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97 MARGIN STREET - ZBA OL4 � 5_ j r 1 '1 S I Legal Notice I;I y1 CRY OF SALEM BOARD OF APPEAL 978-745-9595,Ext 381 will hold a public hearing for all per- sons interested in the petition submit- ted by MASSACHUSETTS ELECTRIC COMPANY requesting a Special Per- mit to install two additional trans- 1 formers and associated electric equipment and a Variance from lot size and side yard setback to Install J two steel poles for the property locat- ed at 97 Margin Street 1.Said hearing : will be held on Wednesday,April 20 - 2005,.6:30 p.m., 120 Washington Street,3rd floor,Room 313. Nina Cohen,Chairman (4/6,13) ` r o CITY OF SALEM, MASSACHUSETTSCI -� BOARD OF APPEAL ~"� LLERV v ' f-IA 120 WASHINGTON STREET, 3RD FLOOR r, `y �FF�C.'-'E SALEM, MA 01970 `— TEL. (978) 745-9595 FAx (978) 740-9846 STANLEYJ.MAYOR VICZ, JR. ZOOS APR 28 'A 31 DECISION ON THE PETITION OF MASSACHUSETTS ELECTRIC COMPANY REQUESTING A SPECIAL PERMIT AND A VARIANCE FOR THE PROPERTY LOCATED AT 97 MARGIN STREET A hearing on this petition was held on April 20, 2005 with the following Board Members present: Nina Cohen, Chairman; Richard Dionne, Ed Moriarty, Nicholas Helides, and Bonnie Belair. 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 requests a Special Permit to install two additional electric substation transformers and associated electric equipment on property located at 97 Margin Street, off Jefferson Avenue. Petitioner also requests a Variance from lot width as well as from side yard setback to install two steel poles associated with the substation. The site is located in the Industrial Zoning District and already is the site of an electric substation owned by Petitioner and its affiliate, New England Power Company. The provisions of the Salem Zoning Ordinance which are applicable to these requests are Sections 5-3 j, 8-6, and 9-4 for a Special Permit, Section 9-5 and Table II following Section 6-4 for the Variance, all of which provide as follows: Section 5-3j Extension of Nonconformity. Notwithstanding anything to the contrary appearing in this ordinance, the Board of Appeals may, in accordance with the procedures and conditions set forth in Sections 8-6 and 9-4 herein, grant Special Permits for alterations and reconstruction of nonconforming structures and for change, 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, nor shall this paragraph apply to billboards, signs or other advertising devices. Section 8-6 Board of Appeals; granting Special Permits Notwithstanding anything to the contrary appearing this ordinance, the Board of Appeals may grant Special Permits as authorized by Section 5-30) and section 9-4 herein when the same may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this ordinance. DECISION OF THE PETITION OF MASSACHUSETTS ELECTRIC REQUESTING A SPECIAL PERMIT & VARIANCE FOR THE PROPERTY LOCATED AT 97 MARGIN STREET Section 9-4 Special Permits a. In hearing and deciding applications for Special Permits, the Board of Appeals shall decide such questions as are involved in determining whether such Special Permit should be granted and shall grant Special Permits with such conditions and safeguards as are appropriate under this ordinance or shall deny Special Permit when not in harmony with the purpose and intent of this ordinance. The Board of Appeals shall not have the power to grant any Special Permit where use of land or structure is specifically excluded from the district. b. The Board of Appeals may authorize the issuance of a Special Permit for a change to another nonconforming use of an existing nonconforming building or use or its alteration or enlargement, provided that the Board finds that the use as changed, altered or extended will not depart from the intent of this ordinance and its prior use or degree of use; provided that such building or use is neither increased in volume nor area unreasonably. c. A Special Permit shall not be granted by the Board of Appeals unless and until written application for the Special Permit is made, stating the grounds on which such permit is requested and public notice and hearing is held in accordance with Chapter 40A and unless said application complies in all other respects with provisions of this zoning ordinance. d. Violation of such conditions and safeguards as are made a part of the terms under which the Special Permit is granted shall be deemed a violation of this ordinance. e. Failure by a Special Permit granting authority to take final action upon an application for a Special Permit within ninety(90) days following the date of public hearing shall be deemed to be a grant of the permit applied for. f. Construction or operations under a Special Permit shall conform to any subsequent amendment of this ordinance, unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. g. Any Special Permit granted under this section shall lapse to within two (2) years, and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. Section 9-5 Variances DECISION OF THE PETITION OF MASSACHUSETTS ELECTRIC COMPANY REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 97 MARGIN STREET a. In authorizing, upon appeal or petition in specific cases, a variance from the terms of this ordinance, the Board of Appeals shall determine that such variance will not be contrary to the public interest and that, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. b. A variance from the terms of this ordinance shall not be granted by the Board of Appeals unless and until: 1. A written application for a variance is submitted, demonstrating 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 and structures in the same district; b. Literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant; and 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 purposes of this ordinance. 2. Public notice and hearing is held, according to the rules of the Board. c. In granting any variance, the Board of Appeals may impose limitations both of time and of use, and the continuation of the use permitted shall be conditioned upon compliance with regulations to be made and amended from time to time thereafter. Violation of such limitations and regulations shall be deemed a violation of this ordinance. d. Rights authorized by a variance that are not exercised within one (1) year of the date of the grant of such variance shall lapse. Table lI lot width and side yard setback in the Industrial Zoning District: Minimum lot width (feet) 150 Minimum width of side yard (feet) 30 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. As to authorizing a Variance, in summary, the Board requires that Petitioner demonstrate (i) special conditions and circumstances affecting its proposed project but not generally DECISION OF THE PETITION OF MASSACHUSETTS ELECTRIC COMPANY REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 97 MARGIN STREET affecting other lands, buildings or structures in the same district, (ii) literal enforcement of the Zoning Ordinance would involve substantial hardship to Petitioner, and (iii) 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 Zoning Ordinance. The Board of Appeals, after careful consideration of the evidence presented, and after viewing the submitted plans, makes the following findings of fact: I. Petitioner Massachusetts Electric Company seeks permission to install two additional transformers and associated electrical equipment adjacent to the existing electric substation on property located at 97 Margin Street, off Jefferson Avenue. The new transformers will tap the existing 115 kV transmission lines and reduce the voltage to 13.8 kV for delivery to customers. 2. Petitioner also seeks permission to install a single-story 14 foot by 36 foot prefabricated metal building to house the protection and control systems for the new equipment. The building will meet all setback requirements, however two steel poles required to tap the transmission lines will be within the 30 foot side-yard requirement. 3. The lot is 50 feet wide, as measured at the 30 foot setback from Jefferson Avenue, and opens to approximately 160 feet in width at the location of the substation. 4. As grounds for its Petition, Petitioner states that continued load growth in the City of Salem requires the installation of the described equipment and building to meet electrical demand in a safe and reliable manner. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeals concludes as follows: 1. Petitioner's proposal will promote the public health, safety, convenience and welfare of the City's inhabitants. 2. The Special Permit can be granted in harmony with the neighborhood. 3. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the Petitioner. DECISION OF THE PETITION OF MASSACHUSETTS ELECTRIC COMPANY REQUESTING A SPECIAL PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 97 MARGIN STREET 4. The Variance can be granted without substantial detriment to the public and without nullifying or substantially derogating from the intent of the District's purpose. Therefore, the Zoning Board of Appeals voted 5 in favor and 0 in opposition, to grant the Special Permit and Variance 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 per the plans and dimensions submitted and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 1,411 Special Permit and Variance Granted Nina Cohen, Chairman April 20, 2005 Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY 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 day 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 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 owner's Certificate of Title. Board of Appeal C� APPLICATION BY MASSACHUSETTS ELECTRIC COMPANY FOR A SPECIAL PERMIT AND DIMENSIONAL VARIANCES PURSUANT TO THE CITY OF SALEM'S ZONING ORDINANCE March 10, 2005 0 e " r r L Introduction =0 �o ll Ntn Massachusetts Electric Company("MECo")proposes to install additional equipment t e Cm existing substation, known as Railyard Substation No. 49, located off Jefferson Avenue. The =1 substation is located in the Industrial zoning district and is a non-conforming use. TheRrYore, so m 3 that MECo may lawfully install the proposed additional equipment it is seeking,pursud2 to v Sections 5-3 j, 8-6 and 9-4 of the Salem Zoning Ordinance ("Ordinance'), a Special Permit from the Zoning Board of Appeals ("Board'). Due to the shape of the site, an abandoned railroad bed, the lot width and side yard setback requirements specified Table II following Section 6-4 of the Ordinance cannot be satisfied. MECo is therefore seeking a variance from each of those requirements. 2. Description of the Site The existing 3.7 acre substation site is located adjacent to the Salem DPW garage, the MBTA commuter line, the MBTA maintenance facility and the Salem Police Station in an Industrial zoning district. The proposed substation expansion is consistent with existing, surrounding uses in the Industrial zone, The Site is 50 feet wide at Jefferson Avenue and opens to approximately 160 feet wide at the location of the substation. The City of Salem has an easement across 20 feet of the frontage for additional access to the police station. Existing transmission lines that feed the substation from Salem Harbor Station traverse the Site. The existing substation is located approximately 800 feet off Jefferson Avenue and is enclosed in a chain link fence with approximate dimensions of 135 feet by 150 feet. 3. Project Need Due to continued load growth in the City of Salem, expansion of this existing substation is needed to meet electrical demand in a safe and reliable manner. 