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111 NORTH STREET - ZBA III NORTH STREET (B-1) SHELL OIL PRODUCTS COPY ARDIFF & MORSE, P.C. Ralph E.Ardiff.Jr. len Coney Davis Malcolm F.Macl-caut III Cerim Jaleflan ATTORNEYS AT LAW Robert L. Hallowy,Jr. Peter E.Bernardin Robert P.Ye.t.. Eric M.Labbe Robert C. McCann Pool T.Monts ONE CORPORATE PLACE Richard G.Pi.hem John E. Walsh 55 FERNCROFT ROAD Denim C.S.Woodruff Kathleen P.Da,yer Of Counsel: DANVERS,MA 01923 Jeffrey B.Loch George E.Mom Nancy A.S.Attaya-McCann Robin M. Blake (978) 774-7123 Cynthia M. Sullivan- Daniel W.Doherty -Also Admitted To NH Bar FAX (978) 774-7164 60 STATE STREET,SUITE 700,BOSTON,MA 02109 (617) 854-7423 June 17, 1998 Clerk of Courts Salem Superior Court 34 Federal Street Salem, MA 01970 RE: Shell Oil Products Company v. Salem Zoning Board of Appeals Case No. 97-407 Dear Sir/Madam: Enclosed herewith is Stipulation of Dismissal for filing relative to the above- captioned matter which was scheduled for conciliation on June 18th at 2:30. Would you please date stamp the enclosed postcard and return it to me. Very truly yours, I cCanh NASAM/cac Enclosures cc: John F. Keenan, Esquire COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Department of the Trial Court Case No. 97-407 SHELL OIL PRODUCTS COMPANY, Plaintiff V. GARY M. BARRETT, NINA V. COHEN, STIPULATION OF RICHARD E. DIONNE, ARTHUR LEBRECQUE, DISMISSAL PAUL VALASKATGIS, AND JOSEPH J. YWUC, AS THEY ARE THE MEMBERS OF THE SALEM BOARD OF APPEAL, Defendants The parties to the above-captioned action, pursuant to the provisions of Massachusetts Rules of Civil Procedure, Rule 41 (a) (1) (ii), hereby stipulate that said action be dismissed without prejudice and without costs. .1- Respectfully submitted, Shell Oil Company, Plaintiff by its attorney, ,Q_. Nancy A' S. �%ttaya-*Car�i, Esquire BBO #548533 Ardiff & Morsei P.C. 55 Femcroft Road Danvers, MA 01923 DATED: (978) 774-7123 ASSENTED TO: Johr�F. Keenan"'City Solicitor for the City of Salem 93 Washington Street Salem, MA 01970 (978) 745-9595 Attorney for Defendants DATED': (A- I'l - I? ARDIFF & MORSE, P.C. Ralph E.Ardiff.Jr. lean Carey Davis George E.Morse Guy C. Bubb ATTORNEYS AT LAW Malcolm F. MacLean III Cynthia M. Sullivan Robert L. Holloway,Jr. C�risc Jalelian Robert P. Yeaton Stephen J. Drohosky ONE CORPORATE PLACE John S. Legasey Peter E.Bermardin 55 FERNCROFr ROAD David Baer Mary Ellen Welch Rogers t Robert C. McCann Amy C.Cashorc DANVERS,MA 01923 Richard G.Pichette Barbara H.Pope Denise C.S.Woodruff 5 0 8) 774-7123 Kathleen P.Dwyer AL.Admitted To NH Bu Jeffrey B.L�b f Also Admitted To ME Bar FAX (508) 774-7164 Nucy A.S.Atray. Lisa Stern Taylor Rebecca A.Backman 60 STATE STREET,SUITE 700,BOSTON,MA 02109 (617) 854-7423 FAX(617) 371-2950 NOTICE OF APPEAL :3 February 25, 1997 City Clerk City Hall Salem, MA 01970 RE: Shell Oil Products Company v. Salem Zoning Board of Appeals Dear City Clerk: Pursuant to Massachusetts General Laws, Chapter 40A, Section 17, you are hereby given notice that an appeal of the Board of Appeals' decision entitled "Amended decision on the petition of Shell Oil Products Company" relative to property at 111 North Street, Salem, Massachusetts, which was filed with your office on February 6, 1997, has been filed with the Superior Court Department of the Trial Court for the Commonwealth of Massachusetts. Please find attached to this notice a copy of the appeal as filed. Very trul--yours, y Na� NASA/cac Enclosure COMMONWEALTH OF MASSACHUSETTS Essex, ss. Superior Court Department of the Trial Court 97�0407 SHELL OIL PRODUCTS COMPANY, Plaintiff V. GARY M. BARRETT, NINA V. COHEN, COMPLAINT RICHARD E. DIONNE, ARTHUR LEBRECQUE, PAUL VALASKATGIS, AND JOSEPH J. YWUC, AS THEY ARE THE MEMBERS OF THE SALEM BOARD OF APPEAL, Defendants INTRODUCTION 1. This action is an appeal under G.L. Chapter 40A, Section 17, of a 1 Pf the Salem Zoning Board of Appeal purporting to amend a prior decision, amendment results in a denial of a Special Permit for the installation of a car wash at an existing service station site at Ill North Street, Salem, Massachusetts, (the "Premises"). An attested copy of the Decision is attached hereto as Exhibit "A". 2 g� JURISDICTION 2. Jurisdiction over this matter is specifically conferred upon this 6=rt,-ej G.L. Chapter 40A, Section 17. PARTIES 3. The Plaintiff, Shell Oil Products Corporation, with a principal place of business at 3 Edgewater Drive, Suite 202, Norwood, Massachusetts, 02062, is the owner of a service station located at Ill North Street, Salem, Massachusetts. 4. Gary M. Barrett, Nina V. Cohen, Richard E. Dionne, Albert C. Hill, Arthur Labrecque, Paul Valaskatgis and Joseph J. Ywuc, comprise the Board of Appeal for the City of Salem (the "Board of Appeal") and reside as follows: Gary M. Barrett, 7 Patton Road, Salem, MA., 01970 Nina V. Cohen, 22 Chestnut Street, Salem, MA., 01970 Richard E. Dionne, 23 Gardner Street, Salem, MA., 01970 Albert C. Hill, 4 Larkin Lane, Salem, MA., 01970 Arthur Labrecque, 11 Hazel Street, Salem, MA., 01970 Paul Valaskatgis, 24 Gables Circle, Salem, MA., 01970 Joseph J. Ywuc, 86 Ord Street, Salem, MA., 01970 STATEMENT OF FACTS 5. On or about May 30, 1996, the Plaintiff, Shell Oil Products Company, filed an application with the Board of Appeal requesting a Special Permit pursuant to Section 5-3(e)(2) of the Salem Zoning Ordinance, or in the alternative a modification to a previously granted special permit pursuant to Section 5-3(j) of the Salem Zoning Ordinance, in order to construct a car wash on the Premises, the site of an existing service station. The application further requested a dimensional variance in order to construct the car wash closer to the rear lot line than permitted under the Zoning Ordinance. (A copy of the application is attached hereto as Exhibit "B"). 6. The Plaintiff continued the commencement of the Board of Appeal hearing on several occasions in order to comply with the wish of the Board and the ward councilor, for the district in which the Premises is located, that the Plaintiff hold a meeting with the neighbors to obtain their comments prior to the commencement of the evidentiary hearing. -2- 7. On September 25, 1996, the Plaintiff held a neighborhood meeting on the Premises. 8. On October 16, 1996, the evidentiary hearing before the Board of Appeal was held at which time, in response to neighborhood concerns voiced at the neighborhood meeting of September 25, 1996, the applicant verbally withdrew its request for a dimensional variance and presented to the Board a site plan of the Premises with the placement of the car wash in such a location on the Premises that it conformed to all dimensional requirements of the Zoning Ordinance. 9. At the evidentiary hearing the Plaintiff presented evidence, including a traffic report, to support its request for a Special Permit. 