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Official Address per Assessors
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DECISION OF THE PETITION OF WENDY'S INTERNATIONAL-R-EOUESTrNG It p7AS
A VARIANCE FOR THE PROPERTY LOCATED AT-1,PEABODY_STREET (B-S)i ;;r. G, ..iC�_ S
A hearing on this petition was held March 20, 1996 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen,
Albert Hill and Joseph Ywuc. 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.
Petitioner, owner of the property request a Variance from SRA Guidelines to
allow a free standing sign for the property located at 1 Peabody Street.
(B-5) .
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. The property is located in an SRA designated area.
2. The sign will have directional signage for parking and a space for
promotional messages.
3. The sign is free standing.
4. There was opposition from City Councillors, Kelley, Flynn and
Pakowski.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
r DECISION OF THE PETITION OF WENDY'S INTERNATIONAL REQUESTING A F .RIANCE
FOR THE PROPERTY LOCATED AT 1 PEABODY STREET (B-5) .
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any
construction.
4 . Petitioner is to obtain approval from the Planning Department's
Design Review Board with respect to size, materials, content and
lighting.
Variance Granted
March 20, 1996 � /' �, �A �rr-`�J
' (/C=cccytL
Stephen Touchette, Chairman
Board of Appeal
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 after the date of filing of this decision in the office of the City
Clerk. Pursuant to 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 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
Site Plan Review Special Permit
Wendy's Intemational
c/o Attorney John Keilty
40 Lowell Street
Peabody, MA 01960
RE: Wendy's Restaurant, 1 Peabody Street and Lafayette Street
On Thursday, September 21, 1995, the Planning Board of the City of Salem opened a public
hearing regarding the application of Wendy's Intemational Inc., under Section 7-18. Site Plan
Review, of the Salem Zoning Ordinance, with respect to the construction of a+/-2,904 s.f.
Wendy's Restaurant at 1 Peabody Street and Lafayette Street.
The public hearing was closed on October 19, 1995. At a regularly scheduled meeting of the
Planning Board held on November 2. 1995, the Board voted by a vote of six (6) in favor, one (1)
opposed to issue a Site Plan Review Special Permit, subject to the following conditions:
1. Conformance with Plan
Work shall conform to plan containing 11 sheets entitled, "Site Plan Set of Wendv's at 1
Peabody Street and Lafayette Street in Salem, MA", prepared by Ryan Engineering
Corp., P.O. Box 161, Nahant, MA 01908, dated August 16, 1995, revised September 6,
1995, September 26. 1995, and November 1, 1995.
2. Amendments
Any amendments to the Site Plan or Waiver of Conditions contained within shall require
the approval of the Planning Board.
3. Noise Mitigation
The increase in dB(A) shall not exceed 4dB(A) above the ambient noise. Such ambient
noise level shall be determined following noise level testing the methods for which
which are acceptable to Wendy's and the City. If Wendy's determines the agreed upon
sound level cannot be reasonably met using attenuation methods, the Planning Board
shall reconsider this level.
4. Employee Parking
Wendy's shall establish an in-store policy requiring employees to park in the rear parking
lot shown on the approved plan as Parking Lot A. A copy of the policy shall be
submitted to the Planning Department prior to the issuance of a Certificate of Occupancy.
5. Conservation Commission
Wendy's shall comply with all requirements of the Salem Conservation Commission.
6. Board of Health
Wendy's shall comply with all requirements of the Board of Health approval.
7. Exterior Building Materials
The exterior of the building shall be predominantly red brick through the roof line. There
shall be no mansard.
8. Salem Redevelopment Authority
Wendy's shall receive final design approval and comply with all requirements of the
Salem Redevelopment Authority.
9. Landscaping
a. Landscaping shall conform with Landscape Plan Sheet 1 C.
b. All curbing within the Wendy's site shall be cement concrete.
