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29 CONGRESS STREET - ZBA 2q Cov1����5 ����-t- - . -- , , , Zoning Board Proiect Status Sheet Address & Applicant: 29 C Y, a re S S Date Submitted to BOA: ZR, 7._o�s Klerk Stamp: y' z � z .Z.o S Variances Only - Constructive Approval Date: (too days from filing) EY/Abutters List Requested: Abutters Notice Sent: S Notice to Abutting Cities & Towns, Councillors: �/ G / S \ GY Legal Notice posted at City Hall: (14 days before meeting) cr/ Legal Notice Emailed & Confirmed: s Legal Notice Posted on Web: SAI Agenda to Applicant: 57 Applicant's email address or fax number to send agenda: Opened at Meeting: o S Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: L3i Z G A < Decision: Decision Filed: Appeal ,Period Over: (v 2 gal" day after decision filed) a� Decision Sent to Applicant: EvI Notice of Decision Sent to abutters, cities and towns, councillors: i ZBA ACTION FORM BOARD MEMBERS .MOTION= SECOND 1,,VOTE Date: 5/2-0/1 S Rebecca Curran (Chair Richard Dionne Petitioner: 5l%etAar� '?ooc-y— Mike Duffy Tom Watkins Address: 29 Con�ress Ste• Peter Co elas { Jimmy Tsitsinos (AIL)I Total: j Conditions: Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. I ©All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. cYJ All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. Petitioner shall obtain a building permit prior to beginning any construction. ❑Exterior finishes of the new construction shall be in harmony with the existing structure. LAJ A Certificate of Occupancy is to be obtained. A Certificate of Inspection is to be obtained. Lpa 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. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including;but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower of authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent(50%)of its floor area or more than fifty percent(50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. ❑ o, n ��.COND1T�i: CITY OF SALEM MASSACHUSETTS «. x ' BOARD OF APPEAL 720 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE # MAYOR CITY CLERK, SALEM.tiAS�S. June 3, 2015 Decision City of Salem Board of Appeals Petition of SHETLAND PARK seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum front yard setback and maximum lot coverage to construct a 15,600 square foot building. The property is located at 29 CONGRESS STREET(Map 34 Lot 448) (I Zoning District) A public heating on the above Petition was opened on May 20, 2015 pursuant to M.G.L Ch. 40A, 5 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter Copelas,Jimmy Tsitsinos,Tom Watkins and Mike Duffy. The petitioner is seeking Variances requesting relief from Sec. 4.1:1 Table of Dimensional Requirements from minimum front yard setback and maximum lot coverage of the Salem Zoning Ordinance to construct a 15,600 square foot building. 1. In the petition date-stamped April 28, 2015, the Petitioner requested a Variances seeking relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum front yard setback and maximum lot coverage to construct a new 15,600 square foot building. 2. Attorney Quinn presented the petition on behalf of the applicant. 3. The proposed building is a one-story building oriented with frontage on Pingree Street. 4. The proposed building size is 15,600 square feet with a proposed a set-back of 15 feet. 5. The existing total lot coverage is 50.5%percent from buildings constructed in 1914. 6. The building will be leased to the Salem Academy Charter School to be used for a new athletic and arts center. 7. The requested relief, if granted, would allow the Petitioner to reduce the setback from the required 30 feet to 15 feet and to allow a total of 51.8% that exceeds the maximum allowable lot coverage of fifty percent (50%). 8. At the public hearing seven (7) members of the public spoke in favor of and none (0) spoke in opposition to, the petition. The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the petition, including the application narrative and plans, and the Petitioner's presentation and public testimony, makes the following findings that the proposed project meets the provisions of the City of Salem Zoning Ordinance: Findings for Variance: L I Special conditions and circumstances that especially affect the land, building or structure generally not affecting other lands, buildings or structures in the same district include the pre-existing non- conforming dimension. The existing lot coverage from buildings built in 1914,is fifty-percent (509/6). i City of Salem Board of Appeals June 3,2015 Project:29 Congress Street Page 2 of 2 2. The literal enforcement of the provisions of the Ordinance would involve substantial hardship because the existing buildings that were built in 1914 are uniquely solid construction with steel and thick concrete to withstand fire and are expensive to maintain and/or renovate. 3. 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. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Rebecca Curran (Chair), Peter Copelas, Jimmy Tsitsinos, Tom Watkins and Mike Duffy and none (0) opposed, to grant Variances, to allow a reduction minimum front yard and increase in maximum lot coverage of the Salem Zoning Ordinance to construct a 15,600 square foot building, subject to the following terms, conditions, and safeguards: 1. The Petitioner shall comply 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. A Certificate of Occupancy shall be obtained. 6. A Certificate of Inspection shall 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. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 1.' Cis AS Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this deaslon, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed within 70 days of filing of this dea.aon in the office of the City Clerk. Pursuant to the Massachusetts Genera!Laws Chapter 40A, Section 11, the Variance or Speaal Permit granted herein shall mot take ffect until a copy of the deasion bearing the certificate of the City Clerk has been fled with the Essex South Registry of Deeds. Erin Schaeffer From: John Keenan <jkeenan@salemstate.edu> Sent: Tuesday, May 19, 2015 9:04 AM To: Erin Schaeffer Cc: Sean O'Neil Subject: Salem Academy Charter School Permit Dear Ms. Erin Schaeffer: We are writing both as a parents of a SACS' seventh grade student (Erin) and strong believers in the role that extracurriculars—both sports and arts—play in achieving school success. We fully support the request for Shetland Properties to construct the new facility for SACS. Our daughter Erin has had a wonderful academic experience at SACS. In fact,just today the SACS Destination Imagination team is heading to Tennessee to participate in the Global Finals versus fourteen other countries. At the same time, notwithstanding the lack of facilities, our daughter has thoroughly enjoyed her athletic experiences. She participated in track(x-country and spring) and basketball. As two parents who believe in the lessons learned in athletics, we're thrilled at the opportunity for the new facility adjacent to the school. At present, none of the teams have a home court, nor do they have a gym for physical education classes. The addition of the gym and space for other performances (theatre or other) will surely further enhance the mission of the school and, more importantly,the success of our children. We respectfully ask that you approve the permit for this most exciting project for SACS and its students. Unfortunately, neither of us is able to attend your meeting, but we wanted to express our full support. Thank you for your attention to this matter. Very best regards, John Keenan Kara McLaughlin 68 Dearborn Street Salem, MA 01970 Home: 978.744.7168 Cell: 978.821.1234 1 Erin Schaeffer From: Mickey Northcutt <mickey@northshorecdc.org> Sent: Tuesday, May 19, 2015 10:23 AM To: Erin Schaeffer Subject: Re:Zoning Board Thanks, Erin. Please let this email serve as public comment: Dear Zoning Board of Appeals: On behalf of North Shore CDC, I'd like to ask that the Zoning Board of Appeals encourage Shetland & Salem Academy Charter School to engage the community about what they plan to build at the site before approving any variances. Several of us, while excited and supportive of the concept of the project, are concerned about the lack of engagement and the potential outcome for the neighborhood. There has been not been outreach beyond mentioning the concept on what they hope to build there, and my understanding is that the proposed structure would directly abut a dense residential portion of the Point neighborhood. This building could potentially either be a wonderful asset for the neighborhood, or another concrete block with it's back to the neighborhood. A center such as the one proposed is a wonderful opportunity not only for the Charter School, but also for the Point neighborhood. I am confident that neighborhood residents and business owners will add reasonable, constructive feedback to the process which would make the project stronger and one that would add maximum value to the community. North Shore CDC, Salem's Department of Planning & Community Development and the Point Neighborhood Association collaborated in 2013 on the creation of the Point Neighborhood Vision& Action Plan. This process engaged over 200 residents and business owners in the Point to create a concrete plan to improve the quality of life in the neighborhood. Our team tracks the implementation of all action steps and has seen investments of over $7million in the past 18 months of implementation, ranging from grants for new trees and public art to a wholly redesigned park at Mary Jane Lee Park to the renovation of 130+apartment in the neighborhood. Both Shetland Park and Salem Academy Charter School are important organizations to the fabric of the neighborhood. We look forward to continue working closely with them on the improvement of the Point neighborhood. Respectfully, Mickey Northcutt CEO On Tue, May 19, 2015 at 9:40 AM, Erin Schaeffer<eschaefferksalem.com> wrote: Hi Mickey, Thank you for your comments.Additional comments may be sent to me by e-mail for the public record of this project.A copy of the application and plans are on file and available for public review during normal t REC i _ rl Rebecca Curran, Chairwoman ° '9 Zoning Board of Appeals MAY 2 020',3- City of Salem 120 Washington St DEPT OF PLANNING$ Salem MA 01970 COMMUNITY,DEVEL()pMENT To Chairwoman Curran and Members of the Zoning Board: Salem Academy Charter School is an independent public school chartered by the Massachusetts Department of Elementary and Secondary Education that enrolls 372 students in grades 6 through 12. Admission is open to all, non-selective, non-discriminatory and tuition free.Now in our eleventh year of operation,we offer a standards-based college preparatory curriculum. We are a Level One school according to the State's accountability system, and 100%of our seniors win college acceptance each year. We believe that with structure, support and consistency, every student can be a successful learner. Our vision is for any student who chooses to come here,regardless of social,ethnic or economic background,to find academic success and to develop the skills, habits of mind, attitudes and strength of character to be successful in college and to become an active and constructive participant in society. Shetland Park's Building Three is home to Salem Academy. Our 35,000 sf of leased space includes 20 classrooms, 6 science labs, 2 art studios,a library/media center, cafeteria and staff offices. The school supports an extended day and an extended year. There are 195 days in the school year. Classes are held from 8:30 a.m. to 4:00 p.m. followed by homework center,tutoring, afterschool activities and athletics until 5:00 p.m. In 2016 Salem Academy's enrollment will increase to 426 students. This increase was granted by the state partly to accommodate demand: 207 lottery candidates were placed on a waitlist in March 2015. To accommodate increased enrollment, we've designed a new arts and athletics building with three new classrooms and a gymnasium, together with a performance space. The new building doesn't only increase classroom space, it also enables expansion of the arts and athletics programs. The new space furthers a strategic initiative to widen the range of athletic programming available to our students and increase the size and scope of our arts and music program. The importance of the new Arts and Athletics building cannot be overstated. The school needs to grow its programs as well as its class size. Public charter schools,as you know, must take responsibility for locating, outfitting and maintaining their buildings. The new classrooms for music and art and the new gymnasium are part of a responsible growth strategy undertaken by Salem Academy's leadership and board for the benefit of the Salem families who have selected this option for their children's education.The expansion is fully supported by the board of directors, of which we are members, and by the faculty, staff and families of the school. On behalf of Salem Academy, we ask that you approve the requested variance from parking and setback requirements for the proposed new Arts and Athletics Center. Yours, Joshua Biber Nina V. Cohen W. Stephenson Palmer Connie Burke Amy Fridhi Thomas J. Munroe Karen Murray Cady Leslie Tuttle Board members of Salem Academy Charter School TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET, SUITE 414 WILLIAM J.TINTI SALEM,MASSACHUSETTS 01970 tinti@tintilaw.com WILLIAM B.ARDIFF(1965-1995) WILLIAM F.QUINN TELEPHONE WilliamFQuinn@aol.com (978)745$ OF COUNSEL 065 • (978)744.2948 MAACIMCINI O SCOTT M.GROVER TELECOPIER JOHN D.KEENAN smgrover@tintilaw.com (978)745-3369 OF COUNSEL MARC P.FREY www.tintilaw.com JERALD A.PARISELLA mpfrey@tintilaw.com gg tp�, OF COUNSEL JONATHAN M.OFILOSf] L��+r jofilos@tintilaw.com y..' a '•' -"' THOMAS hoggan@ti Jtilaw..comN t APR 2 7 HIE MARCY D.HAUBER c mhauber@tintilaw.com DEFT.OF FG�l" CHRISTINA M.MIHOS COMMU^S!T`!