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{' I� CFCY OF SALEM,
1 '� ::.BOARD OF APPEAL
745-9695 Ext.361
Will hold a public hearing for all
persons interested in the petition sub-
mitted by Vinnin Square LLC,
request to Modify the Decision of the ;
fpetition of Vinnin Square LLC,dated stamped December 30, 1997 for the
property located at Carol Way and
Wealthely Drive R-3. Said hearing to
be held Wednesday,May 19, 1999 at
6:30 P.M:, One Salem Green, 2nd
Floor.,. .
Nina Cohen,
i � Chairman
(5/5,12)
i.l y Y OF SALEM- MA
CLC K, S OFFICE
SERAFINI, SERAFINI, DARLING & CORRENTI, LLP
ATTORNEYS AT LAW
63 FEDERAL STREET Iggq ppR 29 P 4- I�
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR. TELEPHONE
JOHN R. SERAFINI. JR. April 29, 1999 976-744-0212
JOHN E. DARLING 761-561-2743
JOSEPH C. CORRENTI TELECOPIER
976-741-4663
Nina Cohen, Chairperson
Zoning Board of Appeal
One Salem Green, 2nd Floor
Salem, Massachusetts 01970 �=
ti
Re: Request to Modify the Decision on the _
Petition of Vinnin Square LLC, Carol Way and
Weatherly Drive date-stamped December 30, 19971'- ; If
rn
Essex Superior Court, C.A. No. 98-0083B
Dear Ms. Cohen:
Please be advised that this office represents Vinnin Square
LLC, the owner of land known as Phase 4 in the Village at Vinnin
Square Condominium. As you recall, a public hearing was held on
December 17, 1997, and after the hearing, the Board of Appeal voted
5-0 in favor of granting eight (8) variances and two. (2) special
permits to allow the construction of three midrise condominium
buildings, as shown on the plans filed therewith. A copy of that
Decision date-stamped December 30, 1997 is attached for your
reference.
Subsequent to the issuance of the Decision, an appeal of the
Decision was taken and a complaint was filed with the Essex County
Superior Court. The appellants are represented by Attorney William
H. Sheehan, III. The City of Salem is represented in the appeal by
Assistant City Solicitor John D. Keenan.
After several months of negotiations between Vinnin Square LLC
and the appellants, an agreement has been reached as to a modified
plan dated March 12, 1999 (attached hereto) . The modified plan
requires that the Board also modify its Decision, so that the
relief granted by the Board be exercised in accordance with the
modified plan, as opposed to the plan originally referenced in the
Decision.
Below, please find a list of the requested modifications to
the Board's original Decision:
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 'k stories without an attic,
and will be 56 ' high;
Nina Cohen, Chairperson
Zoning Board of Appeal
April 29, 1999
Page Two
b. the principal buildings on Lot 1 shall be as follows: 16
townhouses, two 6-unit residential buildings, 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 the project shall not exceed
148 and shall be distributed as follows: (i) 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) .
The terms of the Board' s modified Decision will be
incorporated into an Agreement for Judgment which will be filed by
the parties with the Superior Court.
Counsel for both the Developer and the Appellants will be
available at the hearing to answer any questions the Board may
have.
Wherefore, Vinnin Square LLC respectfully requests that the
Board modify its Decision granting variances and special permits,
as outlined herein.
Respectfully submitted,
Vinnin Square LLC
By its Attorney/,
o ep C. Correnti
JCC:dd
Enclosures
cc: William H. Sheehan, III, Esquire
John D. Keenan, Esquire
of "ittlem, Elttssttclluse##s
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CFc B 2 s4 fi 'SI
DECISION ON THE PETITION OF VINNIN SQUARE LLC REQUESTING A VARIANCES AND
SPECIAL PERMITS FOR THE PROPERTY LOCATED AT CAROL WAY & WEATHERLY DRIVE R-3
A hearing on this petition was held December 17,1997 with the following
Board Members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill,
Richard Dionne and Paul Valaskagis. 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.
Petitioner, is requesting Variances from maximum height of building, two
principal buildings on a lot, maximum height of fence/boundary
walls,minimum lot area per dwelling unit, minimum lot area per dwelling
unit, minimum dimensions of parking stall width, maximum width of entrance
and exit drives, setback to parking area & Special Permits for parking on
adjacent lot and new condominiums for the property located at Carol Way &
Weatherly Drive.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , 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.
'_n 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 Citv' s
inhabitants.
