24 SAUNDERS STREET - ZBA (4) 24 Saunders St. R-2
W&G Realty Trust t
— -- - -- — — William Gordan, Trustee 1
,�
aye � �� ��
� �-��—
Ji�o �
I
APPEAL CASE NO. .. . . .. . . .. .. .. .. . . .. . . .
(9itg of Salem, gaswiripsetts
� ;.
pa ourb of (4pe tl
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land locatec
at NO. .44 .Saunders Street. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .$trent; Zoning District.R.2 . .
. . . . . . . . . . . . ; atfcfx3lfYtlf#i'�L�#x$�3x #es#adx$yxSssEis� b� . . . . . . . . . . . . . . . .
af�>tita®� c*p* * ' em@s� e��3axi lana g��sd€�x
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
Direct Appeal
Ll0
l.j
.0
r u
r.J "n w
'1 U i-
.... 0 U fL
r o
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed; as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See attached Schedule A.
William Gordon, Trustee
W & G Realty Trust
Owner.Uoxmerly. Sa.1.em slipp). . . . . . . . . .
c/o John R. Serafini, Sr.
Address. . . . . A3, Federal, 5pypt.,. Salem, 1
Telephone. . . 508 .7.4.4.-0.2. .12. . . .. . . ... . . .. ... ..
Petitioner. . JAhp. A•. Serpi ini.. Sr. .. . .. . . .. .
63 Federal Street
Address.. . . . Salem.,. MA. . 01970. . . . . . . . . . .. . . .
Date. .December 1,1,,, 1990, , , .
Telephone_ .. . 510P. 744.-0112. . . .. .. ... . . . . . . . . .
l W G Realty T,�}�sG
By. f. . . .-4:C4 :l/ .. . .. . . . . .
Three copies of the application must be filed with the Secretary of the Board of
. ,Appeals with a check, for advertising in the amount of. S71.75. . . .. .. . . .. . . . . ....
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The Board of Appeals previously granted Variances in
connection with the above described property, a copy of which is
attached and made a part of this application. The Board
additionally granted an extension of these Variances for six months
in August of 1990. Because of the continued decline in the real
estate market, the owners have been unable to proceed at this time
with their plans to develop the property. As you will recall, the
project had received approval not only from your Board, but also
from the Planning Board under Site Plan Review and from the
Conservation Commission. It was deemed to be a considerable
improvement over the shoe factory manufacturing operation which had
existed on the site and would eliminate a fairly intensive
manufacturing use. As the record shows, matters had also been
worked out with the approval of the neighbors and Ward Councilors.
Lending institutions have indicated that the downturn in the
real estate market will probably continue for another eighteen
months. Therefore, we respectfully request an extension for a
period of two years of the Variances previously granted on August
9 , 1989 , and extended by the Board on August 22 , 1990.
�• .s�� S 6JLth ,W ° y0/:1S• e y Cl/ / //
3b
�� 2l3M3S Blot _---- -
a
F// , m •
to 3 0 N � •� i � /:
Cj
At
4 ,
M
r o • Of. ° � � ��cow � k /•
4 O Ob
y bp/ pv
68 Jy997 /.
L • QS l pp9� p/sF
�!
'/P /6 Z6 F6 F p
Lb
r °
b d
Q/ /0/ 00/
Q A ° fp
to �� O /•
JFQ�l QQ/
696/I/
6
Otis tiv(0 ; ONIHaVd
/ C O p tgsb
po'ur 6BQr Q/ago
f/ Q/ O62
bti ti� O II
/V
as. P to 4°
/06.F, r'rfi 'a d
Oem
t
C4, /
/ O
sPj []+ v
r a
os
:roar
/k 1 •
r'�
DATE OF HEARING
PETITIONER
LOCATION X z
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
I RIGHARD`'FEBONIO'
EDWARD LOZINSKI
MARY JANE STIRGWOLT
ASSOCIATE MEMBERS
XiN GRADY
ARTHUR LABRECow$ C
IDITIONSS: 7 lZ fj�
(f itU of ttlem, C ttsstttljusetts
AGENDA
January 16, 1991 - 7:00 P.M.
2nd Floor - One Salem Green
U 1 . Executive Session
2. 22 Kosciusko St. ,W. David Crosby owner. Remanded to the Board
by Superior Court 4
3. Continued - Petition of Salem Hospital for Variances to allo ' ,q
construction of a Day Care Facility at 1-3 Colby St. (R-1 ) �(/I
4. Petition of W & G Realty Trust for a two year extension 5 on .Variances that have been granted allowing construction of ixty )
(60) residential units at 24 Saunders St. (R-2)
j) 5. Petition of John & Patricia Taft for a Variance from frontage to
(f allow division of land and construction of a single family dwelling
at 70-72 Dearborn St. (R-1 )
l D6. Petition of Silvano & Kim Dinicola for Variances to allow deck and
stairs at 29 Circle Hill Road. R-1 )
7. Petition of Stephen Haley for a Special Permit to allow construction
of an addition at 45 Mason St. (BPD)
/YY 8. Petition of Michael & Ann Tomsho for Variances to allow two family
dwelling at 9 Cambridge St. (R-2)
9. Petition of Philip Jesonaldo for Variances from density and parking
to allow a two family dwelling at 23 Becket St. (R-2)
u
10. Approval of minutes as transcribed - October 17, 1990 and
November 71 1990 and, minutes as taped - November 14, 1990.
for the/ 3 B
BOAR OF APPEAL
Brenda M. Sumrall
Clerk of the Board
V
' a (fitn of �Ujvm, ^fttssnc1lugrits
SI Boura of .Aupeal
DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES
GRANTED TO 24 SAUNDERS STREET ( R-2 )
At a hearing held January 8, 1992, the Board of Appeal
voted unanimously, 5-0 , to allow a six ( 6 ) month extension
for Variances granted allowing construction of sixty ( 60)
residential units . Said extension shall be up to and
including August 20 , 1992 .
Edward Luzinski , V. Chairman
Board of Appeal
ti
r
r
L
ofttlPm, � ussrzcltusPtts
- s Batts of ,Aufreal JAN N v®
FF l it
DECISION ON THE PETITION OF W.G. REALTY TRUST FOR A VARIAN�1"
AT 24 SAUNDERS ST. (R-2) ;IPY CI,LI: "L, ;
A hearing on this petition was held January 16, 1991 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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, owner of the property, is requesting a Variance to allow the con-
struction of sixty (60) residential units. The request was amended from a request
for a one year extension to a request for a Variance. Property is located in
a Residential Two Family District. Request is for condominiums & 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 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 of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The Board of Appeal granted variances concerning this parcel on February 17,
1988 with a six month extension on February 22, 1989 and on August 9, 1989
with a six month extension granted on August 22, 1990.
2. The downturn in the economy has prevented construction of this project
as planned.
3. The total number of parking spaces that are to be maintained on the site is
ninety five (95) . Five of these spaces are to be made available to the
residents of Saunders Street.
4. The proposed use of this site as a residential development is consistent with
the character of the neighborhood unlike the previous existing building and use.
5. The site is unique in its topography, as it is located adjacent to the North
River and is substantially larger than other parcels in the zoning district.
DECISION ON THE PETITION OF W. & G. REALTY TRUST FOR VARIANCES AT
24 SAUNDERS STREET, SALEM
page two
6. It is not feasible, nor in conformity with the City of Salem Master Plan, to
redevelop this site with an industrial or manufacturing use like that previously
located there.
7. The petitioner has made assurances that the site will be kept reasonably clear
of weeds and other debris.
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 especially affect the subject property but
not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
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 petition,
as amended, for a Variance, subject to the following conditions:
1 . This decision incorporates all conditions of variances granted by the Board
of Appeal concerning this parcel on February 17, 1988 and on August 22, 1989,
which are as follows:
a. Construction be as per plans submitted and be approved by the Planning
Board.
b. Proposed construction conform to all applicable provisions of the Massach-
usetts State Building Code, the Salem Fire Prevention Code, the Salem City
Ordinances and the Massachusetts General Laws relative to fire safety.
c. All requirements of the Salem Fire Dept. be strictly adhered to.
d. Proper numbering be obtained from the City of Salem.
e. All snow removal and trash removal be solely at the expense of the
Condominium Association and be part of the Condominium documents.
f. The condominium documents control the sale or rent of the parking to the
owners of the condominiums only.
g. A certificate of occupancy for each unit be obtained.
h. The lot be landscaped as per plans and as approved by site plan review.
i . Public safety access be maintained as per plans submitted, and meeting
fire and police requirements.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES
AT 24 SAUNDERS ST. , SALEM
page three
j. Ingress and egress be on Saunders Street only.
k. Ninety five (95) parking spaces be maintained, five (5) of these spaces
are to be provided on the site for the use of the residents of Saunders
Street.
