1-15 TRADERS WAY - ZBA 1-15 Traders Way B-2/ECOD
Highland Plaza Rlty Tr.
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Y 7 1994
YOU ARE HEREBY NOTIFIED THAT AS OF DECEMBER 28, 1993 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF MCDONALD'S CORPORATION FOR A VARIANCE FROM THE
CITY OF SALE SIGN ORDINANCE TO ALLOW A FREE STANDING SIGN AT 1 - 15
TRADERS WAY A/K/A/ 1 TRADERS WAY.
BOARD OF APPEAL
BRENDA M. SUMRALL
CLERK OF THE BOARD
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 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/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 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
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DECISION ON THE PETITION OF MCDONALD'S CORPORATION (PETITIONERS) , HIGHLAND
PLAZA REALTY TRUST (OWNERS) FOR A VARIANCE FROM THE CITY OF SALEM SIGN
ORDINANCE FOR PROPERTY LOCATED AT 1-15 TRADERS WAY (B-2/ECOD)
A hearing on this petition was held December 1, 1993 with the following Board
Members present: Francis Grealish, Jr. , Chairman; George Ahmed, Stephen
O'Grady and Stephen Touchette. 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 is requesting a Variance from the City of Salem Ordinance relating
to Signs & Billboards Section 3-34 and a Variance from the size requirements
in Section 3-45(e) (1) of the Signs & Billboards Ordinance to allow the
erection of a freestanding sign. The property is located in the B-2 and the
Entrance Corridor Overlay District (ECOD)
The Zoning Board of Appeal may grant variances from the provisions of the
Ordinance Relating to Signs & Billboards in specific cases which appear to
them not to have been contemplated by this Ordinance, and in cases wherein its
enforcement would involve practical difficulties or unnecessary hardship upon
a finding of the Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which do not generally affect
other lands, buildings or structures in the same district.
2. Literal enforcement of the provisions of the Sign Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent and purpose of this Ordinance.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact.
1. There was no opposition to the petitioners request.
2. There are a number of signs on the highway in that area.
3. The size of the sign is 103 square feet, exclusive of the decorative
casing, which exceeds the 65 square foot maximum allowed under Section
3-45(e) (1) of the Sign Ordinance.
4 . The proposed sign is located within the Entrance Corridor Overlay
District (ECOD)
DECISION ON THE PETITION OF MCDONALD'S CORP. (PETITIONER) , HIGHLAND PLAZA
REALTY TRUST (OWNER) FOR VARIANCE at 1-15 TRADERS WAY, SALEM
page two
5. The petitioner will be relying heavily on the visual impact of this sign,
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as there is no direct access to the subject property from Highland Ave.
0"1 6. It is essential in an effort to reach prospective customers that the pro-
posed sign be larger that the 65 sq.ft. maximum allowed.
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7. To deny the petitioners the relief requested would result in substantial
hardship as the proposed building will be only 2500 sq.ft and will be set
back about 96 feet from Highland Avenue which will result in reduction in
visibility of the building, thus creating a much needed reliance of the
road sign.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows :
1 . Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Sign Ordinance would involve
in substantial hardship to the petition.
3. The relief request can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested subject to the following terms and conditions:
1. Petitioner shall comply with all City and State ordinances, statutes,
codes and regulations.
2. Sign is to be erected and located in strict accordance with the plans
submitted to the Board December 1, 1993.
3. Petitioner shall have the plans for the proposed sign reviewed and
approved by the Salem Planning Board for Site Plan Review and the
ECOD Signage Committee.
4. A Building Permit is to be obtained from the Inspector of Buildings .
Variance Granted
December 1, 1993
George 1. Ahmed, Secretary
Board of Appeal
DECISION ON THE PETITION OF MCDONALD'S CORP. (PETITIONER) , HIGHLAND PLAZA
REALTY TRUST (OWNERS) FOR VARIANCE AT 1-15 TRADERS WAY, SALEM
page three
r
ir. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
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; Appeal from this decision, if any, shall be made pursuant to Section 17, of
- 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. ,
o Section 11, the Variance/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 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
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DECISION ON THE PETITION OF MCDONALD'S CORPORATION (PETITIONERS) , HIGHLAND
PLAZA REALTY TRUST (OWNERS) FOR A VARIANCE FROM THE CITY OF SALEM SIGN
ORDINANCE FOR PROPERTY LOCATED AT 1-15 TRADERS WAY (B-2/ECOD)
A hearing on this petition was held December 1, 1993 with the following Board
Members present: Francis Grealish, Jr. , Chairman; George Ahmed, Stephen
O'Grady and Stephen Touchette. 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 is requesting a Variance from the City of Salem Ordinance relating
to Signs & Billboards Section 3-34 and a Variance from the size requirements
in Section 3-45(e) (1 ) of the Signs & Billboards Ordinance to allow the
erection of a freestanding sign. The property is located in the B-2 and the
Entrance Corridor Overlay District (ECOD)
The Zoning Board of Appeal may grant variances from the provisions of the
Ordinance Relating to Signs & Billboards in specific cases which appear to
them not to have been contemplated by this Ordinance, and in cases wherein its
enforcement would involve practical difficulties or unnecessary hardship upon
a finding of the Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which do not generally affect
other lands, buildings or structures in the same district.
