The URL can be used to link to this page

107 FEDERAL STREET - ZBA (6) Fede �c�1 201(0 Spec:\o- m', i Zoning Board Proiect Status Sheet Address & Applicant: Date Submitted to BOA: ?g-�o ►(n V"Clerk Stamp: a Variances Only - Constructive Approval Date: (100 days rrom rbn;) Abutters List Requested: D✓ Abutters Notice Sent: e W Notice to Abutting Cities & Towns, Councillors: c�j Legal Notice posted at City / p Hall: 14 days before meeting) g) Legal Notice Emailed & Confirmed: Legal Notice Posted on Web: Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: Continued Meetings:-.kl,s/,� Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: -7 2- Decision:Decision: Gran-E-�d Decision Filed: S 3 G Appeal Period Over: $ i after decision filed) 21"d11y ML Decision Sent to Applicant: r� Notice of Decision Sent to abutters,-'cities towns, councillors: ZBA ACTION FORM Date: Or \5 2.c l fp Rebecca Curran Chair Mike Du Petitioner: Tom Watkins Peter Co elas Address: Jimm Tsitsinos Jim Hacker(Alt.) L Paul Viccica(Alt.) Conditions: Total: ❑Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. ❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. ❑ All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. ElPetitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. ❑A Certificate of Occupancy is to be obtained. ❑A Certificate of Inspection is to be obtained. ❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. ❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an extent of more than fifty percent(50%)of its floor area or more than fifty percent(501/o)of its replacement cost at the time of destruction.If the structure is demolished by any means to an extent of more than fifty percent(501/o)of its replacement cost or more than fifty percent (50%)of its floor area at the time of destruction,it shall not be reconstructed except in conformity with the provisions of the Ordinance. EJ ZBA ACTION FORM -ASPV�i.. .. .. Date: Rebecca Curran (Chair) Mike Du - Petitioner: Tom Watkins - 9 TOS Peter Co elas - Address: 1002- �h-r4lsf, Jimm Tsitsinos Jim Hacker(Alt.) - Paul Viccica(Alt.) - I X Conditions: Total: q- o Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Petitioner shall obtain a building permit prior to beginning any construction. Exterior finishes of the new construction shall be in harmony with the existing structure. A Certificate of Occupancy is to be obtained. A Certificate of Inspection is to be obtained. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall displa"y said number so as to be visible from the street. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. 13 Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an extent of more than fifty percent(50%)of its floor area or more than fifty percent(50%)of its replacement cost at the time of destruction.If the structure is demolished by any means to an extent of more than fifty percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. l[7 -" NO-( El ) 00G 3AA I ��,C011IDIT,�Q CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL �cUnNP� 120 WASHINGTON STREET♦ SALEM,MASSACI E �19' 3 A KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR C17Y August 3, 2016 Decision City of Salem Board of Appeals A public hearing for all persons interested in the petition of RICHARD JAGOLTA, seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance, to allow a change from one non-conforming use to another non-conforming use at 107 FEDERAL STREET (Map 26 Lot 531)(R-2 Zoning District). A public hearing on the above Petition was opened on June 15, 2016 pursuant to M.G.L Ch. 40A, g 11. The hearing continued to July 20, 2016 and closed on that date with the following Salem Board of Appeals members present: Rebecca Conan (Chair),Peter A. Copelas,Jimmy Tsitsmos,Paul Viccica (alternate). The petitioner is seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses to allow a change from one non-conforming use to another non-conforming use. Statements of fact: 1. In the petition date-stamped May 20, 2016, the Petitioner requested a Special Permit per Sec. 3.3.2 Nonconforming Uses to allow a change from one non-conforming use of a commercial business to a non-conforming residential use. 2. Mr.Jagolta, owner of the fust floor unit and petitioner,presented the petition. 3. The three (3) story building, built around 1880, is an existing nonconforming structure located in an R-2 Zoning District. 4. The building is divided into three (3) condominium units that include two (2) residences and one (1) first floor commercial space. 5. In 2014, a Special Permit was granted by the Board of Appeals to allow a real estate consulting office at the property. The Special Permit of 2014 was appealed by abutters and an Agreement for Judgement was executed by the City in the Superior Court action, Arlander v. Sinclair, CA No. 2014- 1030B. 6. In 2006, a Special Permit was issued by the Board of Appeals to allow a graphic design and art gallery at the property. 7. At the June 15, 2016 public hearing, the Board requested an opinion of the City Solicitor to determine whether a Special Permit per Sec. 3.3.2 Nonconforming Uses was the correct form of relief requited for the request. Further, the Board also requested an opinion on whether a previously issued Special Permit was valid. 8. On July 20, 2016, the Board discussed the legal opinion of the City Solicitor. City of Salem Board of Appeals August 3,2016 Project: 107 Federal Street Page 2 of 3 9. The memorandum to the Board dated July 14, 2016 provided by Jill Mann of Mann & Mann P.C. concluded the following findings: 1) The Special Permit of 2006 did not lapse as a result of the discontinuation of the permitted business for a period in excess of two years; 2) The Special Permit and the conditions set forth continue to be valid, however at the closure of the business, a Special Condition was triggered that required that any future occupant return to the Board of Appeals to request a new Special Permit for any future use of the property; 3) The current petitioner, Mr.Jagolta, needed to request a special permit under Sec. 9.4 of the Zoning Ordinance of the City of Salem in accordance with Special Condition #7 of the 2006 Special Permit to convert the first floor unit to a residential dwelling unit. 10. On July 18, 2016, the petitioner requested a minor modification to the application to request relief a Special Permit under Sec. 9.4 of the Ordinance in accordance with condition #7 of the 2006 Special Permit and not a under Sec. 3.3.3 Nonconforming Uses as requested in the petition form. 11. The petitioner is proposing to convert the fust floor commercial unit into a residential unit. 12. The petitioner is proposing to restore the existing building exterior including the replacement of the aluminum framed plate glass door with one to closely match the other existing front entry door, removal of a large air conditioning unit above the front door entry, removal of plywood covering a former entry door on Beckford Street and installing windows, and removing plywood on a rear window and restoring the window, among other restoration measures. 13. The unit has three (3) existing parking spaces, two (2) tandem spaces in the Federal Street driveway and one (1) space behind the building with access on Beckford Street. 14. At the public hearing eight (8) members of the public spoke in favor of and six (6) spoke in opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, makes the following findings: The Board finds any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood as a residential dwelling unit and the use is consistent with the existing building and neighborhood. 1. Social, economic and community needs are served by this proposal 2. There will be less impact on the neighborhood regarding traffic flow and safety as the proposal will convert the first floor unit from a commercial space to a residential unit. 3. The utilities and other public services are adequate. 4. The proposal fits with the neighborhood character as the petitioner is proposing to rehabilitate the exterior first floor unit to be more in keeping with the historic character of the building and the proposed residential unit is consistent with the existing uses in the building and neighborhood. 5. There are no changes to impacts on the natural environment. 6. The potential economic and fiscal impact,including impact on City services, tax base and employment will be positive. + City of Salem Board of Appeals August 3,2016 Project: 107 Federal Street Page 3 of 3 On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Rebecca Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate) in favor and none (0) opposed, to allow the petitioner to convert the first floor unit to a residential dwelling unit subject to the following terms, conditions and safeguards: Standard: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Condition: 1. Any person who proposes a change of use to occupy this space is required to apply for a new Special Permit per Section 9.4 of the Salem Zoning Ordinance. of Rebecca Curran, Chair Board-of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this decilszon, if any, .shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and.shall be filed unthin 20 days of fling of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a ropy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of DeedF. f Dear Ms. Schaeffer. I have an application pending for a Special Permit to convert 107 Federal St., Salem from commercial to residential use. Kindly modify my application for relief to request a special permit under §9.4 of the Ordinance in accordance with Condition#7 of the 2006 Decision and not under §3.33 of the Ordinance. as previously requested. Thank you. 'Ecrivr-7r) Sincerely, &•I - Richard Jagolta JUL 18 2016 41 Chestnut Street DEPT. OF PLANNING & Salem, MA 01970 COMMUNITY DEVELOPMENT 978-590-5000 Sk" ........... RAW CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS '�...\ PE ON FORM CITY OF S4LEM,MASFACHUSETTS E C E 0 V E bpi BOARD OF APPEALS I 120 WASHINGTON STREET,3;v FLOOR MAY 20 2016 S4LEM,MAMACHUSETTS01970 Thornm a. Pierre, Director of I nspectlonel Services' (;qo m u "9F P LA N N I N G & ' Phone 978619-5641/ Fac 978740-9846 C©7v1MUNLPY DEVELOPMENT Kri,mERLEY DiuscoLL Erin Schedfer,8aff Plainer _ MAYOR Phone 978619-5685/ Fac 9787440404 Y,r;; No TO THE BOARD OF APPEALS s The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: - xA p IV j Address: �a ��"' '_ V Zoning District: a An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: I am propos ng to construct a 10' x 10' one story addition to rry home located at 3%Iem Lane i n the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet) V-CY' c0�" D� K t^Oti� Com- r /�� : -S e_ '41P q, n �eSS Vc0 c- C a c To r vim.k.� us:P T1 n Ce V"%..1ntiK V C—s ` C.o 0.a vx. z�n c For this reason I am requesting: ( )Variance(s)from provisions of Section of the Zoning Ordinance, specifically from (i.e. minimum depth of rear yard). What is allowed is (fi?sgfi?stories? %?), and what I am proposing is (ft?sq ft?stories?%?). �1 Special Permit unwder Section ?, �3 off the Zoning Ordinance in order to 'C a K V-e 0. r • C,0 Vv\V�_r WL Co �c� C1t� 0. i�'esc Xe o -a O Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use.A4' \ Are Lot Dimensions Included?( )Yes ( )No Why? (Erampte:TWoR iy Ho L'd YEjc dC¢ c l Co The Undersigned hereby petitions the Board otAppeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. Cm OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: O For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;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. O For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character; and f) Potential fiscal impact,including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. _ I If different from petitioner: PetitionergCc.`s s Z2!:; ti 4-, Property Owner: Address: t'T ( C�s��{" Address: Telephone: `� — �4a �voT� Telephone: Email: i a. a %k-Gail: Signature: Signature: J / (Aaached consent letter is also acceptable) Date: Date: If dfferent from petitioner: Representative: A ,TRETE Address: ATTEST Telephone: Signature: Date: r CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk f Statement of Grounds - 107 Federal Street, Unit 1, Petition for Special Permit 107 Federal Street has been a mixed use building since its construction in 1880. The first floor was originally John Chandler's grocery store, while the second and third floors were residential. The 1964 R. L. Polk City of Salem Directory listed the building as containing three units, two residential and one commercial. It was thus grandfathered as a three unit building at the time the Salem zoning ordinance making this part of Federal Street an R-2 district was implemented in 1965. Unit one has been used for a variety of commercial uses in recent years, including a grocery store, flower shop, art gallery/graphic design studio, and a real estate consulting office. It is believed to be the only commercially zoned property in the McIntire District Federal Street area, and as such is out of step with the rest of the neighborhood. Neighbors have objected to the commercial use of the property in recent years, even going so far as to file a lawsuit seeking to overturn the ZBA's decision to allow a real estate consulting office to occupy the property. Conversion of the property to a residential use is much more in keeping with the rest of the neighborhood, and will eliminate once and for all the possibility of a controversial commercial use of it. The residential use of the property will be less detrimental to the neighborhood. Since the unit has been vacant for significant periods of time in recent years, the previous owners were unable to pay their condo fees, causing the entire building to fall into disrepair. The applicant has paid all of those past due condo fees, totalling $5,200, to the condo association so that repairs can be made to the building exterior. The applicant, as part of this plan, also intends to make improvements to the building exterior that have received the strong support of the Historical Commision. This includes the replacement of the aluminum framed plate glass door on the front of the building with one more closely matching the other front entry door, removal of a large air conditioning unit above the doorway, removal of plywood covering a former entry door on the Beckford St. side and installation of french windows there, opening of a window on the rear of the building that had been covered over with plywood, and replacement of a 1950's jalousie window with a one more in keeping with the rest of the building. The unit has three parking spaces, two tandem spaces in the Federal St. driveway and one behind the building on the Beckford St. side. j. ZFU HAI HIT- c \ N SOT' \ \= s um,1 uN. IT \.`5,. INnxa xwN ��r _ rcmm rSl— IIH.. STSTm>Fn. w NNN \ WT1 \\ J 13NtilNEN!LLI Vfl ItW..9J.9' I I'll,I I NIT IT,l 1I W 11/,, \\\ -_I/// - "'I'll 41dM J.LIv.'N I'I.11 Ll VAIIHTS 1111,wpyYtYIK qe+.PIAUeu � ;«w.N'•':r - FLOOR PLANS r .NN S"HIT N w,Nw1. n.n wrn. w 107_FEDERAL STR.EET CONDOMINIUM Wl lw Ip�nwls P 5i'I.- r> d ruflNwr scut. SALEM, MA _ cY.c '-a oclrncx it.lace ,TIA �`,`J 1.+ AS.11 • `.l.SHISHISHOWS Of INSTI ,y l 4Nww alae ewM.v 1m1 IS S wY1"� SAi— mmrtnm I HT,SvtN..uo wx.lnw ,,,.;w re. Y9,5[ Oc- ro �M.JY�F/LE% Irl. Gl —illf A I / n , FEDERAL u+ -.,w.:,,:.on:l STREETxs.. . ..°Y sXOwuw lima sY°=w`.a —1V n PLAN OF LAND rwYi fllb ux0.l RAHb�/; atl'wwiu n®AAs warty ix SALEM a.YN,uc.luMG:ei_ oyne mus..o:�w.,:we w„r aeoemn w weuz. r rw N1,f5'(ipppG.fyylr4A'1 w GRAPHIC 9CAIR 107 FEDERAL STREET CONDOMINIUM M S,MaI lr. ,:c /"�`® ~ - xdtlx 9IOREr ccN'Mlnax k� � LAOhI,,I;•'.x,11 � I� � :w ,. rn.Ta. Iyrxr.Y+ m6�o�rc� x:,aw, 1 n.v �s W ° COW- zRA w ` 24€3 ea 1 � � ��FOR AN,Y7HINCs �lil,' • PLU BItVG, • CIGUT KI, • UPF' ES F.YS��w'3E5 - A gE, rill 6f +r 2 r �R r ' 1;#5 /nSU/AnC0 FEDERAL ST- CONTD" " '402 STEVENS LILLIAN A MRS LE '� ), + '.f. AM 45 HENAIRE DOROTHY S 745-0831 744=4148 m q B]•i ANKETE LL ETHEL L MRS 746-4590 VACANT TOWLE LLOYD + x.97-201 WASE FO/n18 DODGE ANNIE L 745-3386 103 PITMAN,LESTER E • 744-0468 CORMIER YVONNE M MRS 744-8329 104 ODELL EDNA G MRS • 744-249901 --- VACANT 705 DONNELL EVA P 744-4282 47 THERIAULT I BLANCHE 745-3819 J CONNOLLY EON `J 744-1062 HOOD DOROTHY -4106 NEGRI CLAUDE G r FEDERAL ST -CONTD 49 G0.EENE JOHN F FUNERAL HOME RIZZOTTI STEPHENO 744-1329 744-0828 " 151 LUNDGREN MAURIC 55 HOYT MARJORY 745-1033 ---ANDOVERD INTERSECTS' 152 SAINT JAMES ROP °SSSS• ••• �•••• GIRARDROSE M ---ANDOVER BEGINS :.. CHURCH Sti FIRST BAPTIST CHURCH PASTOR 107 FEDERAL VARIETY STORE 153 NICHOLS ROGER i 744-3780 745-0865 MORRISON,KENDALL 155 DONOVAN J HELE! THE 57 ROGERS ALICE B 744-0484 WOODS LOUIS J • 157 CONNELLY CLEMEP MAREANS 58 FLYNN ISABELLE V MRS 745-1486 159 AACANT ON HAR 01 108 KAHN ERIC X 745-3191 SYMONOS M4DELINE 765-4954 VACANT LARKIN MARY A 110 NICHOLL REGINA M NURSE z VACANT 160 SAINT JAMES 94i _ VACANT 744-9845 744-3615 MC HUGH CATH M0.5 I 161 SAINT JAMES RE( VACANT JOHNSONMARY M 744-8901 O•LEARY TIMOTHI ONE STOP LAKE JOSEPH E 745-3479 Y. SERVICE VACANT 111 HANLEY JOSEPH G • 744-1784 162 SAINT JAMES COI 59 WILLIAMS THOS J .REV 74'4-0978KRAJESKI RAYMOND ) 744-4777 }� OF NOTRE DAME' REAL 60 TREMBLAY ALBERT H 744-7370 112 MC KEEVER NMSISTERS OF NOT$ 62 ESTATE CUOZZO JOSEPH Y 113 OAILEY LAURENCE T • 745-2636 164 MUNROE MILDRED _ PHIPPEN MINNIE 744-9729 114 FOLEY DANL J WRITER.744-6442 745-0717 63 TIVNAN APARTMENTS GRIFFIN MARY E INSURANCE LYNCH FRANK.J 744-9225 , 165 FREEMAN FREDK I I YARLIN"AGNES L MRS • 115 UPTON KATN A MRS-DRSMKR 744-6192744-1115 - RIFFIK4 PABL C 2 HAMILTON FLORENCE 745-2555 116 PAVIN.GERARD A 744-8630 --GRIFFIN PL BEG 11 48 . 3 KING CARMEL M MRS 744-1633 ygOpNT 166 GE0.AGHTY TIMOTi ATlindc Ave., 4 RYAN MARY E MRS 744-9371 0•CONNOR M URSULA MRS FORNARI AMEOO . 5 VOLMER STEPHANIE 0 MRS 744-2835 167 NEVILLE HELEN Marblehead - .744-000NT LINEHAN.CHARLES H JR 745-2204 744-0246. SLLEET'C ROGER ED. 169 LANE ROBT C,• TEL 65 CUELLETTE ,ROGER J 744-6127 117 HEAGNEY HELEN•MRS 0_744-6843 119 NOLAN M40.GT. V 744-0971 a -; 170 LONNE RS,JOHN V ■ VACANT 120 ANNA E MRS' 120 BAILEY JAMES A • 745-2385 ?}' 171 SHERIDAN-PHILI ° 831,48U7. VACANT REAR BLACKINGTON RONALD 172 YWALSH UEFE JOHNeL 66 CURTIS MILDRED V 744-4973 121 CURWEN JAMES.q-• 744-9419 173 DESJARDINS ALP - ---NORTH INTERSECETS KERR CLINTON F 744-8760 ' ? ---NORTH H TERSECSQUARE - 122 EASTMAN ROGER K • 744-0829 �,r O•KEEFE EDW.F 76 WINER ROSE MRS • 744-2921 - ---LYNN BEGINS, SAVORY ALBERT 123 BROWNE FLORENCE M MRS • DA174 CONNELLY .JOHN 76} ROY ROOT DA 4- H 7A4-2921 - 740610 }- 175 FAHEY MARGT R 78 PROPER DAVID R 124 GOODMAN MELVIN PHYS • CROWLEY JOHN J ( 74f-2114 CROWLEY MARY E t 80 PIERCE-NICHOLS HOUSE MUSEUM - 176 LITTLE TERE SA fI BURNS HENRY'T 745-3136 ---MONROE ENDS - x �1 82 DOYLE MARY M 744-7190 126 CANERON.ROBT F • 745-3595 177 LASKAR IS JOHN.STAFFORD .JOHN. FOURNIER FRANCIS E • 744-1403 12611,HAYES.MARY R MRS 744-7863 �, s " yJ! B3 MURPHY FUNERAL HOME 744-0497 FOX-NANCY F 744-5797 K 178 ROBSON CHARIOT r 84 MC TIERNAN CHARLES J 744-2454 CANERON HELEN M MRS, '" 179 HOGAN THOS A 7 °•','4' 85 VACANT ; £ 128 TOLMAN JESSIE S MRS-744-0663 PELLETIER ROBT IL 86 DROLET HENRY E • 744-0668 GIFFORD LOUISE B MRS 744-0650 180 DOYLE AMBROSE O KELLEY ANNA M MRS'745-1148 -LOWERY-NANCY D 744-0430 CRAIG BLANCHE c qq 07 JAMIESON SYDNEY G'• 745-2642 128A GODDARD RUTH D { # 180A DOYLE .JOHN J •6 W 130 DODGE WALTER F 745-1087 181 WESTON 'HAROLD F 4c BRADLEREBECCA L 744-5650" _ � O � BRADLEY MARY- E MRS 745-2642 3 PEABOOY J FRED VACANT m O 88 BRACKETT CHARLES.M •-744-8948 STETSON .DOROTHY MRS 744-3988 182 DUPUIS JOSEPHI 8 - - GREGWAREINATHALIE 745-06KING LUCY P MR O $1 01 STEELING KATH L 745-0790� I - 888 86 GELIN ROY • 744-4452 ^-CARPENTER BEGINS v 183 W 4O -10 89 BEVINS ALICE -L 110.5 ! 