NORMAN STREET & BARTON SQUARE - ZBA NORMAN ST. & BARTON SQUARE _
Heirs of John Deery
Gerald Baizen
2/11/81 1
r
MARCH 11, 1981
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3 -urb of �Appeal
_ '81 MAR 16 P2 :30
DECISION ON " LO` QF�p i{E HEIRS OF JOHN DEERY (OIdNER) AND GERALD BAIZEN,
(PETITIONER) RIg1j,�St'N.6 ARTANCES FOR A PARCEL OF LAND AT NORMAN STREET AND BARTON
SQJ RE, ASSESSORS MAP 35, LOT 11 (B-3 DISTRICT) .
A hearing on this Petition was held on March 11, 1981 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Hacker, Piemonte, Luziuski
and Feeherry. Notices of the hearing were sent to abutters and others and a notice
of the hearing was published in the Salem Evening News on February 25, and March 4, .
1981, in accordance with Massachusetts General Laws, Chapter 40A.
The Petitioner has requested a variance for the property described above to
construct no more than 72 residential condominium units at the site. A variance
is required because the building is in a B-3 district where the proposed use is
prohibited without. a variance.
The Board of Appeals, after consideration of the evidence presented at the
public hearing and after viewing the property makes the following findings of fact:
1. The proposed use of the property is supported by the Salem Redevelopment
Authority.
2. The proposed use of the property is consistent with the Salem-Uniform
Renewal Plan.
3. The proposed use of the property will enhance the entire Heritage Plaza
West Urban Renewal Area.
4. The petitioner and his architec tare well known throughoutthe northeast "
for the overall quality of their work.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of Appeals concludes as follows:
1. The property in question is unique. It is one of the very few vacanr* .
parcels in the center of Salem and it is perhaps the only large vacant
parcel in the heart of the City. Because of its unique size and location,
the development of this parcel is a concern to the entire city.
2, The conditions described above especially affect the land in question but
do not generally affect the zoning district in which the land is located.
3. The conditions described above which affect the land in question, but not
the zoning district generally cause the following special hardship: if the
requested variance is not granted the property will have to be developed
in a manner which is not consistent with the Urban Renewal Plan and not
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'81 MAR 16 P 2 :30
DECISION - GERALD BAIZEN - PAGE TWO
CITY
Sr.
in keeping with the surrounding buildings thus resulting in harm
(including but not limited to financial harm) to the petitioner and
to the city as a whole.
4. The desired variance may be granted without substantial detriment to
the public good because the proposed use will benefit the entire city.
Therefore, the Board of Zoning Appeals unanimously voted in favor of granting
the requested relief. The Board grants a variance to the petitioner on the follow-
ing terms and conditions:
1. No more than 72 residential units (none larger than two bedrooms) may be
constructed on the site.
2. No more than 6,000 square feet of net leaseable commercial space may be
constructed at the site.
3. All commercial space shall be located on the first floor of the property
(on Norman Street) ,
4. No less than 112 parking spaces shall be maintained at the site.
5. This variance is conditioned upon and is subject to final approval of the
proposed plans for this development by the Salem Redevelopment Authority.
The terms, and conditions, of any, of that final approval by the Salem
Redevelopment Authority are incorporated and made part of this variance.
GRANTED WITH CONDITIONS
Anthony M. FAgherry, Secretary ,f 4
APPEAL FROM THIS DECISION. IF ANY. SHALL 3E MADE PURSUANT TO SECTION 17 OF THE MASS. -
GENERAL LAYS. CBAPTER SOR, AND SRALL S"c F!:E IY uD2 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE C:if CLERK. ,
PUNSANT TO f;nASS. CEf,ETAL t?'iiS. C ' ?i5R M. -. .:? !1.'THE VA?!ANCE OR SPECIAL PERMIT
GRANTED HEREIN. SHALL ii:: "i.'.: Er UIT C'JR A ;^i'Y :T fH2:,Ei.!S::':, K I`;INi THE C'<RT-
FICATIDN OF THE CITY CUPF ii!.V 2, UlAIS . R,'P:AL HAS CMi FEED.
OR THAT. IF SUCH AN APPEAL HIS 37EH FILE. a.i: IT c... ..._} CP. 1E.".20 IS -
RECORDED IN THE SOUTH ESSEX RELeISTRY OF DEEDS AND INDU.ED G.;,1E? THE M.ME OF THE OMER
OF RECORD OR IS RECORDED AND FIGTED ON THE OWNER'S CERTIFICATE OF TITLE. -
`< _ 4 -
BOARD OF APPEAL -
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
a
Salem
Redevelopment
44-6900
Authority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONE 744-4580
March 11, 1981
Mr. Douglas Hopper, Chairman
Board of Appeal
One Salem Green
Salem, Mass. 01970
Dear Mr. Hopper:
The Redevelopment Authority respectfully recommends that the Board of
Appeals grant a variance to Gerald Baizen allowing the development of
condominiums in the Barton Square parking lot. New residential development
in the Heritage Plaza-West area is encouraged in the Urban Renewal Plan and
will support other development and rehabilitation projects in the downtown.
The Authority and its Design Review Board have reviewed plans for the
development and have endorsed the basic concept. It is our intention to
carefully review the design of this project as it progresses.
We hope that the Board of Appeals will reinforce our review powers as
stated in the Urban Renewal Plan.
Very truly yours,
�016� 114. e-�
Joan M. Boudreau,
Chairman
JMB/ec