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90 SUMMER STREET - ZBA 9 -a/\. D t i _. .. Vii• _. _ ..`. --.r _- � goNolr�Aa CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR �(fO SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 IIYE W� FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR n Rescinded Decision for 90 Summer Street m Nmco h"z July 28, 2008 ' Mr. John Donahue 6 90 Summer Street Salem, MA 01970 RE: . 90 Summer Street Vote to Rescind March 13, 2008 Zoning Board of Appeals Decision Dear Mr. Donahue: Your letter, dated July 14, 2008, requested that the Board of Appeals withdraw the decision for 90 Summer Street dated March 13, 2008. This decision granted variances to allow for the building which had existed at 60 Federal Street to be moved to 90 Summer Street. The Board understands that the building which is the subject of this decision no longer exists and for this reason you do not wish to litigate the appeal. On July 16, 2008 the Board of Appeals voted by a vote of five in favor and none opposed to rescind the decision for 90 Summer Street dated March 13, 2008. Sincerely, Robin Stein, Chair Cc: Cheryl LaPointe, City Clerk Elizabeth Rennard, City Solicitor Jeffery Scuteri, Esq. ' �oyolrI CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 1 20 WASHINGTON STREET. 3RD FLOOR SALEM. MASSACHUSETTS O 1970 TELEPHONE: 978-745-9595 "•%i1RIF 0 FAX 978-740-9846 2000 14AR 13 P 4: 59 KIMBERLEY DRISCOLL MAYOR CITY CLERK. SALEN , FiASS. March 13, 2008 Decision City of Salem Zoning Board of Appeals Petition of John Donahue requesting Variances to allow for a building located at 60 Federal Street to be moved to 90 Summer Street (R-2]. Variances are being requesting from minimum lot area, minimum lot area per dwelling unit, minimum lot width, maximum lot coverage, depth of front yard, depth of side yard, and parking requirements. A public hearing on the above Petition was opened on March 12, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was closed on March 12, 2008 with the following Zoning Board members present: Robin Stein, Rebecca Curran, Elizabeth Debski, Richard Dionne, and Annie Harris. Petitioner seeks variances pursuant to the following sections of the Salem Zoning Ordinance: Table I: Residential Density Regulations, and Sec. 7-3. Off-street parking; uncovered, not included in structure. Statements of fact: 1. The petitioner, John Donahue, owns 90 Summer Street, a property located in the Residential Two Family (R2) Zoning District. 2. Plans accompany the Petition include the plot plan prepared by Eastern Land Survey, entitled "Plot Plan of Land Located in Salem, Mass." 3. The property is 7,889 square feet and the existing structures on the site include a garage and a two family residential structure. 4. The petitioner proposes to move the building located at 60 Federal Street to 90 Summer Street (the Downing Street side of the lot). The building at 60 Federal Street, also known as the Lydia Cook House was constructed in approximately 1818 for David Crowell. It is one of three buildings scheduled to be demolished or moved'fo make way for the new Michael J. Ruane Judicial Center. The building is listed as contributing building to the Courthouse Historic District. 5. To divide the lot into two lots, the petitioner has filed a Waiver of Frontage request with the Planning Board, and is seeking endorsement of an Approval Not Required Plan. 2 6. The parcel had historically been used as two separate lots, and a residence existed at 9 Downing Street until the Salem fire of 1914. 7. The proposed lot area for the new Downing Street lot and the lot remaining lot at 90 Summer Street are similar to what exists in the neighborhood. The proposed lot width and setbacks for the new Downing Street lot are also consistent with the neighborhood. Lot coverage for both lots will be less than the average lot coverage in the neighborhood. 8. There is adequate room for a one car driveway on the proposed Downing Street lot. 9. Six (6) residents spoke in favor of the petition including members of the Federal Street Neighborhood Association, the Salem Historic Commission, and Historic Salem Incorporated. 10. Letters of support were submitted by Mary Whitney(356 Essex Street), Massachusetts State Representative John Keenan, Meg Twohey and Betsy Burns (Federal Street Neighborhood Association), and Emily Udy(Historic Salem Incorporated). 