1 . Developer confer with abutters as to the establishment of proper buffer
between the development and the abutters property.
2. The site is to be kept reasonably clear of weeds and other debris.
Variances granted
January 17, 1991
Mary JrjF Stirgwolt, Mi6fter, Board of Appeal
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 mass.General Laws, Chapter Eos,and shall be filed within 20 days
after the date of filing of this decision in the office of the city clerk.
Pursuant to A7a,s.Gane,:: L-WS is "
8rs, section 11, the variants
or Soecial Permit ftran a4 I,' '= �^'l" -.at take effect until a copy of the
'decision, baarin9 the cera;l nl 1he city cif rk tsuchat appeal ays have
en
elapsed and no aor'al ha: bee i 1:;:,I. or that,
filled,that it has ween d:".m i.5ed or .`emed �s recorded in the south Ecscx
Registry of De;ds and indexed un!er the name or the owner of recorJ or
recorded and noted on the o'.vner's Certificate of Title.
BOARD OF APPEAL
i ��
(%��G%��
��'
Gam(
��
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 617 581 2743
ELLEN M.WINKLER TELECOPIER
JOSEPH C, CORRENTI January 8, 1992 508-741-4683
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
RE: Variances Granted to Property at
24 Saunders Street, Salem
W & G Realty Trust
Gentlemen:
Please consider the enclosed application for extension of the
above referenced Variances which were granted by your Board by
Decision dated January 17, 1991, for a period of six (6) months
from the effective date of that grant.
While it is the Petitioner' s desire to go forward with the
construction of sixty (60) residential units, as permitted by the
Board in this matter, economic conditions have not recovered to a
level which would make such a venture viable. The Petitioner,
however, wishes to keep the Variances from lapsing, so as to be
able to commence construction when the climate for development
improves.
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 Variances granted for the property at 24 Saunders Street.
Respectfully submitted,
R. SERA NI, SR `
torney for
W &' G Realty Trust
JRS, SR. /ln ^n
D
Ctu of ttlem, � ttssucl�usetts
s Bottra of Au}Tenl JAN 30 90
DECISION ON THE PETITION OF W.G. REALTY TRUST FOR A VARIAW
AT 24 SAUNDERS ST. (R-2) ;ITYCLLi!n:, :;;,; ' ii. .; ,.}r..
A hearing on this petition was held January 16, 1991 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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, owner of the property, is requesting a Variance to allow the con-
struction of sixty (60) residential units. The request was amended from a request
for a one year extension to a request for a Variance. Property is located in
a Residential Two Family District. Request is for condominiums & 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 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 of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The Board of Appeal granted variances concerning this parcel on February 17,
1988 with a six month extension on February 22, 1989 and on August 9, 1989
with a six month extension granted on August 22, 1990.
2. The downturn in the economy has prevented construction of this project
as planned.
3. The total number of parking spaces that are to be maintained on the site is
ninety five (95) . Five of these spaces are to be made available to the
residents of Saunders Street.
4. The proposed use of this site as a residential development is consistent with
the character, of the neighborhood unlike the previous existing building and use.
5. The site is unique in its topography, as it is located adjacent to the North
River and is substantially larger than other parcels in the zoning district.
DECISION ON THE PETITION OF W. & G. REALTY TRUST FOR VARIANCES AT
24 SAUNDERS STREET, SALEM
page two
6. It is not feasible, nor in conformity with the City of Salem Master Plan, to
redevelop this site with an industrial or manufacturing use like that previously
located there.
7. The petitioner has made assurances that the site will be kept reasonably clear
of weeds and other debris.
