SZETELA LANE - ZBAF" Szetela Lane R-1
(Essex St. Ext/MemorialDr)
McNeil & Associates _
J
T-
1\3
(fitg of idem, gassac4usrtts
P aura of ral
DECISION ON THE PETITION OF MCNEIL & ASSOCIATES FOR
VARIANCES FOR SZETELA LANE, SALEM ��yy OOMpp ppCC
A hearing on this petition was held July 24, 19890Git� tloKg Board
Members present: James Hacker, Chairman; Messr arnas, Gauthier, Strout and
Associate Member Bencal. Notice of the hearingsv ent to abutters and others
and notices of the hearing were properly publishjj+yif),_ �Stigning News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioners are requesting variances to allow construction of thirty six (36)
townhouse, multi-family condominium units, garages and clubhouse in this R-1
district. This property was formerly Memorial Drive/Essex St. Ext.,
The Variance which has 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 petitioner; and
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 theplans, makes the following findings of fact:
1 . The petition was remanded back to the Board of Appeal by the
Salem Court;
2. There was neighborhood petition of most neighbors and all abutters
in favor of this petition;
3. This would not be a suitable area to be developed for single family
homes;
4. Would improve the area in general and clean up a dangerous area.
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 and circumstances exist which affect this lot
but do not affect the district generally;
2. Literal enforcement of the Ordinance would work a substantial
hardship upon petitioner; and
DECISION ON THE PETITION OF MCNEIL & ASSOCIATES FOR
VARIANCES FOR SZETELA LANE, SALEM
page two
3. The Variance requested can be granted without substantial detriment
to the public good and without 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
petitioners the Variances requested on condition:
1 . All conditions set forth in the Purchase and Sale Agreement between
McNeil & Associates and the City of Salem are to be strictly
adhered to. (Copy attached)
2. A Certificate of Occupancy be obtained for each unit;
3. All work must have Fire Department approval.
VARIANCE GRANTED
James B. Packer, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM THIS DEctwN, FF ANY, SHALL BE MADE PURSUANT TO SECTION-17 OF THE MASS.
GENERAL LAYS, CHAFFER M— A.0 SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISMV IN THE OF—CE OF THE CITY CLERK.
PUPSAh"T TO RISS. Cr-( AL LA.7S. CHAPTER BOB, SECTION 11. THE VARIANCE OR SPECIAL PER-AIT -
GRAKFED HERET:, S!K LL BDT I;G:E EFFECT UNTIL A COPY Of THE DECISION. EEAR;NG TRE CERT•
FWATM CF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR MLT. IF SG%-H AN APPEAL HAS DEEN FILE. THAT R HAS BEEN DISf1 SSED CR DENIED IS
REDM—w LK TRZ SCUTN ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER
OF Knalm O@ LS RELDBDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BDARD. OF APPEAL -
X17,
JVTcNeil&�Assmc` a es, Inc.
9-,&
t ,6!l
..R
P.O.BOX 407,420 PROVIDENCE HIGHWAY,WEST ODj!{vUf!02030
326-5800 S{
June 4 , 1985
Zoning Board of Appeals
One Salem .Green
Salem, MA 01970
Reference: Collins Cove Condominiums
Salem, Massachusetts
Dear Members of the Board:
Pursuant to Section IX-E of the City of Salem Zoning
Ordinance, we are submitting the enclosed applications, fees
and exhibits necessary to petition the Zoning Board of Ap-
peals for a variance to develop thirty-six (36) condominiums
in a R-1 district.
-As the Board may recall , the City of Salem made a
Public Solicitation for the development of the subject property
in the latter part of 1980. In accordance with the City' s
Guidelines, our firm submitted a proposal for development of
the property to the Salem Planning Department on October 15 ,
1980.
Each development proposal that was submitted to the
City was evaluated to determine the highest and best use for
the site. On November 27 , 1981, our firm was designated to
develop the subject property.
On May 23 , 1984 we had a Public Hearing before this
Board in which we requested a variance that would allow the
construction of 36 condominium units, with garages and a
clubhouse with docking facilities. The Board denied our
petitions and we appealed the Board' s decision.