2. Literal enforcement of the provisions of the Sign Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent and purpose of this Ordinance.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact.
1 . There was no opposition to the petitioners request.
2. There are a number of signs on the highway in that area.
3. The size of the sign is 103 square feet, exclusive of the decorative
casing, which exceeds the 65 square foot maximum allowed under Section
3-45(e) ( 1) of the Sign Ordinance.
4. The proposed sign is located within the Entrance Corridor Overlay
District (ECOD)
DECISION ON THE PETITION OF MCDONALD'S CORP. (PETITIONER) , HIGHLAND PLAZA
REALTY TRUST (OWNER) FOR VARIANCE at 1-15 TRADERS WAY, SALEM
^>, page two
5. The petitioner will be relying heavily on the visual impact of this sign,
as there is no direct access to the subject property from Highland Ave.
6. It is essential in an effort to reach prospective customers that the pro-
posed sign be larger that the 65 sq. ft. maximum allowed.
7. To deny the petitioners the relief requested would result in substantial
hardship as the proposed building will be only 2500 sq.ft and will be set
back about 96 feet from Highland Avenue which will result in reduction in
visibility of the building, thus creating a much needed reliance of the
road sign.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Sign Ordinance would involve
in substantial hardship to the petition.
3. The relief request can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
variances requested subject to the following terms and conditions:
1. Petitioner shall comply with all City and State ordinances, statutes,
codes and regulations.
2. Sign is to be erected and located in strict accordance with the plans
submitted to the Board December 1, 1993.
3. Petitioner shall have the plans for the proposed sign reviewed and
approved by the Salem Planning Board for Site Plan Review and the
ECOD Signage Committee.
4. A Building Permit is to be obtained from the Inspector of Buildings.
Variance Granted
December 1, 1993
0&,2
George A. Ahmed, Secretary
Board of Appeal
DECISION ON THE PETITION OF MCDONALD'S CORP. (PETITIONER) , HIGHLAND PLAZA
REALTY TRUST (OWNERS) FOR VARIANCE AT 1-15 TRADERS WAY, SALEM
page three
y A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
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Appeal from this decision, if any, shall be made pursuant to Section 17, of
N '- 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. ,
o Section 11, the Variance/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 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
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
�ONUIT�
WILLIAM E. LUSTER 4� � ONE SALEM GREEN
City Planner 01970
(508) 745-9595, EXT. 311
o��M1Ne' FAX (508) 744-5918
December 1, 1993
Francis X. Grealish
Chairman
Salem Board of Appeals
One Salem Green
Salem, MA 01970
RE: McDonald's - Traders Way
Dear Chairman Grealish:
I am writing to you with regard to the application before you this evening for a Variance
for an oversized free-standing sign for the proposed McDonald's restaurant on Traders Way.
The proposed restaurant is located within an Entrance Corridor Overlay District(ECOD)
and is currently being reviewed by the Salem Planning Board for a Site Plan Review Special
Permit. There has been no action taken on the issuance of the Special Permit. In addition, any
signage located within the Entrance Corridor Overlay District must be approved by the ECOD
Signage Committee which is comprised of Building Inspector Leo Tremblay, a representative of
the Salem Planning Department and a representative of the Salem Redevelopment Authority.
McDonald's has not applied to the ECOD Signage Committee for review of their signage
package and therefore no action has been taken on the proposed signage.
I would like to request that the Board of Appeals condition any Variance that is granted
for this sign with a requirement that the sign be reviewed and approved by the ECOD Signage
Committee. A similar condition will be included in the decision which is imminent from the
Planning Board.
Thank you for the opportunity to comment on this application.
cere y,
illi E. Luster
City PI net
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CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
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WILLIAM E. LUSTER �v ONE SALEM GREEN
City Planner y .r 01970
��".` + fro' (508) 745-9595, EXT. 311
��F��MINB�H FAX (508) 744-5918
December 1, 1993
Francis X. Grealish
Chairman
Salem Board of Appeals
One Salem Green
Salem, MA 01970
RE: McDonald's - Traders Way
Dear Chairman Grealish:
I am writing to you with regard to the application before you this evening for a Variance
for an oversized free-standing sign for the proposed McDonald's restaurant on Traders Way.
