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107 FEDERAL STREET - ZBA (3) 0� Federal St. R-2 Sun Cha Kim 91 v Ctu of tzlem, 'Musloadjusetts 4 Potts of Appeal e , APRIL 25, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF APRIL 19, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO DENY THE PETITION OF SUN CHA KIM FOR A VARIANCE TO ALLOW PROPERTY VARIETY STORE AT 107 FEDERAL STREET TO BE CONVERTED TO A SINGLE BEDROOM APARTMENT. BOARD OF APPEAL BRENDA M. SUMRALL CLERK OF THE BOARD A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A. , Section 11, the Variance/Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owners Certificate of title. Board of Appeal l OF SALEM BOARD-0 APPEAL -745-9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by SUN CHA KIM for a variance from use and parking to allow former varietystore at 107 FEDERAL STREET(R-2)to be converted to a single bedroom apartment.Said hearing to be held WEDNESDAY, MARCH 16, 1994 AT 6:00 P.M.,ONE SALEM GREEN,second floor. Vice Chairman STEPHEN TOUCHETTE, SN30430 March 2, 9, 1994 � ' f - ----- CITY OF SALEM CITY OF SALEM eROARli OF APPEAL 745-9595 Ext. 381 BOARD-OF APPEAL lgip hold a public hearing for all persons inter- ested in the petition submitted by SUN CHA KIM ` 745c hearing Ext. 381 to allow former Will hold a public hubmit for all persons inter- ehtionsubmitted by SUN CHA KIM for a variance from use and parking ested lathe p parking to allow former varietystore at 107 FEDERAL ST BEET nt.Said for avariancefrom use andp be converted ttola s, �YEDNESDAY, MARCH 16, variety.store at 107 FEDERAL STREET tm nt.Said hearing second be convertoedbetola s, 1NEDNESDAY, MARCH 16, 1994 AT 6:00 P.M.,ONE SALEM GREEN, hearing second floor. Vice Chairman 1994 AT 6:00 P.M.,ONE SALEMGREEN, STEPHEN TOUCHETTE, SN30430 floor. TOUCHETTEVice Chairman March 2, 9, 1994 STEPHEN , SN30430 March 2, 9, 1994 • ----"'�"�� ` !ATE OF U PETITIONER ��� OCATIOI°] :MOTION: TO GRANT Q�/j SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND '70 CONTINUE SECOND POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE Y p6ED G�� ✓+ J11 A3BERT C. HILL r✓ STEPHEN TOUCHETTE ✓ ASSOCIATE :lEMBERS NINA V. COHEN , ARTHUR LABRECOUE CONDITIONS: 22 (flit ofttlem, � ttssttcltusetts i ' 313nurd of � eul Z Ib ii; DECISION ON THE PETITION OF SUN CHA KIM FOR A VARIANCE AT 107 FEDERAL ST. (R-2) A hearing on this petition was held March 16, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Albert Hill and Associate MemberS Nina Cohen and Arthur Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variances from use and parking to allow former variety store to be converted to a single bedroom apartment in this R-2 district. The Variances which have 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 or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 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. There was vigorous neighborhood opposition. 2. io one spoke in favor. 3. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. J• DECISION ON THE PETITION OF SUN CHA KIN: FOR VARIANCES AT 107 FEDERAL ST. , SALEM page two ;. .SS On the basis of the above findings of fact, and on Ot�hopl.guidence " presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to 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 2 in favor 3 opposed ( Mr. Touchette, Mr. Labrecque voted in favor, Mr. Hill, Ms. Cohen & Mr. Barrette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 16, 1994 Nina V. Cohen, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL Ctv of inlem, � ttssttcllusetts ' �Satzra of ,:-gyp e APR 36 i k.3 r S DECISION ON THE PETITION OF SUN CHA KIM FOR A VARIANCE AT 107 FEDERAL ST. (R-2) A hearing on this petition was held March 16, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Albert Hill and Associate Members Nina Cohen and Arthur Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variances from use and parking to allow former variety store to be converted to a single bedroom apartment in this R-2 district. The Variances which have 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 or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 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. There was vigorous neighborhood opposition. 2. No one spoke in favor. 3. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. ' DECISION ON THE PETITION OF SUN CHA KIM FOR VARIANCES AT 107 FEDERAL ST. , SALEM page two �Pft �9 2 36 SS On the basis of the above findings of fact, and on Oti uafle�4cp �l presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to 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 2 in favor 3 opposed ( Mr. Touchette, Mr. Labrecque voted in favor, Mr. Hill, Ms. Cohen & Mr. Barrette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 16, 1994 Nina V. Cohen, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, -IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL oftzlem, � Httss�zcljusPtts 3 bourb of A[}�ettl T T DECISION ON THE PETITION OF SUN CHA KIM FOR A VARIANCE AT 107 FEDERAL ST. (R-2) A hearing on this petition was held March 16, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Albert Hill and Associate MemberS Nina Cohen and Arthur Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variances from use and parking to allow former variety store to be converted to a single bedroom apartment in this R-2 district. The Variances which have 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 or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 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. There was vigorous neighborhood opposition. 2. No one spoke in favor. 3. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF SUN CHA KIM FOR VARIANCES AT 107 FEDERAL ST. , SALEM page two Z 35 On the basis of the above findings of fact, and on t,*Levia, d e presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to 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 2 in favor 3 opposed ( Mr. Touchette, Mr. Labrecque voted in favor, Mr. Hill, Ms. Cohen & Mr. Barrette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 16, 1994 P Nina V. Cohen, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, -IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL (fitV of ,Salem, flttssttrijusetts 'Boura of Au peal {{ f 3'� t. �a DECISION ON THE PETITION OF SUN CHA KIM FOR A VARIANCE AT 107 FEDERAL ST. (R-2) A hearing on this petition was held March 16, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Albert Hill and Associate Members Nina Cohen and Arthur Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variances from use and parking to allow former variety store to be converted to a single bedroom apartment in this R-2 district. The Variances which have 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 or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 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. There was vigorous neighborhood opposition. 2. No one spoke in favor. 3. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. 