744-0950 31 BACALL MARY P MRS ARNOLD CHESTER m L35 CONNOLCY 0.ICHD F PHYS- 4 REAR GEORGE.RALPH VACANT 'C' 7 744-6872 1831 VACANT" ---FEDERAL CT BEGINS 136 HENLEY NURSING HOME INC Q 105 NALESNIK THERE O m 90 GELIN A SPENCER 0 ,745-4383 .. 744-2293 a 186 NALESNIK WAL TE •. L87 MALES N IK NALTE 1 O & 91 ADAMS KATHLEEN�R 744-69.34 138 SMITH LILUE C MRS • 744-0098 92 FEDERAL APARTMENTS 139 PRESCOTT THADDEUS L • t i 188 VACANT C TREMBL0,JEAN JR 745-4716 - VACANT I .i-4, 'SAWYER HELENA V MRS 744-2195 , 140 PARROT MARY C MRS 746-4916,• - 191 CONNOLLY APART OOO V41 HODSDON HAROLD E • T44-2887 , 191 APARTMENTS m ]. SIMMONSSIM MONS 'LOLTfE MRS 744-6324 1 GONET,.BOLISH • ='-C�'�'� REG AN ANNA_MRS 745 0285 142 COOK-OLIVER HOUSE CLIFFORD TIMOTHY f • 745=1576 - 2 O•.DONNELL'MA = O W W RAMSDELL ELSIE NURSE"745-2068 3 WOITUNSKI VI TRASK WALTER' F 744 4022 743 MURPHY NM J G • T45451-4 a = • MURPHY MARGT M 745 4897 OEERY GRACE - i 4 KIERNAN JOSE 745 MC INNIS'HA0.RY C 745-2676 5 NEANEY AARRI • , I `e1op 94 HENRY C MRS 744=3487 • FLYNN THERESA MRS 6 MENIATES CEC O _ ` Z MC EACHERN JOSEPH F'745-349 REDDEN CARL'S 745-'i286 745-2819 N ss 95 CADEGAN NURSING HOME INC NOYES 0.ICHD M 744-L465 STREET LONTIN ->° 146 HENRY THOS F JR • 7t4-6033 192 KILEY .ANNIE M W , 744-0070 01HARA CATH M - - 96 VACANTBROWN NELSON R - - •� 97 CADEGAN NURSING HOME --FLINT INTERSECTS. $ 193 CONANT APARTME 149 GAUTNIER G SONS MOVING VAN s 193 APARTMENTS +98 PIERCE EDNA`M'MRS 1 PELLETIER CE • 100 CREAN CORNELIUS A 745-3509 744-7463 S MC MAHON RITA M 4 GAUTNIER ESTHER T MRS 754-1751 744-5303 196 IL r.f t ; " i 4i t �v1 :r�c;�. �F,Hr�, `k. �a+'a! :.,1. "5��:.��„ �a��,w•vG. �1 N ��r r � � x �rE:F, of � � •+ ,. "--*-- .��." r t � ' ' �- c - a I:.i t -41 ri elbi�`1�� R g��v 9��+.ey� � � ' rib �• m.14a2"as+tt+- �4" � _ I r 22 S � t'• f 4:. � � Xd��'.r�_19.�P�i�1 a:31 R .kd f 3` MGmail Richard Jagolta <richjagolta@gmail.com> What I sent to HC... Cindy Johnson <cynthia.m.johnson@gmail.com> Tue, Apr 19, 2016 at 10:19 AM To: dchjagolta@gmail.com Dear Ms. Kelleher, I am writing the historical commission to support the renovations planned at 107 Federal Street by Richard Jagolta. Since 1800, the first floor of 107 Federal Street has been used as a grocery store, plant store, web design office, and landscaping office. However, it has been left vacant for quite some time with very little interest from commercial buyers. I am pleased that Mr. Jagolta sees the potential of this building and will bring it back to life through historically appropriate renovations. Rich has been proactive by reaching out to me regarding this property and answering all my questions. 1, for one, would like this property restored and occupied. I believe Mr. Jagolta can help get this empty former storefront back on track and give it a new life. I'm pretty tired of looking past those beautiful windows and seeing nothing inside of them. Please support his request for a certificate of appropriateness. Sincerely, Cynthia Johnson 13 River Street Salem, MA 01970 508-527-1219 Cynthia Johnson 508/527-1219 (mobile) www.festivus5k.com www.linkedin.com/pub/3/127/2bO MGmail Richard Jagolta <richjagolta@gmail.com> Fwd: 107 Federal Street 1 message Cindy Johnson <cynthia.m.johnson@gmail.com> Wed, Apr 20, 2016 at 12:43 PM To: Richard Jagolta <richjagolta@gmail.com> Forwarded message From: Christopher Sallah <csallah@hotmail.com> Date: Wednesday, April 20, 2016 Subject: 107 Federal Street To: Cindy Johnson <cynthia.m.johnson@gmail.com> Dear Ms. Kelleher, I am writing the historical commission to support the renovations planned at 107 Federal Street by Richard Jagolta. I am a direct a butter who looks upon this empty storefront every day multiple times. I am at 22 Beckford St. Which is the large cream house with black shutters on the South eastern comer of Federal and Beckford. Since 1800, the first floor of 107 Federal Street had been used as a grocery store, plant store, web design office, and landscaping office. However, it has been left vacant for quite some time with very little interest from commercial buyers. I am pleased that Mr. Jagolta sees the potential of this building and will bring it back to life through historically appropriate renovations. I, for one, would like this property restored and occupied. I would like Mr. Jagolta to give 107 Federal Street a new life. Please support his request for a certificate of appropriateness. Sincerely, Christopher Sallah 22 Beckford St. Salem MA 01970 617.840.1691 Cynthia Johnson 508/527-1219 (mobile) www.festivus5k.com www.linkedin.com/pub/3/127/2bO MGmail Richard Jagolta <richjagolta@gmail.com> 107 Federal Street 20 messages Richard Jagolta <richjagolta@gmail.com> Sat, Apr 16, 2016 at 12:04 PM To: "rich jagolta@gmail com" <dchjagolta@gmail.com> Bcc: Adam Swift <adam.swift@patch.com>, Alaina Martinez <alaina.halada@hotmail.com>, Alexa Ogno <ADOgno@alum.mit.edu>, Alison Schmidt <alisonhaydenschmidt@gmail.com>, Amy Moran <amy.moran@gmail.com>, Ana Cohen <bunadiminata@yahoo.com>, Ann Whittier<ann.whittier@gmail.com>, Anne Hansen <anne.paikea@gmail.com>, april kabbash <akabbash@yahoo.com>, Arlene OShea <arosheal@verizon.net>, Barb Taylor<btaylor00@hotmail.com>, "Barbara A. Mann" <bmann@mitre.org>, Barbara Cleary <barbaracleary@me.com>, Barbara Mclaughlin <barbaramclaughlin3@icloud.com>, Barbara McSwiggin <bmcswiggin@aol.com>, Barbara Newman <bnewm@verizon.net>, Barbara Taylor<bat8216@gmail.com>, Beth Chase <elizabeth.schock@gmail.com>, Betsy Bums <BetsyB222@verizon.net>, Betsy Dickson <brentond@aol.com>, Bill Larson <izzerbean@comcast.net>, Bob & Dawn Stewart <bobdawnl@gmail.com>, Bob Kendall <rejakendall@comcast.net>, Bob Ouellette <bobouellette@comcast.net>, Brenda Schutz <shmeel@comcast.net>, Carol Carr<carolcarr@gmail.com>, Caroline Cox <carolinesvcox@gmail.com>, "Charles L. Newhall" <CLNewhall@gmail.com>, Cherie Anzalone <cherie.anzalone1@sky.com>, Cheryl Callahan <Cheryl33_52@hotmail.com>, Chip Van Dyke <chipvd@gmail.com>, Christina Ssekandi <cssekandi@yahoo.com>, Christine Sullivan <christine7935@gmail.com>, Christopher Sallah <csallah@hotmail.com>, Chuck Haine <chaine@hainews.com>, Chuck von Bruns <cvonbr@gmail.com>, Claudia Paraschiv <ccparaschiv@gmail.com>, "colebankw ." <Colebankw@comcast.net>, Colin Maclay <maclay@gmail.com>, Connie Ariander <patchwerk7@gmail.com>, Cora Pilcher<corapilcher@gmail.com>, Cynthia Griffin <caflg@aol.com>, Dan Fulton <dan@aztechgroup.com>, Dan Fury <Dminkle@gmail.com>, Dan Madigan <dmadigan77@gmail.com>, Darieen Melis <Darleen.melis@verizon.net>, David Ashton <davidashton@usa.com>, David Guarino <dguarino@melwoodglobal.com>, David Hart <davidatsalem@comcast.net>, David Trainor<Trainor@oene.com>, Deana Martel <dmpenney@gmail.com>, Deej Twombly <DJTwombly09@gmail.com>, Dominic Mondi <dom@minit- print.com>, Don Lowe <don.lowe.iii@gmail.com>, Donna Bimbo <DPASBB@aol.com>, Elizabeth Phelan <ephelan@msn.com>, "Ephrum-Edele Asburry III Schwartz-Laubhann ('Schwartz')" <schwartztini@aol.com>, Eric and Marie Olson <eric.a.olson@comcast.net>, Fred and Linda Lipton <liptonfam@comcast.net>, "Fred C. Biebesheimer" <fcb@precisionit.net>, FSNA Email <federal streetsalem@gmail.com>, G Brickley <cpoppe5930@aol.com>, Gina Maniscalco <gina.maniscalco@gmail.com>, Gray Architects <grayarchitects@msn.com>, Griffin Duffy <gdduffyl2@gmail.com>, Harry Rocheville <hrocheville@salempd.net>, Heather Famico <heatherfamico@gmail.com>, Heidi Guarino <heidi.guarino@gmail.com>, Ian Cox <ianjcox@gmail.com>, Ilene Cohen <ijcohenl0@gmail.com>, Jacquie Washburn <jacqueline.washbum@ey.com>, Jan Eschauzier<janpeter@aol.com>, Jan N Eschauzier<janeschauzier@gmail.com>, Jane & Jean Ariander <barqueemerald@gmail.com>, Jane Stauffer<jcsrks@verizon.net>, Jean Harrison <jeanharrison@verizon.net>, Jeff Bellin <jmbellin@comcast.net>, Jeff Brandt <jbrandt@tresolutions.com>, Jeffrey Nicholas <darkstar01970@yahoo.com>, Jennie Emery <emery79@googlemail.com>, Jennifer Firth <jenniferfirth@verizon.net>, Jennifer Lucht <jennbird13@gmail.com>, Jere Jennings <jjjennings2@comcast.net>, Jeremy & Jessica Ross <jeremy_ross@msn.com>, Jim Gwin <jimgwin@earthlink.net>, Jim Kearney <jldkeamey@gmail.com>, Jim McAllister<culturecomer@gmail.com>, Joan Sweeney <sweeney.jm@verizon.net>, Joanne McCrea <jfitzmc429@gmail.com>, Jocelyn Levin <jelpepper@hotmail.com>, Joe Rogers <joetogo2l@gmail.com>, John Beades <JBEADES4@hotmail.com>, John Chase <john.phillip.chase@gmail.com>, John Neely <john.h.neely@gmail.com>, John Wathne <jwathne@structures-north.com>, Joyce Wallace <joyken@earthlink.net>, JP Lenney <esl754jp@cox.net>, Judy Beavers <beavers.judy@yahoo.com>, Julie Bums <julie.bums55@gmail.com>, Justin Whittier<ssselmer@gmail.com>, Kaitlin Rockett <krockett91@gmail.com>, Kara Fuller<kjadefuller@gmail.com>, Karen Pelletier<kdpellet@gmail.com>, Kariene Pierce <karienemp@gmail.com>, Kate Casiglia <kcasiglia@yahoo.com>, Kathleen Labonte <KathleenLabonte@comcast.net>, Kathleen Riley <kriley@cellsignal.com>, Katrina Fulton <kwfulton@gmail.com>, Katy Bratun <kbratun@yahoo.com>, Kelly Cronin <Kelly.s.cronin@gmail.com>, Kevin Hankens <email@kevinhankens.com>, Kevin Levesque <klevesque@berklee.edu>, Krystal L Pomerville <klpomery@us.ibm.com>, Krystal Pomerville <klpomerville@gmail.com>, Lajla LeBlanc <Lajla05@gmail.com>, Landry and Arcari Jeff <jeff@landryandarcad.com>, Landry and Arcari Julie <julie@landryandarcad.com>, Lara Fury .<lara.fury@gmail.com>, Leanne Schild <leanneschild@yahoo.com>, Lee Hannula <leehl317@yahoo.com>, Leslie Levesque <leslielevesque@hotmail.com>, Leslie Limon <leslie@leslielimon.com>, Leslie Tuttle <leslietut@gmail.com>, Lisa Delissio <treegmi@mac.com>, Liz Nugent <meenugent@gmail.com>, Lorena Hawkins <lorena.hawkins@gmail.com>, Louis Sirianni <lsirianni@vemerjohnson.com>, Margaret Holmberg <mholmberg2@gmail.com>, Margaret Lemelin <margaret.lemelin@gmail.com>, Marin Konstadt <madnkonstadt@outlook.com>, Marjorie Dum <waveriyMPS@aol.com>, Mark and Fariba Ansari O'Donald <markodonald@hotmail.com>, Martha Delaney <marlally@comcast.net>, Martin Imm <martin.imm@earthlink.net>, Mary Ann Silva <masilva@comcast.net>, Mary Hartfelder<ziggy@irish-eye.com>, Mary Lee Storrs <mistorrs@verizon.net>, Mary Pax Lenney <paxlenney@comcast.net>, Mary Pax Lenney <paxlenney@cox.net>, Mary Simpson Sousa <acracia@comcast.net>, Mary Whitney <mwhit8@gmail.com>, Meg Twohey <SalemGrp@aya.yale.edu>, Melinda Hamel <melindaahamel@aol.com>, Melissa List <m.list@verizon.net>, Melissa Ludden Hankens <melissaludden@yahoo.com>, "Michael A. Gallo" <michaelgallo290@gmail.com>, Michael Digris <digris@gmail.com>, Michael Jaros <michael.jaros@gmail.com>, Michael Kraft <michaelkraft@cbfisk.com>, Michaeline LaRoche <mdlaroche@comcast.net>, Michele Louizos <MicheleSusan@hotmail.com>, Michelle Bono <bono_michelle@yahoo.com>, Mike Mendicino <mikemendicino1210@gmail.com>, Mike Szimanski <mike@buzzbinder.com>, Mindy Beaulieu <mindystargazer@yahoo.com>, Murphy Funeral Home <FMurphy344@aol.com>, Myrna Soper <mymasoper@gmail.com>, Nick Nowak <nick.nowak@gmail.com>, Nick Vokey <nick.vokey@gmail.com>, Nina Collins <coilins.nina@gmail.com>, Norman LaPointe <npaudet@aol.com>, Pam McKee <Pam@pammckeeteam.com>, Pamela Ciulla <pciulla@goodwinprocter.com>, "Patricia S. Roka (for FSNA news)" <patricia.roka@gmail.com>, Paul Bunker<paul.s.bunker@gmail.com>, Paul Konstadt <pkonstadt@outlook.com>, Peter Anzalone <peter.anzalone@thermofis her.com>, Peter G Eschauzier<pgeschauzier@me.com>, Peter Nugent <peter.f.nugent@gmail.com>, Pierre Pelletier<pj_pelletier@msn.com>, psychic41 <dmangelus@aol.com>, Rachel Hunt <hunt.rachelt@gmail.com>, Rachel Lee <rachlieb@juno.com>, Rachel Zisman <rzisman09@gmail.com>, Richard Griffin <richard@rgriffinarchitects.com>, Richard Laperchia <al pi neww@comcast.net>, Richard Lindeman <rwlindeman@comcast.net>, Rob & Sue Hayward <hayward32@verizon.net>, Rob Ouellette <robouellette@comcast.net>, Rolf Franke-Offen <frankeotten@gmail.com>, Ryan Hemphill <ryanhemphill.email@gmail.com>, Sal Martinez <salthecow@hotmail.com>, Sarah Morrill <sarahmorrill@comcast.net>, Scott Davis <sdavis@resonetics.com>, sfelt <sfeltl@verizon.net>, Sharon Sullivan <Sharon.Sullivan@ae.ge.com>, Shelby Hypes <shelby@shelbyhypes.com>, Sona Datta <sona.datta@gmail.com>, Sonia Penta <sonia.penta.bs@gmail.com>, "St. James Catholic Church" <stjames@aol.com>, Stacia Kraft <sm.kraft@verizon.net>, Stacy Soper<Stacey.Soper@gmail.com>, Stanley Szwartz <szwartz@comcast.net>, Stephanie Trainor-Madigan <surplussunshine@gmail.com>, Steve Duguay <Steveduguay@hotmail.com>, Steve Whittier <whittierremodeling@gmail.com>, Steven Gregory <steve@netgworld.com>, SueEllen Costarino <suellensalem@aol.com>, Susan Weldon <sweldon5688@aol.com>, Suzanne Barnes <Suzanne.Bames@massart.edu>, "T. Jane Graham O'Dwyer" <Odazzle@aol.com>, Tehani Whalen Eaton <tehani73@vedzon.net>, Thomas Frary <tfraryjr@msn.com>, Tim Doggett <thedoggetts@vedzon.net>, Tim Obert <Tim.Obert@gmail.com>, Tim Obert and Matt Obey <t.obert@hotmail.com>, Tina Walker-Morin <walkermodn@gmail.com>, Tom & Nina Collins <fivemiles@gmail.com>, Toni Gaspard <tonigl918@gmail.com>, Trevor Meek <meekttl90@gmail.com>, Tyler Twombly <Tylertwombly@gmail.com>, Victoria Alla <hcrvra@yahoo.com>, Whitney Van Dyke <whitvd@gmail.com>, William Aydelott <bill.aydelott@gmail.com>, William Penta <Wiliam.penta@gmail.com>, "Z. Dana Andrus" <dandrus@mit.edu>, Cindy Johnson <cynthia.m.johnson@gmail.com>, Ijlucasmd@gmail.com, eschaeffer@salem.com, Patricia Kelleher <pkelleher@salem.com>, Iduncan@salem.com, Jonathan Bailly <jonbailly@yahoo.com>, Austen Barron Bailly <austenbarronbailly@gmail.com>, Colleen Bowdren <colleen.bowdren@gmail.com>, tstpierre@salem.com, mlutrzykowski@salem.com, Jane Guy <JGuy@salem.com>, rickjohnson27@gmail.com, hfamico@salem.com, efmilo@gmail.com, sargeatlarge74@aol.com, jenylryan@comcast.net, Dominick Pangallo <dpangallo@salem.com>, kdriscoll@salem.com Dear Federal Street Area Neighbors, I recently purchased the first floor unit at 107 Federal Street. 107 Federal Street Unit 1 is a commercial condominium on the first floor of a three unit building at the corner of Beckford and Federal Streets. The second and third floor units are two bedroom condominiums. The first floor has been used commercially since the building was built in approximately 1880. It was originally a grocery store owned by J. Chandler. Today, however, a commercial use seems out of step with what the neighbors would desire for this property. It is thus my intention to seek approval to convert the unit into a two bedroom condominium. I have lived on Chestnut Street for 23 years and have been privileged to raise my children in a fabulous historic house in our wonderful neighborhood. However, two of my children are now in college and within a few years will have left the nest. My intention is to rent the unit for a few years until my older children are gone and then sell my house and move into 107 Federal Street. I own several other rental properties and take pride in maintaining them well. I choose my tenants carefully, require a minimum one year lease, a credit check, and references. I served for many years on the board of Historic Salem, Inc. and have a strong commitment to maintaining the historical character of the properties in our neighborhood. The exterior of 107 Federal Street shows numerous signs of neglect with much rotted wood, missing downspouts, etc. This is partially because the previous owners of Unit 1 had not paid their condominium fees in several years, so the remaining unit owners did not have adequate funds to maintain the building properly. Last week I delivered to the treasurer of the condo association a check for$5,300 for these past due condo fees. I will be workingwith the other two unit owners to undertake the exterior repairs necessary to make the P rY building one in which the neighborhood can be proud. I will be seeking approval from the Historic Commission to replace the hideous aluminum framed plate glass entry door with a traditional wooden door similar in style to the other Federal Street entry door on the building. I will also remove the air conditioner that was built in above the entry door. The front windows of the building will remain, since they are original to the building and have considerable historic value. I am investigating whether a second pane of glass can be added to them to create insulated windows. If that is not technically feasible, I will install tasteful storm windows. I will seek approval to replace the window on the corner of Beckford and Federal Street since at some point, probably in the 1950s, a louvered window was installed above the traditional fixed window. The louvered window and the fixed window below it will be replaced with a traditional double hung window of a style consistent with the other windows in the building so that some ventilation can be brought into the property. There is an original door on the Beckford Street side of the property that was boarded up with plywood at some point. The plywood will be removed and a new fixed panel installed in the bottom of the opening and functioning two-leaf french windows installed above the panel. This will not be an entry door. In addition, a window will be added on the Beckford Street side to provide required light and emergency egress required by code for the bedroom that will be built in that area. This window will be designed to match the windows on the second floor. Also, a window on the back of the building that has been boarded up for years will be reopened. It is unclear whether any zoning approvals are necessary to affect this conversion of the unit from commercial to residential use because a residential use is considered a lesser use than a commercial use. However, it is my intention to seek approval for this change from the Zoning Board of Appeals so that there will be no question about whether proper procedures were followed. The unit has three parking spaces, two tandem spaces in the Federal Street driveway and one behind the building on the Beckford Street side. It is my belief that the changes I am proposing are the best possible outcome for the neighborhood because they will remove once and for all the possibility of a detrimental commercial use of the unit in the future. I have previously relayed the above information to the president of the Federal Street Neighborhood Association, who shared it with the FSNA board, but I wanted to ensure that the entire neighborhood was made aware of it. Please feel free to contact me if you have any further questions. All the best, Rich Jagolta RichJagolta(@amail.com Richard Jagolta <dchjagolta@gmail.com> Sat, Apr 16, 2016 at 12:21 PM To: "dricciarelli@segerarchitects.com" <dricciarelli@segerarchitects.com> [Quoted text hidden] Mary Hartfelder <ziggy@ihsh-eye.com> Sat, Apr 16, 2016 at 12:44 PM To: Richard Jagolta <richjagolta@gmail.com> Rich, this is wonderful news! Thanks for your careful consderation of the character of the building and the neigjborhood -Ziggy and Ron Hartfelder [Quoted text hidden] Ziggy Hartfelder www.irish-eye.com http://instapdnts.com/profiles/ziggy-hartfelder.htmi Betsy Burns <betsyb222@vedzon.net> Sat, Apr 16, 2016 at 12:45 PM To: Richard Jagolta <dchjagolta@gmail.com> If I still lived at 22 Beckford (comer house across from "the store", I think I would be in favor of your proposal. The property has been a problem for some time .In fact, the only really positive occupancy was when it was a flower shop. If you actually follow through with your plans as stated, I believe this development would be a welcome improvement. Good luck, Betsy Bums — Original Message — From: Richard Jagolta To: rich jagolta@gmail com Sent: Saturday, April 16, 2016 12:04 PM Subject: 107 Federal Street [Quoted text hidden] Dan Ricciarelli <ddcciare[li@segerarchitects.com> Sat, Apr 16, 2016 at 12:51 PM To: Richard Jagolta <richjagolta@gmail.com> Cc: #BAL <dricciarelli@segerarchitects.com> Nicely stated. . Sent via the Samsung Galaxy S®4 mini —, an AT&T 4G LTE smartlahone — Original message — From: Richard Jagolta <richjagolta@gmail.com> Date:04116/2016 12:21 PM (GMT-05:00) ,To: dricciarelli@segerarchitects.com Cc: Subject: Fwd: 107 Federal Street Forwarded message From: Richard Jagolta <richjagolta@gmail.com> Date: Sat, Apr 16, 2016 at 12:04 PM Subject: 107 Federal Street To: "rich jagolta@gmail com" <richjagolta@gmail.com> Dear Federal Street Area Neighbors, I recently purchased the first floor unit at 107 Federal Street. 