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51-53 WASHINGTON SW NORTH - ZBA 51-53 WASHINGTON SQ. NORTH ELLEN DIBEY - -- C NJQ �n c 10 V c` J Legal Notice CITY OF SALEM BOARD OF APPEAL. 745-9595 EXT.381 srl Will hold a public hearing for all s persons interested in the petition sub. 'imitted by Ellen Dixey requesting a U6pecial Permit to allow use as a 30three (3)room.tourist home j 5property located at 51-53 Wash *cSquare, North R-2. Said hea:beheld Wednesday March 1�rht ::30 P.M., One Salem GreFloor.0Ninan' Ch- (3/3,10) c7 Y` +! SALEM. MA Tito of tt1Em, ttssttLlZusett�LE s GIFFicE varb of euI Iggq MAIR 18 P 2: 21 DECISION ON THE PETITION OF ELLEN DIXEY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 51-53 WASHINGTON SQUARE NORTH R-2 A hearing on this petition was held March17, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Michael Ward and Paul Valaskagis. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit in accordance with Paragraph 5-3©(3) of the Zoning Ordinance to allow the use of 51-53 Washington Square North as a three (3) room tourist home in association with the petitioner's residence. Sufficient parking as required by the zoning ordinance is provided on the parcel. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 0), 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of 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. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: DECISION ON THE PETITION OF ELLEN DIXEY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 51-53 WASHINGTON SQUARE NORTH R-2 page two 1. Attorney, George Atkins of Salem, represented the petitioner. 2. The petitioner has successfully operated a bed and breakfast establishment in Lynn and Mr. Atkins provided testimony to that by furnishing positive communications form former guests. He also provided photographs of before and after improvements at the Lynn bed and breakfast. 3. The petitioner provided letters in favor of the project from four residents of the immediate area and one from the director of the Salem Chamber of Commerce. 4. One letter of protest, submitted to the Board of Appeal, was from Ralph and Jeannette Countie-of 49 Washington Square North, immediate neighbors. 5. Neighbors appearing in support of the petition were Deborah D'Allesandro„ 35 Pleasant St, Campbell Seaman off 22 Beach St., who owns property at 34 Pleasant St. and Nancy May, of 18 Briggs, who described herself as having recently moved to the city. 6. Appearing in opposition to the petition were: Robert Jellison, 45 Horton St. who described himself as a part-owner of 45 Washington Square North with Gene Curtin of that address, Alicia Hart, of 47 Washington Square North and Ward 2 Councillor Regina Flynn, 62 Washington Square, who spoke of the petition hurting the neighborhood if granted. She stressed that the historic area was becoming too commercialized with a number of tourist homes, the Hawthorne Hotel, and a funeral home. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief --- requested, subject to the following conditions: co CD 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. ^.' rrri N D DECISION OF THE PETITION OF ELLEN DIXEY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 51-53 WASHINGTON SQUARE NORTH R-2 page three 2. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. 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 finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. A Certificate of Inspection shall be obtained. 