11. A petition in support of the application was submitted by John Donahue and signed by five (5) residents of Summer Street and Prescott Street. 12. Robert Femino (a resident of Endicott Street represented his father who owns 120-124 Margin Street), Stephen Robinson (1-5 Downing Street), Ruth Wall (13 Crombie Street), and Joseph Zavalia (15 Prescott Street) spoke against the application. 13. A petition opposing the application was submitted by Robert Femino. The petition was signed by twenty three (23) residents and property owners of properties on Prescott Street, Margin Street, Endicott Street, Downing Street, and Summer Street. 14. A two family home constructed at 27-29-Endicott Street in 2006 improved the character of the neighborhood. 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. The size and depth of the lot at 90 Summer Street, is not generally found in this neighborhood and zoning district. Moving the residence at 60 Federal Street to 90 Summer Street and creating two lots is not inconsistent with the existing density of the neighborhood and district. 3 2. The house to be moved to the new Downing Street lot is a small single family home and will remain a single family home. It represents a much less intense use than many of the existing homes in the neighborhood. 3. A literal enforcement of the provisions of the City of Salem Zoning Ordinance would prevent the lot at 90 Summer Street from being developed in a manner consistent with the neighborhood resulting in substantial hardship, financial or otherwise to the petitioner. Additionally, the literal enforcement of the provisions would result in unnecessary hardship to the community, which has recognized historic buildings as one of Salem's key resources. 4. The variances requested are not contrary to the public interest and, owing to special conditions 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 create a greater separation between the house to be moved to the new Downing Street lot and the structure located at 120-124 Margin Street and if permitted by the Building Code, the house to be relocated shall be placed on the new Downing Street lot such as to permit a driveway on the south side of said lot, so long as such placement will allow for at least a two foot side yard setback on the southerly lot line. If so located, the front yard setback may be of 0 feet, which setback is consistent with existing homes. If it is not possible to so locate the house, then the house shall be located as per the plan and application submitted. 2. To enable the building at 60 Federal Street to be moved to 90 Summer Street, the petitioner may vary the terms of the Salem Zoning Ordinance noted with an asterisk (*) in the following charts: Table I: Density Regulations 90 Summer Proposed Required (R-2) Street Lot Downing (after being Street Lot divided Min. lot area (sq ft 15,000 4,400 - 3,489 ' Min. lot 7,500 2,200' 3,489 ' arealdwelling unit (2 family) (1 family) (sq ft Min. lot width ft 100 No Chane Approx 40.7 ' Max. lot coverage 35% 38% 26% Min. depth of front 15 No Change 0 to 3' (see and ft conclusion 1 Min. width of side 10 No Change 2 to 6 ' (see and ft conclusion 1 Min. depth of rear 30 29 ' 31 and ft 4 Section 7-3 Proposed Downing Street Lot -Parking Requirements R-2 1 %2 spaces per dwelling unit 1' (one (1) space is provided on site with a min. of 2 by a driveway not depicted on the Ian 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. The historic character, details, and materials of the exterior of the house to be located on the new Downing Street lot shall be maintained. No vinyl siding or vinyl-clad windows shall be permitted. The petitioner, his heirs, successors and assigns shall familiarize himself with the Salem Historic Commission guidelines prior to undertaking any exterior work and are encouraged to follow such guidelines. 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 of Commission having jurisdiction including, but not limited to, the Planning Board. 9. Unless this Decisions expressly provides otherwise, 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 5 (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. 1000 RAR-1 3 P 4: 5 Robin Stein, Chair C1TY FILE i7 Salem Zoning Board of Appeals CLEFI , SALEM, ht iS A COPY OF IT IIS 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 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. • S COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss LAND COURT DEPARTMENINOR MAR 31 p 12: 35 NO. 376003 CI?} CLF h:`SALE . MASS. FRANK FEMINO, Plaintiff v NOTICE OF APPEAL. ROBIN STEIN, REBECCA CURRAN, ELIZABETH DEBSKI, RICHARD DIONNE RECEIVE® AND ANNIE HARRIS, as they are members of the City of Salem Board of Appeals, and APR 0 1 2003 JOHN DONAHUE, Defendants DEPT. PLANNING& COMMUNITY DEVELOPMENT TO: City Clerk's Office City of Salem 93 Washington Street Salem, MA 01970 In accordance with M.G.L. c. 40A, §§ 10 and 17, please be advised that the above- captioned action has been filed on March 27, 2008 in the Land Court Department, appealing a decision of the Board of Appeals of the City of Salem, in which the Board voted to grant the defendant Donahue's application for variances from the City of Salem Zoning Ordinances. A copy of said Complaint is enclosed. Respectfully submitted, Frank Femino By its attorney, ti J ffrey T. Scuteri (BBO# 449700) ODDARD, SCUTERI &DELANEY 27 Congress Street Salem, MA 01970 Dated: March 31, 2008 (978) 745-6200 4. The defendants: Robin Stein, 141 Fort Avenue, Salem, MA; Rebecca Curran, 14 Clifton Avenue, Salem, MA; Elizabeth Debski, 43 Calumet Street, Salem, MA; Richard Dionne, 23 Gardner Street, Salem, MA; and Annie Harris, 28 Chestnut Street, Salem, MA, sitting and acting as the permit granting authority pursuant to M.G.L. c. 40A, authorized to hear and determine petitions regarding the granting of variances (hereinafter`Board"). 5. The defendant, John Donahue, is the owner of the real estate located at 90 Summer Street, Salem, Essex County, Massachusetts. GENERAL ALLEGATIONS 6. On or about March 12, 2008 a hearing on a petition to vary the City of Salem zoning ordinances was duly held. 7. After said public hearing and on or about March 13, 2008, said petition for variance was granted. 8. The grant included a variance from the following sections of the City of Salem's zoning ordinances: Table I: Residential Density Regulations, and Sec. 7-3. Off-Street Parking; uncovered, not included in structure. 9. Said decision was filed with the Salem City Clerk on March 13, 2008. A certified copy of said decision is attached hereto. 10. At the aforementioned public hearing, the plaintiffs representative spoke against the application. 11. The Board's decision to grant these variances is arbitrary, capricious and an abuse of the Board's discretion, and therefore, exceeds the authority of the Board. 2 12. The defendant, John Donalme's, lot currently contains one house on a lot that fails to meet any of the requirements for a valid house lot under the current zoning ordinances. The lot is: undersized, does not have sufficient frontage and does not have sufficient setbacks, yet still the Board has granted a variance allowing this undersized lot to be further sub-divided to allow the addition of a second house. The newly created lot is severely undersized and again does not meet any of the setback requirements. 13. The Board failed to make any findings that this lot is entitled to the grant of a variance pursuant to c. 40A, § 10. 14. There exists no facts to support any finding for a grant of a variance under Massachusetts law. WHEREFORE, the plaintiff respectfully demands this Honorable Court: 1. Rule that the Board's decision is arbitrary, capricious and an abuse of discretion; 2. Enter an order annulling said decision of the Board; and 3. Grant any other such relief that this Honorable Court deems meet and just. Respectfully submitted, Frank Femino thisttorney, . Scuteri (BBO# 449700) RD, SCI &DELANEY 27 Congress Street Salem, MA 01970 Dated: March 27, 2008 (978) 745-6200 3 °NAS CITY OF SALEM, MASSACHUSETTS g� J BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR O SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAR 13 1� t� MAYOR y: 5q C17yC, March 13, 2008 Decision City of Salem Zoning Board of Appeals Petition of John Donahue requesting Variances to allow for a building located at 60 Federal Street to be moved to 90 Summer Street [R-2]. Variances are being requesting from minimum lot area, minimum lot area per dwelling unit, minimum lot width, maximum lot coverage, depth of front yard, depth of side yard, and parking requirements. A public hearing on the above Petition was opened on March 12, 2008 pursuant to Mass General Law Ch. 40A, §§ 11. The public hearing was closed on March 12, 2008 with the following Zoning Board members present: Robin Stein, Rebecca Curran, Elizabeth Debski, Richard Dionne, and Annie Harris. Petitioner seeks variances pursuant to the following sections of the Salem Zoning Ordinance: Table I: Residential Density Regulations, and Sec. 7-3. Off-street parking; uncovered, not included in structure. Statements of fact: 1. The petitioner, John Donahue, owns 90 Summer Street, a property located in the Residential Two Family (R2) Zoning District. 