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234 ESSEX STREET - HARRIS, CARL - ZBA 234 Essex St. (D-5) UDAG (PETITIONER) , _ Town House Sq. Rity Tr. (o J Carl Harris, Tr. (owners) f � . muTy. « aIgnt. �2ISSttC�IISp�fB DECISION ON THE PETITION OF URBAN DEVELOPMENT ACTION GROUP; INC. FOR A VARIAIIC', AT 234 ESSEX ST. A hearing on tnis petition was held Junei,�, 9811 t1ft%following Board Members present: .James Hacker; Chairman; Messrs. , a ca , eming, Luzinski and Strout. Notice of the hearing was sent to abutters ewd others and notices of the hearing were properly published in the Salem Even ng News in accordance with Massachusetts General Laws Chapter 40A. CITYCt.-. �.'.:EM,M�ii• Petitioners are requesting a Variance from minimum parking requirements to allow . thirty four (34) dwelling units in this B-5 district. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect :the land, building,cr 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 in- volve substantial hardship, financial or,otherwise; -to peti-tioner; 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. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . The building is located in the B-5 area. . 2. It is impractical for underground parking due to the close proximity of the train tunnel which runs under Washington Street; 3: No existing business will relocate and existing businesses will be allowed to operate as they are presently with the exception of the furniture store which has already announced it's intention to close; 4. Construction as shown on the plans should retain or add to the current retail activity and stimulate small businesses; 5: This project will provide for new business to relocate in Salem and therefore create jobs; 6. This project should substantially increase the tax revenue on this property; . 7. There was major neighborhood support and petitions presented in favor. On the basis of the above findings of fact, and on; the evidence presented at the hearing, the Board of Appeal concludes as follows:" Dear Board of Appeals Members : r I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers, Urban Development Action Group. NAME 'e� (�JdGtCC ADDRESS JACKS 185-189 Essex St. SIGNATURE Salem, MA w9w) JACK'S 020FIAY ,-. 185.189 ESSEX St.Salem, MA 01970 BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 Ilflllllllllll "bear Board of Appeals Members: I I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my namejin favor of the variance for off site parking being sought by the developers , Urban Development Action /Group. NAME s—/�}}� _I� J l /�I j Z iv G^ Y ✓� ADDRESS ( Q <f} F-N 'C f 7 �- rT SIGNATURE �, PM ; p U- � 2iMAy�Oo .0 BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 e Dear Board of Appeals Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers , Urban Development Action Group. NAME /7C/G Z/ ADDRESS 3,1_W A-V 11 '7- ,Sj�ZZW4 SIGNATURE 4 '/ / �,✓ C'� 2N"- f-YY o m " �- BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 Dear Board of Appeals. Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers , Urban Development Action Group. NAME sDoA)A/N ADDRESS SIGNATURE DM m 0 0= � 21 IdAY r .Id.SA. BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 st Dear Board of Appeals Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers , Urban DeVelopment Action Group. NAME ADDRESS SIGNATURE - U'� <'b."°usn , 14 , CENTRAL SZ:: : MA. 01970 BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 IILiiiiiiliifiit,iilllliffill l �a^a Dear Board of Appeals Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix- use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers , Urban Development Action Group. �� gg NAME ADDRESSD/`174 SIGNATURE V �i�Lyfyit�lc �` �'1�ESSfF' nc air�I'ewis , 14 BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 ,8� Deat, Board of Appeals Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers , Urban Development Action Group. NAME A?, ADDRESS ry, SIGNATURE P M v sp.s�nc1'Ii 5r'"L''jits ' - 14 / BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 Dear Board of Appeals Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers , Urban Development CAlcctiion Group. NAME "/jQ/,t PeoAlcrATJ ADDRESS SIGNATURE e--4-T3 p . ew - 2: MPY ....:.. BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 Dear Board of Appeals Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers, Urban Development Action Group. NAMEA LU 6 ���ti7 i/ VYLQ �Cc�J ADDRESS SIGNATURE c PM a .�..'