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12 GOODHUE STREET - ZBA 12 GOODHUE STREET -y �� Le, ai Notkc CITY OF SALEM BOARD OF APPEAL 745A595 Ext.381 will hold a public hearing for all persons interested in the petition sub- i miffed by SOPHIACO SIGN requesting ' a Variance from Salem Sign Ordinance 3-45B to install 2 signs for the properly located at 12 GOODHUE STREET. Said hearing to be on WEDNESDAY, I JUNE 16, 2004 AT 6:30P.M., 120 1 WASHINGTON STREET 3rd FLOOR, ROOM 313. Nina Cohen, - (6/2 9) Chairman r CITY OF SALEM9 MASSACHUSETTS aa! BOARD OF APPEAL e 120 WASHINGTON STREET, 3RD FLOOR CITY OFSALFI'l� IMA SALEM, MA 01970 CLERK'S ® ME- TEL. (978) 745-9595 FAX (978) 740.9846 STANLEYMAYOR VICZ, JR. Z004 JUN 22 A la. 02 DECISION ON THE PETITION OF SOPHIACO SIGN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 GOODHUE STREET A hearing on this petition was held on June 16, 2004 with the following Board Members present;Nina Cohen Chairman, Bonnie BeWr,Nicholas Helides, Stephen Harris 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. The petitioner is requesting a Variance from Salem Sign Ordinance to install 2 signs for the property located at 12 Goodhue Street. The Variances,which have been requested,may be granted upon a finding by this 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 and structures involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plane, makes the following findings of fact: 1. The petitioner Sophiaco Signs represented by Fred Savoaro was requesting a Variance from the height restriction pertaining to the installation of a sign to be attached to the newly constructed building at 12 Goodhue Street. 2. There was no opposition to the Variance however, a representative of the Federal St.Neighborhood Association and the Ward 2 Councillor Mike Sosnowski, recommended the Zoning Board's decision include a condition that a letter from Denise McClure approving the sign as the plans that were submitted. 3. The sign will be placed on the building at 35 feet instead of the required 25 foot height allowed by the Salem Sign Ordinance. DECISION ON THE PETITION OF SOPHIACO SIGN REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 12 GOODHUE STREET page two On the basis of the above findings of fact,and on,the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows: 1. Special conditions exist when especially affect the subject property but not he District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief 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. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state stature, ordinance, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 3. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including but not limited, to the Planning Board. 4. A letter to be received from Denise McClure stating that the sign is the one that was approved as per the plans that were submitted. 5. There shall be no illumination to the sign beyond 11:00 p.m Variance Granted June 16, 2004 4SthAenarzis 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 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 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 is 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 L CITY OF SALEM DEPARTMENT OF PLANNING AND 0 COMMUNITY DEVELOPMENT SrAMFY J.usOYeci,JA tWAYOA 120 WAsw NGION S m Er♦SA FAf,Nt%%ACHusEm 01970 LYNN GOONiN DuNcAN,AICP TEL 97&745-9595 *FAM 979-740-0404 D[Rucrok July 20,2004 Nina Cohen,Chair Zoning Board of Appeals 120 Washington Street Salem,MA 01970 RE:Public Storage Signs Dear Mrs.Cohen, On June 16,2004 the petition seeking a variance from the Salem Sign Ordinance to erect two wall signs above the allowed 25-foot maximum height limit was granted by the Salem Zoning Board of Appeals (ZBA). As you are aware, the approval was granted contingent upon a letter from the Salem Department of Planning&Community Development, slating that the plans approved at the hearing are the same as the plans that were previously proposed to the Salem Planning Board This letter is to inform you that the wall signs that were granted a variance by the ZBA are the same as those shown on the plans that are filed with the Salem Planning Board. Should you have any further questions regarding this matter,please feel free to contact me at(978) 745-9595 ext. 311. Sincerely, 64 D Denise S.McClure,AICP Deputy Director Cc: Ken Silva, Sophiaco Signs