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148 NORTH STREET - ZBA 148 NORTH STREET R-2 ' V r_ cC ✓Z V\ T O - i v Sli,si�/v y �ayTrq LG vft iri LZS/ d GZ T'r-1 LC-- V)I-r o.i.J g H I N �l 1 i n/Oe TIJ 1 Legal Notice CITY OF SALEM - .BOARD OF APPEAL Will hold a public hearing for all 1— persons interested in the petition sub. emitted by STEPHEN HARRIS requesting a Special Permit/Vari- ance to enlarge a non-conforming -. b. L4ructure for the property located at ig 148 NORTH STREET (R-2): Said 'c- hearing to be held WEDNESDAY, A . .SEPTEMBERS 17, 1997 at 6:30 P.M., :y ONE SALEM GREEN,2nd floor., - Gary Barrett,Chairman d (9/3,10). ,. _ - 7, N - . .. in (situ of "Salem, �fflttszudjllsetts 344 ' Potts of �u}Tettl �« 30 iO .. 41' '97 �•I� or sr.Li:1-. rass ' Cir `�K'$ OF�ICF DECISION ON THE PETITION OF STEPHEN HARRIS REQUESTING A VARIANCE\SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 148 NORTH STREET (R-2) A hearing on this petition was held September 17,1997 with the following Board Members present: Nina Cohen, Albert Hill, Joseph Ywuc and Richard Dionne. 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\Variance to enlarge a non- conforming structure for the property located at 148 North Street. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 rule 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 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 . The Petitioner requested and was granted leave to withdraw the Variance without prejudice. 2 . Petitioner would like to enlarge the 2nd floor apartment unit by adding two dormers. 3. A letter was submitted from Staley McDermet with concerns of the petitioner wanting to increase the number of dwelling units at the property. 4 . Bill Wilkins, 29 Upham Street appeared to speak in favor of this petition. DECISION OF THE PETITION OF STEPHEN HARRIS REQUESTING A SPECIAL PERMIT\VARIANCE FOR THE PROPERTY LOCATED AT 148 NORTH STREET. (R-2) page two On the basis of the above findings of fact, and on the evidence jG ic l�a '9� presented, the Board of Appeal concludes as follows: "!' v. l I fiY'C -ter;__ '4A$ 1. The Special Permit requested can be granted without substantial Cr 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 promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to grant the Special Permit 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 approved by the Building Inspector. 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. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing structure. SPECIAL PERMIT GRANTED September 17, 1997 Joseph Ywuc, JJJMember Board of Appeal DECISION OF STEPHEN HARRIS REQUESTING A SPECIAL PERMIT\VARIANCE FOR THE PROPERTY LOCATED AT 148 NORTH STREET (R-2) page three 0 iii p 'qt A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD, AND , THE CITY CLERK I iSR'S 0FFfCE 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 filing 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 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 or 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 30 Dearborn Street Salem,MA 01970-2450 September 17, 1997 RE: Special Permit/Variance Request to enlarge a non-conforming structure at 148 North Street Gary Barrett, Chairman Salem Board of Appeals One Salem Green Salem,MA 01970 Dear Mr.Barrett: I live in the neighborhood,but am unable to attend tonight's meeting. However, I would like to submit the following comments for the Board's consideration. I have no objection to a Special Permit being granted for the alterations proposed to enlarge a non-conforming structure. I do object to the granting of any Variance, especially in order to increase the number of dwelling units. North Street is already an over-burdened street, and it does not need more congestion. Additionally,crowding more residential units onto North Street will only further the street's deterioration. If a Special Permit is granted for alterations, I suggest a condition similar to the following be attached in order to eliminate a future increase in dwelling units. Often a building is enlarged, then a later owner will come back to the board to petition for an increase in dwelling units arguing that the building is too big. This condition will put any new owner on notice that an increase is not a possibility. 