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24 NORMAN STREET - ZBA 24 Norman St. B-3 Robert Bramble (Pet. ) New. England Tel- (Own) _ V �o 4; fllit of 'Salem, ' aarh of eat , '84 i1A. X2 :41 Cliff DECISION ON THE PETITION OF ROBERT C. BRAMBLE (PETITIONER) NEW ENGLAND TEL & TEL (OWNER) FOR VARIANCES FOR 24 NORMAN STREET, SALEM (B-3) A hearing on this petition was held on April 25, 1984 with the following Board Members present: James Hacker, Chairman; Messrs. , Hopper, Strout and Associate Members Bencal and LaBrecque. 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 is requesting Variances to convert building into 38 dwelling units,. multi-family is not permitted in a B-3 district. Proposed use cannot meet the parking requirements. Attorney George Vallis, representing the petitioner requested Leave to Withdraw his petition without prejudice. The Board of appeal, by a vote of four in favor and one opposed allowed the petitioner LEAVE TO WITHDRAW .•1ITHOUT PREJUDIC. Petition Withdrawn Xz ichard A. Bencal, Acting Secr ry A COPY OF-THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK A".,'-;I T.. 11iS UEC!SI,�, . ABY. SH(il-L __ ., i CT 1 6F ('��� PJP,SL' ':T TO SE IOii 7 -: ..._ .. ... S. AND SAALA �=,Fh tJ ':PTHIN ZC C:FS AriEFt - CAi� CF FS.V:G C: :...o ...7`I Ir: THE -.Zc OF T9c ....1 :,'.Fan. ah>,LL 13 i l..L ° SGT Li A COPY OF t . . ..... r Jr- CLEF.' .., C\1'„ W.! r ._. L is 8Th E3,_.. t',c. < nYLr _ -:S +:7OF CR IS RzwRDED A;D NOLU 0% T;.: ,a.,XER*S CEP.TIFIC-..E OF T1111_. - . BOARD OF APPEAL fit# of iallent, fflasearhwutts `ire Peparhttenf Xeabquarters Names �rexnan 48 ?1a{apeWJe eet alhie[ aCem, II197II Date: April 17, 1984 Salem Board of Appeal Re: 24 Norman Street _ f City of Salem, Massachusetts Robert C . Bramble One Salem Green Hearing Date : 4/25/84 Salem, . Da. 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. 'iis no plans are available for advance review, the Salem Fire Department shall be apposed to granting -of a varianceuntil such time-as 'iv° can be determined that sufficient parking « spaces .are .provided per current zoning: regulations . Z. If.provisions are made for adequate off street parking on site, all provisions of the ,current building and fire codes shall be required 'for: approval. of this office. 3 . A Certificate of Occupancy, shall be required prior •,to any use and:-occupancy 6f -the structure for dwelling purposes. Advanced notice: is hereby given that no partial approval shall tie granted� by -this office: '. Respectfully submitted ,, Captain David J. Go in � cc : Building Inspector Salem Fire Mars-al file Form n 105 MARCH 11, 1981 C"itu of �ttter � assadjusetts 23uttra of Appeal '81 MAP 16 P2 :30 DECISION ON(} IFI ;PEP I.O Q p itE HEIRS OF JOHN DEERY (OWNER) AND GERALD BAIZEN, (PETITIONER) RF,4VESTII36 V RIANCES FOR A PARCEL OF LAND AT NORMAN STREET AND BARTON SQUARE, ASSESSORS MAP 35, LOT 11 (B-3 DISTRICT) .. A hearing on this Petition was held on March 11, 1981 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, Piemonte, Luzinski and Feeherry. Notices of the hearing were sent to abutters and others and a notice of the hearing was published in the Salem Evening News on February 25, and March 4, . 1981, in accordance with Massachusetts General Laws, Chapter 40A. The Petitioner has requested a variance for the property described above to construct no more than 72 residential condominium units at the site. A sed useis' vvariance ,/ is required because the building is in a B-3 district where the propo prohibited without. a variance. The Board of Appeals, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The proposed use of the property is supported by the Salem Redevelopment Authority. 2. The proposed use of the property is consistent with the Salem Uniform Renewal Plan. V13001 The proposed use of the property will enhance the entire Heritage Plaza West Urban Renewal Area. 4. The petitioner and his architec.t are well known throughout the northeast for the overall quality of their work. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows: The property in_questio nis unique. It is one of the very few vacanc- VVV pals in the center of Salem and it is perhaps the only large vacant parcel in the heart of the City. Because of its unique size and location, the development of this parcel is a concern to the entire city. �2. The conditions described above especially affect the land in question but do not generally affect the zoning district in which the land is located. /�3. The conditions described above which affect the land in question, but not V the zoning district generally cause the following special hardship: if the requested variance is not granted the property will have to be developed in a manner which is not consistent with the Urban Renewal Plan and not F I'r a 6�Sel� Of 6331m, s ) t EB J 1 . 