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123 FEDERAL STREET - ZBA z l s Legal Node I CITY OF SALEM _ BOARD OF APPEAL 745-9595 Ext 381 Will-hold a public hearing for all persons interested in the petition submitted by SHARON MARQUIRE is 1 seeking a Special Penult pursuant to I Section 5-30(5) to allow the use of an historic carriage house for the prop- ing� erty located at 123 FEDERAL tiol STREET R-2..Said hearing to be held E WEDNESDAY, FEBRUARY 16,2005 thei AT 6:30 P.M., 120 WASHINGTON p STREET,3RD FLOOR,ROOM 313. use Nina Cohen Chairman rer, (2/2,9) } 6 } effe L_ CITY OF SALEM, MASSACHUSETTS CIYOFCLERK'S OFFICE A + BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 (y STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 1005 FEB 23 A 10 49 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF SHARON MARQUIRE REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 123 FEDERAL STREET R-2 A hearing on this petition was held on February 16, 2005 with the following Board Members present:Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie Belier and Edward Moriarty. Notice of the hearing was sent to abutters and others and —notices-of-the-hearingwere_properly_published_in-the_Salem-Evening_News_in accordance_ with Massachusetts General Laws Chapter 40A. Petitioner request a Special Permit pursuant to Section 5-3 to allow the use of an historic carriage house as a single family dwelling for the property located at 123 Federal Street located in an R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8)which provide as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may,in accordance with the procedure and conditions set forth in Section 8-6 and 94, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes,enlargement,extension or expansion,of nonconforming lots, land, structures,and uses,provided however,that such change,extension,enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terns,this Board is,when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare for the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. DECISION OF THE PETITION OF SHARON MARQUIRE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 123 FEDERAL STREET R2 page two The Board of Appeal,after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact. 1. Attorney Scott Grover representing the petitioner, presented the following a. Site plan b. Petition is for converting the existing carriage house/garage into an - -- - ---- _ _additionalriving unit. --- - --- - - - - -- --- c. Petitioner will continue to use the existing single family front structure as a single family use. In addition they offer to make this a condition of the special permit. d. The site plan detailed parking of 4 spaces sufficient for the proposed additional unit. e. Changes to the exterior of the existing garage/carriage house will be as follows: 1. Garage doors will be converted to atrium doors. 2. New windows 3. Exterior changes will be subject to Historical District requirements and review f. Attorney Grover suggested that the board find that the proposed change conforms to the existing zoning regulation. g. The proposed change conforms to the neighborhood,half of the existing uses are 2 family. 2. Zoning Board Member, Edward Moriarty inquired of the basis for requesting a special permit referring to zoning ordinance defining structures and accessory uses. 3. Attorney Grover responded that the special permit application allows for a petition for an additional living unit. 4. Attorney John Carr who was in attendance,and involved in the origination of the existing zoning ordinance,spoke on the drafting of the ordinance,and the intent of the sections referred to by Mr. Moriarty. Carr indicated that the intent was to allow greater discretion, create better standing,and allow for ancillary residential use. 5. Building Inspector Tom St. Pierre addressed the issue of conveyance out. 6. Chairman,Nina Cohen discussed a limitation of separate ownership and inquired of the intent regarding creation of condominium ownership. 7. Attorney Grover indicated the intent was for creation of a condominium with common ownership of the land and individual ownership of the living units. 8. Neighbor Mr. Maguire, stated that the area is zoned R-2,which would allow for two units in total and preserve the main house as a single family use. DECISION OF THE PETITION OF SHARON MARQUIRE REQUESTING A SPECIAL PERNUT FOR THE PROPERTY LOCATED AT 123 FEDERAL STREET R-2 page three 9. Neighbor Meg Tuohy of 122 Federal Street stated that she is in favor of his petition;however she questions the designation of the conversion structure as historical carriage house. 10.Attorney Grover and the petitioner responded that they had researched the history of the structure and consulted the historical commission. The main house was constructed in 1843 with no records on the ancillary structure,however it does -- _ _------. -_ — -appeal_on-a_Sanbom-Map_in 1925._Tbeowners/petitioners stated that they_- -- believed it was constructed in the 1890's. 11. Attorney John Carr stated that he believes the petition meets the ordinance and requested a limitation of no more than two living units for the total site. 12.Neighbor Meg Tuohy agreed with Mr. Carr and inquired about parking and setbacks which were determined to be sufficient, and also requested a limitation of no more than two units. 13.Neighbor Betsy Bums of 22 Beckford Street requested a limitation of no more than 2 units for the total site and inquired about the designation of the structure as a historic carriage house verses an old garage making difference in the petition and application of zoning ordinance. She also requested the unit be maintained as a rental unit verses a condominium. On the basis of the above findings of fact,and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. DECISION OF THE PETITION OF SHARON MARQUIRE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 123 FEDERAL STREET R-2 page four 1. Petitioner shall comply with all city and state statues, code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. _3._Petitioner shall obtain a building_permit prior to beginning_any construction_ 4. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 5. Petitioner shall obtain a Certificate of Occupancy. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. 7. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said number so as to be visible from the street. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Historic Commission. 9. No change to existing Carriage House/Garage unless approved by Historical Commission. 10. The following to be included in any condominium ever to be made of the subject premises and also to be a condition of this special permit; a. Maximum of 2 residential dwelling units for total parcel b. Subject land parcel shall never be subdivided or otherwise divided. Special Permit Granted February 16, 2005 / Nicholas Helides Board of j�ppeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A,and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision,bearing the certification of the City Clerk that the 20 days have elapsed and -- -- _— --- no appeal.has_been.filed,_or_that,if such-appeal-has been filed,that is has been— dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title.