24 1/2 WINTER STREET - ZBA r24'-z Winter St. R-2
Ada & Donald Roberts (pet)
'\ I Victor Mazzarini (owner)
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DECISION ON THE PETITION OF ADA h DONALD ROBERTS (PETITI0NERS)
VICTOR MAZZARINI (OWNER) FOR SPECIAL PERMIT AND VARIANCE
FOR 242 WINTER STREET, SALEM
MAY IZ 3 03`?y
A hearing on this petition'was 'held April
. 3gorr 1986 with the llowing Board
Members present: James Backer, Chairman; Mf�5X , Charnas, Luzinski, Strout and
Associate Member Dore. Notice of the hearirlf. Kas sent to abutters and others'
and notices of the hearing were properly pu lish? d in tt%oa!Zer. E--ening News in I
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit• and Variance to allow a Bed &
Breakfast Tourist Home and a Variance from minium parking requirerents in this
R-2 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 follow:
Notwithstanding anything to the contrary appearing in this
Ordinance, the Board of Appeal may, in accordance with the
procedure ard' conditions set forth in Section VIII F and IX D,
grant Special Permit for alterations and reconstruction of non-
conforming 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 Variance which has been requested may be granted upon a findng of the
Board that:
. a. 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 in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the or the purpose of the Ordinance.
DECISION. ON THE PETITION OF ADA & DONALD ROBERTS (PETITIONERS)
VICTOR MAZZARINI (OWNER) FOR A SPECIAL PERMIT AND VARIANCE FOR
242' WINTER STREET, SALEM
page two
The Board of Appeal,„after careful consideration of the evidence presented and
after viewing the plans, makes the. following findings of fact:
1 .This is a heav residentia
y 1 area; •
2 Many neighbors were in opposition;
a..
3. Several people were in favor;
4. Parking requirements could not be met;
5. Serious problem with traffic as it exists, this would.only
exacerbate the problem.
On the basis of the aboee findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The relief requested cannot be granted without substantial
detriment to the public good and without nullifying or sub-
stantially derogating from the intent of the district or the
purpose of the Ordinance;
2. Literal enforcement of the provisions of the Ordinance would
not involve substantial hardship to petitioners;
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Luzinski voted in favor)
against granting the petitioners the Special Permit and Variance requested.
DENIED
� J
Peter Strout, Member Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FP.OIA THIS DECISION, IF ANY, SHALL BE 61ADE PURSUANT TO SECTION 17 OF THE 6'.ASS. -
GENERAL LA'i:S, CHAPTER SOS. AND SHALL BE FILED 19ITHiN 20 DAYS AFTER THE DATE OF FILING
GE THIS CEGS173rd IN THE C,'FF:CE CF iH>zCIJ^'S CLERK, 11. THE VARIANCE OR SPECIAL PEPS9T
PUR . rT SS E!1F76. L P. r L r
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OF RECORD OR IS RECORDED AND NOTED ON THE O1Sf:ER'S CERTIFICATE OF TITLE,
BOARD OF APPAL _
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Joseph F. Sullivan o a1rm, Ott. 01970
Chief
Date: April 29, 1986
City of Salem RE: 242 Winter Street
Board of Appeal Ada & Donald Roberts
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:
The Salem Fire Department has no objection to the granting of a Special Permit
and/or Variance to allow a Bed & Breakfast Tourist Home at the above listed
property.
Mrs. Roberts has been in contact with this office relative to the requirements
that will be necessary for compliance of automatic smoke detectors and other
public safety items. Mrs. Roberts is in complete accord to making this property
as safe as possible. The granting of a Special Permit and/or. Variance is recom-
mended by this office.
