24 SAUNDERS STREET - ZBA (7) 24 Saunders St. R-2
W & G Realty Trust `
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0%12M Housing Aut4ardu STEPHEN ZISSON,Cheirman
27 Charter Street DOMINIC R.MARRAFFA,"ve Chalmm
MILLICENT UPSETT,Seconii Vice Chalr[r n
Salem, Massachusetts 01970-3699 GEORGE A.AGBERTIN,Tre ksurer gy+
Fax(508) 744.9614 - GARY STIRGWOLT,As*.Tmmlwrer
State Programs (508) 744.4431 ELAYNE M.HART,E:ec�Nve DUectar,3e ��•t T "
Federal Programs (508) 745-1868 uetary \QnMru�'
TDDNoIce
May 18 , 1994
Attorney John R. Serafini, Sr .
Serafini , Serafini, and Darling
63 Federal Street
Salem, MA 01970
Dear Attorney Serafini:
As you know, the Salem Housing Authority maintains a :ontinuing
interest in housing for the elderly. At the present time,
funding is not available for a project such as the one that
you are proposing for 24 Saunders Street, Salem. However,
we continue to monitor the availability of funds as such
availability changes from time I.-.o time . we would be :intere:>ted
in discussing the matter pending on such availability.
As you know, the Salem Housing Authority is committed to
providing housing for the elder]Ly in the City as the necessity
for such housing continues to increase.
Very truly yours,
Elayne �11t�rt
Executive Director
EMH:dt
-• 402 Amherst Street-SuRe 300
Nashua,NH 03063-1287 _
603 595 1614 .
603 595 2414 FAX
GUILFORD TRANSPORTATION
May 10, 1994
City of Salem
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Sir:
I have recently received a notice, copy enclosed, pertaining
to a land use within your jurisdiction. Guilford Transportation
Industries, Inc. manages the real estate matters for several
corporations and as such would like to respond to your notice.
This notice applies to one of the corporations owned by
Guilford Transportation Industries, they are as follows:
° Boston and Maine Corporation
• Maine Central Railroad Company
• Springfield Terminal Railway Company
° ' Hudson River Estates, Inc.
° - Delaware 'River Est ates,' Inc
. '
° DH Estates, Inc. (formerly Delaware and Hudson
Railroad)
Please excuse the form nature of this letter. However, the
railroads receive many notices each day and it is often difficult
to review the topic of each notice between the time in which it
is received and the date set for hearing. Therefore, we ask your
cooperation in this regard.
Although the railroads are concerned with each and every
notice, there are certain instances which you may become aware of
that are of particular concern. The railroads are concerned
about any petition which involves land plans showing a crossing
of railroad property. The railroads' concern exists even in the
event that your petitioner indicates that it is the holder of a
valid railroad crossing. Further, the railroads are particularly
concerned about development within 25' from the centerline of an
existing railroad track, even if such development occurs on non-
railroad property.
City of Salem, Board of Appeal
May 10, 1994
Page Two
The railroads ask your cooperation in bringing their
attention to any such matters.
This letter should not be construed as a waiver of any other
objections which the railroads may have to a proponents plan.
Thank you for your anticipated cooperation in this regard.
Sincerely,
;la; /x .
Leonard A. Lucas
Vice President
LAL:img
c: Stephen F. Nevero
Vice President-Engineering
(above w/enc. )
APPEAL CASE NO. .. . . .. . . .. .. .. .. . . . . . .
fluty of Salem, Aasz lTuutts
` I, '�} Pasts d Appral
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .24. Saupders.Strppx. . . . . . . .
" j �x�60rxrobC Zoning District.l;:? . .
�fxillBx�itYYt6bt0[YtG$$4x$c1Yd8Qxlltticlafi�:�i�IIc, . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning,Ordinance.
Direct Appeal
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed; as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the fullowing reasons:
See Schedule A, attached.
William Gordon, Trustee
W & G Fealty Trust
Owner. .ifPrvpr}y.Qp;pjn. �hpp). .. .. .. . . .. .. .. .
c/o John R. Serafini, Sr.
