135 ESSEX STREET - BUILDING JACKET 135 Essex St.
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�oxmT CITY OF SALEM9 MASSACHUSETTS, ..
ver. M
BOARD OF APPEAL ICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF RUSSELL KIERMAN REQUESTING AN
ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 135 ESSEX STREET
A hearing on this petition was held on August 21, 2002 with the following Board
Members present: Nina Cohen, Chariman, Richard Dionne, Bonnie Belair and Joan
Boudreau. Notice of the hearing was sent to abutters and others and notices of the
hearing were published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting an Administrative Ruling for the review of the Planning Board site
plan conditions of the Peabody Essex Museum for the property located at 135 Essex
Street.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioner sought enforcement by the Building Commissioner of the Amended
Decision of Site Plan Review dated 10/13/01 (Amended Decision) for 135 Essex
Street pursuant to M.S.L. Ch. 40 A, Section 7 According to the petitioner, who is
represented by Nicholas J. Decoulos Esq., the Amended decision has not been
enforced by the Building Commissioner with respect to paragraph 16, which states:
The applicant shall provide free and clear access at all times as shown on the
approved plans to the parcel located at 135 Essex Street. The access shall be
maintained by the applicant and shall be maintained by the applicant and shall run
with the property, not the owner.
2. Petitioner states that at various times the applicant, which is the Peabody Essex
Museum, has not maintained free and clear access to petitioner's property.
3. The Peabody Essex Museum did not appear at the ZBA hearing, nor did it submit
any documents. The Building Commissioner, Mr. Tom St. Pierre was represented at
the hearing by John Keenan, Esq., City Solicitor for the City of Salem.
4. Mr. Keenan stated that Mr. St. Pierre has at all times made reasonable efforts to
enforce the provisions of the Amended Decision. Mr. St. Pierre states that the
applicant is currently constructing a new addition to the gallery space an on occasion
during the construction process a construction or delivery vehicle has blocked
access to Mr. Kiernan's property. Mr. Keenan submitted a letter to the petitioner
from Mr. St. Pierre dated June 7, 2002, which states, " I feel that the Museum,
through the contactor Turner, has made a good faith effort to comply with the
Planning Board's site plan condition."
DECISION OF THE PETITION OF JOHN KIERNAN FOR AN ADMINISTRATIVE
RULING FOR THE PROPERTY LOCATED AT 135 ESSEX STREET
page two
5. Mr. Keenan further commented that it was his understanding that the Amended
Decision was intended to effect conditions during construction of the new addition.
6. Mr. George Ahmed of Salem spoke at the hearing on behalf of the petitioner. Mr.
Ahmed stated that, in future, the Museum could allocate security personnel to limit
public access to Mr. Kierman;s property during Museum events. Mr. Stephen Harris
of Salem noted that a security fence across the petitioner's driveway is shown on the
approved plans, although such a fence has not been erected as of this point on the
property.
Therefore, based on the fact and on evidence presented, Ms. Cohen made a motion for
the Board to support John Keenan's opinion and stand behind the Building Inspector
with regards to the Peabody Essex Museum with a vote of 4-0 to deny the petitioners
appeal.
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Nina Cohen
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 the
Massachusetts General Laws, 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 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
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
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""Y Y OF SALEM. MA
City of balem, �ag�arljugett5 OLEgh's OFFICE
;L'j Manning Noar0
®ne �talela (green 2001 SE° 12 AID. 44
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Amended Decision
CO
Site Plan Review
ESSEX SWb.REG D19T
ti JOHN? AVIEN,A.E(E0isYi3F116 S
September 6,2001
OATS j li !�J
Peabody Essex MusetnuClo RECENED�O'CLOCii1.
