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r. ? •., CITY OF SALEM MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE:978-745-9595 FAX:978-7406APR — I P 4= Is
MAYOR
FILE N
March 25,2015 CITY CLERK, SALEM.MASS,
To Renewal Ventures,LLC
C/o George W.Atkins III
Ronan,Segal&Harrington
59 Federal Street
Salem,MA 01970
Re: 162 Federal Street Decision of the Zoning Board of Appeals to grant a request for a six(6)month
extension for exercise of the rights granted by the September 28th,2009 Board Decision that approved
Variances from minimum lot area per dwelling unit, and Special Permits to change one nonconforming
use to another and to increase existing side yard setback nonconformity,to accommodate conversion of
an office building to eight(8) residential units.
The Salem Zoning Board of Appeals met on Wednesday,March 18,2015 to discuss your request for the
approval of a second six (6)month extension to exercise rights granted by the September 28,9009 Board .
Decision that that approved Variances from minimum lot area per dwelling unit,and Special permits to
change one nonconforming use to another and to increase existing side year setback nonconformity,to
accommodate conversion of an office building to eight(8) residential units.
The original Decision of September 28,2009 was appealed to the Superior Court and an Agreement for
Judgment amending the Decision was entered on September 5,2012.The Decision qualified under the
Massachusetts Permit Extension Act and was automatically extended to September 28,2014. On October 2,
2014,the Zoning Board of Appeals granted a six (6)month extension to commence September 28,2014 and
expire on March 28. 2015.
On February 20,2015, a letter was submitted by Attorney Atkins on behalf of Renewal Ventures LLC
requesting a second six (6)month extension to commence on March 28,2015 and expire on September 28,
2015.
The Zoning Board of Appeals voted four(4)in favor(Ms. Curran,Mr. Copelas,Mr.Duffy and Mr.Tsitsinos)
and none (0) opposed,to grant the approval of the six-month extension request to exercise the rights granted
by the September 28th,2009 Board Decision.This determination shall become part of the record for this
project.
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of
Planning&Community Development at(978) 619-5685
Thank you,
Rebecca Curran
Zoning Board of Appeal
Chair CC: Cheryl LaPointe,City Clerk
RONAN, SEGAL & HARRINGTON t�jE
' ATTORNEYS AT LAW _EB L O 2015
FIFTY-NINE FEDERAL STREET
JAMES T.RONAN(1942-19137) SALEM,MASSACHUSETTS 01970-3470
JACOB S.SEGAL DEFT.OF P LANNIING&
MARY PIEMONTE HARRINGTON
GEORGE W.ATIGNS,IIIr;10IS.FEB 2U P i2 5U cOtrrnU"' "�'�"'''-�'T
GREGORY R.RICHARD
TEL(978)744-0350
OF COUNSEL FILE it FAX(978)7447493 FILE NO: R-692.6
JOHN H.RONAN CITY CLERK, SALEM. MASS.
MICHAEL J.ESCHELBACHER
February 18, 2015
City of Salem
Zoning Board of Appeals
120 Washington Street, 3`d Floor
Salem, MA 01970
Attn: Erin Schaeffer
Re: 162 Federal Street, Salem
Members of the Board:
In accordance with Massachusetts General Laws Ch. 40A, Section 10, Renewal Ventures,
LLC, the Assignee of rights granted by the Variance/Special Permit Decision dated September
28, 2009 (the "Decision") hereby requests a six month extension for exercise of the rights granted
by the Decision.
Attached is the previous granted extension dated October 1, 2014
Please assign this request to the Zoning Board's meeting of March 18, 2015.
Very truly yours,
Renewal Ventures, LLC
By its mey
)
- Geor9 a W. Atkins, III
GWA/dap
Enclosure
This notice posted on "Official Bulletin Board"
City Hall, S tem, Mass. on FEB 2 4 2015
at /�: in accordance with MGL Chap. 30A,
Sec ions 8-25.
