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pONDITq,q CITY OF SALEM9 MASSACHUSETTS
, BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
( q SALEM, MASSACHUSETTS 01970
TELEPHONE 978-745-9595
7NEDo� FAX: 978-740-9846 -
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KIMBERLEY DRISCOLL 1011 FE -1 A 0 lb
MAYOR
FILE #
CITY CLERK. SALEM.MASS.
February 1, 2012
Decision
City of Salem Zoning Board of Appeals
Petition of WING POWER ENERGY, INC. requesting a Special Permit under Section 3.0
of the Salem Zoning Ordinance to allow a research and development facility in the
Industrial Zoning District, and a Variance from minimum rear yard depth, for the
property located at 142 CANAL ST. (I Zoning District).
A public hearing on the above Petition was opened on January 18, 2012 pursuant to
Mass General Law Ch. 40A, § 11. The hearing was closed on January 18, 2012 with the
following Zoning Board of Appeals members present: Annie Harris (acting as chair),
Richard Dionne, Jamie Metsch, Jimmy Tsitsinos and Bonnie Belair.
Petitioner seeks a Special Permit pursuant to Section 3.0 and a Variance under Section
4.0 of the City of Salem Zoning Ordinances.
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Statements of fact: °
1. Attorney Scott Grover represented the petitioner at the hearing.
2. In a petition date-stamped November 28, 2011, petitioner requested a Special
Permit to allow a research and development facility in a portion of the building
on 142 Canal Street a Variance from minimum rear yard depth, in order to allow
a tower that tests different devices to generate wind power.
3. The Board received a letter from Paul Marquis, Energy and Sustainability
Manager for the City of Salem, in support of the project.
4. At the hearing on January 18, 2012, two residents raised concerns about falling
equipment and impacts to the nearby bike path.
The Board of Appeal, 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:
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1. Literal enforcement of the provisions of the Zoning Ordinance would
require the applicant to place the tower in an area that would take away
parking spaces and interfere with other businesses on the site.
2. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent or purpose of the zoning ordinance, since impacts to the
neighborhood would be minimal.
3. 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 concludes:
1. A Special Permit under Section 3.0 is granted to allow a research and
development use in the Industrial zoning district.
2. A Variance under Section 4.0 is granted to allow placement of a test
tower as shown on the submitted plans.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Harris,
Metsch, Dionne, Belair and Tsitsinos) and none (0) opposed, to grant petitioner's
request for a Variance and 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 construction shall be done as per the plans and dimensions submitted
to and approved by the Building Commissioner.
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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. - Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
6. Height of the tower is not to exceed thirty-five (35) feet.
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Annie Harris,
Salem Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
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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.
� IrA CITY OF SALEM
:,�.,.." ".._. .m DEPARTMENT OF PLANNING AND
= £. COMMUNITY DEVELOPMENT
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KINMERLEY DRISCOLL 120 WASHINGTON STREET♦ SALEM,NWSACHUSETTs 01970
MAYOR 'ITL:978-619-5685 ♦ FAx:978-740-0404
LYNN GOONIN DINCAN,AICP
DIRECTOR
January 18, 2012
Dear Zoning Board of Appeals members,
I'm writing to indicate my favorable impression of the wind power technology under development by
Wing Power Energy and my view that their research and development program based in their facility at
141 Canal Street is aligned with the spirit and goals of the City of Salem's Green Communities efforts.
As you may be aware, as part of the City's Green Communities designation effort it had to certify that
renewable energy R & D, manufacturing and/or generation is allowed by right in certain zoning districts
and that the overall area devoted to such activities comprises a specified minimum square footage.
Furthermore, we had to demonstrate an expedited permitting path for such projects and endeavors.
In a meeting last fall between me, the Mayor and representatives from the company, we discussed the
possibility of some kind of collaboration between the City and the company on a pilot or demonstration
project employing the company's technology, so impressed were we with this technology.
Thank you for your careful consideration of this special permit application,
Paul Ma uis
Energy and Sustainability Manager
Department of Planning,and Community Development