24 SAUNDERS STREET - ZBA (6) 4 �R , � tY �� .! r•S�t sT
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Chi of �ttlem,
POura of �sttcliusetts
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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 May 18, 1994 with the following Board
Members present: Stephen Touchette, Acting Chairman; Gary Barrett, Albert
Hill, Stephen O'Grady and Associate Member Nina Cohen. 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. Petitioner was previously granted variances from use, density and
parking requirements on February 17, 1988, August 9, 1989 and again on
January 16, 1991, to permit the construction of multi-family housing.
2. Due to a downturn in the economy, no construction took place on the
petitioner's property prior to the expiration of the variances .
3. Substantially similar variances were granted to the petitioner for the
same parcel on July 22, 1992. Again, economic fortunes prevented the
development of the parcel.
4 . Petitioner represents that it now intends to develop the parcel to
create housing for the elderly or assisted living for the elderly.
r
` DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page two O0��4N I3 3
5. Such elderly housing or assisted living quarters would�cx opeoftd�g
b the abutters provided that all conditions t �/
Y P o previous vAf �6 ranted
p
by the Board of Appeal concerning this parcel be required to be 'Ak;9 p�
by the property owners. F
6. The proposed use of this site as elderly housing or assisted living for
the elderly is consistent with the character of the neighborhood.
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 January 16, 1991, and July
22, 1992 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.
I. 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.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page three ✓Uy��
I. Public safety access be maintained as per plans submittela8 `SOB
meeting fire and police requirements. ',t8�,I ?1� I
j . Ingress and egress be on Saunders Street only. U 0F4
�F SS
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.
m. The site is to be kept periodically reasonably clear of weeds and
other debris and maintained and cleaned at all times.
2. The proposed house be dedicated to elderly housing or assisted
living quarters for the elderly
VARIANCES GRANTED
May 18, 1994
r
Nina V. Cohen, Member
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
Cts of .nlem; AussadjuSetts
Paurb of cAppeal
�ke t�m•JTuS
C� L
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DECISION_ON-THE_REQUEST FOR AN EXTENSION OF VARIANCES GRANTED TO 24
SAUNDERS STREET_(R-2)
At a hearing held June 16, 1996, 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 February 25, 1994.
Edward Luzinski, Member
Board of Appeal
9
Citp of Salem, 4 a5!6atbugett!5
`
Public Propertp Mepartment
3guilbing ;Department
One$palem Oreen
(978) 745-9595 Cxt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
NOTICE OF VIOLATION
Date —1
Owner's Name l�4--
Address
S�n�nL25tsy vent U/!`O7
Regarding Property at
Dear i'L(/:
Based upon the findings of the inspection detailed below, the Board of Health
and Building Department determine that the following violation(s) exist at your
property cited above:
J — S
You are ordered to correct the violations listed above within 30 days of
receipt of this letter.
Failure to comply within 30 days may result in a criminal complaint sought
against you in Housing Court, or after 30 days the City may correct the
violations and impose a lien on your property to recover the costs of such
action.
e�
This inspection was conducted in accordance with Massachusetts General Law,
Chapter 111, Sections 127A and 127 B and 105 CMR 410.602(A), of Chapter II,
State Sanitary Code, Minimum Standards of Fitness for Human Habitation, and
Section 12-56 et seq. of the Code of Ordinances, City of Salem, Masa^chusetts
at the above cited property. This inspection was conducted
for the oard of Health pnc�o - S.�IZ[[�for the Building Department
You have the right to request a hearing before the City Council. A request for a
hearing must be received in writing in the Office of the City Clerk and the Director
of Public Property within 10 days of receipt of this Order. At the hearing, you will
be given the opportunity to present evidence as to why this Order should be
modified or withdrawn. You may be represented by an attorney. You have the
right to inspect and obtain copies of all relevant inspection or investigation
reports, orders, and other documentary information in the possession of the
Board of Health and Office of Public Property, and that any adverse party has the
right to be present at the hearing.
Nete
rerout Joanne Scott
Director of Public Property Health Agent
cc: James G. Gilbert, Assistant City Solicitor
Thomas Philbin, Mayor's Chief of Staff
Clean or Lien 2
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of CDM CD_ o
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DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT424 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.
�w w
yr CD
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCErP WT 2$ SAUNDERS
STREET, SALEM u 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.