Since that time we have been working with the admin-
istration and the City Council to revise our proposal and
Purchase and Sale Agreement in a manner acceptable to the
Mayor, City Solicitor and City Council. On May 21, 1985 the
Mayor signed a revised Purchase and Sale Agreement, which
had been approved by a City Council vote in excess of two-
thirds.
Zoning Board of Appeals -2- June 4 , 1985
As evidenced by the attached correspondence from
City Solicitor, Michael O'Brien, together with the court
order remanding our appeal back to the Zoning Board of
Appeals, it is clear that we can legally come before the
Board at this time.
We are submitting the enclosed application to the
Zoning Board of Appeals in accordance with the aforementioned
Purchase and Sale Agreement.
If you have any questions, please do not hesitate to
contact us.
Very truly yours,
MCNEIL ASSOCIA S , I
Thomas Southworth
Assistant Vice President
TS:lg
Enclosures
EXHIBITS
1. Three copies of Appeal Forms .
2. Two copies of a Plot Plan, showing owner ' s name, street
number of the property, the lines and property and names
of abutters.
3 . Two sets of scaled drawings showing all work proposed under
. petition.
4 . Two sets of Property Survey Plans .
5. Two sets of Property Topographical Plans.
6. Two sets of Building Elevations and Unit Plans.
7. Fees:
$53. 55 Payable to Salem Evening News
$ 2. 00 Payable to City of Salem for certified copy
of decision
$10. 00 Payable to Registry of Deeds for the recording
of the decision
$50. 00 Payable to City of Salem - Board of Appeals -
i.e. minium application fee
$500. 00 Payable to City of Salem - Board of Appeals -
i. e. $50/unit fee up to maximum of $500 for
new construction
of gulem,
Pjazir3 of '4pral
TH It is the developer (buyer) .under contract for sale
70 ' I1E BOARD OF APPEALS:`dated 5/21/85 with the city of Salem
The Undersigned represent that zx :axe . the vAnexA of a certain parcel of land located
at Pf�. . .Memflxial. Azive. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .Scie ; Zoning District.R .?_ .
and said parcel is affected by Section(s) . . . . . . . . . . . . . .. .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
G fir'
-h W
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
This is a direct appeal to the Board of 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 addendum attached hereto and incorporated herein.
Owner. . .City. .of. SaleuL .. . . . .. . . .. . .. . .... .
Address. . Salem,. MA . .. .. . . . ... .. . . . .. .. .. . .
Telephone. 3A4-.02.82 . . . . . . . . . . . . . .. . . . . . . . ..
Petitioner. "?cWTJT .4 .ASSS2Cz8TFS . .. . . . ... .
420 Providence Highway
Address. . . . Y?estWpAd, .MA . . .02D3.Q . . . .... ..
June. 4 ,
Date. . . . . . . . . . . . . . .1985. . . . . . Telephon . . 32b-5SAQ
ByTh'omas S�/rti, ssistant ice
Three copies of the application must be filed with the Secretary of the Board of
President
Appeals with a check, for advertising in the amount of:.S. S.3,55. . . . .. . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
ADDENDUM
Petitioners seeks a variance to develop and construct thrity-six
(36) townhouse, multi-family condominium dwellings, with garages and a clubhouse
with docking facilities in a R-1 District all as shown on a plan entitled
Site Plan Collins Cove Condominiums, Salem, MA, dated April 2, 1.984,
Revised June 2, 1985, James W. Haley, P.E. Pursuant to section IX(E)
(Variances) , Petitioner seeks a variance from the following sections of
the Zoning Ordinances :
(1) Section V(A) (1) , (Use Regulations) to allow multi-family
dwellings (a Cluster Residential Development, pursuant to
Section VII (N)) in an R-1 District, with garages and a club-
house with docking facilities.
(2) Section VI, (Table I) minimum width of side yard; and '
(3) from any other sections of the Salem Zoning Ordinances re-
quired to effectuate the foregoing.
The City has executed a Contract for Sale with Petitioner for the
Parcel . The Contract for sale gives the City the right at its election
to purchase the clam flats as shown on the "Plan of Land in Salem, Mass.
Property of the City of Salem" dated May 1, 1985 and attached herewith,
for the sum of $1.00. Petitioner respectfully requests that the
variance, if granted, provides for this right of the City to acquire
the clam flats. The City invited the Petitioner to proceed with a
development of thirty-six (36) residential, townhouse condominium units.
