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331 ESSEX STREET - ZBA 331 Essex St. R-2 Alan T. Howe M� (fific of �lrm, � �s5tirliusettg Bnarb of Aupeal (P DECISION ON THE PETITION OF ALAN T. HOWE, ET AL FOR A VARIANCE AT 331 ESSEX ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusettes General Laws Chapter 40A. Petitioner is requesting a Variance from the number of apartments allowed in this R-2 zone. The variance requested may be granted upon a finding by this Board that: 1 . 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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 the plans, makes the following findings of fact: 1 . The current use of the premises is as a lodging (rooming) house with twelve ( 12) allowable units which consist of: two (2) apartments, two (2) kitchen- ettes, and eight (8) single rooms. 2. The petitioner is requesting seven (7) one bedroom apartment units. 3. The previous owner of the premises was granted a variance in 1987 by this Board to allow four (4) residential units. 4. The premises is located in the McIntire Historic District and correspondence from the Salem Historical Commission was made part of the record. 5. The Certificate of Inspection (#84-89) issued on November 13, 1989 and signed by Building Official Martineau, lists eleven (11 ) official units for the premises, and not twelve ( 12) as stated by petitioner. 6. That the owners of 333 Essex Street, as represented by Ms. Pitkin, were recorded in favor of the petition. 7. That eight (8) abutters were recorded as opposed to this petition. 8. That the Board finds that this petition represents a more intensive use of than its current use. DECISION ON THE PETITION OF -.LAN T. HOWE, ETAL FOR A VARIANCE AT 331 ESSEX STREET. SALEM page -wo 9. ,etitioner failed to meet 'his burden of proof re ptive tq legal 'nardship. J rJ I On the basis of the above findings of fact, and on tp,e,, evidence presented at the hearing, the Board of Appeal concludes as follows: CLSS E. .i.:_ 1 . Special conditions or circumstances do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the ordinance would not involve substantial hardship on the petitioner. 3. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of this Variance. The motion to grant having failed to garner the required four affirmative votes needed to pass, fails and the Variance is denied. Variance denied August 21 , 1991 fY Jos h C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this d^cision, if any, shall be made pursuant to Section 17 Of the k;?_;. Genual L:r-. , C:iaotcr Sol, and shall be filed within 20 days at:u: the G. e c1 Min, of tl'.ts decision in the w.,ae of the City Cieik. Porous.' t:; i.ta; (' -,,rrl La:vs, Ch'.pfcr 8-t1, section 11, the \1 rie nre cr .: __.: ^er tn�! -r-,n rd hee:a shall not t,%c 0'f'r,t unto o cc:"" nt the ccs;'::r, :: . :iu, r._,. : ,.t:on of the City Cork lhnt-'0 d.:v, h:: cla ccd a.,,- na L?c1 filed, or that, it such onpeal h*.: been filed, th:,t .t 1::..<. -^ii;se.' or ,.:.n nd is recorded in mn South Essex Registry of Deacis and indexed under tin name er the owner of record or Is recorded and noted ea the mvner's Certificate of Title. BOARD OF APPEAL .l r Titu of �ialrm, 'iffissadjusetts ll '1 Bnttra of _Avpeal SEP di DECISION ON THE PETITION OF ALAN T. HOWE, ET AL FOR A VARIANCE AT 331 ESSEX ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusettes General Laws Chapter 40A. Petitioner is requesting a Variance from the number of apartments allowed in this R-2 zone. The variance requested may be granted upon a finding by this Board that: 1 . 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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 the plans, makes the following findings of fact: 1 . The current use of the premises is as a lodging (rooming) house with twelve ( 12) allowable units which consist of: two (2) apartments, two (2) kitchen- ettes, and eight (8) single rooms. 2. The petitioner is requesting seven (7) one bedroom apartment units. 3. The previous owner of the premises was granted a variance in 1987 by this Board to allow four (4) residential units. 4. The premises is located in the McIntire Historic District and correspondence from the Salem Historical Commission was made part of the record. 5. The Certificate of Inspection (#84-89) issued on November 13, 1989 and signed by Building Official Martineau, lists eleven (11 ) official units for the premises, and not twelve ( 12) as stated by petitioner. 