441-445 HIGHLAND AVENUE - ZBA 441 -445 Highland aVe. B-2
Acquisition Trust 1987
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441-445 Highland aVe. B-2
Acquisition Trust 1987
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CRT CLERK.SALEM.MASS.
DECISION ON THE PETITION OF EXTRA SPACE ASSOCIATION FOR VARIANCES
FOR 441-445 HIGHLAND AVE. .
A hearing on this petition was held November 23, 1987 and continued until
December 2, 1987 with the following Board Members present: James Hacker, Chairman;
Messrs. , Fleming, Strout and Associate Members Dore and 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 Variances from lot coverage, frontage and use to allow
construction of two building on one lot in this B-2 district. Buildings will be
used as storage facilities.
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 or 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 and after
viewing the plans, makes the following findings of fact:
1 . The City of Salem Planning Department is in favor of this use;
2. Property is currently being used as a junk yard and is not in
harmony with the existing neighborhood;
3. The property is currently poluted according to EPA standards and
environmental studies;
4. The neighborhood is in favor with limiting conditions;
5. This is, in all probability, a use that will have one of the least
impact on the area;
6. Proposal would generate low amount of vehicle traffic.
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 generally;
DECISION ON THE PETITION OF EXTRA SPACE ASSOCIATION FOR
VARIANCES AT 441-445 HIGHLAND AVE. , SALEM
t page two
2. Literal enforcement of the Ordinance would involve substantial hardship
to the petitioners;
3. The relief requested 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
variances requested, subject to the following conditions:
1 . Two buildings, two stories each, to be built per amended plans;
0 2. There will be absolutely no entrance or exit to this property via
o W Clark Street;
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G d 3. Parking to be as per plans on file;
g G 4• A retaining wall is to be constructed on the entire rear property line and
m W to be on grade level with abutting lots;
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5. A six (6) foot chain link fence shall be placed on the rear lot line and
z z W appropriate noise abatement procedures be approved by the City Planner;
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z ' o 5 z 6. All lighting be places so as to shine towards Highland Avenue direction;
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W < W < o 0 7. No laud speaker system is to be in operation;
W 8. No heavy equipment is to be used on the property;
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9. The hours of operation are to be Monday through Saturday, 7:00 a.m.
y U W N m L
W � to 7:00 p.m. No Sunday operation.
10. No building permit to be issued until the Salem Fire Department and
DEOE reauirements are met regarding MGL Section 21E.
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z 11 . Construction be as per plans submitted and amended;
U G N Z W U S = -
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t-11 It 0 12. Proper numbering be obtained from the City Assessor;
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13. Appropriate landscaping be done in cooperation with the Planning Dept.
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14. A building permit is to be obtained prior to construction;
15. A Certificate of Occupancy and Use is to be obtained.
GRANTED
C�j41�
APPEAL FROM III CTION 17 OF THE-AAS
A COPY OF THIS DECISION HASAE ups IT4 8. ANO QEEE'F16&;*AAJW8D DAYS AFTER THE DATE OF
FILING
p� ; I XJEf Ri.Atif IND BaARD AND THE CITY CLERK
PORSANT TO MASS. GENERAL LAWS. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PERMIT
I RANTED HEREIN. SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION. BEARING THE CERT-
FICATION OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED ANO NO APPEAL HAS BEEN FILED.
l;R TH4T. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISMISSED OR DENIED IS
RECbRCCD IN THE SOU;H ESSEX REI:ISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNEF
OF RECORD OR IS RICURDED AND NUIEU UN THE UWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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'4ogMg yo+� WARD COUNCILLORS
LEONARD F.O'LEARY
1987
COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK
1987
JOSEPHINE R. FUSCO KEVIN R.HARVEY
ROBERT E.GAUTHIER
CITY CLERK VINCENT J.FURFARO
FRANCES J.GRACE
LEONARD F.O'LEARV
NEIL J.HARRINGTON
RICHARD E.SWINIUCH December 1, 1987 JEAN-GUY J.MARTINEAU
GEORGE P.MCCABE
JOHN R.NUTTING
Mr. James B. Hacker, Chairman
Board of Appeals
7 Ugo Road
Salem, Mass. 01970
Dear Mr. Hacker and Members of the Board:
A neighborhood meeting was held on November 30, 1987 relative to the petition
of Extra Space Association for variances at 441-445 Highland Avenue. Neighbors
and abutters in attendance were as follows:
Stella Lazaris, 6 Clark Street
Mr. & Mrs. Marvin Dollins, 6 Clark Street
Agnes George, 8 Clark Street
Mr. & Mrs. Ralph Morris, 1 Clark Avenue
Mr. & Mrs. Rudolph Growitz, 2 Clark Avenue
Also in attendance were representatives of the developer, the developer's
Attorney and myself.
