50 ESSEX STREET - ZBA d G
- 50 ESSEX STREET (R-2)
- -- PHILIP SINGLETON
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DECISION OF THE PETITION OF JOHN R. KEILTY, ESQUIRE REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 50 ESSEX STREET (R-2 )
A hearing on this petition was held December 11, 1996 with the following
Board members present: Gary Barrett; Chairman, Nina Cohen, Richard Dionne,
Albert Hill and Paul Valaskatgis. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, requests a Variance to convert the property to four (4)
residential condominium units for the located at 50 Essex Street.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Property is currently owned by the City of Salem, and formerly housed
the Salem East Branch Library.
2. The property sits on the edge of the Salem Common National Historic
District and has been vacant for a considerable length of time, causing
it to fall into a state of fatal disrepair.
3. The petitioner Salem East Branch Library Associates is comprised of
Philip Singleton and Matt Anderson Freeman Associated Architects.
4. Petitioner proposes to convert the existing structure into a four
(4) residential condominium units in a R-2 zone, and thus require a
Variance.
5. The petitioners will use the now existing footprint of the building and
there will not be further dimensional non-conformity caused by any new
construction.
6. The only proposed exterior changes to the existing structure would be
the construction of one exterior entrance way and the construction of
a roof deck.
7. As part of the sale of the property the petitioners, the City will
retain an easement for a pedestrian walkway from Essex St. to Forrest
Street.
DECISION OF THE PETITION OF JOHN R. KEILTY, ESQUIRE REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 50 ESSEX STREET (R-2)
page two
8 . The City and petitioners will also enter into a Deed of Facade Easement
Agreement which will provide the Salem Historical Commission with
design review over exterior alteration to the building.
9. The petitioners have agreed to provide an exclusive parking easement
to the abutters at 8 and 12 Forrester Street, providing each with
one dedicated parking space.
10. The petitioners have agreed to construct a fence along the property
line of the abutting properties located at 8 5 12 Forrester St. The
fence along the Parr property (8 Forrester St) will start toward the
rear of the Parr property in order to allow cars parked to utilize a
swing area to exist the parking areas.
11. The petitioners have agreed to consult the Parr's (8 Forrester St. )
and the Chionards ( 12 Forrester St. ) to discuss the design of the
respective fences along their property line.
12. City Planner Craig L. Wheeler submitted a letter dated December 2, 1996
in support of the petition.
13. Michael Parr, 8 Forrester St. , spoke in favor of the petition.
14. There was no opposition to the petition.
15. The petitioners expressed a willingness to seek the design advice of
the Historical Commission with respect to the appropriateness of
designs.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions submitted to
and approved per the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with
the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner -is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
DECISION OF THE PETITION OF JOHN R. KEILTY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 50 ESSEX STREET (R-2 )
page three
8 . The petitioners agree to enter into a Deed of Facade Easement
Agreement to provide the Historical Commission with design review
over exterior alteration to the building, and agree to seek design
advice from the Commission for fence design.
9 . Petitioners agree to construct a fence along the property line of the
abutting property owned by the Parrs at 8 Forrester St. and the
Chionards at 12 Forrester Street. The location of said fences shall be
in the approximate location as reflected on the plans submitted to
the Board dated September 11, 1996.
10. Petitioners agree to provide exclusive parking easements to the owners
of the properties located at 8 & 12 Forrester St. respectively
providing one designated parking space for each of said properties.
Variance Granted
December 11, 1996
ac
Gary Barrett, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter &OA, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Essex Registry of Deeds and indexed under the name of the owner of record
or is recorded and noted on the owner's Certificate of TiPen:=o
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Board of Appeal r —
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Sent by: KEILTY LAW OFFICES 508 531 7900 11 /21 /96 3:08 Job 352 Page 2/2
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
CRAIG L.WHEELER r
City Planner ONE SALEM GREEN
01970
(508)745-9595 Ext.311
Fax(508)740-0404
November 12, 1996
Philip S. Singleton
Salem East Branch Library Associates
1348 Cambridge St.,
Cambridge,MA 02139
Dear Mr. Singleton:
This letter serves as written notice that the City of Salem has accepted your proposal to redevelop the Last
Branch Library into condominiums. As stipulated in the Request for Proposals,ultimate sale and development is based
on the execution of a "Contract for the Sale of Land and Building for Private Development" with the City of Salem.
Such contract must be executed within 45 days of this written notice. A copy of a draft Contract was provided to you
several weeks ago. Please have your attorney review and comment as soon as possible.
As part of the negotiation process,we acknowledge(hat you have agreed to reduce the number of units from
five to four. In exchange, you proposed to reduce the purchase price from $40,000 to$32,000. This offer seems
reasonable and 1 have recommended that City Councillor Regina Flynn introduce the City Council Order that will allow
the Mayor to enter into the contract.
