155-189 WASHINGTON STREET - ZBA (4) ' 155-189 WASHINGTON STREET
SIMSBURY ASSOCIATES
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CITY OF SALEM. MASS
CLI RK'S OFFICF
DECISION ON THE PETITION OF SIMSBURY ASSOCIATES REQUESTING A SPECIAL
PERMIT & VARIANCE FOR THE PROPERTY LOCATED AT 155-189 WASHINGTON
STREET (B-5)
A hearing on this petition was held September 16, 1998 with the
following Board Members were present: Nina Cohen, Michael Ward,
Stephen Buczko, Ronald Harrison and Richard Dionne. 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.
At the request of the petitioners Attorney, George Atkins, the Salem
Board of Appeal voted 5-0, to grant leave to withdraw this petition
without prejudice for a Special Permit to allow for a Change of Use
for assisted living and a Variance to allow for 100% lot coverage and
side yard setbacks for the property located at 155-189 Washington St.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
September 16, 1998
Nina Cohen, Chariman
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
0 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
DATE OF HEARING —6 Ap
c
PETITIONER
LOCATION
MOTION: TO GRANT SECO40 AMENDMENT SECOND
TO DENY SECOND
TO RE—HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT ENY AMEND WITHDRAW RE—HEAR CONTINUE
NINA V. COHEN-—
MICHAEL WARD
RONALD HARRISON
STEPHEN BUCZKO
RICHARD DIONNE
ASSOCi%TE MEMBERS
?.AUL VALASKATGIS
CONDITIONS:
1
J,,,• m `s.� APPEAL CASE NO. . . . . . . . . . . . . .
x
i.4 s �If 1 of 'V5ttlPm, �IS��ItllusP#ts
puarb of (AAr
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: .155..189. .Washington. . . . . . .Street; Zoning District. . BS . . . . . . . . . . .. . . . :
and said parcel is affected by Section(s).To .]�Q. petermined. , of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
See Attached
G' O CLAP
CD
ori o.
X
T*iD
r _
The Application for Permit was denied by the Inspector of Buildings for the following
reason(s) :
Direct Appeal
The Undersigned hereby petitions the Board of Appeal 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 derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
See Attached
Owner. .155 Washington. St,Ltd ,Partns
e%o The Meg Companies
Address25' DYChard 'Dt VH . . . . .. .. . . " "
�pndonderr NH 03053
Telepho . . . . . . . . . .Xt . . . . . . .. . . .. .. . . . . .
(603 ) •434-6700
Simsbur Associates
Pet itioner. . .. . . . .. .Y. . . . . . . . . . . . .
Address. . 41 _Warren. Av@& , 13oHt9Ar..Md.
Date. . . . . JulY 23t 1998. Telephone. .(63.7.). .542,2711. . . . . . .. . . . . .
By. .CherYae.PDtter. . . . . . . . . . . .. . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $. . . . . . . . . . . . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
w
r
NO
PETITION TO BOARD OF APPEALS
LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. . . . . . . . . . . . . ( )
DENIED. . . . . . . . . . . . . ( )
Date . . . . . . . . . . . . . . . . . . . . . 19 . . . . .
l
r
sinisb!try
Associates, Inc.
July 23, 1998
Salem Board of Appeal
One Salem Green
Salem, MA 01970
RE: Salem Evening News Building Proposal
TO: Salem Board of Appeal
Simsbury Associates is proposing the construction of a six story structure containing
approximately 15,000 square feet of Retail space on the ground floor and approximately 50,000
square feet of Assisted Living (80 units) on the remaining five floors. A one-level underground
parking facility accommodating approximately cars with the entrance from New Derby Street
is also proposed for the project.
Simsbury Associates hereby petitions the Board of Appeal to grant a Special Permit to allow for
a use of Assisted Living in accordance with Art V, 5-2 (g) Permitted Uses for B-5 Districts.
We also ask that the Board grant a Variance to allow for up to 100% Lot Coverage in accordance
with Art. VI, 6-4 of the Salem Zoning Ordinance.
We submit a Direct Appeal to the Board after having reviewed the Zoning Ordinance to the best
of our ability.
Si erely,
Cheryle otter
Simsbury Associates
Attached
41 Warren Avenue, Boston, Mass. 02116 (617)542-2711 jaX,1(6,1,7�A331 &0,7,M
APPEAL CASE NO. . . . . . . . . . . . . .
34 T Iifu IIfaIPTIt' �IS��IL�iIISPffB
9
n2Ir�1 Df peal
TO THE BOARD OF APPEAL:
The Undersigned represent that he/she is/are the owners of a certain parcel of land
located at: .155.-.189. .Washington. . . . . . .Street; Zoning District. . P.r .. . . . . . . . . .. .. . :
and said parcel is affected by Section(s).T0 .14e.peterVdj1eC1. . of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
See Attached r,
21�'P
Uj
W
C?
The Application for Permit was denied by the Inspector of Buildings for the following
rea'son(s) :
Direct Appeal
The Undersigned hereby petitions the Board of Appeal 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 derogating
from the intent and purpose of the Zoning Ordinance and Building Code for the follow-
ing reasons:
See Attached
Owner..!55. Washington. St,Ltd _Partns
C/o The Meg Companies
Address5' VYchard 'DfYVd " " " "" " " '
Telepho�@ndonderrX E . NH .03053. . , _ _ _ _ .
( 603 ) 434-6700
Simsbur Associates_ _ .. , ,
Petitioner. . . . . . . . . . Y.. . . .
" $ Address. . 41 .Warren_ Aver _ )3ogtQP,. .Na.
Date. . . . . July 23t 1998 Telephone. .(61.7.). .542,2711. . . . . .. . . . . . .
By. .Qbery le .Pntter. . . . . . . . . . . .. . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of Appeal
with a check, for advertising in the amount of $. .. . . . . . . . . . . four weeks prior to the
meeting of the Board of Appeal, Check payable to the Salem Evening News.
NO. . . . . . . . . . . . . . . . . . . i
PETITION TO BOARD OF APPEALS
LOCATION
. . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . . . . . . . . . . . . . . . .
Address . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
CONDITIONS
. . . . . . . . . . I
. . . . . . . . . . . . . . . . . . . . . .
PETITION APPROVED. , )
DENIED. . . . . . . . . . . . . ( )
Date: . . . . . . . . . . . . . . . . . . . 19 . . . . .
ARCHITECT
ENGINEER
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