24 NORMAN STREET - ZBA (2) 1
24 Norman St. (B-3)
Robert Bramble (Pet)
Samuel Perlman (Own)
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DECISION ON THE PETITION] OF ROBERT C. BRAMBLE FOR C!T f
VARIANCES FOR 24 NORMAN STREET, SALEM -_. _
A hearing on this petition was held on June 13, 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski
and Strout. 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 Variances from parking and use requirements in order to
convert an office building into thirty nine dwelling units in this B-3 district.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. Special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district;
b. Literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 purposes of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and
after viewing the plans, makes .the following findings of fact:
1 . The building, once used by the Telephone Company, is unique
in interior configuration and cannot be readily marketed or
economically converted for any use permitted in this B-3 zone;
2. Riley Plaza is in close proximity to the premises, is currently
underutilized in the evenings, and could serve to provide off-
street parking for the residents and their guests;
3. The addition of residential housing in the downtown area is
beneficial to the city.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which affect this lot which do not generally
affect the district;
2. Literal enforcement of the Ordinance would work a substantial hardship
upon the petitioner;
3. The Variances can be granted without substantial detriment to the
public good and without substantially dero'ating from the intent and
purpose of the Ordinance.
DECISION ON THE PETITION OF ROBERT C. BRAMBLE
FOR VARIANCES FOR 24 NORMAN ST. , SALEM
Therefore, the Zoning Board of Appeal voted four to one to grant the Variances
requested- provided that each occupied unit is required to pay an annual fee to
the Salem Parking Commission for each motor vehicle registered to each occupant,
in return for parking privileges at Riley Plaza. The fee is to be set by the
Salem' Parking Commission.
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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pIADE PuR. S'JANT 70 SECTIO''1 17 OF THE MASS.
APPcnL FROM, TI!IS CE':iS10'".. 1'r ANY. ,ILLSMA6 6`-
OF FILING
GENER;.L LFiCr S, CIC.'TE8 £^3. F.21D SH.1LL EE BLEU WITHIN 2O DAYS AFTER THE C%`'— n_R`.dIT
OF T!!iS DCCISIDN G7 Ti!C GFCICc Gc,TF1E CITY SEC`CL'F 1 G" `..=-f�L
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CA's H'7:E EL?P.•D _i DIS`• SED Z tact 6
U. H'T. iF SDC;i F.'! APP"c.L HAS F,EEiI il:_E. THAT IT NA.S EEc" UINDER
REOCI;O'O !.1 Ti1E SCUTH ESSEg RE ISTRY OF DEEDS A'IO IIVDRTIFICATE OF TITLE.
OF 7N`_ 0:l itER
OF RECORD OR IS RECORDED AND i+OTED Oil THE OWiIER'S BOARD OF .APPEAL
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'81 MAR 16 P2 :30
DECISION - GERALD BAIZEN - PAGE TWO CIT
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in keeping with the surrounding buildings thus resulting in harm
(including but not limited to financial harm) to the petitioner and
to the city as a whole.
J4.
The desired variance may be granted without substantial detriment to
the public good because the proposed use will benefit the entire city.
7
Therefore, the Board of Zoning Appeals unanimously voted in favor of granting
the requested relief. The Board grants a variance to the petitioner on the follow-
ing terms and conditions:
1. No more than 72 residential units (none larger than two bedrooms) may be
constructed on the site.
2. No more than 6,000 square feet of net leaseable commercial space may be
constructed at the site.
3. All commercial space shall be located on the first floor of the property
(on Norman Street) .
4. No less than 112 parking spaces shall be maintained at the site.
5. This variance is conditioned upon and is subject to final approval of the
proposed plans for this development by the Salem Redevelopment Authority.
The terms, and conditions, of any, of that final approval by the Salem
Redevelopment Authority are incorporated and made part of this variance.
GRANTED WITH CONDITIONS _
Anthony M. Fe�herry, Secretary
.APPEAL FROM THIS DECiSION. IF ANY. SHALL 3E I+IACE PURSUANT TO SECTION 17 OF THE f.!ASS.
GENERAL LA:JS, CKAPTER M. A.`ID SHALL 20 DAYS AFTER THE DATE OF FILING -
OF THIS .DECIS40N IN THE ^MCE 7F THE C!ERYY,
PURSANT TO !::ASS. O&I,r.'.':- l::i;5. .. i[iR '1 t. 52.. .i 11. THE VA?'ANCE OR SPECIAL PERMIT - - -
GRA;riED HER&h. SHALL f . U::: T . .TRA -,.. . ;HE THE CERT-
FICAUUN OF IHE CITY GLER;. ...A _ iS -.... . +;�`• ".L HAS OEM FLLED.
