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347 HIGHLAND AVENUE - ZBA (3) 347 HIGHLAND AVENGE i f : s s J v^Y^\ ^ J W Wenham Board of Appeal—— (9/3,10) 1 ad Kr an( or Legal Notice wa '-n pas,. on 'on CITY OF SALEM g, BOARD OF APPEAL !en 7459595 Ext.381 on, Will hold a public hearing for all ids persons interested in the petition sub- Lmmilted by KELLY AUTOMOTIVE GROUP requesting a special Permit nt, and Variances to construct two adds- . ter, tions to the existing building for the ate property located at 347 HIGHLAND �E AVENUE BPD. Said hearing to be on WEDNESDAY,SEPTEMBER 17,2003 lioft AT 6:30 P.M., 120 WASHINGTON C STREET,3RD FLOOR,ROOM 313. an Nina Cohen , its Chairman (9/3,10) ,.._. r. CITY OF SALEM9 MASSACHUSEC`'T$ ® SALE4._t1A r} �� BOARD OF APPEAL 1CLTERKS OF'F'ICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAx (978) 740-9846 17 A -87 ll3 STANLEY J. USOVICZ, JR. . 00J OCT ` MAYOR DECISION OF THE PETITION OF KELLY AUTOMOTIVE GROUP, INC. REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 347 HIGHLAND AVENUE, BPD A hearing on this petition was held September 17, 2003, with the following Board Members present; Nina Cohen, Chairman, Nicholas Helides, Stephen Harris, Joan Boudreau 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 and Variance in order to alter the non- conforming use and structure of the premises at 347 Highland Avenue, Salem, Mass. by constructing an addition to the front of the building with a front yard set back of 40± feet; an addition to the left side of the building, which conforms to current dimensional requirements; and additions to the right side of the building with a side yard of 2.8± feet and 25.8± feet respectively. The property is situated in the Business Park Development District. The provision of the Salem Zoning Ordinance, which is applicable to the request for a Special Permit, is Section 5-3 0), which provides as follows: "Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeals may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for change, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, 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, Special Permit requests 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 Variances which have 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 other land, 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 substantialk, derogating from the intent of the district or the Ordinance. i DECISION OF THE PETITION OF KELLY AUTOMOTIVE GROUP REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 347 HIGHLAND AVENUE BPD page two The Board of Appeals, after careful consideration of the evidence presented, and after reviewing the submitted site plan makes the following findings of fact: 1. Petitioner, Kelly Automotive Group, Inc. is a Massachusetts Corporation that owns and operates a car dealership business known as "Kelly Honda" at 347 Highland Avenue, Salem, Mass. The petitioner and the principal owner, Mr. Brian Kelly, were represented at the hearing by Attorney Athan A. Vontzalides of 27 Lowell Street, Peabody, . 2. Petitioner presented a site plan prepared by Meridian Associates, Inc. entitled "Plot Plan of Land Located in Salem, Massachusetts, prepared for Kelhon Realty Trust, Scale: 1" = 40', dated July 16, 2003", consisting of one sheet. 3. Attorney Vontzalides explained that the current use of the property as a car dealership is a legally existing non-conforming use, and that the existing building is also a legally existing non-conforming building with respect to its front yard set back and right side yard. He further explained that the existing building is old and outdated, and as a result the petitioner desires to perform a total interior and exterior P renovation to the building. 