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7 FRANKLIN STREET - ZBA (2) D 0 7 FRANKLIN STREET (B-1) CONTRACT ENGINEERING, INC. �c) n Cts of -Salem, �Nngsadjusetts �Buttra of �u}tettl y .. DECISION OF THE PETITION OF CONTRACT ENGI=R-hNG, INC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 FRANKLIN STREET ;(B-1) A hearing on this petition was held July 17, 1996 with the following Board members present: Gary Barrett, Chairman, Albert Hill, Nina Cohen, Richard Dionne and Joseph Ywuc. This petition was continued to August 21, 1996 with four members present. All were present with the exception of Nina Cohen. 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 density regulations, lot coverage, sideyard setbacks,parking regulations and to allow mixed use of industrial and commercial for the property located at 7 Franklin 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 . Joseph Correnti, of Serafini, Serafini & Darling represented the petitioner. 2. Petitioner had previously been granted variances similar to those requester presently in 1994, but those variances lapsed, and the construction plans have been revised. 3. Petitioner submitted plans at the , uly 17, 1996 hearing which showed the proposed new building running along the property lines of abutting properties located on North Street behind the Merit Gas Station, McCarthy Insurance, and 94 North Street. The proposed setbacks reflected on the June 24, 1996 drawings were minimal (2-4 feet) 4. Tony Lenares, owner of the property at 94 North Street, spoke in opposition to the plans submitted at the June hearing because of the proximity of the proposed building to his property. 5. Sally Haves, Ward 6 Councillor, spoke in opposition to the petition at the June meeting. 6. Leonard O'Leary, Ward 4 Councillor, spoke in opposition to the petition at the June hearing. 7. Staley McDermet, 30 Dearborn Street, expressed concerns about the proposed building design including the location of the building on the property line, the height of the building, the materials to be used in construction and the treatment of the rear wall facade to be facing North Street. Mr. McDermet expressed his opinion that the building would be better situated on the opposite lot line of the property. 8. Petitioner submitted revised drawings at the continued hearing after meeting with and discussing the abutting property owners. DECISION OF THE PETITION OF CONTRACTING ENGINEERING, INC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 FRANKLIN STREET (B-1 ) page two 9. The revised drawings dated August 8, 1996 showed the proposed building situated along the lot line of the property known and numbered as Lot 375 at 9 Franklin Street. 10. The setback from the property owned by Mr. Lenares was shown as being 6 feet as well as from property housing the McCarthy Insurance agency and property owned by Claire Clalifour. 11. The revised plans showed 16 on site parking spaces for the property, five fewer than would be required by the Ordinance. 12. Petitioner represented that it intended to address concerns about the surface water drainage problems existing on the property by installing catch basins which would connect to stormdrains on Franklin Street. — 13. Petitioner also agreed to construct a six (6) feet stockade fence along the property line of the Merit Station, McCarthy Insurance, and the Lenares property. 14. Mr. Lenares appeared at the continued hearing and spoke in favor of the petition indicating that the revised plans addressed his concerns. 15 . Sally Haves, Ward 6 Councillor, appeared and expressed concerns relative to the drainage on the property. 16. Gerald McCarthy, 92 North Street, spoke in favor of the petition provided that petitioner addressed the surface water drainage problems . 17. Staley McDermet, while stating that the revised drawings contained dramatic improvements from the previous plans, expressed concerns relative to the design of the backwall facade treatments, and expressed hopes that existing trees on the property line be maintained where possible. 18. Clair Chalifour, 96 North Street, appeared in opposition to the petition because of the six ( 6) foot setbacks from her property and because of concerns about drainage problems. 19. The petitioner estimates the creation of eight jobs at the proposed light manufacturing facility once constructed. 20. Petitioner agreed to continue concrete sidewalks and granite curbing along its property on Franklin Street. 21 . Paul Bourbeau, Jaquith & Semasko, appeared on behalf of the petitioner to describe the changes on the revised drawings. 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. 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. DECISION OF THE PETITION OF CONTRACTING Ei.GINEERIt•;G, INC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 7 FRANKLIN STREET page three 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, and the proposed building is to be located as reflected on the revised drawing dated August 8, 1996. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain building permit prior to beginning any construction. n 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. ;7 . Petitioner is to obtain approval from any Citv Board or Commission cv having jurisdiction including but not limited to, the Planning Board. r 8. Petitioner shall construct a drainage system to address the surface water drainage problems on the property by installing catch basins and drains which will connect to storm drains on Franklin Street. 9. Petitioner shall construct a six (6) foot stockade fence along the property lines as reflected on the revised drawings dated August 8, 1996 submitted at the hearing. 10. Petitioner shall continue to create sidewalks and granite curbing along its property on Franklin Street. 11. Petitioner shall preserve to the extent possible existing trees on the property. Variance Granted August 21, 1996 Gary Barrett, 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 li 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 N%j V 0 to ) W; 1.f "� 9 �yt,"V '•r� _ OY Y M'f� ©laquith& Suemasko,Im IV 7. Y. y w x - • iP s *y r a � :r. ..r, •'-�+ . 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