^=''rE'-.,P"` '� � - cmihos@tintilaw.com r PJ �1^ co r� April 28, 2015 -r ry Board of Appeals City of Salem 93 Washington Street Salem, MA 01970 Re:Shetland Trust Approval of Zoning Application Dear Chair and Members, Enclosed please find Shetland Trust's Original Approval of Zoning Application ("Application'), required checks for the Application fees,and nine copies of the Application to be filed with the City Clerk and Department of Planning and Community Development. The Application will be presented at the Board of Appeals meeting on May 20,2015. Please do not hesitate to call me if you should have any questions. Sincerely, William F.Quinn, Esq. W FQ/cm m Enc. TABLE OF CONTENTS 1. Petition Form 2. Statement of Hardship and History of Shetland Park 3. Consent Letter; Robert I. Lappin,Trustee of Shetland Trust,Approval of Zoning Application 4. Charter School Letter of Support and Charter School History 5. Site Plans 6. Salem News Request for Legal Notice and Check 7. Application Fees Attachment 1 CTTY OF SALEM,MASSACHUSETTS BOARD OF APPEALS PETITION FORM CPTY OF SALEMXASSACHUSETT /r Yr7 BOARD OF APPEALS !ce 'se,4 120 WASHINGTON STREET,3'm FLOOR v SALEDf,MASSACHUSETTS 01970 Thomas St Pi= Director of Inspectional Services Phone:978-619-5641/Fos:9711-740-9846 n _ Kn,mDu.EYDwseoLL Erin Schaeffer,SmffPlanaer —+ c MAYOR Phone:978-619-5685/Fax:978-740-0404 u+ TO TBE BOARD OF APPEALS: r .� N The Undersigned represent that he/she is/are the owners of a certain parcel of land located at co Shetland Park »>. Address: 29 Congress Street Zoning District: Industrial ("tI") An application is being submitted to the Board of Appeal for the following reason(s):This statement must N describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Fx plg: I am proposing to construct a!0'x 10'one story addition to my home located at 3 Salem Lorre, in the1 Zonings District.The Zoning Ordinmrce requires the minimum depth ofthe rearyard to be 30feet The current depth ofmy rear yard is 31 feet;the proposed addition would reduce the depth of the rear yard to 11 feet) Owner Shetland Trust proposes to construct 184 ft. x 84 ft. (15,088 sf) single—story (23 ft, high) athletic and arts center for lease to Salem Academy Charter School, an existing tenant at Shetland Park. To be constructed on an an open paved area adjacent to existing parking garage adjacent to Pingree St. Ordinance requires minimum front yard depth of 30 feet and maximum lot coverage by all buildings of 457 which are not met by the proposal. For this reason I am requesting: 4.1.1 (Table of Dimensional Requirements) (K)Variance(s)from provisions of Section of the Zoning Ordinance,specifically from front yard depth and lot coverage ratio (ie minimum depth ofrearyard). What is allowed is 30' front yard depth and maximum(fi?sgft?stories? %?),andwhat I 45& lot coverage ratio (ft?sq ft?stories?%?). Applicant proposing 151 front yard width and51.8 7 lot coverage ratio ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): )paved area of business and office park Current Property Use: Are Lot Dimensions Included?Q)Yes ( )No Why? (E—ple:Two Farmty Home) See Site Plan Submitted The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: 00 For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant,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. O For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,includingdrainage, e) Neighborhood character;and f) Potential fiscal impact, including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. Shetland Park Ifdifferentfrompetidoner. Petitioner: John Kelly, Manager Property Owner. Shetland Trust Address: 29 Congress Street Salem Address: 29 Congress Street Telephone: 978-740-4415 Telephone: 978-740-4415 Email: 11 @shetland .com Email: Signature: Signature: See Attached Letter Dom: Date: AprilfA lU,d G�`171e1ter is aGo arcepm6k) If different from petitioner Representative: William F. Quinn Esq. ATRUE Address... 27 Congress Street, Suite 414, Salem, MA ATTEST Telephone: 978-745-8065 ext. 110 Signature: illquinnlaw@gmail om Date: 13 2111 * Tinti, Quinn, Grover 6 Frey, P.C. CITY CLERK DATE DPCD DATE T7us onginal application must be filed with the City Clerk Attachment 2 Statement of Hardship for Application of Shetland Trust Applicant Shetland Trust owns and operates a property that is unique in the City,the largest business and office park in Salem,consisting of about 1.5 million sf of interior space located within in several huge converted industrial buildings developed for heavy industry many years before zoning regulations were enacted in Salem, located on a parcel of about 29.12 acres of land along the Salem waterfront. Shetland is one of the highest payers of real estate taxes to the City of Salem. The age, construction and size of its buildings poses unique physical and financial challenges to it owner that have occasionally required seeing appropriate zoning relief from the City to enable Shetland to improve its buildings and site to meet modern market demand, and maintain its financial viability as a tax-paying entity. The site was originally developed for dense industrial uses by the Naumkeag Steam Cotton Company in the 1830s, and over 2,000 workers were at times employed there. Much of that facility was destroyed by the Great Salem Fire of 1914, but Naumkeag rebuilt most of the site into its present configuration of very large industrial buildings covering a great portion of the site, and operated there until about 1953. The current owner acquired the property in 1958, and has continuously endeavored to maintain and improve it as business and office space since. In more recent years,these efforts have gained momentum from the development of the nearby Pickering Wharf retail and residential project. Shetland currently houses numerous and mixed uses that employ about 2,000 people. However, because of its size,the age and design of its buildings,and its location which is remote from highway and rail access,Shetland faces strong and constant competition in the tenant market from newer developments in the region, including large projects like the Cummings Center in Beverly. The current application is a case in point where Shetland seeks relief from two dimensional limitations of the Salem Zoning Ordinance in order to overcome physical and financial hardships caused by the age, design and size of its buildings,to accommodate a modern user at the site. The Salem Academy Charter School is a tenant which has for about 8 years operated a highly successful Charter School, educating about 400 Salem and area students, in space it leases from Shetland. Because of its design and building density,Shetland has been unable to provide any significant outdoor recreational space for use by the School, and the students have needed to travel to Salem Common or other available public areas for its recreation activities. If it is to continue at Shetland,the School needs additional space for indoor athletics and programs in the arts. As a result, Shetland and the School have entered into a lease extension agreement to keep the School at Shetland for years to come, provided that Shetland can obtain the necessary zoning relief and constructs for the School's exclusive use the free-standing Athletic and Arts Center on the site near the School. The best, and really only viable location to construct this facility at Shetland is where proposed, immediately adjacent to the Shetland Parking Garage (constructed with ZBA approval in 1988)facing Pingree Street. The proposed set-back (front yard width) will be the same as the Parking Garage. This specific location not only serves the School well, but also allows the Shetland to locate the facility where it fits on its property and will not obstruct the business activities of other business tenants at Shetland. Specifically, Shetland is seeking two variances from the Ordinance's dimensional requirements, one to allow the structure to be built with its front 15 feet from Pingree Street (where the Ordinance requires a front yard width of 30 feet) and to allow it to further exceed the existing-ratio of lot coverage by buildings by an additional 1.2 %. The age, size, location, condition and density of the existing industrial-age buildings on this lot are unique, and constitute a special condition affecting this lot which does not generally affect any other lands or structures in the same district.A literal enforcement of the dimensional provisions of the Ordinance would constitute a substantial hardship to the applicant, financial and otherwise, by preventing him from making reasonable use, economic and otherwise, of that portion of his property occupied by the School. As a matter of law in Massachusetts, dimensional variances may be granted at the Board's discretion on less strict factual and legal grounds than more serious requests for zoning relief. Here the existing educational use is not prohibited, and it serves the purpose of good public education in the City;the relief requested may,therefore, 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. Shetland Properties-A Brief History rags t U1 Home I Features&Amenities;Soaa&Rates I AbQZSjs_i Small Ruinm Cemet�Om La ion i Community I Tc imonials I Contact Us The History of Shetland Park For over fifty years, Shetland Park has been a landmark on the Salem Harbor's waterfront. The site of this attractive property has had a long and noteworthy history, dating back 170 years. In 1839, the Naumkeag Steam Cotton Company erected a steam-operated textile plant in the port city of Salem, Massachusetts, on the site of what is now Shetland Park. The buildings were the first in America to be driven by steam rather than hydro power. Coal for powering the steam engines and materials for ongoing construction projects were stored on nearby Union (now Pickering) Wharf. Operations began in 1845 and the location of the facility along the waterfront proved efficient for both cotton manufacturing and shipping of the goods. The sheeting was sold under the brand name of Pequot, so the operation became known as the Pequot Mills. In its heyday, the facility produced more than 18 million yards of cotton and employed about 2,000 workers. The Great Salem Fire of 1914 destroyed much of the City of Salem, and the Pequot Mills was a casualty of that fire. The fire burned 253 acres and 1,376 buildings, covering an area 1 1/2 miles long by 1/2 mile wide and resulting in almost 20,000 people homeless and 10,000 out of work. To its credit, the Naumkeag Steam Cotton Company began to rebuild the site almost immediately, and the buildings that were reconstructed after the fire were made of state of the art steel-reinforced concrete structural systems. The Naumkeag Steam Cotton Company remained in operation on this site until 1953, when it moved to South Carolina to take advantage of a cheaper labor market. In 1958, Robert I. Lappin, owner of The Shetland Company, a manufacturer of small home appliances, purchased the property from Zeckendorf& Company, a major New York real estate company. Seventy-five percent of the buildings were vacant at the time, and Mr. Lappin moved The Shetland Company from its Lynn location into 200,000 square feet, renaming the 1,500,000 square-foot property Shetland Industrial Park. In 1980, made possible by the development of Pickering Wharf, Shetland began to convert industrial space into office space, installing large bay windows to take advantage of the wonderful harbor views. Development and upgrading of the buildings continued, and the property has become a thriving mixed-use facility, now known as Shetland Park. Approximately 89 tenants, who employ about 2,000 people, presently lease space within the park. Two of these tenants have been in the park for almost 50 years (Crystal Systems and EG&G (PerkinElmer)). http://www.shetlandpark.com/history.htm 2/18/2010 i Shetland Properties- A Brief History rage z of 1 Shetland Park currently houses a number of State agencies: The Department of Transitional Assistance, the Department of Social Services, the Massachusetts Juvenile Court, the Department of Revenue, the Massachusetts Rehabilitation Commission and the Registry of Deeds for Southern Essex County. In 2008, Shetland Park celebrated its 50th anniversary of ownership and management of the property. It is among the most financially solid real estate companies in the United States. Shetland's objective for half a century has been to maintain the highest level of excellence for the satisfaction of our tenants. We believe that we have been highly successful in that regard, and intend to continue to strive for that ideal. Our Hallmark: Satisfied Tenants Shetland Park 27 Congress Street, Salem, MA 01970 Phone: 978-744-0556 Fax: 978-744-2078 info@shetlandpark.com http://www.shettandpark.com/history.htm 2/18/2010 Attachment 3 Shetland Trust 29 Congress Street Salem, MA 01970 April. 10, 2015 City of Salem Board of Appeals 120 Washington Street Salem, MA 01970 RE: Zoning Application of Shetland Trust Dear Chair and Members: This letter is to inform you that as Trustee of Shetland Trust, I have authorized Shetland Park Manager John Kelly to file the accompanying application of Shetland Trust for the necessary zoning relief to construct the Athletic and Arts center for Salem Academy Charter School. We appreciate your attention to this matter. Very truly yours, Robert I. Lappin, Trustee Shetland Trust . Attachment 4 Salem ® academy a n n n GHNtTFR 51:NOp� 45 congress street salem, ma 01970 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 salemnacad6r y • ■ • ■ CHARTER SCHOOL 45 congress street ■ salem, ma 01970 ■ 978.744.2105 ■ WWW.salemacademycs.org April 23,2015 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: The Salem Academy Charter School has executed Amendment No.7 to Lease No.4415A ("Amendment") with Shetland Trust. Upon construction of a Gymnasium Building,this Amendment extends the term of the original lease and various amendments for a period of fifteen(15)years. The Salem Academy Charter School is in full support of this Application to the Zoning Board of Appeals, as we have outgrown our current facility and need the additional space in order to continue to help the youth of Salem succeed and prosper in their future endeavors. Sincerely, ��- C' Sean O'Neil Executive Director salem nacademy E ■ a CHARTER SCHOOL 45 congress street a salem, ma 01970 ■ 978.744.2105 a www.salemacademycs.org April 23,2015 City of Salem Board of Appeals 120 Washington Street Salem,Massachusetts 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: The Salem Academy Charter School has executed Amendment No. 7 to Lease No. 4415A ("Amendment') with Shetland Trust. Upon construction of a Gymnasium Building,this Amendment extends the term of the original lease and various amendments for a period of fifteen(15)years. The Salem Academy Charter School is in full support of this Application to the Zoning Board of Appeals,as we have outgrown our current facility and need the additional space in order to continue to help the youth of Salem succeed and prosper in their future endeavors. Sincerely, Sean O'Neil Executive Director 4/9/2015 About Salem Academy Charter School HOME(HTTP://WWW.SALEMACADEMYCS.ORG) / ABOUT About Mission Statement. - - �( ; .zy Through a unique integration of college preparatory classes with service to the community, Salem Academy's mission is to graduate informed, articulate, and proactive individuals of strong k character. �i. Salem Academy Charter School opened its doors to sixth and seventh graders in September 2004 with the promise to serve the diverse population of Salem. Through a unique integration of college preparatory classes with service to the community, Salem Academys mission is to graduate informed, articulate, and proactive individuals of strong character. Today, Salem Academy has 372 students in grades six through twelve. Salem Academy believes that every student is capable of success when held to high expectations and provided with structure and consistency. The school community is based on mutual respect and thoughtful relationships, and stu*,ia gggg„ncouraged to pursue hltpJAw salemacademycs.orglaboW 1/5 4/92015 Abod I Salem Academy Charter Schod school norms defined as REACH - Responsible, Empathetic, Assertive, Cooperative, Honest. Salem Academy is located in Shetland Park at 45 Congress Street, a waterfront complex flanked on one side by the residential Point Neighborhood and on the other side by the attractions of Pickering Wharf. Students of Salem Academy are from Salem and its surrounding communities. An extended day attracts students for an early morning breakfast followed at 8:30 a.m. by a full schedule of academic classes and enrichment programs until 4:00 p.m. and then after school tutoring, activities, and athletics. An extended school year, from late August to the end of)une, allows Salem Academy students to master a wide range of academic skills and to become immersed in community service projects that give real life meaning to their . academic work as well as help them to develop a sense of civic responsibility. Salem Academy welcomes parents and guardians as partners in the educational process by providing daily access to the school's web-based information management system and following their children's progress as well as confer with teachers regularly. Salem Academy is governed by an independent Board of Trustees and is held accountable by the Massachusetts Department of Education. With a track record of impressive growth, demonstrated success, high MCAS scores, and financial viability, Salem Academy is pleased to have become a school of choice in Salem. Welcome to Salem Academy Charter School! Salem Academy Charter School is a small, public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. Address 45 Congress St.Salem,MA 01970 Phone (978)744-2105 Salem Academy Charter School vRI PC ' View on Google Maps , tdtp://www.salemacademycs.orcyabout/ 215 4192015 Emollmerd I Salem Academy Charter School HOME(HTTP:/MNJW.SALEMACADEMYCS.ORG) / ENROLLMENT Enrollment Salem Academy Charter School is an independent, public, college preparatory school serving 372 students in grades six through twelve. Through a unique integration of college preparatory classes with service to the community, Salem Academy graduates informed, articulate, and proactive individuals of strong character. Ranked the Best Charter School in Boston by Boston Magazine in Fall 2012, and the 5th Best High School in Massachusetts by U.S. News and World Report in Spring 2013, Salem Academy is proud also to have been named a Level One school by the Massachusetts Department of Elementary and Secondary Schools for the second year in a row. Salem Academy Charter School welcomes all students regardless of academic proficiency, special needs, English language development, or any other factors that may put students at risk of success. There is no tuition, and enrollment is open to all on a lottery basis as space permits. Preference is given to siblings of currently attending students, Salem residents, and then non-Salem residents. Founded to serve the diverse population of Salem, Salem Academy Charter School's population is 47% white, 34% Hispanic, 12% African American, 5 % Asian; and 1.5% multi- racial. This school community includes Christian,Jewish, and Muslim students; and it includes gay, straight, and bisexual students. Salem Academy Charter School has set a priority on the creation of a school culture that celebraterrjug«{V,,f�upports learning, http:/A w sai macadfnym.mgiadmissiuvs/ 115 4/92015 Dvollmerd I Salem Academy Charter School applauds success, and guarantees the physical, psychological, and emotional safety of its students. Salem Academy believes that every student is capable of success when held to high expectations and provided with structure, support, and consistency. Salem Academy offers a standards based, college preparatory academic program enhanced by honors level and Advanced Placement courses in the Upper School. Academic prep learning center classes are provided for small groups of students who need extra help in specific subject areas. An extensive special education program supports students with Individualized Education Plans, and the academic staff includes two full time licensed ELL teachers. Most classroom teachers are RETELL trained as well. Art, music, physical education, and health are required elements of the program. Salem Academy competes in the Massachusetts Charter School Athletic Organization and supports a variety of extracurricular and after school activities. Salem Academy is located in Shetland Park, convenient to the residential Point Neighborhood and to the attractions of Pickering Wharf and the historic downtown area. An extended day and extended year allow for a full schedule of academic classes, enrichment programs, and the school's signature Service Learning programs engaging students in structured community service projects that apply academic pursuit to actual practice. With a track record of impressive growth, demonstrated success, high MCAS scores, and financial viability, Salem Academy is pleased to be a school of choice in Salem. Welcome to Salem Academy Charter School! Salem Academy Charter School is a small,public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. httpJ/www.salemacadcmym.agladmissiorsl 215 41912015 Errollmerd I Sale/Academy Charter School Address 45 Congress St.Salem, MA 01970 Phone (978)744-2105 Salem Academy Charter School View on Google Maps i, Salem Academy Charter School Harbor St Dc t o-. SouTh Ri.er�� L _2 Cec.r't h c♦ Ter dE 'v J t4 4 --_ '' .^ -r,.F. :A,4'. Map, Reportamap erroi. About Parentlnfo (http://www.saIemacademycs.org/about/ (http://www.salemacademycs.org/parent- OurCharter(http://www.salemacademycs.org/about/our-charter/) information/) Faculty&Staff(http://www.salemacademycs.org/about/faculty- Health and Emergency Information staffs (http://www.salemacademycs.org/family-resources- Board of Trustees(http://www.salemacademycs.org/about/board- information/policies of-trustees/) Student Handbook(http://www.salemacademycs.org/family- Agenda&Minutes(http://www.salemacadernycs.org/abouVboard- resources-information/student-handbook/) of-trustees/agenda-minutes/) Forms and Permissions(httpl/www.salemacademycs.orgffamily- resou rtes-information/forms-permissions/) Annual Reports(http://www.salemacademycs.org/about/annual- Bullying Prevention&Intervention Plan report-card/) (httpJ/www.salemacademycs.org/family-resources- School Profile(http://wwwsalemacademycs.org/about/school- information/bullying-prevention-intervention-plans profile/) The SFC(School Family Community) Awards&Recognition (http://www.salemacademycs.org/family-resources-information/sfc- (http://www.salemacademycs.org/about/awards-recognitions school-family-communirys Salem Academy Store The PAC(Parent Advisory Committee) (http://www.salemacademycs.org/about/stores (http://www.salemacademycs-org/family-resources-information/p-c- Contact Us(http://wwwsalemacademycs.org/about/contactl parent-advisory-committees Employment(http://www.salemacademycs.org/abDuUemployment/) Transportation(http://wwwsalemacademycs.org/family-resources- httplty salenamdamym.orgiadmissiors/ Y5 4/9/2015 Ow Charter I Salem Acada y Charts School HOME(HTTP:/N✓WW.SALEMACADEMYCS.ORG) / ABOUT(HTTP:/NJWW.SALEMACADEMYCS.ORG/ABOUT/) / OURCHARTER Our Charter What is a Charter School? Massachusetts Commonwealth Charter Schools are independently managed public schools that operate under a five-year charter granted by the Massachusetts Board of Education. Parents, teachers, non-profit organizations, community leaders, or others may start one of these schools. Charter schools have the freedom to organize around a core mission, curriculum, theme, or teaching method, and are allowed to control their own budgets and hire (and fire)teachers and staff. In return for this freedom, a charter school must demonstrate strong academic results within five years or their charter will not be renewed. Salem Academy Charter School is a member of the Massachusetts Charter Public School Association ("MCPSA"). For more information about MCPSA, please click on this link: MassCharterSchool.Org (http://www.MassCharterSchools.org) Salem Academy Charter School Charter Renewal 2014 (http://www.sa lemacademycs.org/wp-content/uploads/jan20l4-B ESE-memo- delegated-charter-school-renewals-FINAI.pdf) Translate » h4UA .salemacademycs.org/a7ow -charter/ 114 4!82015 Our charter I Salem Academy charter School Salem Academy Charter School Summary of Review January 2014 (http://www.salemacademycs.org/wp-content/uploads/Sa lem-Academy-SO R- FI NAL.pdf) Salem Academy Charter School Renewal Letter January 31, 2014 (http://www.sa lemacademycs.org/wp-content/uploads/Official-SACS-renewal-ltr- 1-31-14.pdf) Salem Academy Charter School Renewal Inspection Report November 23, 2013 (http://www.salemacademycs.orgtwp-content/uploads/Salem-Final-Renewal- Inspection-Report-11-23-13.pdf) Welcome to Salem Academy Charter School! Salem Academy Charter School is a small,public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. Address 45 Congress St.Salem,MA 01970 Phone (978)744-2105 Salem Academy Charter School View on Google Maps Salem Academy a Harhot St chartef&chov) ca 1 - M South P'n't'r hap:llwr alemacademya-mgrabDiV r-charter/ 2!4 Attachment 5 LOT AREA = 2g.12±acres = 1,266,500±SF rn EXISTING BUILDING COVERAGE =641,000±SF .� EXISTING PERCENT BUILDING COVERAGE = 50.53 J PROPOSED BUILDING le,l� SO I SF PROPOSED TOTAL BUILDING COVERAGE 51.83 6551.8% SF Yy� PROPOSED PERCENT BUILDING COVERAGE = y� A h Rile' d eob St �I � \ A.4 Word Sf i Xyl s, HOrbOr St'� y � a ' o / V t H d0i j' / nOvemenl � Proposed Salem Academy /+ O Athletic and Art Center 15.60015E K Salem Harbor ` r I T Pa/mer`Sltreef I l - I� Proposed 20 parking spaces--,,/,/.- Sir, / G Ceohtt Sir at 1„ / I i f / t / GRAPHIC SCALE ff ( IN FEET ) t inch 150 tL' I Note, this pion is a compilation of field - ( -survey (for the portion near the proposed - 4 building) and a site pion provided by R.Rumpf - Associate., Inc dated March 27. 