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59 LEACH STREET - DONALDSON, DAVID & PAULA - ZBA 59 Leach St. R-2 — - David & Paula Donaldson — l ' I Q3,- 60 L� 4 At CITY OF SALEM g FIRE DEPARTMENT HEADQUARTERS 48 LAFAYETTE STREET SALEM,MASSACHUSETTS 01970 SALEM FIRE PREVENTION BUREAU TELEPHONE 745-7777 r fin/ OHOURS• • 8-fl AA..M.M. & 1.2 P.M. � �" 1,�� _� i ._._ � � B Y I �`� +w. Oad07320 35 . 3��� �ioC, A it •��mull t 08407320..W6 F'u A.Mna!w 'y 08407220,36 _____ - A� �,� ,fi� r" Ipl# �• __ � ,. � 4 � �• �'� � � `. p � _ KODAK FSM KODAK all �� � ___i \Yii�• j oAt =' b Cgitu of ttiem, f ttsq&hUsetts a �cims� DECISION ON THE PETITION OF DAVID & PAULA DONALDSON FOR A SPECIAL PERMIT FOR 59 LEACH ST. , SALEM '85 SIAM 23 A r :5" A hearing on this petition was held January 9, 1985 with the following Board Members present: James Hacker, Chairman; Messrs. Charnas, Cl`uthieh; Lutinsv and Strout. Notice of the hearing was sent to abutters and otl;irs and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit to allow six unrelated persons to reside in a dwelling unit in this R-2 district. Petitioners are the owners of this property. 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 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 VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming 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 Board of Appeal, after hearing the evidence presented at the hearing presented at the hearing, makes the following findings of fact: 1 . In granting this permit the Board of Appeal would actually be granting a rooming/lodging house in a residential area; 2. There was vigorous neighborhood opposition; 3. There is not sufficient parking for rooming/loding house and this would exacerbate an already congested area. 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 . The relief requested creates a substantial detriment to the public good; DECISION ON THE PETITION OF DAVID & PAULA DONALD80N FOR A SPECIAL PERMIT FOR 59 LEACH ST. , SALEM page two 4, 2. The granting of the Special Permit requested would not promote the public health, safety, convenience and welfare of t1n C ,try's inhabitants; •�5 Ai LL 3. The relief requested would substantially derogate from -the"ihtentr of the district and purpose of the Ordinance. Therefore, the Zoning Board of Appeal by a vote of 5 - 0 unanimously voted against the granting of this request for a Special Permit. aures B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. APPEAL FtiD I THIS cEi;E;Cd:. r.`I. F:i.iL BE i:DiGE Nr.SUANT TO S'-TfOil 17 or T:iE i1A.SS. CEKERAL EA'.;E, CHAPT-;- SDC. AiiD S6::L EE F:'._u 'd,_:.,r' 20 DAYS A`-iER THE LATE Or r LIN OF THIS CH IN TL'E Ni: E OF THE Z;—I)' CLERf. F- -E .. ��_..- _ .-T_..._ ED FTR_ ;.. SH?.L I;. _ EFFE.7 L ..- A C T'.-" F... _ Oi ,H C'TY CLE,. .. z. _ ... ?,E -LIP-ED ,-° ' ..tJ. c. '.i';7. IF S-:'i APFz'.- F L'.i i Fi G_..EED C; THE Sd_iH ES:._?: F.E.iSTICi Ci i c_ .: A::,-, -._ ,. .JE LF THE C'i:.._ 0: RECORD OR IS RECORDED ASD NOTED O:. Tr E.0,;ITERS CERTIFICATE CF ii E. BOARD OF APPEAL i " 1CIT�W SALEM, WMAN�ff9 -M PLANNING DEPARTMENT JAN 8 8 17 AM 185 S 8 47 AM `85 GERARD KAVANAUGH RECEIVFO r`Z'. EC:EI`ED ONE SALEM GREEN CITY PLANNER CITY OF S1LE[CMASS_, p' T SALEP.,MIASS. 01970 (617) 744-4580 January 4, 1985 Mr. James Hacker, Chairman Zoning Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Hacker: As per your request, on January 3, 1985, in the company of Health Department Sanitarian Joseph Lubas, I inspected the property located at 59 Leach Street owned by petitioner's David and Paula Donaldson and made the following observations. The property is currently a two family dwelling with a large three car garage in the rear and presently occupied by four Salem State students on the first level and a family on the second. The condition of both the interior and exterior was quite good, with the only problems noted being a leak at the kitchen sink and the fact that the existing smoke detectors were not operable probably due to dead batteries. However, should the petitioner's request to your Board be granted the property will become, by Massachusetts General laws Definition, a lodging house, (see attachments) and fall into a different classification of code requirement, necessitating the following changes: 1. A plan must be submitted to, and approved by the Salem Fire Department indicating the location of the detection system. 2. Emergency lighting must be provided. 3. The exterior entrance door leading to the basement must be a one hour rated door. 4. The existing heating boilers must be enclosed in a one hour rated room, with make-up air provided or the entire basement ceiling must be one hour rated. 5. Many areas of the asbestos pipe insulation in the basement are in poor condition. These must be repaired or removed and disposed of as per Health Department Regulations. 