24 SAUNDERS STREET - ZBA (5) _ 24 Saunders St. R-2 I _
/^ W'& G'Realty,Trust `f
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_M DATE OF EEARTNG �9
PETITIONER oC
LOCATIOT: '
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LOTION: TO GRANT SECOND
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TO DENY A SECOND
TO RE—HEAR SECOND
LEAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
ROLL CALL PRESENT GRANT
DENY WITHDRAW RE—HEAR CONTINUE
STEPHEN O'GRAUY 4X
GEORGE A. AHMEDy/
FRANCIS GREALISH
EDWARD LUZINSKI /
STEPHEN TOUCHETTE
ASSOCIATE ']EMBERS
RGNft .., . ..
ARTHUR-
CONDITIONS:
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS01970
JOHN R. SERAFINI, 5R. TELEPHONE
JOHN R. SERAFINI,JR. 508 744 0212
JOHN E. DARLING 617.581-2743
ELLEN M.WINKLER TELECOPIER
JOSEPH C. CORRENTI
506-7414683
May 25, 1993
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
at a hearing held on July 22, 1992 , 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, the economic downturn has adversely
affected the multi-family construction market, and 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 has sufficiently recovered.
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,
JOHN R. SERAFINI, SR. ,
Attorney for
W & G Realty Trust
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DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET (R-2)
A hearing on this petition was held July 22, 1992 with the following Board
Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Stephen Touchette and Associate Member Arthur 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, owner of the property, is requesting variances from use,
density and number of buildings on a lot to allow the construction of sixty
(60) residential units . The property is located in a Residential Two
Family District.
The Variances which have been requested may be granted upon a finding by
this Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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 January
16, 1991 with a six month extension granted on January 8, 1992.
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 (5) 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
building and use.
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DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES;nT 21F SAUNDERS
STREET, SALEM N
page two
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 district.
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 in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3 . Desirable relief 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
Variances requested, subject to the following conditions:
1. All conditions of Variances granted by the Board of Appeal concerning
this parcel on February 8, 1988, August 22, 1989 and January 16, 1991,
shall be incorporated and made part of this decision. Said conditions are
as follows:
a. Construction be as per the plans submitted and be approved by the
Planning Board.
b. 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.
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 plan 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
STREET, 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 periodically reasonably clear of weeds and other
debris and maintained and cleaned at all times.
VARIANCES GRANTED
July 22, 1992
Richard A. Bencal, Chairman
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 MASSACHUSETTS GENERAL LAWS CHAPTER 40A, AND SHALL BE FILED WITHIN 20
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY
CLERK. PURSUANT TO 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 CERTIFICATION 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 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.
BOARD OF APPEAL
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The Petitioner proposes to use a portion of an existing
vacant building as an automobile service station. The Petitioner
is the Lessee under written Agreement for the premises situated at
the rear of 9-11 Franklin Street, Salem, Massachusetts.
Presently, there are two buildings located on this site,
one which is occupied by . Ideal Transmissions Co. and the other
which is vacant. The Petitioner proposes to use the rear portion
of the vacant, non-conforming building as an automobile service
station. The building, which was formerly occupied by Essex Tile
Company and has been vacant for a few years, will be divided so as
to give Petitioner approximately 5,000 square feet of space. A
small office area and storage space will be a portion of that 5,000
square feet.
The Petitioner's business consists of general mechanical
servicing and repair of automobiles. There will be no fuel pumps
at the site nor will there be any painting of automobiles. An
existing large overhead door will serve as access to the work area,
and all work and equipment will be inside the building.
The premises is zoned B-1/R-2 . Automobile service
stations are a specially permitted use in a B-1 zone, but are
excluded from R-2 zoning uses. Part of the premises is currently
being used as an automobile transmission repair shop, while other
neighboring property uses include a gasoline filling station, a
boat yard, a salvage yard, and a car wash and wax facility.
Petitioner submits that the proposed change in use will not be
substantially more detrimental to the neighborhood than the
existing or present use, and is otherwise consistent with the
Zoning Ordinance. The Petition can be granted without nullifying
or substantially derogating from the intent and purpose of the
Ordinance. Thus, the Petitioner requests a Special Permit allowing
the proposed use for this site.
Article VII, section 7.2 of the Ordinance sets out
Supplementary Regulations dealing with automobile service stations
which, arguably, may apply to this Petition. While this section
sets out density regulations for the construction and operation of
automobile service stations, the Petitioner requests a Variance
from these requirements to allow the operation of the proposed use
in the existing building and lot as shown on the plans submitted.
i
The Petitioner submits that this premises is unique to
the neighborhood in that it is multi-zoned, which is a condition
not generally affecting other lands, buildings and structures in
the same District. Also, literal enforcement of the Ordinance
would cause a substantial financial hardship to the Petitioner and
1
the owner of this land, as virtually all of the abutting properties
are uses of the same or similar type. Compelling the Petitioner
to bring this existing, non=conform building and lot into literal
compliance with the Ordinance would be prohibitive.
