162 FEDERAL STREET EXTENSION - ZBA 62 ��� s�'--e�� - ��S�or�
,/ _ _
ZBA ACTION FORM
BOARDi1VIEIvIBERS EMOTION ;SECOND" T OTE„
Date: 1 /1-1/iii Rebecca Curran (Chair)
Richard Dionne
Petitioner: Geaqcc�2 k Mike Duff
Annie Harris
Address: Tom Watkins
59 Fe.sa�_r-aA Sa-Vie-""% David Eppley Alt.
Jimmy Tsitsinos Alt.
pelor (�e(aS Total:
Conditions: Seco-
El Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
❑ All construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
❑ All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
❑ Petitioner shall obtain a building permit prior to beginning any construction.
❑ Exterior finishes of the new construction shall be in harmony with the existing structure.
❑ A Certificate of Occupancy is to be obtained.
❑ A Certificate of Inspection is to be obtained.
❑ Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
❑ Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not
limited to, the Planning Board.
❑ Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an
extent of more than fifty percent(50%) of its floor area or more than fifty percent(50%) of its replacement
cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty
percent(50%)of its replacement cost or more than fifty percent(50%)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
� \ CITY OF SALEM MASSACHUSETTS
�
Sol' it BOARD OF APPEAL
CT -2 A0 13
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE #
MAYOR CITY CLERK, SALEM, MASS.
October 1st,2014- Correction to September 301b,2014I.etter
To Renewal Ventures,LLC ,
c/o George W.Atkins III
Ronan,Segal&Harrington
59 Federal Street
Salem,MA 01970
Re: CORRECTED 162 Federal Street Decision of the Zoning Board of Appeals to grant a request for a six(6)
month extension for exercise of the rights granted by the September 281h,2009 Board Decision that
approved Variances from minimum lot area per dwelling unit,and Special Permits to change one
nonconforming use to another and to increase existing side yard setback nonconformity,to
accommodate conversion of an office building to eight(8) residential units.
The Salem Zoning Board of Appeals met on Wednesday,September 17,2014 to discuss your request for the
approval of a six (6)month extension to exercise rights granted by the September 28th,2009 Board Decision
that approved Variances from minimum lot area per dwelling unit,and Special permits to change one
nonconforming use to another and to increase existing side year setback nonconformity, to accommodate
conversion of an office building to eight(8)residential units.
A letter submitted by Attorney Atkins,dated September 3�d,2014, on behalf of Renewal Ventures LLC
requests a six(6) month extension to exercise the rights granted by the Zoning Board of Appeals Decision on
September 28th,2009. The Decision was appealed to the Superior Court and an Agreement for Judgment
amending the Decision was entered on September 5th,2012.The Decision qualified under the Massachusetts
Permit Extension Act and was automatically extended to September 28,2014.Renewal Ventures LLC has
entered into an Assignment Agreement with the original petitioner whose counsel has submitted a letter of
consent. In addition,a letter has been submitted by counsel for the Superior Court Plaintiffs approving the,
assignment to Renewal Ventures LLC.
The Assignee of the rights granted by the Variance/Special Permit decision dated September 28, 2009 is
Renewal Ventures,LLC.
The requested six-month extension would commence on September 28th,2014,which is the expiration date
of the current Decision.The requested extension would expire on March 28th,2015.
The Zoning Board of Appeals voted four (4) in favor(Ms. Curran,Mr. Dionne,Mr. Copelas and Mr.
Tsitsmos) and none (0) opposed, to grant the approval of the six-month extension request to exercise the
rights granted by the September 28th,2009 Board Decision.This determination shall become part of the
record for this project.
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of
Planning&Community Development at(978) 619-5685
Thank you,
Rebecca Curran
ZBA Chair CC: Cheryl LaPointe, City Clerk
CITY OF SALEM, MASSACHUSETTS
s, BOARD OF APPEAL
120 WASHINGTON STREET* SALEM
MASSACHUSETTS 01970
KIMBERLEY DRiscou TELE:978-745-9595 FAX:978-740-9846
MAYOR
October 1st,2014
w ti
To Renewal Ventures,LLC cn
c/o George W.Atkins III m ryrl
Ronan,Segal&Harrington x T o
59 Federal Street Nm O
Salem,MA 01970 r-
m
3
3
Re: 162 Federal Street Decision of the Zoning Board of Appeals to grant a request to"six(month
extension for exercise of the rights granted by the September 28w,2009 Board 6ecision that approved
Variances from minimum lot area per dwelling unit,and Special Permits to change one nonconforming
use to another and to increase existing side yard setback nonconformity,to accommodate conversion of
an office building to eight(8) residential units.