2015. LOCUS SITE PLAN OF LAND a 47 CONGRESS STREET NOTE: SIMS SITE PLAN IS NOT FOR CONSTRUCTION, SALEM 1- TILL4 PIAN IS FOR PEW'ITING PURPOSES ONLY PROPERTY OF SHETLAND TRUST �1tlN M4{� o4�sr Ory��c SCALE I' = 150' SHEET 1 OF 2 APRIL 26, 2015 �° smrr ux °sN = GnaL �` NORTH SHORE SURVEY CORPORATION IMI6 SMITH 14 BROWN ST. — SALEM, MA (978) 744-4800 PATROWICZ LAND DEVELOPMENT ENGINEERING 14 BROWN ST. — SALEM. MA (978) 836-6400 #4000 EXISTING PARKING GARAGE { IS' / h )ATHLE SALEM- ACADEMY ATHLETIC A 'DND: ART, CEpa ":AREA 15;600 t S.F.i - 0 W � Q Is ,. EXISTING COMMERCIAL BUILDING gS f F a y ��2 i Y h _ pod t GAIL L ,ISMITH l O �K 4� ZONING DISTRICT — I ZONING BOARD OF APPEALS PLAN PROPOSED 47 CONGRESS STREET REQUIRED BUILDING SALEM FRONT 30 15' PROPERTY OF SIDE 30 IN EXCESS OF 30' SHETLAND TRUST REAR 30 IN EXCESS OF 30' SCALE i' = 40' SHEET 2 OF 2 APRIL 25, 2015 BLDG. HEIGHT 45 31't NORTH SHORE SURVEY CORPORATION 14 BROWN STREET - SALEM, MA LOT COVERAGE 45% 51.8% 97B-744_4800 0 40 RO ® X4000 TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET, SUITE 414 WILLIAM J.TINTI SALEM,MASSACHUSETTS 01970 tinti@tincilaw.com WILLIAM B.ARDIFF(1965- 1995) WILLIAM F.QUINN TELEPHONE (978)745-8065 • (978)7442948 MARCIA MULFORD CINI WilliamFQuinn@aol.com OF COUNSEL SCOTT M.GROVER TELECOPIER JOHN D.KEENAN smgrover@cintilaw.com (978)745-3369 OF COUNSEL MARC P.FREY www.tintilaw.com JERALD A.PARISELLA mpfrey@tintilaw.com OF COUNSEL JONATHAN M.OFILOS - jofilos@tintilaw.com a 9 . THOMAS J.HOGAN REG-7- j -IVY tjhogan@tintilaw.com MARCY D.HAUBERpn 'Z n mhauber@tintilaw.com �`��' �n CHRISTINA M.MIHOSr— tmihos@tintilaw.tom 0 N m OJ April 28, 2015 Board of Appeals ^� City of Salem i• w c: a: .D 93 Washington Street Salem, MA01970 Re: Shetland Trust Approval of Zoning Application Dear Chair and Members, Enclosed please find Shetland Trust's Original Approval of Zoning Application ("Application"), required checks for the Application fees, and nine copies of the Application to be filed with the City Clerk and Department of Planning and Community Development. The Application will be presented at the Board of Appeals meeting on May 20,2015. Please do not hesitate to call me if you should have any questions. Sincerely, William F.Quinn, Esq. W FQ/cmm Enc. TABLE OF CONTENTS 1. Petition Form 2. Statement of Hardship and History of Shetland Park 3. Consent Letter; Robert I. Lappin,Trustee of Shetland Trust,Approval of Zoning Application 4. Charter School Letter of Support and Charter School History 5. Site Plans 6. Salem News Request for Legal Notice and Check 7. Application Fees Attachment 1 CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS r'gg1�, PETMON FORM i MVV !s\-. CITY OF SALEMXASSACHUSETTS �, t BOARD OF APPEALS G i 120 WASHINGTON STREET,3�FLOOR ' j'a.. •�s�Y ' SALEM,MASSACHUSETTS 01970 Thomas St Pierre,Director of Inspectional Services Phone:978-619-5641/Fax 978-740-984b Kuamt tY DRlscoLL Erin Schaeffer,Staff Planaer n_ MAYOR Phone:978-619-5685/Fax 978-740-0404 r„ TO THE BOARD OF APPEALS: -ct The Undersigned represent that he/she islare the owners of a certain parcel of land located at: Shetland Park N Address: 29 Congress StreetZoning District: Industrial co An application is being submitted to the Board of Appeal for the following reason(s):This statemehrmust describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements rampjp I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-^2 Zoninz- District.The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet The current depth of rqp rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.) Owner Shetland Trust proposes to construct 184 ft. x 84 ft. (15,088 sf) single-story (23 ft. high) athletic and arts center for lease to Salem Academy Charter School, an existing tenant at Shetland Park. To be constructed on an an open paved area adjacent to existing parking garage adjacent to Pingree St. Ordinance requires minimum front yard depth of 30 feet and maximum lot coverage by all buildings of 45% which are not met by the proposal. For this reason I am requesting: 4.1.1 (Table of Dimensional Requirements) (X)Variances)from provisions of Section of the Zoning Ordinance,specifically from front yard depth and lot coverage ratio (i.e.minim=depth ofrearyard). What is allowed is 30' front yard depth and maximum(ft?sgft?stories? %?),andwhai i 45& lot coverage ratio (ft?sgft?stories?%?). Applicant proposing 15, front yard width and51.8 7 lot coverage ratio ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): )paved area of business and office park Current Property Use: Are Lot Dimensions included?PC)Yes ( )NO Why? (E—PL Two Family Home) See Site Plan Submitted The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PEMON FORM The following written statement has been submitted with this application: (K) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and strtictures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant,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. O For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; - e) Neighborhood character;and f) Potential fiscal impact, including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. CIL 40B §20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. Shetland Park Ifdiffererrtfrompedtianer. Petitioner. John Belly, Manager Property Owner. Shetland Trust Address: 29 Congress Street Salem Address: 29 Congress Street Telephone: 978-740-4415 Telephone: 978-740-4415 Email: 11 @shetland .com Email: Signature: Signature: See Attached Letter letter is also ameptabtef Date: ) Date: April(A nfed a��`l�` If different from petitioner. Representative: William F. Quinn Esq. ATRUF Address:.. 27 Congress Street, Suite 414, Salem, MA ATTEST Telephone: 978-745-8065 ext. 110 Signature: illquinnlaw@gmail om - Date: `j 22-607/ * Tinti, Quinn, Grover S Frey, P.C. CITY CLERK DATE DPCD DATE - This original application must be filed with the City Clerk Attachment 2 Statement of Hardship for Application of Shetland Trust Applicant Shetland Trust owns and operates a property that is unique in the City,the largest business and office park in Salem,consisting of about 1.5 million sf of interior space located within in several huge converted industrial buildings developed for heavy industry many years before zoning regulations were enacted in Salem, located on a parcel of about 29.12 acres of land along the Salem waterfront. Shetland is one of the highest payers of real estate taxes to the City of Salem. The age, construction and size of its buildings poses unique physical and financial challenges to it owner that have occasionally required seeing appropriate zoning relief from the City to enable Shetland to improve its buildings and site to meet modern market demand,and maintain its financial viability as a tax-paying entity. The site was originally developed for dense industrial uses by the Naumkeag Steam Cotton Company in the 1830s, and over 2,000 workers were at times employed there. Much of that facility was destroyed by the Great Salem Fire of 1914, but Naumkeag rebuilt most of the site into its present configuration of very large industrial buildings covering a great portion of the site, and operated there until about 1953. The current owner acquired the property in 1958, and has continuously endeavored to maintain and improve it as business and office space since. In more recent years,these efforts have gained momentum from the development of the nearby Pickering Wharf retail and residential project. Shetland currently houses numerous and mixed uses that employ about 2,000 people. However, because of its size,the age and design of its buildings,and its location which is remote from highway and rail access, Shetland faces strong and constant competition in the tenant market from newer developments in the region, including large projects like the Cummings Center in Beverly. The current application is a case in point where Shetland seeks relief from two dimensional limitations of the Salem Zoning Ordinance in order to overcome physical and financial hardships caused by the age,design and size of its buildings,to accommodate a modern user at the site. The Salem Academy Charter School is a tenant which has for about 8 years operated a highly successful Charter School,educating about 400 Salem and area students, in space it leases from Shetland. Because of its design and building density,Shetland has been unable to provide any significant outdoor recreational space for use by the School, and the students have needed to travel to Salem Common or other available public areas for its recreation activities. If it is to continue at Shetland,the School needs additional space for indoor athletics and programs in the arts. As a result, Shetland and the School have entered into a lease extension agreement to keep the School at Shetland for years to come, provided that Shetland can obtain the necessary zoning relief and constructs for the School's exclusive use the free-standing Athletic and Arts Center on the site near the School The best,and really only viable location to construct this facility at Shetland is where proposed, immediately adjacent to the Shetland Parking Garage (constructed with ZBA approval in 1988)facing Pingree Street. The proposed set-back (front yard width) will be the same as the Parking Garage. This specific location not only serves the School well, but also allows the Shetland to locate the facility where it fits on its property and will not obstruct the business activities of other business tenants at Shetland. Specifically, Shetland is seeking two variances from the Ordinance's dimensional requirements, one to allow the structure to be built with its front 15 feet from Pingree Street (where the Ordinance requires a front yard width of 30 feet) and to allow it to further exceed the existing ratio of lot coverage by buildings by an additional 1.2 %. The age, size, location, condition and density of the existing industrial-age buildings on this lot are unique, and constitute a special condition affecting this lot which does not generally affect any other lands or structures in the same district.A literal enforcement of the dimensional provisions of the Ordinance would constitute a substantial hardship to the applicant,financial and otherwise, by preventing him from making reasonable use, economic and otherwise, of that portion of his property occupied by the School. As a matter of law in Massachusetts, dimensional variances may be granted at the Board's discretion on less strict factual and legal grounds than more serious requests for zoning relief. Here the existing educational use is not prohibited, and it serves the purpose of good public education in the City;the relief requested may,therefore, 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. Shetland Properties-A Brief History rags 1 UL MORNING 6 Home I Featu &Amenities I Svace&Pam I AWA Us I Small Bminm Carca 1 Qw Location 1 Community 1 Tcstimonials 1 Contac[Uz The History of Shetland Park For over fifty years, Shetland Park has been a landmark on the Salem Harbor's waterfront. The site of this attractive property has had a long and noteworthy history, dating back 170 years. In 1839, the Naumkeag Steam Cotton Company erected a steam-operated textile plant in the port city of Salem, Massachusetts, on the site of what is now Shetland Park. The buildings were the first in America to be driven by steam rather than hydro power. Coal for powering the steam engines and materials for ongoing construction projects were stored on nearby Union (now Pickering) Wharf. Operations began in 1845 and the location of the facility along the waterfront proved efficient for both cotton manufacturing and shipping of the goods. The sheeting was sold under the brand name of Pequot, so the operation became known as the Pequot Mills. In its heyday, the facility produced more than 18 million yards of cotton and employed about 2,000 workers. The Great Salem Fire of 1914 destroyed much of the City of Salem, and the Pequot Mills was a casualty of that fire. The fire burned 253 acres and 1,376 buildings, covering an area 1 1/2 miles long by 1/2 mile wide and resulting in almost 20,000 people homeless and 10,000 out of work. To its credit, the Naumkeag Steam Cotton Company began to rebuild the site almost immediately, and the buildings that were reconstructed after the fire were made of state of the art steel-reinforced concrete structural systems. The Naumkeag Steam Cotton Company remained in operation on this site until 1953, when it moved to South Carolina to take advantage of a cheaper labor market. In 1958, Robert I. Lappin, owner of The Shetland Company, a manufacturer of small home appliances, purchased the property from Zeckendorf& Company, a major New York real estate company. Seventy-five percent of the buildings were vacant at the time, and Mr. Lappin moved The Shetland Company from its Lynn location into 200,000 square feet, renaming the 1,500,000 square-foot property Shetland Industrial Park. In 1980, made possible by the development of Pickering Wharf, Shetland began to convert industrial space into office space, installing large bay windows to take advantage of the wonderful harbor views. Development and upgrading of the buildings continued, and the property has become a thriving mixed-use facility, now known as Shetland Park. Approximately 89 tenants, who employ about 2,000 people, presently lease space within the park. Two of these tenants have been in the park for almost 50 years (Crystal Systems and EG&G (PerkinEimer)). http://www.shetlandpark.com/history.htm 2/18/2010 Shetland Properties-A Brief History rage of L Shetland Park currently houses a number of State