96 SWAMPSCOTT ROAD - ZBA (3) SQ�omf>sco d
Zoning Board Proiect Status Sheet
Address & Applicant: `� Sj--Uvn Qsco�* V-A , �Cy UXWv) C 6A(VjG�k �
Date Submitted to BOA:
�K Clerk Stamp: l0 /28 /201
Variances Only - Constructive Approval Date:
Abutters List Requested:
Abutters Notice Sent:
ra' Notice to Abutting Cities & Towns, Councillors:
Legal Notice posted at City Hall:
q/ Legal Notice Emailed & Confirmed:
❑,/Legal Notice Posted on Web:
❑✓Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: 1'LA(2)63
Continued Meetings:
Extension Form(s) Signed & Clerk Stamped?
Closed at Meeting: (Z-h a A �
Decision: " d
Decision Filed: 2 13 Appeal Period Over:
r� Decision Sent to Applicant: 12
Notice of Decision Sent to abutters, cities and towns,
councillors: 12W3�)13
,y . 4
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CITY OF SALEM7 MASSACHUSETTS
9\ O
BOARD OF APPEAL
120WA 111NGIONSIIWL . s . : . c. ;;. a the ;o197a 10I3 DEC 30 P 2: 01
Kiainraai.Icl DiuscoI.i. TH I': 978-74 9595 • FAS:978-740-9846
FILE tt
t.""'i CITY CLERli, SALEM, MASS
December 30, 2013
Decision
City of Salem Board of Appeals
Petition of JACQUELINE'S GOURMET COOKIES, requesting Variances under Section 4.1.1 Table
ofDimensional Requirements of the Salem Zoning Ordinance, to increase the height of a previously
approved tank by 5 feet, for a proposed total height of 43 feet and 9 inches. The construction of the
tank to a height of 38 feet and 9 inches was previously approved in a Decision dated May 29, 2013, at
the property located at 96 SWAMPSCOTT ROAD (BPD Zoning District).
A public hearing on the above Petition was opened on December 18, 2013 pursuant to bI.G.L Ch. 40,\, § 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: AIs.
Curran (Chair), A4s. Harris (Vice-Chair), 1\4r. Dionne, Nfr. Watkins, and Mr. Eppley (Alternate).
'The Petitioner seeks a Variance pursuant to Sec. 4.1.1 Table of Dimensional Requirements of the Salem "Zoning
Ordinance.
Statements of fact:
1. In the petition, date-stamped October 28, 2013, the Petitioner requests a Variance to increase the
height of a previously approved storage tank by 5 feet, for a proposed total height of 43 feet and 9
inches.
2. blr. Marc Hazel of Jacqueline's Gourmet Cookies presented the petition.
3. The Board of Appeals approved the construction of a 38-foot 9-inch high storage tank for nitrogen
storage at the property in a Decision dated blay 29, 2013.
4. The proposed storage tank would be the same diameter and in the same location as the nitrogen tank
previously approved by the Board. The only change from the originally approved storage tank Would
be the additional five (5) feet in height. The height of the originally approved tank was 38'-9". The
height of the tank with the proposed increase would be 43'-9".
5. The increased height of the storage tank would provide a greater volume of nitrogen storage for the
production facility. The originally approved storage tank had a capacity of 13,000 gallons. '['lie
proposed storage tank would have a 15,000 gallon capacity. The increase in capacity Would allow
greater flexibility in scheduling truck delivery of nitrogen as the truck could deliver a full load
(approxiinately 7,500 gallons) at each delivery, and there would still be enough nitrogen in the storage
tank between deliveries to allow continued production in the facility.
G. At the public hearing the Board, In consultation with D4r. Tom St. Pierre, Zoning Enforcement
Officer, found that the relief sought by the applicant could be allowed With a modification ro the
exist rig Variance, as all other aspects of the original application will remain unchanged, and all
conditions from the original Variance should be carried forward.
7. Ar the public hearing for this petition no members of the public spoke in favor of or in opposition to
the petition.
City of Salem Board of Appeals
December 30,2013
Project 96 Swampscott Road
Pa,e 2 of 2
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets ,the
provisions of the City of Salem Zoning Ordinance:
Findings:
1. The capacity, of the nitrogen delivery trucks and the need to maintain a certain quantity of nitrogen in
the storage tank to allow continued production at the facility between nitrogen deliveries creates a
hardship that could be alleviated by increasing the capacity of the storage tank by the requested
amount.
On the basis of the above statements of facts,and findings, the Salem Board of Appeals voted five (5) in favor
(Ms. Curran — Chair, Ms. Harris — Vice Chair, Mr. Watkins, Mr. Dionne, and Mr. Eppley - Alternate) and
none (0) opposed, to approve a Modification to the existing Variance, subject to the Conditions laid out in
the precious Decision, which included the following terms, conditions, and safeguards:
1. The 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 by the
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. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
8. The petitioner his successors or assigns shall comply with all MassDEP Standards and Regulations for
noise.
" �vYtwi /vS'ti.-
Rebecca Curran, Chair
Board of Appeals
A COPY OP'CI-11S DECISION HAS BEEN PILED \XTflI'I HE PLANNING BOARD AN D If IF:Cl UY CLI'.Rh
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