4� DECISION ON THE PETITION OF SUN CHA KIM FOR VARIANCES AT 107 FEDERAL ST. , SALEM page two IIPft �� 2 36 On the basis of the above findings of fact, and on OtrY e i- tigLu'i,$er1ce presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 2 in favor 3 opposed ( Mr. Touchette, Mr. Labrecque voted in favor, Mr. Hill, Ms. Cohen & Mr. Barrette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 16, 1994 Nina V. Cohen, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, -IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL of ,$ttiem, `fassucilusetts M a 'Boarb of Av peal 36 Ill �a DECISION ON THE PETITION OF SUN CHA KIM FOR A VARIANCE AT 107 FEDERAL ST. (R-2) A hearing on this petition was held March 16, 1994 with the following Board Members present: Stephen Touchette, V. Chairman; Gary Barrett, Albert Hill and Associate Members Nina Cohen and Arthur Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting Variances from use and parking to allow former variety store to be converted to a single bedroom apartment in this R-2 district. The Variances which have 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 or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. 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. There was vigorous neighborhood opposition. 2. No one spoke in favor. 3. The petitioner to failed demonstrate or to meet the burden of proof relative to legal hardship. DECISION ON THE PETITION OF SUN CHA KIM FOR VARIANCES AT 107 FEDERAL ST. , SALEM page two HPR �� Z 36 �F«I_�-!`;,ICL. On the basis of the above findings of fact, and onCIT'{th@LeVitt`e e presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to 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 2 in favor 3 apposed ( Mr. Touchette, Mr. Labrecque voted in favor, Mr. Hill, Ms. Cohen & Mr. Barrette voted in opposition) to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED March 16, 1994 Nina V. Cohen, Associate Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MGL CHAPTER 40A AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MGL CHAPTER 40A, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL 4 Andover St. Salem,MA 01970 March 16, 1994 Salem Planning Board of Appeals 1 Salem Green Salem,MA 01970 Dear Sir or Madam: My front door faces the front door(s) of 107 Federal St.,and I strenuously object to the proposal to convert the Federal Street Variety Store into a third apartment. In the 44 years that my family has lived on Andover Street, this store has been the cornerstone of the neighborhood. It is well known that the store's historical significance goes back far before my time, well into the 18th century. Of course, the store has seen many changes in its 200-plus years,and the pace of those changes has increased in the last several decades,as proprietorship has changed a number of times. I am sure that some le will tell you that the store has become extinct and can no longer be run profitably. The will blame the technology and the cost advantages of supermarkets,or the changes in traffic patterns y which have reduced the number of cars on Federal Street. The 1990's are bringing a lot of economic changes, and the Federal Street Variety Store is certainly not alone among properties unable to support yesterday's way of doing business. Yes,the store is extinct in the form I knew it as a young boy. But retailing is changing extremely rapidly-Just look at the Northshore Shopping Center, or at the probable demise of video stores,or at the computer technology that