94 BRIDGE STREET - ZBA }} o�
I� 94 BRIDGE STREET (R-2) J
- _ PETERBOROUGH OIL COM. HT1
r4
v
V
hJ
1
n
u o
carry treated waste water from 1
� w t
t
Legal Notice t,
i
CITY OF SALEM t
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
mitted
ubmitted by PETERBOROUGH OIL
I COMPANY requesting a Special Per-
mit to allow the enlargement of the
+ existing nonconforming use for the -
1� property located at 94 BRIDGE ,
STREET(R-2).Said hearing to be held
WEDNESDAY,MARCH 19,1997 AT
6:00 P.M., ONE SALEM GREEN,
'2nd Floor.
Gary Barrett.Chairman
(3/5,3/12/97)
I
Chi of ✓$Ulrm, �fflas 55a Chu Betts
x
364 s Potts of Appeal Ma 18 2 44 N97
CJ Y Of ,,'Ll M. MASS
DECISION ON THE PETITION OF PETERBOROUGH OIL CO. REQUESTIftf-KN"N�WrFACE
PERMIT FOR THE PROPERTY LOCATED AT 94 BRIDGE STREET (R-2)
A hearing on this petition was held March 19, 1997 and continued to
April 16, 1997 with the following Board Members present: Gary
Barrett; Chairman, Nina Cohen, Albert Hill, Paul Valaskatgis and
Arthur LeBrecque. 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 is requesting a Special Permit to allow the enlargement of
the existing non conforming use and Change of Use to permit a
mini-mart for the property located at 94 Bridge Street.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or 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.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans, makes the
following findings of fact:
1. Petitioner proposes to renovate property by demolishing existing
structure and erecting new structure while expanding existing
non-conforming use as gas station to include convenience store
and gas station.
2. After meeting with neighbors and listening to concerns relative
to projected noise and nuisance from proposed plans, petitioner
agreed to the following changes from original plans (subject to
approval by the Planning Commission) :
DECISION OF THE PETITION OF PETERBOROUGH OIL CO.REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 94 BRIDGE STREET (R-2)
page two
A. Building footprint reduced to 2,600 square foot max;
B. Reduced parking spaces to 11;
C. Removed all parking from rear property line;
D. Rear border will receive extensive plantings.
E. Landscaping island at Bridge Street property line will limit
crossover traffic between pumps;
F. Dumpster will be located next to building;
G. Signage locations to be decided on Bridge Street;
H. Building facade will reflect neighborhood, with clapboard siding,
asphalt shingle room and dormers.
3. The plan as altered met the enthusiastic approval of Eric
Williams, of 4 Pearl St, Jack Cempellin, of North River
Neighborhood Association, and Paul Ward of Pearl St. and the
N.R.N.A. Regina Ward also appeared in support of the petition.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1. Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All construction shall comply with all city and state statutes,
ordinances, codes and regulations.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning
any construction.
5. A Certificate of Inspection shall be obtained.
6. Petitioner is to obtain approval from any City Board or
Commission having jurisdiction including, but not limited to,c, a
the Planning Board.
�K N
o m
�N
r
= jr
^r7 D
3
N ��
DECISION OF THE PETITION OF PETERBOROUGH OIL COMPANY REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 94 BRIDGE STREET
page three
7. The footprint of building reduced to 2,600 square foot.
8. Petitioner shall make every effort to incorporate the changes
with regards to the landscape with the plans that were submitted
and stamped on April 14, 1997.
SPECIAL PERMIT GRANTED
April 16 1997
P
Nina Cohen, Member
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 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed, that it has been dismissed or denied is recorded in
the South Essex Registry or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate
of Title
Board of Appeal
N
^O m
'*1 D
fA J