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54 TURNER STREET - ZBA (2) 54 Turner' St. R=2/B .1 -- — House- of Seven Gables U 1�4 \ r V p V !"t"" ..�:� a-n m.;,�..�x r.•yr",y ,mss°„^°'' of -'—ttlem, 44jjtts55ttrltusrtts Bnttrd of peal A DECISION ON THE PETITION HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION FOR VARIANCES AT 46-54 TURNER STREET (R-2/B-1 ) A hearing on this petition was held May 20, 1992 with the following Board Members present: Richard A. Bencal, Chairman; Messrs . , Febonio, Greaiish, Touchette and Associate Member Plante. Notice of the hearing ,gas 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. etitioners, owners of the property, are requesting Variances from front yard setbacks and minimum distance between buildings to ailow construction of a new building and an addition to an existing building in this R-2/B-1 district. The variances which have bcen requested may be granted t:pon a finding by the 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. The petitioner, through Counsel and expert witnessess, introduced evidence as the topography of the property, the proposed building locations and the extent of the rehabilitation and renovation. 2. The lot is located in two different zones, one portion is located in the B-1 zone and the other portion is R-2. The proposed buildings comply with the R-2 except for the requested variances . 3. Several neighbors spoke in favor of the petitioners request and a petition with signatures of fifty (50) Salem residents supporting the request was also submitted. DECISION ON THE PETITION OF THE HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION FOR VARIANCES AT 46-54 TURNER ST. , SALEM page two 4 . That the particular size and shape of the petitioners' lot especially affects the land and structures involved and are conditions not generally affecting other land, buildings or structures in the district. 5. That the uniqueness of the Historical Site and the buildings located thereon especially1 affect the petitioners property and do not generally affect other land, building or structures in the district. 6. That due to the existing Historical buildings located on the property, as well as the unique size and shape of the land, the proposed construction could not be reasonably located on any other spot withing the property. 7. fhat adequate on-site parking will be available per the petitioner's plans ( 67 spaces) and that the proposed off-site parking of buses will be less detrimental to the district than the existing situation with buses parking on site. S. That the petitioner sought and received neighborhood input and that three neighborhood meetings were held. 9. That the petitioner derives its existence from the money generated by tourists visiting the property, and currently the petitioner is unable to adequately serve the needs of the visiting tourists with the configuration of the existing facilities. 10. That the funds generated by visiting tourists to the property allow the petitioner to establish and maintain the Historical buildings and grounds as well as several social service programs available to the entire community, which have been historically funded by the petitioner. 11. That the new facilities would permit handicapped access, and would enable the petitioner to conduct its educational and orientation services for visitors in an adequate manner and in an environment that is not exposed to the elements. 12. That the petitioner would suffer substantial hardship in lost revenues and services if the variances requested are not granted and the Zoning Ordinance provisions are literally enforced. 13. That the variances requested are in harmony with other properties within the district and can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: ✓y � DECISION ON THE PETITION OF THE HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION_FOR VARIANCES AT 46-54 TURNER ST. , SALEM page three is 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 4-1 (Mr. Bencal voted in opposition) to grant the variances requested, subject to the following conditions: i . 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. All requirements of the City of Salem Fire Prevention Bureau reiative to smoke and fire safety shall be strictly adhered to. 4 . Proper numbering shall be obtained from the City of Salem Assessor. 3. Appropriate approval from all other City Boards, Commissions or Authorities having jurisdiction over this property shall be obtained. 6. A preconstruction survey is to be obtained. 7. A neighborhood impact study is to be conducted. 8. Parking plans for workers and construction vehicles for off site parking to be approved by the Planning Department. 9. A Plan for bus parking, drop-off, pick-up of visitors is to be approved by the Planning department before construction begins. Variances granted May 20, 1992 �y Francis X Grealish, Jr. Secretary, Board of Appeal DECISION ON THE PETITION OF THE HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION FOR VARIANCES AT 46-54 TURNER ST. , SALEM 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 GENERALS 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 OWNERS CERTIFICATE OF TITLE. BOARD OF APPEAL n L -/ _ r mo � c� N _ y (I�itn of -j�tzlem, flttssucliusetts Board of _Au}ieul s � n DECISION ON THE PETITION HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION FOR VARIANCES AT 46-74 TURNER STREET (R-2/B-1 ) A hearing on this petition was held May 20, 1992 with the following Board Members present: Richard A. Bencal, Chairman; Messrs . , Febonio, Greaiish, Touchette and Associate Member Plante. 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. 'etitioners , owners of the property, are requesting Variances from front yard setbacks and minimum distance between buildings to allow construction of a new building and an addition to an existing building in this R-2/B-1 district. The variances which have been requested may be granted upon a finding by the 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. The petitioner, through Counsel and expert witnessess, introduced evidence as the topography of the property, the proposed building locations and the extent of the rehabilitation and renovation. 