is inundating even the smallest shops. Somewhere in these changes, somewhere in a retail concept which is beyond most of our imaginations but which right now is nevertheless hurtling towards our neighborhood on the information highway,is an opportunity for a visionary entrepreneur to preserve the irreplaceable landmark of the Federal Street Variety Store. It would be extremely short- sighted to preclude the potential for this private sector historic preservation by acquiescing in the obliteration of this neighborhood treasure,just in the pursuit of an individual's immediate commercial gain. The nature of a free enterprise economy is that people are free to invest their money wherever they think they can make a profit. With the potential for profit,however,comes risk. Just as the profit belongs to the individual risk-taker, so should the potential loss. It is not appropriate to try to spread that loss to the entire neighborhood by destroying one of its most distinctive historical features. The proposal to convert the store into an apartment is clearly contrary to the the city's R-2 zoning and parking regulations. These regulations were designed to protect our neighborhoods against such overdevelopment,and I urge you to adhere to them. Yours truly, Joel F. Caron ;PPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . �' situ of �5ttirm, C�Hrzs>3rzcitizsPffs �=0 of C pprzil TO THE BOARD OF APPEALS: ` The Undersigned represent that he is are the owners of a certain parcel of land located deral ,t110. . . . . . . . . . . . . . . . . 107 . t . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.R-2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : ana said parcei is arr"ected by Sectiones ) . . . . . . . . . . . . . . . . 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. T n T Direct Appeal L 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 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: The owner wishes to remodel the first floor, which was formerly a variety store, for use as a single bed room apartment . This will result in three apartment units total in an R-2 zone. It is not possible for the owner to sustain this fine historic building with only the present two rental units . There are presently four (4) parking spaces available on the site. Code compliance requires five (5 ) spaces. The present shape and size of the lot does not allow more than four spaces. It is our opinion that the addition of a third apartment containinq a maximum of two ( 2 ) people will not be substantially derogating to the building or the district . Owner. . . . . . .Sun. . . . . .Cha. . . Kim. . . . . . . . . . . . . . . . . . . . . . . Addres582 , North Street, Danvers: MA. Telephone. , ( 508 ) 774-5.509. . . . . . . . . . . . . . . . . . . . . Petitioner. . .o Rb. .ert. D.. Far].e Architect . . . . . . . . . . . . Y. . . . 160 Sylvan Street, Danvers, Mi Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. ,February 10, .1.994 ( 508 ) 774-4039 . . . Tele!p�h;on . . . . 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. COXSalem Historical Commission CITY HALL. SALEM. MASS. 01970 t J�ta,Mme w�~ CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction [ ] ; reconstruction [ ] ; demolition [ ] ; moving [ ] ; alteration [x ] ; painting [ ] ; sign or other appurtenant fixture [ ] work as described below in the . . . McIntire Historic District. (NAME OF HISTORIC DISTRICT) Address of Property: 107 Federal St. Name of Record Owner: Sun Cha Kim DESCRIPTION OF WORK PROPOSED: Infill store front windows as proposed in drawings remove loading door, add two windows on Beckford St. side, add window on 45 corner. Center front door entryway to be retained. Owner to apply for new door design before building permit is issued. Approval conditional that west facade transom over door be restored and window shutters be restored throughout building. Approval subject to Board of Appeal approvals as needed. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (Mass. General Law Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the Inspector of Buildings prior to commencing work. Dated: 1/20/94 SALEM HISTORICAL COMMISSION By C airman (( /V UAL& Z) ZOAZI"6 D/STRlGT =,P-2 (rWO C:4 REC. BK• 6750"06. 5-80 (_1415r6klc4L- o/srelcr. lct� OEE'O REF : 8001<' /089/, P6.;26 h 2,. _PLAN REF.'BOOK 2/32 , P6. 23/ BF iy q NL. 454r)/AVa FENfE ;W i07 FEDERAL Sr tiP BRlOGE JT ZP2 STY. NWS ,Fq,4ME 3 Cj AUL M. , L!ESL/E g TC/rt L E O I'W-ooT PRINT= /220 r S.F) N 4W2 6'B,r. 11-3¢6, PG. 278J LO EA EOERgL sr 2,200 S.F. 'V�o focus.• oa° a 0 o` EasEx sr. ? Bo[.r Gsfr) LOCUS PLAN �R/CK S/DEWAf K FEOE.P.4L STREET PLOT PLAN OF LANG IN SALEM. MA E��cEiy eu/coay�_rnrsPrR. DEED REFERENCE-'6 SHONN HEREON IS SCALE : s ' fEB /4 ROUND AS SHOMV AND IS / 1. a/,.. /o89/, P6.26 ' INSTRUMENT SMEr. PLAN REFERENCE ,PEC. BK. 2/3 2 P6. 23/ 0 /� 20' 30' N /�REPAQED FoR s uiruec� LJi `_� .r RT4 �L Rfk fes: r �5 7 f N _ T _ r - .I — 3' oOm4t, 1 o No. 2(,25 .. a Pi111111111U1111 IIIIIIIIOP11/1116 �r unllr�rllllill11176119"IP'iPlitlll{'1! CM I, --- yiS i 4. I 1 i 1 \ \ \ fi \ b . \ > �Ivl \ — r o Irk T \ UoIr I1 II \ o gi J r P Itt rn_ - � UUU 0 r a .�� 599 60 o�� """�� 0 D 6,534 B4O80 59 5.16/ AA r {9/ 5.135 e4 /� o% . R 5A e 7 u • S STREET ;.a NDOVER 505 v 0 ❑ /7,0/a 503; .'6,3790 t. .• P 7" 4,500 �g00 w " 91' 'I• m 9 cI o 0 502; w �S9 •% 4 ��� ,o _ 15247 x" a1Rsr 's9 ' ,"• F y o� � 3,.,44 4 2 CN R14 %° •"' 2. •� �c - „ 13,711- V ,!" e 3 990 yok 9 , P Ul 2' 0 2 528 . a 513 c�—o p � 5,3 21 6 �.3�0 " 514 z3,7/P •, . r 4/00 B 2 515 000 d' � ?BOLO BO ° to 0 LOX 546 2 3195' 543 11811 7,859 P s m 8,990 Sao- 16 o- :a+ ' ,.s ,ae !nz !!s 5 ,�° e• (k�3a °° 1 6 ' 61) " 68A emi sP5/0 B s ,s"%" „ a S S E X y" m w L ro Lr 484 �• ��5 0 7,50 N n /i rn in GCA `' rn m 200 300 400 1- 500 FEET 478 I 15192 APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . (gZtt1 IIf ttlPm, �ffins tl tsP##s �Rvarb of 'AA"rai TO THE BOARD OF APPEALS: The Undersigned represent 107 Fed it NO. . . . . . . . . . . . . . . . . :. . that he is are the owners of a certain parcel of land located eral Street; Zoning District.R-2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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. l of the Zoning Ordinance. T Direct Appeal � r o L- m 0 tMl U L_ � v 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 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: The owner wishes to remodel the first floor, which was formerly a variety store, for use as a single bed room apartment. This will result in three apartment units total in an R-2 zone. It is not possible for the owner to sustain this fine historic building with only the present two rental units . There are presently four (4) parking spaces available on the site. Code compliance requires five ( 5 ) spaces. The present shape and size of the lot does not allow more than four spaces. It is our opinion that the addition of a third apartment containinq a maximum of two ( 2 ) people will not be . substant:ially derogating to the building or the district . Owner. . . . . . .Sun. . . . . .Cha. . . Kim. . . . . . . . . . . . . . . . . . . . . . . Address$? .North Street , Danvers, MA. Telephone. , 774-5.509. . . . . . . . . . . . . . . . . . . . Robert D. Farley, Architect Petitioner. . . . . 