92 JACKSON STREET - ZBA 92 JACKSON STREET (B-4)
STEVEN MESSIER N.E. WIRE
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DECISION OF THE PETITION OF STEVEN MESSIER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 92 JACKSON STREET (B-4)
A hearing on this petition was held September 20, 1995 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert
Hill, Nina Cohen, 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, owners of the property New England Wire Assembly, Inc.request
a Variance for a Change of Use (Wire Assembly) for the property located at
92 Jackson Street (B-4) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . 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.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Ward 3 Councillor John Donahue spoke in favor of the petitioner.
2. City Planner by letter dated September 18, 1995 expressed his support
for the petition.
3. By letter dated September 8, 1995 Leonard Lucas, Vice President of
Guilford Transportation Industries, Inc. expressed an interest in the
petition in as much as it was in proximity to an existing railroad
right of way.
4. Steven Messier and Joseph Francis, principal of New England Wire
Assemblies, Inc. were in attendance.
5. The subject building has been vacant for one year and was foreclosed
on by the Salem Five Cents Saving Bank in 1994.
6. The surrounding area contains a businesses including food distributor,
and Petitioner's wire assembly business will be in keeping with the
nature and character of the surrounding area.
7. The petitioner plans to demolish an existing one story portion of the
structure and will create 3 or 4 off-street parking spaces.
8. The petitioner is negotiating with the owners of the nearby gas station
to lease off-street parking spaces for its employee's.
9. The petitioner's business will have a minimal impact on the area's
vehicular traffic.
10. The petitioner's wire assembly business will be in keeping with the
neighborhood as the subject property reverts back to its old use as a
light manufacturing business.
11. There was no opposition to the petition.
• DECISION OF THE PETITION OF STEVEN MESSIER REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 92 JACKSON STREET (B-4)
page two
_. On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
and not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Inspection is to be obtained.
5. Petitioner is to obtain approval of the Building Inspector and shall
obtain a demolition permit prior to beginning any demolition at the
property.
Variance Granted rA�
September 20, 1995
Gary Barrett, 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
the Massachusetts General Laws 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 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 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.
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CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
WILLIAM E. LUSTER ONE SALEM GREEN
City Planner 3 01970
(508) 745-9595, EXT. 311
FAX(508) 7445918
September 18, 1995
Mr. Stephen Touchette, Chairman
City of Salem Board of Appeals
City Hall
Salem, MA 01970
Dear Mr. Touchette:
I am writing in support of the application for a use variance at 92 Jackson Street, filed by
New England Wire Assembly.
A successful and growing Salem business,New England Wire Assembly must relocate to
a larger, more efficient facility to remain competitive. A move to 92 Jackson Street meets the
company's needs and advances several of the City's economic development goals as well: it
restores a vacant building to active use, increases tax revenues, and creates and retains jobs.
Steve Messier and Joe Francis of New England Wire Assembly have demonstrated their
intent to be good corporate neighbors to the residents of Jackson Street. They have invited
residents to share their concerns, carefully considered the company's potential impact on their
neighborhood and have leased parking for their employees at a nearby gas station. Given the
clean, quiet nature of the business and the conscientiousness of its managers, I believe that New
England Wire Assembly will be an asset to Jackson Street.
I hope you will support the company's request for a use variance.
cerely,
Liam uster
City Planner
i 402 Amherst Street-Suite 300
Nashua,NH 03063-4228
603 595 1614 '
603 595 2414 FAX
GwE—F• •• •-
September 8, 1995
City of Salem
Board of Appeal
One Salem Green
Salem, Massachusetts 01970
Dear Sir:
I have recently recsived a notice, copy enclosed, pertaining
to a land use within your jurisdiction. Guilford Transportation
Industries, Inc. manages the real estate matters for several
corporations and as such would like to respond to your notice.
This notice applies to one of the corporations owned by
Guilford Transportation Industries, they are as follows:
Boston and Maine Corporation
° V Maine Central -Railroad 'Compang
Springfieldd' Terminal- Rai
lway Company
• Hudson River Estates, Inc.
° Delaware River Estates, Inc.
° DH Estates, Inc. (formerly Delaware and Hudson
Railroad)
Please excuse the form nature of this letter. However, the
railroads receive many notices each day and it is often difficult
to review the topic of each notice between the time in which it
is received and the date set for hearing. Therefore, we ask your
cooperation in this regard.
Although the railroads are concerned with each and every
notice, there are certain instances which you may become aware of
that are of particular concern. The railroads are concerned
about any petition which involves land plans showing a crossing
of railroad property. The railroads' concern exists even in the
event that your petitioner indicates that it is ,the holder of a
valid railroad crossing. Further, the railroad-Ware particularly
concerned about development within 25' from the centerline of an
existing railroad track, even if such development occurs on non-
railroad property. As such, petitions for variances from set
back requirements can be particularly troublesome.
City of Salem
Board of Appeal
September 8, 1995
Page Two
The railroads ask your cooperation in bringing their
attention to any such matters.
This letter should not be construed as a waiver of any other
objections which the railroads may have to a proponent's plan.
Thank you for your anticipated cooperation in this regard.
Sincerely/, /
Leonard A. Lucas
Vice President
LAL: img
c: Stephen F. Nevero
Vice President-Engineering
(above w/enc. )
[, gal Notice
. CPPY OF SALEM
BOARD OF APPEAL
_ - - 745.9595 Ext.381 .
Will hold a public hearing fun all
persons interested in the petition &ub-
- - mitted by STEVEN MESSIER fel'a
Variance for a Change of Use (Dire
Assembly)for the property located at
92 JACKSON STREET (B-4). Said
_ to be held WEDNESDAY,
SEPTEMBER 20,1995 AT 6:00 P-'M.,
ONE SALEM GREEN,2nd Floor:
Stephen Touchette,Chairman
(9/6,9/13/95)