Loading...
254 CANAL STREET - ZBA D 254 CANAL STREET �I) - GARDNER MATTRESS 1 �T 402 Amherst Street-Suite 300 /� ` Nashua,NH 03063-4228 J( ll 603 595 1614 J4 603 595 2414 FAX GUILFORD TRANSPORTATION October 7, 1996 City of Salem Board of Appeals One Salem Green Salem, Massachusetts 01970 Dear Sir: Enclosed is a copy of a notice I recently received pertaining to a proposed land use in the City of Salem, Massachusetts. Please be advised that Guilford Transportation Industries, Inc. manages real estate matters for several corporations. This response is sent on behalf of the following corporations in reply to your notice of October 2, 1996: 14 Boston and Mame Corporation;,.':, _t ° Maine Central Railroad Company, ° Portland Terminal Company; ° Springfield Terminal Railway Company; • Hudson River Estates, Inc.; ° Delaware River Estates, Inc.; or ° DH Estates, Inc. (formerly Delaware and Hudson Railroad). As you may well be aware, the railroads listed above receive numerous notices on a daily basis. Based upon the limited time frame existing between the date on which the notice is received and the scheduled hearing date, I respectfully request your cooperation regarding this matter. Although the railroads are concerned with each and every notice, there are certain instances which are of particular concern to the railroads. You may be able to advise me if the petition involves land plans showing a crossing of railroad property. Specifically the railroads' concern exists even in the event that your petitioner indicates that it is the holder of a valid railroad crossing. Also, the railroads must be advised if the petition proposes any Salem Board of Appeals October 7, 1996 Page Two development within 25' from the centerline of an existing railroad track, even if such development occurs on non-railroad property. As such, petitions for variances from set back requirements can be particularly troublesome. Please be advised that this letter should not be construed as a waiver of any other objections which the railroads may have to a proponent's plan. However, the railroads respectfully request your assistance in bringing their attention to any such matters. Thank you for your anticipated cooperation in this regard. Sincerely, LLL11 0 �� Kellie A. Dunn Vice President, Real Estate KAD:img c: Stephen F. Nevero Vice President-Engineering (above w/enc.) CITY OF SALEM J BOARD OF APPEAL 745-9595 Ext. 381 Will hold a public hearing for all persons interested in the petition submitted ya GARDNER MATTRESS requesting a Variance/Special Permit from lot area, front yard, side yard and rear setbacks to allow construction of a new warehousing/- - manufacturing facility for the property located at 254 hearing to be held WEDNESDAY OCTOBER 16 1996 6:00 'L STREET (I) . Said floor. MMNQ� EHaiGary Barre Oct. 2 & 9, 1996 I . (Cita of -'5ttlem, �RaggzlChu scite �Bnttra of enl ^yew... DECISION OF THE PETITION OF GARDNER MATTRESS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 254 CANAL STREET (--) A hearing on this petition was held October 16, 1996 with the following Board members present: Nina Cohen, Albert Hill, Richard Dionne, Joseph Ywuc and Paul Valaskatgis . 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 Variance from lot ares, front yard, side yard and rear yard setbacks to allow construction of a new warehousing/manufacturing facility for the property located at 254 Canal Street (I) . The Variance which has been requested may be granted upon a finding of this Board that: 1. Special conditions and circumstances exist -which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. Petitioner sought variances to undertake a substantial modernization of a mixed industrial and retail property on Canal Street that has been a mattress assembly plant for three generations. 2. Petitioner's plans include the erection of a new mattress assembly plant to replace 3 trailers, the renovation of an existing building for mixed retail and office use, and a re-engineered traffic pattern among the buildings on the 20,000 sq. foot site. 3. Petitioner's representative stated that the proposed plans were necessarily tentative, as the site work required SRA approval, Site Plan review, and approvals by the Conservation Commission. 4. There was no opposition the proposed plans. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. J DECISION OF THE PETITION OF GARDNER MATTRESS REOUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 254 CANAL STREET (1) page two 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All construction shall be done as per plans and dimensions which are to be certified, submitted to and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safetv shall be strictly adhered to. 4. A Certificate of Inspection is to be obtained. 5. 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. Variance Granted October 16,1996 / 1 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 the Massachusetts General Laws 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 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 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 of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title_ o Board of Appeal - - r�r LEGEND - SITE PLAN M. H. MANHOLE I N C . B. CATCH BASIN � W. G. WATER GATE Q�� 5ALEM ., 1 V 1 A s HYD. HYDRANT 1 hyo P C. L. F. CHAIN LINK FENCE PREPARED FOR LOCUS `L ,F. '` 4. A WETLAND °��c. �� ��' 1�•1 EX15TING SURFACE ELEVATION �- ,� GARDNER MATTRESS o� - - - 13 - - - EXISTING SURFACE CONTOUR I \� �QPG � ei`� \`' PREPARED BY �9 FLOOD HAZARD LIMIT y �s D ----------------- ZONING SETBACK `� \�� / m '� COASTAL SURVEY WADSWORTH VILLAGE DANVERS BLDG. sr N // / 130 CENTRE ST. , DANVERS , MA / ( 508 ) "1-74 - 9450 SCALE : 1 " -- 10! JULY 81 1996 LOCUS MAP SCALE '. 1 " = 500 ' f s +0 20 so ao / \a FEET S SCALE : METERS ' • ELEVATIONS SHOWN REFER TO CITY OF SALEM SEWER DATUM o \ Q o 2 s 10 • PROPERTY 15 LOCATED IN FLOOD HAZARD ZONE B AS DELINEATED / � � � � p9 — ��' `° ON THE MAP OF COMMUNITY NO. 250 iOZ SALEM , MASSACHUSETTS AS REVISED TO 08 - 05- 85 BY AGENCIES OF THE FEDERAL INSURANCE ADMINISTRATION • THIS SURVEY 15 THE RESULT OF AN ON THE GROUND FIELD SURVEY p��.` / AND PUBLIC AND PRIVATE PLANS • UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND RECORD // PLAN5 AND ARE NOT NECESSARILY INDICATIVE OF UNDERGROUND P \ CON DIT 1 ONS. • THE CONTRACTOR SHALL BE RE5PON51 BLE FOR VERIFYING AND >P ' �0J ` ' \ l DETERMINING THE LOCATION , SIZE AND ELEVATION OF ALL EXISTING / /// \\� V UTILITIES SHOWN OR NOT SHOWN ON THESE PLAN5 , PRIOR TO ANY CONSTRUCTION . THE ENGINEER SHALL BE NOTIFIED IN WRITING OF /' ;\ \6 ANY UTILITIE5 FOUND INTERFERING WITH THE PROPOSED CONSTRUCTION / � ' � / � \` '''` \ ti ts � / AND APPROPRIATE REMEDIAL ACTION BEFORE PROCEEDING WITH THE WORK. O �� / / "�� ���'P DEEDS AND THE RESULTS XPi / / �,�� \\ ,'''`; • TH15 PLAN IS BASED ON THE REFERENCED PLAN5 , \ OF A FIELD SURVEY AS OF THIS DATE. NO CERTIFICATION 15 INTENDED AS TO PROPERTY TITLE OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS. P� . .`` `\ / 14 6 • PROPERTY IS LOCATED IN AN ENTRANCE CORRIDOR OVERLAY DISTRICT. " %\ �\ \ i / 10 \ '�� 14 / /``� �, .�., s 34�bo� P P / (_� \ L (L e u DATE REGISTERED OF� Io51 H L LAND SURVEYOR � � � lSv �� ` 'jP \ Q)1 C\ \ ' 34609, Y , / Q ,! /\ O \ NOTE 5 Suave't° \�� / /0� / / ,. _ \\\ /moi, \\ P�Q \� •q P / / \ ti < � is DEED REFERENCES-. BK. 5131 PG. 201 �•�` / ,' V d•P � P� BK . PG. L Z. PLAN REFERENCES / 0� o+\ A. BK . 1534 PG. 600 0 / �p � / ' '� ° P �;% \`\\ y/ B. PL. BK. 202 PL. 56 �O - / �� /' _ \ / ARA O ! ( ' r 4. \/ F�� 'i 1 _ Q y C. PLAN ENTITLED " PROPOSED EXTENSION / / / ' \ 4 / L Y y l \\\ \y• j F I O ,rS. F OF CANAL ST., BROADWAY TO LORING AVE. j �J - / f Lt ti� 'OD \sy16 , rl DATED AUGUST 1927 FRANK P. MOR5E O � I CITY ENGINEER . Q \ _\ / a. 1� (� E i ° / �.� ,i \,( \ \ / 2 1 , • ,I _ �<. \ h' / 1 I / ti \ / / WOOD FENCE 1i= 0 ' Qi 0 L 3. LOCUS 15 SHOWN LOT ASSESSOR ' 5 MAP 32 `,� l\ // �ti 0� , ' P�� \ \� \j \ o 4. ZONING DISTRICT Z _ ZONING,--- --SETBACK LINE ✓J / / \�.a / POLE 0 o - _ sIt / 0 700 19, % % ,5 Ir I �� OFFICE BUILDINGILI P / C�F� \5 - 30 / 1250 Q • MH . . RIM= I5. 1� L ,,5 APPROX. LOCATION FORCED _ I II I I i� O i / M.H. J - Z.-r`, {�. _ \ S SEWSB,�� LINE ,I 1 4� ; V \ ti l i i S I--POLE f - �_- - - - - - - - S.S' PLA T S•S -�' Q M. H. � % BIT. 51DF N LK II — 5000 20 ' 50 ,\\ F- \- P \ r BIT. SIDEWALK / POLES CQ 1 4� POLE O \ \ • O iL POLE / 6 I'\ BIT. SIDEWALK — \ - - - -- - -- - - - - -- --- - _ J / RIM= 13.92 `� _ / h RIM= 14. 58 BIT. BERM / POLE T-- - - - - - - - - - - - - --� BIT. BERM / / L / C.B. (FILLED ) / Dm \ .6 15 BIT. BERM / L /r Av RIM = 13. i3 '9 / / / �"j, \ J / 11 0� / CANAL . 6 / � ti \y 6 � 6 STREET ti M.H. .17 RIM = 13. 13 \ CURB � EDGE \ TRA\/ EL WAY 6 � tip CURB G GJ 7::: G \6 I G �8 G G 2{ GAS GAS GATE APPROXIMATE GAS MAIN I GATE 2W.G. \1 l HY D. I 1 ' i �5 �c s� PG <c cT �0J