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145 CANAL STREET - PETROLEUM, BEST - ZBA 145 Canal St. B-4 _ Best -Petroleum V _.co.wgb Ctu of -ittlem, Aassar4useffl` 13 3 9 � 7 : s Poara of LAu}rr d CITY CL£Rf . .. _., j`=£;S. DECISION ON THE PETITION OF BEST PETROLEUM CO. , INC. FOR SPECIAL PERMIT AT 145 CANAL STREET (B-4) A hearing on this petition was held on January 25 , 1989 with the following Board Members present: James M. Fleming, Chairman; Messrs . Bencal , Strout , LaBrecque and Nutting. 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, is requesting a special permit to reconstruct nonconforming structures on the premises located in-a B-4 zone. During the hearing Petitioner requested withdrawal of its request for a sign variance and the request was allowed by the Board. 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 anything 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 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 : 1 . There was no opposition to the petition and the ward councillor for the district appeared and spoke in favor. 1 DECISION ON THE PETITION OF BEST PETROLEUM CO. , INC. FOR SPECIAL PERMIT AT 145 CANAL STREET, SALEM page two 2 . The proposed reconstruction will improve public safety, traffic flow and the general appearance of the site . 3 . The existing and proposed uses are allowed uses in the district. 4 . The plans provided for parking as required by the Ordinance. 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 . The proposed reconstruction of the nonconforming structures will promote public safety and convenience . 2 . The Special Permit requested can be granted without more substantial detriment to the public good than the existing nonconforming structures 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 Special Permit requested, subject to the following conditions : , 1 . All exterior lighting be directed away from residential abutters . 2 . Hours of operation shall be 6 A.M. to 11 P .M. Monday through Friday and 7 A.M. to 11 P .M. Saturday and Sunday. 3 . Roof drains shall collect and dispense storm water to a municipal storm drain should such drain be accessible within a reasonable distance . 4 . A compressed air facility shall be available for public use during operating hours . 5 . Two employees shall be employed at the site during operating hours . 6 . All requirements of the Salem Fire Department shall be adhered to . 7 . Construction shall be completed in accordance with the plans submitted except as any changes may be directed by the Salem Fire Department and State Fire Marshall . 2 DECISION ON THE PETITION OF BEST PETROLEUM CO. , INC. FOR SPECIAL PERMIT AT 145 CANAL STREET, SALEM page three 8 . A building permit and certificate of occupancy be obtained from the Salem Building Inspector . GRANTED 6412 Ll d761 ,Sohn NuICtsng, MeWer , Board of Appeal J APPEAL FROM THIS DECISION. IF ANY. SHALL BE MADE PURSUANT TO SECTION 17 OF THE GENERAL LAWS. CHAPTER 808, AND SHALL BE FILED WITHIN 20 GAYS AFTER THE DATE OF FiiJ'r;5 7F THIS DECISION IN THE OFFICE OF THE CITY CLERK. BiiRSANT TO FIASS. °NERAL !.?7i S. CHAPTER 803. SECTION 11, THE VARIANCE OR SPEC!�IL 7C O.�!T WAMED HEREIN. SHALL NO; T,1KE EFFECT UNTIL A COPY OF THE9ECISIOii. tE''3 %d -I'. .- F' 3CATION OF THE C:'Y S.ERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS 3:'1 - -:1 3R.—;HAT, IF SLCH AN APPEAL HAS BEEN FILE, THAT IT H S BEEN DISMISSED OR OSi!ED IS HCCRDED IN WE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNSER THE ';...dE j: T,1EGIF �.... RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL 3 L Z NOTE: EXCEPT AS OTHERWISE NOTED,ALL AREAS I SHALL BE BITUMINOUS PAVEMENT U.P. INSTALL NEW ¢I YARD LIGHT m MR.) U � D 106.67r O4 i5T'G STOCKA� v, ,. EMPLOYEE PARKING z (T(TVFENCE lTD REMAIN) OO REMOVE MJD DISPOSE ISTING M INSTALL NEW CO RETE I"DS SERVICE STATION LDING y o ANDMATWI rn n N z N C}� D T�NISACTIOhJ BUILDING / REMOVE AND DISPOSE EXISTING YARD LIGHT PROPOSE r TRA CN AiN BUILDING 2'-0" SETBACK FROM PROPERTY LINE o_ BU- . S LDG.T J� Qv MSTRrJiI � AND DISPOSE EXISTING U. STORAGE TANKS rn tin I EXISTING PICKET FENCEw (TO REMAIN) NEW C OLLhW 10'-0SIDG f � v se'rlin x � i 18,_e,. Pur�P� a >J O% RTMOVE AND DISVOSE EXISTSEBACK -- - - - NCRETE MAT, 1 LAIiSLPND PA55-TNRI s, DISPENSERS. I DRAWS RE TE FILL SO, '0' CANO o w / \ / i� SETBAC Y I T G PARKING SPACES YP.") 0 K \\\ REMOVE AND DISPOSE EXISTI 3 g X 18' E Caf✓ �O, YARD LIGHT \ OOf o,, �� :I 1 rT�� v � Q ` O P HYD. a w .cj \ o% <- INSTALL NEW 6" HIGH CONCRETE CURBINGG, Z O, — a INSTALL 3 NEW DOUBLE WALLED - [L< pU.P. JFIBERGLASS U.G. GASOLINE " r o© STORAGE TANKS00,000 GAL. H our -, - EACH) .n w _ _ - --- j_----`- ---- r---- - �'� i 70.03' 18'-0" PL•MP NEW I .D. SIGN EXISTING 6' BTTlR11JTOUS SIDEWALK EXISTING APPROACH SIDEWALK ISLAND SET EXIST'G I .D. CANAL STREET EXISTING CURBING INSTALL NEW G" HIGH Q CONCRETE CURBING I.107E LAYOUT OG PROPOSED IQEPxJ I LD WAS REVISED 7o INCLUDE r-I ISLANDS , 714t X L0c­oTI0tI 5UI LP(rI SETE�;,ACKS , ADDITIOsI pA1zKILlG I AQP LI4N7IIJC, MODIGIC6,7IOWS . i o-zs SES MOTE FOR RL-VISIoW EXPLArIAI sJM REVISION DATE DESCRIPTION BY [Inff ET,a CABAL ST. a OCEAN AVE , SALEM , MASSACHUSETTS SITE PLAN DATE:G�.'rOJ�E1Q `1�8 SCALE: I , = 10' PROPOSED REBUILD PROJECT N0. OWQ N0. AYOUB ENGINEERING , INC. PAWTUCKET , R . 1 - 1797 i