188 ESSEX STREET - ZUSSMAN, DAVID - ZBA 188 Essex St. B_5
David Zussman (owner)
Harrington & Segal (petitioners)
,v cu>ni r4�
(1�i# ofttlem, Cttssttclluse##s
Pourb of �ppeal
DEC b 3 cs
F!LE
December 6, 1989
Josephine Fusco
City Clerk
City of Salem
Dear Mrs. Fusco:
Please be advised that at the Board of Appeal meeting
of November 29, 1989 the petition of Michael Harrington and
Jacob Segal relative to 188 Essex St. , was allowed to Withdraw
Without Prejudice by a unanimous vote.
Sincerely,
dames M. Fleming, Esq.
Chairman, Board of Appeal
JMF:bms
r `
( itg of 15ttlem, Massachusetts .
tq
Pvara of tArPrul
Fite
AMENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR 188 ESSEX STREET Ci Y = SL:.t ',M�SS.
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 which 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 otbprwise, 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;
- which for a varier
2. Zoning is currently B 5 wprovides c p y 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. y 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.
AHEA•DED DECISION Or 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 beconstructed on
48,762 square feet;
2. Paragraph (4) . Maximum lot coverage from the required 50% to 60 Z;
3. Paragraph (5) . Minimum side yard setback from the required
five (5) feet to.allow side yard of zero;
'_._...,'0:1 AS Bre" c.-•-- T"'� •,, ""'•'NG "�"'RD AND 7 CI'^1
r_... _ �..:.:_. PO ARM _ _
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: '
I . 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;
e
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
1 'i l=J• Y •.� Cil c.'.tiv
,James B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
.I L ._ FEC... TH:S �._I... ... _... $H',L! EE . =.T: PJ7,S7;..' T:. .__.. , . '7 ]F ..:
i-fc.:5. CNFP'ci: £: : n::5 SPrU E: °• •- .i!" <"� DAYS A.T=E. :;.: ATE OF f .!...:
1:; THE 7F:'I:E Cr THE CM CLERi.
_.. _ Ci
APF-UL F'.,. E._;. ..__. 1' .. .. ._. . .._..._.. ._
REL:FOED I.`: THE S%7H ESSEX RE�;'TEI O.F DEELS AIX' E)`E" L; .-... HHE .,...:E OF T-'--
OF
EOF RECORD OR IS RECORDED AND NOTED ON THE O:RIER'S CERTIFICATE CF TITLE.
BOARD OF APPEAL
RONAN, SEGAL& HARRINGTE7M'
ATTORNEYS AT LAW
FIFTY-NINE FEDERAL STREET
JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970. 1r� ;l j 41� ��:'� 191 )63 MIDDLE STREET
MICHAEL J.HARRINGTON - - v ..� (T JJ GLOUCESTER,MA01930
JACOB S.SEGAL (508)283-7432
MARY PIEMONTE HARRINGTON (508)7440350 - c.,:.f )283-7435
GEORGE W.ATKINS,III FAX(508)744-74931.1 Y 0!-
MICHELE
I'MICHELE HOLOVAK HARRISON ti LJ J'
DEBRA RAHMIN SILBERSTEIN
JOHN H.RONAN
PAUL G.CROCHIERE FILE NO.
BRVW P.CASSIDY
ELLEN M,WINKLER
November 30, 1989
Mr. James M. Fleming
Chairman
Board of Appeals
One Salem Green
Salem, MA 01970
In re: Essex Court Condominium, 188 Essex Street, Salem
Dear Jim:
This is to confirm our conversation of earlier todaywherein I indicated to you
my intention to ask you and fellow members of your Board to allow us to withdraw
the above appeal .
As I indicated, my concern here from the time of our purchase of Museum Place in
July of 1988 has been to assure us as owners and all other interested parties
that a range of issues relating to the East India Parking Garage owned by the
City would be addressed.
My concerns, then and now, are twofold.
First, that repairs be made to the existing garage facility in both timely and
substantive fashion so as to insure that the facility will be a positive catalyst
in the use of both Museum Place and other commercial enterprises in the core of
the City.
