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101-105 NORTH STREET y
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a CITY OF SALEM, MASSACHUSET Cry OF SALEM. MA
¢ BOARD OF APPEAL fERK"S OFFICE
s {[8 120 WASHINGTON STREET, 3RD FLOOR
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SALEM, MA 01970
FAX i
CITY OF SALEM, MA
CLERK'S OFFICE
DECISION ON THE PETITION OF MOHAMED SHELAB REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 101-105 NORTH STREET
page two B-2
1004 MAY -5 P I: 5b
1. Attorney Jacob Segal made the presentation for the petitioner.
2. Attorney Segal stated that the petitioner had previously met with the City Council
and obtained their approval.
3. A letter was submitted dated January 22, 2004 that stipulated a number of
conditions for their approval.
4. Attorney Segal stated that the decision and letter had been reviewed and
approved by the Mayor on January 27, 2004.
5. Attorney Segal stated that the petitioner was currently operating until 12:00
midnight based on these decisions and approvals and the matter was to be
reviewed by the City Council at the last meeting in June of 2004.
6. A letter from Staley McDermot requested that any decision include the
requirement of the removal of existing illegal/non-conforming signage.
7. Councillor Joseph O'Keefe spoke in opposition of the petition.
8. Councilor at Large, Arthur Sargent spoke in opposition to the petition, citing
complaints by neighbors.
9. Councilor Mike Bencal spoke in support of the petition citing no complaints.
10. Neighbor, Paul Twiss of 2 Mason Street, spoke in opposition, citing noise,
gasoline deliveries that were not in compliance with City ordinance, and light
Pollution.
11. Chairman Nina Cohen inquired as to the hardship basis for the request.
12. Attorney Segal responded to the hardship issue citing an economic basis.
13. After discussion about the location and noise created by the existing pay
telephone, the petitioner stated that he would remove the phone.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can 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.
l
Cl-1-Y OF O.ALEM. MA
CLERK'S OFFICE
DECISION OF THE PETITION OF MOHAMED SHELAB REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 101-105 NORTH STREET B-2
page three
1004 MAY -5 P 1:-5b
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenien
inhabitants. ce and welfare of the City's
Therefore, the Zoning Board of Appeal voted 4 in favor and 1 in opposition, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All requirements of the Salem Fire Department relate to smoke and fire safety shall
be strictly adhered to.
3. City Council approval is required.
4. Affirmation that all other condition in the prior Zoning Board of Appeals decision were
still in effect.
5. Pay telephone is to be removed.
6. Removal of illegal signs.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including, but not limited to, the Planning Board.
Special Permit Granted 4/�� 1
April 21, 2004
Nicholas Halides \
Board of Appeal J
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 the 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.
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DECISION ON THE PETITION OF SUN REFINING & MARKETING CO. a/k/a
SUN OIL COMPANY FOR A SPECIAL PERMIT AND VARIANCES AT 101 NORTH ST. (B-1 )
A hearing on this petition was held June 6, 1990 with the following Board Members
present: Richard A. Bencal., Chairman; Edward Luzinski , Vice Chairman, Joseph
Correnti , Secretary, Richard Febonio and Mary Jane Stirgwolt. 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.
Petitioners, owners of the propertyand represented by Attorney John Serafini Jr. ,
are requesting A Special Permit to change from existing nonconforming use, namely
an automobile service station, to a food market building and self-service gasoline
dispensing operation. Said property is located in a B-1 district. Petitioner is
also requesting Variances from lot width, setbacks, width of driveway entrances,
distance from any driveway to any side property line, distrance between curb cuts,
rear yard requirements and from Section VII B regulations for automobile service
stations.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D, 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 and structures in the same district;
b. literal enforcement of tfre 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.
DECISION ON THE PETITION OF SUN REFINING & MARKETING CO. a/k/a SUN OIL
COMPANY FOR A SPECIAL PERMIT AND VARIANCES AT 101 NORTH ST. , SALEM
page two
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 . A letter from the Salem Police Dept. was read into the record stating
that, with conditions, the petitioners plan would pose no obvious public
safety hazard.
2. Letters from the Salem Fire Dept. and City Councillor Sarah Hayes were read
into the record stating minimum requirements for fire safety and suggested
conditions to meet neighborhood concerns. These conditions have been incorp-
orated in this decision.
3. Support for the proposal was expressed by several neighbors, citing the
need for a food mart on the west side of North St. and a petition signed by
twenty five (25) persons.
4. Opposition to the proposal was expressed in several letters that were read
into the record as well as by neighbors citing increased traffic.
5. The petitioner has worked on this proposal for approximately one year, has
met with neighbors and has addressed many of the neighborhood concerns.
6. The present service station has operated on the site since 1967.
7. The petitioner will permanently relinguish an active used car license
on the site and cease all automobile repairs.
8. These two business activities will be replaced by the sale of daily grocery
items, a use that is less detrimental to the neighborhood than those
presently located there.