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 especially affect the subject property but
not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
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 petition,
as amended, for a Variance, subject to the following conditions:
1 . This decision incorporates all conditions of variances granted by the Board
of Appeal concerning this parcel on February 17, 1988 and on August 22, 1989,
which are as follows:
a. Construction be as per plans submitted and be approved by the Planning
Board.
b. Proposed construction conform to all applicable provisions of the Massach-
usetts State Building Code, the Salem Fire Prevention Code, the Salem City
Ordinances and the Massachusetts General Laws relative to fire safety.
c. All requirements of the Salem Fire Dept. be strictly adhered to.
d. Proper numbering be obtained from the City of Salem.
e. All snow removal and trash removal be solely at the expense of the
Condominium Association and be part of the Condominium documents.
f. The condominium documents control the sale or rent of the parking to the
owners of the condominiums only.
g. A certificate of occupancy for each unit be obtained.
h. The lot be landscaped as per plans and as approved by site plan review.
i . Public safety access be maintained as per plans submitted, and meeting
fire and police requirements.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES
AT 24 SAUNDERS ST. , SALEM
page three
j . Ingress and egress be on Saunders Street only.
k. Ninety five (95) parking spaces be maintained, five (5) of these spaces
are to be provided on the site for the use of the residents of Saunders
Street.
1 . Developer confer with abutters as to the establishment of proper buffer
between the development and the abutters property.
2. The site is to be kept reasonably clear of weeds and other debris.
Variances granted
January 17, 1991
Mary JipfFfStirgwolt, M ber, Board of Appeal
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 Mass. General Laws. Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the city Clerk.
• 8(18, Section 11, the variance
Pur,uant to Atass. Gana,:: L'e'is. '- h..p e.
or Qpedal Fermis t+,raP:�' h-�'=`n st'�" aot take effect until a copy of the
or 6peci Fermi the cert'h'_,.Ton of i.he city clerk that 20 days have
decisionsocial ha: beet lo`d. ur that, if such appeal has been
elapsed and no
Tied, that ii has been di^.rnisse:l or .'er ed is recorded in thr South Ecscs
Registry of oeads and indexed un!er the name or the owner of record ar
(e o,ded and noted an the caner's certificate of Title.
110ARD OF APPEAL
T (gitg of Salem, 'fflttssadj'usetts
Paurb of A"eal
January 30, 1991
NOTICE IS HEREBY GIVEN THAT AS OF THIS DATE THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE
CITY CLERK TO GRANT THE PETITION OF W & G REALTY TRUST FOR
VARIANCES TO ALLOW CONSTRUCTION OF 60 RESIDENTIAL UNITS
AT 24 SAUNDERS STREET.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
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 20 days
after the date of filing of this decision in the office of the City clerk.
pursuant to Mass. General Laws, Chapter 808, Section 11,the Variance
;per.i:il Permit granted herein shall not take effect until a copy of the
''e l cation of the City clerk that p days hash
ave
ion, bearing the certifibeen
elapsed and no appeal has been filed, or that, if such app
mis
,stry of has
that i! has been dissed or denied is recorded in the South Essex
tiled
Reg; and indexed under the name or the owner of record or.
is recorded and noted on the owner's certificate of Title.
BOARD OF APPEALI
12-26-90.'06:38:13.53148-LEGA�x»�,..._
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by W &G Realty
Trust for a two year extension on Variances that
were previously granted allowing construction of
sixty(60) residential units at 24 Saunders St. (R-
2). Said hearing to be held Wednesday, January
16,1991 at 7:00LCHARDeA�BENCAL, Chairlem Green,2nd lman
January 2, 9, 1991
12-26-90.06:38:13.53148-LEGA
CITY OF SALEM
BOARD OF APPEAL
745.9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by W &G Realty
Trust for a two year extension on Variances that
were previously granted allowing construction of
sixty (60) residential units at 24 Saunders St. (R-
2). Said hearing to be held Wednesday, January
16, 1991 at 7:00 P.M.,One Salem Green,2nd floor.
RICHARD A. BENCAL, Chairman
January 2, 9, 1991
r
48-LEGA
F SALEM
F APPEAL
5 Ext. 381
aring for all persons inter-
ested in the petitionsubmitted by W & G Realty
Trust for a two year extension on Variances that
were previously granted allowing construction of
sixty (60) residential units at 24 Saunders St. (R-
2). Said hearing to be held Wednesday, January
16, 1991 at 7:00 P.M.,One Salem Green,2nd floor.