2. The lot is located in two different zones, one portion is located in the B-1 zone and the other portion is R-2. The proposed buildings comply with the R-2 except for the requested variances. 3. Several neighbors spoke in favor of the petitioners request and a petition with signatures of fifty (50) Salem residents supporting the request was also submitted. �y DECISION ON THE PETITION OF THE HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION FOR VARIANCES AT 46-34 TURNER ST. , SALEM iy page two o ` 4 . That the particular size and shape of the petitioners ' lot especially affects the land and structures involved and are conditions not generally affecting other land, buildings or structures in the district. 3. That the uniqueness of the Historical Site and the buildings located thereon especially) affect the petitioners property and do not generally affect other land, building or structures in the district. 6. That due to the existing Historical buildings located on the property, as well as the unique size and shape of the land, the proposed construction could not be reasonably located on any other spot withing the property. Fhat adequate on-site parking will be available per the petitioner's pians ( 67 spaces ) and that the proposed off-site parking of buses will be less detrimental to the district than the existing situation with buses parking on site. 3. That the petitioner sought and received neighborhood input and that three neighborhood meetings were held. 9 . That the petitioner derives its existence from the money generated by tourists visiting the property, and currently the petitioner is unable to adequately serve the needs of the visiting tourists with the configuration of the existing facilities . 10. That the funds generated by visiting tourists to the property allow the petitioner to establish and maintain the Historical buildings and grounds as well as several social service programs available to the entire community, which have been historically funded by the petitioner. 11. That the new facilities would permit handicapped access, and would enable the petitioner to conduct its educational and orientation services for visitors in an adequate manner and in an environment that is not exposed to the elements. 12. That the petitioner would suffer substantial hardship in lost revenues and services if the variances requested are not granted and the Zoning Ordinance provisions are literally enforced. 13. That the variances requested are in harmony with other properties within the district and can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: ✓y it DECISION ON THE PETITION OF THE HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION FOR VARIANCES AT 46-54 TURNER ST. , SALEM page three 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 4-1 (Mr. Bencal voted in opposition) to grant the variances 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 . All requirements of the City of Salem Fire Prevention Bureau relative to smoke and fire safety shall be strictly adhered to. 4 . Proper numbering shall be obtained from the City of Salem Assessor. 5. Appropriate approval from all other City Boards, Commissions or Authorities having jurisdiction over this property shall be obtained. 6. A preconstruction survey is to be obtained. 7 . A neighborhood impact study is to be conducted. 8. Parking plans for workers and construction vehicles for off site parking to be approved by the Planning Department. 9. A Plan for bus parking, drop-off, pick-up of visitors is to be approved by the Planning department before construction begins. Variances granted May 20, 1992 } Francis X Grealish, Jr. Secretary, Board of Appeal DECISION ON THE PETITION OF THE HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION FOR VARIANCES AT 46-54 TURNER ST. , SALEM A COPY OF THIS DECISION HAS BEEN FILED `nITH 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 GENERALS 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 OWNERS CERTIFICATE OF TITLE. BOARD OF APPEAL m o C.J 7J"1 �G7 om W T.. a co '' N (fit of �Sz lem, Ittssttcljusetfs .; Pourb of Append June 8, 1992 Notice is hereby given that as of June 3, 1992 the decision of the Board of Appeal has been filed in the office of the City Clerk to grant the petition of the House of Seven Gables Settlement Association for Variances to allow construction of new building and an addition to an existing building at 46-54 Turner St. BOARD OF APPEAL Brenda M. Sumrall Clerk of the�Board Appeal from this decision, if any, shall be made pursuant to section 17 of the Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chapter 808, Section 11, the Variance or `especial Permit rr:,n*eC herein shall not take effect until a copy of the decision, bearing the Cnrti ication of the City Clerk that 20 days have elapsed and no appeal has been fled, or that, if such appeal has been filed,that it has been dismissed or rienied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or Is recorded and noted an the owner's Certificate of Title. BOARD OF APPEAL LAW OFFICE OF CARL D. GOODMAN 17 Front Street Salem, Massachusetts 01970 (508) 745-6006 Date : June 19 . 1992 : Clerk' s Office Civil R e : B y str oin :Essex Superior Court Vs : House of Seven Gables et at 34 Federal St . Docket No. :92 - 1942 : Salem, MA 01970 Our Fite No . : 06.978-92 Enclosed please find: Complaint , Cover sheet , Statement or Da ilia 9 es , 'c ntry Fee and Return Postcard Summons with Return of Scr vice Answer of Plaint iff /D� teI'd ant to the Complaint Interrogatories- i,r opoun Jvd by to be Answorcd by Request for Production of Documents to Agreement to Extend Time for Answering I n t e r r o g a t o r ) es N o I I c e of Application under Rule 33 ( 0 ) Request for Default under Rule 55 ( a ) - Complaint far Divorce , Marriage Certificate and Filing Fee Notice of Taking Deposition Agreement for Judgment X Certificate of Service Summary Process Complaint and Summons xx AFFIDAVIT OF NOTICE OF SERVICE OF COMPLAINT ( Ch .40A , 417) Motion Kindly place on the List for r at Contested/Uncontested Very truly yours LAN OE-fl CE OF C,*Ri.