Serer Atty. Joseph Correnti BK I`7757 PG�
afini, Serafini, Darling, and Correnti, LLP,
63 Federal Street
Salem, MA 01970
RE: Peabody Essex Museum Expansion, East India Square(Essex Street and Charter Street)
Site Plan Review
On September 6, 200I, an amendment to the Site Plan Review Decision was presented at a
regularly scheduled meeting of the Planning Board of the City of Salem held on September 6,
2001, the Board voted by a vote of six (6)in favor,none(0)opp6sed, to approve the amendment
as complying with the requirements of Site Plan Review,
On Thursday, July 6, 2000, the Planning Board of the City of Salem opened a Public Hearing
regarding the application of the Peabody Essex Museum under site plan review for the
construction of an approximately 100,000 square foot addition to the main Museum building,as
well as a new public park and pedestrian esplanade. The addition will house exhibition galleries
with the existing Museum building. In addition, the plan also includes a 19'x' century Chincsc
House to be reconstructed on site and linked to new galleries. The plan shows the dctttoliuon of
the Empire Building and the acquisition of Liberty Street and the Empire Parking lot owned by
the City. The proposed construction is located at East India Square (Essex Street and Charter
Street).
The Public Hearing was Qontinued to Illy 20,2000; August 3. 2000: September 7,2000;
Septentber'21. 2000: October i, 2000: October 19. 2000 and closed on October 19. 2000. At a
rcgularl) scheduled meeting of the Planning Board held on October 19. 2000. the Buard, based
upon its review of the Memorandum of Understanding bLL%Veen the City of S:Ildn1 and the
applicant. as weil as the pians submined and evidence presented at the public heurings. voted by
a vote of seven (7) in favor. none (0) opposed. to approve the application as complying with the
rcyuircments ofthe site plan review, subject to the following conditions:
120 Uashtngcon Screec, -
Massachusetts 01970 (978) 745.9595 $Xt.31t Fax (978) 740.0404
September 6,2001 -2
I. Conformance with the Plan
Work shall conform with the set of plans entitled, "Site Plan—Peabody Essex Museum,
Salem, Massachusetts", sheets X10.00, C 10.00—C10.04, L10.00— L10.18, prepared by CID
Associates, Inc, dated March 24, 2000 and revised May 12,2000 and October 12,2000.
2. Amendments
Any amendments to the site plan shall be reviewed by the City Planner and if deemed
necessary by the City Planner,shall be brought to the Planning Board. Any waiver of
conditions contained within shall requir_a two-thirds vote of the Planning Board.
3. Landscaping
a. All landscaping shall be done in accordance with the approved set of plans.
b. Street trees shall be a minimum or 'A" caliper.
c. Maintenance of landscape vegetation shall be the responsibility of the developer,his
successors or assigns.
d. After such landscaping is completed,the developer will add farther landscaping if such is
requested by the Planning Board or the Ciry Planner.
4. Signage
a. Proposed signage shall be reviewed and approved by the City Planner and the Sign
Review Committee.
5. Lighting
a. Lighting shall be installed as shown on the approved pian.
b. No light shall cast a glare onto adjacent parcels or adjacent rights of way.
c. A final lighting plan shall be submitted to the City Planner for review and approval prior
to the issuance of a building permit.
e. After installation, lighting shall be reviewed by the City Planner, prior to the issuance of
a Certificate of Occupancy.
6. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. Amended Hours -No work shall commence before 7:30 AM on weekdays and
Saturdays. No work shall continue beyond 5:00 PM. There shall be no work conducted on
Sundays or holidays. Inside work of a quiet nature may be permitted at other times.
b. All reasonable action shall be taken to minimize the negative effects of construction on
abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to
commencement of construction of the project.
September G,2001 • 7
c. Drilling and blasting shall be limited to Monday-Friday between 9:00 AM until S:oo PM.
TTIMC shall be no drilling or blasting on Saturdays, Sundays, or holidays. Blasting shall be
undertaken in accordance with all local and state regulations,
d. All construction vehicles shall be cleaned prior to leaving the site so that they do not
leave dirt and/or debris on surrounding roadways as they leave the site.
e. All construction shall be performed in accordance with the Rules and Regulations of the
Planning Board, and in accordance with any and all rules, regulations and ordinances of the
City of Salem.
f. All construction shall take place in accordance with the construction management plan
titled,"Traffic Managcmem Plan, Peabody Essex Museum Expansion Project. Salem,
Massachusetts"and dated August 11,2000.
7. Clerk or the Works
A Clerk of the Works shall be provided by the City, at the applicant, his successors or
assigns' expense, as is deemed necessary by the City planner.