4. Proposed Project MECo proposes to install two additional transformers and associated electrical equipment. The transformers and associated equipment will be configured to appear similar to the existing substation equipment. The new transformers will tap the existing 115 kV transmission lines and reduce the voltage to 13.8 kV for delivery to customers. MECo proposes to install a single-story, 14 foot by 36 foot prefabricated metal building to house the protection and control systems for the new equipment. The building will meet all setback requirements,however two steel poles required to tap the transmission lines will be within the 30 foot side-yard requirement. MECo proposes to expand the existing chain link fence, which is topped with one foot of barbed wire, to enclose the transformers, associated electrical equipment and building. The proposed fence exceeds National Electric Safety Code standards,but meets MECO's more stringent safety requirements. Page 1 of4 a 5. Granting The Requested Special Permit Is Appropriate Pursuant to the Ordinance, the Board shall issue a Special Permit only if the proposed project would not cause substantial detriment to the public good. An explanation of the impact the proposed substation expansion would have on the public good follows. a. Social. economic or community needs served by the proposal • The proposed project is required to ensure safe and reliable electricity and to meet the load growth demands within the City of Salem. b. Traffic flow and safety, including parking and loading • The existing substation is unmanned and generates minimal traffic. The proposed project will not increase traffic flow. The only traffic normally associated with the existing substation is an occasional service vehicle entering the Site when company personnel perform inspections and maintenance work. Traffic during construction will be limited to laborers traveling to the Site and material deliveries. A portion of the work requires trenching along the driveway and into Jefferson Avenue and Margin Street. This work will be coordinated with the Salem DPW and Police Department to ensure minimal impact on traffic and no interruptions to emergency services. c.Adequacy of utilities and other public services + Since the Site will be unmanned, it does not require any City or public utility services. MECO plows the driveway from the police parking lot to the substation. In the past, the snow has been side cast and there has never been need for removal. d. Impacts on the natural environment, including drainage • The area where the proposed project will take place is outside all environmental resource zones. Due to the former use of the property as a rail switch yard,the Site has been previously disturbed. The topography will remain flat without the need for significant cuts or fills. Natural features on the Site are very limited. Pioneer shrub and herbaceous vegetation has grown in some disturbed areas and the area of the proposed fence expansion consists of gravel, shrub and herbaceous vegetation and old brush. The area of the proposed fence expansion is currently exposed gravel and brush. The disturbed areas outside the fence limits will be learned and seeded. There is a vegetated area beneath the transmission lines that will be enhanced with additional low-growing plants. e. Neighborhood character • The Substation is located adjacent to the Salem DPW garage,the MBTA commuter line, the MBTA maintenance facility and the Salem Police Station in an hidustrial zoning district. The area is characterized by these industrial uses such as the existing substation, the commuter rail and the DPW garage and storage facility. The substation expansion will be similar to these features. The police station is a brick masonry building located Page 2 of 4 adjacent to Jefferson Avenue. The substation is located approximately 800 feet off the public way. f. Potential fiscal impact, including impact on city tax base and employment • The proposed project will increase the taxable value of this parcel, which may result in increased taxes at the end of the currently effective tax treaty in 2008. Based upon the foregoing facts,the Board should find that the proposed substation expansion would not cause substantial detriment to the public good, nullify or substantially derogate from the intent and purpose of the Ordinance. Therefore the Board should issue the Special Permit that MECo hereby seeks. 6. Grantin¢ The Requested Variance Is Appropriate Pursuant to the Ordinance, the Board should grant a variance where special conditions create a situation in which literal enforcement would cause a hardship to the applicant and desirable relief may be granted without substantial detriment to the public good. As explained below that is the case here. a. Special conditions and circumstances exist which especially affect the land, building or structure and which are not generally affecting other lands buildings and structures in the same district. • Lot Width - The lot,which is an abandoned railroad right of way, is unusually long and narrow and it fails to meet the lot width requirements. • Side Yard Setback—The purpose of the substation expansion is to meet Salem's electrical demand in a safe and reliable manner. In order to achieve this objective,tap lines must be erected between the substation and the 115 kV transmission lines near the substation. Given the distance between the substation and the 115kV transmission lines, two steel poles must be erected within the 30-foot side yard setback to support the tap lines. b. Literal enforcement of the provisions of this ordinance would involve substantial hardship financial or otherwise to the appellant. • Lot Width—At this point in time all adjacent lots are developed and in use by others. Therefore,MECo does not have the ability to cure the lot width deficiency. • Side Yard Setback—MECo has used its best efforts to design the proposed expansion to comply with the dimensional requirements of the Ordinance. The two steel poles that MECo proposes to place within the 30-foot side yard setback are required to support the tap lines coming from the 115kV transmission lines. Enforcement of the side yard set back requirements would be a substantial hardship since it would restrict expansion of the substation and MECo's ability to serve the electric needs of the community. 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 purposes of the Ordinance. Page 3 ot4 • Lot Width and Side Yard Setback—The relief MECo desires are variances from the Lot Width and Side Yard Setback requirements of the Ordinance. As explained,more fully in section 5 above, the proposed substation expansion would not cause substantial detriment to the public good, nullify or substantially derogate from the intent and purpose of the Ordinance. Indeed, the public good would be harmed if the variances were not granted. Therefore, the Board should grant the requested relief. Conclusion For the reasons stated above the Board should approve MECo's request for a Special Permit and Variances. 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