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CITY OF SALENI, MASSACHUSETTS
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September 24, 2012 -4
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Decision
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City of Salem Zoning Board of Appeals 3 D
Petition of ANDREW WEINSTEIN, TRUSTEE, MASON REALTY TRUST, requesting a Sgocial C
Permit to extend a nonconforming use by allowing parking of 12 school buses on the
premises of 38 COMMERCIAL ST AND 53 MASON ST(BPD Zoning District).
A public hearing on the above Petition was opened on September 19, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on September 19, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Michael Duffy, Jimmy
Tsitsinos, Annie Harris and Richard Dionne.
Petitioner seeks a Special Permit pursuant to Section 3.3.2 of the City of Salem Zoning
Ordinances.
Statements of fact:
1. In a petition date-stamped August 28, 2012, petitioner requested a Special Permit to
extend the nonconforming use of the properties located at 38 Commercial Street and 53
Mason Street, in order to park twelve (12) school buses on the premises.
2. Attorney George Atkins represented the petitioner at the hearing.
3. At the hearing, Ward 7 Councilor Joseph O'Keefe spoke in favor of the project, noting
the property had previously been used as a transportation terminal, and also that there
is a need in the city for this school bus service.
4. Also at the hearing, Arthur Parent, 39 Mason Street, stated that he opposed buses going
down Mason Street, since the traffic volume there is already heavy.
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The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief may be granted without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance.
The proposed use will not be substantially more detrimental to the neighborhood than the
existing uses. The Board finds this location is appropriate for the use, since the property has
had a history of commercial and transportation-related uses, and uses requiring frequent
entry and exit by trucks and trailers. Further, the applicant has stated that backup alarms
will be minimized in the early morning hours by backing vehicles into their spaces the night
before. The applicant has also agreed to make his best effort to divide bus trips between
Mason Street and Commercial Street to minimize impacts to Mason Street.
2. In permitting such change, the Board of Appeals requires certain appropriate conditions
and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals
voted five (5) in favor (Curran, Dionne, Tsitsinos, Harris and Duffy) and none (0) opposed, to
grant the requested Special Permit. A Special Permit under Section 3.3.2 is granted to allow for
the proposed bus parking use.
The Board of Appeals voted to grant petitioner's request for a Special Permit subject to the
following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board and Conservation
Commission.
4. First Student Inc. is to make their best effort to divide bus traffic evenly between
Mason Street and Commercial Street to reduce the traffic impact on Mason
Street.
Rebecca Curran, Chair
Salem Board of Appeals
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 17 of the Massachusetts
General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office
of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a copy of the decision
bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds.