12 WILLISON STREET - ZBA � L
goNO]Tq,q CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
- ( � SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
W�
FAX 978-740-9846
KIMBERLEY DRISCOLL 2010 MAR 31 ,{-D 3: 10
MAYOR.
FILE F
CITY CUIT};,
March 31, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of DIONISIO and REINIER CABRERA, seeking Variances from minimum
side and rear yard setbacks, and minimum lot area per dwelling unit, to allow for
the conversion of the single-family house on the property located at 12 WILLSON
STREET, Salem, MA (Bl) to a two-family house, and to allow for the addition of an
emergency exit at the rear or the house.
A public hearing on the above Petition was opened on March 17, 2010 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on March 17, 2010 with the
following Zoning Board of Appeals members present: Robin Stein, Richard Dionne,
Bonnie Belair, and Beth Debski.
Petitioner seeks Variances pursuant to Section 4.1.1 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. Attorney Stephen Zalotas represented the owners and petitioners, Dionisio and
Reimer Cabrera.
2. In 1994, previous owner Cecile Berube obtained relief from the Board of Appeals
and a Waiver of Frontage and endorsement of an Approval Not Required plan
from the Planning Board in order to divide the property into two lots, 12 and 18
Willson Street. The Waiver of Frontage contained a condition that the property
be used for"a residential use."
3. In 1996, the house at 12 Boston Street was moved to 12 Willson Street.
4. In a decision dated September 23, 1997, the Board of Appeals denied the request
of then-owner Joseph Reither for an administrative ruling to overturn the Zoning
Officer's finding that the legal use of the property was a for a single-family house.
This finding was based on the language from the Waiver of Frontage requiring the
property to be used for"a residential use."
5. In 1997, Mr. Reither appealed the Board's decision denying his petition; the Court
asked the City of Salem to enter into mediation with him. While in mediation, the
2
parties agreed that Mr. Reither would apply to the Board of Appeals for a Special
Permit to allow the building to be used as a two-family house.
6. In a decision dated November 25, 1998, the Board of Appeals denied an
application of Joseph Reither for a Special Permit to allow the property to be used
for a two-family dwelling. Mr. Reither appealed the decision. In 2000, the
Massachusetts Appeals Court stated in its ruling that relief from the dimensional
requirements of the B-1 zone had never been sought, and so while Mr. Reither
was not entitled to use the property for a two-family house, as he argued, neither
had the Board of Appeals expressly denied dimensional relief.
7. In the 2000 ruling, the court further noted that the use of the Planning Board's
language, "a residential use," provided some support that the intent was to restrict
the property to a single-family use. However, the court stated that this was "not
dispositive," and that if the Planning Board had intended to make such a
restriction, its language ought to have been clearer.
8. In an application dated September 23, 2009, the current owner and petitioner,
Reimer Cabrera, requested the dimensional relief that had never previously been
sought for this property: relief from minimum rear and side yards and from
minimum lot area per dwelling unit, in order to convert the single-family house on
12 Willson Street to a two-family house and construct an emergency back stair.
The petition was withdrawn without prejudice.
9. In an application dated February 24, 2010, petitioner again requested relief from
minimum rear and side yards and from minimum lot area per dwelling unit, in
order to convert the single-family house on 12 Willson Street to a two-family
house and construct an emergency back stair.
10. At the March 17, 2010 hearing for this petition, the applicant submitted a letter in
support of the proposal from Mark and Heather Leclerc of 5 Horton St. and a
petition signed by 60 neighbors in support of the proposal. Additionally, Ward 3
Councillor Jean Pelletier submitted a supporting letter and spoke in favor of the
petition, citing the large size of the house and adequacy of parking.
11. At the hearing, At-Large Councillor Steven Pinto, 55 Columbus Avenue, spoke in
opposition to the petition, since he felt the house and property were too small for a
two-family use. The Board received a letter from At-Large Councillor Joan
Lovely, 14 Story Street, in opposition, since she felt the petitioners could not
show legal hardship, and since several neighbors who opposed the petition in the
past were still opposed. Neighbors Stavros Moutsoulas, 11 Willson Street, and
Alma Pelletier, 3 Horton Street, also spoke in opposition, citing concerns about
density and drainage.
12. At the hearing, Board members expressed concern that work had already begun,
without building permits or Board relief, to convert the upstairs into a second unit.
