ESSEX STREET ACCESS EASEMENTS �1
EASEMENT
SALEM REDEVELOPMENT AUTHORITY ("Authority" ) , a public body
politic and corporate, duly established under the laws of the
Commonwealth of Massachusetts, having its usual place of business
in Salem, Essex County, Massachusetts, •for nominal consideration
paid , grants to ESSEX COURT DEVELOPMENT CORPORATION ( "Essex
Court" ) , a Massachusetts corporation with its usual place of
business in Newton Centre, Massachusetts , easements for the
purposes and upon the terms hereinafter described in and over the
parcels of land designated as "Easement X" and "Easement Y" on a
plan entitled: "Plan of Land in Salem, Mass. , prepared for Essex
Court Development Corporation, Scale 1"=10' , Nov. 9, 1988, North
Shore Survey Corp. , 181 Essex Street , Salem, Mass. " recorded
herewith. The parcels in which the easements are granted are
portions of the land owned by the Authority shown as Parcel P-5
in Plan Book 133, Plan 2, recorded with the Essex South District
Registry of Deeds, and the easements herein are for the benefit
of land of Essex Court shown as Lot A and Lot B on said plan.
Easement X shall be used by Esse$ Court for the purposes of
constructing and maintaining therein a walkway and appurtenances
for pedestrian access from Church Street to land of Essex Court
shown as Lot A and Lot B on the plan recorded herewith. The
walkway in Easement X is a portion of a walkway to be constructed
and maintained by Essex Court from Church Street through 'Lot A
and Lot B to Essex Street. The walkway shall be maintained with
access to the public during reasonable daytime hours in
accordance with the Decision of the City of Salem, Zoning Board
of Appeal, recorded with said Registry in Book 8802, Page 441.
Easement Y shall be used by Essex Court for constructing and
maintaining a ramp for vehicular access to Lot A by maintenance
vehicles serving Lot A.
Essex Court shall be responsible for the maintenance of
Easement X and Easement Y including, but not limited to, snow
removal and landscaping. Construction of the walkway and ramp
shall be in accordance with plans approved by the City Planner.
The easements granted herein: shall be for the benefit of
Essex Court, its successors and assigns; shall be appurtenant to
Lot A and Lot B in Plan Book 133, Plan 2 and shall run with the
land; and shall be in addition to the rights and easements
- previously granted by the Authority for the benefit of said Lot A
and said Lot B by deed dated January 20, 1975 and recorded with
said Registry in Book 6125, Page 001.
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4
IN WITNESS WHEREOF, the said Salem Redevelopment Authority
has caused its corporate seal to be hereto affixed and these
presents to be signed, acknowledged and delivered in its name and
behalf by Joan Boudreau, its chairperson, hereto duly authorized,
this day of November, 1988.
SALEM REDEVELOPMENT AUTHORITY
By:
Joan Boudreau, Chairperson
Approved as to form:
Michael E. O' Brien, City Solicitor
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. November , 1988
Then personally appeared the above-named Joan Boudreau,
Chairperson as aforesaid , and acknowledged the foregoing
instrument to be the free act and deed of the Salem Redevelopment
Authority, before me,
Notary Public
My Commission Expires:
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FILE
AMENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR 188 ESSEX STREET C+ = 4_:.f !,MGSS.
A hearii.g on this petition was held November 19, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and
Associate Member Dore. 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.
Petitioners, owners of the property formerly known as the Almy's Building, are
requesting Variances from lot area, lot coverage, side yard setbacks, height
requirements, floor area ratio requirement and parking to allow existing building
to be demolished and to construct a new building consisting of 107 multi-family
dwelling units, retail space and a health club.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and wh idi are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner ;an
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially degrating from the
intent of the district or the purposes of the ordinance.
