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SZETELA LANE FORT AVENUE - ZBA (2) 4�v&<< c?e � su�-a- AbC t f rE ` n� T'--.... `f ...rva.y.� We+. ..r YA n�� d- rt+rirrt.«-�sy.Y-•...ter. «r . � • ... _y ..y_......e:� '+�. .-; O4<N•w.aw .. n>nr-X '_' — U'' R.r�' _'�NM`✓,�w W'+'MMp1-,:�.awr-,y�Wn� r.i, -hwam+rw+v..a.'gN'..'I^f�v'rv.e�y.n,r- � ...-Tsai+++T «r.-r..wna*-...+r••�.N 1 ..i-+.�.v'.n�-- --+r+• .o r.np+' rf LEGAL NOT CITY OF SALT; ZONINLifSOAFO OF APPEALS 5 978-619-M5 r Will hold a public ,hearing for all persons ` interested in the petition of SHALLOP LANDING tAT COLLINS COVE PARTNERSHIP, LLC requesting variances from minimum lot area,' lot width,.depth of front yard,widih of side yard, and depth of rear yard to construct fifteen single:i family residences on land between SZETELA# LANE and FORT� AVENUE (Assessor's Map 41, Parcels 235,: 236,243,244,246,and 274)(R-2). I Said hearing will be held on Wednesday,' September 17, 2008 at. 6:30 PM, in Room 313' 3rd floor of 120 Washing { ton Street. Robin Stein Chair SN—9/3,9/10/08—'� �onoiTe QTY OF SALEM DEPARTMENT OF PLANNING AND COMmuNiTYDEVELOPMENT KIMBERLEYDRISGOLL MAYOR 120 WAswNGTON STREET♦SALEM,MASSAOiUSETrs 01970 TEL-978-619-5685 ♦F&x:978.740-0404 � LYNN GooMN DuNcAN,AIC' DrRECroR � o 0 c-7 October 5, 2009 m` D John R. Keilty, Counselor at Law 40 Lowell Street N Peabody, MA 01960 Re: Request for extension of Szetela Lane Variances Dear Attorney Keilty: At its meeting on September 16, 2009,the Salem Zoning Board of Appeals discussed the request of Shallop Landing at Collins Cove Partnership, LLC to extend the Variances granted by the Board on September 24, 2008 and filed with the City Clerk on October 8, 2008, for a period of six (6)months to April 8, 2010. The Board understands Shallop Landing at Collins Cove Partnership, LLC intends to go forward with the project, though additional time is needed to resolve issues related to an SESD sewer pipe on the property, and to finish acquiring the necessary land. The Board decided by a unanimous vote to approve the extension requests making the Variances valid through April 8, 2010. A previous letter filed on September 24, 2009 with the City Clerk indicated that the Board extended the Variances through April 8, 2009; however, this was my Scrivener's error. The correct extension date is through April 8, 2010. Sincerely, Danielle McKnight Staff Planner Cc: Cheryl LaPointe, City Clerk CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT aM,NR " 2009 SEP 2U P 3: 01 KIMBERLEYDRISOOLL MAYOR 120 WAsFuNGmN STREET♦SALE, Mnssna-RiSE1=�Oi970 Lrnm GooMN DLNC:AIJ,AIQ' 'ftL-978-619-5685 FAx:OVYW64D4i;. SALEM, WASS. - DiREcroR September 24, 2009 John R. Keilty, Counselor at Law 40 Lowell Street Peabody, MA 01960 Re: Request for extension of Szetela Lane Variances Dear Attorney Keilty: At its meeting on September 16, 2009, the Salem Zoning Board of Appeals discussed the request of Shallop Landing at Collins Cove Partnership, LLC to extend the Variances granted by the Board on September 24, 2008 and filed with the City Clerk on October 8, 2008, for a period of six (6)months to April 8, 2009. The Board understands Shallop Landing at Collins Cove Partnership, LLC intends to go forward with the project, though additional time is needed to resolve issues related to an SESD sewer pipe on the property, and to finish acquiring the necessary land. The Board decided by a unanimous vote to approve the extension requests making the Variances valid through April 8, 2009. Sincerely, Danielle McKnight Staff Planner Cc: Cheryl LaPointe, City Clerk 4 `? 3 CITY OF SALEM a DEPARTMENT OF PLANNING AND KL\tBERLEYDRISCOLL COMMUNITY DEVELOPMENT j008 Ori MAYOR 8 A 9� 120 WASHINGTON STREET ♦ SALEM,MASSACHUSETTS 019 7-101 } h LYNN GoOMNDUNGaN,AICD TEL: 978-619-5685♦ FAX: 978-740-040W7YCLF_41;. StiL M.M.QS DIRECTOR l September 24, 2008 200I8I1I1I1700I48I7�IIBUBO I5I5I IIP9:89 p 11/17/2009 03:04 VAR P9 1/5 Decision Petition of SHALLOP LANDING AT COLLINS COVE PARTNERSHIP,LLC requesting variances from minimum lot area,lot width,depth of front yard,width of side yard,and depth of rear yard to construct fifteen single family residences on land between SZETELA LANE and FORT AVENUE,Salem. City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on September 17,2008 pursuant to Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members were present: Richard Dionne,Annie Harris,Elizabeth Debski,Annie Harris,and James Tsisinos. The petitioner, Shallop Landing At Collins Cove Partnership,LLC. sought variances from minimum lot area,lot width,depth of front yard,width of side yard and depth of rear yard to construct fifteen(15)single family residences on land between Szetela Lane and Fort Avenue, Salem in the Residential Two Family(R-2)zoning district. The Board of Appeals,after careful consideration of the evidence presented at the public hearing,and after thorough review of the Petition submitted,makes the following findings of fact: 1. Petitioner responded to an RFP issued by the City of Salem for the aforementioned parcel of land owned by the City. 2. The site consists of approximately 2.4 acres and is currently vacant and undeveloped. 