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24 Fort Avenue Statement of Grounds and Statement of Hardship 4931-0247-8897.7 Statement in Support of New England Power Company Application to City of Salem Zoning Board of Appeals for Grant of Special Permit and Variance for Expansion of Electric Substation at 24 Fort Avenue, Salem, Massachusetts New England Power Company (“NEP”) is seeking approval from the City of Salem Zoning Board of Appeals (the “Board”) for grant of a special permit under Sections 3.3.2 and 3.3.3 and a dimensional variance under Section 9.3.2 of the City of Salem Zoning Ordinance (the “Zoning Ordinance”) in connection with the expansion of an existing electric substation known as Salem Harbor Substation #45 (the “Substation”) located at 24 Fort Avenue in Salem. I. Background and Project Scope. The Substation is located within an approximately 3.4-acre portion of the 23.7+/- acre parcel of land at 24 Fort Avenue (the “Substation Property”) by virtue of an easement,1 and is entirely within the Industrial zoning district and the Coastal Resiliency Overlay District (“C- ROD”). The primary components of the Project include construction and/or installation of the following: (i) various substation-related equipment and facilities, including, but not limited to, transformers, circuit breakers, dead-end structures, bus supports and associated foundations; (ii) a new approximately 2,240 square foot 23kV metal-clad switchgear power center (the “New Building”); (iii) an approximately 118 square foot bathroom building; (iv) crushed stone fill; (v) limited grading; and (vi) bituminous concrete pavement system for vehicular access to equipment (collectively, the “Project”). The Project will also include the demolition and removal of some existing substation-related structures, equipment and facilities (i.e., circuit breakers, transformers, foundations, etc.) that are beyond their useful service life. II. Requirement for Special Permit. The Substation Property has been continuously used for essential service use since the 1950’s when the existing Substation was originally constructed. The Substation has been upgraded over the years, including an expansion in 2004 pursuant to a special permit granted by the Board for the alteration and/or extension of pre-existing nonconforming structures and use.2 The Table of Principal and Accessory Use Regulations of the Zoning Ordinance provides that “Essential Services” use is permitted by grant of a special permit from the Board in the Industrial zoning district, and, therefore, similar to the 2004 special permit, a special permit is required for the Project for substantial extension of the pre-existing nonconforming substation use. 1 The easement is recorded in the Southern Essex Registry of Deeds in Book 40826, Page 97. The Substation is located within a parcel of land owned by Salem Harbor Development, LLC and identified in the Salem Assessor’s property records as Parcel 41-0271-0. A small portion of the Substation is located within a parcel of land owned by Salem Wind Terminal LLC and identified in the Salem Assessor’s property records as Parcel 41 -0339-0. A separate and detached part of the Substation is also located within an approximately 15,000 square foot portion of the site by virtue of another easement, however, no Project work is occurring within this area. 2 A copy of the 2004 special permit decision is submitted with this application. 4931-0247-8897.7 In addition, the Substation Property is located within the C-ROD and NEP will need to file for site plan review with the Salem Planning Board. III. Reasons for Grant of Special Permit. Any adverse effects of the proposed use and extension will not be substantially more detrimental than the existing nonconforming essential services use to the neighborhood, and the Project satisfies the special permit criteria set forth in Section 9.4 and Sections 3.3.2 and 3.3.3 of the Zoning Ordinance as follows: 1. Social, economic, or community needs which are served by the proposal. The Project is necessary to improve overall reliability of electric service to the City and to address issues relating to system performance, public safety and forecasted capacity. The existing equipment is decades old and needs to be replaced in order to mitigate the risk of power outages. The Project is part of an overall plan by National Grid to accommodate existing energy usage together with anticipated increases resulting from local area growth among residents, businesses and institutions. Failure to construct the Project would put businesses, residences and institutions at risk of not having continued reliable electric service, and could potentially deter or delay future economic development projects for the City. Given the economic, neighborhood and waterfront development goals of the City, the proposed Substation is necessary to provide adequate capacity to support both short- and long-term needs, and to deliver reliable power for current customers and future economic development of the City. The Project is in harmony with the general purpose and intent of the Zoning Ordinance, and will not create a nuisance, hazard, congestion or concerns pertaining to health, safety or general welfare. There will not be substantial harm to the neighborhood or derogation from the intent of the Zoning Ordinance as a result of the Project, but rather, the Project will enhance the current use by modernizing and improving the appearance, design, operation and quality of the existing facilities at the Substation Property. Except for the dimensional variance requested herein, the proposed Project facilities will fully comply with the Zoning Ordinance. 2. Traffic flow and safety, including parking and loading. The Substation, as improved under the Project, will continue to be an unmanned facility and closed to the public, and, therefore, the Project will not result in increases in traffic volumes or negative impacts on adjacent streets and ways. Traffic generated by the Substation will be limited to service vehicles of personnel performing routine inspections, testing and equipment maintenance, as necessary, and, therefore, no parking or loading spaces are required. However, there will be adequate areas for parking, loading and unloading, when necessary. The Project will not have any negative impacts on on-street parking. The Project will not create any line of sight hazards along streets. The Project will continue to use the existing driveway layout and curb cuts along the street that has provided for 4931-0247-8897.7 safe and efficient vehicular traffic flow to and from the Substation Property, and will not result in a nuisance or hazard to vehicles or pedestrians within or off the Substation Property. The internal access leading up to the Substation security fencing will not change and provides sufficient widths and turning radii necessary to safely accommodate large emergency vehicles. 