The Salem Planning Board met on Wednesday,September 17,2014 to discuss your request for the approval
of a six (6) month extension to exercise rights granted by the September 28th,2009 Board Decision that
approved Variances from minimum lot area per dwelling unit, and Special permits to change one
nonconforming use to another and to increase existing side year setback nonconformity, to accommodate
conversion of an office building to eight(8)residential units.
A letter submitted by Attorney Atkins,dated September 3�d,2014,on behalf of Renewal Ventures LLC
requests a six (6)month extension to exercise the rights granted by the Zoning Board of Appeals Decision on
September 28th,2009. The Decision was appealed to the Superior Court and an Agreement for Judgment
amending the Decision was entered on September 51h,2012.The Decision qualified under the Massachusetts
Permit Extension Act and was automatically extended to September 28,2014.The Assignee of the rights
granted by the Variance/Special Permit decision dated September 28,2009 is Renewal Ventures,LLC.
The requested six-month extension would commence on September 28th,2014,which is the expiration date
of the current Decision. The requested extension would expire on March 28th,2015.
The Zoning Board of Appeals voted four(4) in favor(Ms. Curran,Mr.Dionne,Mr. Copelas and Mr.
Tsitsinos) and none (0) opposed, to grant the approval of the six-month extension request to exercise the
rights granted by the September 28th,2009 Board Decision.This determination shall become part of the
record for this project.
If you require further information,please contact Erin Schaeffer,Staff Planner,in the Department of
Planning& Community Development at(978)'619-5685
Thank you,Q
Erin Schaeffer
Staff Planner
CC: Cheryl LaPointe, City Clerk
RONAN, SEGAL & HARRINGTO E FIVE®
ATTORNEYS AT LAW
FIFTY-NINE FEDERAL STREET ll.. .
JAMES i RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 C: 0 3 2 J E 1
JACOB S.SEGAL -'
MARY PIEMONTE HARRINGTON
GEORGE W.ATKINS,III �+,C�-i. V°131 ^;^;MING&
GREGORY R.RICHARD
TEL(978)744-0350 iY-GEVELOPNIENT
OF COUNSEL FAX(978)744-7493 FILE NO R692.6
JOHNH.RONAN -
MICHAEL J.ESCHELBACHER '
Hand Delivered September 3, 2014
City of Salem
Zoning Board of Appeals o
120 Washington Street, 3rd Floor C H
Salem, MA 01970 A o
Attn: Dana Menon `"'
D
Re: 162 Federal Street, Salem 3
3
D
Members of the Board:
N
In accordance with Massachusetts General Laws Ch. 40A, Section 10, Renewal Ventures,
LLC, the Assignee of rights granted by the Variance/Special Permit Decision dated September
28, 2009 (the "Decision") hereby requests a six month extension for exercise of the rights granted
by the Decision.
The Decision was appealed to the Superior Court and an Agreement for Judgment amending
the Decision was entered on September 5, 2012. The Decision also qualified under the
Massachusetts Permit Extension Act as amended and was automatically extended to September
28, 2014.
Sale of the property to Renewal Ventures, LLC and exercise of the rights in accordance with
the Decision is expected during the requested extension period.
Attached for your review are copies of the following documents:
1. Original Petitioner's Letter of Authority
2. Decision
I Superior Court Judgment
4. Letter of Attorney for appealing parties consenting to assignment of the Decision rights to
Renewal Ventures LLC.
Please assign this request to the Board's meeting of September 17, 2014.
Very truly yours,
Renewal Ventures, LLC
s Attorn
ge W. Atkins, III
GWA/dap
k
TINTI, QUINN, GROVER & FREY, P.C.