Granting the desired relief may be done without
derogating from the intent of the District or the purposes of the
Ordinance and without substantial detriment to the public good as
the proposed use fits nicely into this area.
Wherefore, the Petitioner respectfully requests that the
Board grant the proposed Special Permit and Variance to allow the
operation of the automobile service station at this site.
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August,6 ''1992
Notice is hereby given that as of August23,11'992 the decision of
the Board of Appeal has been filed in the office of the City Clerk
to grant the variances of W & G Realty Trust to. allow construction
of sixty (60) residential units at 24 Saunders St.
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 Boa' and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursu&nt to Mass. Genera: Laws, Chapter 808, section 11, the variance
yr ,-ecial Permit Granted herein shall not take effect until a copy of the
decision, Caarin'th'= I has'cion of the city Clerk ave
been filled,or that, if uchaappeal t 20 4ys h
has been
elapsed and no appe.
filed,that it ties been dismissed n denied is recorded in o the South Essex
serlecorded and noted lnex
in the ownerrs ce t f cate ofdethe name or hTitla owner of record of
BOARD OF APPEAL
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DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET (R-2)
A hearing on this petition was held July 22, 1992 with the following Board
Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Stephen Touchette and Associate Member Arthur 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, owner of the property, is requesting variances from use,
density and number of buildings on a lot to allow the construction of sixty
(60) residential units. The property is located in a Residential Two
Family District.
The Variances which have been requested may be granted upon a finding by
this Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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 January
16, 1991 with a six month extension granted on January 8, 1992.
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 (5) 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
building and use.
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DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCE AT 2:FSAUNDERS
STREET, SALEM v' c.0
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page two
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 district.
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 in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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
Variances requested, subject to the following conditions:
1. All conditions of Variances granted by the Board of Appeal concerning
this parcel on February 8, 1988, August 22, 1989 and January 16, 1991,
shall be incorporated and made part of this decision. Said conditions are
as follows:
a. Construction be as per the plans submitted and be approved by the
Planning Board.
b. 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.
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 plan 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
STREET, 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 periodically reasonably clear of weeds and other
debris and maintained and cleaned at all times.
VARIANCES GRANTED
July 22, 1992
Richard A. Bencal, Chairman
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 MASSACHUSETTS GENERAL LAWS CHAPTER 4OA, AND SHALL BE FILED WITHIN 20
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY
CLERK. PURSUANT TO MASSACHUSETTS GENERAL LAWS CHAPTER 4OA, 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 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 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.
BOARD OF APPEAL
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POTION: GRANT SECOND
73 DENY SECOND
70 RE—HEAR SECOND
LEAVE TO WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE—HEAR CONTINUE
RICHARD GENCAL
V RICHARD FEBONIO
v FRANCIS GREALISH
STEPHEN T-UCNETTE Il
ASSOCIATE ":EMBERS
RONR'T
ARTHUR LABRECOUE v
CONDITIONS: J
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Ul. SALum
BOARD OF APPEAL
745-9595 Ext. 881
Will hold a public hearing for all persons inter-
ested in the petition submitted by W&G REALTY
TRUST to extend and re-establish Variances pre-
viously granted by the Board to allow 60 residential
units at 24 SAUNDERS ST. (R-2) Said hearing
to be held WEDNESDAY,.JULY 22,1992 AT 7:00
P.M., ONE SALEM GREEN, second floor.
RICHARD A. BENCAL, Chairman
July 8, 15, 1992 SN82818
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
WWII hold a public hearing for all persons inter-
ested in the petition submitted by W&G REALTY
TRUST to extend and re-establish Variances pre-
viously granted by the Board to allow 00 residential
units at 24 SAUNDEItS ST. (R-2) Said hearing
to be held WEDNESDAY„JULY 22, 1892 AT 7:00
P.M., ONE SALEM GREEN, second floor.
RICHARD A. BENCAL, Chairman
July 8, 15, 1992 SN82818
APPEAL CASE NO. . .
�'1lt J of Salem, Anz.5aC1r uAls
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Puarb .d Appeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .24 .$.4L�nders. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .Street; Zoning DistrictR-?. . .
. : a��lxs�idxparea]x ax�ffeot�ecl003O� . . . . . . . . . . . . . . .
cr KAIxx>M�tttgxSt:atex9aildingx&ede.
,Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section 1X A. 1 of the Zoning Ordinance.
D,�fect A&4,,.a1 vi ... , -
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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 tKo Zoning Ordinance and Building Code for
the following reasons:
This is a petition to extend and re-establish Variances, in accordance with M.G.L. '
ch.. 40A, section 10, which were previously granted by the Board.
Please see Schedule A, attached.
