3 WHITE STREET - ZBA (3) f
j 3 White St. B-1
Robert Ouellette
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DECISION ON THE PETITION OF ROBERT OUELLETTE FOR A SPECIAL
PERMIT FOR 3 WHITE ST. , SALEM
A hearing on this petition was held February 26, l�$6 j�th he e f��?aDling
Board Members present: James Hacker, Chairman; Me s C r fl ; B cal,
Strout and Associate Member LaBrecque. Notice of the bearing was sent
to abutters and others and notices of the hearing ZPATproperly published
in the Salem Evening News in accordance with Massac)fsg><tsk Ge! eER.) IWS
Chapter. 40A.
Petitioner, owner of the property, is requesting a Special Permit to recon-
struct a two story building and to add a third story within the same footprint
in this B- 1 district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section V B 10, 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 Section VIII F and IX D, grant Special Permits for alterations
and reconstruction on 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, and
after viewing the plans, makes the following findings of fact:
1 . Petitioner destroyed more than 50% of the building;
2. Several neighbors and abutters appeared and spoke in favor
of the petition;
3. Abutting fraternal organization and its members spoke in opposition;
4. There is not sufficient parking on this small lot.
findings of fact, and on the evidence presented at the
On the basis of the above
hearing, the Board of Appeal concludes as follows:
1 . The Special Permit requested cannot be granted without substantial
detriment to the public good.
2. The proposed plan is not in harmony with the purpose and intent of
the ordinance and will not promote the safety and welfare of the
City' s inhabitants.
DECISION ON .THE PETITION OF ROBERT OUELLETTE FOR A
SPECIAL PERMIT FOR 3 WHITE ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, against granting
the Special Permit requested.
SPECIAL PERMIT DENIED
ames B. Hacker, Chairmaif
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
D.^"EAL FRO" THIS DECISION. IF ANY, SHALL BT MADE PURSUANT TO SE00% 17 OF THE L'%-*'l-
EE':C.',dL LnC.`:.'.F"IES E02. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILM- 1
T,..£ GEC!SL: I'. T..E C`FSE OF THE CITY CLERK.
nPTEP. £O2 S:CT!iii 11, THE YAMAIXE OR S=-,: ER
IAL PHT
_T V.T:1 A C?"'i OF T=E=EDIS!Oh, BEAR! —H_ CERT-
. HVE EL1F°EO .'•. !% NO A TEAL HAS FEE-,'; FIL_'0,
Atd APPE1,! H-S B'&: FILE. THAT !T H;S BE-'; CI:(r iSSED CR CEaED IS
RECLP.^.ED IN THE SDUTH ESSEX R--;S-j RY OF DEEDS AND INDEXED UNDEP, THE HA4:E OF Tri' Od iEP.
OF RECORD OR IS RECORDED AY.D NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
January 14, 1986
Appeals Board
City of Salem
One Salem Green
Salem, MA 01970
Members of the Board:
Due to a previous commitment, I am unable to attend tonight's public
hearing. I would, however, request that this letter serve as my endorsement
of Mr. Robert Ouellette's proposal to renovate and add a third story to this
property at 3 White Street.
Although I do not own the property, I have lived at 4 Blaney Street -
directly abutting Mr. Ouellette's property - for over four years and plan
to live there for the forseeable future. This "forgotten" end of an other-
wise promising historic neighborhood is home to a host of other, more serious
code violations. Abandoned vehicles, dilapidated, unsafe buildings, and piles
of trash abound. Mr. Ouellette's attempt to clean up one small piece of this
area should be applauded and encouraged - not thwarted - by the City.
It is my understanding that it is a technicality of the by-laws and not
any valid complaint by abuttors that has held up this project. I would hope
that this Board, in its wisdom, would see beyond any minor objections or strictly
internal political power struggles and look to the overall neighborhood and
its importance to the City and grant Mr. Ouellette the variance he has requested.
In closing, allow me to add that I did not know Mr. Ouellette prior to
his beginning work on his property - as a neighbor, I simply appreciate his
efforts to clean up the area that I live in.
Should you request any further information, do not hesitate to contact
me.
Very truly yours,
,
a. (P
Ma aret A. Harrington
we, the undersigned, abutters and nearby homeowners to that certain parcel of
land located at 3 White Street, Salem, wish to be recorded in favor to the
granting by the Salem Board of Appeal of the Special Permit sought by Robert
Ouellette, which hearing is to be held on November 13, 1985. The reasons for
the petitioning of said Special Permit have been fully explained to us and we
are of the opinion that the granting of said Special Permit will in no way be
detrimental to the public good and will not derogate from the intent of the
Zoning Ordinance.
NAME ADDRESS
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Salem Historical COMMIssiM
ONE SALEM GREEN, SALEM, MASSACHUSEl7S01970
March 10, 1986
Miss Alice Jordan
Miss Dolores Jordan .
97 Derby Street
Salem, MA 01970,
Dear Misses Jordan:
Thank you for your letter regarding Mr. Ouellette' s property at 3
White Street. As you correctly stated, this property is not located
within the Derby Street Local Historic District so that the Historical
Commission has no design review jurisdiction over the project. However,
we do serve the City in an advisory capacity on issues concerning
Salem' s historic resources and we are particularly concerned about
National Register properties and districts.
