19 WASHINGTON SQ NO - ZBA 19 Washington Sq. No.
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Donald Turner, Jr.
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attra of C Au�te�l
DECISION ON THE PETITION OF DONALD TURNER OR. , FOR A
VARIANCE FOR 19 WASHINGTON SQUARE NORTH, SALEM
�-
A hearing on this petition was held on November 28, 1984 with the following
Board Members present: James Hacker, Chairman; Messrs. , Charnas,, Gauthier, -
Luzinski and Strout. Notice of the hearing was sent to abuttEqls 'end others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance to convert a single family dwelling into a
ten (10) room bed and breakfast tourist inn and a Variance from parking require-
ments in this R-2 district.
The Variance which has been requested may be granted upon a finding 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.cr- substantially derogating from the
intent of the district or the purposes of the Ordinance.
The Board of Appeal, after careful consideration of the evidence and after viewing
the plans, makes the following findings of fact:
1 . The Planning Board =s In favor of this petition;
[.
Sal�em Fire Depart-e^' is in favor of this pet"itiOn;
3. The neighborhood is in favor providing off street parkins be provided;
4 . It is an old building and could never be used as a two family structure
because of the lot size and the position of the building on the lot.
Size of the rooms make it uneconomical to use as a two family residence.
On the basis of the above findings of fact and on the evidence presented at tfe
hearing, the Board of Appeal concludes as follows:
1 .. Special conditions exist which especially affect the premises but which
do not affect the district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship on the petitioner;
3. The Variance can be granted without substantial detriment to the public
good and without substantially derogating from the intent and purpose
of the. Ordinance.
j.
DECISION ON TH,E PETITION OF DONALD TURNER JR. FOR
A VA.RIA14CE FOR 10 WASHINGTON SQUARE NORTH, SALEM
page two
Therefore, the Zoning Board of Appeal voted 5 - 0 to grant the Variance
requested provided that:
] . Two parking spaces be maintained' on Kimbal Court for loading
and unloading of suitcases for guests;
2. Buffer zone be created between the parking area and Kimbal Court and
appropriate shrubbery be planted;
3. 10 Parking spaces be maintained at the Off Street Parking Garage
on a year round basis;
4. Live in manager reside on the premises;
5. Nine rooms be available for rent;
. 6. Certificate of Occupancy and any other permits or licenses be
obtained by the petitioner.
VARIANCE GRANTED
,James B. Hacker, Chairman
A COPY,'OF T$IS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APFEAL fRD`.f. THIS DECISION, IF ANY. SH-LL BE 'B ADE PURS'7A.;T TO SEi'rR E A THE LFILIN
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OF RECORD DR IS RECORDED AND NOTED ON THE 0'i:IrER'S CERTIFlLA7E BOARTITLE.
Of APPEAL
` CITY OF SALEM
Zoning Board of Appeals
Upon the application of
Donald Turner, Jr. November 28 , 1984
To the Members of the Zoninq Board of Appeals :
This Memorandum is submitted to guide the Board in its deliberations
regarding the application as stated above.
The Applicant believes that the Board is confronted with an application
for a Special Permit under the provisions of Section V, III, (C) of the
Zoning By-Laws of the Citv of Salem. Under this section, a "Tourist Home"
is a use permitted by Special Permit.
Even though the newspapers, and the Applicant in his application, has
used the word "Inn" , the Applicant does not believe that his request is
for such a business occupation.
In order to make this determination we must look to the definitions
as set forth in the same Zoning By-Laws.
In Section II, Page 7 , definition No. 21, the Zoning By-Laws state as
follows: "HOTEL, MOTEL, OR INN" - a building containing rooms rented or
hired out, or designed to be rented or hired out, for sleeping purposes by
guests . A general kitchen, dining room, drug store, or newsstand intended
primarily for serving the buildings ' occupants and only incidentally the
public may be provided for in the building or in an accessory building. "
The same section on page 9, paragraph 39 , describes a Tourist Home
as follows : "a dwelling in which overnight accomodations are provided
or offered to transient guests for compensation. Such dwelling shall not
have more than six rooms for hire and the rooms shall not accomodate more
than two persons each. No meals shall be served to guests. "
- 2
It is the Position of the Applicant in this case that he seeks a
Special Permit for a Tourist Home , but is seeking a variance from the
definition to allow the use of nine (9) existing rooms for hire; and is
requesting a further variance to be allowed to serve a Continental Break-
fast to quests , in their room, as part of the charged price.
The Applicant believes that he does not fall under the category of
an "Inn" in that he does not intend to have a general kitchen to be used
for servicing dining facilities; he does not intend to have a dining room;
he does not intend to have a newsstand to service the guests of the building;
and he does not intend to provide any facilities to the public .
The Applicant seeks one further variance, a variance from the provisions
of Section VII (C) - the parking regulation. Because of the configuration
of the parcel of land involved, the Applicant will be able to out two
parking spaces on his property which will be designated solely for the use
of the quests in the unloading of luggage and passengers, and not for
overnight parking. The proposed Tourist Home is a few hundred feet from
the covered parking garage at East India Mall and it is the intention of
the Applicant to purchase booklets of parking stickers from the City of
Salem Parking Authority and to provide them at no cost to his overnight
guests. It is intended that all guest vehicles will be parked in the City
of Salem parking facility which will be an added source of income to the
Community.