6. That the owners of 333 Essex Street, as represented by Ms. Pitkin, were recorded in favor of the petition. 7. That eight (8) abutters were recorded as opposed to this petition. B. That the Board finds that this petition represents a more intensive use of than its current use. DECISION ON THE PETITION OF ALAN T. HOWE. ETAL .=OR A VARIANCE AT 331 ESSEX STREET. SALEN page two 9• Petitioner failed to meet his burden of proof rep iye tlegal 'hardship. Ll J UZ On the basis of the above findings of fact, and on tM ,evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions or circumstances do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the ordinance would not involve substantial hardship on the petitioner. 3. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of this Variance. The motion to grant having failed to garner the required four affirmative votes needed to pass, fails and the Variance is denied. Variance denied August 21 , 1991 // )Joos h C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this d vision, if any, shall be made pursuant to Sectlon 17 Qf il:e General L.i.,3, Cli ptor 803, and shall be filed within 20 day; clic, L'm c;as cl Mint of L'.L; decision in tlse oGlal of the City Cleik. Prr^lc:n' t, Cr-;ra: Livs, Cl;:ntnr 8-3, ,._-tion 11, the %'::riance cr _::-1 '.'ern.•'. -r gin'^d he.e,a -hall not vi!(c e-Pert unht a ce:^i of file of the City Clark that-20 dav; h:: '- clapccd nn na ap. h. f:ica bled. or that, if such appeal hq: baen `.i:-Id, th:.t t h.r.= b::zn ^_.1misse or c,:a'cd is recorded in llw south Essax Rrgistry of Deady and indexed under tl:a name er the owner of record or Is recorded and noted sa the owner's Certificate of Title. BOARD OF APPEAL (Citta of lrm, az5achusetts 'Bnttra of AD peal jPP DECISION ON THE PETITION OF ALAN T. HOWE, ET AL FOR A VARIANCE AT 331 ESSEX ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusettes General Laws Chapter 40A. Petitioner is requesting a Variance from the number of apartments allowed in this R-2 zone. The variance requested may be granted upon a finding by this Board that: 1 . 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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 the plans, makes the following findings of fact: 1 . The current use of the premises is as a lodging ( rooming) house with twelve ( 12) allowable units which consist of: two (2) apartments, two (2) kitchen- ettes, and eight (8) single rooms. 2. The petitioner is requesting seven (7) one bedroom apartment units. 3. The previous owner of the premises was granted a variance in 1987 by this Board to allow four (4) residential units. 4. The premises is located in the McIntire Historic District and correspondence from the Salem Historical Commission was made part of the record. 5. The Certificate of Inspection (#84-89) issued on November 13, 1989 and signed by Building Official Martineau, lists eleven (11 ) official units for the premises, and not twelve ( 12) as stated by petitioner. 6. That the owners of 333 Essex Street, as represented by Ms. Pitkin, were recorded in favor of the petition. 7. That eight (8) abutters were recorded as opposed to this petition. 8. That the Board finds that this petition represents a more intensive use of than its current use. i DEC ISIrON ON THE PETITION 0: PLAN T. HOWE, ETAL FOR A VARIANCE AT 331 ESSEX STREET, SALEM page two 9. Petitioner failed to meet his burden of proof re�p� ive tj legal hardship. C12 i Is rJ I On the 'oasis of the above findings of fact, and on t ,evidence presented at the hearing, the Board of Appeal concludes as follows `1. SS 1 . Special conditions or circumstances do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the ordinance would not involve substantial hardship on the petitioner. 3. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of this Variance. The motion to grant having failed to garner the required four affirmative votes needed to pass, fails and the Variance is denied. Variance denied August 21 , 1991 Jos( h C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this d^cision, if any, shall be mode pursuant to Section 17 OT it:e A"ea. General L,!"3, C;wctcr 808. and shall be filed within 20 day; afro: the ru?e c: film^, of V-!-, decision in tha otii-e of the City Clerk. Prrou,n' :; Cen rl Laws, r;.-.iter 8":3, Suction 11, :he Variance cr _., f',rnoit •r;n'eC he ee: ch:tll not t:.ke C.fc Ct un ul cr.r'9 of the cac�J:;: , •:hc rDf'c:...an of Uie Cky Cork that 20 d.:v; h eLapccd cn o:t ;.p;;:::: h. ; t:ac.i fled, or that, if such nnpeal hi; been find, th.., ora i)-:en =^iisz er,° or ,!.n• d is recorded in thn Souu, Essox Rrgistry of Deacis and indexed under tl^ name er the owner of record or Is recorded and noted ea the owner's Certificate of Title. OOARO OF APPEAL (Cit" of �&nIrm, 4jja55ZjCjjU9pttS $Bourd of Appeal SPP 02 i di =�S DECISION ON THE PETITION OF ALAN T. HOWE, ET AL FOR A VARIANCE AT 331 ESSEX ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusettes General Laws Chapter 40A. Petitioner is requesting a Variance from the number of apartments allowed in this R-2 zone. The variance requested may be granted upon a finding by this Board that: 1 . 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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 the plans, makes the following findings of fact: 1 . The current use of the premises is as a lodging ( rooming) house with twelve ( 12) allowable units which consist of: two (2) apartments, two (2) kitchen- ettes, and eight (8) single rooms. 2. The petitioner is requesting seven (7) one bedroom apartment units. 3. The previous owner of the premises was granted a variance in 1987 by this Board to allow four (4) residential units. 4. The premises is located in the McIntire Historic District and correspondence from the Salem Historical Commission was made part of the record. 5• The Certificate of Inspection (#84-89) issued on November 13, 1989 and signed by Building Official Martineau, lists eleven (11 ) official units for the premises, and not twelve ( 12) as stated by petitioner. 6. That the owners of 333 Essex Street, as represented by Ms. Pitkin, were recorded in favor of the petition. 7. That eight (8) abutters were recorded as opposed to this petition. 8. That the Board finds that this petition represents a more intensive use of than its current use. DECISION ON THE PETITION OF ALAN T. HOWE, ETAL FOR A VARIANCE AT 331 ESSEX STREET, SALE': page two 9. ?etitioner failed to meet his burden of proof re�ptive to legal 'hardship. J 02 On the basis of the above findings of fact, and on tba,evidence presented at the hearing, the Board of Appeal concludes as follows: SS CLi_ '.. .. , r ICS 1 . Special conditions or circumstances do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the ordinance would not involve substantial hardship on the petitioner. 3. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of this Variance. The motion to grant having failed to garner the required four affirmative votes needed to pass, fails and the Variance is denied. Variance denied August 21 , 1991 Jos h C. Correnti, Secretary Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this d^cLsion, if any, shall to made pursuant to Section 17 dY iho N1,-s. General L.:•ws, C;i ptor 503, and shall be filed Within 20 days aRcr the cats c.' filmy of t.!s decision in tl,•z o:ozo of the City C'erk, Per-.;z.v' iS.c :'ens..-: La,s, Ch-.pter 8'3, Section 11, the Vr:riance cr .. __c. . rr r�ii -r;�';^, hee,u chap not I:,Ae e'f,ct until a cc,-y of the '.hc r.;.Df cr.tisn of the City Clark that 20 d,:vs h::-.., cla,ccd an na ;.D: ... h. : Lica filed, or that, if such appeal hi; been `.ilad, th;.t li 1-: i)::nn -:!1i;;e, or �!,i`od is recorded in thi South Essex Registry of Dczds and indexed under tL•z name or the owner of record or Is recorded and noted ea the owner's Certificate of Title. BOARD OF APPEAL (Cita of �&Nlvm, 'iffissadjuseits Bourb of _AV}renl F 3 4; . DECISION ON THE PETITION OF ALAN T. HOWE, ET AL FOR A VARIANCE AT 331 ESSEX ST. (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accord- ance with Massachusettes General Laws Chapter 40A. Petitioner is requesting a Variance from the number of apartments allowed in this R-2 zone. The variance requested may be granted upon a finding by this Board that: 1 . 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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 the plans, makes the following findings of fact: 1 . The current use of the premises is as a lodging ( rooming) house with twelve (12) allowable units which consist of: two (2) apartments, two (2) kitchen- ettes, and eight (8) single rooms. 2. The petitioner is requesting seven (7) one bedroom apartment units. 3. The previous owner of the premises was granted a variance in 1987 by this Board to allow four (4) residential units. 4. The premises is located in the McIntire Historic District and correspondence from the Salem Historical Commission was made part of the record. 