331 ESSEX STREET - ZBA (2) is 331 Essex St. R-2
Frederick Small
G4 S) �-� �
S9 /
� K DATE OF ;FARING �S
PETITIONER
4
LOCATION
MOTION: TO GRANT_ SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL f/
JAMES FLENiING_ f
JAMES HACKER
EDWARD LUZINSKI
- j
PETER STROUT
ASSOCIATE MEMBERS
PETER DORE
ARTHUR LABRECOUE
- CONDITIONS: _ C �J
ZD
f' (I�itg of 'Salem, f ttssarljuse##s
s oarb of Appeal
HAY Z�_ 36I X87
FILE#
I�rDECISION ON THE PETITION OF FREDERICK D. SMALL FOR A
VARIANCE AND/OR SPECIAL PERMIT FOR 331 ESSEX STREET (R-2) CITY CLERK.SALEM,MASS.
A hearing on this petition was held on April 15, 1987, with the following Board
Members present: James Hacker, Chairman, Messrs. , Fleming, Bencal, Luzinski
and Strout. Notice of the hearing was sent to abutters and others and notices
of the learning were properly published in the Salem Evening News in accordance
with the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, represented by Attorney John Serafini, is requesting a Variance
and/or Special Permit to convert a rooming house at 331 Essex Street to six (6)
residential units. The property is located in an R-2 District.
The Variance which"has been requested may be granted u a_finding of the
Boardt:
a. special con d circums s exist which especially affect
the land, building or s e involved and which are not generally
(� affecting other lands, 1 sand structures in the same district;
\V\� b. literal enfor of the provisio the Ordinance would involve
` substantial her hip, financial or otherwise to the petitioner; and
c. desirable relief may be granted without substantia�deiment to the
publicigood and without nullifying or substantiallting. from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing plans of the property, makes the following findings
of fact;
1. Several neighbors and abutters spoke in favor of granting the Variance,
and stated that theyfavored the granting of a Variance for four (4)
units.
2. The petitioner, after several neighborhood meetings, agreed to
request the Variance for only four (4) units.
3. The petitioner plans to restore the historic exterior of the property
and to provide green space.
4. Adequate cn-site parking is shown on the petitioner's plans.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Hoard of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but do not generally affect the district;
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR A \
VARIANCE AND/OR SPECIAL PERMIT FOR 331 ESSEX STREET (R-2)
PAGE 2
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the district or the purpose of the Ordinance.
Therefore, .the Zoning Board of Appeal voted 4 -1, Mr. Bencal Opposed, to grant
the petitioner a Variance to allow the property to be utilized as four (4)
residential units and for relief from the provisions of Table I fo Section VI
of the Zoning Ordinance relative to Lot Area, lot Area per Dwelling Unit, Lot
Lot Width, Front Yard Width, Side Yard Width and Minimum Distance Between Buildings,
on a lot, as per the plans submitted, subject to the follwoing conditions:
1. All the construction at the locus must be done in accordance withe the
provisions of the Massachusetts Building Code.
2. All the requirements of the Salem Fire Department, relative to Fire
Safety, must be adhered to by the petitioner.
3. All necessary building permits and occupancy permits must be obtained
from the Building Inspector, City of Salem.
4. Eight (8) parking spaces must be maintained on the property of the
petitioner.
5. Any work on the exterior of the building must have the approval of the
Salem Historical Commission.
6. No exterior stairways shall be added to the property.
7. The green space be maintained as per the plans submitted and as
modified at the public hearing.
8. All other work at the locus be performed as per the plans submitted,
and as modified at the public hearing.
VARIANCE GRANTED
/ .James M. Fleming, Esq.
v` Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANUING BOARD AND THE CITY CLERK:
APPEAL FRO;. THIS DEISION, IP ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAMS. CHAPTER 808, AND SHALL BE FILED V; THIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO V.ASS. GENERAL LA71S. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PER 61T
GRANTED HEREIN, SHALL ND. TAKE EFFECT UNTIL A COPY OF THEDECISIDN. BEARIFY.; THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAPS HAVE ELA?S`_D AND NO APPEAL HAS BEEN FILED,
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DIS.".'.ISSED OR DENIED IS
RECDRDED IN THE SOUTH ESSEX REGISTRY OF OEECS AND INDEXED UNDER, THE I:A!hE Of THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE MNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
4 cow
cow
cow
(gitu of: �$ttiem, C assarhusetts J" I. 2 ss PM '87
4 CC{ Pourb of ccAypral fiLE;?
'4fY
f ``_.•,,.,�. CITY CLERK,SALEM. MASS.
