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CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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120 WASHINGTON STREET♦ SALEn4,MASSAC TII' 97� ^ '. 2_^.
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Kin4ar..R1..EY DRISCOLL
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MAYOR CITY CLERK, SALEM, MASS,
April 4, 2012
Decision
City of Salem Zoning Board of Appeals
Petition of ICECAT, LLC requesting Variances from minimum frontage/lot width in order to
allow the subdivision of the property located at 18 FELT ST(R-1) into three lots, one of which
would lack the requisite frontage/lot width.
A public hearing on the above Petition was opened on January 18, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was continued to February 15, 2012 and March 21,
2012 and closed on March 21, 2012 with the following Zoning Board of Appeals members
present: Rebecca Curran (Chair), Annie Harris, Richard Dionne, Jamie Metsch,Jimmy Tsitsinos
and Bonnie Belair. Ms. Curran was not present at the January 18, 2012 meeting, but reviewed
all records of the proceedings, including the audio, and signed an affidavit attesting to this.
Petitioner seeks a Variance pursuant to Section 4.1.1 of the City of Salem Zoning Ordinances.
Statements of fad:
1. In a petition date-stamped December 27, 2011, petitioner requested a Variance from lot
width and frontage to allow the subdivision of the property located at 18 Felt Street into
three single-family house lots.
2. The application date-stamped December 27, 2011 stated that two of the proposed lots
would be fully compliant with zoning, but a third would lack the requisite frontage,
having 85 feet of frontage instead of 100 feet. This lot also contained a single-family
house that would be demolished.
3. Attorney Scott Grover represented the petitioner at the hearing.
4. At the hearing on January 18, 2012, Attorney Grover stated that after the petition was
filed, he had received feedback from the neighborhood that there was strong interest in
preserving the historic house located on the property. In response,the petitioner had
changed the plans to show the existing house would remain rather than be demolished
and replaced by a new one.
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5. At the meetings on January 18, 2012 and February 15, 2012, several members of the
public spoke in favor of granting the Variance under the condition that the house be
preserved to appropriate historic standards, and that the old trees on the property also
be preserved.
6. At the February 15, 2012 meeting, Attorney Grover presented proposed guidelines for
the historic preservation of the house, which he stated were drafted with the assistance
of members of the Salem Historical Commission. He stated that the petitioner was
willing to accept these as conditions of the requested Variance, as well as guidelines for
the protection of the older trees on the site.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Owing to the extensive repairs needed and the measures that must be taken to
preserve the historic house and the trees on the property, literal enforcement of
the provisions of this ordinance would involve substantial hardship, financial or
otherwise, to the appellant.
2. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance, since the dimensional relief requested is both minimal and
consistent with other properties in the neighborhood.
3. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals
concludes:
1. A Variance under Section 4.1.1 is granted to allow for the subdivision of the
property into three lots, one of which will have 85 feet of frontage and lot width
rather than the requisite 100 feet.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Curran,
Harris, Metsch, Dionne, and Belair) and none (0) opposed,to grant petitioner's request for a
Variance subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
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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 the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. 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.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
9. 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.
10. The Variance for Lot 3 is conditioned upon the restoration of the structure
pursuant to "Historic Restoration Proposal, the Ropes Mansion, 18 Felt Street,
Salem, MA," dated February 11, 2012, and attached to this decision as Exhibit A.
This lot is subject to the restoration of the house and is not valid unless the
house is restored. This condition shall not be construed to affect Lots 1 and 2
shown on the plan submitted herewith.
11. Prior to any construction, a certified arborist selected by owner shall walk the
property to determine the viability and safe retention of the four trees identified
on the plan submitted with the application and shall develop and submit to the
owner a plan including measures necessary for protection of the trees during
construction. Additionally, prior to any building permit being issued, the root
systems shall: a) be identified; b) be marked clearly in the field with stakes
indicating where the root systems begin; and c) in consultation with the City of
Salem Tree Warden, a temporary snow fence shall be placed around them so the
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measure of the radius of half their height is visibly marked and the trees
protected from excavation, blasting, grade changes, and from compaction by
heavy machinery or debris from excavation. In the event the certified arborist
retained by the owner determines that a lesser radius is necessary for protection
of any trees, his determination, and that of the Tree Warden, shall control.
Further, subject to the approval of the Tree Warden, selective pruning of the
four trees may be conducted but only under the direction and control of the
Tree Warden. If during construction any of the four trees to remain are damaged
to the extent that said tree cannot survive by the failure of the owner to comply
with the arborist's plan referred to above and the conditions set forth herein,
then the Tree Warden shall make a determination for replacement of the
damaged trees with the same or similar species and size as the damaged trees
or where the tree is too large and replacement is not practicable, then the
caliper of the tree shall be replicated on an inch per inch basis as determined by
the Tree Warden.
12. This decision applies to the main house only, and no other structures on the
property.
