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DECISION ON THE PETITION OF CHARLOTTE S. CLEMENS FOR A SPECIAL PERMIT AND E
VARIANCES FOR 98 ESSEX ST. , (R-2)
A hearing on this petition was held on October 24 , 1984 with the following
Board members present; James Hacker, Chairman; Scott Charnas , Secretary;
Edward Luzinski , Robert Gauthier and Associate member, Richard A. Bencal .
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 40 A.
The petitioner has requested a Special Permit and a Variance to continue
the original decision granted February 18, 1981 for 98 Essex St. (R-2)
to convert a single family home to a Tourist Home with four guest rooms .
The property is in. an R-2 Zoning District which allows tourist homes by
Special Permit. The Special Permit which has been requested may therefore
be granted upon a finding by the Board of Appeal that the grant of the
Special Permit will promote the health, safety, convenience and welfare
of the City's inhabitants.
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 Vill 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.
In addition, the petitioner has requested a variance from parking requirements
for a Tourist Home.
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
Bq �n
DECISION ON THE PETITION OF CHARLOTTE S. CLEMENS FOR A SPECIAL PEkM43 AND
VARIANCE FOR 98 ESEX ST. (R-2)
PAGE TWO
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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 or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeals , after considering the evidence presented at the hearing ,
makes the following findings of fact:
1 . There was no opposition to the proposed use by any abutters or neighbors.
2. The petition currently has, as a matter of right, the ability to use the .
property in question as a two-family home.
3. The Petitioner will , in connection with the grant of the requested Special
Permit and variance lose the right to use this property as a two-
family home while this Special Permit remains in effect.
L. The property in question is unique because of the configuration and
size of the property and its location in a Historic District. Any
alteration of the site to accommodate parking would have a negative
aesthetic impact on the surrounding area.
On the basis of the above findings of fact and on the evidence presented at
the public hearing, the Board of Appeal voted unanimously 5-0 to grant the
Special Permit subject to the following conditions.
1 . The property shall remain a single family residence while this Special
Permit remains in effect.
2. The property may also be used as a Tourist Home with no more than four (4)
guest rooms.
3. There will be no site or facade alterations at the property without the
prior approval of the Salem Historical Commission.
4. Any sign at the property shall comply with all applicable city
ordinances.
5. There will be no kitchen facilities in any of the guest rooms.
6. Petitioner must upgrade the present fire alarm system to the re-
quired configuration as set forth by the Salem Fire Department.
7. Petitioner must obtain a Certificate of Occupancy.
In addition, because of the uniqueness of this property in question and the
special hardship which would result to the Petitioner if the site were altered
DECISION ON THE PETITION OF CHARLOTTE S. CLEMENS FOR A SPECIAL PE64 SpND
VARIANCE FOR 9E ESSEX ST. (R-2)
PAGE THREE
c
to accomodate parking , the Board also voted unanimously In favor of a
Variance from the parking requirements of the Salem Toning Ordinance.
Richard A. Bencal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FR2" T-:S D "i •' SHA�L CE r r o• . T T3 .. ': .7 _
GENERAL .,E r . .. .: Z GAYS A: r :.i...,
OF THIS DECISION IN THE DFF;_E ::F TF:E CITY CLE;:(.
PURSAI! T' !:'•ASS. C . ER'.L L'o' -� -i"s F. F C .:r: 11, iH- °
GRANTED HEREIN, SHALL NOT TSP; Eh JT UiiT L A CLFY `.( I ..
FICATiON OF THE CITY CLER': THAT & CAIS Ni
OR THAT, IF SUCH AN APPEAL HAS SEEN FILE. TYPJ IT H.',S E- :! DiYaSSLD iC
RECORDED IN THE SOUTH ESSEX P,ELISTR'i OF LEEDS A' D INDEXED L"!=:ER THE I:AL:E sur r'H'>'
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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'81 FER 26 PI2 :02
FEBRUARY 18, 1981 CITY CL c '3FFiCE
DECISION ON THE PETITION OF CHARLOTTE S. POST FOR A VARILNCE AND SPECIAL PERMIT
FOR 98 ESSEX STREET.
