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24 Fort Avenue ZBA Decision 03.24.2004 —Legai Notice CITY OF SALEM j BOARD OF APPEAL 745-9595 Ext 381 Will hold a public hearing for all persons interested in the petition sub- i mitted by NEW ENGLAND POWER r requesting a Special Permit to replace I existing underground cables, construct a single story control building and add ancillary equipment at its existing subs ! station located at the Salem Harbor - Generating Plant.The substation and plant are located in the industrial zoning district and all work will be inside the existing substation fence for the proper- ty located at 24 FORT AVENUE I.Said hearing to be held WEDNESDAY, MARCH 17, 2004 AT 6:30 P.M., 120 WASHINGTON STREET, 3RD ' FLOOR,ROOM 313. Nina Cohen Chairman E i o CITY OF SALEM, MASSACHUSETTS CITY OF vS AL BOARD OF APPEAL ��• pFFlCE A CL ERn 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL, (978) 745-9595 FAX (978) 740-9846 ,lOD4 MAR 3l, STANLEY J. USOVICZ, JR. 20 P rf MAYOR DECISION ON THE PETITION OF NEW ENGLAND POWER COMPANY REQUESTING SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 24 FORT AVENUE A hearing on this petition was held on March 17, 2004 with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Nicholas Helides, Joseph Barbeau and Bonnie Beiair. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit to replace existing underground cables, construct a single story control building and add ancillary equipment at the existing substation located at the Salem Harbor Generating Plant, the substation and plant are located industrial zone and all work will be inside the existing substation fence for the property located at 24 Fort Avenue I. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. 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 l 1 DECISION ON THE PETITION OF NEW ENGLAND POWER COMPANY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 24 FORT AVENUEI page two 1. Petitioner New England Power Company (NEP) is the operator of the electric substation on property owned by US Generating New England at 24 Fort Ave. To improve overall operation of the substations within the switchyard, New England Power seeks permission to replace existing protection and supervisory control systems within the substations and to upgrade some electrical devices and cables associated with the substations. 2. In order to house these P & C systems a new 38 ft. x 60 ft. control Ihouses will be built and a 100 kw emergency generator will be installed in and enclosure within the switchyard. All work will be done inside the existing substation fence. 3. As grounds for its petition, New England Power states that the proposed work is intended to improve operations of the existing substation, which will have a positive impact on the reliability of the electric grid serving the community of Salem and surrounding communities. The proposed building will be located between the existing substation building and the generating plant, and cannot be viewed from either Fort Ave or the harbor. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows; 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shell be done per the-plans and dimensions submitted and approved . by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and safety shall be Strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction Special Permit Granted March 17 20 04 Nina Cohen, Chairman Board of Appeal 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 MGL Chapter 40A; and shall be filed within 20 days after the date of filing of this.decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. CITY OF SALEM, MASSACHUSETTS C1TY OF,SaLEtj BOARD OF APPEAL CLERKS OFF( MA 120 WASHINGTON STREET, 3RD FLOOR E SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 J. STANLEY J. USOVICZ, JR. �y MAR 2t P 2= 34 MAYOR DECISION ON THE PETITION OF NEW ENGLAND POWER COMPANY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 24 FORT AVENUE A hearing on this petition was held on March 17, 2004 with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Nicholas Helides, Joseph Barbeau and Bonnie Belair. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit to replace existing underground cables, construct a single story control building and add ancillary equipment at the existing substation located at the Salem Harbor Generating Plant, the substation and plant are located industrial zone and all work will'be inside the existing substation fence for the property located at 24 Fort Avenue I. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. 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 t DECISION ON THE PETITION OF NEW ENGLAND POWER COMPANY REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 24 FORT AVENUEI page two 1. Petitioner New England Power Company (NEP) is the operator of the electric substation on property owned by US Generating New England at 24 Fort Ave. To improve overall operation of the substations within the switchyard, New England Power seeks permission to replace existing protection and supervisory control systems within the substations and to upgrade some electrical devices and cables associated with the substations. 2. In order to house these P & C systems a new 38 ft. x 60 ft. control (houses will be built and a 100 kw emergency generator will be installed in and enclosure within the switchyard. All work will be done inside the existing substation fence. 3. As grounds for its petition, New England Power states that the proposed work is intended to improve operations of the existing substation, which will have a positive impact on the reliability of the electric grid serving the community of Salem and surrounding communities. The proposed building will be located between the existing substation building and the generating plant, and cannot be viewed from either Fort Ave or the harbor. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows; 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shell be done per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and safety shall be Strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction Special Permit Granted March 17 2004 Nina Cohen, Chairman Board of Appeal E a` 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 MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. alonEnEegy& GasTransmission. USGen New England,Inc. Salem Harbor Station 24 Fort Avenue Salem,MA 01970 978.740.8200 Fax: 978.740.8305 www.negt.com February 11, 2004 Nina Cohen, Chair City of Salem Zoning Board of Appeal 120 Washington Street Salem, Massachusetts 01970 Re: Petition filed by New England Power Company 24 Fort Avenue Dear Ms. Cohen: USGen New England, Inc., owner of the property located at 24 Fort Avenue, has reviewed the Petition submitted by New England Power Company for a special permit for work at the electric substation located on the property. The work, consisting of trench installation to replace existing underground cables and construction of a new control building, is a needed upgrade to the substation. USGen New England, Inc. supports this request for special permit, and requests that the Board act favorably so that this necessary upgrade can be constructed in a timely manner. Very truly yours, USGen New England, Inc. Michael A. Fitzgerald General Manager Salem Harbor Station Cc: Dan McIntyre, National Grid Tim Revellese, USGenNE Allen Sload, USGenNE Lou Arak, USGenNE USGen New England,Inc.is an affiliate of National Energy 8 Gas Transmission,Inc.(NEGT)—Debtors in Possession.