Address... .. .63.Federal.Street..Salem. •Mp. •,
Telephone. . MO). 744:Q212. . .. . . .... . . . .. . . ..
William Gordon, Trustee
Petitioner..M M.G.Realty.Trust. .
c/o Sohn R. Serafini, Sr.
Address... . .63.Federol.Street. .Salea ..t+�+. . , ,
Date. . .ARi:il .2. .1944 . ... . .
Tel ephone.. .(�4$�) .`141g-Q212 ..
By.-)d-IL . . ' . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
J�N'poals with a check, for advertising in the amount of. .SB1.75. . .. .. . . . . . . . . .. ..
ifour weeks prior to the meeting of the Board of Appeals. Check payable to The
-fvoning News.
1..
SCHEDULE A
The Petitioner, W & G Realty Trust, is filing this application
for a hearing in accordance with M.G.L. Chapter 40A, §10, for the
purpose of re-establishing Variances previously granted to
Petitioner to allow the construction of sixty (60) condominium
units.
The Petitioner was granted Variances to utilize the property
at 24 Saunders Street into a residential multi-family use, and
proceeded under these original Variances to demolish the building
of approximately 50, 000 square feet. A shoe manufacturing facility
had operated at the site for many years. However, when the shoe
business became unprofitable, it was no longer possible to maintain
the facility as a shoe manufacturing one.
Meetings with local residents, Councilors and other interested
parties were held, and presentations were made before the Planning
Board and Conservation Commission, resulting in approval for the
sixty unit project. The owners of the property have in good faith
proceeded to prepare the site, and have spent a considerable amount
l of money in demolishing the building, doing a 21E study and
preparing the area for utilities.
However, the market for multi-family construction disappeared
with the downturn in the economy, and that situation has continued.
It is the hope of the Petitioner to work with the local Housing
Authority and/or private developers to construct housing for the
elderly or assisted living for the elderly. Although there have
been several inquiries in the past, the Petitioner hopes that
during the next year it will finally be able, to proceed with
development of the site.
The Board had previously granted a six month extension. Any
further extension requires a public hearing, and that is the reason
for this Petition.. We would respectfully request that the Board
regrant the Variances previously granted in July of 1992, as per
the attached petition.
No change is contemplated in the conditions as originally
presented and approved by the Board of Appeal.
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05-02-94.12:25:53.40834-L MAY
CITY OF SALEM
BOARD OF APPEALS
745-9595 Ext. 381
will hold a public hearing for all persons inter-
ested in the petition submitted by W&G REALTY
for Variances to allow construction of sixty resi-
dential units as previously granted at 24 SAUN-
DERS STREET (R-1). Said hearing to be held
WEDNESDAY,MAY 18,1994 AT 6:00 P.M.,ONE
SALEM GREEN, 2nd Floor.
STEPHEN TOUCHETTE, Vice Chairman
May 4, 11, 1994
05-02-94.12:25753.40834-L M AY
CITY OF SALEM
BOARD OF APPEALS
745-9595 Ext. 381 I
Will hold a public hearing for all persons inter-
ested in the petition submitted by W&G REALTY
for Variances to allow construction of sixty resi-
dential units as previously granted at 24 SAUN-
DERS STREET (R-1). Said hearing to be held
WEDNESDAY,MAY 18, 1994 AT 6:00 P.M.,ONE
SALEM GREEN, 2nd Floor.
STEPHEN TOUCHETTE, Vice Chairman
May 4, 11, 1994 SN40834
i
--------------------
APPEAL CASE .
NO. .. . . .. . .. .. . . .. . . . .
. . . .
4
aitu of Salem AUSWIcltlzsetts
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. .24. Saunders.Srreer. ..... ..
..
. . .. .. .. . . . . .. .. .
a,60necsps
Zoning District.. . . .
�fx311�x1ddYYtS14CtYrd$$Y�r$c$3$@xflttl;l�ldk� c, � � �'OO{?0�&�x.. . . . . . . . . .
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Toning Ordinance.
Direct Appeal
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed', as the enforcement of said
"Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See Schedule A, attached.
William Gordon, Trustee
W & G Realty Trust
Owner..ifvrprr}y.pp?jejn. Shp€). .... .. .. . . .:.. .
c/o John R. Serafini, Sr.
Address... .. .
63.Federal.Street..Salem, •ty4, , ,
Telephonc.. fS90). 744:42)2. . .. . . .... . .. . . . . . .
William Gordon, Trustee
Petitioner. •bt•6•G.11ea4y.Trvst. . . . . .. .
c/o John R. Serafini, Sr.
Address.....
43.Fe4eYal.Street..Salea,.t+t�. . . .
. Date. . .Aazii Z. ,1894 . : . .. .
Telephone . (�4§).74474212. . . .. . .. . . . . .
Three copies of the application must be filed with the Secretary of the Board of
, ,!ry,peals with a check, for advertising in the amount of. .S81.25. . . ... . . . . . . . . .. .
dour weeks prior to the meeting of the Board of Appeals. Check payable to The
•Evening News.
3'
SCHEDULE A
The Petitioner, W & G Realty Trust, is filing this application
for a hearing in accordance with M.G.L. Chapter 40A, §10, for the
purpose of re-establishing Variances previously granted to
Petitioner to allow the construction of sixty (60) condominium
units.
The Petitioner was granted Variances to utilize the property
at 24 Saunders Street into a residential multi-family use, and
proceeded under these original Variances to demolish the building
of approximately 50, 000 square feet. A shoe manufacturing facility .
had operated at the site for many years. However, when the shoe
business became unprofitable, it was no longer possible to maintain
the facility as a shoe manufacturing one.
Meetings with local residents, Councilors and other interested
parties were held, and presentations were made before the Planning
Board and Conservation Commission, resulting in approval for the
sixty unit project. 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.
However, the market for multi-family construction disappeared
with the downturn in the economy, and that situation has continued.
It is the hope of the Petitioner to work with the local Housing
Authority and/or private developers to construct housing for the
elderly or assisted living for the elderly. Although there have
been several inquiries in the past, the Petitioner hopes that
during the next year it will finally be able to proceed with
development of the site.
The Board had previously granted a six month extension. Any
further extension requires a public hearing, and that is the reason
for this Petition. We would respectfully request that the Board
regrant the Variances previously granted in July of 1992, as per
the attached petition.
No change is contemplated in the conditions as originally
presented and approved by the Board of Appeal.
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SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI. SR. TELEPHONE
JOHN R. SERAFINI,JR. 508744.0212
JOHN E. DARLING 617-581-2743
ELLEN M.WINKLER TELECOPIER
JOSEPH C. CORRENTI
508-741-4683
April 14, 1995
Chairman, Board of Appeal
City of Salem
One Salem Green
Salem, MA 01970 ,-, m
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RE: Variances Granted to Property at o cr 'P
24 Saunders Street, Salem -nm raj
W & G Realty Trust Arrn
M s C9
Dear Mr. Chairman: o
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Please consider the enclosed application foryexte3siori
of the above referenced Variances which were granted by your"goard
at a hearing held on May 18 , 1994 , for a period of six (6) months
from the effective date of that grant.
The Petitioner wishes to go forward with the construction
of sixty (60) residential units, as permitted by the Board in this
matter. However, only recently has there been had any interest
shown in developing the site. At present, there is active
negotiating with an interested party, and therefore the Variances
must be kept from lapsing.
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,
JOH SERAFINI, SRG�
Att ney for
W & G Realty Trust
JRS, SR. /ln
(Gitn of `5ttlem, � tt 44 cllusetts
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OFF/y�SS
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.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page two 00��✓up �3
5. Such elderly housing or assisted living quarters would 7a' 30
FAar9
by the abutters, provided that all conditions to previous vary-��ygranted
by the Board of Appeal concerning this parcel be required to be ''a*i
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.
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.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page three ✓U`��
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I. Public safety access be maintained as per plans submitte�T�a��1 pg
meeting fire and police requirements.
j . Ingress and egress be on Saunders Street only. V JF%y4SS
F
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
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
o�y
of "Salem, �ffittsondjusetts
PuttrD of Appeal
JUNE 15, 1994
YOU ARE HEREBY NOTIFIED THAT AS OF JUNE 13, 1994 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF W & G REALTY TRUST FOR A VARIANCES TO ALLOW
CONSTRUCTION OF 60 RESIDENTIAL UNITS DEDICATED TO ELDERLY HOUSING OR
ELDERLY ASSISTED HOUSING AT 24 SAUNDERS STREET.
BOARD OF APPEAL
BRENDA M. SMALL
CLERK OF THE BOARD
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
MGL 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 MGL Chapter
40A. , Section 11, the Variance/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 owners Certificate of
title.
Board of Appeal
(1jty of ,�Sttiem, flassar1lusetts
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S Of F,'�4SS
DECISION ON THE PETITION OF W Sc 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.
3
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page two ✓//x ��
5. Such elderly housing or assisted living quarters woulJ r3 OPAD �
by the abutters, provided that all conditions to previous ,A a4p granted
by the Board of Appeal concerning this parcel be required to be '6k;40
by the property owners.
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.
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.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page three ✓Uy��
C
I. Public safety access be maintained as per plans suhmittec�TYaB�. SBP
meeting fire and police requirements. (FRCS" FH r% 9y
j . Ingress and egress be on Saunders Street only. U Or` ^ygSS
'F
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
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
of _`-5ttlem, �fHus(sacllusetts
Q Am7 .�
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Off,/�4SS
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 4OA.
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.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page two ��jj✓(/y �3
5. Such elderly housing or assisted living quarters woAl '6 f>O, OP��A?,
by the abutters, provided that all conditions to previous vak� 04�r granted
by the Board of Appeal concerning this parcel be required to be ''4k;40
by the property owners.
Sv
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.
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.
DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES AT 24 SAUNDERS
STREET, SALEM
page three
Op/�
I. Public safety access be maintained as per plans submitte�lr8� Mpg
meeting fire and police requirements. <F Sf
j . Ingress and egress be on Saunders Street only. �rFj FASS
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
ii
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
--------------
w ;
APPEAL CASE NO. .. . . .. . . .. .. . . .. . . .
�J I# of Salem, ttssttcllusP##s
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. Strepx. . . . . . . ...
• �C Zoning District.. .
. . ExfI1Bx;'Att4Yr28ETE[Yf6$$?.c$c$.dEQxl3tlt]c]d# ��c� �'C�QUODYL�S�x . . . . . . . . . . . .
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 Appeal
C) a,
mo ,
(n
�s
T*—Apikl-i.,dation for Permit was denied by the Inspector of Buildings for the following
reasons: r
Dire t Appeal
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-
9ating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See Schedule A, attached.
t
William Gordon, Trustee
W & G Realty Trust
Owner. lfer>npr}y.pippin. Srpp)... .. .. . . . . .. . ..
c/o John R. Serafini, Sr.
Address.. . . . .
63.Federal.Street..3alem. .l�p. . .
Telephone.. f50$).744:P212. . .. . ..... . . . . . . . ..
William Gordon, Trustee
Petitioner. .M.G.Realty.Trvst. . . . .
. . . . . . . . . .
c/o John R. Serafini, Sr.
Address.....63.Federal.Street..Seleal. .k[4. . ..
Date. . .AnziZ ,7,. ,1894 - • , , , ,
Telephone , (M 744•-9212„ • •. . . . • • . . . . . .
By..
Three copies of the application must be filed with the Secretary of the Board of
j4VOedls with a check, for advertising in the amount of. .S81.25. . .. . . . . . . . . . . . . . .
hour weeks prior to the meeting of the Board of Appeals. Check payable to The
4voning Hews.
