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51-53 WASHINGTON SQUARE - BUILDING INSPECTION 51-53 WASHINGTON SQUARE I _ F ,ti�oNU1T�,� CITY OF SALEM, MASSACHUSETTS TE q v BOARD OF APPEAL 7'1 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 0t970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL 2r,,!r� r'r nn :-�A I, MAYOR L _. �1 t13 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. "file 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: I. 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). ;. 'file 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 Bearing 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 he:uing, and after thorough review ufthe plans and petition submitted, makes the Hollowing findings: y ,f 7 I. 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 coning ordinance, as the proposed residential use would be less intense than the current commercial use, and sufficient parking is provided. 3. 'file applicant may vary the terms ofthe 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: I. 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: I. Petitioner shall conmply 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 exislin_, structure. 3 (i. A CCfllflcate 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 havingjurisdiction including, but not limited to the Planning Board. fP,N- _- Ia b ri'LL Ir Elizabeth Debski Salem Board of Appeals A('OPY OI' MIS DEC'IS ION IIAS BEEN FILED WITH TILE PLANNING BOARD AND'rBE C.'I'I'Y CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 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 Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed ilh the ESSC.0 South Registry of Deeds. City of Salem, Masa. ELECTRICAL DEPARTMENT 44 Lafayette Street PAUL M. TUTTLE ,CITY ELECTRICIAN DATE . �,-:�% .1 . . . . . . . . . . To: INSPECTOR OF BUILDINGS Salem, Mass. i ` Electrical Contractor - f (Signature of Applicant) ------------...... /%�xr. --EZ�_7..... -------------- --- ------...........-l----`}. ---------------- has signified their intention of performing the required electrical work, viz: removing and later replacing all electrical wires, fixtures, receptacles, etc., on outside of building located at: --ti. `= =-- -----? _t---- --- -- --- ----Street in conjunction with a wall siding installation to be made by: 1 .-) --- /ice;,/ _.-------Siding Contractor ................. ------- ------------ ............................... ISSUED BY:.:'_.?-777 .: -------------------------------------------------- This is a requirement, preliminary to the issuance of a permit for the sidewall installation by the Inspector of Buildings. ORIGINAL-SIDEWALL INSTALLER PINK COPY-BLDG. INSP. YELLOW COPY-ELEC. FILE CT';' C,= SAIEH. HA (fIty of "SttlPm, 70,1" OFFICE Q Poarb of cA3 eal ig99 ;AAR 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 Marchl7, 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 fad, 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 reliefs -- requested, subject to the following conditions: co J r o,= 1. Petitioner shall comply with all city and state statues, codes ordinances and „3 regulations. 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 '`J1 C'� /7'6:✓` cs e CSC 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 Spe' 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 bei 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 thio > owner of record or is recorded and noted on the owner's Certificate of Title. n M Board of Appeal ' my N D coNB(r F-PtE/C. O. COPY - - a ---- — -- �4� M CERTIFI TE OF OCCUPANCY CITY OF SALEM SALEM, MASSACHUSETTS 01970 Issued. 2� Permit p: 9- ��9�Mme Cit of Salem i3uildin Dept. APPLICANT ELLEN DIXEY DATE AUGUST 03 19 99 PERMIT NO. 459-1999 ADDRESS 51 WASHINGTON SQUARE NO (Noy )STREET) HOE CITY .E'jALE)1'�_-- ICONTR S LICENSE) STATE MA ZIP CODE 0197 0 TEL NO. 97a-7LFy _�Rcv PERMITTO ALTERATION NUMBER OF (_) sioav TWO OR MORE FAMILY (TYPE OF IMPgpyEMENT) NO (PROPOSED USE) DWELLING UNITS A7(LOCATION) 0051 WASHINGTON SQUARE NO Mo.) (srgEET). I ZONING DISTRICT Rc^ BerwEEN (CROSS STREET) AND SUBDIVISION (CROSS STREET) MAG 35 LOT 0076 BLOCK LOT SIZE 0006780 SQ FT BUILDING IS TO BE FT,WIDE BY FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE_— USE GROUP — —_ BASEMENT WALLS OR FOUNDATION REMARKS: ALTERATIONS PER FLANS SUBMITTED. P. s. TYPE)_ AREA OR VOLUME (CUBICISOUARE FEET) ESTIMATED COST$_ 1_7.m0PERMIT c ' OWNER DIXEY ELLEN FEE $ ADDRESS 51 WgSHINGTON SQ NO BUILDING DEPT. ► THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDE ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. ._..,..._..