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Legal Notice
CRY OF SALEM
BOARD OF APPEAL
745.9595 Ext.381
Will hold a public hearing for all i
persons interested in the petition sub-
miffed by 276 HIGHLAND AVENUE
LLC requesting a Special Permit for
an ATM as well as dimensional relief �.
from lot width and side yard setback ,
to construct a new bank for the prop-
erty located at 276 Highland Avenue
B-2. Said hearing will be held on
Wednesday,August 17,2005 at 6:30
RM.,12D Washington Street,3rd floor,
Room 313.
Nina Cohen
Chairman J
(8/4,10)
CITY OF SALEM MASSACHyg1IETTtALEM. MA
f BOARD OF APPEAL CLERKS OFFICE
,yd_ 120 WASHINGTON STREET, 3RD FLOOR
00H1N6 SALEM, MASSACHUSETTS 01970 '�11
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 im SEP 22 P 2: 01
MAYOR FAX: 978-740-9846
DECISION ON THE PETITION OF 276 HIGHLAND AVENUE LLC REQUESTING A
.SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 276 HIGHLAND
AVENUE B-2
A hearing on this petition was held on September 7, 2005 with the following Board
Members present: Richard Dionne, Edward Moriarty, Steven Pinto, Robin Stein and
Bonnie Belair 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 for an ATM Machine as wall as dimensional
relief from lot width and side yard to construct a new Bank for the property located at 276
Highland Avenue located in an B-2 zone.
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 6-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or expansion of nonconforming lots,
land structures, and used, 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 rule 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 Variance which has 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 the 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
purpose of the Ordinance.
DECISION ON THE PETITION OF 276 HIGHLAND AVENUE LLC REQUESTING A
SPECIAL PERMITNARIANCE FOR THE PROPERTY LOCATED AT 276 HIGHLAN D
AVENUE B-2
page two
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after reviewing the plans, makes the following findings of fact:
1. The property located in the Business 2 zoning district and being part of the Entrance
Corridor Overlay District is owned by the Salvation Army and was most recently used
as a thrift store.
2. The applicant and property owner are prepared to enter into a long-term lease for the
property.
3. The plans submitted with the application and the amended plan submitted at the
hearing depict a new 3,500 square foot building to be constructed on the property
and to house a Citizens Bank.
4. The property is located on a corner lot abutting three public ways and has an
irregular shape.
5. The proposed building overhang is 27 feet from the side yard lot line. The building is
30.2 feet from the side yard lot ling.
6. The width of the property is approximately 86 feet. The required property width is 100
feet.
7. The applicant was represented by George W. Atkins, III Esquire who introduced the
project and explained that the current large building would be removed and replaced
with the proposed 3,500 square foot building.
8. Attorney Atkins presented that the proposal would positively impact existing traffic
flow around the site. Attorney Atkins further indicated that at the request of the
Planning Board during the site plan review process, the existing curb cut adjacent
To the corner of Highland Avenue would be eliminated.
9. All traffic would enter the site from a curb cut located on the northerly end of
Marlborough Road.
10. Traffic coming into the site would be oriented in a counterclockwise direction
around the building and out onto Marlborough Road.
11 Dan Mills, a Traffic Consultant with MDM Transportation Consultants presented
the findings of a traffic study of the site. The actual traffic analysis report was not
submitted for review by the Board.
12.Mr. Mills indicated that overall the project would result in an 18% decrease in
weekly traffic and that peak hour traffic will be consistent with historic use.
DECISION OF THE PETITION OF 276 HIGHLAND AVENUE LLC REQUESTING A
SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 276
HIGHLAND AVENUE B-2
pagetwo
13. Member(s)of the Board expressed extensive concern about the existing traffic
problems at and near the site and the increased draw to the property with the
addition of a drive-thru bank.
14. Member(s) of the Board were pleased that the application indicated to enter
into a long-term lease.
15. At lease one Board Member expressed interest in further reviewing the traffic
study prepared for the applicant.
16. The applicant indicated that he had not been in contact with the Massachusetts
Highway Department regarding it's work to improve traffic signaling in the area.
17. David Cohen, the owner of Tri City Sales and a 50-year abutter to the property
spoke in favor of the proposal.