107 Federal Street Unit 1 is a commercial condominium on the first floor of a three unit building at the corner of Beckford and Federal Streets. The second and third floor units are two bedroom condominiums. The first floor has been used commercially since the building was built in approximately 1880. It was originally a grocery store owned by J. Chandler. Today, however, a commercial use seems out of step with what the neighbors would desire for this property. It is thus my intention to seek approval to convert the unit into a two bedroom condominium. I have lived on Chestnut Street for 23 years and have been privileged to raise my children in a fabulous historic house in our wonderful neighborhood. However, two of my children are now in college and within a few years will have left the nest. My intention is to rent the unit for a few years until my older children are gone and then sell my house and move into 107 Federal Street. I own several other rental properties and take pride in maintaining them well. I choose my tenants carefully, require a minimum one year lease, a credit check, and references. I served for many years on the board of Historic Salem, Inc. and have a strong commitment to maintaining the historical character of the properties in our neighborhood. The exterior of 107 Federal Street shows numerous signs of neglect with much rotted wood, missing downspouts, etc. This is partially because the previous owners of Unit 1 had not paid their condominium fees in several years, so the remaining unit owners did not have adequate funds to maintain the building properly. Last week I delivered to the treasurer of the condo association a check for$5,300 for these past due condo fees. I will be working with the other two unit owners to undertake the exterior repairs necessary to make the building one in which the neighborhood can be proud. I will be seeking approval from the Historic Commission to replace the hideous aluminum framed plate glass entry door with a traditional wooden door similar in style to the other Federal Street entry door on the building. I will also remove the air conditioner that was built in above the entry door. The front windows of the building will remain, since they are original to the building and have considerable historic value. I am investigating whether a second pane of glass can be added to them to create insulated windows. If that is not technically feasible, I will install tasteful storm windows. I will seek approval to replace the window on the corner of Beckford and Federal Street since at some point, probably in the 1950s, a louvered window was installed above the traditional fixed window. The louvered window and the fixed window below it will be replaced with a traditional double hung window of a style consistent with the other windows in the building so that some ventilation can be brought into the property. There is an original door on the Beckford Street side of the property that was boarded up with plywood at some point. The plywood will be removed and a new fixed panel installed in the bottom of the opening and functioning two-leaf french windows installed above the panel. This will not be an entry door. In addition, a window will be added on the Beckford Street side to provide required light and emergency egress required by code for the bedroom that will be built in that area. This window will be designed to match the windows on the second floor. Also, a window on the back of the building that has been boarded up for years will be reopened. It is unclear whether any zoning approvals are necessary to affect this conversion of the unit from commercial to residential use because a residential use is considered a lesser use than a commercial use. However, it is my intention to seek approval for this change from the Zoning Board of Appeals so that there will be no question about whether proper procedures were followed. The unit has three parking spaces, two tandem spaces in the Federal Street driveway and one behind the building on the Beckford Street side. It is my belief that the changes I am proposing are the best possible outcome for the neighborhood because they will remove once and for all the possibility of a detrimental commercial use of the unit in the future. I have previously relayed the above information to the president of the Federal Street Neighborhood Association, who shared it with the FSNA board, but I wanted to ensure that the entire neighborhood was made aware of it. Please feel free to contact me if you have any further questions. All the best, Rich Jagolta RichJagolta(ftmail.com Kim Driscoll <KDdscoll@salem.com> Sat, Apr 16, 2016 at 1:47 PM To: Richard Jagolta <dchjagolta@gmail.com> Good luck Rich. Sounds like a wonderful plan that will be an asset to the neighborhood. Hope everything goes smoothly. Best, Kim _._. Mayor Kimberley Driscoll City of Salem 93 Washington St Salem, MA 01970 978-619-5600 [Quoted text hidden] Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal officials are public records. FMI please refer to: http:]/www.sec.state.ma.us/pre/preidx.htm. - Please consider the environment before printing this email. Christine <ch6stine7935@gmai1.com> Sat, Apr 16, 2016 at 1:51 PM To: Richard Jagolta <dchjagolta@gmail.com> I think this is great. Sent from my iPhone Christine Sullivan + 617-233-8175 111 Federal St On Apr 16, 2016, at 12:04 PM, Richard Jagolta <richjagolta@gmail.com> wrote: [Quoted text hidden) Rick Johnson <dckjohnson27@gmail.com> Sat, Apr 16, 2016 at 2:12 PM To: Richard Jagolta <richjagolta@gmail.com> This seems reasonable to me, Rich. But I'm often surprised at how unreasonable my neighbors can be when faced with reasonable proposals. Good luck. Sent from my iPhone On Apr 16, 2016, at 12:04 PM, Richard Jagolta <richjagolta@gmail.com> wrote: (Quoted text hidden) Caroline Cox<carolinesvcox@gmail.com> Sat, Apr 16, 2016 at 2:22 PM To: Richard Jagolta <richjagolta@gmail.com>, Ian Cox <ianjcox@gmail.com> BRAVO Neighbor and congratulations! I can see your new house from my house. You just like being surrounded by Vokeys, eh? Please let us know how we can help. Caroline and Ian [Quoted text hidden] robouellette@comcast.net <robouellette@comcast.net> Sat, Apr 16, 2016 at 2:48 PM To: Richard Jagolta <richjagolta@gmail.com> Hey Rich, Sounds good to me, good luck with your project. Bob From: "Richard Jagolta" <richjagolta@gmail.com> To: "rich jagolta@gmail com" <richjagolta@gmail.com> Sent: Saturday, April 16, 2016 12:04:38 PM Subject: 107 Federal Street [Quoted text hidden) Peggy and Tim <thedoggetts@verizon.net> Sat, Apr 16, 2016 at 3:52 PM To: Richard Jagolta <richjagolta@gmail.com> Rich, This sounds like a great plan. If there is anything that Peggy and I can do to assist, please call Tim & Peggy Doggett From: Richard Jagolta [mailto:richjagolta@gmail.com] Sent: Saturday, April 16, 2016 12:05 PM To: rich jagolta@gmail com Subject: 107 Federal Street [Quoted text hidden] Lee Hannula <leehl317@yahoo.com> Sat, Apr 16, 2016 at 4:10 PM To: Richard Jagolta <richjagolta@gmail.com> Thank you Rich. If you are looking for a tenant please let me know. I currently live on River St in a rental but my landlord is not very involved and my house is literally rotting from the outside in. I have lived here for 5 years now. I appreciate the information provided in your email and look forward to the changes. Lee Hannula 6 River St. Sent from Yahoo Mail for iPhone [Quoted text hidden] Alexa Ogno <adogno@alum.mit.edu> Sat, Apr 16, 2016 at 5:16 PM To: Richard Jagolta <richjagolta@gmail.com> Rich, While I am sad that we will never see a cafe on that comer, it will be nice to have the building taken care of and occupied. I would be one of the few neighbors, it seems from your letter, who would welcome a small scale commercial enterprise that would contribute to the neighborhood vibe. I love that you're planning to restore it and be on-site landlords. I also love the idea of conscientiously downsizing and saving your kids the trouble of disposing with a giant old family home that no longer serves your purposes. We're going through this right now on my husband's side, and it is NOT pretty sometimes. Good luck with your journey through the bowels of city government! Alexa Ogno ADOgno@alum.MIT.edu [Quoted text hidden] sfelt<sfeltl@verizon.net> Sat, Apr 16, 2016 at 5:16 PM To: Richard Jagolta <richjagolta@gmail.com> Dear Rich, A Lovely letter. Your plans for your building sound great —well thought out, historically and civically considerate . I wish you the best of luck. Thank you for including us. Russ Felt [beard, German shepherds, we have spoken casually often], 31 Flint Street [and 86 Federal Street] 978 745 7758 From: Richard Jagolta [mailto:richjagolta@gmail.com] Sent: Saturday, April 16, 2016 12:05 PM To: rich jagolta@gmail com Subject: 107 Federal Street Dear Federal Street Area Neighbors, [Quoted text hidden] Bob Kendall <rejakendall@comcast.net> Sat, Apr 16, 2016 at 5:39 PM To: Richard Jagolta <richjagolta@gmail.com> Hi Rich, Wecome to the neighborhood!! Your plans sound terrific, and will make a great contribution to the charm of our street. Let us know if we can be of help in any way. Bob and Jan Kendall Sent from Mail for Windows 10 From: Richard Jagolta Sent: Saturday, April 16, 2016 12:04 PM To: rich jagolta@gmail com Subject: 107 Federal Street Dear Federal Street Area Neighbors, [Quoted text hidden] R ichJacioltataa_g mail.corn louis@vernerjohnson.com <louis@vemerjohnson.com> Sun, Apr 17, 2016 at 1:16 PM To: Richard Jagolta <richjagolta@gmail.com> Bravo!....... Rich Let me know if I can help Lou [Quoted text hidden] Michaeline Laroche <mdlaroche@comcast.net> Sun, Apr 17, 2016 at 6:16 PM To: Richard Jagolta <richjagolta@gmail.com> Sounds good to me! Sent from my iPhone On Apr 16, 2016, at 12:04 PM, Richard Jagolta <richjagolta@gmail.com> wrote: [Quoted text hidden] David Guarino <dguadno@melwoodglobal.com> Sun, Apr 17, 2016 at 10:46 PM To: Richard Jagolta <richjagolta@gmail.com> Thanks Rich for the note. I heard a bit more about your proposal tonight at the FSNA meeting. I also heard some opposition. I think what you have in mind sounds reasonable. Can you tell me more about the change in zoning required and what the differences are? I'd like to do what I can to help. Best, dave David Guarino ( Senior Partner Melwood Global 18 Beacon Street, 3rd floor, Boston, MA 02108 r 617-676-3037(office) 1617-548-4981 (cell) Join us on social media: @DavidGuarino & @MelwoodGlobal, Facebook, Linkedln www.melwoodglobal.com "Sorry I wrote you such a long post, I didn't have time to write a shorter one." Mark Twain d' Salem Historical Commission CITY HALL. SALEM, MASS. 01970 July 24, 1984 Mr. James Hacker, Chairman Board of Appeal City of Salem One Salem Green Salem, MA 01970 Dear Mr. Hacker: With regard to the proposed conversion to residential use at 107 Federal Street, the Salem Historical Commission met with Mr. Bonardi and reviewed preliminary plans and feels that conversion to residential use can be accomplished without detriment to the historic character of the building and neighborhood. Final review of facade changes has not been completed, but Mr. Bonardi has expressed willingness to cooperate with the Commis- _ sion in affecting changes consistent with the original storefront appear- ance of the building. If we can be of any further assistance, please do not hesitate to contact US. Very truly yours, 6Z_I , bet E1 zah B. Wheaton Chairman EBW/jp � 0;D1TA?r� CITY OF SALEM MASSACHUSETTS m, BOARD OF APPEAL fi Li4 - i ,a 8: l: 3 120 WASHINGTON STREET©MSALEM,MASSACHUSETTS 01970 INEQ�.i� ... IGrrtAFRi TELE:FVD f �Lc TELE:978-679-5685 FAX:978-740-0404 MAYOA City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of RICHARD JAGOLTA, seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance, to allow a change from one non-conforming use to another non-conforming use at 107 FEDERAL STREET (Map 26 Lot 531)(8-2 Zoning District). The public hearing will be held on WED. June 15, 2016 at 6:30 PM, 3`d Floor, 120 WASHINGTON STREET,Rm 313. Rebecca Curran, Chair Board of Appeals Salem News: 6/1/2016 & 6/8/2016 e This notice posted on "Official Bulletin Board" City Hall, Salem, Mass. on i , aolte at 6-,H3cjA in accordance with MGL Chap. 30A, . - - Sections 18-25. C.e� i Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 June 2, 2016 Rebecca Curran, Chair Zoning Board of Appeals RE: 107 Federal Street Dear Ms. Curran: On behalf of the Salem Historical Commission, I would like to express our support for the proposed restoration of the historic John Chandler House at 107 Federal Street, which is located within the McIntire Historic District. (See attached inventory form.) The applicant is proposing to restore the building's storefront, which dates to the original construction of the building in ca. 1884, and to complete modifications to the building's fenestration and doorway on the Beckford Street (east) and the rear (south) elevations. The Commission began its review of the proposed exterior changes to the building at our meeting on April 201h but we continued our deliberation and vote until the Zoning Board renders a decision on the requested zoning relief. We look forward to resuming our deliberations once your decision is finalized. Sincerely, Jessica Herbert Chair g0 Salem Historical Commission 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 June 2, 2016 Rebecca Curran, Chair Zoning Board of Appeals RE: 107 Federal Street Dear Ms. Curran: On behalf of the Salem Historical Commission, I would like to express our support for the proposed restoration of the historic John Chandler House at 107 Federal Street, which is located within the McIntire Historic District. (See attached inventory form.) The applicant is proposing to restore the building's storefront, which dates to the original construction of the building in ca. 1884, and to complete modifications to the building's fenestration and doorway on the Beckford Street (east) and the rear (south) elevations. The Commission began its review of the proposed exterior changes to the building at our meeting on April 20'h but we continued our deliberation and vote until the Zoning Board renders a decision on the requested zoning relief. We look forward to resuming our deliberations once your decision is finalized. Sincerely, Jessica Herbert Chair Massachusetts Cultural Resource Information System Scanned Record. Cover Page IrweMo Ko SAL.1550 istonc Name Chandler,John House and Grocery Store Common Nama: Richdale Store 'Ile dddressyqyv 107 Federal St ii own,- Salem V 11 age1NeighbbF)iood Central Salem Local No, 26-531 . " Year' onstruote.: c 1884 AYCh1teCt0 Arica ctUral Stylg{s): Second Empire Abandoned or Vacant;Market or Grocery Store;Other Use4s) Residential;Speciality store ig ficaiue.., Architecture;Commerce „ � SAL.HD: Federal Street Areas) SAL.HJ:Chestnut Street Historic District SAL.HU:McIntire Historic District De g ahon(s): Local Historic District(3/3/1981);NafI Register District (8/28/1973) A r Roof:Asphalt Shingle Building Matelialsis) ;. Wall:Wood;Wood Flushboard;Wood Clapboard s - Foundation:Granite;Stone,Cut;Brick The Massachusetts Historical Commission (MHC) has converted this paper record to digital format as part of ongoing projects to scan records of the Inventory of Historic Assets of the Commonwealth and National Register of Historic Places nominations for Massachusetts. Efforts are ongoing and not all inventory or National Register records related to this resource may be available in digital format at this time. The MACRIS database and scanned files are highly dynamic; new information is added daily and both database records and related scanned files may be updated as new information is incorporated into MHC files. Users should note that there may be a considerable lag time between the receipt of new or updated records by MHC and the appearance of related information in MACRIS. Users should also note that not all source materials for the MACRIS database are made available as scanned images. Users may consult the records,files and maps available in MHC's public research area at its offices at the State Archives Building, 220 Morrissey Boulevard, Boston, open M-F, 9-5. Users of this digital material acknowledge that they have read and understood the MACRIS Information and Disclaimer (hftp://mhc-macris.net/macrisdisclaimer.htm) Data available via the MACRIS web interface,and associated scanned files are for information purposes only.THE ACT OF CHECKING THIS DATABASE AND ASSOCIATED SCANNED FILES DOES NOT SUBSTITUTE FOR COMPLIANCE WITH APPLICABLE LOCAL,STATE OR FEDERAL LAWS AND REGULATIONS.IF YOU ARE REPRESENTING A DEVELOPER AND/OR A PROPOSED PROJECT THAT WILL REQUIRE A PERMIT,LICENSE OR FUNDING FROM ANY STATE OR FEDERAL AGENCY YOU MUST SUBMIT A PROJECT NOTIFICATION FORM TO MHC FOR MHC'S REVIEW AND COMMENT.You can obtain a copy of a PNF through the MHC web site(ewvw.sec.state.ma.us/mhc) under the subject heading"MHC Forms." Commonwealth of Massachusetts Massachusetts Historical Commission 220 Morrissey Boulevard, Boston, Massachusetts 02125 www.sec.state.ma.us/mhc This file was accessed on: 5 f t9 f' 4 ' SAt'M550 FORM*$u BYTILDINT . . € IS 8/28/73 LHD 3/3/81 Assexmr's;Number USGS Quad Area(,) o Form Number 26-531 $stem. HIT. 1550 f w bis rr'{sJ .l r k Town Salem r Place(neighborhood or village) Central Salem 4 Address 107 Federal.St. ' Historic Name John Chandler House x Uses: Present Store&Dwelling Orrginal`St0 &Dwelling k Date of COnstrnetion ca-1884 •_ "5 '��°t us Source HSI Research x xk a Style/FOrm SecondEmpue ArchitetUBuilder r � a� Exterior Material: F µ Foundation Granrte E&N;brick W&S r r e[6 4 WaWTrim,WoodFlushboardN;Wooa:Clapbomdelsewhere , ♦ A 3 Y.t 1�RVNf. AapLyYI__ _ ,, -;•a f } .`l fpm M+:. � y. �yi i t r t Shmgle, `5 g91�[ . ...•• r . -.v x "* '?_ _� ° + f^` Ootbuddfog8/Slcmldary Structores ,.. I None - m� Major Ake'rationsOvIA.datm) E .ITI • l;:, �[e i Condition Good r •r.. .