ANENDI) DECISION ON THE PETITION OF FREDERICK D. SMALL FOR A
VARIANCE AND/OR SPECIAL PERMIT FOR 331 ESSEX STR= (R-2)
A hearing on this petition was held on April 15, 1987, with the following Board
Members present: James Hacker, Chairman, Messrs. , Fleming, Bencal, Luzinski
and Strout. 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 the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, represented by Attorney John Serafini, is requesting a Variance
and/or Special Permit to convert a rooming house at 331 Essex Street to six (6)
residential units. The property is located 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 wifh 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 careful consideration of the evidence presented at the
after viewing lams of the roperty, .makes the following findings
hearing, and a g p p
of fact;
1. Several neighbors and abutters spoke in favor of granting the Special
Permit, and stated that they favored the granting of a Special Permit
for four (4) units.
2. The petitioner, after several neighborhood meetings, agreed to
request the Special Permit for only four (4) units.
3. The petitioner plans to restore the historic exterior of the property
and to provide green space.
4. Adequate on-site parking is shown on the petitioner's plans.
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. Special conditions exist which especially affect the subject property
but do not generally affect the district;
AMENDED DECISION ON THE PETITION OF FREDERICK D. Skl , L FOR A
VARIANCE AND/OR SPECIAL PERNLIT PCR 331 ESSEX STREET (R-2)
PAGE 2
2. Literal enforcement of the provisions of the Ordinance wou-Id involve .
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the district or the purpose of the Ordinance.
4
F
Therefore, the Zoning Board of Appeal voted 4-1, Mr. Bencal Opposed, to grant
.the petitioner a Special Permit to allow the property to be utilized as four (4)
residential units and for relief from the provisions of Table I of section VI
of the Zoning Ordinance relative to Lot Area, Lot Area per Dwelling Unit, Lot
Width, Front Yard Width, Side Yard Width and Minimum Distance Between Buildings,
on a lot, as per the plans sulamitted, subject to the following conditions:
1. All the construction at the locus must be done in accordance with the
provisions of the Massachusetts Building Code.
2. All the requirements of the Salem Fire Department, relative to Fire
Safety, must be adhered to by the petitioner.
3. All necessary building permits and occupancy permits must be obtained
from the Building Inspector, City of Salem.
4.`" Eight (8) Parking spaces"must"be''maintained on- the property of the_.
petitioners
5. Any work on the exterior of the building must have the approval of the
Salem Historical Omission.
6. No exterior stairways shall be added to the property.
7. The green space be maintained as per the plans submitted and as
modified at the public hearing.
8. All other work at the locus be performed as per the plans submitted,
and as modified at the public hearing.
SPECIAL PERMIT GRANTED
aures M. Fleur g, Esq.
/FE
ember, Board of Appeal
A COPY- OF THIS DECISION HAS BELT' BEEN FILED WITH PLANNING BOARD AND THE CITY CLERK
A.' SHkLL °E
C
C` THE CITY C'_`'...
E 81 C_C
f T '...SS. _ C' - _ .
'' U !
H_FEI!C. cF ..
F t. -t� G 1HE `lit r C=Soh r E '.
IF SU, -E.
'Ic0 I,..: TH r S
OF 'n E�.ikG Ok IS FE'wF' U P��'=u Oi. THE
OF !I'i LL.
BOARD Ci
Salem Fire Department
Fire Prevention Bureau
48 Lafayette Street
Salem, Ma 01970
(617) 745-7777
TO: Board of Appeal
FROM: Capt. Turner, Fire Prevention Bureau
RE: Comments relative to April 15, 1987 meeting
331 Essex Street
Frederick D. Small
Hearing date: April 15, 1987
The property located at #331 Essex Street has current compliance with the
provisions of Chapter 148, Section 26E, Massachusetts General Laws,
relative to the installation of automatic smoke detectors.
1 . Plans are presented to the Fire Prevention Bureau for approval
prior to the issuance of a building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, Salem
City Ordinances, and Massachusetts General Laws, relative to fire
safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
4. The applicant contact the Licensing Board relative to the status
of the current Lodging House License assigned to this property.
,cowol>�„
of Salem, 'Mttssurlluse##s
3a
Puttrb of &AVyettl
�J� r
a011I1N8
May 27, 1987
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY
CLERK TO GRANT THE PETITION OF FREDERICK SMALL FOR A VARIANCE
TO ALLOW PROPERTY AT 331 ESSEX ST. TO BE USED AS FOUR RESIDENTIAL
UNITS.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk
APPEAL FROM THIS DBCISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
OF THIS TO MASS. GENERAL LAYjS, CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GR ATION HEREINOF THE CITYCLERKNOT THAT EFFECT20 IATIL HAVEAE C(TED FA IDE NO CAPPEAL HAS'BEENNG H FILED,T
IS
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE, THAT ITLAPS INDEXED HAS BEEN DISMISS€D OR DENIED
RECORDS DIORTHS SOUTH ESSANDR GI TRY OFTDEEDS A
OWNER'SCERT FCUNDER THE AME OF THE OWNER
ATE OF TITLE. T
OF
RECO
BOARD OF APPEAL
`+t APPEAL CASE N0.