RICHARD A. BENCAL, Chairman
January 2, 9, 1991
APPEAL CASE NO. . . . . . . . . .. . . . . . . . . . . . . .
" Otg of tt1em, tt$ ttcl�u�e##s
< - oarb of Appeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .?4 ,Saunders Street, , , , , , , , , , , , , , . . . . ,g*r-op%; Zoning District.R.Z . .
ofix �b�:s�sx9�a�e� lu�ia� de� . . . . . . . . . . . . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
Direct Appeal
f� QJJ
UJCn Q
47-
00
CXJ
CD
c
C
c� n
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem"
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed; as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See attached Schedule A.
William Gordon, Trustee
W & G Realty Trust
Owner.UoxmP_r.1.y. SAJ€m JWP). . . .. . . . . . . . . . .. . .
c/o John R. Serafini, Sr.
Address. . . . . ,6,3, Federal, Stxeet,,, Salem? MA, , , ,
Telephone. , , 508 744.0212
Petitioner. , JP11A A.. Sexafini.. Sr, . . .. . . . . . ..
63 Federal Street
Address. . . . . Salem . NA.- 01970. . . . . .. . . . . . . . ..
Date. ,December ,11,, 199Q , , ,
Tel ephone. . . 59;3. 794.-0212. . . . . . . . . . . . . . . . . . . .
W G Realty TT lus
By. . �`--0. ... ��14��1. . . . . . . . . . .
Three copies of the application must be filed wit the Secretary of the Board of
, ,;!Appeals with a check, for advertising in the amount of. SJ2.75. . . . . . . . . . . . . . . . . . .
+four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
L
SCHEDULE A
The Board of Appeals previously granted Variances in
connection with the above described property, a copy of which is
attached and made a part of this application. The Board
additionally granted an extension of these Variances for six months
in August of 1990. Because of the continued decline in the real
estate market, the owners have been unable to proceed at this time
with their plans to develop the property. As you will recall, the
project had received approval not only from your Board, but also
from the Planning Board under Site Plan Review and from the
Conservation Commission. It was deemed to be a considerable
improvement over the shoe factory manufacturing operation which had
existed on the site and would eliminate a fairly intensive
manufacturing use. As the record shows, matters had also been
worked out with the approval of the neighbors and Ward Councilors.
Lending institutions have indicated that the downturn in the
real estate market will probably continue for another eighteen
months. Therefore, we respectfully request an extension for a
period of two years of the Variances previously granted on August
9, 1989, and extended by the Board on August 22 , 1990.
1
BK010182PG018
git4l of �nlent, fflassndl115&3
Foam of ( iFpenl
DECISION ON THE PETITION OF w d G REALTY TRUST FOR VARIANCES
FOR 24 SAUNDERS STREET (R-2)
A hearing on this petitio0 was held August 9, 1989 with the following Board
Members present: Richard Bencal, Acting Chairman; Messrs., Febonlo, Luzinski,
Nutting and Associate Members Dore. Notice of the hearing was sent to abutters 1
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
Board that: —,
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. '
I
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the 4
intent of the district or the purpose or the Ordinance. )
The Board of Appeal, after careful consideration of the evidence presented, ando f
after viewing the plans, makes the following findings of fact: i
o `
1. The requested variances are the same as the variances granted February 17, o t
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 it petitioners cannot rent any or the units. I'
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
Board of Appeal concludes as follows:
I. Special conditions exist which especially arfect the subject property but
not the district generally;
f
V9..
)
BK010182PGO19
DECISION ON THE PETITION OF W 8 G REALTY TRUST FOR VARIANCES AT I!�
24 SAUNDERS STREET, SALEM 1
page two
�r
b:
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 1
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:
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.
2. Five (5) additional parking spaces are to be provided on the site for I
the use of the residents of Saunders Street.
GRANTED
1
K�1�'J � I I
)Ohg. R. Nutting, Secret y i
I I
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
1
Appeal f.cm ods decision,it any.shin be made onsuanl to Section 17 of
the Llass.General La,vs.Chnpe,£0£,and shall be litzd within 20 days
aft"Ih"da;"Of IibnC Of this decision in tire Office el the l.•ay CMrk.
