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Legal Notice
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext 381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by CENTURION GROUP
requesting a'Variance from lot cover-
age, side yard setback, rear yard set-
back and height to construct a third
building for the property located at 435
HIGHLAND AVENUE B-2.Said hear-
ing will be held on Wednesday,Octo-
ber 18,2006 at 6:30 P.M.,120 Wash-
Ington Street 3rd floor,Room 313.
October 4&11,2006 Nina Cohen,'
1 Chairman
SN— 10/4,10/11/06
I
r ONDIT CITY OF SALEM, MASSACHUW,'TSA( EK MA
BOARD OF APPEAL
120 ERE4's!O�FICE
120 WASHINGTON STREET. 3RD FLOOR
( SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
KIMBERLEY DRISCOLL FAX: 978-740-9846 . .TODD NOV +'I �0_•'3{' 0 1
'
MAYOR
November 6, 2006
Decision
Petition of Centurion Group requesting Variances from Maximum Lot
Coverage, Maximum Building Height and Dimensional Relief to Construct a
Third Building on the Site Located at 435-443 Highland Avenue B-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on October 16, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, with the following Zoning Board members present: Nina
Cohen, Elizabeth Debski, Richard Dionne, Steve Pinto, and Robin Stein.
Petitioner seeks variances from density, height, allowed lot coverage and dimensional
requirements of the Salem Zoning Ordinance to allow construction of a new 7,200 sf
two-story building. The proposed new structure will be used as part of the petitioner's
business as a self-storage facility.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing and of the plans and attachments submitted with the petition, makes the following
findings of fact:
1. Petitioner Centurion represented the corporate owner, Uncle Bob's Self
Storage, headquartered at 234 Main St., Buffalo NY 14421. Representing
petitioner were Bob Fantasia and Richard Pasternak of the Centurion Group,
of Lexington MA, and Ray Gienapp, architect, of Gienapp Design Associates.
2. Petitioner's property lies in the B-2 zoning district and is also within the
Entrance Corridor Overlay District, defined in Art. VII, Sec. 7-19 of the City
of Salem Zoning Ordinance.
3. The property consists of a 79,690 sf site at the intersection of Highland
Avenue, a state highway, and Clark St., a residential street, The site is
Oklahoma-shaped, formed by a rectangle along.Highland Ave. with an
narrower extension extending toward Clark St. on the north side.
4. Petitioner currently operates a self-storage business within two large existing
2-story buildings on the site. The existing business is conforming as to
setback requirements and legally nonconforming as to lot coverage. Petitioner
2
was granted variances from this Board in 1987 from frontage, lot size and use
requirements to allow the facility to be used for the current business operation.
5. Petitioner proposes to erect a third building on a section of the property which
is currently used for vehicle and boat storage. The extension abuts a new
Dunkin Donuts facility, which is entered from Highland Ave., and a
residential property, which is entered from Clark St.
6. The dimensions of the proposed structure are 120 ft long by 60 ft wide and 33
ft. tall. According to site plans submitted by the petitioner, the proposed
structure would be set back 5 ft from Clark St. and 5 ft from the rear property
line, where the abutting property is residential. Petitioner proposes to rebuild
a concrete retaining wall and erect a stockade fence between its property and
that of the abutting property owner.
7. Lot coverage with the new building would go from 39.8% at the present to
48.8% with the new addition.
8. The Board questioned whether the plan allowed adequate access by safety
vehicles, including fire equipment, and whether it provided drainage plans for
water runoff from the roof.
9. The proposed petition was opposed by Dennis Colbert of 37 Clark St., and by
City Council President Jean Pelletier, on the grounds that the development
was overly large and dense for the site and did not adequately provide for
issues arising from water runoff and access by safety equipment.
10. Opponents also objected to the lot coverage request, on the grounds that the
proposed building would not fit in with the surrounding Dunkin Donuts and
residential buildings which are substantially smaller buildings and more
residential in appearance.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the petition, the plan and testimony heard at the Meeting,
the Zoning Board of Appeals concludes as follows:
1. The proposed plan is overly dense and does not adequately address issues of
safety access and water runoff.
2. No traffic plan was submitted to show movement of vehicles within the site.
3. The size and position of the proposed building fails to take into account the
proximity of residential neighbors and the scale of neighboring structures on
the east and west. The plan for a massive, undifferentiated structure between
smaller residential structures is totally insensitive to the existing structures.
3
4. The requested relief would result in a substantial detriment to the public good
in allowing the expansion of an existing use in an Entrance Corridor Overlay
District without any enhancement of the existing warehouse structures,
signage or landscaping.
5. The relief requested would nullify or substantially derogate from the intent or
purpose of the zoning ordinance by allowing an excessively dense commercial
structure to be erected adjacent to a residential neighborhood without any
buffer zone or border, and without providing adequately for public safety
vehicles' access.