---D GOODMAN cc : Service List CO1d1-10N1 iEALTH 01' MASSACHUSETTS � ESSEX, ss: Superior Court Department of the Trial Court Civil Action No. David Bystrom, Plaintiffs , ) V. ) House of Seven Gables ) Settlement Association , Richard A. Bencal , Edward Luzinski , ) Richard Febonio, Francis j X. Grealish, Jr. , ) Stephen C. Touchette , ) Ronald G. Plante, and Arthur LaBrecque, as they) constitute the Board of ) Appeals of the City of ) Salem, ) Defendants . ) AFFIDAVIT OF NOTICE TO DEFENDANTS A14D CITY CLERK FURSUA11T TO C . L. Ch. 40A, y 1'7 I , Carl D. Goodman, on oath Lind affirmation depose and say that on the 12th day ,June, 11)92 , 1 gave Notice to the City Clerk of the City of Salem of the filing of the Complaint in this action by causing i copy of the Complaint together with notice of the filing of the same in the Superior Court Department to be delivered to the otiice of the City Cler}:, City Hall , Salem, MA. , and on said 18th day of June, 1992 I forwarded by Certified [Mail - Return Receipt Requested a copy of the Complaint with Notice of the filing of same with the Superior Court Department rind Hoticc of filing with the City Clerk, to : House of Seven G o u i•.• Si t Aa>c; ia [ ion 5. iur n e r Street Salein, MA 01970 Richard A . Gencal 19 Goodell Street Salem, MA 01970 Edward L u z i n s k i 2G Hardy Street Salem, MA 01970 Richard Fcbonio 4C Arnold Drive Salem, MA 01970 Francis X . GreaIIsn , Jr . 8A Cleveland R Salem, MA 01970 Stephen C . Tauc11ct , _ 452 Loring Avc . Salem, MA 01970 Ronald G . Plante 4 Larch Ave . Salcin, MA 01970 Arthur La 6 r ccque 11 Hazel Street Salem, MA 01970 John R . Ser of ini , L :. 63 Federal Street Salem, MA 01970 Sworn to this 19th day of June, 1992 . Carl D. Goodman, Esq. 17 Front Street SclLeIII, Idl, 01970 Telephone : (508) 7"5-6006 BBC= 201720 DATED: 6/19/92 CERTIFICAT11 OF SERVICE I , Carl D. Goodman, attorney for Plaintiff, certify that a copy of the within document was served on all parties by causing a copy of same to be mailed this daY first class mail , postage prepaid, to: House of Seven Gables SC RLvdelt Assoc.utian 54 Turner Street Salem, MA 01970 Richard A. Gencal 19 Goodetl Street Salein, MA 01970 Eduard Luzinski 24 Hardy Street Salem, MA 01970 Richard Febonio 4C Arnold Drive Salem, MA 01970 Francis X. Grealish, Jr. 8A Cleveland Road Salem, MA 01970 Stephen C. couchette 452 Loring Ave. Salem, MA 01970 Ronald G. Plante 4 Larch Ave. Salem, MA 01970 Arthur LaBrccyuc 11 Hazel Street Salem, MA 01970 John R. Scrafini, Sr'., 6.q. 63 Federal Street Salem, MA 01970 Carl D. Goodman, Esq. 17 Front Street Salem, MA 01970 Telephone: ( 508) 745-6006 BBO= 201720 DATED: 6/19/92 LAW OFFICE OF CARL D. GOODMAN 17 FRONT STREET SALENI, MASSACFIUSETTS 01970 CARL D. GOODMAN JACKIE BELF-BECKER (508) 7�5-6006 JACQUELINE VOSS LEES* AJnw u.l June 18 , 1992 TO: House of Seven Gables Settlement Association 54 Turner Street Salem, MA 01970 Richard A. Bencal 19 Goodell Street Salem, MA 01970 Eduard Luzinski 24 Hardy Street Salem, MA 01970 Richard Febonio 4C Arnold Drive Salem, MA 01970 Francis X . Grealish , Jr . BA Cleveland Road Salem, MA 01970 Stephen C . Touchette 452 Loring Ave . Salem, MA 01970 Ronald G. Plante 4 Larch Ave. Salem, MA 01970 Arthur LaBrecque 11 Hazel Street li Salem, MA 01970 Re: David Bystrom . -v- House of Seven Gables Settlement Assoca- tion et al Please be advised that a Complaint has this day been filed in the Superior Court Department of the Trial Court for Essex County appealing the Decision of the Board of Appeals which was filed with the City Clerk on June 3 , 1992 and which concerns premises at 46-54 Turner Street, Salem. A copy of the Complaint with notice of the filing of same was duly filed this day with the City Clerk. The within complaint, including Exhibit "A" , is served upon you pursuant to the provisions of G. L. Ch. 4OA, §17 . Ver 46a lurs, �iZ-'-,4!� CARL 15. GOODMAN cc: John R. Serafini, Sr., Esq. 63 Federal Street Salem, MA 01970 ADDRESSEES AND CC VIA CERTIFIED MAIL/RETURN REQUESTED CBYSTROM.SRV] C014i-IONWEALTH OF 14ASSACHUSETTS ESSEX, ss : Superior Court Department of the Trial Court Civil Action 2Jo. David Bystrom, Plaintiffs , ) V. ) House of Seven Gables ) Settlement Association, ) Richard A. Bencal ,. ) Edward Luzinski , ) Richard Febonio, Francis ) X. Grealish, Jr. , ) Stephen C. Touchette, ) Ronald G . Plante, and ) Arthur LaBrecque, as they) constitute the Board of ) Appeals of the City of ) Salem, ) Defendants . ) COMPLAINT 1 . The Plaintiff, David Bystrom, is an individual residing at 42 Turner Street, Salem, Essex County, Massachusetts. 2 . The Defendant , House of Seven Gable Settlement Association, is the owner of property located at 54 Turner Street, Salem, Es- sex County, Massachusetts . 3 . The Defendant, Richard A. Bencal , is a member and the Chairman of the Board of Appeals for the City of Salem, Essex County Massachusetts (hereinafter the "Board") , and resides at 19 Goodell Street, Salem, Essex County, Massachusetts . 4 . The Defendant, Edgard Luzinski, is a member of the Board, and resides at 24 Hardy Street, Salem, Essex County, Mas- sachusetts . 5 . The Defendant, Richard Febonio, is a member of the Board, and resides at 4C Arnold Drive, Salem, Essex County, Mas-. sachusetts . 6 . The Defendant, Francis X. Grealish, Jr. , is a member of the 1 Board, and resides at EA Cleveland Road, Salem, Essex County, Massachusetts . 7 . The Defendant, Stephen C. Touchette, is a member of the Board, and resides at 452 Loring Avenue, Salem, Essex County, Massachusetts. 8 . The Defendant, Ronald G. Plante, is a member of the Board, and resides at 4 Larch Avenue, Salem, Essex County, Mas- sachusetts . 9 . The Defendnnt , Arthur LaBrecque, is a member of the Board, and resides at 11 Hazel Street, Salem, Essex county, 1-9as- sachusetts . 10 . The Defendants identified in paragraphs three (3) through nine (9) above, constitute the duly appointed members and as- sociate members of the Board of Appeals for the City of Salem (said Defendants shall be hereinafter collectively referred to as the "Board" ) . 