The following compromises were discussed and accepted by the abutters and
neighbors with the exception of Mr. & Mrs. Grcwitz, who were opposed to
the project as it pertains to noise and hours of operation.
1. Erection of two (2) two story masonry. buildings
each 285 feet by 55 feet
2. Elimination of Clark as an entrance or exit
3. Erection of a retaining wall and permanent fence
with a noise barrier or
4. Give abutting have owners an allowance to land-
scape their property according to acceptable stand-
ards as recomiended by the Planning Department
5. No exterior loud speaker systems
6. Exterior lighting on sight will be directed away
frau surrounding residences
7. No roof top air conditioning or heating units that
may increase the noise level in the neighborhood
Additionally all of the neighbors and abutters were extremely concerned
about the hours of operation and they were unanimously opposed to Sunday
hours of operation. A second meeting is being held on Wednesday, December
2 at 6:00 P. M. to further address these issues. I hope that this infor-
mation will help you in your deliberations.
Sincerely yours,
2,
VINCENT J. FURF
COUNCILLOR MRD THREE
VJF/jc
Copy: Above residents
Attorney John Serafini, 63 Federal Street
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WARD COUNCILLORS
LEONARD F.O'LEARY
1987
COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK
1987
JOSEPHINE R. FUSCO KEVIN R.HARVEY
ROBERT E.GAUTH IER CITU CLERK VINCENT J.FURFARO
'
FRANCES J.GRACE
" LEONARD F.O'LEARV .
NEIL J.HARRINGTON
JEAN-GUY J.MARTINEAU
RICHARD E.SWINIUCH GEORGE P.MCCABE
JOHN R.NUTTING
December 2, 1987
James B. Hacker, Chairman
Board of Appeal
Dear Mr. Hacker:
A second neighborhood meeting was held on Wednesday,
December 2, 1987 at 6:00 p.m. , relating to the application of
Extra Space Association for Variances at 441-445 Highland Ave. ,
Salem, Massachusetts. In attendance was myself and the following
abutters:
Mr. & Mrs. Ralph Morris, 1 Clark Ave.
Mr. & Mrs. Rudolph Growitz, 2 Clark Ave.
Mr. & Mrs. Marvin Dollins, 6 Clark St.
Also present were representatives of the developer and the
developers attorney.
The following items were discussed: Noise levels and hours
of operation.
The neighbors and abutters expressed concerns for noise levels and
the developer stated that all doors were spring loaded, manually operated
metal garage doors. The neighbors and abutters were opposed to Sunday
hours of operation. The develper proposed hours of operation from 7:00 a.m.
to 7:30 p.m. , 7 days a week and with respect to the rear of the project,
that abuts the neighborhood, the developer offered to close off this section
from 6:00 p.m. Saturday to 7:00 a.m. Monday. Some of the neighbors and
abutters were opposed to this condition.
I hope this information will elp in your deliberation.
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LOT 122 LOT 121 LOT 120
LOCUS MAP LOT 124 FIORE, NICHOLAS P., JR. GROWITZ, RUDOLPH FIORE, NICHOLAS P., JR.
LAZARIS, STELLA
238.74
249.76
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C.B.
LOT 129
:•;•,•; FIORE, NICHOLAS P., JR.
FIRE GATE R.V. PARKING AREA C.B.
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(GRAVEL)
3 STORY BUILDING '
125.70 265 ' X 75'
35.00 rn
M.H. o •.-
C.B. CONTROL GATE
C.BIt
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LOT 125 0 X LOT 128
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BOB'S FAMOUS FRIED CLAMS INC. RWB REALTY TRUST
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ONE STORY BUILDING H Wit-
LL. X
z85'X 40' o
ZONING REQUIREMENTS (B-2) CM
REQUIRED PROPOSED C.B. 35.00
FRONT SETBACK 30 30.16
M.H. C.B.
SIDE SETBACK 10 28.63 •�
0 3
REAR SETBACK 30 30.00 ' ' ' M
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. . . •.•. . . .•. .•.•.•. - • ••••••••,•,
MAXIMUM HEIGHT 30 29.00 . . . . . .
31.61 •
71 . 28 250.00
LDT COVERAGE 1 257 1 39.25%
C.B.
EXIST 3 "'
HIGHLAND AVE S s SEWER s s
w w WATER w w
LOT 04
HIGHLAND AVENUE SHOPPING CENTER PROPOSED STORAGE FACILITY
HIGHLAND AVE. SALEM MA
SCALE: 1 =200 anar R.VOCI -
DAWI 7/27 8 PrieovEIREmsED 11 19 8 "
NEW ENGLAND CONSTRUCTION MANAGEMENT
GROUP INC. BROCKTON, MASS. 02402
WNERI EXTRA SPACE ASSOCIATES NUMBER
55 WHEELER ST, "