The Applicant will be expending large sums of money to remodel and
furnish the premises in keeping with its period, and the neighborhood
involved. There are photographs of the building when first built at the
Essex Institute and it is the Applicant ' s intention to try to restore the
building to the condition it was at the time of the taking of these
pictures . Such restoration will greatly increase the value of the
3 -
building, and thus its tax base.
LEGAL QUESTIONS INVOLVED
It is the position of the Applicant that it is a Special Permit under
Section V, III (C) which is requested in view of the Zoning By-laws defi-
nitions and standards . Thus, the requested "Use" is permitted by exception,
and no variance is required therefore.
The three requested variances relate not to "Use" , but to matters
collateral to that "Use" .
In addressing the three .requested variances , as the Statutes of the
Commonwealth of Massachusetts require, the APnlicant speaks to them on
each required basis :
(1) HARDSHIP :
The building for which the Applicant requests a Special Permit,
exists . It has for in excess of one hundred years . It contains ten rooms .
One will be the permanent home for the resident manager. In order to
delete the excessive three rooms it would be necessary to chop them off;
or the alternative, to lock their doors and leave them to lie fallow. A
Tourist Home in this area is a use permitted by special exception. Seven
rooms could automatically be used in this manner. It does not make sense,
and is therefore a hardship relating to this Particular building, to
restrict it to this rather arbitrary number of rooms for hire.
The Proposed serving of a Continental Breakfast consisting of juice,
coffee or tea , and a sweet bun, on a tray, in the guests ' room is a far cry
from the definition of an Inn which speaks to a dining room, general
kitchen, and the concept of serving meals not only to quests, but to the
outside public .
i
4 -
The use of the public parking facility which is extremely close to
the building involved probably makes more sense than an enforcement of
the parking requirements of the zoning bylaw which would require black-
topping of any available area on the lot. Because of the size and
configuration of the lot, there is doubt that sufficient parking could be
obtained to provide for the use intended under the zoning by-law.
(2) IT WILL NOT DEROGATE FROM THE INTENT AND PURPOSES OF THE
ZONING BY-LAWS:
Since the Zoning By-Laws specifically allow a Tourist Home in this
area by Special Exception, there is no derogation.
(3) IT WILL NOT DETRACT FROM THE AMENITIES OF THE AREA:
The only change in the existing building will be to restore it
to what it was, and therefore enhance and add to the beauty of the area .
Other than restoration, there will be no addition to the existing building,
that will change what now exists .
CONCLUSION
The Applicant has met with the Building Inspector, the Fire Department,
and is prepared to make installation of the necessary bathrooms, fire
alarms, and fire escape facilities required.
For all of the reasons set forth above, the Applicant requests this
Special Permit under Section V, III, (C) ; and variances from Section II ,
paragraph 39 regarding the use of nine (9) rooms and the service of a
Continental Breakfast ; and a variance from Section VII, (C) , relative_ to
parking.
• - 5 -
Respectfully submitted,
Donald Turner, Jr . , Aoolicant
by his attorney,
Robert I. Kalis, Esquire
Tierney, Kalis , Adamopoulos & Lucas
133 Washington Street
Salem, Massachusetts 01970
(617) 741-0862
Dlovember 28 , 1984
I
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w'�f 4 _ ��lttnnin$ �uttrD
s�'�°�s�'c' fine �tt1em Green
November 23, 1984
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
RE: Petition of Donald Turner, Jr. for a Special Permit to convert a single family
dwelling into a 10-room "bed and breakfast" tourist inn and a Variance from parking
at 19 Washington Sq. N.
Dear Mr. Hacker:
The Planning Board wishes to be recorded as in favor of the granting of the
requested Special Permit and Variance to convert the single-family dwelling at 19
Washington Square N. to a 10-room "bed and breakfast" tourist inn.
As you are aware, the downtown area suffers severely from a lack of lodging
space. It is the Planning Board's opinion that the proposed use for this large single-
family dwelling adds much-needed overnight accomodation space to the downtown,
would bring more people into the City to support its downtown, would allow more
people to stay overnight and take advantage of our cultural and educational
resources, and would enhance our downtown economy.
The absence of adequate on-site parking, though, is obviously a concern. As a
result, the Planning Board would respectfully suggest that the Board of Appeal
grant the Special Permit and Variance conditional upon the purchase, by the owner,
of ten stickers for the nearby parking garage for use by the patrons of the inn.
Thank you for the opportunity to comment upon this petition.
Sincerely yours,
Walter B. Power, III
Chairman
dey
e Q111i#u of *alem, 4aflear ruse#ts
U .C �u`� iredepartmeutett�yuariers
48 `�ittfagette Strret
ROBERT J. CROWLEY
A/Chief Aalem, Pa. 01970
Date: NnVPMhPr 28 1984
City of Salem Re: 19 Washington Square North
Board of Appeal Donald Turner, Jr.
One Salem Green Hearing Date: 11/28/84
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 conditionally has no objection to the granting of a
Special Permit to convert a single family dwelling into a 10 room "bed and
breakfast" tourist inn.
I have made a complete tour of the building with Mr. Turner relative to the
installation of an automatic smoke and heat detection system. It will be
required that a licensed electrician submits:to the Salem Fire Prevention
Bureau for approval prior to starting the installation. If this property is
heated by oil it must also be updated according to the current codes.
Respectfully,
P"
Norman P. LaPointe
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105
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