S. Board of Health
All Board of Health requirements shall be strictly adhered to.
9. Fire Department
All work shall comply with the requirements of the Salem Fire Department.
10. Building Inspector
All work shall comply with the requirements of the Salem Building Inspector.
I1. Salem Redevelopment Authority
All requirements as set forth by both the Salem Redevelopment Authority and its Committee,
the Design Review Beard, shall be strictly adhered to.
12. Maintenance
a. Refuse removal, ground maintenance and snow removal shall be the responsibility of the
developer, his successors or assigns.
b. Winter snow in excess of snow storage areas on the site shall be removed off site.
C. Maintenance of all landscaping shall be the responsibility of the applicant, his successors
or assigns. The applicant, his successors or assigns,shall guarantee all trees and shrubs for a
two-(2) year period.
d. T11e applicant shall provide the City, when needed, with the type of bricks proposed to be
utilized on Essex Street and Charter Sirect for maintenance purposes.
September 6,2001 -4
13. Traffic
a. The applicant shall be responsible for preparing design plans and all construction costs
associated with the implementation of the new design for implementing a two way street
pattern an Essex Street between its intersections of Hawthorne Boulevard and Liberty Street
as shown on the Essex Street two way plan dated August 30,2000. The improvements
associated with creating two way traffic on Essex Street include providing a minimum of two
eleven foot wide travel lanes, limited on street parking on the south side of the street, and a
functional traffic signal at the intersection of Hawthorne Boulevard and Essex Street.
b. The applicant shall fully support the City in its application to the City Council for
approval of a two-way traffic flow on Essex Street between its intersections of Hawthome
Boulevard and Liberty Street.
14. Signa-c Program
The applicant shall fully financially support, with the utiti2atiott of their consultant, the
development of a comprehensive downtown signage program. The applicant's consultant
shall develop the sign program under the direction of the City Planner. The sign program
shall include recommendations as to location and type of signage to be provided in the
downtown area to direct visitors to the City's downtown,waterfront, parking, addattractions.
Prior to implementation, the sign program shall be approved by the City Planner, The City
will be responsible for the construction and erection of ttte signage.
15. Pedestrian Acetas
a. The applicant shall provide a public garden with continuous and open pedestrian access
between Essex Street and Charter Street, as shown on the plans submitted herewith,as a
condition of this decision. The pedestrian access shall be open to the public 24 hours a day, 7
days a week, 365 days a year. The applicant shall maintain the walkways and keep them free
from debris and the access shall be adequately lighted at all times by the Museum.
The applicant shall not substantially change, alter,restrict or amend the pedestrian access as
shown on the plans unless and until such changes, atter atiens, restrictions or amendments are
first approved by a two thirds majority of the planning Board members after public notice
and meeting. Any such proposed changes must demonstrate that unrestricted pedestrian
access shall be maintained.
b. Upon tic completion of construction, the applicant shall maintain free, interior pedestrian
access between Essex Street and Charter Street through the main entrance of the Museum
during Museum open hours until December 30, 2003.
16. 135 Essex Street
The applicant shall provide free and clear access at all times as shown on the approved plans
to the parcel located at 135 Essex Street. The access way shall be maintained by the
applicant and shall tun with the property, not cite owner.
17. Parkins
The applicant shall, as stated in the request for proposals dated January 8. 1998, shall
Sepwmber h 2001 _5
contribute funds to the City of Salem toward the construction of a new Church Street parking
structure or other equivalent downtown improvement.
I8.As-built Plaes
As-built plans, stamped by a Registered Professional Engineer,shall be submitted to the
Planning Department and Engineering Department prior to the issuance of the finat
Certificate of Occupancy,
19. Violations
Violations of any condition shall result in revocation of this permit by the Planning Board,
unless the violation of such condition is waived by a majority vote of the planning Board.