In consideration of the above, the Salem Board of Appeals voted, four(4) opposed
(Cohen, Debski,Dionne and Pinto) one (1)in favor(Stein), to deny 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 and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain street numbering from the City of Salem Assessor's office
and shall display such numbers so as to be visible from the street.
5. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, without limitation, the Planning Board, the Design Review
Board and the Conservation Commission.
2..:,, to r/6
Nina Cohen, 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 South Essex Registry of Deeds.
7- _.
I I_
I '
435--443 HIGHLAND AVENOF
I
SALEM, MA
CA-
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I
LEGAL DESCRIPTION
I
r A CERTAIN PARCEL OF LAND LOCATED IN SALEM,
ESSEX COUNTY MASSACHUSETTS, BEING MORE '
> PARTICULARLY DESCRIBED AS FOLLOWS;
I ° I ,
T, SAID POINT BEING A MASS
P HIGHWAY BOUND (MHB) ON THE EASTERLY SIDELINE
�— eavuE�E Rerurowc ws� w/s noceiae EENCf w/evrect NRE BEGINNING AT A POINT
N 19'18'20" E 488.50' OF HIGHLAND AVENUE, 171,59 FEET FROM THE
Ue. — 117.7 6' STOCKAD FENCE W RBED !N E
1., d4T'N�6 INrERSECTION OF CLARK STREET AND HIGHLAND
c
I
(n LOT 321 0 0 0 0 ! AVENUE
-
(n P r ce O — � ,,,K�
L.C LAN 7159 K I ' '
OF 8
W FOR t
FEET CBY HIGHLAND OA E UE,• A DISTANCE 0 21.2
's GAJ PARKING AREA Ga' I LOT.,•1QQ9 B2 CONI. PAVE '
o UNMARKED Bir CONI. PAVE. TOTAL AREA 79, 690 S.F L.C. PLAN 7159 / rHENCE S 6527'40" E FOR A DISTANCE OF
o
— 199.99 FEET,•
a THENCE N 19-16'20- E FOR A DISTANCE OF
ANE
CONCRETE FIRE LBLDG. Hr 17.5' 285'
n 3 EEA7ERIOR I 488.•5~0 FFFI'
2 — sraRwar THENCE Al ;3'43'.30" W FOR A DISTANCE_ OF
(7rPicAc) I f� 7U,55 FE tZ-
Xl
k c w d MIS c c —c--� h TWO STORY CONCRETE BLOCK �" 7NENCE S 21'09'10" W FOR A DISTANCE OF
w w � �.-
�1 PARKING AREA 20 _ 125. 70 FT E7,
G� UNMARKED RpJE� `� r— BUILDING "B" 2 o THENCE N 65'11'10" W FOR A D/STANCE OF
G
V CO/,C. I �Aoo� 15,875 t S,F, o' 125.00 FEET TO HIGHLAND AVENUE,
ro 1,0 70 m THENCE BY THE CURVED LINE OF HIGHLAND AVENUE
�o s 2ros•ro" w ' ' •
' RGG FOR A D1SrANCE OF 31.59 FEET TO THE POINT OF
TNG BLDG, HT. a 21.5' q 285' I BEGINN,'NG.
� I t ,
AEEN1� w o 25Y— SAID AGOVT DESCRIPTION IS INTENDED TO DESCRIBE' t
fENGEUGHM THE PERIMETER OF LOT J21 ON L.C. PLAN 7159 K
ENGR 0 Ce a Co o AND LOT 1008 ON LC PLAN7159 I. SAID PARCELS
h Bir, CONC. PAVE, —w—b N HAVING A COMBINED AREA OF 79,690 S,F. (1.8J ALU
c•)
I BIT, CONC. PAVE
0 IRON I ;L�C. GATE f
FENCE 25
9 NOTES
' A.C. BLDG. HT.= 117.6' 285'
0 UNITTHE PROPERTY SHOWN lS PARCEL "127 .ON
ASSESSOR'S MAP J.
ELEC. METER I
INNz ZONING DISTRICT - B-2 ,
- - n^hi•. - TWO, STORY CONCRETE BLOCK SETBACK REQUIREMENTS
00
BUILDING
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24 h
e "A"
FroNr TARO - Jo Fr
I 15,875:t S.F. 7t'F IR YARD - JO FT
tp
W BLDG. NT - 21.5 SEE VARIANCES GRANTED BY THE ZONING
ARE No _�43 OVERHEAD AWNINGS (TYR, 285' �: BOARD OF APPEALS ON DEC. 2, 1987 AND
0 AUG, 9, 1989.
2s.9� ,
PROPERTY SHOWN IS LOCATED lN`ZONE CAREA OF -
L=31.59' °� 1' WATE w __-—".____ �;,---k Bir. GONG. PAVEMENT FRM FCRMSALEM, M INIHAL ��0/MMU PANEL NO.NG AS SHOWN ON E "
R-1959.00' a 0 250102 0005 B, EFFECTIVE 815165,
G=00'5529' a &T CONC. ° N
B=N 19'•(.77," E PAVE. `+� 0/r CONC, PAVE.