9. Petitioner shall obtain proper street numbering from the City of Salem Assessors Office and shall display said number so as to be visible from the street. Special Permit Granted March 18, 1999 Ronald Harrison Board of Appeal 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Spee�al Permit granted herein shall not take effect until a copy of the decision, bearing the' -' certification of the City Clerk that the 20 days have elapsed and no appeal has beg filed, or that, if such appeal has been filed, that is has been dismissed or denied ism recorded in the South Essex Registry of Deeds and indexed under the name of theo owner of record or is recorded and noted on the owner's Certificate of Title. err Board of Appeal W m, .v D March 17, 1999 RE: The Red Maple Inn 210 Broadway, Lynn, MA 1. Letter— Lynn City Councillor 2. Letter— Lynn Abutter 3. Letter—Current Owner 4. Letter— Reservation Services 5. Photos of Improvements Citp of kpinn, _4Taozarbuatto 1pnn Citp Council City Council Office: 598-4000 EM.408 Chairman Residence: 592-2603 Public Works/Parks&Recreation Committee Business: 595-9589 Fax: 598-8892 is E-Mail: Lynnwardl®aol.com Mane _J. Seat Councillor,Ward One February 16, 1999 RE: Red Maple Inn (formerly 210 Broadway Lynn. MA) TO WHOM IT MAY CONCERN: It gives me great pleasure to write this letter on behalf of the Red Maple Inn. As the Ward Councillor, I found the Inn to be an excellent addition to the Ward. The Inn created a positive impact on the neighborhood and did not create additional traffic in the area. The owner provided private parking for its guests, and ran a fine establishment in the City of Lynn. I know that the Red Maple Inn will be an asset to the City of Salem. Sincerely, JaneF. Teal Councillor Ward One JFT/tcy 12 WENDY WAY • LYNN, MA 01904 a 210 Broadway Lynn. MA 01904 February 15, 1999 To Whom It May Concern: My husband and I are the current owners of the property formerly owned by Ellen and David Dixey, which they ran as The Red Maple Bed and Breakfast. We have had the unique experience of being both guests of the Bed and Breakfast and owners of the house. We stayed at The Red Maple when we were relocating to Massachusetts and thus had the opportunity of being the Dixeys' guests for over a month, a time period which afforded us ample opportunity to meet many other guests and to witness firsthand the gracious hospitality offered by the Dixeys. Consequently, when we became aware that this house was for sale.we did not hesitate to purchase it; and we have begun the preparations for opening our own inn here. Having traveled extensively, lodging at numerous Bed and Breakfasts, and staying with the Dixeys, in particular. for such a long time. I have been in an excellent position to see the types of people who are apt to go to a Bed and Breakfast. They are couples. young and old, in search of romance; parents traveling with their children who are naturally drawn to a family atmosphere; and business travelers who,at the end of a long day in an unfamiliar city, desire environs more personal than a large hotel can provide. In one way or another. it is the aspect of staving in someone's home that is attractive to the average Bed and Breakfast patron, and in turn, they are respectful of that privilege; the raucous tend to seek accommodation elsewhere. It is this knowledge which makes my husband and me willing to open our own home to travelers. In the two months since we have mored to this neighborhood. several neighbors have lent further credence to my own observations. No one has had an unkind word to say about any guests of The Red Maple during the two years that the Dixeys ran it here. In contrast, everyone with whom I have spoken has expressed a most favorable opinion of both the Dixeys and their Bed and Breakfast, since the Dixeys made significant improvements to the property. As a result, we have received support from our neighbors, who are happy that we will be maintaining the tradition of a Bed and Breakfast in this community; and we. in turn, are grateful to the Dixeys for the groundwork they have laid towards our future success here. We can only wish them as much success in their endeavor and express our confidence in their ability to be an asset to the Salem community. Sincerely, Michelle Burke Bed & Breakfast Reservations y f North Shore/Greater Boston/Cape Cod February I9,1999 To Whom It May Concern: We are writing this letter on behalf of Ellen and David Dixey, former owners of The