10. On October 30, 1996, the Board of Appeal filed a decision with the City Clerk denying the dimensional variance. (An attested copy of which decision is attached hereto as Exhibit "C"). 11. No decision relative to the Special Permit was filed with the City Clerk during the statutory ninety (90) day period following the hearing. 12. The Board failed to take final action on the applicant's request for a Special Permit as required by statute. 13. On or about January 17, 1997, the Plaintiff filed a Notice with the City Clerk pursuant to G.L. Chapter 40A, Section 9, that as a result of the Board's failure to file a decision within the ninety (90) day statutory time period, the Special Permit is deemed constructively granted; notice of same was duly sent to all parties in interest. 14. No appeal of the constructive approval of the Special Permit was filed during the period relative thereto. 15. On or about February 6, 1997, the Board of Appeal filed an "amended decision" with the City Clerk, which Decision purports to "amend" retroactively the prior decision of October 30, 1996. (See Exhibit A) 16. The Decision purports to deny the Special Permit for the car wash use. -3- GROUNDS FOR APPEAL 17. The Decision of the Board of Appeal filed on February 6, 1997, was not timely filed, the hearing on this matter having been closed on October 16, 1996. 18. The Decision is not an amended decision to correct a clerical or scrivener's error in the original decision, but rather a wholly new decision not timely filed. 19. The Decision is an attempt by the Board of Appeal to circumvent the time periods and constructive approval provisions of Chapter 40A, Section 9, upon which the Plaintiff is entitled to rely and has relied. 20. The Plaintiff has suffered harm as a result of the Board's failure to timely file its decision, and as a result of the Board's issuance of an "amended" Decision in untimely manner. 21. The Decision fails to state the grounds for the Board's decision to deny the Special Permit. 22. The Decision of the Board of Appeal is arbitrary and capricious and an abuse of discretion. 23. The Decision of the Board of Appeal denying the Special Permit exceeds its authority. 24. The Special Permit was constructively granted prior to the issuance of the Decision of the Board of Appeal. -4- PRAYERS FOR RELIEF WHEREFORE, the Plaintiff demands judgment against the Defendants and prays this Honorable Court to: 1. Annul the Decision of the Defendant Board of Appeal. 2. Find that the Special Permit has been constructively granted. 3. Grant such further relief as justice and equity may require. Shell Oil Products Company by its atto 7111y Nocy A.A. aya, Es ire BBO #54663�6 Ardiff & Morse, P.C. 55 Ferncroft Road Danvers, MA 01923 (508) 774-7123 DATED: -5- -5- CERTIFICATE OF SERVICE 1, Nancy A. S. Attaya, attorney for the Plaintiff herein, hereby certify that I have this day served a true copy of the foregoing Complaint, by mailing, first class mail, postage prepaid, to: Robert A. Ledoux, Esquire 314 Essex Street Salem, MA 01970 Z,e-- Dated: �,-f 10 Ze 19 IJ Nancy A/S. A/ttaya, ��Uire -6- LAMIU1, A of FEB 6 5 14 Ph '97 CITY Of SAL17H. MASS AMENDED DECISION IN THE PETITION OF SHELL OIL COMPANY REQUEST4WCRAWffAf4E AMENDMENT OF AN EXISTING SPECIAL PERMIT AT Ill NORTH STREET, SALEM MASSACHUSETTS A hearing was held on this Petition October 16, 1996 with the following Board Members present: Gary Barrett, Chairman, Nina Cohen, Joseph Ywuc, Richard Dionne, and Albert Hill. 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 Law Chapter 40A. Petitioner, owner of the property, is requesting a variance from the rear yard set back; modification to a previously granted special permit pursuant to Section 5-3(j ) ; and/or in the alternative a special permit pursuant to 5-3(e) (2) in order to construct a car wash at the site of its existing service station. The variance which has been requested may be granted upon a finding of the board that: 1. 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardships, financial or otherwise, to the Petitioners. 3. Desirable relief maybe 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. The modification of the special permit as well as the new special permit must include the items noted above for the variance absent only the hardship. The City of Salem Bylaw defines special permit use as: "a use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood, would promote the public health, safety, convenience, morals and welfare of the city's inhabitants. The desired relief seems to require a modification of the existing special permit. (A special permit issued to allow a service station in the B-1 zone. ) Inasmuch as this appears to be the proper relief requested, the application for a new special permit is hereby dismissed. A number of neighbors spoke in opposition to the variance and the modification of an existing special permit. These include the following: 1 . Roland Wilcock 12 Buffum Street 2. John Christiansen 21 Buffum Street 3. Sheila Lynch 35 Buffum Street 4. Theodore Yeannokopolus 109 North Street 5. Joseph Murphy 18 Buffum Street 6. Dolly Doda 35 Barr Street A PUE COPY EST LZ.4*AZ e7ALA;--vt1Z CITY CLERK OAK MASS. AMENDED DECISION IN THE PETITION OF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREET, SALEM page two Additionally, a Petition with 163 signatures opposing the Petition for a Variance and/or a modification of a special permit were entered into the record. There seems to be no question that the addition of a car wash will increase the noise being generated from the site and thus further impact the residential dwelling which abut the property on three sides. The traffic to be generated from the site after the erection of the car wash will impact not only the residential neighbors but will also tax an already over burdened North Street. A serious problem has arisen when the Petitioner, after having met with the Ward Councillor and neighbors to discuss this matter, substituted new plans which had not been reviewed by the neighbors, the Ward Councillor or the Board of Appeals. 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 . As to the variance; No evidence having been submitted, the Board denies the variance. 2. As to the special permit; Inasmuch as the new special permit is not required it is hereby dismissed. 