3. The petitioner was requesting dimensional relief from the Zoning Ordinance, which would result in the creation of fifteen(15) single family house lots. 4. Thirteen of the lots would have access to Szetela Lane by way of a creation of a private way. The remaining two lots would have direct access on Fort Avenue. 5. These parcels are located in Two Family(R-2)Residential Zone. 6. Pursuant to the Salem ZoningOrdinance,a Two Family Residential Zone in Salem requires a minimum lot area of 15,000 square feet, a minimum lot area per dwelling of 7,500 square feet,and a minimum of 100 feet of frontage.See Salem Zoning Ordinance,Article VI. 7. The RFP issued by the City of Salem notes that due to the unique shape of the parcel that the Administration would be supportive of modest variances that would result in the development of between ten(10) and fifteen(15)dwelling units. 8. The parcel is on contaminated soil,due to decades of industrial use on the property. Removal of such waste is uneconomical as determined by the Massachusetts Department of Environmental Protection and allows the Petitioner to cap the parcel with between two(2)and three(3)feet of soil. 9. Several members of the public spoke in opposition to the petition, due to the density of the project,drainage concerns,and potential impacts to existing ocean views. 10. Letter introduced from Ms. Amity VanDoren,resident of 1 Essex St, Salem, favoring her support for the petition,because of the developer's community involvement and it would solve some much needed problems in that area. On the basis of the above findings of fact,including all evidence presented at the public hearing,including,but not limited to,the Petition the Zoning Board of Appeals concludes as follows: 1. The petitioner's request from minimum lot area,lot width,depth of front yard, width of side yard, and depth of rear yard does not constitute substantial detriment to the public good and will not negatively impact the public's safety. 2. The requested variances do not nullify or substantially derogate from the intent or purpose of the zoning ordinance. 3. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 4. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above,the Salem Board of Appeals voted, four(4)in favor (Debski,Harris,Dionne,Tsisinos)and one(1)opposed(Belair)to grant the variances JF .' from minimum lot area, lot width,depth of front yard, width of side yard, and depth of rear yard, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain numbering from the City of Salem Assessor's Office and Shall display said number so as to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but not limited to,the Planning Board 8. That the City Engineer shall review and approve the drainage plans. izabe ebski Salem 5ning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 it has been dismissed or denied and 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. Date Nov 13 2008 I hereby certify that 20 days have expired frorn the d.atp 'his instrument was received, and that NO , gas been filed in this office. A True COpyl�_ ATTEST:,C1 7 October 22, 2008 City Clerks Office Salem Mass. Appeals City Clerk—Massachusetts General Laws,40A Section 9-15, Section 17 OCT 22 A 10' Shallop Landing at Collins Cove Partnership,LLC Appeals: Correction to the draft of the meeting on 9/17/08 at 6:30PM FILE fl CITY CLERK.SALEM.M did not pull out 2 Webb Street did not oppose the development; I Raymond Page,of 4 eb ppP measuring tape to demonstrate the depth of three feet. Francis Page of 28 Webb Street did this. BUT 1. I am not opposed to the development of Szetela Lane properties as long as it has no Negative impact on my properties of 22 & 24. Webb Street. 2. The Zone Board was concerned about only 9 feet between houses,but allowed zoning changes of rear yards. Please take into consideration that their property line is an estimated. 7 feet+from the rear foundation of 22 Webb street. 3. I am concerned about a three-foot cap that will remove our water view. 4. 1 would like to be reassured that the standing water would not come onto my properties of 22 &24 Webb St. 5. 1 would like to be assured that upon the start of construction that traps are in place to trap the animals that have made this land their home for years, raccoons, skunks,rats, mice,snakes, foxes so I do not have them trying to make a new home in my back yard. 6. I was told at many meetings that there would be privacy fence separating Mr. Luster's property from mine, on 22& 24 Webb,there was no mention of this, by Mr. Luster, at the meeting on 9/17/08. Sincerely Yours, Raymond R. Page 24 Webb Street Salem Mass,01970 978 744 4845 Petition of. Shallop Landing at Collins cove partnership, LLC Location: land between Szetela Lane and Fort Avenue (Assessor's Map 41,'parcels Z35,236, 243, 244, 246, and 274) (R-2) Rcquest: Variances Description: Request for variances from minimum lot area, lot width, depth of front yard,width of side yard, and depth of rear yard for the construction of fifteen single residences. Decision: Approved - Filed with City Clerk October 8, 2008 This notice is being rent in compliance with the Massachuretts General Laws, Chapter 40A, Sections 9 & 15 and does not require action by the recipient. Appeals, ifany, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within 20 days from the date which.the decision wasfiled with the City Clem l ZONING BQARD�OF APPFAL PEnnQQQN FCMM conmrT " ` CITY OF SALEM,MASSACHUSETTS ZONING BOARD OF APPEAL rn. W 120 WASHINGTON STEET,3s-n FLOOR rr- ..� SALEM,MASSACHUSETTS 01970 95 N Amy Lash,Staff Planner Thomas SL Pierre,Building Inspector 3 W MtN6 t.978-619-5685/£ 978-740-0404 t.978-619-5641/f. 978-740-9846 c to TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 3 Fort Avenue Zoning District: R-2 An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. Example: I am proposing to construct a 10'x 10'one story addition to my home.located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet; the proposed addition would reduce the depth of the rear yard to 22 feet. See Statement attached hereto. For this reason I am requesting: (.)Variance(s)from provisions of Section VI 6-4 of the Zoning Ordinance, specifically from Table I -see attached request (i.e. minimum depth of rear yard). What is allowed is See attached (ft?sq ft?stories? %?), and what I am proposing is See attached (ft?sq ft?stories?%?). ( )A Special Permit under Section of the Zoning Ordinance in order to Not Applicable ( )Appeal of the Decision of the Building Inspector(described below): Not Applicable The Current Use of the Property Is: Are the lot dimensions included on the plan? (example: Two Family Home) Open Land (.)Yes O No n/a because The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. ZONING BOARD OF APPEAL PETITION FORM The following written statement has been submitted with this application: (+)For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings, and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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. ( )For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V, § 5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and .f) Potential fiscal impact, including impact on City tax base and employment. - Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. Ifdfferew than petitioner: Petitioner: Shallop Landing @ Collins J7 Property Owner: City of Salem, et al Address: 209 Essex St., Salem, MA Address: 93 Washington St., Salem, MA et al Telephone, e/o John R. Keilty, Esq. Telephone: c/o Ally. Keilty(978)531-7900 Si .ture l Signature(Attached consent letter is also acceptable) Date Date If different than petitioner: A TRUE Representative: John R. Keilty, Esquire ATTEST Address: 40 Lowell St., Peabody, MA Telephone: (978) 531-7900 v9dl Si at 're August 5, 200 Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application must be filed with the City Clerk. A Attachment A to Zoning Board of Appeals Petition Form Address: 3 Fort Avenue Zoning District: R-2 Required Min. Proposed Min. Required Proposed Required Min. Proposed Min. Required Min. Proposed Min. Required Min. Proposed Min. Lot Area Lot Area Lot Width Lot Width Front Yard Front Yard Side Yard Side Yard Rear Yard Rear Yard Lot 1 15,000 s.f 4,285 s.f 100 ft. 37.72 ft. 15 ft. 12 ft. 10 ft. 6 ft. 30 ft. 11 ft. Lot 2 15,000 s.f 3,750 s.f 100 ft. 0 ft. 15 ft. 10 ft. 5 ft. 30 ft. 12 ft. Lot 3 15,000 s.f. 3,750 s.f. 100 ft. 0 ft. 15 ft. 10 ft. 5 ft. 30 ft. 12 ft. Lot 4 15,000 s.f. 3,767 s.f. 100 ft. 0 ft. 15 ft. 10 ft. 5 ft. 30 ft. 12 ft. Lot 5 15,000 s.f. 4,794 s.f. 100 ft. 0 ft. 15 ft. 10 ft. 6 ft. 30 ft. 15 ft. Lot 6 15,000 s.f 7,670 s.f. 100 ft. 0 ft. 15 ft. 10 ft. 7 ft. 30 ft. 28 ft. Lot 7 15,000 s.f. 4,389 s.f. 100 ft. 0 ft. 15 ft. 10 ft. 7 ft. 30 ft. 9 ft. Lot 8 15,000 s.f 9,127 s.f. 100 ft. 0 ft. 15 ft. 10 ft. 6 ft. 30 ft. 27 ft. Lot 9 15,000 s.f. 8,507 s.f. 100 ft. 0 ft. 15 ft. 18 ft. 10 ft. 7 ft. 30 ft. 14 ft. Lot 10 15,000 s.f. 6,210 s.f 100 ft. 0 ft. 15 ft. 18 ft. 10 ft. 6 ft. 30 ft. 10 ft. Lot 11 15,000 s.f. 4,239 s.f. 100 ft. 58 ft. 15 ft. 10 ft. 6 ft. 30 ft. 12 ft. Lot 12 15,000 s.f. 3,750 s.f. 100 ft. 50 ft. 15 ft. 10 ft. 3 ft. 30 ft. 12 ft. Lot 13 15,000 s.f. 4,330 s.f 100 ft. 51 ft. 15 ft. 18 ft. 10 ft. 6 ft. 30 ft. 10ft. Lot 14 15,000 s.f 4,551 s.f. 100 ft. 70 ft. 15 ft. 15 ft. 10 ft. 5 ft. 30 ft. 15 ft. Lot 15 15,000 s.f. 5,133 s.f. 100 ft. 55 ft. 15 ft. 15 ft. 10 ft. 11 ft. 30 ft. 14 ft. r i Attachment to Application for Variance Applicant: Shallop Landing @ Collins Cove Partnership,LLC Property Address: 3 Fort Avenue, Salem, MA The applicant responded to an RFP advanced by the City of Salem for certain land owned by the City which included a small parcel of land subsequently determined to be owned by a third party. The applicant has successfully negotiated a sale price with the third party and the owner of a third parcel, the acquisition of which allows the development of the village style single family home complex. The applicant is faced with significant cleanup costs which are the result of the historic use of the property. The applicant is requesting dimensional relief which would result in the creation of single family house lots on a private way to be developed in a village style manner. August 27, 2008 City of Salem Zoning Board of Appeal 120 Washington Street Salem, MA 01970 Ladies and Gentlemen of the Zoning Board, We are pleased to transmit our proposal for the development of Shallop Landing at Collins Cove. We believe that this plan represents a wonderful opportunity to place this long- underutilized and blighted former industrial site back into productive use as a Sea-Side Village that will be a welcome addition to this part of Salem's historic waterfront. Having completed a successful adaptive reuse of the former Salem Police Station into 14 residential condominiums we are anxious to do our best to mirror that unqualified success at this site. We thank you in advance for your consideration of our proposal and we are anxious to meet with you to present our plan and its required zoning variances in greater detail. Sincerely, Philip Singleton William Luster Shallop Landing @ Collins Cove Shallop Landing @ Collins Cove Proposal Description In earlier Salem, Collins Cove was referred to as Shallop Cove due to its role in the production of shallow-hulled "Shallop" boats that were typically used as both day-fishers, and, as vessels that were used to convey people and information between the many larger vessels that were moored in Salem Harbor. M UJ y�t y x� s n� Our development, Shallop Landing at Collins Cove, will be an exclusive complex of single-family homes that will overlook this part of Salem's historic waterfront. The site will be oriented towards Collins Cove to take advantage of the commanding panoramic view of the historic Cove. Our site plan maximizes this view in order to attain sales prices that allow us to meet the significant minimum bid price that the City has placed on the property. Attention must also be paid to the fact that the site will have a registered Activities and Use Limitation placed on it be the Department of Environmental Protection (DEP). As mentioned above, Shallop Landing will be comprised of 15 residential units. We have designed a housing unit that will attract both empty-nesters and first-time homebuyers, while also allowing abutters to maintain their views above and through our development. Our site plan shows access on Szetela Lane for thirteen(13) of the homes and at Fort Avenue for two (2) of the homes. Our team spent considerable time meeting with neighbors to arrive at a plan that meets some level of consensus. We were very interested in the input of both the City and the neighborhood during our public process and we have made a number of changes and concessions through this public process. They are as follows: 1. Eliminate H&H Storage Area—There has existed at this site for many years, a storage area for H&H Propeller. This storage area has stored trailers, automobiles, industrial equipment and most recently, lobster traps. This storage area was the single-most commented upon issue and was of absolute primary concern to area residents. In fact, at an early neighborhood meeting the abutters agreed (not unanimously, but certainly overwhelmingly), that they would support an additional (16th) unit if it would make elimination of the storage area more attainable. While this sixteenth unit was important to us, due to site considerations we chose to undertake the land swap, remove the storage area and create a parking area for H&H Propeller, without taking advantage of the 16th unit. We will do this by purchasing from H&H Propeller their storage area, making it part of our development, and providing H&H Propeller with a parking area(shown on our plan as Parcel B) with approximately twenty (20) parking spaces for their employees, customers and small-sized vans. 2. Resolve H&H Parking Issues—Currently neighbors and H&H employees rely . on the small, city owned parking area(adjacent to #1 Essex Street) for parking. While there is typically no real conflict, area residents mentioned that during the winter season and particularly during snow removal parking bans, there is need to keep the H&H employee parking off the street. The parking area that we are proposing to build and deed to H&H Propeller (by fee or by easement) will eliminate this recurring problem. 3. Protect Views— We have agreed to a height for homes that is consistent with the R-2 zoning that is currently in place. The homes that we are proposing range from 1.5 —2 stories in height. In fact, the homes are substantially less then what is allowed in the R-2 Zoning district and are shorter than most of the homes that abut the western boundary (Webb Street homes). 