OR IHA7. IF SOCti A.; APPEAL id. _=Ei- FILE,_ -_c .._) CP. CE !ED IS
RECORDED Iii THE SOUTH ESSEX RELLTRY 0 i:EEOS AND 1XVUED G:iJER THE NWzE OF THE OWNER
OF RECORD 02 IS RECORDED AND NDTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL -
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK !i
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CITY OF, EIVIED
MICHAEL E.SOLICITOR
;�L`E[A,F9.A S.
CITY SOLICITOR MASSACHU � MARY P. HARRINGTON
93 WASHINGTON STREET ASSISTANT CITY SOLICITOR
and 93 WASHINGTON STREET
187 FEDERAL STREET and
SALEM,MA 01970 59 FEDERAL STREET
74rr4311 SALEM, MA 01970
7443363 744-0350
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
June 13, 1984
James B. Hacker, Chairman
Board of Appeal
One Salem Green
Salem, Massachusetts 0.1970
Dear Mr. Hacker:
You have asked my opinion, by letter dated June 4 , 1984 ,
concerning an application for a variance at 24 Norman Street.
More specifically, you have requested my opinion as to what,
if any, liability the City may incur if the Board votes a var-
iance conditioned upon the applicant utilizing public parking
and at some future date the City is no longer providing pub-
lic parking.
It is my understanding that the Salem Parking Department
has written a letter to the applicant ' s attorney stating that
the parking area has adequate spaces to handle the parking that
would result by the proposed condominium conversion of the Norman
Street building.
In my opinion, the letter is a mere statement of fact and by
no means does it obligate the City, now or in the future, to pro-
vide the parking need of that building or any other building, for
that matter.
I have carefully reviewed the Zoning Ordinance, in particular
Section VII (C-2) , which states that within a B-3 District,, the
City will accept the responsibility for the off-street parking
for permitted uses.
Ak
James B.. Hacker - 2 June 13, 1984
Should the Board decide to grant the requested variance for
the proposed use and for parking, the resulting use of the Nor-
man Street property will be a non-conforming use permitted only
by the variance.
The granting of a variance for insufficient parking by the
Board does not make the City responsible for providing parking
any more than it does when the Board grants parking variances
to other applicants which. I'm sure it has done over the years.
A provision or restriction in the granting of the variance
that the applicant be required to make arrangements for off-street
parking in Riley Plaza, if available, puts the burden on the ap-
plicant and not on the City.
It is, therefore, my opinion that the City will incur no lia
bility, now or in the future to the owners of the Norman Street
property should the variance be granted.,
Very tr y yo s,
Michael E, W Brien
City Solicitor
MEO/jp
cc: Mayor Anthony V. Salvo
NOTICE OF INTENT
I, the undersigned, ROBERT C. BRAMBLE, am the owner of property located
at 24 Norman Street, Salem, MA.
I am also the petitioner for a variance before the City of Salem Board of
Appeal seeking to convert the building at 24 Norman Street into 39 condominium
dwelling units. I further recognize the necessity of making satisfactory
arrangements with the Salem Parking Department to provide adequate parking,
as required by the unit owners in the Riley Plaza Municipal Parking Area.
Therefore, I hereby covenant and agree that in consideration of the Board
of Appeal granting the requested variance, I shall make necessary arrangements
on behalf of the Condominium Unit Owners Association to purchase on an annual
basis yearly stickers for parking at Riley Plaza and that the amount required
to purchase said parking stickers shall always be included in the annual
budget of the Unit Owners Association.
Signed this 23rd day of May, 1984.
ROBERT C. BRAMBLE
of inlem, jfflttssachuse##s
�s Pourb of Appvd
June 4, 1984
Michael O'Brien
City Solicitor
City of Salem
Dear Mr. OBrien:
Concerning the application for Variance at 24 Norman St. for
thirty nine (39) residential condominium units, the Board has a question
concerning the City's being responsible for parking and in the advent
the city no longer allows parking at Riley Plaza or no longer allows
monthly or yearly parking, what would the City's liability be in granting
this permit if the occupants were no longer allowed to use public parking?
It is my feeling that the Board of Appeal would approve this
petition if ,it could be proved that it would not harm the City in the
future.
This petition has been continued until the June 13, 19$4 hearing,
we would appreciate your comments prior to this hearing. Thank you.
Sincerely,
/� b4.r
James B. Hacker
Chairman
JBH:bms
cc: Anthony V. Salvo, Mayor
Salem Parking Department
East India Square Garage (617) 745-8120 Salem, Massachusetts 01970
May 16, 1984
Atty. George Vallis
1 Church Street
Salem, MA 01970
Dear Mr. Vallis:
In accordance with your request, you are advised that the Riley Plaza
parking area does provide parking spaces for 408 vehicles, and that
even with the peak hours during the day, there are certainly adequate
spaces to take care of at least 40 cars for residential parking year
round.
The yearly sticker is accepted in the East India Square Garage as well
as the Riley Plaza lot should alternative parking be required.
