51-53 WASHINGTON SQ NORTH - ZBA Nora-k
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CCU'.rggo CITY OF SALEM, MASSACHUSETTS
jy A- BOARD OF APPEAL
2� 120 WASHINGTON STREET, 3RD FLOOR
9 > SALEM, MASSACHUSETTS 01970
TELEPHONE 978-745-9595
7NE Uo� FAX: 978-740-9846
KIMBERLEY DRISCOLL ZT1 C"I C E8 A 11: 43
MAYOR
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December 28, 2010
Decision
City of Salem Zoning Board of Appeals
Petition of WILLIAM WHARFF, seeking a Special Permit to change one
nonconforming use to another, and a Variance from lot area per dwelling unit, in
order to convert a three-unit bed and breakfast to three individual dwelling units,
on the property located at 51-53 WASHINGTON SQUARE NORTH (R-2 Zoning
District).
A public hearing on the above Petition was opened on December 15, 2010 pursuant to
Mass General Law Ch. 40A, § 11. The hearing was closed on December 15, 2010 with
the following Zoning Board of Appeals members present: Robin Stein, Rebecca Curran,
Richard Dionne, Elizabeth Debski, James Tsitsinos (alternate), and Bonnie Belair
(alternate).
Petitioner seeks a Special Permit pursuant to Section 3.3.2, and a Variance pursuant to
Section 4.1.1, of the City of Salem Zoning Ordinances.
Statements of fact:
1. Attorney Scott Grover represented the petitioner at the hearing.
2. In a petition date-stamped October 27, 2010, petitioner requested a Special Permit
to change one nonconforming use (Bed and Breakfast) to another nonconforming
use (multifamily use).
3. The building at 51-53 Washington Square North currently consists of two
condominium units — one is a single-family residence, and the other is a three-unit
Bed and Breakfast.
4. Petitioner seeks to convert the Bed and Breakfast to a three-unit residence.
5. At the hearing on December 15, 2010, two residents spoke in support of the
proposal, saying the change in use would be positive for the neighborhood. No
one spoke in opposition.
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:
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1. Special conditions and circumstances exist affecting the parcel or building,
which do not generally affect other land or buildings in the same district;
and literal enforcement of the provisions of this ordinance would involve
substantial hardship, financial or otherwise, to the appellant; as the
building is very large for the lot on which it is situated.
2. Desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of the zoning ordinance, as the proposed residential use would be
less intense than the current commercial use, and sufficient parking is
provided.
3. The applicant may vary the tens of the Residential Two-Family Zoning
District to convert the Bed and Breakfast to a three-unit residence, which
is consistent with the intent and purpose of the City of Salem Zoning
Ordinance.
4. In permitting such change, the Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings 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. A Variance from lot area per dwelling unit is granted to allow the
conversion of a Bed and Breakfast to a three-unit residence.
2. A Special Permit is granted to convert one nonconforming use to another.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Stein,
Curran, Debski, Dionne and Belair) and none (0) opposed, to grant petitioner's requests
for a Special Permit and a Variance subject to the following terms, conditions, and
safeguards:
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
to and approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
3
6. A Certificate of Occupancy is to be obtained.
7. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
S. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
4,01
Elizabeth Debski
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
Chaptei 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 Pernut
granted hei em shall not take effect until a copy of the decision bearing the cel nficate of the City Clerk has
been tiled with the Essex South Registry of Deeds
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PREPARED BY / CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS
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PROFESSIONAL LAND SURVEYOR GATE
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ELLEN D/X£Y
(978) 774-9450 REVISED 08/28/02eo
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