5. The Certificate of Inspection (#84-89) issued on November 13, 1989 and signed by Building Official Martineau, lists eleven ( 11 ) official units for the premises, and not twelve ( 12) as stated by petitioner. 6. That the owners of 333 Essex Street, as represented by Ms. Pitkin, were recorded in favor of the petition. 7. That eight (8) abutters were recorded as opposed to this petition. 8. That the Board finds that this petition represents a more intensive use of than its current use. i DECISION ON THE PETITION OF ALAN T. HOWE, ETAL FOR A VARIANCE AT 331 ESSEX STREET, SALEM page -- wo 9. Petitioner failed to meet his burden of proof re�ptive t legal 'hardship. LJ Ji On the 'basis of the above findings of fact, and on tl�ta,evidence presented at the hearing, the Board of Appeal concludes as follows: SS 1 . Special conditions or circumstances do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the ordinance would not involve substantial hardship on the petitioner. 3. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, against the granting of this Variance. The motion to grant having failed to garner the required four affirmative votes needed to pass, fails and the Variance is denied. Variance denied August 27 , 1991 Jos h C. Correnti, Secretary 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 6E the %7a-s. General Low: , C:iaptcr 809, and shall be filed within 20 days ai:cr tho r:a ha c.' film; of T'.' decision in the oi;ice of the City Cleik, :, Gsns. ('e- r_I Laws, Ch:ptcr 8::3, F._c+,Ion 11, the V::riance .-arcY,t hee,^ ch dl not take rfcc/ unto o ce„/of the , , :.iin ,._,. ,,.c„oo of the City Clerk that CO d.iv; ha ela,ccd in : na cep::.' nt: t:ae.i filed. or that, if such nopeal ha; been fi:ad, th:.t i; La ir:nn ^.' sicced or =d is recorded in iiic South Essex Resistry of Deeds aril indexed under tl:e name or the owner of record or Is recorded and noted se the ia.mer's Certificate of Tile. BOARD OF APPEAL Y • d a I .1 Y V r.✓1 Jai wY U Y M.i J d �V w J Y August 21 , 1991 Richard Bencal , Chairman Board of Appeal One Salem Green Salem, MA 01970 RE : 10 Chestnut Street & 33 1 x Street Dear Chairman Bencal : The Salem Historical Commission is in receipt of your agenda for August 21 , 1991 of which petitions from Alan Howe, relating to 10 Chestnut Street and 331 Essex Street, will be heard. Both of these properties are located within the McIntire Historic District and are under the jurisdiction of the Salem Historical Commission. The Commission, since May, 1988 , has been attempting to correct an outstanding violation at 10 hestnut Street concerning a fence that was onst"ructed without approval . The Commission corresponded and me wi h Mr. we a d, at its e ting of June 6 , 1990 , approved a rep arlement fenc Our last co spondence to Mr. Howe was on October 1�3 , 1990 in hich Mr. How was given until November 28 , 1990 to install the approved fence As of this date, the fence is sti-1-1 not completed and, until prompted by our clerk last week, Mr. Howehad not initiated any written or verbal correspondence concerning this issue . �— In September, 1988 , the Commission approved plans for the construction of a secondary means of egress for 331 Essex Street conditional that the plans be amended as stated in the Certificate of Appropriateness . As of this date, the work has also not been completed. On August 20 , 1991 the Commission eceived a letter from Mr. Howe which provided nupdate o th status of work for both properties . He has in�flcated that she fence work at 10 Chestnut Street will be completed by August/31 , 1991 and that he is pursuing refinancing to complelte the work at 331 Essex street. / Should the Board of Appeal approve Mr. Howe ' s petitions for these properties , the Salem Historical Commission respectfully requests that the approvals are conditional that the conditions of w the Salem Historical Commission ' s Certificates of Appropriateness dated September 26 , 1988 and June 7 , 1990 be met . In addition, since Mr. Howe has a history of not promptly adhering to the conditions of the decision by a public board, we respectfully request that no Certificate of Occupancy be issued for any unit at 331 Essex Street until the conditions of the Certificate of Appropriateness dated September 26 , 1988 are met . Documents referenced in this letter are attached. Thank you for your consideration in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman cc : Alan Howe William Monroe JG\JG\HOWE Citv Clerk "� '•�J� Building Inspector Salem Historical Commission CITY HALL. SALEM. MASS. 01970 