27 CONGRESS STREET,SUITE 414
WILLIAM J.T[NTI
SALEM,MASSACHUSETTS 01970
[inti@tintilasv.com WILLIAM IL ARDIFF(1965.1995)
WILLIAM F.QUINN TELEPHONE
WilliamFQuinn@aol.com (978)7458065 • (978)744,2948 MARCIA MULFORD CINI
OF COUNSEL
SCOTT M.GROVER TELECOPIER
JOHN D.KEENAN
smgrover@tintilaw.com
(978)7453369 OF COUNSEL
MARC P.FREY www.cin[ilaw.com
mpfrey@tintilaw.com JERALD A.OF COUNSEL
PARI
LLA
JONATHAN M.OFILOS
jofilos@tintilaw.com
- THOMAS J.HOGAN
tjhogan@tincilaw.com
MARCY D.HAUBER
mhauber@tintilaw.com
September 2, 2014
George W. Atkins III
Ronan, Segal &Harrington
59 Federal Street
Salem,MA 01970
RE: 162 Federal Street, Salem, MA
Dear George,
This office and the undersigned represent William Wharff, who is the holder of certain
Variances and Special Permits issued by the City of Salem Zoning Board of Appeals and
Planning Board relating to the premises at 162 Federal Street, Salem,Massachusetts. These
permits and approvals are the subject of an Assignment Agreement between Mr. Wharff and
Renewal Ventures, LLC. At your request,I am writing to consent to the request by Renewal
Ventures, LLC to the Zoning Board and Planning Board to extend the term of the Variances and
Special Permits.
Please let me know if there is anything further you will require.
Thank y
colt o er, Esq.
r
. ONDITAA CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
�+
FAX: 978-740-9846
KIMBERLEY DRISCOLL ZDO9 SEP 30 A 8: Oq
MAYOR
CITY
September 28,2009
Decision
City of Salem Zoning Board of Appeals
Petition of WILLIAM WHARFF seeking Variances from minimum lot area per
dwelling unit, and Special Permits to change one nonconforming use to another and
to increase existing side yard setback nonconformity, to accommodate conversion of
an office building toe 9 residential condominium units,on the property located
at 162 FEDERAL STREET, Salem,MA,in the Residential Two-Family Zoning
District(R2).
Petitioner seeks Variances pursuant to the Salem Zoning Ordinance,§64,Table I:
Residential Density Regulations (recodified on September 10,2009 as §4.1.1:Table of
Dimensional Requirements). Petitioner also seeks Special Permits pursuant to§5-30),
Extension of Nonconfomrity(recodified on September 10,2009 as §3.3.3,Nonconforming
Structures),and §8-6,Board of Appeals,Granting Special Permits (recodified on September
10,2009 as §9.4,Special Pemuts).
Statements of fact:
1. Attorney Scott Grover represented the petitioner,William Wharff, who has the
property under agreement subject to his ability to convert it to a residential use. The
property is owned by Health&Education Services,Inc.
2. In a petition dated March 25,2009,the petitioner requested a Variance and Special
Pemrrts to convert the existing office budding to nine (9) residential units.
3. A public hearing on the above mentioned Petition was opened on April 15,2009,
pursuant to Mass General Law Cdr.40A,§I1.
4. At the April 15, 2009 meeting,Attorney Grover stated that a leaking oil tank exists
on the property,and cleanup would be expensive; he also stated that the property is
currently being remediated
5. In a statement submitted with the application,Attorney Grover also noted that the
building at 162 Federal Street is substantially larger than any other residential
structure in the area;that conversion of it from a commercial to residential use
would require a complete reconstruction of the interior of the building; and that such
conversion would be costly enough to require a certain level of density to support
costs of rehabilitation.
2
6. At the April 15,2009 meeting,Attomey John Garr,7 River Street,representing the
Federal Street Neighborhood Association,opposed the project,citing concerns
about density,and stating that the change in use from a mental health center with
daily business hours to a residential budding would increase the intensity of use.
7. At the April 15,2009 meeting,other residents spoke in opposition to the project,
citing similar concerns about density,intensity of use,and the fact that the
developer's proposal appeared to have measured the square footage of living space
differently from the City Assessor's office.
8. At the April 15,2009 meeting,Ward 2 Councillor Michael Sosnowski, 17 Collins
Street,spoke in opposition to the project at its current density,stating that units of
the size proposed would not be in keeping with the character with the
neighborhood.
9. At the April 15,2009 meeting,Board members expressed concerns about the
density,the amount of space available for parking,and whether the proposed use
would be less intense than the current use. p
10. The hearing was continued to August 19,2009. At the August 19,2009 meeting,
Attorney Grover stated that in response to meetings with the neighbors,the plans
had been revised to show a reduction from nine (9) proposed units to eight(8),an
increase in the proposed parking spaces from fifteen(15) to eighteen (18),and
additional green space. Approximately 10,000 square feet of additional land area was
also shown on the plan,the result of an agreement with the Archdiocese of Boston
o acquire part of their property at 150 Federal Street.
11. At the August 19,2009 meeting,Attorney Grover stated that the relief now
requested was for lot area per dwelling unit of 3,200 square feet,rather than the
originally requested 1,166 square feet per dwelling unit,and that this was the only
dimensional relief needed,as the previously proposed side entrance had been
eliminated.
12. At the August 19,2009 meeting,Attomey John Carr, representing the Federal Street
Neighborhood Association,stated that while the project was progressing in a
favorable direction,not all of the neighbors were available to view the revised plans,
and so theycould not yet support the petition. He requested that,if agreeable to
Attomey Grover,the item be continued to September 16,2009, bywhich time the
neighborhood would have time to review the new plans,and they would then be
able to solidlysupport the project. The Board subsequently voted to continue the
matter to September 16,2009.
13. At the September 16, 2009 meeting,Attorney Grover presented the revised plans.
At the meeting,Ken Wallace, 172 Federal Street,stated his opposition to the plans
due to concerns that prospective residents would park on Federal Street. Attorney
John Carr,continuing to represent the Federal Street Neighborhood Association,
stated that he was pleased with the changes made to the plans, but wished to see the
number of units reduced further to seven (7).
3
14. The pubic heating was closed on September 16,2009,with the following Zoning
Board of Appeals members present: Rick Dionne (chairing the meeting),Annie
Harris,Beth Debski,Bonnie Belair(alternate),and Jimmy Tsitsinos (alternate).
15. At its meeting on September 16, 2009,the Board of Appeals voted five (5) in favor
and none (0) opposed to grant a Variance under§6-4,Table I: Residential Density
Regulations (recodified on September 10,2009 as §4.1.1: Table of Dimensional
Requirements).
The Board of Appeal,after careful consideration of the evidence presented at the public
hearing,and after thorough review of the plans and petition submitted,makes the following
findings:
1. Special conditions and circumstances exist affecting the parcel or building,which do
not generally affect other land or buildings in the same district.
2. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the
zoning ordinance,as the proposed project is in harmony with the residential
character of the neighborhood,particularly with the reduction of density and
addition of parking and green space to the original proposal.
3. Literal enforcement of the provisions of this ordinance would involve substantial
hardship, financial or otherwise,to the appellant,as costs of the building's
rehabilitation in the current economic climate would be considerable.
4. The applicant may vary the terms of the Residential Two-Family Zoning District to
construct the proposed addition,which is consistent with the intent and purpose of
the City of Salem Zoning Ordinance.
5. In permitting such change,the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to,the Plans,Documents and testimony,the Zoning Board of
Appeals concludes:
1. To allow for the redevelopment of the office building on the property located at 162
,,,Federal Street into eight(8) residential units as per the plans submitted,including the
plan titled "Parking Sketch Concept Plan for a Proposed Residential Development at
162 Federal Street,Salem,Massachusetts," prepared by Patrowicz Land
Development Engineering and North Shore Survey Corporation,dated August 4,
2009,the requested Variance from lot area per dwelling unit for the Residential Two-
Family Zone is granted.
In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Dionne,
Belair,Harris,Debski and Tsitsinos) and none (0) opposed,to grant petitioner's requests for
a Variance subject to the following terms,conditions,and safeguards:
4
1. Petitioner shall comply with all city and state statutes,ordinances,codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a budding permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Occupancy is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to,the Planning Board.
8. Unless this Decision expressly provides otherwise,any zoning relief granted does
not empower or authorize the Petitioner to demolish or reconstruct the structure(s)
located on the subject property to an extent of more than fifty percent (50%) of its
floor area or more than fifty percent(50%) of its replacement cost at the time of
destruction. If the structure is demolished by any means to an extent of more than
fifty percent(50%) of its replacement cost or more than fiftypercent(50%) of its
floor area at the time of destruction,it shall not be reconstructed except in
confomvtywith the provisions of the Ordinance.
9. Parking shall be as per the submitted plan dated August 4,2009.
k
Rc a ronne
Salem Zoning Board of Appeals
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 17 of the Massachusetts
General Laws Chapter 40A,and shall be filed within 20 days of filing of this decision in the
office of the Cary(lerk.Pursuant to the Massachusetts General Laws Chapter 40A,Section
11,the Variance or Special Permit granted herein shall not take effect until a copy of the
decision hearing the certificate of the City Clerk has been filed with the Essex South Registry
of Deeds.