William Gordon, Trustee
Owner. W h G Realty. Trust
c/o Sohn R. Serafini, .Sr. � �
Address. . . . P3 Federal Street: Salem. MA :
Telephone. , 508 744-0212
William Gordon, Trustee
Petitioner. .W. S. Q. r,"Ivy.Trusc . . . . . . . . . . . . . .
c/o John R. Scralini, Sr.
Address. . . . 63.Fe:Ieral .Streec. .S >>.n, .M� . . . . .
Ddte. ,June 19= ,1992 . . .
Tele ne. . . . . . 4,. .12. . , . _ . . . . ,
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. .N MQ. . . . . . . . . . . . . . .. . .
+four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A a �e
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Please consider the enclosed application for a re-heLa ingain
accordance with M.G.L. ch. 40A, §10, for the purposet5f 4e-
establishing Variances previously granted to Petitioners Roza] ow
the construction of sixty (60) condominium. units.
N N
The Petitioners have proceeded under the Variances originally
granted to demolish the building of approximately 50, 000 square
feet, which had been used for a shoe manufacturing facility. With
the downturn in shoe business, it was no longer possible to
maintain the facility as a shoe manufacturing one.
The Petitioners were granted Variances to convert the property
into a residential multi-family use. Various meetings with
neighbors, the Ward Councilor, the Conservation Commission and the
Planning Board resulted in all approvals being given to the project
of sixty units. The owners of the property have in good faith
proceeded to prepare the site, and have spent a considerable amount
of money in demolishing the building, doing a 21E study and
preparing the area for utilities. Approvals were received from the
Conservation Commission and the Planning Board.
However, the economic downturn has made the market for multi-
family construction disappear. That situation continues to this
day. The Petitioners hope that the next year the economic
conditions will improve to the extent that financing can be
obtained so that the development can proceed.
The Board had previously granted a six month extension, which
is due to expire on August 20, 1992 . We would respectfully request
that the Board regrant the Variances previously granted in December
1990 as per the attached petition.
No change is contemplated in the project as originally
presented and approved.
'APPEAL CASE NO. . . . . . . . . .. . . . . . . . . . . . . .
Gitg of Salem, fflassaC4U!3etb
Pourb of Appeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NU. ."'It SAgikd.,2.rs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning Bistricti\'.--,. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
af;�Iwc�Mass:rc�ti�ttsJcScgatexEkuz�dzngx&ade.
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 AppFal 0
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The Application for Permit was denied by the Inspector of Buildings for the following
reasuns:
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 th'u Zoning Ordinance and Building Code for
the fullowing reasons:
This is a petition to extend and re-establish Variances, in accordance with M.G.L.
ch. 40A, section 10, which were previously granted by the Board.
Please see Schedule A, attached. -
William Gordon, Trustee
Owner. WG Realty Trust
c/o John lt. Se ral'in i, 5r _
63 Federal Street: Salem, MA '
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone. , sos 744-0212
William Gordon, 'Trustee
Petitioner. . . . . . . . . . . . . . .
c/o John R. Seral�ini, Sr.
Address. . . .
DitCe. ,Junct 19. 1992 . . . . . . Tel508 744-0212 eph ne..
By
Three copies of the application must be filed with the Secretary of the Board of
,jAppeals with a check, for advertising in the amount of. . M,W. . . . . . . . . . . . . . . . . .
four week: prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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SCHEDULE
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Please consider the enclosed application for a re-hgqWiw in
accordance with M.G.L. ch. 40A, §10, for the purposen:rof4*re-
establishing Variances previously granted to Petitioners7t2v arlow
the construction of sixty (60) condominium units.
0
The Petitioners have proceeded under the Variances originally
granted to demolish the building of approximately 50, 000 square
feet, which had been used for a shoe manufacturing facility. With
the downturn in shoe business, it was no longer possible to
maintain the facility as a shoe manufacturing one.
The Petitioners were granted Variances to convert the property
into a residential multi-family use. Various meetings with
neighbors, the Ward Councilor, the Conservation Commission and the
Planning Board resulted in all approvals being given to the project
of sixty units. The owners of the property have in good faith
proceeded to prepare the site, and have spent a considerable amount
of money in demolishing the building, doing a 21E study and
preparing the area for utilities. Approvals were received from the
Conservation Commission and the Planning Board.
However, the economic downturn has made the market for multi-
family construction disappear. That situation continues to this
day. The Petitioners hope that the next year the economic
conditions will improve to the extent that financing can be
obtained so that the development can proceed.
The Board had previously granted a six month extension, which
is due to expire on August 20, 1992 . We would respectfully request
that the Board regrant the Variances previously granted in December
1990 as per the attached petition.
No change is contemplated in the project as originally
presented and approved.
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DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT-24 SAUNDERS
STREET (R-2)
A hearing on this petition was held July 22, 1992 with the following Board
Members present: Richard Bencal, Chairman; Richard Febonio, Francis
Grealish, Stephen Touchette and Associate Member Arthur 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, owner of the property, is requesting variances from use,
density and number of buildings on a lot to allow the construction of sixty
(60) residential units. The property is located in a Residential Two
Family District.