The variances which have been requested may be granted upon a finding of
the Board that:
Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, bu:idings or structures In the same district.
DECISION OF THE PETITION OF VINNIN SQUARE LLC REQUESTING A VARIANCE &
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT CAROL WAY & WEATHERLY DRIVE
page two
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 Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact:
1. Petitioner was represented by Attorney Joseph Correnti of Serifini,
Serifini & Darling, 63 Federal Street, Salem.
2: The requested relief consists of several variances and Special Permits
for the final phase (Phase IV) of construction of The Village at Vinnin
Square, a residential development.
3. The Village project commenced in the 1980's and the developers, the
Zieff family, has been involved with the project since 1983.
4. The entire Village project, including Phase IV, consists of over
48 acres and will leave 516 residential units when completed. The
original plans for the entire project at its inception, called for
approximately 550 units.
5. Phase IV of the Village project will consist of 178 residential units
and parking over three (3) lots covering ten (10) acres.
6. The three lots of Phase IV are unique in size and shape and the land
has peculiar topography and consists of large areas of ledge and rock
outcropping and large areas of wetlands.
7. The property on which the Village sits also has a large pond and has
large differences in land variations.
8. The developers concerned public discussions of the plans for
construction of Phase IV of the Village project in March 1997 at an
Open House, and the official Planning Board process of site plan review
began in April 1997.
9. The developers and the trustees of the Condominium Associations for
Phase 1, II and IIT of the Village met over several months to discuss
the plans for Phase IV, and an agreement was reached between the
developer and the Trustees of Phase I, I1, and III of the Village
with respect to the plan and petition submitted to the Board.
IC. The agreement between the Trustees and the developer was the result of
months of negotiations and the plans and petition as submitted to the
Board incorporated amendments suggested by the Trustees and other
residents of the Village relating to traffic flow, improvements of
recreational facilities and parking among other things.
Ii . Attornev George W. Atkins of Salem, representing the Trustees of Phase
I , .II, and III of the Village spoke in favor of the petition and pians
as submitted as it incorporated matters which were the subject of
negotiations.
I= . The Trustees of Phase I and II of the Village unanimously endorsed the
DEt1tiun and pians, and four of five trustees of Phase IV Of the
li':ae aoGroved of the pian and petition.
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT CAROL WAY AND WEATHERLY
DRIVE
page three
13. Several homeowners at the Village spoke in favor of the petition.
14. August Miller, 70 Weatherly Drive, Chairman of the Trustees'
negotiating team, spoke in favor of the plan citing significant changes
made to the plans to address concerns about traffic flow, the number of
buildings proposed and entrance problems. Tests performed by the
developer to address concerns about water pressure and sewage were
also mentioned.
15. The original plans for Phase IV of the Village called for four (4)
buildings which was reduced to three (3) in the plans submitted.
16. The proposed plan has allowed for approximately 70% open space
calculations over the effected three lots.
17. Several homeowners and a Trustee of Phase IV of the Village spoke in
opposition to the plans and petition citing concerns for traffic
flow, property value, architectural design, sidewalk accessibility
and other matters.
18. The proposed Phase IV of the Village project must still undergo site
plan review before the Planning Board, and Beth Debski, Assistant
City Planner, stated that traffic flow concerns, utility and
architectural design issues were subject to review and approval by
the Planning Board.
19. Lot D2 as reflected on the plans will consist of a landscaped parking
lot with 25 spaces being exclusively dedicated to a nursing home on
abutting property and 38 spaces will be attributed to parking for
building sited on Lot A of the plans.
20. Due to the existing ledge on the property, outcropping,topography of
the land, existing pond and large wetlands, combined with the large
differences in land elevations between the lots and odd shapes, the
siting of buildings for Phase IV of the Village project is restricted.
21. It was represented by counsel for the developer that they would accept
as a condition of the requested relief that developer will use access
to Loring Tower Road for a means of exit from the two buildings located
on Lot B of the plans.
22. The height of the 6-plex existing in Phase I-III of the Village are
approximately 40 feet above ground, and the height of the existing mid-
rise in Phases I-III are approximately 66 feet above ground.
23. The proposed building on Lot B will be approximately 56 feet above
ground.
Z4 . The proposed construction of Phase IV of the Village will complete
construction of the project.
25. Because of the topography of the land, and in order to allow the
developer to work with the natural topography of the land, some walls
on the property may exceed six feet.