Second, that a resolution be reached with respect to the accommodation of pro-
spective condominium parking and, mcre particularly, with respect to the operation
and maintenance of the facility which will encourage rather than discourage the
use of the Garage.
Relative to my first concern, namely the physical improvement of the facility,
there has been grudging and truculent responsiveness on the part of the City' s
Executive Branch whereby 18 months later final plans and specifications which,
hopefully, will lead to timely issue of City bonds for the upgrade of the facility
appear to be near completion.
Mr. James M. Fleming
Page 2
November 30, 1989
With respect to my second concern as it relates to the condominium usage and
issues relating to prospective operation and maintenance, there has been a frag-
mented and largely inconclusive reaction from both the City and Mr. Zussman. I
would hope, as stated often over the course of the last year, that these issues
will receive timely attention from the principal interested parties early in the
coming year.
The Essex Court Condominium project, as I indicated in correspondence with Mr.
Zussman in June of 1988 and regularly thereafter, is the most significant develop-
ment in the core of the City.
It must and should be made to work.
Both Jake Segal and myself remain willing and committed to work with both the
City and condominium owner to insure a timely resolution of the remaining issues
which should reflect both the broad public interest in the vitality of Salem's
center and implicitly recognizes rights which we have as a result of our acquisi-
tion of Museum Place in July of 1988.
Very truly you s,
Narrin toi4 '
Dhate k1 J. g
wsd
G xT
G
sir i_
. _ - a - ��
��'� �v�
� ���
��
October 5 , 1989 PEALS
BOARD,OF R�
j
a UU0
Mr . James M.Fleming OC� 'O 9 24
Board of Appeals
One Salem Green RECEIVED
Salem, MA 01970 CITY OF SALE►A,iMASS!
Dear Mr . Fleming:
We read in the Salem Evening News that there is to be
another meeting regarding the New York Cellular Geographic
Service request for variances at 12 First Street .
This past summer , we attended a meeting covering the same
issue and were most pleased when the Board denied the request
of the above company.
They have , however , already installed antennae at 12 First
Street which, we thought , was not permissable .
Since the meeting is to be on October 18th, we shall be
unable to attend and again voice our objections . This
date coincides with the annual meeting of the Sanctuary
Condominiums . Please note that any seeming lack of in-
terest by the unit owners will be due only to the unfor-
tunate conflict of meetings .
Please use the signatures below as representative of the
general concern of the Sanctuary residents .
Your response to this letter as to the outcome of the
October 18th meeting will be most appreciated .
Sincerely,
CITY
OF SALEM
9 t
s In City Council---------June---8_,.._1289------___.______
Ordered:
That the "walkway easement" granted by Essex Court Development
Corporation to the City of Salem dated June 6 , 1989 , a copy of which
is attached hereto, is hereby accepted.
In City Council June 8 , 1989
Referred to the Committee on Community Development
In City Council June 22 , 1989
Adopted by a unanimous roll call vote of 11 yeas , 0 nays, 0 absent
Approved by the Mayor on June 26 , 1989
ATTEST: JOSEPHINE R PTJSC n
CITY CLERK
EASEMENT
ESSEX COURT DEVELOPMENT CORPORATION ( "Essex Court " ) , a
Massachusetts corporation with a usual place of business at 93
Union Street , Newton Centre , Massachusetts , for nominal
consideration paid , grants to the City of Salem ("Salem" ) , a
municipal corporation with a usual place of business at 93
Washington Street , Salem , Essex County , Massachusetts , an
easement for the purposes and upon the terms hereinafter
described over a strip of land designated as "Walkway Easement"
located along a portion of the westerly side of the building
shown on a plan entitled : "Site Plan of Land of Essex Court
Condominium, in Salem, Massachusetts dated June, 1989 , T & M
En;_^eeri..—, Associates , inc. ; " recorded herewith.
