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191-211 WASHINGTON STREET - ZBA 191-211 Washington/29 New Derby Sts. g_5 Mineon Realty Trust Nondas Lagonakis, Tr. v 1�� �J L Ctg of *Ivnt, fflttssar4useftsAv ifi ° 9 poxrb of cAppud MY DECISION ON THE PETITION OF MINOAN REALTY TRUST FOR VARIANCES AT 191-211 WASHINGTON STREET AND 29 NEW DERBY STREET (B-5) A hearing on this petition was held on June 15, 1988 with the following Board Members present: James Fleming, Chairman, Messrs. Nutting, Strout, Luzinski, and Labracque. Notices 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, represented by Attorney William F. Quinn, are requesting certain variances from the provisions of the Zoning Ordinance in order to allow the construction of a three story building on the vacant site at 29 New Derby Street consisting of approximately 38,400 square feet. The new structure will be connected to an adjacent existing structure also owned by the petitioner located at 191-211 Washington Street by a glazed roof, creating a courtyard between the buildings. The intended use of the new building will be mixed office/retail. The property is located in a B-5 (Central Business) Zoning District. Variances are requested from Section VI, Table III of the Ordinance to allow coverage of the lot at 29 New Derby Street in excess of the 50% coverage permitted in the District and to allow a side yard setback of less than the required 5 feet for both lots in order to construct the canopy roof between buildings. In addition, variances are requested from Section VII to permit a parking area to be located within (2) feet of the street line and to allow parking to be designed in such a way that it will be necessary for cars to back into Dodge Street Court, a public way. 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 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 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. The Board of Appeals, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . The City of Salem Planning Department, the City Councillor for the ward in which the project is to be located and the Salem Redevelopment Authority all indicated support for the project. 2. The project will rehabilitate a long site and will provide an important link between downtown areas. DECISION ON THE PETITION OF MINOAN REALTY TRUST FOR VARIANCES AT 191-211 WASHINGTON STREET AND 29 NEW DERBY STREET (B-5) SALEM Page Two 3. A Community Development Action Grant has been awarded to the City in connection with the development of this property which will result in substantial improvement to the character of the surrounding area. 4. Commercial development of the locus is preferable to residential development. 5. The petitioner has entered into a lease with a national drug store chain, which will result in the creation of a significant number of new jobs for the downtown area. On the basis of the above findings of fact, and on the evidence presented, the Board of Apeals concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district generally. These special conditions include the fact that the site is surrounded by public streets on all sides except where it abuts the adjacent building; that the area has been depressed and underutilized and that this parcel represents the key to successful economic development in this area of the downtown. 2. A literal enforcement of the provisions of the Ordinance would involve substantial hardship to the petitioner in that complete conformity with these provisions would in effect prevent any development of the site due to the location and size of the adjacent building. 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, because it would serve to improve significantly the visual appearance of the area and would encourage the uses anticipated in the Zoning District for uses which are contemplated by Industrial District Zoning. Therefore, the Zoning Board of Appeals voted, 5-0, to grant the requested Variance, so as to allow the construction of the new structure. The Variances are granted subject to the following conditions: 1 . that the petitioner obtain a Site Plan Permit from the Planning Board, a building permit and all other required permits: 2. that the structure comply with all pertinent fire codes and regulations; 3. and that a Certificate of Occupancy is issued. 