9. The underground gas tanks, which are over 20 years old will be replaced
in compliance with present safety regulations, which will benefit the
neighborhood.
10. The new location of the gasoline pumps will prevent cut-through traffic,
a present safety hazard.
11. The existing automobile service station is a valid nonconforming use.
12. The City of Salem Zoning Ordinance does not address the use of a food
maket building and self=serve gas station.
13. The present owner of the property would like to upgrade the business but must
do so within the constraints of his franchise.
14. The parcel is shallow in depth and closely bounded by existing buildings
making additional land acquisition virtually impossible.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
DECISION ON THE PETITION OF SUN REFINING & MARKETING CO. a/k/a SUN OIL
COMPANY FOR A SPECIAL PERMIT AND VARIANCES AT 101 NORTH ST. , SALEM
page three
1 . Special conditions exist which especially affect the subject property but
not the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
a substantial hardship on the petition.
3. The relief requested can 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.
4. The proposed use will be 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 voted 4-1 , (Mary Jane Stirgwolt voted in
opposition) , to grant the Special Permit and variances requested, subject to the
following terms and conditions:
1 . There be entrance only from North Street and the entrance/egress on Mason
Street and the width of said entrance/egress on Mason Street be worked out
between the City of Salem Police Department, the Planning Department and
Mrs. Pierce, 21 Mason Street. Meetings to be held at Mrs. Pierce's convenience.
2. The hours of operation are to be 6:00 a.m. to 11 :00 p.m.
3. Steps are to be taken to ensure that the building, gas pumps and landscaped
areas are maintained properly in perpetuity.
4. A five foot stockage fence or solid evergreen, to be decided at a meeting
with Mrs. Pierce, 2} Mason St. and the Planning Dept. at her convenience, be
provided and maintained in perpetuity.
5. Exterior and interior light should be shielded from the residential
neighborhood, lighting notes on Development Plan, North St. and Mason St.
dated January 22, 1990, site lighting notes added March 19, 1990 are to
be strictly adhered to.
6. The dumpster must be located as per the plans submitted.
7. The existing license for used automobile sales must be forfeited in
perpetuity.
8. All project signage shall be approved by the City Planner and must
comply with the City of Salem Sign Ordinance.
9. All requirements of the Salem Fire Department, including but not limited to,
placement of gas storage tanks and the removal of the existing tanks, relative
to fire safety be strictly adhered to and all conditions set forth in a letter
to the Board of Appeal from the Fire Marshal are herewith incorporated in
this decision.
10. All construction comply with all City and State Building codes.
11 . All construction and dimensions be in accordance with the plans submitted,
with the exception of any changes made by-the City of Salem Planning Dept.
d '<
DECISION ON THE PETITION OF SUN REFINING & MARKETING CO. a/k/a SUN OIL
COMPANY-FOR A SPECIAL PERMIT AND VARIANCES AT 101 NORTH ST. , SALEM
page four.
12. Plans and drawings are to be stamped by a Massachusetts Engineer.
13. A legal building permit is to be obtained from the Inspector of Buildings.
14. A Certificate of Occupancy is to:-be obtained.
SPECIAL PERMIT AND VARIANCES GRANTED
Mary a Stirgw �Memr, 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 01
the Mass.General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the City Clerk.
Pursuant to M:+ss. Ge':eial 1-3w;, Ch-.?ter 808, section 11, the Variance
or special Permit vaned herei:i shall rot take effect until a copy of the
decision, bearing the a..t'Ibatior. of the City Clerk that 20 days have
elapsed and r.0 appa_1 h.-s 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 or the owner of record oe
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL!
30 Dearborn Street
Salem, Mass. 01970
April 21, 2004
RE: Request to Modify Variance at
Citgo Gas station
101-105 North Street
Nina Cohen, Chair
Salem Board of Appeals
120 Washington Street
Salem, Massachusetts 01970
Dear Ms. Cohen:
I believe that the following signs and sign apparatus currently existing at the Citgo station on
North Street are illegal and should be removed:
• Two signs in heavy metal frames bolted to the concrete, each about 2x4 feet, located
between pairs of pumps: "USE YOUR CREDIT CARD - NO EXTRA CHARGE".
• Two small signs attached to the west pumps: "CITGO PLUS - BUY NOW, PAY LATER".
• A soft drink sign in the shape of a soft drink bottle, about 4 feet tall, attached to a light pole
near the tire air pump.
• Two poster signs on the front of the building facing North Street.
• Four poster sign frames on the front of the building (two holding the above two signs).
I request that, if the petition is approved, the Board include the following condition:
All signs and sign apparatus (frames, brackets, hangers, etc.) determined by the City of
Salem to be not in conformance with the City of Salem Sign Ordinance and/or Zoning
Ordinance, shall be removed and their removal shall be verified in writing [to the Board
of Appeals] by the appropriate enforcement authority, before the relief sought by this
petition shall take effect.
Thank you for your consideration.
C
Staley ernret