Petitioner has spent large sums of money in reliance upon the City' s
desire that Petitioner develop the said parcel by constructing thereon
thrity-six (36) residential condominium units. The Contract for Sale
with the City requires Petitioner to pay the City. the sum of Six Hundred,
.l
Twenty-five Thousand Dollars ($625,000.00) . Such a land cost combined
with a site characterized by extensive ledge throughout, steep slopes and
eroding shoreline makes a smaller development economically unfeasible.
Therefore, a literal enforcement of the provisions of the Zoning Ordinance
would cause Petitioner unnecessary and undue substantial financial hard-
ship.
Ownership of the area defined as Lot B on the attached survey
plan entitled "Plan of Land in Salem, Mass. , Property of City of Salem"
dated May 1, 1985 shall be retained by McNeil & Associates, Inc. or its
designee. The owners of the condominium units will have the right to
use a designated portion of the clubhouse.
The parcel is a unique,- water front parcel located on Collins
Cove. A high-quality, self-contained residential condominium development
will benefit the City of Salem from an architectural and a fiscal point
of view. The desired relief may be granted therefore without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of the Zoning Ordinance.
-2-
COPY FOR YOUR
r °""` MWkY 2 4 i�35 INFORMATION
MICHAEL E. O'BRIEN 9 MARY P. HARRINGTON
CITY SOLICITOR 24o,w �c+'+ ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
and and
187 FEDERAL STREET CITY OF SALEM 59 FEDERAL STREET
SALEM, MA 01970 MASSACHUSETTS SALEM, MA 01970
745.4311 744-0350
744-3363
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
May 22, 1985
James B. Hacker, Chairman
Board of Appeals
7 Ugo Road
Salem, Massachusetts 01970
Re: McNeil & Associates , Inc.
vs
James Hacker, et alS
Essex County Superior Court
Civil Action No. 84-1627
Dear Mr. Hacker:
As you are no doubt aware, the City Council recently voted
(9 yea, 2 nay) to sell the above referenced property to NcNeil &
Associates, Inc. On May 21, 1985 Mayor Salvo signed an agreement
with NcNeil & Associates, Inc. pursuant to the vote of the City
Council. As far as the legal department is concerned; the action
of the City Council and Mayor Salvo moots the appeal filed by
McNeil & Associates, Inc. concerning the June 13, 1984 vote of
your board denying McNeil a variance to construct 36 condominiums
on the site. Accordingly, this office has entered into a stipula-
tion remanding the matter back to your board for further considera-
tion. I am enclosing copies of the court documents for your records .
If you have any questions concerning the above, please feel
free to contact me.
ery truly you s
hael E. O'Brien
City Solicitor
MEO/Jp
cc: Mayor Anthony V. Salvo
Gerard Kavanaugh, City Planner
Erik Lund, Esq.
Thomas Southworth
Enclosures
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . SUPERIOR COURT
CIVIL ACTION
NO. 84=1627
McNEIL & ASSOCIATES , INC. , )
Plaintiff )
V. )
)
JAMES HACKER, SCOTT E. ) MOTION FOR ENTRY OF JU GMENT
CHARNAS, EDWARD LUZINSKI , )
ROBERT GAUTHIER, and ) J Q
PETER STROUT, as they
are members of the Board of )
Appeal, of the City of Salem )
Massachusetts ; THE BOARD OF )
APPEAL OF THE CITY OF SALEM, )
MASSACHUSETTS; and THE CITY ) � .
OF SALEM, MASSACHUSETTS, )
Defendants )
All parties in the above-entitled matter move the Court to
enter judgment in accordance with the stipulation of the parties,
a copy of which is attached hereto marked "A. "
JAMES-- {ACKER, et al MCNEIL & ASSOCIATES, INC.