745-9595, ext. 311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction (x) ; reconstruction ( ) ; demolition ( ) ; moving ( ) ; alteration ( ) ; painting ( ) ; sign or other appurtenant fixture ( ) work as described below in the . . . McIntire Historic District (NAME OF HISTORIC DISTRICT) Address of Property: 331 Essex St. Name of Record Owner: Alan Ilowe DESCRIPTION OF WORK PROPOSED: Construction of secondary means of egress as shown in Option Two of plans with following alterations — Two righthand windows to be removed, three lett hand windows be centered as close as practically possible on facade of addition and that thev be the same level and size as existing, chat the trim and windows match existing in material and style, that the windows be 6 over 6 , single glazed, that the door be a 6 panel wood door, Brosco 11100 or similar, that there be corner boards on back corner per drawings , that there be no dentils, and that the roof not be flat . will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Federal Laws, Ch. 40C)) and the Salem Historical Commission. Dated: `-/� �C �S� SALEM HISTORICAL COMNIISSION f t :L By Chairman Citp of a r t III V I It 10 t a b 48 RafaPfflt fDtrvct 5,Ijcjjj, Sjji.01970TY Gf: Joseph F. Sullivan Chief ZZ: August 21, 1989 Mr. Alan Howe 10 Chestnut Street Salem, Ma 01970 Dear Mr. Howe: On April 26,_1988, a letter was sent to you at and for the property at Essex Street, regarding the requirements of Chapter 148, Section 26H, Massacfu—tt— General Laws, which requires the installation of automatic sprinklers in lodging houses. On February 12, 1989, a letter was also sent requesting a progress report on the installation of said sprinkler system. As of this date, no plans have been filed with this office, and it appears that no progress toward compliance with this law has been made. Please contact this office and make arrangements to meet with me relative to the requirements of this law. Signed, Robert W. Turner, Fire Marshal cc: Licensing Board Building Department file I . City of r it e t5 r . ffire �Drvartulrnt i0raaq,ttartrr5 +8lafavrttr —,�--trrrt _ �atrnt, 1t1a. 019MTY G: Joseph F. Sullivan Chief August 21, 1989 `o Mr. Alan Howe 10 Chestnut Street Salem, ',la 01970 Dear Mr. Howe: On ,April 26, 1988, a letter was sent to you at and for the property at r331 Essex Street, regarding the requirements of Chapter 1,18, Section 26H, Massachusetts General Laws, which requires the installation of automatic sprinklers in lodging houses. On February 12, 1989, a letter was also sent requesting a progress report on the installation of said sprinkler system. As of this date, no plans have been filed with this office, and it appears that no progress toward compliance with this law has been made. Please contact this office and make arrangements to meet with me relative to the requirements of this law. Signed, Robert W. Turner, Fire Marshal cc: Licensing Board Building Department file APPEAL CASE NO. . . . . .. .. . .. n (tlity of Salem, msm ntad's b of seal TO THE BOARD OF APPEALS: The Undersign�gd r esent thA 4f, .are the owners of a certain parcel of land loc ted2 at NO. . . . ✓ 5. �.�/Y�f�i�.✓. : . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; 7onina District and said parcel is affected by Sectionis : . . . . . . . . . . . . . . . . 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. ZZ N , AJ- The fThe Application for Permit was denied by the Inspector of Buildings for the following reasons � L�h./2 The Undersigned hereby petitions the Board of Appeals to vary the 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: ��f— / Q J G'U/1 U c!c-J'/D/t 0K) LhL c�— d Owner. s .. ' �� ' d �;I/.o/iK:. . Address. . . . . . . . . . . • • •• Ln oJ - Telephone. . . . . . . . . . . . . . . . . . .. . . . . . . . . . Petitioner. . . . ,f ". . . . . . . . .. . . .. . . .. . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w; Date. . . . . . . . . . . . . . Telephon . . . ..� . . . . . . . . a c W a o a -� C) Three prof the application must be filed with the Secretary of the Board of =Appeafwithp-a check, for advertising in the amount of. . . ... . . . . .. .. . . .. . C--four wedks rtior to the meeting of the Board of Appeals. Check payable to The 'Evening News. F�v.3t. LANs(- .)UR 'Alf?VFYs SUnIHVI ONS REG61Fnrb1_A OSuf7VFYOR nrni;irnr-Orlv11 rNnivirrr LOTSU Yr-YS / MORTGAG SURVEYS CONSULT INC; / PARSONS AND IA, INC. / 60 LEWIS STREET LYNN. MA ACHUSETTS 01902 / 593-7927 /x,t ryy f l OT c CANr AsfAc4u ,:jj Sc Zo' �u� (1,071 HOF/; s Si+ e � DATE OF PERMIT PERMIT ER ATION DIST MV b16 i Kiu I I � ,l%PE 1`� -. Frederick D. Small 331 Essex St. STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COW DWELLING WOOD I 4 I 1 ;moi',' BUILDER II 9 BOARD OF APPEAL: 10/8/86 - Withdrew petition to allow six residential units. BOARD OF APPEAL: 4/15/87 - GRANTED - Special PErmit to ally four„residential units. 