agencies: The Department of Transitional Assistance, the Department of Social Services, the Massachusetts Juvenile Court, the Department of Revenue, the Massachusetts Rehabilitation Commission and the Registry of Deeds for Southern Essex County. In 2008, Shetland Park celebrated its 50th anniversary of ownership and management of the property. It is among the most financially solid real estate companies in the United States. Shetland's objective for half a century has been to maintain the highest level of excellence for the satisfaction of our tenants. We believe that we have been highly successful in that regard, and intend to continue to strive for that ideal. Our Hallmark: Satisfied Tenants Shetland Park 27 Congress Street, Salem, MA 01970 Phone: 978-744-0556 Fax: 978-744-2078 info shetlandpark com http:/hvww.shetlandpark.comfhistory.htm 2/18/2010 Attachment 3 Shetland Trust 29 Congress Street Salem, MA 01970 April 10, 2015 City of Salem Board of Appeals 120 Washington Street Salem, MA 01970 RE: Zoning Application of Shetland Trust Dear Chair and Members: This letter is to inforn► you that as Trustee of Shetland Trust, I have authorized Shetland Park Manager John Kelly to file the accompanying application of Shetland Trust for the necessary zoning relief to construct the Athletic and Arts center for Salem Academy Charter School. We appreciate your attention to this matter. Very truly yours, Robert I. Lappin, Trustee Shetland Trust Attachment 4 salem academy a n • • alnl9CHOVI, 45 congress street salem, ma 01 970 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 salem academy • ■ • • CHARTER SCHOOL 45 congress street ■ salem, ma 01970 ■ 978.744.2105 ■ www.salemacademycs.org April 23,2015 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: The Salem Academy Charter School has executed Amendment No.7 to Lease No. 4415A ('Amendment') with Shetland Trust. Upon construction of a Gymnasium Building,this Amendment extends the term of the original lease and various amendments for a period of fifteen(15)years. The Salem Academy Charter School is in full support of this Application to the Zoning Board of Appeals, as we have outgrown our current facility and need the additional space in order to continue to help the youth of Salem succeed and prosper in their future endeavors. Sincerely, Sean O'Neil Executive Director salem a academy a ■ a a CHARTER SCHOOL 45 congress street a salem, ma 01970 ■ 978.744.2105 ■ www.salemacademycs.org April 23,2015 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: The Salem Academy Charter School has executed Amendment No. 7 to Lease No. 4415A ("Amendment')with Shetland Trust. Upon construction of a Gymnasium Building, this Amendment extends the term of the original lease and various amendments for a period of fifteen(15) years. The Salem Academy Charter School is in full support of this Application to the Zoning Board of Appeals,as we have outgrown our current facility and need the additional space in order to continue to help the youth of Salem succeed and prosper in their future endeavors. Sincerely, \ ^ Sean O'Neil Executive Director 4/92015 About Salem Academy Charter Schod HOME(HTTP://WWW.SALEMACADEMYCS.ORG) / ABOUT About Mission Statement. Through a unique integration of college preparatory classes with service to the community, Salem Academy's mission is to graduate informed, articulate, and _ proactive individuals of strong character. ' L. Salem Academy Charter School opened its doors to sixth and seventh graders in September 2004 with the promise to serve the diverse population of Salem. Through a unique integration of college preparatory classes with service to the community, Salem Academy's mission is to graduate informed, articulate, and proactive individuals of strong character. Today, Salem Academy has 372 students in grades six through twelve. Salem Academy believes that every student is capable of success when held to high expectations and provided with structure and consistency. The school community is based on mutual respect and thoughtful relationships, and stu*,,gW&fepcouraged to pursue httpJMrww.salemacademycs.orglaboW 115 4192015 About I Salem Academy Charter Schod school norms defined as REACH - Responsible, Empathetic, Assertive, Cooperative, Honest. Salem Academy is located in Shetland Park at 45 Congress Street, a waterfront complex flanked on one side by the residential Point Neighborhood and on the other side by the attractions of Pickering Wharf. Students of Salem Academy are from Salem and its surrounding communities. An extended day attracts students for an early morning breakfast followed at 8:30 a.m. by a full schedule of academic classes and enrichment programs until 4:00 p.m. and then after school tutoring, activities, and athletics. An extended school year, from late August to the end of June, allows Salem Academy students to master a wide range of academic skills and to become immersed in community service projects that give real life meaning to their academic work as well as help them to develop a sense of civic responsibility. Salem Academy welcomes parents and guardians as partners in the educational process by providing daily access to the school's web-based information management system and following their children's progress as well as confer with teachers regularly. Salem Academy is governed by an independent Board of Trustees and is held accountable by the Massachusetts Department of Education. With a track record of impressive growth, demonstrated success, high MCAS scores, and financial viability, Salem Academy is pleased to have become a school of choice in Salem. Welcome to Salem Academy Charter School! Salem Academy Charter School is a small, public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. Address 45 Congress St.Salem,MA 01970 Phone (978)744-2105 Salem Academy Charter Schoole T. View on Google Mapsr; http:Itwww.salemacademycs.wgtaboW 225 452015 E Ilmerd I Salm Academy Charter School HOME(HTTP://WWW.SALEMACADEMYCS.DRG) / ENROLLMENT Enrollment Salem Academy Charter School is an independent, public, college preparatory school serving 372 students in grades six through twelve. Through a unique integration of college preparatory classes with service to the community, Salem Academy graduates informed, articulate, and proactive individuals of strong character. Ranked the Best Charter School in Boston by Boston Magazine in Fall 2012, and the 5th Best High School in Massachusetts by U.S. News and World Report in Spring 2013, Salem Academy is proud also to have been named a Level One school by the Massachusetts Department of Elementary and Secondary Schools for the second year in a row. Salem Academy Charter School welcomes all students regardless of academic proficiency, special needs, English language development, or any other factors that may put students at risk of success. There is no tuition, and enrollment is open to all on a lottery basis as space permits. Preference is given to siblings of currently attending students, Salem residents, and then non-Salem residents. Founded to serve the diverse population of Salem, Salem Academy Charter School's population is 47°x6 white, 34% Hispanic, 12% African American, 5 % Asian; and 1.5% multi- racial. This school community includes Christian,Jewish, and Muslim students; and it includes gay, straight, and bisexual students. Salem Academy Charter School has set a priority on the creation of a school culture that celebrateTrjWg{gjVY,,,supports learning, hVJM+ zat macademycs.orgladmissias/ 15 4/917015 Ercdlmemt I Saler Academy Charter Scholl applauds success, and guarantees the physical, psychological, and emotional safety of its students. Salem Academy believes that every student is capable of success when held to high expectations and provided with structure, support, and consistency. Salem Academy offers a standards based, college preparatory academic program enhanced by honors level and Advanced Placement courses in the Upper School. Academic prep learning center classes are provided for small groups of students who need extra help in specific subject areas. An extensive special education program supports students with Individualized Education Plans, and the academic staff includes two full time licensed ELL teachers. Most classroom teachers are RETELL trained as well. Art, music, physical education, and health are required elements of the program. Salem Academy competes in the Massachusetts Charter School Athletic Organization and supports a variety of extracurricular and after school activities. Salem Academy is located in Shetland Park, convenient to the residential Point Neighborhood and to the attractions of Pickering Wharf and the historic downtown area. An extended day and extended year allow for a full schedule of academic classes, enrichment programs, and the school's signature Service Learning programs engaging students in structured community service projects that apply academic pursuit to actual practice. With a track record of impressive growth, demonstrated success, high MCAS scores, and financial viability, Salem Academy is pleased to be a school of choice in Salem. Welcome to Salem Academy Charter School! Salem Academy Charter School is a small,public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. hllplt�-salemacadenycs.oryadmissior5/ 26 4/9/2015 Eivdlmerd I Salem Academy Charter Schad Addre55 45 Congress St. Salem.MA 01970 Phone (978)744-2105 Salem Academy Charter School View on Google Maps i . c� SaiQmAcademy Charter School Harbor St a- South Ai;er lei St tF r4� !mer Prat . Ed r, - Map,:Report:a:map errod:: About Parer lnfo (http://www.saIemacademycs.org/about[) (http://www.salemacademycs.org/parent- OurCharter(http://www.salemacademycs.org/about/our-charter/) information/) Faculty&Staff(http:/Iw .salemacademycs.org/about/faculty- Health and Emergency Information staff/) (http://www.salemacademycs.org/family-resources- Board of Trustees(http://www.salemacademycs.org/abouUboard- information/policiesq of-trustees/) Student Handbook(http:/Anvwa.salemacademycs.org/family- Agenda&Minutes(http://www.salemacademycs.org/abouUboard- resources-information/student-handbook/) of-trustees/agenda-minutes/) Forms and Permissions(http://www.salemacademycs.org/family- resou rtes-information/forms-permissions/) Annual Reports(http)/www.salemacademycs-org/about/annual- Bullying Prevention&Intervention Plan report-card[) (http://www.salemacademycs.org/family-resources- School Profile(http://www-salemacademycs.org/at>out/school- information/bullying-prevention-intervention-plana profile/) The SFC(School Family Community) Awards&Recognition (http://www.salemacademycs.org/family-resources-information/sfc- (http://www.salernacademycs.org/about/awards-recognition/) school-family-communiryq Salem Academy Store The PAC(Parent Advisory Committee) (http://www.salemacademycs.org/aboutlszorO (http://www.salemacademycs.org/family-resources-information/p-c- Parent-advisory-committee/) Contact Us(ht p://wwwsalemacademya q.org/abou/contac Transportation(http://wwwsalemacademycs.org/family-resources- Employment(http://www.salemacademycs.org/about/employmentl) http:/A~sala waaemycs.wgtacimissioW Y5 4/9/2015 Dia Charter)Salem Academy Charter School HOME(HTTP:/AJWW.SALEMACADEMYCS.ORG) / ABOUT(HTTP:/AJWW.SALEMACADEMYCS.ORG/ABOUT/) / OURCHARTER Our C ayt.er What is a Charter School? Massachusetts Commonwealth Charter Schools are independently managed public schools that operate under a five-year charter granted by the Massachusetts Board of Education. Parents, teachers, non-profit organizations, community leaders, or others may start one of these schools. Charter schools have the freedom to organize around a core mission, curriculum, theme, or teaching method, and are allowed to control their own budgets and hire (and fire)teachers and staff. In return for this freedom, a charter school must demonstrate strong academic results within five years or their charter will not be renewed. Salem Academy Charter School is a member of the Massachusetts Charter Public School Association ("MCPSA"). For more information about MCPSA, please click on this link: MassCharterSchool.Org (http://www.MassCharterSchools.org) Salem Academy Charter School Charter Renewal 2014 (http://www.sa lemacademycs.org/wp-content/uploads/J an2014-B ESE-memo- delegated-charter-school-renewals-FINAI.pdf) Translate » HWMn .salemacademycs.aryaboWaa-aortal 114 4132015 Our Charter I Salem Academy Charter School Salem Academy Charter School Summary of Review January 2014 (http://www.salemacademycs.org/wp-content/u ploads/Sa lem-Academy-SO R- FINAL.pdf) Salem Academy Charter School Renewal Letter January 31, 2014 (http://www.sa lemacademycs.o rg/wp-content/u ploads/Officia I-SACS-ren ewal-Itr- 1-31-14.pdf) Salem Academy Charter School Renewal Inspection Report November 23, 2013 (http://www.salemacademycs.org/wp-content/uploads/Salem-Final-Renewal- I nspecti o n-Repo rt-11-23-13.pdf) Welcome to Salem Academy Charter School! Salem Academy Charter School is a small,public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. Address 45 Congress St.Salem,MA 0 970 Phone (978)744-2105 Salem Academy Charter School ® ' r� View on Google Maps o r 3 v Salem Academy Gharter School n 9 6_ m r_. -Puth cvdaj$t - .s` httpl/w.vw.salemacadanycs.orcyabrnn/ar-darter/ 24 Attachment 5 LOT AREA = 29.12tocres = 1,268,500±SF rn EXISTING BUILDING COVERAGE =641,0003SF v EXISTING PERCENT BUILDING COVERAGE = 50.5% m l( H PROPOSED BUILDING = tEF PROPOSED TOTAL BUILDINGING COVERAGE OVERAGE = 656,600f5F Yk1 S° Ut PROPOSED PERCENT BUILDING COVERAGE = 51.8% peO6 f h Riper W°rd Sf k0r6o -�Jl)C' r at y .. .. m rn ) o L)/` i y/ a1 Tat 3 Po.em¢nl Proposed Salem Academy / Q Athletic and Art Center 15.600f5F �- Salem Harbor ` r I 7 )'aimer (/� I 8 Proposed 20 parking Spaces—�'�`A L rV li Y l )epp t tree, '( ) - GRAPHIC SCALE n fl ( IN FEET ) 1 inch = 150 R. - F / INote: this plan is a compilation of field 1 survey (for the portion near the proposed - bullding) and a site plan provided by R.Rumpf - ( k Associates, Inc dated March 27. 