P J•e.esnt:o LLr.;.CC C"'I.:•S].C" 0! OV,S:Clin:l 11.tile_variance !
or::I rt:ipl ri,nt I^-n.C:•he:nni sh't ..:I tAc^11.ct onlil a[epy et tilt
J:::. :.[.4'•r 4.1 Iht•oa LLC d:Wu at Ibc City rich 11 pt 20 Jav:have
.. s It—1.-J.C IRd,it<vh anV,:.. Los Lccn
filOJ,Ovt it n_ rmen'Ucots.••:-1 isrCcine.:i in file Saw',Elea
RcSf%Iry of Deeds anal iodezcd ender then me or the.,,act of e,o,d or
L recorded anti noted on the mvaer's Cerwicale of Till,.
DOAND Or APP[gL
i
i
t�tes�`
OCT�,I 4,,15e9
1 hereby certify that 20 days have cxoird i
from the dd+e'• this instrument was received, j
and that NG,'APPEAL has been fled in This
office.
A Tnra Copy t
N
ATTEST: IiY 'LERK, Salem, ASass.
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . .
(lift of �Iem, Itts�ttcu�E#fs
paurb Df jAppeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .?4 ,Saunders. Street. . . . . . . .st1�P8t; Zoning District.R.2_
�tkx3f$tF #I'L��Tx$SxgT#ss#edxbyx$L+s#�87V3�. .
adx #t�usv�ohFp9t+Q:�+.���xKlativxgx . . . . . . . . . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
Direct Appeal
J O
W x
d O x W
00 UCC
on C=3
w _
Cy
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed; as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See attached Schedule A.
William Gordon, Trustee
W & G Realty Trust
Owner.C£oxmer?y. SpjeA Shnp). . . .. . . . . . . . . ..
c/o John R. Serafini, Sr.
Address.. . . . fi,3, Federal. Street. Salem� .MA. . . .
Telephone. . . 508. 744.0212 .
Petitioner. . JPhp. A•. Sexafani,. Sr, . . . . . . . . . . .
63 Federal Street
Address. . . . . Sa1r-m . MA. . DJ970. . . . . . . . . . .. . . ..
Date. •December ,11,,, 1990, , , ,
Telephone.. . SPP. J44.-P2)2. . . . . . . . . . . . . . . . . . .
l W G Realty T 'ust
By. J!� .�. . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
. ,Appeals with a check, for advertising in the amount of. 02.75. . . . . . . . . . . . . . . .. . .
+four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The Board of Appeals previously granted Variances in
connection with the above described property, a copy of which is
attached and made a part of this application. The Board
additionally granted an extension of these Variances for six months
in August of 1990. Because of the continued decline in the real
estate market, the owners have been unable to proceed at this time
with their plans to develop the property. As you will recall, the
project had received approval not only from your Board, but also
from the Planning Board under Site Plan Review and from the
Conservation Commission. It was deemed to be a considerable
improvement over the shoe factory manufacturing operation which had
existed on the site and would eliminate a fairly intensive
manufacturing use. As the record shows, matters had also been
worked out with the approval of the neighbors and Ward Councilors.
Lending institutions have indicated that the downturn in the
real estate market will probably continue for another eighteen
months. Therefore, we respectfully request an extension for a
period of two years of the Variances previously granted on August
9, 1989 , and extended by the Board on August 22 , 1990.
j
BOARD OF ASSESSORS
CITY HALL PAGE.
SALLM, MA Uly/U
2
2 DATE 12/20/90
CERTIFIED, ABUTTERS' LIST.