�� � 20 MAY e BOARD OF APPEALS City "Hall One Salem Green Salem, MA 01970 Dear Board of Appeals Members : I have been presented the facts for TOWN HOUSE SQUARE PLACE, a mix use development consisting of residential and office condominiums . Please record my name in favor of the variance for off site parking being sought by the developers , Urban Development Action Group. NAME THE SALEM INN � 7 SUMMER ST. SALEM, MA.01970 ADDRESS SIGNATURE �C�"- ' S — Sinyclaii:I'ewis i USA BOARD OF APPEALS City Hall One Salem Green Salem, MA 01970 DECISION ON THE PETITION OF URBAN DEVELOPMENT ACTION GROUP, INC. FOR A VARIANCE FOR 234 ESSEX ST: ; SALEM page two 1 . Special conditions exist which especially, affect this building but i do not affect the district generally; 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioners; 3. The relief requested can be granted would substantial detriment to the public good and without nullifying or substantially 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 Variance requested under the following terms and conditions: 1 . Petitioner must include in the Condominium Documents the provision for the Condominium .Association to purchase from the City of Salem a minimum of eight (80) parking spaces at either Riley Plaza or the City of Salem Parking Garage annually, 2. Petitioners are to work closely with the Salem City Planner so that he will approve the final plans for the street scape at the rear and the side of the building other than the Washington and Essex Sts. side; 3. .Mall area as indicated by .plans are to be opened to the public so as to assure access from Washington St. to the,,public parking lot; 01 i 4. The City will not, now or ever; be responsible for rubbish and trash removal; 5. If the City chooses to put a second tier for parking on the Sewall Street parking lot, the developer will work with the City Planner to arrange an agreement for the developer to help defray the cost to .the City of Salem. VARIANCE GRANTED games B. Hacker., Chairman 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 11 OF THE MASS. GENERAL LA:`rS. CHAPT'.P. COS. AN) SK-L BE FILER WI'f:IH 20 DAYS AFTER THE DATE OF FILL•G OF THIS DECISIOR IN lTl_ OFFICE OF THE CITY CLEP.K. S. SE'-l. it THE l^c. c rc - •. v :-.ANTED HEREIN• Sh?'_L r: a r . ILA CC PY C' TPE ` rrF � ..p r.rc H`frc .t r E L h 'ED. L R THAT LF S AN i I - ,r VR THAT. IF SJ ° R.! nPPr r I.S ° r LE. it n Ir r. 5 �c r v' .J''ca' R J:°. isT REC^@DED IN THE S^•JiH ESS.'/. REJSTRt CF DEEDS A h D I' V.ED Uv EP °_ :.n E �r HE CFi i.": OF RECORD OR IS RECORDED AND k--TED ON THE OPENER'S CERTIFICATE OF TITLE. . - BOARD OF APPEAL RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN SALEM, MASSACHUSETTS 01970 MICHAEL J. HARRINGTON GLOUCESTER OFFICE: JACOB S.SEGAL (617)744-0350 81 PROSPECT STREET MARY PIEMONTE HARRINGTON GLOUCESTER,MA 01930 DEBRA RAHMIN SILBERSTEIN (617)281-5505 JOHN H.RONAN GEORGE W.ATKINS,III FILE NO.B-733 1 PAUL G.CROCHIERE June 29 , 1987 Board of Appeal c, C-- City of Salem v Salem, MA 01970 o ATTENTION : James Hacker Chairman r l;1 RE : 234 'Es3ex Street im Salem, MA N U Gentlemen : Pursuant to M .G .L . Chapter 40A , Section 10, a six ( 6) month extension is respectfully requested to exercise the rights granted to the undersigned by a Variance duly recorded at the office of the City Clerk on July 8 , 1986 , Thank you in advance for your anticipated cooperation in this matter . Respectfully submitted , URBAN DEVELOPMENT ACTION GROUP by its attorney, aco tiega JSS/pol � o r e: e a e�e�N oe�r CITY OF SALEM MASSACHUSETTS ANTHONY V.SALVO MAYOR May 23, 1986 Mr. James Hacker Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Hacker: I am writing to lend my support for the proposed Town House Square Place project. Over the past several years, my Administration has attempted to encourage new activity within our downtown through the development of first class office space and residential uses within our older, historic buildings. Such development will significantly assist and complement our efforts of retaining our retail core, and of generally improving our central business district. Town House Square Place is an example of just such a development. This project will include a complete exterior and interior renovation of the buildings involved, with the historical and architectural significance of each being fully restored. In addition, it will provide 78,500 square feet of first class office space which will bring increased business and daytime activity. The proposed residential condominiums will enhance the 24—hour presence of people within our downtown and further promote activity within the area. Finally, approximately $250,000 of annual tax revenue will be generated. The T.R. Kerr Building is a vital