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15-19 PROCTOR STREET - ZBA (2) 15-19 PROCTOR STREET Z ERNEST DELPERO - PETITIONER _. DAVID WARNER - OWNER - - _ -- I „AONMI of '*fm aasac4ly'! ef#s` e R puxrD of ApIEF11 '82 FEB 26 P1 :44 pPOfgINB�� orFticE DECISION ON THE PETITION OF ERNEST J. DELPERO FOR A SIWCTJ,& FOR 15-19 PROCTOR STREET S ” ' A hearing on this petition was held on February 17, 1982 with the following Board Members present: Douglas Hopper, Chairman, and Mr. Piemonte and Associate Members Lu.zinski and Martineau. 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. The Petitioner has requested a Special Permit to construct 10 new condominium units at 15-19 Proctor Street. The property in question is in an R-3 district where the construction of new condominium units requires a special permit. The Special Permit which has been requested may therefore be granted upon a finding by the Board of Appeal, that the grant of the Special Permit will promote . the public health, safety, convenience and welfare. The Board of Appeal, after considering the evidence presented at the hearing, and after viewing the property, makes the following findings of fact: 1. The proposed use of the property was opposed by a number of abutters and neighbors. 2. The proposed use of the property will have an adverse impact upon parking and traffic conditions in the area. 3. The Salem Fire Marshalexpressed opposition to the proposed construction because of fire safety concerns. 4. The proposed use of the property will aggravate existing drainage problems in the neighborhood. 5. The proposed use of the property will require a substantial amount of blasting at the site which will have an adverse impact upon the neighborhood. 6. Concerns were also raised regarding whether the petitioner's plans were in conformity with side and rear set-back requirements. S On the basis of the above findings of fact and on the evidence presented at the public hearing, the Board of Appeals concluded unanimously that the proposed use will not promote the public health, safety, convenience, and welfare and that the proposed use is not in harmony.with the Zoning Ordinance. Accordingly, the Board voted to deny the Special Permit requested by the Petitioner. ❑r, '.�^; A�'1'! SPALL BE i' 7r. P�.,...:A^',T TO S`_CiiO•i 17 OF Thbli'R.• Hopper, 1 airman APPEAL ...0.1 THS Oc :o - „r HUNG 30 S i -lil; i JAiE '�� - OF PvMliT G„ ,�C' H A'COPY'OF THIS'DECISION'.AND PLANS HAS, BEENJ;fi LED WITH THE PLANNING BOARD AND CITY CLERK OR 'I;ill",-IF THE O1VPlER . . - REGOMMi e 1 :h. I o -. (ICLE. OF RECORD OR a REo_U L AW N i'+. •. ._dS ;,coni Jr' .. f DATE OF HEARING z Z PETITIONER LOCATION MOTION: TO GRANT SECONDED TO DENY / °/�r����CU SECONDED LEAVE TO WITHDRAW SECONDED ROLL CALL ABSENT PRESENT GRANT DENY WITHDRAW ANTHONY FEEHERRY JAMES HACKER DOUGLAS HOPPER V ARTHUR LA BRECQUE JOSEPH PIEMONTE ASSOCIATE MEMBERS EDWARD LUZINSKI JEAN-GU*-MARTINEAU DISCUSSION & CONDITIONS: rh rhaae- We the undersigned are oppoeed to the construction of a 10 unit condominium on the property of 15-19 Proctor Street. _ NAME --_. _ ADDRESS-- C -oil G lita -r n � y R rno t- -A- AM-, -°Agr ma t} . W- OL N Env, MI 1 E r,r , yy. .• r rl ara ' A I tea. � ' ` •� 1 i OU 171 , I I "� 1..••+. lir-.. �',�•:�� r r , f I 9L 1 , r 1 Ii eI Aic �µ,eoimlr�� a S h �elNdE w"" 0111 of j%lrtu,Massar4uspus Orportiuent of ruhlir JUarks (One *alrin &Pen ANTHONY V. FLETCHER,R.P.E. RICHARD P.SWENSON,C.E. DIRECTOR Of PUBLIC SERVICES CITY ENGINEE0. Assistant Civil Engineer f September 25, 1981 TO: FRANCES GRACE FROM: A. V. FLETCHER SUBJECT: PROCTOR-POPE FLOODING Attached map is prepared to make explaining easier. Area inside green circle represents the area drained by natural effects and 30" and 2411 pipe. At one time the course of this pipe was an open drainage brook, and the Park was partially a swamp that acted as a ponding area. The solid blue represents what the North River normally was - the green area naturally drained to the North River. As filling occured over the years, the brook was enclosed (red lines) , the swamp dissapeared and run off water had less area to flow in. When a high frequency storm occurs coincidental with a high tide, flooding occurs at the low point (from Pope to Proctor, along Bridge) as this area, at high tide, is lower than the North River. I have made (1978) a study of the system and I estimate $1,500,000 including the cost of a pump station, would be required to rectify the problem. Serious and expensive land takings would also