120-134 ESSEX STREET - ZBA (2) .120-134 Essex St l M
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DECISION ON THE REQUEST OF ESSEX INSTITUTE AND MUSEUMS COOPERATIVE
OF SALEM, INC. FOR A SIX (6) MONTH EXTENSION ON VARIANCES GRANTED
TO 120-143 ESSEX ST. (B-5)
The petitioners, through their Counsel, John Serafini, Sr. , Esq. , requested a
six (6) month extension on Variances that were granted on March 7, 1990,
recorded at the City Clerk's Office on May 14, 1990, the twenty day appeal
period having expired on June 5, 1990.
After carefully considering the request, the Board of Appeal voted unanimously,
4-0, to grant a six (6) month extension up to and including December 5, 1991 .
Edward LuzinskVice Chairman
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DECISION ON THE REQUEST OF ESSEX INSTITUTE AND MUSEUMS COOPERATIVE
OF SALEM, INC. FOR A SIX (6) MONTH EXTENSION ON VARIANCES GRANTED
TO 120-143 ESSEX ST. (B-5)
The petitioners, through their Counsel, John Serafini, Sr. , Esq. , requested a
six (6) month extension on Variances that were granted on March 7, 1990,
recorded at the City Clerk's Office on May 14, 1990, the twenty day appeal
period having expired on June 5, 1990.
After carefully considering the request, the Board of Appeal voted unanimously,
4-0, to grant a six (6) month extension up to and including December 5, 1991 .
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Edward LuzinskVice Chairman
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DECISION ON THE REQUEST OF ESSEX INSTITUTE AND MUSEUMS COOPERATIVE
OF SALEM, INC. FOR A SIX (6) MONTH EXTENSION ON VARIANCES GRANTED
TO 120-143 ESSEX ST. (B-5)
The petitioners, through their Counsel, John Serafini, Sr. , Esq. , requested a
six (6) month extension on Variances that were granted on March 7, 1990,
recorded at the City Clerk's Office on May 14, 1990, the twenty day appeal
period having expired on June 5, 1990.
After carefully considering the request, the Board of Appeal voted unanimously,
4-0, to grant a six (6) month extension up to and including December 5, 1991 .
Edward LuzinskVice Chairman
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DECISION ON THE REQUEST OF ESSEX INSTITUTE AND MUSEUMS COOPERATIVE
OF SALEM, INC. FOR A SIX (6) MONTH EXTENSION ON VARIANCES GRANTED
TO 120-143 ESSEX ST. (B-5)
The petitioners, through their Counsel, John Serafini, Sr. , Esq. , requested a
six (6) month extension on Variances that were granted on March 7, 1990,
recorded at the City Clerk's Office on May 14, 1990, the twenty day appeal
period having expired on June 5, 1990.
After carefully considering the request, the Board of Appeal voted unanimously,
4-0, to grant a six (6) month extension up to and including December 5, 1991 .
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Edward LuzinskVice Chairman
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DATE OF HEARING
PETITIONER
LOCATION
MOTION: TO GRANT C SECOND /
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL v
JOSEPH CORRENTI 11
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V RICHARD` FEBONTO Y
EDWARD LUZINSKI y/
�1A�id aI��T'IR CrWO C`�
ASSOCIATE MEMBERS
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ARTHUR LABRECOU
CONDITIONS:
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR, TELEPHONE
JOHN R. SERAFINI.JR. 508.744-0212
JOHN E. DARLING 617.581.2743
WENDY L. THAYER
TELECOPIER
JOSEPH P. COLONNA 508-7414663
April 1, 1991
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
RE: Variances Granted to Property at
120-134 Essex Street, Salem
Essex Institute and
Museums Cooperative of Salem, Inc.
Gentlemen:
Please consider the enclosed application for extension of the
above referenced Variances granted by your Board for a period of
six (6) months from the effective date of that grant.
Because of the overall Armory situation, the Museums
Cooperative and Essex Institute have not be able to go forward with
construction. It appears now that matters are being resolved, and
progress is being made.
