488 HIGHLAND AVENUE - LION, CAMP - ZBA 488 Highland Ave, BPD _
Camp Lion (owner)
_Cellular One (Petitioner)
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DECISION ON THE PETITION OF CELLULAR ONE (PETITIONERS) , CAMP
LION (OWNERS) FOR VARIANCES AT 488 HIGHLAND AVE. (BPD) cmc
A hearing on this petition was held October 18, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonic, Luzinski
and Associate Member 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 to allow construction and operation of
a communication facility and tower in this Business Park Development District.
The property is owned by Camp Lion, Inc.
A petition to allow construction of a 190 foot tower was denied by the Board
of Appeal February 15, 1989• The Board of Appeal, after hearing evidence as
to there being substantial change; said change being, the proposed tower has
been moved more than four hundred feet from previous site, the height of the
tower being reduced to one hundred seventy feet from the original request of
one hundred ninety feet; and, after receiving Consent from the City of Salem
Planning Board, voted 4-1 (Mr. Bencal opposed) that there was a substantial
change and the Board would hear the petition.
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 t.^.e
'and, 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 petitioners;
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 . There was substantial change in the location and 'height of the tower.
2. The use is compatible with other business uses in the area.
3. The facility would be beneficial to the Fire and Police Departments.
4. No one appeared in opposition. The Ward Councillor appeared in favor.
.I
DECISION ON THE PETITION OF CELLULAR ONE (PETITIONER;:) , (,-AMP LION (OWNERS)
FOR VARIANCES AT 488 HIGHLAND AVENUE, SALEM
page two
On the basis of the above findings of fact, and on the hvidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally.
2. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioner.
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 4-1 (Mr. Bencal opposed) to grant
the variances requested, subject to the following conditions:
1 . Location of the tower be as per the plans submitted 10/18/89•
2. Tower be no higher than 170 feet from ground level.
3. A ten foot fence of fine mesh chain link similar to the fencing used
by the MBTA on Canal St. in Salem. Said fence is not to be made of
Zinc Oxide.
4. All requirements of the Salem Fire Department are to be strictly
adhered to.
5. All construction is to be in accordance with city and state codes.
6. There will be no signs.
7 . The tower is to be painted a non-glare finish and that finish is to
be maintained in perpetuity.
GRANTED
James M. Fleming, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
eal from this Cocsicn, if cny, shall be made Pu'suirt to Section 17 of
Y--.e Wa=s. G:ncrol L.1v 7. Ch=pier '.08, and salla be flied '+:f:hin _0 '7s
. ,er Ire date of filfnp of t:iis dre:,io:i 'n the rii:ce m the c,ty Crane.
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is recorded and noted on the owner's Ceriificate or Title.
BOARD OF APPEAL
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September 12, 1989
James Fleming
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Mr. Fleming:
On September 7, 1989, in accordance with Chapter 40A, Section 16 of
the Massachusetts General Laws, the Planning Board reviewed the petition
of Cellular One regarding their petition for a Variance to construct a
communication facility and tower at 488 Highland Avenue, which was
denied by the Board of Appeal on February 15, 1989.
As required by State law for this petition to be resubmitted to the
Board of Appeal within two (2) years of unfavorable action by the Board
of Appeal, the Planning Board agrees that specific and material changes
have been made to the petition.
Sincerely,
Walter B. Power, III
Chairman
r434
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EXHIBIT A
The undersigned petitioner requests that this Board grant a
variance to permit the construction of a communications facility
and tower on property owned by Camp Lion, Inc. , at 488 Highland
Avenue. A previous request having been denied the petitioner is
seeking a determination of substantial change in this new filing
and then a request for a variance as above described.
The petitioner has changed the planned previous location by
relocating the installation some 400 feet northwesterly from the
original site and by reducing the height of the tower from 190 feet
to 170 feet. The changed location is further away from Highland
Avenue and further removed from any residences. The reduced height
in this new location further reduces the visibility.
The BPD Zone was created to permit various business and
commercial uses. The communications industry is well known and its
requirements for signal transmission are also well known.
