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120-134 ESSEX STREET - ZBA 120-134 Essex St. B-5 / Essex Institute & Museums Coop. f of Salem 13 � ' - r_,. ` _. NAC I 3 25 A T (situ of ttlem, 'HttssttC111Wfts �nttra of �p}rPttl ciTrc:.Ir �-°.:-,;�.• � , �� 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 AA 44 Ycf� ' hard A. BencaT, Vice 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 d{ the Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. Ganeral Laws, Chapter 808, Sectioh 11,the Variance or?pecial Permit[;ranted he.ein shall nal take effect until a copy of thei decision, bearing tha 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 dismisseil or denied is recorded in the South EsseX Registry of Deeds and indexed under the name er the owner of record OE Is recorded and noted •i the owner's Certificate of Title. BOARD OF APPFAU APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . fdt#g of Salem, f ttssar4use##s TO THE BOARDEOF APPEALnstute The Undersigned/representsthat Fk*itis am the ownerscof a certain parcel of land located at NO. . 132.Essex. Srreet. *. . . . . . . . . . . . . . .Street; Zoning District. B-5. . . . . . ; and said parcel is affected by Section�s) . 5ectigp, y1. . . . . of the Massackusettsx&tttexB tic$iagxG"exxx Salem Zoning Ordinance. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. *and Museums Cooperative of Salem; Inc. is the designated purchaser of adjacent property of the Commonwealth of Massachusetts known as a portion of the Salem Armory located at 136 Essex Street, Salem The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: • � m See Attached Schedule A. a tfi J 0 N 1 C Q' 30 LJ �- G p T G ' Q� L'l J J f+,•, c ) W d.. O U� u tt C< m F Essex Institute and co Owner. CnmmPwealxh. Pf. MassaFhPaett$. . . . . . . . . c/o John R. Serafini; Sr. Address.. . b3. Fadexal. Stxaet. ... . . . . . . . . . . . . . Salem, MA 01970 Telephone. 7A4.-0212. . . . . . . . . . . . . . . . . Essex Institute and Museums Peti ti oner. �pPpexativp. P€. SPlPmo. lPr—. . . . . . . c/o John R. Serafini; Sr. Address. . . . b3. Pedetal. Street. . . . . . . . . . . . . . . . Date. . .Eebruary .13, .1990... .. Salem, MA 01970 Teleph e. 744.-A2��1ee2��. . . . . . . . . . .. . . . . . . . . . . . . . By. . . . . . . . . . . . . . . .I . Y:�. . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . b9,30. . . . . .. . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. SCHEDULE A The Petitioner Essex Institute is the owner of the land and buildings at 132 Essex Street, Salem, adjacent to the Salem Armory, known as the Essex Institute, a charitable institution devoted to educational, historic preservation, and museum purposes. The Petitioner Museums Cooperative of Salem, Inc. , a charitable corporation, whose members are the Essex Institute and the Peabody Museum, is the designated purchaser of adjacent property of the Commonwealth of Massachusetts known as a portion of the Salem Armory located at 136 Essex Street, Salem, Massachusetts. In conformance with the development of a portion of the Salem Armory, an extension of the Essex Institute building is required, so that the two buildings will be joined per the plans submitted herewith. The area in question is in a B-5 Zone, which permits various uses, among them a museum use and various commercial retail uses. The proposed extension and connection is to further the purposes of the Essex Institute and Peabody Museum, and will provide for greater flexibility in carrying out their purposes. The connection to the so-called Head House of the Salem Armory will enable the public to utilize both facilities and will permit expansion of the museum purposes of both the Essex Institute and the Peabody Museum. The area in question has a variety of uses, including museums, and the Zoning Ordinance contemplates this type of use. The granting of the Petition will not be against the public interest, derogate from the Zoning Ordinance, nor be contrary to the Master Plan. A hardship is created because of the shape of the properties and the differences in floor levels of the two buildings. It creates a financial hardship on the Petitioner if the connection cannot be made as contemplated, because of the increased costs associated with separate entrances for the two buildings, as well as the inability to utilize the space in such a manner that will benefit the viewing public. This is the beginning of the long awaited development of the Salem Armory. This first step is a clear signal that both the Institute and the Peabody Museum are beginning the approval process in order to lay the necessary groundwork for the final development. Therefore, the Petitioner requests Variances from density, side yard and front setback restrictions of the Ordinance to permit the expansion and connection of the Petitioner' s buildings as shown on the attached plans. 