24 SAUNDERS STREET - ZBA (3) �� �
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DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES GRANTED
TO 24 SAUNDERS STREET
At a hearing held August 22, 1990, the Board of Appeal voted unanimously
to allow a six (6) month extension for Variances granted allowing con-
struction of sixty (60) residential units. Said extension shall be up to
and including March 20, 1991 . The six (6) month extension is based on
the previous decision having been recorded at the City Clerk 's Office
on August 29, 1989 and the expiration of the twenty day appeal period.
ichard A. Bencal , Chairman
t'rs
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DATE OF HEARING O a
PETITIONER
LOCATION
-� & 440
MOTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
JOSEPH CORRENTI_
RICHARD' FEBONIO
EDWARD LUZINSKI f/
MARY JANE STIRGWOLT
ASSOCIATE MEMBERS
PETER DORE
ARTHUR LABRECQUE
CONDITIONS:
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DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES
FOR 24 SAUNDERS STREET (R-2)
A hearing on this petition was held August 9, 1989 with the following Board
Members present: Richard Bencal, Acting Chairman; Messrs. , Febonic, Luzinski,
Nutting and Associate Members Dore. 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.
Petitioners, owners of the property, are requesting variances from use, density
and number of buildings of a lot to allow the construction of sixty (60) residential
units as previously granted, with provision allowing rental units.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the
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 involve
substantial hardship, financial or otherwise, to the petitioner.
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 purpose or the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The requested variances are the same as the variances granted February 17,
1988 with the provision allowing the rental of said units.
2. A six (6) month extension on the February 17, 1988 decision was granted by
the Board of Appeal on February 22, 1989.
3. Because of the decline in the market, the financial integrity of the project
will be adversely affected if petitioners cannot rent any of the units.
4. There is no change in the original plans and the number of residential
units will remain the same.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally;
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT
24 SAUNDERS STREET, SALEM
page two
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioners;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested variances from density, use and more than one building on a lot to
allow the construction of sixty (60) residential units with the additional
provision that the petitioners be allowed to rent said units, subject to the
following conditions:
1 . All conditions of the decision granted by the Board of Appeal on
February 17, 1988 are to be strictly adhered to and are made part
of and incorporated into this decision.
2. Five (5) additional parking spaces are to be provided on the site for
the use of the residents of Saunders Street.
GRANTED
�- )
ohn R. Nutting, Secret
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeel f,cm this decision. if any, shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the dale of fiii n-1 of this decision in the orfice of the City Clerk.
Fcrsuant:o °Hass. Ceccral Laws, Ch mhar 808, Szction 11. the variance
or Dpecial Perm:: ^,c.i:er! he,cin sl:,:.: .-,:! take effrct until a copy of the
decisionbeca,ring the certficatio-, of the City Clerk that 20 days have
elapsed anti oo aclpaz! has Seen f!'ed, or Ciat. if such appeal has been
filed, that it has been dismisse(l or denied is rncordod in the South Esse',
Registry of Deeds and indexed under the name or tic owner of record or
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
(I�if of ttlrm, C4'flttssttr1TU5rJfS MAR 2 3 is Pr '66
Puarb of 'tAp7EIil FILE#F
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DECISION ON THE PETITION OF SALEM SHOE MANUFACTURING CO. :ITY CLEF.6.
FOR VARIANCES FOR 24 SAUNDERS ST. (R-2)
A hearing on this petition was held February 17, 1988 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming, Strout and Associate
Member Dore. 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.
Petitioners, owners of the property, are requesting variances from use, density
and number of buildings on one lot to allow construction of sixty (60) residential
units in this R-2 district.
