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WIN CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
" } 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE 978-745-9595
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
January 3, 2008
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Decision `_`
City of Salem Zoning Board of Appeals
Petition of Tri-City Sales, Inc and Tri-City Realty requesting a j
Variance to allow two (2) principal buildings and uses on the lot located
at 262-272 Highland Ave [R-1 and B-21.
A public hearing on the above Petition was held on December 19, 2007 pursuant to Mass
General Law Ch. 40A, §§ 11 with the following Zoning Board members present: Robin
Stein, Elizabeth Debski, Rick Dionne and Steve Pinto.
Petitioner seeks variances pursuant to section § 2-2 of the Salem Zoning Ordinance to
allow two principal buildings and uses on one lot.
Statements of fact:
1. Attorney Joseph Correnti, presented the petition on behalf of Tri City Sales, Inc
and Tri-City Realty for the property at 262-272 Highland in the R-1 and B-2
Zones.
2. Plans accompanying the petition are entitled "Tri-City Plaza Layout and Materials
Plan", Sheet C-2, dated November 13, 2006 revised December 11, 2006 prepared
by Christopher Iannuszzi, PE.
3. This project has been reviewed by the Salem Planning Board and received
approval by a decision dated April 9, 2007. The project involves the demolition
of the existing Tri-City Sales building and the construction of two (2) new
buildings, one for CVS/pharmacy and the other for Tri-City Sales/Dunkin Donuts.
There are no proposed changes to those plans or that decision.
4. The purpose of this petition is to allow for the construction of each of the new
buildings prior to the actual subdivision of the lot. The intent of the owners, as
show on the plans, is to divide the site into two lots: Lot A, the CVS lot; and Lot
B, the Tri-City Sales lot.
5. The underlying land is comprised of a mixture of 14 registered and recorded
parcels, which makes the subdivision subject to Land Court Approval. A petition
has been filed with the Land Court but the timing of such approval is unknown.
The petitioner is requesting variances as not to lose the entire construction season.
6. Lot is defined in the Salem Zoning Ordinance as follows:
Art. 11, § 2-2 "Lot: A parcel of land occupied or designed to be occupied by a
principal building and the accessory buildings or uses customarily incident to the
principal building, including such yards and other open spaces as are arranged and
designed to be used with such buildings. Such lot shall have frontage on an
improved public street and may consist of a single lot of record, a portion of a lot
of record, or a combination of such lots or portions of lots of record, provided that
such lot is used for only one (1) principal use."
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The variance requested is not contrary to the public interest and, owing to special
conditions; a literal enforcement of the provisions of the City of Salem Zoning
Ordinance would result in unnecessary hardship preventing the project to move
forward as scheduled.
2. There are circumstances relating to the land, specifically it's registration and the
approval required by the Land Court, which does not generally affect the zoning
district in which it is located.
3. The approved project would not be changed by this decision and this decision
would allow the approved project to go forward as planned; therefore desirable
relief may be granted to allow this request without substantial detriment to the
public good and without nullifying or substantially derogating from the intent or
purpose of the ordinance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. To enable the approved project to go forward, the petitioner may vary the terms of
the Salem Zoning Ordinance § 2-2, specifically the terms limiting the number of
principal buildings and uses per lot to one (1).
2. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, four (4) in favor;(Stein,
Debski, Dionne, and Pinto) none (0) opposed, to grant petitioner's request for a variance
subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes,7''and
' regulations.
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2. All construction shall be done as per the plans and dimensions Submitted to and
approved by the Building Commissioner and as previously approved by the
Planning Board.
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 shall obtain street numbering from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
8. This request is being granted only for the plans approved by the Planning Board
in decision dated April 9, 2007 and is not meant to allow for any other principal
uses.
c,
Robin Stein, Chair
Salem Zoning Board of Appeals
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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 has
been filed with the Essex South Registry of Deeds.
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