A hearing on this petition was held on February 18,1981 with the following
Board Members present: Dougglas Hopper, Chairman; Messrs. Piemonte, LaBrecque,
Feeherry and Hacker. Notice of the hearing was published in the Salem Evening
News on February 4, 1981 and February 11, 1981, in accordance with Massachusetts
General Laws, .Chapter 40A.
The Petitioner has requested a Special Permit to convert an existing single
family home at 98 Essex Street to a Tourist Home with four guest rooms. The
property is in an R-2 Zoning District which allows tourist homes by Special Permit.
The Special Permit which has been requested may therefore be granted upon a finding
by the Board of Appeals, that the grant of the Special Permit will promote the
health, safety, convenience and welfare of the City's inhabitants.
In addition, Petitioner has requested a variance from parking requirements
for a Tourist Home. -
The Board of Appeals, after considering the evidence presented at the hearing,
and after viewing the property, makes the following findings of fact:
1. There was no opposition to the proposed use by any abutters or neighbors.
2. The Petition currently has, as a matter of right, the ability to use the
property in question as a two-family home.,
3. The Petitioner will, in connection with the grant of the requested Special
Permit and variance lose the right to use this property as a two-family
home while this Special Permit remains in effect.
4. The property in question is unique because of the configuration and size of
the property and its location in a Historic District. Any alteration of
the site to accommodate parking would have a negative aesthetic impact
on the surrounding area.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeals concludes unanimously that the proposed use of
the property as a Tourist Home will promote the health, safety, _convenience, and
welfare of the City's inhabitants and that the proposed use is in harmony with the
Zoning Ordinance. Accordingly, the Board votes in favor of granting a Special Permit
to the Petitioners.
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Pinarb of AppealPAGE TWO - DECISION. - FEBRUARY 18, 1981 - 98 ESSEX STREET
A Special Permit is therefore granted in accordance with the following terms
and conditions:
1. The property shall remain a single-family residence while this Special
Permit remains in effect.
2. The property may also be used as a Tourist Home with no more than four (4)
guest rooms.
3. There will be no site or facade alterations at the property without the
prior approval of the Salem Historical Commission. . ,
4. Any sign at the property shall comply with all applicable city ordinances.
5. There will be no kitchen facilities in any of the guest rooms.
6. This Special Permit shall remain in effect for three years from the effective
date of this decision. At the expiration of this Special Permit the Petitioner shall
be required to appear before this Board again for an extension of the Special Permit.
It is the intention of this Board to grant such further extension of this Special
Permit as is then requested unless there are substantial changes in the surrounding
area or other circumstances which require termination of this Special Permit.
In addition, because of the uniqueness of the property in question and the
special hardship which would result to the Petitioner if the site were altered to
accommodate parking, the Board also votes unanimously in favor of a variance from
the :parking requirements of the Salem Zoning Ordinance.
G,
Anthony M. ee erry, Secretar'�
APPEAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT To SECTIMN 17 OF THE MASS. -
. GENERAL LASTS, CHAPTER F.03, AND SHALL EE FILED 'I17LNN 20 DAYS AFTER THE DATE OF FILING -OF THIS DECISION 1:7 THE OFFICE OF THE Cirf CLERK.
PURSANT TO .PASS r ;,? i.F;�;, Cti: ''R -i(:. * TSc TAR!A`iCE'0' SPECIAL PERMIT
.-^RANTED HEREIN, SliALL NJ. T - s.,_..� LTk. A C:P', THE CERT- -
RCAT Ji! OF THE .,JJ H.A t d'PE:11. HAS EEuN FILED.
OR ;HAT, IF SU4'H ,; APPEAL IiAS FEE.'] 'r ' r2ISJ =D CR DENIED IS -
RECCRDED LY THE SOUTH ESSEY RE' ISTFY OF UEEJS .AND !:LDEXED UNDER THE NA;;1E OF THE OWNER - - -IF RECORD OR IS RECORDED AND NOTED ON THE.OWNER'S CERTIFICATE OF TITLE. - - - - -
BOARD OF APPEAL -
1
A COPY OF THIS DECISION, AND PLANS REFERRED TO HAS BEEN FILED WITH THE PLANNING BOARD
AND CITY CLERK,'