The Variances which have been requested may be granted upon a finding by
this Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the Petitioner.
3. 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 January
16, 1991 with a six month extension granted on January 8, 1992.
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 (5) 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
building and use.
N b
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orn or
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCEAT ?$ SAUNDERS
STREET, SALEM ^ cn
N
page two
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 district.
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 in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief 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
Variances requested, subject to the following conditions:
1. All conditions of Variances granted by the Board of Appeal concerning
this parcel on February 8, 1988, August 22, 1989 and January 16, 1991,
shall be incorporated and made part of this decision. Said conditions are
as follows:
a. Construction be as per the plans submitted and be approved by the
Planning Board.
b. 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.
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 plan 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
STREET, 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 periodically reasonably clear of weeds and other
debris and maintained and cleaned at all times.
VARIANCES GRANTED
July 22, 1992
Richard A. Bencal, Chairman
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 MASSACHUSETTS GENERAL LAWS CHAPTER 40A, AND SHALL BE FILED WITHIN 20
DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY
CLERK. PURSUANT TO 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 CERTIFICATION 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 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.
BOARD OF APPEAL
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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
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Board of Aaenl
JAN JJ
DECISION ON THE PETITION OF W.G. REALTY TRUST FOR A VARIATE `
AT 24 SAUNDERS ST. (R-2) ,I Y c. u
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 availab,le 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 JrIF StirgwoIt, mamber, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal
the Paseo cenerald LawsitChnoter Eos.and shale
pursuant
befiled twith Section of
if any, shall be mad0 days
after the date of filing of this ddcl:wn-'n the officee City Cicrk.the Vilr ance
Pursuant to A1ass. Cane.z. �'."rs. '.'^.'.:.
or Saedai Permit rr..n ^^ h r -•� °'" -,)t take effect until a Copy of the
'decision, U:ann^ the cer:•bc..kon nl the city Clerk that 20 days have
it such appeal has been
elapsed anno:•9(.xa: ha. Uee.t h:;d. or that,
od led, that d has Veen dr-me ,
=.e or •.er,;e,l �s recorded in the South
the owner of recorJ or
Registry of De-ds and indexed under the name or
(eoorded and noted en the caner's certificate of Title.
130ARD OF APPEAL
(I�itu Qf inlem, �ffittssarltusetts
Y,
si Boarb of Appeni
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.
Rric and A. Bencal , Chairman
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THE PETITION OF 41 & G REALT? TRUST FOR VARIA;JCES
=0R SAUNDERS STREET (R-2)
.,ear:-.- on this petition was heid August 9, ; 989 with the folicwins ware
'iemeers 2resent: Richard Bencai, Actino Chairman; Messrs. , Febonic. LjzinZKI.
auttins and Associate Members Dore. Aotice of the hearing was sent .o aoucters
and ctners and notices of the hearing .dere properly published in the <alem
'aveni-a Clews in accordance with Massachusetts General Laws Chapter 'OA.
Petitioners, owners of the property, are requesting variances from use, density
and -.umber 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. '_iteral 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 -sewing 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 (o) mcnth 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
.ail'_ be adversely affected if petitioners cannot rent any of the units.
a. There is no change in the original plans and the number of residential
units will remain the same.
On the oasis 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 ':1 & G REALTY TRUST FOR VARIANCES .,:
24 SAUNDERS STREET, SALEM
cage two
:.iteral enforcement of the provisions of ''.:e Ordinance .wouid : ork a
substantial 'hardship on the petitioners;
The relief reauested can be granted without substantial cetr'_m:ent to the
public good and :without nullifying or substantially cerogating from the
intent
intent of the cistrict or the purpose of the ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, -0, -o grant the
reauested variances from density, use and more than one building on a iot _
allow the construction of sixty (60) residential units with the additionai
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.-O9
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Anpeil h'cni ih;s aeusion, d any. shall be made pursuant to Section 17 of
the Mrss. General Laws. Chipter E1)9, and shad be Nod mnhin 20 days
uttur [h.', date of fiiinv of ;his decision in fiic 0MCP Cf the C.:y ':1:.k.
r-_rsucnt :o atnsc. C:^.arae Lawn. Cli nb••POd. S_.::o❑ 11. the V,:naoco
Of-;,ecini Pcrmi:t ^c'.n er: tin:rvi sn i.. ...! Cke etteet until a Coav c' the
d-cision. ...Jin,, ilio a, the CdV Lhi k [tial 20 7ays nave
e1303ed .:a rn .cpp:: h is ?cco t. 'i cr C:at. it such .:oncal has baen
Ned, that it n]n hcen rJ,snLasv,; or CeC:Cd is r^_Orded in Cie SCalh Esex
Registry of Deeds .nn index^_d uncer the name or me o•.vner of record or
Is recorded and noted on the owner's cer:uicate or title.