The cellular systems are in use everywhere and in order to
properly service customers in the area, this installation is
necessary. The service, while servicing private customers, also
provides service for police, fire, ambulance, medical, and other
community functions enabling those functions to operate more
effectively by providing proprietary, on-the-spot communication.
The facility, as shown on the attached plan, is relatively
uncomplicated. It does not require a great deal of traffic to and
from the installation. It becomes a passive occupant of the land.
It is submitted that the variance can be granted as not being
against the public interest, master plan or in detriment of the
underlying ordinance which contemplates business uses. The
underlying topograph with its changes in elevation and ledge
cropping creates a hardship associated with the land which makes
it difficult to develop without relief from the Board.
The petitioner respectfully requests a variance to permit
construction of a communications facility and tower as shown on the
attached plan.
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September 12, 1989
James Fleming
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Mr. Fleming:
On September 7, 1989, in accordance with Chapter 40A, Section 16 of
the Massachusetts General Laws, the Planning Board reviewed the petition
of Cellular One regarding their petition for a Variance to construct a
communication facility and tower at 488 Highland Avenue, which was
denied by the Board of Appeal on February 15, 1989.
As required by State law for this petition to be resubmitted to the
Board of Appeal within two (2) years of unfavorable action by the Board
of Appeal , the Planning Board agrees that specific and material changes
have been made to the petition. _
Sincerely,
Walter B. Power, III
Chairman
r434
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DECISION ON THE PETITION OF CELLULAR ONE FOR A VARIANCE
AT 488 HIGHLAND AVENUE (BPD) Camp Lion Inc. (owner)
A hearing on this petition was held February 15, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting
and Strout. 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.
The petition seeks a Variance to allow the construction cf a 190 foot high
radio tower for celluar telephone service. The locus of the petiiton is in a
Business Park Development District (BPD) and is owned by Camp Lion, Inc.
The Variance which has 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 . Petitioner, Cellular One, offered no proof of standing to present the
petition to the Board of Appeal.
2. A previous Variance granted to the locus prohibits any radio tower
on the property.
3. The Ward Councillor, Leonard O'Leary, spoke against granting the Variance,
expressing concerns for the safety of local residents, especially children
who might attempt to climb the unattended tower.
4. A tower of the height requested, 190 feet, would dominate the area, which is
mostly residential.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief requested cannot be granted without substantial detriment to the
public good or without nullifying or substantially derogating from the intent
of the district or the purpose of the Ordinance.
2. The petitioner has no standing to present the petition to the Board.
DECISION ON THE PETITION OF CELLULAR ONE (PETITIONER) FOR A VARIANCE
AT 488 HIGHLAND AVE. , SALEM Camp Lion Inc. (owner)
page two
Therefore, the Zoning Board of Appeal voted one in favor (Mr. Luzinski) and
four in opposition to the granting of the requested variance. The petition,
having failed to gain four (4) affirmative votes is therefore denied.
VARIANCE DENIED
,'James M. Fleming, Esq.;
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 11 OF T'IE
GENERAL LAWS. CHAPTER 808. AND SHALL CE FILED WITHIN 20 DAYS AFTER THE DATE OF RLI:!.:
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PdR°ANI TO ',W%SS. C2»,RAL IAW3. CHAPTER 808. S Z I..N 11. THE VARIANCE 0^ :°CrVd
eRANTED HEREIN. SHALL N71 FA,:E EFFECT UNTIL A COPY OF THE�):CISI'•'L Cc�.i?;:Y." 1H- .,
FIGATION OF THE CrY CLERK IHAF 20 DAYS HAVE ELRF':`.D .;,0 N'J APPEAL HAS BEEN FI'_EG,
..^R THAT. IF SUCH AN APPHU, HAS DE:N FRE. THAT IT H;..i b'ZN DI$n:ISSED OR DENIED IS
P.EC(iRDEO IN THE SOJTH ESSEX FIEGISTRY OF OLEOS AND :NDE%ED UNDER THE NAME OF TOE
OF RECORD OR IS RECORDED AND MUTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL