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329 ESSEX STREET - ZBA J 10 C\j � LL CNV 0 c, LLJ LU cn L) LU ��,eONDIT� CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSACHUSbTIQ1A7f} _3 p 12 5 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 LO ��II W MAYOR FILE It December 3, 2014 CITY CLERK, SALEM. MASS. Decision City of Salem Board of Appeals Petition of MICHAEL SELBST and BRADLEY WILLIAMS, requesting a Special Permit per Sec. 9.4.1 Special Permit Granting Authority and Sec. 3.0 Use Regulations of the Salem Zoning Ordinance, in order to allow a bed and breakfast use and a Variance per Sec. 5.0 Table of Required Parking Spaces to allow 2-off street parking spaces instead of 4 off-street parking spaces required located at 329 ESSEX STREET (Map 26 Lot 483) (R2 Zoning District). On November 19th, 2014 the Board of Appeals met to discuss the petitioner's request to withdraw the above referenced petition. The follow Board of Appeals members were present: Ms. Curran (Chair), Mr. Dionne, Mr. Copelas, Mr. Watkins and Mr. Tsitsinos (Alternate). At the request of the Petitioner, the Board of Appeals voted to allow the Petitioner to withdraw the petition. The vote was unanimous with five (5) in favor (Ms. Curran (Chair), Mr. Dionne, Mr. Copelas. Mr. Watkins and Mr. Tsitsinos (Alternate)) and none (0) opposed. BOARD OF APPEALS GRANTED PERMISSION TO WITHDRAW NOVEMBER 19,2014. Rebecca Curran, Chair / Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from ibis ded non,if aery,shall be made purraant to Section 17 of the Matrachusmr Genera!Lauer Chapter 40A,and shall be fled within 20 days of filing of tbu deaision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Pe agranted heroin shall not take fect unlil a copy of the deastan bearing the certificate of the Ciry Clerk has been filed with the Essex South Registry of Deeds. 1 I.s , Erin Schaeffer From: judy bedell <judy.bedell@gmail.com> Sent: Wednesday, October 15, 2014 10:57 AM OCT 15 20114 To: Erin Schaeffer Subject: 2R B&B on 329 Essex St DEPT.OF PLAVANNIG& COMMUNITY DEVELOPMENT Dear Ms. Schaefer I am Judy Bedell, live on 6 Cambridge Street with my husband and 2 sons. We have come to know Michael and Brad this year and know they would like to open a 2 Bedroom B&B in their house. We think it is a good way to use and keep up the beautiful house. I support the request made by Michael Selbst and Brad Williams, the owners of 329 Essex St for a B&B permit as well as a 2 car parking variance. Michael and Brad currently park their car on Cambridge St between Essex and Chestnut Streets and plan to have guests park only in their driveway, thereby not impacting available spaces on the street. We live next door to Michael and Brad and we park our car on the street and find there to be more than adequate parking on our street. I think the use of their house for a small-scale B&B is an excellent way to show others the great quality of life in Salem and in our historic homes Best regards, Judy Wang Bedell Panda Land Chinese Lessons forAmericans - friendly, engaging, personalized. Cross-Cultural Education and Consulting - bridging the gap in a personal way. (978) 998-9317 j udy.bedellQ2 gmail.com www.pandalandchinese.com pandalandchinese.blogspot.com t Erin Schaeffer From: Kathy Miles <kmiles221@gmail.com> Sent: Wednesday, October 15, 2014 8:42 AM To: Erin Schaeffer Subject: Michael Selbst - B&B Permit and 2 Car Parking Variance Hearing/Oct. 15 Dear Mr. Schaeffer, I feel the granting of the B&B Permit and the Car Parking Variance for 2 cars would add a high quality place for people to stay in Salem yet impact very little our highly treasured McIntyre neighborhood. In fact, options for where people can stay when visiting Salem are very limited. I I learned this when my cousin and her husband from out West came to visit me on their way to New Brunswick, MA. Had there been a well-run, historic B&B, my cousin would have selected that as she and her husband love history and architecture. To grant these two permits, I feel would, add a beautiful historic property for Salem visitors to stay in and be of little or no impact to neighbors since Michael Selbst has explained that his B&B guests will only park in the driveway. Many thanks in advance for your consideration. Most Sincerely, Kathleen Miles 37 Chestnut St. Salem, MA. Sent from my iPhone 1 October 6, 2014 Zoning Board of Appeals OCT Erin Schaeffer DEPT, p, NPANPILNg COA1dqC ,qy RE: Opposed to B&B at 329 Essex Street lyDSVEIOPP,4 Dear Erin, Vicky and I will not be able to be present at the October 15 hearing concerning a B&B at 329 Essex St. since we have long standing plans to be out of the country. As owners of a single family home [6 Botts Court] in the McIntire district. We oppose this proposal. Our historic residences are treasures beyond measure, and we would hate to see that lovingly restored single family home and neighborhood character degraded with a non-conforming commercial venture. A precedent would be set allowing most any home in the McIntire district to be converted to this non-conforming commercial use. Over the past ten years, neighbors have come together to change and enhance the residential neighborhood character of Essex Street.This includes: 1 . 315 Essex St. This property was converted from a rooming house and commercial first floor [Paxton barber shop] to a finely done residence. 2. 314 Essex St This is being converted from commercial use to a single family owner occupied residence and B&B. 3. One Hamilton St. This brick property at the corner of Essex St. was converted from a rooming house to finely done residence. 4. 328 Essex Street, (Emmerton House) Through significant neighborhood effort this beautiful and historic property was restored to its current very fine residential use. It was seriously in danger of becoming a multi-unit apartment building. A recent example for Zoning Board of Appeals action that has established a positive precedent is the property at 355 Essex St. (Hinchey house- 2nd generation Salem family). The Board DENIED their request for conversion from 2 units to 3 units of residential. The board was firm and we applaud their stance. Specific issues related to the property at 329 Essex include the following, which we feel are important for your consideration: • Directly adjacent to another B&B • Too much non-conforming use • Too many B&Bs in one block area • Clustering non-conforming uses seriously detracts and diminishes the Residential neighborhood character. • The lot is too small • Commercial operation will erode pleasant landscape at rear of house directly Visible from Cambridge Street. • The two single family residences directly across Cambridge St. will be seriously diminished by the B&B activity. Issues indirectly related to this proposal include: • A major if not the major negative in this area is the very large and non- landscaped parking lot behind the existing B&B at 331 Essex street. • There is no landscaping to soften and buffer the parking area from adjacent abutting backyards of residences, some of which are on Chestnut Street. • Neighbors would appreciate fewer parking spots there and converting them to landscape. 329 Essex street is just as much or more about Cambridge Street. Cambridge Street is a quiet [narrow] residential Street. This house is probably the best example of the architecture of its period in Salem. Previous owners have demonstrated a commitment and stewardship of this architectural gem as a single-family home. We ask the Board of appeals to protect the residential Use and character of the neighborhood by not allowing this non-conforming commercial use. Thank you, Louis Sirianni FAIA Victoria Sirianni Hi Erin, I'm unable to make it to the meetingtonight, but have some concerns re: parking at the proposed B&B. In recent times, parking has been becoming increasingly difficult in the area with additional condos and the like being added to the area. I was unable to find via the agenda the amount of rooms at 329 that would be rented, and also whether or not any of the inns or B&Bs in the area lease additional spaces. Best, Heather Famico City Councillor, Ward 2 City of Salem Erin Schaeffer From: Jane &Jean Arlander <barqueemerald@gmail.com> Sent: Wednesday, September 17, 2014 10:54 AM To: Erin Schaeffer Subject: Zoning Variance for 329 Essex Street Salem Zoning Board of Appeals City Hall Annex, 3rd Floor 120 Washington Street Salem, Massachusetts 01970 Dear Members of the Salem Zoning Board, I am very opposed to the granting of any variance that will change the use and number of off-street parking spaces of the the lovely, restored Victorian period building at 329 Essex Street. Explaining why I am opposed to a reduction in off-street parking is easy.There is an existing dearth of on and off-street parking on Cambridge and Essex Street. As it is,the residents in this area compete for on-street parking with the general public who work and do business with Salem's busy downtown businesses. For example, I know one employee at the Salem YMCA who parks on Essex Street every day, not far from 329 Essex Street.This is perfectly legal.The many patrons and workers at the Salem Public Library also park on Essex Street and its side streets. Again,this is perfectly legal to do so. That being said, I can not support any endeavor that will stress the on-street parking shortage that already exists in this area. My opposition to a change in use, the addition of 2 Bed & Breakfast units to what has been an elegant single family home, stems from my fears of downtown business encroachment in the residential areas of the McIntire District and the difficulty of reversing a change in use in the future. Several years ago,two gentlemen purchased a beautiful historic building at 1 Washington Square.They chose to live there and run a Bed & Breakfast. After several years, the B&B closed and the owners sold the home to