295 DERBY STREET - ZBA (2) ,�- 11 ILA
295 DERBY STREET --i
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i 1
CITY OF SALEM I
BOARD OF APPEAL ,
745-9595 Ext.381
Will hold a public hearing for all
i persons interested in the petition sub-
mitted by AMERADIA HESS COR-
PORATION requesting a Special Per-
mit to alter a nonconforming struc-
ture and Variances from minimum
lot width and lot and also a Vari-
ance from parking for property locat-
ed at 295 DERBY STREET,B-5.Said
s hearing to be held WEDNESDAY,
�- NOVEMBER 14,2001 AT 6:30 P.M.,
t 120 WASHINGTON STREET, 3rd
a floor,ROOM 313.
t Nina Cohen
o Chaurnan
o CITY OF SALEM9 MASSACHU
BOARD OF APPEAL ���� ..ALEM, MA
�. CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MA O 1970
TEL, (978) 745-9595
FAX (978) 740-9846 100I Nov 19 P STANLEY J. USOVICZ, JR. 2: I
MAYOR
DECISION OF THE PETITION OF AMERADA HESS CORPORATION REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED 295 DERBY
STREET B-5
A hearing on this petition was held November 14, 2001, 2001with the following Board
Members present: Nina Cohen, Richard Dionne, Stephen Harris, Nicholas Helides and
Joan Boudreau. 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 alter a nonconforming structure and
Variances from minimum lot width and lot area, also a Variance from parking for the
property located at 295 Derby Street in a B-5 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 ", 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, extent 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 rules 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 Variances which have been requested may be granted upon a finding of the Board
that:
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 structures 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
of the Ordinance.
DECISION OF THE PETITION OF THE AMERADA HESS CORPORATION
REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT 295 DERBY STREET B-5
pagetwo
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. Petitioner Amerada Hess Corporation proposes to upgrade an existing gasoline
service station located at 295 Derby St. in Salem, adding a new 24-hour
convenience store. Hess was represented at the public hearing by Luke Distefano
of Bohler Engineering, 352 Turnpike Rd., Southboro, Ma. and by Attorney Phil
Lombardo.
2. According to a blueprint plan submitted by Hess, the lot consists of 17,603 sf with
110 ft of frontage on Derby St. Hess proposes to locate 4 gas pumps under an
existing canopy that is 14.5 feet from the front property line, just under thel5'
gasoline dispenser setback line. An identifying sign is to be located at the front left
side of the sited approximately 2.5 feet from the right rear property line. Thus the
proposed plan will require dimensional variances from the Zoning Ordinance as
follows: a variance from lot size, lot width, front setback, side setback on right side
and side setback on left side. Petitioner also seeks a use variance to permit
continuation of the gasoline service station use in the central development district.
3. Hess' plan introduces a 1,660 sf retail store with dimensions of 27 by 59.3', which will
be located toward the rear of the lot. Nine front-entering parking spaces, including a
handicapped accessible space, will abut the storefront.
4. As grounds for the variances, Hess states; Due to the unique size, topography, soil
characteristics and shape of the lot, the proposed structure cannot be constructed in
complete compliance with dimensional requirements of the Zoning Ordinance and
these conditions do not affect other land, buildings and structures in the same
district.
5. Specifically, the proposed improvements, which met no opposition at the public
hearing, will improve the services offered by enabling faster, more efficient access to
the gasoline pumps, creating better drainage facilities, expanding the range of retail
services available to the public, and improving the architectural look of the station.
6. The Hess site allows access to the South River. Hess acknowledges that it has a
unique opportunity to advance the City of Salem's master plan by enabling
pedestrian and bicycle access to the site at the riverfront. In light of the City's
granting of the requested variances, Hess agrees to enter in good faith into
discussions with City officials planning the riverfront walk/bike path to enable public
access to that portion of the proposed path.
• DECISION OF THE PETITION OFAMERADA HESS CORPORATION REQUESTING A
SPECIAL PERMIT AND VARIANCES FOR THE PROPERTY LOCATED AT 295
DERBY STREET B-5
page three
7. It is a condition of this variance that Hess obtain a state-mandated Ch. 91 waterways
license prior to completion of this project.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Ordinance would involve substantial
hardship on the petitioner.
3. 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
4. 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 unanimously, 5-0, to grant the relief
requested, subject to the following conditions;
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 and
approved by the Building Inspector.
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.
6. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
7. Petitioner agrees to enter in good faith into discussions with City on Master Plan of
the waterfront.
8. There shall be no A frame signs.
r
DECISION OF THE PETITION OF AMERADA HESS CORPORATION REQUESTING A
SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 295 DERBY
STREET B-5
page four
Special Permit & Variance Granted
November 14, 2001
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 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.
Board of Appeal