1. No increase in the number of dwelling units will ever be requested by this or any future owner of the property. I feel that North Street is a critical part of our neighborhood,and any changes deserve careful attention. A condition similar to the above should be helpful in limiting any adverse impacts of the proposed alterations. Also,I do not believe any variance should be granted for this property,as the advertisement and the information on file at the Building Inspector's office address only the enlarging of a non-conforming structure,which requires a Special Permit. I regret being unable to attend this hearing,but appreciate your consideration of my comments. Thank you for your consideration of these comments. *44S10— Staley McDermet To Whom It May Concern: We, Robert Harris and Sophie Harris, owners of the property located at 148 North Street, Salem, Massachusetts, grant permission to and authorize Stephen R. Harris to seek a variance/special permit from the Board of Appeals with regard to the property located at 148 North Street, Salem, Massachusetts. obert Harris Sopl�hHarris Dated: September 7,1997 1' T >z clfl 3T 47x: pp� Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (508) 745-9595 EXT. 311 FAX (508) 740-0404 September 15, 1997 Gary Barrett, Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Chairman Barrett: The Salem Historical Commission is in receipt of your agenda for September 17, 1997 and offers the following comments: 1. 148 North St. -Enclosed please find a Building Survey form for this property indicating that it was built by 1850. While the Commission takes no position on the proposal, we hope that any new construction would be sympathetic in design. If requested by the Board of Appeal as a condition of approval, we would be pleased to provide design review. Thank you for your consideration. Sincerely, THE SALEM HISTORICAL COMMISSION Helen Sides Chairperson JGVG\BOA0695 AREA FORM No. I FORM, 3 - BUIL.DING a-7 a `(7 MASSACHUSETTS HISTORICAL COMMISSION 80 BOYLSTON STP.FXT; BOSTON, MA 02116 / Salem 148 North St. G . c Name resent_ residential ® a ® V ginal_ u if' t IPTIO.1A �. ee City Directories SaTl-9 MLP Show property'.s location in relation Style Greek Revival to nesrnst cross streets and/or geographical features. Indicate architect all buildings between inventoried property and neirest intersection. Exterior wall fabric clapboards Indicate north. Outbuildings _ ' STonDER pcnc.k Major alterations (with dates) one- story early 20th century rear addition ?loved Date ST• Approx. acreage less than one .4ecorded by Debra Hilbert Setting commercial/residential Organization Salem Planning Dent . on route 114 Date May 1986 (Staple additional sheets here) �pC:II`iLt;I SICIIFICMC (Describe inportant architectural features and eVal•, te in terms of other buildings within the comtrazity.) This house is typical of a very popular Greek Revival design in Salem. Oriented with its pedimented gable end to the street, the dwelling has a recessed sidehall entry featuring sidelights, and a transom. The heavily bracketed doorhood is a transitional Italianate detail. Other elements are the granite foundation and the slender sill and cornice boards which' contrast with the very deep entablature cornice. HIST0RIG4:. SIG\IIFIG4NCE (Explain the role owners played in local or state history and how the building relates to the development of the co•=—,ity.) Directories indicate that this house was standing by 1850, at which time ..,,... 'it was owned by carpenter Thomas P. Honeycomb. Because of his occupation it may be that Honeycomb built this house himself for his own use. Before North Salem began to develop as a residential neighborhood in the 19th century, the area was known as the Northfields. Land was held communally for agricultural purposes. By 1700, the property on the east side of North Street from the North River to Orne Street had been assigned to James Symonds. Until the North Bridge was built in 1744, this area was isolated with access available only by ferry or from Boston Street via present—day Peabody. The bridge made development here more desirable especially along North Street, the main thoroughfare from Salem to Danvers. BIBLIOCPA:iY and/or RE rFEMNCrS (na= of publication, autho., date and publishes) 1851 , 1874 Salem Maps 1846, 1874 Salem Directories i Perley, Sidney. "Northfield, Salem, in 1700." Essex Institute Hist. Coll . , Volume 48, pp. 172-174 lal 7/82