2015. - LOCUS SITE PLAN OF LAND f 47 CONGRESS STREET { NOSE TH15 SITE PLAN 1S NOT FOR CONSTRUCTION, SALEM F THIS PEAK a MR.PERIDT PURPOSES ONLY- PROPERTY OF �✓'Ao`� SHETLAND TRUST IF MAs� e 4b SCALE 1- = 150' SHEET 1 OF 2 APRIL 26, 2015 g� scorr aN `'ti o GAIL L. NORTH SHORE SURVEY CORPORATION waw_ soMrrn 14 BROWN ST. – SALEM, MA (978) 744-4000 $' a PATROVACZ LAND DEVELOPMENT ENGINEERING 14 BROWN ST – SALEM, MA (978) 83e-6400 #4000 i� EXISTING PARKING GARAGE 15' I 15 P. OPOSE0 SALEM CAD�dY ATNEETiC-'AND-ART CENTER REA 15;600 t S.F�.` 0 (u m u 84.`74 EXISTING COMMERCIAL BUILDING 9 c p d o 777777SMITH SMITH n�J� o_swo ZONING DISTRICT - I ,ZONING BOARD OF APPEALS PLAN PROPOSED 47 CONGRESS STREET REQUIRED BUILDING SALEM FRONT 30 15' PROPERTY OF SIDE 30 IN EXCESS OF 30' SHETLAND TRUST REAR 30 IN EXCESS OF 30' SCALE 1' = 40' SHEET 2 OF 2 APRIL 25, 2015 BLDG. HEIGHT 45 31,i NORTH SHORE SURVEY CORPORATION 14 BROWN STREET — SALEM, MA LOT COVERAGE 45% 51.8% 978-744-4800 0 40 80 ® X4000 s \ � a�a TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET, SUITE 414 WILLIAM J.TINTI SALEM,MASSACHUSETTS 01970 tinti@tintilaw.com - WILLIAM B.ARDIFF(1965- 1995) WILLIAM F.QUINN TELEPHONE WilliamFQuinn@aol.com (978)745-8065 • (978)7442948 MARCIA MULFORD CINI OF COUNSEL SCOTT M.GROVER TELECOPIER JOHN D. KEENAN smgrover@tintilaw.com (978)745-3369 OF COUNSEL MARC P.FREY www.tintilaw.com RE JD A.PARISELLA mpfrey@tintilaw.com l,,,o, r Fft;.'Oj JONATHAN M.OFILOS tJ ' jofilos@tintilaw.com Frp r + THOMAS J.HOGAN hf`'t `- '�LJ f 5 tjhogan@tintilaw.com PIxC;+� ,iG MARCY D.HAUBER DC-PT OF mhauber@tintilaw.rom CHRISTINA M.MIHOS cmihos@tintilaw.com o April 28, 2015 �' v r v Board of Appeals v City of Salem =' Co 93 Washington.Street Salem, MA 01970 w Re:Shetland Trust Approval of Zoning Application Dear Chair and Members, Enclosed please find Shetland Trust's Original Approval of Zoning Application("Application"), required checks for the Application fees, and nine copies of the Application to be filed with the City Clerk and Department of Planning and Community Development. The Application will be presented at the Board of Appeals meeting on May 20,2015. Please do not hesitate to call me if you should have any questions. Sincerely, Esq. � William F.Quinn, Esq. W FQ/cm m Enc. • TABLE OF CONTENTS 1. Petition Form 2. Statement of Hardship and History of Shetland Park 3. Consent Letter; Robert I. Lappin,Trustee of Shetland Trust,Approval of Zoning Application 4. Charter School Letter of Support and Charter School History 5. Site Plans 6. Salem News Request for Legal Notice and Check 7. Application Fees Attachment 1 CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS PBTPTION FORM CITY OF SALEM,MASSACHUSETTS ?m„ BOARD OF APPEALS 120 WASHINGTON STREET,3—FLOOR n SALEI,f,MASSACHUSETTS 01970 �CZHM Ot��;y o _J Thomas St Pierre,Director of Inspectional Semites i �n Phone:978-619-5641 /Fos 978-740-9846 rr*r m -o KmoERLEYDR1scoLL Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fos 978-740.0404 to TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at Shetland Park Address: 29 Congress Street Zoning District: Industrial An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Example: I am proposing to construct a 10'x 10'one story addition to my home locared ar 3 Salem Lane, in the R-2 Zoning District.The Zoning Ordinance requires the minimum depth of the rear yard to be 30 jeer. The current depth ojmy rear yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.) Owner Shetland Trust proposes to construct 184 ft, x 84 ft. (15,088 sf) single–story (23 ft. high) athletic and arts center for lease to Salem Academy Charter School, an existing tenant at Shetland Park. To be constructed on an an open paved area adjacent to existing parking garage adjacent to Pingree St. Ordinance requires minimum front yard depth of 30 feet and maximum lot coverage by all buildings of 459, which are not met by the proposal. For this reason I am requesting. 4.1.1 (Table of Dimensional Requirements) (X)Variance(s)from provisions of Section of the Zoning Ordinance,specifically from front yard depth and lot coverage ratio (i.e.minimum depth ofrearyard). What is allowed is 30' front yard depth and maximumo?sgft?stories? %?),andwhatI 45& lot coverage ratio ?sq ft?stories?%?). Applicant proposing 151 front yard width and51.8 % lot coverage ratio ( )A Special Permit under Section of the Zoning Ordinance in order to ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): /paved area of business and office park Current Property Use: Are Lot Dimensions Included?PI)Yes ( )No Why? (ti°T".TwaFamityPto;) See Site Plan Submitted The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: (q) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and strictures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;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. ( ) For all Special Permit requests a Statement of Grounds must be attached.An application for a special permit for a nonconforming use or structure shat l include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.Such a statement should include reference to the following criteria a) Social,economic or community needs served by the proposal; b) Traffic flow and safety,including parking and loading, c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage, e) Neighborhood character;and f) Potential fiscal impact, including impact on City tax base and employment. O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous applications to the Board of Appeals involving this property have been submitted with this petition form The Building Commissioner can provide documentation ofprevious applications to the petitioner or lus representative. Shetland Park Ifdifferentfrompedtioner Petitioner: John Kelly, Manager property Owner: Shetland Trust Address: 29 Congress Street Salem Address: 29 Congress Street Telephone: 978-740-4415 Telephone: 978-740-4415 Email: 11 @shetland .com Email: Signature: Signature: See Attached Letter (A ';d Date: �13lts nlatpbe) Date: April ` If differenefrompehWoner, - Representative: William F. Quinn Esq. A TRUE Address:. 27 Congress Street, Suite 414, Salem, MA ATTEST Telephone: 978-745-8065 ext. 110 Signature* illquinnlaw@gmail om — Date: /j' ZC!/ * Tinti, Quinn, Grover 6 Frey, P.C. CITY CLERK DATE DPCD DATE - Rds original application must be filed with the City Clerk Attachment 2 Statement of Hardship for Application of Shetland Trust Applicant Shetland Trust owns and operates a property that is unique in the City,the largest business and office park in Salem,consisting of about 1.5 million sf of interior space located within in several huge converted industrial buildings developed for heavy industry many years before zoning regulations were enacted in Salem, located on a parcel of about 29.12 acres of land along the Salem waterfront. Shetland is one of the highest payers of real estate taxes to the City of Salem. The age,construction and size of its buildings poses unique physical and financial challenges to it owner that have occasionally required seeing appropriate zoning relief from the City to enable Shetland to improve its buildings and site to meet modern market demand, and maintain its financial viability as a tax-paying entity. The site was originally developed for dense industrial uses by the Naumkeag Steam Cotton Company in the 1830s, and over 2,000 workers were at times employed there. Much of that facility was destroyed by the Great Salem Fire of 1914, but Naumkeag rebuilt most of the site into its present configuration of very large industrial buildings covering a great portion of the site, and operated there until about 1953. The current owner acquired the property in 1958, and has continuously endeavored to maintain and improve it as business and office space since. In more recent years,these efforts have gained momentum from the development of the nearby Pickering Wharf retail and residential project. Shetland currently houses numerous and mixed uses that employ about 2,000 people. However, because of its size,the age and design of its buildings, and its location which is remote from highway and rail access, Shetland faces strong and constant competition in the tenant market from newer developments in the region, including large projects like the Cummings Center in Beverly. The current application is a case in point where Shetland seeks relief from two dimensional limitations of the Salem Zoning Ordinance in order to overcome physical and financial hardships caused by the age,design and size of its buildings,to accommodate a modern user at the site. The Salem Academy Charter School is a tenant which has for about 8 years operated a highly successful Charter School, educating about 400 Salem and area students, in space it leases from Shetland. Because of its design and building density,Shetland has been unable to provide any significant outdoor recreational space for use by the School, and the students have needed to travel to Salem Common or other available public areas for its recreation activities. If it is to continue at Shetland,the School needs additional space for indoor athletics and programs in the arts. As a result,Shetland and the School have entered into a lease extension agreement to keep the School at Shetland for years to come, provided that Shetland can obtain the necessary zoning relief and constructs for the School's exclusive use the free-standing Athletic and Arts Center on the site near the School. The best, and really only viable location to construct this facility at Shetland is where proposed, immediately adjacent to the Shetland Parking Garage (constructed with ZBA approval in 1988)facing Pingree Street. The proposed set-back (front yard width) will be the same as the Parking Garage. This specific location not only serves the School well, but also allows the Shetland to locate the facility where it fits on its property and will not obstruct the business activities of other business tenants at Shetland. Specifically, Shetland is seeking two variances from the Ordinance's dimensional requirements, one to allow the structure to be built with its front 15 feet from Pingree Street (where the Ordinance requires a front yard width of 30 feet) and to allow it to further exceed the existing ratio of lot coverage by buildings by an additional 1.2 %. The age, size, location, condition and density of the existing industrial-age buildings on this lot are unique, and constitute a special condition affecting this lot which does not generally affect any other lands or structures in the same district. A literal enforcement of the dimensional provisions of the Ordinance would constitute a substantial hardship to the applicant, financial and otherwise, by preventing him from making reasonable use, economic and otherwise, of that portion of his property occupied by the School. As a matter of law in Massachusetts, dimensional variances may be granted at the Board's discretion on less strict factual and legal grounds than more serious requests for zoning relief. Here the existing educational use is not prohibited, and it serves the purpose of good public education in the City;the relief requested may,therefore, 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. Shetland Properties-A Brief History rags r Ui 4 Home I Ft=&Am iiez!Soace&Rmes I A out Us I Smail Business Cemer I Our La ion I Community I Tm imonials I CoMaca Uz The History of Shetland Park For over fifty years, Shetland Park has been a landmark on the Salem Harbor's waterfront. The site of this attractive property has had a long and noteworthy history, dating back 170 years. In 1839, the Naumkeag Steam Cotton Company erected a steam-operated textile plant in the port city of Salem, Massachusetts, on the site of what is now Shetland Park. The buildings were the first in America to be driven by steam rather than hydro power. Coal for powering the steam engines and materials for ongoing construction projects were stored on nearby Union (now Pickering) Wharf. Operations began in 1845 and the location of the facility along the waterfront proved efficient for both cotton manufacturing and shipping of the goods. The sheeting was sold under the brand name of Pequot, so the operation became known as the Pequot Mills. In its heyday, the facility produced more than 18 million yards of cotton and employed about 2,000 workers. The Great Salem Fire of 1914 destroyed much of the City of Salem, and the Pequot Mills was a casualty of that fire. The fire burned 253 acres and 1,376 buildings, covering an area 1 1/2 miles long by 1/2 mile wide and resulting in almost 20,000 people homeless and 10,000 out of work_ To its credit, the Naumkeag Steam Cotton Company began to rebuild the site almost immediately, and the buildings that were reconstructed after the fire were made of state of the art steel-reinforced concrete structural