Chd.=,1.59' ars kwacw I p C6 ANY ELEVATIONS SHOWN ARE BASED ON THE
SXN . P.O.B. qy PANKWC I CmwB P raver c I POG 1946 STATE CITY OF SALEM DATUM.
171.59' TO aRK SrFND L=,1.59' u.N.d Q Q Q SHRUBS0 Q Q 321.28'Q SHRUBS (� Q Q 1. G• Y 1 a I "+ h ,• ,
THE TAKING 8Y THE COMMONWEALTH OF.MASS-
a=1959.00' 1.9'18'20 W -- llIGHWAY LAYOUT
-�' ACHUSETTS IN DOCUMENT NO, 498JI LIES
_____ON�; �:,�: � ENTIRELY W1TH1N THE RICHT-OF-WAY OF
B? COArRE7F S/OEW�•�i5 -ON—OH
HIGHLAND AVENUE.
Swat- UAWg ca --0 SMH THE PORTION OF T/i- PROPERTY SHOWN AS LUT
--w— 1006 IS SU6✓ECT TO A BLANKET TYPE EASEMENT
N FAV OR OF NEW ENGLAND TELEPHONE AND
B/TUA//NOUS CONCRETE PAVEMENT TELEGRAPH COMPANY AND RECORDED AS I
w------ . __ DOCUMENT N0. 112097. ANY ABOVE GROUND � „C
HIGHLAND PUBLIC — i�ARIABLE W/DTH Mass. Hl /JWO n INDICATION OF THE UTILITY COVERED BY S41D j .� :•
4` 9 y A VENUE EASEMFNr IS SHOWN HEREON.
--- (NORTHBOUND) ,, ,
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RIGHT TURN ONLY {
ONE WAY
SIGN T
° PLAN OF LAND
EXISTING TRAFFIC SIGNALS IN
.S Ir rM, ESSEX COUNTY, MA. ,
I ,
PREPARED FOR i
TO PAINS WEBSER' REAL ESTATE SECURITIES, /,NC. ITS
SUCCESSORS AND/OR ASSIGNS, CHICAGO TLTLE INSURANCE S(, 7i ,lN ACQUISITION. : LIMITED
U77LI7Y STATEMENT COMPANY, PHILLIPS, LYTHE, HITCHCOCK, BLAINE & HUBER
THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED AND SOVRAN ACOU15177ON LIMITED PARrAIERSH/P: PARTNERSHIP
UTILITY COMPANIES: FROM FIELD SURVEY LATA AND EXISTING DRAWINGS THE '
l CERTIFY THAT'7NlS PLAN AND' THE SURVEY ON..WHICH. /T "
BOSTON GAS COMPANY SURVEYOR MAKES NO GUARANTEE THAT THE UNDERCRd UND UTILITIES IS BASED MEET THE "MINIMUM STANDARD DETA14 REOUIREMENTS j L j?( ~ = 20'p rfAN. Jam, 1 998 1 �
SHOWN COMPRISE ALL SUCH UTILITIES /N THE AREA. EITHER FOR ALTA AGSM''LAND TITLE SURVEYS" JOINTLY ESTABLISHED !_^
MASSACHUSETTS ELECTRIC COMPANY
IN SERVICE OR ABANDONED, THE SURVEYOR FURTHER. DOES AND ADOPTED BY'ALTA AND ACSM IN 1992 AND MEETS THE 4,
BELL ATLANTIC TELEPHONE NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE INo• 1 LANDMARK '
CITY OF SALEM SEWER & WATER THE EXACT LOCATION lNDIGATED BUT ARE SHOWN AS ACCURATELY ACCURACY REQUIREMENTS OF AN URBAN. CCASS SURVEY' I
D1FNEDTABLERAIM, AND
OFCLTDETHEEBEST,OF MY KNOWLEDGE ';' l LNG/NEER/NG' & SURVEYING, INC.
AS POSSIBLE FROM INFORMATION AVAILABLE, THE SURVEYOR I ! �t: 58.3 CHESTNUT STREET y '
HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTX1T/FS. THIS PLAN CORRECTLY SHOWS THE LOCATION OF ALL STRUCTURES / c LYNN, ' MA 01904 Y 1
' 1 AND IMPROVEMEN75 AND THAT I AM A LICENSED LAND SURVEYOR (617)592-7016
IN THE STATE OF MASSACHUSETTS.
�-WONDA
R ONDA M, MCMANUS, P.L.S. MA REG. NO 35041 DATE w
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