The easement may be used, in common with Essex Court , for
the purposes of pedestrian access only from Essex. Street to an
additional walkway easement over adjacent land now or formerly of
the Salem Redevelopment Authority , which additional easement
leads to Church Street in Salem, and is recorded herewith. Also
granted is an easement for the same purposes over land of the
grantor described as lot B on a plan recorded in said Registry in
Plan Book 133 Plan 2 which is more particularly described in a
deed from The Salem Development Authority dated January 20, 1975,
recorded in said Registry in Book 6125 Page 001. Essex Court _
shall construct and maintain the walkway easement granted hereby,
and the public shall have access thereto during reasonable
daytime hours in accordance with a certain decision of the City
of Salem, Zoning Board of Appeal , recorded in the Essex South
District Registry of Deeds in Book 8802 , Page 441 . Essex
Court' s responsibility shall include maintenance of the walkway
in good condition , including snow removal where required and
maintenance of any landscaping within the said easement area, all
in accordance with the above decision of the Zoning Board of
Appeal and also in accordance with a certain special permit
decision issued by the Salem Planning Board under site plan
review recorded in said Regitry in Bink 8832, Page 213. As
required by the special permit decision, the design of the
walkway and landscaping has been approved by the city planner as
indicated by his execution hereof.
The easement granted herein: shall be for the benefit of
Salem, its successors and assigns in common with Essex Court and
its successors and assigns, and shall run with the land. The
easements granted herein are in addition to and are intended to
be used simultaneously with and subject to the limitations
contained in the additional easement referenced above from the
Salem Redevelopment Authority, recorded herewith.
For grantor's title see deed recorded in said Registry in
Book 8854, Page 389.
IN WITNESS WHEREOF, Essex Court Development Corporation has
caused its corporate seal to be hereto affixed and these presents
to be signed, acknowledged and delivered in its name and behalf
by David N. Elan, Vice President and Assistant Treasurer, hereto
duly authorized this 6a of June, 1989.
ESSEX COURT IIDEVELOPMENT CORPORATION
By
David N. Elan, Vice President and
Assistant Treasurer
a opnp`7FD AS TO FORM:
�i
M1'C1IAEL E. O'BRIEN, S ICITOR
APPROVED:
WILLIAM E. LUSTER, ACTING CITY PLANNER
noo�E,�
Essex, ss. June 1989
Then personally appeared before me the above-named David N.
Elan , Vice President and Assistant Treasurer of Essex Court
Development Corporation , and acknowledged the foregoing
instrument to be his free act and deed and the free act and deed
of said Corporation.
Votary Public
My commission expires :
!dd! 88Or441
QI' of jBIlmy �satipstifs
T Dc 11 8 D] 1"'86
P=b of FILL#
'W"gD D{CISlOg
of Sgt "TIr, 0y .awe a6AlST SIU, rol,r .::.[..MASS.
_ PARSANCIS FDI Ig6 g3Stt STRErr .
A Dearing on this peti[ion ru held tw.eb•r 19, 1966 with ch. following Board
M"wn p[u"u Jere Ratter. Chdrrsi Muese., B"esl. yl"t,.. Strout and
Aaaedaca Mae6er Oen. Re[lca o[ he hearing was sent to aDuctaie aed etMra and
Associate
o[ the butte. vein Properly published in the Sal" Evening taws in
notices of deg hearing
to Prop l Laws Chapter 401.
Bide yard recb.cks, height
404-
accordance
ianc w erness of aM prop.e7 forsarly known as the Aly,, Building, 6n
,.questing Va..{rates frw lot arca. lot <wees{e•
nquestrecr, !lone area ratio n9uirer,t and parking to allow acis[ing building
co Da derlisMd and to ewecruct a raw Wilding consisting of 107 sulci-fri17
to retail {Pere and a health Club.
dwelling ural a finding et the
IDs u
nrieetea .bich have bt rpavated r7 be {ranted upon T
r•.
Board than: ca
a, special conditions ..d <irewu involved
•eia[ dt[b esPseialb eftral
the lead, building o. acrveture lewlred aed .Did• ere nen generally
m
athet ieg ecDer land{, building sad structures in the ser district;
b• li[es.l ..foreswear of the Provisions o! the Zoning Ordinance would m
involve substantial hordsh in, financial or ocisrds6. to na Petitionesddlvd
C. desirable Wile! r7 be granted rithou[ ou6au,tial detriment CO the7,611, good and without anll[f)[eg au efet
the ordisasce rating from she
i,ta,t ,[ the district ar the Wig• resent" at the
She Board of A"O". altar careful consideration fuf the aw f finding of !acts
aad altar visaing cbePlus, 1.. . :.• .-... .
o
Dearing. n . . ...F, ._
le located in the downtown aro a! 9alw end
SDI, property C
1..