(Ttvs
ect fu
p4'i'YdL6Gh1V
Norman P: LaPointe
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105
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39 Phillips Road
Nahant, MA. 01908
April 22, 1986
Mr. James Hacker, Chairman
Board of Appeals
One Salem Green
2nd Floor
Salem, MA. 01970
Dear Mr. Hacker:
We are writing on behalf of Ada and Donald Roberts, proprietors of the Amelia
Paper Guest House --- with regard to their efforts in securing a variance to
operate a "Bed & Breakfast" at 24-1/2 Winter Street, Salem, MA.
We met the Roberts professionally in December of 1985 as we were arranging
some affordable accommodation for the parents of our son's bride. Traveling
across the country was expensive for retired people and the hotel costs in the
greater Boston area would leave little for enjoying local culture.
They had suggested that we investigate the opportunity for a stay at a local
B&B. As a matter of fact, they were interested in the Marblehead, Beverly,
Salem area --- if lodging arrangements could be secured.
After calling the Boston Chamber of Commerce we were supplied with a list of
telephone numbers for facilities in the afore-mentioned locations.
Our son expressed to us that his new in-laws were independent and fussy. The
historic appeal of Salem and close proximity of many interesting attractions
were taken into account but the paramount concern would be the lodging and the
congeniality of the hosts.
We personally inspected four facilities and settled on the Amelia Payson
House. The over-riding reason for this was the cleanliness and charm of the
house and the room they would stay in. The bonus came from the delightful and
helpful personality of their host family.
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The people we had arranged this visit for had intended to spend three days in
Salem and the balance in Boston. However, their experience with Ada and
Donald was so enjoyable that they scuttled the plans for Boston and opted to
extend their stay in Salem. The Roberts' acted as historians, innkeepers,
advisors and caring, friendly people.
BRAVO AND ACCOLADES TO ADA AND DONALD ROBERTS!
We certainly hope that more travelers could have the opportunity to spend
several nights in Salem with the people we refer to as the "Ambassadors" of
congeniality and community pride --- Ada and Donald Roberts.
We believe that by approving the Roberts' petition --- the neighborhood and
the community will benefit:
Thank you in advance.
Sincerely,
4 -U 44 &444
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ce and Russell Paudet
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Mr. Richard Malone Htis
Arndtstrasse 2A F n
4800 Bielefeld 1 ,
West Germany 2z A-F
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James Hacker, Chairman
Salem Board of Appeals
One Salem Green
2nd Floor-
Salem, Ma. 01970
April 16, 1986
James Hacker, Chairman
Salem Board of Appeals
One Salem Green
2nd Floor
Salem, Ma. 01970
Dear Mr. Hacker,
I just made another trip to the states and in
visiting Salem I again stayed with Ada and Don Roberts in their
lovely home, The Amelia Payson House , and they told me of their
exciting plans for buying a new place down the street. I wished
them good luck and offered to speak on their behalf at an
upcoming meeting that is planned for April 30 , 1986, but
unfortunately I am having to return to West Germany sooner than I
had expected and will be gone during this time. I did want to let
the people of Salem know of the wonderful hospitality I have
always received during my past four visit and hope to to have
when I return soon. Ada and Don have made me feel very welcome
and have made my stay a most enjoyable one.
I also might add that my two children have
enjoyed their stay and my family from New York City have been
able to meet for a family reunion. My mother who is 80 yrs. old
was quite pleased with the fine decor and warm atmosphere.
I hope that the city of Salem realizes their good
fortune to have the Roberts' as good will ambassadors for their
city and I look forward to the opportunity of staying in their
new Guest House when I return for my audition with the Boston
Opera Company and several area symphonies.
Au idersehen,llteYwoxms.—.
Q/ll�
Mr. Richard Malone ,
Opera & Concert Artist
Bielefeld, West Germany
0970
Sri
The Amelia Payson Places to go . . .
Welcome to our Home Guest House Historic Sights to See . . .
Rates A Walking Tour of Salem
$45.00per night for Double Room
Built in 1845 for Amelia and Edward Payson,#16 $30.00 per nigbt for Single Room * Amelia Payson Guest House
Winter Street is one of Salem's fines[examples of 3 nights = $110.00 double I. Witch Museum
Greek Revival Architecture. 3 nights = $75.00 single 2. Salem Common
One week, 7 nights = $250.00 (double) 3 John Ward House
Elegantly restored and beautifully decorated,guests 4 Andrew-Stafford House
enjoy spacious accommodations located in the * Rollaway beds available ($10.00 extra) 5 GardCronen— Pi — Bentley House
heart of Salem's Historic District. *Guaranteed reservations requires advance cash 6 Gardner — Pingree House
7 Essex Institute
deposit
A five to ten minute stroll finds downtown *Cash or Travelers Checks preferred, Credit 8 Peabody Museum
shopping, historic houses and museums, or Cards subject to a 5% service charge. (Master 9 The Burying Point
Pickering Wharf s waterfront dining Charge, Visa and American Express) 10 Old Town Hall
I1 Salem Marketplace
Whatever your choice, we encourage you to For further information and reservations, please call: 12 Pickering Wharf—Shopping, dining,
explore the many things to do and see in Salem and M 617 744-8304 boat tours
r 13 Salem Maritime National Historic Site
its surrounding communities, and we will take 9
pleasure in making your stay relaxing, comfortable, 14 House of Seven Gables
and economical. cs ' ( `xt , 15 Ye Olde Pepper Companie
'c "Oldest Candy Company in America'
Rates are per room/per night with accommoda- , i� " 16 The Witch Dungeon Museum
17 Peirce-Nichols House
tions for Single or Double occupancy. :. 18 Assembly House
es Mansiono R
A light buffet breakfast is served to help you start i( �; ,� 1�� 19 p
20 Witch House
your day and provides the opportunity to share 21 Chestnut Street
with guests information about our wonderful city ;. -
and all its Witchcraft mystique. y"`a , 22 Pickering House
Whether you are on vacation, a business trip, or
just traveling through Salem, we hope that you
enjoy the charm and friendly hospitality of guest
house accommodations and call for reservations.
HgEJ
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Your Hosts, 1 "
e. o..-.�....
Ada & Don Roberts 1L + f r SALEM � �
Proprietors 3 r
617-744-8304 e
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Boston,MA /6
Danvers,MA B
Gloucester,MA 1B s
Ipswich 11 a
Newburyport,MA 21
Portsmouth,NX 57
Now York City 236
LOGAN
INTERNATIONAL
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*From Boston and Logan Airport Rte. 1 N or o
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Rte.93N to Rte.128N to Rte. 114E to Salem N
•From Western Massachusetts take Mass. z U
Amelia
Pike(Rte. 90 towards Boston) to Rte. 128N
to Rte. 114E to Salem. Payson
•From New Hampshire take Rte. 93S to Rte. ¢ i
128N to Rte. 114E to Salem. /1�e��
•From Maine take Rte. 9 5 S to Rte. 114E to _ /HJT
Salem. -
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In Salem take Rte. 107NioRte. lA(Winter House
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A-13 CHARLES H. ODELL'HOUSE 1987
o INTRODUCTIONS
o PURPOSE OF USE AND NATURE OF OCCUPANTS
o CURRENT INVOLVEMENT AND EXPERIENCE
o HISTORICAL PRESERVATION & RESTORATION
o IMPROVEMENTS ( ESTHETICS, STRUCTURAL, SAFETY
AND FINANCIAL INVOLVEMENT)
o PARKING PROPOSAL
o HARDSHIP
o CONCLUSION
INTRODUCTIONS
Ada & Donald Roberts , residents of Salem and #16 Winter
Street , are here before the Board of Appeals to request a Special
Permit and Parking Variance to operate an owner occupied Bed &
Breakfast Guest House at #24 1/2 Winter Street , of which they
have contracted to purchase .
PURPOSE OF USE AND NATURE OF OCCUPANTS
It is our intention to maintain and improve this single
family residence as a host home with ( 5) five quest bedrooms for
Salem' s visiting:
o Tourists
o Business Executives
o Guests of Local Families and Friends
o Salem State College Functions
o Historians , Architects etc .