By their attorney, By its atto neys ,
hr�ce
E. n ' Brien , �Eq Erik Lund, P.C.
City Solicitor Rosanna Sattler , Esquire
187 Federal Street Posternak, Blankstein & Lund
Salem, MA. 01.970 100 Charles River Plaza
Boston, MA 02114
ELF33
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT
ESSEX, SS . CIVIL ACTION
NO. 84-1627
)
McNEIL & ASSOCIATES , INC. , I
Plaintiff )
V. )
JAMES HACKER, SCOTT E. ) STIPULATION
S , EDWARD LUZINSKI ,
ROBERT
ROBERT vAUTHIER, and -
PETER STROUT, as they
are members of the Board of )
Appeal , of the City of Salem ) (�
Massachusetts ; THE BOARD OF ) -
APPEAL OF THE CITY OF SALEM, )
MASSACHUSETTS ; and THE CITY
OF SALEM, MASSACHUSETTS , )
Defendants
The parties in the above-entitled matter hereby agree and
stipulate as follows :
(1) that judgment may be entered by the Court in the
form attached hereto declaring null and void the June 21 ,
1984 decision of the Salem Board of Appeals and remanding
the petition of McNeil & Associates , Inc . for variances for
further- consideration and proceedings by said board ;
( 2) upon entry of said judgment, all appeals by any
party therefrom are waived.
JAMES HACKER, et al McNEIL & ASSOCIATES , INC .
By their attorney, .. ` By its a for eys ,
Michae E. O Mien , Esq. Erik Lund, P.C.
City Solicitor Rosanna Sattler, Esquire
Street Posternak, Blankstein & Lund
187 Federal
Salem, MA. 0Stre 100 Charles River Plaza
Boston , MA_ 02114
ELF31
"A„
tir�af'�
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . SUPERIOR COURT
CIVIL ACTION
NO. 84-1627
McNEIL & ASSOCIATES , INC. , )
Plaintiff )
V. )
)
JAMES HACKER, SCOTT E. ) JUDGMENT
CHARNAS, EDWARD LUZINSKI , )
ROBERT GAUTHIER, and )
PETER STROUT, as they )
are members of the Board of )
Appeal , of the City of Salem )
Massachusetts; THE BOARD OF )
APPEAL • OF THE CITY OF SALEM, )
MASSACHUSETTS; and THE CITY )
OF SALEM, MASSACHUSETTS, )
Defendants )
)
This matter came on to be heard and, upon consideration of
the stipulation of the parties , it is hereby ORDERED, ADJUDGED
and DECREED:
(1) The decision of the Salem Board of Appeals on the
petition of McNeil & Associates , Inc . for variances for
41 Memorial Drive/27 Essex Street Extension, dated June 21,
1984 , is hereby declared null and void and said petition is
hereby remanded to said Board of Appeals for further
proceedings thereon and consideration thereof;
(2) Plaintiff ' s complaint is otherwise dismissed,
without interest and without costs.
/ By the Court, /
Date: J.
2
Assented to as to form, all appeals
being waived:
McNEIL & ASSOCIATES, INC.
By its atto neys
Erik Lund, P.0
Rosanna Sattler, Esquire
Posternak, Blankstein & Lund
100 Charles River Plaza
Boston, MA 02114
JAMES CKER, et al
By the ' /attorney,
Michael E. 0' rien,
City Solicitor
187 Federal Street
Salem, MA. 01970
ELF32
e�' f.,35 COPY FOR
card r. f
MICHAEL E. O'BRIEN '� 9 MARY P. HARRINGTON
CITY SOLICITOR ��o�ymw+'� ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET - 93 WASHINGTON STREET
and and
187 FEDERAL STREET CITY OF SALEM 59 FEDERAL STREET
SALEM, MA 01970 MASSACHUSETTS SALEM, MA 01970
745.4311 744-0350
744-0383
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
May 22, 1985
James B. Hacker, Chairman
Board of Appeals
7 Ugo Road
Salem, Massachusetts 01970
Re: McNeil & Associates , Inc.
vs
James Hacker, et als _
Essex County Superior Court
Civil Action No. 84-1627
Dear Mr. Hacker:
As you are no doubt aware, the City Council recently voted
(.9 yea, 2 nay) to sell the above referenced property to McNeil &
Associates, Inc. On May 21, 1985 Mayor Salvo signed an agreement
with NcNeil & Associates, Inc. pursuant to the vote of the City
Council. As far as the legal department is concerned, the action
of the City Council and Mayor Salvo moots the appeal filed by
McNeil & Associates, Inc. concerning the June 13, 1984 vote of
your board denying McNeil a variance to construct 36 condominiums
on the site. Accordingly, this office has entered into a stipula-
tion remanding the matter back to your board for further considera-
tion. I am enclosing copies of the court documents for your records .
