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1 HAMILTON STREET - ZBA (2) L7 t= 1 HAMILTON STREET � I J \I\ t � � C� I �� / �� � / -� �-�� , � , � r � � x A H { i �_�_D f duce heat;cover and kEFer 10 I Legal Notice j CITY OF SALEM I BOARD OF APPEAL ), 745-9595 Ext.381 Will hold a public hearing for all 1 persons interested in the petition sub milted by MICHAEL SHEA requesting a Special Permit per Section 8-5 to converts 10 unit rooming house to a three unit residential dwelling and a i Variance from parking for the proper- i ty located at 1 HAMILTON STREET R- i 2. Said. hearing will be held on WEDNESDAY, JANUARY 19,2005, 6:30 P.M., 120 WASHINGTON STREET,3RD FLOOR,ROOM 313. - Nina Cohen j Chairman (1/5,12) 1 CITY OF SALEMt MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. U60VICZ, JR. TELEPHONE: 978-745-9595 C-7 MAYOR FAX: 978-740-9846 T C. DECISION ON THE PETITION OF MICHAEL SHEA REQUESTING A SPECL�' PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT I HAMILTO& or- STREET R-2 n T T_� V C�- A hearing on this petition was held on January 19, 2005 with the following Board Members present:Nina Cohen, Chairman, Richard Dionne,Edward Moriarty and Stgyen Pinto. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published.in the.Salem Evening News-in.accordance with Massachusetts - General Laws Chapter 40A. Petitioner is requesting a Special Permit to convert Rooming House to a three unit residence and a Variance from parking for the property located at 1 Hamilton 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 0),which provides 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 Sections 8-6 and 9-4, 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 terms,this Board is,when reviewing Special Permit requests, guided by the rile that a Special Permit request may be granted upon a finding by the Board that the grant of the SpecialPermitwill-promote the public health,safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after carefid consideration of the evidence presented at the hearing and after reviewing the plans,makes the following findings of fact: 1. Petitioner Michael Shea sought a special permit pursuant to Section 8-5 of the Salem Zoning Ordinance to convert the property at I Hamilton Street from an existing non- conforming use as a ten-unit boarding house to a non-conforming use as a three- family residence. Petitioner reported he has entered a purchase and sale agreement with the property owner Orille L'Heureux. 2. Petitioner seeks a variance from parking requirements of the ordinance to allow of six cars without separate access. Under the proposed plan, a small lot adjacent to T' DECISION OF THE PETITION OF MICHAEL SHEA REQUESTING A SPECAIL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 1 HAMILTON STREET R-2 page two the building would house six parking places. Three of these parking places would be aligned front to back against the rear property line, and three more spaces would be lined up behind them, so that the rear spaces are accessible to residents only if the front spaces are emptied. Under this plan,residents would coordinate to get six cars off the street at once,which is not permitted under the Salem Zoning Ordinance. 3. Due to illness, only four members of the Zoning Board of Appeal were in attendance. One member,NinaCohenowns property within_300-It of the-subject property- Mr. Shea's legal representative, George.Atkins Jr. Esq.,drafted a waiver of any objection to the participation of Ms. Cohen in discussion and voting on this petition,which was immediately executed by petitioner and delivered to the Board's secretary. 4. Petitioner's plan makes little exterior alteration to the existing building,which was built sometime in the 1830s or 1840s in the Greek Revival style. Architectural drawings submitted by petitioner, created by Richard W. Griffin, show that petitioner plans to include a two-bedroom unit on the first floor and two two-bedroom units on the third and fourth floors. An existing side porch would be replaced with a smaller deck leading to the parking area. 5. Mr. Shea submitted an alternate parking plan, in which four cats may be parked diagonally in the lot,which was rejected by residents who spoke of concern about the lack of parking to accommodate the needs of the neighborhood. Mr. Shea also agreed to attempt to use a permeable surface on the parking area to mitigate water runoff to the sheet. 6. Mr. Shea's proposal had the support of four neighbors, including abutters Richard& Pam Jendrysik of 7 Hamilton St., George Osgood of 352 Essex St. and Charles Hinchey,speaking for Bessie Hinchey of 353 Essex Street:- 7. Speaking in opposition to the proposal were David and Sharon Williams of 342 Essex Street,who expressed concern about increased density of use in the two-family district and with the difficulty of parking in the environs. Also speaking in opposition was Tim Jenkins of 343 Essex St.,who opposed increasing density in the district and noted that the boarding house was well run and had little negative impact on the surrounding single family homes. 8. The proposed parking of six cars on petitioner's lot seemed on balance to create a substantial detriment to the public good not wan-anted by the proposal to convert the existing nonconforming use to another use not permitted in the district. r' DECISION ON THE PETITION OF MICHAEL SHEA REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 1 HAMILTON STREET R-2 page three On the basis of the above findings of fact, and on the evidence presented,the Board of Appeal concludes as follows: 1. The Special Permit requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2.- The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore,the Zoning Board of Appeal voted 3 in favor and 1 in opposition to the motion to grant the relief requested. Having failed to gamer the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. c Special Permit Denied January 19, 2005 Nina Cohen, Chairman �� J Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any shall be made pursuant to Section 17 of MGL Chapter 40A and shall be filed within 20 days after the date of Sling of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapses an no appeal has been filed, or that,is 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 of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal RICHARD W. GRIFFIN ARCHITECT 37 Turner Street,Salem,MA 01970 Tel.(978)740-9979 Fax.(978)740-2352 December 27, 2004 Mr. Thomas St. Pierre Head Building Inspector and Zoning Officer Salem Building Department 3rd Floor 120 Washington Street Salem, MA 01970 Dear Mr. St. Pierre: On behalf of Mike Shea's application for a Special Permit for 1 Hamilton Street, I would like to add the following addendum: "A variance from the required number of off street parking spaces is requested. The required number for three units is four and one half (five) spaces, the owner requests a variance to allow either three full spaces plus three tandem spaces or 4 compact spaces as shown on the submitted site plans." Thank you. Sincerely yours, Richard Griffin Project Architect gedr-C! pz" 6 e-owll ; mr, d (' c n Gc (. ire l TWIT AMA-41 "I?O-tAtdye C z u �'(� �p l LF c� Ao cvU iso Ste_ �q acmes ,� , December 7, 2004 To: The Salem Board of Appeals This letter is regarding the 1 Hamilton St., Salem property that, as you know, is currently a ten-room rooming house on the corner of Essex and Hamilton Streets. After talking to Mr. Shea, I feel that the improvements that he is suggesting and the conversion of the house from a 10-unit rooming house to 3 owner occupied condominiums is something that our neighborhood, including myself, would welcome. Mr. Shea has also informed me of his intention to work with Mr. L'Heureux,the current owner of the house who owns several other rooming houses in Salem, in order to relocate the tenants of I Hamilton. I believe that Mr. Shea's proposal should be given every consideration by your board and has my full backing as an abutter to the property. Sincerely, Charles Hinchey 355 Essex Street Salem MA 01970 January 17, 2005 Salem Board of Appeals Washington Street Salem MA 01970 I, Orille L'Heureux, authorize Michael Shea to apply for a special permit on my behalf to convert 1 Hamilton St., Salem from a ten-unit rooming house to a 3 family dwelling. Mr. Shea also has a Purchase and Sale Agreement to purchase the property. Sincerely, vrn6flex Owner 1 Hamilton St., Salem MA 01970 LOT 420 MARGARET J. MANN ASSR. MAP 25 C+ 29.24' - G' 347 ESSEX STREET LOT 422 (0 RICHARD S. & 29.93' PAMELA M. JENDRYSIK 14.30 3 HAMILTON STREET M U) ASSR. MAP 25 (f) LOT 421 M UNIT X 10•-0• _ 2704± S.F. UNIT 2 -"I DECK PROPOSED PARKING 2 1/2 STORY BRICK DWELLING NN 1 4-8'x16' SPACE BUILDING IS ON LINE t #1 42.18' 32.15' 1 HAMILTON STREET THIS DRAWING IS BASED ON i 'z PLOT PLAN OF LAND OPTION B PREPARED FOR 4 SPACES r?� �- MICHAEL SHEA ,'; LOCATED AT N`e.."`" 1 HAMILTON STREET s 9E SALEM, MA SCALE 1" = 10' DECEMBER 8, 2004 NORTH SHORE SURVEY CORPORATION 47 LINDEN ST., SALEM, MA #2424 ASSR. MAP 25 LOT 420 MARGARET J. MANN ASSR. MAP 25 C4 29.24' �'' 347 ESSEX STREET LOT 422 o RICHARD S. & 29.93' PAMELA M. JENDRYSIK 14.30 / 3 HAMILTON STREET M ASSR, MAP 25 (n LOT 421 -AREA= X 2704± S.F. P' DECK UNIT 3 UNIT 2 UNIT 1 �. UNIT 3 UNIT 2 UNIT 1 2 1/2 STORY BRICK DWELLING iZ 6-9'x18' SPACES L4 BUILDING IS ON LINE 1 #1 W 42.18' 2.15' HAMILTON STREET THIS DRAWING IS BASED ON PLOT PLAN OF LAND PREPARED FOR MICHAEL SHEA �+� g PTION 'A' 5,` LOCATED AT SPACES v, 1 HAMIL70N STREET ���v . SALEM, MA _ L w"="_ SCALE 1" = 10' DECEMBER 8, 2004 NORTH SHORE SURVEY CORPORATION 47 LINDEN ST., SALEM, MA #2424 PARKING LAYOUT BY: RICHARD W. GRIFFIN, ARCHITECT DECEMBER 28, 2004 DWG No. RESIDENTIAL RENOVATIONS SITE PLAN for Michael Shea PROJECT RICHARD W. GRIFFIN S 1 Hamilton Street NUMBER: REGISTERED ARCHITECT Salem, MA 01970 SCALDATEE: AS NO 4 SCALE: AS NOTED 37 TURNER STREET SALEM, MA 01970 978-740-9979