11 . This action is an appeal brought pursuant to M . G . L. c. 40A, §17 for judicial review of a decision of the Board, which deci- sion was filed with the City Clerk for the City of Salem on June 3 , 1992 , (hereinafter referred to as the "Decision") . A cer- tified copy of the Decision is incorporated herein by reference and attached hereto as Exhibit "A. " 12 . The Plaintiffs are persons aggrieved within the meaning of M. G . L. c . 40A, § 17 , by the Decision of the Board in granting a variance to Defendants House of Seven Gables Settlement Associa- tion as to the property located at 46-54 Turner Street, Salem, Essex County, Massachusetts (hereinafter referred to as the "Locus") . 13 . On or about April 21 , 1992 , the Defendant, House of Seven Gables Settlement Associatiop, filed with the Board a petition for granting of a variance as to the Locus wherein they requested relief from the density regulations of the City of Salem Zoning Ordinance, Section 6-4 . 14 . Thereafter a hearing was held on May 20 , 1992 . 15 . At the conclusion of said hearing the Board, by a vote of 4-1 , voted to grant the variance requested by the Defendant, 2 House Of Seven GaL1Gc SeLticlaent �,�=;GC1aL1Gn, 16 . The decision ui the L, ,rd c._ wed the authority of said Board, 17 . The reasons for the findings set forth in the Decision are insufficient in lad to warrant the granting of the variance to Defendant House of Seven Gables Settlement Association and the Decision does not constitute a decision supported by proper reasons as required by M. G. L. C. 40A. WHEREFORE, Plaintiff-- demand that this Honorable Court : (a) Atter hearing all evidence pertinent to the authority Of the Board, determine tht' facts , and upon the facts so deter- mined, annul the DociGion of the Board on the ground- that said Decision exceeds the authority of said Board; and (b) Make such other decree as justice and equity so require. David E. Bystrom THE PLAINTIFF, By H At�tpr y: Carl D. Goodman, Esq, 17 Front Street Salem, AW 01970 Telephone : (508) 745-6006 BB05 201720 DATED: 6/10"/,)2 1\rt rcus.uip 3 Trial Court of Massachusetts °t::/ET IIULIDER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTF.IENT I . /c;�,f'/� ,/� Di."lslon PUINnFF D == house of Seven Gables Settl David IIystrom ment Association and Board of Appeal --- -----__-- City__of—Salem--__—_-- ATTORNEY(S)FIRM WIE. ADDRESS AND TFL',C — ARL D . GOODP•lAN ATTCP':� -- 17 Front Street , Salem, MA 01970 508/745-6006 Board of Bar Overseers n (Required) 201720 ORIGIN CODE AND TRACK DESIGNATION Place an LR in one box only: I 1. F01 Original Complaint 4. F04 District CL Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c231. s. 10.1 (F) 5. F05 Reactivated after Rescript: Relief from ❑ 3. F03 Retransfer to Sup. Ct. c231, s. 102C (X) judgment/order (Mass. R Civ. P 60 (X) 6. E10 Summar --- ----- _ ..- - y process appeal (X TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? _C.02— Zoning_-Appeal_.__ Ch.-40A.-_------_ IF ) I_ ! Yes f No. 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) Defendants , Members Of the Board of Appeals of the City of Salem, granted a variance to Defendant, (louse of Seven Gables Settlement Association, which variance exceeded the authority of the Board, i i I 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE B) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: N/A 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. N/A SIGNATURE OF ATTO V FINTIFF DATE T _-0 2 M"Ismoi. r...,- i � ,y ark DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered BY ❑ 1. Before jury trial or non-jury hearing ❑ 6. Transferred to District DATE ❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, — ❑ 3. After jury verdict s.102C. DISPOSITION ENTERED 4. After court finding Disposition Date -_ .- BY ❑ 5. After post trial motion DATE of -11i2IICIIT, HL5SaC11118PttB ..1.r sir Iuard of f� upe:il f - _ o 0 DECISION ON THE PETITION HOUSE OF SEVEN GABLES SE'C1'LEIiENT ASSOCIA'iIOPi FOR VARIANCES AT 40-54 TURNER STREET (R-2/3-1 ) A hearing on this petition ,was held 14ay 20 , 1952 with the following Board Members present : Richard A. Bencal , Chairman; t:essrs . , FeLonio , Grealish, Touchette and Associate Member Plante . Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening Mews in accordance with Massachusetts General Laws Chapter 40A. Petitioners , owners of the property, are requEs tng Variances troll, front yard setbacks and minia,uri distance between buildings to allow construction of a new building and an addition to an axisting building in this R-2/B-1 district . The variances which have been requested may be granted upon a finding by the 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 nuliifying 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 . The petitioner, through Counsel and expert witnessass, introduced evidence as the topography of the property, tha proposed building locations and the extent or the rehabilitation and renovation. 2 . The lot is located in two different zones , one portion is located in the B-1 zone and the other portion is R-2. The proposed buildings comply with the R-2 except for the requested variances . 3 . Several neighbors spoke in favor of the petitioners request and a petition with signatures of fifty (50) Salem residents supporting the request was also submitted. n � DECISION ON THE PETITION OF THE HOUSE GF SEVEN GA3LES SETTLEMENT ASSOCIATION FOR VARIANCES AT :6-54 TURNER ST. , SALEM T, page two W r r 4. That the particular size and shape of the petitioners ' lot �. especially affects the land and structures involved and are condition: .=not generally affecting other land, buildings or structures in the district. 5. That the uniqueness of the Historical Site and the buildings located thereon especiallyl affect the petitioners property and do not generally affect other land building or structures in the district. SC CC. 6. That due to the existing Historical buildings located on the property, as well as the unique size and shape of the land, the proposed construction could not be reasonably located on any other spot withing the property. 