We would, therefore, respectfully request that this Board
grant an extension as provided in General Laws Ch. 40A, Section 10,
for an additional six (6) month period from the effective date of
the Variances granted for the property at 120-134 Essex Street.
Respectfully submitted,
JOHN R. SERAFINI,, SR. ,
Attorney for
Essex Institute and
Museums Cooperative, Inc.
JRS,SR. /ln
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DECISION ON THE PETITION OF ESSEX INSTITUTE AND-MUSEUMS COOPERATIVE OF
SALEM, INC. (PETITIONERS) THE COMMONWEALTH OF MASSACHUSETTS AND THE
ESSEX INSTITUTE (OWNERS) FOR VARIANCES AT 120-134 ESSEX ST. (B-5)
A hearing on this petition was held March 7, 1990 with the following Board
Members present: James Fleming, Chairman, Messrs. , Bencal , Febonio, Luzinski and
Dore. 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.
The Petitioners are requesting a Variance from density requirements to allow the _
expansion and connection of the buildngs located at 120-134 Essex St. (B-5)
The Variance which has been requested may be granted upon a finding by this
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generlly affecting other lands,
buildings or structures in the same district.
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The Mayor of the City of Salem and the City' s Planning Department have
endorsed the petitioners plan.
2. The granting of the petition would allow the creation of a Visitors
Center, gallery space and office space at the Salem Armory.
3. The project is a keystone to the continued revitalization of the
downtown area.
4. The project will create sixty five (65) jobs
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
DECISION ON THE PETITION ESSEX INSTITUTE AND MUSEUMS COOPERATIVE OF SALEM,
INC. (PETITIONERS) , THE COMMONWEALTH OF MASSACHUSETTS AND THE ESSEX INSTITUTE
(OWNERS) FOR VARIANCE AT 120-134 ESSEX STREET, SALEM
page two
3. Desirable relief can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . Petitioners comply with all the requirements of the Salem Fire
Department relative to fire safety.
2. All construction must comply with the requirements of the Massachusetts
Building Code.
3. That all new exterior finishes be in harmony with the finishes of the
existing buildings.
4. The petitioners obtain a Certificate of Occupancy. -
VARIANCE GRANTED
R chard A. Bencal , Vice Chairman
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 Ofi
the Mass. General Laws, Chapter 808, and shall be filed within 20 day9
after the date of filing of this decision in the office of the City Clerk.
Pursuant to Mass. General Laws, Chzpter 808, Section 11,the Variance
or!pecial Permit grante.1 he.ein shall not take effect until a copy of the
decision, bearing tha certification of the City Clerk that 20 days have
elapsed and no appeal has been fired, or that, if such appeal has been
filed, that it has been dismisse6l or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record CE
Is recorded and noted •t the owner's Certificate of Title.
BOARD OF APPEAU
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI. SR. TELEPHONE
JOHN R. SERAFINI,JR. 508-744-0212
JOHN E. DARLING 617581-2743
WENDY L. THAYER
JOSEPH P. COLONNA TELECOPIER
506-741-4663
April 1, 1991
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
RE: Variances Granted to Property at
120-134 Essex Street, Salem
Essex Institute and
Museums Cooperative of Salem, Inc.
Gentlemen:
Please consider the enclosed application for extension of the
above referenced Variances granted by your Board for a period of
six (6) months from the effective date of that grant.
Because of the overall Armory situation, the Museums
Cooperative and Essex Institute have not be able to go forward with
construction. It appears now that matters are being resolved, and
progress is being made.
We would, therefore, respectfully request that this Board
grant an extension as provided in General Laws Ch. 40A, Section 10,
for an additional six (6) month period from the effective date of
the Variances granted for the property at 120-134 Essex Street.
Respectfully submitted,
JOHN R. SERAFINI, SR. ,
Attorney for
Essex Institute and
Museums Cooperative, Inc.
JRS,SR. /ln