4. Abandonment of mid-rise plan—We agreed to abandon a plan to build a single, mid-rise building that met all of the R-2 dimensional requirements. While this plan would have more appropriate for a site with an environmental capping system (because it eliminated individual lots and backyards and left much of the site paved for parking) it was roundly panned by the neighbors and we immediately abandoned it. 5. Remove Neighborhood parking lot—At one point we had included in our plan a neighborhood and visitor parking area. This was in addition to the H&H Propeller parking area that remains in our proposal. The neighbors were adamantly opposed to this idea and we removed it from our proposal. 6. Provide a 5-10 foot strip to abutters at#1 Essex Street and beyond — We were approached by a neighbor whose home is within three feet of the property line that they share with us. They requested that we provide them a strip of land. We f have shown this strip (approximately 7')between the H&H parking area and#1 Essex Street. We have agreed to provide this area as long as provision of this strip does not detrimentally affect our permitting process. We will continue this 5-7 foot strip along that entire boundary if it does not adversely affect our permitting process. 7. Move Buildings away from east property line—At our most recent meeting we were requested to move two houses away from the property line and we did so. 8. Withdrawal of proposal for Federal Street homes—At one point in the process we proposed moving the three (3) Federal Street homes that were being offered by the Commonwealth, to Fort Avenue. The neighbors were adamantly opposed to this idea and we immediately withdrew our proposal. 9. Add visitor parking—At our most recent meeting we were asked to add some visitor parking into the interior of the development. We moved a home and added two parking spaces inside the drive area for visitors. Further Project Description - As you can see, each unit will have a two-car garage and a two-car driveway. As our site plan indicates, the units will be approximately 1300 sq ft each and will be either two-bedroom with a den/office, or a three bedroom unit. We have attached a building plan. As you will see from our application, each unit—in addition to including garages and driveway parking - also has small yards, patios and deck for some private enjoyment. We are told by our market analysts that this is imperative in this difficult residential market. Further, our plan provides for an approximate average of 6573 sq ft of land per dwelling unit (based on a units vs. land mass calculation) while the average square feet(per dwelling unit) for the residential abutters is 2548* square feet(per dwelling unit). This indicates that our proposed density is less than that which has existed in the surrounding area over the past several decades. Lot Area per Dwelling Unit: Neighbors: 2168 square feet per dwelling unit Our Proposal 6573 square feet per dwelling unit R-2 Zone 7500 square feet per dwelling unit R-3 Zone 3500 square feet per dwelling unit Cousins Street Condo's: 3955 square feet per dwelling unit 13 Cousins Street: 3213 square feet per dwelling unit *Not including the Senior Housing complex. Using this complex would skew the surrounding residences to an even lower lot area per dwelling unit. As you can see, our concept creates a small community that is buffered from the activity of Fort Avenue and Szetela Lane while also availing the residents with wonderful water views and comfortable access and egress points. It is our belief that our site plan shows sensitivity to the neighborhood as it is less dense than its surroundings, does not over-build the site, provides a wonderful quality of life for its residents and meets the need for on-site parking. Listed below are some specific commitments and site amenities: • There will be garages in each unit. • We will offer well appointed finishes including granite countertops, wood floors and quality fixtures and appliances. • All units will have central air conditioning • Each unit will have a private area for their own yard. • Our landscape architect will design to best shield from neighboring residents. Direct and indirect benefits of our proposal: • The City of Salem will realize $865,000 from the sale of the property. • The development will create approximately 30 Full Time Equivalent construction jobs. • The development will eliminate a long-blighted and chain-link-fenced parcel. _ • The development will enhance of residential property values in the neighborhood. • The development will close out an open environmental issue by completing the close out with installation of a capping system at the site. • The development will generate approximately $70,000 in property tax revenue. Project Fact Sheet for Shallop Landing at Collins Cove A Seaside Community Number of Units: 15 Design