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CAROL WAY & WEATHERLY DRIVE - ZBA (3) �- -- - - -- FWAY 6 WEATHERLY DRIVEVINNIN SQUARE LLC Ci u � U wady awe,va'eewr�,uK�GSLIIC� !, Legal Notice {' 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 -, � 9 �13attrD of ��{rettl 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. 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J a�� 16,685 SF FOOTPRIN N / g �'-""•'r� _ / ACZ") J FFE - 73' Designed by Drawn by Checked by GARAGE FFE = 64' �',� 11 Z.r•1 4-5 GARAGE SPACES I h PPLAN LAN ENTITLED 'PUN OF LAND IN SALEM, MASSACHUSETTS OF GROSrENOR \ 5FERENCES 11 5 .� ro- ',,(PLUS 20 TANDEM SPACES) 20 Z_a CAD checked by Approved by LOT 1 / l PARK NURSING CENTER' DATED MARCH 12, 1993 RECORDED AS PLAN 58 IN ''� - / / PLAN BOOK 281. " e_ \ Scala Date ,Ik / \ - �. ,`1 `( \, / <82 N 1"�0' 3/12!99 / l 2Pt / PLAN ENTITLED 'PROPOSED RICHT OF WAY EASEMENT PLAN IN SALEM, MASS p 2d 1B g O `. \\ ` '. Z Z rn Project Title RETAINING WN1 \..>�a ,^ `a 1E p O- 1 \ < WITH 4'XIGN FENCE / // PREPARED FOR VINNIN ASSOCIATED REALTY TRUST' DATED FEBRUARY 12, \ LOT 1 r \ \1 I / // V)Y Q / 1987 RECORDED AS PLAN 30 IN PLAN BOOK 249. `E o'a 1 ✓ / Lo WIDEE % \ ' 917,.7081 sF o AA Nva Carol Way Residential / / PLAN FNTIILID 'DEFlNIIIVE PLAN LOT PLAN-LOCATON CAROL WAY DATED TYPE JCON .. � AU( / NOVEMBER 8, 1985 RECORDED AS PLAN W IN PLAN BOOK 243 EXHIBIT In ACR 2UR 11NiT a FWNDATgI ♦Ii`//Ry` 1 of s. `,,. UN/7S a,"DEMA,C / / ; _ __ _— --- --- ------...� PLAN ENTITLED 'PLAN OF LAND LOCATED OFF CAROL WAY SALEM. QTR �, r. 3G R1- ACA ,/ ; \ = Development PEGETA71P ML7L O MASSACHUSETTS PROPERTY OF VINNIN ASSOCIATED REALTY TRUST' DATED / JUNE 24, 1998 RECORDED AS PLAN 85 IN PLAN BOON 309. e NCI / UNE DATED MARCH 1975 BENTITLED *PLOT PLAN y SALEMP AREA ENGINEERING DEPARTMENT. TOWN 4oEw'NN rgeY I / -. / L OR/NG TOWERS f ' Salem, Massachusetts 7 \ , ` � lesued for BUILDING D 1--- _._- _ `�e �X I I .i. Q" AM 60 UNITS/4.5 STORIES / \ � \ I 1 snee �Tfi[P 0y 7 45 GARAGE SPACES �° '9 "`-7� (PLUS 20 TANDEM SPACES) / \ i ,o ACP Local Review \ \ 16,685 SF FOOTPRINT 1 TTPE FFE - 88' '\ GARAGE FFE = 79' \ .•� €ei, 1 \F t \ I N � I - \ �' .\ TYPE AM L - .- �0a191hOR PAPo(Li 4W •�f l�i, �'�•-'".V / y— �� Drawing Title .•tip` \\ \ � `za-�- � .Rae sm ewsu�snr J-� .,—r---"""-�.� i Overall Site ��R�NN wvlh) Plan N/F \ ` �F Drawing Number TOWN OF SWAMPSCOTT N/F CITY OF SALEM `` SH OF Mgss9c HOLC-3 AU. RICHA S. 60 O 60 120 0.3883 y Sheet of "C STT sS ��`�~ 3 16 22 SCALE IN FEET bNALE Project Number 05243 \\Mawald\LD\05243\CacU D\Permit2\5243sp.dwg