•' ,, .Moved xno .yes Date _ l� . ..o Y♦.A. R� Acreage Less than 1 Acre. Recorded:by. Leslie Donovan Setting Set directly on sidewalk in 18th and 19th century . Orgaokation Salem Planning Department : g residential area Date(month year) 2/96 RECEIVED JUL 0 8 1996 Follo AlassachusemHimoricalCommi on Survey Maoualinstmenowjorcaepleungthisform. > MASS. HIST. COMM; a^mn:.TRf,.'1'^2Sm"s..�X:`.'*,L^tTi �x�ti`.'+,n YT /.1"1^5,'!_^ SFYL.1 cJr'JD BUILDING FORM 107 Federal Street, Salem ARCHITECTURAL DESCRIPTION _ see continuation sheet Describe architectural features: Evaluate the characteristics of this building in terms ofother buildings within the community. 107 Federal Street is a modest 2 112 story Second Empire building. The style is well represented in the district including good examples m 348 and386 Essex Street. The building has an irregular plan,since it sits at the SW corner of Beckford and Federal streets andbas a canted comer-filling the intersection. There are four bays on Beckford Street and,two,bays on Federal. There is a sUm*ont at the first story facing Federal Street and the facade above the store is sheathed in flushboard siding. It is topped by a;bell cast mansard roof which is mtormpted by two dorarers on the north`elevation;•three on the'easi elevation and one on the south. The pedimented doIt, rmers are enriched with keystones dentiIs and scrolls. There is a brick rear-wall chimney on the south scope of the roof. The storefront is ornamented with paneled pilasters topped by a plain projecting cornice. ". *store, ties oversized 6 hght.clsplay"windows with plywood skirts framingsarecessed entrance with a recent metal and glass door with a sidelight.".The transom is filled with an air conditioner The corner storefront window retains its skirt panel below A plain projecting comice runs across the top of the storefront on Federal Street and at ttie comer and lst,day.on Beckford Street. The recessed reside-mial entrance in the west bay on Federal Street has -c,,wood page doors surmounted by a tmasom. On Beckford Street the one storefront.bay has been filled with clapboard':A second story ones in the west bray of the 1?ederal Streetelevation ties abracketed cornice and a pzureled slart Ti a Storefront cornice wrap around the skut Qf the oriel. O[her omamen"t includes incised brackets at the main coniice a� heavy hood mo, mth brackets at the windows. A door in the S bay of the east elevation is topped by abracketed door l"tand.the opening is filled with clapboard One window on the south elevation has been 5lledwith c t tpboend The shuttered windows have 2/2`sash and therein one jalousie window in the 1� storefront A sriigle metalpanel door in the west elevation(S,bay)has a transom covered with plywood d 1. The building sits at the sidewalk along Becktord and Federal,Streets. Tyreis a paved parking area to the west of the building HISTORICAL NARRATIVE x see continuation sheer, , Discuss the history of the building: Explain its assocrations with local(or state)history. Include uses of the building and the role(s)the oweersioccupants played within the community. 107 Federal Street was constructed ca 1884 for John Chandler. There is some contusion regarding the exact ownership of the property since the HSI report indicates that Joseph Chandler,John's father,purchased the property at the SW corner of Federal and Bedd'ord Streets in 1873 bre the father Joseph had died in 1863. It is ? possible that Joseph Chandler,the son of Joseph and brother to John,purchased the property,since the will y referred to mentions that Joseph Chandler lived in Cambridge,not Salem: Joseph'Chandler Sr.lived in Salem until his death. The property had an existing store and residence on it at the time.�7n 1837,the property was occupied bya Mr.Farrington,a druggist,who brad his store here. Sometime between 1883 and 1897,John Chandler demolished the existing buildings on the site to build a new grocery store and dwelling. In 1874,John Chandler moved from his parents hoose at 7 River;Street tod'I07 Federal, ., lived and ran a grocery treet,where he store. But it appeals that new building was pmlehly built ca 1884,soon after John Chandler purchased the property from the estate of Joseph ChancHer in August 1883:Prior to 1874,the grocery store was located across the"t at 106'Federal Stretx It appears that sometime after John Chandler died'ca. 1903,Albert Jenks came in to run the grocery store at 107 Federal Strom In the 1910 dkidory,Jenks was listed as living at 126t/2 Federal SVeet his�or'C' p,- n was grocer 107 Federal Situx John Chandler and his wife tied no children the building was betpreathad to 17te Aswcranon for the Relief of%Aged and Destitute Women and the Salem Seaman's Orphan and Children s Fnend`S crety 'These orginizations sold the.property in 1912 to Albert Jenks. Following the math of Anna F Jenks prompt wr&transfef' d to Mildred'=A.Herrick&Samuel F.Bridges in 1941. The ProPem was sold six times between'rf441 and 1968 It has recently been occupied as a convenience store at the s , _ _ ;, SfiL.i�5o INVENTORY FORM CONTINUATION SHEET Community Property Address Salem 107 Federal St. Massachusetts Historical Commission Massachusetts Archives Building 220 Morrissey Boulevard Boston,MA 02125 Area(&) Form No. HU 1550 first story and apartments above,and the store has been vacantintermittanly. The store is presently occupied by a florist. 13IBLIOGRAPHY and/or REFERENCES X see continuation sheet Dee,Sally."107 Federal Street House Report."Prepared for Historic Salem,Inc. April, 1975. Salem City Directories. 1836-1910. . Maps Hopkins,G.M. Atlas of Salem. Philadelphia, 1874: McIntyre,H.MV of the Cilyof Salim. Philadelphia, 1851. Phillips,James Duncan. Man of Salem atrnn 1780. Based on Research by Sidney Perley and the accounts of Colonel Benjamin J.Pickman and Benjamin F.Browne with additional information assembled by Jones Duncan and Henry Noyes Otis. Salem:James DuncartPhillips, 1937— BW Part of Salem in 1700. From the research of Sidney Penley. Assembled by William W.K Freeman. Salem:James Duncan Phillips, 1933. Richards,L. F. Atlas of Sateen 1897. Walker Lithograph'and Publishing Company. AtlagofSalclit. Boston,MA 1911. Recommended for listing in the National Regina of Historic Places. If checked,you must attach:a completed National Register Criteria Statement form. a Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of vze255gg@verizon.net Sent: Wednesday, June 15, 2016 5:37 PM To: Erin Schaeffer Subject: [City of Salem MA) 107 Federal Street Hello eschaeffer, Darrow A. Lebovici (vze255gg(@verizon.net) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails, you can change your settings at http://www.salem.com/user/326/edit. Message: Members of the Salem Zoning Board of Appeals: I cannot attend tonight's meeting. I write to urge the ZBA to deny any request to grant a special permit or zoning variance to permit a third residential unit at 107 Federal Street. I believe there are overriding reasons to deny this request: • The request would produce a third residential unit in an R2 zone. This is strictly illegal. • The two year term for transfer of a special permit for a nonconforming use has expired. • The proposed residential use will be a more burdensome use than the previous use since the previous use, a design studio, was very lightly used. • Parking, in particular, is an issue in this neighborhood. I am aware of no off street parking for the proposed unit and therefore believe the unit is strictly illegal. • There is absolutely no legitimate claim for hardship, since the R2 zoning status was clear when the applicant bought the unit. I understand that a number of abutters support the special permit request. Normally, I would support their judgment. However, I feel strongly that it is important to maintain the R-2 density in this neighborhood. While I am not a legal abutter, I live within a block of the property and I would be adversely impacted by the additional parking requirement that the third unit would generate. And I believe that the request sets a dangerous precedent which would lead to diminished property values throughout the neighborhood including my own. Therefore, I urge you to deny any requests to add a third residential unit to this building. Thank you for your consideration. Darrow A. Lebovici 122 Federal Street, Salem, MA 01970 vze255gg@verizon.net 617.803.1030 cell 888.212.1383 fax . 1 1 Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of vze255gg@verizon.net Sent: Wednesday, June 15, 2016 5:02 PM To: Erin Schaeffer Subject: [City of Salem MAJ ZBA meeting tonight: 107 Federal St. Hello eschaeffer, Meg Twohey(vze255gg@verizon.net) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails, you can change your settings at http://www.salem.com/user/326/edit. Message: Erin -for tonight's meeting. To the members of the Zoning Board of Appeals- I cannot attend tonight's meeting but wanted to request that you not grant a Special Permit for the first floor of 107 Federal St. I don't believe a special permit is appropriate as a change of use from one non-conforming use to another since the intended use is residential and therefore conforming. I also oppose a zoning change to allow a third unit in this R-2 neighborhood, and believe that were the owner were to apply for a zoning change, it would not pass the hardship test. I respect my neighbors who may be in support but feel strongly that it is important to maintain the R-2 density in the neighborhood. While not an legal abutter, I live within a block of the property and parking is an issue. I do not believe residential use of the property meets the parking requirement either. Thank you for your consideration. Meg Twohey Margaret K.S.Twohey SalemGrp@ava.vale.edu 978.744.6702 122 Federal Street Salem, MA 01970 1 JUN i 4c DEFT OF connMUIN TruEVE LO ., wT a s: r . RECEIVED JUN 15 2016 To whom It may concern DEPT OF PLANNING a COMMUNITY DEVELOPMENT We are the owners of the third floor unit at 107 Federal St, When Rich told us of his intent to change the first floor of the building from a commercial space to a residential one we were pleased. Since we moved here two years ago,the.space has spent most of its time empty, save for short-lived real estate consulting/"landscaping" business that created more issues than the space simply being empty did. It is obvious that the space simply cannot sustain a feasible business and We would much rather see the space used for residential purposes instead, We have spoken with Rich about the changes he wishes to make to the space and are both incredibly pleased and impressed with his concept,which not only promises to keep the unique styling that honors the history of the space but also serves to Improve the appearance of the building as a whole. We hope that you share our opinion and approve Rich's request to rezone the property. Thank you very much for your time and consideration, Leland Spencer and Joy Crelin 107 Federal St, Unit 3 Salem,MA Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of szwartz@comcast.net Sent: Sunday, June 12, 2016 7:22 PM To: Erin Schaeffer Subject: [City of Salem MA] 107 Federal Street Hello eschaeffer, Stan Szwartz (szwartz@comcast.net) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails, you can change your settings at http://www.saiem.com/user/326/edit. Message: Dear Ms. Schaeffer, My wife and I are the owners of 13 River Street. We are writing to convey our support for an approval needed to change the zoning of 107 Federal Street from commercial to residential.The item is on the ZBA agenda for the 6/15 meeting. Over the years, many businesses have attempted to use 107 Federal Street as a commercial space.They have met with resistance from neighbors who do not want additional cars parked on the street. As a result, businesses have either walked away or failed. The unit has a long history of neglect because its original purpose is no longer relevant to the needs of our neighborhood today. We fully support Mr.Jagolta's plan to breathe new life into this wonderful old storefront while maintaining the historic integrity of the building. We encourage zoning board members to approve this change and we look forward to a day when we will be able to walk by 107 Federal and not see it empty. Please contact us if you have any questions. Sincerely, Stan Szwartz&Jacq Washburn 143 Federal Street (978)745-1137 1 Erin Schaeffer From: Alexa Ogno <adogno@alum.mit.edu> Sent: Saturday, June 11, 2016 1:48 PM To: Erin Schaeffer Subject: 107 Federal Street Dear Ms. Schaeffer, I am writing in support of the application to change the zoning designation of first floor condo unit at 107 Federal Street from commercial to residential. While I would have loved to see a viable business that serves the community there, it is clear that is not to be. For the past 10 years, this unit has bounced among owners, more often empty than alive. A residential designation would allow the property to be brought up to the standards of what a vibrant street demands. I have read Mr.Jagolta's letter to the neighborhood as to his plans for the property. While he is asking to make some changes to the exterior, all the changes sound like they will enhance the property and its impact on the streetscape. Currently the exterior is deteriorating, with wood dropping from the eaves onto the sidewalk. Without a dues paying tenant on the first floor to help absorb the cost of repairs,the damage will only get worse. I am confident that Mr. Jagolta, a long-time Salem resident and landlord, will be a responsible owner and take care of the property. Thank you for your service to the city, Alexa Ogno 180A Federal Street, Salem ADOgno(@alum.MIT.edu 1 Erin Schaeffer From: Richard Jagolta <richjagolta@gmail.com> Sent: Monday, June 13, 2016 11:46 PM To: Paul Bunker Cc: Erin Schaeffer, Cindy Johnson Subject: Re:Zoning board meeting for 107 Federal Thanks for your support, Paul. On Sat, Jun 11, 2016 at 10:21 PM, Paul Bunker<paul.s.bunker@ mail.com> wrote: Dear Erin Schaeffer, I am writing in support of the proposed zoning board change for 107 Federal St from commercial to residential . My family and I own the home at 20 Beckford St adjacent to 107 Federal. The building is in need of attention and is not well suited for a buisness given it's recent history and the makeup of the neighetbohood immediately surrounding. The neighborhood would be much better served with this property as a residence. I am also happy that Mr Jagolta's has served on the historic board and has been a resident of the McIntire district for decades. I am in strong support of the zoning change proposed. Thank you, Paul Bunker 20 Beckford St (339) 440 1291 iRd Bunker paul.s.bunker@gmail.com r Erin Schaeffer From: vtsdmailer@vt-s.net on behalf of ianjcox@gmail.com Sent: Monday,June 13, 2016 11:03 PM To: Erin Schaeffer Subject: [City of Salem MA] Support for ZBA petition 6/15, Richard Jagolta Hello eschaeffer, Ian Cox (ianicox@gmail.com) has sent you a message via your contact form (http://www.salem.com/user/326/contact) at City of Salem MA. If you don't want to receive such e-mails, you can change your settings at http://www.salem.com/user/326/edit. Message: Dear Ms.Schaeffer, I reside in the Federal Street neighborhood and have a clear view of 107 Federal Street. I am writing to convey my support for an approval needed to change the zoning of 107 Federal Street from commercial to residential.The item is on the ZBA agenda for the 6/15 meeting. Mr.Jagolta, who has purchased the unit, has outlined his vision for the property and we are in full support. We believe it will be a,noted improvement to the property and harmonious with the neighborhood as a whole. Sincerely, Ian and Caroline Cox 2 River Street Salem, MA 01970 1 Erin Schaeffer From: Cindy Johnson <cynthia.mjohnson@gmail.com> Sent: Thursday, June 09, 2016 9:10 AM To: Erin Schaeffer Cc: Richard Jagolta Subject: Support for 107 Federal Street Zoning Change Dear Ms. Schaeffer, My husband and I are the owners of 13 River Street. We are writing to convey our support for an approval needed to change the zoning of 107 Federal Street from commercial to residential. The item is on the ZBA agenda for the 6/15 meeting. Over the years, many businesses have attempted to use 107 Federal Street as a commercial space. They have met with resistance from neighbors who do not want additional cars parked on the street. As a result, businesses have either walked away or failed. The unit has a long history of neglect because its original purpose is no longer relevant to the needs of our neighborhood today. We fully support Mr. Jagolta's plan to breathe new life into this wonderful old storefront while maintaining the historic integrity of the building. We encourage zoning board members to approve this change and we look forward to a day when we will be able to walk by 107 Federal and not see it empty. Please contact us if you have any questions. Sincerely, Rick& Cindy Johnson 13 River Street Salem MA 01970 508-527-1219 Cynthia Johnson 508/527-1219 (mobile) www.festivus5k.com www.linkedin.com/pub/3/127/2bO 1 Erin Schaeffer From: Christine <christine7935@gmail.com> Sent: Tuesday,June 14, 2016 10:41 AM To: Erin Schaeffer Cc: Cindy Johnson; Rich Jagolta Subject: 107 Federal St Follow Up Flag: Follow up Flag Status: Flagged My husband (John Neely) and I are the owners of 111 Federal St (Salem) and as such are direct abutters to the property at 107 Federal St. We are writing to convey our full support for an approval needed to change the zoning of 107 Federal Street from commercial to residential. The item is on the ZBA agenda for the 6/15 meeting. We are unable to attend the meeting but want to be sure you know our position on the matter We understand that the unit was grandfathered for certain kinds of commercial use, but times have changed and the commercial uses of the last decade have either not worked or were marginal at best. Traffic and parking are perpetual issues in a city and this particular block is very crowded. But it's more than that. This area is truly residential. It is in walking distance to downtown stores. The need for a commercial space isn't really evident. But an empty first floor of a building in this neighborhood is an issue. We want a committed owner who will work with the other condos in the building to maintain the building and see to it that the first floor is occupied with residents. It is absolutely in the best interest of the neighborhood and the city. We think that Mr Jagolta's sensitivity to historic preservation, his commitment to the property,his willingness to collaborate with the other building owners makes his plan compelling and necessary. Please approve the variance Please contact us if you have any questions. Christine Sullivan John Neely 111 Federal St 627-233-8175 Sent from my iPhone Christine Sullivan 617-233-8175 1 j� r CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND "PARTIES IN INTEREST" BOARD/COMMISSION: Board of Appeals PROJECT SITE: 107 Federal Street DATE: 5/24/2016 DESCRIPTION OF REQUIREMENT: Parties in Interest: ❑ The applicant ❑ Abutters Vwners of land opposite any street or way Abutters to abutters within 300 feet ❑ Planning boards of abutting cities and towns This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "parties in interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the parcel(s) of land listed above as the project site. / Assessor's Signature: /� Date: J Number of initialed pages attached: —4— Once Once Certified,Return to: Erin Schaeffer Department of Planning and Community Development j r raE �so�000000c L y i '• �a�`m c�sa�,a aaaao � Er6,11 1 § 1111E1/n2 ......' kv�4=3 ttr ., MH '!