. . . . .. . . .. .. .. .. ..... . .
e
CCU of '$Rlem, �use{ts
�Bonrb of ea
70 THE BOARD OF APPEALS:
The Undersi ned represent that he is are the owners d �� Crerfainparcel of land located
at mo. . . . . . 3i
Essex Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. R-
... .
•• • • • • •. • . • • . . . . . . . . , and said parcel is affected by Sections)
of the Massachusetts State Building Code. " " "
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
DIRECT APPEAL
The Undersigned hereby petitions the Board of Appeals to varythe terms
of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed; as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
SEE SCHEDULE A ATTACHED
Owner. . , Frederick D. Small
Address. .71 Howlett Street, Topsfield, PIA
. ... . . . . ,.
887
Telephone. . . . .-5177
. . . . . . . . . . . . . . .. . . . .. . ... .
Petitioner. . . . .s'
. . . . . . . . .. .. . . . . . . . . . . . . ..
February 18, 1987 Address. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. .. .
Bate. . . . . . . . . . . . . . . . . . . . .
Telephone.. . . . . . . . .
By Johnerafini, .Attornfor '�efiticder
Three copies of the application must be filed with the ecretary of the Board of
. 44#peals with a check, for advertising in the amount of. . . . .
+four weeks prior to thR meeting of the Board of Appeals. Check payable to The � •
Evening News.
Salem Fire Department
Fire Prevention Bureau
48 Lafayette Street
Salem, Ma 01970
(617) 745-7777
TO: Board of Appeal
FROM: Capt. Turner, Fire Prevention Bureau
RE: Comments relative to April 15, 1987 meeting
331 Essex Street
Frederick D. Small
Hearing date: April 15, 1987
The property located at #331 Essex Street has current compliance with the
provisions of Chapter 148, Section 26E, Massachusetts General Laws,
relative to the installation of automatic smoke detectors.
1 . Plans are presented to the Fire Prevention Bureau for approval
prior to the issuance of a building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, Salem
City Ordinances, and Massachusetts General Laws, relative to fire
safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
4. The applicant contact the Licensing Board relative to the status
of the current Lodging House License assigned to this property.
THE CHESTNUT STREET ASSOCIATES
SALEM, MASSACHUSETTS 01970
AS56� , z S z �, �� CG 5-e.
ru-
JTZ ev,Ptz
C100 leg jc small 02 5 e 04 08 87,' ' CIOO leg jc small 0215e040887
I '
CITY OF SALEM
HOARD OF APPEAL CITY OF SALEM
745.9595 ext.381 BOARD OF APPEAL
Will teres edald a Public hearing for all m the Petition submitted bypFrederlck ersons in. 745-9595 ext. 381
D. Small for Variances from density, setbacks Will hold a public hearing for all persons in.terested In the petition submitted by Frederick
and use to allow existing rooming house to be D• Small for Variances from density, setbacks
4 �� converted to six residential units at 331 Essex St. j and use to allow existing rooming house to be
(R-2).Said hearing to be held Wednesday,Aprll - converted to six residential units at 331 Essex St.
- 15,1987 at 7:00 P.M.,One Salem Green,2nd floor. - (R-2)•Said hearing to be held Wednesday,April
i - JAMES B. HACKER, Chairman 15,1987 at 7:00 P.M.,One Salem Green,2nd floor. '
=
April 1,8, 1987 JAMES B. HACKER, Chairma
April 1,8, 1987 n
C100 leg jc small 025e040887, C100 leg jc small O25e040887�
CITY OF SALEM
BOARD OF APPEAL CITY OF SALEM
! 745.9595 ext.381 ! BOARD OF APPEAL
Will hold a public hearing for all 745-9595 ext.381
in-
terested in the petition submitted b persons m- Will hold a public hearing for all persons in-
te Small for Variances from density, setbacks ks terested in the petition submitted by Frederick
and use to allow existing from
den D. Small for Variances from density, setbacks
! converted to six residential units rooming
Essex b and use to allow existing rooming house to be
converted
Said hearing to be held is at 33 Wednesday,A St converted to six residential units at 331 Essex St.
15,1987 at 7:00 P.M.,One Salem Green,2nd floor. 15,1987 at 7:00 P.M.,One Salem o be held WGrd ens 2nd flopor.
_ JAMES B. HACKER, Chairman JAMES B. HACKER, Chairman
Apra 1, 8,1987
April 1,8,1987
C100leg is small 025e040887'
CITY OF SALEM
BOARD OF APPEAL
745-9585 ext.381
Will hold a public hearing for all persons in-
terested in the petition submitted by Frederick
- D. Small for Variances from density, setbacks
and use to allow existing rooming house to be
converted to six residential units at 331 Essex St.
(R-2).Said hearing to be held Wednesday,April
15,1987 at 7:00 P.M.,One Salem Green,2nd floor.
