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87 NORTH STREET - ZBA D EM 87 NORTH STREET _h Henley Enterprises, Inc. j ,f _C\ �9 h of �Sulem, �fflu,sttcljusrtts Pnttra of �%trpeal T - m J,? l r W r � p DECISION ON THE PETITION OF HENLEY ENTERPRISES, INC. REQUESTING A�ARJANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 87 NORTH STREET (B41) CO A hearing on this petition was held January 21, 1998 with the following Board Members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill, Richard Dionne. 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 a service station and a variance on lot area, lot width, setbacks and curb cut dimensions for the property located at 87 North 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 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. 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. y. DECISION OF THE PETITION OF HENLEY ENTERPRISES, INC. REQUESTING A VARIANCE & SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 87 NORTH STREET page two The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . Petitioner was represented by Attorney John J. Serifini , of 63 Federal Street, Salem. 2. Petitioner proposes to build a new brick building with two bays to be used to house a quick oil change facility. 3 . A petition was signed by the Salvation Army and Joseph Jones, immediate abutters to the subject property was submitted expressing their support for the petition. s . The subject property is an oddly shaped lot situated at the intersection of Commercial and North Streets in a B-1 zoning district which formerly housed a gasoline service station. 5. The unique shape of the lot makes it impossible to situate a building which would comply with the requirements of the Zoning Ordinance. 6 . Donald Smith, President of Henley Enterprises, Inc. described the proposed business as a "drain and fill" oil change business where customers would average 10-15 minutes per visit. 7 . The property as designed showed 6 parking spaces which would primarily be used for employee parking for an expected staff of 2-5 employees. This is one space more than required by the ordinance. The business was described as a drive-thru oil change business where customers never leave their vehicles . 3 . The business operation does not utilize air tools, and compressors at the facility will be in self-contained rooms. S . The petitioner intends to execute a 25 year lease for the property and further plans to demolish the existing structure to enable it to build a new building. 1G. Councillor Sarah Haves, Ward 6, spoke in favor of the petition, and spoke favorably of the petitioner's approach to the neighbors and to her as they were presented an opportunity to review and discuss the plans for the project. She thought the project would be consistent with neighboring uses and would improve the area. ll .The owner of McCarthv insurance Agency, a business located across the street from the subject property, spoke in favor of the project. 12 .There was no 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 dergating from the intent of the district or the purpose of the ordinance. T _ t N m DECISION OF THE PETITION OF HENLEY ENTERPRISES, INC. REQUESTING A VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 87 NORTH STREET page three 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. Therefore, the Zoning Board of Appeal unanimously, 4-0 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 and approved by the Zoning Officer. 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. 3 . A Certificate of Occupancy shall be obtained. o . A Certificate of Inspection shall be obtained. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street . 3 . Petitioner shall obtain approval from any City Board of Commission having jurisdiction including, but not limited to the Sign Review Board. S . The petitioner must obtain a demolition permit prior to commencing any demolition on the property. 'variance & Special Permit Granted January 21 , 1998 Gary Barrett, Chairman Board of Appeal rn �7 4 �r b L7 0 A COPT' 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 Citv 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 0 —i m ��r w - A N � C= PETITION We, the neighbors signing below support the petition of Henley Enterprises, Inc. to construct a new "Quick oil Change Facility" on the former gas station premises located at 87 North Street, Salem Massachusetts. 40,5 8"s ?vii f 7i/7 �e �(i�2✓� . 1 / l/1/CM ��/l J?""q'D &Aeo a 9d NG R ?/ r-T Tose:PH TOKWS 0 , // II "^�A MOonf '7WHIVI ' 1 �4 ST , �Gt hZ�l /YID Rt ekFeo Q 7 :3 N©kli-4- J' T. , A 9 �'iaFSYI�w . *VAn*NA"r JOSEPH __ S&Lv,6, N ARN LSM M^ OBJ` o -- OF NASS.S CL :SSE iNG. MAF' 26 Lrri-H2 — S3 r�or ti sT2E -j SALEV, NI m 47 K /G, Gi of �. STOj1�1 tN �tiiC-t�T to i 4V O" VAP 26 Lo- —off / — Y 4 r � � PROROSEZ VALVOLNE o1L CHANGE. FAC1 `! `;' ' J AT 87 �1C)R7H1 S '(ZEE. s SCALE IN 'OFT QwNEK �aT� a� i,Ec�l�� ��� w,a D.e ► � FOR HENLL)' ENTERPRISc S 888 rZoAD wELLE,sLE:�e MA, _ VICTOZ CROMIC AIuHITEC?- �j0 FRANKLIN 51� —j CcW�l3i24QgE MA. `i� Q