historic structure which is strategically located within our downtown. It is imperative that the City take the actions necessary to make certain that this building, and the other buildings included in this development project, are restored and reused in a fashion which will further enhance our downtown. I hope the Board will support this proposal. Sincerely, arA 67�� Anthony V. Salvo Mayor We the undersigned do hereby waive, all rights with regard to time limitations for Board of Appeal decision on ,th'e^petition concerning the following property: 2 3 DATE ETITION and/or ATTORNE (Salem Chamber of Commerce OLD TOWN HALL-32 DERBY SQ_SALEM,MA 01970-(61])]44 0004 June 18, 1986 Wei the undersigned, support the project known as "Town House Square Place", as a positive addition to downtown Salem, and urge the Board of Appeals to vote in favor of this project. 5115MRARE ,417b ESS a �jud5� llo� (Salem Chamber of Commerce OLD IOWN HALL -112 DERRY SQ SALEM,MA 01970_11,17)744(OW June 18, 1986 We, the undersigned, support the project known as "Town House Square Place", as a positive addition to downtown Salem, and urge the Board of Appeals to vote in favor of this project. SZGN0.TI/KE ADDRESS I?* a(.1/1,tsi �a��� y l2lJhl�lr f� `� ,fC�47 - -d ] 5 �sns�xP� . r3cSZ &lem Chamber of Commerce OLD TOWN HAI1-32 DERRY SQ..SALEM.MA 01970 -11171714 OWN ,June 18, 1986 We, the undersigned, support the project known as "Town House Square Place", as a positive addition to downtown Salem, and urge the Board of Appeals to vote in favor of this project. SlgmTL lZE ADDRESS C2 /6 too � ��� SA-Q ten, f'l,4 Of ?7, (Salem Chamber of Commerce 01 D TOWN HALL-32 DERRY SQ_SALEM.MH 01990-16M744(XH June 18, 1986 We, the undersigned, support the project known as "Town House Square Place", as a positive addition to downtown Salem, and urge the Board of Appeals to vote in favor of this project. SIC7MTIM ALUZESS q s l �l 3 �2 lin. 1 I C 14 A \A-� G/- G3 ; �= Gesso n/ R sa c / ltitln I l'�� S q C 1 vt �G� �� � (Salem Chamber or Commerce OLD TOWN HALL — 32 DERBY SQ., SALEM, MA 01970 — (617)744-0004 � d June 3, 1986 'Ne, the undersigned, support the project known as "Town House Square Place", as a positive addition to downtown Salem, and urge the Board of Appeals to vote in fr,.vor of this project. SZylab4ZURE A27bRFSS I� ! ymP;Re) ( . 33 & ra n i f-e Db -CA OPMUJ CO 5 Cdu�,bo-s Sn -err) ems, _z � 4"7 �<�CEJ �f G�! (Salem Chamber of Commerce OLD IOWN IiAI.I. -32 DI RBY SQ..SALT M.MA 01970-1618740.!11104 June 18, 1986 Wei the undersigned, support the project known as "Town House Square Place", as a positive addition to downtown Salem, and urge the Board of Appeals to vote in favor of this project. SIGNATURE ADbRESSS4h o, y / U�is2�GG�c) Las., 80rt G IV Mem Chamber of Commerce OI D rOW N I W I_-.92 DERRY SQ..SAI EM.MA 01970-(617)744II W June 18, 1986 We, the undersigned, support the project known as "Town House Square Place", as a positive addition to downtown Salem, and urge the board of Appeals to vote in favor of this project. SZGNkn9?E ADDRESS sxv elo S YY The Salem Inn —Ml 7 Summer Street tistary— \\ / ? d / �Q 7 Summer Street J Salem,Massachusetts 01970 (617)-741-0680 a 4T4 Salem Parking Department Board East India Square Garage (617) 745.8120 Salem, Massachusetts 01970 June 17, 1986 Board of Appeals City of Salem Salem, MA 01970 Dear Members of the Board of Appeals : The Salem Parking Department Board received a request for parking facilities from Urban Development Action Group, developers of the mixed use project at the site of T.R. Kerr building. On March 3, 1986, Mr. Burnham, representing the Developers , was afforded the opportunity to appear before the Board to present the request. The Salem Parking Department Board advised that upon payment of an annual fee, undesignated parking spaces are available at both Riley Plaza and the East India Mall Garage for the occupants of the proposed 34 residential units and their guests. Our experience indicates that ample places are available at both parking facilities. Very truly yours, i CHARD E. DALY 4I�Chairman RED/rl r � cowry BOARD OF ASSESSORS 93 WASHINGTON STREET. CATV HALL.SALEM, MASSACHUSETTS 01970 (617) 766-0660 s June 18, 1986 Mr. Donald R. Burnham Urban Development Action Group 5 Pirates Lane Gloucester, MA 01930 Dear Mr. Burnham: Based on the anticipated sales figures which you provided me for the development of the T. R. Kerr Building into mixed use condominiums, the total taxes generated by the project when completed will probably be in the range of $200,000 to $225,000 dollars. This figure is subject to adjustment based