1 JA5 331' a,a'a• G ao v` METERY 14T .a COUNTY CE a \66 600 \ a � g OPIL _ 292B v AND 394 189 Y USE OF 17 A 64 394 2189 J CDRRI IDN 6 $ 149 6' 6.h a .30 // ///^�,\ //// m \ 4 LIP AL 2650 8 500 342 EASEMENT I 3360 \;589 a ^ p // ;/' \/- 1/ 79 2- 21 z 2pj561N\ 9.35 at 1 • 19; • A . I , 458 1� 6x39 1�/ // O BA/09fAN0 -2586 COURT 1 i_ 1 • IVES 8I12 11 160 KWAY „a _ A � 6800 1 • 180 A IS L IB AL1.7 AL p a 9g 66 1 153 609 2 18 6s �/ 18 et 26 1 1 . C� E '---� —/ `-------------- - - r : S • • nes rn 8� \ 947 p mo'' ] 0 57 • S j 2 Ino-e -- -- S Q U A R E 196 j° 0 N L29AL - 181 e a O 1 N G T. ea Ila 20,000-5 p W A S —` xra 4211 I 409 42 ee, N x ° sae-[ 850 5e°c 0769 19 TE 416 . xaI 9 ST\TO /.03.03 T AC 2283 4997 x. STREE �� \N 4 _ 41 II I Q £ - I tf'S'X 2\01 3 At a �- N 3223 1 T4 S 1 y„�58 I2`Ab e.e-s_ 276 1 11 ��F`I 1 f 816 2141 \\/( ��/,,\\J a• ie - yifi 6 m S / o• m a. .. n-ea Yx ` ae t^ 00- ✓ �°..�m• ?y0 _r-•— �i,.ar �_-1 r 25,811 IGPPPOEI p 35'1 ° .aa n y aL ao-e ae-e w ec-s io-s-s _ 216 __— �a' ,a• a^ = I 1 y !//3 . a \I 1.40 J< SF 258 1 u e [ o D 1 ,a4 !! 20T 3AIR3R 4(iTJ r� II+� 208 a 'p. a-e aa-'a• r• I Sc 1 11 0 1.12 AL 616 3�i 152�WAy5 \ e '• .B,.n ' a• 36vrc; 1 S II WA A � 12\0 °\ 1O+ lap III 6Q ( ux Y 8gg9 1E. I 26 AL 1_-' a\a 5 �q 23 .yg �- 1.83 • a E °r S Z I 1 ENpIP 8x37 . - '• T .[ �/\\r�( FJ9'6° I SOUPPE `x. • S 17 \ 5206 s I 72.86 2�qC �B. 23 2 Y )5 206 asst 10.39' l� 610 Ilx- I I 3306 �' 27y 1�%` \\ :�2cY ✓ C< _ 55 10582 xx� a,•' zee-a 22.8 2,'j -� I IA�+ 157,9 2 III• 1 I ,. „12.0 \ •1 ue urn• ne-' •e G9 N 2 1 YE'tce%.ot ^•-xo, e1. 73 e m GO A � Ilr Z� s5 ._ r 11_ II I 287 2„ Zg9 +^ \ 3' 'E S e° .e 19 0 ,A 17 '10j g1� 1 r3.%00 ra I I 1.65AC -�'i �. .. 2a0 agar .,a7 �-2•. .z,c _ 'm'� 219- !�I':T I \� 28.0 �\ \' -roa7 ;yam CITY OF SALEM MASSACHUSETTS NEIL J. HARRINGTON MAYOR March 7, 1990 James M. Fleming Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Fleming: I am writing in support of the petition of the Museum's Cooperative of Salem, which requests variances from density, side yard and front setback restrictions to permit the expansion and connection of the Salem Armory and Essex Institute Buildings. As an historic waterfront community, the City of Salem has opportunities not available to many communities within the Commonwealth. Because of its history alone, the City has a rich cultural heritage and is known worldwide for its architecture, maritime history, literary prominence, and witchcraft hysteria. All of these and more form a sound basis for tourism which makes it one of our major industries. Accordingly, the health of Salem's economy depends in part on its ability to maintain and expand its visitor base. I strongly believe that the City has a unique opportunity to continue to enhance and improve its tourism assets through the redevelopment of the headhouse portion of the Salem Armory by the Peabody Museum and the Essex Institute. The museums have included a first class, full service visitors center, gallery space for the Essex Institute and Peabody Museum, a fully functional auditorium and office space for Salem's non-profit tourist related agencies. Each of these uses will greatly enhance our tourism economy while providing more than 65 permanent jobs for Salem area residents. As an indication of the City's support, we recently received confirmation of a $994,000 Urban Development Action Grant which will be loaned to the museums at low interest to assist in making this project a reality. The City looks forward to the eventual redevelopment of the Salem Armory and hopes that the Board of Appeal will act favorably on the petition before them tonight. Thank you for your careful consideration of this petition. Sincerely, Neil J. Harrington / Mayor M58W P CITY OF SALEM CITY OF SALEM I BOARD OF APS EAL BOARD OF APPEAL i 745-9595 Ext. 381 745-9595 Ext. 381 Will hold a public hearing for all persons inter- Will hold a public hearing for all persons inter- ested in the petition submitted by Essex Institute ested in the petition submitted by Essex Institute & Museums Cooperative of Salem, Inc. for Vari- & Museums Cooperative of Salem, Inc. for Vari- ances to allow expansion and connection of build— ances to allow expansion and connection of build- ings located at 120-134 Essex St.