7. That adequate on-site parking will be availa'ele per the pEtitioncr' s plans (67 spaces) and that the proposed off-site parking of buses will be less detrimental to the district than the existing situation with buses parking on site. 8. That the petitioner sought and rectzived neighborhood input and that three neighborhood meetings were held. 9. That the petitioner derives its Existence from the money generated by tourists visiting the property, and currently the petitioner is unable to adequately serve the needs of the visiting tourists with the configuration of the existing facilities . 10. That the funds generated by visiting tourists to the property allow the petitioner to establish and maintain the Historical buildings and grounds as well as several social service programs available to the entire community, which have been historically funded by the petitioner. 11. That the new facilities would permit handicapped access, and would enable the petitioner to conduct its educational and orientation services for visitors in an adequate manner and in an environment that is not exposed to the elements . 12. That the petitioner would suffer substantial hardship in lost revenues and services if the variances requested are not granted and the Zoning Ordinance provisions are literally enforced. 13. That the variances requested are in harmony with other properties within the district and can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: DECISION ON THE PETITION OF THE HOUSE OF SEVEN GALLLS SETTL2EEC;T ASSOCIATION FOR VARIANCES AT 4b-54 TUr,NL.{ ST. , SALEM c page three : 1. Special conditions exist :h- ch m w cs ccially affect clic subject property but not the district in general . 2. Literal enforcement of involve substantial Iiia provisions of the Zoning Ordinance would hardshi P COto the petitioner. Ut1J 3. Desirable relief can be granted without substantial detriment to the r 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 4-1 (1•1r. Bencal voted in Opposition) to grant the variances requested, subject to the following conditions: I . Petitioner shall comply with all city and state statutes, ordinances, codes and regulations . 2. All construction shall be dopa as per the plans and dimensions submitted and by legal building permit . 3. All requirements of the City Of Salem Fire Prevention Bureau relative to smoke and fire safety shall be strictly adhered to. 4. Proper numbering shall be obtained from the City of Salem Assessor. 5. Appropriate approval from all other City Boards , Commissions or Authorities having jurisdiction over this property shall be obtained. 6. A preconstruction survey is to be obtained. 7. A neighborhood impact study is to be conducted. 8. Parking plans for workers and construction vehicles for off site parking to be approved by the Planning Department . 9. A Plan for bus parking, drop-off, pick-up of visitors is to be approved by the Planning department before construction begins. Variances granted May 20, 1992 ,_`-r��Li.iCt,j/� tiJ�.. . . Com.--%: .�,• Francis h Grealish, jr. Secretary, Board of Appeal DECISION ON THE PETITION OF THE HOUSE OF SEVEN CABLES SETTLEI•;EI;T ASSOCIATION FOR VARIANCES A1' 46-54 TURNER ST. , SALEM � L C -y 2 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANDGCITY CLERK zHz „ Ln w V' N APPEAL FROM THIS DECISION, IF ANY, SHALL BE D(ADE 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 HASSACHUSETTS GENERALS CHAPTER 40A, SECTION 11 , THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL 140T TAKE EFFECT UNTIL A COPY OF THE DECISIO14 FEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAI', IF SUCH APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISbiISSEO 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 OWNERS CERTIFICATE OF TITLE. BOARD OF APPEAL T"U COPY MEET SALEM, MASS. U DATE OF HEARING Sj a d PETITIONER LOCATION (_/'& MOTION: TO GRANT SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD BENCAL RICHARD FEBONIO FRANCIS GREALISH STEPHEN TOUCHETTE ASSOCIATE MEMBERS RONALD PLANTE ART CONDITIONS: (bet, t ., -yoo •/.yo 9�c� ', ���� i 3 � � .- ' Ica.P ✓/ • VO / .� ,o y\' c u` K �� 'z/.• Yy� 2� a � ,,fir"' a• ° .. ,� ,, -= 1 �i a EP x00 ti ay2 °i \i •• ,,,,qq�L 0D` o s� o �� `t? C •o� � C •�s �w. 306 e i Q� Pr, VIXG SSG ¢a �o• 0 ► 0 \ 500, too �J I.. HOUSE OF •; 5 / } SEVEN GABLES\ 9a6 6628 / ��iF � 4O• \�\ \•P 0 J' {G �� � �� ����� ��.��J SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R, SERAFINI. SR, TELEPHONE JOHN R. SERAIINI,JR. 508 744 0212 JOHN E. DARLING 617561.2743 ELLEN M.WINKLER TELECORIER JOSEPH C. CORRENTI July 10, 1992 509.7414683 CERTIFIED MAIL RETURN RECEIPT REQUESTED David Bystrom Francis X. Grealish, Jr. 42 Turner Street 8A Cleveland Road Salem, MA 01970 Salem, MA 01970 Richard A. Bencal Stephen C. Touchette 19 Goodell Street 452 Loring Avenue Salem, MA 01970 Salem, MA 01970 Ronald G. Plante Arthur LaBrecque 4 Larch Road 11 Hazel Street Salem, MA 01970 Salem, MA 01970 Edward Luzinski Richard Febonio 24 Hardy Street 4C Arnold Drive Salem, MA 01970 Salem, MA 01970 Carl D. Goodman, Esq. 17 Front Street Salem, MA 01970 NOTICE OF FILING RE: DAVID BYSTROM VS. HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION et al Essex Superior Court Civil Action 92-1942 Please be advised that an Answer has been filed with the Civil Clerk of the Superior Court Department of the Trial Court for Essex County in response to the above Complaint of David Bystrom. F;, copy of this Notice and said Answer is hereby served upon you pursuant to M.G.L. Ch. 40A, 517. Sincerely, JO N R. SERAFINI, SR. JRS,SR. /ln enclosure it lil COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT ESSEX, SS. SUPERIOR COURT DEPARTMENTI I� CIVIL NO. 92-1942 �I * I III DAVID BYSTROM, Plaintiff * VS. HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION, RICHARD A. BENGAL, EDWARD LUZINSKI, RICHARD FEBONIO, FRANCIS X. GREALISH, JR. , STEPHEN C. TOUCHETTE, RONALD G. PLANTE, and ARTHUR LA BRECQUE, as they constitute the BOARD OF APPEALS of the CITY OF SALEM, Defendants * III * * * * * * * * * * * * * * * * * * * I AFFIDAVIT OF NOTICE TO DEFENDANTS AND CITY CLERK PURSUANT TO M.G. L. Ch. 40A, 617 III I, JOHN