� E(c is' E a �3t O ..,=1 x : r ,_. 4afrt�,r:�t u`��"''i L:` .EET Y� LL i 2 SUMMER STR � i. 13381S H1aON g E { u d S N Al I 6 ;s � STREEJ U C FEDERAL COURT �U RTS= Sj BECKFORD STREET HAM11uj SSR y � �.`�'�^ Irv{ F— �I, � � 6 � r "k•y i7 �L t ^^s.,� u �.; # p m e y rs E k 'rm s}i, LINNYkk , r '* �Ji z sal. �� m RaK : e�y t fff gv RN r s a, 3 - Fde i-EciiENecctz'.! (arttE'P.racs' Ut'Rte „€CI "raFs+ He1L Stat 1E " p`.,«„ ,,.w ! Indexed'By PdreellD ,'Card# s 4 Add Hiod Del Sar Cancel '-,r11-' s LacaGorf 107 FEDERAL STREET SALEM t9rWU1%r'S-r�,`,te�� I Land Use 343 a'Cndo pfp . -, Natgh €CC rCOMM M u � tr Ow�111 dAGOlTA'(41CHARD W-� � r �Ou?r Type �'� '� g Market Adr Valar V Car eat Year'ZOl6 Leaal D scrmlmn ',,. -._. Calc Land Afea '�.` '0055 0U55 � � .. Q; M�3 ' ef c tG. tam t t .- ing Value 107 60D 1O7 8L%1�' ° t ?`'` -`. Hr-!0 r'' Yatd Items -, iT- �'a. ! �`"i F .: � Land Value r"t1O0 } 700 yme "' � _ € TatalValue 707600 'r 107S0A -tm Assmsed Value 1D7900 747800 �'.ty- t w. -r Itti! ._ # Agrtc4Pt t'redd k ?'' t j,t " ttrx Renal/¢1azke2 ° - I l- !r j Sales In"I adani rt i r '{;' �,Ta rrc'S6 t#larratrve.flescrtoaan'' - - ..� Grantor MCCLEAFiN KEITH W t1+ Thi parcel cot3atas 055Actesd .�_ _ x- rm S le Pr s Cndo Ofc JP' Sale Dale.312412016 r wkha Condo OHlce B.uildvrg ttwl 1 =L r Va6dAy .1 -d ' VacagC-iJo"''`°r abwti$90 havmgydmanly'a ___. uLe'119 3479437$ ., tin Clapboard Erni and 906 S413a 4 t to —4 Peet 1,Unrt'1'Bath 03/4 Bath {,' 311roe Notes _>' `l4tes,' �@ .�- �t OFtaltBath 2RoomstorfaCand O.... _ I a��aduax.- ' " C �v�.Record Card.InformaAon --- - 22271 QuickList: Qpeq t 5/24/2016 { 1 32 PM, s I J ..ssRib 43.9f4. #1tttr=r .._exto -F Maut1SS! Fte".Edit RettGnd 4'�Cate e fJttlxYac Y TuoEs _t7P#talcs ` .� Indexed by 'Parcel ID �-,Card# p �3 Add Mod Del Save Cancelan ^ ® .® 0 ParcellD:,260Wb80i Cardto(1==� �-Locant nor no! ;85"rFEDERA[STRE€F U1iS'"ALE '�`':nCasi�$•'.627 80=; - Current Owner Pnor m, ID1FactorslTaxesh atm .Td O-�,;c� UvLtbbe "' #1• LEACH s DAVIDAI s LACHAPELLE RFILAURIEJ i #3 "'55 :. Skreett 95 FEDERAL ST U7 � SoeSec#1 Type#t ' Street#2 �SocSecit2 TyReit2 z -Gryltown SALEr�M nn .� � Soc Sec#3 -T9pe#3 � q' � r ProvumelSWle MA E`''PosteL 01970 �aL oountA ype, - .. Country Code i~T '' ' SePdtale BlII i -' RP t MM/DD/YYYY Legal Reference ;--� �'- Vdlid Qwnet'(✓�T� Owner O upjed v Shc'e Datee4� 5 71116 Owner L.aoku�p Number t 36084 " Sales v — 'Exemptions -More Owners " Other Parties _ ;x* _T Dpen 17, .5/2412016 7:36 PM _ �.,� ?31 QuickList., M- .I Fite a'v Ed+t tReroti"`NavgaCe 5'ra€e* tJY(hCe 'Trio#sS{? Ewns'Mr#e2a:z�Ste#.0 5� �a at'#-t -?' "'t' r�, _.. ,. L Com@ F Indexed 6y Parcel IDS Card# hx i MEa Aod Mod Del' Save Gnca+ """" :'" -„ � f M I! ?. Parcel{ 2D E0593:�-SO1� ,g,F y"x .�.v Card l o(1., 1oca{or5.172 E6ERAl"STREET U'I SP1L _�.CaS F Current Owner Pnor Owner. IQ/factors/Taxes ti,.wwn _' Last Namla _ '+. - : +s nst Narce NIRes ZIPPILH --STEPHEN C - # HART E LORI 'Slr #1 112 FEDERAL STREET UISoc Sec lii Type#1- — + SUeel#2 M S Sec#2 -'ype# i 5x Glty/TPwn SALEM +SocSac#6 Type# � a �. Prohncel6tale MR Po taY01970 � � Atlaoun�YP$I w 2Vali80wne+ `i1E��0'6SDwn j%boakU Number 36762 , 1 ._ Sales Exemptions More Owners Other Parties- I 1 Open 5/24/2016 r.1,:42 PMQu+ckLisF 1 FtlrEdr2 ftt+Ltxtxl! h#avirDate-:;3trkce.s#Lltiirte�.G�TonI•' :?prao� .c} mtyoEtxS''- k`°�' :yi16 lh;ji � x* a ! IndexedBy ParcellD .,Gard# to- i Add (p��ty AW _i:;Parcel ID 26-0537 - �N.:", -=Card X pf Z ._ .Ldeation 'l2D F�D:E'RRL S�R�TI,,�h�'r,� .GoSr$g86;206> �' _» -....- .»-o.waw _ :.va.,..,.,_— _"_ a .s.,u,aa= -. :•^_ �:--r.-rr-:y Curren[entOwner PriorOwner Tdle .- u .Ec TfaLastName first #1' �LINDHOLM y EINER p2: �LINDHOLM MARISA ;r ' a : a Street# :123 FEDERAL ST 5 cSBC#1 Ts+pe#1 !! Street lt2 � S1�e Sec#° .Type#2 # . it CRyfToW.SALEM `,SacSec#3 ;Typei�.._ ProcetSta etMA Postal;01970 S nhy Code 7" r 1.�. 9. Separate Btll ._ _ 3 RM D09: MM/DD/YYtN Legal8e€eaence= 3 y Ma Valid Owner wner Oc Ocupied: „sae le Date -0J22� Jto 'Owner LaokriP Number 3gpgg �.:: - Sales ffi Exem tions =i More Owners u,. Other Payees Open 5/24!2016 158PM 1' Ownership Information r E803 Quickl.isPr a E Parcel ID:26-0526-0 Parcel ID:26-0527-0 Parcel ID:26-0528-0 ALLEN ROBERT S WILLIAMSON MICHAEL COPELAS PETER JR SOUCY ROBERT A WILLIAMSON KAREN K 135 BOSTON STREET 5 BECKFORD ST 13 BECKFORD STREET SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID: 26-0530-0 Parcel ID: 26-0532-0 Parcel ID:26-0534-0 BERKWITS JORY E SULLIVAN NEELY NOMINEE DARLEEN MELIS FAMILY 6926 CUMBERLAND TERRACE NEELY JOHN/SULLIVAN MELIS DARLEEN DENISE UNIVERSITY PARK, FL 34201 111 FEDERAL ST 115 FEDERAL STREET SALEM, MA 01970 SALEM, MA 01970 Parcel ID: 26-0542-0 Parcel ID:26-0545-0 Parcel ID: 26-0576-0 CHARLOTTE L.FREEDBERG TR SCHILD HERBERT GUINEE KEVIN J FREEDBERG CHARLOTTE L TR SCHILD LEANNE M GUINEE DEBORAH A 360 ESSEX STREET 354 ESSEX STREET 14 WAUKETA ROAD SALEM, MA 01970 SALEM, MA 01970 GLOUCESTER, MA 01 930-1 424 Parcel ID: 26-0577-0 Parcel ID:26-0590-0 Parcel ID:26-0591-0 OSHEA JAMES JR MARGARET K.S.TWOHEY DARROW A. LEBOVICI OSHEA ARLENE R TWOHEY MARGARET/LEBOVICI LEBOVICI DARROW/TWOHEY M 1 LYNN STREET 122 FEDERAL STREET 122 FEDERAL ST SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0597-0 Parcel ID:26-0598-0 Parcel ID: 26-0602-0 COUTURE ERIK D NICHOLAS JEFFREY CARR JOHN H JR 10 ANDOVER STREET ROURKE KERRY CAROL P SALEM, MA 01970 6 ANDOVER ST 7 RIVER STREET , SALEM, MA 01970 SALEM, MA 01970 Parcel ID: 26-0603-0 Parcel ID:26-0604-0 Parcel ID:26-0605-0 KNIGHT ANN H JOHNSON RICHARD L ESCHAUZIER PETER G 11 RIVER STREET JOHNSON CYNTHIS M ESCHAUZIER JAN N SALEM, MA 01970 13 RIVER STREET 15 1/2 RIVER STREET SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0607-0 Parcel ID:26-0609-0 Parcel ID:26-0616-0 LARSON WILLIAM GALVIN JOSEPH J JR WAKEHAM LYNDSEY S. BRANDT BARBARA A GALVIN PHYLLIS J WAKEHAM BRENDAN M. 17 RIVER ST 15 SUMMIT STREET 4 RIVER ST SALEM, MA 01970 W.SOMERVILLE, MA 02144 SALEM, MA 01970 Parcel ID: 26-0617-0 Parcel ID: 26-0622-0 Parcel ID:26-0638-0 COX IAN J HART DAVID M STORRS MARY LEE COX CAROLINE V CLEARY BARBARA A 26 BECKFORD ST 2 RIVER ST 104 FEDERAL STREET SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 A� Parcel ID:26-0641-0 Parcel ID:26-0513-0 Parcel ID:26-0521-0 WHITTIER STEPHEN D GRIFFIN RICHARD W OVERLOOK S M, LLC WHITTIER ANN GRIFFIN CYNTHIA L 15 BOAR N LANE 10 RIVER ST 14 BECKFORD STREET TOPS LD, MA 01983 SALEM, MA 01970-3202 SALEM, MA 01970 Parcel ID:26-0525-0 Parcel ID:26-0596-0 Parcel ID:26-0637-0 BARRETT HOLLY DEXTER MCNEILL BARBARA A STAUFFER RICHARD K 3 BECKFORD ST 12 ANDOVER ST STAUFFER JANE C SALEM, MA 01970 SALEM, MA 01970 28 BECKFORD ST SALEM, MA 01970 Parcel ID: 26-0535-801 Parcel ID:26-0535-802 Parcel ID:26-0544-801 RILEY KATHLEEN R LIPTON FRED WILKS KATHERINE M DUGUAY STEPHEN J LIPTON LINDA WETHERBEE SARAH J 117 FEDERAL STREET UNIT 117 119 FEDERAL STREET UNIT 119 356 ESSEX STREET U1 SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0544-802 Parcel ID: 26-0594-801 Parcel ID:26-0594-802 NOWAK NICHOLAS S ABREU NATALIA S DEMATTEIS JULIE 356 ESSEX STREET U2 108 FEDERAL STREET U1 108 FEDERAL STREET U2 SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0594-803 Parcel ID:26-0594-804 Parcel ID:26-0594-805 PAPPAS MEGHAN DALY JAMES T CARON JOEL 110 FEDERAL STREET U1 110 FEDERAL STREET U2 4 ANDOVER STREET SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0600-801 Parcel ID: 26-0600-802 Parcel ID: 26-0521-801 GILLIGAN DONALD D DAVID A.TRAINOR REV GUERRIERO ROBERT MANISCALCO REGINA L TRAINOR DAVID A TR GUERRIERO CHRISTINE M 2 ANDOVER STREET UA 25 BECKFORD STREET UB 328 ESSEX STREET U1 SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID: 26-0521-802 Parcel ID:26-0521-803 Parcel ID: 26-0521-804 ROSENFELD LINDA CANTOR MASSACHUSETTS STANTIEL THOMAS E ROSENFELD HARVEY CANTOR HOWARD/ROBERTA GALLERY MELISSA A 324-328 ESSEX ST UNIT 2 9 EDMUNDS COVE ROAD 328 ESSEX STREET U4 SALEM, MA 01970 DANVERS, MA 01923 SALEM, MA 01970 Parcel ID:26-0521-805 Parcel ID: 26-0531-802 Parcel ID: 26-0531-803 ZOHN LEE E DEISLEY JOSEPH R CRELIN JOY E HENRICKSON-ZOHN HEIDI 107 FEDERAL ST UNIT 2 SPENCER LELAND S 324 ESSEX STREET U5 SALEM, MA 01970 107 FEDERAL STREET U3 SALEM, MA 01970 — SALEM, MA 01970 Parcel ID: 26-0056-0 Parcel ID: 26-0 -801 d Parcel ID:26-0593-802 MURTAGH PATRICIA ANN SAVIANO IEA TUTTLE PAUL M JR 8 LYNN STREET 112 FE L STREET U1 TUTTLE LESLIE F SALEM, MA 01970 SAL MA 01970 114 FEDERAL STREET U2 SALEM, MA 01970 Parcel ID:26-0508-801 Parcel ID:26-0508-802 Parcel ID:26-0502-0 SOPER STACEY E GWIN JAMES FEDERAL COURT REALTY SOPER MYRNA F LUCHT JENNIFER JOANNA PEABODY/MARY 101 FEDERAL STREET U101 103 FEDERAL STREET U103 53 CHARTER STREET SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0510-0 Parcel ID:26-0512-0 Parcel ID:26-0514-0 SALLAH CHRISTOPHER M TINT] WILLIAM J GRIFFIN RICHARD L LEVIN JOCELYN E HESTER L GRIFFIN CYNTHIA W 22 BECKFORD STREET 16 BECKFORD STREET 14 BECKFORD ST SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID: 26-0515-0 Parcel ID:26-0517-0 Parcel ID:26-0519-0 CASSELLA JOHN W 344 ESSEX STREET SALEM DOUCETTE JANET S CLAIRE T SZCZECHOWICZ MARY CAROL 34 C ESSEX STREET 8 BECKFORD STREET 344 ESSEX STREET PEABODY, MA 01960 SALEM, MA 01970 SALEM, MA 01970 f Parcel ID:26-0508-0 Parcel ID: 26-0636-0 Parcel ID: 26-0518-0 SOPER STACEY E FRANKE-OTTEN ROLF J WILLIAMS DAVID E SOPER MYRNA F FRANKE-OTTEN CYNTHIA SHARON A 103 FEDERAL STREET U101 30 BECKFORD STREET 342 ESSEX ST SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970-3257 Parcel ID: 26-0509-0 Parcel ID: 26-0503-0 She' Parcel ID:26-0511-0 VAN DYKE STEPHEN C 6',X. vt BUNKER PAUL VAN DYKE WHITNEY R - BUNKER KIRSTIN 105 FEDERAL ST 4 FEDERAL CT 20 BECKFORD ST SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0599-0 Parcel ID: 26-0595-0 Parcel I.: 2 37-0 CARON JOEL F KEON RICHARD J MAGUIR HARON M CARON JUDITH H THOMPSON BRENT A 123 FE RAL ST 4 ANDOVER ST 11 ANDOVER ST SAL , MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0529-0 Parcel ID: 26-0621-0 Parcel ID: 26-0546-0 NAUMKEAG REALTY TRUST FRARY THOMAS JR BLUE SKY PROPERTIES, LLC COPELAS PETER JR TRS ET WELDON SUSAN 17 FOSTER STREET 135 BOSTON STREET 106 FEDERAL ST MARBLEHEAD, MA 01945 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0536-0 Parcel ID: 26-0578-0 Parcel ID:26-0594-0 MULLANEY ANTHONY C BRANDT H JEFFREY FEDERAL RY TR MULLANEY PATRICIA J ROKA PATRICIA S GODDARD W N TR 121 FEDERAL ST 3 LYNN ST 217 ESSEX ST ATTN: L DUVAL SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID: 26-0606-0 Parcel ID: 26-0625-0 LUCAS LARISSA J GAULL JAMES E 15 RIVER ST 11 CHESTNUT STREEET SALEM, MA 01970 MARBLEHEAD, MA 01945 WNW IR�mi. mm l,d sx (i, 39.,91,111+ s,�3 05/26/2016 nl' p`ti+3�� ,aisPut t,il',fj T 3 xNk�' i.Ja 3 :.tt '-,� ,n i !',Salem y Y"'" ,'iN; tst; 1if 73 i i .�t fid:, .,}PBS e 1 of 1. _s �`'; , ..Zc:tet} tNlr a Isla 3' .r., .7 3 n 'd 3 q 6.. 1 -akSS's �1*€ 4La t Ir d �.i ii Q 3, k d : 3 , 311 3 �' AN 3 a iA � I 'a r r y5rs .,+Eii�aF df,Fyw4r.yl 'Slit"" s b ""R7, - ,. ParcellD Location Owner Co-Owner Mailinq Address Citv State Zip 26-0521-801 324 328 ESSEX STREET U1 GUERRIERO ROBERT GUERRIERO CHRISTINE M 328 ESSEX STREET Ut SALEM MA 01970 26-0521-802 324 328 ESSEX STREET U2 ROSENFELD LINDA ROSENFELD HARVEY 324-328 ESSEX ST UNIT 2 SALEM MA 01970 26-0521-803 324 328 ESSEX STREET U3 CANTOR MASSACHUSETTS RLTY CANTOR HOWARD/ROBERT 9 EDMUNDS COVE ROAD DANVERS MA 01923 26-0521-804 1 324 328 ESSEX STREET U4 STANTIEL THOMAS E GALLERY MELISSA A 328 ESSEX STREET U4 SALEM MA 01970 26-0521-805 324 328 ESSEX STREET U5 ZOHN LEE E HENRICKSON-ZOHN HEIDI 324 ESSEX STREET U5 SALEM MA 01970 End of Report ''- I (26"+0 052016 +x„suf:.IrTs� ':`:...• a tit ::: i . I��, r z � `iII :h"t 2 `} ". � ��: t J € o tttr'tyai' � �-i! 'g�yi }<.!i�. IS`.:(�.. h Z• R'v� tµ';".�iY .,. �-+�t �'i�bh�h mic �p ,-. th i I?G'x'�".i::,, a". ,Sva "}d 3hi ::- of i 6xtn''h`.d- n&t7 iy.uu�M1 Yigj�„`x*';t1 io k..:. 'N. ( ;ate,!k n�ik f4� -: ;f t (��•': 3a i.!it6�w`N p�,,+� -" ;' ,yS. .'ZI�,"35"tltL�, -['iCMrL' 'a.5rti �-�#3<afr„ „r*, i ParcellD Location Owner Co-Owner Mailing Address Citv State Zip 26-0508-801 101 FEDERAL STREET U101 SOPER STACEY E SOPER MYRNA F 101 FEDERAL STREET U101 SALEM MA 01970 26-0508-802 103 FEDERAL STREET U103 GWIN JAMES LUCHT JENNIFER 103 FEDERAL STREET U103 SALEM MA 01970 End of Report r E nn Pt ia., ' ...ysva.` v. `aPi ztIS"" fl+s;Nt'a r saa ,rY:, r : n T;�. e`"' t .".tam"ak§�` ,a§ .e',>>1 T i� 05/26/2016 ' rk` 34u8 yur llEExx 3�i`a+�n: r'4 �yyraty' P` .::'v,#>""vs �.. , f�r;�( (.:i Pr'y"s��'151 ` .wtrk..{ rCp fiy � . '�' yea iii j..87+rr`� w"'a xk" xi ka alem 4{•t�r fit;! t �{ � 'g, .ti'kM . .i� l rt rPeQE1 Oft �t r +4n �'i .... yc ;.. y p 4 Ot,:. : ,trt rit` iIEi"lP u." ' sslrar;l .a 'i �.;t IH '.�; .,.: ', ' ` ; 4` `4 i1, l �rt ..ur:r: .., ...,�. ParcellD Location Owner Co-Owner Mailinq Address Citv State Zip 26-0594-801 108 FEDERAL STREET UtABREU NATALIA S 108 FEDERAL STREET U1 �GSALEM MA 01970 26-0594-802 108 FEDERAL STREET U2 DEMATTEIS JULIE 108 FEDERAL STREET U2 SALEM MA 01970 26-0594-803 110 FEDERAL STREET Ui PAPPAS MEGHAN 110 FEDERAL STREET U1 SALEM MA 01970 26-0594-804 110 FEDERAL STREET U2 DALY JAMES T - 110 FEDERAL STREET U2 SALEM MA 01970 26-0594-805 110 FEDERAL STREET U3 CARON JOEL 4 ANDOVER STREET SALEM MA 01970 End of Report Parcel ID:26- 31-801 Parcel ID:26-0615-801 Parcel ID:26-0615-802 MCCLEA KEITH W 6 RIVER STREET REALTY PAUL MARTEL 2004 MCC�RN CHRISTINE A HATCH SALLY S TR MARTEL PAUL TR 26$,LAFAYETTE STREET 233 HOPKINTON ROAD 233 HOPKINTON ROAD /SAALEM, MA 01970 CONCORD,NH 03301 CONCORD, NH 03301 Parcel ID:26-0520-802 Parcel ID:26-0623-803 Parcel ID:26-0533-802 LARRABEE BENJAMIN A KOOPMAN FREDERICK S LINDEMAN RICHARD W GRIFFIN MELANIE 102 FEDERAL ST U3 113 FEDERAL STREET U113B 330 ESSEX STREET U2 SALEM,MA 01970 SALEM, MA 01970 Salem, MA 01970 Parcel ID:26-0592-804 Parcel ID:26-0533-801 Parcel ID:26-0601-801 OCONNOR URSULA LINDEMAN RICHARD W VON BRUNS CHARLES P 116 FEDERAL ST U3 113 FEDERAL STREET U113A ELAINE R SALEM,MA 01970 SALEM, MA 01970 3 RIVER ST U2 SALEM,MA 01970 Parcel ID:26-0592-802 Parcel ID:26-0516-801 Parcel ID:26-0516-804 GLICK MELANIE B CONNOLLY CHRISTINE M MCKEE JEFFREY GLICK STEVEN A 65 TREBLE ROAD MCKEE PAMELA B 116 FEDERAL ST U1 BILLERICA, MA 01821 4 BECKFORD ST U4 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0516-803 Parcel ID:26-0592-803 Parcel ID:26-0516-802 FALLON CHRISTINE C SAUVE GARY A KENEALEY ANDREW 4 BECKFORD ST U3 SAUVE CYNTHIA A HEYWOOD LIANNE SALEM,MA 01970 116 FEDERAL ST U2 2 BECKFORD ST U2 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0505-802 Parcel ID:26-0624-802 Parcel ID:26-0623-801 KENDALL ROBERT F SULLIVAN DAVID JOSEPH E.HOMAN 1112012 KENDALL JANET A 100 FEDERAL ST U2 HOMAN JOSEPH E TR 95 FEDERAL STREET U2 SALEM,MA 01970 ONE KIMBALL COURT SALEM,MA 01970 SALEM,MA 01970 Parcel ID:26-0592-801 Parcel ID:26-0624-801 Parcel ID:26-0520-801 TERZIAN DONNA HENDERSON MITCHELL V HUGH F.PYLE TRUST OF 1307 89th STREET NW 100 FEDERAL ST U1 PYLE HUGH/DEGUZMAN DIANE BRADENTON, FL 34209 SALEM, MA 01970 330 ESSEX STREET U1 SALEM, MA 01970 Parcel ID:26-0623-802 Parcel ID:26-0624-803 Parcel ID:26-0601-802 WILLIAMSON MARY ANNE CHOJNICKI MARIANNE A VON BRUNS CHARLES P 102 FEDERAL ST U2 100 FEDERAL ST U3 ELAINE R SALEM, MA 01970 SALEM,MA 01970 3 RIVER ST U2 SALEM,MA 01970 Parcel ID:26-0505-804 Parcel 6:23-?565-8011," Qf V Parcel ID:26-0505-803 FLADGER JO ANNE AYDELO WILLIAM E ) COMRIE DENAE H 95 FEDERAL ST U4 95 FE RAL ST U1 `,�/"" 95 FEDERAL ST U3 SALEM,MA 01970 SAS M,MA 01970 SALEM, MA 01970 Parcel ID:26-0592-805 Parcel ID:26-6524-801 Parcel ID:26-0524-802 TRINDADE MONICA BOGACZ ELYSE S MOORE CHRISTOPHER D _ 116 FEDERAL ST U-4 348 ESSEX STREET U1 BENNETT ANDREA SALEM, MA 01970 SALEM, MA 01970 348 ESSEX STREET U2 SALEM, MA 01970 a .. Fst :°Edit ftecactJ,r•Alaurcate Prc+cr •=-UtgfsEec' Toa1s apt ana Hd(y �'4Ea€� -`.:: h ,indexed By PaIM17777,„ Card# Add Mod De1 C.da ,1 Ca e' PerceIID.26D5059Di: '' .ar2Cadi � icLacatia 55;'EEDEiAL STRGfT Ui�SLE' ....._:Most $6279b0._ '? se-- Current Owner Fx' Prior Owner -s. ID ctofs/Taxes x sJl mn w,fl, c.*3;EP s yvs amrr_ in tt a Tnla ,.._v ...__.., st NamW> - e Fmrs1.N a 'Ow #1 LEACH DAVID [ t i ji42LACHAPELLE }jLAU E J ICY ., II $lveet iti'95 FEDERAL ST Ul lbpe#t { _ Street p 5�o�c Secy#2 Ype#2 � $ " tytTown SALEM SPa-Sac#3 3ypett9 _.. � PrbvincelSta(e:MA t Postai D1970 °' r ?�unYPo DQ P. MM/DD/YYYY LegalRolerence; 3 4F C a uyfalid Qwt7Br.,J✓ Mau F jQwner Qaouplpd ala Date 41 '?C Ou7ner Laakup Number 36084 � Sales Exemptions `.. More Owners !�Olher Pasties = ,�: �� Open 5126/2016 r1114AM � Dwnership Information 2 [ 13231 1 4uickbsU r • r m. {, 'Asse Pra 4.5Al4tt4 Sat m CC# czE rp33[3zze3ag . sIll � . _ .,:. w FfEr �`ftaa F�carcY_PJatSa �Pra&Pss u'blit%s Tuo-1�':^„Pki�.ns, #a�ip Status a .,�;�.... .`�' '" Inderad By r Parcel lD, Caid# _ Add- Mad DSI S ,e Carel W4 Parcell©T26U`31.;:807 -`'�*Car€111- �"locah8r147�fEq�{3A: T�i�ET U1�5'AL Cpst $1�'�8�f1`- : Current Owner s"'4 ' Prior Owner _ µ" IDlFaclors/Taxes - rnz ... X I'K 1 1.aal Name, ,.. -Resu:;-Awn I , 1: JAGOLTA 2: "a" Siieet#1 41 CHESTNUT STREET 1°C Sec#Tq x{�.YPe Ii - Stree #2 Sac Sec#2 vIT e#2�� "�s GIYiTawn.SALEM � Ssis.`$ec#� tType#3�w.:;� .t PravinCe/$tdte;MAPostal 01970 F''� �Accauntfi e I DOB MM/DD/YWY Le§a(FteEerence 3q 70� Jr`_ j Vand Owner E9�$ t' Wkw Owner Occupied Sale at 12V201' .,Owner Lookup Number 35933 h Sales -" Eaem tions _ More Owners Olher Parties r = . .. ,,-Open „ 5/26/2016 11:05AM � 22271,:a3.duwkList 1 r Parcel ID:26-0535-801 Parcel ID:26-0535-802 Parcel ID:26-0544-801 RILEY KATHLEEN R LIPTON FRED WILKS KATHERINE M DUGUAY STEPHEN J LIPTON LINDA WETHERBEE SARAH J 117 FEDERAL STREET UNIT 117 119 FEDERAL STREET UNIT 119 356 ESSEX STREET U1 SALEM,MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0544-802 Parcel ID:26-0594-801 Parcel ID:26-0594-802 NOWAK NICHOLAS S ABREU NATALIA S DEMATTEIS JULIE 356 ESSEX STREET U2 108 FEDERAL STREET U1 108 FEDERAL STREET U2 SALEM,MAO 1970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0594-803 Parcel ID:26-0594-804 Parcel ID:26-0594-805 PAPPAS MEGHAN DALY JAMES T CARON JOEL 110 FEDERAL STREET U1 110 FEDERAL STREET U2 4 ANDOVER STREET SALEM, MA 01970 SALEM,MA 01970 SALEM, MA 01970 Parcel ID:26-0600-801 Parcel ID:26-0600-802 Parcel ID:26-0521-801 GILLIGAN DONALD D DAVID A.TRAINOR REV GUERRIERO ROBERT MANISCALCO REGINA L TRAINOR DAVID A TR GUERRIERO CHRISTINE M 2 ANDOVER STREET UA 25 BECKFORD STREET UB 328 ESSEX STREET Ut SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0521-802 Parcel ID:26-0521-803 Parcel ID:26-0521-804 ROSENFELD LINDA CANTOR MASSACHUSETTS STANTIEL THOMAS E ROSENFELD HARVEY CANTOR HOWARD/ROBERTA GALLERY MELISSA A 1 324-328 ESSEX ST UNIT 2 9 EDMUNDS COVE ROAD 328 ESSEX STREET U4 SALEM,MA 01970 DANVERS, MA 01923 SALEM, MA 01970 Parcel ID:26-0521-805 Parcel ID:26-0531-802 Parcel ID:26-0531-803 ZOHN LEE E DEISLEY JOSEPH R CRELIN JOY E HENRICKSON-ZOHN HEIDI 107 FEDERAL ST UNIT 2 SPENCER LELAND S 324 ESSEX STREET U5 SALEM, MA 01970 107 FEDERAL STREET U3 SALEM,MA 01970 / SALEM, MA 01970 Parcel ID:26-0056-0 ParceIID: -0593-801 Parcel ID:26-0593-802 MURTAGH PATRICIA ANN SAVIA JULIE A TUTTLE PAUL M JR 8 LYNN STREET 112 DERAL STREET U1 TUTTLE LESLIE F SALEM, MA 01970 S EM,MA 01970 114 FEDERAL STREET U2 SALEM, MA 01970 Parcel ID:26-0508-801 Parcel ID:26-0508-802 Parcel ID:26-0502-0 SOPER STACEY E GWIN JAMES FEDERAL COURT REALTY SOPER MYRNA F LUCHT JENNIFER JOANNA PEABODY/MARY 101 FEDERAL STREET U101 103 FEDERAL STREET U103 53 CHARTER STREET SALEM, MA 01970 SALEM,MA 01970 SALEM,MA 01970 Parcel ID:26-0510-0 Parcel ID:26-0512-0 Parcel ID:26-0514-0 SALLAH CHRISTOPHER M TINTI WILLIAM J GRIFFIN RICHARD L LEVIN JOCELYN E HESTER L GRIFFIN CYNTHIA W 22 BECKFORD STREET - 16 BECKFORD STREET 14 BECKFORD ST SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:26-0515-0 Parcel ID:26-0517-0 Parcel ID:26-0519-0 CASSELLA JOHN W 344 ESSEX STREET SALEM DOUCETTE JANET S CLAIRE T SZCZECHOWICZ MARY CAROL 34 C ESSEX STREET 8 BECKFORD STREET 344 ESSEX STREET PEABODY, MA 01960 SALEM, MAO 1970 - SALEM, MA 01970 III +w Y €v t .,. 