(13-5).Said hearing ings located at 120-134 Essex Sl.(B-5).Said hearing to be held Wednesday,March 7, 1990 at 7:00 P.M., to be held Wednesday,March 7, 1990 at 7:00 P.M., One Salem Green, 2nd floor. One Salem Green, 2nd floor. JAMES M. FLEMING, Chairman JAMES M. FLEMING, Chairman February 21, 28, 1990 February 21, 28, 1990 APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . { Ctv of tt1Em, '�RttssarlTusje##s S� Cp�ry TO THE BOARDEOsexPlnsti'tute The Undersigned/representsthat mitis am the ownerstof a certain parcel of land located at N0. . 132.Esses. Street: *. . . .Street; Zoning District. B-5. . and said parcel is affected by Sectiont5). seotion yi, . of theldassas6tase$$SxkkBxBlYX374SgXxx Salem Zoning Ordinance. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. *and Museums Cooperative of Salem, Inc. is the designated purchaser of adjacent property of the Commonwealth of Massachusetts known as a portion of the Salem Armory located at 136 Essex Street, Salem The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of. Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: She Atta hed Schedule A. (10 tn JI t, .4 40,co d..iJ rt_p Qn7 �Ji ac Essex Institute and Owner. CAmmpnweaZtb. vf. MassaFhus.exxP. . . . . . . . . c/o John R. Serafini; Sr. Address.. . b3. Fadexal. Strpei. . .. . . . . . . . . . . . . . Salem, MA 01970 Telephone. 744.-0217. . . . . . . . . . . . . . . . Essex Institute and Museums Peti ti oner. CPPpPrWYr-. pf. Salem:. ;Pr... . . . . . . c/o John R. Serafini; Sr. Address. . . . b3. Fv_ ral. Strvor. . . . . . . . . . . . . . . . Date. . .Eebxuary .13, .1990. . Salem, MA 01970 Teleph e. 744.-p2;?.. . . . . . By. . . o . . . . . .I A . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . 0,. P. . . . . . . . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. SCHEDULE A The Petitioner Essex Institute is the owner of the land and buildings at 132 Essex Street, Salem, adjacent to the Salem Armory, known as the Essex Institute, a charitable institution devoted to educational, historic preservation, and museum purposes. The Petitioner Museums Cooperative of Salem, Inc. , a charitable corporation, whose members are the Essex Institute and the Peabody Museum, is the designated purchaser of adjacent property of the Commonwealth of Massachusetts known as a portion of the Salem Armory located at 136 Essex Street, Salem, Massachusetts. In conformance with the development of a portion of the Salem Armory, an extension of the Essex Institute building is required, so that the two buildings will be joined per the plans submitted herewith. The area in question is in a B-5 Zone, which permits various uses, among them a museum use and various commercial retail uses. The proposed extension and connection is to further the purposes of the Essex Institute and Peabody Museum, and will provide for greater flexibility in carrying out their purposes. The connection to the so-called Head House of the Salem Armory will enable the public to utilize both facilities and will permit expansion of the museum purposes of both the Essex Institute and the Peabody Museum. The area in question has a variety of uses, including museums, and the Zoning Ordinance contemplates this type of use. The granting of the Petition will not be against the public interest, derogate from the Zoning Ordinance, nor be contrary to the Master Plan. A hardship is created because of the shape of the properties and the differences in floor levels of the two buildings. It creates a financial hardship on the Petitioner if the connection cannot be made as contemplated, because of the increased costs associated with separate entranbes for the two buildings, as well as the inability to utilize the space in such a manner that will benefit the viewing public. This is the beginning of the long awaited development of the Salem Armory. This first step is a clear signal that both the Institute and the Peabody Museum are beginning the approval process in order to lay the necessary groundwork for the final development. Therefore, the Petitioner requests Variances from density, side