53 & 59 JEFFERSON AVENUE - ZBA r7-7
53 6 59 JEFFERSON AVENUE.
GRANSES BROTHERS REALTY TRUST
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Legal Notice '
CITY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for at'
persons interested in the petition sub-
mitted by GRANESE BROTHERS
REALTY TRUST requesting a Vari-
ance for increase of frontage for 59
JEFFERSON AVENUE and a Vari-
ance from side lot for 53 JEFFERSON
AVENUE for the property located at
53 & 59 JEFFERSON AVENUE I.
Said hearing to be held WEDNES-
DAY, APRIL 21, 1999 at 6:30 P.M.,
ONE SALEM GREEN,2nd FLOOR.
Nina Cohen,Chairman
1
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(91tV of L$Zilpm, tts�ttrllusef#s'J SALE MA
g 'S OFFICE
Iggq APR 21 A 11: Oq
DECISION OF THE PETITION OF GRANESE BROTHERS REALTY TRUST
REQUESTING A VARIANCE FROM THE PROPERTY LOCATED AT 53-59
JEFFERSON AVENUE I
A hearing on this petition was held April 21, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris, Stephen Buczko and
Paul Valaskagis. 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 Chapter40A.
The petitioners have requested a Variance for increase of frontage for 59 Jefferson
Avenue and a Variance from side lot for 53 Jefferson Avenue.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3_ Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1. Petitioner Granese Realty Trust, represented by Attorney David Ankeles, owns the
property at 59 Jefferson Ave., which is currently used for commercial purposes
consonant with its industrial district.
2. Newark Boxboard Co. ("Newark") is the owner of record of the adjoining property at
53 Jefferson Avenue. On this location, North Shore Recycled Fibers operates is
business in conformance with the use limitations of the zoning district. Jeffrey
Shribman, Esq., represented this party at the hearing.
3. Granese and Newark with to enter a mutual land swap. Newark proposed to
exchange a triangular portion of the lot on the Jefferson Avenue lot line for a portion
of the Granese lot location on the lot line closest to the North Shore Recycled Fibers
CiIY 30F SALEM. MA
I"ERK'S OFFICE
DECISION OF THE PETITION OF GRANESE BROTHERS REALTY TRUST
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 53-59 JEFFERSON
AVENUE 1 M9 APR 21 A 11: OQ
building. The proposed land swap would exchange land of roughly equal value and
would create a new, more perpendicular borderline between the lots.
4. The proposed exchange would affect the zoning requirements in three ways. It would
increase the frontage of the Granese lot on Jefferson Ave. from 130 ft. to 150 ft;, thus
bringing the lot into compliance with the frontage requirements of the ordinance
without rendering the Newark lot nonconpliant as to frontage.
5. On the Newark lot the proposed would eliminate and existing nonconformity as to
side yard requirements on the side adjoining the Granese lot, thus ease access for
maintenance, fire and emergency use at ttie North Shore Recycled Fibers plant.
However, the swap would result in a nonconformity on the Newark lot as to side yard
requirements at the Jefferson Avenue end, where the transfer to Granese creates a
lot line within thirty feet of the front comer of the Recycled Fibers plant.
6. The parties did not testify as to the exact dimensions of the corrections and the
Resulting nonconformity on the two lots. However, they averred that the proposed
reconfiguration would be referred to the Planning Board and approval, presumably
the precise dimensions, with plans, would be submitted at that time.
7. There was no opposition to this proposed petition.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3 Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board. All construction shall be
done as per plans and dimensions submitted and approved by the Building
Inspector.
Variance Granted
April 21, 1999 ^
Nina Cohen, Chairman
Board of Appeal
I T Y F SALEM. MA
CLERK'S OFFICE
DECISION OF THE PETITION OF THE GRANESE BROTHERS REALTY TRUST
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 53-59 JEFFERSON
AVENUEI
page three 1999 APR 21 A I1: 09
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 Law_s 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 owners Certificate of Title.
Board of Appeal