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24 SAUNDERS STREET - ZBA (6) 4 �R , � tY �� .! r•S�t sT �< ...n ,y�'' � * '.' 2`4 St1UNDy RS�,,STREET r � ,�.� �� ,."` ��' I Chi of �ttlem, POura of �sttcliusetts C�`� r 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 C GiJ 4rD . LD 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 r Cl)� m o ."• N (�iittl of CDM CD_ o 1 >/� BUZIra of .;1U�TP211 mCn n s N_ N 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 S2 Ir r m o tai z•� Nn W o rr*i v T= I•'+ mn co ca Cn N v b� (fit of --ittlem, � rzssttcliusetts '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 � _ cn ti r T j 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 ,."' rte. a. . �• - .:4 _¢ .�� �: * „r i Ty •�t 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