yard and front setback restrictions of the Ordinance to permit the expansion and connection of the Petitioner's buildings as shown on the attached plans. S��G Tt t�s CITY OF SALEM MASSACHUSETTS NEIL J. HARRINGTON MAYOR March 7, 1990 James M. Fleming Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Fleming: I am writing in support of the petition of the Museum's Cooperative of Salem, which requests variances from density, side yard and front setback restrictions to permit the expansion and connection of the Salem Armory and Essex Institute Buildings. As an historic waterfront community, the City of Salem has opportunities not available to many communities within the Commonwealth. Because of its history alone, the City has a rich cultural heritage and is known worldwide for its architecture, maritime history, literary prominence, and witchcraft hysteria. All of these and more form a sound basis for tourism which makes it one of our major industries. Accordingly, the health of Salem's economy depends in part on its ability to maintain and expand its visitor base. I strongly believe that the City has a unique opportunity to continue to enhance and improve its tourism assets through the redevelopment of the headhouse portion of the Salem Armory by the Peabody Museum and the Essex Institute. The museums have included a first class, full service visitors center, gallery space for the Essex Institute and Peabody Museum, a fully functional auditorium and office space for Salem's non-profit tourist related agencies. Each of these uses will greatly enhance our tourism economy while providing more than 65 permanent jobs for Salem area residents. As an indication of the City's support, we recently received confirmation of a $994,000 Urban Development Action Grant which will be loaned to the museums at low interest to assist in making this project a reality. The City looks forward to the eventual redevelopment of the Salem Armory and hopes that the Board of Appeal will act favorably on the petition before them tonight. Thank you for your careful consideration of this petition. Sincerely, Neil J. Harrington Mayor M58WP M�a,conigb Cap of 6airm, =A Ala$$atbU$Ptt$ dire Department �)eaDquarterg 4Slafapette 6treet 6alem, An.01970 Joseph F. Sullivan Chief City of Salem Re: 120-134 Essex Street Board of Appeal Essex Institute One Salem Green Hearing date: March 7, 1990 The property located at #120-134 Essex Street has current compliance with the provisions of Chapter 148, Section 26E, Massachusetts General Laws relative to the installation of automatic smoke detectors. The Salem Fire Department has no objection to the granting of Variances to allow expansion and connection of buildings at this location subject to the following conditions: 1. Plans for the proposed construction are presented to the Fire Prevention Bureau for approval prior to the issuance of a building permit. 2. The proposed construction shall conform to all applicable provisions of the Massachusetts State Building Code, 527 Code of Massachusetts Regulations, the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts General Laws relative to fire safety. 3. The applicant shall arrange for an inspection by the Fire Prevention Bureau upon completion of the work. Signed, e Robert W. Turner, Fire Marshal �*,,C0901T,Ali 9� P$ e QQs AfOGOSE OoyP Salem Historical Commission ONE SALEM GREEN,SALEM,MASSACHUSETTS 01970 (617)745-9595, EXT.311 March 7 , 1990 James Fleming Chairman Board of Appeal One Salem Green Salem, MA 01970 RE: 120-134 Essex Street Dear Chairman Fleming: Please be advised that the Salem Historical Commission is in favor of the petition of the Essex Institute & Museums Cooperative of Salem, Inc . for variances to allow expansion and connection of buildings located at 120-134 Essex Street. if the Board or the Petitioners so request, the Commission would be pleased to offer any assistance for the project. Thank you for your consideration. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman J3538 APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . . . ti @li#g of $a1Pm, fflassur4usetts psarb of Meal TO THE BOARDEasezPlnst5'tute The Undersigned/representsthat Iritis kr& the owner& of a certain parcel of land located at N0. . 132.Essex. Street: *. . . . . . . . . . . . . . . .Street; Zoning District B-5 . . . . . ; and said parcel is affected by SectionQss). seccion, vI. . . . . of the Massashusettsx4tatexBmiUir4xBaggxx Salem Zoning Ordinance. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. *and Museums Cooperative of Salem, Inc. is the designated purchaser of adjacent property of the Commonwealth of Massachusetts known as a portion of the Salem Armory located at 136 Essex Street, Salem The Application for Permit was denied by the Inspector of Buildings for the following reasons: Direct Appeal The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: See Attached Schedule A. ma Jo7 N 6u 3 W _ L'J Q- s W a3a Q Ul >J tL (v) L•1-4 O W or O .".a O O m ~ co LW U Essex Institute and Owner. Cvmmvnwealtlh. pf.Massar-huSaxla. . . . . . . . . c/o John R. Serafini; Sr. Address. . . b3. Faderal. Straet. .. . . . . . . . . . . . . . . Salem, MA 01970 Telephone. 744.-PW. . . . . . . . . . . . . . . . . . . . . . . . . . Essex Institute and Museums Peti ti oner. OpnperWye. pf. Salrim.. 1pc... . . . . . . c/o John R. Serafini; Sr. Address. . b3. Federal. Straet. . . . . . . . . . . . . . . . Date. . .Eebruazy .13, .1990. . Salem, MA 01970 Teleph e. 744.-P2JJ . . . . . . . . . . . . . . . . . . . . . . . . . By. . . . . . . .... : :.I .: I . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Appeals with a check, for advertising in the amount of. . 0,30. . . . . .. . . . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. SCHEDULE A The Petitioner Essex Institute is the owner of the land and buildings at 132 Essex Street, Salem, adjacent to the Salem Armory, known as the Essex Institute, a charitable institution devoted to educational, historic preservation, and museum purposes. The Petitioner Museums Cooperative of Salem, Inc. , a charitable corporation, whose members are the Essex Institute and the Peabody Museum, is the designated purchaser of adjacent property of the Commonwealth of Massachusetts known as a portion of the Salem Armory located at 136 Essex Street, Salem, Massachusetts. In conformance with the development of a portion of the Salem Armory, an extension of the Essex Institute building is required, so that the two buildings will be joined per the plans submitted herewith. The area in question is in a B-5 Zone, which permits various uses, among them a museum use and various commercial retail uses. The proposed extension and connection is to further the purposes of the Essex Institute and Peabody Museum, and will provide for greater flexibility in carrying out their purposes. The connection to the so-called Head House of the Salem Armory will enable the public to utilize both facilities and will permit expansion of the museum purposes of both the Essex Institute and the Peabody Museum. The area in question has a variety of uses, including museums, and the Zoning Ordinance contemplates this type of use. The granting of the Petition will not be against the public interest, derogate from the Zoning Ordinance, nor be contrary to the Master Plan. A hardship is created because of the shape of the properties and the differences in floor levels of the two buildings. It creates a financial hardship on the Petitioner if the connection cannot be made as contemplated, because of the increased costs associated with separate entranbes for the two buildings, as well as the inability to utilize the space in such a manner that will benefit the viewing public. This is the beginning of the long awaited development of the Salem Armory. This first step is a clear signal that both the Institute and the Peabody Museum are beginning the approval process in order to lay the necessary groundwork for the final development. Therefore, the Petitioner requests Variances from density, side yard and front setback restrictions of the Ordinance to permit the expansion and connection of the Petitioner's buildings as shown on the attached plans. SCHEDULE A The Petitioner Essex Institute is the owner of the land and buildings at 132 Essex Street, Salem, adjacent to the Salem Armory, known as the Essex Institute, a charitable institution devoted to educational, historic preservation, and museum purposes. The Petitioner Museums Cooperative of Salem, Inc. , a charitable corporation, whose members are the Essex Institute and the Peabody Museum, is the designated purchaser of adjacent property of the Commonwealth of Massachusetts known as a portion of the Salem Armory located at 136 Essex Street, Salem, Massachusetts. In conformance with the