We will be maintaining our residence at #24 1/2 Winter
Street and hope to be very involved in acting as true ambassadors
for our guests .
CURRENT INVOLVEMENT AND EXPERIENCE
We have been living at #16 Winter Street since January
1984 . Under guidelines set by the Building Dept . and the
Licensing Dept , we have been operating a two bedroom host home as
of May 31 , 1985 and have experienced great satisfaction as
proprietors of the Amelia Payson Guest House. ( see last page for
brochure)
We have been hosts to people from all over the world and
for the many reasons mentioned above. It has enabled us to
restore and improve our property, and it has brought us much
personal enjoyment as a jointly shared husband and wife venture.
HISTORICAL PRESERVATION
Built in 1887 for Charles Odell , #24 1/2 Winter Street
is located within the Washington Square Historic District. With
all it ' s fancy shingles , gables , dormers , bays , and varied window
shapes and sizes , it is typical of the "Queen Anne" style of
architecture. Its home owners have included in 1915 Edward H.
Parker of Parker Brothers Games , in 1929 Dr . Ralph W. Haywood
whose sister-in-law, Lillian Haywood, painted a beautiful mural
on the walls of the dining room depicting Old Derby Wharf with
the Customs House , the House of Seven Gables and Ropes Mansion' s
Gardens. It still remains in tact and is a beautiful tribute to
our History. In 1939 this house was also the home of Salem' s
Rehabilitation Hospital ' s namesake , Dr. J. Robert Shaughnessy. In
1959 it was purchased by Americo H. and Gilda R. Mazzarini who
have been the proud owners for 27 years .
We have been in touch with the Historic Commission and
are prepared to follow their guidelines as to the outside
structural and color coding limits , and sign adaptation.
IMPROVEMENTS
We are happy to say that our use would not require any
structural changes outside and except for Safety Code
requirements , very little inside. Our restoration would be
primarily repairs to the dwelling as it exists and of course all
the esthetic trimmings . Our financial involvement after it' s
purchase to repair and upgrade to City & State codes is estimated
to be $50 ,000,
PARKING PROPOSAL
As residents of Salem, and most importantly the Winter
Street area, we are not naive of the parking concerns within the
city and each of it ' s neighborhoods . Its is not our intention to
create any burden for our neighbors in regards to parking. We
have approached this request of a variance with a clear
understanding of the conditions as they exist today and we
believe our proposal to parking is a viable one with little or no
impact on our neighbors .
We are requesting of this Board the opportunity to
operate a ( 5 ) five guest room guest house .
Four rooms with cars , a fifth room only when without a
car .
If you look to the plot plan of #24 1/2 Winter Street ,
page A, you can see that it is our intention to park ( 3 ) of our
quest cars on the property. Given the width and length of the
driveway and an already existing ( 2) two car garage , this is
clearly possible . We ask for only one car to be parked on the
street in front of the home .
As owners of #16 Winter Street , we further propose to
park our personal cars off street at this property. Spaces 1 & 2
for our cars , and spaces 3 & 4 for the tenants of #16 Winter
Street . (See page B for #16 Winter Street Plot Plan. )
In regards to the fifth room without a car . Looking at
the the 2nd floor plans , page D, you will see that room #5 is a
single roam that will only have one occupant . It is our
experience that we host many guests without cars . Because we in
Salem are fortunate to have , most of the time , good public bus
and train transportation, we often have visitors without
vehicles. Also given that the industry standard occupancy rate is
a 70% yearly average , there will be mann times that we will not
be full to capacity. We are so confident in this issue that we do
not feel this restriction to our variance will tie our hands or
impede our business , and will allow us to offer a more modest
priced room for someone traveling alone .
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HARDSHIP
Given the area property values , the multi-family zoning
already within the area, and the land and structure on this
property, continuation of its use as a single family home would
create a substantial financial hardship in trying to preserve it
structurally , cosmetically and utilitarily.
