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BOARD OF APPEAL
4 120 WASHINGTON STREET, 3RO FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE 978-745-9595
FAx 978-740-9846
KIMBERLEY ❑RISCOLL ZUU� "R
MAYOR �2
April 2, 2008 QT fy
Amendment to July 10, 2007 Variance Decision
City of Salem Zoning Board of Appeals
Petition of Groom Realty requesting to modify a previous variance
decision to allow the height of the existing 41' wind turbine to be
increased by 6' at 96 SWAMPSCOTT ROAD IBPDI. The previous
variance granted relief from the maximum height of accessory
structures.
A public hearing on the above Petition was opened on March 19, 2008 pursuant to Mass
General Law Ch. 40A, §§ 11 to discuss an amendment to the original variance decision
dated July 10, 2007. The public hearing was closed on March 19, 2008 with the
following Zoning Board members present: Robin Stein (Chair), Rebecca Curran,
Elizabeth Debski, Richard Dionne, Annie Harris, and Bonnie Belair (Alternate).
Petitioner seeks a variance pursuant to the following sections of the Salem Zoning
Ordinance: Sec. 7-8 Accessory Buildings and Structures.
Statements of fact:
l. Susan St. Pierre, of Vine Associates, presented the petition on behalf of Groom
Realty, LLC.
2. The 41' tall wind turbine at 96 Swampscott Road was allowed by the Board of
Appeals decision to grant a variance, dated July 10, 2007.
3. Groom Realty has monitored the electricity generated by the wind turbine at 96
Swampscott Road since its installation, and has found that it falls short of the
expectations.
4. They would like to replace the 34 foot high tower support with a 40 foot high
tower support which would increase the overall height of the turbine by 6 feet,
making it 47 feet at the highest point. This is expected to improve wind flow
conditions.
5. No change is proposed in the location of the wind turbine.
6. The applicant submitted letters of support in the request to increase the height of
the turbine from the Salem Commerce Park Condominium Trust, Scott Grossman,
Robbie Doyle (Doyle Sails), David and Tom Groom (Groom Energy), Tom
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Kulevich (Tri City Sales), Marc Hazel (Jacqueline's Backery), Stacy Ames
(Falmer), Thomas Amanti (E. Amanti & Sons, Inc.), and David Ekstrom
(Bematek).
7. There was no opposition to the amendment request at the public hearing.
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:
I. The petitioner's request for a variance does not constitute substantial detriment to
the public good as wind turbines are new "green" energy saving technology. The
wind turbine has not created any disturbance at the existing height of 41 feet and
an increase of 6 feet is a minor change.
2. The request does not nullify or substantially derogate from the intent or purpose
of the Zoning Ordinance, as the height increase proposed, would make the wind
turbine 3 feet lower than the allowable height of buildings in the Business Park
Development District.
3. A literal enforcement of the Zoning Ordinance would create a substantial hardship
to the petitioner, which hardship is due to the maximum zoning height of I8 feet
for accessory structures. There are no wind turbines in commercial production
that could comply with the 18 foot requirement, nor does the City of Salem have
an ordinance in place to allow wind turbines by special permit.
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:
I. To allow for the height of the existing wind turbine at its highest point to be
increased to 47 feet, the petitioner may vary the terms of the Salem Zoning
Ordinance, specifically the maximum height allowed for accessory structures.
2. In permitting such change, the Board o f Appeals does not eliminate any of the
conditions or requirements of set forth in the original decision dated July 10,
2007. All conditions and requirements of that decision are still in effect and
are repeated here under the terms, conditions, and safeguards below.
to consideration of the above, the Salem Board of Appeals voted, five (5) in favor
(Dionne, Stein, Curran, Harris, and Debski) and none (0) opposed, to grant petitioner's
amendment request subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all City and State statues, ordinances, codes, and
regulations.
2. All construction shall be done as per the plans and dimensions submitted to and
approved by the Building Commissioner.
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3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
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4. A Certificate of Inspection is to be obtained.
5. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Boma-rd.
Robin Stein, Chair
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED MIT[THE FLANNINC 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.
Zoning Board Proiect Status Sheet
Project Address:
Applicant:
Date of Application:
Date Opened at Meeting:
Date of Continued Meetings:
Extension Form Signed? ❑ Yes, date: ❑No / n/a
Legal Notice Sent: Publication Dates:
Abutters List Requested:
Abutters Notice Sent:
Notice of Decision Sent:
Decision Filed: Appeal Period Over: