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24 SAUNDERS STREET - ZBA 24 Saunders St. R-2 Salem Shoe Co. Cy' t y t ( itu 'd 'Sttlem, C ttssttt�jusPt#s MAR 1 3 14 Pr '66 a } Paurb of �ppettl FILE# �QIMIM� DECISION ON THE PETITION OF SALEM SHOE MANUFACTURING CO. J1T1' CLLF.6. FOR VARIANCES FOR 24 SAUNDERS ST. (R-2) A hearing on this petition was held February 17, 1988 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Strout and Associate Member Dore. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners, owners of the property, are requesting variances from use, density and number of buildings on one lot to allow construction of sixty (60) residential units in this R-2 district. The Variances which have been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; It. 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 CC. FOR VARIANCES FOR 24 SAUNDERS STREET, SALEM page two 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the variances requested as to density, use and to permit more than one building on a lot so as to permit the construction of sixty (60) residential units, subject to the following conditions: 1 . Construction be as per plans submitted and be approved by the Planning Board; 2. Proposed construction conform to all applicable provisions of the Massachusetts State Building Code, the Salem Fire Prevention Code, the Salem City Ordinances and the Massachusetts General Laws relative to fire safety; 3. All requirements of the Salem Fire Department be strictly adhered to; 4. Proper numbering be obtained from the City of Salem; 5. All snow removal and trash removal be solely at the expense of the Condominium Association and be part of the Condominium documents; 6. The Condominium Documents control the sale or rent of the parking to the owners of the condominiums only; 7. Building Permit be obtained; 8. Certificate of Occupancy for each unit be obtained; 9• The lot be landscaped as per plans and as approved by 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 �I+4 eter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS ,SF TfTSTIS ;T " 'r p�APA�fFSppKC �. 7T O gEL�HI� YTH9G9 :EL=RSL LA.�S. CHAPTER. 598. AND EE F!L: WITHIN 20 DAYS AFTER THE DATE OF FILIN: .. ...5 G:CIS:O;I IN THE [PEKE C' THE C!,, CLERK. .. __. .._':_�,:- ;Av;c r.�•.-T[F. S:- SICTIC71 11, THE VA?IAWE DP SP21AL FCR'.1I SHALL f::: 1:. EFF:ii C':T'; :. COPY CF THE CCC!S I, EELP `.: ;HE ;ERT. JF 1H; LIT, LLEfi'. 2: CA:S r';.0 E'_U'ED A`�., NO APPEAL HdJ C:FH FiLLD. n;T. IF S'-1'.r! i... APrE4L H''.Y. E_:.. . __ � I. is S 5°E^i DIC C_fCD IS I4 TH: AM ESS:'': RI:11tR :_ — .D I':CECED Ui;::CC 'i FiE ii A.:E OF THE OWNER DF RECRC OR IS RETARDED AND KUiEO Oi, 11-.E OY;NER'S CERTIFICATE OF TITLE. BOARD OF APPEAL OWEN J. MEEGAN _ . ,�,.. - - e LS nt mtnssn�.m:ar.iis 01976 24 NUQl'R S'rRIiET, SN.E , OF COUNSEL 617.741-4155 AUBREY C. BRINE ATTORNEYS AT LAW REX:USTERED PATEN ATTORNEYS February 3 , 1988 CITY OF Mr. James B. Hacker Board of Appeals City of Salem One Salem Green Salem, MA 01970 RE: SALEM SHOE CO. VAR3EANC I saw in the Salem News the petition of the Salem Shoe Co. to build 60 residential units on their property on Saunders Street. Anyone looking at the buildings on the property will realize that they are a fire waiting to happen, and almost anyone would like to see them replaced, but sixty resi- dences in an R-2 zone which would allow maybe 12 residences is totally silly and absurd. One needs only to look at the entry street, and realize that the 100 to 120 or more cars which would start to drive down it would create a disaster. While the street is wide, the poor people who would buy the homes would have to suf- fer with the overcrowding and impossible parking, not to mention the trains shuttling by regularly . Possibly the buyers would be told of the connector road and possibly they wouldn' t. But Salem Shoe' s proposal will only further overcrowd an already grossly overcrowded neighborhood . Bridge Street (which is already awful) would be made worse. All I request is a rigid enforcement of the extant zon- ing laws . The future of our city must not be left to the developers. They have already done enough to it, and we must not let them continue. Very truly yours , SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET _ SALEM, MASSACHUSETT501970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI. JR. 508 744-0212 JOHN E. DARLING 617-5 812743 LEMS E.ANTONE.JR. TELECOPIER WENDY L. THAYER 508-741-4683 February 22, 1989 Board of Appeals One Salem Green City Hall Salem, Massachusetts 01970 Re: Petition of Salem Shoe Manufacturing Company for Extension of Variance Regarding 24 Saunders Street, Salem, Massachusetts Gentlemen: In accordance with the provisions of Massachusetts General Laws relative to extensions regarding variances, the undersigned respectfully petitions the Board to grant an extension of the variance granted by this Board on March 2, 1988 , the appeal period for which variance expired on March 22, 1988. The Petitioner has obtained the demolition permit as part of the building permit process and has commenced the razing of the building and is in the process of improving the site. While the Petitioner feels that he has performed under the variance granted, we feel that the extension will enable us to continue our performance in order to assure compliance with the requirements of Massachusetts General Laws. Therefore, we respectfully request an extension from the variance granted by this Board on March 2 , 1988 , the appeal period of which variance expired on March 22 , 1988 , for an additional period of six months. Respectfully submitted, SALEM SHOE MANUFACTURING COMPANY By its attorney, r 2- blohn R. 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