BOARD OF APPEAL
f�itn of , 5ulem, cffissarhusetts MAR 2 3 14 Pt '66
} �RDIIIb IIf �Fprai FILEO
hemna:A' S
3IT1' CI�El. '
DECISION ON THE PETITION OF SALEM SHOE MANUFACTUEING CO.
FOR VARIANCES FOR 24 SAUNDERS ST. ( R-2)
A hearing on this petition was held February 17 , ' 988 with the following Board
Members present: games Hacker, Chairman; Messrs. , Fleming, trout 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 Che 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 t000eraphv of the site is uneven in character and peculiar
because o,' difference in elevation from the surrounding area;
2. The renovation of the existing buildinc , z net :'inanc_ally feasible;
3. Use of the building as a shoe manufacturine 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:
t . 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;
f
DECISION ON THE PETITION OF SALEM SHOE MANUFACT:;RING CC. 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 be 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 siie plan review;
10. Public safety access be maintained as per plans submitted and meetinc
fire and police requirements;
11 . ingress and egress be on Saunders Street only;
12. Ninety (90) parking spaces be m,r:intained as per plans;
13. Developer confer with abutters as to the establishment of proper
buffer between the development and the abutter property.
GRANTED T�,
eter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HASTIfIrCfIS1O'ITT AT1•SFRP9A��'t T!}dQEtgf�jy �j7DfY> i
':F6ER4L LA.•S CHAPTER. S18. AND SHAG E° F!L,': WITHID ZO DAYS AFTER THE DATE OF FAIN:
....E i•E: S:O:; C, THE C--!CE DF THE :'-t CLERK.
E:= SELT"!: 11. THE VA'LA'ICE OP SPECIAL FCR'.In
SHALL C:; W EFFECT l":T'; ; COPY OF THC=C_^SI^! . EEAR''.: THE CtRT-
+ , EF in' (.17, L,Ei1`. : .. T ?^ CA+: r C.4'SEO +,''.• .'ib ArPEAL HAS Of Eli FILED.
d.;T. !F $;;'.ii i.'! APrE.! H`!'. E"" °j• I: F. SEES DIC.fII'EED CP. C::::L^ IS
IN THC C:.i;H ESS: RE_ISTRI ..ECS A:iO I':.E%ED U::_C: THE UA.;E OF THE OWNER
\ OF REL::RO OR IS RCLCROED ANL) NOTED C4 THE OYMER S CERTIFICATE OF TITLE.
\/` OOARO OF APPEAL
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APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
�Tt 1 of "Mem, AnouriTusett5
Paurb Df jAypeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .2k SAuAders . . . . . . . . . . . . . . . . . .Street; Zoning DistrictR-?. . .
• .• • • . . . . . . . . . . . . . . . . . . . . . . . . . : �gdxsB lt�x�3lxad 6x fE3Get� t�o4 d ot�S . . . . . . . . . . . . . . .
aCk�hec��wa`wc3ttgsc�cScgakexgttx}df Rg x&®de.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section 1X A. 1 of the Zoning Ordinance.
Direct Appal
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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 tfie Zoning Ordinance and Building Code for
the following reasons:
This is a petition to extend and re-establish Variances, in accordance with M.G.L.
ch.. 40A, section 10, which were previously granted by the Board.
Please see. Schedule A, attached. -
William Gordon, Trustee
Owner. W& G Realty Trust
c/o John
Address. . . . hj, Federal Street: Salem, MA :
Telephone. , soa 744.0212 . . . . . . .. . . . . . . . . . ..
William Gordon, 'Trustee
Petitioner. . 14. S. (:. Rea] cy.•1'rjst . . . . . . . . . . . . . .
c/o Sohn R. Serafini, sr.
Address. . . . Feaer:{}.Str t , .Stl.��. �A . . . . .
Date. .June. l9t . 1992 . . . , . . ,
Tele ne. , 508 . 744-0212. . . .
Three copies of the application must be filed with the Secretary of the Board of
. ,.J4peals with a check, for advertising in the amount . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A o=
mnumo �
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NA ;M1b
Please consider the enclosed application for a re-hgaTig in
accordance with M.G.L. ch. 40A, §10, for the purpose':rof®re-
establishing Variances previously granted to PetitionersFt,: a -. ow
the construction of sixty (60) condominium units.
cn ry
The Petitioners have proceeded under the Variances originally
granted to demolish the building of approximately 50, 000 square
feet, which had been used for a shoe manufacturing facility. With
the downturn in shoe business, it was no longer possible to
maintain the facility as a shoe manufacturing one.
The Petitioners were granted Variances to convert the property
into a residential multi-family use. Various meetings with
neighbors, the Ward Councilor, the Conservation Commission and the
Planning Board resulted in all approvals being given to the project
of sixty units. The owners of the property have in good faith
proceeded to prepare the site, and have spent a considerable amount
of money in demolishing the building, doing a 21E study and
preparing the area for utilities. Approvals were received from the
Conservation Commission and the Planning Board.