• --- - ......., o. Nan• dw.. GeY. 49005
1
s�-
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
CIVIL ACTION NO:2009,2005-A
KENNETH WALLACE, JOYCE WALLACE,and )
ERICA UDOFF, )
)
PLAINTIFFS )
V. ) IN T11C.,.9tPF11.
. 1*nUn7
FOP T;-IE C+OV07 ;iF ESStiX
WILLIAM WHARFF and ) f t S 2 1Z
REBECCA'CURRAN,13ETH DEBSKI,RICHARD j
DIONNE, ANNIE HARRIS.ROBIN STEIN, BONNIE
BELAIR,and JIMMY TSITSINOS,BEING REGULAR
and ALTERNATE MEMBERS OF THE ZONAQG BOARD) .LCRK
OF APPEALS OF THE CITY OF SALEM;
MASSACHUSETTS, ) '
DEFENDANTS )
AGREEMENT FOIL JUDGMENT
AGREEMENT made as of the I"day of February 2012 by and betiwen all of the parties
in the above-entitled action,namely Plaintiffs Kenneth Wallace,Joyce Wallace,and Erica Udoff_ ,
and Defendants William Wharff, Rebecca Curran, Beth Debslti,Richard Dionne,Annie Harris,
Robin Stein,Bonnie Belair,and Jimmy Tsitsinos,the)atter seven being the regular and eltemate
members of the Zoning Board Of Appeal of the City of Salem,Massachuset+s.
CIT ;
WHEREAS Defendant William Wharf(hereinafter"Wharff')has an equitable interest in
162 Federal Street, Salem, Massachusetts 01970(hereinafter"162 Federal Sleet"or"the
property")pursuant to a purchase and sales agmetbent with the current owner of 162 Federal
Street, which agreement is subject to certain conditions, including WharfFs gbtaining zoning
relief from the Salem Zoning Board of Appeal(hereinafter"Salem ZBA"),as hereinafter
described, and the owner's obligation to.clean up and/or remediate any envii onmental problems
which may exist at 162 Federal Street prior to Wharfs purchase of the property; and
i
r
WHEREAS, by Petition dated March 25,2009 Wharff sought a Var ante substituting +
1,666 square feet for the required minimum lot area per dwelling unit at 162 Federal Street of
7,500 square feet,and Special Permits to convert the prior non-conforming office building use at
said property to nine(9)residential condominium units;and
i
i
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f
eZ/Zp/2e12 15:UU YAR 878 525 UUtla JUAN H. CARR, JR., ESM. tRJuuo
WHEREAS 162 Federal Street is located in an R=2(two family)residential zoning
district;and
WHEREAS at a continued hearing of the Salem ZBA on August 19,2009 Wharff orally
revised his Petition by reducing his proposed residential density from nine{9 residential units to
eight(8)residential units;and
WHEREAS at a further continued hearing of the Salem ZBA on Septunber 16,2009
Wharff filed and presented a"Parking Sketch Concept Plan"dated August 4,2009 prepared by
Patrowic2 Land Development Engineers, which Plan (a copy of which is attached as Exhibit A)
is part of the official ZBA record;and
WHEREAS Exhibit B calls for sixteen(16)off-street parking spaew at the rear of 162
Federal Street,and landscaping in that area to be later worked out;and
i
WHEREAS Wharff has presented the Plaintiffs with"Preliminary Proposed Floor
Plans"dated August 19,2009 prepared by Pitman&Wardley Architects of 22 Church Street,
Salem,MA 01970 (hereinafter"Pitman&Wardley„)preliminarily showing how the interior of
162 Federal Street would be reconfigured to accommodate his proposed eight(8)residential
units,which Pllan$are attached hereto as Exhibit B;and
W14REAS by Decision dated September 28,2009,the Salem ZBA granted Wharffs
revised Petition seeking a Variance and Special Permits to convert 162 Fede3al Street to eight(8)
residential units,which Decision incorporated Wharff s August 4,2009 Parking Sketch Concept
Plan (Exhibit A);and
WHEREAS Plaintiffs Kenneth Wallace,Joyce Wallace, and Erica Udoff filed a
timely Complaint with this Court appealing said September 28,2009 ZBA Decision; and
WHEREAS Wharff has made certain assurances to the Plaintiff's.that he will
redevelop 162 Federal Street into eight(8)luxury residential units; anti
WHEREAS the parties have received a Norite Ofstarus Review frons this Court,dated
January 24,21012,requiring them (in relevant part)to notify the Court in vniting on or before
Thursday,February 23, 2012 whether the case is ready for trial,whether the case has settled,or
whether a Pre-Trial Conference is needed;and
WHEREAS all of the parties have reached an agreement settling all 'if the issues in said
action,as hereinafter provided;
NOW,THEREFORE, in consideration of the mutual promises,agretments,and
covenants herein contained, and other good and valuable consideration,thejeceipt whereof is
hereby acknowledged,the parties hereby mutually agree as follows:
1, Wharff shall perform the redevelopment of 162 Federal Street into eight ;B)residential units
in conjunction with said Variance and Special Permits himself, and shall no, convey,sell,or
transfer said project entirely to another individual,entity,or developer with(gut the express
2_
i
written consent of the Plaintiffs,provided however that nothing in this paragraph shall be
construed to preclude Wharff from undertaking such development in any form of business entity
which he deems appropriate,so long as he maintains control over said entity and said
development.
