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SERAFINI, SERAFINI, DARLING & CORRENTI, LLP
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR. TELEPHONE
JOHN R. SERAFINI. JR. 978-744-0212
JOHN E. DARLING
7
April 25, 2000 51-581-2743
JOSEPH C. CORREN TI TELECO PIER
978-741-4683
VIA HAND DELIVERY
Nina Cohen, Chairperson
Zoning Board of Appeal
One Salem Green, 2nd Floor
Salem, Massachusetts 01970
Re: Variances granted to property at
Carol Way and Weatherly DriveCD
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Vinnin Square, LLC ;-� u
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Dear Ms. Cohen: ^ ' p
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On behalf of the Petitioner, Vinnin Square - LLC, h4eby
request allowance to extend the above referenced �/ariarges which
were granted by the Board in a Decision date-stamped June 2 , 1999 ,
for a period of six (6) months from the effective date of that
grant.
The Petitioner wishes to go forward with the construction of
148 residential units, as permitted by the Board in this matter.
However, additional time is necessary for the Petitioner to be able
to put in place all of the necessary contracts and funding to be
able to begin construction.
We would, therefore, respectfully request that this Board
grant an extension as provided in General Laws Chapter 40A, Section
10, for an additional six (6) month period from the effective date
of the Variances granted for the property at Carol Way and
Weatherly Drive.
Respectfully submitted,
Vinnin Square, LLC
By is Attorney,rGfz�G�
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REQUEST TO MODIFY THE DECISION OF THE PETITION OF VINNIN SQUARE LLC
FOR THE PROPERTY LOCATED AT CAROL WAY AND WEATHERLY DRIVE (date-
stamped Dec. 30, 1997)
A hearing on this petition was held on May 19, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and
Ronald Harrison. 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
Massachusetts General Laws Chapter 40A.
The petitioner's Vinnin Square LLC, represented by Attorney Joseph Correnti requests
to modify the decision of the petition date stamped December 30, 1997 for the property
located at Carol Way &Weathery Drive.
The provisions of the Salem Zoning Ordinance which are applicable to the request
modification to the Special Permits and Variances and Section 5-3 Q) and Section 9-5,
which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or expansion of nonconforming lots,
land, structures, and uses, provided, however, that such change, extension,
enlargement or expansion shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rule that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
The Variances which have been requested may be granted upon a finding of the Board
that:
A. Special conditions and circumstances exist which are not generally affect the land,
building or structure involved and which are not generally affecting other lands,
buildings, or structures in the same district.
GILIFWJ
REQUEST TO MODIFY THE DECISION OF VINNIN SQUARE LLC -Ell A \'. 38
PROPERTY LOCATED AT CAROL WAY AND WEATHERLY DRI`tf (MMId-
stamped Dec. 30, 1997)
pagetwo
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 of the Ordinance.
The Boardof Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. This request comes to the Board following an agreement reached in a civil action in
Essex Superior Court, C.A. No. 98-00838, brought by neighbors in the appeal of a
decision of the Board granting certain variances and special permits to the owners of
land known as Phase 4 in the Village of Vinnin Square.
2. The Board's decision was challenged by condominium owners based on objections
to the traffic conditions and increased density likely to result from the planned
improvements in Phase 4 at the Village at Vinnin Square.
3. Following extended discussions, the parties agree on their desire to modify the
Board's decision by making the following specific changes;
a. The maximum height of the buildings shall be as follows: Building A will be F.F.E.73,
is 4 and '/� stories without an attic and will be 56' high. Building D will be F.F.E. 91 or
lower, is 4 and Y2 stories without an attic and will be 56' high.
b. The principal buildings on Lot 1 shall be 16 townhouses, two 6-unit residential
building, and one midrise building (Building D).
c. The maximum height of fences and/or boundary walls shall not exceed 10 feet.
d. The total number of units in Phase 4 shall not exceed 148 and shall be distributed as
follows (1) on Lot 1, one midrise building with 60 units (Building D), 16 townhouses
and two 6-unit residential buildings; (ii) on Lot 2, one midrise building with 60 units
(Building A).
e. The maximum width of entrance and exit drives shall not exceed 36 feet.
f. The front setback for parking areas shall not be less than 2 feet from all lot lines and
5 feet from street lines (excluding parking along Weatherly Drive/America Way).
4. In addition to Mark Blair, the Ward Councillor, the following residents spoke in favor
of the adoption of the proposed agreement in its entirety: Timothy Davem, Esq.,
Gardner Gould, Leon McDowell and Hal Rosenthal.
REQUEST TO MODIFY THE DECISION OF THE PETITION OF VINNIN SQUARE, LLC
FOR THE PROPERTY LOCATED AT CAROL WAY AND WEATHERLY DRIVE (date
stamped Dec. 30, 1997)
page three
5. By written letter, the abutting owners of the Grosvenor Nursing Home objected to the
proposed agreement via their attorney, Jeffrey Shribman, Edq.
On the basis of the above findings of fad, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions do exist which especially affect the subject property and not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve sustantial
hardship on the petitioner.
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 this ordinance.
4. The modification requested can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal unanimously voted 5-0 to grant the request to
modify the decision of Vinnin Square LLC, for the property located at Carol Way and
Weatherly Drive date stamped Dec. 30, 1997.
Nina Cohen, Chairman
Board of Appeal
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 MGL 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 MGL Chapter 40A, Section It, the Variance or Special
Permit granted herein shall not take effect until a copy of this decision, hearing 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 it 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
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DECISION OF THE PETITION OF VINNIN SQUARE LLC, REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT CAROL WAY & WEATHERLY DRIVE R-3
A hearing on this petition was held October 20, 1999 with the following Board Members
present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Stephen Buczko and
Richard Dionne. 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
Massachusetts General Laws Chapter 40A.
The petitioner is requesting a Variance to the minimum distance between buildings for
the property located at Carol Way and Weatherly Drive R-3.
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. Attorney Joseph Correnti, of 63 Federal Street represented the petitioner's.
2. Attorney Tim Davern representing the abutters, voiced approval.
3. There was no opposition to the plan.
4. Petitioners previously had variances approved but have failed to ask for one last
Variance for the minimum distance between buildings.
i
DECISION OF THE PETITION OF VINNIN SQUARE LLC. REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT CAROL WAY & WEATHERLY DRIVE R-3
page two
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 is to obtain Building 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 shall obtain proper street numbering from the City of Salem Assessors
and shall display said number so as to be visible from the street.
8. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted
October 20, 1999
asc
Richard Dionne, Member
Board of Appeal
DECISION OF THE PETITION OF VINNIN SQUARE LLC. REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT CAROL WAY & WEATHERLY DRIVE R-3
page three
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 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