JAMES B.HACKER, Chairman
. April 1,8,1887 [
0100le
i g is small 025e040887• C100 leg is small 025e040887
,
�I
BOARD SALEM CITY OF SALEM
OF APPEAL BOARD OF APPEAL
Will hold a 745.8585 ext.381 "r: 745.9595 ext. 381
terested in the petitioblic n Bring for all persons in. terested m the petitioWill hold a Public n submitted baring for ally Frederic
D. Small for Variances from
by Frederick - D. Small for Variances from density, setbacks
and use to allow from density, setbacks and use to allow existing rooming house to be
converted to six r existing rooming house to b
(R•2),Said h esidential units e I converted to six residential units at 331 Essex St.
15,1887 at 7;00 p mg to be held Wet 331 Essex St. (R•2).Said hearing to be held Wednesday,April
M•.One Sale a esda d qpm 15.1987 at 7:00 P.M.,One Salem Green,2nd floor.
JAMES B. nC Green 2ndfloor
. April 1,8, 1887 HACKER, JAMES B.HACKER, Chairman
- Chairman I - April 1,8, 1887
- i
BOARD OF ASSESSORS
f 93 WASHINGTON STREET, CITY HALL. SALEM, MASSACHUSETTS 01970 (617) 744-0660
Re,.uv�4.oQ'
MARCH 17, 1987
ABUTTERS
TO: 331 ESSEX ST ASSESSED OWNER: FREDERICK D & KAREN J SMALL MAP 26 LOT 484
MAP LOT LOCATION ASSESSED OWNER MAILING ADDRESS
25 425 14 CHESTNUT ST THOMAS A III & KATHERINE V MURRAY &ZAMES LOCATION
25 426 12 CHESTNUT ST CHANNING JR & JOAN H BACALL SAME AS LOCATION
25 427 10 CHESTNUT ST ALAN T HOWE & JOSEPH P FEROCESAME AS LOCATION
26 482 6 CAMBRIDGE ST JOHN C DONOGHUE Z SAME AS LOCATION
26 483 329 ESSEX ST GREYMOOR REALTY TRUST / 268 MAIN ST
DONALD E COSTIN TR ✓ WENNHHAM, MASS 01984
26 485 801 333 ESSEX ST UN::IR THREE THIRTY THREE ESSEX STREET / X54 CAMBRIDGE ST
REALTY TRUST JAMES L FARRRRELL TR V CAMBRIDGE, MASS 02141
803 UN 3
802 UN 1F STEVEN P THORNTON SAME AS LOCATION
804 UN 2 THOMAS C KOVAC V SAME AS LOCATION
26 487 337 ESSEX ST SALEM ATHENAEUM ✓ SAME AS LOCATION
26 501 318 ESSEX ST TRUSTEES ROPES MEMORIAL V SAME AS'.LOCATION
26 521 324-328`ESSEX ST KOLEMAN REALTY TRUST 328 ESSEX ST
DONALD KOLEMAN ET AL TRS SALEM, MASS 01970
502 m
'`� ,• j m y 51�� .- •x F 490
152x7 V lis
/ yl r 2-
30-
30- T �.-i4
iy qv WITCH7
x 0 512 I cif523 Hous
.
9 y �Q� ' 4572 r
526 P 513
Q 4: ca I ro 5,:so 50.5
c Luh
21 s 3'
7360 95'
^ w 514
o « •
4/00 y a
2
515 b brs i 47
I M 0-5 Q� w aoo
3,9.5,'
1 546 ?, N w cn ,�, 'yrs 469- o
+� J oy' 20
N S
24 m 3 '. E � 13 v
518
s F '' y o u 468 P -
38 ,0 ri0
_ ..fi ,_, • A as o
6e. m a!2510
_ SSE « 46
46 «
z 3= 7 P
5 5-5 -s roe !°5-s CD n ;,..527
2 21
5U,
4800
� � _
a 480D 270 84
4 m 671 467 4 477
m 466 P
,>,di5 K'S00 P
N N 739
LL 4
5 s -i
r 3538 « CD A x
m 645 ;
.x U 422 P corn `^ / m 6154
-j
$ w � 5944 444 42 -��—x✓ 427 '5Ba0
423 Q- v 426 9/ 30. 48 4 g 1 2930
227 0 425 6,5 3 X ca " 478 3862 31
O 1103 — /3152 4�7 3529
z1
3 a n 1 m °°
5 5
2265 a ,'n a A� 25 55
50 560 -
U .
°5 3' o '
U > 424 '
:4 Q O 2858 Hq 2 448
416
o 5 Z0 , 559,;
r 32 m 60 S1 R 5ES 41 565 5 4j4r
zO
4 O - 535 530 558"
°1-• ��5 c 467:
fgd
ez 551 a 64 5576400
N
5 '
-4 3300 35
15 to o0 439 x 565 , 3°
`x,010
, . 904
,' ' -il >56 \. • .•
1 \ ! 4 -M. X94
438
\ � 4320 Qv J r « 9 s5e l"
47
3a o\ 2 a
43 �6� 1 i'o.° R�
(II CD
SCHEDULE A
The petitioner is the owner of one-half of an attached building at the
location in question. The building is a legal, nonconforming structure. No change is
to be made to the exterior of the building. Located in an R-2 zone, the property
is currently used as a rooming house; the number of roomers at any given time
varies. The petitioner proposes to convert the interior of the structure into six
residential units, thus allowing for the discontinuance of the rooming house use.
Expansion of the building upon the lot is precluded by the configuration of
the lot as well as the proximity of the adjacent structure. There are several
similar buildings in the immediate vicinity of the subject property; there is no
additional land available to the petitioner to make the lot conforming. The highest
and best use of this property is not as the present rooming house but as the
proposed six residential units. There is adequate on-site parking for the planned six
units. The proposed development will not derogate from the intent of the ordinance
nor be more burdensome to the neighborhood than the existing nonconformity but,
rather, will result in a more appropriate use of the property and improve the
.housing available in that area. The building will be renovated and improved so that
the exterior is preserved in accordance with the guidelines of the Historic District.
In order to proceed with this development, the petitioner requests the
following variances from the requirements of Table I of Section VI of the Ordinance:
From To
Lot Area 15,000 sq. ft. 9,717 sq. ft.
Lot Area Per Dwelling 7,500 sq. ft. 1,619.5 sq, ft.
Unit
Lot Width 100 ft. 41 sq. ft
Front Yard Depth 15 ft. 0 ft.
Side Yard .Depth 10 ft. 0 ft.
Min. Distance Between 30 ft. 0 ft.
Buildings On Lot
In the alternative, should the Board in its discretion determine that the
requested variances can be cumulatively satisfied by granting a Special Permit to
allow the alteration of this nonconforming structure and change or expansion of a
nonconforming use, then the petitioner requests that such a permit be granted,
pursuant to Section V.B.10 of the Ordinance. Such a permit should be granted in
lieu of or in addition to the above-requested variances, as the case may be.
Accordingly, the petitioner respectfully requests that the Board grant the
appropriate relief as outlined above.
SCHEDULE A
The petitioner is the owner of one-half of an attached building at the
location in question. The building is a legal, nonconforming structure. No change is
to be made to the exterior of the building. Located in an R-2 zone, the property
is currently used as a rooming house; the number of roomers at any given time
varies. The petitioner proposes to convert the interior of the structure into six
residential units, thus allowing for the discontinuance of the rooming house use.
Expansion of the building upon the lot is precluded by the configuration of
the lot as well as the proximity of the adjacent structure. There are several
similar buildings in the immediate vicinity of the subject property; there is no
additional land available to the petitioner to make the lot conforming. The highest
and best use of this property is not as the present rooming house but as the
proposed six residential units. There is adequate on-site parking for the planned six
units. The proposed development will not derogate from the intent of the ordinance
nor be more burdensome to the neighborhood than the existing nonconformity but,
rather, will result in a more appropriate use of the property and improve the
housing available in that area. The building will be renovated and improved so that
the exterior is preserved in accordance with the guidelines of the Historic District.
In order to proceed with this development, the petitioner requests the
following variances from the requirements of Table I of Section VI of the Ordinance:
From To
Lot Area 15,000 sq. ft. 9,717 sq. ft.
Lot Area Per Dwelling 7,500 sq. ft. 1,619.5 sq. ft.
Unit
Lot Width 100 ft. 41 sq. ft
Front Yard Depth 15 ft. 0 ft.
Side Yard ,Depth 10 ft. 0 ft.
Min. Distance Between 30 ft. 0 ft.
Buildings On Lot
In the alternative, should the Board in its discretion determine that the
requested variances can be cumulatively satisfied by granting a Special Permit to
allow the alteration of this nonconforming structure and change or expansion of a
nonconforming use, then the petitioner requests that such a permit be granted,
pursuant to Section V.13.10 of the Ordinance. Such a permit should be granted in
lieu of or in addition to the above-requested variances, as the case may be.
Accordingly, the petitioner respectfully requests that
p y the Board rant the
9 g
appropriate relief as outlined above.
n
( i# of %551rm, ttSSMt��11Se��8
�aarb of 4pezl
SAT
FILE#
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR A
VARIANCE AND/OR SPECIAL PERMIT FOR 331 ESSEX STREET (R-2) CITY CLERK.SALEM. MASS.
A hearing on this petition was held on April 15, 1987, with` the following Board
Messrs. Fleming, Bencal, Luzinski
Members present; James Hacker, Chairman, g,
and Strout. Notice of the hearing was sent to abutters and others and notices
of the learning were properly published in the Salm Evening News in accordance
with the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, represented by Attorney John Serafini, is requesting a Variance
and/or Special Permit to convert a rooming house at 331 Essex Street to six (6)
residential units. The property is located in an R-2 District.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating. fran the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing plans of the property, makes the following findings
of fact;
1. Several neighbors and abutters spoke in favor of granting the Variance,
and stated that theyfavored the granting of a Variance for four (4)
units.