be required. (61 7) 744-4798 IDEAL FINISHING CO. Contract Finishers QUALITY FINISHING ON ALL TYPES OF LEATHER 5561 Boston Street 0 Salem. Mass. 01970 February 16 , 1982 City of Salem Board of Appeals One Salem Green Salem, Massachusetts 01970 Attention : Anthony M. Feeherry, Esq. , Secretary Re : Petition of David Warner for Special Permit for Erection of Condominiums on Proctor Street in Salem Dear Mr . Feeherry: Please be advised that the Ideal Finishing Company, a Massachusetts Business Corporation with an usual place of business at 55-61 Boston Street, Salem, Massachusetts 01970 , wishes to place itself in opposition to the allowance of a Special Permit for the erection of condominiums on Proctor Street in Salem applied for by Ernest J. Delpero (David Warner , owner) for the following reasons : )1. The blasting requisite to allow foundations and under- ground garages will have a deleterious effect on the machinery and production schedules in our buildings . J Our production lines consist in part of five (5) or six (6) Peirlon strand conveyors which are stretched strands (120 in number) which carry our unfinished product through the various production lines . The setting off of explosives can cause these taut strands to contract and pull the machines and conveyors right out of the footings . The expense in breakdowns in the production lines and the possible injury to one employee will not be tolerated. 2 . Proctor Street is a one-way street running from Boston Street Southerly and then Westerly along two (2) sides of the property for which the Special Permit is sought. The problem of ess and e Y with ten (10) additional dwellings on or in the rear o Proctor Street would have an untoward effect on traffic and operation of fire apparatus in the event of a fire or an ambulance in the event t— of n emergency. Please see letter of Captain David Goggin relative to the Fire Department ' s opposition to access for emergency vehicles filed in the file jacket of the September 1981 hearing . -2- There are presently three (3) businesses on Proctor Street which require parking by - semi-trailer trucks during daylight business hours . The cabs , and in some cases , the bodies of the trucks project into the street at leading or unloading periods and hamper the easy flow of traffic . The entrance to the pro- perty for which the variance is sought is on a one-way street and is surrounded by businesses on two sides as shown on the plan filed with the application. 3 . Our Company has recently been mandated by the Common- wealth of Massachusetts , Division of Environmental Quality ' Engineering to erect a stack to precipitate any smoke or fumes which are an essential by-product of our industry seventy-five (75) feet from the ground level of the street facing our property. The topo filed with the Petitioner ' s application shows from forty (40) to fifty (50) feet above that and with a two and a half (2;) story building , • if erected on the property, would be in line with the top of the stack and the buildings , if erected , would receive any residue from the stack of other business ' chimneys in the neighborhood. We have spent literally thousands of dollars in the past year and a half and untold hundreds of hours of our executive ' s time in order to bring this building up to, and exceed- ing present pollution control standards and we .are in no position to have this re-engineered to accommodate the whims of some.. deve- loper who will disappear when the buildings are built and leave the unsuspective purchasers to wake up some =day to the fact that they have purchased a condo in a settled business district that has existed for over one hundred (100) years . Our present' main building dates back to 1914 and has consistently been used as a leather factory and feather finishing operation from that date to the present time. Certain executives of our company have purchased an adjacent lot and building for parking and future expansion purposes , and ' after an expenditure of that sum do not want or anticipate objec- tions from people who .may purchase Condos that have not been built upon when our plans were initiated and subsequently gut into being . 4 . The parking shown as underground parking on the sche- matic filed with the Application does not conform to the parking requirements set out under the applicable provisions of the zoning code of the Commonwealth. 