R. SERAFINI, SR. , on oath and affirmation depose and say that on the tenth day of July, 1992 , I gave Notice of the filing of the Answer in this action by causing jja copy of the Answer, together with notice of the filing of the same in the Superior Court Department, to be sent by Certified Mail, Return Receipt Requested, to all parties in this case. I I David Bystrom 42 Turner Street Salem, MA 01970 Richard A. Bencal 19 Goodell Street Salem, MA 01970 i Edward Luzinski SERAFINI,SERAFINI 24 Hardy Street AND DARLING Salem, MA 01970 ATTORNEYS AT-n F3 FEDERAL STREET SALEM,MASS,01970 1 15061)«0212 161)1 5P2)e] i Richard Febonio 4C Arnold Drive Salem, MA 01970 i Francis X. Grealish, Jr. 8A Cleveland Road Salem, MA 01970 Stephen C. Touchette 452 Loring Avenue Salem, MA 01970 Ronald G. Plante 4 Larch Road Salem, MA 01970 I! i Arthur LaBrecque 11 Hazel Street Salem, MA 01970 II Carl D. Goodman, Esq. 17 Front Street Salem, MA 01970 ISI Sworn to this tenth day of July, 1992 . I i N II JOAN R. SERAFINI , R. BBI.0 #451840 Serafini, Serafini and Darling l 63 Federal Street Salem, MA 01970 Tel: 508 744-0212 CERTIFICATE OF SERVICE i I , JOHN R. SERAFINI, SR. , attorney for the Defendant House of Seven Gables Settlement Association, certify that a copy of the within document has been served on all parties, by mailing this day a copy thereof by Certified Mail, Return Receipt Requested, to: David Bystrom 42 Turr.er Street Salem, MA 01970 Richard A. Bencal SERAFINI,SERAFINI 19 Goodell Street AND DARLING Salem, MA 01970 -Tp.N111 AT _Aw 5].E OE aAL STPEET SALEM,MASS,0I970 2 '50Bt 024 ISiT 6912>a] I Edward Luzinski 24 Hardy Street Salem, MA 01970 1 Richard Febonio 4C Arnold Drive Salem, MA 01970 Francis X. Grealish, Jr. 8A Cleveland Road Salem, MA 01970 Stephen C. Touchette 452 Loring Avenue !I Salem, MA 01970 Ronald G. Plante 4 Larch Road Salem, MA 01970 Arthur LaBrecque 11 Hazel Street Salem, MA 01970 Carl D. Goodman, Esq. 17 Front Street Salem, MA 01970 I OHN R. S V4ZAY IN !, SR. Dated: July 10, 1992 I I ISI I, SERAFIN I,SERAFI NI AND DARLING A"OONEVS AT LAW 63 EEOE>AL STREET SALEM.MASS.01910 3 ,5091)a n.0212 Iv 161)1 66,2)a9 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT ESSEX, SS. SUPERIOR COURT DEPARTMENT CIVIL NO. 92-1942 * * * * * * * * * * * * * * * * * * * DAVID BYSTROM, Plaintiff Vs. * HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION, RICHARD A. BENCAL, EDWARD LUZINSKI, RICHARD FEBONIO, FRANCIS X. GREALISH, JR. , STEPHEN C. TOUCHETTE, RONALD G. PLANTE, and ARTHUR LA BRECOUE, as they constitute the BOARD OF APPEALS of the CITY OF SALEM, Defendants * * * * * * * * * * * * * * * * * * * ANSWER OF THE DEFENDANT HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION The House of Seven Gables Settlement Association ("Gables") answers the Complaint ("Complaint") of David Bystrom ("Bystrom") as follows: 1. The Gables admits the allegations contained in Paragraph 1 of the Complaint. 2. The Gables admits the allegations contained in Paragraph 2 of the Complaint. 3 . The Gables admits the allegations contained in Paragraph 3 of the Complaint. 4 . The Gables admits the allegations contained in Paragraph 4 of the Complaint. 5. The Gables admits the allegations contained in Paragraph SERAFINI,SERAFINI 5 of the Complaint. AND DARLING ATT05NC'5 AT LAW 53 r,OEPAL STVEET S.LE..liA55.OluvO 1 15091)w w.0212 151TI 551.Zw� .6. The Gables admits the allegations contained in Paragraph 6 of the Complaint. 7. The Gables admits the allegations contained in Paragraph 7 of the Complaint. 8. The Gables admits the allegations contained in Paragraph 8 of the Complaint. 9. The Gables admits the allegations contained in Paragraph 9 of the Complaint. 10. The Gables admits the allegations contained in Paragraph 10 of the Complaint. 11. The Gables admits that a photocopy of a true copy of the Decision is attached to the Complaint as Exhibit "A" . The remaining allegations contained in Paragraph 11 state conclusions of law to which no response is required, but if any response is required they are denied. 12 . The Gables denies that there is more than one Plaintiff regarding this Complaint and denies the remaining allegations contained in Paragraph 12 . 13 . The Gables admits the allegations contained in Paragraph 13 , except that the Gables states that its petition requested the granting of two variances. 14 . The Gables admits the allegations contained in Paragraph 14 of the Complaint. 15. The Gables admits that the allegations contained in Paragraph 15, except that the Gables states that the Board voted to grant the two variances requested. 16. The Gables denies the allegations contained in Paragraph 16 of the Complaint. � 17 . The Gables denies the allegations contained in Paragraph 17 of the Complaint. WHEREFORE, the Gables requests that this Court: 1. Hear the evidence and determine the facts; 2 . Determine that the decision of the Board of Appeals granting the variances was correct and within the Board's SERAfINI,SE RAII NI authority; AND DARLING 3 . Grant the Gables its costs and reasonable attorney fees; .T TOPNEvS AT LAW and '[DI-AL STRICT 5-LEY,YnSS,OIOTO 2 IS OPI Tee.0212 a ill 5w1.2 Tei 4 . Grant such further relief as justice and equity require. HOUSE OF SEVEN GABLES SETTLEMENT ASSOCIATION By its attorney, aJHN R. SERAFINI, SR. B0 #451840 SEPH C. CORRENTI BBO #551666 Serafini, Serafini and Darling 63 Federal Street Salem, MA 01970 Tel: 508 744-0212 CERTIFICATE OF SERVICE I, JOHN R. SERAFINI, SR. , attorney for the Defendant House of Seven Gables Settlement Association, state that a copy of the within Answer has been served on all parties, by mailing a copy thereof by first class mail, postage prepaid, to: Carl D. Goodman, Esq. , 17 Front Street, Salem, MA 01970. OHN R. SERAFINI, R. Dated: July 9, 1992 1/co\ho.ans SERArim.SERAFINI AND DARLING AT109NEvS AT LAW RJ EED@AL STREET SALEM.NAGS,019103 b OPI Tee.p2q 15.11 5111 27AJ illk- ti' i NEIGHBORS AND RESIDENTS OF SALEM IN OPPOSITION TO THE PROPOSED ADDITION AND/OR EXPANSION OF THE HOUSE OF SEVEN GABLES Name Address a % 7 s. rZZ IL g• r led.. i3 Tv C 6 r 5ALCnI Ar 3 la - bn C'K f Z,. f NEIGHBORS AND RESIDENTS OF SALEM IN OPPOSITION TO THE PROPOSED ADDITION AND/OR EXPANSION OF THE HOUSE OF SEVEN GABLES Name Address 2g �( 101 o a 1�2 zf Alilk /yam 27 2P ,� 29 , 31 — ksmui 'sA 3 4/ G� Z 9 W r2 1-k- &A4 0 r 8 C�z 7z��� � ,c+�- G 3 3 - ` P: PETITION IN SUPPORT OF THE HOUSE OF SEVEN GABLES NEW EDUCATION/VISITOR CENTER May 1992 We the undersigned support the plans that The House of the Seven Gables have for a new Education/Visitor Center to be constructed on the Historic Site at 54 Turner Street, Salem, MA. r, Name Address lVarst 2 . 