Because the Commission monitors over 500 buildings in our local
districts, we depend on Salem citizens such as yourselves to assist us
in keeping track of all the changes in our historic areas. We were very
.. sorry to see 3 White Street razed, and we hope that in the future this
type of destruction can be prevented. If something like this occurs
.again, you can report it directly to our staff person at the Planning
Department, Debra Hilbert. Her number is 744-4580. We appreciate your
continuing interest in preserving Salem' s architectural history and
character. We will be forwarding your letter to ,the Board of Appeal so
that they are also aware of your views in this matter.
Sincerely,
. - C • t�-�W v wL
Annie C. Harris
Chairman
cc: Board of Appeals
97 Derby Street
Salem , MA 01970
March 3 , 1986
Commissioners
Salem Historical Commission
Salem, MA 01970
Dear Ms . Harris :
On February 26 , 1986 a hearing was held at the Board
of Appeals regarding the demolition of a cottage on White Street.
Mr. Robert Ouellette who purchased the property in 1985
bought the cottage with the intention .of replacing the existing
cottage with two condos three stories high. Being abutters we
were concerned that permit was not issued to demolish the
cottage or a hearing held prior to the razing of the cottage .
As you must recall we lost two homes on Derby Street adjacent
to the VFW in the same fashion without proper authorization .
We lost a street scape of homes from White Street to Blaney Street
to allow a parking lot to be constructed to accomodate the VFW.
This problem is a major concern for local residents who care
about maintaining the spirit of a historic district and who
have been actively engaged in pursuing historic districts
in the city.
Mr. Ouellette only received a permit to rehabilitate the
cottage and if I had not inquired to see the permit and view the
building plans at the building inspectors office he was totally
unaware that the building was razed . He viewed the property
the same day and issued a cease and desist order.
Although White Street properties are not included in the
Derby Street Historic District the streets waterside from
Kosciusko Street to Blaney Street are included in the National .
Register and these simple homes should be protected from demolition .
I am of the opinion that our Historic Commission should avail
themselves of the opportunity to attend public hearings like the
one. held on Wednesday and help educate the members of the Board
of Appeal , the building inspector and the 50 Salem citizens who
attended this hearing . It was a golden opportunity to teach and
reach our to people in the community about the importance of
rehabilitation of properties and not the demolition of homes
that could be rehabilitated .
The structure , Mr. Ouellette was proposing was excessive
in both design and physical size for the small lot he purchased .
The design he submitted to enlarge the condo structure added to
the poor design for the building . The piggy back approach to
solve the problem of •housing three cars was unacceptable . With
the marina at the foot of the street , which handles about 300
cars daily from Spring to November the proposal was inadequate .
Condos were added to 105 Derby Street , 6 family to 9 condos
on the Kobu.szewski property on Derby Street abutting White Street
Mack-ey property from 2 family to 4 condos on Blaney Street we
are physically. changing homes into condos without adequately
looking at what is happening to the quality of life etc , in the
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historic area of Derby Street. Should Mr. Mackey have a
disagreement with Mr. Kobuszewski where will the new condo
owners park their vehicles , this is already a burden of
some magnitude for White Street. The proposal Mr. Ouellette
submitted just added to the complex problems that already
exist in the area.
Each home -and property in the local historic areas need
to be preserved to sustain credence to the philosophy of
historic districting in Salem. The homes from Hawthorne
Boulevard to Webb Street add their own charm and mark in the local
areas and they must be sustained .
It is difficult for us to understand your reluctance
as commissioners to attend these hearings when we believe that
your first order of concern should be is to maintain the
integrity of the local historic districts and work to maintain
the spirit of conservation of homes in . Salem.
To lose a prime opportunity to help educate and enlighten
the citizens of Salem. in historic preservation to us is a
grievous error. Isolation does not help the cause of historic
preservation in Salem.
Sincerely ,
Alice Jorda
Dolores JoIrdan
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ROBERT J. CROWLEY 48 Pfg0te freet
wch of Salrm, 411. 01970
Date: 9anuary 8. 1986
City of Salem Re: 3 White Street
Board of Appeal Robert Ouellette
One Salem Green
Salem, MA 01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire• Department requests the
following items to be placed on record:
As previously stated in my letter of November 12,: 1985 to this Board, The
Salem Fire'DDepar.,tment has no objection to the granting of a Special Permit
to reconstruct a two story building and to add a third floor. Mr. Ouellette
has been in contact with this office since May 1985 as to what was required
from the Fire Department relative to the installation of automatic smoke
detectors. All necessary permits for this property have been taken out by
Mr. Ouellette.
This department is still very concerned of the problem that has existed all
too long at this site. We continue to receive reports of children playing in
the area of this new construction. This building as' such continues to be a
fire hazard to the area.
Respectfully,
Norman P. LaPointe
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105
We the undersigned do hereby waive all rights with regard to
time limitations for Board of Appeal decision on the petition
concerning the following property:
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DATE VrIETI I KV-Ad/or ATTORNEY
We the undersigned do hereby waive all rights with regard to
time limitations for Board of Appeal decision on the petition
concerning the following property:
DATE PETII and/or ATTORNEY
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