If you have any questions concerning the above, please feel
free to contact me.
ery truly you s
is ael E. O'Brien
City Solicitor
MEO/jp
cc: Mayor Anthony V. Salvo
Gerard Kavanaugh, City Planner
Erik Lund, Esq.
Thomas Southworth
Enclosures
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . SUPERIOR COURT
CIVIL ACTION
NO. 84-1627
McNEIL & ASSOCIATES , INC. , )
Plaintiff )
V. )
JAMES HACKER, SCOTT E. ) MOTION FOR ENTRY OF JU GMENT
CHARNAS, EDWARD LUZINSKI ,
ROBER
GAUTHIER, and
PETER TSTROUT, as they
are members of the Board of )
Appeal, of the City of Salem )
Massachusetts ; THE BOARD OF )
APPEAL OF THE CITY OF SALEM, )
MASSACHUSETTS ; and THE CITY )
OF SALEM, MASSACHUSETTS, )
Defendants )
All parties in the above-entitled matter move the Court to
enter judgment in accordance with the stipulation of the parties ,
a copy of which is attached hereto marked "A. "
JAMES- ACKER, et al McNEIL & ASSOCIATES , INC.
By the r attorney, J� By its attorneys ,
MicTae`i O ' Brien , E� Erik Lund, P.C.
City Solicitor Rosanna Sattler,, Esquire
187 Federal Street Posternak, Blankstein & Lund
_ Salem, MA. 01970 100 Charles River Plaza
Boston, MA 02114
ELF33
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . SUPERIOR COURT
CIVIL ACTION
NO. 84-1627
)
McNEIL & ASSOCIATES , INC . , I
Plaintiff )
V. )
JAMES HACKER, SCOTT E. ) STIPULATION
CHARNAS, EDWARD LUZINSKI ,
ROBERT GAUTHIER, and ) — ���1 , �
PETER STROUT, as they ) — --
are members of the Board of )
Appeal , of the City of Salem )
Massachusetts ; THE BOARD OF
APPEAL OF THE CITY OF SALEM, )
MASSACHUSETTS ; and THE CITY ; �J
OF SALEM, MASSACHUSETTS , )
Defendants )
The parties in the above-entitled matter hereby agree and
stipulate as follows:
(1) that judgment may be entered by the Court in the
form attached hereto declaring null and void the June 21 ,
1984 decision of the Salem Board of Appeals and remanding
the petition of McNeil & Associates , Inc . for variances for
further- consideration and proceedings by said .board ;
( 2) upon entry of said judgment, all appeals by any
party therefrom are waived.
JAMES HACKER, et al McNEIL & ASSOCIATES, INC.
By their attorney, By its a for eys ,
Michae E. O Tien , Esq. Erik Lund, P.C.
City Solicitor Rosanna Sattler, Esquire
187 Federal Street Posternak, Blankstein & Lund
Salem, MA. 01970 100 Charles River Plaza
Boston, MA 02114
ELF31
.,A„
lay R
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . SUPERIOR COURT
CIVIL ACTION
NO. 84-1627
McNEIL & ASSOCIATES, INC. , )
Plaintiff 1
)
V. )
JAMES HACKER, SCOTT E. ) JUDGMENT
CHARNAS, EDWARD LUZINSKI , )
ROBERT GAUTHIER, and )
PETER STROUT, as they )
are members of the Board of )
Appeal , of the City of Salem )
Massachusetts ; THE BOARD OF )
APPEAL - OF THE CITY OF SALEM, )
MASSACHUSETTS; and THE CITY )
OF SALEM, MASSACHUSETTS, 1
Defendants )
)
This matter came on to be heard and, upon consideration of
the stipulation of the parties , it is hereby ORDERED, ADJUDGED
and DECREED:
(1) The decision of the Salem Board of Appeals on the
petition of McNeil & Associates , Inc . for variances for
41 Memorial Drive/27 Essex Street Extension, dated June 21,
1984 , is hereby declared null and void and said petition is
hereby remanded to said Board of Appeals for further
proceedings thereon and consideration thereof;
(2) Plaintiff ' s complaint is otherwise dismissed,
without interest and without costs.
By the Court,
Date: J .J .
2
Assented to as to form, all appeals
being waived:
McNEIL & ASSOCIATES, INC.
By its atto Heys
(�l
Erik Lund, P.0
Rosanna Sattler, Esquire
Posternak, Blankstein & Lund
100 Charles River Plaza
Boston, MA 02114
JAMES CKER, et al
By the ' ttorney,
/ h 7 /
Michael E. O' rien,
City Solicitor
187 Federal Street
Salem, MA. 01970
ELF32
s a
MICHAEL E. O'BRIEN MARY P. HARRINGTON
CITY SOLICITOR J"za,,,�,z w*`Sr ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
and CITY OF SALEMand
187 FEDERAL STREET MASSACHUSETTS 59 SALEM,MAAL S019 0�
SALEM, MA 01970 7
745-4311 44.0350
7443363
ease Reply to 187 Federal Street Please Reply to 59 Federal Street
July 17, 1985
Mr. James B. Hacker, Chairman
Board of Appeals
One Salem Green
Salem, MA 01970
Re: McNeil and Associates
Deas Mr. Hacker,
pursuant to your telephone call I am enclosing a copy of the agreement
between the City of Salem and McNeil & Associates relative to the sale of
city owned real estate at Memorial Drive. The aggreement recites the con-
ditions. of the sale which. might be useful to your board.
Also enclosed please find a copy of Superior Court judgment (Murphy, J. )
which excuses your board of the necessity of finding changed circumstances .
before hearing the matter again.
/Ve " truely your ,
�� T ti1ichae1 E. 0' i
City Solicitor
5w
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS . SUPERIOR COURT
CIVIL ACTION
NO. 84 -1627
MCNEIL & ASSOCIATES , INC. , )
Plaintiff )
)
V. )
)
JAMES HACKER, SCOTT E . ) JUDGMENT
CHARNAS , EDWARD LUZINSKI , )
ROBERT GAUTHIER; and )
PETER STROUT, as they )
are members of the Board of )
Appeal , of the City of Salem )
Massachusetts ; THE BOARD OF )
APPEAL - OF THE 'CITY OF SALEM, )
MASSACHUSETTS ; and THE CITY )
OF SALEM, MASSACHUSETTS , )
Defendants )
This matter came on to be heard and, upon consideration of
the stipulation of the parties , it is hereby ORDERED, ADJUDGED
and DECREED:
(1) The decision of the Salem Board of Appeals on the
petition of McNeil & Associates , Inc . for variances for
41 Memorial Drive/27 Essex Street Extension , dated June 21 ,
1984 , is hereby declared null and�id_ and said petition is
heYeby remanded to said Board of Appeals for further
proceedings thereon and consideration thereof;
( 2) Plaintiff' s complaint is otherwise dismissed ,
without interest and without costs .
By , the Court,
J .
Date : s � 3 L
___ Rj_CAk.tD N
City. of Salam and McNeil Associates
for land on Dlanorial Drive, former
Health Hospital site
Presented to the Mayor for approvol
APR �9 1995 19
—'
approved on .-�--,9 t
B
-�)r
Mayor
In City Council December 17, 1984
Ref. to Committee of the Whole, then
to meet with McNeil & Mayor-voted
In'City Council March 28, 1985
Planner requests 3 appraisals.of
property -cost to be added to sale
price & Mayor take steps to demolish
building-Can. of whole meet within
2 weeks to review proposals
In City Council April 11, 1985
Amendment - Mayor and Solicitor include .
in Order of condition that $125,000:
be earmarked for repairs to streets
and sidewalks in city-voted
Ref. to Ccrmm. Develogrent
In City Council April 25,1985
Amendment-delete item d, page 5, re: 36
moorings-voted r.c.v. 7-4-0
hnerdment-saleprice of $1.5M-defeated
Amendment-sale price of $800,000.defeate9
by r.c.v. 2-9-0
Legal Dept. recorded in favor in agreement
as it stands,/
IN CITY COUNCIL,
City of Salem, ....._./ .. .. .......19
THE COMMITTEE ON
to whom was referred
has conside d said matter and would recommend:
J '6 ,
, •
v
c
<1
FOA THE COMMITTEL,
Cbairman
Pr:'r 1'r T oN
TO:
1.11E IIUN(TA1413" ANTHONY V. SALVO, MAYOR, CITY OF SALEM,
AND THr SA1.I:F1 CITY COUNCTL
We, the undcrsiUncd residents of Ward I of the City of
Salem., hereby express -Our 1-upport of McNeil & Associates' condo-
minium proposal for the Surplus Salem health Hospital Property
approved pursuant to the Public Request for Pro-
as previously
posals by the City of Salem, and request the support of your
administration and the City Council in this matter.