2. In the event Wharff is unable to purchase 162 Federal Street for any reason,or fails to comply
with the provisions of the preceding paragraph(1)hereof,the parties hereby agree that the
September 28,2009 Decision of the Salem ZBA,and the Variances and Special Permits granted
to Wharff pursuant to same, shall become null and void upon the first to occur of said eveat(s).
3. Wharff shall exercise his best efforts to obtain all necessary permits and soprovals by May
31,2012, including(without limitation)those of the Salem Planning Board(Site Plan Review,
including landscaping),the Salem historical Commission(exterior changes); and the Salem
Conservation Commission(environmental issues, including so-called 21 E ch!an-up),And he shall
notify the Plaintiffs and the Federal Street Neighborhood Association of his plans and/or
proposals in connection with 162 Federal Street reasonably in advance,,of eat h hearing or
meeting of the Board or Commission in question regarding such property.
4. Wftarff shall likewise exercise his best efforts to conclude his purchase of 162 Federal Street
by May 31,2612,and shall commence construction within one(1) year from the date hereof
5. Simultaneously upon the execution of this Agreement by attorneys for all of the patties,in j
I consideration of the foregoing provisions for their benefit,the Plaintiffs hereoy agree to dismiss
their within appeal of the September 28, 2009 Decision of the Salem ZEA with prejudice.
I6. Each of the patties shall be solely responsible for his, her, or its attomeyN fees in connection
fI with this action:
I 7. All righu of appeal and/or other challenges to this Agreement are hereby waived,as are all
i claims each party may have against the other(s)up to the date of this Agreement.
8. Bach of the signatories to this-Agreement hereby warrants and represents that he or she has
complete authority to sign this Agreement in behalf of his or her:respective clients,and to so
bind said clients. ,
9. Notwithstanding the filing of this Agreement in the within action,this Agreement shall
nevertheless survive as an independent contract between the parties,
i
10. This Agreement is being executed in six(6)counterparts,each of which shall be deemed an
original. l
Witness our hands and seals as of the 1"day of February 2012.
l
-3 -
02/20/2012 15:00 FAX 978 825 0088 JOHN H. CARR, JR. , ESQ. @1008
Kenneth Wallace,Joyce Wallace, and
Erica Udoff,
By th o
February Z 2012
John H C q.
9 North Street
Salem, MA 0197
978-807-3264
BBO#075-280
1
William Wharff,
By his attorney, I
Febrvar}Z , 3012 r I
Gro ,Esq.
ti,Quinn,Grover&Frey,.P.C.
27 Congress Street, Suite 414
SaieM MA 01970
978-745-9065
BBO#546-393
Salem Zoning Board of Appeal.
By its attorney,
February ,2012
Robin Stein,Esq.
I Assistant City Solicitor t
93 Washington Street {
Salem,MA 01970
978-619-5633
BBO#654-289 {
i
1
-4.
r CONUIT,t
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 -
YaMBERLEY DRISCOLL TELE:978-745-9595 FAX:978-740-9846
MAYOR
[?i
March 25,2015 c
r v
To Renewal Ventures,LLC x r W
c/o George W.Atkins III ern . N
Ronan, Segal&Harrington D
59 Federal Street ? _
Salem,MA 01970 A W
co
Re: 162 Federal Street Decision of the Zoning Board of Appeals to grant a request for a six (6) month
extension for exercise of the rights granted by the September 28th,2009 Board Decision that approved
Variances from minimum lot area per dwelling unit, and Special Permits to change one nonconforming
use to another and to increase existing side yard setback nonconformity, to accommodate conversion of
an office building to eight(8) residential units.
