Loading...
138 NORTH STREET - ZBA (4) -, 138 North St. R-:2,' rDonald & Lesa Haefner —` —" ofttlem, � ttssttcliuse##s vOPuttrb of 'Aupeal G DECISION ON THE PETITION OF DONALD AND LESA HAEFNER FOR VARIANCE AT 138 NORTH STREET (R-2) A hearing on this petition was held August 26, 1992 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Francis u Grealish, Edward Luzinski and Associate Ronald Plante. Notice of the �o ^� hearing was sent to abutters and others and notices of the hearing were 01) properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners, owners of the property, are requesting variance to allow an existing two family dwelling to be converted to a three family dwelling in this Residential Two Family District. The Variance which has been requested may be granted upon a finding by this Board that:_ 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Three letters in support of the petition and one letter in opposition were submitted. 2. Petitioner can meet the city requirement of 1 1/2 parking spaces per unit. 3. There are other buildings in the area with three or more units. 4. Financial hardship, with regard to the property, forces the petitioner to seek the relief requested. DECISION ON THE PETITION OF DONALD AND LESA HAEFNER FOR A VARIANCE AT 138 NORTH STREET, SALEM page two 5. The property would be protected by a condition that the property remain ci owner occupied. 6. There would be no changes to the exterior structure, all changes would m7, be interior. CD On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: H 1 . Special conditions exist which especially affect the subject property but not the district in general . 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3 . Desirable relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the variance requested, 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 and by legal building permit. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4 . Petitioner shall obtain a Certificate of Occupancy for the new dwelling unit. 5. As long as the building is used as a three family one of the apartments must be owner occupied. 6. A minimum of five (5) legal parking spaces shall be maintained on site in perpetuity. VARIANCE GRANTED August 26, 1992 Richard A. Bencal, Chairman Board of Appeal DECISION ON THE PETITION OF DONALD AND LESA HAEFNER FOR VARIANCE AT 138 NORTH STREET, SALEM 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 c ' J H v J o e xvm Office of p n6m CTRU (goulCttl ,Salem, 'Ptam 61978 Mr. Arthur E. Labrecque Associate Member Board of Appeal ,� ��� i i (fits of �tlPm, ttssttt llSPtfB Office of tate (tlitg (Eounril aitq dell COUNCILLORS-AT-LARGE DONALD T. BATES WARD COUNCILLORS 992 PRESIDENT 1992 DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK GEORGE P.McCASE CITY CLERK KEVIN R.HARVEY JANE STIRGWOLT - VINCENTJ.FURFARO STANLEY J.USOVICZ.JR. LEONARD F.O'LEARY DAVID B.GAUDREAULT SARAH M.HAYES August 25, 1992 MARK E.BLAIR Mr. Richard Bencal, Chairman Board of Appeal City of Salem Salem, MA 01970 RE: Petition of Donald and Lesa Haefner Gentlemen: I am writing to express my opposition to the petition of Donald and Lesa Haefner to convert a two-family dwelling into a three family dwelling at 138 North Street. My first concern is parking. Although it appears that the Haefners ' are not seeking relief from the parking requirements, parking is a very big concern in this neighborhood. In fact, Mr. Haefner has complained to me several times relative to the lack of on-street parking in the vicinity of 138 North Street. If the Haefners ' plan is to park five (5 ) vehicles in their yard, such action would violate the intent of the R-2 district - spacious neighborhoods suitable for healthy, safe, convenient and comfortable family life. The lost of green space in that yard would not be in harmony with the remainder of properties on Dearborn Street. The placing of this property in the R-2 district was intentional - to protect and promote the quality of life on Dearborn Street. This property is the entrance way to that beautiful street and this Board should not change its open and spacious character. Secondly, the Zoning Ordinance defines the variance as a relaxation of the terms of the ordinance. Such relaxation cannot be contrary to the public interest. Surely the instant petition cannot be adjudged in the public interest. A granting of same will only be in the financial interest of the petitioners . Furthermore, it is incomprehensible for anyone to argue that there are 1 conditions peculiar to this property that a literal enforcement of this ordinance would result in unnecessary and undue hardship. This property has existed as a two-family for 45 years in