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155-189 WASHINGTON STREET - ZBA 155- 189 WASHINGTON STREET - - -- , -- - VANN NESS DEVELOPMENT it V a 0F S;`kLEM MA RONAN, SEGAL & HARRINGTON .t'rr?h'S OFFICE ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T RONAN(I=-1987) SALEM,MASSACHUSETTS 019 70-3 4 70 �nOn JA008 S.SEGALMARY U it JUL 2 b A 10: 1 q GEOR E W.A IE HARRINGTON GEORGE W.ATKINS, III TEL(978)744OM OF COUNSEL FAX(978)744-7493 FILE NO JONNN RONAN July 25, 2000 HAND DELIVERY t' t - c City of Salem { c Zoning Board of Appeal One Salem Green 0, Salem, MA 01970 r- rn Re: 155-189 Washington Street _ -+ r Cr Dear Members of the Board: Attached hereto is a copy of your variance decision on the petition of Van Ness Development Corp., regarding the above-referenced property, decided after hearing on September 15, 1999, filed with the City Clerk on September 23, 1999, and recorded with the Essex South District Registry of Deeds on November 18, 1999 on Book 16055 Page 474. In accordance with the provisions of Massachusetts General Laws Chapter 40A Section 10, Van Ness Development Corp., hereby requests a six (6) month extension of the time for exercise of the variances granted in the above-referenced decision. Please assign this administrative matter for consideration of the Board at its meeting on Wednesday, August 23, 2000. Van Ness Development Corp. By7itsey, s, III G WA:cam cc: Mr. Barry Gaw f1Zit of 'Salem, ittss�r lfu $ cE'' �Bottra of ' pPvrz l 19f 'FP 23 ED ! : 1 11'L8 9,-, 1. 3 .. J St75'y�t.�5gion-.ti DECISION OF THE PETITION OF VANN NESS DEVELOPMENT CORP. REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 155-189 WASHINGTON STREET B-5 A hearing on this petition was held September 15, 1999 with the following Board Members present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen Buczko and Richard Dionne. Notice of the hearino was sent to abutters and ethers and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting Variances for use of premises as an Assisted Living Residence, and Variances from minimum lot area per dwelling unit, maximum lot coverage, minimum side yard setback, and parking for the property located at 155-189 Washington Street located in a B-5 zone. 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 structures involved and which are not generally affecting other lands, buildings and structures involve. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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, represented by George Atkins, Esq. Seeks dimensional variances and a use variance to construct an 80 unit Assisted Living Center combined with 15,000 sq. ft. of retail store space in downtown Salem. The proposed six—story structure will extend from New Derby to Front Street, utilizing the land under the old Salem Evening New building and printing plant, which is slated for demolition. 2. The site presents several unusual physical features relating t its location at this intersection. First is the necessity of taking down the existing structure without damaging the adjacent newspaper editorial offices, which will remain. DECISION OF THE PETITION OF VAN NESS DEVELOPMENT CORP REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 155-189 WASHINGTON STREET B-5 page two Underlying the former newspaper plant lies a maze of power lines, water lines and other municipal facilities. The underground engineering affects the placement of the structure, which is slated to have an underground parking garage serving a minimum of 40 cars. 3. Because the site is at the center of the downtown business district, it must meet the standards for review set by the Salem Redevelopment Authority (SRA). Residential developments are favored uses in the downtown under the City of Salem 's Master Plan because of the revitalizing effect they have on downtown businesses. 4. Although the Zoning Ordinance is silent as to whether the proposed use is a permitted use in the B-5 district, the enumerated uses in the district are analogous ones. Both nursing homes and multi-family dwelling are allowed uses, and the proposed assisted living facility is not dissimilar in its function to those, although it is not entirely the same as either one. 5. Vann Ness Development presented architectural renderings and a verbal summary of the main features of the planned building by the architect who was responsible for the plan. Mike Abend of Abend Associates presented the results of a traffic study reflecting few additional trips to the site resulting from the proposal. The estimated number of employees and visitors to the center each shift was charter, and estimates for the number of cars expected to be parking in the facility's garage were presented. 6. The specific variances requested, in addition to the use variance, were as follows: (a) Side yard setback of no feet (o'); (b) maximum lot coverage greater than 50%; (c) minimum lot area per dwelling unit less than 500s.f. and (d) on site parking of no less than 40 vehicles, to be located in an undergound level of the proposed structure. I BK 16055 PG 476 DECISION OF THE PETITION OF VAN NESS DEVELOPMENT CORP. REQUESTING VARIANCES FOR THE PROPERTY LOCATED AT 155-189 WASHINGTON STREET B-5 page three On the basis of the above findings of fact, and on, the presented at the hearing, the Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested, subject to the following condition; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. Petitioner is to obtain a Certificate of Occupancy. 7. Petitioner is to obtain a Certificate of Inspection. 8. Petitioner shall obtain proper street numbering for the City Assessors Office and shall display said number so as to visible from the street. 9. Petitioner is to obtain approval from any City Board or Commission having Jurisdiction including, but not limited to, the SRA, Planning Board or Historical Commission. Variance Granted September 15, 1999 ac may, Nina Cohen, Chairman Board of Appeal DECISION OF THE PETITION OF VAN NESS DEVELOPMENT CORP REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 155- 189 WASHINGTON STREET B-5 page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shalI pursuant to Section 17 of the be made 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 certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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 O C T 15 1999 � 1 hereby certify that 20 days have expired from the ;late this instrument was received, and that P;C APPEAL has been filed in this office. /J A True ATTEST_CITY CLERK, Salem, Masi.