The URL can be used to link to this page

96 SWAMPSCOTT ROAD - ZBA (2) 6 S b,X�-r�PS co� � '� �� 1 I r � � � e.� ;. A°a iE!' .t;= �' sf�,,,> - i _ .. n .. -..e.��y`� �s� Yrs Y %: a.. .. - � .. .. �K� ONDfTq,AO CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL n ¢ 120 WASHINGTON STREET, 3RD FLOOR a j SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 260 SEP - I P (: 30 - KIMBERLEY DRISCOLL MAYOR F'�t 9r tir` 3 CITYL�.r , September 1, 2009 Decision City of Salem Zoning Board of Appeals Petition of JACQUELINE'S GOURMET COOKIES, seeking Variances from minimum distance of an accessory structure to the main building and maximum height of an accessory structure to allow for construction of two storage structures on the property located at 96 SWAMPSCOTT ROAD in the Business Park Development District(BPD). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §7-8: Accessory Buildings and Structures. Statements of fact: 1. Mark Hazel,President of Jacqueline's Gourmet Cookies,and Bill Yuhas, consultant architect on the project,presented the petition. 2. In a petition dated August 12, 2009, the petitioner requested Variances from minimum distance of an accessory structure to the main building and maximum height of an accessory structure,to allow for construction of two storage structures. 3. A public hearing on the above mentioned Petition was opened on August 19, 2009, pursuant to Mass General Law Ch. 404, % 11. The pubic hearing was closed on August 19,2009,with the following Zoning Board of Appeals members present: Robin Stein (Chair),Becky Curran,Beth Debski,Bonnie Belair(alternate),and Jimmy Tsitsinos (alternate). 4. At the hearing, a resident spoke in opposition to the project, saying he was concerned about impacts to his business due to dust. The petitioner stated that the flour storage and delivery system would be fully enclosed and hermetically sealed, with no dust or flour emissions. 5. The Board of Appeals received a letter from Thermal Circuits, another business in the same development at 96 Swampscott Road,in support of the project. 6. At its meeting on August 19,2009,the Board of Appeals voted five (5) in favor and none (0) opposed to grant a Special Permit under$7-8: Accessory Buildings and Structures. 2 The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building,which do not generally affect other land or buildings in the same district. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. 3. The applicant may vary the terms of the Business Park Development District to construct the proposed development, which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 4. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to,the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. To allow for the construction of two storage silos,the requested Variances from dimensional requirements for accessory structures in the Business Park Development zone are granted. In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Stein, Belair, Curran,Debski and Tsitsinos) and none (0) opposed,to grant petitioner's requests for Variances subject to the following terms, conditions,and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved bythe Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Inspection is to be obtained. 6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. 3 /2NI RoGm Stem, Clair Salem Zoning Board of Appeals 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A, Section 11,the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. THERMALspecializing in the design, engineering and C1 I C production of surface heaters, air heaters, molded heaters, CC1 /TV heater assemblies, and infrared panel emitters lu� P6 I� Mra..! City of Salem �� " Board of Appeal AUG 1 0 Zu09 120 Washington Street Third Floor a7pT.Gr PLA"'"`' 3 Salem, MA 01970 COJiik'JR1i1YDUELONEUNT August 6, 2009 Re: Petition of Jacqueline's Gourmet Cookies for relief from minimum distance and maximum height restrictions for two storage structures on property located at 96 Swampscott Road in the Business Park Development District. Thermal Circuits Inc., a manufacturer of electrical heating elements and located in the same Business Park Development, wishes to be recorded in favor of the petition. We, in Salem, in this economy, do not often have the occasion to assist businesses to grow and prosper. This is such an opportunity. We request that the board pass favorably on this request. Jacqueline's is an asset not only to the Business Park but to the community at large. We find that they are nice neighbors. Thank You, Therm a CircuY Doits Timot 99 Materials and Human Resources Manager l2 `y 3 I �. o ! =1 ; Registered To.IS0.9001r2000 45 m!s/n)w,Si Thermal Circuits Inc: One Technology Way Technology Park Salem, Massachusetts 01970-7000 PHONE 978.745.1162 EMAIL 808heat@thermalcircuits.com WEB www.thermalcircuits.com FAX 978.740.0495 28C Federal Street \� Salem, MA 01970 Tel. (978) 594.8123 wayarch@comcast.net n 1 � a � s G G O ss ON �+ J. SP�EM SLP o s�PMQsco�a C)00� � 1 k1Q �O Jacqueline s c �9� Gormet Cookies +� 96 Swampscott Road )0- 0 Salem, MA 01970 PROPOSED NEW _ STORAGE BINS \ PROPERTY6 + ��pSE�6�� o LINE pP e ,\ \, \ O \ - .::; tea. :::: ..............:.:::.Jacqueline's Gormet Cookiesi :. m i 9 v ... 2, ,m `: SITE PLAN PROPOSED STORAGE BINS 0 Revisions No.-mate Scale: AS SHOWN Date: 07.28.09 Drawn by: wY NORTH Job No. o9o1 GRAPHIC SCALE 30 0 15 30 60 120 FEET -7 r7 F---j A � Scale: 1 " = 50' E Sheet 1 of 2 V 28C Federal Street pu�u� Salem, MA 01970 AlI!1:09° I Ir \ tl/� \.I Irl// \?rl„9/ I ry/� h yll/ �'n2 \I'I(l// \I!ll;. I�Gllo "i, V� h//� ��f rye.. 7/., �qlo I'pli� 01 9r, 4—J y, _ s �,q _ 7 s �. _ s \ -� h �_I Tel. (978) 594.8123 =�\ - � �An � \ i a _ c W rch@comca �,.. 9 a r`` - � ; 4\ aya st net I PROPOSED LO STORAGE BINS + PRIVATE DRIVEWAY coLLs1 S o I Din Rq _ Ry12n,4T Jacqueline ' s Gormet Cookies m � Pr, II\ Jacqueline's Gonnet Cookies III !r 96 Swampscott Road I � I ,r SI Salem, MA 01970 -J l j l SITE PLAN DETAIL ,/16,r _ _orr SII li I II � � �� - � I � I I 59 --7 �I4 Af r4Al 'j'l S�Vrr�r .r �+. ^. JYy'Yfl'f r jj ENTRANCE PROPOSED STORAGE BINS (EXISTING LN TANK, BEYOND) WEST ELEVATION 1/8° SITE PLAN DETAIL AND ELEVATIONS o o Revisions: No. Da to IL I i 1 rIti� +� SC �� / / O 0 � . . Date: 07.28.09 � � AS SHOWN ,� Drawn by: wY Job No. 0901 EXISTING LN TANK \ \ i PROPOSED STORAGE BINS -- CONCRETE JACQUELINE'S GORMET COOKIESAAmod NORTH ELEVATION Sheet 2 of 2