The Variances which have 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 the petitioner;
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 purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . The topoF.raphv of the site is uneven in character and peculiar
because of difference in elevation from the surrounding area;
2. The renovation of the existing building is not financially feasible;
3. Use of the building as a shoe manufacturing factory is no longer
economically feasible;
4. The proposed use as residential condominium units is consistent with
the residential nature of the neighborhood and does not conflict with
the master plan which provides for revitalization of the residential
areas along the North River.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject
property but not the district generally;
2. Literal enforcement of the ordinance would work a substantial hardship
on the petitioner;
DECISION ON THE PETITION OF SALEM SHOE MANUFACTURING CO. FOR
VARIANCES FOR 24 SAUNDERS STREET, SALEM
page two
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested as to density, use and to permit more than one building on a
lot so as to permit the construction of sixty (60) residential units, subject to
the following conditions:
1 . Construction be as per plans submitted and be approved by the
Planning Board;
2. Proposed construction conform to all applicable provisions of the
Massachusetts State Building Code, the Salem Fire Prevention Code,
the Salem City Ordinances and the Massachusetts General Laws relative
to fire safety;
3. All requirements of the Salem Fire Department be strictly adhered to;
4. Proper numbering b2 obtained from the City of Salem;
5. All snow removal and trash removal be solely at the expense of the
Condominium Association and be part of the Condominium documents;
6. The Condominium Documents control the sale or rent of the parking to
the owners of the condominiums only;
7. Building Permit be obtained;
8. Certificate of Occupancy for each unit be obtained;
9. The lot be landscaped as per plans and as approved by site plan review;
10. Public safety access be maintained as per plans submitted and meeting
fire and police requirements;
11 . Ingress and egress be on Saunders Street only;
12. Ninety (90) parking spaces be maintained as per plans;
13. Developer confer with abutters as to the establishment of proper
buffer between the development and the abutters property.
GRANTED
'Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HA$ BF� N, TI � � T��4Ec�ig IjJp'fYT14
a �_ I s s
CFLERAL LAGS. CHAPTER. S08. AND SHALL EE F!LT: WITHIN 20 DAYS AFTER THE DATE OF F16,14
-. T_„C D:JIS!0:; V; THE CFF(CE C. THE Cl'1 CLERK.
.. _:; n AI. ;,;•C� l='°SEP• E'3. SCT'':: 11. THE VA^IANOE DP SP°GAL PCR11T
;.'R--!': SHALL r. 1:•-'k- E= Ll C-;Tl COPY CF THE CE C!SV7:.. FEAR•''.: THE CERT-
3F CI"'i C..ER',. _.A: 2^ CA.] r'.' ;'_4?CED 45., NO APPEAL HAS S_°iJ Fi!LD.
ntT. !F SS.ii i.:: APrE:! H"°. c_E:. SErN DI: IS
II1 TH_ G'.IIH ESSL': PE-!'TRS -:.:S AjD rOESED U;:," IHE Ni .'.E OF THE OWNER
GF REC:RO OR IS RCLORDED AND No-,ED Cis Tl:- OV.NER'S CERTIFICATE CF TITLE.
BOARD OF APPEAL
BK010182'G018
git� of 5z lent, f ttssadjus `� 31 m, '89 I
\ I s Ponra rrf Appeal
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES
FOR 24 SAUNDERS STREET (R-2)
A hearing on this petitiop was held August 9, 1989 with the following Board
Members present: Richard Bencal, Acting Chairman; Messrs., Febonio, Luzinski, I
Nutting and Associate Members Dore. 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.
Petitioners, owners of the property, are requesting variances from use, density
and number of buildings of a lot to allow the construction of sixty (60) residential
units as previously granted, with provision allowing rental units. m
U
The Variances which have been requested may be granted upon a finding of the
Board that: —'
1
m
a. special conditions and circumstances exist which especially affect the
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district. - 1
o_
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. desirable relief may be granted without substantial detriment to the .
public good and without nullifying or substantially derogating from the y
intent of the district or the purpose or the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and C:)
after viewing the plans, makes the following findings of fact: o
1. The requested variances are the same as the variances granted February 17, p
1988 with the provision allowing the rental of said units.
2. A six (6) month extension on the February 17, 1988 decision was granted by
the Board of Appeal on February 22, 1989.
3. Because of the decline in. the market, the financial integrity of the project
will be adversely affected if petitioners.cannot rent any of the units.
4. There is no change in the original plans and the number of residential
units will remain the same.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
I. Special conditions exist which especially affect the subject property but
not the district generally;
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BK010182PGO19
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DECISION ON THE PETITION OF W 8 G REALTY TRUST FOR VARIANCES AT
24 SAUNDERS STREET, SALEM
page two
it
2. Literal enforcement of the provisions of the Ordinance would work a
substantial hardship on the petitioners; 1
3. The relief requested can be granted without substantial detriment to the 11
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the ,
requested variances from density, use and more than one building on a lot to
allow the construction of sixty (60) residential units with the additional
provision that the petitioners be allowed to rent said units, subject to the _y
following conditions:
I
1. All conditions of the decision granted by the Board of Appeal on
February 17, 1988 are to be strictly adhered to and are made part
of and incorporated into this decision.
i
2. Five (5) additional parking spaces are to be provided on the site for
the use of the residents of Saunders Street.
