63 FLINT STREET - ZBA (2) 63 Flint St. - — BPD 11
Allied Realty Trust
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DECISION ON THE PETITION OF ALLIED REALTY TRUST F`OR '
VARIANCES & SPECIAL PERMIT AT 63 FLINT ST. (BPD)f.:: {:.
A hearing on this petition was held September 19, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Richard Febonio,
Edward Luzinski and Mary Jane Stirgwolt. 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 the Board to vary the density provisions of Section
VI, Table IV as to Minimum Lot Width, Width of Side Yard, Buffer Area required
and Open Space Required and a Special Permit in accordance with Section V B 10,
to allow removal of existing buildings, construction of two new structures and
continuation of nonconforming use for retail and wholesale and storage of building
supplies with offices and warehousing associated with said use. Property is
located in the Business Park Development District (BPD)
The Variances which have been requested may be granted upon a finding of the
Board that:
a. 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 in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding any to the contrary appearing in this Ordinance, the Board of Appeal
may, in accordance with the procedure and conditions set forth in Section VIII F
and IX D, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however that such change, extension,
enlargement or expansion or expansion shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
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:
DECISION ON THE PETITION OF ALLIED REALTY TRUST FOR VARIANCES
AND SPECIAL PERMIT AT 63 FLINT ST. , SALEM
page two
1 . No opposition from the neighbors b
p4
q od & '-ng C
2. The request for relief was the result of an eminent d ipbr ' ,
which calls for the removal of the existing buildings,4and the reduction
in the present lot size.
3. Granting the relief requested would allow for the continued use of the
land for business purpose.
4. The petitioner has operated a building supplies company at that
location for twenty five years.
5. The was opposition by the owners of the Philson/Freelonic Office,
63 Grove St involving a right of way which is presently in litigation.
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 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 relief
requested, subject to the following conditions:
1 . All construction be done in compliance with City and State Building Codes.
2. All construction be completed according to plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety are to be strictly adhered to.
4. Legal Building Permits must be obtained prior to construction.
5. A Certificate of Occupancy for each building be obtained.
6. All signs shall be in compliance with the City of Salem Sign Ordinance.
7. Petitioner must obtain the approval of any other City Board of Commission
that has jurisdiction, including, but not limited to, the Planning Board and
the Conservation Commission.
GRANTED
September 19, 1990
Ki-chard Febonioo, Member, board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
i
DECISION ON THE PETITION OF ALLIED REALTY TRUST FOR VARIANCES AND
SPECIAL PERMIT AT 53 FLINT ST. , SALEM
page three
Appeal from this decision, if any, shall be made pursuant to Section 17 of
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
after the data of filing of this decision in the office of the city Clerk.
Pursuant to Mass. Ceneral Laws, Chapter 808, Section 11, the variance
or "'pedal Permit granted herein shall not take effect until a copy of the
decision, tc ring 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 or the owner of record or
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEALI
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September 11, 1990
SALEM - 1988 Salem,/Beverly Bridge Street Bypass FILE: NA9025002
Parcel No. 3-15-C et als
F.A.P. No. F-54(4)
Allied Lumber Company
c/o 400 Bridge Street
Salem, Massachusetts 01970
Gentlemen:
E
In accordance with the provisions of Section 3 of Chapter 79, General Laws of
Massachusetts, you are herewith given notice that you must vacate the premises
located at 63-67 Flint Street, Salem, Massachusetts.
Said premises were taken in the name of the Camionwealth of Massachusetts,
acting by and through its Department of Public Wbrks on October 26, 1988.
The premises occupied by you are being managed by the Department of Public Works
in accordance with the provisions of Section 3, Chapter427 of the Acts of 1966.
In either case above, you are herewith given notice that thrity days from the
' receipt of this notice, your occupancy under the provisions of said Chapter 79
i
or Chapter 427, is terminated.
t
Thereafter, if you have not vacated said premises, the Massachusetts Department
of Public Works may issue its eviction warrant to a Sheriff or his Deputy
directing him to make entry on the premises and to take possession of the premi-
ses in behalf of the Commonwealth of Massachusetts.
All arrear
ages for occupancy must be paid without delay or legal proceedings for
�clits recovery may be instituted.
6
Sincerely, �
Jane F. Garvey
Cannissioner
CERTIFIED MAIL
t Return Receipt Requested
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Cft *aIent,
p of Ifla,55acfju5ett!5
-Fire Department 3[)eabquarter5
A��I.ry,YC�
4SIafapette street
6alem, fRa. 01970
Joseph F. Sullivan
Chief
City of Salem Re: 63 Flint Street
Board of Appeal Allied Realty Trust
One Salem Green Nearing date: September 19, 1990
The Salem Fire Department has no objection to the granting of Variances
required to remove existing structures and to construct two new structures
at #63 Flint Street subject to the following conditions:
1. Plans for the proposed construction are presented to the Fire
Prevention Bureau for approval prior to the issuance of a
building permit.
