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1 HAMILTON STREET - ZBA � Cr '., 'a ��rorilra.Ao CITY OF SALEM, MASSACHUSETTS Sv BOARD OF APPEAL m 1 20 WASHINGTON STREET, 3RD FLOOR �i\ {RQ SALEM, MASSACHUSETTS 01970 - ��_ �'' TELEPHONES. 978-745-9595 :s ne pu�� FAX. 978-740-9846 KIMBERLEY DRISCOLL , MAYOR 1008 APA -2 q Il 4 April 2, 2008 C/TyCLERFI SE# MASS. Decision City of Salem Zoning Board of Appeals Petition of Orille L'Heureux requesting a Special Permit for a change in nonconforming use to allow the ten (10) unit rooming house to be converted to a three (3) unit residence and a variance from parking regulations to allow two (2) tandem parking spaces for each residence at 1 HAMILTON STREET JR-2). A public hearing on the above Petition was opened on March 19, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was closed on March 19, 2008 with the following Zoning Board members present: Robin Stein (Chair), Rebecca Curran, Elizabeth Debski, Richard Dionne, Annie Harris, and Bonnie Belair (Alternate). Petitioner seeks a Variance and Special Permit pursuant to the following sections of the Salem Zoning Ordinance: Sec. 5-30) Extension of nonconformity, and Sec. 7-3 Off-street parking; uncovered, not included in structure. Statements of fact: 1. The petitioner, Orille L'Heureux, owns 1 Hamilton Street, a property located in the Residential Two Family [R-2] Zoning District. 2. Attorney George Atkins presented the petition. He acknowledged that this request was before the Board of Appeals two (2) years ago, but the two-year time frame in which the petition cannot be heard again has now passed. 3. Plans accompanying the petition include the plan entitled, "Plot Plan of Land Prepared for Michael Shea Located at l Hamilton Street", prepared by North Shore Survey Corporation, dated December 8, 2004 as well as the plan entitled, "Residential Renovations for Michael Shea 1 Hamilton Street, Salem, MA", prepared by Richard Griffin, dated February 19, 2008. 4. The petitioner proposes to change the nonconforming use of a ten (10) unit rooming house to a three (3) unit residence. 5. The petitioner proposes two (2) tandem parking spaces for each unit, for a total of six (6) off street parking spaces. This number exceeds the requirement for l V2 spaces per unit. 2 6, Sec. 7-3 (e)(3) of the ordinance specifies that "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", therefore a variance is being sought to allow for tandem spaces. 7. A letter from Pamela and Richard Jendrysik (3 Hamilton Street) to the neighbors was submitted. The letter described the proposal and invited neighbors to the Jendrysik residence to see the plans and discuss the proposal. 8. A petition was submitted by the Richard Jendrysik which says "We, the undersigned, support the Residential Renovation of 91 Hamilton Street, per the plans prepared by Richard W. Griffin'. The petition was signed by twenty-three (23) residents of Hamilton Street, Botts Court, Essex Street, Federal Street, Monroe Street, River Street, and Cambridge Street. 9. A letter from Peter Hinchey (355 Essex Street) in favor of the proposal was submitted. 10. Several residents including David Williams (342 Essex Street), Pamela Jendrysik (3 Hamilton Street), William Goldberg (8 Botts Court), the former Mayor of Salem, Stanley Usovicz Jr. (2 Botts Court), David Decker (8 Hamilton Street), and Ward 3 Councillor Jean Pelletier, spoke in favor of the proposal. 