BOA_16, 18, & 20R Franklin Street - Decision Extension (06.07.2021) CORRENTI & DARLING LLP
ATTORNEYS AT LAW
83 FEDERAL STREET
SALEM. MASSACHUSETTS 01970
JOHN E. DARLING /� TELEPHONE
JOSEPH C. CORRENTI April 28, 2021 978-744-0212
_ KRISTIN E. HOLICH FACSIMILE
978-741-4683
VIA ELECTRONIC MAIL
Mike Duffy, Chair
City of Salem
Zoning Board of Appeal
98 Washington Street
Salem, Massachusetts 01970
Re: Variances and Special Permit granted to property at
16,18 and 20R Franklin Street
Juniper Point Investment Co LLC
Dear Chair Duffy:
On behalf of the Petitioner, Juniper Point Investment Co LLC, I hereby request
allowance to extend the above permits, which expire on June 3, 2021 for six (6) months,
to December 3, 2021, pursuant to M.G.L. c. 40A, ss. 9 and 10.
Since the last extension, the Petitioner has purchased all of the site from the
former owner, has purchased the land in dispute from the City, and deeded a portion of
the land in dispute to the City. The Petitioner intends to go forward with the project,
however, additional time is necessary for the Petitioner to complete ongoing remedial
testing and state permitting. Therefore, the Petitioner respectfully requests that this
Board grant an extension through December 3, 2021 for good cause shown. Please
place this matter on the Board's May 19, 2021 meeting agenda.
Respectfully submitted,
Juniper Point Investment Co LLC
By its Attorney,
oseph C. Correnti
JCC:dI
CC' Juniper Point Investment Co LLC
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 C
KIMBERLEY DRISCOLL TEL:978-619-5685 X? C=
MAYOR
rn E
June 7,2021 r--
Juniper Point Investment Co LLC N
c/o Joseph C. Corrend,Esq. N
Corrend&Darling LLP
63 Federal Street
Salem,MA 01970
Re: Decision of the Zoning Board of Appeals to grant a six (6) month extension to Juniper Point
Investment Co LLC to exercise rights granted by the December 3, 2018 Board Decision that
approved special permits to change from one nonconforming use to another nonconforming use,
and variances from minimum required lot area per dwelling unit and maximum number of stories to
construct 42 residential units within five buildings at 16, 18 & 20R Franklin Street. The timeline to
exercise rights granted by the Decision was previously extended to June 3, 2021 by the Board of
Appeals.
The Salem Zoning Board of Appeals met on Wednesday, May 19, 2021 to discuss your request for a six (6)
month extension to exercise rights granted by the December 3, 2018 Board Decision that approved a special
permit to change from one nonconforming use to another nonconforming use, and variances from minimum
lot area per dwelling unit and maximum number of stories to construct 42 residential units within five
buildings.As noted in the letter to you dated April 28,2021 and was received by Staff Planner Lev McCarthy
on May 3, 2021, the timeline to exercise rights granted by the Decision was previously extended to June 3,
2021. The request before the Board on May 19, 2021 was to extend this timeline for a special permit and
variances an additional six (6) months, to December 3,2021.
On April 28, 2021, a letter from Attorney Correnti on behalf of Juniper Point Investment Co LLC was
submitted requesting a six (6) month extension. This extension would commence June 3, 2021 and expire on
December 3,2021.
As noted by representative Kristin Kolick in the May 19 meeting, since the last extension request the
petitioner acquired title of the subject land, and in the process of the deed transactions was able to settle a
longstanding deed dispute. The petitioner is continuing their permitting efforts. In resolving the land deed
dispute, the petitioner's land area has been reduced. The December 3, 2018 Board Decision describes 42
residential units within five (5) buildings. Due to the decreased land area, the petitioner now proposes 37
residential units within four (4) buildings. This decrease in buildings and units retains the same density
calculation as was permitted by the Board in the initial Decision. The petitioner is still pursuing State
permitting, including applications related to the Massachusetts Environmental Policy Act (MEPA) and
Chapter 91.
The petitioner will file updated plans with the Zoning Board of Appeals and Building Commissioner. The
Building Commissioner will review the plans in consultation with the Chair of the Board of Appeals. Any
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June 7,2021
Re:16,18&20R Franklin Street
changes that affect the zoning relief that was initially granted by the Board of Appeals will be brought back to
this Board.
The Zoning Board of Appeals voted five (5) in favor (Rosa Ordaz,Paul Viccica,Carly McClain,Peter
Copelas,and Mike Duffy (Chair)) and none (0) opposed to grant the requested six-month extension to
exercise the rights granted by the December 3,2018 Board Decision.
This determination shall become part of the record for this project.
If you require further information, please contact Lev McCarthy, Staff Planner, in the Department of
Planning&Community Development at 978-619-5685 or by email at levmccarthy@salem.com.
Thank you,
W;e/Z �*//�
Mike J.Duf CC: Ilene Simons, City Clerk
Chair
City of Salem Zoning Board of Appeals
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