Concept: A seaside village comprised of fifteen(15), small, single-family homes designed to accommodate the"empty-nester" market. Master bedroom on first level, indoor parking for one car, garage storage, patios and decks, luxury appointments will attract Salem buyers desirous of living ocean-side in the Salem Willows area. Type of Units: Small, single-family homes Zoning District: R-2 Lot Size-Lot Area per Dwelling Unit: Neighbors: 2168 square feet per dwelling unit Our Proposal 6573 square feet per dwelling unit R-2 Zone 7500 square feet per dwelling unit R-3 Zone 3500 square feet per dwelling unit Cousins Street Condominiums: 3955 square feet per dwelling unit 13 Cousins Street 3213 square feet per dwelling unit Neighborhood Review Process: Mayor Kim Driscoll and Ward 1 Councilors Lucy Corchado and Robert McCarthy required that we undertake a neighborhood review process that took several months and included a significant number of neighborhood meetings. The process was coordinated by the Mayor's Office with regular attendance by Councilors Corchado and Mccarthy. Our development team consists of the following: Legal Counsel: Attorney John R. Keilty, Law Offices of John R. Keilty Developer: Shallop Landing at Collins Cove Partnership LLC, Civil Engineer and Surveyor: Christopher R. Mello, Eastern Land Survey Associates, Inc. Real Estate Broker: TBD �;\•` \• � \ry 41_42 \ \ 4126 \ �.�. 41A27 \'\ i 416dJ74 7 s 41 2 y 41�lq W44 a 41 � 4 S " i r 411WO 9q Ys- 41i91&T6 41 A45 41a+ej - 4104 {�y � � 41� 2 1 i � i S 37M- J i °N �q��� 4119 ���L / 41 1 41 ' yam' 46 ( so 4132 4133 - 0- °e PJ:64°^ V41'41 a2 qt s ...� 62 102 i00-s xe 41- 1 / / .� 4------22 4116 ,m �C 2� i 41- 2t', �s d 102 - �.. Z s-S 41 41 73 41 41zQ� aoc 41 0 2 �\ �^ � i; 4122 415ps - 41 1 1 T1s 411 2 1. F 41�1b7 15 0 41- ' aJ 23 3158 na 41 41;Q75 41f� � 41 �1 s0. 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As an immediate abutter,we have lived next to this blighted site for the past three years. We are delighted to see this key parcel reclaimed and integrated in to the neighborhood. The variances sought will ensure that this development is consistent with the best of it surroundings. Specifically, if built in accordance with zoning,the mid-rise block of a building, however well-designed, would negatively impact views and create an institutional look in this waterfront location. The developer has done an excellent job taking the time to understand and work creatively with the issues of the site and its effect on the surrounding area. The resolution of the H&H storage area and the provision of an upgraded and controlled parking area will go a long way to mitigate issues associated with this industrial neighbor. Today,we have become the de facto monitors of the unorthodox use of this area after business hours, and some of it has not been pretty. As empty nesters ourselves, we can appreciate the value of the design of this project. Particularly appealing features include: • Single family ownership structure. Having a small piece of land associated with a dwelling to be used for private enjoyment is a huge benefit. • Sense of neighborhood. The design of the project creates a neighborhood within the development and, because it is low-rise and comprised of free-standing individual units, at an appropriate density,connecting to the rest of the neighborhood. • The design features of the units. The opportunities for ground floor living, adequate storage and room for visitors and a home office are important amenities. • An easement strip of up to 10' abutting our property will go a long way to minimizing the direct impact the parking has on our residence. While we know that there are other issues to be review and resolved through the planning process, such as site drainage, landscaping and infrastructure requirements,we wholeheartedly support this zoning variance as an important step to a successful and attractive re-use of the site. Thank you for your consideration. �a n t RECEIVE® November 26, 2008 DEC 0 1 2008 DEPT. OF PLANNING& Mr. Puleo: COWRUR1ITy DEVELOPIFMT I am very interested in attending the Planning Boards meeting for Szetela Lane I am the abutter owning the two pieces of property known as 22 & 24 Webb Street. I am going away from November 29 until December 6`h 2008 and if Mr. Luster is coming before you with his plans for Szetela Lane on December 4th I would like you to be informed in advance, of some of my concerns. I will be back in time should he be before you on the next meeting being December 18, 2008. Thank you. Raymond'RVage 24 Webb Street Salem Mass 978 7/44 4845 0 F October 22, 2008 City Clerks Office Salem Mass. Appeals City Clerk—Massachusetts General Laws, 40A Section 9-15, Section 17 Shallop Landing at Collins Cove Partnership, LLC Appeals: Correction to the draft of the meeting on 9/17/08 at 6:30PM Raymond Page, of 24 Webb Street did not oppose the development; I did not pull out measuring tape to demonstrate the depth of three feet. Francis Page of 28 Webb Street did this. BUT 1. I am not opposed to the development of Szetela Lane properties as long as it has no Negative impact on my properties of 22 &24. Webb Street. 2. The Zone Board was concerned about only 9 feet between houses, but allowed zoning changes of rear yards. Please take into consideration that their property line is an estimated. 7 feet+ from the rear foundation of 22 Webb street. 3. I am concerned about a three-foot cap that will remove our water view. 4. I would like to be reassured that the standing water would not come onto my properties of 22 &24 Webb St. 5. I would like to be assured that upon the start of construction that traps are in place to trap the animals that have made this land their home for years, raccoons, skunks, rats, mice, snakes, foxes so I do not have them trying to make a new home in my back yard. 6. 1 was told at many meetings that there would be privacy fence separating Mr. Luster's property from mine, on 22 & 24 Webb,there was no mention of this, by Mr. Luster, at the meeting on 9/17/08. Sincerely Raymond R. Page 24 Webb Street Salem Mass, 01970 978 744 4845 i RE("411 'IAi� � SEP 1 6 2008 Frederick W Haigis and Amity M VanDoren DEPT. OF PLANNING& 1 Essex Street COW'_RT'(,EVEL.CvW_ i Salem, MA 01970 August 26, 2008 City of Salem Zoning Board of Appeals 120 Washington Street, 3`d Floor Salem, MA 01970 Dear Members of the Board: We are writing in support of the petition submitted for Shallop Landing at Collins Cove. Asan immediate abutter, we have lived next to this blighted site for the past three years. We are delighted to see this key parcel reclaimed and integrated in to the neighborhood. The variances sought will ensure that this development is consistent with the best of it surroundings. Specifically, if built in accordance with zoning,the mid-rise block of a building, however well-designed, would negatively impact views and create an institutional look in this waterfront location. The developer has done an excellent job taking the time to understand and work creatively with the issues of the site and its effect on the surrounding area. The resolution of the H&H storage area and the provision of an upgraded and controlled parking area will go a long way to mitigate issues associated with this industrial neighbor. Today,we have become the de facto monitors of the unorthodox use of this area after business hours, and some of it has not been pretty. As empty nesters ourselves, we can appreciate the value of the design of this project. Particularly appealing features include: • Single family ownership structure. Having a small piece of land associated with a dwelling to be used for private enjoyment is a huge benefit. • Sense of neighborhood. The design of the project creates a neighborhood within the development and, because it is low-rise and comprised of free-standing individual units, at an appropriate density, connecting to the rest of the neighborhood. • The design features of the units. The opportunities for ground floor living,adequate storage and room for visitors and a home office are important amenities. • An easement strip of up to 10' abutting our property will go a long way to minimizing the direct impact the parking has on our residence. While we know that there are other issues to be review and resolved through the planning process, such as site drainage, landscaping and infrastructure requirements,we wholeheartedly support this zoning variance as an important step to a successful and attractive re-use of the site. Thank you for your consideration. 40�ALe_2� uc/c,icVVO IL;VC rAA Y/Gaal LYIY JMV MILIr. End 18102 , 1 WAYNE H. SCOTT � - A'rroRNEv AT Lww '1 50 CONGRESS STREET Surre 200 HosTON.MAs&Actiuserrs 02109 TELWHONC: (617)742-1535 I!� FFACdATF: (617)2184161 1 August 21,2008 ' John R. Keilty, Esq. 40 Lowell Street, Suite 22 Peabody, MA 01960 0 Re: Land off Ave.. SalemAve.. Salem Dear Mr. Keilty: 1 As you know, I represent David Livingston and Betsy Sheffer,the descendents of Abraham Livingston,the last record grantee of the roughly trapezoidal parcel of land shown as"Owner or Owners Unknown"on a plan recorded at the Essex South Registry of Deeds as Plan 174 of 1980(the"Parcel"). �l. My clients have reached an agreement in principle to convey their interest in the A Parcel to Shallop Landing at Collins Cove Partnership,LLC("Shallop Landing"). Accordingly,in the expectation that a mutually satisfactory resolution of the details of it puaohaw and sale agreement can be reached in the near future,my clients consent to the inclusion of the Parcel in Shallop Landing's application to the City of Salem Zoning f' Board of Appeals. '1 Very truly yours, A Wayne H. Scott a 11 h r I HEREBY CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE \5 ECSB (Fnd) REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. >o s> ,5 RECORD OWNER FOR REGISTRY USE ONLY Os PARCEL B CITY OF SALEM 81242± S.F. �JK' s LOT 13 sR�s . , 140 4,3301 S.F. < REFERENCES: x oP� �u. ASSESSORS MAP 41 PARCELS 235,236.243,244,246 AND 274 A0 PGS 000, 6 ���. \\ so ° PLAN REFERENCES.- PPLAN BOOK 395 LAN BOOK 94 PP1 0 HN o sem. ZONING DISTRICT IS R-2 ��.��' LOT 12 ` •O LOT 9 3 750- S.F. THE SITE IS LOCATED IN FLOOD ZONE B AS EVIDENCED BY c �c. '� FEMA FIRM 250102 0001B, DATED 8-5- 1985 lop N 87507± S.F. CID s° tiog \o s v� 0-1 N ° sem. ° �1O° \ °O. QP io LOT 10 I� \ 10, 69210'- S.F. Co LOT 11 ti Z LOT 8 N 4,2391 S.F. r,, �. 91127- S.F. 4•� �� oo 1-110 00. °0. 'r I'. I, CHERYL LAPOINTE, CLERK OF THE CITY OF SALEM, MASS. HEREBY CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PLAN BY tiR2� , h a THE SALEM PLANNING BOARD HAS BEEN RECEIVED AND °s04 v .' 4� 6j ,�, °5,� 9836 RECORDED AT THIS OFFICE AND NO APPEAL WAS RECEIVED DURING C�53�9.33• ao SZOS� nN� R=15.00 THE NEXT TWENTY DAYS AFTER SUCH RECEIPT AND RECORDING OF n N01'34'34"W R� �P L=20.58 SAID NOTICE. 3��2 o-7s•38'Ss' CITY CLERK hry 4S DATE 74.72' doL=58.34 — I. Rod (Fnd) D �47�•124 01? 5•Y� ,62 2 000� APPROVED UNDER THE SUBDIVISION CONTROL LAW LOT 15LOT 7 N w SNP Neo LL] 5,133'- S.F. Co o 49389' S.F. R=4s.00 °� N0 LOT 1 110 0 5°' 0 a� 4,285± S.F. --- - - z 250 � LOT 2 g 6 �' (� R�152.54 �o - — a� 3,750+ S.F. i d� J� A X2515. W z Prop. 15' Wide Utility Easemen — _ _ �,LS,E i R°�jp L-24.4y5 ��09'2 58 0. t% - - - - - - p58 � i ?9. L=11.62 w0-p97055 N LOT 3 e5 o6 DEFINITIVE SUBDIVISION PLAN 10 81 L�-14'47'43 0 S01'33'34'E 6� i Lo Q _5_ 65.00• � _ o a� 31750± S.F. The Residences at Shallop Landing o. r, LOT 4 SALEM , MASSACHUSETTS 00 LOT 6 3,767* S.F. N 7,6702 S.F. 3 LOT 5 0 �,. °� z2595 SUBDIVISION PLAN 00 o LOT14 g N � 4,794'- S.F. \ 52�5,•°5E Prepared For Shallop Landing LLC Eastern Land and Survey Assoc., Inc. w 4,551± S.F. tO N 40 Lowell Street Christopher R. Mello P.L.S. O � r z w So 0o Peabody, Mo. 01970 104 Lowell St, Peabody, Mass, 01960 (978) 531-8121 Co N L- z P 0 1°�9SCALE 'or l Co 1 0' " = 2 25.26' 49.74' Z ,; AN OF fdq,pi 65.00' 82.53' S02'14'12"ECHRISTOPHER v�NORI S01.34'44nE 172.79 o` R P �c I. Pin (Fnd) SINS 0 20 40 60 pNo.31317 O N 00 DATE �N�suR X41 EM DENOTES STC WE BOUND TO BE SET BY OWNER JUNE 5 2008 SPL LWER THE SWERVISION OF A REGISTERED Christoph37317 0 WSSACHUSETTS PROFESSIONAL LAND ASSESSED TO SHAWMUT MERCHANT BANK SURVEYOR REVISIONS F 14611 SHEET 2 OF 6 l I HEREBY CERTIFY THAT THIS PLAN CONFORMS \\ TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH - VG�� OF MASSACHUSETTS. \. L E G E N D ' o SMH EXISTING SEWER MANHOLE o DMH EXISTING DRAIN MANHOLE EXISTING CATCH BASIN 91 EXISTINGEXISTING HYDRANT ' EXISTING WATER GATE — 100 — EXISTING CONTOUR 100.00 EXISTING SPOT GRADE �� �` � � FOR REGISTRY USE ONLY UTILITY POLE c�iV �q ;� �, GENERAL NOTES o STREET LAMP CURB 1 ) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD FENCE SURVEY AND PUBLIC AND PRIVATE PLANS. RETAINING WALL • SMH PROPOSED SEWER MANHOLE �' �� Q� �� 2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND • DMH PROPOSED DRAIN MANHOLE ,A \ RECORD PLANS AND ARE NOT NECESSARILY INDICATIVE OF ■ PROPOSED CATCH BASIN � UNDERGROUND CONDITIONS. too PROPOSED CONTOUR \;� �` .� � � 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND 100x0 PROPOSED SPOT GRADE DETERMINING THE LOCATION, SIZE AND ELEVATION OF ALL L PROPOSED LIGHT �'�„ �� �� N'1j ��� EXISTING UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, F ' \ PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED C \ \ IN WRITING OF ANY UTILITIES FOUND INTERFERING WITH THE PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACTION F BEFORE PROCEEDING WITH THE WORK. �t \ 4) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE Q , OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS. SIF LOT 9 5) THE OWNER SHALL CONFIRM COMPLIANCE WITH ALL APPLICABLE CODES AND REGULATIONS GOVERNING THE MATERIALS AND/OR 8405 S.F. '\� METHODS OF INSTALLATION OF ANY IMPROVEMENTS DEPICTED ON THIS PLAN. LOT 10 �5p 6j210 S.F. LOT 8 \ 9,110 S.F. Q, NA\ i I, CHERYL LAPOINTE, CLERK OF THE CITY OF SALEM, MASS. HEREBY CERTIFY THAT THE NOTICE OF APPROVAL OF THIS PLAN BY THE SALEM PLANNING BOARD HAS BEEN RECEIVED AND RECORDED AT THIS OFFICE AND NO APPEAL WAS RECEIVED DURING THE NEXT TWENTY DAYS AFTER SUCH RECEIPT AND RECORDING OF SAID NOTICE. i DATE CITY CLERK APPROVED UNDER THE SUBDIVISION CONTROL LAW W0 LOT 15 4389 S.F. J 5,133 S. F. W DEFINITIVE SUBDIVISION PLAN - - Av The Residences at Shallop Landing SALEM MASSACHUSETTS LOT 14 roTOPOGRAPHIC PLAN I�. _ 4,5 51 S.F. Prepared For. Prepared By. ' ITY Shallop Landing LLC Eostern Land Survey Assoc., Inc. U ,+NOR 40 Lowell Street Christopher R. Mello P.L.S. Peabody, MA. 01960 104 Lowell St, Peabody, Mass, 01960 O LOT 5 M NOUS►NG (978) 531-8121 (,L LOT 6 I SPIE SCALE1." 20 — , 4,794 S.F. � I 7,670 S.F. I � _ I I a t,G'RiSTG°HER^.4`�� •� _y 0 10 20 40 60 31917 p ' DA TES OCTOBER 1, 2007 '' Cnri'sio=• R. Mello Cloyton A. Morin PLS 31317 Pf 30969 ASSESSED TO SHAWMUT MERCHANT BANK REVISIONS F 14611 1 AUC IST Co, 2008 SHEET 3 OF 6