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SALEM, MA
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1999 FEB 22 A 10.. 18
DECISION OF THE PETITION OF ERIC HOLLAND & STEPHEN BUCHLER
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 25 NORTH STREET R-2
A hearing on this petition was held February 17, 1999 with the following Board Members
present: Nina Cohen, Richard Dionne, Michael Ward , Stephen Buczko and Stephen
Harris. 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 requests a Special Permit to operate a tourist home with 3 units and a
Variance as to parking requirements for the property located at 25 North Street.
The province the Salem Zoning Ordinance which is applicable to the 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 913, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent 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 neighbor.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rules 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 of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
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.
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DECISION OF THE PETITION OF ERIC HOLLAND & STEPHEN BUCHLER
REQUESTING A SPECIAL PERMIT & VARIANCE FOR THE PROPERTY LOCATED
AT 25 NORTH STREET
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. The petitioner was represented by Attorney David C. McBride.
2. A signed petition with 55 signatures in favor of the appeal was presented.
3. Several abutters also spoke in favor of the petition.
4. Petitioners would like a 3-unit tourist home and be owner occupied.
5. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal voted unanimously, 5-0 to grant the requested
Special Permit to operate a tourist home and Variance as to parking requirements,
subject to the following conditions:
1. 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.
3. All requirements of the Salem Fire Department relative to smoke and fire
Safety shall be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall obtain approval from any City Boards or Commissions having
jurisdiction including, but not limited to, the Historic Commission -_
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8. Two off site designated parking spaces are to be obtained for the owners vehi4s ;
when occupancy dictates. o =
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Special Permit & Variance Granted D „�
February 17, 1999
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Richard Dionne l
Board of Appeal
DECISION OF THE PETITION OF ERIC HOLLAND & STEPHEN BUCHLER
REQUESTING A SPECIAL PERMIT & VARIANCE FOR THE PROPERTY LOCATED
AT 25 NORTH STREET R2
page three
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 after the
date of filing of this decision in the office of the City Clerk. Pursuant to 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 certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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
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V WE, THE UNDERSIGNED, HEREBY STATE OUR SUPPORT FOR THE PETITION
OF ERIC HOLLAND AND STEEVE BUEHLER FOR A SPECIAL PERMIT TO OPERATE A
TOURIST HOME AND A VARIANCE WITH RESPECT TO PARKING REQUIREMENTS
CONCERNING THE PROPERTY AT 25 NORTH STREET, SALEM, MASSACHUSETTS:
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February 17, 1999
Dear Board Members,
Because of a previous commitment, I am unable to attend tonight's meeting on
behalf of and in support of Eric Holland. Please accept this letter in my absence.
My name is Bob Shea, and I own a small Bed &Breakfast here in Salem called
Morning Glory, located on Hardy Street. I have been in operation for just about three
years and can honestly say that I thoroughly enjoy my work. I have known Eric as a
friend for some time now and can tell you that he has also had this dream of owning and
operating his own Bed& Breakfast. Knowing Eric I can also tell you that he would
operate nothing less than a top notch establishment; one in which guests would want to
come back to time and again.
Although I have only been in business for three years, I can tell you that Salem is
in dire need of more accommodations for the overwhelming number of tourists and
business people that flock here every year. More often than not, I find myself referring
people to hotels outside the city of Salem. This is disappointing to many tourists who
have had their hearts set on staying in Salem, not to mention the added business it could
generate for the city.
I welcome the arrival of any new Bed &Breakfast establishment to the city of
Salem, especially one in which I am confident that the owner would take pride in
running. This indeed would be an added and welcome addition to the city of Salem. I
support Eric Holland's bid for a variance for his Bed &Breakfast establishment.
Regards,
Bob Shea
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February 17, 1999
To Whom It May
RE: 25 North Street, Salem, Massachusetts
The building at 25 North Street, Salem, Massachusetts has been vacant for
years. Ifwas basically abandoned property until an individual purchased it in 1997.
That party painted the building, but it essentially appeared to be abandoned property.
I am delighted that two people, Eric Holland and Stephen Buchler, have bought
the property at 25 North Street, Salem, Massachusetts in which they plan to live and
also put a bed and breakfast. They plan to improve the property both inside and out.
Since the property will be owner occupied, my property at 27 North Street, Salem,
Massachusetts will be a safer place because of the presence of the potential owners,
Eric Holland and Stephen Buehler. Moreover, they appear to be people with whom I
can cooperate toward maximizing our limited area. Cooperation with neighbors in such
close proximity is essential in promoting the enjoyment and improvement of property.
I strongly support the issuance of special permit for use of 25 North Street,
Salem, Massachusetts as a tourist home. Almost all of the abutters of this property are
commercial. Indeed, most of the property from Federal Street to Essex Street is
commercial. In addition, continued commercial use would provide higher revenue for
the City of Salem.
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For all of the above reasons, I support the endeavors of Eric Holland and
Stephen Buehler in obtaining a special permit for the use of 25 North Street, Salem,
Massachusetts as a tourist home.
Sincerely,
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MEP/djg Marianne Pantelakis
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Salem Historical Commission
ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978)740-0404
February 3, 1999
Nina Cohen, Chair
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Cohen:
The Salem Historical Commission is in receipt of your agenda for February 17, 1999 and would
like to notify the Board and remind the applicant that 25 North Street is located in the McIntire Historic
District. All alterations, construction, demolition or improvements to the exterior of the property
(including signage,vents, secondary egress, fencing etc.)will first require approval by the Salem Historical
Commission.
Thank you for your consideration.
Sincerely,
I
THE SALEM HISTORICAL COMMISSION
Helen Sides
Chairperson