32 n rD of Appal CITYS6lEM.MAS$�ICE DECISION ` PETITIONER: George & Robert Maguire PROPERTY LOCATED AT: 3-7 Cent-rat St. MAILING ADDRESS: 109 Essex Street ZONED: B-5 District A hearing was held on the petition of George & Robert Maguire for property located_ at 3-7 Central Street on February 8, 1977 with Mrs. Jane Lundregan, Messrs. Labrecqu Boulger, Hopper and Gray present. Notices were sent to abuttors and others in compliance with Mass. General Laws, Chapter 808. Atty. George Vallis represented the Petitioner before the Board. The Petitioners wish to convert the second and third floors of the present three story building into eight studio dwelling units. Each unit shall contain one bedroom, kitchen and bath. New residential dwellings in the B-5 District are required to provide one and one quarter spaces per dwelling unit with less than three bedrooms. The Petitioner does not have room for the required parking and wishes a variance from said parking regulations. Non- residential uses in a B-5 District are not. requi.red to provide off-street parking however, and the Petitioner claims that it is impracticle and virtually impossible to rent the upper two stories of the building for office or commercial use. Multi-family dwelling units are permitted in a B-5 District. The Petitioners stated that they would agree to make satisfactory arrangements with the Off-street Parking Commission to provide adequate parking for the use of the occupants. ` The Board unanimously voted to grant the variance requested, to wit, to allow the Petitioner to use the second and third floor of the building located a 3-7 Central Street for eight studio dwelling unit's without providing the required parking. The variance- is grantedaon ,the goAdition.that the. PetitiTiooner will make arrangements �= oard aohardship tobdenyxthe Petit the--usexofgthe�second wand-thirdffloo safoi-r ould�"be _— o �. P� Y � rres'�idential purposes since the Board found that it is virtually impossible to rent such,space for r. - ._ar_ µi r.,.b... ,, ...v F .vm.. Y .. commeic'ial posse. °The Board found that the Pet tuner would be.aprav ding the„required parking'for his tenants and It could grant said request without substantial detriment to .u ,a; e .. .n+a,am:..e. ..wxf al the su`rrouYcdxng"r[eg2rborhood-or-wiEhouY derogating from the intent of the Salem Zoning by-laws._ �m.... _-_ g GRANTED 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 twenty days after the date of filing of this decision in the office of the City Clerk. Copy of the decision herein has been filed with the Planning Board and the City Clerk. Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance, or special permit, granted herein, shall not take effect until a copy of the decision, bearing the certification of the City Clerk, that twenty days have elapsed and no appeal has been filed, or that, if such an 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 record- ed and noted in the owner's certificate of title. BOARD OF APPEAL y _ By: /Jane T. Lundre`gan, Secretary i y I� ✓ 14 \ klitg of 15ulEm, nssuc4use te, 91 Jut+ 38 '78 FILE ;k CITY PL'z:'S ':1.LE}LMASS. DECISION ON PETITION OF JACOB LEVIN, SALEM YOUNG MEN' S CHRISTIAN ASSOCIATION AND ESSEX BANK CONCERNING PROPERTY LOCATED AT 2982-302 ESSEX STREET , SALEM This is a direct appeal by the Petitioner, Jacob Levin, through his Attorney, George P. Vallis , One Church Street, Salem, from the applicable terms of the City of Salem Zoning Ordinance to allow him to convert the second, third and fourth floors of three 4-story buildings into 15 dwelling units , each unit containing at least one bedroom, kitchen and bath. The property is located in a B-3 District. Hearing was held on this appeal on June 6 , 1978 , pursuant to notices mailed postpaid to the Petitioner, Abutters , Abutters to Abutters , and others and notice was duly published in the Salem Evening News advising of this public hearing.' Chairman, James H. Boulger, Jr. , opened the meeting with Board Members , Jane Lundregan, Donald Eames and Douglas Hopper, being present . The application was submitted to obtain a variance from the applicable terms of the Zoning Ordinance with respect to use density and parking requirements . The Petitioner, through his Attorney, submitted the following evidence : Property is owned by the Salem Young Men ' s Christian Association and Essex Bank , of Lynn. The property contains approximately 6 , 500 square feet of land according to the plan submitted with the petition . The pro- perties are in serious disrepair and it is impractical and�y.i,.rtually .. impossible to rent �upper�three"".floors_of the�,.4 ,s to yr bu-ild: ngs for e off ic `use _fdr which they are presently zoned _---=--.