�abuu Wlidiwg, on bete sides: C
Mich provides !w a .arise) of cans c.P
2. "it's is Currently g-! talt
.
iselwdlds r•rideatial and rawness
5;" Th. Ci'7 of Sal" boa 6 strong interest in [hadesnbring
back ack activity
thin eiu es it is a key feature is trying to
is • ericitsl Part of the dwucws{
6. Dos ce.W ewlSgara[law of the int and the Pveglsity of the buildings
and the lace teat sort has to be down between two difficult both
et cg,• vis
thoroughfares Of the City, devalep"ec becore Guice
physically sad oew"icallT
leeludin{ ra
y• Several People spoke is fever e[ this Project, pevu
thteti
o[ the 3als Chasb•r of Conr[C.. neighboring Wainau People. the.
Clt7 flamer and the Major:
6, pecitlorr plans to petition the Sal" Parkin{ Authority 11 .cut.
Vetoing for the Project.
i 1
p:
Ai,
1 880M42
AMSMDJU DSCTSIOJ on TU FSTITI011 OF MALL er..Ty {JUST FOR
fOt IB/ CSSt3 ST., SACS,
pox. tae -
i
On the buts BO the obeptinelep tact. and on tb• evleese• prunne at t
hearing, [hs Beard It Appeal on
sl eeiuddo.. •• (.l isnot he�
I. Special conditions .gist Mich especially a1[eeg the wbjott
property but not Cho district p.estlb;
3. Listal onferteaeat al the Zeaing Ordi.aono mould Laval" au►scaetial
hardship to the petition,,,
I. The r.liaf ragw-CId tae be gtmred aithoug substantial data imnt to the
Public good sad without nullifying er .W scant la 117 d.rog.ciag fro, the
intent of the district a,� the WrPOSI of ch. Ordint.cs.
1
Therefore, the 3ming bard of Appeal voted manlaously, S-0, to Srsat thus folloviag
Variance. fret Table 111, S-S D.nsit7 Ragulacionl
I. Paogr.ph (3). Mlviom lot area farm the rpuirad 500 square fast
Per availing mit to all" 107 dualling mita to be constructed an
41,763 sq..a fast;
3. 11Paragraph (A). MatisAaft log tov,tap frm the required SOS to
60 2;
gif;^= side LCC gecearh Iron chs required
fire (5) fast to Ill" aide yard a(....;
A. Paragraph (7). Maio h.labt requlremsN CO all" ports" `
of the building on the Church 31 vast aid• to have seem (M.tori..
5. Paragreab.(10). Masissaft fleas arm ratlt.•te e13" flout aro
ratio of 4:1;.
sees .......� .. ._ _.
6. Paragraph.C. the pacbly.gega(tosasts'ton.5_$ Dia_t',at.. _
Above )armee are gr..ted, wbjmt to the fel le . 1.11rtoo ma.• . • . , I
v bd, `
cmditio..:
I• That the walhwp st above m ch. plao submittal be mintalned with
accost to ch* public during rma"a►1• daytio hours .a long u .ch
ea iacsasaco sad aecsts.dms em became. L eh. apL/aa of the
Condo•ivL.assmlatim. o unreasonable hurt".
1. Plasa be Prm.ated to the Flit Proevtim brew for approval I
Prior to chs istuor. e(o building Fatale.
). Damian revim approval b*%ObCIiaed prior to the toasrmemnt of
Ch* Project.. Frier appt"•l.of say "bet City Comisslma tad
Boards chat bay be r.quiredi
A• C...trvet lossrmfora to all apµlcablo provisions of the Msmaehusutt• +
State bilding Code, Salo Fire proeetim Cada, Salm City Ordinances 1
sad Msturhmta General Lows volatile co fire safety,
1
t
r
Lim 8802FU43
AMErDSD DECISIOr 011 TITS PETITIOR Of MALL RSALTT TRUST FOR
VARIANCES FOR lag ESSEX ST., SAES,
page three
S. The CondominLa asonistim shell bear the responsibility of
all rubbish and crash removals . ..