Red Maple Bed&Breakfast in Lynn, Massachusetts. Our reservation service has been in business since 1985. We represent bed & breakfast accommodations only after an inspection visit to view the property and determine that all aspects of membership are met. We operate under a code of ethics and strict inspection standards through our Trade Association membership, Bed & Breakfast Reservation Services World Wide, Inc. As a reservation service, we must also visit every home we represent a few times each year. At such times, we make every effort to get to know the hosts a little better, while making sure the home still meets our rigorous guidelines for a Bed & Breakfast.In our Z year association with Ellen and David Dixey, we have not only found their home and grounds in beautiful condition, but have found the hosts themselves to be gracious and charming people, well-suited-to be the owners of a Bed&Breakfast Home. We have recommended many of our guests to The Red Maple, assured thatxhey would have a wonderful stay. In fact, we have received more positive feedback from the guests who have stayed with Ellen and David, than any of our other B&B Host Homes. This feedback usually comes back to us in the form of"We Care" cards. We have enclosed a sampling of these cards which, we have received from guests who have stayed at The Red Maple. While it is difficult to categorize people, the typical Bed &Breakfast guests is usually looking for a quiet and peaceful place to stay. They will leave mid-rooming for a full day of sightseeing and return after the dinner hour to retire for the evening. In our nearly 15 years of business, we have never had an instance where a guest was not considerate of their accommodations and the surrounding neighborhood. In summary, we feel that any neighborhood would be fortunate to have Ellen and David Dixey as members of their community. If you require further information,please give us a call. Sincerely, ( Suzanne Ross/Sheryl Felleman, Owners hn://www.bbreserve.com info ,bbreserve.com P.O. Box 35, Newtonville, MA 02160-0001 617-964-1606 9 800-832-2632 9 Fax: 617-332-8572 • • httgahttb:rnm Bed s4c Breakfast Reservations Dear Guest, S WE CARE! We take great pride in the B&Bs we represent and in our hosts'effort to provide an excep- tional accommodation for you that offers a touch of home. Please help us to maintain our high standards. Rate your experience on a 1-5 scale,where 5 is excellent.Following your North Shore/Greater Boston/Cape Cod stay,we hope you will complete and return this mailer with your comments/suggestions. Host Name (ne A �YQ1Sx �Red (t p (e, Room Comfort _Breakfast 5 Hospitality 5-+ P.O.Box 35,Newtonville,MA 02160 Location Cleanliness 'S Tel 617-964-1606 • Fax 617-332-8572 Co ents , K 'S W CLS 6 LA_e- r$ r , C GG VOi 3 T Thank you for using our reservation service. We look forward to assisting you with your next B&B reservations. Suzanne Ross£r Shen/l Felleman Bed & Breakfast Reservations Dear Guest, WE CARE! We take great pride in the B&Bs we represent and in our hosts'effort to provide an excep- tional accommodation for you that offers a touch of home.Please help us to maintain our high standards. Rate your experience on a 1-5 scale,where 5 is excellent.Following your North Shore/Greater Boston/Cape Cod stay,we hope you will complete and return mailer with your comments/suggestions. � i Host Name Room Comfort S� Breal � Hospitality 5 P.O.Box 35,Newtonville,MA 02160 Location moi` Cleanliness --- Tel Tel 617-964-1606 • Fax 617-332-8572 Comments Thank you for using our reservation service. We look forward to assisting you with your next B&B reservations. Suzanne Ross&Sheryl Felleman Dear Guest, ���V Bed & Breakfast Reservations , �0.1U5 PKW S�b WE CARE! 4 t�h ;� We take great pride in the s we represent and in our hosts'effort to provide an excep- tional accommodation for you that offers a touch of home.Please help us to maintain our high standards.Rate your experience on a 1-5 scale,where 5 is