Further conditions of sale will include that the City hold an easement on the area of the property which is
currently a pedestrian walkway from Essex Street to Forrester Street and that any and all closing costs are paid for by
the Buyer.
In addition, within 90 days of this notice you must:
• Receive all necessary approvals from the Board of Appeal;and
• Obtain firm commitments for financing.
During this time,the Salem Planning Department will:
• Prepare the easement documentation;
• Begin arrangements for the removal of the underground oil storage tank;
• Schedule this issue for the next available City Council meeting;and
• Remove the Civil Defense items stored on site.
Thank you for your interest in the development of the East Branch Library,
Sincerely,
it� WLr
Craig L. Wheeler
City Planner
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
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CRAIG L.WHEELER iL ONE SALEM GREEN
City Planner 01970
" /�o (508)745-9595 Ext.311
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- ,��ev�'� Fax(508)740-0404
December 2, 1996
Gary Barrett, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
RE: 50 Essex Street
Dear Chairman Barrette:
The building at 50 Essex Street is a single story structure built between 85 and 145 years ago. It
was previously used as an elementary school and then a library. The structure is located in an R-2 zone
and is located with the Salem Common National Register District. It has been vacant and neglected for
several years and its structural value is that of a"shell" with virtually all of the finishes and mechanical
systems in need of replacement. Most of the finishes have been ruined by the building's long vacancy
and/or its being exposed to a great deal of leaking water from the roof. The roof has leaked for several '
years causing the ceilings,walls and floor finishes to be destroyed. The structure has had some vandalism,
and suffers from deferred maintenance. The structure is considered to be in poor to fair condition overall
but appears to be structurally sound in terms of the exterior walls and foundation. However, it is feared
that the roof will not survive the oncoming Winter.
In 1989,the City of Salem advertised and received three proposals to purchase the property. The
proposals ranged in offers from $1 to $135,000. They were all rejected by the City Council because, at
the time,the City Council was seeking $190,000. This was based upon an appraisal which estimated fair
market value at $557,000 and a second appraisal which estimated the fair market value at $65,000. In
November, 1994,the City re-advertised and received one proposal from Salem Planetarium for$1. The
City and the Salem Planetarium were unable to come to contract terms within required time frame and the
property was re-advertised in November, 1995. Again the City received one proposal, this time for $800
to renovate the building into a single family home. However, the proposer withdrew to purchase another
property. In April, 1996,the City completed another appraisal which estimated the present market value
at$23,000 for two residential condominiums (plus the cost of the underground oil tank removal ) and in
September re-advertised for the sale of the property. The City received one proposal from Salem East
Branch Library Associates for $40,000 to construct five residential condominiums. In negotiations with
the proposed developer, the City was able to reduce the number of units to four (with a price reduction to
$32,000).
The Salem East Branch Library Associates development team consists of Philip Singleton and Platt
Anderson Freeman Associated Architects. Mr. Singleton has developed over 345 condominium units in
14 separate projects, four of which are located in Salem (Park Street Church, One Broad Street, Pickering
North& Bowditch School).
The City of Salem has tried, for seven years, to put this property on its tax rolls. Mr. Singleton's
proposal will generate approximately $2400 per unit per year in tax revenue while promoting home
ownership. There is ample on site parking and, in the most recent appraisal completed, it was noted that
the Essex Street side of the property has a number of multi-family buildings which average about 4-6
dwelling units per building,while the Forrester Street neighborhood contains two to four family dwellings
that are historic in nature. As part of the Contract for Sale of Building and Land,the City will require that
the developer enter into a Deed of Facade Easement Agreement. This will provide the Salem Historical
Commission with design review over exterior alterations to the building in perpetuity.
Due to the building's deteriorating condition,the reality of the fair market value of the building,
the long history of trying to dispose of the property and the proposed developers experience in the
conversion of public buildings to residential condominiums, I feel that this is a viable proposal that will
have a positive impact on the surrounding neighborhood. I support the petition being presented by Atty.
John Keilty for a variance to convert the property to four residential condominium units and urge your
approval.
Thank you for your consideration.
Sincerely,
Craig L. Wheeler
City Planner
JOHN R. KEILTY. COUNSELOR AT LAW
40 LOWELL STREET TELEPHONE (508) 531-7900
PEABODY, MA 01960 FACSIMILE (508) 531-2479
March 20, 1997
Board of Appeals
City of Salem
I Salem Green
Salem, MA 01970
Attn: Gary Barrett
RE: 50 ESSEX STREET, SALEM, MASSACHUSETTS
Dear Mr. Barrett:
Enclosed please find a copy of the Decision of the Board of Appeals.