GRANTED
Ooh"-
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oh . Nutting, Secret j
I
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
i
i
Appeal L {
Gm Ras decision.if.ny,Shall 1)e made PI✓91n'll t0 Section V PI
We&Iris.General Law,Chopler,808.and shall be Was within 20 dpys t
o Ic:the dare nt lien: of F.r.dedsioa in the nitice CI the Cay Cl:,k. }
P.aeu;.nl:o Elms-CecC rel 1.�:as,Ch 8!P,! ,5^.alio, 11.the V.,rimCc I i
or a.^:.i a1 Pc m:J^,on.or'hm::br sh, �.:I F.:Fe^Ilett vn hl a copy 1:1 the
d-ii.-.a,b^•.:,the ai the Cily Pa.A liar 20]ovi Igve
+as1 1 ...I er Itr 1 'I. cl "PV^al l,r�bttn
hind,t6ut a h,st s the Sea,Essc. If
Rc,ithy of Deeds a,J mdemd ur.Ce,the name or the owner of record or �.
L recorded anti noted oa the Owners Cerh6cale of Title.
BOARD OF APPEAL
i 1
j
Dare s� OCT" 1589 'I
1 hereby certify that 20 days have er.oired E ;i
from the dciie', this Inst u,rnent was roc=_Fred,
and that Nl3,APPEAL has been filed in this
,{lice.
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A Troe Copy
ATTEST: ITY LEEK, Salem, rliass.
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BK 010182FGQ � 8
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DECISION ON THE PETITION OF W d G REALTY TRUST FOR VARIA14CES
FOR 24 SAUNDERS STREET (R-2)
A hearing on this petitioN was held August 9, 1989 with the following Board
Members present: Richard Bencal, Acting Chairman; Messrs., Febonio, Luzinski, !
Nutting and Associate Members Dore. 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.
i
Petitioners, owners of the property, are requesting variances from use, density
and number of buildings of a lot to allow the construction of sixty (60) residential
units as previously granted, with provision allowing rental units. m
v
The Variances which have been requested may be granted upon a finding of the o
Board that:
r
m
a. special conditions and circumstances exist which especially affect the
the land, building or structure involved and which are not generally
x
affecting other lands, buildings and structures in the same district.
CD
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
j
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the - f
intent of the district or the <
purpose or the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, ando
after viewing the plans, makes the following findings of fact:
0
1. The requested variances are the same as the variances granted February 17, o
1988 with the provision allowing the rental or said units.
2. A six (6) month extension on the February 17, 1988decision was granted by '
the Board of Appeal on February 22, 1989.
3. Because of the decline in the market, the financial integrity of the project (k(
will be adversely affected if pet i tioners.cannot rent any of the units. 1'
4. There is no change in the original plans and the number of residential ,
units will remain the same. j
On the basis of the above findings of fact, and on the evidence presented, the 4
Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but
not the district generally;
1.
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BK010182PGO19
DECISION ON THE PETITION OF W 5 G REALTY TRUST FOR VARIANCES AT
24 SAUNDERS STREET, SALEM V
page two
P.
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2. Literal enforcement of the provisions or the Ordinance would work, a
substantial hardship on the petitioners;
7. The relief requested can be granted without substantial detriment-to the
. public guod and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested variances from density, use and more than one building on a lot to
allow the construction of sixty (60) residential units with the additional
provision that the petitioners be allowed to rent said units, subject to the
following conditions:
1. All conditions of the decision granted by the Board of Appeal on
February 17, 1988 are to be strictly adhered to and are made part
of and Incorporated into this decision.
2. Five (5) additional parking spaces are to be provided on the site for
the use of the residents of Saunders Street.
GRANTED
o �
ohn P. Nutting, Secret
I 1
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
1
Anpeol 1•em this decision.it.mY.shall he made ywsnont to$eclan Vol
111c Mb s,General LU•.vs,Cha Vier 809,and shun be Pat vdlhln 20 days
u'I_r the da:..nt FW2 ul this decsina in the mien el the Cay re,Y..