excellent.Following your North Shore/Greater Boston/Cape Cod stay,we hope you will complete and return this mailer with your comments/suggestions. - Host Name �1 t D Iis Room Comfort Breakfast Hospitality 19 P.O.Box 35,Newtonville,MA 02160 Location I eq Cleanliness 11) Tel 617-964-1606 • Fax 617-332-8572 Comments Thank you for using our reservation service. ( VS jffC vAtD AdV_W We look forward to assisting you with your next B&B'(1ni5 15 a g�ec� ma ( Fq meiS zanne Ross&Sheryl Felleman "All mom . Bed & Breakfast Reservations Dear Guest, WE CARE! We take great pride in the B&Bs we represent and in our hosts'effort to provide an excep- tional accommodation for you that offers a touch of home.Please help us to maintain our high kQe standards.Rate your experience on a 1-5 scale,where 5 is excellent.Following your North Shore/Greater Boston/Cape Cod stay,we hope you will complete and return this mailer with your comments/suggestions. Host Name Do-vi d J;�,t2,, Room Comfort 5- Breakfast St Hospitality Sr t♦ f P.O. Box 35,Newtonville,MA 02160 Location Cleanliness 5 f Tel 617-964-1606 • Fax 617-332-8572 Comments �V Q W&.rrw OS i Ane. WeN<r / Thank you for using our reservation service. We look fonuard to assisting you with your next B&B reserations. Suzanne Ross &Sheryl Felleman Bed & Breakfast Reservations Dear Guest, n WE CARE! jo, 41Irrl We take great pride in the B&Bs we represent and in our hosts'effort to provide an excep- tional accommodation for you that offers a touch of home.Please help us to maintain our high standards. Rate your experience on a 1-5 scale,where 5 is excellent.Following your North Shore/Greater Boston/Cape Cod stay,we hope you will corn lete d re this mailer with your comments/suggestions. Host Name f Room Comfort BreakfastHospitality S ' P.O.Box 35,Newtonville,MA 02160 Location 3 Cleanliness S Tel 617-964-1606 • Fax 617-332-8572 Comments `m Thank you for using our reservation service. Iv We look forward to assisting you with your next B&B reservations. Suzanne Ross&Sheryl Felleman Bed &. Breakfast Reservations Dear Guest, v WE CARE! We take great pride in the B&Bs we represent and in our hosts'effort to provide an excep- tional accommodation for you that offers a touch of home.Please help us to maintain our high standards.Rate your experience on a 1-5 scale,where 5 is excellent.Following your North Shore/Greater Boston/Cape Cod stay,we hope you will complete and return this mailer with your comments/suggestions.,9 Host Name E`FK cj /rE �o /`9.v. 6 . yw Room Comfort S Breakfast 5- Hospitality S*fi P.O.Box 35,Newtonville,MA 02160 . Location Cleanliness �7rt Tel 617-964-11606 • Fax 617-332-8572 Comments '-_ 4c-w.41,5 j*4 r6 A G 4.07"�E wr�fti /��� �c TP2Yr C �Tlre.F, �.Lg /%E.'F;a� r/ S. /` o OF u.Q /VA6(4,5�- S ev y1t.w E cu (.�q� Lrti.e/f �.�, �dCrdv r4v0 ii/.�2.v.Pe SGS i" Sr.fr /�`�4 J J1/AUC� /',.- =4c r_4 Thank youfor using our reservation service."- fkE /qcy/or ` /7,p^.& 11.13 I'S 04rS A40 Pi F�eRy�igy forward to assisting you with your next B&B reservat We lookions. 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Loner Harbor, New Ruvbelle, N.Y. r ` - " IHF 1'Y47 ii f I 1 #i iiV illi!# ..ii )1 Ri li posh AUTHORIZED BY ACT Cr 999 e o Q 00000. 47 6/-�.�s ,� l✓✓cam � S� G� Gn-e�/ S4 A�d ✓�%{�/j o/x g c=am y to w O % 2� p /JJ /{ �UL[q/JG TyIS 510E IS FOR THE-f'Illtllif�'1�11�11t1��1t t11"l'lll'Uf1Il'll f't 11" March 15, 1999 To: Zoning Board of Appeals From: Paul Carro 2 Parker Court1129 Bridge Street, Salem, MA As a property owner in the Salem Common neighborhood, I am excited to see that the Dixey family would like to open a guest house establishment at 51-53 Washington Square North. I have witnessed the elegant results of their previous guest house,The Red Maple, on Broadway in Lynn, MA. I feel that their presence in this capacity would be an asset to the neighborhood as well as the whole city, especially with the shortage of lodging as compared to the tourist base amassed in this city. FO1111 Salem