2. The proposed construction shall conform to all applicable
provisions of the Massachusetts State Building Code, 527 Code of
Massachusetts Regulations, the Salem Fire Prevention Code, the
Salem City Ordinances, and Massachusetts General Laws relative to
fire safety.
3. The applicant shall arrange for an inspection by the Fire
Prevention Bureau upon completion of the work.
Signed,
Robert W. Turner,
Fire Marshal
CO]D1�
CITY OF SALEM
MASSACHUSETTS
NEIL J. HARRINGTON
MAYOR
September 19 , 1990
Richard A. Bencal
Chairman
Salem Board of Appeal
One Salem Green
Salem , MA 01970
RE: Allied Realty Trust
Dear Mr . Bencal :
I am writing to express my support for the petition of Allied
Realty Trust for Variances required to remove the existing
structures and construct two new structures at 63 Flint Street, as
well as a Special Permit for relocation and continuation of a
non-conforming use.
As you know, the existing lot has been reduced in size by an
eminent domain taking by the Commonwealth of Massachusetts
Department of Public Works to allow for the construction of the
long-awaited Beverly/Salem Bridge and Bypass Project. The existing
buildings at Allied Lumber must be demolished as a result of the
land taking. In order for Allied Realty Trust to construct the two
new structures they must obtain the necessary Variances from the
Board of Appeal .
Allied Lumber has been at its present location for over twenty
years and in that time has proven to be a good neighbor.
I trust that any concerns expressed by the neighbors at the
public hearing will be addressed by the Board of Appeal .
Thank you for your consideration in this matter.
Sincerely,
Neil d'. Harrington
Mayor
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DENSITY REGULATIONS SUPPLEM=ARY REGULATIONS
Business Park Development District (BPD) Parking requirements for Wholesale merchandising, Warehousing
and Industrial Uses. —-
required provided variance i
needed parking spaces
provided
01.Minimum lot area 40 000 sf 83 126 sf no
02.Minimman lot width 150' 58.8'-125' yes 01.0ne space for each company vehicle 2
03.Maximun lot coverage 45% 24& no 02.One space for each'two employees 8 (16 employees)
04.Minimum depth of .front yard 50' 143' no 03.One space for each 1000 sf of building
05.Minimum width of side yard 30'. varies,see plan yes excluding storage areas - 8 (7200 sf)
06.Minimm depth of rear yard 50' 50, no Total parking spaces " 18
07.Maximum height of buildings , 50' 251
-
no
OS.Maximum height of fences 101 61 no _
: 09.Buffer area distance 75' varies,see plan yes
10.Open space 10% - 15.4 no
11.Park
ing subject to. planning board approval
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Center Line of Location
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DH Found Cement donerefe Retaining !Pall �� C
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Not To Scale 4 '
Ste ¢) = 5'100 � v. o
+ A Tti R = 59'5.60 " i.� Sia 337410.78= c S�
n 3 �$ ( L = 51.90' 15A �tie� y
5 Sta 1267498.91
/ Q IJLy'T�iIL 2A% 2 ( � o Sta. 18746213
\ PX Set
R = 10433' Not To Scale to h Sta. »749'9.19
S 6239 30 " IP `� _ Plan of Land
kPX Found Held
L = 9'3.32' 00 - O ,
\ Sta. 33134.B5
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DHS" Found
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H Found .1 N \ � Sta. 147440. 96
ti �� a`a3- prepared Jor
fti�/ "�1 �3• �0 oLawrence & ffillon Collier
51.
h400 Brid
9e Street
t' �' r � Salem, ILlass
700 ' OS-� GRAPh'IC" SCALA'
s 61'5415" RY14N �NGIN��RING CORP.
