191-211 WASHINGTON STREET - ZBA (2) I 191 -211 Washington St. B-51 _ --
1 Nondas Lagonakis
JAN 26 8 22 A '83
(gifts of �alrm, C46ttssar4usel�u
;; •,,`,:��, i 5 poar$ Df CAVPral GITT
DECISION ON THE PETITION OF MINOAN REALTY TRUST FOR MODIFICATION
AND EXTENSION OF VARIANCES AT 191-211 WASHINGTON STREET AND 29
NEW DERBY STREET (B-5 )
A hearing on this petition was held on January 11, 1989 with the
following Board Members present: James Fleming, Chairman,
Messrs. Nutting, Luzinski, Bencal and Labracque . 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 the provisions of Massachusetts General Laws_ ,
Chapter 40A.
The petitioners were represented by Attorney William F. Quinn.
Mr. Quinn reviewed the permitting history of the proposed
project with the Board. On June 15, 1988, the Board of Appaals
granted variances as to set-back, lot-coverage and parking
design which the owner requested to accommodate the development
of a three-story commercial structure on this site, with some
on-site parking for the first-floor tenant, Walgreen Eastern
Co. , Inc . Mr. Quinn now advises the Board that market
conditions are unfavorable, preventing the owner from presently
obtaining adequate mortgage financing for the whole
development. Mr . Quinn indicated that Walgreen' s is a
nationally recognized company and has signed. a twenty-year lease
for the first floor of the development provided that Walgreen' s
can open for business at the site by September of 1989 .
Financing is available for a one-story structure to accommodate
Walgreens on the site. Mr . Quinn. stated that the owners are
still committed to the overall project, and intend to complete
it when market conditions allow this to be financed. The owner
will prepare and file with the Building Inspector plans for the
overall three-story structure, with the foundation and first
floor enqineered to accommodate the second and third floor
additions .
The DroDerty is located in a B-5 (Central Business ) Zoning
District. The specific relief sought by the applicant is
two--fold:
First, that the original variance decision be modified to allow
the development to be constructed in two phases, with the ground
floor to be constructed, completed and occupied as the first
phase, and the second and third floors to be cons taaw rm Vrfrn�,D AD
completed and occupied subsequently as the second
revised plans submitted to the Board,. and $5 ;�tsi i �„ ,, DOM
YJA • TE
Second, that the original variances, as modified, be extended
until September 1.3 , 1989, pursuant to Chapter 40, SectiF,filf
MODIFICATION AND EXTENSION OF
191-211 WASHINGTON STREET AND 29 NEW DERBY STREET
Page 2
No one appeared or spoke in opposition to the application at the
public hearing. '
The Modification and Extension of the original variances may be
granted by the Board pursuant to Chapter 40A Section 10, and
upon a finding of the Board that:
a. special conditions and circumstances exist which
especially affect the land, building or structure
involved and which do not generally affect other
lands, buildings and structures in the same district;
b. a literal enforcement of the provisions of the
Ordinance would involve substantial hardship,
financial or otherwise to the 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.
Based upon the materials and presentation made to it, the Board
found that the facts, the special conditions and the conclusions
recited in the original Board Decision granted on June 15, 1988
still exist, that the extension and modification can be granted
without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or
purpose of the Zoning Ordinance, and that the development of
each phase of the project will significantly contribute to the
economic redevelopment and improvement of this area of downtown
Salem.
Therefore, the Board voted unanimously to grant the relief
requested for an extension of the original variance decision
until September 13 , 1989, and to modify the original decision to
allow the development to be constructed in two phases, in
conformity with the plans submitted to the Board, and subject to
the following conditions:
1 . that all of the six enumerated conditions recited in the
original June 15, 1988 Decision continue and are
incorporated herein:
a. that the petitioner obtain a Site Plan Permit from the
Planning Board, a building permit and all other
required permits;
b. that the structure comply with all pertinent fire
codes and regulations;
C . and that a Certificate of Occupancy is issued;
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MODIFICATION AND EXTENSION OF
191-211 WASHINGTON STREET AND 29 NEW DERBY STREET
Page 3
d. that the structure be built as per the plot plan
submitted to the Board of Appeals;
e. that the petitioner provide sixteen ( 16) on site
parking spaces, as per the parking plan submitted to
the Board of Appeals; and
f. that proper street numbering for the structure be
obtained from the Assessor' s Office, City of Salem.
2 , that the final design of the development shall be pursuant
to design review approval by the Salem Redevelopment
Authority; and
3 , that construction activities be conducted only during hours
allowed by municipal ordinance, and in accordance with all
conditions adopted by the Salem Planning Board.
EXTENSION AND MODIFICATION GRANTED.
/James Fleming, Chairman
A copy of this Decision has been filed with the Planning Board
and the City Clerk.
APPEAL FRO..M THIS DECISION. IF ANY. SMALL BE LIAOE PURSUANT TO SECTIC`! 17 CF PEE —
i;EPAL LA S. C''.APTER 508. AND SHALL BE FILED ''V:TH1tI 20 DAYS AFTER LiiE CA?C
OF Th IS DECISION I:1 THE OFFICE OF THE CIr( CLERK.
PJRfANT TO SASS. GENERAL LAGS. CHAPTER 998. S:CT!ON 11. THE VARIANCE ^R =CI,'L
E7 HE6 Ei 1. SHALL iLT T�:SE EFFECT Ui:ill A COPY C.' THE DECISION. BL:n i. T;_ '
t,CAT.:R OF THE C:-.Y CLEF:, ih; SO DAYS HA:E ELAPSED ANO NO APPEAL HAS 81°N
OR TH _. '= SJC:; A7 APPE?L P.AS BE-N FILE. TH,T IT HAS DEEN DGt7ISiED CR LEI:!ci d
P.ECCRDED IN TkiE S)UTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE N:,L1E G '.E O,; '
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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