3. As to the modification of the existing special permit; There are no conditions other than those constructed by the Petitioner which especially affect the subject property and not the district in general. The relief requested cannot be granted without detriment to the public good (noise and traffic) as without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted five (5) to zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the Petition is denied. Gary M. 9-irrett Chairman, Board of Appeal Z; AMENDED DECISION IN THE PETITIONOF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT Ill NORTH STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANT 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 Laws Chapter 40A, Section 11, the 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 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 X cz Lt 9=0 LZ APPEAL CASE NO. . . . . . . . . . . . . . Of �Raarb af �Fpezd TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: . .1U.1qrtJi... . . . . . . . .. .... .. ..Street; Zoning District...M... .... .... .. . and said parcel is affected by Section(s). ..... . . .............. of the Massachusetts State Building Code. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section IX A.1 of the Zoning Ordinance. Direct Appeal The Application for Permit was denied by the Inspector of Buildings for the following reason(s): Direct Appeal The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to EXHIBIT A The applicant hereby requests a modification to a previously granted Special Permit pursuant to Section 5-3 (j), or in the alternative a Special Permit pursuant to Section 5-3(e)(2) in order to construct a car wash at the site of its existing service station. The applicant further requests a Variance in order to construct a car wash closer to the rear lot line than permitted in the Zoning District. On August 10, 1970, the Board of Appeals granted a Special Permit to construct a new service station at III North Street (see Decision attached). The applicant wishes to add as a service to its customers a single-bay car wash to the existing service station use. Owing to the shape of the lot and the locations of the existing buildings thereon, the car wash must be placed on the location shown on the attached site plan, 11 feet from the rear lot line. Since the property has been used as a service station since 1970 and the proposed location of the car wash is to the rear of the property, behind tile existing building, the applicant submits that the requested zoning relief may be granted without substantial detriment to the public good and without derogating from the intent or purpose of the Zoning By-Law. The car wash addition to the site not only provides a service to the customer, it also allows the applicant to remain competitive in a highly competitive business and as a result would suffer substantial financial hardship as a result of a literal enforcement of the provisions of the Zoning By-Law. 2 e of ali-M.2 "155"'MMUS2115 �30arb of -Appral AUG 42 N! '70 C CITY 'STO�CQ`oc n­rITTON OF SHFIA. OIL COMPANY, INC . , FOR I'll-. F .310TT TO ALLOW CONSTRUCTION OF AN AUT01610- JAMCS OOVLO R Do,,: BILE SE'?VICZ STATION AT 111-113 NORTH STREET AFTMR 4-. 1. DEMOLITION OF �XXSTING SERVICE STATION AT SAID LOCATION. 10---I ELC.. 1. The Tnspector of Duildiriqs refused to issue a permit to constriiet a new service -qtntion at this location as the existing use is non conforming for this district , zoned B- 1 , Neighborhood business , and referred peti- tioning company to the Board of Appeals . The City Zoning Ordinance al- lows such a use' in accordance with Section V-B-5 "Special Permit Usese 13- 1 Districts" , when permission is obtained from the Board of Appeals. Ifearing was hold on this appeal pursuant to notices mailed postpaid to the petitioner, abutters , board members , and othersv and advertisements published in the Salem Evening Nows . All Doard members were present , excepting Mr. Doyle who was unable to at tend . Counselor David T. Doyle appeared for petitioning company with Mr. Edwar Gallagher of said company. Appearing in opposition with the Ward Councillor George .McCabe , were Mr Yeannakopoulos, Mr. Ercha , Mr. and Mrs. Wm. Fle�ffarnanj Mr. James Godfrey and Mr. and Mrs. Robert Nelson. The Board studied the facts presented by the petitioner and opponents � and it was the opinion of the Board that since a service station was pre ently in existence at this location. that a Special Permit was warranted and would be in the best interests of the community and the district ; it was the further opinion of the Board that the demolition of the present station and the construction of a now station of colonial. design would promote the public healthp safety, convenience , morals and the welfare c the inhabitants of the City. At a meeting of the Board held on July 27, 1970, it was unanimously vote to issue a Special Permit to Shell Oil Companyq Inc . 9 to construct a got aline service station of colonial design in corfformity with the service station building presently existing at the corner of 934 Massachusetts Avenue in Arlington, Massachusettso as shown in photograph of same sub- mitted to. this Board; the petitioner shall have the* further obligation of the maintenance of the property to the rear line; the construction of the said building and the landscaping shall be in accordance with th;a ne plans submitted by the petitioners to meet the objections of the nelfhbc and which are further incorporated in a letter from the petitioners ' att ney , David T. .Doyle , to the Board, dated July 16t 1970, and said plans and letter become an integral part of this decision. BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. BY (Act. ) Secretary Pourb of '�Fpeal OcT DECISION ON THE PETITION OF SHELL OIL COMPANY REQVE6TING FOR A� VARIANCE AT Ill NORTH STREET. (B-1) A hearing on this petition was held October 16, 1996 with the following Board Members present: Nina Cohen, Vice-Chairman; Joseph Ywuc, Richard Dionne, Paul Valaskagis and Albert Hill,. 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, owner of the property, is requesting Variance from rear yard setback to allow construction of a car wash at Ill North Street. The Variance which has 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. 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. There were no abutters speaking in favor of the petition. 2. Speaking in opposition to the petition were: Roland Wilcock, 12 Buffum Street John Christiansen, 21 Buffum Street Sheila Lynch, 35 Buffum Street Theodore Yeannokopolus, 109 North Street Joseph Murphy, 18 Buffum Street Dolly Doda, 35 Barr Street 3. A petition with 163 signatures opposing granting of the petition was entered into the record. On the basis of the above findings offact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: A PUE COPY ATTEST L2�� e"Aa'"D CITY CLERK Mims MASS. VE 011"� V�� �Vrunnl � 1 �- THE PROPERTY LOCATED AT Ill NORTH STREET (B-1) page two 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot 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. Therefore, the Zoning Board of Appeal voted Five (5) to Zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED October 16, 1996 Albert C. Hill, Jr. 