160 Sylvan Street, Danvers, MA Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. ,February 10" , " Teleph 1994 ( 508) 774-4039 " " " on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. NO.................................... PETITION TO BOARD OF APPEALS LOCATION ........................................................ PGT Ill ON ER.......................................... ADDRESS........................... ................... ................................................ CONDII IONS ............................ .................................... ........................ ....................................... ................................................................ ................................................................. ................................................................. ................................................................. PETITION APPROVED.................... ❑ DENIED......................... .................................................... 19......... O.*/. N1° OBY6--D•LL (905) = HOA3/16/7S ON6'7 76'NOISS 30Hd 31 d0 S113S/7H06'SS6'W $W-711Nd0 1S 3H1N33 OFT �--� SNI07I/79 Sd3�ANY6 - 3991MIA H�I7HONS06'M / -} /c7 /-7YI SVO ► OIA08 .Z �'1�'.�'d'1S 7b'Y3C-'�/ L✓/, MVIOM 3 bow a�aNd3J'e ,oar. O$ ,Of ,OZ ,0/ D /£Z d /Z 77N3H333H N6'7d :f3/(t!!7S 1N3!✓/7d1SNI NY SO 17/ISSY 3H1 9Z"9d /6 o/ ,vg, Sr ON6' NNOHS S6' OWOdS -WI NO 0316'007 k,66r Or= , T : 37M 33NM3336 0330 SI NO H NX0!S SNI 773#6r 341 JYHI bzdsNz �/via7rnS w37V�j7 U OL .(3I1HGO I dW fi37bS NI ONY7 30 Nd7d 107d ,00s:;,t ivr"7d sn-707 r cc x3m� 4) o " � o OOZ Z . V3 07 3711/ZZ ti 3I7s9 7ntr j[Ydd'� �A ;ClS z/,2: [r 1 .'� W d /a 15 7Nd303� • 3oN3� aro/C.t�s> •7N - �! �b�. �� �� �M • f6 PZ �Po' Zs,Z x009 Nt17o' 92' A /690/ xO08 : 93d' 0330 Cl-)ia:Aria 08S 9d OSL9 �y9 �?3w /if 7�fvd.�' O/M•L t Z-�r= -.i->l 5�� X13'//YO l / z �Z 3a'0/y,s' s . -21-:71V 9Z dbW B'OSS7SSf/ _/' /vo /£S 107 Sb'/YMOf/S S/ SS/7207 C/ �1oly .APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . CHC of '�%IVM' C�Hassaripseffs In TO THE BOARD OF APPEALS: The Undersigned representthat he is are the owners of a certain parcel of land located 107 Federal . . .Street; Zoning District.R-2. . at NO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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. Direct Appeal C�j Ln LZ n L 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 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: The owner wishes to remodel the first floor, which was formerly a variety store, for use as a single bed room apartment. This will result in three apartment units total in an R-2 zone. It is not possible for the owner to sustain this fine historic building with only the present two rental units. There are presently four ( 4) parking spaces available on the site. Code compliance requires five (5 ) spaces. The present shape and size of the lot does not allow more than four spaces. It is our opinion that the addition of a third apartment containinq a maximum of two ( 2 ) people will -not be - substantially derogating to the building or the district. Owner. . . . . . .Sun. . . . . .Cha. . . Kim. . . . . . . . . . . . . . . . . . . . . . . Address$? . North Street , Danvers: MA. Telephone. . ( 508) 774-5509 Farle Architect Petitioner. . . .Robert. . . . . D.. . . . . . . . . . Y. . . . . . . . . . . . . . 