5 . There is only one method of ingress and egress for emergency traffic (fire engines or ambulance), through a so-called visitor ' s parking lot. The layout with the usual 'space allocated for each parking space and the sixteen (16) foot way dictated by the . zoning code is not in conformity therewith. w -3- 6 . The allocation of space to hot-top areas is going to increase the already impossible situation on Pope Street and Proctor Street, which has consistently flooded-.since the Salem Heights project was built and will leave this land no longer to absorb water which it has done for years in its natural state. 7 . One corner of the back portion of the building is only fifteen (15) feet from our factory as shown on petitioner ' s plan and derogates from the zoning code in that it calls for a seventy-five (75) foot back yard rear line under the purview of the pertinent section of the zoning by-law under which the Special Permit is sought. Please record the opposition of this adjoining property owner to the application for a Special Permit and have this letter reflecting that fact spread on the records of the Appeals Board. 8 . Please see letter of Anthony Fleming , Director of Public Services and City Engineer to Councilor Grace relative to the severe flooding problem in the Proctor-Pope Street area. To permit this Special Permit would permit surcharging of the flood plan, part of which is controlled by property, owned by this corporation. 9 . The plan filed with the application reflects a lack of compliance with the buffer ,zone mandated by the zoning code under the specific Section under which the Petitioner seeks a Special Permit. In one instance the factory building is only 36 feet away from the rear of the building reflected on the Petitioner ' s Plan . In another instance , the corner of the Ideal Factory furthest from the proposed building as shown on the plan is 57 feet away. 10 . Section V (4) -8- of the City of Salem Building Code mandates one and one-half (1' ) parking spaces per dwelling unit. . No space can be considered if the effective width of the driveway providing access to more than one (1) dwelling unit is less than sixteen (16) feet. The plan discloses the following deviations from the Zoning Code as required : Parking Space #1 - ten (10) feet Parking Space #2 - twelve (12) feet Parking Space #3 - eleven (11) feet Parking Space #4 - fourteen (14) feet The required number of spaces therefore drops to three less than Code requirements dictate . -4- 11. As of one o'clock (1 : 00 p.m. ) on February 16 , 1982 , the Planning Board of the City of Salem and the City Engineer had failed to approve a "Definite Site Plan" as a condition precedent to approval of this Permit as requested by the Board of Appeals of the City of Salem. IDEAL FINISHING COMPANY President PAB:jm cc: Board Members •. 1 �yam+ar4� '. tl s e J'�M1Md6 W� Titiy of _0$aIrm,Massar4usrits Depariaient of VOW Mirks (One 4alem (Breen ANTHONY V. FLETCHER,R.P.E. RICHARD P.SWENSON,C.E. DIRECTOR o/PUBLIC SERVICES - Assistant Civ I1 Engineer CITY ENGINEER September 25, 1981 TO: FRANCES GRACE FROM: A. V. FLETCHER Y SUBJECT: PROCTOR-POPE FLOODING e 1 t Attached map is prepared to make explaining easier. Area inside green circle represents the area drained by natural effects and 30" and 24" pipe. At one time the course of this pipe was an open drainage brook, and the Park was partially a swamp that acted as a ponding area. The solid blue represents what the North River normally was - the green area naturally drained to the North River. As filling occured over the years, the brook was enclosed (red lines) , the swamp dissapeared and run off water had less area to flow in. I When a high frequency storm occurs coincidental with a high tide, flooding occurs at the low point (from Pope to Proctor, along Bridge) as this area, at high tide, is lower than the North River. I have made (1978) a study of the system and I estimate $1,500,000 including the cost of a pump station, would be required to rectify the problem. Serious and expensive land takings would also be required. I f Jq kW f a'YJ� �' h$f'ave's�u� .� � � � � 4 'Fv o- 1Y '. 3r✓ R =� Yy r � •� �s '• -\'i wn S ¢ Vii :: I / r� .-. .� '.�`y-y+"�w�w![ij�jf"Y`/`�'Y'Y'�'".O",�,.tTVr`r't,+yr'�y,r .y�r:"�-r>'��/�v ri� � y+•J"wr v'Y'ri/�Y=T Y v' -w vY\v.,v� �.r•^!11"x/'✓'y�Y✓�Jv-✓ r`J.rt'V'�^'.. i J K L M N I O P Q R S I Jt �i \` \\��j \V/ I I L11L..]filN➢tl________t�_i ' I �./ CATHOLIC CEMETERY ` { .M t IL RMONY GROVE ;/ $• >s CEMETERY Brc.Cwt ntnFr w i cT Tw SFIOGE `—� ®�--i^ a ~ v (t v O I °) * ■ /� M ra pp0 aLr • � t. 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