Very my yours,
,
Laurent Rybicki
Acting Executive Director
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RedA8�evelop eni
Aut ority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01770 TELEPHONE 744-530 I
April 6, 1484
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Mr. Robert Bramble
P. 0. Box 8091
Salem, MA 01970
Re: 20-24 Norman Street
Dear Mr. Bramble:
Thank you for attending the S.R.A. meeting on April 2, 1984. The
Board always welcomes the opportunity to discuss projects at the
earliest stages of their development and appreciated hearing your
views on the goals for the Old Telephone Building_
The Board agrees with you that the continued creati u of housing in
the Downtown is necessary to facilitate activity and economic vitality
and concurs that the subject property is indeed a difficult one to a
- , develop. . It is the Authority's position that given the location and
existing condition of the building, and given the current and future
retail and office absorption rates, that residential development is
preferred, provided that a mechanism can be found to legitimize private
paid use of public parking in Riley Plaza in off-peak hours..
The Board supports the creation of a wide range of housing types and
markets in the City to fulfill a variety of residential needs and j
believes that your proposal to develop small 400-650 s_f_ units in
the moderate cost range is in conformance with the City's renewal
goals.
Sincerely,
Michael Moniz
Project Administrator
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Enclosure
c.c. : Mayor Salvo
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SalemRE
Redevelopment
dent
44-6900
Authority _ ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONE 744-4580
At the meeting of the Salem Redevelopment Authority held on April 2, 1984,
the following motion was passed by the Redevelopment Authority:
The Salem Redevelopment Authority agrees that the creation of housing is
integral to the Heritage Plaza West renewal plan and supports creation of a
wide range of housing types and markets in the City to fulfill a variety
of housing needs. The Board agrees, that given the current and future
retail and office market absorption rates, and given the location and
existing condition of the building site, that residential development is }
preferred, provided that a mechanism can be found to legitimize private }
paid use of public parking in Riley Plaza in off-peak hours. In order to
facilitate the development of such a policy and to address other parking
related problems, the Salem Redevelopment Authority urges Mayor Salvo to
request from the Salem Parking Commission a detailed study of existing
parking policies and usage in all off-street parking areas_ Motion unani—
mously approved.
Motion Peter Fetchko Second Roland Pinault '
Rose Ackerman
Recording Secretary
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May 21, 1984
Mr.' James Hacker, Chairman - RE: Petition of Robert Bramble Trust for
Board of Appeal variances to convert a building at
One Salem Green 24 Norman Street into 39 dwelling
Salem, MA. 01970 units.
Dear Mr. Hacker:
At the last meeting of the Planning Board held on May 17, 1984, the Planning
Board reviewed the upcoming agenda to be considered by the Board of Appeal on
May 23, 1984. At the time the petition of Robert Bramble Trust for variance(s)
to convert a building at 24 Norman Street into 39 dwelling units was discussed.
The Planning Board is generally supportive of the development of housing
within downtown buildings which are vacant or underutilized. The Master Plan
specifically recommends the development of housing within the downtown business
area to complement and support existing commercial activities. The Board, how-
ever, is concerned with the resulting impact on parking conditions and wishes
to voice that concern for your consideration.
City Planner Gerard Kavanaugh is available to discuss this matter further
should you so desire. Thank you for the opportunity to comment on this
petition.
Sincerely yours,
dKenneth S. May
Vice-chairman
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Date.- May 23 , 1984
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Salem Board of Appeal Re. 24 Norman' Street j
City of Salem, Massachusetts Robert Bramble, Trustee
One Salem Green Hearing Date : 5/23/84
Salem, Ma. 01970
Sirs:
As a result of notice received concerning the Board of Appeal
hearing for the above .listed name and address. the Salem Fire
Department, requests the following items to be placed on record.
1. As previously stated on notice for conversion to condominium
units, the Salem Fire Department must be. opposed , due to a
la, c—of on=- to= perking favilities. It has been found during
past fire related incidents, especially during winter conditions,
that lack of off street parkin- has impeded the response of
fire apparatus, and includes motor vehicles parked on adjacent
sidewalks .and lawns to attemptgetting off the street .
;t. Without approved parking,access to the property is often blocked,
which also blocks means of egress for occupants. We are of the
opinion "that each developer must provide the required number of
parking spaces on site, and under the owners direct control.
Respectfully submitted
Captain David' J. Goggin O
c'c : Building Inspector Salem Fire Yarshal
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CITY OF SALEM
9ff�/MINE WNP Iri City Council, October 8 , 1992
Ordered:
That the Mayor, City Planner, and Board of Appeals review the attached
variance for 24 Norman Street with respect to parking in Riley Plaza,
contact the Condominium Management Company and arrive at a solution to
the residents ' parking problems .
BE T" FURTHER ORDERED: That the City Council is to be notified of the
proposed solution.
In City Council October 8, 1992
Adopted
Approved by the Mayor on October 13 , 1992
ATTEST: JOSEPHINE R. FUSCO
CITY CLERK
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