11. Nina Cohen (22 Chestnut Street) spoke against the request spoke of the other options the owner might choose for the structure. 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. Changing the ten (10) unit rooming house to a three (3) unit residence would not be substantially more detrimental than the existing nonconforming use to the neighborhood. 2. Conditions relating to the layout of the parking and structures on the lot do no generally affect the zoning district in general, and would allow for tandem parking in this location. 3. A literal application of the Ordinance would result in fewer parking spaces on site and therefore cause substantial hardship to both the applicant and to the neighborhood. 4. 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 Ordinance. 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. To allow for the nonconforming use of the property to change to a three (3) unit residence, a special permit is granted. 3 2. The petitioner may vary the terms of the Salem Zoning Ordinance, specifically, Sec. 7-3 to allow tandem parking as proposed. 3. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed, to grant petitioner's requests for variances subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all City and State statues, 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 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. Except for the demolition authorized by the Salem Historic Commission, 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. Robin Stein, hair Salem Zoning Board of Appeals A COPY OP TIi IS DECISION IIAS BFFN PILED WITH ME PLANNING BOARD AND"IIIE CITY CI_[RK 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. ` wG We, the undersigned, support the Residential Renovation of # 1 Hamilton Street, per the plans prepared by Richard. W. Griffin. 2 Name (Please Print) Address Signature too 1 r✓' �nky, Tje.TunuwsKk !9, (�UlS W-1-thNNl 6 WTT5 CT . Pa#ydc �a. PJu�lna�6l 6 O-amlL6 ASt- -A-<j tt);A oft)s Ck <T I( 1 & , �C b {� M I I� Si �L�x1s �INYI r�P- © I/ Via(/ ST kxrd �Wrll �S �dCa4ry— � �l�o� LN (4 , t0ee � WL a�o CL cc- G tl ,�� //COD �-: )5 T i N Dear Neighbors: We have an opportunity to support a beneficial change in our neighborhood. A proposal is going before the Salem Appeals Board to convert the historic brick building located at One Hamilton Street, the corner of Essex and Hamilton, from a currently non-conforming 10 unit rooming house to a three unit condominium. The proposal would eliminate the small garage building and the wooden porch addition to allow for required parking spaces. The current owner of many years, is retiring and is going to sell this building. This is an opportunity to preserve this historic home. The hearing is Wed., March 19 at 6:30 PM in Room 313 of the City Hall Annex 120 Washington Street. We are having a neighborhood get together at our home to hopefully see the plans and discuss the project on Thursday, March IP at 6:30 PM (sandwiches and wine). We hope to see you then or at the public hearing. If you have any questions or comments, please call. Cordially, Pamela and Richard Jendrysik Three Hamilton Street 978-741-2155 t •v♦ '< ♦ j 133diS X3SS3 (/J z c b w Co O m� cu 00 N O D N r O0 Z r N n 1 69 Z ? wK D L4 O >_0 �7 cN0 T C) T N X FFM � � LO (NMNK+ MOD Z Z (ny N -0 G+ X p 'D -9 .i7m ? zww — rKmm� Zi �7 Nj (nom N mW > -'J00 > O.nmrp= D N N N mT ;u r � mM > DDm �N m MZ z 57vc� � � �_ -rlormr-A Z z D D Z`E r Z2 p N0 D cnM �� Z � mo z I o '' -I cnc m yN L4 -0 N r omw rMv M zW = r = 0V) poz � mn vD � MD M M r D O N mom v 0 1nNm Dm z 1n M Rr Ln M oa, �jo :J0 � Ln Z 0100 . 