Rebecca Curran, Chair
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws Chapter 40A, and shall be filed within 20 days of filing 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 copy of the decision
bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.
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EXHIBIT A
HISTORIC RESTORATION PROPOSAL
The Ropes Mansion at 18 Felt Street, Salem, MA
February 11, 2012
Exterior
(1) Original Exterior Wood Elements: Retain all existing clapboard and decorative shingle
siding, window trim, corner, soffit, skirt and fascia boards and all other detail elements,
replacing with in-kind materials only where necessary.
(2) Original Slate Roof: Retain existing slate roof, repairing with in-kind materials only where
necessary, particularly valley areas, and replacing any missing slate to match in color and shape.
(3) Historic Windows: Retain and refurbish all existing window sashes, maintaining period glass
and replacing any broken panes with glass to match in thickness and color. Particular care shall
be taken to safeguard the two bow windows with original curved glass and the arched-top
crystal glass window at the north side. Storm windows may be added.
(4) Wrap-Around Porch: Restore front entry stairs and railings and entire porch balustrade and
porch columns, where necessary, to replicate original as best possible ca.1900 photo. Porch
roof shall be re-shingled with 3-tab charcoal black asphalt.
(5) Side Entry: Side entry stairs shall be rebuilt to conform to front entry design (only if side
entry stairs are not eliminated).
(6) Structural Work: Repair compromised structural supports at North elevation in accordance
with approved engineering standards.
(7) Chimney& Foundation: Any necessary repairs shall be made with matching materials. Re-
pointing of brick shall be completed with mortar to match existing.
(8) Painting: All surfaces to be prepared via hand scraping, vs. the use of destructive high
velocity water blasting or power sanding. Paint in historically appropriate colors shall be used.
(9) Original Wood Shutters: All existing shutters shall be retained. At a minimum, it is hoped
to reinstall shutters to the windows at the front and left side of the house.
(10) Venting: Venting for upgraded bathrooms, kitchen, and HVAC shall be hidden from
obvious detection everywhere possible or painted to match —Same for condensers,
transformers & meters.
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05/04/2012 11 ,29 FAX - 00.1/002
GN.W. Incorporated
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(11) Skylights: Any skylights must be located only on areas of the roof not visible from public
ways. This would be the same requirement for satellite dishes, solar heating panels, antennas,
etc.
(12) Future Additions: Should any future additions to the building be considered, they must be
compatible with, and appropriate to, the mansion's Queen Anne Style, and be attached to the
rear of the building only.
Oversight
This renovation project will be reviewed by the Salem Historical Commission to ensure
compliance with the agreed standards, and to assist the owner in resolving any questions that
may arise during the renovation process. This duty may be assigned to one member of the
Commission to be appointed by the Chair at the option of the owner.
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w., Page 1 of 2
Danielle McKnight
From: CollinsJ, David [David.CollinsJ@perkinswill.com]
Sent: Monday, January 16, 2012 6:33 PM
To: Danielle McKnight
Cc: limon.leslie@verizon.net, Stebbins, Jessica; vvsirianni@gmail.com; emily_udy@yahoo.com
Subject: 18 Felt street
Dear Danielle,
As a Northfields resident I wanted to share my concern over the status and ultimate future of 18 Felt Street.
As you know Salem is a very Historic City which holds a unique place in American history on many levels.
As a result it is always a target for development of various kinds.
18 Felt Street is a major anchor to the neighborhood of which it is part, the granting of a variance to develop a
subdivision of questionable market rate dwellings will forever compromise the area in my opinion.
Also important is the Old Growth Copper Beach on the site as it has great value in regards to the history and
character of the neighborhood. Having had some experience in Newport Rhode Island with legacy trees such as
this, I respectfully submit to you that the Beech tree is of high value and that a subdivision of three house lots
will almost certainly damage or kill the tree. In Newport they approved raising the mansion yet maintaining the
Copper Beech (coincidentally) on the property.
Many area towns have covenants to protect trees over a certain caliper requiring Planning Board and Abutter
approval before they can be removed. Salem should have such a bylaw as well. But in any event, we must look
to the devices we have in place in order to protect the quality of life in Salem.
We must look to the Historic Commission to be a voice for the preservation of all things good, while promoting
quality, sensitive development that adds value to the community at large.
This plea is not an anti-development petition, as renovation of the existing structures into 3 or even 4 units
would be advantageous to the neighborhood. This would also require a stipulation to isolate the important
vegetation on the site by means of fencing off the areas under the drip line of the valuable trees to protect the
root base from damage by construction traffic and/or development.
I'm not sure what valid reason or excuse regarding a hardship can be explained in a way to validate a variance
for this subdivision. The new owner had full knowledge of the circumstance prior to the purchase.
Unfortunately I won't be able to attend the upcoming hearing as my Father has passed away and I will be
attending his wake in West Roxbury on Wednesday the 18th
This is an important night for Salem lets protect our special place in history.
Respectfully,
Dave Collins
Resident-75 Orchard Street Salem
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