Please note that the 7'Finding of Fact indicates that"As part of the sale of the property
the petitioners,the City will retain an easement for a pedestrian walkway from Essex St. to
Forrest Street". Please note that that was not done as part of the Decision of the Planning
Department.
I do not think that it is particularly material since it is not a condition of the Variance,
however, I would like this letter entered upon the record.
Very truly yours,
dR. Keilty,Esquire
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FOR
ITHEHPROPERTY PLOCATED AT 50 ESSEXETITION OF JOHN R &STREET' (RRTY Q2;RE REQUESTING A VARIANCE
A hearing on this petitibn was held December 11, 1996 with the following
Board members present: Gary Barrett; Chairman, Nina Cohen, Richard Dionne,
Albert Hill and Paul Valaskatgis. Notice of the hearing was sent to
abutters and others and notices of the hearing were properly published in
the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, requests a Variance to convert the property to four (4)
residential condominium units for the located at 50 Essex Street.
The Variance which has been requested may be granted upon a finding of this
Board that;
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, of structures in the same district.
2. Literal enforcement of the provisions of the Zoning ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
ipublic good nullifying or
Ordinance.
nrogation from the
intent thedistrictorthepurpose of
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Property is currently owned by the City of Salem, and formerly housed
the Salem East Branch Library.
2. The property sits on the edge of the Salem Common National Historic
District and has been vacant for a considerable length of time, causing
it to fall into a state of fatal disrepair.
3. The petitioner Salem East Branch Library.Associates is comprised of
Philip Singleton and Hatt Anderson Freeman Associated Architects.
4. Petitioner proposes to convert the existing structure into a four
(4) residential condominium units in a R-2 zone, and thus require a
Variance.
5
theree
ewill not sbeifurther ll use tdimensionalhe ntnon-conformity caused ing footrint of the bbylany gd
new
construction.
6. The only proposed eAterior changes to the existing structure would e
the construction of one exterior entrance way and the construction of
a roof deck. will
7 retain anfcasement r athe saof hpedestrian walkertthe wayYfromeEsshexSt. to Forrest
Street.
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GK 13973 FG 512
DECISION OF THE PETITION OF JOHN R. KEILTY, ESQUIRE REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 50 ESSEX STREET (R-2)
page two
8. The City and petitioners will also enter into a Deed of Facade Easement
Agreement which will provide the Salem Historical Commission with
design review over'agterior alteration to the building.
9. The petitioners have agreed to provide an exclusive parking easement
to the abutters at 8 and 12 Forrester Street, providing each with
one dedicated parking space.
10. The petitioners have agreed to construct a fence along the property
line of the abutting properties located at 8 6 12 Forrester St. The
fence along the Parr property (8 Forrester St) will start toward the
rear of the Parr property in order to allow cars parked to utilize a
swing area to exist the parking areas.
11. The petitioners have agreed to consult the Parr's (B Forrester St, )
and the Chionards (12 Forrester St. ) to discuss the design of the
respective fences along their property line.
12. City Planner Craig L. Wheeler submitted a letter dated December 2, 1996
In support of the petition.
13. Michael Parr, 8 Forrester St. , spoke in favor of the petition.
14. There was no opposition to the petition,
15. The petitioners expressed a willingness to seek the design advice of
the Historical Commission with respect to the appropriateness of
designs.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
I. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions!
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall' be done as per plans and dimensions submitted to
and approved per the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with
the existing structure.
6. A Certificate of occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
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r DECISION OF THE PETITION OF JOHN R. KEILTY REQUEST INA 3
FOR THE PROPERTY LOCATED AT 50 ESSEX STREET (R-2)
page three
8. The petitioners agree to enter into a Dead of Facade Easement
Agreement to provide the Historical Commission with design review
over exterior alteration to the building, and agree to seek design
advice from the Commission for fence design.
9. Petitioners agree to construct a fence along the property line of the
abutting property owned by the Parrs at 8 Forrester St. and the
Chionards at 12 Forrester Street. The location of said fences shall be
in the approximate location as reflected on the plans submitted to
the Board dated September 11, 1996.
10. Petitioners agree to provide exclusive parking easements to the owners
of the properties located at 8 4 12 Forrester St. respectively
providing one designated parking space for each of said properties.
Variance Granted
December 11, 1996
Gary Barrett, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
A peal from this decision, if any, shall be made pursuant to Section 17 of
the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section Ii, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South
Esex Registry of orris recorded and Onoted eeds gon the nd eowner's xed eCertificate Ofr the name of Titlhe ener of record
Title-
Board of Appeal
FEB
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1 NOteby 6ortify &at 20 days havo exptr&I
from the dtata this instrument was received,
and that t O APPEAL has been flied in this
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DRAWN FROM SURVEY PREPARED BY
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