12 FIRST STREET - CELLULAR, N Y - ZBA 12 First St. R-3
Winn Management .(Owner)
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DECISION ON THE PETITION OF NEW YORK CELLULAR GEOGRAPHIC SERVICE AREA, INC.
(PETITIONERS) WINN MANAGEMENT (OWNERS) FOR VARIANCES AT 12 FIRST STREET
(R-3)
A hearing on this petition was held April 21, 1993 with the following Board
Members present: Richard Bencal, Chairman; George Ahmed, Francis Grealish
Jr. , Stephen Touchette and Associate 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 are requesting a variances to allow existing antennas to be
upgraded. Property is located in an R-3 district.
The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved.
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 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. The change relative to the height of the antennas will not impact the
abutting neighborhood.
2. The change in antennas will allow petitioner to better serve their
customers and thus allow for better cellular communications.
DECISION ON THE PETITION OF NEW YORK CELLULAR GEOGRAPHIC SERVICE AREA, INC.
FOR VARIANCES AT 12 FIRST STREET, SALEM
page two
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 to 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 the district or the purpose of the Ordinance.
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 statutes, ordinances,
codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. The finish of the antennas shall be dulled so as to prevent any
reflection from them.
5. Petitioner shall immediately remedy any complaints relative to radio or
televisions interference.
6. No more than three (3) clusters of three (3) antennas may be placed on
site as per the plans submitted.
7. No new lights are to be added to the property at 12 First St.
VARIANCE GRANTED
April 21, 1993
Richard A. Bencal, Chairman
Board of Appeal
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DECISION ON THE PETITION OF NEW YORK CELLULAR GEOGRAPHIC SERVICE AREA, INC.
FOR VARIANCES AT 12 FIRST STREET, SALEM
page three
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.
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