3
13. Some Board members also expressed the view that the petitioners could not claim
hardship if they knew the house was a single-family house when they purchased
it.
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. Literal enforcement of the provisions of this ordinance would not involve
substantial hardship, financial or otherwise, to the appellant.
2. The applicant may not vary the terms of the Business Neighborhood
Zoning District to convert the single-family house at 12 Willson Street to a
two-family house; the petition is not consistent with the intent and purpose
of the City of Salem Zoning 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. Variances from minimum side and rear yard setbacks, and minimum lot
area per dwelling unit, to allow for the conversion of the single-family
house to a two-family house and for the construction of an emergency
back stair, are not granted.
In consideration of the above, the Salem Board of Appeals voted, two (2) in favor(Stein
and Dionne) and two (2) opposed (Debski and Belair), to grant petitioner's requests for
Variances. The petition is denied.
Robin Stein, Chair
Salem 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.
oNo,ra �lCitp Of 6alEm, Aa!oarbugettg
�%. MAR 12 2010
9. Office of tlje Citp tfountil DE
Citp 0311 COMMUNITY L'''c'vr_LOPMENT
COUNCILLORS-AT-LARGE ROBERT K.MCCARTHY WARD COUNCILLORS
PRESIDENT
2010 2010
THOMAS H.FUREY CHERYL A. LAPOINTE ROBERT K.MCCARTHY
JOAN B.LOVELY CITY CLERK MICHAEL SOSNOWSKI
STEVEN A.PINTO JEAN M.PELLETIER
ARTHUR C.SARGENT III JERRY L. RYAN
JOHN H.RONAN
PAUL C.PREVEY
JOSEPH A.O'KEEFE, SR.
March 10, 2010
Salem Zoning Board of Alpeals
120 Washington Street 3` Floor
Salem, MA 01970
RE: 12 Willson Street
To the Board of Appeals:
It is my understanding that Dionisio and Reimer Cabrera are filing a petition for a
variance for their 12 Willson Street home in Salem. 1 have read a copy of the petition and the
statements attached thereto. I have also reviewed the plans and have done a walk through of the
property and the house itself. Based on my observations, I completely support this petition.
1 was present when the house was originally moved from 12 Boston Street to 12 Willson
Street in Salem. Having been present, I can attest that the property is truly unique in the respect
that it was moved as is from one location to another.
I have had the privilege of viewing the house and property at 12 Willson Street as well as
the surrounding neighborhood. I have also lived in this neighborhood for over forty years and I
am keenly aware of the makeup of the neighborhood. I have noticed that there are several homes
on similar size lots that arejust as large, if not larger than the Cabrera's current home. There are
also houses that are roughly the same size as the Cabrera's in the neighborhood that are on even
smaller plots of land. Of these homes I have mentioned, it is my understanding that several of
them are two family residences.
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 •WWW.SALEM.COM
Having done a walk through of the house at 12 Willson Street, I can attest that Mr. and
Mrs. Cabrera live on the first floor of the residence. The second floor is unoccupied. Mr. and Mrs.
Cabrera have not begun any work on the second floor and it is my understanding that the
Cabrera's are waiting until the appropriate time to obtain the necessary permits to begin
construction on the second floor. Anything that is currently on the second floor already existed in
the house when it was moved to 12 Willson Street, before Dionisio and Reinier Cabrera
purchased the home. From what I have seen inside of the 12 Willson Street home,I can verify the
Cabrera's statement that the house is simply too large to maintain by themselves as a single
family home.
Additionally, I have seen the suggested parking area in the back of the property. From my
visual inspection,there is ample room for several cars to park without blocking each other in.
In short, it is my opinion that it would be appropriate to grant the Cabrera's home on 12
Willson Street the necessary variance so that they could construct the second means of egress to
the second floor and begin the process of constructing their current residence into a two family
home.
Regards,
L
ean Pelletier
Ward 3 Councillor for Salem
cc: Stephen Zolotas Esq.
Mr. & Mrs. Cabrera
Mayor Driscoll
City Clerk
Building Inspector
City of Salem Zoning Board of Appeals:
The undersigned enthusiastically support the petition of Dionisio Cabrera and Rennier Cabrera
for a variance allowing the use of the building at 12 Willson Street as a two family residence,
and the construction of an emergency exit from the second floor.