2. Plans accompany the Petition include the plot plan prepared by Eastern Land Survey, entitled "Plot Plan of Land Located in Salem, Mass." 3. The property is 7,889 square feet and the existing structures on the site include a garage and a two family residential structure. 4. The petitioner proposes to move the building located at 60 Federal Street to 90 Summer Street (the Downing Street side of the lot). The building at 60 Federal Street, also known as the Lydia Cook House was constructed in approximately 1818 for David Crowell. It is one of three buildings scheduled to be demolished or moved to make way for the new Michael J. Ruane Judicial Center. The building is listed as contributing building to the Courthouse Historic District. 5. To divide the lot into two lots, the petitioner has filed a Waiver of Frontage request with the Planning Board, and is seeking endorsement of an Approval Not Required Plan. 2 6. The parcel had historically been used as two separate lots, and a residence existed at 9 Downing Street until the Salem fire of 1914. 7. The proposed lot area for the new Downing Street lot and the lot remaining lot at 90 Summer Street are similar to what exists in the neighborhood. The proposed lot width and setbacks for the new Downing Street lot are also consistent with the neighborhood. Lot coverage for both lots will be less than the average lot coverage in the neighborhood. 8. There is adequate room for a one car driveway on the proposed Downing Street lot. 9. Six (6) residents spoke in favor of the petition including members of the Federal Street Neighborhood Association, the Salem Historic Commission, and Historic Salem Incorporated. 10. Letters of support were submitted by Mary Whitney(3 56 Essex Street), Massachusetts State Representative John Keenan, Meg Twohey and Betsy Bums (Federal Street Neighborhood Association), and Emily Udy(Historic Salem Incorporated). 11. A petition in support of the application was submitted by John Donahue and signed by five (5)residents of Summer Street and Prescott Street. 12. Robert Femino (a resident of Endicott Street represented his father who owns 120-124 Margin Street), Stephen Robinson (1-5 Downing Street), Ruth Wall(13 Crombie Street), and Joseph Zavalia(15 Prescott Street) spoke against the application. 13. A petition opposing the application was submitted by Robert Femino. The petition was signed by twenty three (23) residents and property owners of properties on Prescott Street, Margin Street, Endicott Street, Downing Street, and Summer Street. 14. A two family home constructed at 27-29-Endicott Street in 2006 improved the character of the neighborhood. 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. The size and depth of the lot at 90 Summer Street, is not generally found in this neighborhood and zoning district. Moving the residence at 60 Federal Street to 90 Summer Street and creating two lots is not inconsistent with the existing density of the neighborhood and district. 3 2. The house to be moved to the new Downing Street lot is a small single family home and will remain a single family home. It represents a much less intense use than many of the existing homes in the neighborhood. 3. A literal enforcement of the provisions of the City of Salem Zoning Ordinance would prevent the lot at 90 Summer Street from being developed in a manner consistent with the neighborhood resulting in substantial hardship, financial or otherwise to the petitioner. Additionally, the literal enforcement of the provisions would result in unnecessary hardship to the community, which has recognized historic buildings as one of Salem's key resources. 