The proposed restaurant is located within an Entrance Corridor Overlay District(ECOD)
and is currently being reviewed by the Salem Planning Board for a Site Plan Review Special
Permit. There has been no action taken on the issuance of the Special Permit. In addition, any
signage located within the Entrance Corridor Overlay District must be approved by the ECOD
Signage Committee which is comprised of Building Inspector Leo Tremblay, a representative of
the Salem Planning Department and a representative of the Salem Redevelopment Authority.
McDonald's has not applied to the ECOD Signage Committee for review of their signage
package and therefore no action has been taken on the proposed signage.
I would like to request that the Board of Appeals condition any Variance that is granted
for this sign with a requirement that the sign be reviewed and approved by the ECOD Signage
Committee. A similar condition will be included in the decision which is imminent from the
Planning Board.
Thank you for the opportunity to comment on this application.
ce&y,illiter
City
jm/jm/mcd.sign
APPEAL CASE NO. .. . ... .. .. .. .. .. .. . . . . .
r a �tlTt 1 of 52dem' AussadTuse#ts
TO THE BOARD OF APPEALS:
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The Undersigned represent that *d is xam the owners: of a certain parcel of land located
at NO. .1-15.Traders.WaY... . . . . . ...... .... ... .. .. ... .... ..... . fit; Zoning District.B.-. and
Futrivcv-.GPrridpr. Overlay.. . . . .; and id kxi��d 'B r� x ucxcvcavvv xxx
�#haxQ4assaeke�ss8Es�8aEaxB�si;T�i�g�ard�.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section 1X A.1 of the Zoning Ordinance.
Direct Appeal.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed; as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
See Schedule A, attached.
1
11 ark Pereehocky and L. Rappaport„
Trustees of Highland Plaza Realty Trust
Owner. F/p.P.•. P.•. ;:wner.tps. .. .... .. .. .. ... ..
100 Maplewood Drive #110
Address.. . ( Wf. Shade, M . PPP52. . . . ,
c/o Ellen M. Winkler
Telephone. ... ...(sos) 744-0212
. . . .. . . .6. . . . . ... . ..
Petitioner..McAvnald:s. Gprnvrativv. . . . . . . . ..
c/o Ellen M. Winkler
Address... . Serafinir Serafini and Darling
. . . . . .. . . . . . .. .
63 Federal St. , Salem, MA 01970
Date..Nvvember. 14..1493... Telephor55�N. 7144-P/} . . .. . .. . . .. . . ..
BY••.-cG� .s:f: .. .. . . . ...
Three copies of the application must be filed with the Secretary of the Board of
. ,?Appeals with a check, for advertising in the amount of... . .... .. .... . . .
ifour weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The Petitioner, McDonald' s Corporation, is the Lessee of
a parcel of approximately 34, 850 square feet of property situated
in Salem, described on a site plan submitted herewith. The subject
property is in a B-2 Zone and is included within the Entrance
Corridor Overlay District. The Petitioner wishes to erect a free-
standing sign along its frontage on Highland Avenue. The size of
the proposed free-standing sign is 103 square feet, exclusive of
the decorative casing, which exceeds the 65 square foot maximum
established under Section 3-45 (e) (1) of the Salem Code (the "Sign
Ordinance") .
There are practical difficulties for the Petitioner in
designing and constructing a sign within the size limitations of
the Sign Ordinance. Prefabricated signage generally used by the
Petitioner at its restaurants is available in sizes either
substantially smaller than or larger than the allocated 65 square
feet.
The elevation of the subject property is substantially
higher than that of Highland Avenue and Traders Way. In order to
achieve the visual impact equivalent to a 65 square foot sign level
with vehicular traffic, it is essential that the sign be larger.
The Petitioner will be relying heavily on reaching
prospective customers through the visual impact of this sign.
There is no direct access to the subject property from Highland
Avenue. Customers must be able to see the sign and turn into
Traders Way before passing the site in order to gain access to the
restaurant. The proposed building will be only about 2500 square
feet, significantly smaller than other McDonald ' s restaurants, and
will be set back approximately 96 feet from Highland Avenue. The
resulting reduction in visibility of the building, therefore,
creates a greater reliance on the road sign.
It is submitted that the proposed sign will be in keeping
with the scale of other signs along this portion of Highland Avenue
and will not substantially alter the existing character of the
neighborhood. A strict enforcement of' the size limitations of the
Sign Ordinance will result in unnecessary financial hardship to
the Petitioner.
The project is a worthwhile addition to the City of Salem
and will provide economic benefit in accordance with the underlying
B-2 Zoning and general commercial nature of the development of the
Highlander Plaza Shopping Center area.
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Therefore, the Petitioner respectfully requests, ]}p su nt
to Section 3-34 of the Salem Code, a Variance from the' Sze
requirements in Section 3-45 (e) (1) of the Salem Code, allg : n the
erection of a freestanding sign as shown on the attached pla .
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