a developer who put in 3 condominiums. I guess that is one way, although circuitous, to get a multi family dwelling in an R-2 district. In summary, Salem has undergone enormous changes in the past decade. We must preserve the natural historic resources that we do have by balancing growth with preservation.The quality of life in our neighborhoods changes with each variance that the ZBA grants, sometimes for the good, but often for the bad. Most Sincerely, Jane Curtis Arlander 93 Federal Street Salem, Massachusetts 01970 My best wishes for a safe and happy day! 1 Erin Schaeffer From: Grace Friary <gracefriary@comcast.net> Sent: Wednesday, September 17, 2014 9:27 AM To: Erin Schaeffer Subject: opposed to an essex street bed and breakfast I write to oppose the application for a bed and breakfast at 329 Essex Street, Salem. I support preserving the integrity of the McIntire Historic district by eliminating non-conforming uses from that area. Thank you, Grace Grace Friary Public Relations gracefriary@comcast.net 978-745-0184 10 Broad Street Salem, Massachusetts 01970 Western Massachusetts office: %Mary Lyon Foundation Shelburne Falls, Massachusetts 1 Erin Schaeffer From: Suzanne Barnes <sbarnes@massart.edu> Sent: Tuesday, September 16, 2014 7:45 PM To: Erin Schaeffer Subject: Wednesday meeting about 329 Essex Street B & B permit Erin Schaeffer, I will be at work in Boston until after eight on Wednesday evening, so cannot make the meeting about granting a B & Bermi kin p t and parking variance to 329 Essex Street. As a resident of a restored single family home in the McIntire district, I'm in absolute and complete opposition to both a B & B and a parking variance for this address. Our historic residences are treasures beyond measure, and I would hate to see our rare and beautiful residential neighborhood degraded with a commercial establishment. Thank you. Suzanne Barnes 18 1/2 Summer Street Salem, MA Professor Massachusetts College of Art and Design Boston, MA t Bad and Breakfast,proposed Page 1 of 1 From: Pamela Jendrysik <iendrvCcDmsn.com> Subject: Bed and Breakfast, proposed Date: September 16, 2014 at 7:47:07 PM EDT To: <aschaeffer aa)salem.com> We would like to register our opposition to a parking variance for the proposed B&B. This neighborhood cannot sustain the proposed additions to the chronic parking problem... Richard and Pamela Jendrysik Three Hamilton StreetBB file:///C:/Users/eschaeffer/AppData/Local/Microsoft/Windows/Temporary%20Internet%2... 9/17/2014 Erin Schaeffer From: Mary Whitney <mwhit8@gmail.com> Sent: Wednesday, October 15, 2014 4:39 PM To: Erin Schaeffer;Andrew Shapiro Cc: Nick Nowak Subject: 329 Essex Street Attn: Zoning Board of Appeals, As residents of #356 Essex Street, we want it recorded that we are strongly opposed to the applicants' request for Special Permit, use regulation and parking variance to turn the residence at 329 Essex St. into a commercial venture. This would be a regressive measure for our neighborhood, setting a very injurious precedent that would negatively affect all of our the property values and the quality of life in this residential neighborhood. Over the past several years there have been many positive changes on Historic Essex Street, all to improve the quality of life by bringing property uses to be more in line with the R2 zoning. Granting this application would be moving in the opposite direction. If we wanted to live in a commercial area we would have bought our home in a commercial area. If the applicants' want to run a commercial venture than they should have bought property in the districts where such business is allowed. It is not the responsibility of residents living in R2 districts to subsidize other resident's purchases by asking the City to grant a nonconforming use. Regarding the question of parking, competition for street spots, is already intense. Even though parking may be provided on the property site, it does not preclude more cars parking on an already pressured street. The property at 352 Essex St.is a prefect example of this. There is a parking lot behind the building yet the people living there often park on the street. Many residences on Essex Street do not have driveways and so must park on the street. Increasing the density and comings and goings, will create a hardship for those residents who have no choice but to park on the street as well as all city residents by increasing the volume of traffic on an already heavily used entrance corridor forthe City of Salem. So on all points,we strongly urge that the apllicants' requests be denied. Respectfully, Mary Whitney and Nicholas Nowak' 1 I Erin Schaeffer From: Andrew Shapiro Sent: Wednesday, October 15, 2014 5:38 PM To: Erin Schaeffer Subject: Re: 329 Essex Street Erin - Below is a note that a resident wanted placed into the record at tonight's meeting.You weren't at the office when this person called so I offered to print it and put it on your chair, but she