I
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
1!55e zz 2�ri Q ice
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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'Bnnra of Au
peal
DECISION ON -THE -REQUEST FOR AN EXTENSION OF VARIANCES
GRANTED TO$24 .�TTSAUN—DERS STREETy(OR-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
o �
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A
b� (City of ttlem, 'Mussadjusetts
BUttiD of A, peal ,JAN 30 90 `I1
DECISION ON THE PETITION OF W.G. REALTY .TRUST FOR A VARIAWIT
ATC24 SAU D ST.�(R-2) o1TY
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.
i
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 Jrf Stirgwolt, Wilber, 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 ction 17 the mass.General Laws. Chapter 808,and shall be filed within of
20 days
after the date of tiling of this decision in the office of the city Cthe lerk.
ante
Pursuant to mass. Gane:a!'L'•ws, '::h'..^`cr 8(`8, Section 11,
or£pedal Permit gran^^ 'at take effect until a copy of the
decision, bearin3 he
ceri'hc..;;on of the city Clerk that 20 days have
elapsed and no nor-al ha, hee.t lil d, or that, if such appeal has been
(pled,that it has been di^.mi;=_ed or .'eyed .s recorded in lhr South Ess^_s
Registry it Deeds and indexed un'er the name or the owner of record or
g;st,y f and noted an the o.vner's Certificate of Title.
jo 130ARD OF APPEAL!
I .
cit" of ttlPm, C ttssttrllus�i -
33varb 0{ nI1pP211
DECISION ON THE PETITION OF d & G REALTY TRUST FOR VARIANCES
L OR 2-4'MJNDERS STREET_ (;R-2)
A hearing on this petition was held August 9, 1989 with the following Boarc
Members present: Richard Bencal, Acting Chairman; Messrs. , Febonic, Luzinski.
Nutting and Associate Members Dore. Notice of the hearing was sent to abutters
and others and notices of the hearing were properly published in the Salem
Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petitioners, owners of the property, are requesting variances from use, density
and number of buildings of a lot to allow the construction of sixty (60) residentia
units as previously granted, with provision allowing rental units.
The Variances which have been requested may be granted upon a finding of
Board that:
a_ . special conditions and circumstances exist which especially affect the
the land, building or structure involved and which are not generally
affecting other lands, buildings and structures in the same district.
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose or the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
1 . The requested variances are the same as the variances granted February 17,
1988 with the provision allowing the rental of said units.
2. A six (6) month extension on the February 17, 1988 decision was granted by
the Board of Appeal on February 22, 1989.
3. Because of the decline in the market, the financial integrity of the project
will be adversely affected if petitioners cannot rent any of the units.
4. There is no change in the original plans and the number of residential
units will remain the same.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally;
DECISION ON THE PETITION OF Pi u C REALTY TRUST FOR VARIANCES ;;T
74 SAUNDERS STREET, SALEM
Daae two
2. Literal enforcement of the provisions of the Ordinance ;could work a
substantial hardship on the petitioners;
?. The relief requested can be granted without substantial detriment to
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested variances from density, use and more than one 'building on a lot to
allow the construction of sixty (50) residential units with the additional
provision that the petitioners be allowed to rent said units, subject to -he
following conditions:
1 . All conditions of the decision granted Uy the Board of Appeal on
February 17, 1988 are to be strictly adhered to and are made part
of and incorporated into this decision.
?. 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 ell
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal trcm This decision, it any, shall be made pursuant to Section 17 of
the ",I%s. General Laws, Chapter NOS, and shall be Idad v;iihin 20 days
alter the late of fiiir- Of 'NI decsion in die oificR of the C::y raa;k.
P:%u..nt :e P.. r2-0r.]: - ".n,`.•P,Oc,. S_-.:on 11. file v.- iy 1CC
Or�; _'clel FCI'r::i ^':'A:•"' h•.•l:.q c . . ..,
. .... . ! t..:ce effect !:n nl a cOov c` ?::e
deasio
l:-.-;n 7 the co! fc.�:wu: the City (Heck tF.cit 0 days nave
ela cs9.1 6_1 ,-p _.: h..ts 7_..n I'j, Cr L`:at. it such appeal has teen
filed, tilt it h2 I:c^en dlsrr.sso: or .ar.orl is r^cord^d in the Scolh Essex
Registry of Deeds antl irde-2d under the name or tin owner of record Or
Is recorded and noted on t'ne owner's Cdr:iricate of Tale.
BOARD OF APPEAL
ap„vrr,� cc: City Clerk
f; Building Inspector
Salem Historical Commission
C(TY HALL. SALEM. MASS. 01970
II 744-4580
�0 Tern�uJoocQ �r�c.c.,-+ti�J�.t.o
��,.. I �+ �J CERTIFICATE OF APPROPRIATENESS
Y��¢n o3e3�
It is hereby certified thattheSalem Historical Commission has
determined that the proposed construction ( ) ; reconstruction
•
demolition (X) ; moving O ; alteration ( ) ; painting O ; sign or other
appurtenant fixture ( ) work as described below in the . . .
N/A Historic District
(NAME OF HISTORIC DISTRICT)
Address of Property: 24 Saunders St. (Salem Shoe Building)
Name of Record Owner: Fieldcrest Developers
DESCRIPTION OF WORK PROPOSED:
Demolition of early 20th century industrial building of no architectural value.
will be appropriate to the preservation of said Historic District, as per
'the requirements set forth in the Historic Districts' Act (Federal Laws,
Ch. 40C) and the Salem Historical Commission.
Dated: w s / /C1��_ SALEM HISTORICAL COMMISSION
By
Chairman
�r
(1�i# An
11fttleiii, rttssttcusP##s
a�"m� One I§nlem i6run
0lTY 4LEP,K, :w&f i_,N45S.
Decision
Site Plan Review z�
Special Permit
Charles Vars
Brentwood Structures, Inc.
Fieldcrest Properties r-- _W
10 Northwood Executive Park
Northern Boulevard
Amherst, NH 03031
RE: Salem Shoe - 24 Saunders Street
On May 19, 1988, the Planning Board of the City of Salem held a public hearing
regarding the application of Fieldcrest Properties, Inc., for a Special Permit under Section
VII - R, Site Plan Review, of the Salem Zoning Ordinance, with respect to the
construction of sixty (60) condominium units at 24 Saunders Street, the former Salem Shoe
factory site.
At a regularly scheduled meeting of the Planning Board held on June 2, 1988, the
Board voted, by unanimous vote (5 to 0), to approve the application as complying with the
requirements for the issuance of a Special Permit, subject to the following conditions:
1. Conformance with Pian
Work shall conform to plan entitled, "Permit Site Plan, Harborview Condominium in
Salem, Massachusetts", dated May 2, 1988.
2. Utilities
Utility installation shall be reviewed and approved by the City Engineer prior to the
issuance of building permits.
3. Landscaping
Landscaping shall be in accordance with plan entitled, "Permit Site Plan, Harborview
Condominium in Salem, Massachusetts", dated May 2, 1988.
a. Trees shall be a minimum of 4" caliper.
b. Maintenance of landscape vegetation shall be the responsibility of the developer,
his successors or assigns.
c. Additional landscaping along Saunders Street shall be reviewed and approved by
the Planning Department.
4. Snow Storage
Snow storage areas shall be defined on the Site Plan.
5. Signage
Signage shall be reviewed and approved by the City Planner.
6. Refuse Removal
Refuse removal shall be the responsibility of the developer, his successors or assigns.
7. Granite Curbing
Sloped granite curbing shall be installed in the parking area, as required by the City
Planner.
8. Lighting
Lighting shall be reviewed and approved by the City Planner.
9. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. No work shall commence before 7:00 am. on weekdays and 8:00 am. on Saturdays. No
work shall continue beyond 5:00 p.m. There shall be no work conducted on Sundays or
holidays. Inside work of a quiet nature may be permitted at other times.
b. All reasonable action shall be taken to minimize the negative effects of construction on
abutters. Advance notice shall be provided to all abutters in writing at least 72 hours
prior to commencement of construction.
c. All construction vehicles shall be cleaned prior to leaving the site so that they do not
leave dirt and/or debris on roadways as they leave the site.
d. No truck traffic to the site shall commence before 7:00 A.M.
10. Violations
Violations of any conditions shall result in revocation of this permit by the Planning Board.
This Special Permit shall not take effect until a copy of the decision bearing the
certification of the City Clerk that twenty (20) days have elapsed and no appeal has been filed
or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the
Essex County Registry of Deeds and is indexed in the grantor index under the name of the
owner or is recorded on the owner's certificate of title. The fee for recording or registering
shall be paid by the owner or applicant.
Walter B. Power, III g. .
Chairman
M33 WP
S 4,
(gitV IIf � ((��,, MAR ttjpM, 4°1Ja65arrJts °
' `t" 2 3 14 Fr 66
3 �
f, 9 paurb D{ 4prA FILE#F
ROI4141
:ITS' ClEF.1.. 5
DECISION ON THE PPETITION:OF SALEM SHOE MANUFACTURING CO.