However, the economic downturn has made the market for multi-
family construction disappear. That situation continues to this
day. The Petitioners hope that the next year the economic
conditions will improve to the extent that financing can be
obtained so that the development can proceed.
The Board had previously granted a six month extension, which
is .due to expire on August 20, 1992 . We would respectfully request
that the Board regrant the Variances previously granted in December
1990 as per the attached petition.
No change is contemplated in the project as originally
presented and approved.
J
of _'&ttlrm, 'Mttssttcliusetts
r
� -Snttrb of A1J�7ea1
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 Luzin ski , V. Chairman
Board of Appeal
o �
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Ctn of _-'551em, 'fussadjusetts
;\,„I.. $ 1l�attrD of r�t�eul ,JAN 30
00 Fid `91
DECISION ON THE PETITION OF W.G. REALTY TRUST FOR A VARIAN"`
AT 24 SAUNDERS ST. (R-2) 'i;Yr,i,
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 J Stirgwolt, 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 e08,and shall be filed within 7.0 days
after the date of filing of this decision in the office of the city clerk.
-- Rl'8, Saction 11, the variance
rs
Puuant to Mass. Gane:o: "s' i'n.— -'
opy or the
or Spedal Permit erxn^' I ,I�f''`� ���t take effect until a c
'decision, b:arinS the ni the City cark happeal 0dahsshaven
elapsed and no aor ea! has been 1z::i.
ur that, if such
filed, that ii has Ueen d:^.mi;=e»or .'en:ed ,s recorded in the South Esacx
Registry of beads and indexed un.er the name or the owner of record or
Eecorded and noted en the o'.vner's Certificate of Title.
BOARD OF APPEAL
T ,yf
?a (fitn of Salem, �4fttssacljusetts
' S/ �RtoIIfa o AG}7P21I
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.
R"ic arncal , Chairman
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Boarb Uf C^'11J�TPt11
DECIS:::I ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES
FOR 2L SAUNDERS STREET (R-2)
A nearing on this petition was held August 9, 1989 with the following_ Boara
'Iemoers Present: Richara 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, 19988 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 PETT_TION 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 reauested can be granted without substantial detriment to t..
",e
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
reauested variances from density, use ana 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
Ap^,e?l h'cm itis ocnsion• if nny, shall be made pursuant to Section 17 of
the Mass. General laws. Chipter NOB, and shall be toad within 20 days
atter thn da:e of tiknn of this decision in tire wrier cf the C::y 41ork.
r-ar=.nr :o ..',ns;. C2%ral is:rs. Cli'•n>+r gO$, Sc�*:on 11. the V_rmicd
or Cpecci Perr::r he:rui s...... ..,t t::ke eltact until a coav to t`e
deasion. c^.non^ the ai the City Clurk w:rt 20 aays have
ulareld o-a rn cepa:! has horn K'ed. cr tlat. it sucli aopcal ha; been
tiled, th_t it hzs I;cen dismi^,sed or dar;crf is roe0rdod in tae Scith Essex
Registry of Deeds and indexed under in, minn or tic owner of record or
;s recorded and rici on the Owner's Ceraicate or Title.
BOARD OF APPEAL
(1litu of L_,&IPm, ��ttssurhusEtts NAR 1 3 io Fh '60
3 �
Ptlarb of 4prai FILE#
ROIMnI
DECISION ON THE PETITION OF SALEM SHOE MANUFACTURING CO. %ITYCIEF.I-
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 t000rrnohv of the site is uneven in character and peculiar
because o;' difference in elevation from the Surrounding area;
2. The renovation of the existing buildinc is not financially feasible;
3. Use of the building as a shoe manufacturin¢ 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 C:. 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 be 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 ^50JI
eter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS 4a 1, L I11s +T# PDNS0ICIT4PERIA T9T6WHf A k
�:FLER4L LA:.S. Ch4PTEP. n8. ANO SW.:L E° F!L_ WIT MIH 20 DAYS AFTER THE DATE OF FILIA:
,..,$ C:'S:'1;; I;, THE C".":CE of THE C'1 CLCRN.
... .. ... i:'.
W. C` 7EP. S:: S_CT"1I 11. THE W-,LANCE OP SPECIAL FER'.IIT
SHALL F::: W, 'E EFFCCI E'S'L 4 COPY CF THC EEC:SI'! . EEAP..".. THE CERT.
LF 'in; LIT'i L:Eii•. 2C f=:C r" C_475ED 4',_ HD ArPEAL HAS CEE'i FILED.
•:•r. T. !f SS'.ri i.': APrE4! H':5 E.C.. : __ T�" IT P:; MI DIC ::_�E:O CP. C::;:Eb IS
17 THC C:.GH US"' rR,i_ISTR, ;. ._ECS A:ID 1:0EXED U;;::C: THE (:%..;E OF THE OWNER
CF REC.RC OR IS RELLROED AND HUTED G. TEE JVNER'S CERTIFICATE CF TITLE.
