142 CANAL STREET - ZBA (3)��
C�/�
(V\J
j. \` X111
�� J
_Y�\'
V
V
1
1
O
.��
1
N
Legal tlotice
Pu
CITY OF SALEM Ro.
BOARD OF APPEAL hot
Will hold a public hearing for all furj
persons interested in the petition sub- miE
mitted by NATIONAL GRID WIRE- pro,
LESS seeking a Variance from side
and rear setback to construct a free /.
standing structure for the property prey
located at 134 CANAL STREET I.Said 38
hearing will be held on WEDNESDAY,
January 17„2007 at 6"30 p.m.,3rd for I
floor, 120 Washington Street,Room r
313 res r
Nina Cohen au
Chairman (3,. -
SN—01/03,01/10/07 to
i
ND17 CITY OF SALEM, MASSACHUSETTS
D17
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978745-9595
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
February 23, 22007
Decision
Petition of National Grid Wireless requesting a Variance CD
for the property at 134-142 Canal Street >
I CD
City of Salem Zoning Board of Appeals
cn
A public hearing on the above petition was opened on January 17, 2007 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen, Richard Dionne, Steven Pinto, Elizabeth Debski and Annie
Harris. The petition was continued to a Special Meeting on Tuesday, February 12, 2007.
The petitioner, National Grid Wireless, sought a Variance from side/rear setback to construct
a one-start' structure for the property located at 134-142 Canal Street, Salem, in the
Industrial (1) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The petitioner was represented by Joseph Correnti of Scrafini, Serafini,
Darling and Correnti and Tom Wahl, Project Manager for National Grid
Wireless.
2. Petitioner's property presently consists of an existing ten (10) foot by twelve
(12) foot fiber optic cable regeneration facility, which is to be replaced.
3. The subject property is within the friclustrial (1) zoning district.
4. The petitioner is requesting variances from side/rear setback to construct a
new 1.200 sq.ft. regeneration structure to be made of sectional concrete with a
reddish/brown brick exterior. The building would be remotely monitored 24-
hours a clay, seven (7) days a week and would be periodically visited by
customers performing routine maintenance tasks on fiber optic cable
equipment.
5. The requested relief Would allow Construction to be approximately eight (8)
feet from the Canal St. lot line , instead of the required thirty (30) feet.
6. The applicant stated that the proposed reconstruction has the support of the
property owner and of abutting business owners.
7. At the Public Hearing on January 17`h, 2007 Ward Three Councilor Jean
Pelletier stated that the abutting property owners had not been notified.
8. It was found at the January 17'h meeting that the applicant had listed an
incorrect address on their application resulting in inadequate notification
being sent out to parcel abutters.
9. The petition was continued to a Special Meeting on Tuesday, February 12`h,
2007 at 6:30 pm.
10. Prior to the Special Meeting on February 12`h, 2007, a supplemental notice
was sent out to abutters, using the correct parcel address..
11. The Public Hearing was re-opened on Tuesday,February 12'h, 2007 at 6:30
pm.
12. The petitioner stated that the building noise from Air Conditioning and
Generator units would be approximately 70 db.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as follows:
1. The petitioner's request to for a Variance does not constitute substantial
detriment to the public good as the construction of a new, enclosed building
would not significantly impact the abutters to the site.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance as the use was a pre-existing use and is
permitted in the Industrial District.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner as the structure would have to be relocated closer to
the other buildings on the site, decreasing the amount of parking availability
for the entire site.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, live (5) in favor
(Cohen, Dionne.Pinto, Debski, Harris) and none (0) opposed, to grant the request for a
Variance, subject to the following terms, conditions, and safeguards:
i�
1'
I. 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.
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 is to be obtained.
&;.. , 494,A�
Nina Cohen
Salem Zoning Board of Appeals
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 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
Ili anted herein shall not take effect until a copy of the decision bearing the certificate 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 and 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.
\
\ 1
®PRIVATE
1{ PIX \
o _
\ (4)BIXIARDB \
O A
zU \
O
2955 SO. FT. mm
USABLE
SPACE m
r z�
D u.
r
z PRIVATE ®
`P�
C
m �` Gam' 1 1�
rEN
SY Z' .' NEWAY
"ISTNCf� i
GAIE {
{
{
t
{
J
PIX /2688
PROJECT:
♦ 134 CANAL SRE: CHECK
BY: � JOB NO.
3A� L": M1DRAWN BY: SKETCH:
atiV algp' DESCRIPTION: SCALE: tS
N T 1
Wireless PROPOSED TELECOMMUNICATION OPHON t
�
ON 2955 SO, F?. PNOPEFY DATE: hvo-c REv. D
FROM FAX NO. :7613220410 Dec. 22 2006 11:57RM P2
ic, cc/ cvuq ic.vv rmn
R002/002
I
i
ASSENT
134anal Street Nominee Trust, u/d/t dated January 7, 2004, and recorded With
the Essex oath District Registry of Deeds In Book 22308, Pape 10, owner of the
ropergr to ted at 134 Canal Street, Salem, Essex County, Massachusetts (the
Premises , hereby assent to the Petition of National Gad Wireless to the City of Salem
;honing Bord of Appeals for the purposes of construction of a telecommunications
#witch hou a on the Premises.
Exa�utsd this, !_day of December, 2006.
134 CANAL STREET NOMINEE TRUST
By: SNAKEBITE. TY, LLC, Trustee
Ihony Cap nevi,Mane er
Duly authorized
I
I
i
i
I
I
i
I
I
I
I
I
I
i
j
I
I
i