The Board of Appeal, after careful consideration of the evidence presentee at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . This property is located in the downtown area of Salem and
abuts buildings on both sides;
2. Zoning is currently B-5 which provides for a variety of uses
including residential and commercial;
3. The City of Salem has a strong interest in thedevelopment of
this area as it is a key feature in trying to bring back activity
in a critical part of the downtown;
4 . Due to the configuration of the lot and the proximity of the buildings
and the fact that work has to be done between two of the main
thoroughfares of the City, development becomes quite difficult both
physically and economically;
5. Several people spoke in favor of this project, including representatives
of the Salem Chamber of Commerce, neighboring business people, the
City Planner and the Mayor;
6. Petitioner plans to petition the Salem Parking Authority to secure
parking for the project.
J
AMENDED DECISION Or THE PETITION OF FALL REALTY TRUST FOR
VARIANCES FORISS ESSEX ST. , SALE,
page two
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 exist which especially affect the subject
property but not .the district generally;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or sib stantially derogating from the
intent of the_ district or- the purpose of the Ordinance.
Therefore, the Zoning Board. of Appeal voted unanimously, 5-0, to- grant the following
Variances from Table 111,- B-5-Density Regulations:
I . Paragraph (2) . Minimum lot area farom the required 500 square feet
per dwelling unit to allow 107 dwelling units to be constructed on
48,762 square feet;
2. Paragraph (4) . Maximum lot coverage from the required_50Z to 60 2;
3. Paragraph (5) . Minimum side yard setback from the required
five (5) feet to-allow side yard of zero;
E� _..__ a1�RD AND THE Cl= `=v
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4. Paragraph (7) . Maximum height requirements to allow portion
of the building on the Church Street side to have seven (7) stories
5. Paragraph ( 10) . Maximum floor area ratio to allow floor area
ratio of 4: 1;
6. Paragraph C of the Parking Requirements for, B-5 District
Above Variance are granted, subject to the following terms and conditions:
1 . That the walkway as shown on the plans submitted be maintained with
access to the public during reasonable daytime hours so long as such
maintenance and access does not become, in the opinion of the
Condominium Association, an unreasonable burden.
2. Plans be presented to the Fire Prevention Bureau for approval
prior to the issuance of a building permit;
3. Design review approval be obtained prior to the commencement of
the project. Prior approval of any other City Commissions and
Boards that may be required;
4. Construction conform to all applicable provisions of the Massachusetts
State Building Code, Salem Fire Prevention Code, Salem City Ordinances
and Massachuetts General Laws relative to fire safety;
AMENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR 188 ESSEX ST. , SALE,
page three
5. The Condominium Association shall bear the responsibility of
all rubbish and trash removal;
6. Proper address numbering be obtained from the City Assessor;
7. All construction must be done in accordance with the plans submitted;
8. A Variance from the parking requirement of the B-SDistrict so as to
permit all parking for the project to be located in the Municipal
Parking Garage with the requirement that a minimum of 107 parking
stickers be obtained from the Parking Authority for use by the
individual owners of the units for as long as the City of Salem
operates its Municipal Garage adjacent to the site. Each unit deed
shall contain a requirement that such unit shall purchase a parking
sticker from the Parking Authority so long as the City of Salem
operates its Municipal Garage.
GRANTED
games B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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REC:i.0EO 1.`I THE S..^'jTH ESSEX Cr DEEDS %.I:C..I:J CACI L .-.:. :,F Tr,_
OF RECORD OR IS RECORDED AND UNED O5 THE 07,1ER'S CERTIFICATE Cr TITLE.
BOARD OF APPEAL
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Pattra of u rul IN 'P5
FILE ;
AMENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR 188 ESSEX STREET C17y St:.t -.MGSs.
A hearii.g on this petition was held November 19, 1986 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Strout and
Associate Member Dore. 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.
Petitioners, owners of the property formerly known as the Almy's Building, are
requesting Variances from lot area, lot coverage, side yard setbacks, height
requirements, floor area ratio requirement and parking to allow existing building
to be demolished and to construct a new building consisting of 107 multi-family
dwelling units, retail space and a health club.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and wh idh are not generally
affecting other lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner ;and
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially degrating from the
intent of the district or the purposes of the ordinance.