my personal memory. The petitioners purchased it as a two-family. Nothing has changed to create a requisite hardship. And as you well know, the City Council amended the Zoning Ordinance to require a finding of hardship when one seeks to convert a two-family to a three-family in an R-2 District. In the instant case, such a finding would be laughable. The Board of Appeals is charged with promoting the health, safety and convenience of the people of Salem. Among the particular purposes you are charged to lessen congestion in the streets, to prevent overcrowding of land, to avoid undue concentration of population and to preserve and protect open space. To grant this Variance, the Board of Appeals would have to forge all these enumerated duties . I sincerely request that you obey your charge and deny this petition. Sincerely, SARAH M. HAYES COUNCILLOR WARD SIX 2 a e �cvm t�fCae of �sattm ((Iitg anv=il jsnlem, jfi6ss. 919711 Mr. Stephen C. Touchette Boare of Appeal .� , " �, -" i ` � H t"MMIIJub� (ffitg of Salem, ffinaz xr4usetts Vfice of t4c filitg Touncil COUNCILLORS-AT-LARGE DONALD T.BATES WARD COUNCILLORS 992 PRESIDENT 1992 DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK GEORGE P.MCCABE CITU CLERK KEVIN R HARVEY JANE STIRGWOLT VINCENT J.FURFARO STANLEY J.USOVICZ,JR LEONARD F.O'LEARY DAVID B.GAUDREAULT SARAH M.HAYES August 25, 1992 MARK E.SLAIR Mr. Richard Bencal, Chairman Board of Appeal City of Salem Salem, MA 01970 RE: Petition of Donald and Less Haefner Gentlemen: I am writing to express my opposition to the petition of Donald and Lesa Haefner to convert a two-family dwelling into a three family dwelling at 138 North Street. My first concern is parking. Although it appears that the Haefners ' are not seeking relief from the parking requirements, parking is a very big concern in this neighborhood. In fact, Mr. Haefner has complained to me several times relative to the lack of on-street parking in the vicinity of 138 North Street. If the Haefners ' plan is to park five (5 ) vehicles in their yard, such action would violate the intent of the R-2 district - spacious neighborhoods suitable for healthy, safe, convenient and comfortable family life. The lost of green space in that yard would not be in harmony with the remainder of properties on Dearborn Street. The placing of this property in the R-2 district was intentional - to protect and promote the quality of life on Dearborn Street. This property is the entrance way to that. beautiful street and this Board should not change its open and spacious character. Secondly, the Zoning Ordinance defines the variance as a relaxation of the terms of the ordinance. Such relaxation cannot be contrary to the public interest. Surely the instant petition cannot be adjudged in the public interest. A granting of same will only be in the financial interest of the petitioners . Furthermore, it is incomprehensible for anyone to argue that there are 1 4 conditions peculiar to this property that a literal enforcement of this ordinance would result in unnecessary and undue hardship. This property has existed as a two-family for 45 years in my personal memory. The petitioners purchased it as a two-family. Nothing has changed to create a requisite hardship. And as you well know, the City Council amended the Zoning Ordinance to require a finding of hardship when one seeks to convert a two-family to a three-family in an R-2 District. In the instant case, such a finding would be laughable. The Board of Appeals is charged with promoting the health, safety and convenience of the people of Salem. Among the particular purposes you are charged to lessen congestion in the streets, to prevent overcrowding of land, to avoid undue concentration of population and to preserve and protect open space. To grant this Variance, the Board of Appeals would have to forge all these enumerated duties . I sincerely request that you obey your charge and deny this petition. Sincerely, SARAH M. HAYES COUNCILLOR WARD SIX 2 1 Dear Neighbor, I am writing to you today to inform you that my wife, Lesa and I are going to be starting some work on our house. We plan to put an addition onto the 3rd floor in order to make that floor a separate apartment. These changes are not going to alter the structure in any way. My wife and I are looking forward to these changes and are always trying to find ways to upgrade our property. We are are proud of our house and the entire neighborhood. We truly hope you will not have any objections to our impending alternations. If you do not have any objections, please sign below and place this letter in the self addressed signed envelope and return it to me. _ � '�_ (signature) (Date) Thank you for your