488 HIGHLAND AVENUE - ZBA (2) 0 488 HIGHLAND AVENUE
1l NEXTWAVE TELECOM, INC.
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CITY OF SALFM. MASS
CLFRK'S OFFICE
DECISION ON THE PETITION OF NEXTWAVE TELECOM,. INC.FOR A VARIANCE', AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 488 HIGHLAND AVENUE,(BPD)
A hearing on this petition was held February 19, 1997 with the following
Board Members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill,
Joseph Ywuc, and Arthur LeBrecque. 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 Variance\Special Permit to install antenna on
existing 170 foot high tower for the property located at 488 Highland
Avenue. This property is located BPD zoning district.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , which provides as follows:
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 8-6 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 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, 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 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 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.
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DECISION OF THE PETITION OF NEXTWAVE TELECOM, INC. FOR A SPECIAL PERMIT
AND VARIANCE FOR THE PROPERTY LOCATED AT 488 HIGHLAND AVENUE, SALEM
page two
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.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact:
1. Petitioner sought a special permit and/or variance for a change of use
to allow it to install a structure consisting of an array of 6 digital
transmitters on the existing 170 foot transmission tower that is
located on the Camp Lion property at 488 Highland Avenue in Salem.
2. On discussion, it appeared that the petitioner wished to withdraw it
request for a variance. Petitioner's motion to withdraw the part of
its petition requesting a variance was granted on unanimous vote by the
Board.
3. With respect to the request for a special permit, the petitioner stated
that the antenna array would serve the needs of Salem consumers by
providing radio transmission services for the use of cellular phone and
beeper systems, including 911 system used by police and fire department
personnel. The Nextwave equipment would be installed on the tower below
an array owned by Cellular One, and associated electrical equipment
in a fenced area at the foot of the tower where
would be installed a ere the
Cellular One electrical equipment no lies.
4. The new array would require monthly service by Nextwave technicians.
5. The Board heard questions raised about the advance of digital trans-
mission systems in Essex County that were raised by Richard Ajootian,
a member of the Middleton Zoning Board of Appeal. There was no other
opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1. Special conditions do exist which especially affect the subject
property and 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 detriment to
the public good and without nullifying or substantially derogating from
the intent of the district or the purpose of the ordinance.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
DECISION OF NEXTWAVE TELECOM, INC. FOR A SPECIAL PERMIT AND A VARIANCE
FOR THE PROPERTY LOCATED AT 488 HIGHLAND AVENUE (BPD)
page three
Therefore, the Zoning Board of Appeal unanimously, 5-0 to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2. All construction shall be done as 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 building permit prior to beginning any
construction.
5. A Certificate of Inspection shall be obtained.
6. Exterior, finishes of the new construction shall be in harmony with the
existing structure.
Variance Withdrawn without prejudice
Special Permit Granted
February 19, 1997 / n j�
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Nina Cohen, Member
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
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 has been filed, that it 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
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