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 THE 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 PASSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH APPEAL HAS BEEN FILED, THAT IT RAS 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 of _,Salrm, paurb of Appral FES 5 14 NIT SILMHAII AMENDED DECISION IN THE PETITION OF SHELL OIL COMPANY Rffifij)�StOMMNCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREE EM MASSACHUSETTS A hearing was held on this Petition October 16, 1996 with the following Board Members present: Gary Barrett, Chairman, Nina Cohen, Joseph Ywuc, Richard Dionne, and Albert Hill. 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 Law Chapter 40A. Petitioner, owner of the property, is requesting a variance from the rear yard set back; modification to a previously granted special permit pursuant to Section 5-3(j ) ; and/or in the alternative a special permit pursuant to 5-3(e) (2) in order to construct a car wash at the site of its existing service station. The variance which has been requested may be granted upon a finding of the board that: 1. 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. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardships, financial or otherwise, to the Petitioners. 3. Desirable relief maybe 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. The modification of the special permit as well as the new special permit must include the items noted above for the variance absent only the hardship. The City of Salem Bylaw defines special permit use as: "a use which would not be appropriate generally or without restriction throughout the district but which, if controlled in a neighborhood, would promote the public health, safety, convenience, morals and welfare of the city's inhabitants. The desired relief seems to require a modification of the existing special permit. (A special permit issued to allow a service station in the B-1 zone. ) Inasmuch as this appears to be the proper relief requested, the application for a new special permit is hereby dismissed. A number of neighbors spoke in opposition to the variance and the modification of an existing special permit. These include the following: 1. Roland Wilcock 12 Buffum Street 2. John Christiansen 21 Buffum Street 3. Sheila Lynch 35 Buffum Street 4. Theodore Yeannokopolus 109 North Street 5. Joseph Murphy 18 Buffum Street 6. Dolly Doda 35 Barr Street AMENDED DECISION IN THE PETITION OF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT Ill NORTH STREET, SALEM page two Additionally, a Petition with 163 signatures opposing the Petition for a Variance and/or a modification of a special permit were entered into the record. There seems to be no question that the addition of a car wash will increase the noise being generated from the site and thus further impact the residential dwelling which abut the property on three sides. The traffic to be generated from the site after the erection of the car wash will impact not only the residential neighbors but will also tax an already over burdened North Street. A serious problem has arisen when the Petitioner, after having met with the Ward Councillor and neighbors to discuss this matter, substituted new plans which had not been reviewed by the neighbors, the Ward Councillor or the Board of Appeals. 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. As to the variance; No evidence having been submitted, the Board denies the variance. 2. As to the special permit; Inasmuch as the new special permit is not required it is hereby dismissed. 3. As to the modification of the existing special permit; There are no conditions other than those constructed by the Petitioner which especially affect the subject property and not the district in general. The relief requested cannot be granted without detriment to the public good (noise and traffic) as without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted five (5) to zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the Petition is denied. 2ax Gary M. rett Chairman, Board of Appeal La AMENDED DECISION IN THE PETITIONOF SHELL OIL COMPANY REQUESTING A VARIANCE AMENDMENT OF AN EXISTING SPECIAL PERMIT AT 111 NORTH STREET, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD ANT 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 Laws Chapter 40A, Section 11, the 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 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 L= ARDiFF & MORSE, P.C. Ralph E.Ardiff,Jr. Jean Carey Davis George E.Mom Gary C. Bubb ATTORNEYS AT LAW Malcolm F. MacLe. III Cynthia M. Sullivan Ruben L.Holloway,Jr Cerise Jalelian Robert P.Yeaton Stephen J. Drohosky ONE CORPORATE PLACE John S. Leguey Pete,E.Benatudin David Baer Mary Ellen Welch Rogers f 55 FERNCROFF ROAD Robert C. McCann Amy C.Cashore DANVERS,MA 01923 Richard G.Pichette Barbara H.Pope Denise C.S.Woodruff (508) 774-7123 Kathleen P.Dwyer Also Admitted To NH But Jeffrey B.Loeb t Also Admitted To ME But FAX (508) 774-7164 Nancy A.S.Attaya Lisa Smm Taylor Rebecca A.Backman 60 STATE STREET,SUITE 700,BOSTON,MA 02109 (617)854-7423 FAX(617) 371-2950 January 16, 1997 L— Salem City Clerk �2 ;K City Hall 93 Washington Street Hand Delivery cn Salem, Massachusetts 01970 RE: 111 North Street Dear City Clerk: Notice is hereby given pursuant to Massachusetts General Laws Chapter 40A section 9 that the Salem Zoning Board of Appeals, as the special permit granting authority, failed to take final action within the 90 day time period prescribed, on the application of Shell Oil Products Company seeking a Special Permit relative to the property located at 111 North Street, Salem, Massachusetts, and as a result the Special Permit is deemed granted. The 90 day period prescribed by statute expired on January 14, 1997, with no decision having been filed in the office of the City Clerk. Notice of the constructive approval has been duly sent to all parties in interest as required. Thank you. V ry tr y you5i, Oil P At orne fo She roducts Company cc. Shell Oil Products Company FE.B- 4-97 TUE 9:55 ARDIFF & MORSE, P. 0 FAX NO, 5087747164 P. 01 ARDIFF & MORSE, P. C. 55 FERNCROFT ROAD ONE CORPORATE PLACE P. 0- BOX 59 DANVERS, MA 01923 (508) 774-7123 FAX (508) 774-7164 DATE: February 4, 1997 TIME: PLEASE DELIVER THE FOLLOWING PAGES TO: NAME:Sally - ZBA LOCA!rION: TELECOPIER TEL. # :744-5918 FRCM: Nancy A. S. Attaya, Esq. TOTAL NUMBER OF PAGES INCLUDING THIS COVER LETTER: RE: 111 North Street IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL IMMEDTaTF -,LY AT TRE—NUNDS-F LISTED ABOVE. CONFIDENTIALITY NOTXCE THE INFORMATION CONTAINED IN THIS FACSIMILE MAY BE PRIVILEGED OR CONFIDENTIAL INFORMATION AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (COLLECT) TO ARRANGE FOR RETRIEVAL OF THE TRANSMITTED DOCUMENTS AT NO COST TO YOU . L FEB- 4-97 TUE 9:55 ARDIFF & MORSE, P. 0 FAX NO. 5087747164 P. 02 ARDEFF & MORSE, .P.C. RIl E�difr,it, J..,,C"my DAA, a P Merge