6. Proper address numbering be obtained ftam the City Assessor;
1. All construction at be done is accordance with chs plane submitted;
N. A Variance from the parking aquinmeat of the I-DDisttict so Is to
Pamir all parting for the project to be located in the Municipal
Parking Garage with the requirement that a minimus of 107 parking
stickers be obtained from the Parking Authority for uas by the
individual owners of toe Unita for as long as the City of Salem
Operate, its Municipal Garage adjacent to the site. Each unit deed
%hall contain a requirement that such unit shall purchase a parking
Sticker from the Perking Authority ao lane a the City of 5419a
operates its Municipal Garage.
OPAN7ID ✓ /
•janea u atker, CUlMM
A COPT OF THIS DECISION HAS SEEN PILED WITH THBIPLANNINO BOARD AND THE CITY CLERK
..r �1J Jus A'0 .
.mei•.. :C
:"L:.tILJ MWE: r
F ad N t6 Lf1:M(S{it}=70 J:[1t511l r.2:1:^.v'..-F'° i:. TA:
:.::a r
01 a[rnem d m atmeDu AND 2:iJ Jn i%i Jt�(1'f[NiwrA1 V iRL.
GOp ♦Y h1te0 p NMN.
J/ „S
I StrrbT td1JT 'te plied
hom he ddri reialwd,
cnd rhol mer Aad in was
Mw.. r
• :rvm Clay
AI:EST. r, Soiw. Atom.
;g.
{
Y.
F-
BK61 25' PGO01
FL
I J
. { .. D .SE D
SALEM REDEVELOPMENT AUTHORITY, a public body politic and
k* corporate, duly organized and existing pursuant to the General
•t-_ Laws of Massachusetts, having its office in Salem, Essex County,
Massachusetts , in consideration of One. Dollar ($1. 00) paid, grant$
to WILLIAM GORIN and 14AURICE D._ COOPER;Woth of Newton, Massa-
i ,chusetts, and CLYDE-W.,. SKILLIN, of Danvers, Massachusetts, as
- Trustees of Almy Realty Trust, .under a Declaration of Trust,
dated April 27 , 1961, recorded with Essex South.District Registry
'yy; of Deeds, Book 4775, Page 149, but not individually, with.
=� QUITCLAIM COVENANTS, all its right, title and interest in and to
its the following described land:
sxlF,- A certain parcel of land, situated in the rear of Church !
V7tli,rt ' Street, Salem, Essex County, Massachusetts , being shown as Lot B
-' , ..h:_,r:. on a plan entitled, Pro art Plan Project No. Masa. R-95 , Heri-
tage
� P P Y ji
J.;• Plaza East, Salem Redevelopment Authority, Salem, Mass. ,
Scale: 1' - 20' , dated October ,4 , 1974, .Whitman & Howard, Inc. ,
YT Engineers and-Architects" to belrecorded herewith, and bounded
W�x .: and described as follows: -
�rr
t+.r &.NORTHERLY by Parcel 'P=S,. ak• 'shown ,on said plan, ten
and 8/100 (10.08)dfeeti
WESTERLY by said Parcel P;.(5, thirty-eight and 66/100 a ,
=�Frtr (38.66) feed
?'k: `';�v�` *r• f SOUTHERLY by said Parcel P=S, ten and 8/100 (10.08) feet=
and
- EASTERLY by Lot A, as shown�on said plan, thirty-eight
and 66/100 (38.66) feet.
Said parcel containing 390 square feet'of land according to said
plan.
' .Together with the following Rights. and Easements :
A Right of Way and Passage on foot or by motor or other
`vehicle in common with the Grantor, owner for the time being of
land adjoining the said parcel of land herein conveyed, and shown
as Parcel P-5 on the plan above mentioned, at all times and for I
all purposes , to and from said parcel of land herein conveyed andl '
also to and from other land of the Grantees shown as Lot A on
! said plan, over the whole or any part or parts of said Parcel P-5I
to and from Church Street; and the further right and easement
temporarily to park one or-more motor or .other vehicles on said
Parcel P-5 at or close or in .part_on to said Lot A or said Lot B
for the purpose of loading or unloading property or trashy and
also the right and easement to affix, repair, and maintain one
f" or more bollars or steel bumpers on said Parcel P-5 for the pro-
tttt taction of said Lot Bt said Rights and Easements shall be for the
benefit of the Grantees herein, their successors and assigns, and
shall also be appurtenant to said Lot A and said Lot B and run
with the land.
