We understand that there is a petition pendia& before the
Board of Appeal to reclassify the immendiate neighborhood of
the Emerton House to permit commercial usage` i.e. to develop¢
328 Essex Street, the Emerton House as a Bed and Breakfasdt.
Both of us are especially sensitive to the historic
value to the City of Salem of the Emerton House, largely
because of my wife Hope whose family the Wiswalls knew
Caroline Emerton and admired her devotion to the tak of
forming the House of The Seven ®ayes Settlemant Assofc&ation<
early in this century. Her lovely old house at 328 Essex
Streit is a Salem landmark of which we should all be proud.
It is of singular historic impartance to the City of Salem.
UnfortunatIly the House has been left to decay over the
past years while Donald Coleman has used it as a bast- for his
antique automobile programs. He now proposes to endorse its
use as a Bed and Breakfast and possibly to finance a program
advanced by two prospective owners of the House who would
transform it with minimal outlay of funds - far less than the
significant dollars required 'to restore the House to its
original grace as a Salem Monument.
Against this backgroudd we urge. the Board of Appeals to
consider carefully the credentials of the proposed new owners
and to weigh with extreme care the current proposal before the
Board to authorize a zoning change that may spell the death
knell for a most significant Salem landwmark. We would suggest
that a zoning change to accommodate the proposed usage be delayed
until significant testimony can be .heard by the Board on the
I
2.
merits of the current proposal. It must not be dealt with '
lightly. Indeed we must not permit a commercial usage that may
relegate this most important Salem landmark to a less-than-
properly-considered proposal for the proper restoration of
a property that has been permitted to fall into a lingering
decay. .
Respectfully submitted
A4 �
Thommms McLean LiTiffin
"bJwa( I a-CO,"1
Nope WiswalLl Griffin
Christine Connolly
346 Essex St.
Salem Ma. 01970
September 14, 1998
Salem Board of Appeals
re: Commercial Use of the
Coleman property on Essex St.
This is a letter to make you aware of my opinion regarding this purpose.
I am vehemently opposed to any more properties being turned Into
commercial use on Essex St.. We have lovely residential homes here and
Mr Coleman has/had one as well. Multi-family use was one thing. A Bed
& Breakfast is quite another. We have many properties that need to keep
the character and qualities that this wonderful McIntyre district has
fought so hard to maintain.
Please reconsider any and all changes that would detract from this
residential property. (signs, parking etc.)
Thank-you & sincerely,
Christine M. Connolly
xc
R
�4MIN6 f S
Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978)740-0404
September 2, 1998
Gary Barrett, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Barrett:
The Salem Historical Commission is in receipt of your agenda for September 16, 1998 and offers
the following comments:
• 328 Essex Street is located in the McIntire Historic District. Any and all alterations or
improvements to the exterior of the property (including the addition of signage, vents, etc.) will
first require approval by the Salem Historical Commission.
Thank you for your consideration.
Sincerely,
THE SALEM HISTORICAL COMMISSION
Helen Sides
Chairperson
1GIJGTOA0695