C-Y C_301, Al r0NNc,)(s AT LAw Iin F Mlelta'.III cyrillim M. Sullivan Rolml I,,il"ll"".Y,Jr. Cvd.w latelian Rubarl P,YeAla. s'-ph." L 13,01,,llky QN;�CWKWAT12 PLACE John S.1.egaxy �A�l 5 Bonlikielin 65 FURNIC901,T ROAD David Ba" NUTY Ellen Welch Rugo%I Roh"C,McCue. Ain�C.Ca,1114le DANVL'J(S,MA 01923 Wuhan.)G.Fichotte 131,W"".Bil, Denim C.S.Wo�gl,i,rr (508) 774-7123 KmilCell P.T)%vyer - Ah.Adamled r,,Nil Par -7164 11,n,�.A S.Aiwya FAX (508) 774 Jurfray n Limb T All'AdiTizilai.)To M13 Bar Lm '. I.YI., Me=A.B=L,�;i. 60 STATr STJ(Wir,WITI:700,00STUN,MA 02109 (617)554,7423 rAX(617)371-2950 February 4, 1997 Salem Zoning Board of Appeals One Salem Green Salem, Massachusetts 01970 via telefax Attn: Sally Martell RF: Shell Oil Products Company 111 North Street Dear Chairman Barrett; I have been advised by the Board's secretilry that a meeting of the Board members and the neighbors will be held this Thursday evening, and further, the Board has requested that I attend the meeting on Shell's behalf. I have attempted to rearrange my hearing schedule to allow me to attend, but have been unsuccessful. Due to the scheduling conflict, if the meeting does proceed on Thursday, I and my client will not be able to atterid. However, I am available for a meeting on Thursday, February 13 or, at present, any evening during the week of February 18, Please rontact me if you would like to arrange another meeting date. Thank you. Ver ruly our , cc. Shell Oil Products Company C. it" of �5alem' 4&59zichusetts Vvnrb of DECISION ON THE PETIT!'ON OF SHELL OIL COMPANY �REQUESTING FOR A- VARIANCE AT Ill NORTH STREET. (B-1) A hearing on this pet4tion was held October 16, 1996 with the following Board Members present: Nina Cohen, Vice-Chairman; Joseph Ywuc, Richard Dionne, Paul Valaskagis and Albert Hill. 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, owner of the property, is requesting Variance from rear yard setback to allow construction of a car wash at Ill North Street. The Variance which has 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. 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. There were no abutters speaking in favor of the petition. 2. Speaking in opposition to the petition were: Roland Wilcock, 12 Buffum Street John Christiansen, 21 Buffum Street Sheila Lynch, 35 Buffum Street Theodore Yeannokopolus, 109 North Street Joseph Murphy, 18 Buffum Street Dolly Doda, 35 Barr Street 3. A petition with 163 signatures opposing granting of the petition was entered into the record. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: DECISION OF SHELL OIL COMPANY REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 111 NORTH STREET (B-1) page two 1 . Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot 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. Therefore, the Zoning Board of Appeal voted Five (5) to Zero (0) in opposition to the motion to grant, having failed to garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. VARIANCE DENIED October 16, 1996 Albert C. Hill, Jr. 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 THE MGL CHAPTER LOA 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 LOA, SECTION 11, THE VARIANCE OR SPECIAL PERMIT GRANTED HEREIN SHALL NOT TAKE EFFECT UNT IT A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HAVE PASSED 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 A (91tv of Iftiem, filassar4usletts (1offirt of t4t Tug (601writ (Ittv Rall COUNCILLORS-AT-LARGE JOHN J.DONAHUE WARD COUNCILLORS PRESIDENT 1996 DEBORAH E.BURKINSHAW THOMAS H.FUREY 1996 KEVIN R.HARVEY CITY CLERK PETER L.PASKOWSKI SCOTT J.MCLAUGHLIN REGINA R.FLYNN STANLEY J.USOVICZ,JR. January 22, 1997 JOHN J.DONAHUE LEONARD F O'LEARY WILLIAM A.KELLEY SARAH M.HAYES MARK E.BLAIR Salem Board of Appeal City of Salem One Salem Green Salem, MA 01970 RE: 111 North Street, Salem Dear Members of the Board: In reference to the Shell Oil Products Company' s petition dated May 22 , 1996, to construct a car wash at that locus, please be advised that I am quite upset that the petitioner and their attorney now feel that such relief was granted constructively by the non-action of your Board. It appears that the petitioner and/or its attorney have determined that Mr. Hill ' s opinion, filed October 30, 1996, fails to address the request for a Special Permit and/or a modification of the 1970 Special Permit relative to that locus . After much effort on my part in organizing a neighborhood meeting, attending three ( 3 ) of your Board' s meetings and notifying abutters to attend same, I am convinced that the sense of the Board was to defeat the car wash proposal in any form. The bottom line in Mr. Hill ' s decision is that the petition, whether it be for a Special Permit or variance, has been denied. However, I cannot in good conscience, leave the burden of appealing this position of Shell, regarding construct've grant, to my constituents . They performed their civic duty when they appeared, spoke of their opposition, and convinced the Board to vote against the Lpetition. An appeal by them under the provisions of Chapter 40A, Section 17 would be too costly, time consuming, and unfair to them. Rather, I suggest strongly that the Board take the following action: 1 . Write an addendum to the Board' s decision emphasizing that all requested relief, in whatever form, is denied. 2 . Order the Building Inspector to not issue any building permits for the construFt-i-on of the car wash, and request the City Solicitor to defend the Building Inspector in that effort. 3 . Request the City Solicitor to seek a temporary restraining order and/or an injunction, prohibiting the construction of the car wash. 4 . Take any other action that the Board deems necessary to prevent this apparent injustice. Let me end by saying again that I am quite concerned with this alleged constructive grant, and I request immediate action, even if such were to require a special meeting of your Board. Sincerely, HAYES COUNCILLOR WARD SIX CC: Mayor Harrington Members of the City Council Building Inspector City Solicitor OF DEEDS X ' 1 15087445865 N!AY7 I 6-H 7*-'U 3 7P P�A N P. ZZ , ."m - _Hass 111sle Zi '70 curb of Appeal AUG 42 M, C A CITY OF SHFLL OIL COMPANY , INC . , -FOR I'll... A360rT PFV'J-[T TO ALLOW CONSTRUCTION OF AN AUTOM0- 1—cs . ao�IsE. BILE SEnVICZ STATION AT 111-113 NORTH STREET AFTrR DEMOLITION OF �XISTING SERVICE STATION AT SAID LOCATION. The Tnspector of Duildings refused to issue a permit to constriict a new service *tntion at this locaL4-on as the existing use is non conforming for this district , zoned 1:3-1 , N(-ighborhoocl business , and referred peti- tioning componv to the Board of Appeals . The City Zoning Ordinance al- lows such a use in accordance with Section V-B-5 "Special Permit Uses, 13-1 Districts" . when permission is obtained from the Board of Appeals. Ifearing