attention and participation. Sincerely, �- 9 1Z Donald and Lesa Haefner 1 Dear Neighbor, I am writing to you today to inform you that my wife, Lesa and I are going to be starting some work on our house. We plan to put an addition onto the 3rd floor in order to make that floor a separate apartment. These changes are not going to alter the structure in any way. My wife and I are looking forward to these changes and are always trying to find ways to upgrade our property. We are are proud of our house and the entire neighborhood. We truly hope you will not have any objections to our impending alternations. If you do not have any objections, please sign below and place this letter in the self addressed signed envelope and return it to me. (9AA6— ,(Signature) �-f- -St'leM MP, (Date) ke(\(� S Thank you for your attention and participation. Sincerely, �/ /�' Donald and Lesa Haefner i 1 Dear Neighbor, I am writing to you today to inform you that my wife, Lesa and I are going to be starting some work on our house. a We plan to put an addition onto the 3rd floor in order to make that floor a separate apartment. These changes are not going to alter the structure in any way. My wife and I are looking forward to these changes and are always trying to find ways to upgrade our property. We are are proud of our house and the entire neighborhood. We truly hope you will not have any objections to our impending alternations. If you do not have any objections, please sign below and place this letter in the self addressed signed envelope and return it to me. 0 ? 1 Gy_.�A � I &Zl�� (Signature) (D at Thank you for your attention and participation. Sincerely, L) , '�-/'J'- 9� Donald and Lesa Haefner Titg oftxlem, ttss�tcl#use#ts r Office of toe Qlitg fdouncil Tau W1 �cUKtM1 COUNCILLORS-AT-LARGE DONALD T. BATES WARD COUNCILLORS 7992 PRESIDENT 7992 DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK GEORGE P.MCCASE CITY CLERK KEVIN R.HARVEY JANE STIRGWOLT VINCENT J.FURFARO STANLEY J.USOVICZ,JR LEONARD F.O'LEARY DAVID B.GAUDREAULT SARAH M.HAYES August 25, 1992 MARK E.BLAIR Mr. Richard Bencal, Chairman Board of Appeal City of Salem Salem, MA 01970 RE: Petition of Donald and Lesa Haefner Gentlemen: I am writing to express my opposition to the petition of Donald and Lesa Haefner to convert a two-family dwelling into a three family dwelling at 138 North Street. My first concern is parking. Although it appears that the Haefners ' are not seeking relief from the parking requirements, parking is a very big concern in this neighborhood. In fact, Mr. Haefner has complained to me several times relative to the lack of on-street parking in the vicinity of 138 North Street. If the Haefners ' plan is to park five (5) vehicles in their yard, such action would violate the intent of the R-2 district - spacious neighborhoods suitable for healthy, safe, convenient and comfortable family life. The lost of green space in that yard would not be in harmony with the remainder of properties on Dearborn Street. The placing of this property in the R-2 district was intentional - to protect and promote the quality of life on Dearborn Street. This property is the entrance way to that beautiful street and this Board should not change its open and spacious character. Secondly, the Zoning Ordinance defines the variance as a relaxation of the terms of the ordinance. Such relaxation cannot be contrary to the public interest. Surely the instant petition cannot be adjudged in the public interest. A granting of same will only be in the financial interest of the petitioners . Furthermore, it is incomprehensible for anyone to argue that there are 1 conditions peculiar to this property that a literal enforcement of this ordinance would result in unnecessary and undue hardship. This property has existed as a two-family for 45 years in my personal memory. The petitioners purchased it as a two-family. Nothing has changed to create a requisite hardship. And as you well know, the City Council amended the Zoning Ordinance to require a finding of hardship when one seeks to convert a two-family to a three-family in an R-2 District. In the instant case, such a finding would be laughable. The Board of Appeals is charged with promoting the health, safety and convenience of the people of Salem. Among the particular purposes you are charged to lessen congestion in the streets, to prevent overcrowding of land, to avoid undue concentration of population and to preserve and protect open space. To grant this Variance, the Board of Appeals would have to forge all these enumerated duties . I sincerely request that you obey your charge and deny this petition. Sincerely, SARAH M. HAYES COUNCILLOR WARD SIX 2 i V l I Salem