On the basis of the above findings of fact, and on the evidence presented, the Board
Of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not involve
substantial hardship to the petitioner.
3. The Special Permit requested cannot be granted without substantial detriment to the
public good or without nullifying and substantially derogating from the intent of the
district or the purpose of the ordinance.
4. The granting of the Special Permit requested will not be in harmony with the
neighborhood and will not promote the public health, safety, convenience and
welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted 3 in favor and 2 in opposition to the motion
to grant the relief requested. Having failed to garner the four affirmative votes required
to pass, the motion to grant fails and the petition for a Special Permit and Variance is
denied.
Variance & Special Permit Denied
g4 _J
September 7, 2005 Robin Stein, Member C�eJ
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, is any shall be made pursuant to Section 17 of MGL 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 MGL 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 have 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.
PLANT LIST
---- ZONING TABLE REVISIONS:
.� KEY BOTA141CAL NAME COMMON NAME QTY. SIZE REMARKS No. DATE
ZONING DISTRICT: BUSINESS 2 (B2)
A Acer rubrum 'October Glory' October Glory Red Maple 4 3 1/2-4" Cal. 8' BR. HT. ENTRANCE CORRODE OVERLAY DISTRICT 1 8-25-05 PLANNING, ENGINEERING,
B Berbe-is thunbergii v. atropurpurea 'Red Pillar' Red Pillar Barberry 4 18 - 24" 2' O.C. REQUIRED PROVIDED -
FIRE DtPT. N
-
COORDINATE WITH MASS
C Quercus rubra Red Oak 4 3 1/24" Cal. 8' BR. HT. MIN. LOT AREA 12,000 S.F. 26,174± S.F.
-_ -
HIGHWAY IMPROVEMENTS D Junip(;rus chinensis 'Sea Green' Sea Green Juniper 2 18 - 24" 6' O.C. MIN. LOT WIDTH 100' 86±'2 -
PROJECTy 601321
E llexxrreserve 'Blue Princess' Blue Princess Holly 3 18 - 24" 6' O.C. FRONT YARD 30'1 >3e -
F Buxus microphyila var. koreano Winter Gem Boxwood 5 12 - 15"
Winter Gem 2' O.C. SIDE YARD 10' >10'
A ,
G Taxus cuspitata 'Green Wave' - Green Wave Yew 9 18 - 24" 4' O.C. REAR YARD 30' N/A GENERAL NOTES:
H Rhod:dendron 'Aglo' Aglo Rhododendron 3 18 - 24" 4' O.C. MAX. BLDG. COVERAGE 25% MAX. 16% t
\ PROPOSED 1. THE PARCEL IS SUBJECT TO A ROADWAY IMPROVEMENT
4
'P S08'0'g'26•E \ 1 O METAL HALIDE J Ilexxrr:eserve 'Blue Prince' Blue Prince Holly 1 18 - 24" 6' O.C. OPEN SPACE N/A EASEMENT TO THE CITY OF SALEM LAND COURT DOCUMENT
23% t 427970. REFER TO THE EXISTING CONDITIONS PLAN IN THIS
PLAN SET.
.73' \ /1 LUMINAIRE (SEE K Euon)rus fortunei 'Emerald Gaiety' Emerald Gaiety Euonymus 12 18 - 24" 6' O.C. BUILDING HEIGHT 30' 23'-10"
l7 L/ SHEET ESP1) --
R Juniperus horizontalis 'Plumosa Compacta' Compact Andorra Juniper 29 18 - 24" 4' O.C. 2. REFER TO THE EXISTING CONDITION SURVEY BY KELLY
\ R O MAX. HT. FENCE & ENGINEERING PREPARED FOR CENTERCORP DATED 3/10/05 FOR
�qs�✓ u�o \ S Taxus x media 'Beanpole Beanpole Anglouap Yew 14 18 - 24" 2' O.C. BOUNDARY WALLS 10 FT 10 FT ADDITIONAL INFORMATION REGARDING MUNICIPAL UTILITIES
A D SURROUNDING THE PROJECT SITE.