3
4
0 1 SUBJECT PROPERTY: .,MAP36 LOT: 0067 SUFF.- fi
o
t PROPERTY ADDRESS: 0024. SAUNDERS STREET'
7SS
AESSED OWNER , I ;, - r, 9 T 9
w c. u ,FT
08 WERBIN"I 11 & GORDON, W TR 10
• 110
9
12
0- MAP CO I SUFF —PROPERTY ADDRESS ASBES MAftING AD s 13
:4
✓0 0
6 0095 00-15 PEARL STREET' TECZAR JOSEPH S 15 PEARL ST
2 J 16
3 MICHELL.L., H 17
0 4 36 0096 0013 ,PEARL STREET DOUCETTE 'JANET- 13 PEARL ST ✓
:s o
5 SALEM MA 01470
70 20
GPIT QT
36 Ul I I Uu'Zlj CONAN i �5 i HL.t. I MCDONAtl.) JAMES A 2z�_e"Nldll - 1 � 21
7 SALEM MA 0-1970 22
02310
8 36 0112 0025 CONANT STREET MCDONALA) JAMES A 23 CONANT' STREET 24
25
2,
0 0 36 0123 0022 CONANT STREET SMITH ALBERT CONANT ST "o
I STACIA P ' SALEM MA 04970 28
2 76 0144 0019 SKERRV STREET MA235 OF 29
DEPT OF PUBLIC WORKS 3
0 1 - 6 0145 0012 SKERRY STREET 20 3010
4 3 SALEM CITY OF CARLTON SCHOOL. ✓ 32
5 33
0 Z6 36 0424 0102 WEBB STREET POSTON & MAINE R R IRON HORSE PARK 34
0
27 BOSTON & MAINE CORP-TAX DEPT NORTH BILLERICA MA 01862 35 36
28—36 0455 ee24 e0NANT STREEF MASS eOMMONWEAETH OF 37
0 29 39
o
30 40
31 41
32 :2 o
0 3
33
34 45
46
0 35 470
6 48
7 49
50
39 52
40 53
50
0 41
5510
42 56
43 67
590
45 ...... 't
46 61
0 47 120
fi3
48 64
49 m V 65
A
0 5a
:11 0
51 sa
52 69
0 53 ;01 0
54 72
55 73
�4 o
PETER 11. CA
CHIEF ASSESSOR
BOARD OF ASSESSORS
CITY HALL PAGE. 110
SAI EMq, .MA k; 01970 ,
2
DATE 12/20/90 3
v
3 CERTZFIED`ASUTTERS LIST e 4
5
5 SUBJECT PROPERTY: MAP. 36 LOT: 0087 SUFF. 0
PROPERTY ADDRESS: 0024 SAUNDERS STREET
7 ASSESSED OWNER ��'TY� T Lf- 1� 9
t, x. WERBIN I M & ,GORDON W TR
:,1 0
12
10 MAP LOI SUFl- PROPERIV ADDRESS- ASSE PlAlIzING ADDRE 13
: 0
0 11 4
5
12 175 00::'5 0242 BRIDGE STREEr BOSTON & MAINE RR IRON HORSE PARK
13069T ON & MAINE ee F-TAX 2 li
014 35 0030 0056 HOWARD STREET GENERAL MILLS' FUN -GROUP INC -190 BRIDGE STREET 610
SALEM MA 01970
0
15 20
6 56 oof5 eeee SHITH STREET* -7 GAMCCXR�- RD 21
RC4BEFv. T G
0
S
1 ANDRA L. IPSWICH MA 01938 2210 3
8 36 0044 0024 LEMON STREET OKEEFE WILLIAM P JR 24 LEMON ST 24
9 PATRIelA A 5'6LEM No, ev?7 25
0 36 0046 0003 LEMON STREET COURT JONES JOSEPH L ET ALI 5-; WHARF ST 2' 0
0 SALEM MA 01970 21
28
2 36 0047 0081 EEHON STREET 6E)()RT- ROJAS RONAL.9 4 66 ,NO,N ST GT 29
23 THORNTON MAUREEN SALEM MA 01970
0 310
24 36 0048 0002 LEMON STREET COURT JLlRAL.EWICZ FAMILY TRUST 2 LEMON ST CT 32
5 1010 10104L4RA1010GW:EGZJURAL_WIGZ M A TRS SA4=E+l 33
6 36 0056 0 02 0 CROSS STREET0 34 KOCIALKA SIGMUND 20 CROSS ST