was hold on this appeal pursuant to notices mailed postpaid to the petitioner, abutters , board members , and others , and advertisements published in the Salem Evening News . All Board members were present , excepting Mr. Doyle who was unable to at- tend . Counselor David T. Doyle appeared for petitioning company with Mr. Edward Gallagher of said company. Appearing in opposition with the Ward Councillo-r George McCabeq were Mr. Yeannakopoulos, Mr. Ercha , Mr. and Mrs . Wm. ffe—fiernnnt Mr. James Godfrey, and Mr. and Mrs . Robert Nelson. The Board studied the facts presented by the petitioner and opponents, and it was the opinion of the Board that since a service station was preE ently in existence at this location, that a Special Permit was warranted and would be in the best interests of the community and the district; it was the further opinion of the Board that the demolition of the present station and the construction of a now station of colonial. design would promote the public healtht safety, convenience , morals and the welfare .of the inhabitants of the City. At a meeting of the Board held on July 27* 1970, it was unanimously votee to issue a Special Permit to Shell oil Company, Inc . 9 to construct a gas- oline service station of colonial design in coyfformity witb the service station building presently existing at the corner of 934 Massachusetts Avenue in Arlington, Massachusett3q as shown in photograph of same sub- mitted to. this Board; the petitioner shall have the' further obligation of the maintenance of the property to the rear line; the construction of the said building and the landscaping shall be in accordance with tWa nei plans submitted by the petitioners to meet the objections of the neirhbo2 and which are further incorporated in a letter from the petitioners ' attt ney , David T. -Doyle , to the .Board, dat4dd July 16# 1970, and said plans and letter become an integral part of this decision. BOARD OF APPEALS SPECIAL PERMIT GRANTED AS REQUESTED. BY 111� Se at ry DATE: 16 October 1996 TO: Board of Appeals, City of Salem FROM: Concerned Citizens SUBJECT: Proposed additional Car Wash facility an North Street If one was to stand on the comer of North Street and School Street on any work day and ask all the Salem commuters using Routs 114 if they were interested in signing copies of the enclosed petition forms we are sure that hundreds upon hundreds of them would do so, as we all have done, because of the already over-burdened traffic load on this extremely congested.commuter thoroughfare. Sincerely, Please see our signatures on the attached petition forms. Attachments, as stated ....... ... Tp. N', ,L4 4j# it, 4 ICA �# �';' � � � � � i ��� FFA. `i - - I + � + .t)�i w '� � �� � ' ° '�"�` i J Ing �. -. �P I Y � i�3y+. �,,. _ dd t gt{ -�1 Y'•L i �q � �' �` i � w .�.,, � 'M1` moi% ' � � �.. v�.t+�? ;�.. . •— :. �. _ .. ` x� e.� } r � � � � +���1 r �a �� �r< d.�:./ w -Ac�w- CL lie W, Wl Lis, ,fn 141 We thC Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address ki" ot" I Z7 15 S hAl� October 11 , 1996 it you are interested in preventing addi,tional traffic congestion on North STreet , please attend the Board of Appeals meeting this Wednesdav, Octob;r. 16 , 1996 or sign the petition and mail to Board of Ai-Dpeals , One Salem Green , Salem, MA 01970 Attention Saliv. we the unders;gned want to go on record as bcing o nosed to a liv F p-ti6on- - 2 Shell Oil Co. to put a car-wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Na;me Ad es _sy zd,,,'A MU'4)1 C7/f .Vve the Undetslgrled Want -Lisgo on record as being opposed to a pedition by Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address ;-2-q x/ -S, October 11 , 1996 if you are interested in preventing additional traffic congestion on North STreet , please attend the Board of Appeals meeting this Wednesday�p October 16 , 1996 or sign the petition and mail to Board of peal:�,� One Salem Green , Salem, MA 01970 Attention - Sally . INe the llndx�rs;pllcd wan' t to 5TO ofl rf"rn"'A 2C. Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address 47 C)fy-) 7 4 Y-e -P- P -P V I L) A We tbe r�ndc-rs-c-ned -'�ant te, 0�' r� (-Ord acz b:�!-= to a J, Shell Oil Co. to put a car wash on North Streety Salem because of added traffic congestion that would be added to an already overburdened road. Name Address (-7 7 4L r �7� z� J, J L I I ��I"Y-/y TIQ All October 11 , 1996 It you are interested :in preventing additional traffic .congestion on North STreet , Dlease attend the Board of Appeals meetinq this Wednesday , Octob�? 16 , 1996 or sign the petition and mail to Board of Appeals , One Salem Green , Salem, MA 01970 Attention - Sally . W-1 the undersigned want to �o on record as beinc, opposed to a petition by n LC� Li Cza `vas' c)rl North -')treetj Salem because of added traffic congestion that would be added to an already 'overburdened road. Name Address 33 V V -4ni V r 74 1 /Ctober ii , 1996 If you arp interested in oreventinq additional traffic conqestion on North STreet , Please attend the Board of AnPeals meetinq this Wednesday , OctOber� 16 , 1996 or sic Petition and mail to Board of Appeals , one Salem Green,;n the Salem, MA 01970 Attention - sally . We the undersigned want to go on record as being C� , opposed to a petition by Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address dale -7R 71��41 42:1 October 11 , 1996 If you Rre interested in nreventinq additional tratfic congestion on North STreet , please attend the Board of Appeals meeting this wednesday , October 16 , 1996 or sign the netition and mail to Board of Appeals , One Saiem Green, Salem, MA 01970 Attention - Saliy . We the undersigned want to go on record as be;n,- opposcd to a, pl �,tig= Shell Oil Co. to put a car wash on North Stre ety Salem because of added traffic c0n.0,'estion that would be added to an already * overburdened road. Name Address r2 /V0 e ........... AA d October 11 , 1996 If VOU Rre interesteci an Preventing additional traffic congestion on North STreet , Please attend the Board of Avi:)eals meeting this Wednesdav , October- 16 , 1996 or sign the Petition and mail to Board of AVDeals , one Saiem Green Salem, MA 01970 Attention - sal17 . We the undersigned want to go on record as being opposed to a petition by 0" Za. to put a car wasia oil Norm Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address -z� '2 jj 0)I'ae— P7 --7 - Octobe-r 11 ;1i 1996 if you are interested in oreventinq additional traffic congestion on North STreet , Diease attend the Board of Appeals meeting this Wednesday , Octohe.;z, 16 , 1996 or sign the petition and mail to Board of ADDeals , One Salem Green , Salem, MA 01970 Attention - Sally. Shell Oil Co. to put a car wash on North Street 7 Salem because of added traffic congestion that would be added to an already overburdened road. Name Address 4-J '47J,2 C 1 Z/ 14 