1 11,`"" 11 Rnre{v�P,a 9;&x.�s"� us ! tfr svj € a" ,>A. MMR M "iN 4 :yy fist Myi:P unusH& 'fi,MFShLAW Ss ! fI � t GS r(� AessPro 454/4564 Salem E9,vnershp/ID.fifa 1tAfi s! ,? - iuntM•!?M{4r.:.MM%: YrxiY h''+.,!„ s r �:i' .e. t.,.t$it _ Str'^�' '' u........_.....�.g4gr ss �. Fde''.E3I Rerssrcf hta'a6a?e Ftactss3mU'#ihr€sµ` Tc+g3 4gt€:.+ ;< #.eElsS£aktt* a., �ax4 ' "` x Parcel D Card# I Add -Mod Del 't SauM'iCanrel'fo;V�v 21 4 13 .Parcel lD 2 _063�BOT r.. .'..�' _ Gard t_;n( ;; tie tgni °FEAERALST♦'tEET-Ut f�£..».of 73i'i� Current Owner " - Pnor Owner ID/Factors/Taxes , WPIN vs.> .r' s vaa- �T 3G L"Name !,t s er'rfirstnameJ.{ R >f0 rt d7 IZIPPILLI_ _ � STEPHEN C_ - t #2 � HART LORI a # .. Ir f ! SIt�eetAT ERAL STREET U1 -71 Skreet#2 aoceR t(2 TgRe# F�' C{ty/Towgn SALEM Sot eee#3 Tyree lt3f a 4� Paovtnce/State.MA PasEal 01970 :! , kacoun� ie{ " $ yy Country'Gode h dvl i Be.�paratgr+I �" :.ter s .- a ya ! Ual€dOwneiT✓r�u��I �NDOB MM/DDM YY Le al Reference OwneiAccupfedr -M. Sale it F 753CtT n I�inetLook Nt+mkEet: 36?67 a Sales Exemotions - 'More Owners=_ € Other Parkes -- --- ` .: y Open 5/26/2016 .: 17:30AM .:; - Ownership lnformahon 22876 � 4uickList i . J CITY OF SALEM, MASSACHUSETTS 9a 6jq' 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 �`°� mE��t• TELE:978-745-9595 * FAX:978-740-9846 KIMBERLEY DRISCOLL MAYOR Department of Planning and Community Development MEMORANDUM TO: City Solicitors Office-Beth Rennard and Victoria Caldwell FROM: Erin Schaeffer, Staff Planner CC: Tom St. Pierre, Building Commissioner and Zoning Officer DATE: 2/25/2016 RE: 107 Federal Street—Arlander v. Sinclair, CA No. 2014-10506 On February 17, 2016, the Zoning Board of Appeals held a discussion an vote on the above matter with the following Salem Board of Appeal members present: Peter A. Copelas (Vice- Chair),Mike Duffy,Tom Watkins,Jimmy Tsitsinos,Jim Hacker (alternate). On this date the Board of Appeals voted five (5) in favor (Peter A. Copelas (Vice- Chair), Mike Duffy,Tom Watkins,Jimmy Tsitsinos,Jim Hacker (alternate) and none (0) opposed to authorize the execution of Agreement for Judgement in the Superior Court action,Arlander v. Sinclair, CA No. 2014-1030B as recommended by the City Solicitor's Office. Rebecca Curran, Chair Board of Appeals 01/1.9/2016 12:06 9788250068 JOHN H. CARR, JR. PAGE ' 06/07 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO: 2014-1050B JANE ARLANDER, CAROL CARR,DONALD ) GILLIGAN,DARROW LEBOVICI, and REGINA j MANISCALCO, PLAINTIFFS ) V. ) RODNEY SINCLAIR, and REBECCA CURRAN, ) RICHARD DIONNE, MIKE DUFFY,ANNIE HARRIS, ) THOMAS WATKINS, PETER A. COPELAS, and JAMES ) TSITSINOS, BEING THE REGULAR AND FIRST AND ) ALTERNATE MEMBERS OF THE ZONING BOARD OF ) APPEAL OF THE CITY OF SALEM,MASSACHUSETTS, ) DEFENDANTS ) AGREEMENT FOR TQlDg DENT AGREEMENT made as of the day of February 2016 by and between all of the remaining parties in the above-entitled action,namely Plaintiffs Jane Arlander, Carol Carr, Donald Gilligan,Darrow Lebovici, and Regina Maniscalco, and Defendants Rebecca Curran, Richard Dionne,Mike Duffy,Annie Harris,Thomas Watkins, Peter A. Copelas, and James Tsitsinos,being the regular and alternate members of the Zoning Board Of Appeals of the City of Salem, Massachusetts. WHEREAS, Defendant Rodney Sinclair (hereinafter"Sinclair')obtained a Special Permit to allow the operation of a non-conforming real estate consulting office on the first floor of 107 Federal Street, Salem, Massachusetts (hereinafter"107 Federal Street"), which property is located in a two-family (R-2)residential zoning district; and WHEREAS,by Decision dated June 10,2014,the City of Salem Zoning Board of Appeals (hereinafter "Salem ZBA") granted said Special Permit; and WHEREAS, Plaintiffs Jane Arlander,Carol Carr, Donald Gilligan,Darrow Lebovici, and Regina Maniscaloo Sled a timely Complaint with this Court appealing said June 10, 2014 Decision of the Salem ZBA(hereinafter"ZBA Decision's on the grounds that said ZBA Decision was/is arbitrary, capricious,unreasonable,violated due process,exceeded the Board's authority,was based on legally and factually untenable grounds, and was wrong as a matter of law;and WHEREAS, an appearance was timely filed in this action by Defendant Salem ZBA; and 01/19/2016 12:06 9788250068 JOHN H. CARR, JR. PAGE 07/07 WHEREAS,Defendant Rodney Sinclair was served in hand with a copy of the Plaintiffs' within June 27,2014 Complaint on July 1,2014, as well as by certified mail dated July 2, 2014; and WHEREAS Defendant Rodney Sinclair has not filed an appearance or answer in this action; and WHEREAS Defendant Rodney Sinclair is no longer occupying 107 Federal Street, Salem,Massachusetts and vacated said premises some time ago; and WHEREAS the Plaintiffs and Defendant Salem ZBA have no knowledge of the present whereabouts of Defendant Rodney Sinclair; and WHEREAS,the Plaintiffs and Defendant Salem ZBA have reached the within Agreement For Judgment settling all of the issues in this action between them, as hereinafter provided; and WHEREAS, Counsel for Defendant Salem ZBA obtained approval from the Salem ZBA, and authorization to sign the within Agreement For Judgment in its behalf, at the February , 2016 meeting of the Salem ZBA; NOW,THEREFORE,in consideration of the mutual promises,agreements, and covenants herein contained, and other good and valuable consideration, the receipt whereof is hereby acknowledged,the Plaintiffs and Defendant Salem ZBA hereby mutually agree as follows: 1. The June 10,2014 Decision of the Salem ZBA is hereby annulled,nullified, and voided in its entirety, and that Judgment with prejudice, so annulling, nullifying, and voiding said June 10, 2014 Salem ZBA Decision, shall enter forthwith in favor of the Plaintiffs. 2. Each of the parties shall be solely responsible for his,her, or its own attorneys fees and costs in connection with this action. 3. All rights of appeal are hereby waived. Witness our hands and seals as of as of the day of January 2016 by the Plaintiffs and as of January , 2016 by Defendants Salem ZBA. Salem Zoning Board of Appeals, Plaintiffs Jane Arlaoder et al, By its attorney, By their attorney, Elizabeth M. Renard,Esq. John H. Carr, Jr., Esq. Salem City Hall 9 North Street 93 Washington Street Salem,MA 01970 Salem, MA 01970 (978) 8971264 (978) 745-9595 BBO#075280 BBO#64777 -2 . RECEIVED John H. Carr, Jr., Esq. AUG 23 2016 9 North Street DEPT. OF Salem, MA 01970 COMMUNITY DEVELOPMENT � � *1 [Q PLANNING & Phone: 978-&25-QQpj'07�YLL / T Fax: 978-825-0068 FyLE,kugust 22, 2016 @ttY t' Erf1C Sf&Mi mok,&s: By Hand Salem City Clerk Salem City Hall 93 Washington Street Salem, MA 01970 Re: Jane Arlander, et al. v. Richard Jagolta, et al. Essex Superior Court Docket N. 16-1274D Dear Madam Clerk: Enclosed please find: 1. Notice To Salem City Clerk Of Plaintiffs'Appeal To Essex Superior Court From August 3, 2016 Decision of the Salem Zoning Board of Appeals Granting a Special Permit To Richard Jagolta Concerning 107 Federal Street, Salem, Massachusetts (Salem Assessor's Map 26, Lot 531; 2. Attached copy of Plaintiffs' Complaint Pursuant To M.G.L. Chapter 40A, Section 17 Appealing the August 3, 2016 Decision of the Salem Zoning Board of Appeals Granting a Special Permit To Richard Jagolta Concerning 107 Federal Street, Salem, Massachusetts (Salem Assessor's Map 26, Lot 531) bearing the date-stamp and docket number of the Essex Superior Court. Would you or someone from your office kindly date-stamp and file same, and also acknowledge receipt of the foregoing by date-stamping the enclosed copies of this letter . and said Notice and return same with our messenger. Thank you in advance for your attention to the fore Ding. ery truly o r John . Carr r. Enc. Cc Salem City Solicitor Elizabeth Renn —By Hand Plaintiffs - By Hand COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO: 16-1274D JANE ARLANDER, DARROW LEBOVICI, DAVID ) TRAINOR, MARIBETH KEEFE, JAMES ) DALY, CAROL CARR, JOSIAH FISKE, STEPHEN ) WHITTIER, ANN WHITTIER, CHARLES VON BRUNS, ) and ELAINE VON BRUNS, ) PLAINTIFFS ) {. e V. ) e, r a rn c RICHARD JAGOLTA and REBECCA CURRAN, PETER COPELAS, MIKE " N p; DUFFY, JIMMY TSITSINOS, TOM WATKINS, JIM ) O HACKER, and PAUL VICCICA, BEING THE ) 3 REGULAR and ALTERNATE MEMBERS OF THEtp ) ZONING BOARD OF APPEALS OF THE CITY OF ) c SALEM, MASSACHUSETTS, ) DEFENDANTS ) NOTICE TO SALEM CITY CLERK OF PLAINTIFFS' APPEAL TO ESSEX SUPERIOR COURT FROM AUGUST 3,2016 DECISION OF THE SALEM ZONING BOARD OF APPEALS GRANTING A SPECIAL PERMIT TO RICHARD JAGOLTA CONCERNING 107 FEDERAL STREET, SALEM,MASSACHUSETTS (SALEM' ASSESSOR'S MAP 26, LOT 531) 1, John H. Carr, Jr., attorney for the Plaintiffs in the above-entitled action, hereby give notice to the City Clerk of the City of Salem, Massachusetts and to the Salem Zoning Board of Appeals that said Plaintiffs have filed a civil Complaint with the Essex Superior Court appealing the August 3, 2016 Decision of the Salem Zoning Board of Appeals granting a Special Permit to Richard Jagolta concerning 107 Federal Street, Salem, Massachusetts (Salem Assessor's Map 26, Lot 531), which property is located in an R-2 (two family residential) Zoning District. Said August 3, 2016 Salem Zoning Board of Appeals Decision was filed with the office of the Salem City Clerk on August 3, 2016. A copy of said Complaint filed as Essex Superior Court Civil Action No. 16-1274D on August 22, 2016, bearing the date-stamp of the Essex Superior Court, is attached hereto. Respectfully submitted, Jane Arlander,et al., By their attorney, August 22, 2016 John H. C , Jr., s 9 No eet Sale A 01970 (97 ) 07-3264 # 075280 - 2 - COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT / CIVIL ACTION NO: JANE ARLANDER, DARROW LEBOVICI, DAVID ) TRAINOR, MARIBETH KEEFE, JAMES ) DALY, CAROL CARR, JOSIAH FISKE, STEPHEN ) WHITTIER, ANN WHITTIER, CHARLES VON BRUNS, ) K o and ELAINE VON BRUNS ) c-, PLAINTIFFS ) 7 c' V. r+a T RICHARD JAGOLTA and ) V REBECCA CURRAN, PETER COPELAS, MIKE DUFFY, JIMMY TSITSINOS, TOM WATKINS, JIM , HACKER, and PAUL VICCICA, BEING THE REGULAR and ALTERNATE MEMBERS OF THE ZONING BOARD OF APPEALS OF THE CITY OF ) N Mr' SALEM, MASSACHUSETTS, ) -:50 DEFENDANTS ) � -77 C) COMPLAINT PURSUANT TO M.G.L. CHAPTER 40A, SECTION 17 APPEALING THE AUGUST 3,2016 DECISION OF THE SALEM ZONING BOARD OF APPEALS GRANTING A SPECIAL PERMIT TO RICHARD JAGOLTA CONCERNING 107 FEDERAL STREET, SALEM, , MASSACHUSETTS (SALEM ASSESSOR'S MAP 26,LOT 531) This is an appeal from a Decision of the City of Salem, Massachusetts Board of Appeals (hereinafter"ZBA" or"Salem ZBA"), dated August 3, 2016, and filed with the Salem City Clerk on August 3, 2016 granting a Special Permit to Richard Jagolta to convert the first floor of 107 Federal Street, Salem, Massachusetts into a residential unit, which property is located in an R-2 Zoning District, on the grounds that said ZBA Decision was arbitrary, capricious, unreasonable, violated due process, exceeded the Board's authority, was based on legally and factually untenable grounds, and was wrong as a matter of law. A certified copy of said August 3, 2016 Decision is attached hereto as Exhibit A. PARTIES Plaintiffs 1. Plaintiff, Jane Arlander, is a trustee and beneficiary of the Jean C. Arlander Real Estate Trust which owns 93 Federal Street, Salem, Massachusetts, which property is located within 300 feet of 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. Ms. Arlander also resides at 93 Federal Street. 2. Plaintiff, Darrow Lebovici, is a trustee and beneficiary of the Margaret K. S. Twohey Revocable Trust of 2013, which owns 122 Federal Street, Salem, Massachusetts. 122 Federal Street, where Mr. Lebovici resides, is located within 300 feet of 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. In addition, Mr. Lebovici is a trustee and beneficiary of the Darrow A. Lebovici Revocable Trust of 2013, which owns 120 Federal Street, Salem, Massachusetts, which property is likewise located within 300 feet of 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. 3. Plaintiff,.James Daly, owns and resides at Unit 2, 110 Federal Street, Salem, Massachusetts, which is located directly across 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. 4. Plaintiffs, David Trainor and Maribeth Keefe, are husband and wife who own and reside at Unit B, 2 Andover Street, Salem, Massachusetts, which is located directly across 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. 5. Plaintiff, Carol Carr, owns and resides at 7 River Street, Salem, Massachusetts, which is located within 300 feet of 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. 6. Plaintiff, Josiah Fiske, owns and resides at 358 Essex Street, Street, Salem, Massachusetts, which is located within 300 feet of 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. 7. Plaintiffs, Stephen Whittier and Ann Wittier, are husband and wife who own and reside at 10 River Street, Salem, Massachusetts, which is located within 300 feet of 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. 8. Plaintiffs, Charles von Bruns and Elaine von Bruns, are husband and wife who own and reside at 3 River Street, Salem, Massachusetts, which is located within 300 feet of 107 Federal Street, and thus, within the 300-foot notice requirement of the Salem Zoning Ordinance. Defendants 9. Defendant, Richard Jagolta, LLC (hereinafter" Mr. Jagolta"), who owns and resides at 41 Chestnut Street, Salem, Massachusetts 01970, is the owner of Unit No 1 in The 107 - 2 - Federal Street Condominium, 107 Federal Street, Salem, Massachusetts 01970, and is the petitioner/beneficiary of the August 3, 2016 ZBA Decision herewith being appealed. 10. Defendant, Rebecca Curran, also known as Rebecca Curran, who resides at 14 Clifton Avenue, Salem, Massachusetts 01970, is a regular Member and the Chair of the Salem ZBA who voted to grant said Special Permit at the July 20, 2016 hearing of the Salem' ZBA. 11. Defendant, Peter Copelas, who resides at 40 Warren Street, Salem, Massachusetts 01970, is a regular Member of the Salem ZBA who voted to grant said Special Permit at the July 20, 2016 hearing of the Salem ZBA. 12. Defendant, Jimmy Tsitsinos, also known as James Tsitsinos, who resides at 55 Lawrence Street Unit#2, Salem, Massachusetts 01970, is a regular Member of the Salem ZBA who voted to grant said Special Permit at the July 20, 2016 hearing of the Salem ZBA. 13. Defendant, Paul Viccica, who resides at 35 Broad Street, Salem, Massachusetts 01970, is an Alternate Member of the Salem ZBA who voted to grant said Special Permit at the July 20,2016 hearing of the Salem ZBA. 14. Defendant, Mike Duffy, also known as Michael Duffy, who resides at 1 Warren Court, Salem, Massachusetts 01970, is a regular Member of the Salem ZBA who was not present at the July 20, 2016 hearing on Mr. Jagolta's petition, and thus, did not participate in the July 20, 2016 vote of the Salem ZBA which resulted in the August 3, 2016 Decision being appealed. 15. Defendant, Jim Hacker, also known as James Hacker, who resides at 4 Mayflower Lane, Salem, Massachusetts 01970, is an Alternate Member of the Salem ZBA who was not present at the July 20, 2016 hearing on Mr. Jagolta's petition, and thus, did not participate in the July 20, 2016 vote of the Salem ZBA which resulted in the August 3, 2016 Decision being appealed. 16. Defendant, Tom Watkins, also known as Thomas Watkins, who resides at 24 Surrey Road, Salem, Massachusetts 01970, is a regular Member of the Salem ZBA who was not present at the July 20, 2016 hearing on Mr. Jagolta's petition, and thus, did not participate in the July 20, 2016 vote of the Salem ZBA which resulted in the August 3, 2016 Decision being appealed. 17. All of the Plaintiffs have standing to bring this action, as all are substantially aggrieved by the August 3, 2016 Decision of the Salem ZBA granting said Special Permit. JURISDICTION 18. This Court has jurisdiction over this matter pursuant to Section 17 of Chapter 40A of the Massachusetts General Laws. - 3 - 19. This case is timely, as it has been filed within twenty (20) days from August 3, 2016, which is when the August 3, 2016 Decision of the Salem ZBA was filed with the Salem, Massachusetts City Clerk. PROCEDURAL HISTORY AND FACTUAL ALLEGATIONS 20. 107 Federal Street, Salem, Massachusetts (hereinafter"107 Federal Street") is a three story Victorian structure with a Mansard roof which is located at the southwest comer of Federal and Beckford Streets in Salem, Massachusetts in an R-2 (two family) Residential Zoning District. 21. Said property is also located in both the National Register of Historic Places and in the so-called McIntire Historic District adopted by the Salem City Council pursuant to Chapter 40C of the Massachusetts General Laws. 22. Said property purportedly consists of three condominium units, one on each of the building's three above-ground floors. 23. The second and third floors are separate residential condominium units. 24. The use of the first floor(and possibly basement) is what is under dispute in this action. 25. The northerly and easterly sides of the structure at 107 Federal Street are located directly on the Federal and Beckford Street sidewalks, and said (sole) building on the lot occupies almost all of the lot. 26. According to Section 4.1.1 of the Salem Zoning Ordinance and the R-2 zoning for the R- 2 Zoning District in which 107 Federal is located: a. The"Minimum lot area" is 15,000 square feet, as compared with 2,379 square feet for the existing lot, or only 15.86%of said minimum; b. The "Minimum lot frontage" is 100 feet, as compared with 65 feet for the existing frontage on Federal Street; c. The "Minimum lot width" is 100 feet, as compared with the approximate lot width of 55 feet at its widest; d. The "Minimum depth of front yard," also known as "front yard setback," is 15 feet, as compared with a zero (0) setback in front of the building at 107 Federal Street; e. The "Minimum width of side yards,"also known as "side yard setback" is 10 feet, as compared with zero (0) side yard setbacks along the easterly (i.e. Beckford Street side) and westerly side lot lines of 107 Federal Street; - 4 - f. The "maximum lot coverage for all buildings" is 35%, as compared with the lot coverage of the existing building, which is well in excess of the approximate 75% building lot coverage at 107 Federal Street; g. The "maximum height of buildings" is 2.5 stories, as compared with the existing grandfathered 3-story structure at 107 Federal Street. - 27. The Salem Zoning Ordinance limits density and use to two residential units in an R-2 Zoning District, as compared with the three residential uses provided in the August 3, 2016 Decision of the Salem ZBA. 28. Section 5.1 of the Salem Zoning Ordinance (entitled "Off-Street Parking")governs off- street parking in all areas of the City, including in an R-2 Zoning District 29. Section 5.1.5 (entitled "Design") of said Ordinance provides the following in relevant per: "The design of all-off-street parking facilities shall conform to the following: 1. Parking facilities shall be occupied only by passenger cars and commercial ' vehicles not exceeding seven and one-half(7.5) feet in width and eighteen (18) feet in length. 