No. Printed Name Signature Address Date
c S C 2L'1 ITe c J a n 3— - /a
2 1 r\
3. — 73 c3 K . .
4. Lce J �6Fei n> O
5• >, 2(� �R s� 3
6. p ry3 11n.
7. e
8 's5 rVh
9 St .
10 1 �_'f 3 0
_
12 ; ' l of - —. G /0
13
14
15 (c/ I lei+ 3 -10
16 c. / I I A �d� _ E 4e o
17 d- -/
18 at/\ -
19 a � , 1 h ST 3-
20 S 3-
21 3a
22
23 3 6
24 3 `
25 1-tj,(Y4,- J` - 6,
26
27CQ, S
28 _ Ld �r z.
29 — D
30 o L Is Vaol O
City of Salem Zoning Board of Appeals:
The undersigned enthusiastically support the petition of Dionisio Cabrera and Rennier Cabrera
for a variance allowing the use of the building at 12 Willson Street as a two family residence,
and the construction of an emergency exit from the second floor.
No. Printed Name Signature Address Date
1.
2. Z fa b
3. Ck ' ' /a
4. vim. rJI u Aa (n S"a o vizso H IlL_
5. / /
6.` C. G
10 v
11 4A1 — 014 Z
12
13 23 1/ Sd b
14 S Ji �i.
15 a is a Zi l i/- .l • 4 / tc t p
16
-17 C ,, . t / �'�" C7 /
18 �y"1zc�
19
20 G
21 'Eocc 4-L-- -1\ - '.�r �' / -R d7Z 6
22
23 GLAI&-
24 e 2 _
25 C_ C 4 ✓ z3,Ci Ffrr3»n
26 o —
27 �✓ —L�
28 0
29s
30 hPle 3 a
F
5 thy-by) S�Yeo+
Tern, a�
TO U)hom 1 -4 M CDhc"--r,
lkk , nwzz� u.nci q-a-fjW,4-- (��l�c �a VjD+ �'la�ve any w
1 ssu e� uu ►'+n any rei10v&hon 5 Dr 12'l a,16I'lj
LU i I I FYI S r f
So )am M/I i 01D c� tL4,0 Fa�� t� h avrle
Mu Iii � Dome . �� �`c� VLav-e ars y
no ca-(-c Z
��AD
ONo,TA� Citp of �&a[Pm, Alas,5arbu2;ett!
®ffice of the Citp Council
eitp fall
'fit>nrme W`'
COUNCILLORS-AT-LARGE ROBERT K. MCCARTHY WARD COUNCILLORS
PRESIDENT
2010 2010
THOMAS H.FUREY CHERYL A.LAPOINTE ROBERT K.MCCARTHY
JOAN B.LOVELY CITY CLERK MICHAEL SOSNOWSKI
STEVEN A.PINTO JEAN M.PELLETIER
ARTHUR C.SARGENT III JERRY L. RYAN
JOHN H.RONAN
PAUL C.PREVEY
Robin Stein, Chair JOSEPH A.O'KEEFE, SR.
Zoning Board of Appeals March 17, 2010
120 Washington Street, Room 313
Salem, MA 01970
RE: Petition of Dionisio and Reinier Cabrera
12 Wilson Street
Dear Chairwoman Stein and Members of the Board:
Please accept this correspondence as my opposition to the Petition of Dionisio and
Reiner Cabrera seeking Variances from minimum side and rear yard setbacks, and minimum lot
area per dwelling unit, to allow for the conversion of the single-family house on the property
located at 12 Wilson Street, Salem, MA (Bl)to a two-family house, and to allow for the addition
of an emergency exit at the rear or the house.
By way of history, I was the Ward Three Councillor when the original owner petitioned
the ZBA to convert this property from a single-family home to a two-family home, after the
structure was moved from Boston Street to its current location. At that time, the neighborhood
was overwhelmingly opposed to this conversion and the petition was denied. Upon appeal to
the Appeals Court, the denial was upheld. It does not appear at this time that the current
petitioners can prove a legal hardship to.allow the conversion now, and several original
neighbors are still opposed.
Therefore, I remain opposed to the conversion of 12 Wilson Street from a single-family
to a two-family house.
Thank you for your attention in this regard.
Very truly yours,
�� �
J n B. Lovely
Councillor at Large
SALEM CITY HALL• 93 WASHINGTON STREET• SALEM, MA 01970-3592 •WWW,SALEM.COM