�.,.-r",• �•••••"�•n „",n- "^^"rnr WMFRF 4PPUCABLE SEPARATE as AH sag Ctv of "�ttlem, AnSISUC jUSMOILEJ 19UBCb of �ppeal CITY CLERK.SALEM. MASS. bIMIM " DECISION ON THE PETITION OF ARVINDER S. BAHAL FOR A VARIANCE AT 51 - 53 WASHINGTON SQUARE, NORTH (R-2) A hearing on this petition was held on July 20, 1988 and continued to August 10, 1988 with the following Board Members present: James M. Fleming, Chairman; Messrs. Bencal, Luzinski, Nutting and Strout. Notice of the original hearing was sent to abutters and others, and notices of the original hearing were properly published in the Salem Evening News in accordance with the provisions of Massachusetts General Laws Chapter 40A. The petitioner, represented by Attorney Phillip Strane, is seeking a Variance to convert a two (2) family dwelling into a three (3) family dwelling. The property is located in an R-2 Zone. 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 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 evidence presented, and after viewing the plans makes the following findings of fact: 1. The existing building was originally two (2) separate buildings that were merged into one building. 2. The existing building, having approximately 6000 square feet of living space, is too large to continue to be utilized as a two (2) family. 3. In order for the building to be restored historically to what it was meant to be, it must be utilized as a three (3) family in order to re-coup the necessary expenditures of money. 4. The petitioner can provide adequate off-street parking. 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 this property and not the district generally. 2. Literal enforcement of the Ordinance would involve substantial DECISION ON THE PETITION OF ARVINDER S. BANAL FOR A -VARIANCE AT 51 - 53 WASHINGTON SQUARE, NORTH, SALEM w PAGE TWO hardship to the petitioner; 3. The relief requested can be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Nutting opposed) to grant the relief requested in the petition, subject to the following conditions: 1. The petitioner provide six (6) off street parking spaces which conform to the requirements of the Salem Zoning Ordinance, as per the amended Parking plan submitted to the Board of Appeal. 2. The property is to remain owner occupied at all times. If the property is not owner-occupied, the Variance is null and void. 3. All renovztion of the property is to be done under the terms of a building permit to be issued by the Building Inspector and be in conformity with all city and state building codes. 4. Egress from the parking area on the property be onto Pleasant Street Avenue only. 5. Appropriate landscaping be placed on all sides of the locus. 6. All exterior doorways be in harmony with the historical natTi-e of the existing neighborhood. 7. No exterior additions be added to the property without Board of Appeal approval. 8. All the requirements of the Salem Fire Department relative to Fire Safety, be adhered to. 9. All unnecessary pavement on the locus be removed and that area be landscaped appropriately. 10. All present unsightly arears, including the area over the back door, be rehabilitated. 11. The petitioner agrees not to seek any increase in density at the locus. VARIANCE GRANTED j s M. Fl g, Esq. d Chairman, Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO11'THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 CP THE NAbl GENERAL LA9:S. CHwP1LR EC'. A.'!D SHALL BE FILED ZC DAYS AFTER THE CATE CF EiLLN'S DF T=.i?S SE:` D% I:. THE C'FIC- OE THE CITY Ci EFK situ of �zlEm, �� tttl�usQ##g aA •- w A' r K ?Publir Propgrtg Uppartment '%s ,�. .: `'�•�? �lttl�ti2i$ �E�IIIrtmeitt William H. Munroe . One Salem Green 745-0213 January 31 , 1986 Mr. Frederick Small P.O. Box 157 Topsfield, MA 01983 RE: 53 Washington Sq. North Attention: Mr. Thomas Mason Dear Sir: This letter will serve to confirm our conversation regarding the necessity of a second means of egree to the second floor apartment. Said second means of egress must be provided within ten .