4. that the structure be built as per the plot plan submitted to the Board of Appeals 5. that the petitioner provide sixteen ( 16) on site parking spaces, as per the parking plan submitted to the Board of Appeals 6. that proper street numbering for the structure be obtained from the DECISION ON THE PETITION OF MINOAN REALTY TRUST FOR VARIANCES AT 191-211 WASHINGTON STREET AND 29 NEW DERBY STREET (B-5) SALEM Page Three Assessors' Office, City of Salem. VARIANCES GRANTED James M. Fleming, ESq, Chairman, Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANING BOARD AND THE CITY CLERK APPE4L FRDA1 THIS DECISIDN 1F 4NY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE ^.. GENERAL LA:%S `.';FT_' S_d. Sh'L_ c'_ ; -E: 'W—H'H CO DAIS AFTER NE DA',E OF Fd C; T� S :_C'E I'; .4: C ° c LL ERK T 11 THE OF RG,MO OR IS R---LDED i„J Le� b1,nER S -RTIFICAic OF TITLE, BOARD OF APPEAL t ExI�5 T Q6 Q,4,5NlQ&Tc^�N + + PSGPc>�l�C.> 05,1 G-L4 Gdl1 �4 'b r 2ZVA C � r 9 r TTT�P l ",b ; �- �� ._,. .. i_.. _'\•�' �-y•..�.......-,._ .-_.-.-..t, _ ...�. __..._.._'s—..cam- -... . _. ...1,_.-� "" � I � P 6- POISED Ll .... L � �� � l� W � -1-,�_�� B. M. TOP HYD. SPINDLE ELEV. = 16.57 9� �4 ✓y✓ b L4Nr o.i47 6 e N \ ® ©.ur LEGEND Ln w I , 1 � r 46. 6 C 4 `" ®a r E SALEM ELECTRIC MANHOLE Q B a o� k Y w F SEWER MANHOLE m A` D / �`-// DRAIN MANHOLE pPROXI,MAT` �LC w �� �FArv, , v ^ ` F LO �- 6v TELEPHONE MANHOLE 0 M P / C aq S` R Q SONS CATCH BASIN CON _ *" b STREET LIGHT y OV T k A GAS GATE ® aro 8@38 , 3+sb ✓�,`a \ E WATER GATE � Ow.r__ /' s , ` " CHAIN LINK FENCEro --• x CENTERLINE OF PAVEMENT -- ` PARKING METER 12.00`' 95.63 , fteLoc.g7ea G` r�A e� �s /�vDe +✓> WATER METER 0 w.M. z Z4< 73.00 N � �29 NO PARKING SIGN o '�v.;- / 5 4 �Pwv / A,¢ 4( ' -° PROPOS E D ELECTRIC LINE E LOT A ^ ".• -`. 5� / 2 W��. PROPOSED SEWER LINE s � �. � _ .�/ 3 STORY 15 150± S. F. ^'+" ' // �; y SIDEWALK a DRAIN LINE D `e a: / BUILDING :a d I I EASEMENT 3 ,. TELEPHONE LINE T o J w t'ra , ;� �"/ PROPERTY LINE 4 as+ FIRST FLOOR EL. 14. 5 � ! V VO E e• 4. / 53I �` I e z 4^ E ° ��` /j %// / / /� / q SPOT ELEVATION 5 /4X � „� {I / L B Q /+/ hl w LOT GAS LINE G J 1 iti 0 Iv 2OO : J.F�� I H w 6 PROPOSED GRADE v TOTAL FLOOR AREA 36,000 S.F. E /N / 7✓ Y - / '� S Iw j �6 o I, / �ttL Q � RIELQCATE NOTES i Q �r®� ai. , / LEI W �,� lZ 8 POLE h `1 N 0 a w r I. PARKING, BUILDINC LOCATION AND PROPOSED ALTERATION n + g 9 of u g TO DODGE STREET COURT BY SCAGLIOTTI ASSOC. , INC . Ex/5T�/✓4 �� , ��+ t0 I , , 2. H.U. D. FLOOD PLAIN ELEV. 15.4. PROPOSED BUILDING TO T `V Q. W Q Y /�� 10 W HAVE NECESSARY FLOOD - PROOFING AS PER CITY BUILDING W ,C n , Bt//Gv//✓G i ' / ' ` I+I II s A MINOAN CODE FOR CONSTRUCTION IN FLOOD HAZARD AREA . u �, r^ �--iv U i. � VI ot REALTY ' ti r^ � U cs3a� °ham_ , CL a,�� TRUST 3. THIS PLAN IS FOR PERMITTING AND CONCEPTUAL PURPOSES (L 12 q '" aiu ONLY AND IS NOT TO BE USED AS A CONSTRUCTION DRAWING. 4, PROPOSED PARKING SPACES 9 x 20 . 4 14 5. PROPOSED BUILDING TO CONNECT TO EXISTING UTILITIES LAJ ON NEW DERBY STREET . '15 t ON I w zao 5 67•S' l PROPOSED 7_5v5 t N.G ' SIDEWALK 71:3;05 C AR � A n `�. w.al• • D i I r I _J c '=/ .L PROPOSED EASEMENT w--J���❑w.c. R' v.G W.0. w _ G 4 1v�-r . .z �`�a �/-�J�(/�J�/�� �/��__/ram c. /a o4 N - - -z-�- .�' - `^' w ✓ V �/ V L T• w �'�--- � D ' I' - /3.91� � TVE Ow.&. m cam v�✓�wc✓r � 4.a7 "-$ l�t .s '`b�. B.M. LEFT OUTER CORNER OF THE L I �s/s.aa y STONE STEP ABOUT 0.50 PROPOSED B.M. � „ 5 V � �_ e � e-se fin_ ABOVE SIDEWALK EL. = 15.255 VTOP SPINDLE a I 7 T MINOAN REALTY TRUST I I CITY OF SALEM BASE . HYDRANT /ELEV.= 16.57 RESTAURANT URANT MIG MEXICAN SITE PLAN OF LAND I w � I Iw i 5 G ( FORMERLY. � I S) SALEM , MASSACHUSETTS I PREPARED FOR : MIN0,4N REALTY TR. Of SCALE : I = 20' DAATTEE MAY 17 , 1988 �P REVISED MAY 24,1988 NO ` REVISED: MAY 27, 1988 �GISIE ' uiD CARTER a TOWERS ENGINEERING CORP. NOTE: THE LOCATION Of EXISTINGOTILIVES ARE A&RUXIMAT� 6 FAIRVIEW AVENUE AND BASED ON THE BEST INFUrcMATION AVAILABLE. TWERE MAY a ADDITIONAL UTILITIES NOT SHOWN ON THIS PLAN. THE CONTRACTOR SWAM PSCOTT , MASS. 01907 SHOULD COORDINATE WITH ALL UTILITY COMPANIES TO DETERMINE THE EXISTENCE AND EXACT LOCATION OF.ALL UCLITIES PRIOR TO GRAPHIC SCALE EXCAVATION. D 10 20 30 40 60 80 /SY6g(i v7Js,'