135 ESSEX STREET - ZBA r
135 ESSEX STREET p
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Legal Notioe
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petitign.sub- !
mitted by RUSSELL KIERNAN I+
requesting an Administrative Ruling
for the review of the Plan'tiing
Board site plan'conditions'of the
Peabody Essex Museum for property
located at 135 ESSEX STREET.,,Said
hearing to be held WEDNESDAY,
AUGUST 21,2002 AT 6:30 P.M.,120
WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
Nina,Cohen
- Chai"rman l
(8/7,14)
b�ooxolr�q� CITY OF SALEM, MASSACHUSETTS,
BOARD OF APPEAL
3 - T 120 WASHINGTON STREET, 3Ro FLOOR
SALEM. MA 01970
gq��MiN6 W��` TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. LISOVICZ, JR.
MAYOR
DECISION ON THE PETITION OF RUSSELL KIERMAN REQUESTING AN
ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 135 ESSEX STREET
A hearing on this petition was held on August 21, 2002 with the following Board
Members present: Nina Cohen, Chariman, Richard Dionne, Bonnie Belair and Joan
Boudreau. Notice of the hearing was sent to abutters and others and notices of the
hearing were published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting an Administrative Ruling for the review of the Planning Board site
plan conditions of the Peabody Essex Museum for the property located at 135 Essex
Street.
After hearing the evidence the Board of Appeal makes the following findings of fact:
1. Petitioner sought enforcement by the Building Commissioner of the Amended
Decision of Site Plan Review dated 10/13/01 (Amended Decision) for 135 Essex
Street pursuant to M.S.L. Ch. 40 A, Section 7 According to the petitioner, who is
represented by Nicholas J. Decoulos Esq., the Amended decision has not been
enforced by the Building Commissioner with respect to paragraph 16, which states:
The applicant shall provide free and clear access at all times as shown on the
approved plans to the parcel located at 135 Essex Street. The access shall be
maintained by the applicant and shall be maintained by the applicant and shall run
with the property, not the owner.
2. Petitioner states that at various times the applicant, which is the Peabody Essex
Museum, has not maintained free and clear access to petitioner's property.
3. The Peabody Essex Museum did not appear at the ZBA hearing, nor did it submit
any documents. The Building Commissioner, Mr. Tom St. Pierre was represented at
the hearing by John Keenan, Esq., City Solicitor for the City of Salem.
4. Mr. Keenan stated that Mr. St. Pierre has at all times made reasonable efforts to
enforce the provisions of the Amended Decision. Mr. St. Pierre states that the
applicant is currently constructing a new addition to the gallery space an on occasion
during the construction process a construction or delivery vehicle has blocked
access to Mr. Kiernan's property. Mr. Keenan submitted a letter to the petitioner
from Mr. St. Pierre dated June 7, 2002, which states, " I feel that the Museum,
through the contactor Turner, has made a good faith effort to comply with the
Planning Board's site plan condition."
rf
DECISION OF THE PETITION OF JOHN KIERNAN FOR AN ADMINISTRATIVE
RULING FOR THE PROPERTY LOCATED AT 135 ESSEX STREET
page two
5. Mr. Keenan further commented that it was his understanding that the Amended
Decision was intended to effect conditions during construction of the new addition.
6. Mr. George Ahmed of Salem spoke at the hearing on behalf of the petitioner. Mr.
Ahmed stated that, in future, the Museum could allocate security personnel to limit
public access to Mr. Kierman;s property during Museum events. Mr. Stephen Harris
of Salem noted that a security fence across the petitioner's driveway is shown on the
approved plans, although such a fence has not been erected as of this point on the
property.
Therefore, based on the fact and on evidence presented, Ms. Cohen made a motion for
the Board to support John Keenan's opinion and stand behind the Building Inspector
with regards to the Peabody Essex Museum with a vote of 4-0 to deny the petitioners
appeal.
Nina Cohen (SCI h�
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws, Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certificate of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
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