3 . A6 . 4 n 5. J 6. 7 . r 8 . 14 pp 11A 9 . A.- o 1 0 c 11. 12 . 13 . 14 . 15 . 16 .- 17 . 18 . 19 . 20. ... E 6 i i k PETITION IN SUPPORT OF THE HOUSE OF SEVEN GABLES NEW EDUCATION/VISITOR CENTER May 1992 We the undersigned support the plans that The House of the Seven Gables have for a new Education/Visitor Center to be constructed on the Historic Site at 54 Turner Street, Salem, MA. j Name Address 2 . 3 . 4 . / 5 t� �)7 lir s� 6. 7 VYl t - 9 . ukmm 1065 4 n ST . �YV) n 10 . Z. �T Gtr , 11. 2 i 14 . /;W . AWL-Vdo / 15 . Yd L 16. 17 . - pp 3� n�, /� 18 . /Ck tQ�!a HBO ,5- /'tnJlxb dU ImUrA, 19. P(iAAYa 66 C'(— .F „..a .h:Y:, ix ,.fl .. , -_ a'a•:+ .,n t-'{'mss ,,. 3 1 PETITION IN SUPPORT OF THE HOUSE OF SEVEN GABLES NEW EDUCATION/VISITOR CENTER May 1992 We the undersigned support the plans that The House of the Seven Gables :have for a new Education/Visitor Center to be constructed on the Historic Site at 54 Turner Street, Salem, MA. Name Address o 2 i 54 3 . ( — -"e-1 / /t d '54- 4 . e-. 5 . C 7 . 8 . ` S 9 . 10 12 7 c1 13 . 14 . 5 l /` 15 . a� MOO r, p tt- �-.CI� J 16.A. 2 a'k' / fi 18 . 19 . 20. PETITION IN SUPPORT OF THE HOUSE OF SEVEN GABLES NEW EDUCATION/VISITOR CENTER May 1992 We the undersigned support the plans that The House of the Seven Gables have for a new Education/Visitor Center to be constructed on the Historic Site at 54 Turner Street, Salem, MA. `/ Name(//� Address 1• ��IJ.1 up ii% 11 — X23 l EA�2/x6 ST �14Lfwr 2 . ��IAC G�er� dpi cn�/1 S E J3-e x / l.Yc f f4�ti /I,4 3 . 4 . 5. 6 . 7 . 8 . 9. 10. 11. 12 . 13 . 14 . 15. 16. 17. 18. 19. 20. do PETITION IN SUPPORT OF THE HOUSE OF SEVEN GABLES NEW EDUCATION/VISITOR CENTER May 1992 We the undersigned support the plans that The House of the Seven Gables have for a new Education/Visitor Center to be constructed on the Historic Site at 54 Turner Street, Salem, MA. Name1 Address 1. 3 . J(D - )j V (�;Or--F 3aZ ESS X 5T. ` SSALEkl 4 . B ",4r,,Ale V c� 5 t lTj eP/� 6. 7 . Cc yr 3 s . ll„ AAA SUIA, 19 9. 10. 11. IWA 12 . 13 . 15. - 014 df �/ 'C1SG� 19. 20. i 'MAR 18 '92 10:51RM HOL15E OF SEVEN GABLES SALEM MAA P.4i4 • q , d A a �• Y Salem Historical Commission OITY HALL., SAI-EM. MA55. 01970 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed construction (X) ; reconstruction ( ); demolition (X) ; moving ( ) ; alteration (X) ; painting ( ) ; sign or other appurtenant fixture ( ) work as described below in the . . . Derbv Street Historic District (NAME OF HISTORIC DISTRICT) Address of Property: 54 Turner Street Name of Record Owner: House of. Seven Gables Settlement DESCRIPTION OF WORK PROPOSED: Approval "in concept" of the proposed Education Center and addition to the Retire Becket House. This approval only includes the general footprint, roof lines and elevations from plans submitted on December 4, 1991. This approval does not include specific architectural details, materials, the overall design of the main entryway, the design of the connection from the center to the House of Seven Gables, windows, window placement, lighting, landscaping, transformers or other mechanical' ite.ms. This preliminary certificate is being issued in order to facilitate the other required approval processes. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Mass. Gen. Law Ch. 40C) and the Salem Historical Commission. Please be sure to obtain the appropriate permits from the Inspector of Buildings prior to commencing work. Dated: December 5, 1991 SALEM HISTORICALLCCOOH14ISSION By 1YL ( — _ -d �. Chairman May 18, 1992 David E. Bystrom 42 Turner St. Salem, MA 01970 Board of Appeals City of Salem One Salem Green Salem, MA 01970 Re: House of Seven Gables Settlement Association. Dear Madams and Sirs: Please let this serve as my written objection to the House of Seven Gables Settlement Association's proposed changes to the property located on Turner Street. I have submitted my objection to the House of Seven Gables Settlement Association, a copy of which is enclosed. I am further requesting the Board of Appeals deny their request in the hope that the neighborhood will remain unchanged, esthetically or otherwise. The community as a whole cannot absorb those who currently visit Salem and a proposal of this size and nature will only burden thesurroundingarea rather than benefit the community and adjacent neighbors. Again, I urge you to strongly consider the ramifications of such an addition and deny. the House of Seven Gables Settlement Association's request. Thank you. Very truly yours, David Bystrom cc: House of Seven Gables Settlement Association �\, o �� 0 �� 4 a To The Board of Appeals: I, Sophie Sawicki, have been a resident at 39 Turner Street for almost 72 years. I have been the owner and taxpayer since the mid- 1940's. I have seen many changes at The Gables but this construction is the worst idea yet. It will be built in a small area that will take away from The Gables. You can't see the Gables now. People are always asking where it is and how to get in. The area is too dense. The homes are close together. They are also going to eliminate some parking spaces. The traffic is horrendous now. Turner Street is a dead end street and very narrow. Cars speed up and down the street already. Tourists yell at each other because they think it's a one way street and sometimes one has to be a referee. Buses come down the street and can't make the turn into the yard and/or attempt to back out onto Derby Street. Sometimes they just idle on Turner Street for awhile. The exhaust enters the house and is unpleasant to smell and breathe. Buses try to leave the parking lot by way of Turner Street where a sign reads "car exit only." I