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24 SAUNDERS STREET - ZBA (008) -- — ' _ --- — l 24 Saunders St. + — W & G Realty Trust (formerly Salem Shoe) IJ 1�� I { { l J (City_ of �$ttlem, C H�ssttthusd `� .'1Pu1 DECISION ON THE PETITION OF W & G REALTY TRUST FOR VARIANCES FOR 24 SAUNDERS STREET (R-2) A hearing on this petition was held August 9, 1989 with the following Board Members present: Richaro Bencal, Acting Chairman; Messrs. , Febonio, Luzinsxi, Nutting and Associate Members Dore. Notice of the hearing was sent to abutters and others and notices of the nearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners, owners of the property, are requesting variances from use, density and number of buildings of a lot to allow the construction of sixty (60) residential units as previously granted. with provision allowing rental units. 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 the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district. b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner, 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 or the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: The requested variances are the same as the variances granted February 17, 1988 with the provision allowing the rental of said units. 2. A six (6) month extension on the February 17 , 1988 decision was granted by the Board of Appeal on February 22, 1989. 3. Because of the decline in the market, the financial integrity of the project will be adversely affected if petitioners cannot rent any of the units. 4. There is no change in the original plans and the number of residential units will remain the same. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district generally; r DECISION ON THE PETT_TION OF bi & 0 REALTY TRUST FOR VARIANCES a..T -4 SAUNDERS STREET. SALEM cane two 2. Literal enforcement of the Provisions of the Ordinance would .vorx substantial hardship on the petitioners; :he relief reauested can be granted without substantial detriment public good and without nullifying or substantially cerogating from t.._ intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to trant : I:e requested variances from density, use and more than one 'building on a _ot allow the construction of sixty (00) residential units with the aacitionai provision that the petitioners be allowed to rent said units, subject to _he following conditions: 1 . All conditions of the decision granted by the Board of Appeal on February 17 , 1988 are to be strictly adhered to and are mace part of and incorporated into this decision. I. Five (5) additional parking spaces are to be provided on the site for the use of the residents of Saunders Street. GRANTED ohn R. Nutting, SecretVy A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND '"HE CITY CLERK Ap^.a-1 ficm .his ocasion. it eny. shall be m.de pursuint to Section 17 of the Mrss. General La,vs, Chi-,ter SCS. and shall be t.,ad vrvthm 20 days acre ;ha oa;e of h,m- of this dec-sion in the oifiCP cf the C.:y F.%Lont to ?. C`_-.c rof r.... `, ,,. z11, he �r�iacc or h^ r ... t!<e eff,ct until .. ox/ cf t:,.,. 7la ^i7Lc,, o„ a: th.: c1ty CI t,k cr.,t:0 dav: hwc cep_,! h is y_rr I.'•i. or t!:]t. A such „ope:I h:Is been filed, th_t it n_•. I:c-an hsT!ssQ,: or "ai...elf is to Vie scat's Lsex Reg,try of Oeecls an7 rrd^xed L-Cer tha narra or the osvner of record or Is recorded and notad on the owner'; Cor:incate or idle. 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