systems. The Naumkeag Steam Cotton Company remained in operation on this site until 1953, when it moved to South Carolina to take advantage of a cheaper labor market. In 1958, Robert I. Lappin, owner of The Shetland Company, a manufacturer of small home appliances, purchased the property from Zeckendorf & Company, a major New York real estate company. Seventy-five percent of the buildings were vacant at the time, and Mr. Lappin moved The Shetland Company from its Lynn location into 200,000 square feet, renaming the 1,500,000 square-foot property Shetland Industrial Park. In 1980, made possible by the development of Pickering Wharf, Shetland began to convert industrial space into office space, installing large bay windows to take advantage of the wonderful harbor views. Development and upgrading of the buildings continued, and the property has become a thriving mixed-use facility, now known as Shetland Park. Approximately 89 tenants, who employ about 2,000 people, presently lease space within the park. Two of these tenants have been in the park for almost 50 years (Crystal Systems and EG&G (PerkinElmer)). http://www.shetlandpark.conVhistory.htm 2/18/2010 Shetland Properties-A Brief History rage z of z Shetland Park currently houses a number of State agencies: The Department of Transitional Assistance, the Department of Social Services, the Massachusetts Juvenile Court, the Department of Revenue, the Massachusetts Rehabilitation Commission and the Registry of Deeds for Southern Essex County. In 2008, Shetland Park celebrated its 50th anniversary of ownership and management of the property. It is among the most financially solid real estate companies in the United States. Shetland's objective for half a century has been to maintain the highest level of excellence for the satisfaction of our tenants. We believe that we have been highly successful in that regard, and intend to continue to strive for that ideal. Our Hallmark: Satisfied Tenants Shetland Park 27 Congress Street, Salem, MA 01970 Phone: 978-744-0556 Fax: 978-744-2078 info@shetlandpark com http://www.shetlandpark.com/history,htm 2/18/2010 Attachment 3 Shetland Trust 29 Congress Street Salem, MA 01970 April 10, 2015 City of Salem Board of Appeals 120 Washington Street Salem, MA 01970 RE: Zoning Application of Shetland Trust Dear Chair and Members: This letter is to inforni you that as Trustee of Shetland Trust, I have authorized Shetland Park Manager John Kelly to file the accompanying application of Shetland Trust for the necessary zoning relief to construct the Athletic and Arts center for Salem Academy Charter School. We appreciate your attention to this matter. Very truly yours, Robert I. Lappin, Trustee Shetland Trust . Attachment 4 Salem academy 1 A ! • CHARIHI SCHOOL 45 congress street salem, ma 01970 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 salem ffacademy ■ ■ ■ • CHARTER SCHOOL 45 congress street ■ salem, ma 07970 ■ 978.744.2705 ■ www.salemacademycs.org April 23,2015 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: The Salem Academy Charter School has executed Amendment No.7 to Lease No.4415A ("Amendment') with Shetland Trust. Upon construction of a Gymnasium Building,this Amendment extends the term of the original lease and various amendments for a period of fifteen(15) years. The Salem Academy Charter School is in full support of this Application to the Zoning Board of Appeals, as we have outgrown our current facility and need the additional space in order to continue to help the youth of Salem succeed and prosper in their future endeavors. Sincerely, 1 Sean O'Neil Executive Director salem acad&rry e ■ ■ • CHARTER SCHOOL 45 congress street u salem, ma 07970 ■ 978.744.2905 ■ www.salemacademycs.org April 23,2015 City of Salem Board of Appeals 120 Washington Street Salem, Massachusetts 01970 Re: Zoning Application of Shetland Trust Dear Chair and Members: The Salem Academy Charter School has executed Amendment No. 7 to Lease No. 4415A ("Amendment")with Shetland Trust. Upon construction of a Gymnasium Building, this Amendment extends the term of the original lease and various amendments for a period of fifteen(15) years. The Salem Academy Charter School is in full support of this Application to the Zoning Board of Appeals, as we have outgrown our current facility and need the additional space in order to continue to help the youth of Salem succeed and prosper in their future endeavors. Sincerely, ��— C, Sean O'Neil Executive Director 4/912015 About I Salem Academy Charter Schod HOME(HTTP://WWW.SALEMACADEMYCS.ORG) / ABOUT About Mission Statement: Through a unique integration of college preparatory classes with service to the community, Salem Academy's mission is ry . to graduate informed, articulate, and E proactive individuals of strong character. p t r, Salem Academy Charter School opened its doors to sixth and seventh graders in September 2004 with the promise to serve the diverse population of Salem. Through a unique integration of college preparatory classes with service to the community, Salem Academy's mission is to graduate informed, articulate, and proactive individuals of strong character. Today, Salem Academy has 372 students in grades six through twelve. Salem Academy believes that every student is capable of success when held to high expectations and provided with structure and consistency. The school community is based on mutual respect and thoughtful relationships, and stu*r jjA&gpj9couraged to pursue hrpJAr salemacademym.orglaboW 115 4/9/2015 About I Salem Academy Charter School school norms defined as REACH - Responsible, Empathetic, Assertive, Cooperative, Honest. Salem Academy is located in Shetland Park at 45 Congress Street, a waterfront complex flanked on one side by the residential Point Neighborhood and on the other side by the attractions of Pickering Wharf. Students of Salem Academy are from Salem and its surrounding communities. An extended day attracts students for an early morning breakfast followed at 8:30 a.m. by a full schedule of academic classes and enrichment programs until 4:00 p.m. and then after school tutoring, activities, and athletics. An extended school year, from late August to the end of June, allows Salem Academy students to master a wide range of academic skills and to become immersed in community service projects that give real life meaning to their academic work as well as help them to develop a sense of civic responsibility. Salem Academy welcomes parents and guardians as partners in the educational process by providing daily access to the school's web-based information management system and following their children's progress as well as confer with teachers regularly. Salem Academy is governed by an independent Board of Trustees and is held accountable by the Massachusetts Department of Education. With a track record of impressive growth, demonstrated success, high MCAS scores, and financial viability, Salem Academy is pleased to have become a school of choice in Salem. Welcome to Salem Academy Charter School! Salem Academy Charter School is a small, public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. AddreSS 45 Congress St.Salem,MA 01970 Phone (978)744-2105 _I Salem Academy Charter School View on Google Maps "r f httpJ/www.salemacademycs.org/aoout/ 215 4192015 EmIlmed I Salem Academy Charter School HOME(HTTP:/AVM.SALEMACADEMYCS.ORG) / ENROLLMENT Enrollment Salem Academy Charter School is an independent, public, college preparatory school serving 372 students in grades six through twelve. Through a unique integration of college preparatory classes with service to the community, Salem Academy graduates informed, articulate, and proactive individuals of strong character. Ranked the Best Charter School in Boston by Boston Magazine in Fall 2012, and the 5th Best High School in Massachusetts by U.S. News and World Report in Spring 2013, Salem Academy is proud also to have been named a Level One school by the Massachusetts Department of Elementary and Secondary Schools for the second year in a row. Salem Academy Charter School welcomes all students regardless of academic proficiency, special needs, English language development, or any other factors that may put students at risk of success. There is no tuition, and enrollment is open to all on a lottery basis as space permits. Preference is given to siblings of currently attending students, Salem residents, and then non-Salem residents. Founded to serve the diverse population of Salem, Salem Academy Charter School's population is 47°% white, 34% Hispanic, 12% African American, 5 % Asian; and 1.5% multi- racial. This school community includes Christian,Jewish, and Muslim students; and it includes gay, straight, and bisexual students. Salem Academy Charter School has set a priority on the creation of a school culture that celebrateyr&gtg*�,,¢upports learning, hV:Ih zalemacadernym.o g+admisslore 115 4192015 Errollmerd I Salan Academy Charter School applauds success, and guarantees the physical, psychological, and emotional safety of its students. Salem Academy believes that every student is capable of success when held to high expectations and provided with structure, support, and consistency. Salem Academy offers a standards based, college preparatory academic program enhanced by honors level and Advanced Placement courses in the Upper School. Academic prep learning center classes are provided for small groups of students who need extra help in specific subject areas. An extensive special education program supports students with Individualized Education Plans, and the academic staff includes two full time licensed ELL teachers. Most classroom teachers are RETELL trained as well. Art, music, physical education, and health are required elements of the program. Salem Academy competes in the Massachusetts Charter School Athletic Organization and supports a variety of extracurricular and after school activities. Salem Academy is located in Shetland Park, convenient to the residential Point Neighborhood and to the attractions of Pickering Wharf and the historic downtown area. An extended day and extended year allow for a full schedule of academic classes, enrichment programs, and the school's signature Service Learning programs engaging students in structured community service projects that apply academic pursuit to actual practice. With a track record of impressive growth, demonstrated success, high MCAS scores, and financial viability, Salem Academy is pleased to be a school of choice in Salem. Welcome to Salem Academy charter School! Salem Academy Charter School is a small,public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. htIpJ/www.salemacademycs.mgfadmissions! 2f5 4IW2015 Emdlm W I Salem Academy Charter School Address 45 Congress St.Salem, MA 01970 Phone (978)744-2105 Salem Academy Charter School View on Google Maps SalemAcademy Charier School (ia Harbor St .t `w St st P,17�r F:i.M j. 7 R5 Ma Re ort.a`"ma - About Parent Info (http://www.salemacademycs.org/abouts (http://www.salemacademycs.org/parent- OurCharter(http://www.salemacademycs.org/abouUour-charter/) information/) Faculty&Staff(http://www.salemacademycs.org/about/faculty- Health and Emergency Information staff)) (http://www.salemacademycs.org/family-resources- Board of Trustees(http://www.salemacademycs.org/about/board- information/policies)) of-trustees)) Student Handbook(http:/Aw✓w.salemacademycs.org/family- Agenda&Minutes(hrtp://www.salemacademycs.org/abouUboard- resources-information/student-handbook)) of-trustees/agenda-minutes)) Forms and Permissions(http://www.salemacademycs.org/family- resou rtes-information/forms-permissions)) Annual Reports(http://www.salemacademycs.org/about/annual- Bullying Prevention&Intervention Plan report-card)) (http://www.salemacademycs.org/family-resources- School Profile(http://www.salemacademycs.org/abouUschool- information/bull)ing-prevention-intervention-plan)) profile)) The SFC(School Family Community) Awards&Recognition (http://www.salemacademycs.org/family-resources-information/sfc- (http://www.salemacademycs.org/aboLiUawards-fecognitionn school-family-communiryn Salem Academy Store The PAC(Parent Advisory Committee) (http://www.salemacademycs.org/about/sioreq (http://www.salemacademycs.org/family-resources-information/p-c- Contact Us(http://www.salemacademycs.org/about/contaaq Parent-advisory-committee)) Employment(http://wwwsalemacademycs.org/aboWemployment/) Transportation(http:/Iwww.salemacademycs.org/family-resources- http:/Ak"-saia amciunycs.org+admissionsl 35 4!92015 Oar C harter I Salem Academy Charter School HOME(HTTP://wwW.SALEMACADEMYCS.ORG) / ABOUT(HTTP:/AMNW.SALEMACADEMYCS.ORG/ABOUTI / OUR CHARTER Our Charter What is a Charter School? Massachusetts Commonwealth Charter Schools are independently managed public schools that operate under a five-year charter granted by the Massachusetts Board of Education. Parents, teachers, non-profit organizations, community leaders, or others may start one of these schools. Charter schools have the freedom to organize around a core mission, curriculum, theme, or teaching method, and are allowed to control their own budgets and hire (and fire)teachers and staff. In return for this freedom, a charter school must demonstrate strong academic results within five years or their charter will not be renewed. Salem Academy Charter School is a member of the Massachusetts Charter Public School Association ("MCPSA"). For more information about MCPSA, please click on this link: MassCharterSchool.Org (http://www.MassCharterSchools.org) Salem Academy Charter School Charter Renewal 2014 (http://www.sa lemacademycs.org/wp-content/uploads/jan20l4-B ESE-memo- delegated-charter-school-renewals-FINAI.pdf) Translate » hWMn .salemacadenycs.orgtboWl -charter! 