(10) days of receipt of this notice. Failure to comply with this notice will result in further action by this Department. If we can be of any assistance to you please contact us at the office of the Inspector of Buildings, One Salem Green, 745-0213. Sincerely, Maurice M. Martineau Assistant Building Inspector MMM:bms cc: Fire Dept. Health Dept. file 6.rON01 A,��i CO of 6atem, Angarbugettg �v Public Propertp Department �3uilbing Department One balem green 745-9595 (Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 6, 1988 Mr. Howard V. Cronin 197 Essex St . , Suite 204 Lynn,MA. 01902 RE: 51-53 Washington Sq. , No. Salem,MA. Dear Mr. Cronin, This office has received complaints of Zoning Violation of the above referenced property, Salem Zoning Ordinance Sect . V Para 2.B (copy enclosed) . You have seven (7) days from receipt of this letter to discontinue said Violation or to apply to the Board of Appeals to allow this use to be allowed. Failure to comply with this order subjects you to fines of One Hundred $ 100.00 a day for each Violation, for each day Violation continues. Sincerely, ames D. Santo Assistant Building Inspector JDS/eaf C.C. City Solicitor Ward Councillor enc: ( 1 ) �.coNM' aimm CITY OF SALEM HEALTH DEPARTMENT Nn BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 May 26, 1988 Arvi Bahal 127 North Street Salem MA 01970 Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Cade, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property at 53 Washington Sq. N.' Apt. 2 Salem, Massachusetts, occupied by Mr. & Mrs. Hobson This inspection was conducted byV. Moustakis/Tenant/H.V. Cronin Salem Health Department, on 5/17/88 at 10:00 a.m. Based upon said inspection, you are hereby odered to take the following action within 24 hours of receipt of this order: Smoke detectors must be operable at all times - Possible disconnecting of detectors by workmen. 2nd means of egress (back) has been blocked - Stairway ends about 3-4 feet from ground. Per conversation with Building Inspector Jim Santos, owner was told to keep both means of egress free and clear for use at all times. No lock to cellar door - Tenant states access is available to her premises because of it. All doors mu3t be provided with operating locks at all times. Based upon said inspection, you are hereby ordered to take the following action within 3 days of receipt of this order: Provide an exterior light at front stairway. Based upon said inspection, you are hereby ordered to take the following action within 5 days of receipt of this order: Investigate and repair the stained Kitchen ceiling. Page 1 SALEM HEALTH DEPARTMENT May 26, 1988 page 9 North Street Salem, MA 01970 fcnant (s)Mr. _& Mrs. _Hobson . Property in Salem ac__ To: Arvi Bahal 53 Washington Sq. N. Aot_, 2 127 North Street Salem, MA 01970 NOTES: Sakel Mechanical Company, Peabody, MA. firm doing plumbing work in cellar. Owner Howard Cronin stated no advance oral or written notice needed to be given tenant regarding water shut off for what he constituted to be emergency situations. Contact Sohn Leclerc, Plumbing Inspector for City of Salem. Tenant has items stored in basement. Owner did not at time of inspection indicate any concerns relative to water shut off or inconvenience to tenants of drinking water, bathing water or toilet facilities. ONE OR MORE -OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given an opportunity to' be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant' inspection or investigation reports, orders and other documentary information In the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined In the enclosed inspection report form. FOR THE BOARD OF HEALTH REPLY TO ROBERT E. BLENKHORN, C.H.O. V. MOUSTAKIS, Health Agent SANITARIAN Certified Mail Q P-942-292-290 enc. Inspection Report cc: Tenant& x Bld Ine a H. C rte 204 1$7 Essex St. , Lynn, MA 01901 g, p €�gr _ le�Eg`�cai nepecto� x lum fgg 6 Gas Inspector x Fire Dept. x City Councilor — Este es un documento legal importante• Puede que afecte sus derechos. 1135 AN 089 Ctg of ttlem, ttssttclfuse##s(�E� � g Puxrb of '4vral CITY CLERK. SALEM MASS. DECISION ON THE PETITION OF ARVINDER S. BANAL FOR A VARIANCE AT 51 - 53 VaSHINGTON SQUARE, NORTH (R-2) A hearing on this petition was held on July 20, 1988 and continued to August 10, 1988 with the following Board Members present: James M. Fleming, Chairman; Messrs. Bencal, Luzinski, Nutting and Strout. Notice of the original hearing was sent to abutters and others, and notices of the original hearing were properly published in the Salem Evening News in accordance with the provisions of Massachusetts General Laws Chapter 40A. The petitioner, represented by Attorney Phillip Strome, is seeking a Variance to convert a two (2) family dwelling into a three (3) family dwelling. The property is located in an R-2 Zone. 