development of a portion of the Salem Armory, an extension of the Essex Institute building is required, so that the two buildings will be joined per the plans submitted herewith. The area in question is in a 9-5 Zone, which permits various uses, among them a museum use and various commercial retail uses. The proposed extension and connection is to further the purposes of the Essex Institute and Peabody Museum, and will provide for greater flexibility in carrying out their purposes. The connection to the so-called Head House of the Salem Armory will enable the public to utilize both facilities and will permit expansion of the museum purposes of both the Essex Institute and the Peabody Museum. The area in question has a variety of uses, including museums, and the Zoning Ordinance contemplates this type of use. The granting of the Petition will not be against the public interest, derogate from the Zoning Ordinance, nor be contrary to the Master Plan. A hardship is created because of the shape of the properties and the differences in floor levels of the two buildings. It creates a financial hardship on the Petitioner if the connection cannot be made as contemplated, because of the increased costs associated with separate entranbes for the two buildings, as well as the inability to utilize the space in such a manner that will benefit the viewing public. This is the beginning of the long awaited development of the Salem Armory. This first step is a clear signal that both the Institute and the Peabody Museum are beginning the approval process in order to lay the necessary groundwork for the final development. Therefore, the Petitioner requests Variances from density, side yard and front setback restrictions of the Ordinance to permit the expansion and connection of the Petitioner' s buildings as shown on the attached plans. BOARD OF ASSESSORS C.1 HAL PAGE. 11 E I 1 11A 01970 17—DATE ; 02i-141 ,0 2 CERTIFIED ABUTTERS LIST 3 � 12 4 4 SUBJECT PROPERTY: MAP. 3LOT. 0214 SU1-F ; 201 s 5 PROPERTY ADDRESS: 0120 ESSEX STREE.7 1:34 ° ° ASSESSED OWNER ESSEX INERT.I'1LIFE ° ' _ 9 11 9MAP LOT SUFF PROPERTY ADDRESS ASSESSED OWNER // MAILING ADDRESS o 1z / 13 11 35 0079 0000 WASHINGTON SQUARE. SO SALEM CITY OF // 14 . " 1 0278 0020 HAWTHORNE BOULEVARD rr,l_.EI•f COri!'1i}r1 5 _ -7 �/ 1s 3 5 01.54 0006 BROWN STREET CLAIWE DONALD J P 0 COX 677 n i° 14 SHEILA A SALE-111 NA 019701 19 1s H 35 0155 0004 BROWN STREET' MAR-I_Y14N REALTY TRUST 55 I_.E:E STREET' 16 WELCH G DUDLEY TR MARBLE.HE:AD MA 01945 21 n 35 0156 0002 BROWN STREET' WELCH G DUDLEY 55 LEE STREET' 2 �- 23 ,e WELCH ANN B, MARBL.EHEAD 11A, 0,1945 19 35 [1459 201 0019 WASHINGTON SG!UARE P40 NINETE:E:N i0ASHINGTON SQUARE RY TR 59 STATE STREET 020 STONE_ R X JR & RUDOLPH J L. TRS NE:WBURYPORT MA 01950 z zt' 35 0160 0019 d•,IASHINGTON SWUARE NO 1/2 B P E'•1 PRODUCTIONS 19 11:' WASHINGTS-.N Star 140 Z2 SAr_EN NA 01970 - ' 35 0161 201 00::'1 WASHINGTON SQUARE 140 EL.L..IOT'T RICHARD <.l WASHINGTON Si=d NO 31 4 SALEM MA 01970 s 35 0184 CC10 BRGG•,UV STREET NADE:AU REALTY TRUST 12 BROWN ST ��G -- 3 $ • 3 m hir11:lEAtJ L.UCIL.LF"". C TR 5At_EI''I r'L!l 01970 ,�" ,' 35 0185 0008 BROWN STREET GRAY .JOHN A N-8 BEACON ST BOSTON MA 02108 ` ' 9 35 0243 0136 ESSEX STREET' MASS COMMONWEALTH d � I III i}"r' STATE ARMORY ' T----35-0.*,.Z5'------- (330(.7'1-BRORN -STREET------ -ESSEX INSTITIiTE- z� SAL.EM MA 01970 42 i 35 02:'4 :201 0221 ESSEX STREET PIONEER REALTY TRUST' 131 ESSEX ST - -- _ 4'AI'•IDE:7.J_. JOtt!'( E C/OSr1CCURlS SALEM NA 01970 3 460 35 0225 :202 01: 5 ESSEX STREET GRAND TURK REALTY TRUST' 190 SALEM STREET" / a HALEY D H 7 R SWAT Pf--.- UT 7 MA 0 190'7 z ---3S0_.'�b --! 171:'7 ES'�EX 7RFET I'4aRhE.T Swwl1ARE—fdE.AL.T'Y' T(dt1�T - 190-`SAL.E.I�t F'E:E7 T-- - - HALEY 1 D H TR SWAPIPSCO77 NA U.1907 11 35 02-12Ts, • 802 02<'9 ESSEX 5 (RE.E7U1 IVUi,ElV7 E:DIlt?IVD B 129 ESSEX ST U1 ✓ s w NANCY 5A—LEMMA 019'70 5 4 . a� 35 0:2:,:'7 BtJ:=' 0129ESSEX STREET L.12 AL.I'f.::RS i''1INNA (a 19 I-.F=',F'AY'E'T7E FL..ACE .� �m SAL.Ell I`9, , 01970 s 3.., 0 .-'7 803 0129EStiE:k STREF_T U3 i?,k:R;allaDt-arr(a•r 4141V l,-"-7'--E-l'i SEX y7 U3 4, 58 SAL.E11 MA U1�'�(1 35 Lt 27 804 0129 E'-SEX STREET' U4 BORCZ JUDITH A 129 ESSEX S ( U4 -- - - -- _ -S��L.%.-rr rir ct1'�7n fit 04 35 0227 1505 01:29-. ESSEX STREET' U5 f=7_.ANAGAN MARTA i''1t_,RR.I!