4. The variances requested are not contrary to the public interest and, owing to special conditions 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 create a greater separation between the house to be moved to the new Downing Street lot and the structure located at 120-124 Margin Street and if permitted by the Building Code, the house to be relocated shall be placed on the new Downing Street lot such as to permit a driveway on the south side of said lot, so long as such placement will allow for at least a two foot side yard setback on the southerly lot line. If so located, the front yard setback may be of 0 feet, which setback is consistent with existing homes. If it is not possible to so locate the house, then the house shall be located as per the plan and application submitted. 2. To enable the building at 60 Federal Street to be moved to 90 Summer Street, the petitioner may vary the terms of the Salem Zoning Ordinance noted with an asterisk (*) in the following charts: Table I: Density Regulations 90 Summer Proposed Required (R-2) Street Lot Downing (after being Street Lot divided Min. lot area (sq ft 15,000 4,400 * 3,489 ' Min. lot 7,500 2,200* 3,489 * area/dwelling unit (2 family) (1 family) (sci ft Min. lot width ft 100 No Chane Approx 40.7 Max. lot coverage 35% 38% * 26% Min. depth of front 15 No Change 0 to 3*(see Lard ft conclusion 1 Min. width of side 10 No Change 2 to 6 *(see and ft conclusion 1 Min. depth of rear 30 29* 31 and ft 4 Section 7-3 Proposed Downing Street Lot Parking Requirements (R-2) � 9 1 %2 spaces per dwelling unit 1* (one (1) space is provided on site with a min. of 2 by a driveway not depicted on the Ian) 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. The historic character, details, and materials of the exterior of the house to be located on the new Downing Street lot shall be maintained. No vinyl siding or vinyl-clad windows shall be permitted. The petitioner, his heirs, successors and assigns shall familiarize himself with the Salem Historic Commission guidelines prior to undertaking any exterior work and are encouraged to follow such guidelines. 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 of Commission having jurisdiction including, but not limited to, the Planning Board. 9. Unless this Decisions expressly provides otherwise, 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 5 (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. M� 2NO PAR 13 P tl: 59 Robin Stein, Chair CITY CLERK, SALEM, MASS. Salem Zoning Board of Appeals 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 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. A THRUE COPY ATTEST A - ,�L C, . MASS. 4 1dc.�4:k�lly kid' w' RECEIVED JUL A 4 2008 July 14, 2008 DEPT.OF PLANNING& COMMMTV DEVELOPLEN'f Ms. Robin Stein, Chair Zoning Board of Appeals 120 Washington Street Salem, MA 01970 Ms. Stein: This letter is being written to the Zoning Board of Appeals in accordance with the Case Management Conference that was held before the Hon. Gordon H. Piper in Land Court on July 7, 2008. The purpose of this conference was to consider Case No. 08 MISC 376003 filed by Frank Femino against the Zoning Board of Appeals and myself relative to the several variances which were granted March 12, 2008. Due to the delay caused by this appeal, the house at 60 Federal Street has since been razed. It doesn't make sense to litigate the appeal, now that the house I was looking to move to 9 Downing Street no longer exists. Therefore, I wish to withdraw the decision. It is my intent to have Land Court dismiss the above referenced case once the decision is formally withdrawn by the Board. I and the historic preservation community owe yourself, the members of the Board, and the Planning Department staff a debt of gratitude for all of your efforts on behalf of 60 Federal Street. This house and the adjacent two were most worthy of saving. Moreover, the site at 9 Downing Street made sense for the re-location of the 60 Federal Street house. It is my hope that the unfortunate circumstances surrounding the appeal of your decision do not sway you in the future from favorable consideration of similar proposals. Thank you very much. FSinply,J. Donahue oaaaa e • � 0 Ca lIIS1toI lc P.O. Box 865 incorporated rated Salem, MA 01970 Telephone (978) 745-0799 March 12, 2008 Ms. Robin Stein- Chair Salem Zoning Board of Appeals 120 Washington Street Salem, MA 01970 Dear Ms. Stein: Historic Salem is pleased to support Mr. John Donahue's application for the zoning variances needed to place the house currently