X : ' For title;- see Order of Taking dated' February 18 , 1970, recorded
'I ! with said Registry of Deeds, on; �ebruary 23, 1970, in Book 5668,
1r .i L^iSW'W?r�.tA .iWC a. r a
MBK 6 12 5 PG 0 02
a
The Grantor:,rertifies that all conditi
One jprecedent to
the valid execution and delivery of this Deed on ,its, Part .have
been complied with and that all things necessary3._
this Deed, its valid; ,binding and legal agreemnt ,Onothetterms
and conditions and for the purposes set forth hersin;,have been
done and performed and have happened, and that the execution
and delivery of this Deed on its: part have been and are in all ?
respects authorized accordance with law,
WITNESS thd-Vexecution'-hereof this u
1975, day of Janua*yj
(SEAL)
ATTES \�
. T
SALEM REDEVELOPtTq p 4,r~
`V
J.J
BY
LIAM
WI
/ 12 TI, CHA RMM
THE COMMONWEALTH OF MASSACHUSETTS 'rte �1C� r
Essex, as. P -
January 1975 n '
Then personally appeared the above-named William.d; ;::. . ,
Tinti, Chairman as afotesaid, and acknowl qed the .foregoing >', •'
instrument to be the free act and deed the Salem Red velop- t '
ment Authority, before me,
1 ,
O tGC P. VA"09'
� rA�w�WL10 _ •
MO
Y CMAfILaION eXPIRlf r� •.:� 1�' -
' occ. is. 1975
- o f
r
r , i• Y ':
'p uod 8832KM
(9i u of ialun, Anssarlmsrfts
DECISION OEt 31 2 n Ph'8S
SPECIAL PERMIT PILE,
SITE PLAN REVIEW CITY 1," a wits.
Mall Realty Trust
91 Un l on Scree,
MS.,.. Center. MA 01I59
RE: 188 Ease. Street
-' -Sale., lie 01970
On Thursday. 0«mbar 4, 1986, the Planning Iosrd of the City of Sales
held • public hosing under Set,ion VII-R, Site Plan Revtsv. of cbe m
Sale. toning Ordinance on the application of Mall Realty Trust with a'
respect to tai construction of 101 condeelwlue units and c..,cial
•page at IRS Euas strut. m
AL . rgvl.rly scheduled watlng of the Planning beard held De.."par 111,
19116, the Beard voted, by • vote of four.b,fawr, One opposed. to
aPp1w,.'the application as eooplyln0-with thar".1"amm"S for luoswc.
Of a Special Pent[, ablate to, the 7oti1lt, Conditions,'
� . .., w. sass..• .:sass
-/ I_ Werk.shall,<okfeen to pili milt Gsdf 6wrhnideeblur', dated.
iud_pe &jA
SeptuMr.14('2956.revoearbI3°t986/ 1•�-u - 'i
�.... _ ., ._,.
'ir ... 2 D4llt�,lnsHlla�las shell bi tij/�we�Mrepjmmo Sob
w v.. L.gtaerleg Dopartsyo[{„ s-+r Y I w-.� . .. ... _---. -
�� a. A detail of elatrrlul cem.ectim shall be subeitted far revisv C
and approval by the Planl,lg Doaatrac.. G
I. Rubbishrrwewl .hallR�'cho 4es tsJ
voedblllq eF tb dewleprr, Ale-.
sues men or assigns..
6. Landscaping1
'e[ the sits• sMll'ien[ere plan entitled -Schematic '
Slat Plan at Entry Lew1", praior.e by Philip Bryer. Landaeepo �.
Architect.
1qg�
developer,e of successors ibabetAr Sees"
lbfll,y of tbe-
-
developer, his successors or suss ites.
b. Ther. shall be on storage of srov as Ianucaped areas
t. Snw removal. including the public vslkvsy OR the westerly side of
the building. shall be the responsibility of the Oewleprr, his
successor or &&signs.
y: 3. Design of prepeud valkvslP Cf be; Constructed betwen ENS" and Church.
