12 FIRST STREET - ZBA 12 FIRST STREET (R-3)
SPRINT SPECTRUM L.P.
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DECISION OF THE PETITION OF SPRINT SPECTRUM L.P.REQUES NG ;A _':' `.,
VARIANCE FOR THE PROPERTY LOCATED AT 12 FIRST STREET (R-i')" "
A hearing on this petition was held June 19, 1996 with the following Board
members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc and Richard Dionne. 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 to install three antennas for the property
located at 12 First Street.
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 requests a variance to allow installation of three antenna
arrays, each containing several panels for wireless communication
relays, atop the multi-family residence at 12 First Street, known as
Pequot Apartments.
2. Petitioner stated that the proposed equipment, relying on digital
technology, requires installation at the height of land. In the City
of Salem, the Pequot Apartment site represents one of the highest
points above sea level, and would be an appropriate place to install
the technology without having to erect additional structures.
3. Installation of the petitioner's antennae would benefit the City of
Salem by enabling customers to transmit emergency and commercial
messages using the digital technology currently available.
4 . There was no opposition to the proposed variance.
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.
DECISION OF SPRINT SPECTRUM L.P. REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 12 FIRST STREET 9R-1 )
page two
1 2 113 Ci.i
3. Desirable relief can be granted without substantial detriment to . ,---
public good and without nullifying and substantial4y derogating, ,f,66
the intent of the district or purpose of the Ordinanc I " ' ""`
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 requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3. Petitioner shall obtain building permit prior to beginning any
construction.
4. All construction shall be done as per the plans and dimensions
submitted.
Variance Granted
June 19, 1996
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.
Board of Appeal