located at 60 Federal Street on the rear lot of 90 Summer Street. Upon viewing the lot on Summer Street, facing Downing Street, we feel that the proposed placement of the building is in keeping with the massing and character of the other houses on this and nearby streets. The scale of the building complements that of other homes in the neighborhood. Historic Salem has strongly advocated for the preservation of all three houses on Federal Street that interfere with the plans for the new courthouse and is very familiar with each building. This house that Mr. Donahue proposes to move is oldest of the three,while at the same time possessing the strongest character and structural integrity. Preserving this building will maintain a historic link to Salem's valued residential architecture at the turn of the 18`s century. Granting the requested variances will allow the 200 year old "Lydia Cook House" to be located in a neighborhood of similar age and we feel that ultimately the building will fit naturally onto this street. We are encouraged by Mr. Donahue's plan for this building and ask that as a result of your careful consideration of his request for variances he be allowed to execute his proposal. Thank you. Sincerely, 6� 1� Emily Udy Preservation Project Manager On behalf of the Historic Salem Preservation Committee Fax (978) 744-4356 • Email: info(a)h istoricsa lem.org • Web: http://www.historicsalem.org Federal Street Neighborhood Association, Inc. March 12, 2008 Ms. Robin Stein Chair Salem Zoning Board of Appeals 120 Washington Street Salem, MA 01970 Dear Ms. Stein and members of the Zoning Board of Appeals: On behalf of the Federal Street Neighborhood Association, we would like to express our strong support for John Donahue's plan to save and move 60 Federal Street, otherwise slated for demolition to make way for the proposed new courthouse building. While we are sorry to lose the house from our extended neighborhood, we hope that the proposed new neighbors will welcome the addition of this two story house, known as the Lydia Cook House, constructed ca. 1818, for David Crowell, cordwainer, and will help save a piece of Salem's history which will otherwise be lost forever. Several of our members have reviewed the plot plan and visited the neighborhood. The proposed siting and scale of the building appear to be consistent with the lot set backs and housing stock in that historic neighborhood. We support saving all three of the historic houses in the courthouse block. Salem's historic houses, once demolished, can never be replaced. We are grateful that Mr. Donahue has come forward to save this house—which is now likely to be the only house to be saved from demolition. We hope that you will support his proposal and help him save and move this historic house. Thank you. incerely Meg T o ey, Co-c Betsy u s, Co-Cha 122 Fe al Stree 22 Be ord Street Salem, MA 01970 Salem, MA 01970 ��ze �o�unar�ure��a��G��ac��ettd HOUSE OF REPRESENTATIVES STATE HOUSE, BOSTON 02133-1054 8e JOHN REPRESENTATIVE Judiciary D. �������® - Committees: REPRESS ENTATIVE Tourism,Arts and Cultural Development 7TH ESSEX DISTRICT Telecommunication,Utilities and Energy SALEM MAR 1 1 2008 March 6, 2000 DEPT. OF PLANNING& ROOM 136, STATE HOUSE COMMUNITY DEVELOPMENT TEL (617) 722-2396 FAX (617) 722-2596 Zoning Board Of Appeal Rep,John DKeenan @ hou.state.ma.us Salem City Hall 120 Washington Street Salcm. MA 019'0 Re: 90 Summer Street—Variance Request Dear Members of the Board of Appeal: I am writing to you in support of John Donahue's request for a variance to move the historic home,currently at 60 Federal Street to the vacant lot that is owned by Mr. Donahue.and located behind his home at 90 Summer Street.- As treet.As you may know, as part of the groundwork for the J. Michael Ruane Judicial Center, the Department of Capital Asset Management issued a request for responses to purchase and remove the historic houses at 58, 60 and 62 Federal Street. While no respondent has', been found for the remaining two buildings, it would be a victory to save 60 Federal Street. Salem has a long tradition of moving historic buildings to preserve them or to make way for other,projects or progress. Most recently,the Peabody Essex.Museum expansion project that dramatically transformed and enlivened the downtown required the relocation of three two-story brick buildings, including