'OrrTp Usf?TS Tr RESIDENTIAL RENOVATIONS SITE PLAN C f or Michael Shea PROJECT RICHARD W. GRIFFIN NUMBER: REGISTERED ARCHITECT 1--' 0 1 Hamilton Street DATE: 2/19/08 Salem, MA 01970 SCALE: AS NOTED 37 TURNER STREET SALEM, MA 01970 978-740-9979 34'-3" — — — — — — — — — — — — — — — — — — — — — IF I � I I � I L N 3 I a UNIT STORAGE 206 SF BOILER ROOM- 4._0„ alit WALL 8 DOOR e TO BE REMOVED a COMMON _ I 3. ,. STORAGE REVERSE L_ DOOR SWING F 13'-9" a J I UNIT #2 UNIT #3 STORAGE STORAGE 163 SF 205 SF J I I ( � I 12'-6 7'-10" 14'-5X" L - _ ° - - - I - rY — — — —TT-11 UP o — — — o INFILL & RECONSTRUCT — EXISTING BASEMENT I a STAIRS AS SHOWN L— Nti� y 11._6, WALL KEY STORAGE AREA a EXISTING WALL 70 REMAIN SQUARE FOOTAGE: PROPOSED BASEMENT PLAN UNIT 1 = 206 SF 1 C EXISTING TO BE REMOVED UNIT 2 = 163 SF NEW STUD WALL UNIT 3 = 205 SF RESIDENTIAL RENOVATIONS BASEMENT PLAN C f or Michael Shea NUMBER:PROJECT 121004 RICHARD o RGGRIFFIN CN M-� 0 1 Hamilton Street DATE: 2-19-05 Salem, MA 01970 SCALE: AS NOTED 37 TURNER STREET SALEM, MA 01970 978-740-9979 34'-3" 15'-7Y" LIVING FP FP ROOM N DINING L3 /FAMILY I 4,_p" UNIT #I BRASH L _ J 11'-10Y,' COMMON HALL _ KITCHEN f N h I DWI II W _ NO PANTLl �EFEIG . O O HALL BATH OOM CLOSET a < VENT _ a DN — — — LINEN iq CLOSET 6 1,110 m ON BAS MEN � CdJ MASTER BEDROOM BEDROOM #2 0 COMMON HALL c OSETII I I 13'-3Ya" 9Y" 12'-10X" 3 " c 8' 5,. ., 1.. 6 UP DECK DN-' 't0 NEW CONCRETE STEPS e 8 FOUNDATION WALLS nL FOR BASEMENT ACCESS o BELOW 15'_3" 7'-8" 8'-0" 38'-3" MM 11100 o SQUARE FOOTAGE: 2 PROPOSED 1 st FLOOR PLAN (PER FLOOR) 1/4" = 1' 0" ra13� UNIT 1 = 1 ,096 SF a R 9 RESIDENTIAL RENOVATIONS 15t FLP,. PLAN C RICHARD W. GRIFFIN for Michael Shea PROJECT z1 Hamilton Street NUMBER: 121004 REGISTERED ARCHITECT p DATE: 2-19-08 Salem, MA 01970 SCALE: AS NOTED 37 TURNER STREET SALEM, MA 01970 978-740-9979 34'-3" 14'-3" ( I ) II� BEAM ABOVE KITCHEN F1 FP /DINING LIVING FP " r — r ROOM " BRASH I ENT. L _ J CENTER REFf'IG 1 0 L1 — Lu I 4'-0" 7�7 } M� O O ANTRY OII UNIT #J u 7F 47 LINEN _ PANTRY REFRIG 1 1 HALL a - I STACK 11' 2Jf" 3,_9„ 7D " °D BATH �:. ,,,. ... OPEN BELOW IIVH NONN00 I 6'-0- UF DN ) D�l O N3HXIA O DN COMMON DN coATs _. BAC HAII RAJ 10 1 _ UNIT #2 ' CLOSET g„ BEDROOM #2 LIVING FP � ROOM FP ( DINING ) ( AREA ) ° UP Li CLOSET 20'-9J¢" 13'-0" 4J¢" i 38'-3" 13 SQUARE FOOTAGE: (PER FLOOR) PROPOSED 2nd FLOOR PLAN z UNIT 2 = 366 SF 3 = Rel ^ UNIT 3 = 717 SF 1/4 1 0 yGSE7TS - i0�} Cs RESIDENTIAL RENOVATIONS 2nd FLR.PLAN 5 for Michael Shea PROJECT RICHARD W. GRIFFIN 0 1 Hamilton Street NUMBER: 121004 REGISTERED ARCHITECT DATE: 2-19-08 Salem, MA 01970 SCALE: AS NOTED 37 TURNER STREET SALEM, MA 01970 978-740-9979 38'-3" 21-0.. ;' Yt" 5' 3," 3)j' 9'-10Nt" 3Kt" DR SSER II ' o I � BATH n:. . WALK—IN CLOSETI Z O 1= O m , S I� LINEN BEDROOM El #2 0 3'-0" HIGH v MASTER 4-1" 3LL 5 "gJt�^ KNEEWALL BEDROOM r io DN DN ' IT # it CLOSET STORAGE LINEN — — 13'-1 a" G .. T NEW STAIRS DN BATH 3'-4y" 3 —5%5V= 3 0 7'-7y" m iv v (WALK—INI I CLOSET 1 o I 3'-OX" I W UNIT #3 N MASTER g SUITE 34'-3" SQUARE FOOTAGE: ?, (PER FLOOR) PROPOSED 3rd FLOOR PLAN wK � UNIT 2 = 443 SF 4 „ X01 ' UNIT 3 = 404 SF 1/4 — 1 0 1 RESIDENTIAL RENOVATIONS 3rd FLR. PLAN � RICHARD W. GRIFFIN f OT' Michael Shea CT NUMBER: 121004 REGISTERED ARCHITECT ►� 0 1 Hamilton Street DATE: 2-1a-08 Salem, MA 01970 SCALE: AS NOTED 37 TURNER STREET SALEM, MA 01970 978-740-9979