Board of Appeals One Salem Green Salem, MA 01970 Members of the Board: As we cannot attend the board of appeals meeting on Wednesday, March 17th, please accept this letter in our place. Our names our Rebecca Antoine &Matthew Power we own a (2) Family property at 69 Essex street, one block off the common, and currently live in Salem. The purpose for this letter is to lend our snort and approval to the Tourist Home that Ellen &David Dixey are planning to start at 53 Washington Square North. We have known Ellen & 'Dixey' for (5) years, in business and personal relationships. Their last Tourist Home was spectacular. The renovations and improvements that they did were keeping with the integrity of the property and enhancing it to a wonderfully quaint and comfortable home for travelers. Knowing the work that they have done prior and Ellen's talent for creating a showpiece home we are strongly in favor of their new venture. How wonderful to have such a compliment and accent to our neighborhood. Salem is in need of overnight lodging facilities, and what better way to preserve the character of our city then by supplying unique, historical lodging; while keeping the integrity and charm of our neighborhoods. Ellen &Dixie will achieve this and we hope that the Appeals Board will agree. Sincerely, ecca toine Matthew Power 'k .. . &.11 SALEM CHAMBER of COMMERCE 32 Derby Square, Salem,MA 01970-3777.Telephone: 508.744.0004.Fax: 508.745.3855 March 17, 1999 Ms. Nina Cohen Chairperson Salem Zoning Board One Salem Green Salem, MA Dear Chairperson Cohen and Members of the Zoning Board of Appeals: I am pleased to write this letter to support Mr. & Mrs. David Dixey's application for a Special Permit for their property located 51-53 on Washington Square N. Mr. & Mrs. Dixey have been members of the Salem Chamber of Commerce for three years. During that period they operated the Red Maple Inn in Lynn, Massachusetts. I was familiar with their property both in terms of referring prospective customers, but also how they maintained their property in a visible neighborhood setting. In both instances they conducted their business in a most responsible manner. Salem has a shortage of accommodations for our many visitors. The proposed Inn on Washington Square will enhance the Citys opportunity to encourage our visitors to stay in Salem. Our hospitality businesses not only pays real estate taxes, but add to the financial value through room tax contributions. Thank you for your thoughtful consideration of this request. rely, ? 010 lle iGerommo Exe tive Director, Saleamber of Commerce Z OL ✓E� � r--- LOCUS P nzo w�h/TSK S���T e � 0 Z SALEM COMMONS Za 0 c T � �P7 p Y Z O LOCUS MAP 1 " = 300' ± REGISTRY OF DEEDS USE ONLY N0. 49 c �w � 'v v I I N 39c-00'-00 37.69 N 23m s5` 6? 808 AI \r— i i t� NO X51 f3 -r Cl d %vim �j rA EXLStIN6 � j WOOD FF�AME J Y � BU;ILDING � LOT AREA 6,965± S.F. w 0 c y o � + / %�� BST o\ N53, i / QW _ % �% comic . w Q Y - � V f- W N LLJj" o A\ IT QR� 41 S, a z T Azl PLAN OF LAND I CERTIFY THAT THE PROPERTY LINES SHOWN AND THE \ //�� /N LINES OF STREETS AND WAYS ARE THE LINES OF FUBLIC OR S/� L E/E���/ � /�'/�J�7. PRIVATE STREETS OR WAYS ALREADY IN EXISTENCE AND THAT NOTE NO NEW LINES FOR THE DIVISION OF OWNERSHIPS OR STREETS SCALE: OR WAYS ARE SHOWN.1 = lO ✓AN. 2I, 1999 I. DEED REFERENCE: " I CERTIFY THAT THE BUILDINGS SHOWN HEREON ARE NOT LOCATED BOOK /5365 PAGE 006 FREPA RED FOR WITHIN A FLOOD HAZARD ZONE AS DELINEATED ON THE MAP OF ELLEN DIXEY COMMUNITY NO. 250/02 SALEM, MASSACHUSETTS AS REVISED TO 2. ZONING DISTRICT 08 -05-85 BY AGENCIES OF THE FEDERAL INSURANCE ADMINISTRAT70N. R It RESIDENTIAL TWO FAMILY PREPARED BY l CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS COASTAL SURVEY OF THE REGISTRYOF DEEDS 3. LOCUS IS SHOWN AS LOT WADSWORTH VILLAGE - DANVERS BUILDING Y �J� a ' �99 ASSESSORS MAP 35 LOT 76 130 CENTRE ST. - DANVERS, MASSACHUSETTS PROFESSIONAL LAND SURVEYOR DATE 4, CURRENT OWNER ELLEN DIXEY (978) 774-9450 0 /0 _ 20 30 1