a historic home. 1 strongly support the Board'sapproval of a variance to preserve the historic house at 60 Federal Street and just as importantly to allow for the,$1,60 million Trial Court complex:' Moreover, it appears that the house would fit the historic character and density of the neighborhood.. Thank you for your consideration of this matter. Sincerely, Vit. John D.Keenan State.Representative y .r CC: Mayor Driscoll Salem Historic Commission Historic Salem, Inc. Federal Street Neighborhood Association Page 1 of 1 Amy Lash From: Mary Whitney [mwhit8@gmail.com] Sent: Wednesday, March 05, 2008 5:27 PM To: Amy Lash Cc: Meg Twohey Subject: Petition of JOHN DONAHUE To the Salem ZBA: I am writing in support of the Petition of JOHN DONAHUE seeking the variances necessary to allow for a building located at 60 FEDERAL STREET to be moved to 90 SUMMER STREET [R-2]. It is important for Salem to facilitate the preservation of this historic building from demolition, as well as the other two adjacent houses,by making it possible for them to be moved. Salem is the birthplace of the historic preservation movement and attracts visitors and residents alike for its beautiful streetscapes and historic importance in our nation's development. Allowing this house to be moved, as well as the two others if they come before you, continues the city's long tradition of not demolishing our past to make way for new construction. Thank you for your consideration, Mary Whitney 356 Essex Street 3/6/2008 � ✓i PETITION AGAINST ADDING ANOTHER HOUSE TO DOWNING STREET We, the residents and homeowners of the properties surrounding 90 Summer Street, are opposed to the proposal by it's owner, John Donahue, to divide his property and move a house from 60 Federal Street to a newly created lot on Downing Street. Here are some of the many reasons why: *Another house would further congest an already congested neighborhood. *It would inevitably add to the shortage of parking issues we already have. *It would worsen the snow removal issues we already have. *Putting in a foundation, moving the house here and connecting it to the various utilities and required necessities, would create an unwelcome upheaval to our neighborhood and our quality of life. *The house would not blend into it's new surroundings. It would change the unique character of our neighborhood. *There are no guarantees this rundown house will be restored to an acceptable appearance. *The grounds at 90 Summer Street are aesthetically pleasing. We would forever lose one of the last green spaces in the neighborhood, including a majestic maple tree on those grounds that would have to be sacrificed. *There are concerns about property devaluations. *There are concerns about creating more noise. *The old house is a potential fire hazard. Since relocating this house to Downing Street requires so many variances, it is obvious that this location is both wrong for the house and wrong for the neighborhood. This proposal aims to benefit one homeowner, while creating hardships for other residents: Practically, aesthetically and possibly financially. It does nothing to serve the greater good of those who live here, nor does it improve our neighborhood in any way. The proposal, if accepted, would create a change we do not want. Therefore, we who have signed this petition, strongly, yet respectfully request that the board reject granting the variances Mr. Donahue seeks. Please help us to preserve our neighborhood, as it is. 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'lr,611 �I;3 CI' hr+t.::'r:r ,:A I to -L,' gv',xo lwi ti .:'�i7•) .l .� �I �'J { t'•.'�VY it Ss" 1i?ii 0 c '1 a'.PF % Id" S CIC 111 ') o0o v'S ,,I,(p 31 VU Ita, 1%cel J:)1( Npal-1•J L.-1' '0011..i' _ %i{E A«:'111c! 9- >:1 JL:v+ 9:' ".)w .: J ti'L j3+,,cri J0 ipio i 'riiG n:`1. %,,j ^' ;'w C 9n,3 ^:`?,3s:'{i c.;h9 ..3t icor, !-C. �IaJAIEa° a � /S• /'Q6S�oy7 ST . �vraQ4C gi Veas1t 57 d4pjouz�-k Wi 3-0 -og - - - 7L �s AT 5: Dot) 'nn BUY Q� r n� 'lam Ems . 3I- A �9 � s— LL / l el � f z-.. . n -- � ,i, � , c. __. , , .. _� — `�_- ��. ,. , -- -- -----t-- — � ---- — -- �. . . March 12, 2008 I support the proposal to move the house currently located at 60 Federal Street to the land at 9 Downing Street that is currently part of 90 Summer Street. I also support granting the necessary variances and approvals that are needed. Name Address