>/ .Q LCA
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AL
C.
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•� � I'L'1'I'1'ION
TO: THE HONORABLE ANTHONY V. SALVO, MAYOR, CITY OF SALEM,
AND THE SALEM CITY COUNCIL
We, the undersigned residents of Ward I of the City of
Salem, hereby express our support of PIcNeil & Associates' condo-
minium proposal for the Surplus Salem health Hospital Property
as previously approved pursuant to the Public Request for Pro-
posals by the City of Salem, and request the support of your
administration and the City Council in this matter.
4".act' �Jw
OIL)L
61
J / _ /K
�y.conn
MICHAEL E. O'BRIEN � MARY P. HARRINGTON
CITY SOLICITOR 'Tccwt ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET 93 WASHINGTON STREET
and CITY OF SALEM and
187 FEDERAL STREET 59 FEDERAL STREET
SALEM, MA 01970 MASSACHUSETTS SALEM, MA 01970
745-4311 - 744-0350
7443383
Please Reply to 187 Federal Street Please Reply to 59 Federal Street
July 17, 1985
Mr. James B. Hacker, Chairman
Board of Appeals
One Salm Green
Salem, MA 01970
Re: McNeil and Associates
Dear Mr. Hacker,
Pursuant to your telephone call I am enclosing a copy of the agreement
between the City of Salm and McNeil & Associates relative to the sale of
city owned real estate at Memorial Drive. The aggreement recites the con-
ditions of the sale which might be useful to your board.
Also enclosed please find a copy of Superior Court judgement (Murphy, J. )
which excuses your board of the necessity of finding changed circumstances
before hearing the matter again.
%'Z Ve truely your. ,
r
cha 1 E. 0' i
City Solicitor
COMMONWEALTH OF MASSACHUSETTS �'✓Jr
ESSEX, SS . SUPERIOR COURT
CIVIL ACTION
NO. 84-1627
McNEIL & ASSOCIATES , INC. , )
Plaintiff )
V. )
JAMES HACKER, SCOTT E. ) JUDGMENT
CHARNAS, EDWARD LUZINSKI , )
ROBERT GAUTHIER, and )
PETER STROUT, as they )
are members of the Board of )
Appeal, of the City of Salem )
Massachusetts ; THE BOARD OF )
APPEAL •OF THE 'CITY OF SALEM, )
MASSACHUSETTS; and THE CITY )
OF SALEM, MASSACHUSETTS, )
Defendants )
This matter came on to be heard and, upon consideration of
the stipulation of the parties, it is hereby ORDERED, ADJUDGED
and DECREED:
(1) ' The decision of the Salem Board of Appeals on the
petition of McNeil & Associates , Inc, for variances for
41 Memorial Drive/27 Essex Street Extension, dated June 21 ,
1984 , is hereby declared null and void and said petition is
heYeby remanded to said Board of Appeals for further
proceedings thereon and consideration thereof;
(2) Plaintiff' s complaint is otherwise dismissed ,
without interest and without costs.
By the Court,
Date : J .
L_
Decesrh-.r 17, 1989 //,7j
f�ecaTmendation of Uamattee lcoyy
adopted as mended by r.c.v. 9-2-0
Immed. Reconsideration - denied
Rurchase and Sale Agreement between
City of Salm and McNeil Associates
for land on Memorial Drive, former
Health Hospital site
Presented to tine Mayor for (ipprovol
APR j\9 1985 » 4
gpProved on _119
i
By
Mayor
In City Council December 17, 1984
Ref. to Carmittee of the Whole, then
to meet with McNeil & Mayor-voted
In City Council March 28, 1985
Planner requests 3 appraisals.of
property -cost to be added to sale
price & Mayor take steps to demolish
building-Can. of whole meet within
2 weeks to review proposals
In City Council April 11, 1985
znnendn-ent - Mayor and Solicitor include
in Order of condition that $125,000.
be earmarked for repairs to streets
and sidewalks in city-voted
Ref. to Cann. Development
In City Council April 25,1985
Amendment-delete item d, page 5, re: 36
moorings-voted r.c.v. 7-4-0
AaTy3ndment-sale price of. $1.5M-defeated
ixtrendment-sale price of $800,OOO.defeated
t by r.c.v. 2-9-0
.Legal Dept. recorded in favor in agreement
as it stands)
IN CITY COUNCIL,
City of Salem, .....