_: 1:29 ESSEX ST U5 / z te, SA! F I 1 1''(A U 19 7(J 91 a- 02.:7 606 0129 EES- 0 `o 807 & 808 U7 & U8 DANVERS IMA 0'29 :3 2 69 70713 572 PE7E7d rel: CAROM C✓" - - - 3 CHIEF ASSESSOR BOARD OF ASSESSORS 7-t CITY HALL PAGEe SALE M,T11A O19011 DAT17 0" 1-r1'cip1 • CCERTIFIED ABUTTERS LIST 3 • 3 4 4 SUBJECT PROPERTY: t'IAF%^ -35 LOT: O."214 SUI F Y,O s 5 • • t5J PROPERTY ADDRESS 01:,:'0 ESSEX S'iRE:fT 1.-=4 7 ASSESSED OWNER ESSEX INS11AUT"E e 9 • 9 10 • 11 �PIAP LOT SUFF PROPERTY ADDRESS ASSESSED OWNER MAILING ADDRESS 12 lu — ✓ 13 16 i • '11i _15 O:':i:T 809 01: 9 ESSEX STREET' 1_19 !-IIl4R.ICHS fir=ilyD(ir'i 127 ESSEX ST tJ9 ,s ,z SALEM MA 011970 5 3 4 C U11—U1P — _ — — _ — 17 — ..S U�...:'7 810, O129 ESSEX SfRE.ET U1O+ + ONE TWENTY NINE ESSEX REALTY 7�RUST. . F O BOX �T 16 • u 811,"812 & 813 & U13 HARRINGrON L LEE TR GLOUCESTER ILA 019:3(7 „ • s 35 0: :28 01;.31. 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M 49'1 _ NOj03snoA 691 b6£ pNy _ a -lltlf YS J \ 009AA 9g1 7 Nno:) 0be6 S7y66\ C'4171� 12 Bentley Street Salem, MA 01970 April 11, 1990 Ms. Brenda Sumrall Board of Appeal One Salem Green Salem , MA 01970 In re: 4 Maple Avenue Dear Brenda: Enclosed is the referenced decision. Ve(ryy truly yours, l/ Peter A. Dore Enclosure CITY OF SALEM s BOARD OF APPEAL ^may p One Salem Green SALEM, MASSACHUSETTS 01970 - _ fiG5iAY3 35 r1 =:z r E-04 ` rc JlJ[)IT1-1 A FQ 1 ,aasx . ,EX: 5T 11A �l� 7019 CITY OF SALEM BOARD OF APPEAL 745.9595 Ext. 381 Will hold a public hearing for all persons inter- ested in the petition submitted by Essex Institute & Museums Cooperative of Salem, Inc. for Vari- ances to allow expansion and connection of build- ings located at 120.134 Essex St.(B-5) Said hearing to be held Wednesday,March 7, 1990 at 7:00 P.M., One Salem Green, 2nd floor. JAMES M. FLEMING, Chairman February 21, 28, 1990 s CITY OF SALEM MASSACHUSETTS NEIL J. HARRINGTON MAYOR March 7, 1990 James M. Fleming Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Fleming: I am writing in support of the petition of the Museum's Cooperative of Salem, which requests variances from density, side yard and front setback restrictions to permit the expansion and connection of the Salem Armory and Essex Institute Buildings. As an historic waterfront community, the City of Salem has opportunities not available to many communities within the Commonwealth. Because of its history alone, the City has a rich cultural heritage and is known worldwide for its architecture, maritime history, literary prominence, and witchcraft hysteria. All of these and more form a sound basis for tourism which makes it one of our major industries. Accordingly, the health of Salem's economy depends in part on its ability to maintain and expand its visitor base. I strongly believe that the City has a unique opportunity to continue to enhance and improve its tourism assets through the redevelopment of the headhouse portion of the Salem Armory by the Peabody Museum and the Essex Institute. The museums have included a first class, full service visitors center, gallery space for the Essex Institute and Peabody Museum, a fully functional auditorium and office space for Salem's non-profit tourist related agencies. Each of these uses will greatly enhance our tourism economy while providing more than 65 permanent jobs for Salem area residents. As an indication of the City's support, we recently received confirmation of a $994,000 Urban Development Action Grant which will be loaned to the museums at low interest to assist in making this project a reality. The City looks forward to the eventual redevelopment of the Salem Armory and hopes that the Board of Appeal will act favorably on the petition before them tonight. Thank you for your careful consideration of this petition. Sincerely, l Neil J. Harrington Mayor M58W P i Citp of �§aYem, a.5'qacfju5ett!5 lire Department �L()eabquarter5 483£afapette street Salem, : la. 01970 Joseph F. Sullivan Chief City of Salem Re: 120-134 Essex Street Board of Appeal Essex Institute One Salem Green Hearing date: March 7, 1990 The property located at #120-134 Essex Street has current compliance with the provisions of Chapter 148, Section 26E, Massachusetts General Laws relative to the installation of automatic smoke detectors. The Salem Fire Department has no objection to the granting of Variances to allow expansion and connection of buildings at this location subject to the following conditions: 1. Plans for the proposed construction are presented to the Fire Prevention Bureau for approval prior to the issuance of a building permit. 