C. Wendy's shall remove and reset vertical granite curbing on Lafayette Street as
deemed necessary by City Engineer and on Peabody Street, around the entire
Wendy's site.
d. Wendy's shall install new cement concrete sidewalks and planting strips on
Lafayette Street and new cement concrete sidewalks on Peabody Street, around
the project site, as shown on the approved plan.
e. All trees shall be a minimum of 3/2" caliper.
f. After all project landscaping is completed, and prior to the issuance of a
Certificate of Occupancy, Wendy's shall be required to add further landscaping if
such is required by the City Planner.
g. Maintenance of all landscaping shall be the responsibility of the applicant, his
successors or assigns.
10. Site Lighting
a. Site lights shall be no higher than twenty-five (25) feet high above their two (2)
foot support pedestals.
b. Site lighting shall be designed to provide adequate site security at the same time,
providing a shield to guard against glare on surrounding residences.
11. Outside Dining Area
Wendy's shall agree to design and construct an outdoor dining area adjacent to the South
River. The dining area shall be approved in writing by the City Planner prior to
construction. The design and construction of this area shall be subject to the construction
of the walkway around the South River by the City of Salem.
12. SianaQe
The signage for the proposed project shall be approved in writing by the City Planner.
13. Maintenance
a. The Applicant shall employ an acceptable method or means for the holding and
disposal of trash during site development with a copy of this method sent to the
Planning Department and Health Department.
b. Refuse removal. ground maintenance and snow removal shall be the responsibility
of Wendy's, its successors or assigns.
C. Winter snow in excess of the snow storage areas shall be removed off site.
d. Winter snow and ice maintenance process shall be approved by the Salem
Conservation Commission.
14. Utilities
Utility installation shall be approved by the City Engineer.
15. Clerk of Works
The City's Clerk of the Works shall be on-site as deemed necessary by the City Planner.
The cost of the Clerk of the Works shall be borne by Wendy's.
16. Construction Practices
All construction shall be carried out in accordance with the following conditions:
a. No work shall commence before 8:00 a.m. on weekdays and Saturdays. No work
shall continue beyond 5:00 p.m. There shall be no work conducted on Sundays or
holidays. Inside work of a quiet nature may be permitted at other times.
b. All construction shall be performed in accordance with the Rules and Regulations
of the Planning Board, and in accordance with any and all rules, regulations and
ordinances of the City of Salem.
J
17. As-Built Plans
As-built plans, stamped by a Registered Professional Engineer or Land Surveyor, shall be
submitted to the Planning Department and Engineering Department prior to issuance of a
Certificate of Occupancy.
18. Violations
Violations of any conditions contained herein shall result in notice being served on the
Applicant to appear before the Planning Board at its regularly scheduled meeting. If it is
determined by the Planning Board that a violation of any of the conditions has occurred,
and if corrective action is not immediately forthcoming, this may result in revocation of
this permit by the Planning Board.
This Special Permit shall not take effect until a copy of the decision bearing the
certification of the City Clerk that twenty 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 in the grantor index under the name of the owner of
record or certificate of title. The fee for recording or registering shall be paid by the owner or
applicant.
Walter B. Power, III
Chairman
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CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
WILLIAM E. LUSTER ONE SALEM GREEN
City Planner 01970
(508) 745.9595, EXT. 311
FAX (508) 7445918
July 25, 1996
Mr. Leo Tremblay
Building Inspector
One Salem Green
Salem, MA 01970
Re: Wendy's - 1 Peabody Street- Sign Face Color Change
Dear Mr. Tremblay:
Please be advised that the Salem Redevelopment Authority, at its regular meeting held on
July 24, 1996, voted to allow Wendy's to change the face color of their three building signs from
white to red.
As Wendy's sign application has already been submitted to your office, please allow this
letter to serve as an approved amendment to the Wendy's sign package application.
Thank you for your cooperation in this matter.
Sincerely,
Ellen S. Dubinsky
Administrative Assistant