PJ:•.c;.nl:U GI^.:G.Cc^.Crn11_a':q,:;h"n.••P,fk'.,$ _li'a 1 t,the v✓riblCe
cr:1F^:.int rp.ca nv'M1n::a Fl:.e!�.;I I::Me^Il.ct Until a C.e✓y cl the
J:::un.:.P^ Ve C hbt,•:u..a. thr City Cic:h Ib:d 20 Jays hvvc
- •L:•J.er M.d.its¢L anV••nl p✓p been
W1 J,thst it a,Leen.Jt<misso:or•: Jed is recmG•9 in :,e Soul4 Evze•
Re•�Icl.y of Oeed,and indeaed urdor the nnme or ue owner of record e,
L recorded and no:ed en the o•en,c s Ceraliote UI Tile.
BOAflO OF APPEAL
i
Date OCT �4'•19e9
hereby certify that 20 days have exp;r>d I
from the dc&e this instrument was recei•:cd,
and that NO,APPEAL has been riled in this
<- Nn ;
A Tnte Copy
ATTEST; tTY CLERK, Salem, Muss.
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,>uq� III
<b T Ctv of Ivm, 465adjusetts
i Pnttra of Appeal
DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES GRANTED
TO 24 SAUNDERS STREET
At a hearing held August 22, 1990, the Board of Appeal voted unanimously
to allow a six (6) month extension for Variances granted allowing con-
struction of sixty (60) residential units. Said extension shall be up to
and including March 20, 1991 . The six (6) month extension is based on
the previous decision having been recorded at the City Clerk ' s Office
on August 29, 1989 and the expiration of the twenty day appeal period.
ichard A. Bencal , Chairman
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR. TELEPHONE
JOHN R. SERAFINI,JR. 508-744-0212
JOHN E. DARLING 617581-2743
WENDY L.THAYER
TELECOPIER
JOSEPH P. COLONNA
508 741-46 83
August 23 1990
HAND DELIVER
Ms. Brenda Sumrall
City of Salem
Board of Appeals
One Salem Green
Salem, MA 01970
RE: 24 Saunders Street, Salem
Dear Brenda:
In connection with the Saunders Street decision to grant an
extension, could we recite basically what I had in the letter
application, just adding the date the decision was filed with the
City Clerk, and the date of recording in the Registry of Deeds, so
that six months from the effective date will refer to actual dates.
Please give me a call, if you have any questions.
FOHN
erelyR. SE FINI, SR.
JRS,SR. /ln
5ERAFINI, 5ERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. 5ERAFINI, SR, TELEPHONE
JOHN R. 5ERAFINI,JR. 508-744-0212
JOHN E. DARLING 617-581-2743
WENDY L.THAYER TELECOPIER
JOSEPHP. COLONNA -
508741-4683
August 6, 1990
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
RE: Variance Granted to Property at
24 Saunders Street, Salem
William Gordon et al, Trustees of
W. & G. Realty Trust (formerly Salem Shoe)
Gentlemen:
Please consider the enclosed application for extension of the
above referenced Variance granted by your Board for a period of six
(6) months from the effective date of that Variance.
While the owners have proceeded under the Variance granted to
demolish a building of approximately 50, 000 square feet, and have
done extensive site work and preparatory utility work,
nevertheless, the climate for development has changed drastically,
which has required a suspension of activities.
We would, therefore, respectfully request that this Board
grant an extension as provided in General Laws Ch. 40A, Section 10,
for an additional six (6) month period from the effective date of
the Variance granted for the property at 24 Saunders Street.
Respectfully submitted,
ohn R. Serafini, A orney
for W. & G. Realty Trust
JRS/ln
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR, TELEPHONE
JOHN R. SERAFINI,OR, 506-744-0212
JOHN E. DARLING 617-581-2743
WENDY L. THAYER TELECOPIER
JOSEPH P. COLONNA
506-741-4683
August 6, 1990
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
RE: Variance Granted to Property at
24 Saunders Street, Salem
William Gordon1 et al, Trustees of
W. & G. Realty Trust (formerly Salem Shoe)
Gentlemen:
Please consider the enclosed application for extension of the
above referenced Variance granted by your Board for a period of six
(6) months from the effective date of that Variance.
While the owners have proceeded under the Variance granted to
demolish a building of approximately 50, 000 square feet, and have
done extensive site work and preparatory utility work,
nevertheless, the climate for development has changed drastically,
which has required a suspension of activities.
We would, therefore, respectfully request that this Board
grant an extension as provided in General Laws Ch. 40A, Section 10,
for an additional six (6) month period from the effective date of
the Variance granted for the property at 24 Saunders Street.
Respectfully submitted,
gfoohn R. Serafinr W. & G. Realty Trust
JRS/ln