did not send this until well after I left. Best, Andrew Sent from my iPhone >On Oct 15, 2014, at 5:00 PM, Mary Whitney<mwhit8@gmail.com>wrote: ^AAs residents of 356 Essex Street,we are strongly opposed to the 329 Essex Street applicants' requests to convert their residence in to a commercial venture. >Over the past several years,this R2 district has been moving to bring properties more in to conformance with the R2 zoning. Granting this request is regressive. It is not the responsibility of homeowners in an R2 District to subsidize other owners by the allowance of turning homes into commercial ventures in this residential neighborhood. >We emphatically request that the ZBA deny it. > Respectfully, Mary Whitney_& Nicholas Nowak t ` From: Mary Whitney mwhit8@gmail.com Subject: Fwd:329 Essex Street Date: October 15,2014 at 5:03 PM To: undisclosed-recipients:; Bcc: Jane Curtis Arlander barqueemerald@gmail.com ---------- Forwarded message ---------- From: Mary Whitney <mwhit8@gmail.com> Date: Wed, Oct 15, 2014 at 5:00 PM Subject: 329 Essex Street To: .eschaeffer@salem.com Cc: ashapiro@salem.com, Nick Nowak <nick.nowak@gmail.com> As residents of 356 Essex Street, we are strongly opposed to the 329 Essex Street applicants' requests to convert their residence in to a commercial venture. Over the past several years, this R2 district has been moving to bring properties more in to conformance with the R2 zoning. Granting this request is regressive. It is not the responsibility of homeowners in an R2 District to subsidize other owners by the allowance of turning homes into commercial ventures in this residential neighborhood. We emphatically request that the ZBA deny it. Respectfully, UMary Whitney&_Ncholas.Nowak i PETITION We the undersigned abutters and residents of the neighborhood hereby strongly oppose the applications of Michael Selbst and Bradley Williams of 329 Essex St for a special permit to allow a bed and breakfast use in our R-2 zone and a variance for a reduction of parking spaces from 4 to 2. SIGNATURE NAME ADDRESS C'ur+ 2��k�� �Ci✓PAY rift 3 � 3 k e k s �3�tts C 3s6 L-SZx Sb. 4�- a L DPit)1 ' OIUMMs 302— s �. PETITION We the undersigned abutters and residents of the neighborhood hereby strongly oppose the applications of Michael Selbst and Bradley Williams of 329 Essex St or a special permit to allow a bed and breakfast use in our R-2 zone and a variance for a reduction of parking spaces from 4 to 2. SIGNATURE NAME ADDRESS Dee- t7- � g Z aatA �i 1V W SJR I)�R I c4O IT VL" To C , C l PETITION We the undersigned abutters and residents of the neighborhood hereby strongly oppose the applications of Michael Selbst and Bradley Williams of 329 Essex St for a special permit to allow a bed and breakfast use in our R-2 zone and a variance for a reduction of parking spaces from 4 to 2. SIGNATURE NAME ADDRESS L W5 Sl2lAVVN(/ �jo �—t S Coc)CLZ' � - oil S K -I B0 75 C�-. -�(�� 5 J aiticn (vviavKtc► kn V6-e— S T�� Z z)-A e,0-n& lis FejPfal st. ti i PETITION We the undersigned abutters and residents of the neighborhood hereby strongly oppose the applications of Michael Selbst and Bradley Williams of 329 Essex St for a special permit to allow a bed and breakfast use in our R-2 zone and a variance for a reduction of parking spaces from 4 to 2. SIGNATURE NAME ADDRESS c - IL Aroe-O-( � Com-, -7 ���, S. S i L PETITION We the undersigned abutters and residents of the neighborhood hereby strongly oppose the applications of Michael Selbst and Bradley Williams of 329 Essex St for a special permit to allow a bed and breakfast use in our R-2 zone and a variance for a reduction of parking spaces from 4 to 2. SIGNATURE f NAME ADDRESS c �-•w,� .tom 2 C JIV AXI Cl D6--k 0 C C, r PETITION We the undersigned abutters and residents of the neighborhood hereby strongly oppose the applications of Michael Selbst and Bradley Williams of 329 Essex St for a special permit to allow a bed and breakfast use in our R-2 zone and a variance for a reduction of parking spaces from 4 to 2. SIGNATURE NAME ADDRESS C � T61W C;& k�I�d# - 73 Federti S4 So—& Ah- ol�7r� ?L v c +Zanr� acnes �612 S-+m" r Sf SaLc�m MA 3'uSTrQj LL ss-lqo�, 3i E556X Sr. uNsrr SALEM MA 2 I i TAO I U 4 9fil 'o %jr9biarl bas 2-I31j di; b9fI T 39I ` € 9w to ?aoi y:)ilggc E)tll t)?.oggo vIgno- jz Mde-fed boorhoclrfgkila G -i 312 xauEl PSS to gatszlliW ,,t9rbs'tki bns 32dI92 kivi iM 5aos S-f3 ~quo ai oau JpfAAs3-id bas bsd s wolfs sal li=terfoci lsbacf?, of .;% fao,ii P-s:)r,g2 g ibinq to ro i r bo s -iol 9xari-mv s bar, ..i +.-�i� � _ -. ,.. ,.�.�,.... ,... ter• t Y ` PETITION We the undersigned abutters and residents of the neighborhood hereby strongly oppose the applications of Michael Selbst and Bradley Williams of 329 Essex St for a special permit to allow a bed and breakfast use in our R-2 zone and a variance for a reduction of parking spaces from 4 to 2. SIGNATURE NAME ADDRESS Fe" c� e� LWGcKE- tom;v e U�_ -% . Sk-Ie\A� ZIjM T 51W }�arev.`Fe(/I (ei( &r