The Salem Zoning Board of Appeals met on Wednesday,March 18,2015 to discuss your request for the
approval of a second six (6)month extension to exercise rights granted by the September 28, 9009 Board
• Decision that that approved Variances from minimum lot area per dwelling unit,and Special permits to
change one nonconforming use to another and to increase existing side year setback nonconformity,to
accommodate conversion of an office building to eight(8)residential units.
The original Decision of September 28,2009 was appealed to the Superior Court and an Agreement for
Judgment amending the Decision was entered on September 5,2012.The Decision qualified under the
Massachusetts Permit Extension Act and was automatically extended to September 28,2014. On October 2,
2014, the Zoning Board of Appeals granted a six (6)month extension to commence September 28, 2014 and
expire on March 28. 2015. r
On February 20,2015,a letter was submitted by Attorney Atkins on behalf of Renewal Ventures LLC
requesting a second six (6)month extension to commence on Match 28,2015 and expire on September 28,
2015. Mr Atkins explained that the reason for the extension is due to a delay in Department of
Environmental Protection pemtitting.
The Zoning Board of Appeals determined that good cause was shown to grant an extension and voted four
(4)in favor(Ms. Curran,Mr. Copelas,Mr.Duffy and Mr.Tsitsinos) and none (0) opposed, to grant the
approval of the six-month extension request to exercise the rights granted by the September 28th, 2009 Board
Decision.This determination shall become part of the record for this project.
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of
Planning&Community Development at(978) 619-5685
Thank you,
Rebecca Curran
Zoning Board of Appeal
Chair CC: Cheryl LaPointe,City Clerk
F
�,COA➢11T�.
CITY OF SALEM,
MASSACHUSETTS
a� BOARD OF APPEAL
Nlk CT -2 A 0 13
120 WASHINGTON STREET# SALEM,MASSACHUSETTS 01970
KnOERLEYDRISCOLL TELE:978-745-9595 FAX:978-740-9846 FILE #
MAYOR CITY CLERK. SALEM.MASS.
October 1st,2014- COMaion to Sotember30uh, 2014 Leiter
To Renewal Ventures,LLC
C/o George W.Atkins III
Ronan,Segal&Harrington
59 Federal Street
Salem,MA 01970
Re: CORRECTED 162 Federal Street Decision of the Zoning Board of Appeals to grant a request for a six(6)
month extension for exercise of the rights granted by the September 28th,2009 Board Decision that
approved Variances from minimum lot area per dwelling unit, and Special Permits to change one
nonconforming use to another and to increase existing side yard setback nonconformity,to
accommodate conversion of an office building to eight(8) residential units.
The Salem Zoning Board of Appeals met on Wednesday,September 17,2014 to discuss your request for the
approval of a six (6) month extension to exercise rights granted by the September 28th,2009 Board Decision
that approved Variances from minimum lot area per dwelling unit,and Special permits to change one
nonconforming use to another and to increase existing side year setback nonconformity, to accommodate
conversion of an office building to eight(8) residential units.
A letter submitted by Attorney Atkins,dated September 3�t,2014, on behalf of Renewal Ventures LLC
requests a six(6) month extension to exercise the rights granted by the Zoning Board of Appeals Decision on
September 28th,2009. The Decision was appealed to the Superior Court and an Agreement for Judgment
amending the Decision was entered on September 5th,2012. The Decision qualified under the Massachusetts
Permit Extension Act and was automatically extended to September 28,2014.Renewal Ventures LLC has
entered into an Assignment Agreement with the original petitioner whose counsel has submitted a letter of
consent. In addition,a letter has been submitted by counsel for the Superior Court Plaintiffs approving the
assignment to Renewal Ventures LLC.
The Assignee of the rights granted by the Variance/Special Permit decision dated September 28,2009 is
Renewal Ventures,LLC.
The requested six-month extension would commence on September 28th,2014,which is the expiration date
of the current Decision.The requested extension would expire on March 28th,2015.
The Zoning Board of Appeals voted four (4)in favor(Ms. Curran,Mr. Dionne,Mr. Copelas and Mr.
Tsitsmos) and none (0) opposed,to grant the approval of the six-month extension request to exercise the
rights granted by the September 28th,2009 Board Decision.This determination shall become part of the
record for this project.
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of
Planning&Community Development at(978) 619-5685
Thank you,
Rebecca Curran
ZBA Chair CC: Cheryl LaPointe, City Clerk