-- - - \ 29.75 ` \ ` \ -
\ PROPOSED DRIVE-UP TELLER NEO STING FRONT YARD 13 FT PLANTING NOTES
_ - - REFEREXISTING NON-CONFORMING LOT (DIMENSIONAL)
2E - - 4R \ -
DRAWING NUMBERPHILADELPHIA
SI 6796 327 FT TO BUILDING OVERHANG/30.2 TO BUILDING COLUMN 1. ALL NURSERY STOCK SHALL MEET THE HORTICULTURAL
\ - \ BY PHILADELPHIA SIGN 4 STANDARDS OF THE AMERICAN ASSOCIATION OF NURSERYMEN AS
COMPANY. EXISTING LOT HAS 5% t OPENSPACE TO GRADING AND QUALITY.
- - \ 1K PLANTED AT
1J
_ BASE OF EACH REMOVE EXIS(ING CURB CUT CONSTRUCTED 2. ALL PLANTS SHALL CONFORM TO THE MEASUREMENTS
° - - 1C 10R .-_- \ \ FENCE POST UNDER MASS HIGHWAY CONTRACT. INSTALL SPECIFIED, EXCEPT THAT PLANTS LARGER THAN THOSE SPECIFIED
-�rpj0yy. - _ - 112K TOTAL) VERTICAL GRANITE CURB AND RECONSTRUCT MAY BE USED IF APPROVED BY THE LANDSCAPE ARCHITECT.
SIDEWALK ALONG ROAD. ALL MATERIALS AND
_ _--
-SNOW: _ _ _ - WORKMANSHIP TO CONFORM TO MASS 3. ALL PLANTS SHALL BE NURSERY GROWN IN ACCORDANCE
1E - STORAC,E:-- - --.AREA. _- - -
- + HIGHWAY STANDARD SPECIFICATIONS. WITH GOOD HORTICULTURAL PRACTICES AND SHALL BE GROWN
- \ UNDER CLIMATIC CONDITIONS SIMILAR TO THOSE IN THE PROJECT
AREA
--_ - - - - R15 _' - - - - + \ LEGEND SERIES 2 RAIL SPLIT RAIL VINYL FENCE. 8 LOCALITY FOR AT LEAST TWO YEARS.
R5' 52' \ FT POST SPACING 36" POST HEIGHT W/PYRAMID
\ CAPS MODEL 97-1860 BY MASTER HALCO, INC., 4. BALLED AND BURLAPPED PLANTS (B&B) SHALL BE MOVED
° \ 1A R17.89' \ + SO3 - \ 4000 W. METROPOLITAN DRIVE, ORANGE, CALIFORNIA, WITH THE ROOT SYSTEM AS SOLID UNITS; ROOT BALLS SHALL BE
45
g4 714-385-0091. FIRMLY WRAPPED WITH BURLAP. CONTAINER GROWN PLANTS
\ SHALL NOT BE REMOVED FROM CONTAINER PRIOR TO THE TIME
OF INSTALLATION; ROOT SYSTEM SHALL BE FIRMLY SET IN
SD METAL HALIDE I PROPOSED DRIVE-UP \ \ \� 18' �� CONTAINER.
-lA -� 5. ALL TREES TO BE GUYED AS SHOWN IN DETAILS.
TELLER & ATM SIGN. \ + CURB RAMP
LUMINAIRE (SEE REFER TO DRAWING \ 18' 10 PROPOSED 65"H X 65"W X INSTALL VERTICAL GRANITE 6. PLANTING BEDS TO RECEIVE 3" DEPTH OF BARK MULCH.
SHEET ESP1) ° I NUMBER A-HIA �Y \ \ + D- 14.5" OAH PYLON SIGN. REFER CURB IN KIND. ALL MATERIALS 7. ALL PLANT MATERIAL SHALL BE GUARANTEED FOR ONE FULL
PHILADELPHIA ANY. 1A \ R7' /-
I COMPANY. \ TO DRAWING NUMBER A-5769 � AND WORKMANSHIP TO CONFORM
`111F%%, / BY PHILADELPHIA SIGN TO MASS HIGHWAY STANDARD GROWING SEASON (ONE YEAR) AFTER INSTALLATION.