on the actual sales prices and upon action of the Mayor and Council in setting respective Commercial and Residential tax rates. As a basis of comparison, the property was assessed for $14,135.89 in taxes for fiscal year 1985. In addition, a total tax bill of $200,000 would represent one of the ten largest individual sources of real property tax revenue in the City. Vere_ truly ocrs,, � v Peter M. Caron Chief Assessor PMC:mjg c�cvti mr4( 0 Y x: e F•1 � a CITY OF SALEM MASSACHUSETTS ANTHONY V.SALVO MAYOR May 23, 1986 Mr. James Hacker Chairman Board .of Appeal One Salem Green Salem, MA 01970 Dear Mr. Hacker: I am writing to lend my support for the proposed Town House Square Place project. Over the past several years, my Administration has attempted to ' encourage new activity within our downtown through the development of .first class office space and residential uses within our older, historic buildings. Such development will significantly assist and complement our efforts of retaining our retail core, and of generally improving our central business district. Town House Square Place is an example of just such a development. This project will include a complete exterior and interior renovation of the buildings involved, with the historical and architectural significance of each being fully restored. In addition, it will provide 78,500 square feet of first class office space which will bring increased business and daytime activity. The proposed residential condominiums will enhance the 24—hour presence of people within our downtown and further promote activity within the area. Finally, approximately $250,000 of annual tax revenue will be generated. The T.R. Kerr Building is a vital historic structure which is strategically located within our downtown. It is imperative that the City take the actions necessary to make certain that this building, and the other buildings included in this development project, are restored and reused in a fashion which will further enhance our downtown. I hope the Board will support this proposal. Sincerely, a414 Anthony V. Salvo Mayor 1 �. WINE 0- Th6 Sal m nn 7 Summer Street dl .741 06M 7 Salem,M- ch tts 01970 (617) gm L7 7 gi -P g" -.-Fr W W, lal e�'>�Y"I It'll r3 .Y V --7 -7 Y-5 T---7-7-V�4: .......... e� APs ' f'a' \haw✓ (r `O�YIN p0„! CITY OF SALEM MASSACHUSETTS ANTHONY V. SALVO MAYOR June 18, 1986 Mr. James Hacker Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Mr. Hacker: I am writing to lend my support for the proposed Town House Square Place project. Over the past several years, my Administration has attempted to encourage new activity within our downtown through the development of first class office space and residential uses within our older, historic buildings. Such development will significantly assist and complement our efforts to retain our retail core, and will generally improve our central business district. Town House Square Place is an example of just such a development. This project will include the complete renovation of the buildings involved, with the historical and architectural significance of each being fully restored. It will provide 78,000 square feet of first class office space, which will bring increased business and daytime activity into the downtown. In addition, the proposed residential condominiums will greatly enhance the 24—hour presence of people within the area. Also of importance is the fact that approximately $250,000 of annual tax revenue will be generated. The City has also begun to investigate the possibility of the construction of a second level parking deck for the municipally owned Sewall Street Parking Lot. The addition of such parking would add approximately 85 new spaces to the 98, spaces which presently exist, and will certainly address concerns which have been raised regarding the availability of parking in the area. Wallace Floyd Associates, an architectural firm, is now preparing design plans for such a development. The Commonwealth of Massachusetts administers a program which provides funds for the construction of such facilities, and we will begin to work immediately to attempt to secure necessary funding. Mr. James Hacker June 18, 1986 Page 2 The T.R. Kerr Building is a vital historic structure which is strategically located within our downtown. It is imperative that the City take the action necessary to make certain that this building, and the other buildings included in this development project, are restored and reused in a fashion which will further enhance our downtown. I hope the Board will support this proposal. Sincerely, Anthony V. Salvo Mayor }