6. A Lodging House license must be obtained from the Licensing Board. 7. A Certificate of Inspection must be obtained from the Inspector of Buildings. Respectfully suubbm�it ed, w GI � W . Munroe Code Inspector �i i ; 140 § 21F LICENSES ,i� Cross References Organizations to which this section Is not applicable, see section 21E of this chap- ter. LODGING HOUSES _ § i• I _ f 22. Definition "Lodging house", as used in sections twenty-two to thirty-one, inclusive, shall mean a house where lodgings are let to four or more persons not within the second degree of kindred to the person con- ducting it, and shall include fraternity houses and dormitories of edu- ,s Y r Y cational institutions, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed 7. under section seventy-one of chapter one hundred and eleven or rest . homes so licensed, or group residences licensed or regulated by agen- cies of the commonwealth. Amended by St.1960, c. 740; St.1965, c. 171; St.1973, c. 481. I =A >- Historical Note St.1918, c. 259, §1. St.1960, c. 740, approved Oct. 29, modi- St.1973, c. 481, approved .Tune 29, fled term '9odging house" to exclude 1973, modified the definition of "Lodging --='- S convalescent or nursing homes licensed house" by substituting "four" in lieu of — - - - - .. ' under c. 111, § i1, or rest homes so li• "five" or more persons, and by adding censed. the words "or group residences licensed or regulated by agencies of the common- ::` _ SC.1965, c. 171, approved March 18, wealth" at the end thereof. ` 1965, extended term 'lodging house" to include fraternity housW and dormito- ries of educational institutions. Cross References _ Automatically closing and locking doors in certain apartment houses, see c. 143, § 3R. Innholders' licenses, form of, see section 3 of this chapter. - Inspection of premises,see section 25 of this chapter. _ Reports to registrars of voters, required of innholders or keepers of lodging houses.. _ see c. 51, §10A. r _ Law Review Commentaries Regulation of buildings and facilities. Richard G. Huber, 6 Annual Survey of \fass.Law, BostonCollege, p. 124 (1959). : Library References Innkeepers CP3. C.J.S. Innkeepers §1 et seq. 41$ � r r r` LODGING HOUSES 140 § 23 Notes of Decisions - ` I. Definition - •'Y''t'1''"' "Lodging house" is house In which Term "lodging house" under zoning or- lodgings are let, especially a house other dinance implies degree of permanence in than an inn or motel. Selvetti v. Build- occupancy at least as distinguished from tel accom- ing Inspector of Revere (1968) 233 N.E. the transiency of hotel and mo x -� 2d 915, 353 Mass. 645, appeal after re- modations. Id._ mand 249 N.E.2d 744,356 Mass.720. - § 22A. Cooking facilities ' } Notwithstanding any provision of law or any regulation, ordi- nance or by-law to the contrary, a lodging house where lodgings are let to more than five but less then twenty persons may furnish indi- vidual cooking facilities for the preparation, serving, eating and stor- age of food; provided that no such facility shall be furnished in a H room having an area of less than one hundred fifty square feet. Such facilities shall, in a single room, consist of a gas or electric -a plate, a refrigerator and hot and cold running water and in a unit consisting of two adjoining rooms shall consist of a gas or electric h� range, a sink with hot and cold running water, a refrigerator and e storage area for food. Any facilities furnished under this section `•x Yc .r shall comply with the building code applicable thereto. This section I, shall apply only to cities and townr which accept its provisions. Added by St.1970, c. 859, § 1. 1 v 1 =e Historical Note St.1970, c. 859, § 1, was approved Aug. 31, 1970, and by section 2 made effective - Jan. 1, 1971. +; Library References w S. Innkeepers §8 et seq. Innkeepers €79. C.J. _ § 23. Term; fee Licensing authorities may grant licenses for lodging houses which shall be for the period provided in sectiobfour, and shall charge for each license such fee, not exceedig dollars, as the city council or selectmen may establish, otherwise the same shall be granted without charge. Amended by St.1952, c. 577. St 1471 c.�0 Historical Note St.1918,c.259,33 2,9. St.1921, c. 59. '1 1 A second sentence, which provided for cation of violations thereof,was stricken No,; the enforcement of certain sections by out by the 1952 amendment. the licensing authorities and for prose- �{1 419 ,i' � 1 ATTACHMENT TO 59 LEACH ST. BOARD OF APPEAL PERMIT REQUEST Approximate living square footage of each unit is as follows : Living room 170 Dining room 167 Kitchen 284 Bedroom 138 Bedroom 127 Bedroom 117 Bedroom 108 Total of 1333 plus bathroom(s) and hallways . There is a three-car garage plus additional parking for 3 or 4 more cars( see attached pictures ) . ,r 1. 1