2. The minimum dimensions of stalls shall be as follows: a. Stall width shall be at least nine (9) feet. b. Stall depth shall be at least nineteen (19) feet for all angle parking... Such dimensions may include no more than two (2) feet of any landscaped setback area adjacent to the front or rear of a stall and used for bumper overhang. . . 5. Parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle." Emphasis added. 30. Section 5.1.6 (entitled "Setbacks") of the Salem Zoning Ordinance provides the following in relevant part: "Setbacks for parking areas shall be provided as follows: 1. In all districts parking stalls in parking lots shall be set back from the street lot line to whatever extent may be necessary in the specific situation, as determined by the Building Commissioner, to avoid the probability of cars backing or otherwise maneuvering on the sidewalk upon entering or leaving the stalls. In no case shall parking lots be designed to require or encourage cars to back into a public or private way in order to leave the lot. Emphasis added. - 5 - F 2. The surfaced area of a parking lot and all entrance and exit drives shall be set back a minimum of two (2) feet from all lot lines, except where an access driveway crosses the street lot line." Emphasis added. 31. Section 5.1.8 (entitled "Table of Required Parking Spaces") of the Salem Zoning Ordinance provides for the following parking in an R-2 Zoning District: "One and one- half(11/2) spaces per dwelling unit,with a minimum of two (2) spaces, plus one (1) space for each home occupation. Emphasis added. 32. Notwithstanding Mr. Jagolta's claims that there are 8 parking spaces at 107 Federal Street, there are only three (3)parking spaces, i.e. one for each of the purported three units, and these do not conform to the foregoing dimensional requirements for such spaces. 33. In prior years there was a free-standing,outdoor telephone booth at the northwestern (front) corner of the existing structure, which is a further rebuttal of Mr. Jagolta's historical claims of the number of legitimate parking spaces at 107 Federal Street. 34. The existing lot, structure, density (both in terms of structure and use),and parking at 107 Federal Street property already violates in several material respects the relevant maximums or minimums of an R-2 Zoning District, even before taking into account the Special Permit approved by the Salem ZBA in its August 3, 2016 Decision. 35. According to the August 3, 2016 ZBA Decision, 107 Federal Street is believed to have been constructed "around 1880," long before the advent of zoning in Salem. 36. It was built by a grocer named John Chandler, who in 1897 also built the colonial revival, single-family dwelling as his own residence at 106 Federal Street (located at the northeast corner of Federal and Beckford Streets, directly opposite 107 Federal at the southwest corner of said intersection), and at about the same time, the Queen Anne dwelling immediately abutting 107 Federal Street at 21 Beckford Street to the south. 37. Mr. Chandler also owned the 181h century dwelling at 7 River Street constructed by his grandfather, a housewright also named John Chandler, who emigrated from Ireland and was an officer on the side of the Colonies during the American revolution. 38. The first floor of 107 Federal Street was operated as a local grocery store up until the time of Mr. Chandler's death on January 29, 1903. 39. Thereafter the first floor of 107 Federal Street continued to be operated as a local grocery store, with residential uses on the second and third floors. 40. 107 Federal Street was operated as a local variety store until 1995, at which time the commercial use was changed from a local variety store to a plant store known as "The Plant Branch." - 6 - 41. By Special Permit Decision dated March 15, 1995, filed with the Salem City Clerk on April 3, 1995 (hereinafter"March 15, 1995 ZBA Decision"), the conversion of the commercial use of the first floor of 107 Federal Street from a local variety store to a plant store was formally approved by the Salem ZBA pursuant to Section 3.2.2 of the Salem Zoning Ordinance. 42. Article 3.3.2 of the Salem Zoning Ordinance, entitled"Nonconforming Uses,"provides the following in relevant part: The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to non conforming uses may be considered by the Board of Appeals...2. Change from one nonconforming use to another, less detrimental, nonconforming use. Emphasis added. 43. At some point in 2006 1.07 Federal Street was purchased by Keith A. McCleam and Christine McCleam(hereinafter"the McClearns"or"Christine McClearn"). 44. On information and belief it was the McClearns who condominiumized 107 Federal Street. 45. At some point in 2006 Christine McClearn applied for a change in use of the first floor of 107 Federal Street to an art gallery/graphic design studio. 46. As with the earlier change of commercial use from a local variety store to the Plant Branch, said petition was likewise based on Section 3.3.2 of the Salem Zoning Ordinance. 47. By Decision dated August 17, 2006 (hereinafter"August 17, 2006 ZBA Decision"), which was entered in the office of the Salem City Clerk on September 11, 2006, Christine McCleam was granted a Special Permit by the Salem ZBA "to allow for a graphic design business and art gallery"on the first floor of 107 Federal Street in the space formerly occupied by The Plant Branch. 48. Among the explicit findings in the August 17, 2006 ZBA Decision granting a Special Permit to Christine McCleam are the following: a. The petitioner will only utilize the first floor of the property for the graphic design business. 7 b. The hours of operation of the graphic design business will be Monday-Friday during regular business hours,and the art gallery will operate during the same business hours with the only exception being an occasional Saturday or Sunday appointment as needed and an occasional evening gallery reception for artists. c. Parking for the use will be accommodated by the existing on-street parking, or the single off-street parking space at the site. d. The graphic design business shall function on an appointment only basis and shall not function as retail space. e. The art gallery shall be limited to showing paintings and photographs displayed on the walls and shall not include the display or sale of crafts, jewelry or other art-craft objects. f. There shall be only three (3) employees on site (including the business owners) at any one time for the operation of the graphic design business. Emphasis added. 49. In the (nearly) eight years between August of 2006 and May of 2014 the first floor of 107 Federal Street was rarely, if ever, used as an art gallery or graphic design studio, and said space was largely devoid of any activity whatsoever during said period. 50. By Master Deed dated November 2, 2006, and recorded at Book 26255, Page 574 at the Essex South Registry of Deeds, "The 107 Federal Street Condominium" (hereinafter "The 107 Federal Street Condominium") was created. 51. Unit I of The 107 Federal Street Condominium comprises the entire first floor of 107 Federal Street. It is presently unknown whether said Unit I also includes the basement of 107 Federal Street in whole or in part. 52. In the Spring of 2014 the McCleams leased the first floor space at 107 Federal Street to one Rodney Sinclair. 53. On or about April 30, 2014 said Rodney Sinclair filed a handwritten Petition for Special Permit to Section 3.2.2 of the Salem Zoning Ordinance to "open a real estate consulting office known as "Sinclair Solutions." 54. By Decision dated June 10, 2014 the Salem ZBA approved Rodney Sinclair's April 20, 2014 Petition For Special Permit, subject to multiple limitation conditions, including with respect to number of employees and days and hours of operation (hereinafter"June 10, 2014 ZBA Decision"). - 8 - 55. Said 2014 Sinclair Special Decision was timely appealed by a number of neighbors, which Complaint was filed with this Court on June 27, 2014 as Essex Superior Court Civil Action No. 2014-1050B. 56. Count I, paragraphs 40-44 inclusive of said Complaint alleged that"The pre-existing nonconforming uses have been discontinued for more than two years and thus are extinguished." 57. An Agreement For Judgment dated February 22, 2016 was ultimately reached, which was filed with this Court on March 2, 2016 (the intervening period being used to obtain the formal ratification of the Salem ZBA). 58. Paragraph 1 of said February 22, 2016 Agreement For Judgment provides the following: The June 10, 2014 Decision of the Salem ZBA is hereby annulled, nullified, and voided in its entirety, and that Judgment with prejudice, so annulling, nullifying, and voiding said June 10, 2014 Salem ZBA Decision shall enter forthwith in favor of the Plaintiffs. Emphasis added. 59. Mr. Jagolta acquired title to the first floor of The 107 Federal Street Condominium by Quitclaim Deed dated March 24, 2016 in full consideration of$107,000.00. 60. Said $107,000.00 consideration is $32,183.00 less than the assessed value of Unit 1 of $139,183.00. This compares with the third floor (walk-up)unit that went on the market on August 10, 2016 at an advertised list price of$199,900.00, as compared with an assessed value $190,900.00. 61. Mr. Jagolta is the head of the Salem Board of Assessors, and presumably is knowledgeable enough in real estate matters to know that by purchasing 107 Federal Street before obtaining zoning relief, he assumed the risk that such zoning relief would be denied, or if obtained, overturned. 62. On information and belief, Mr. Jagolta, is also a graduate of Princeton and the Wharton School of Finance of the University of Pennsylvania, and primarily earns his living from real estate investments. 63. However, Mr. Jagolta is also believed to derive income from the rental of his "Historic Brick Federal Period Mansion On Fabled Chestnut Street" where he advertised as late as April 9, 2016 on a website known as "HomeAway.com. Inc [US] his "6,000 square foot 6 bedroom, 3.5 bath home," built in 1810," at 41 Chestnut Street, Salem, Massachusetts at an "avg/night" rental of$903.00 and a"Minimum Stay 3-4 nights." 64. Said internet advertisment also recites that said mansion "Sleeps 12"and invites the public to also "inquire about the guest suite in the property's carriage house, which sleeps two to four people." 9 65. Mr. Jagolta's original Petition For Special Permit was date-stamped May 20, 2016 and was based on Section 3.2.2 of the Salem Zoning Ordinance. 66. An initial hearing on Mr. Jagolta's Petition was held by the Salem ZBA on Wednesday, June 15, 2016, at which there was testimony and submissions from members of the public who were either supportive or opposed to said Petition. 67. Because of the legal and factual issues raised by opponents at the June 15, 2016 ZBA hearing "the Board sought an opinion of the City Solicitor to determine whether a Special Permit per Sec 3.3.2 Nonconforming Uses was the correct form of relief required for the request. Further the Board also requested an opinion on whether a previously issued Special Permit [presumably the June 2014 Sinclair Special Permit Decision that was the subject of the February 22, 2016 Agreement For Judgment] was valid." 68. The Salem City Solicitor ultimately referred the opinion to attorney Jill Elstrom Mann of Mann& Mann, PC. 69. Plaintiffs' Counsel was later informed by the Salem City Solicitor that attorney Mann issued an initial opinion, the results of which are unknown, based on"the wrong facts." 70. On July 15, 2016 attorney Mann issued a revised legal opinion concluding that the 2006 Special Permit did not lapse as a result of the discontinuation of the permitted art gallery/graphic Design Studio for a period in excess of two years and that the conditions set forth in the 2006 McClearn Special Permit Decision were and are still valid, but that Mr. Jagolta "should have applied for a Special Permit under Section 9.4 of the [Zoning] Ordinance in accordance with Condition#7 of the 2006 Special Permit." 71. As above recited, all of the above four Special Permit Decisions relative to the first floor of 107 Federal Street rendered by the Salem ZBA over a 21-year period, including Mr. Jagolta's original May 20, 2016 Petition, were pursuant to Section 3.2.2 of the Salem Zoning Ordinance. 72. Attorney Mann's opinion did not address the February 22, 2016 Agreement For Judgment, or the extent to which said Agreement constituted res judicata as a matter of law. 73. By letter addressed to a Ms. Schaeffer received by the Salem Department of Planning & Community Development on July 18, 2016 (according to its date-stamp), Mr. Jagolta wrote "Kindly modify my application for relief pursuant to request a special permit under Section 9.4 of the Ordinance in accordance with Condition#7 of the 2006 Decision and not under Section 3.33 [sic] of the Ordinance as previously requested." 74. There was no new advertising or other public notice. 75. At the regularly scheduled meeting of the Salem ZBA on Wednesday, July 20, 2016, only two days after Mr. Jagolta's July 18, 2016 letter, and at the height of the summer vacation 10 season, the Salem ZBA approved Mr. Jagolta's revised Petition For Special Permit by a bare minimum vote of 4-0. 76. The resulting August 3, 2016 Decision of the Salem ZBA incorporating said vote was filed in the office of the Salem City Clerk also on August 3, 2016. 77. As to each of the following Counts, the Plaintiffs reaffirm,re-allege, and incorporate all of the prior allegations contained in paragraphs 1-76 inclusive above. ARGUMENT COUNTI THE SALEM ZONING BOARD'S AUGUST 3,2016 DECISION VIOLATES THE EXPLICIT PURPOSES OF THE SALEM ZONING ORDINANCE AND CHAPTER 40A 78. Section 1.1 of the Salem Zoning Ordinance, entitled"Purpose,"provides the following: For the purpose of promoting the health, safety, convenience, morals or welfare of the inhabitants of Salem, the zoning regulations and restrictions of this ordinance, ordained in accord with the provisions of Chapter 40A of the General Laws and, in the case of signs, ordained in addition in accord with the provisions of Section 29 of Chapter 93 of the General Laws, are designed among other purposes to lessen congestion in the streets; to preserve health; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to conserve the value of land and buildings;to encourage the most appropriate use of land throughout the City; and to preserve and increase its amenities; to preserve and protect the water supply, open space and conservation of natural resources, to prevent the pollution of the environment and community blight, to ensure housing for all income levels and compliance with the master plan of the City of Salem; all as authorized by, but not limited to, the provisions of the Zoning Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 79. The Planning Board's August 2, 2016 Decision does not lessen congestion in the street; does not prevent overcrowding of land; does not avoid undue concentration of population; does not facilitate adequate provision of transportation; does not conserve !l. 8 the value of land and buildings; and does not encourage the most appropriate use of land, and does not preserve and protect open space. 80. The Special Permit granted to Mr. Jagolta pursuant to the August 3, 2016 Decision of the Salem ZBA are contrary to the above explicit Purposes of the Salem Zoning Ordinance. 81. For the foregoing reasons alone, the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. COUNT II THE AUGUST 3,2016 SPECIAL PERMIT DECISION OF THE SALEM ZBA REPRESENTS A SUBSTANTIAL INCREASE IN ADVERSE NON- CONFORMING USES TO THE NEIGHBORHOOD 82. Finding no. 2 of the August 3, 2016 Special Decision of the Salem ZBA recites that "There will be less impact on the neighborhood regarding traffic flow and safety as the proposal will convert the first floor unit from a commercial space to a residential unit." 83. The Board does not explain its self-serving conclusion, namely how a conversion from a commercial unit to a residential unit in and of itself automatically or necessarily amounts to "less impact'on the surrounding neighborhood. 84. In point of fact, the new residential use on the first floor, given that it will exist 24 hours a day, 7 days a week, and 52 weeks a year, including weekends and holidays, is clearly more intense than the extensive limitation conditions in the March 15, 2016 ZBA Special Permit Decisions concerning the Plant Branch, in the August 17, 2006 Special Permit Decision concerning Christine McClearn, and in the June 10, 2014 Special Permit Decision concerning Rodney Sinclair, all of which placed substantial restrictions on the use of the first floor at 107 Federal Street, including hours and days of operation and the number of employee/occupants. 85. Nor does the Board explain its similarly general, self-serving, conclusionary finding of purported fact, written in bold type, that "The Board finds that any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood as a residential dwelling unit and the use is consistent with the existing building and neighborhood, which is another classic instance of circular reasoning. 86. Both statements do not amount to legitimate findings of fact, but(again) are merely self- serving conclusions, which also happen to be wrong. 87. For the foregoing reasons alone, the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. 12 - COUNT III THE PRIOR GRANDFATHERED NON-CONFORMING FIRST FLOOR COMMERCIAL USE AT 107 FEDERAL STREET HAS BEEN PERMANENTLY EXTINGUISHED 88. Paragraph 1 of the February 22,2016 Agreement For Judgment resolving the appeal of the June 10, 2014 Special Permit Decision concerning Rodney Sinclair provides the following: The June 10, 2014 Decision of the Salem ZBA is hereby annulled, nullified, and voided in its entirety, and that Judgment with prejudice, so annulling, nullifying, and voiding said June 10, 2014 Salem ZBA Decision shall enter forthwith in favor of the Plaintiffs. Emphasis added. 89. Count 1, paragraphs 40-44 inclusive of the Plaintiffs' Complaint appealing said June 10, 2014 Special Permit Decision specifically alleged that"The pre-existing nonconforming uses have been discontinued for more than two years and thus are extinguished." Emphasis added. 90. Said extinguished nonconforming use cannot be revived pursuant to a Special Permit. 91. Attorney Mann does not address this issue in her opinion, notwithstanding that (according to the Board's no. 7 Statement of fact in said Decision"Further, the Board also requested an opinion on whether a previously issued Special Permit was valid.") she was requested to do so. 92. The Plaintiffs respectfully submit that(a) the prior grandfathered, nonconforming use had been discontinued by Christine McCleam for two or more years, (b) that as a result of same said prior grandfathered, nonconforming use became extinguished pursuant to Massachusetts, (c)that said issue was fully addressed and resolved in the Plaintiffs' favor in the February 22, 2016 Agreement For Judgment, and that res judicata now applies, whatever attorney Mann's opinion might state to the contrary. 