2. The proposed construction shall conform to all applicable provisions of the Massachusetts State Building Code, 527 Code of Massachusetts Regulations, the Salem Fire Prevention Code, the Salem City Ordinances, and Massachusetts General Laws relative to fire safety. 3. The applicant shall arrange for an inspection by the Fire Prevention Bureau upon completion of the work. Signed, �1 Robert W. Turner, Fire Marshal Saiem istorical cmmissi®n ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 (61 7)745-9595, EXT. 311 March 7 , 1990 James Fleming Chairman Board of Appeal One Salem Green Salem, MA 01970 RE: 120-134 Essex Street Dear Chairman Fleming: Please be advised that the Salem Historical Commission is in favor of the petition of the Essex Institute & Museums Cooperative of Salem, Inc. for variances to allow expansion and connection of buildings located at 120-134 Essex Street . If the Board or the Petitioners so request, the Commission would be pleased to offer any assistance for the project . Thank you for your consideration. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C. Harris Chairman J3538 DECISION ON THE PETITION OVIS T "`� -- - -- - ^^ . - -- FOR A VARIANCE AT_._l-a _aj 1 A HEARING ON TL-IIS PE"fITION WAS HELD ON WITH THE FO I_OWINY BOARD MEMBERS PRESENT ( ,z1ws�; — ---- 1 ---- --- . NOTICE OF THE HEARING WAS SENT TO ABUTTERS AND OTHERS, AND NOTICES WERE PROPERLY PUBLISHED IN THE SALEM EVENING NEWS IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 40A. PETITIONER IS REQUESTING A VARIANCE FROM �sn� (tilC Hv �J er- . -------- -.----.-.-=-It---- —_...----._-._.---...----.-...------------ _..----_.—...._... ----------- s IN THIS Q��ZONE. THE VARIANCE WHICH HAS BEEN REQUESTED MAY BE GRANTED UPON A FINDING BY THIS BOARD THAT: 1 . SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ESPECIALLY AFFECT THE LAND, BUILDING OR STRUCTURE INVOLVED AND WHICH ARE NOT GENERALLY AFFECTIAG OTHER LAND, BUILDINGS AND STRUCTURES IN THE 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 ANI) WITHOUT NULLIFYIING OR SUBSTIANTIALLY DEROGATING FROM THE INTENT OF THE DISTRICT OR THE PURPOSE OF THE ORDINANCE. \ THE BOARD OF APPEAL., AFTER CAREFUL CONSIDERATION OF, THE EVIDENCE PRESENTED AT THE HEARING MAKES THE FOLLOWING 1 FIN�DI/NGS OF FACT: L / �0' -kA G /ttJ 1 . ( ✓" �, ,,,1 D r . � / F 1Ss~ l +te / /�dr...e./�C p /�, .r �• 2 —u r� jLv 40c)L�Lc� G G�d ) lie cjtw4jUL rlf i I a i l �y sp or— y y �� l� ON THE BASIS OF THE ABOVE. FINDINGS OF FACT AND ON THE 9 EVIDENCE PRESENTED AT THE HEARING, THE BOARD OF APPEAL CONCLUDES AS FOLLOWS r: 1 . SPECIAL. CONDITIONS EXIST WHICH ESPECIALLY AFFECT THEtYr SUBJECT PROPERTY PUT NOT THE DISTRICT IN GENERAL; i. LITERAL ENFORCEMENT" OF THE PROVISIONS OF THE ZONING ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP TO THE PETITIONER; Z. 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. THEREFORE , THE ZONING BOARD OF APPEALS VOTED To pow VTo ARIANCE THE l'�6r�i�jJnlLi's ....FC A% p I�n1 l"HIo�FOLLOWING L ND J Q� 2. �` Gd vs6�v�/�7 7 JW// f h.�//J//1. y GL r.�l�� CJ Lok (— �1 'nnit �lG �Td�c_c-s�j o....u.7 h-1 674 l tf3CPd3:� �.k. t9?+Et if3� dfi33 Irl a; CPI t f .3iSH VIO.' 3°u J az �' 3 sail a 19N" I•`E7 i DZ6TO Jv 1 'tei F:tcL `���itt .iC? t•L?utyi : A IU 5 t z_ ,,j aa s Z. co iSGy +' OL03113Si1HptlSStlW 'W31tl3 Z 6TI\� 06.51 wN uaeJg weleS eup ®6 MtHd S nI4! 5 vlt/3ddV do aaVOB W31vs dO ALIO �'°' �•*` \. d ' jjjje � s p�� �d k E4 � ' � � � + { � ; + , � � � a e' p � y � gSy � ; i � � � a � a �,�~,., i� \": -= _ ,,-�� \._.� d� .., „a E 1 Il r� Ctu of .Salem, 'fflazleadjusetts 'r kicDmT.�� May 14 , 1990 NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF THE ESSEX INSTITUTE AND MUSEUMS COOPERATIVE OF SALEM , INC . FOR VARIANCES AT TO ALLOW THE EXPANSION AND CONNECTION OF THE BUILDINGS AT 120- 134 ESSEX ST . BOARD OF APPEAL Brenda M . Sumrall Clerk of the Board Appeal from this decision, if any, shall be made pursuant to Section 17 of the Mass. General Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Ma:: General Lases, Ch-;,ter 808, Section 11, the Variance or !pecial Permit granted he:-ein shn5! not take effect until a copy of the derision, bearing the certification of +.ie 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 er the owner of record or Is recorded and noted M the owner's Certificate of Title. BOARD OF APPEW