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FILE
AMENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR 188 ESSEX STREET CI t`tE ',MASS.
A hearing 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 ;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 presentec 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 a-fta 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.
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:
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:
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 50% to 60 %;
3. Paragraph (5) . Minimum side yard setback from the required
five (5) feet to.allow side yard of zero;
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-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
ZZ Cf `-
games B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD OF APPEAL
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DRAFT OF DECISION - ALMY'S t s
The hearing was held on the application of Mall Realty Trust for Variances
from all applicable density and setback requirements and a Variance from minimum
parking requirements to allow demolition of existing building to construct a new
building which will consist of 107 dwelling units, a health club,and retail space
at 188 Essex Street. The Petitioners were represented by John R. Serafini, Sr.,
who presented the following evidence:
The property in question is located in the downtown area of Salem at 188
Essex Street. It abuts buildings on both sides. The zoning in the area is B-5,
which provides for a variety of uses including residential and commercial. The
City of Salem has a strong interest in the development of this property as it is a
key feature in trying to bring back activity in a critical part of the downtown.
That 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.
Evidence was further introduced by the Architects for the Developers,
explaining that to keep in conformity with surrounding buildings, to provide for
the incorporation of design features requested by the City, and to be in
conformity with the renewal plan for the downtown area, certain Variances were
necessary. The plan provides for 107 condominium units, retail space and a
health club. A model was displayed, together with detailed plans, and the
Architects pointed out the different problems with development because of the
site and conditions affecting this particular parcel.
Several people spoke in favor of the project, including representatives of
the Chamber of Commerce and several neighboring business people. The Mayor of
the City of Salem spoke in favor of the project as being necessary for the
improvement of the area. He stated that the building which had been vacant for
several years was a deterrent to the well-being of the City. He stated, "This is
a good project and deserves support. It will be good for Salem." The City
Planner spoke in favor of the project as being in the spirit of the Master Plan of
the City and in accord with desired goals of the City in the downtown area.
The Architect then spoke of the plan to utilize space in the Municipal
Parking Garage for the parking needs of the project. The Attorney indicated
that a minimum of 107 parking stickers would be purchased and used by each unit
owner.
Several of the Board Members had questions relative to the project, all of
which were answered to their satisfaction. One of the questions involved the
maintenance of the walkway shown on the plans being approximately twelve feet
wide and running from Essex Street to an area providing access to Church Street.
It was felt that this would be maintained with access to the public so long as it
did not become a nuisance to the condominium owners and that some reasonable
limitations on hours be set.
After further discussion, the Board voted to unanimously grant the following
Variances as requested in the Petition:
1. A Variance to permit the construction of 107 dwelling units as per
plans submitted.
2. A Variance to permit 60% lot coverage.
3. A Variance waiving the five-foot sideyard requirement of the Zoning
Ordinance since the building will have zero sideyard.
4. A Variance from the height restriction of six stories to enable the
construction. of a seven-story building on the Church Street side as
shown on plans submitted.
5. A Variance to permit a floor ,area ratio of 4:1.
6. A Variance from the parking requirement of the B-5 District 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.
The Board also voted that the following conditions become part of the
approval:
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. That approval of the Fire Department of the plans-be obtained prior to
the issuance of a Certificate of Occupancy.
3. That approval be obtained, if required, from the Design Review Board.
4. That prior to the issuance of A Certificate of Occupancy, all Building
Code requirements be met.
b y 4Y
CITY OF SALEM PITY PF S �-E_ V. S.
MASSACHUSETTS
ANTHONY V.SALVO
MAYOR
November 18, 1986
Mr. James Hacker
Chairman, Board of Appeal
One Salem Green
Salem, MA 01970
Dear Mr. Hacker:
I . am writing to strongly support the petition before you regarding
the redevelopment proposed for the former Almy' s property.
This proposed development will be a substantial asset to the
downtown area, and should be supported for numerous reasons, including
the following:
1. The Almy' s site has been vacant for more than a year, and
steps must be taken to redevelop it as soon as possible.
2. The proposed development will provide retail space on the Essex
Street first floor, which is very important to the retail
economy of the Essex Street Mall.
3. The proposed design of the new building is very compatible
with the historical and architectural character of our
downtown area, and will therefore be an additional asset
to its existing architecture.
4. The construction will provide 128 construction jobs which
will be very beneficial to our economy of people.
5. The redevelopment will result in more than 5300,000 of new
tax revenue for the City.
6. The residential housing proposed will further revitalize the
downtown and bring a 24—hour presence of people.
1-
8Gl;;iD e� hPPEALS.
Mr. James Hacker
November 18, 1986
Page 2
Through this project, in conjunction with the numerous other
projects being planned, we are well on our way to restoring the quality
and character of our central business district. It is a project which
we will all be very proud of, and will greatly assist us in our downtown
improvement efforts.
I heartily endorse the approval being sought. -
Sincerely, ��J��-
a""4'YL�L V,4
Anthony V. Salvo
Mayor
E509