93. For the foregoing reasons alone, the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. COUNT IV THE SALEM ZBA IS NOT ENTITLED TO CREATE A THIRD RESIDENTIAL UNIT IN AN R-2 ZONING DISTRICT BY SPECIAL PERMIT 94. Essentially the August 3, 2016 Special Permit Decision of the Salem ZBA created a non- conforming third residential unit at 107 Federal Street. - 13 - 95. Said prior nonconforming use cannot be revived pursuant to a Special Permit, but only by a Variance. 96. As a consequence, the August 3, 2016 Special Permit Decision exceeded the Board's statutory authority. 97. For the foregoing reasons alone,the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. COUNT V THE PROCEDURE BY WHICH THE SALEM ZBA MADE ITS AUGUST 3, 2016 SPECIAL PERMIT DECISION WAS IMPROPER AND ILLEGAL 98. Attorney Mann's legal opinion is dated July 15, 2016. 99. Three days later, by letter addressed to Ms. Schaeffer and received by the Salem Department of Planning & Community Development on July 18, 2016 (according to its date-stamp), Mr. Jagolta wrote "Kindly modify my application for relief pursuant to request a special permit under Section 9.4 of the Ordinance in accordance with Condition #7 of the 2006 Decision and not under Section 3.33 [sic] of the Ordinance as previously requested." 100. At the regularly scheduled meeting of the Salem ZBA on Wednesday, July 20, 2016, only two days after Mr. Jagolta's July 18, 2016 letter, and at the height of the summer vacation season,the Salem ZBA approved Mr. Jagolta's revised Petition For Special Permit by a bare minimum vote of 4-0. 101. There was no other advertising or other public notice. 102. The Plaintiffs submit that this was essentially a new application based on a new section of the Salem Zoning Ordinance that should have been re-advertised and rescheduled, and the Board's procedure in voting on Mr. Jagolta's July 18, 2016 "modified" Petition was fatally flawed. 103. For the foregoing reasons alone, the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. COUNT VI ATTORNEY MANN WAS WRONG WHEN SHE RENDERED HER JULY 15, 2016 OPINION THAT THE CORRECT STATUTORY BASIS FOR SUCH SPECIAL PERMIT WAS SECTION 9.4 OF THE SALEM ZONING ORDINANCE INSTEAD OF SECTION 3.2.2 - 14 - 104. Mr. Jagolta's original May 2, 2016 Petition for a Special Permit was based on Section 3.3.2 of the Salem Zoning Ordinance to allow a change from one non-conforming use (a commercial business)to a non-conforming residential use. 105. Section 3.3.2 of the Salem Zoning Ordinance, entitled "Nonconforming Uses,"provides the following in relevant part: The Board of Appeals may award a special permit to change a nonconforming use . . . only if it determines that such change . . . shall not be substantially more detrimental than the existing nonconforming use . . . 106. At the time of the July 20, 2016 vote of the Salem ZBA, there was no longer a grandfathered third non-conforming use at 107 Federal Street, namely the former first floor commercial use. 107. All of the the four most recent Special Permit Petitions relative to the first floor use of 107 Federal Street over a 21-year period (i.e. since March 15, 1995), including Mr. Jagolta's original May 20, 2016 Petition, were pursuant to Section 3.2.2 of the Salem Zoning Ordinance. 108. All of the three most recent Special Permit Decisions of the Salem ZBA relative to the first floor use of 107 Federal Street over a 21-year period (i.e. since March 15, 1995), except for the August 3, 2016 Special Permit Decision concerning Mr. Jagolta, based such decisions on Section 3.2.2 of the Salem Zoning Ordinance. 109. It is clear that a new residential use on the first floor of 107 Federal Street could not meet the standards of Section 3.2.2 of the Salem Zoning Ordinance, given that such residential use will exist 24 hours a day, 7 days a week, and 52 weeks a year, including weekends and holidays. 110. It is also clear that the new residential use approved by the Salem ZBA in its August 3, 2016 Special Permit Decision, is substantially more intense and adverse than the extensive limitation conditions in the March 15, 2016 ZBA Special Permit Decisions concerning the Plant Branch, in the August 17, 2006 Special Permit Decision concerning Christine McCleam, and in the June 10, 2014 Special Permit Decision concerning Rodney Sinclair, all of which placed substantial restrictions on the use of the first floor at 107 Federal Street, including hours and days of operation and the number of employee/occupants. 111. For the foregoing reasons alone, the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. COUNT VII 15 - MR. JAGOLTA'S REPRESENTATIONS REGARDING THE APPLICABILTY OF ' PARKING AT 107 FEDERAL STREET WERE/ARE UNTRUE 112. Mr. Jagolta represented the availability of 8 off-street parking spaces at 107 Federal Street. 113. One of the spaces he showed is a small area immediately to the south of the 107 Federal Street structure that is approximately 6 feet wide. 114. In point of fact, such small area(according to the Salem Assessor's Map) belongs to the abutting property at 21 Beckford Street. 115. The only available off-street parking at 107 Federal Street amounts to three (3) spaces. 116. The Plaintiffs also cite the fact that condition (c) in the August 17, 2006 ZBA Decision granting a Special Permit to Christine McCleam recited the following: c. Parking for the use will be accommodated by the existing on-street parking, or the single off-street parking space at the site. Emphasis added. 117. Parking is already a major problem throughout the McIntire Historic District, including Federal Street in particular. 118. The August 3, 2016 Special Permit Decision only exacerbates that problem. 119. For the foregoing reasons alone,the ZBA exceeded its authority in granting said Special. Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. COUNT VIII BASED ON THE AUGUST 3,2016 SPECIAL PERMIT DECISION OF THE SALEM ZBA, THERE IS NOTHING TO PREVENT MR.JAGOLTA FROM USING THE FIRST FLOOR SPACE "AIR B&B" TYPE RENTALS 120. As recited in paragraphs no. 63 and 64 hereof, Mr. Jagolta already advertises his "Historic Brick Federal Period Mansion On Fabled Chestnut Street" on a website known as "HomeAway.com. Inc [US], consisting of"6,000 square foot 6 bedroom, 3.5 bath home,"built in 1810," at 41 Chestnut Street, Salem, Massachusetts at an "avg/night" rental of$903.00 and a"Minimum Stay 3-4 nights," and separately invites the public to "inquire about the guest suite in the property's carriage house, which sleeps two to four people." 121. Mr. Jagolta also represented to the Salem ZBA that he is considering "downsizing" once his children graduate from college by moving from his circa 1810 Federal Mansion at 41 Chestnut Street to the first floor unit of 107 Federal Street, which (according to the Salem City Assessor's records), consists of 821 square feet. - 16 - 122. Whether Mr. Jagolta was sincere when he represented that he planned to relocate from a 6,000 square foot, single-family, historic, and architecturally pure home on Salem's "Fabled Chestnut Street"to a non-interior-historic, renovated former local grocery store, 821-square foot efficiency unit in a 3-unit building at 107 Federal Street, the Plaintiffs submit that it is far more likely that he will use said space for similar short-term rentals, and that the occupants will not care about, or be invested, in their neighborhood. 123. Right now there is nothing in the Zoning or other Ordinances to prevent this from happening. 124. After all, based on Mr. Jagolta's actual advertising of his personal residence at 41 Chestnut Street on"HomeAway.com. Inc [US], thirty, minimum-4-night rentals a year of 41 Chestnut Street would generate gross revenue of$108,360.00 (i.e. $903/night x 4 nights x 30), or more than the$107,000.00 he paid for Unit 1 at 107 Federal Street on March 24, 2016. (It is presently unknown whether Mr. Jagolta's property at 41 Chestnut Street is assessed as a residence or as a business.) 125. The Plaintiffs submit that the foregoing is another instance of how and why the August 3, 2016 Decision of the Salem ZBA is contrary to the explicit Purposes of the Salem Zoning Ordinance, as quoted in paragraph no. 78 of Count I hereof. 126. For the foregoing reasons alone, the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. COUNT IX The PLAINTIFFS ARE SUBSTANTIALLY AGGRIEVED BY THE AUGUST 3, 2016 ZBA DECISION 127. The Plaintiffs have relied on the Salem Zoning Ordinance to protect their property values and the enjoyment of their respective properties and their neighborhood. 128. The August 3, 2016 ZBA Decision substantially undermines their property values, their enjoyment of their properties, and the zoning integrity of their neighborhood. 129. The Plaintiffs are substantially aggrieved by the August 3, 2016 ZBA Decision. 130. For the foregoing reasons alone,the ZBA exceeded its authority in granting said Special Permit and said August 3, 2016 ZBA Decision must be annulled in its entirety. RELIEF SOUGHT The Plaintiffs respectfully request that this Court: 17 - a. Enter a Judgment in their favor annulling in full the August 3, 2016 Decision of the Salem Zoning Board of Appeals; b. Award the Plaintiffs cost and reasonable attorneys fees in connection with their prosecution of this appeal; and c. Grant such other relief as is just and expedient. Respectfully submitted, Jane Arlander, et al, By their atto e� August 22, 2016 JohY807-3264 Jr., q. 9 Nt Sal1970 (97 (�"BBO# 075280 ' k - 18 - z CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET♦ SALEM,MASSA4"%,ZI70 U• ' KimBERLEYDRiscOLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR - " CITY 4}.:r m August 3, 2016 a m m x Decision C= City of Salem Board of Appeals nN, �D A public hearing for all persons interested in the petition of RICHARD JAGOLTA, seeldngora Special Permit per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance, to allow i�chWe from one non-conforming use to another non-conforming use at 107 FEDERAL STREETC{Wlapl26 Lot 531)(R-2 Zoning District). A public hearing on the above Petition was opened on June 15, 2016 pursuant to M.G.L Ch. 40A, § 11. The hearing continued to July 20, 2016 and closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chau), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate). The petitioner is seeking a Special Permit per Sec. 3.3.2 Nonconforming Uses to allow a change from one non-conforming use to another non-conforming use. Statements of fact: 1. In the petition date-stamped May 20, 2016, the Petitioner requested a Special Permit per Sec. 3.3.2 Nonconforming Uses to allow a change from one non-conforming use of a commercial business to a non-conforming residential use. 2. Mr.Jagolta, owner of the first floor unit and petitioner,presented the petition. 3. The three (3) story building, built around 1880, is an existing nonconforming structure located in an R-2 Zoning District. 4. The building is divided into three (3) condominium units that include two (2) residences and one (1) fust floor commercial space. 5. In 2014, a Special Permit was granted by the Board of Appeals to allow a real estate consulting office at the property. The Special Permit of 2014 was appealed by abutters and an Agreement for Judgement was executed by the City in the.Superior Court action, Arlander v. Sinclair, CA No. 2014- 1030B. 6. In 2006, a Special Permit was issued by the Board of Appeals to allow a graphic design and art gallery at the property. 7. At the June 15, 2016 public hearing, the Board requested an opinion of the City Solicitor to determine whether a Special Permit per Sec. 3.3.2 Nonconforming Uses was the correct form of relief required for the request. Further, the Board also requested an opinion on whether a previously issued Special Permit was valid. 8. On July 20, 2016, the Board discussed the legal opinion of the City Solicitor. ' m City of Salem Board of Appeals August 3,2016 Project: 107 Federal Street Page 2 of 3 9. The memorandum to the Board dated July 14, 2016 provided by Jill Mann of Mann & Mann P.C. concluded the following findings: 1) The Special Permit of 2006 did not lapse as a result of the discontinuation of the permitted business for a period in excess of two years; 2) The Special Permit and the conditions set forth continue to be valid, however at the closure of the business, a Special Condition was triggered that required that any future occupant return to the Board of Appeals to request a new Special Permit for any future use of the property; 3) The current petitioner, Mr.Jagolta, needed to request a special permit under Sec. 9.4 of the Zoning Ordinance of the City of Salem in accordance with Special Condition #7 of the 2006 Special Permit to convert the first floor unit to a residential dwelling unit. 10. On July 18, 2016, the petitioner requested a minor modification to the application to request relief a Special Permit under Sec. 9.4 of the Ordinance in accordance with condition #7 of the 2006 Special Permit and not a under Sec. 3.3.3 Nonconforming Urex as requested in the petition form. 11. The petitioner is proposing to convert the first floor commercial unit into a residential unit. 12. The petitioner is proposing to restore the existing building exterior including the replacement of the aluminum framed plate glass door with one to closely match the other existing front entry door, removal of a large air conditioning unit above the front door entry, removal of plywood covering a former entry door on Beckford Street and installing windows, and removing plywood on a rear window and restoring the window, among other restoration measures. 13. The unit has three (3) existing parking spaces, two (2) tandem spaces in the Federal Street driveway and one (1) space behind the building with access on Beckford Street. 14. At the public hearing eight (8) members of the public spoke in favor of and six (6) spoke in opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, makes the following findings: The Board finds any adverse effects of the proposed use will not outweigh its beneficial impacts to the City or the neighborhood as a residential dwelling unit and the use is consistent with the existing building and neighborhood. 1. Social, economic and community needs are served by this proposal 2. There will be less impact on the neighborhood regarding traffic flow and safety as the proposal will convert the first floor unit from a commercial space to a residential unit. 3. The utilities and other public services are adequate. 4. The proposal fits with the neighborhood character as the petitioner is proposing to rehabilitate the exterior first floor unit to be more in keeping with the historic character of the building and the proposed residential unit is consistent with the existing uses in the building and neighborhood. 5. There are no changes to impacts on the natural environment. 6. The potential economic and fiscal impact,including impact on City services, tax base and employment will be positive. City of Salem Board of Appeals August 3,2016 Project: 107 Federal Street Page 3 of 3 On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Rebecca Curran (Chau), Peter A. Copelas,Jimmy Tsitsinos, Paul Viccica (alternate) in favor and none (0) opposed, to allow the petitioner to convert the first floor unit to a residential dwelling unit subject to the following terms, conditions and safeguards: Standard: 1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finishes of new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said number so as to be visible from the street. 9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Condition: 1. Any person who proposes a change of use to occupy this space is required to apply for a new Special Permit per Section 9.4 of the Salem Zoning Ordinance. A UE COMM LIST Rebecca Curran, Chair Ci Y C I ERK Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from tbu deasion, if any, shall be made pursuant to Section 17 of the Masrachureus General Laws Chapter 40A, and shall be filed nnthin 20 days of filing of this deccuon in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Pemnt granted berein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. 1 EXIST. WOOD STOREFRONT W o WNDOWS TO BE REFURBISHED. .E". REMOVE GLAZING AND INSTALL V NEW DUAL GLAZING. PROVIDE NEW C y WOOD STOPS. PAINT TO MATCH _ TYP. FOR 2 PROVIDE NEW WOOD DOUBLE HUNG 'n W 1 OVER 1 WINDOW WITH DUAL 1 A g GLAZING IN EXIST. INFILLED R.O. OW o c6 SCRAPE, PRIME, PANT CASINGS, BEDROOM I � ., SILL AND TRIM DETAILS TO MATCH EXISTING WINDOWS GED - KITCHE I m OREMOVE EXIST. ALUM. STOREFRONT, FRAMES AND O O ANCHORINGS. PROVIDE NEW 3' X 7' PANELLED WOOD DOORS TO O MATCH EXIST. TENANT DOOR. •.+ O Q gv+ EXIST. WOOD STOREFRONT C0 WINDOWS TO BE REFURBISHED. REMOVE GLAZING AND INSTALL NEW DUAL GLAZING. PROVIDE NEW u WOOD STOPS. PANT TO MATCH TYP. FOR 2 BEDROOM I LIVING o 11,_4„ <V STOR DINING "4 ,m 1D, I o I ' REMOVE EXIST JALOUSIE WINDOW AND STATIONARY SASH. PROVIDE NEW WOOD DOUBLE HUNG 1 OVER 1 WINDOW )D,IIA. GLAZING IN R.O. C>5'°'�' Ivr, o° REMOVE EXIST. PLYWOOD AND ;'Ay 2 0 2015 P z STUD INFQL. PROVIDE NEW 3' X 4' TOAZED FULL MATCH EXISTED. PROVIDE CCMMUNDOORS DEPT O ✓'LANIVING R Q HORIZ. SUPPORT MULLION AND YC`vELGPh1E�1T PANELLED BASE BELOW FOR PRIVACY Floor Plan aFirst � i r V v. U � r ri r SCRAPE, PRIME AND PAINT EXISTING TRIM AT BASE TO SKIRT BOARD ONLY 0 g=1 w REMOVE EXIST JALOUSIE WINDOW AND STATIONARY SASH. PROVIDE / I TENANT O NEW WOOD DOUBLE HUNG 1 OVER RECESSED ; 1 WINDOW WITH DUAL GLAZING IN R.O. ENTRY N.I.C. x 0 i � o r o 0 `" m F ez m � Q,Y, SCRAPE, PRIME, PAINT ALL RAISED PLINTH BLOCK, MOLDED CASINGS REMOVE EAST. ALUM. EXIST. WOOD STOREFRONT PANELS, SKIRT BOARDS AND TRIM OPENING INFILL PROVIDE WOOD STOREFRONT, FRAMES AND WINDOWS TO BE REFURBISHED. AT UNIT 1 TRANSOM TO MATCH PATH DUAL ANCHORINGS. PROVIDE NEW 3' X REMOVE GLAZING AND INSTALL N GLAZING 7' PANELLED WOOD DOORS TO NEW DUAL GLAZING. PROVIDE NEW MATCH EXIST. TENANT DOOR. WOOD STOPS. PAINT TO MATCH 71P. FOR 2 Federal Street Elevation Q e � 1 0 W yo ( n ----- ....._ -------------- SCRAPE, _._SCRAPE, PRIME AND PAINT EXISTING CANOPY AND CORBELS777 — — cd U vi C -- —— — WOOD TRANSOM LITE WITH J WOOD MUNTINS AND DUAL _-- __ _ .. _- -- - -- ---- --. _- -. _ -.-- -- - -_-- w ro I GLAZING s O g i I [L-J ! I x - - - -- PROVIDE NEW WOOD DOUBLE Q REMOVE EXIST. PLYWOOD AND HUNG, 1 OVER 1 WINDOWS NTH STUD INFILL. PROVIDE NEW 3' X 4' DUAL GLAZING IN NEW R.O. GLAZED FULL LITE WOOD DOORS PROVIDE WOOD SHUTTERS TO M Beckford Street Elevation TO MATCH EXIST. DOORS. PROVIDE MATCH, CASINGS, SILL AND TRIM HORIZ. SUPPORT MULLION AND DETAILS TO MATCH EXISTING FIXED PANEL BASE BELOW FOR WINDOWS > UOIIBA013 (ABMGA!Ap) AB08 ----------- ----------- ...... ------------------ SMOONIM ONUSIX3 H31VIN 01 SWAO IN18i ONV TIS CLm 'SONISVD iNIVd '31NJ�d 3dVKS ------------— -IJJNI 1S X3 NI DNIZVlo O'd 037 ---------- ]VnO HiM MOONM L 61A0 I 9NnH 119n00 DOOM MIN 3CA08d ---- rL ------- ----------- ---------- 0 ----------------- ------— IU ------- ------- ---------- -------------- ----------- 9D 3-1 6„fD, 7d \j II II II �i�l rrTj[1j., —� -P J, 'HE I 1 11-TLh l-I-1 TIT J J, A 1 71 1, , L rllTV— T I j j I Tr -,ci a i i I �j 11 11 i i . 111 1 11 i v11-T1- T� J