FOR VARIANCES FOR, 24 SAUNDERS ST.I(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 topography of the site is uneven in character and peculiar
because of difference in elevation from the surrounding area;
2. The renovation of the existing building is not financially feasible;
3. Use of the building as a shoe manufacturing factory is no longer
economically feasible;
4. The proposed use as residential condominium units is consistent with
the residential nature of the neighborhood and does not conflict with
the master plan which provides for revitalization of the residential
areas along the North River.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject
property but not the district generally;
2. Literal enforcement of the ordinance would work a substantial hardship
on the petitioner;
DECISION ON THE PETITION OF SALEM SHOE MANUFACTURING CO. FOR
VARIANCES FOR 24 SAUNDERS STREET, SALEM
page two
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested as to density, use and to permit more than one building on a
lot so as to permit the construction of sixty (60) residential units, subject to
the following conditions:
1 . Construction be as per plans submitted and be approved by the
Planning Board;
2. Proposed construction conform to all applicable provisions of the
Massachusetts State Building Code, the Salem Fire Prevention Code,
the Salem City Ordinances and the Massachusetts General Laws relative
to fire safety;
3. All requirements of the Salem Fire Department be strictly adhered to;
4. Proper numbering 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
Teter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS,. F� N, T4s1'E�?1sW�?1T# s�,�P�Ftd?rRP1gEc�Fi fab�YTH�4S
,.
�J;LERAL LAMS. CHAPTER. S98. AND SH:"LL EE F!LC: WITHIN 20 DAYS AFTER THE DATE OF F10,14.. 7.. - DE::�510;; H, THE 6FFICE OF THE 117T CLERK.
.. L,:Y:c C°-°'ER E', SE?il:": I1. THE VA^IA'!CE OP SPCCIAL FER'.11T
( .i. SE.;LL FE. 1R".E ["L�7 L :T , 4 COPY CF THcl_CISIO! EEAr".] .HE
r : ._ : GF -6, LIT, LLER'% T....' 2': CAu NO APPE41- H'u D'EI FILED.
H:-T. !F S'o'. ...I APrE4l H''°. __ I. EEE^1 DI: ..__CD CR C�:;�C I$
,, i2CD W THE '_.iiH ESSE': RE.GTR. .S S A9 ISCFXED D;;-C. a q;..E OF THE OWNER
rS RECJRD OR IS RLtOROED AND ftOIED Gig TFE OwNER'S CERTIFICATE EF TITLE.
BOARD OF APPEAL
EAw OFF
CES
..JOHN R. SERAFINI
65 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
TELEPHONE 744-0212
AREA CODE fill
June 1st, 1970
I�
R.
Councillor Richard E. Swiniuch
20 New Derby Street
Salem, Massachusetts 01970
Dear Councillor Swiniucn:
in answer to your repeated inquiries concerning the matter
involving the Salem Shoe parking lot on Saunders Street, oiease be
advised as follows: the major reason for the delay in rectirylnc the
condition which has been botnersome has been the delay in obtaining
permission to correct the sanitary sewei situation.
We have now obtained permission from the South Esser
Sewerace to tie into that line . We have engaged the services of Essex
Survey Service to lay out the elevations for a sewer line in the rear of
the property to service our property. This line runs along side our parking I
area near the rear of our buildinc . These elevations will enable us to
deteerrine the Iinished grade 10, i:ne narking area . 1 Con T_lG_GL•J ex De CC
that within a very short while the survey of the parking area wiii 'oe
completed. This will enable us to proceed to work on the parking area .
in view o; your continued interest, i will seep you advisee.
Very truly yours,
JOHN R. SERAF::vl
JRS/cg
cc: Mr. Jack Rovers, Building Inspector
�Mr. 6 Mrs. Richard Cass; 13 Saunders St,; Salem, MA
• i
MICHAEL J. HARRINGTON wAEUNG.OFFICE:
6TH DISTRICT,MASSACHUSETTS (202)225-8020
DISTRICT OFFICES:
COMMITTEE ON POST OFFICE BUILDING
INTERNATIONAL RELATIONS CONGRESS OF THE UNITED STATES SALEM,MASSACHUSETY. 01970
HOUSE OF REPRESENTATIVES (617)745-5800
COMMITTEE ON POST OFFICE BUILDING
GOVERNMENT OPERATIONS WASHINGTON, D.C. 20515 LYNN,MASSACRUSETTO 01901
(617)599-7105
Salem Post Office Building
Salem, Massachusetts 01970
June 21, 1976
Mr. Richard Cass
13 Saunders Street
Salem, Massachusetts 01970
Dear Mr. Cass:
I have received your materials regarding the delay of
the Salem Shoe Company in abiding by Condition #1 of
its variance, that it pave the parking area.