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
CIVIL ACTION NO.: 09-2005-A
KENNETH WALLACE, JOYCE WALLACE, and
ERICA UDOFF, )
PLAINTIFFS, )
V. )
WILLIAM WHARFF and REBECCA CURRAN, )
BETH DEBSKI,RICHARD DIONNE,ANNIE HARRIS, )
ROBIN STEIN, BONNIE BELAIR and JIMMY TSITSINOS, )
BEING REGULAR AND ALTERNATE MEMBERS OF )
THE ZONING BOARD OF APPEALS OF THE CITY OF )
SALEM, MASSACHUSETTS, )
DEFENDANTS. )
AGREEMENT FOR JUDGMENT
By agreement of the parties to the above-captioned action, the following entry shall be
forthwith made on the docket in this action:
"A. The September 28, 2009 Decision ("Decision")of the City of Salem Zoning
Board of Appeals ("ZBA")relative to the real property located at 162 Federal Street,Salem,
Massachusetts (the "Property") shall be amended to include the following additional provisions
and conditions:
1. William Wharff("Wharff') shall be substantially responsible for the
construction of the project authorized by the Decision(the "Project").
2. If Wharff seeks to divest himself of substantial responsibility for
construction of the Project, he shall provide written notice of his proposed successor to
John Carr, Esq., counsel to the plaintiffs in this action. If said plaintiffs object to Wharff s
i
e
proposed successor they shall, within fifteen (15) days of the receipt of the notice thereof,
seek enforcement action of paragraph I herein from the City of Salem Building Inspector.
3. Nothing contained herein shall prohibit the sale of each and every of the
eight (8)residential units and appurtenances thereto to be constructed as part of the
Project.
4. Nothing contained herein shall be construed to require Wharff to own any
or all of the Property.
5. Notwithstanding anything herein to the contrary, in the event of
bankruptcy, death, foreclosure or other unseen event that prevents Wharff from
completing the construction of the Project, Wharff s successor may complete the Project.
B. The Decision is otherwise affirmed.
C. Each party is to bear its own attorney's fees and costs in this action.
D. All rights of appeal are hereby waived."
r
Respectfully submitted,
William Wharf Salem Zoning Board of Appeals Kenneth Wallace, et al,
By his Attorney: By its Attorney: By their Attorney:
Grover, Esq. Robin Stein,Esq. John H. Jr.,El.
Tinti, Quinn, Grover&Frey Assistant City Solicitor 9 North treet
27 Congress Street, Ste. 414 93 Washington Street Salem, MA 0197
Salem,MA 01970 Salem,MA 01970 978-807-3264
978-745-8065 978-338-4082 BBO#075-281/
BBO#546-393 BBO#654829
rsteina.salem.com -
2
Ud/tb/zniv lb:4b y/8a2bbtlbU JOHN H. CARR, JR. PAGE 02i'02
John H. Carr, Jr_,Esq.
9 North Street
Salem,MA 01970
Phone: 978-825-0060
Fac: 978-825-0068
August 25, 2014
By Facsimile: (978) 744-7493
Mr. George W. Atkins, III,Esq.
Ronan, Segal, &Harrington
59 Federal Street
Salem, MA 01970
RE: Assignment Agreement Re 162 Federal Street, Salem, MA 01970
Agreement For Judgment in Civil Action NO. 09-2005-A
Dear George:
In response to your July 22, 2014 letter and enclosed copy of the Assignment Agreement
between William Wharff and Pabich Family d/b/a Renewal Ventures, LLC,David
Andrew Pabich, Manager concerning redevelopment of 162 Federal Street that was
executed on May 21, 2014, I have spoken with my clients and have conveyed your verbal.
assurances subsequent to said letter that(1)this only involves a change of developer and
(2)there will be no changes either to what was previously agreed between the parties in
the Agreement For Judgment filed in Essex Superior Court Civil Action No. 09-2005-A
or what was previously approved by the Salem ZBA and other relevant municipal
agencies, including (without limitation) with respect to the number and layout of units,
landscaping, and parking at the rear of the property.
Subject to same,they hereby assent to said assignment.
Would you kindly keep me informed of events as they occur, and in particular let me
know reasonably in advance of when your client expects to close on the property, and any
remaining municipal approvals that still need to be obtained.
Thank you.
Best of luck in completing what must be one of the longest projects and real estate sales
in the City of Salem.
John H. C ,
Cc. Mr. &Mrs. Kenneth W e-By Hand
Ms. Meg Twohey-By Hand