... ./ _ ._...19. �
THE COMMITTEE ON
•, to whom was referred
R
has conside d said matter and would recommend:
c A
"Al ti
zz Lr
fe
FOR THE COMMITTEE,
Cbairman
Ctu of '�5'APm, �Ivassar4usrtts
°�$ ? 4 ��lttnning �uttra
(Our ttlrm Green
July 23, 1985
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
RE: Petition of McNeil & Associates for Variances to construct 36
townhouses at Szetela Lane.
Dear Mr. Hacker:
The Planning Board has reviewed the above—referenced project and
wishes to be recorded as in favor of the proposal. The developer has
preliminarily discussed the proposal with the Board and it is their
opinion the plan is a good use for the parcel.
The Planning Board will be considering this proposal in detail
under the pervue of Cluster, Wetlands, and Site Plan Review special
permit process.
Thank you for the opportunity to comment on this petition.
Sincerely
.yours,
-�Gl.�x.2�,�• �G Ck1 est ` �`
Walter B. Power, III
Chairman
,McNeil&Nsso bi �z,-
I
,o
P.O.BOX 407,420 PROVIDENCE HIGHWAY,WESTWOOD,M.Af.02,0900c
326-5800
June 4 , 1985
Zoning Board of Appeals
One Salem Green
Salem, MA 01970
Reference: Collins Cove Condominiums
Salem, Massachusetts
Dear Members of the Board:
Pursuant to Section IX-E of the City of Salem Zoning
Ordinance, we are submitting the enclosed applications, fees
and exhibits necessary to petition the Zoning Board of Ap-
peals for a variance to develop thirty-six (36) condominiums
in a R-1 district.
As the Board may recall , the City of Salem made a
Public Solicitation for the development of the subject property
in the latter part of 1980. In accordance with the City' s
Guidelines, our firm submitted a proposal for development of
the property to the Salem Planning Department on October 15,
1980.
Each development proposal that was submitted to the
City was evaluated to determine the highest and best use for
the site. On November 27 , 1981, our firm was designated to
develop the subject property. .
On May 23 , 1984 we had a Public Hearing before this
Board in which we requested a variance that would allow the
construction of 36 condominium units, with garages and a
clubhouse with docking facilities. The Board denied our
petitions and we appealed the Board' s decision.
Since that time we have been working with the admin-
istration and the City Council to revise our proposal and
Purchase and Sale Agreement in a manner acceptable to the
Mayor, City Solicitor and City Council. On May 21, 1985 the
Mayor signed a revised Purchase and Sale Agreement, which
had been approved by a City Council vote in excess of two-
thirds.
i
Zoning Board of Appeals -2- June 4 , 1985
As evidenced by the attached correspondence from
City Solicitor, Michael O'Brien, together with the court
order remanding our appeal back to the Zoning Board of
Appeals, it is clear that we can legally come before the
Board at this time.
We are submitting the enclosed application to the
Zoning Board of Appeals in accordance with the aforementioned
Purchase and Sale Agreement.
If you have any questions, please do not hesitate to
contact us.
Very truly yours,
McNEIL ASSOCIA Sr I
Thomas Southworth
Assistant Vice President
TS: lg
Enclosures
McNeil .Associates, Inc.
ao
P.O.BOX 407,420 PROVIDENCE HIGHWAY,WESTWOOD,MA.02090
326-5800
July 1, 1985
Brenda Sumrall ,
Secretary
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
Reference: Collins Cove Condominiums
Dear Brenda:
Enclosed please find our revised check to cover the cost of
advertising the Collins Cove public hearing in the Salem Evening News.
I would appreciate your returning the incorrect check at
your convenience.
Sincerely,
McNEIL & ASSOCIATES, INC.
Thomas Southworth
Assistant Vice President
TS:lam
Enclosure
Received check #289, $56.85, 7/3/85, returned check #909, $53.55, 7/3/85.
Brenda M. Sumrall
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