3. Adequacy of utilities and other public services. The Project will not burden city services or infrastructure in any material way, including, but not limited to, public water supply, drainage or sewer services. A single unisex bathroom has been included in the design to comply with recent changes to the State Plumbing Code. A water service will be installed and connected to the existing water main in Fort Avenue requiring a bathroom for unoccupied facilities. A sewer line will be connected to an existing sewer manhole on the property. All necessary utilities will be provided to adequately serve the Substation, which will continue to be an unmanned facility. 4. Neighborhood character; The Substation use, as extended, is not substantially more detrimental than the existing nonconforming use to the neighborhood. The Project is compatible with the present character of the neighborhood and abutting industrial properties. The Substation Property has been used as an unmanned electric substation for over 65 years and is merely undergoing necessary upgrades in order to improve the overall reliability of electric service and operations of the Substation, and will continue to be appropriately screened and buffered with mature evergreens along Fort Avenue. The Project will enhance the aesthetic appeal of Property and surrounding areas, by removing existing substation facilities and structures that are outdated and showing signs of wear. Granting this relief will promote the highest and best use of the Substation Property, and the kind, size, height and nature of the Project improvements will not be detrimental to, adjoining properties or the neighborhood will have no negative impact on or adversely affect the neighborhood, as the Project’s use is consistent with the existing substation use. The New Building and Substation facilities are unique and not intended to reflect the design, character, materials, scale or landscaping elements of a typical industrial or residential property. However, the proposed facilities, design and layout of the Project are consistent with substations commonly operated by National Grid and other public service corporations. NEP has designed the Project such that the proposed equipment and facilities are within the smallest footprint practicable. The new equipment will be set back from Fort Avenue and a significant distance from residential properties. The new equipment will be visually screened from the surrounding neighborhood to the extent practicable by the proposed security fencing that will have small 1-inch mesh and the existing evergreen trees that will be maintained along Fort Avenue. Existing equipment and structures that are no longer needed will be removed. The Substation Property is not within an historic district, contains no historic or cultural features, landmarks or designations and is not listed in the Massachusetts Cultural Resource Information System (MACRIS), the Inventory of Historic Assets of the Commonwealth, the National Register of Historic Places or the State Register of Historic Places. 4931-0247-8897.7 5. Impacts on the natural environment including greenhouse gas emissions and view. There are minimal natural terrain features or scenic landscapes or views at the Substation Property, and the Project will minimize, to the extent practicable, changes to the natural terrain as a result of the Project. The Property is outside of any aquifers or groundwater protection zones and ecologically sensitive areas, and there are no wetland resource areas on the Property. The Project will not have any adverse impact on the groundwater supply, and will not create harmful levels of greenhouse gas emissions or other air pollution. The operations of the Substation facilities under the Project are not expected to result in any increase in noise levels that would be noticeable at any abutting properties due to the low noise levels generated by sound sources at the Substation, significant distance of such sound sources to property lines, mitigation of other structures and equipment and landscape buffers, ambient noise levels and limited number of visitors to the site. The sound levels at the Substation Property lines will be at or near the existing ambient sound levels. There will be no deleterious effect on neighboring properties as a result of the proposed lighting for the Project. The Project will not result in any increase in impacts with respect to light or glare that would be noticeable by any abutting properties. Outdoor lighting will be compatible and in harmony with the existing lighting of the surrounding properties, will be adequate for security and safety purposes and will be installed and directed in a downwards angle towards certain Project facilities and away from neighboring properties. Such lighting will be mounted affixed to substation structures, and will be mounted at heights that are sufficient to provide efficient light coverage for safety and security purposes. Minimal lighting may be left on overnight for safety and to deter trespassing, including courtesy lighting over the control house doors. All proposed new lighting will be located a significant distance from the nearest public way. The proposed drainage and site design layout of the Project improvements are designed to reduce any susceptibility of ponding, flooding and erosion. The best management practices for stormwater have been incorporated into the design of the Project and will be adequate to manage stormwater runoff generated by the Project and satisfy the requirements of the Zoning Ordinance and the Massachusetts Department of Environmental Protection Stormwater Standards (DEP Standards). Appropriate site erosion and sedimentation controls will be implemented and maintained during construction. Limited excavation and grading work is contemplated for the Project, and the site will remain stabilized during and after the construction phase. A portion of the property is located within Flood Zone AE, however, the substation is outside of the flood plain. 