4. Attorney Vontzalides explained that the front portion of the building will be demolished and rebuilt as a new sales room. The new sales room will remain the same size as before, but will have a new entrance way which slightly protrudes out from the front of the building which will require additional variance relief. 5. Petitioner is also proposing to construct a canopy style addition to the left side of the building which will conform to the current dimensional requirements of the Zoning Ordinance. This addition will be a drive through service area designed to protect patrons from adverse weather conditions, and will contain new office space above the canopy. DECISION OF THE PETITION OF KELLY AUTOMOTIVE GROUP, INC. REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 347 HIGHLAND AVENUE, BPD 6. The Board was further informed that the Petitioner desires to construct two small additions to the right side of the building. The first addition is a canopy structure which will create a designated delivery area designed to protect customers and new vehicles from adverse weather conditions at the time of purchase and delivery. The second addition is directly behind the proposed canopy. It will contain approximately 340 square feet of area and be used as additional office space in connection with the new sales room. Lastly, an approximately 3,500 square foot addition will be constructed to the rear of the building for expansion of the service department. Attorney Vontzalides stated that the existing building already contains a nominal right side yard, which side yard abuts a cliff of ledge resulting in the Petitioner's property being at a much lower elevation than the abutting property. As a result, all of the additions can be constructed without having any adverse impact to the most immediate abutter, or to any of the surrounding abutters. 7. Attorney Vontzalides further explained that due to the location of the existing building, it is impossible to perform these improvements . without variance relief which creates a substantial hardship to the petitioner. Because the request for relief is similar to the existing non-conforming setbacks, the relief can be granted without any adverse effect to the surrounding area and without substantial derogation from the intent of the Zoning Ordinance. Furthermore, the proposal will result in a modern and more esthetic site, without increasing motor vehicular storage so as not to be substantially more detrimental to the existing area than the existing non-conforming facility. On the basis of the above findings of fact, and on the evidence presented at the hearing the Zoning Board of Appeals concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship on the petitioner. 3. The relief requested can be granted without substantial —13 substantially derogating from the intent of the district or the purpose of the ordinance. � euested is in harmonl with the a neighuorhood and vmill promote the public health. safety_ convenience and welfare of the City's inhabitantS. ' DECISION OF THE PETITION OF KELLY AUTOMOTIVE GROUP, INC. REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTTr LOCATED AT 347 HIGHLAND AVENUE, BPD Therefore, the Zoning Board of Appeals voted unanimously, 5 —0 to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done per the plans and dimensions submitted. 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. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A certificate of inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Permit and Variance Granted. September 17, 2003 /V'�� � �'C Nina Cohen Chairman, Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 - - EDGE OF PAVEMENT 1, THE SOLE PURPOSE OF THIS PLAN IS TO ACCOMPANY PUBLIC-1946 STATE HIGHWAY ALTERATION j.* A REOUEST FOR VARIANCE AND SPECIAL PERMIT FROM ( ) THE CITY OF SALEM ZONING BOARD OF APPEALS. HIGHLAND A VEN U..� GUARD RAIL s CONCRETE CURB 2 THIS PLAN IS NOT TO BE USED FOR THE BITUMINOUS CONCRETE CURB RECONSTRUCTION OF BOUNDARY LINES OR GRANITE CURB FOR TITLE INSURANCE PURPOSES. ` J. THIS PLAN DOES NOT REPRESENT A CONFIRMATION OF BOUNDARY LINES NOR A DETERMINATION OF TITLE BUT IS SOLELY INTENDED TO DEPICT THE Y=37.24' 162.76' AND OFFSET DIMENSIONS OF THE PROPOSED STRUCTURE REQ DED L SAND r TO THE BOUNDARY LINES AS DEPICTED BASED ON REGISTERED LAND COURT CASE No. 11802-31. PROP. w N BUILDING H 4. THE SUBJECT PROPERTY IS DEPICTED AS LOT 44 N -ADD1T10N . ON CITY OF SALEM ASSESSORS MAP Z NOW OR FORMERLY £ Off/ 5. THE SUBJECT PROPERTY IS LOCATED IN ZONE BPD �� CEDAR ROAD TRUST No. 347BUILDING (BUSINESS PARK DEVELOPMENT DISTRICT). PROP. BUILDING o 1 STORY I/ OVERHANG OVERHANG (TYP.) CONCRETE BLOCK I 5� 2.8't BUILDING Gp e KELLY HONDA' _. _ J�4 RECORD ONN R C,p ABBREf71 TED SCffFVULF KELHON REALTY TRUST ao OF D1WArS10AW CONTROLS PAULA s LAROSA, TRUSTEE PROP. r -- — — `' C/o BURNS & LEVINSON BUILDING PORTION OF DISPOSAL PROP. `11l SITE SUBJECT TO ZONING DISTRICT. BUSINESS PARK DEVELOPMENT 18 SUMMER STREET . ADDITION � BUILDING 0 BOSTON, MASSACHUSETTS 02110 r ACTIVITY & USE ADDITION 36.8'± JQ REQUIRED PROVIDED CERTIFICATE No. 67406 LIMITATION F0 MINIMUM LOT AREA: 40,000SF. 94,965SF. DEED BOOK 13817, PAGE 332 9.0't \ 5 MINIMUM LOT WIDTH: 150' 200' 6.7't 0p L 0 T COVERA GE.• 45% 20% PROP. D/SPOSA SITE \p� BUILDING & R NSE o �0 FRONT YARD SETBACK: 50' 40.3'± • RFFERFN(`FSi ACTION OUTCOME o 4 — CERTIFICATE No. 67406 ADDITION o SIDE YARD SETBACK: 30' 2.8.f * NOW OR FORMERLY BOUNDARY FOR REAR YARD SETBACK: 50' 259.8± — DEED BOOK 13817, PAGE 332 CEDAR ROAD TRUST DEP RELEASE LAND COURT CASE No. 11802-31 * CONCRETE IJ'3-4601 AND MAXIMUM HEIGHT OF BUILDING. 50' 23'± — LAND COURT CASE No. 11802-30 * #N93-0224 BUFFER FROM RESIDENTIAL: 75" NIA LAND COURT CASE No. 11802-32 PAD DISPOSAL SITE Ti & / — LAND COURT CASE No. 11802-45 (SEE DOCUMENT RESPONSE ACTION OPEN SPACE: 10% 12% No. 324187*) — LAND COURT CASE No. 11802-46 * OUTCOME BOLNARY r s * — LAND COURT CASE No. 7159—A REQUIRES VARIANCE FROM ZONING BOARD OF APPEALS FOR DEP RELEASE r n ti„ �a _ * d .8't - LAND COURT C,_SE ..... 7, l 25 .,9 B 13-4601 AND - 1946 STATE HIGHWAY ALTERATION JN93-0224 (SEE - PLAN BOOK 57, PLAN 22 DOCUMENT Pic 324187*) *DOCUMENTS ON RECORD AT THE ESSEX SOUTH REGISTRY OF DEEDS N PO S GRAPHIC SCALE �BITUM/NOUS NOW OR FORMERLY SCALE. 1"--40' CONCRETE � PAVEMENT HUTCHISON REALTY TRUST FEET , 40 0 20 40 80 160 t NOW OR FORMERLY CEDAR ROAD TRUSTMETERS 0 10 20 40 60 0 i - v n.r a m ::OC TOTAL AREA I N« I 949965fS.F. D m 7 PLOT PLAN OF LAND (TO ACCOMPANY A REQUEST FOR VARIANCE AND SPECIAL PERMIT) ' w LOCATED IN SATTS LEM, 1LASSACHUSEM r ESSEX COUNTY hyP PREPARED FOR KELHON REALTY TRUST Now OR FORMERLY o aF PP SCALE: 1 "= 40' DATE: JULY 16, 2003 JOHN M. JNGEMI REALTY TRUST " E OF M R I D I A N r— 200.00' Mos h G �aCHARLESE. ycN �j. ASSOCIATES, INC . r,^ A'p WEAR M m 98 HIGH SI'REI:T 69 MILK STREET,SUITE 302 .NOW OR FORMERLY RL �"'SlOr�`� CIVIL y DANVERS,MASSACHUSEITS01923 WESTBOROUGH,MASSACIIUSETTS01591 t CITY OF SALEM No• c c TELEPHONE: (978)739-9130 TF,LEPHONF.: (508)871-7030 t 9� EPe I G� WWW.MERIDIANASSOC.COM DWG. No. 4144VAR1pm 11 SHEET No. 1 OF 1 PROJECT No. 4144 N.B. 1351, PC. 155 NO. DATE DESCRIPTION BY CHK'D 2�1 b3 - _ CMmght 0 by Mmchm A mmm,Inc. All cghn nsm"1.