--^rte,,..... - The buildings— re located near the B-5 District inwhich_ multi-family dwelling units are a permittedy us.e—and other. than he differenceinTzoninc there is no substantial difference in the character of the location of tl m — locus premises and the B-5 District The Petitioner _agreed to make,�sati: .�. fac£o_ryrarrangeme:nt5w___„ fh fhe Salem YMCA.to—provide-yadequa-to<parking,.for theuse o.fthe occupants o—n, o£lierlan_d�owned�by„the Salem YMCA adjacent t theloeu.s�,premises _ The purposes to which the Petitioner wishes to put the premises would make full use of the present buildings and conform to the desirability of the mixed use consisting of residential and non-residential uses using single structures which is the intention of the Urban Renewal Plan affect Ing properties in close proximity to the locus property . The proposed mixed use of the premises would not place unreasonable burdens on the are for park.inq and intended uses . It was submitted that the proposed use of the construction and remodc ling of the structures would not be detrimental to the neighborhood or tl purposes of the 7,oni.ng By-Laws , but on the contrary , would contribute to the revitalization of the downtown district and would conform to the cit} Decision on property located at 298;-302 Essex St. Page 2 comprehensive plan of a coordinated and harmonious development of mixed uses in a downtown area. The Board voted to table the matter until a specially scheduled hear- ing which was held on June 27 , 1978 , with Chairman, James II. Boulger, Jr. and Board Members , Jane Lundregan, Douglas Hopper, Donald Eames and Arthu Lebrecque being present, at which time it unanimously voted to grant the variance as requested by the Petitioner subject to the following restric- tions : 1 . That the Petitioner enter into a ten year lease with the Salem YMCA on property owned by the Salem YMCA located at 6 North Street , which will provide 18 parking spaces , notice of said lease to be recorded at th Registry of Deeds. 2 . That the entrance to the parking area be twenty feet wide , with a new curb cut at street and sidewalk. 3 . That the Petitioner will provide shrubbery for screening of the parking area facing North Street. 4 . That the Petitioner will provide a planted area on the premises e shown on the submitted plans . 5 . That the Petitioner will make changes of second story windows fac Essex Street, which changes shall be determined by Petitioner ' s structure engineer and the architect of said Planning Board. The Board reviewed all the evidence presented and considered careful] the plans heretofore mentioned . The Board found that a variance could ,be granted without substantial detriment to the public good or substantial derogation from the intent of the provisions of the Zoning Ordinance and that literal enforcement of the provisions of the Zoning By-Laws would cause substantial hardship to the Petitioner. Variance was granted as requested by the Petitioner by unanimous vote subject to the restrictions outlined above. APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 C THE MASS . GEN . LAWS , CHAPTER 808 , AND SHALL BE FILED WITHIN 20 DAYS AFTEF THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK . PURSUANT TO MASS. GEN. LAWS , CHAPTER 808 , SECTION 11, THE VARIANCE OR SPF' PERMIT GRANTED HEREIN , SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISIOI\ BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED ANL NO APPEAL HAS BEEN FILED, OR THAT , IF SUCH AN APPEAL HAS BEEN FILED THA4 HAS BEEN DISMISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF .E AND INDEXED UNDER THE NAI-IE OF THE OWNER OF RECORD OR IS RECORDED AND NOTE ON THE OWNER' S CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. BOARD OF APPEALS BY JAMES H . BOULGER, JR. , iChaiirman %cCsii 'Acting Secretary the d;:ly eppnlnted an lural Pied City Clerk of the City of Salem, do hereby certify that Twenty (20) days have nNplred ;ince the filing of this instru'nont in the City Cicr':' ; n °+ " e of t.`--^ City of Salem and has been riled u.:,.rl "his 0' ' . '.n accordance with Chip— t(.1- d:OA cf tllc. (cner;a. L�:���s of the Cummon— T .h of ATE ldasst.chu:;ct,ts. � ��` TTIsST: - ti