160 Sylvan Street , Danvers , MA Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. ,February 10, 1994 ( 508) 774-4039 Telephone. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By.--& .ti . . . . . . . Three conies 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. NO.................................... PETITION TO BOARD OF APPEALS LOCATION ...................................................... PE'Il1 ION ER.......................................... ADDRESS............................................... ................................................ CONDII IONS . ........................ ................I................... ............. ....................................... ................................................................ ................................................................. ................................................................. ................................................................. PETITION APPROVED.................... ❑ DENIED......................... ...................................................1 19......... f fp g '5 8 U 60 a01 �. o • 599 s p D 6,534 B4OBO 59 6.161 " ° pA4 f 391 95 5,135 s4 E 9— !P ° q 5 w ❑ s ° w S ❑ STREET °4 �C, t ^w N DOVER 505 v 0 y g v a °° p6 1,018 5034 w 6,370 ❑ 4,500 5900 k10 S9 350 o i. ❑❑ Q e. 1� �•/7L�_ P 502 m a ° 1 1913 I m 9 -;r o "� 11 15247 2• U �1AST l }(� Plfi O� " 3.a44 2 Oy1 q14, 9 V 13,71 ACh 5p\81 Pgo cn 2' 2 528 u a 513 wE o 5,� 54,412 2 v - 7560 21 a6 -1..100 u a, 23,7!2 q' 56 514 ko 6 " 4100 ��00 en 515 , 8: IA 2 3,95: 70°•9 ro°. X 546 625 543 7,811 4� 7,859 m a 24 m C-01 jl� 2 Q AN M 08 59 SB y9B0 ,eo' 3ce ?a^. �03p R' q 364 46 084 0 D 3,4 �' 83 °s 'e°_,ebt S S E X m 5/0 4 ry 2 105—S � ro Z, 487 � 484 � 4 7'F00 CD M m -a 200 100 400 100 FEET 478 13192 it BOARD OF ASSESSORS Cl TY HALL. PAGE. ., zop-a4/6- A C EM�. 11 A 3 .... .. AT,, •2 • 2 ............ "ABUTTERS 4 3 CERT1FIED ,ABUI 4 5 SUBJECT PROPERTY: MAP. 2'h LOT., 05 31.1 S1U1­'_Fg 2C1'1 6, 6 PROPERTY ADDRESS. _0107 FEDERAL-. STREF.".T­ QW(MLR, 'o 0 ......... ...... .. . .... I. .... ....... ...... 1aIf1Uiv��rta, TR 12 fA ­mm� LQ I 15UV I- -'r, 11, R 13 4 •5 12 26 TY TRUST 8 2 NORTH ST 05,_J I �21 G.1 0 10 7 FEDERAL- S T R E KIMIFEDERAL. S",7 REE I REAL. "Y ....... 17 13 cs' C15 9 ;, o BECKFORri'ST, E C. PECAS PE1 14 M MA 21 15 0 16 15-50 MARBLI-LHEA40 te(A 0.1945 21 • 17 J 22 • (3 3 2 :7111 FEDERAL STREET T*UTTL..E PAUL. M AR III FEDERAL. ST 23 18 TUTT, I C-C I T N 034 0 1 w 24 20 . . .......... zJ ....... ............. m -W 22 I�,6' e-_4 8ee e 11-4 1 f D f R A i G 4'p E E-T 1 4 R_ 6_1 11. 4pp, 113- 29 23 SALEM PIA U11?70 30 22 BECKFORD 7 REE T BURNS 1411L.L.IAM R ..!R .--,2 BECKFORD STREET 31 ..6 J3510 24 q.4 i F,M MA Q-q 2 7f3 32 ............... ......... m 33 I'0020� C I% le"._,", 26, C.tv f,- 35 26 .I..I....I..... 2a 37 C/O EASTERN BANK & TRUST CO SALEM MA 01970 3 • 2 2Z6 0600 0002 ANDOVER STREET DURKEE PATRICIA C ANDOVER STREET 3 4 ............ l............ 41 ..... . 42 26 OL, b'.,PT,:: B, �­­N ED q T92 ' I- 32 . .....I ......... %I 33 ........... ...... 34 45 • 46 35 4 36 48 I............ 37 49 50 38 ........I_51 • ........... ....... I..I. I ........ 31 52 40 53 54 •41 55 42 56 43 . 57 •44 1.... 59 .. ...... 60 46 6_1 : 2 0 47 3 48 64 85 . ........... 49 0 :6 52 69 70 •53 71 54 7, 55 ETER �M' xARnFf 74 • H 75 .I I........I �67 7 A I i I �= / t 1 i i (LI I ' IT r . lVIf- LG 200 W, I i � I poMA( e� n No, iL2 �! PFZPns2 � i I i ' .:.�-c;.- - -aar. - . •, �e.w�rw�s� � ��� -. •.;. - - - sJ6�.�Fwiidwa:+�tb�iW�.�ir.:�:d.riewtieu:�.d+�' f- ,. y[ J Li -- _ It 7=-Z �i C"r-TN ----- ---- - ------ _ 1L ,L --- _ p{ q / ! - T Ei_� l-'�T�ot�l 7 7 .1►S+ias�-'b+�r!R , i I 1 I I 1 1 \ 1 w N 1 1 I • 1 /Vv . _r 1 1 U P I I I 1 1 � r / r � i I li 1 � it Af''�HiTf W s o No. 2' T 101, a .. :..e.�' nom- ♦'»,i�_Il a.++..:.,_ .� .. ...aA�u� a:=. a:.J..e,...air.• . ...�,s..:.+yisa:b.��.-r< _ lily V '�111��I fl i 1 t I t I t � _ I I i i I I I - K1 T � ; � �. ! '✓ I r-+ G, 200 M � . i ii i ! 1 n � a FIFZ`_.. 1 � i_OO2 �LA�1 7W-- PI' . 1 i i ❑ l t r . P I I i MASS. y l � % . .. _. _ ,u .y., ¢aka_'1r•JaYrF -iiya"pwia r.*«W44A . ,If ,.. �... .� '- ' .' i ;•.;' F ."y , ..>.. /VOTE LOCUS 15 SNOW.VRS LOT 63/ ON t4-f5ES50R MAP 26 N d E/L S. 514oRE Z) ZOAI,-"6 01STRCC7— xe-2 (TwO FAtiri[Y� 'f r REC B1,r, 6750 PG. S80 (14/5roR/C4L D/STQ/CT) ' DEED REF. BOOK /089/, PG. 26 PLAN REF: BOOK 2/32 , PG• 23/ I sir �Fo `C • 30 �Q�O P� �q •a (�b( \ NL. CSET)l WO. FENCE G� BRtOGE �� ab Ae /07 FEDERAL ST. (C I � \ PgC/L M. �` LESLIE h Z�2 S7-),- FRAME 3 / �b Tum E O (}� FOOT PR/NTr /220rs F) f �} W2 (6�-. //3¢6, PG. 278,) r'rJ L ST. D (V 4 FEOERg L AREA j ,� c 2.200 locus_ °a y< BOLT(SET) LOCUS PLAN !'=500' BQ/CK SiDEWA[K F�' OE.PAL STREET PLOT PLAN OF LAND IN SALEM, MA I CERTIFY TO rvE Sacra ec114DIA16 rN5PrR. PEED REFERENCE SCALE : 1 ' =10 ' FE8 /4 1994 THAT 777E Oh'ELLIN6 SH01✓N HEREON IS R',-c, .6/', /089/, 06 26 LOCATED ON THE GROUND AS SWitiV AND IS PLAN REFERENCE.' 771E RESUL T OF AN INSTRUMENT SURVEY, o io zo 30' 40' REC. BK. 2132 PG. 2,31 t"Of Nq�' ' PREPAQED FOR 0 MICHAEL �� f</M 1 FEDE2At 5rpzTrAo r o eovio 90 �� , COASTAL SURVEY i t4 Fs5'O P i MADSMORTH VILLAGE — DANYERS BUILDING 130 CENTRE Sr. DANYERS, MASSACHUSETTS DATE PROFESSIONAL LAND SURVEYOR (509) 774-9450 J"N 140 /VOTE LOCUS /S .511owA/45 GOT S3/ CA/ 4s5ESSO.e MaP 26 1 I J NE/G S SL/O,eE 2� ZOA//"G OiSTRICT =.P-Z �TwO FAMC yI RGc BK. 6750, 06. 6'80 (14/5TORIC41- O/STR/CT) �L s� DEED REF : BOOK /089/, P6. 26 PLAN REF: BOOK 21321 ,06 23 13> �0 4Q O G� {�Ix T NL 4rSBr)l4w4 FENCE G BRtOGE V /07 FEDERAL ST Jr. � � l Pq�/L M. � LESLIE h eke STY. IND. FRAME b TUTrLE O wvv FOOT PR/Nrs /220-r Tt ) W ('B,r. //3¢6, P6. 298J'� fV v � FEOERgG ST. D L DYE 4REA Z200 'S.F. 0 Fsssx .sr- LOCUS PLAN 1'"500, B,p/Ck SIDEWALK FEoE.P.4L STREET PLOT PLAN OF LAND IN SALEM, MA I CERTIFY TO r_frE sRLEia_au�i-D/a& rasarR. DEED REFERENCE SCALE : I ' =10 ' FEB /4 1994 THAT THE Ob'ELLIN6 SHObN HEREON IS !?Ec. BK /089/, PG.26 LOCATED ON TME' 6ROUN0 AS SHOW AND IS PLAN REFERENCE.' TME RESUL T OF AN INSTRUMENT SURYEY. o /0 20 30 40 6Ec. BK. 2/32 06. 23/ w'tNa°+.�, ' PREPgQED FOR =3 MICHAEL N Aelm 1,4"EOE2,4L Sr,PEEr/P. r f 0 Bolo COASTAL SURVEY \ „NO.saeos l✓ADSMORTH VILLAGE - DANVERS BUILDING 130 CENTRE Sr. DANYERS, MASSACHUSETTS DATE PROFESSIONAL LAND SURVEYOR (508) 774-9450 J'N 140 - EL l _ RM I I N (DR ,TLLLVAI ON 1 ------------- IQ 1 _ 1 jl T � In _ F - , - L Z L Al �- I _ hLL I � fJI� I II A L_- BCNi�f P7=1 A I 1 b . r INA 0 IN W t I l i i - I ---- I I � I I l--C>01 M f.-� \S`EtiCO ARC6/ � d , T h F� FZS-i-' �l-.a02 PLAN j . . . ., .. ♦ `,: ill � ISI II� .. a. i, .. . .1 ... 1 N�T� i, _ _ -... _ . y1 l OF j II I � I I1 i O i = .REDARCH ?4r�` �ONAC,� fCj WP4 � i" a NO. 2021 1 i n S�TUN / S MA5,1 i O . EXi _r i FT Mill I FE71 Loi I ;1 -- ND E AT1C_ ji I L ILI- t` 0 AN �. Cq 1� m �n DO. T"..N � C J 000, VI