\ . COMPANY. SPECIFICATIONS
O I 21.01' 8. ANY PLANT MATERIAL WHICH DIES, TURNS BROWN OR
TOW 141.0 R \ • : ` . - , : -: - + UNEXPECTEDLY DEFOLIATES PRIOR TO ACCEPTANCE OF WORK
-T 9.00' SHALL BE PROMPTLY REMOVED FROM THE SITE AND REPLACED
5.00' WITH MATERIAL OF THE SAME SPECIES, QUALITY, SIZE AND
° ". ;. ':._.:.. .... _ 25F_ MEETING ALL PLANTING SPECIFICATIONS.
230 LF 4 FT - •.' _ PAINTED _
WOODEN PRIVACY I ,9 ' - '.- . - CROSSWALK - -- EXTEND CONCRETE SIDEWALK 9. ALL AREAS DISTURBED BY CONSTRUCTION NOT DESIGNATED TO
FENCE :•' ' .N'. ':::. '.: . -
0 � RECEIVE OTHER TREATMENT SHALL RECEIVE A MINIMUM OF 3"
m 9' .Q o - FROM MASS HIGHWAY PROJECT BARK MULCH.
SD- rn 24.18' ."SNQ.W. :.'.= ::.'.'- R43' ;RAGE,:-_-:--_ AROUND CORNER TO PROPERTY
a -:.' • .STORAGE--.: : .' . : --AREA: `_ _ . -- - LINE ON HIGHLAND AVE. ALL
D 18.00' :AREA: \ 10.82' : MATERIALS AND WORKMANSHIP TO
�I--�- - -
' -
w I �_ ---- ': _- -- - _ STANDARD CONFORM TSSPECIF SPECIFICO MASS.ATIONS. C OL E R &
o a 1C 3H - - 18.33' ' -- -T9'_-- MAINTAIN 4 FT CLEAR SPACING U
Z I %/ 5 - _ AROUND ALL OBSTRUCTIONS. z
c� COLAN TON 10
z I 1.12 5, - _ _ I
� _ -- 1A :- - 9' - = ENGINEERS AND SCIENTISTS
R3' I � i 1A I VAN ACCESSIBLE D-4 - ��1 413-313-0100
v "^"'^'C_^^ �P.^.CE - 37 Fax:413-313-0190 55 Bobala Road
TOW 141.0 1 a I �,� .. .I .. ._. -
IZj u I \ 24• - - www.col-col.com Holyoke, MA 01040
D TOW 142.0 �vt 3No nx►1T 7 \
\ Z
.1.45.
D-4 PROPOSED 7 R25' - :
G PROPOSE WHEELCHAIR p_ Sy�CNul
I BOLLARD (TYP.) RAMP - Q u✓-"''"+ami ¢�3
_
z Ke 3G I PROPOSED CITIZENS --5' o EE
BANK 3,500 SF 7s 74' N G! IL 1 ° �,��
Gi
FF=142.5
Z - _ PROPOSED -4 L ' ` ��O o • QQ`
I \ 19' 9METAL HALIDE
LUMINAIRE (SEE ,•S
26 I PROPOSED PACKAGE \ \ 1C SHEET ESP1)
DELIVERY BOX PROPOSED A SNOW
PROPOSED I I - PROPOSE .STORAGE 7R
AREA
7 PROPOSED TELLER - TI TLE:
METAL HALIDE O.yr D 4 METAL HALIDE WINDOW I \ -- _ - G
LUMINAIRE (SEE °y�" I BOLLARD (TYP.) Z
2D SITE LANDSCAPE &
SHEET ESP1 y w SCONCE (SEE --21F -
I ) `QY,� 24'79 SHEET ESP1) , 5F
II I -
6"X9"X6FT PRECAST 18.4' 9.5 I 1 I 8.5 , 9• LAYOUT PLAN
IWHEEL BLOCKS (TYP.) I I I ► / CITIZENS BANK I /
' N 2.5' /
276 HIGHLAND AVE
I da!! 5036'
'iv, . I 498 SIGN. REFER TO DRAWING
10 H -,J PROPOSED DO NOT ENTER / / SA��
I 82 LF WOODEN ° -� 9• 36.44' NUMBER PHILADELPHIA
SI BY � ,
ASSACHUSETTS
GUARDRAIL I COMPANY.HIA SIGN D-4 OWNER :
R3' 1 18.55' = 591 REWIRED PARKING FOR
5 °TI2TN5 BANK N/F THE SALVATION ARMY
REG X10 -
218 LF VERSA-LOK - 7 12. ' REQUIRED PROVIDED 440 WEST NYACK ROAD
I D-3 SEGMENTAL BLOCK ° O 7 R3' I D-4 PROPOSED 22 58 / �` 1�O 4�
(3,500CITIZENS BANK 1 SPACE/150 SF iJ 17
RETAINING WALL 6FT D-4 -��- BOLLARD (TYP.) / Y1 I AIM s.F.) GROSS AREA _ WEST NYACI� NY 10994
MAX. EXPOSED HEIGHT I , k52a 1 ATM (;RIVE-UP) SroRAGE
TOW 142.0 MAX. 43.64' �g'h 2 TELLER (DRIVE-UP) 3.5)0 SF - 980 SF =
I BOW 136.0 MIN. �,C / 25:0 SF/150 = 1B.9
16' tl 13i1L�iJN1}RiV d ON / STORAGE (28�:
PROPOSED I ,c �� ATM`DDRIVEUP� 174 SF �CTOR/BATHROOM _set SF APPLICANT:
I BOLLARD (TYP.) ° R36.88' x-(tld ON 7 �- BREAK RFOYER -OOM - 215 SF 80 SIF FILE STORAGE IN WORKROOM = 120 SF
�t 1 -- % _ TOTAL: 980 SF GREENBERG FARROW ARCH.
ADA I NOA 3455 SALT CREEK LANE
1. PARKING SPACE ( AT LEAST 1 VAN ACCESSIBLE SPACE) ARE PROVIDED IN
13 ACCORDANCE N1TM 521 CMR ARCHITECTURAL ACCESS BOARD.
° „0.26' LEGEND 2. GROSS RATIO 3,500 SF / 250SF PER SPACE = 14 SPACES (RATIO NOT LESS SUITE 100
CONTRACTOR TO PROVIDE ° N22-22'02"W THAN PER RECOMMENDATION OF CITY PLANNER)
INSPECTION C110N SERVICE OF a ---- 2 ARLINGTON HEIGHTS, IL 60005
EXISTING 6" VCP AND REPLACE SG ° 62 LF WOODEN
I AS NECESSARY. SEE NOTES 1 ° � o - GUARDRAIL TON' 141.0 m SLOPE GRANITE EDGING TYPE SB D_ 19,00
- 3 ON THIS SHEET. TOW 142.0 I_� 230 LF 4 FT
D-4 WOODEN PRIVACY GRANITE CURB TD _ DATE: JUNE 8, 2005
PROPOSED 7 FENCE 3 CONTRACTOR TO PROVIDE YPE VA -
BOLLARD (TYP.) D-4 SD- INSPECTION SERVICE OF _ COMP./DESIGN: DMT/JMM
EXISTING CROSS-COUNTRY PROPOSED PORTLAND CEMENT SIDEWALK
DRAIN LINE. SEE NOTES 4 U CHECK: KK _
218 LF VERSA-LOK 7 \ 8 5 ON THIS SHEET.
1 6' X 8' X 8' SEGMENTARETAINING LWALL C6FT D 3 PROPOSED TURF 3,00 11,00 DRAWN: AIB
ENCLODUMPSSURE
MAX. EXPOSED HEIGHT
I ENCLOSURE WITH \ SCALE: 1 = 10'
I // 4 FT BARN STYLE # PROPOSED LIGHTS
(-) PROPOSED GATE TOW 142.0 P feet JOB NO.: 60-203.00
CONCRETE D- TOW 141.0 OWidth 7.00
DUMPSTER PAD \ +
PROPOSED TREES Track 6,00 DWG NO.: 60-203_CitizensProposed2.dwg
ILock to Lock Tinel 6.00 10 5 O 10 20
OPROPOSED SHRUBS Steering Angle 31.24