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the
ice Legal r':otice
'rty CITY OF SALEM
BOARD OF APPEAL
978-745.9595 Ext.361
1 Will hold a public hearing for all {
persons interested in the petition sub-
mitted by SALEM POINT RENTAL- !
1ePROPERTIES seeking an amend- -
'r_ ment to the original decision V114/04)
a' to allow all 15 units to be sold as
owner occupied units for the property
t
located at 50 Palmer Street B-1.Said
Is hearing will be held on Wednesday,"
�) August 16, 2006 at 6:30 P.M., 120
Washington Street, 3rd floor, Room
e 313.
L Nina Cohen,Chairman ,
1} SN-8/2,6/9/06
oso�rl� CITY OF SALEMo MASSACHUSETTS `i
r la
BOARD OF APPEAL t+L."-''{!I J OFFICE
120 WASHINGTON STREET, 3RD FLOOR
+ - f SALEM, MASSACHUSETTS 01 970
�r TELEPHONE: 7 8-76
45- 595 KIMBERLEY ❑RISCOLL AUG23 P: 3'- 1
�
MAYOR
August 23, 2006
Amendment to Decision Dated July 14, 2004
Petition of Salem Point Rental Properties, LLC requesting an amendment to
an approved Variance for property located at 50 Palmer Street, B-1 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 16, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members being present:
Robin Stein, Annie Harris, Elizabeth Debski, Steve Pinto, Bonnie Belair.
The petitioner, Salem Point Rental Properties, LLC, is requesting an amendment to their
previous Zoning Board Decision dated July 14, 2004 to allow all fifteen (15) units at 50
Palmer Street to be sold as owner-occupied condominiums, rather than the previously-
approved nine (9) owner-occupied condo units and six (6) rental units. Additionally, the
petitioner is seeking to specify language regarding the nature of the affordable housing
requirements for the properties.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Plans and Petition submitted, makes the
following findings of fact:
1. The property at 50 Palmer Street is within the B-1 zoning district.
2. The petitioner is proposing to amend the previously granted ZBA decision dated
July 14, 2004 to allow a change in the number of owner-occupied units from nine
(9) to all fifteen (15) units.
3. The petitioner is further seeking to amend the language of the decision regarding
the requirement of the units to be affordable to low and very low income
individuals and families (condition #7) to specify as follows: "All units in the
project will be marketed as Affordable Housing for purchase exclusively by
Individuals or Families whose annual incomes are 80% or less of the median
income for the Area (Low Income Families)based on family size as determined
by HUD." The foregoing sentence is to be added to the end of condition #7 in the
decision dated July 14, 2004.
4. The petitioner further seeks to amend the previous decision so that the words "by
low and very low income individuals and families" are stricken from the original
language of the decision under condition #7.
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5. All other conditions of the previous decision dated July 14, 2004 are to remain as
written.
6. Councilor Lucy Corchado spoke in favor of the requested amendments.
7. Councilor Jean Pelletier spoke in favor of the requested amendments.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition and detailed plans, the Zoning Board of
Appeals concludes as follows:
1. The decision dated July 14, 2004 shall be amended to allow for all fifteen (15)
units to be owner-occupied units.
2. The decision dated July 14, 2004 shall be amended to change the language of
the decision regarding the requirement of the units to be affordable to low and
very low income individuals and families (condition#7)to specify as follows:
"All units in the project will be marketed as Affordable Housing for purchase
exclusively by Individuals or Families whose annual incomes are 80% or less
of the median income for the Area(Low Income Families) based on family
size as determined by HUD."The foregoing sentence is to be added to the end
of condition#7 in the decision dated July 14, 2004.
3. The petitioner further seeks to amend the previous decision so that the words
"by low and very low income individuals and families" are stricken from the
original language of the decision under condition#7.
4. The petitioner's request for an amendment to the previous decision and the
resultant amended conditions do not constitute a substantial detriment to the
public good.
5. The proposed amended language does not nullify or substantially derogate
from the intent or purpose of the zoning ordinance.
6. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Harris, Pinto, Debski, Belair) and none (0) opposed, to grant the request to amend the
previous decision dated July 14, 2004, subject to the following terms, conditions, and
safeguards:
1. No other condition of the previous decision or decisions for 50 Palmer Street
shall be affected by these amendments unless expressly stated above.
Eliza eth Debski
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 and 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.
RELIEF REQUESTED FOR
SALEM POINT RENTAL PROPERTIES, INC.
Project at 50 Palmer Street, Salem
That the prior Decision of the Board granted on July 14, 2004 be amended as
follows:
(1) allowing applicant to eliminate the rental use of any of the units shown on the
previously approved plan, and allowing the applicant to sell all fifteen (15) of the units as
affordable owner-occupied single-family dwelling units; and
(2) Condition # 7 of the Decision is amended as follows:
7. The words "by low and very low income individuals and families" is
stricken from the condition. An additional sentence is added at the end of the
condition which reads:
" All units in the project will be marketed as Affordable Housing for purchase
exclusively by Individuals or Families whose annual incomes are 80% or less of
the median income for the Area (Low Income Families) based on family size as
detennined by HUD."
All other terms, conditions and restrictions of the original Decision remain in full
force and effect.
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