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 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 evidence presented, and after viewing the plans makes the following findings of fact: 1. The existing building was originally two (2) separate buildings that were merged into one building. 2. The existing building, having approximately 6000 square feet of living space, is too large to continue to be utilized as a two (2) family. 3. In order for the building to be restored historically to what it was meant to be, it must be utilized as a three (3) family in order to re-coup the necessary expenditures of money. 4. The petitioner can provide adequate off-street parking. 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 this property and not the district generally. 2. Literal enforcement of the Ordinance would involve substantial DECISION ON THE PETITION OF ARVINDER S. BANAL FOR A VARIANCE AT 51 - 53 WASHINGON SQUARE, NORTH, SALEM PAGE 7WO hardship to the petitioner; 3. The relief requested can be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Nutting opposed) to grant the relief requested in the petition, subject to the following conditions: 1. The petitioner provide six (6) off street parking spaces which conform to the requirements of the Salem Zoning Ordinance, as per the amended parking plan submitted to the Board of Appeal. 2. The property is to remain owner occupied at all times. If the property is not owner-occupied, the variance is null and void. 3. All renovztion of the property is to be done under the terms of a building permit to be issued by the Building Inspector and be in conformity with all city and state building codes. 4. Egress from the parking area on the property be onto Pleasant Street Avenue only. 5. Appropriate landscaping be placed on all sides of the locus. 6. All exterior doorways be in harmony with the historical natir-e of the existing neighborhood. 7. No exterior additions be added to the property without Board of Appeal approval. 8. All the requirements of the Salem Fire Department relative to Fire Safety, be adhered to. 9. All unnecessary pavement on the locus be removed and that area be landscaped appropriately. 10. All present unsightly arears, including the area over the back door, be rehabilitated. 11. The petitioner agrees not to seek any increase in density at the locus. VARIANCE GRA= 4 s M. F1 ng, Esq. 'Chairman, Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FRO.'•`. THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GENERAL L4ViS, CHr.PIER E02, A-ID SHALL B7 FILED CII-HIN 20 DAYS AFTER THE CATE OF Fii!NG OF T4i1S DEC''.`.:'.X( 1.'J THE CFFT` DF THE CITY CLEFK. P-607 165 818 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) 4 Sent to Howard V. Cronin M 1^ Street and No. 0 197 Essex St. 11. P.O.,State and ynn SMA. 0 1902 jPostage L 5 Cenilied Fee 2.00 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing 10 whom and Date Delivered N a Return Receipt showing to whom. Date,and Address of Delivery ra TOTAL Postage and Fees S 2.0( Postmark or Date E 0 LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) i 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand It to your rural carrier. i (no extra charge) i 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. I ' 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. i 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee.endorse RESTRICTED DELIVERY on the front of the article. I ' 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item i of Form 3811. I - ; 6. Save this receipt and present it if you make inquiry. =`:irl a�y'Cow Ctv of *ttivnl, fflttssar4usdts �A Vublic VropertV Department s 'JACo�Hne��l4~ ittift)iiit; Department (Pur -*afrm 6rern 7.15-11213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. May 17, 1988 Mr. Howard V. Cronin 197 Essex Street, Suite 204 Lynn, MA. 01902 RE: r51-53 Washington Sq. ,N� O Dear Mr. Cronin, This office has received complaints of Zoning Violations of the above referenced property, Salem Zoing Ordinance Sect. V Para 2.B (copy enclosed) . You have seven (7) days from receipt of this letter to discontinue said Violation or to apply to the Board of Appeals to allow this use to be allowed. Failure to comply with this order subjects you to fines of One Hundred $ 100.00 a day for each violation, for each day Violation continues. Sincerely, James D. Santo Assistant Building Inspector JDS/eaf C.C. City Solicitor Ward Councillor enc: ( 1)