2. The petitioner, after several neighborhood meetings, agreed to
request the Variance for only four (4) units.
3. The petitioner plans to restore the historic exterior of the property
and to provide green space.
4. Adequate on-site parking is shown on the petitioner's plans.
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. Special conditions exist which especially affect the subject property
but do not generally affect the district;
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR A
VARIANCE AND/OR SPECIAL PERMIT FOR 331 ESSEX S'IREET (R-2)
PAGE 2
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted 4 -1, Mr. Bencal Opposed, to grant
the petitioner a Variance to allow the property to be utilized as four (4)
residential units and for relief from the provisions of Table I fo Section VI
of the Zoning Ordinance relative to Lot Area, Lot Area per Dwelling Unit, Lot
Iqt Width, Front Yard Width, Side Yard Width and Minimum Distance Between Buildings,
on a lot, as per the plans submitted, subject to the follwoing conditions:
1. All the construction at the locus must be done in accordance withe ,the
provisions of the Massachusetts Building Code.
2. All the requirements of the Salem Fire Department, relative to Fire
Safety, must be adhered to by the petitioner.
3. All necessary building permits and occupancy permits must be obtained
from the Building Inspector, City of Salem.
_ 4. Eight (8) parking spaces must be maintained on the property of the
petitioner.
5. Any work on the exterior of the building must have the approval of the
Salem Historical Commission.
6. No exterior stairways shall be added to the property.
7. The green space be maintained as per the plans submitted and as
modified at the public hearing.
8. All other work at the locus be performed as per the plans submitted,
and as modified at the public hearing.
VARIANCE GRANTED
James M. Fleming, Esq.
V, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK:
APPEAL FROM THIS OrMIUN,-i= ANY, SHALL 6E MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAT.'S, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS. CHAPTER 808, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL N0: TAKE EFFECT UNTIL A COPY OF THEDECISION. BEARIN: THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAPS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN.FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAiAE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNERS CERTIFICATE OF TITLE.
BOARD OF APPEAL
r
1
�,� � -
�-
.��� -
S, �
ofttleitt, tt�sttcllusg##
, `rs pearb of cApVVII
MAY 1T II 36 1M 8T
FILE#
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR A - 4
VARIANCE AND/OR SPECIAL PERMIT FOR 331 ESSEX STREET (R-2) CITY
CLERK.SALE,..MASS.
A hearing Pe was held on on
this petition d April 15, 1987, with. the following Board
.'i
Members present: Janes Hacker, Chairman, Messrs., Fleming, Bencal, Iuzinski
and Strout. Notice of the hearing was sent to abutters and others and notices
of the learning were properly published in the Salem Evening News in accordance
with the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, represented by Attorney John Serafini, is requesting a Variance
and/or Special Permit to convert a roaming house at 331 Essex Street to six (6)
residential units. The property is located in an R-2 District.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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.
The Board, of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing plans of the property, makes the follaaing findings
of fact;
1. Several neighbors and abutters spoke in favor of granting the Variance,
and stated that theyfavored the granting of a Variance for four (4)
units.
2. The petitioner, after several neighborhood meetings, agreed to
request the Variance for only four (4) units.
3. The petitioner plans to restore the historic exterior of the property
and to provide green space.
4. Adequate on-site parking is shown on the petitioner's plans.
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. Special conditions exist which especially affect the subject property
but do not generally affect the district;
~' rA
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR A
VARIANCE AMID/OR SPECIAL PERMIT.FOR 331 ESSEX STREET (R-2)
PAGE 2
2., Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the district or the purpose of the Ordinance.
Therefore, the Zoning Hoard of Appeal voted 4 -1, Mr. Bencal Opposed, to grant
the petitioner a Variance to allow the property to be utilized as four (4)
residential units and for relief from the provisions of Table I fo Section VI
of the Zoning Ordinance relative to Lot Area, Lot Area per Dwelling Unit, Lot
Lot Width, Front Yard Width, Side Yard Width and Minimum Distance Between Buildings,
on a lot, as per the plans submitted, subject to the follwoing conditions:
1. All the construction at the locus must be done in accordance withe the
provisions of the Massachusetts Building Code.
2. All the requirements of the Salem Fire Department, relative to Fire
Safety, must be adhered to by the petitioner.
3. All necessary building permits and occupancy permits must be obtained
from the Building Inspector, City of Salem.
_. _ 4. Eight (8) parking spaces must be maintained on the property of the
petitioner.
5. Any work on the exterior of the building must have the approval of the
Salem Historical Commission.
6. No exterior stairways shall be added to the property.
7. The green space be maintained as per the plans submitted and as
modified at the public hearing.
8. All other work at the locus be performed as per the plans submitted,
and as modified at the public hearing.