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6-67IN PBIT J Book 4066
Page
plan 306 of 1954
\ ¢2�e 1 inch - so >r. P. O. BOX 161 N. hf 4Al; JUSS. 01908
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h, N16 54 Is- 0, t
� Scale.• > " = 30 ' June >3, 1990
3 a Pfiilson Realty Corlvoration �P` J'�� \ Aon
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R = 595.60 ' \ ZZ! 1 g
`� DH Fou / N 62Y8 45" D Found L = 51.90 '
DH Found y
i 61.69 Chain Link Fence Loading Docker s 4, I fisting Tmc �7`e� Proposed Street Line 0 G5
+ ebar Found se'o "�-'`0 31.0 Al
Sta. 407'9'4.88 Location of Old Spur Track 51' \ �C� g
Fiistin Street Line
12' Grade Crossing o
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O O Certter Line O�=_�� o
DH Found Heldi\� S63y p8 jy of Location Tanyen= ea, bar Sef o
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6:�„ _ Sta. 357420.53_
N G9 Baselzne of Constrz�ctzbn
moo\ o i4>I7'� r _ _��12 Rayjit of IYay -
�.t". jl _ 77' b - - _ �_ O - _ `�. r� Center Line of Location
g f Book 5186 Page 666 b - ' - - •_�_ 9tLt, of lyay�-� i z ebar Set Sta. 337434.85 \ o S 6 - �--
Fd e o Pavement - _ 2
DH Found Plan 309 of 1964 . O a a - - - - - -
- - - - - - - - - Edge of Pavement ---" - - - - aPX Se
86 29 ? - 479.13_ Location of Old Spur Track 12 1j�' f�2 -►�'�'X Se
R 88.50 " - - _ - `J Crushed Sfo
S 6239 30 LStI Bd Found 113.00 o Fxisting Tracks
L 93.60 I )y - 63.33' ' _ l N 6241 27 F 86.42 1 p
Not Tangent =� - 1 F_ Rebar Set- r RR S k Set
\ I Remaining Collier Land ,� - 8�04 'Or 175 Rebar het
g eet
C kN FzistinStLine
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J Area= 83, 12674 S.F +�� Chain Link Fence �y p
1 Sto I / yS•!29„ Rebar et
ry Afetal Building or 1. 908 Acres �y,O\ I / `� �
A = 55234 - �o6s9'y.�„ \
1 Sfo Afetal Buildin > 51077✓ C°ncrefb "lock Buz'ldz'n m �� P�Pesed Street Line
R = .»5.02 Book 3156 Page 353 r'✓ g ref" g �\ - o
»>2> q��� �- Plan in Book 2500 Page 7 I / \� Book 5066 Page 466'
J7 P �1 le972�Ora 15A� �= Fdge Pavement
Pro sed Street Line \ - S, 00 arCel { q C, 1 C .. S>�en,e �r 6/ 7\ Book 3156 Page 353 0 _ / 30 �y',
'� Not Tangent 6748 Canal Vase ea- 2�0 /� 0 = 20'96'6 1" N ✓ 4'37 b \
129. 1� O 9rLen� ,ore ��- 44'4
os' a_ A R = 6'20.00' \S
_ �7 - Z8 p3,j7c +12.27 - - t� rzel¢ 4->6-
li �j S'�' �Book 1577 L = 223.09' o
Concrete Cap on Ra!! l Y > Sfory �' Pae 112 Not Tangenf a1 Aroa- Fsistx'ng Bridge
BuzZdoo \ w o 2 169745.F,. -
I1 S' 6621 ?1" ly ll > S�t7or3/ C�ojncrefe Block B m 1Pood Shed a� gg.00 yy �gg-r
/1 jOp /y " 11 jz ding
140+00 _ 1 L/
747+0006.00 1 /�J
l Y T U s��-- T Panel # 4-15-C. 5. $ 1 x
P O 142+00 l 17 �s?z. 44 oa�oB o3'• L area= S5of S.F 5.83 g i �t 5)
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93.75 '�>efa! z1z 149+00
O Baselz'ne of CO I Z e ,B ldtn9 _ ��40 y k00 1 ss
N 6644 38 17'r=435+00 X43.891 38, w o�\�. -A\ �z`a D Found Const Baseline BridgeV. Street
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144+00 4 Alk M 90.59' ,?-foaoO 5 3 01 a \a a
j j 1 +6 3.69
145+00 147+00 +m
ca Fzisting Street Line 600.00' l=257 83'
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to FOR REGISTRY USE ONLY o C -L� T 145+o- y
SB Found 6659 107 " 1
• LL'GL'NI� f
Fdge of Crushed Stone Note.
Dimensions shown Ar ties are from the object •!bund
Fdge of Pavement to the properfy corner. \ �~
- . - . - . - - - _ 12' Fide Right of Fay Fine
- - - - . - - - IV Vide Right of !Pay Line
property Line .1 ce;Yzlythat this plan was prepared in compliance ! hereby certify that the property lines shown on this �atH OF 4ti
with the fides and regulations of the Registers of Deeds plan are the lines dividing eszsting ownerships, and y
- - - - Former Interior Lot Line for the Commonwealth of Afassaehuse&s. the lines of the streets and ways shown are those of ±' �V- oX
r _ x Chain Link Fencepublic or private streets or ways already established, g RYAN a o
t > C and that no new lines Ar the division of existing No.M313
Slone Retaining )Pall P%� nal Land S yor ,¢' 30313 Date ownership or Ar new ways are shown ?7'b
Q Drill Hole Stone Bound
O G'►U Eur
' Q Drill Xole proms onal Land S r ,¢ 30919 Date
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