26 . The petitioner requested he following relief from the Zoning'
Ordinance;
A. Variance from maximum height of building in feet with respect to
lots A and B.
B. Variance from maximum height of building in stories with respect
to lot B.
C. Variance for two principal building on one lot with respect to
lot B.
DECISION OF THE PETITION OF VINNIN SQUARE, LLC REQUESTING A VARIANCE
& SPECIAL PERMIT FOR THE PROPERTY LOCATED AT CAROL WAY & WEATHERLY DRIVE
page four
D. Variance from maximum height of fences and/or boundary walls for lots
A and B.
E. Variance from minimum lot area per dwelling units for lots A & B.
F. Variance from minimum widths of parking stalls in underground garages
for lots A & B.
G. Variance from maximum widths of entrance and exit drives for lot A & B.
H. Variance from 2 front setback requirement for parking areas.
I. Special Permit to allow parking on adjacent lot with respect to lots
A and D2.
J. Special Permit to allow new condominiums.
On the basis of the above findings of fact, 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 substantial 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 the ordinance.
4. The Special Permit granted 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, 54 to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2. All construction shall be done as per the plans and dimensions
submitted and approved by the Zoning Officer.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning anv
construction.
5. A Certificate of Occupancy shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7 . Petitioner shall obtain proper street numbering from the City of Salem
Assessors office and shall display said number so as to be visible from
the street.
CITY CCLEH
SALEM, MASS.
DECISION OF THE PETITION OF VINNIN SQUARE, LLC REQUESTING A VARIANCE &
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT CAROL WAY & WEATHERLY DRIVE.
page five
8. Petition is to obtain approval from any City Board or Commission have
jurisdiction including, but not limited to, the Planning Board for Site
Plan Review and the Conservation Commission.
Variance & Special Permit Granted
December 17, 1997
Gary Barrett, 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 11, the Variance or Special Permit granted herein shall not
take effect until a copy of the decision, bearing the certification 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
A TRUE COPY ATTEST
ROL
SALEM, MASS.
03/01/2001 10:14 6036237250 PRO CON PAGE 01
AW
City Of Salem
Public Property department
One Salem Green
Salem MA 01970
2-28-01
Re: Schedule of Construction Activities
Project: Archstone®Vinnin Square
0000 Carol Way Permit#327-2000
Attn: Peter Strought
Dear Peter
As requested the following is a schedule of building and ite events for
Your use. As you know the dates are goals and we can update them as
the project commences.
The building dates are from the start of foundations too upancy
including finish paving and landscaping.
Site Activity Start Com ete
Pre Blast Survey 3-5-01 3-23-
Clearing & Grubbing 3-6-01 3-30
Blasting 3-26-01 5-2541
Rock Crushing 3-19-01 6-1
Building Prep 3-26-01 9-10
Road Work/Utlldies 5-1-01 10-26-)l
Steel Mid Rise Building Start Comp Ste
Building D 05-14-01 03-01-)2
Building A 08-6-01 06-14-)2
Wood Buildings Start Comp ate
9 Reliance Row 06-18-01 10-26-)l
7 Reliance Row 06-18-01 10-26-)l
5 Reliance Row 06-11-01 11-16- )l
3 Reliance Row 06-11-01 11-16- )l
1 Reliance Row 06-11-01 11-1641
12 Reliance Row 06-25-01 11-21- )1
10 Reliance Row 06-25-01 10-21- )l
Pio Can, incorporated
P.O.BOX 4430, MANCHESTER, NEW HAMPSHIRE 03108 • 60-623-88 1
1 • FAX 603.623-7250
03/01/2001 10:14 6036237250 PRO CON PAGE 02
Wood Buildings Start co"IF lots
8 Reliance Row 06-25-01 11-2101
6 Reliance Row 07-09-01 12-2101
4 Reliance Row 07-09-01 12-21 1
2Relianoe Row 07-09-01 12-21 1
115 Weatherly Drive 08-6-01 02-15- )2
117 Weatherly Drive 08-6-01 02-15
119 Weatherly Drive 08-6-01 02-14. )2
121 Weatherly Drive 08-6-01 02-15. )2
123 Weatherly Drive 08-6-01 02-15 2
111 Weatherly Drive 09-10-01 03-1 2
113 Weatherly Drive 09-10-01 03-15-02
If you have any questions or need additional information please do not
hesitate to contact me at your convenience.
Si rely, nn
seph P. Ke
lect Manager
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