Historical Commission ONE SALEM GREEN.SALEM, MASSACHUSETTS 01970 . (5081745-9595 EXT_311 August 19, 1992 Richard Bencal, Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Chairman Bencal : The Salem Historical Commission is in receipt of your agenda for August 26 , 1992 of which petitions for 138 North Street and 142 Federal Street will be heard. The Commission has enclosed a building survey form for 138 North Street which indicates that it was built by 1859 . While the Commission takes no position on the petition, we are hopeful that any alterations or new construction approved will be sympathetic to the historic architecture of the building and neighborhood. In this regard, we would be pleased to offer design review, should the Board of Appeal request such services . The property located at 142 Federal Street is located within the McIntyre Historic District and any work proposed will require approval from the Salem Historical Commission. Since the petitioner has not yet submitted an application and plans, we are unable to determine if the proposed work is historically appropriate. We suggest that the applicant request a continuance from the Board of Appeal until after the Commission has completed its review. Should our approval necessitate changes in the design plans, the applicant would save time and money by not having to reapply to the Board of Appeal . If the petitioner submits an application and plans to the Salem Historical Commission by August 31, 1992, it can be heard at our meeting of September 16 , 1992 . Thank you for your consideration. Sincerely, LDC THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman JG\JG\BOA �r A?EA FOM.: NO. i FORM B - BUILDING MASSACHUSETTS HISTORICAL COMMISSION . 0 80 BOYLSTON STREET', BOSTON, MA 02116 Salem 138 :forth Street c Name e resent Residential _ giaal Residential____ _ IIIIIIII� by 1859 _ e City Directories ._ S'u,TCH .MAP SY.ow property'.s location in relation Style Italianate _. to ne2re5t cross :traets and/or geogzaphical features. Indicate H Architect all buildings between inventoried prcperty and nearest intersection. Exterior wall fabric vinyl Indicate north. pEMC(;oFr Outbuildings ' well.-preserved carriace house sl' Major alterations (With dates) _ " OOi (URIALE Pom ^7 teredwin m- rr-r r—wcr Moved Date /V' T1+ Approx. acreage Less than one acre Sr. Recorded by Debra Hilbert Setting Corunercial / Residential, on Organization Saler. Planning Department Route 114 Date *a 198A (Staple additional sheets here) ARCHITECT- AL SIGIIFIG4Ny (Describe 1,Tortant architectural features and — evaluate in terms other build_lgs within the cnrtem mi^,.) The main block of this side gabled Italianate house consists of a 3-bay symmetrically arranged facade with a center entry. . While the front doorway has been altered, the house still has its original entrance r The ba is elaborately porticowhich supports y Y p p orts a second story bay.P decorated with keystoned, round-arched windows and a bracketed cornice.' HISTORICAL. SICs4IFIGNcE (Explain the role owners played in local or state history and how the building relates to the development of the co==itY.) Directories show that this house was standing by 1859 at which time it was owned by Charles E. Symonds. From the time Symonds began living ' here at least until 1864, . he was Salem' s city treasurer. Later directories list him as a treasurer for the Salem Savings Bank. Symonds was a descendent of John Symonds who came to Salem in 1636 and was said to have built the first house in the Northfields, (as North Salem was originally called) . In 1665 that house was located at what is now 111 North St. Historical research by Sidney Perley shows that in 1700, James Symonds (John' s son) owned a large parcel of land along the east side of North St. From the North River to Orne St. approximately 300 feet in depth. Other lots were laid out parallel to this one . extending all the way east to Orne's Point. What began as fields held under a system of communal proprietorship ended up by the mid-1812 century with individually held parcels. Apparently parts of the Symonds holdings continued down into the 19th century when this house was built t BI�LIOGZAE'rY and/or RE UEN'C-E5 (name of publication, author, date and publisher) 1851-1874 Salem Maps 1859-1874 Salem Directories Perley, Sidney. "Northfields, Salem, in 1700." Essex Inst. Hist. Coll. ,vo1 . 48, p. 172 * Other features are the deep eaves and eave returns, dentiled cornice, rear open bracket porch with spindle posts, and south end gabled wing. The carriage house is well-preserved and features aseymentally arched door and bay loft , round-arched windows, .a wall dormer, and cornice bracket: lODt - 7/