Members of my staff have discussed the problem with Mr.
Serafini, Mr. Powers , and Councillor Swiniuch. These
people are aware of the problem, and doing all they can
to rectify the situation. As stated in my letter of
January 8 , 1976 , a sewerage connection must be made before
the area is hot-topped. This was planned for spring, but
there wasaa delay in obtaining permission from the South
Essex Sewerage.
That is the reason no work was done this spring. The work
should now proceed--first the survey, then construction of
the line, and lastly hot-topping the area. All this work
takes time, as you know, and will pras cguic v as
-po'sBiAle.
The variance will not be voided as a result of this delay.
There is no time limit for compliance, and work has commenced
in the form of the survey. The Salem Shoe Company has dem-
onstrated its willingness to` a i e y ion it is now
ate( er of time.
I appreciate that you are very concerned and active in this
matter. Please understand that people know of the problem
and are doing a e
Sincerely,
Michael J. Harrington `
MJHJ
y �t# of �$ttlrxn, ssar4usiffls
Public 13rayex#U Pspttr#men#
• � '` uil3ing Depar#r.�etc#
Robert E. Gauthier
One Salem Green
74g-U213
October 2, 1980
Salem Shoe
24-Saunders Street
Salem, MA 01970
Attention: Mr. 'William-Gordon, President
Dear Mr. Gordon:
Sometime ago in connection with the. Board of Appeal
permission for the construction of an addition to your
building, the Board had one condition for granting the
variance; they asked that the company hottop an area at
the foot of Saunders Street. The work was not done and
part of the reason I believe was the fact that at that
time the South Essex Sewer Interceptor was being built.
This work has now been completed. Some of the neighbors
and the Ward Councillor have asked that the promise&'work,,, %-2
now be completed as had been agreed upon.
Would you kindly inform me as soon as possible as to when
we=might=expect.-compliance.
Very truly yours,
Rob rt E. Gauthier
Building Inspector & Zoning Enforcement .
Officer
REG:c
cc: John R. Serafini, Esquire
Richard Cass
Councillor Nestor
•
DRAFT OF LETTER
October 2nd, 1980
Salem Shoe
24 Saunders Street `
Salem, Massachusetts 01970
Attention: Mr. William Gordon, President
Dear Mr. Gordon:
Sometime ago in connection with the Board of Appeals
permission for the construction of an addition to your building, the Board
had one condition for granting the variance; they asked .that the company
hottop an area at the foot of Saunders Street. The work was not done
and part of the reason I believe was the fact that at that time the South
Essex' Sewer Interceptor was being built. This work has now been completed.
Some of the neighbors and the Ward Councillor have asked that the promised
work now be completed as had been agreed upon.
Would you kindly inform me as soon as possible as to when
we might expect compliance.
cc: John R. Serafinii,,�Esquire
1. M. "SHRULLY" WERBIN WM. "BILL" GORDON
]�I L I
1H10F
TELEPHONE PIONEER 4-3074 TWENTY-FOUR SAUNDERS STREET
SALEM. MASSACHUSETTS
September 25, 1975
Building Inspector of Salem
5 Broad Street
Salem, Massachusetts 01970
Dear Sir,
We shall , hopefully, be shortly digging up a
temporary trench. When it is filled in we shall
arrange to alleviate the dust from our grounds that
is occassionally initiated by a windy day.
The above will be executed just. as soon as
possible.
Yours truly,
Salem Shoe Mfg. Co.
.� cad-
Wm. Gor
WG/ah
y `
SAeciak--ing in Mens Goodyear Wells Exclusively
BUILDIBD DFpT
LAW OFFICES
JOHN R. SERAFINI Q
65 FEDERAL STREET
SALEM, MASSACHUSETTS 01970'
TELEPHONEAREA CODE 60212 CITY�!' SAL rEC LIV U
I fp4�
June 1st, ls.