114 4WO15 Ois charter I Salem Academy Charter Schod Salem Academy Charter School Summary of Review January 2014 (http://www.salemacademycs.orgfwp-content/uploads/Salem-Academy-SO R- FINAL.pdf) Salem Academy Charter School Renewal Letter January 31, 2014 (http://www.sa lemacademycs.o rg/wp-content/uploads/Official-SACS-renewal-itr- 1-31-14.pdf) Salem Academy Charter School Renewal Inspection Report November 23, 2013 (http://www.salemacademycs.orgtwp-content/uploads/Salem-Final-Renewal- Inspection-Report-11-23-13.pdf) Welcome to Salem Academy Charter School! Salem Academy Charter School is a small,public charter school serving the diverse student population of Salem and the surrounding communities with grades six through twelve. Address 45 Congress St.Salem,MA 01970 Phone (973)744-2105 Salem Academy Charter School 9ft: View on Google Maps Salem Academy tttrrtar5t Charter School 14. 4 'v South p tw r 1 . htpJN~v alenacademycs.mgrabaNar-drarterr 24 Attachment 5 LOT AREA = 29A2facres = 1,268,500±SF rn EXISTING BUILDING COVERAGE =641,00D357 v EXISTING PERCENT BUILDING COVERAGE = 50.55 J PROPOSED BUILDING REF PROPOSED TOTAL BUILDING COVERAGE 656, PROPOSED PERCENT BUILDNG COVERAGE 51.8% iaa peObaOY - :\ Riler Word y HOrbor y � �l+lch STS 1 l Q11 v v a/ 5 Ilal I aoremenl .. Proposed Salem Academy D Athletic and Art Center ill 15.600±5' / r Salem Harbor P II e Polm.— Proposed 20 parking spaces a E Ce°y f SIr k 1 i�.. GRAPHIC SCALE ( A FEE ) . . - pownent !` 1 incF 150 R j: 1'. Nate: this plan is o compilation of field - survey (for the portion near the proposed '- building) and a site plan provided by R.Rumpf i & Associates, Inc dated March 27. 2015. - LOCUS SITE PLAN OF LAND 47 CONGRESS STREET tt NOSE TRR5 STTE PLAN IS NOT FOR,CONSTRUCTION, SALEM t- TI➢S PCAN 6 FOR,PER IKG PURPOSPS ONLY. PROPERTY OF a,w SHETLAND TRUST SCALE 1' = 150' SHEET 1 OF 2 APRIL 26, 2015 g even ux aAa i. NORTH SHORE SURVEY CORPORATION X. rA1 9MiTR 14 13RO`N ST. — SALEM, MA $ ym> xo.wa (978) 744-4800 PATRONACZ LAND DEVELOPMENT ENGINEERING 14 BROWN ST. — SALEM, MA Jt ii.�,a (978) 836-6♦00 #4000 1f EXISTING PARKING GARAGE lij I5' II h y - PROPOSED - 'SALIM ACADEMY ATHLETIC.%'AND:ART ' ; CENTER' AREA­ 15;600 15;600 } S-F. o _2 Q _ IS x EXISTING COMMERCIAL BUILDING {A4 { 6 V y � 3iy pod n �✓uV� GAIL I s SMI y♦; < 4 i ��JCv7� ZONING DISTRICT — I ,ZONING BOARD OF APPEALS PLAN PaoPoseo 47 CONGRESS STREET REQUIRED BUILDING SALEM FRONT 30 15' PROPERTY OF SIDE 30 IN EXCESS OF 30' SHETLAND TRUST REAR 30 IN EXCESS OF 30' SCALE 1' = 40' SHEET 2 OF 2 APRIL 25. 2015 BLDG. HEIGHT 45 71'} NORTH SHORE SURVEY CORPORATION - 14 BROWN STREET — SALEM, MA - LOT COVERAGE 45R 51.8% 978-744-4800 0 40 80 ® #4000 Erin Schaeffer From: steve.palmer@agilent.com Sent: Wednesday, May 20, 2015 4:52 PM To: Erin Schaeffer Cc: soneil@salemacademycs.org Subject: Salem Academy Arts and Athletic Center Hello Erin, I'd like to convey my considered and heartfelt support for Salem Academy's planned Arts and Athletic Center project at Shetland Properties. As a parent of former students,Trustee, and former Board Chair, I can testify to the foundational nature of this project with respect to the future of the school and to the educational experience of the thousands of students we plan to prepare for life in the next few decades. Salem Academy has created an exceptional track record in meeting our goals for academic excellence. We are extremely proud of that record. As successful organizations do, we have celebrated our successes while remaining focused on filling strategic gaps, improving our organization and the experience we offer students, and fulfilling our mission in the truest sense. Our strategic planning process has consistently identified as high priority the development of facilities to enable the rich experience, including arts and athletics,that we believe helps students develop fully and become successful adults. This project is the result of several years of visioning, consultation,feasibility assessment, and program definition. I firmly believe that the new Center as planned will help us realize new goals for the school and for the many students who will learn and grow in those classes, games, practices, performances, rehearsals, and community meetings. I am also excited to consider the many family and community members who can come and witness,or even take part in,the milestones of growth our students will enjoy when the Center becomes a part of the school. I hope that we can satisfy this important licensing requirement, and continue to move toward realization of a significant development for Salem Academy and for Salem as a whole. Thanks very much for your consideration. Walter Stevenson Palmer(Steve) Trustee, Salem Academy Charter School Manager, Marketing Communications, Americas Vacuum Products Division Agilent Technologies 121 Hartwell Avenue Lexington, MA 02421 steve.palmer@agilent.com phone: 781860 5426 cell:978 918 4035 • i . t INSTRUCTIONS FOR DISCLOSURE BY STATE, COUNTY OR MUNICIPAL EMPLOYEE AS REQUIRED BY G. L. c. 268A, § 23(b)(3) APPEARANCE OF FAVORITISM OR INFLUENCE WHEN TO USE THIS DISCLOSURE FORM You are expected to perform official duties as a state, county or municipal employee. A reasonable person could conclude that someone can unduly enjoy your favor or improperly influence you when you perform your official duties, or that you are likely to act or fail to act as a result of kinship or the rank, position or undue influence of some party or person. For example, you have a relationship or affiliation with a person or organization that is a party, or represents a party, or may be affected by your official actions, or takes a public stance about those actions or the outcome. Taking this affiliation or relationship into account, you have concluded that you can be fair and objective when you perform your official duties. Before you perform your official duties, you must file a§23(b)(3)disclosure. For example,you should file a§23(b)(3)disclosure under the following circumstances: - You will perform official duties in a situation that involves or affects non-immediate family members (e.g., a grandparent, aunt, uncle, cousin, niece or nephew), close friends, former or present colleagues or customers, or professionals with whom you have a business relationship. - You are a member or leader of a trade association or a civic organization, and the association or organization has an interest in the public work you will do. - You are an officer, director, trustee, partner or employee of a non-profit organization which is not a business organization, and the non-profit has an interest that will be affected when you perform your official duties. It may be helpful to include the following Information in your disclosure: - The nature of the official duties you are supposed to perform; - The nature of the issue that is coming before you for action or decision; - Your relationship or affiliation with a person or organization involved; - Facts that would indicate that you would not show undue favor toward the person or be improperly influenced by the person or organization, or that you would not be likely to act or fail to act as a result of kinship or the rank, position or undue influence of a party or person. In the disclosure, you must state that you feel you can be fair and objective when you perform your official duties,taking into account the involvement of the person or organization you identified. If you feel that you cannot perform your duties fairly and objectively because of an affiliation or relationship you have with someone involved, you should voluntarily recuse yourself. FILING THE DISCLOSURE Complete the disclosure below. If you are a non-elected public employee, file the disclosure with your appointing authority. After you file the disclosure, you do not need authorization from your appointing authority before you perform your official duties. If you are an elected public employee, file the disclosure in a public manner as instructed at the bottom of the disclosure below. OTHER 6 23(b)(3) DISCLOSURES Pursuant to regulations, there are other specific disclosure forms to report the following types of gifts in accordance with §23(b)(3): - Gifts unrelated to your official action, position or duties—930 CMR 5.06; - Travel expenses—930 CMR 5.08(2)(d)4; - In-state travel for educational purposes—930 CMR 5.08(2)(e); - Honorary degrees—930 CMR 5.08(5); - Awards for meritorious public service or lifetime achievement—930 CMR 5.08(6). If you receive gifts of these types, these regulations require you to file a disclosure if a particular matter regarding a giver came before you within six months before you accepted the gift and/or within six months after you accepted the gift. Please review the instructions for the disclosure you need. If you need advice about completing the disclosure, please call the Attorney of the Day at(617) 371-9500 or e-mail the State Ethics Commission at oainionsOeth.state.ma.us. Form revised July, 2012 DISCLOSURE OF APPEARANCE OF CONFLICT OF INTEREST AS REQUIRED BY G. L. c. 268A, § 23(b)(3) PUBLIC EMPLOYEE INFORMATION Name of public employee: 1 I .,RmEs 6 ►t�ac�c�l� Title or Position: ZG A 14.0- Agency/Department: ZBP Agency address: Office Phone: Office E-mail: In my capacity as a state,county or municipal employee, I am expected to take certain actions in the performance of my official duties. Under the circumstances,a reasonable person could conclude that a person or organization could unduly enjoy my favor or improperly influence me when I perform my official duties,or that I am likely to act or fail to act as a result of kinship, rank, position or undue influence of a party or person. I am filing this disclosure to disclose the facts about this relationship or affiliation and to dispel the appearance of a conflict of interest. APPEARANCE OF FAVORITISM OR INFLUENCE Describe the issue that is coming before U Fut �u6Wiu� I ocat�D �" LQ Gc�uGR.ss Sr g Anc you for action or decision. What responsibility VoTutq ny�h t�! a— do you have for taking action or making a decision? Explain your relationship or �rRa va [ F+2s ut 6 S r�ae�T affiliation to the person or organization. How do your official jJo ue actions or decision matter to the person or organization? Optional: Additional W�KQ sav is 'K uor facts—e.g., why Iry q rw! 8'y 6raa r ?y R?r�vDM/(r there is a low risk of Scsr} id -riv pct. -r4vu r% a No A4W !sl+kD(s$s a� Vow undue favoritism or improper influence. WRITE AN X TO CONFIRM THE STATEMENT BELOW. If you cannot confirm this statement, Taking into account the facts that I have disclosed above, I feel that I can perform my you should official duties objectively and fairly. recuse yourself. Employee signature: ate.. Date: Attach additional pages if necessary. Not elected to your public position—file with your appointing authority. Elected state or county employees—file with the State Ethics Commission. Members of the General Court—file with the House or Senate clerk or the State Ethics Commission. Elected municipal employee—file with the City Clerk or Town Clerk. Elected regional school committee member—file with the clerk or secretary of the committee. i Form revised July, 2012 s LOT AREA = 29.12tacres = 1,268,500±SF 6 EXISTING BUILDING COVERAGE =641,OOO±SF EXISTING PERCENT BUILDING COVERAGE = 50.5% L m PROPOSED BUILDING = 15,600±SF J entrance SaUPROPOSED TOTAL BUILDING COVERAGE = 656,600±SF t PROPOSED PERCENT BUILDING COVERAGE = 51.8% r jOeabaa WordSt Pa eme t /��� Harbor `sP /000i�a000iiii St qj Pavement ° k ; entrance �����/ \ h St\ j/ pavement Proposed Salem Academy Athletic and Art Center % j _- 15,600tSF - Salem Harbor j oiaioiio���j Pa r reet j Proposed 20 parking spaces � aoi/ � I _ o / j CeaV t stre�,t entrance GRAPHIC SCALE 0 150 0 75 150 IN FEET ) v pavement 1 inch = 150 ft. Note: this plan is .a compilation of field survey (for the portion near the proposed building) and a site plan provided by R.Rumpf & Associates, Inc dated March 27, 2015. LOCUS SITE PLAN OF LAND 47 CONGRESS STREET NOTE: THIS SITE PLAN IS NOT FOR CONSTRUCTION, - SALEM THIS PLAN IS FOR PERMITTING P PROPERTY OF ���LSFI OF,nj&S APR 23 � SHETLAND TRUST �N OF Mass d, °yc ���� SCALE 1" = 150' SHEET 1 OF 2 APRIL 26, 2015 scoTTuw 9O GAIL` acrr. NORTH SHORE SURVEY CORPORATION e s O w PATROWICZ o SMITH o CML ti q No asoma 14 BROWN ST. — SALEM, MA ft 33656 N P 5 TF (978) 744-4800 9RQ� PCO c�F��F�isR�° �° s, PATROWICZ LAND DEVELOPMENT ENGINEERING 14 BROWN ST. — SALEM, MA (978) 836-6400 #4000 r EXISTING PARKING GARAGE 15, lg• L N /4j— PROPOSED SALEM ACADEMY ATHLETIC AND ART CENTER AREA 15,600 t S.F. _o 'V EXISTING' COMMERCIAL BUILDING U a� G7 2 a� conc. ° pad ,x rn I O N FO���P�'(H OF M'SS9C1 GAIL L. m ° SMITH NO.35043 ti 9 POT PF O °� Fsy, GISTERE f' ,O/vv/gl LANO 5 ZONING DISTRICT - I . ZONING BOARD OF APPEALS PLAN PROPOSED 47 CONGRESS STREET REQUIRED BUILDING SALEM FRONT 30 15' PROPERTY OF SIDE 30 IN EXCESS OF 30' SHETLAND TRUST REAR 30 IN EXCESS OF 30' %r 213 SCALE 1" = 40' SHEET 2 OF 2 APRIL 25, 2015 Pz BLDG. HEIGHT 45 31't NORTH SHORE SURVEY CORPORATION C��.`•� ,'� J LOT COVERAGE 45% 1 51.8% 14 BROWN STREET — SALEM, MA 978-744-4800 0 40 80 #4000