89 MARGIN STREET - ZBA d- 89 MARGIN STREET B-5
HORTHSHORE AMBULANCE -_ _
r
" L6aa1 Nelice
_ - CITY OF SALEM - -
_ :.BOARD OF.APPEAL
3 745-9595 EXT.381
i - Will hold a public hearing for all
Persons interested in the petition sub
mitted by NORTHSHORE AMBU-
LANCE, INC. requesting a Special
Permit to allow the use of an office
trailer for a period of six(6)months,to
one(1)year for the property located at
89 MARGIN STREET.(B-5). Said
hearing to be held WEDNESDAY,
L OCTOBER 15, 1997 AT 6:30 P.M.,
ONE SALEM GREEN,2nd Floor.
Gary Barrett.Chairman
(10/1,10/8/97)
Ctu ofSalem, HusSttCl�uSeftS
�trpeal
c:
jrCF
DECISION ON THE PETITION OF NORTHSHORE AMBULANCE REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 89 MARGIN STREET (B-5)
A hearing on this petition was held October 15, 1997 with the
following Board Members present: Gary Barrett, Chairman; Nina Cohen,
Albert Hill, Joseph Ywuc 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 Chapter 40A.
Petitioner is requesting a Special Permit to allow the use of .an
office trailer for a period of one (1) year for the property located
at 89 Margin Street.
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 Sections 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 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 . David Tusburry appeared and represented Northshore Ambulance.
Mr Tusburry said due to more help the office space is to small
to accommodate the extra office help who work there.
2. Petitioner would like temporary space for office help by putting
a 60 x 28 trailer on the property .
3. John Femino, 90 Margin Street appeared and had some concerns
regarding this petition. Mr. Tusburry answered his concerns and
and will work with all of the abutting neighbors.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
L}
DECISION OF THE PETITION OF NORTHSHORE AMBULANCE REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 89 MARGIN STREET. (B-5)
page two
1 . The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
3. A Certificate of Occupancy shall be obtained.
4 . A Certificate of Inspection shall be obtained.
5. Exterior finishes of the temporary construction shall be in
harmony with the existing structure.
6. Trailer shall be placed on the south end on the property.
SPECIAL PERMIT GRANTED
October 15, 1997 � L(KlC CSC�.�
Joseph Ywuuuc 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 or 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
402 Amherst Street-Suite 300
Nashua,NH 03063-4226
603 595 1614
603 595 2414 FAX
GUILFORD TRANSPORTATION INDUSTRIES, INC.
October 3, 1997
City of Salem - Board of Appeals
One Salem Green
Salem, Massachusetts 01970
Dear Sir/Madam:
Enclosed is a copy of a notice I recently received pertaining to a proposed land use in
the City of Salem. Please be advised that Guilford Transportation Industries, Inc. manages
real estate matters for several corporations. This response is sent on behalf of the following
corporations in reply to your notice which was received on October 2, 1997:
° Boston and Maine Corporation;
° Maine Central Railroad Company;
° 'Portland4e'iminal Company;'
° Springfield Terminal Railway Company;
° Hudson River Estates, Inc.;
° Delaware River Estates, Inc.; or
° DH Estates, Inc. (formerly Delaware and Hudson Railroad).
As you may well be aware, the railroads listed above receive numerous notices on a
daily basis. Based upon the limited time frame existing between the date on which the notice is
received and the scheduled hearing date, I respectfully request your cooperation regarding this
matter.
Although the railroads are concerned with each and every notice, there are certain
instances which are of particular concern to the railroads. You may be able to advise me if the
petition involves land plans showing a crossing of railroad property. Specifically the railroads'
concern exists even in the event that your petitioner indicates that it is the holder of a valid
railroad crossing. Also, the railroads must be advised if the petition proposes any
City of Salem - Board of Appeals
October 3, 1997
Page Two
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.
Please be advised that this letter should not be construed as a waiver of any other
objections which the railroads may have to a proponent's plan. However, the railroads
respectfully request your assistance in bringing their attention to any such matters.
Thank you for your anticipated cooperation in this regard.
Sincerely,
,ki � �Q , , AA /hl"�
llie A. Dunn V' resid nt - Real Estate
KAD:mlb
Enclosure
mis \zoning.ltr
l
As Trustee of Sudon Realty Trust, and owners of 89 Margin St., Salem,
Massachusetts, we support and approve Northshore Ambulance's appeal for
a permanent and/or temporary addition to our property.
61
1Lvno/��1 Wk
Bernard M.Phil ' s,Trustee Date
Sudon Realtv Trust