7 JAGLOWSKI ANNA SALEM MA 0-1970 36
�6 G9S=9 0049 CROSS STREET ROPH.11A F . 9 CRO�;2 RT 35
37
SALEM MA 01970
0 29
36 0073 0106 BRIDGE STREET S14YDERI-IAN LAURENCE R 11 LEHMAN ROAD
30 39
40
31 CAROL L 1010 1010 1010 NA 94-94b 41
32
36 0075 0005 SAUNDERS STREET' YOUNG RAYMOND L. 87 FEDERAL STREET u10
I I ". I " SALEM MA 01970 3
33
34 6 0076 - 0_44 SAI NPERS STREET GRAY DONALD -E. ---1-1—SAUNDERS ST 45
SALEM MA 01970 ✓ 4
35 42
36 0077 0013 SAUNDERS STREET W J C TRUST 13 SAUNDERS ST6 •r 4a
37 AIrPP- IA01970 49--
0016 SAUNDERS STREET 7 16 SAUNDERS ST' 50
-76 0076 BYRNE LESLIE A SALEM MA 049-13 110
52
40 96 9079 OG4� SAUNDERS S T R E Lz::T 14 �;Aul4)F-;.,RS_ "-S 53
041 ELIZABETH J SALEM MA 0.1970 5410
42
36 0088 0008 CROSS STREET COURT L.AMPRON PAUL F 8 CROSS STREET COURT ✓ 55
R r__ A SALEM MA 01970 56
43
47 RAIL.ROAD'AVE . ....
16 0089 0010 CROSS STREET LAFO -IN
: ZiE JOt :1
j , -71010 k -)P 5: *
Vl Rc LE'V_MA,- 0-1969 so
45 SN �PATRI CIA
46 2;6 9902 9906 RE'ARL GTREFT KWL.AK THONAg 8 PEARL STREET61
47 DIANNE M SALEM MA 01970 62
48 36 0093 0010 PEARL. STREET FRANCIS WINFIELD S M 10 PEARL ST 63
PIA 0 41 97P 64
49 65
950 L,
��-,36 0094 A.- 0012 PEARSTREEELAIS DONALDR
T 12. PEARL. ST _ :6 •
I �
SALEM MA 0197,�
S 6
1 AN " , 68
CY it
,2 69
70
51
54
55 -v A. w 1010PETER4M. CA 01410 ,
56 34
)R,
Is
CHIEF�, ASSESS(
I�
/ CN
0
C
• \� 4/B/��a /f
. �l� O3 U °O -•
/40
lb
n 0
i /sr iot9 2p °t /2T
0
% yo3 /// eb
/e /Z
V 4?Op . /p9 s/pe g o r
Coo
j PARKING i 0 �Co
)jry00 ,
s 9oi// ryy'� 69�q 10
00 /
fa
tZ a
A � A � cryo
9 �/ • R (
e
3a7
/ ° 3,93992 9/ df,. .
i° 341
6'00` ss06614C CO
io
9`p0
a
ro0 0•
/ O
7.
//9
0iq u'e a� 0� JSt,
S
N Ole R s ea n fb
x'96
B31
�� sjt'1
- - eo4 S. T
SEWER !{ / � / 9069 R�e7'
fgSk-
tA
v
Ci
VyG SrPn`
/f
2-2 I`T39
`i C4L .. Si_X m.0Y,_Vh ey ensjor� _i
_.) USA- ?2 19 90.
• - t k 4-k
i
-61 u m 6e 0
._ : cLre.. A-6 - be rno_e \4 ec, ec .o 1 Iw . s 4e- . i 5 h� ne} - _
spa
._es
tea 0- d e. . .0-V O-L l Bbl e -
pVC).P6 S e. 0 S e..- - e) 5_ <.>'i f-
I K c�eti ilQ C�2ue� Opme i j 5 - �arls� S en W� h
of I e he I�Y )L,C;eQ L) Lc,
On
IuC `Ts 4,-epo r� Lj :cis
4-c �Lr �-G Ido +k �BZ, vcp- c-r)d.
r -
_ •_ _. __02' 4 S�hd.ers 51-,_ _ Lc.���l-, _ _ _ _ __ _ _- ._.__�_ ____
n64_
I,J�.-�P� _y��11 t n�Js �+i�
.. .. . _ _.. -iQ_`�1j.,.�(1.J.1�c�T-v h-i (�SG_ _ II -�L - ._=1.-hGvl -. --�1�✓uOilS I� I_ bC.o��
s;
w e
44c__ e5 .
- r�xj-(__ b� . �I Q� Boca Tf_ of �pe�e..,lc-o_ncer-n'.),T ,
�n ku v3
It 11 ,
4-0 . 6c-- Le-p+ rem.- a
ff,