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DECISION
Site Plan Review
Special Permit
16 North Street
Salem, MA'01970
Re: Salem YMCA Pool
On Thursday, November 15, 1990, the Salem Planning Board held a public hearing
under Section VII R Site Plan Review Special Permit of the City of Salem Zoning
Ordinance for the-proposed construction of a± 11,532 s.f. building which will contain a
swimming pool and fitness room at=6;North'Street
At a regularly scheduled meeting of the Planning Board held on November 15, 1990,
the Board voted by a vote of eight in favor, none opposed, to approve the application as
complying with the requirements of a Special Permit, subject to the following conditions:
1. Conformance With Plan
Work shall conform with plan entitled "Site Development Plan of Land, Salem YMCA",
dated October 16, 1990.
2. Landscaping
Landscaping plan shall be reviewed and approved by the City Planner, Design Review
Board and Salem Redevelopment Authority.
3. Lighting..
Exterior lighting shall be installed so as to not cause glare on abutting properties.
4. Board of Health
Board of Health requirements stated in a letter dated November 15, 1990, shall be
adhered to.
5. Amendments
Any amendments to site plans shall require the approval of the City Planner.
6. DRB/SRA Approval
The owner shall submit application to the SRA and the DRB and receive their approval
for a detailed design review of the proposed project.
7. Signage
Signage shall be reviewed and approved by the SRA, DRB, and City Planner.
8. Roof Top Equipment
Roof top equipment shall be screened acoustically and visually from abutting
residential properties.
9. Building Inspector
Owner shall receive approval of above mentioned plan from the City of Salem Building
Inspector.
10. Construction Practices
All construction shall be performed in accordance with the Rules and Regulations of
the Planning Board, and in accordance with any and all applicable City of Salem
regulations.
9. Violations
Any violations of these conditions shall result in revocation of this permit by the
Planning Board.
I hereby certify that a copy of this decision and plans have been filed with the City
Clerk and copies are on file with the Planning Board. The Special Permit shall not take
effect until a copy of this decision bearing the certification of the City Clerk that twenty
(20) days have elapsed and no appeal has been filed or that if such appeal has been filed,
and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and
is indexed under the name of the owner of record or is recorded on the owner's Certificate
of Title. The fee for recording or registering shall be paid by the owner or applicant.
Walter B. Power, III 1621)
Chairman
M9WP
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DECISION ON THE PETITION OF THE SALEM YOUNG MEN ' S,CHR-hSTIAN
ASSOCIATION (YMCA) FOR VARIANCES AT 1 SEWALL76 N 84 ESSEX STS.
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Edward Luzinski , Acting Chairman; Joseph Correnti , Richard
Febonio, Edward Luzinski , Mary Jane Stirgwolt and Associate Member Arthur
Labrecque. 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.
Petitioners, owners of the property, are requesting Variances from Section
VII D as it relates to loading bay requirements, Section VII J Swimming Pools,
and Dimensional Requirements regarding lot coverage to allow construction of
a two story addition which will house a regulation swimming pool on the first
floor and a consolidated fitness center on the second floor. The property is
located in the B-5 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions exist which especially affect the land, building or
structure involved and which are not generally affecting other lands,
buildings and structures in the same district.
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
c. desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal , after careful consideration of the evidence presented at
the hearing, and after viewing the plans, makes the following findings of fact:
1 . That the petitioner presented to the Board a videotape presentation on the
Salem YMCA and its history of community involvement.
2. That the Salem YMCA runs an after-school Day Care program recognized
and praised by the Salem School Committee.
3. That the petitioner currently has a waiting list for its various
day care programs and is severly constricted from lack of space at
the present location.
DECISION ON THE PETITION OF THE SALEM YOUNG MEN' S CHRISTIAN
ASSOCIATION FOR VARIANCES AT 1 SEWALL/6 NORTH/284 ESSEX STS. , SALEM
page two
4. That the petitioner offers senior citizen programs, including
swimming pool activities.
5. That the existing swimming pool is undersized and overused.
6. That the petitioner has been in frequent contact with its neighbors
regarding its proposed plans, including the Wesley United Methodist Church,
a direct abutter, and has received no opposition from the abutters.
7. That there is overwhelming community support for this petition and that
eight (8) people spoke in favor of the petition, including representatives
from the Salem Chamber of Commerce and the Salem Partnership Association.
8. That the petitioner has been engaged in a massive communit fund raising
drive and to date has raised over one million dollars to help fund the
proposed addition.
9. That the petitioner has withdrawn its request for a variance from the
minimum side yard provision as unnecessary.
10. That if the petition is allowed the petitioner will be able to establish
and expand a pre-school day care center, after school day care, increased
scheduling of its most popular programs, and offer more adult programs.
11 . That there is no practical use for a loading bay on the petitioners premises.
12. That to not allow a variance to the ten foot restriction on swimming pools
in relation to building foundations would create a substantial hardship
to petitioner as they would be unable to erect this new indoor pool addition
due to the unique characteristics of their property.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, 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 Zoning Ordinance would involve
substantial hardship on the petitioner.
3. Desirable relief can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
district or the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variances requested, subject to the following conditions:
1 . The petitioner obtain all necessary building permits.
2. That the exterior finish of the proposed addition be in harmony with the
main building as well as with the Wesley United Methodist Church.
a
DECISION ON THE PETITION OF THE SALEM YOUNG MEN 'S CHRISTIAN ASSOCIATION
FOR VARIANCES AT 1 SEWALL/6 NORTH/284 ESSEX STS. , SALEM
page three
3. That a Certificate of Occupancy be obtained.
4. That all rules and regulations of the Salem Fire Department and the
Fire Prevention Code be strictly adhered to.
5. That all City and State building codes be strictly adhered to.
6. That all construction be in accordance with plans and dimensions submitted.
7. That the petitioner must apply to and appear before all other City
Boards and Commissions as deemed necessary by law, including but not
limited to the Salem Planning Board and the Design Review Board.
VARIANCES GRANTED
October 17, 1990
Josepf C. Correnti , ecretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
06al Trot"eft dedslon, If any,shalt be made pursuant to Sectlon I7 tit
the Mass.General Laws,chapter 808.and shall be filed within 20 days
oiler the date of filing of this decision in the office of the city clerk.
Pursuant to Mass. (leneral La�-m, Ch:o!er 808,Section 11, the Variance
Of"Wiat Permit granieri h+ Fin cn:il nut take effect until a copy of the
decision, bearinn the terrific lion of the city clerk that 20 days have
elapsed and no appal has been filed, or that, it such appeal has been
„ filed, that it hsm been dismireu or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record
Is recorded and noted an the owner's certificate of Title. Or.
BOARD OF A'PPFAL,