VARIANCE GRANTED
James M. Flaming, Esq.
vMember, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING HOARD AND THE CITY CLERK:
APPEAL FR01+. THIS OEC1310N, iF ANY, SHALL 6E A1ADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS, CHAPTER BOB, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAY1S. CHAPTER 803, SECTION 11, THE VARIANCE OR SPECIAL PERl,IT
GRANTED HEREIN, SHALL N0; TAKE EFFECT UNTIL A COPY OF THEDECISIDN. BEARING THE CERT
FICATION OF THE CITY CLERK THAT 20 DAY'S HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN, DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY 0= DEEDS AND INDEXED UNDER THE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNERS CERTIFICATE OF TITLE.
BOARD OF APPEAL
fgitg of ,5- ttlrm, ccasmr4uOrtts
s PnarD of 'tA"ezcl
Ker 2Z i l 36 '87
FILE#
DECISION ON THE PETITION OF FREDERICK D. SI LL FOR A
VARIANCE AND/OR SPF)CIAL PERMIT FOR 331 ESSEX STREET (R-2) CITY CLERK.SALE!!.MASS.
A hearing on this petition was held on April 15, 1987, with the following Board
Members present: James Hacker, Chairman, Messrs. , Fleming, Bencal, Luzinski
and Strout. Notice of the hearing was sent to abutters and others and notices
of the learning were properly published in the Salm Evening News in accordance
with the provisions of Massachusetts General Laws, Chapter 40A.
The petitioner, represented by Attorney John Serafini, is requesting a Variance
and/or Special Permit to convert a roaming house at 331 Essex Street to six (6)
residential units. The property is located in an R-2 District.
The Variance which has been requested may be granted upon a_finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing plans of the property, makes the following findings
of fact;
1. Several neighbors and abutters spoke in favor of granting the Variance,
and stated that theyfavored the granting of a Variance for four (4)
units.
2. The petitioner, after several neighborhood meetings, agreed to
request the Variance for only four (4) units.
3. The petitioner plans to restore the historic exterior of the property
and to provide green space.
4. Adequate on-site parking is shown on the petitioner's plans.
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. Special conditions exist which especially affect the subject property
but do not generally affect the district;
DECISION ON THE PETITION OF FREDERICK D. SMALL FOR A
VARIANCE AND/OR SPECIAL PERMIT FOR 331 ESSEX STREET (R-2)
PAGE 2
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
i
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the district or the purpose of the Ordinance. 1
Therefore, the Zoning Board of Appeal voted 4 -1, Mr. Bencal Opposed, to grant
the petitioner a Variance to allow the property to be utilized as four (4)
residential units and for relief from the provisions of Table I fo Section VI
of the Zoning Ordinance relative to Lot Area, Lot Area per Dwelling Unit, Lot
Lot Width, Front Yard Width, Side Yard Width and Minimum Distance Between Buildings,
on a lot, as per the plans submitted, subject to the follwoing conditions:
1. All the construction at the locus must be done in accordance withe the
provisions of the Massachusetts Building Code.
2. All the requirements of the Salem Fire Department, relative to Fire
Safety, must be adhered to by the petitioner.
3. All necessary building permits and occupancy permits must be obtained
from the Building Inspector, City of Salem.
4. Eight (8) parking spaces must be maintained on the property of the
petitioner.
5. Any work on the exterior of the building must have the approval of the
Salem Historical Commission.
6. No exterior stairways shall be added to the property.
7. The green space be maintained as per the plans submitted and as
modified at the public hearing.
8. All other work at the locus be performed as per the plans submitted,
and as modified at the public hearing.
VARIANCE GRANTED
James M. Fleming, Esq:
Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK:
APPEAL FRO.'] THIS DE.:ISPJN, i= ANY. SHALL BE 11ADE PURSUANT TO SECTION 17 OF THE 1.1A$$.
GENERAL LA'B'S. CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAW'S. CHAPTER 803, SECTION 11, THE VARIANCE OP. SPECIAL PER711T
GRANTED HEREIN, SHALL NJ, TAKE EFFECT UNTIL A COPY OF THEDECISION. BEARING THE CERT-
' FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DIS!.IISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NA�.iE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARDOF APPEAL
..r
HARD OF APPEALS
Andrew Lippman -APR
p ,
28 Chestnut Street ;SRR U 2
Salem, Massachusetts 01970 r,cCcIVED
t. r�.w
�;tiFY;fiF 5,�i_vf-1.�1z1S$.
James Hacker, Chairman
Board of Appeals
City of Salem
Salem, Massachusetts 01970
9 April 1987
Dear Chairman:
I am writing to express vigorous disapproval for the appli-
cation before you to change the use of 331 Essex Street to a
five family dwelling. I wish my comments to appear as part
'of the record on this issue.
I believe that we live in a neighborhood that is trying to
remain a welcome place for families to settle in Salem. I
see no valid reason why 331 Essex Street cannot economically
or physically conform to the standards outlined in R-2 zon-
ing. For the Board of Appeals to find otherwise flies in
the face of the spirit and practice of zoning as applied in
Massachusetts and allows an individual owner to exploit his
property at the expense of those who remain behind.
There is no overriding pressure in our community to subdi-
vide viable homes into the smallest possible units. On the
contrary, the condominium population in the neighborhood
will double in the next two years if planned downtown pro-
jects proceed; there will be ample housing of this type.
However, the single and two family house is rapidly becoming
a scarce resource.
C7rely,
Andrew Li
I'�/J 4��
�� __-'�
��_
-�
rl:
1_. � -
The MediaLaboiatory / a �t• 't ... ._
. .."Bi. �' '• ' �■ /�G�i rd'r """„ , t !._�5;:, ilhlalm r Stlefs�on.......x-
/s :g gra as��,, _ _ _•' -
(_, Massachusetts Institute
of Technology jy ,
LII 20 Ames Street
Cambridge,Massachusetts
02139 /
Aft�c�� CG�-rrrK1�✓
Gt1'y 5ftz e&,-\
T
� L6�`7 fvvp- a� q�
The Variance# which been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing plans of the property, makes the following findings
of f act:
j v
(= si i o-F'
n1� 2 - c a gy ('ERm1 f Fu 2 Z 3 ESsfkz
If� q , SeL r1 S h W
! �� _ 1 1�+ _ t iJdthrJ� _�
— //
. S •, _'" L.F .tT/yta./+
/�_eSSf S rr L I% 2t. c-.,, 16 cL
o. S w e rs a-,
�„ ryw ,:.c�.6-t�•ti: Aad W v<--C.� �i _ v
LIW
a
231
2, �D � ---- -----
CIA-J
D - --.
if
w
___. _ __ -____ -- - --_ _ --_ �_ _____�_ �T. __
I � • 1
_,-. _._--__�__-_- I_- - __ _- _
i
_ _�_--�_ _ .____--. __-�i ___ ___ __ _
I
it
__- - --_ "'--- -- 1
-- --- - - - -------- �i-'--�--_ � ---
. � ---I - ' ---- ----
-- - -- - - -. ._ __.-- - - ---- - -- -- - --�- - - -------r.�----- -�---
I
--- -r�.- --�..----- ----- - i ------
r - - -- - -- ---' -- -------- -� --------
T
-- --- - ---�- - --- --- -- ----- - T ----- ---- --� - --- --- --
I
i
i ----
f
� �
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 . Special conditions exist which especially affect the subject property
but do not generally affect the district;
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating
from the district or the purpose of the Ordinance.
I
I
ami _ �A� —
I
r
i
-- -----------------
4 �
i '
i
i '
I
I
I :
lilI
i
S
I
i
{
I -
iebb,
, I
t
_sw
--
4,D fig,
i
-_�___ _ _._ ---_- __ - _ _ _. __. - __Ti_.--_ __._
� �
._.__._ _ __ _._._ _. --t
-___
I
I
_�___-_ _.__- ___-T _.. ___T� ___
i
i
I
_.._._-_ ._ -r _ -___- __�-_- __-- __ __ . --t-�--______ -___ -
I
_. _ _ ___. �_ __ _._ _} T
_ __. _ __ _ _______ _____. __. _ __ _. __. __ _- ___ I __________
I
_._-_ -_ s. ___ _._. _-..--__-____ __ ..-______ .-____�___ __
A
-_ _______�.______ __ ____ _._--_ _t _ _
_- __ __._ -.__ _ - _-- _ __ --._- _-.--_-I _-.._.._ -__
ii
_. ' I
�� �-� �pwsl�C—
i
i IANC P eAto FC-
I
I
I �
---__-_ - -_- __ - ____._________.____. _ ___ __-_ I --_._- _
i .�
SII
_._- _�__ - _ T _ ._.__ __ _
-_-._ _ _ _ __ _�.-___. _ _ - r I
_..____ ____. �__ _ ______-. _ �_-- I �_ �--
___-_ _-. _.___�-_ T_--_- _-�-j-__.-_- -- _ .
____�_._�. --_ -__-_. ___--�.__-____�__f.i_ �_. _ _
�� �
-_,�_ ____ -.___ __ -_ I - . _
' �
--_-_._-y.i __ _ _-__
I '
.___ __�_... �. - __.________-T___..___�. �___-_--_ ��-_ __- �
_ ____._.T-._-___-. ___�--.-_ __-
__-_.�.___ _� __ ._. -.�_.�- _.. __ __ � -_._ti _
I _ _
I
-.._ _ i
_. .. ,_ _ _____ __ _ _____ ___ _ ______ __ ____ ______ ___ _ I __
.�
�_ �_ _ _ _
I
I
�._ __ ____ ____ I II
_ _ ... -,-r_ _
III
_ _---_ --_. - _ __- _i -_-_-. _ _ _
� _-__�___-_ _-.r..-__-___ ._. _.--_-_ _-._�. _-__ _______'t"r..______. _ _.
_. ____�-� __-.__- _"t_ -- _ _ ___ ..
�. I
II
it