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290 Canal Street Statement of Hardship To: The Salem Zoning Board of Appeals From: The Residences on Canal St, LLP for Jeds Realty Trust Date: April 23, 2025 RE: Statement of Hardship (for Variance) for 290 Canal St, University Fuel 290 Canal St has existed for decades, and currently exists, as ‘University Fuel’ - an automobile service and fuel statfon with two fuel islands and vehicular access in/out along both Canal St and Kimball Rd in a highly porous fashion. The business offers an automatfc car wash bay, car detailing bay, state inspectfons and both regular gas as well as diesel fuel filling via two separate gas dispensing islands (one on Canal, one on Kimball). Since opening, the operatfon has existed along Kimball Rd in a ‘sea of asphalt’ due to the expansive parking lot of the prior Bertfni Restaurant that lacked any definitfon for Kimball Rd for cars and pedestrians. The permitted 250-unin PUD project at the Bertfni site aims to bring vehicular and pedestrian order along with good street design to Kimball Rd. The applicant is ‘The Residences on Canal St, LLP’ which is the abutter located across Kimball Rd (a private road) immediately north of 290 Canal St. As such, both 290 Canal and The Residences on Canal St, LLP jointly share ownership of Kimball Rd to the centerline. The applicant was issued a Planned Unit Development (PUD) permit from the Planning Board on July 27, 2023, for the development of a 250 unit mixed-use apartment project that is now currently under constructfon. The project filed for an amendment later in 2023 and received a revised PUD decision on February 16, 2024. As part of the revised PUD decision, the planning board issued a conditfon that reads as follows: The above-referenced conditfon is the reason we are filing for relief to the ZBA today. University Fuel, at some point in its history, was granted approvals to operate a diesel fill statfon along Kimball Rd when there was no stfpulatfon to define sidewalks, walkways, roads, or markings to guide cars and pedestrians along Kimball Rd. Commercial vehicles, accessing 290 Canal from the Kimball Rd curb cut require additfonal space to maneuver in and out of positfon to access/depart the diesel fuel service island. Typical patrons of diesel fuel have trucks and trailers or are longer attached/detached vehicles that require an extended flush surface to maneuver. In the prior conditfon of Kimball Road, with the expanse of pavement, these vehicles used that pavement area for maneuvering. However, with the improvements to Kimball Road approved as part of the PUD, a conventfonal 24’ wide curb would render access to the diesel fuel service island impossible. The applicant, in concert with 290 Canal, and the City, over the process of reviewing and approving the PUD, have endeavored to make certain shown improvements to Kimball Rd to improve pedestrian and vehicular circulatfon and safety for those who utflize it. This includes not only the future residents of the 250-unit PUD development, but also residents that live on Kimball Rd and Bertfni Lane and the Jefferson Ave neighborhood at large who use Kimball/Bertfni as a cut through to and from Canal Street These improvements must take into consideratfon an existfng business at 290 Canal Street so as to not detrimentally impact it’s longstanding fuel statfon operatfons. The improvements to Kimball Road include adding sidewalks where none exist now, pavement markings and signage, curbing, landscaping, trees, and new pavement so that the road is brought into substantfal compliance with the Salem Subdivision Regulatfons and Salem Engineering standards. One improvement that cannot be accomplished without detrimentally impactfng 290 Canal Street is a full curb and sidewalk along its frontage on Kimball Road. A 24’ wide curb cut is simply not adequate and will effectfvely cut off access to the property to the diesel fueling statfon and for fuel trucks that need to fill the tanks. Therein lies the basis for this applicatfon to the Zoning Board of Appeals. The applicant is respectiully requestfng, to the extent the Board rules one is necessary, a variance from strict interpretatfon of Sectfon 8.2.3.1 of the Salem Zoning Ordinance Entrance Corridor Overlay District to allow for a flush sidewalk and curb along the frontage of Kimball Road for 290 Canal Street in leu of a raised curb and sidewalk and a 24’ wide curb cut. For all intents and purposes, the curb cut will be identffied through these improvements. It simply must be flush so that the gas statfon is not cutoff from access by fuel refilling trucks and vehicles accessing the diesel fuel statfon. We concurrently request that the board consider the exceptfon wording of Sectfon 8.2.2.2 of the Ordinance which states that the Entrance Corridor Overlay District Requirements are not applicable for a PUD Permitted development. If the variance is found to be necessary, the applicant is tasked with proving that a hardship exists to substantfate the variance. Hardships are defined as circumstances owing to irregular lot shape, adverse topography or poor soil conditfons that prohibit strict compliance with the ordinance. In this instance, the existfng placement of the diesel fuel filling structure on the property, qualifies as an irregular lot shape hardship. Strict enforcement of the Ordinance would create substantfal financial hardship for the owner of 290 Canal Street by cutting off access to his fuel filling statfon by commercial vehicles and fuel trucks. In additfon to the hardship, the applicant must also demonstrate that grantfng of the variance will not cause substantfal detriment to the public good will not nullify or substantfally derogate from the purpose and intent of the Ordinance. Let’s address the public good first. As noted above, the improvements to Kimball Road noted above will significantly improve pedestrian safety and vehicular circulatfon at the busy Canal Street intersectfon. It takes only a few minutes standing at this intersectfon to see how dangerous it can be in the existfng conditfon, especially for pedestrians. The improvements will create visual and physical vehicular controls in normalizing the intersectfon and Kimball Road in stark contrast to the existfng, wide open expanse of pavement. Turning movements of vehicles will become predictable and pedestrians are awarded multfple safe passages in defined walking routes along both sides of Kimball Road. This is a significant public benefit that will be enjoyed by all who utflize Kimball Road. The public also will not be denied access to using University fuel by balancing the public safety aspects with the operatfons of the existfng fueling statfon. Let’s now address conformance with the intent of the Ordinance. The improvements will be completed in a manner that is substantfally in conformance with the intent of the Entrance Corridor Overlay District. Granite curbing will be installed throughout. Concrete sidewalks complying with MAAB handicap access codes. Street trees to define the road and create a pleasant experience that is familiar to other city streets. Except for the curb and sidewalk being flush on the 290 Canal Street frontage on Kimball Road, for all other intents and purposes, the work is in substantfal compliance with the Zoning Ordinance. As a final note, the applicant wishes to make it clear on the public record that 290 Canal Street has no financial stake in these improvements or the PUD development across from Kimball Road. The owner has been very cooperatfve and collaboratfve in working through a solutfon that achieves the public safety improvements on Kimball Road while under no obligatfon to do so. The owner has expressed legitfmate concerns about the impacts that these improvements can have on University Fuel which the owner has operated for over 30-years. The plans put forth with this applicatfon have been extensively vetted by the applicant, owner of 290 Canal Street and city planning, traffic and engineering staff over the past year. In conclusion, the applicant respectiully requests that the Zoning Board of Appeals take the following actfons: 1. Determine if a variance is necessary per Sectfon 8.2.2.2 of the Zoning Ordinance; 2. If a variance is necessary, find in favor of grantfng the requested variance from Sectfon 8.1,3.1 to allow for a flush curb and sidewalk along a 99’+/- length of frontage on Kimball Road rather than a defined 24’ wide curb cut. Looking South from Kimball/Canal Looking West down Kimball Rd. Looking West down Kimball Rd. (showing approximated proposed improvements) Looking East towards Canal St from Kimball Rd. Looking East towards Canal St from Kimball Rd. (showing approximated proposed improvements)