0- i�ld I -c 4aq /0 4,1 C) /V �j r- �j f I OP11 1 z� 21,1, We the undersigned want to go on record as being opposed to a petition by Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address Aa-,e, 1�1 11011 -17 "7 17 -5 IZ �7C /1 MERAT �SAL 90 NORTH 3 1- 1*1 -LJ- + SALEM, MA 0:L970 V r We the undersigned want to go on record as being opposed to a PZ4.1 4� �uonby Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address �j October 11 , 1996 If You are interested -in Preventing additional traffic congestion an North STreet , please attend the Board at Appeals meeting this Wednesday , Octo� � er, 16 , 1996 or sign the petition and mail to Board of Appeals , One Salem Green, Salem, MA 01970 Attention - sally. We the luRlders;,"'ed -i'vant to go on recor4 as being 0-pposod to a "efillon bv Shelf Oil Co. to put-a car wash on North Street, Salem because of added traffic congestion thai-i�ould be added to an already overburdened road. CL, CA C' 6�) i YN Name Address We the undersigned want to go on record as bein�y opnosed to a petition by Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already o' verburdene.d road. Name Address ----------------------------I October 11 , 1996 it you are interested -in ureventing additional traffic congestion on North STreet , please attend the Board of Appeals meeting this Wednesday, October, 16 , 1996 or sign the petition and mail to Board of Appeals , One Salem Green, Salem, MA 01970 Attention - Sally. We the undersigned want to go on record as being opposed to a petition by Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address October 11 , 1996 It you are interested 'Ln r)reventi.nq additional traffic congestion on 'North STreet , please attend the Board of Appeals meeting this Wednesday , bctober .16 ,_ 1996 or sign the petition and mail to B,oard 'o'f Appeals , One Salem Green, Saiem' , MA 01970 Attention - Sally. October 14, 1996 Dear Board of Appeals Member: The proposed car wash at the Shell Gas Station on North Street if passed would be bad for the city of Salem. As it is, it is hard enough for commuters and perspective consumers of Salem businesses goods and services to get in and out of Salem. Allowing any situation creating even more cogestion to a main corridor in and out of the city of Salem would be totally irresponsible. Sincerely, The Concerned Citizen October, ll , 1996 If you are interested in preventinq additional traffic conqestion on North Street , please attend the Board of Appeals meetinq tb.i-s Wednesday , October '16 , 1.996 or sian the petition and mail to Board of Appeals , One Salem Green Salem. MA 01970 Attention - Saj, j.v . We the Want to go on recorri a,- br�;Ylg opposcd to I "-tltlon. b-" Shell Oil Co. to put a car wash on North Street,,Salem b,ecause of added traffic congestion that would be added to an already overburdened road. Name Address r? 46 -�Va-UZI C 0�q /�j I V CO J Woj-S�E, OoDo5il-Lo smd-t.� hus;l-)C-s�s U VV ka Ue qflf 1-t-0 dr L"o I -E5CA 5�O In eVqA Q1 (,I e J�f LT41)el �-e c/e cx) Y-A j,-t, e wetU o t- r�o m el" q0 C-0 o r-/kII . 7�� I / rd,12 AD 10o 1-&4 st, 5.-z//e/)-1 -VW "WoLips oluo 5(4 JO 1$111111 lilt IIIIIIII III III We the undersigned want to go on record as being opposed to a petition by Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. Name Address Z'I/: October 11 , 1996 it you are interested in preventing additiona I tra±fj..c congestion-on North STreet , -Pl�!ase attena ­ti�e Board of ­�ppeals meeting this Wednesday , 6ctober 16 , 1996 or sign th e'. petition and mail to Board , of Appeals , One Salem Green' , Salem, 'MA 01970 Attention - Sally. October, 11 , 1996 A". If you are interested in preventinq additional. traffic conqestion on North Street , please attend the Board of Appeals meetina this Wpdnesdav , October .16 , 3996 or si.qn the Petition and mail to 13oard of' Appeals , One Salem Green, Salem, MA 01970 Attent-Lon - Sajj. v . We the undersigned want to go on record as being opposed to a petitinji bv Shell Oil Co. to put a car wash on North Street, Salem I becaus I e of added j traffic congestion that would be added to an already overburdened road. Name Address RALPH E.ARDIFF,JR. JEAN CAREY DAVIS ARDIFF & MORSE, P.C. GEORGE E.MORSE GARY C.BUBB MALCOLM F.MaoLEAN III CYNTHIA M.SULLIVAN A17ORNEYS AT LAW ROBERT L.HOLLOWAY,JR. CERISE JAUELIAN ROBERT P.YEATON STEPHEN J.DROHOSKY JOHN S.LEGASEY PETER E.BERNARDIN ONE CORPORATE PLACE DAVID BAER MARY ELLEN WELCH ROGERS t ROBERT C.McCANN AMY C.CASHORE 55 FERNCROFT ROAD RICHARD G.PICHETTE DANVERS,MA01923 DENISE C.S.WOODRUFF OF COUNSEL KATHLEEN P.DWYER JOHN M.CUNNINGHAM t JEFFREY B.LOEB — NANCY A.S.ATTAYA Also admitted to NH Be, (508) 774-712 3 - LISA STERN TAYLOR t Also admitted to ME Bar REBECCA A.BACKMAN 4 Also admitted to NH,IL and DC Bar FAX (508) 774-7164 July 16, 1996 Salem Zoning Board of Appeals One Salem Green via Hand Delivery Salem, Massachusetts 01970 RE: Shell Oil Products Company Ill North Street Dear Mr. Chairman: On behalf of the applicant, Shell Oil Products Company, I reque'st that the hearing on the above referenced matter be continued until the Board's meeting in August, 1996. The applicant has requested a neighborhood meeting through Councilor Hayes. Unfortunately this meeting could not be scheduled to take place prior to July 17. Councilor Hayes requested that we continue the Board hearing until after the neighborhood meeting has taken place, and we agree that such a request is appropriate. I will notify abutters by certified mail of the August hearing date. Thank you for your assistance. Ver��ly yours t cc. Sarah M. Hayes ##A as PLI 1:4 10100 . I I I I I I I I I I Leet 06 ell -- ---------- Wim ,��AM 0 M j!-7, October, 11 , 1996 It You are interested in oreventing additional. traffic conqestion on North Street , please attend the Board of Appeals meetinq this wednesdav , October .16 , J996 or s-i,crn the petition and mail to Board ot Appeals , one Salem Green , Salem, MA 0.1.970 Attention - Sally . We the undersigned want to go on record as being opposed I to a Inetition by Shell Oil Co. to put a car wash on North Street, Salem because of added traffic congestion that would be added to an already overburdened road. 3;=- f E, 0 (14 PAC�T 6,1011 -R—� PCtr-Tf OMT Pa��e Address §11k&I-I e 11L rrX(2PYd� -40 Ei) Ei) wEi) GRASS W 26/366 w Lw: 4 E�) 4 N/F LU-6 GRASS GRASS N/F YN/F GRASS p WOOD FRAME GRASS /B-PD l y o THOMAS P. AND o N/F $ �PHEN B . AND o ROBERT N. AND 3 SHED N/F ) I L/ BARR STREET $ STEPHEN E. KAPNIS SMETAL 3 ROLAND R. WILCOCK a MARGA L. HUTCHINSON JEANNETTE A. NELSON JOSEPH F. AND 'LONE I BOOK 10484 / PAGE 588 BUILDING BOOK 13130 / PAGE 212 / BOOK 11802 / PAGE 332 BOOK 5325 / PAGE 394 CONC. JUDITH A. MURPHY BurFUM ST. U.P. OVERHEAD WIRES O.H. WIRES U.P. #3 AREA OF BOOK 5952 / PAGE 530 /_ I -- WOOD FENCE COMPOST PILE • 6' STOCKADE FENCE BPD -B12 5 CHAIN LINK FENCE R2 EXISTING 5' CHAIN LINK FENCE OVERHEAD W/RES 1 2" PIN R2 -- N 24'06 37 W 170.32' '"" ', / U.P. NORTH STREET Hr ZONE BI _ _ Bi� _ y ~ UPHAM ST. R2 I ❑ \ B5 v. R2 8 ER2 ... C= ] Z01� / \ WALTER sT y \� \� \ Im ❑ m %� RC \\ NEW 6'-WOOD STOCKADE FENCE TIE NEW FENCE DOWN \ INTO EXISTING FENCE v � GUY ASPHALT I NEW 6" CURB - - - - - - - ------ -- ------------- PAVEMENT LOCATION MAP M1 r NEW YARD -p3j; REAR YARD SETBACK 1 v SCALE: 1" = 1200'± ool I w I 12.5' PORTION OF I I LIGHT I U.P. 1 I EXISTING BUILDING I rEXISTING STORAGE TRAILERNEW AoI I q (TO BE REMOVED) I I ' / (TO BE REMOVED) LIGHTYARD LIM 26/350 I, .. NEW FENCED IJ LU III I ' DUMPSTER ENCLOSURE I — —I _ o - -- \ ZONE: B-1 {BUSINESS NEIGHBORHOOD) ENTRANCE CORRIDOR OVERLAY DISTRICT a I TANKI _ �_r_ = NEW CAR WASH 1I N I I �� COIN/CODE N/F I tiFILL f i I O H ELECTRO ACTIVATION BOX 115 NORTH STREET �� 1 m MINIMUM LOT AREA: 12,000 SQ. F.T. �I EXISTING STOCKADE I VENT PIPE !� — _ _ SALEM REALTY TRUST -�� _'.__.I FENCE AND CURBING �� a III FENCE AND CURBING I L - - - - - --�_ _ _ _ _ _ (TO BE REMOVED) BOOK 12821 / PAGE 361 MINIMUM LOT WIDTH: 120' o (TO BE REMOVED) I - - - - - a` 4 (AN ADDITIONAL 2,000 S.F. OF LOT AREA AND AN ADDITIONAL 20 F7 OF B. NEW HEATED • ��1 P LOT WIDTH IS REQUIRED FOR EVERY 2 PUMPS AND 1 SERVICE BAY IN EXCESS OF 3 VENT ELECTRIC 26 347 1 — — PIPE METER O I / I CONCRETE APRON \�, �1 4 PUMPS AND 2 SERVICE BAYS - DUPLEX PUMPS AND/OR HOSES THAT ARE I I Z / I i if ° �< \1,\ COVERED OR ENCLOSED IN A SINGLE HOUSING SHALL BE COUNTED AS 2 PUMPS) N • `tA �Zkf\ `p MAXIMUM LOT COVERAGE BY ALL BUILDINGS: 409 THEODORE AND JAMES I TIE NEW FENCE Qj I 1 1 INTO EXISTING FENCE j I- -y V3 \ MINIMUM FRONT YARD SETBACK: 15 (40' FOR ANY STRUCTURE ERECTED YEANNAKOPOULOS u � z BOOK 4553 / PAGE 470 I x I • ¢ 1�\\ FOR USE AS AN AUTOMOBILE SERVICE ,O i a STATION) J I ¢ EXISTING 1 / z Z NEW a 3-BAY MASONRY 1 MINIMUM SIDE YARD SETBACK: 10' ' = I LANDSCAPE SERVICE SNOO + Ill BUILDING i 011 8" MAPLE AREAMINIMUM REAR YARD SETBACK: 30' z I —NEW YARD I J ASPHALCEXTSPAVEMENT ml`1� PUMP ISLAND SETBACK: 15' 1 1 �\ MAXIMUM HEIGHT OF BUILDINGS: 30' i `` I 12" MAPLE z I 120 I SERVICE BAY AREA SALES AREA I D ' p I ` PARKING REQUIREMENT: I m I IV nO2�LCD.2 V) I IcaL - - - - - - - - - - - - RETAIL BUSINESS AND SERVICE ESTABLISHMENT - - - - - - - - - - - J m v - - - - EXIST. CONC. WALK oy tS 1 14" MAPLE 1 SPACE FOR EACH 150 SQ. FT. OF GROSS FLOOR AREA I 2s �- nI ` OF THE BUILDING EXCLUDING STORAGE AREAS NEW HANDICAP G ` ( ) = EXISTING ACCESS RAMP ^^ c 1 a CONCRETE v1 Q MAT EXIST. M.H. 4100, 2 ` SERVICE STATION BLDG. G.F.A. = 1,350 S.F. (1,350/150 = 9 SPACES REQUIRED) 0) MUTm O RIM:26.13 �4"0 PVC DRAIN !t v ASPHALT 10.��� >s 0' PAVEMENT 14 SPACES PROVIDED o I W \`�� ^ o Ila I (6 STALLS + 8 ® PUMPS) \ ^ NEW HEATED \` o o P EXISTING ^ \� CONCRETE APRON x 100X0Y - -,.. - •.-. CONCRETE - -!�' NEW ,1 AYOUB ENGINEERING EIPRESSLY DISCLAIMS ANY RESPONSBIl1TY 000 j - " TRENCH Z FTYt MGiiTGPoNG NECS G. ::;v NG OR SUPERVISING- MAT_ o , MAT � DRAIN `� O CONSTRUCTION SERVICES, OR W_ MEANS, METHODS, SEQUENCES SCREENED I ti 1p .. A!D TECINWES OF CONSTRUCION OR FOR JOB SITE SAFETY AND PORCH PROGRAMS FOR THE PROECT UFM BY THE PUNS FOR INICH p I `'^� • `1 N THIS CERNFlCATION IS AFFIM). AYOUB HAS NOT BEEN RETAINED v I 2-NEW 1,000 GAL. d °', ➢o FOR NOR SHALL IT HAVE ANY CONTROL OVER OR 6f N CHARGE IW PARCEL AREA PRE CAST CONCRETE 11 1^ OF ACTS OR OMISSIONS OF ANY CONTRACTOR, SUBCONTRACTOR, 31,164 SQUARE FEET CAR WASH RECLAIM m OTHER AGENTS OR EMPLOYEES OR OF ANY OTHER PERSONS OR EX TING 28'± PUMP ISLAND TANKS WITH MANHOLES • ,. �` PERFORMING PORTIONS OF 1FE M DOD0000a 0.715 ACRES, MORE OR LESS TO GRADE ° : o " m REFERENCE: I 26/348 I I O O 1` PROPERTY LINES AND OTHER TOPOGRAPHIC INFORMATION SHOWN ON THIS DRAWING WERE TAKEN FROM A PLAN J I ro-- EXISTING OVERHEAD CANOPY I ENTITLED: N/F I o 1 "SHELL OIL COMPANY, SALEM, MA., 111 NORTH STREET, 3 I SHELL OIL COMPANY z EXISTING CONCRETE ISLAND II ESSEX COUNTY, PROPERTY LINE SURVEY AND TOPOGRAPHIC BOOK 5736 / PAGE 325 I o I LOADING MAT NEW 6" SURVEY" SCALE: 1"=10', DATE: MAY 30, 1996. PREPARED wU v CURB I BY. GOLDEN LAND SURVEY, INC., 96 JORDAN ROAD,I `F BOOK 5849 / PAGE 003 I v I 00II Z PLYMOUTH, MA. 02360 z w w I oT AND ig" Ov I co m AN ON SITE INVESTIGATION PERFORMED BY AYOUB MAPLE ENGINEERING INC., ON 3/18/96. ¢ U1 N L M -- 40' FRONT YARD SETBACKo m EXISTING I I METAL D REV PER DATE DESCRIPTION BY CHK MONITORING WELLCO EXISTING 28'± PUMP ISLAND VERS I NCONC. (TYP.) O M R E V I S 1 0 N S N (] 3-EXISTING UNDERGROUNDTAS GASZ a? o ANDOLINE CONCRETTEALOADINGE G S EXISTING ASPHALT EXISTING MULTI- MAT CURB (TO BE REMOVED) I m 26/350 SPIGOT 2Yz STORY STUB-UP EXISTING I PRODUCT DISPENSER I WOOD FRAME WATER ASPHALT PAVEMENT (TYPICAL 4 PLACES) N/F DWELLING 115 NORTH STREET II I SPIGOT I ASPHALT SALEM REALTY TRUST ® A P P R O V A L S N0. 109 1 �— STUB-UP PAVEMENT BOOK 12821 / PAGE 361 20" ASH WATER ------ 15' PUMP ISLAND SETBACK — —I — ----------------- ---�— ��`�NOF � MULCH Shell Oil Products Company ——— --�-- EFF--- —— oto' O EXISTING 20" MAPLE CONCRETE MAT X10 $M MIRROR POLE EXISTING NO.24320 P R O J E C T T I T L E EXISTING YARD YARD LIGHT DOWN GUY SALEM M A 524'34'11"E 272.01' IRON FENCE 1 MULCH D LIGHT W/ SIGN Xlst PSPNP�f OURS POLE I BEhREMOVED NEW5'x12 FAMIL) OF SIGNS FLAGPOLE PLANTER �fEBgjoNA ' (TIE TO SB/DH AT MASON SL)�-IN HEDGEROWJS' S2426'00"E 99.32 E EXISTING ASPHALT CURB ON 20' HIGH SUPPORT POLES S2528'28"E 85.22' - NORTH STREET /ROUTE 4� RAILROAD ASPHALT CURB ASPHALT CURB 5/8" IRON PIN N 253CDR W HOST) l EXISTING ASPHALT SIDEWALK SPIKE W/PUNCH PK NAIL CAPPED "PLS 33594" (TIE 70 COR OF STONE POST) EXISTING ASPHALT SIDEWALK WITH SHINER W.I.0 0-6681-0205 (P.O.B.) U.G. ELECTRIC DUCTS E.M.H. N CURB U.G. ELECTRIC DUCTS SHEET DESCRIPTIO N GG ■ WG LANDSCAPED LANDSCAPED U.P. MAPLE 8" MAPLE LANDSCAPED LANDSCAPED LANDSCAPED — EXISTING GRANITE CURB EXIST. GRANITE CURB EXISTING GRANITE CURB EXISTNG GRANITE CURB SITE PLAN CAR WASH EXISTING GRANITE CURB S.M.H. INV:21.25 C.B. Q4'� 20"x30" SANITARY SEWER RIM:24.2� j RIM:24.87 20"x30" SANITARY SEWER P R E P A R E D B Y i 20"x30" SANITARY SEWER 13.68 INV 13.64 344't A7 1.967 �6 INV GROSS N INN 20.890/ NV:20.64 N2O.Va 15" VC STORM DRAIN AYOUB ENGINEERING — --208't AT 2.51;0 � 15" VC STORM DRAM WALK —/{—. � V - 15" VC STORM DRAIN -- INV18.15 PN18.26 15" VC STORM DRAIN D.M.H. ENGINEERING & ARCHITECTURAL CONSULTANTS GAS MAIN GAS MAIN o. i D.M.H. RIM:27.74 PAWTUCKET, RHODE ISLAND (401) 728-5533 15 RIM:25.49 GAS MAIN GAS MAIN PROJECT NO. 2102 CAD FILE No. 2102MP3 DWG. FILE NO. N O R T H S w T R E E m o T (R O U T E 1 1 4) 1D D ,D 2D DWN. BY: CDA DATE: 10101196 / ) ( PUBLIC - VARIABLE WIDTH )�� w l 1802 COUNTY LAYOUT / CHK'D. BY: DATE: ©SHELL OIL PRODUCTS COMPANY, ALL RIGHTS RESERVED 1996. ¢ 1869 CITY WIDENING GRAPHIC SCALE 3 11 11 I SCALE: 1"=10' SHT. 1 OF 2