BOARD OF APPEAL
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
a
�Tt of Salem, fflnoar usetts
Anurh Df �Appeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .24 savnders . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District!:.-2. . .
. ; and xsaidxpsare3x�ax�f€ ceck f �{ k . . . . . . . . . . . . . .
a&�Iteczdl'��BgxScga£sxNu B�dzt�gx&®fie.
Pj,pus de5;drib*69 the work proposed, have been submitted to the Inspector of Buildings in
ar�cordan'Ce witR Section IX A. 1 of the Zoning Ordinance.
w x ®`
l)Yrect Apealljw C-, C
C3 rno Lo
cn
Ln 'a '' o m r
T; O
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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 th'e Zoning Ordinance and Building Code for
Lhe following reasons:
This is a petition to extend and re-establish Variances, in accordance with M.G.L. -
ch.. 40A, section 10, which were previously granted by the Board.
please see Schedule A, attached.
William Gordon, Trustee
Owner. W & C Realty. Trust
c/o Jon R.' Seralini, �
hSr. * . .
Address. . . . 63 Federal Street. Salem:MA _
Telephone. . 508 744-0212
William Gorclon, Trustee
Petitioner. . 14. . . . . . . . . . . . . . .
c/o John R. Seralini, Sr.
Address. . . . 63
Ddte. ,June 19= . 199: . . . . . . .
Tele ne. . . . . 744-0212
Three copies of the application must be filed with the Secretary of the Board of
. ,jly,peals with a check, for advertising in the amount of. . �7IMQ. . . . . . . . . . . . . . . . . .
(four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A _
m Q cx�
Please consider the enclosed application for a re-hW4ing in
accordance with M.G.L. ch. 40A, §10, for the purpose>rofr-zre-
establishing Variances previously granted to Petitioners t flow
the construction of sixty (60) condominium units. -c
,:33
The Petitioners have proceeded under the Variances origirly
granted to demolish the building of approximately 50, 000 square
feet, which had been used for a shoe manufacturing facility. With
the downturn in shoe business, it was no longer possible to
maintain the facility as a shoe manufacturing one.
The Petitioners were granted Variances to convert the property
into a residential multi-family use. Various meetings with
neighbors, the Ward Councilor, the Conservation Commission and the
Planning Board resulted in all approvals being given to the project
of sixty units. The owners of the property have in good faith
proceeded to prepare the site, and have spent a considerable amount
of money in demolishing the building, , doing a 21E study and
preparing the area for utilities. Approvals were received from the
Conservation Commission and the Planning Board.
However, the economic downturn has made the market for multi-
family construction disappear. That situation continues to this
day. The Petitioners hope that the next year the economic
conditions will improve to the extent that financing can be
obtained so that the development can proceed.
The Board had previously granted a six month extension, which
is due to expire on August 20, 1992 . We would respectfully request
that the Board regrant the Variances previously granted in December
1990 as per the attached petition.
No change is contemplated in the project as originally
presented and approved.
Mffice of f4c THU Tauncil
ntg pull
�cum+F.
COUNCILLORS-AT-LARGE DONALD T. BATES WARD COUNCILLORS
1992 PRESIDENT 1992
DONALD T.BATES JOSEPHINE R. FUSCO GEORGE A.NOWAK
GEORGE P.McCABE CITY CLERK KEVIN R.HARVEY
JANE STIRG WOLT VINCENT J.FURFARO
STANLEY J.USOVICZ.JR. LEONARD F.O'LEARY
DAVID B.GAUDREAULT
July 22 , 1992 SARAH M.HAYES
MARK E.BLAIR
Mr. Richard A. Bencal
Chairman, Board of Appeal
One Salem Green
Salem, MA 01970
RE: Request to Re-establish and Extend
Variances and 24 Saunders Street
Dear Mr. Chairman:
I wish to support the above request as being reasonable
under the circumstances. As you know, the owners of the property
worked very closely with the City and the neighborhood when the
shoe factory was forced out of business by foreign competition
resulting in the loss of employment. Rather that continue the
industrial use, the owners felt that a multi-family residential use
on the premises would be more acceptable. Detailed meetings were
held with the neighbors, abutters, and Planning Board, resulting
in a decision that was thought to be beneficial to all.
I am aware of the downturn in the economy as far as
condominium construction is concerned, and the fact that lending
institutions, for the most part, refuse to finance condominium
construction.
The owners of the property are long-time taxpayers and
up to the time they were forced out of business, employed a good
many Salem people. I feel it is only fair to extend them the
courtesy of being able to continue with their plans as soon as the
economy warrants.
I would suggest that all plans be coordinated with the
Planning Department and the City Planner.
Sincerely,
Kevin D. Harvey
Councilor, Ward Two
a
callu��®
BOARDWALK R. E. CORP.
117 Bridge St.
Salem, Massachusetts 01970
(508) 744-9830
July 22 , 1992
Mr. Richard A. Hencal
Chairman, Board of Appeal
One Salem Green
Salem, MA 01970
RE: Request to Re-establish and Extend
variances and 24 Saunders Street
Dear. Mr. Chairman:
As a broker working for Century 21 boardwalk, I know from
first-hand knowledge that the market for new residential
construction of multi-family property is very slow,
The economy in general has hit this area very hard, and
loans are very difficult to come by. I would expect things to
i improve slowly, but for the past several years the economy has made
it very difficult for any lending institution to finance a project
of the type proposed for Saunders Street.
I believe that once the economy improves the project will
be able to proceed.
sincerely,
Nftle
William D. Little, Inc.
Realtors
July 22, 1992
Mr. Richard A. Bencal
Chairman, Board of Appeal
One Salem Green
Salem, MA 01970
RE: Request to Re-establish and Extend
Variances and 24 Saunders Street
Dear Mr. Chairman:
I have had my own business, William D. Little, Inc. , in
Salem for many years; and I am very familiar with the real estate
market.
The recession has hit Massachusetts particularly hard.
Lending institutions as yet do not have sufficient confidence in
the economy to loan money for a development project of this type.
It is my belief that as soon as financing is available,
this project can go ahead, and will be a credit to the neighborhood
and the City.
Sincerely,
William D. Little
64 Bridge Street, Salem, Massachusetts 01970, (508) 745-4447
REALTOR
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 617-5 812 74 3
ELLEN M. WINRLER TELECOPIER
JOSEPH C. CORRENTI 508-741-4683
July 6, 1992
Mr. Joseph L. Jones et al
57 Wharf Street
Salem, MA 01970
RE: 24 Saunders Street, Salem
Dear Mr. Jones:
We have re-petitioned the Board of Appeals for an
extension of the Variances granted regarding the Salem Shoe
property on Saunders Street. We plan no changes in the requests
already approved by the Board, and which were granted at the last
public hearing.
As you know, there is a continuing decline in the real
estate market, which hopefully will turn around this year, but for
the present there simply is no financing available. Based on our
market information, we feel that an extension is required in order
to enable us to get the project moving.
The residential use, we feel, is more in keeping with the
desires of the neighborhood than a continuance of the industrial
use previously made of the site. -
Sincerely,
� CS
J N N R.. SERAFINI, `SR.
Attorney for Petitioner
JRS,SR. /ln
cc: Kevin Harvey
9
ROARD OF ASSESSORS
CITY HALL PAGE:
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F4.0RD OF ASSESSORS
CITY HALL PAGE:
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05 SUBJECT PROPERTY: PIA P. 36 LOT: 0087 SUFE: 6
PROPERTY ADDRESS: 0024 SAUNDERS STREET' I
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DECISION ON THE PETITION OF u/cl 64&1 /"
�1 FOR A VARIANCE AT o2��Aw4&e/
re--29/
A HEARING ON THIS PETITION WASHELD ON 9 /� .2'2/4�
WITH THE FOLLOWING BOARD MEMBERS PRESENT: RICHARD A. BENCAL,
CHAIRMAN; FRANCIS X.
GREALISH, SECRETARY ; RICHARD FEBONIO ; STEPHEN TOUCHETTE AND
ASSOCIATE MEMBER ARTHUR LA BRECQUE AND RONALD PLANTE.
NOTICE OF THE HEARING WAS SENT TO ABUTTERS AND OTHERS , AND
NOTICES WERE PROPERLY PUBLISHED IN THE SALEM EVENING NEWS IN
ACCORDANCE WITH MASSACHUSETTS GENERAL LAWS CHAPTER 40A.
PETITIONER IS REQ EST I NG A VAR I NCE FROM GE�Z ✓' CG�C�Dill L/IL`��
IN ORDER //JTO ` � �d � t�
IN THIS le-2, ZONE.
THE VARIANCE WHICH HAS BEEN REQUESTED MAY BE GRANTED UPON A
FINDING BY THIS BOARD THAT:
1 . SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH
ESPECIALLY AFFECT THE LAND, BUILDING OR STRUCTURE
INVOLVED AND WHICH ARE NOT GENERALLY AFFECTING
OTHER LAND, BUILDINGS OR STRUCTURES IN THE DISTRICT;
2 . LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONING
ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP. FINANCIAL
OR OTHERWISE TO THE PETITIONER ;
3 . 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 MAKES THE FOLLOWING
FINDINGS OF FACT: /y�
� �
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.
r. All requirements of the Salem Fire Dept. be strictly adhered to.
a d. Proper numbering be obtained from the City of Salem.
e. All now 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.
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 developmentandthe abutters property.
2. The site is to 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 . 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.
THEREFORE, THE ZONING BOARD OF APPEALS VOTED J-�O TO
THE VARIANCESREOUESTED SUBJECT TO THE FOLLOWING CONDITI NS :
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