2/9/89 1140-89 Install new fire-door Ihr doors on each unit as per plans cost $ 14,000. fee $89.00 (Owner - Alan Howe, 10 Chestnut St. , Salem.P1A) 154t (Sammunwaft4 of Aussar4unno CITYITAMN OF SALEM r In accordance with the Massachusetts State Building Code, Section 108. 15, this CERTIFICATE OF INSPECTION isissued to . . .ALAN T: HOWE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 (fffrfifq that I have inspected the. . . ,PREMISES . . . .known as. . L DGING HOUSE located at. . 331 ESSEX STREET in the. . . of SALEM . . . . . . . . . . . . . . . . Count o ESSEX . . . . .Commonwealth o Massachusetts. The means o egress are sufficient or the following County f. . . . . . . . . f f 9 ff� f f g number of persons: BY STORY Story Capacity Story Capacity Story Capacity Story Capacity 1st Floor ; 3 UnitS 2nd Floor ; 4 Units 3rd Floor. q Units • • BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location 84-89 November 13 , 1989 November 13 , 1990o�� CertificateNumber Date Certificate Issued Fate Certificate Expires Building Official The building official shall be notified within (10) days of any changes in the above information. y� h9 v v 9,x/7 ❑ X30 0 Z0,- g6 0 2 N 9 ' h a; g 528 . 513 C° 0 21 7.i60 , Fj►� 5 47 2 514 J 62,9 ` a' I ebb ` n 4100 ;e.,`` m 77, w /70 C 525 15 m too e.e +•'j. M, V 469 - o >\ 8110 546 v \ _ x 543 " " 1 .8.. ;—� E �� v 1� p 468 �. ✓ 1.d59 518 ¢+ �� Q 7Io0 524 m C-3 5, ' ' A o a f •i �: ee � ..e »n 'ax eee a (78 m �,25IO �J 3\ a \ A� 6 67 w E XLn y� eco 563 e ie•' v�j�, y_a eA am 464 v . 4 f 7 466 `➢ Zlq 487 \ , �° 0 1500 '7394 y Ln ^ , ✓ ° i a 5 46017 ; 270 a 671 to. �ydf5 75LJ 645 se• Y?—X' .A �.D '� ❑ 6/54 rn 3339Go a z 30 a '� _ ag6 AE•I �a N 17 44 444 42 g5 + 8� �� 7A6.' 3 Q 32 5a iAZ x �I � 478 4 g 752 13192 227 r 42 0' "�`'., s. n O , 6 31 � .. 1103 ❑ c, 13 �54 m 9 23?' Z 3r BI m eVi s arv. y 2265 `00 10 233 -N j +9 9�L >� a zl, 424 a ao 02858 05 + ES y 63 222 223 29 Q 2Z m Oo A 5S iC �f, i9, 5326 rn ,1 . AAQ L. 16764 t0 �1 f4 �. O F 564 JcJ7, „ 5y7 35t,0 a et m —1 3300 4 \ 44 °O AM 05' g3go .y T 565 71 a;l . x• rn,,�t9?.401 C r a r, •■r�N/SAI �1 ��/ � ��yp � r.:a na r� UNE S'SEM GREEN, :4l EF,1. August 21 , 1991 Richard Bencal , Chairman Board of Appeal One Salem Green Salem, MA 01970 RE : 10 Chestnut Street & 331 Essex Street Dear Chairman Bencal : The Salem Historical Commission is in receipt of your agenda for August 21 , 1991 of which petitions from Alan Howe, relating to 10 Chestnut Street and 331 Essex Street, will be heard. Both of these properties are located within the McIntire Historic District and are under the jurisdiction of the Salem Historical Commission. The Commission, since May, 1988 , has been attempting to correct an outstanding violation at 10 Chestnut Street concerning a fence that was constructed without approval . The Commission corresponded and met with Mr. Howe and, at its meeting of June 6 , 1990, approved a replacement fence. Our last correspondence to Mr. Howe was on October 23 , 1990 in which Mr. Howe was given until November 28 , 1990 to install the approved fence. As of this date, the fence is still not completed and, until prompted by our clerk last week, Mr. Howe had not initiated any written or verbal correspondence concerning this issue . In September, 1988 , the Commission approved plans for the construction of a secondary means of egress for 331 Essex Street conditional that the plans be amended as stated in the Certificate of Appropriateness . As of this date, the work has also not been completed. On August 20 , 1991 the Commission received a letter from Mr. Howe which provided an update of the status of work for both properties . He has indicated that the fence work at 10 Chestnut Street will be completed by August 31 , 1991 and that he is pursuing refinancing to complete the work at 331 Essex Street. Should the Board of Appeal approve Mr. Howe ' s petitions for these properties , the Salem Historical Commission respectfully requests that the approvals are conditional that the conditions of the Salem Historical Commission ' s Certificates of Appropriateness dated September 26 , 1988 and June 7 , 1990 be met . In addition, since Mr. Howe has a history of not promptly adhering to the conditions of the decision by a public board, we respectfully request that no Certificate of Occupancy be issued for any unit at 331 Essex Street until the conditions of the Certificate of Appropriateness dated September 26 , 1988 are met. Documents referenced in this letter are attached. Thank you for your consideration in this matter. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman cc : Alan Howe William Monroe JG\JG\HOWE ^ o nD" cc: City Clerk F a� Building Inspector /� 1I - / C Salem historical Commission CITY HALL. SALEM. MASS. CIS70 745-9595, ext. 311 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction (x) ; reconstruction ( ) ; .demolition ( ) ; moving ( ) ; alteration ( ) ; painting ( ) ; sign or other appurtenant fixture ( ) work as described below in the . . . McIntire Historic District (NAME OF HISTORIC DISTRICT) Address of Property: 331 Essex St. Name. of Record Owner: Alan Ilowe DESCRIPTION OF WORK PROPOSED: Construction of secondary means of egress as shown in Option Two of plans with following alterations - Two righthand windows to be removed, three left hand windows be centered as close as practically possible on facade of addition and that they be the same level and size as existing, that the trim and windows match existing in material and style, that the windows be 6 over 6 , single glazed, that the door be a 6 panel wood door, Brosco [1100 or similar, that there be. corner boards on back corner per drawings , that there be no dentils, and that the roof not be flat. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated:,-/,'1� 2 SALEM HISTORICAL COMMISSION By Chairman l CITY OF SALEM OF SALEM APPEAL BOARD OF BOARD OF APPEAL 745.9595 Ext. 317 persons inter- 1. 745-9595 Ext for persons inter-�' for all p W ill hold a public hearing Alan Hower for .Will hold a public he bmg Alan Howe for ' 7 dwelling units 7 dwelling units este in the petition submitted by to be held es; in the petition submitted by + use to allo hearing use to allow ea . to be held a Variance from St (TL-2). Said 'a a Variance from 2 Said hearing at 331 Essex N,ednesdaY, August 21, 1991 at 7:00 P.M., one at 331 EssexAugug-21 1991 at 7:00 P.M., One, ' Chairman Wednesday, 2nd flour• Chairman 2nd floor. BENCAL, Salem Green, p,. BENCAL, Salem Gree°' _ RICHARD RICHARD A. August 7!14, 1991 August 7!14, 1991 , CITY OF SALEM BOARD OF APPEAL 745-9595 Ext: 381 CITY OF SALEM Will hold a public hearing:for all persons inter- BOARD OF APPEAL ested in the petition submitted by Alan Howe for 745-9595 Ext. 381 a Variance from use to allow (7) dwelling units Will hold a public hearing for all persons inter- - at 331 Essex St.,.(R-2). Said hearing to be held ested in the petition submitted b Alan owe for Wednesday, August 21, 1991 at 7:00 P.M., One a Variance from use to allow (7)dwelling units Salem Green, 2nd floor. at 331 Essex St.-(R-2). Said hearing to be held -- RICHARD A. BENCAL, Chairman '. Wednesday, August 21, 1991 at 7:00 P.M., One August 7!14, 1991 -- - > - - Salem Green, 2nd Floor. ' - - - RICHARD A. BENCAL, Chairman """ ``t-; •-�- August 7!14, 1991 I � CITY OF SALEM t CITY OF SALEM BOARD OF APPEAL BOARD OF APPEAL -- 745-9595 Ext. 381 745.9595 Ext. 381 Will hold a public hearing for all persons inter- `' Will hold a public hearin ested in the petition submitted by Alan Howe for g for all persons inter- ested Variance from use to allow (7) dwelling units ested in the petition submitted by Alan Howe for at 331 Essex St. (R Said hearing to be held a Variance from use to allow (7) dwelling units Wednesday, August 2). aid a 7:00 P.M.,be One at 331 Essex St.-(R-2). Said hearing to be held Salem Green, 2nd floor. Wednesday, August 21, 1991 at 7:00 P.M., One RICHARD A. BENCAL, Chairman Salem Green, 2nd Floor. August 7,114, 1991 August 7,114,RIICCHARD A. BENCAL, Chairman rf �T Cc APPEEAtlL CASE NO. . . . . . . . . . . . . .. . . . . . . . . . Lif �. �Bm=b of 'Ap al saw TO THE BOARD OF APPEALS: The Undersigned r present th e; are the owners of a certain parcel of land ] cc ted at NO. . . . s�. �. z �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District —. and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . . 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. � A � /2 lin v��i A vL The Application for Permit was denied by the Inspector of Buildings for the following reasons: Z%_ -2� �Lc r The Undersigned hereby petitions the Board of Appeals to vary the 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: /� 92 00/11) 07) VX a Owner. d � ✓ s.,., iN Address. . . . . . . . . . . . . . . . . . . Ln cTelephone ,7 rev o . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petitioner. . . . . . . . . • . . . . . . . • • • • • Address. . . . . . . . . . . . . . . . . . . . . . . . .5;';�. . . . . . . . . . Date.:''. . . . . . . . . . . . . . . . . Telephon w r . . a - 4r ' By. . !. . . . . . . . . . . . .ct -J U_ U N' .Three �gpi�pf the application must be filed with the Secretary of the Board of �Appea with�-a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . ... . . ofour wo4ks Pior to the meeting of the Board of Appeals. Check payable to The °'Evening News. 1 ❑ ❑ nen�a 4 4 4 : DATE OF PERMIT ATION I�IIST � b161 KILT Frederick D. Small 331 Essex St R .2z r � STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COST DWELLING WOOD 4 I BUILDER BOARD OF APPEAL: 10/8/86 - Withdrew petition to allow six residential units. iu , BOARD OF APPEAL: 4/15/87 - GRANTED - Special PErmit to ally four units. 2/9/89 1140-89 Install new fire-door lhr doors on each unit as per plans icost $ 14,000. fee $89.00 (Owner - Alan Howe, 10 Chestnut St . , Salem.MA) APPEAL CASE NO. . . . . . . .. . . . . . . . . . . . . . . . , � fQifv of Salem, assarimseffs �. �1=b of Armenl TO THE BOARD OF APPEALS: The Undersi ed rearesent that -f ne ip are the owners of a certain parcel of land to ed at No. . . 3� / S'S� . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. -� and said parcel is affected by Section(s : . . . . . . . . . . . . . . . . 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. ✓-77 �—�� On 1fi� The Application for Permit was denied by the Inspector of Buildings for the following reasons: /t J-"/� , The Undersigned hereby petitions the Board of Appeals to vary the 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 Co//de for the following reasons: / CGh ') L� "/9 als_e_� � � :m.C: Owner. . . . ��9?. l JD h.� . R. . . . /(`I, .!. . . . .. . . . ... /./. .000////// Address. x" N Telephone. . . . �f2i7/ . . . . . �. . . . q Petitioner. e w T .. . . . . . . . . . . . . . . .. . . . . Qi w - 1 4 . . . . . . . . . . . . o e_, w.s Address. . . . . . . . . . . . . . . . . . . . . . n w ate. . . . Tel e. .(pc . . . . . . . . . . . . . phonNG �,` r By. .... . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . . . . . . . . . . ... . . . . . . . ... . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. V _ J J � Z Z Z Z J Z C 1 I� I� CITY/2YW OF SALEM In accordance with the Massachusetts State Building Code, Section 108. 15, this CERTIFICATE OF INSPECTION isissued tot . . ALAN T: HOWE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . ITertlfg that I have inspected the. . . PREMISES. . . . . . . . . . . . . . . . . . . .know: as. . LODGING HOUSE located at. . 331 ESSEX. STREET. . . . . . . . . . . . . . . . . . .in the. . ,CITY . . . . .of . SALEM County of• • •E•SEX. . . . . . . .Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persona: BY STORY Story Capacity Story Capacity Story Capacity Story Capacity 1st Floor ; 3 UnitS 2nd Floor ; 4 Units 3rd Floor y Units • • BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location 84-89 November 13 , 1989 November 13 , 1990 �CG � Certificate Number bate-Certificate Issued late Certificate Expires Building Official The building official shall be notified within (10) days of any changes in the above information. I_ANOCOUR IRVF_YS SIIRDIVI ONS RF.GISIF-REDI_A DSURVFYOR RF.GISTFRFDCIVII rtmiNFFI LOTS U JEYS % MOF SURVEYS CONSUTAING / PARSONS AND IA, INC. 60 LEWIS STREET LYNN, MA ACHUSETTS 01902 593-7927 61J �D �Z"Ile n c�foLl (11071 I .� �'3�►.s -333 = . : ,,: . }::.mak. rye sAMARLIM 11 Y,• FAIA rr, � r 1. Sk �b:3t.L�- ���. b.,3�r I_ANUCOURg1.IRVEVS SUOUIVI ONS REGISTFRF_UI_A OSURVF.VOR RFGIS7FRFUCIVII Fli<:INFII LOI'SU F_VS % MORI-GAG SURVEYS CONSULI ING PARSONS AND IA, INC. / 60 LEWIS STREET LYNN, MA ACHUSETTS 01902 593-7927 v \ � avf �n I Y � i S Carl, 4vicguil r! T°L7 11fMi =333 !�wH of ENARLE9 G DANIEL EAIA n i - J 30918 .., kv- - �SSx 'T i C I_ANDCOUR IRVFYS SURDIVI ONS REGISIFRF_DLA DSURVF.YOR RFGIS'f F17FDCIVII FIIt:INFff LOISU ItEYS % MORIGAG SURVEYS CONSULI ING / PARSONS AND IA, INC. / 60 LEWIS STREET LYNN, MA ACHUSETTS OI902 / 593-7927 �""',A•e V f S C&n( 4voluini i Ll --3 3 3-333FAIA tAMEL i 7 r E�/1IT60F-� ^ OEzro = 3 S,t'S Met i m t e•['QyT''!- �. '£ ( �. r';t' {.. 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