CONCLUSION
We feel we are well prepared for the task that lies
ahead and we hope to have the opportunity of creating a much
needed oasis for Salem' s visitors .
We are hopeful thatthe board of Appeals are as excited
as we are about our proposal and can see clear to grant us a
Special Permit and parkinq Variance to operate a Bed & Breakfast
at #24 1/2 Winter Street .
COMMUNICATION WITHIN THE NEIGHBORHOOD
It has been of qreat importance to us to communicate our
proposal to all the abutters of #24 1/2 Winter Street . With qreat
efforts to notify all the neighbors of our intended use by
letters , visitations and phone conversations , we feel we have
addressed their primary concerns of a Bed & Breakfast in their
neiqhborhood. We in turn have have had the opportunity to meet
some very fine lonq and short term residents of Winter Street who
take pride . in their homes and in Salem.
The Amelia Payson
April ° , 19BG
Guest House
Dear Neighbor ,
Very shortly you will be receiving notification from the
the Salem Board of Appeals of an upcoming meeting to discuss the
request of my husband' s and mine for a special permit as we
endeavor to purchase and operate a owner occupied Bed & Breakfast
Guest House at #24 1 /2 Winter Street , Gilda & Victor Mazzarini ' s
home .
As residents of Winter Street . #16 , we would like to
take this opportunity not only to introduce ourselves , but to
share with you of our experience with our current Host Home , and
to welcome and address any concerns you may have about the
operation of a Bed & Breakfast at #24 lit Winter Street .
We are sure you will agree that Salem offers very few
alternatives to the accommodations needs of our tourists ,
business executives , visiting family members , historians ,
architects , etc . , and that Salem spends thousands of dollars each
year to attract these visitors by day, only to send them
elsewhere at night . It has been our experience as a host home for
a few of these visitors that they would rather stay in Salem, be
patrons of our restaurants and retail shops , and that an
increasingly number of them would prefer to stay in a Bed &
Breakfast atmoshere. If you have ever stayed abroad at a Bed &
Breakfast you will be able to relate to this fairly new and
positive concept as a welcomed accommodation alternative. That it
usually comes as a welcomed new use of a home and has made it
possible for so many of our older homes to be restored,
maintained and enjoyed. . . . It is this reason especially that
Gilda and Victor are very thrilled with our proposal for the use
of their home, of 27 years . They are very proud of their home ' s
unique architectural style and want to see it shared with those
who also appreciate it as one of Salem' s most admired Historic
Homes .
16 Winter Street Salem, Massachusetts 01970 (617) 744-8304
We have enclosed a copy of our current host home
brochure for your inspection. If you are not familiar with our
home or the Bed <, Breakfast concept this will cgive you a better
understanding of what we have planned for the Mazzarini
residence . Of course we encourage all our neiqhbors to be curious
and interested in our proposal and we are hopeful that many will
stop by for a visit . We are excited about our future plans and we
plan to be available to answer any questions you may have. The
Mazzarini ' s truly believe that our proposal would better serve
the residences of Winter Street and are behind us whole
heartedly. We hope we can count on your support as well .
Sincerely yours ,
Ada & Donald Roberts
lb Winter Street
Salem, Ma. 01970
c . c . Kevin Harvey
Ward 2 Councilman
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PLAN Of LAND
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BY
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9 GLIDDEN STREET
BEVERLY, MASS. 01915
FEBRUARY 25,1986
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1 CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING
EXISTING OWNERSHIPS, AND - THE LINES OF STREETS AND WAYS SHOWN ARE THOSE OF
PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND NO NEW LINES FOR
DIVISION OF EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN. I FURTHER CERTIFY
THAT THIS PLAN HAS BEEN PREPARED IN CONFORMITY WITH THE RULES AND REGULA—
TIONS OF THE REGISTERS OF DEEDS . �~ r
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