6. Potential fiscal impact, including impact on city services, tax base, and employment. The Project will not burden city services or infrastructure, including, but not limited to, public water supply, drainage or sewer services, schools or public safety services. The 4931-0247-8897.7 Substation will generate minimal amounts of refuse and waste, and operation of the Substation will not use city refuse collection services. Completion of the Project and energization of the Substation provide additional real estate and personal property tax revenues for the City. The proposed upgrades and improvements to the Substation will promote the economic vitality and employment growth of the City and surrounding communities. IV. Requirement for Variance under Section 4.1.1. Section 4.1.1 of the Zoning Ordinance requires a minimum side and rear yard setback of 30 feet for properties in the Industrial zoning district. Certain substation equipment and facilities will be located as close 9.8 feet from the side lot line and 0 feet from the rear lot line, and, therefore, variances are required from the Board pursuant to Section 9.3.2(3) of the Zoning Ordinance. V. Reasons for Approval of Variance under Section 9.3.2(3). The requested variance under Section 9.3.2(3) should be approved by the Board for the reasons stated herein. 1. Hardship: Owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Ordinance would involve substantial hardship, financial or, otherwise. The shape and conditions of the lot are unique in the zoning district given that the Substation is located within an easement on two parcels of land that are not in common ownership (although the parcels are owned by corporate affiliates), the Substation Property is located near the Flood Zone AE and the Substation Property contains existing structures and equipment that limit where any new facilities can be safely located. Unlike other properties and uses in the zoning district and elsewhere, the Project must comply with electrical safety and clearance requirements (among equipment, facilities, fencing and property lines), standards and codes, including, but not limited to, the National Electric Safety Code. There is very limited space available to properly and safely arrange all of the required equipment, structures and facilities at the Substation Property, which results in the proposed new equipment being closer to the Substation Property line and within the minimum rear yard setback. The existing Substation equipment also limits the developable area for the Project because, in order to avoid outages, the existing equipment cannot be removed, de-energized and/or de-commissioned until the new equipment and facilities are fully-constructed, installed and energized. These conditions especially affect the Substation Property and not surrounding properties such conditions eliminate possible alternative substation layout designs that could utilize other portions of the lot and reduce the area needed in the rear yard. The proposed Project layout is necessary to accommodate the Project facilities within such challenging conditions. Therefore, due to reasons pertaining to the location of the existing facilities, lot shape, safety, 4931-0247-8897.7 security and operations, certain equipment must be located within the minimum rear yard setback as shown on the submitted plans. NEP would suffer substantial hardship if literal enforcement of the rear yard setback requirement was to be enforced, as there would not be sufficient clearance area to accommodate the new Project facilities at this location. The Project facilities cannot be safely redesigned or reconfigured in a manner that will comply with the minimum rear yard setback requirement. Therefore, if the requested variance is not granted, NEP would have to acquire rights to abutting properties or a new site in which to construct a new substation or expand another existing substation site. There are no such alternative sites available in close proximity to the Substation Property and the transmission line corridor, and, even if a reasonably alternative site became available, it would be cost prohibitive to perform due diligence on, acquire rights to and design and construct facilities at such an alternative site. Moreover, the Project is highly time-sensitive and development at an alternative site is not feasible as it would significantly delay energizing necessary electric infrastructure improvements, and, therefore, put at risk the reliability of electric service in the City and surrounding communities. 2. Public Good: Desirable relief may be granted without substantial detriment to the public good. The requested relief may be granted without substantial detriment to the public good. The existing Substation is pre-existing nonconforming with respect to minimum rear yard setback requirements, and the expanded perimeter fence is proposed only in order to accommodate the new facilities. The Substation, as improved under the Project, will continue to be screened and buffered from properties along Fort Avenue. The New Building and other substation-related facilities will be a safe distance from roadways and property lines. The nature and purpose of the substation use under the Project is for the public good and benefit. The proposed upgrades and improvements to the Substation will promote the health, welfare, safety, economic vitality and growth of the City and surrounding communities by improving the capacity and reliability of electric service in the area. 3. Intent of Zoning Satisfied: Without nullifying or substantially derogating from the intent of the Zoning Ordinance. The requested relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance. The Project is consistent with the general purpose and intent of the Zoning Ordinance, and will not interfere with or negatively impact the resources protected thereby. The electric substation use is the most appropriate use of the Substation Property, which has been used as an electric substation for decades and contains existing substation infrastructure that is outdated and in need of replacement. The Substation will continued to be adequately screened and buffered from Fort Avenue. Given that the Substation will continue to be an unmanned facility there will be no increase in traffic volumes.