Councillor Richard E. Swiniuch
20 New Derby Street
Salem, Massachusetts 01970
Dear Councillor Swiniuch:
In answer to your repeated inquiries concerning the matter
involving the Salem Shoe parking lot on Saunders Street, please be
advised as follows: the major reason for the delay in rectifying the
condition which has been bothersome has been the delay in obtaining
permission to correct the sanitary sewer situation.
We have now obtained permission from the South Essex
Sewerage to tie into that line. We have engaged the services of Essex .
Survey Service to lay out the elevations for a sewer line in the rear of
the property to service our property. this line runs along side our parking
-area near the rear of our building. These elevations will enable us to
determine the finished grade for the parking area. I confidently expect
that within a very short while the survey of the parking area will be
completed. This will enable us to proceed to work on the parking area.
In view of your continued interest, I will keep you advised.
Very truly yours,
1/1 JOHN R. SERAFI �
JRS/cyy
cc: 2r. Jack Powers, Building Inspector
Mr. & Mrs. Richard Cass; 13 Saunders St.; Salem, NIA
i.
LAW OFFICES6Ul�,O1NG
.JOHN R. SERAFINI [
65 FEDERAbISTG�^RjfjF ETpypyqq
SALEM, MASSACHU�'SIIETT S CJ99�f�Jl�d *q.5 i
TELEPHONE 144-0212 ``
AREA CODE 617
Jaffuary 17th, 1975
Building Inspector's Office
5 Broad Street
Salem, Massachusetts 01970
in re: Salem Shoe Manufacturing Company
24 Saunders Street, Salem, Massachusetts
Variance
Dear Jack:
In connection with the recent communication which was sent to my
client, Salem Shoe, relative to the hottopping of an area of land, I would be pleased
to discuss this matter with you immediately upon my return. I plan to be back on the
28th, so perhaps we can get together sometime towards the end of that week.
Thank you for your consideration.
cerely,
JO N R. SERAFINI
JRS/lal
•
moi. _/� tir• 1.• v. � • - #. 4 � h. C .. � n ,."'
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i Ty
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r •. wMR.Y.gWa Nf., rt�'�'!M• .. `a a f.'. Y
y
s. a xl`R$u8ry* '9+4 1•975•� `a~_ •,# T '^ r t. 4 � '.F 4 .. b
a Fwai9Nt4F:.4. `u - e •.4p`kN. k Y' _ - _
Soleus Shoo'Hanufacturing~Company
24 Saunders Street a `
. . ate$ Variance'
Spless,; .pg 4197 O' 424 Saunde-rs` St'. .
It has been+ brought` to my attontiori ih at%oder the . P
terms and conditions of variance";grant*d to you Ion
'
October 27, 19720 you have t'ailed _to=abide by.Conditiono
.r
"l. That the parking area. be e surfaced with the,<
customary hot topping."
d Yti]1youzkindly contact this' ofFice xeiotiva to your, . ,
,plana to conform- to• said "condition. You should be
made aware of the fact' that your f✓�ilure to abide 'by .this `
conditions may void your: vxariance.°
rf Very-truly,,.yours. . • -` a. - a t:
a+ 4;
s
Donald Man t8q.
, c/o Building Inspector's Office
5 Drodd: Street
tR
.Salem, MA a a
r• ' s 3 I*gtc
ene..-eopy_af variance
r
i• e S .. _ice
r�b `- :. � .sT t - .+1 • y^ 1 " as V
aCITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
TEL. 978-741-1800
FAX 978-745-0343
STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR - HEALTH AGENT
REFERRAL NOTIFICATION
Date: October 9, 2001
Animal Control Fire Prevention
Building InspectoF Toni Pierre Plumbing/Gas Inspector
Conservation Agent Police Department
Electrical Inspector Other Mayor's Office c/o Tom Philbin
& W & G Realty Trust
248 Atlantic Avenue
Swampscott, MA 01907
Dear Tom Liplease-not �correctionT#-addr`-)�
A recent-inspectio ndf.-CPB property-at-�
�,,� �,,--24 Saunders Street��
found the following information may involve your department/board:�
Yard waste noted-on-original-report-has-be-enn removed.
The overgrowth on the property is consistent with the natural growyh of the
surrounding area.
At this point, the property is not in violation of Mass. General Law III, Chapter
m127A and 127B and CMR410.602(A) of Chapter II, State Sanitary Code, Minimum
Standards of Fitness for Human Habitation.
24 Saunders Street not #21
For the Board of Health
c C57 C
c-referral notification#1