N
SCHEDULE A
The Petitioner, W & G Realty Trust, is filing this application
for a hearing in accordance with M.G.L. Chapter 40A, §10, for the
purpose of re-establishing Variances previously granted to
Petitioner to allow the construction of sixty (60) condominium
units.
The Petitioner was granted Variances to utilize the property
at 24 Saunders Street into a residential multi-family use, and
proceeded under these original Variances to demolish the building
of approximately 50, 000 square feet. A shoe manufacturing facility
had operated at the site for many years. However, when the shoe
business became unprofitable, it was no longer possible to maintain
the facility as a shoe manufacturing one.
Meetings with local residents, Councilors and other interested
parties were held, and presentations were made before the Planning
Board and Conservation Commission, resulting in approval for the
sixty unit project. The owners of the property have in good faith
proceeded to prepare the site, and have spent a considerable amount
1 of money in demolishing the building, doing a 21E study and
preparing the area for utilities.
However, the market for multi-family construction disappeared
with the downturn in the economy, and that situation has continued.
It is the hope of the Petitioner to work with the local Housing
Authority and/or private developers to construct housing for the
elderly or assisted living for the elderly. Although there have
been several inquiries in the past, the Petitioner hopes that
during the next year it will finally be able to proceed with
development of the site.
The Board had previously granted a six month extension. Any
further extension requires a public hearing, and that is the reason
for this Petition. We would respectfully request that the Board
regrant the Variances previously granted in July of 1992, as per
the attached petition.
No change is contemplated in the conditions as originally
presented and approved by the Board of Appeal.
�]Yj
fn<x Rev
V DATE OF HEARING � lg 9'
PETITIONER / ✓�"
LOCATION C
i4-
MOTION: TO GRANT eor7 p SECOND C/rt1 C ENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
IZALBERT C. HILL
3 STEPHEN O'GRADY
ctSTEPHEN TOUCHETTE
ASSOCIATE MEMBERS
S NINA V. COHEN —�
ARTHUR LEBRECQUEf
CON�DDITTIONS: �C / C 01004 4
C_� YY��
fL42 i
a
402 Amherst Street-Suite 300
Nashua,NH 03063-1287
603 595 1614 -
603 595 2414 FAX
GUILF-•-D •-
-TATION INDUSTRIES, INC.
May 10, 1994
City of Salem
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Sir:
I have recently received a notice, copy enclosed, pertaining
to a land use within your jurisdiction. Guilford Transportation
Industries, Inc'. manages the real estate matters for several
corporations and as such would like to respond to your notice.
This notice applies to one of the corporations owned by
Guilford Transportation Industries, they are as follows:
° Boston and Maine Corporation
• Maine Central Railroad Company
• Springfield Terminal Railway Company
• Hudson River Estates, Inc.
• Delaware River Estates, Inc.
• DH Estates, Inc. (formerly Delaware and Hudson
Railroad)
Please excuse the form nature of this letter. However, the
railroads receive many notices each day and it is often difficult
to review the topic of each notice between the time in which it
is received and the date set for hearing. Therefore, we ask your
cooperation in this regard.
Although the railroads are concerned with each and every
notice, there are certain instances which you may become aware of
that are of particular concern. The railroads are concerned
about any petition which involves land plans showing a crossing
of railroad property. The railroads' concern exists even in the
event that your petitioner indicates that it is the holder of a
valid railroad crossing. Further, the railroads are particularly
concerned about development within 25' from the centerline of an
existing railroad track, even if such development occurs on non-
railroad property.
City of Salem, Board of Appeal
May 10, 1994
Page Two
The railroads ask your cooperation in bringing their
attention to any such matters.
This letter should not be construed as a waiver of any other
objections which the railroads may have to a proponents plan.
Thank you for your anticipated cooperation in this regard.
Sincerely,
Leonard A. Lucas
Vice President
LAL: img
c: Stephen F. Nevero
Vice President-Engineering
(above w/enc. )
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