The Board of Appeal, after careful consideration of the evidence presentee at the
hearing, and after viewing the plans, makes the following findings of fact:
I . This property is located in the downtown area of Salem and
abuts buildings on both sides;
2. Zoning is currently B-5 which provides for a variety of uses
including residential and commercial;
3. The City of Salem has a strong interest in thedevelopment of
this area as it is a key feature in trying to bring back activity
in a critical part of the downtown;
4. Due to the configuration of the lot and the proximity of the buildings
and the fact that work has to be done between two of the main
thoroughfares of the City, development becomes quite difficult both
physically and economically;
5. Several people spoke in favor of this project, including representatives
of the Salem Chamber of Commerce, neighboring business people, the
City Planner and the Mayor;
6. Peyitioner plans to petition the Salem Parking Authority to secure
parking for the project.
AMENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR188 ESSEX ST. , SALE,
page two
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
I . Special conditions exist which especially affect the subject
property but not .the district generally;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to the petitioner;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or sib stantially derogating from the
intent of the- district or. the purpose of the Ordinance.. .
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to. grant the following
Variances from Table 111 ,_ B-5-Density Regulations:
1 . Paragraph (2) . Minimum lot area farom the required 500 square feet
per dwelling unit to allow 107 dwelling units to be constructed on
48,762 square feet;
2. Paragraph (4) . Maximum lot coverage from the required_50E to 60 %;
3. Paragraph (5) . Minimum side yard setback from the required
five (5) feet to.allow side yard of zero;
_._..DT-I HAS BE". .l — T v "Y ^• P#H1 T'A n a1.� AND THE CI"^' r. vnv
rte... — _ i._n. __ _. .
4. Paragraph (7) . Maximum height requirements to allow portion
of the building on the Church Street side to have seven (7) stories
5. Paragraph ( 10) . Maximum floor area ratio to allow floor area
ratio of 4: 1 ;
_6. Paragraph C of the Parking Requirements for B-5 District
Above Variance are granted, subject to the following terms and conditions: '
1 . That the walkway as shown on the plans submitted be maintained with
to the public during reasonable daytime hours so long as such
access g
P
maintenance and access does-not"become;in the opinion of the
Condominium-Association,' an unreasonable burden.
2. Plans be presented to the Fire Prevention Bureau for approval
prior to the issuance of a building permit;
3. Design review approval be obtained prior to the commencement of
the project. Prior approval of any other City Commissions and
Boards that may be required;
4. Construction conform to all applicable provisions of the Massachusetts
State Building Code, Salem Fire Prevention Code, Salem City Ordinances'
and Massachuetts General Laws relative to fire safety;
4
• � tII
f
A_*lENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR 188 ESSEX ST. , SALE,
page three
5. The Condominium Association shall bear the responsibility of
all rubbish and trash removal;
6. Proper address numbering be obtained from the City Assessor;
7. All construction must be done in accordance with the plans submitted;
8. A Variance from the parking requirement of the B-5District so as to
permit all parking for the project to be located in the Municipal
Parking Garage with the requirement that a minimum of 107 parking
stickers be obtained from the Parking Authority for use by the
individual owners of the units for as long as the City of Salem
operates its Municipal Garage adjacent to the site. Each unit deed
shall contain a requirement that such unit shall purchase a parking
sticker from the Parking Authority so long as the City of Salem
operates its Municipal Garage.
GRANTED
' j /
2.11
games B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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D_C!2!7:: C; THE OF:';;E Cr THE G5 CLERi.
RECCi.CED I:' THE SP .H ESSEX RE�:SIF.i DE--,S A+;C..I:..C>`ED ., -. T'r'E ;,...:E OF T.
OF RECORD OR IS RECORDED AND N ED ON THE O7,;iiR'S CERTIFICATE Cr TITLE.
BOARD OF APPEAL