Streets Including, but not.iL/ted tet dlrnalons, landauptng, and
tip lighting, .hell be, revlwed'and app rowel by the.City 1l armee.
M
l i{ i 1..._ i 7Y' _ `Fs�. .m 1' � ✓ l T- O'. 1 (F (1,
t {.-^.-{•]A t. � T"i°<'tFrc _ �-Cr+' � �,tr����ri�'':
1
f
F
F3K 8832"214
Pap
Spece la3
l tent. site Pi's fleets..
ISS Esse. Street
S
b. All construction shalt be canductod is accordable with the following
conditlons: . 1
a. No work shall,,eossesmo before 7:00 a.n. on weekdays and 5:00 ass. a
on Saturdays• No work shall continue beyond 5:00 p.-. NO work q
shall be c.ndueted as Sundays at holiday..
b. All real oneble action shall be taken to atlnblte the n.gaelve
effects of construe Heft on abuttess.
c. A Clerk of the works shall be provided. at the expense of the q
developer, es it .sows necessary by the City Planner or Director ;
of P.bllc 5srvtcu. P
7. Ao-built plana, staa:ped by a {e{isce"d Profsssiensl Engineer or Land
Survgar. shall be subeltted prior CO lesuance of C"t'"races of
Occupancy. \
a. Any vtelatlen of t'ese conditlins will nswli in rArec.c len of this
Petah. • I _
I hereby certify t►At'a coal of.tills decision and plans have been filed
with the City Clark aha Copies *we w fib*ith the Plalng th Uosrclslon
This Specl.l Pelt shall wt take dtaeyuncil a COPY of
bearta{ tM cetti Ueatiaa.of tha,pi y Ole
rt.t lot twenty (20) days h.ve
e bpsed aha m appeal bu beve.flba of that if such appeal Au been
tiled, and It het Mo di"S" or denied. fn "corded Is the Issas
County 9e51atry of coeds.aha Is,1nMttd /t the geomor.I Nor unasr the
nam o[ cM ownnR .f recud Or It recorded Ise the ewnsr•t certificate of
titl . The foo fh
P,I
e `n sesWly;R.,"{taNtln{ still ha paid by the owner
or
wsltgt {. Power, III �.
_t Chatrvn
. ...... -AA_-pBA4
CSWI hereby CertiGore the ..ered ::at NOA true Copy
A!TEST
I
of alem, � ttssttcl#use##s.
Paurb of E�ppral
FILE ;
AMENDED DECISION ON THE PETITION OF MALL REALTY TRUST FOR
VARIANCES FOR 188 ESSEX STREET CI '
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 buildingor structure involved and wh idi are not generally
he same district;
and structures in t ,
- affecting other lands, buildings _
b. literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner ;and i
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. t
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 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. Pepitioner plans to petition the Salem Parking Authority to secure
parking for the project. If
• I
i
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 andwithout nullifying or sib stantially derogating from the
intent of the district or. the- purpose of the, Ordinance
Therefore, the Zoning- Boardof;Appeal voted unanimously_„ 5 0,_.tn grant the following
Variances from Table ] l.,_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 Z;
3. Paragraph (5) . Minimum side yard setback from the required
five (5) feet to allow side yard of zero,
R ID .THE P Amy :.Wn,htri.
..4 _� 3%YI.v LJb. :Y. hS a♦ k:l. . ."_I:.. � s L :Y .L � � ..� .�. _
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
dames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
i
- I
Cur.�:L AD' P RS�A: Tc '7 Sr 'c
Uu.S. CHAP-;I: <J$: e YH`.LL Er 2D DA°S r :r_ :,TE Or r ::
EF -E, S DEC!S^L Cc THE JFS, E OF THE CIT-) CLLR 1.
RECOF.DED IN THE SOUTH ESSEX IEI;STF.'i . DELLS APIC I;,..E%ED -... THE .1E Or THE
OF RECJRD OR IS RECORDED AND NOTED OF THE 07iJER'S CERTIFICATE CF TITLE.
BOARD OF APPEAL
I i
I — fr