1 hereby certify that a copy of this decision and plans has beenfiled with the City Clerk and
copies arc at, file with the Planning Board. The Special Permit tale effect until a copy
t
shall not
of this decision bearing the certification of the City Clerk that twenty of t days have elapsed sial
no appeal has been filed or that if such appeal has been filed, and has been dismissed or
n
denied, is recorded in the Essex South Registry of Deeds and is indexed under the name of the
owner of record is recorded on the owner's Certificate of Title. The owner or applicant his
successors or assigns, shall pay the fee for recording or registering.
Walter Power, III
Chairman
OCT 5 2001
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135 Essex Street ���
fLs#Mt3♦ WT9EfIL£B4AD AIPPROYEI) BY THE
JOISPFCILiB P4WR TDA.PF.Ajfr 9EWG GRANTED
// CITY OF_SALEM
►�. D Ste/ \ Date
Is Property Loseted In !o atimn of
to FYMpic Yea No aai7d><aa
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Is Property laraled In
ft Carwtvelgrt AM? Yet_No
BWLDING PERMIT APPLICATION FOR:
Permit to:
(Ckcle whichever apply) Roof. Reroof, Instal Skfklg, Construct Deck. Shed, Pool.
RepaidReplsce. Olher:
PLEASE FILL OUT LEGIBLY&COMPLETELY TO AVOID DELAYS W PROCESSW1ti
TO THE INSPECTOR OF BUILDINGS:
The tinders gned hereby applies for a permit to build according to the following
s
Owners Name R I S S el k,'e- A n�
Address & Phone -s25vo
Architect's Name
Address & Phone j 1
Mechanics Name
Address & Phone S't E 1 c t (W 71 SS'd-1
Ttw k5�3 vit y MA O IT 74
Whet is w p xpoea of bWWktpl
Idlerw of hurdrg9 I3R ,,g-h 4-13 (oa k p a dwswq,lot how merry mmas4
wn bAorq comomt to km? lee 1 AeheeWs4 n O
EON"cm .2 �, 3 vd, pty uowre s N A stw uarw to
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uc. t o 3 S' Somawre of cant
SW= UNDER THE PENALTY
OF PERWRY
DESCRRIPTWN OF WORK TO BE DONE / ^ /J
4fv Cc. O /�� oGfl lfrl S�O� fi Or` eo..,1uf.;
MAIL PERMIT T0:
No. .
APPLICATION FOR
PERWT TO
LOCATION
PERMIT GRANTED
2.0
OVf D
iNSPECTO OF BUILDINGS
PUBLIC PROPERTY
DEPARTMENT
Ku MILEY Duscwl J
MAYM 120 WAUUN=W T.MMr•&U1x MAMAORskj-M 01970
T a:VW745.95%1 FAX 97/-7404M
APPLICATION FOR THE REPAIR RENOVATION, CONSTRUCTION,
_DEMOLITION, OR CHANGE OF USE OR OCCUPANCY, FOR ANY EXISTING
STRUCTURE OR BUILDING
i.0 SITE INFORMATION
Location Name: -'/C S Bui ling:
-- ---
-- - —--
Property sx—
property is located In a.Conservation Area YM Historic District Y/N
2.0 OWNERSHIP INFORMATION
2.1 Owner of Land 455 C
Name:
Address: "
/ 3 S_ 15cS
Telephone:
3.0 COMPLETE THIS SECTION FOR WORK IN EX18TltiIQ BUILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use New
Demolition Existing
Approximate year of Area per floor (sf) Renovated
construction or renovation
of existing building New
Eldd Description of Proposed Work:
1 ��3
--- - - --Mail Permit to:
What is the current use of the Building?
Material of Building? If dwelling, how many units?.—�
Will the Building Conform to Law? Asbestos?
Archltecfs Name .
Address and Phone )
MechanlWa Name
Address and Phone
Construction Supeniors s License S 0 Z/ 6 /7 HIC Registration 0
Estimated Cost o�fRT�aat Ste,�.�U Permit Fee Calculation
Permit Fes S_i,��- Estimated Cost X$71$1000 Residential
Estimated CoetX S11/S1000 Commercial
AnAdditional $5.00 Is added as an
Administrative charge-
Make sure that all fields are properly and legibly written to avoid delays in processing.
The undersigned does hereby apply for a Building Permit to build to the a v s
specifications. Signed under penalty of pedury X
Date
4
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