close my eyes wait- ing and listening for a bang as they come so close to hitting 43 Turner Street. I'm afraid for the children in the neighborhood and also for myself. I understand the buses will leave off tourists and then come back after them. That's twice the traffic and congestion to Turner, Hardy, and Derby Streets. The directors and trustees come and go. We must be a resident 24 hours a day on Hardy Street and Turner Street. I am also concerned for future residents of these streets. Adding to the confusion of parking and traffic is the Harbor Rental and Realty and the Grand Turk Restaurant. Page 1 of 2 After hour functions are also a concern. Besides the noise factor is again parking. On one recent afternoon, at the recognition for volunteers luncheon, I counted 14 nonresident cars parked on Turner Street which is for resident parking only. As I watched, most of the car occupants entered the Caroline O. Emerton Hall on the corner. This was during the day. What .will happen after hours? How does this plan benefit the neighbors, neighborhood, and Ward 1 as Caroline Emerton intended it to be used? I am totally opposed to The Gables' plan and hope you will consider my reasons while making your decision. /Soph e S. Sawickif- May 9, 1992 Page 2 of 2 May 18, 1992 David E. Bystrom 42 Turner Street Salem, MA 01970 House of Seven Gables Settlement Association 54 Turner Street Salem, MA ,01970 Attn: Director - Dear Director: Please let this serve as my written objection to the proposed changes to the House of Seven Gables which will esthetically alter the Gables compound and surrounding area. Ms. Caroline Eramerton's Last Will and Testament did not intend for the House of Seven Gables Society to alter the property located. on Hardy and Turner Streets, Salem, MA in the manner which is pro— posed. (a copy of which is attached) The neighborhood esthetically will be altered forever. The large trees surrounding the property add beauty to the Gablesand surrounding area. The neighborhood will have to endure the unrelent— ing sound of bus engines and smell the odor of noxious fumes from buses, should the pick up and drop off tourists be permitted. Furthermore, the area is only that of landfill and the homes immediately adjacent to the Gables may suffer cracks in the foundation and walls due to large construction vehicles and pile driving. Clearly, the House of Seven Gables Association has lost sight of their fiduciary responsibility and have chosen to promote their own self—serving interests rather than the needs of the community closest to them. As your neighbor I urge you to reconsider your proposal. Ve truly yours, David - Bystrom cc: Board of Appeals - A14- Ct tizz r � ��'p cA/Jiw�(fw�(,-a. i an�LJ�Q --�/+�.. tZ7- - �- , -- - w h_y �.�. {�^Y Ll ca-z - �� t a /1 .� 17/�I A/ l- ��L9 Ls(�1w./ (I' I� •� ff�KK��� 'a ml - CL-t - atA � � � v� a wad tL pbo 41 J Q lJ�+wV VV�S of 1ry / t' dA� 1 - Y 4Ve L` Signed by the testatrix in the presence of us who, at her request, and in her presence and the presence of one another have hereto subscribed our names as witnesses, ESSEX,ss PROBATE COURT MAY 181992 )' , C WILL PRON�:0.1.61 . ! . :.ATTEST r .3:.5 ::... ..:....:RBGISTER' �I ....0.-. � f i �.��,� C4,��� rClfiCi✓ (T !� eC(�/ �iLi �, �kLhe�7e o4 I JL �X e e,6��4 Ai- ��-z e v( e d - - ----- I . _ _ _ 1� I a I I fWT1 dIX 4 L%J , ha. -e / O� �h -e. - --- - - -_-___.�_ _ _�_ .� �._._. . _ . _ _. __�. .}f. Y..___.._.. I ---- ---- - - -- - - --- - -- _ -- --- - - ---4 - - - - -- I A ' f That the particular size and shape of the Petitioners' lot especially affects the land and structures involved and are conditions not generally affecting other land, buildings or structures in the District. That the uniqueness of the Historical Site and the buildings located thereon especially affect the Petitioner's property and do not generally affect other land, building or structures in the District. 4W That due to the existing Historical buildings located on the property, as well as the unique size and shape of the land, the proposed construction could not be reasonably located on any other spot within the property. That adequate on-site parking will be available per the Petitioner's plans (67 spaces) and that the proposed off-site parking of buses will be less detrimental to the District than the existing situation with buses parking on site. �7 That the Petitioner sought and received eadmiNNOW neighborhood input and that three neighborhood meetings were held. That the Petitioner derives its existence from the money generated by tourists visiting the property, and currently the Petitioner is unable to adequately serve the needs of the visiting tourists with the configuration of the existing facilities. That the funds generated by visiting tourists to the property allow the Petitioner to establish and maintain the Historical buildings and grounds as well as several social service programs available to the entire community, which have been historically funded by the Petitioner. That the new facilities would permit handicapped access, and would enable the Petitioner to conduct its educational and orientation services for visitors in an adequate manner and in an environment that is not exposed to the elements. That the Petitioner would suffer substantial hardship in lost revenues and services if the Variances requested are not granted and the Zoning Ordinance provisions are literally enforced. %1. That the Variances requested are in harmony with other properties within the District and can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the District or purpose of the ordinance. 2 f 1� c . : �i 4-�IrU�Gl�i�x ✓-, ��� !! cv .T �chZ� ✓ ��/� ��e Cera AO' e �! ii�y'Iro�ruf'G 4 e�✓ Q (Ijio p evkd f�v� e ez �G2f✓ J -��i, ,Y�� JJl/o�yi CG�/� ���/sI/ �Ci. / �� `^, �`✓ 6,/�'�r Q� �i --------�� A e rl I� fQabAn, r 7t) �-e _ . -�;- �i 1 i { i i k 1, f C� rill --�1 U✓ L�`�`�/��[ � b� � e Gbh ✓ �2�G��Irc, �2�iLj ✓ - �r i I E F////�//n// V ia � r r NEIGHBORS AND RESIDENTS OF SALEM IN OPPOSITION TO THE PROPOSED ADDITION AND/OR EXPANSION OF THE HOUSE OF SEVEN GABLES Name Address 3� 90 ,6 aL NI /7 42 �lz, T