boa_96_swampscott_rd_stamped_decision 3_16_2018 CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL .
�Q
120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 A0.
lf
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 C'T Y CLERK
MAYOR L Eplr fj p SS
March 16, 2018 �i
Decision
City of Salem Board of Appeals
Petition of JACQUELINES GOURMET COOKIES requesting Variances per Sec. 3.2.4 Accessory Buildings and
Structures, of the Salem Zoning Ordinance, to allow the petitioner to construct three (3) silos within the
minimum allowed distance from the building and exceed the maximum height requirement at 96
SWAMPSCOTT ROAD (Map 7 Lot 70)(BPD Zoning District).
A public hearing on the above Petition was opened on February 28, 2018 pursuant to M.G.L Ch. 40A, § 11
and was closed on that date with the following Salem Board of Appeals members present: Rebecca Curran
(Chair),Peter A. Copelas,Jimmy Tsitsinos,Mike Duffy and Jim Hacker.
The petitioner is seeking Variances per Sec. 3.2.4 Accessory Buildings and Structures, of the Salem Zoning
Ordinance, to allow the petitioner to construct up to three (3) silos within the minimum allowed distance
from the building and exceed the maximum height requirement.
Statements of fact:
1. In the petition date-stamped January 30, 2018, the Petitioner requested Variances per Sec. 3.2.4
Accessory Buildings and Structures, of the Salem Zoning Ordinance, to allow the petitioner to
construct up to three (3) silos within the minimum allowed distance from the building and exceed the
maximum height requirements.
2. Attorney Joseph Correnti presented the petition.
3. The property is located in the Business Park Development Zoning District. The petitioner is
proposing up to three (3) new silos within six (6") inches from the building and fifty-seven (57') feet
in height. The Zoning Ordinance allows a minimum distance of ten (10') feet from a building to an
accessory structure and a height limit of eighteen (18� feet.
4. The petitioner stated that the silos will allow the company more flexibility with flour deliveries and
help support purchasing and operations.
5. There are existing silos that are approximately twenty-four (24) feet tall, the nitrogen silo is about
forty (40') feet and the side of the building is about thirty-tree (33') feet in height.
6. The blowers that are on the existing silos produce about eight(8) PSI pressure to move the flour from
the silos to the interior of the building. Any additional distance between the proposed silos and
building would require additional pressure and a larger silos and noisier blowers to function. Further,
if the ten (10') foot requirement were literally enforced, the company would have to blow flour
through tubing across the existing parking lot,which is impracticable.
7. The requested relief,if granted,would allow the petitioner to construct up to three (3) silos within the
minimum allowed distance from the building and exceed the maximum height requirement.
City of Salem Board of Appeals
March 16,2018
Project:96 Swampscott Rd.
Page 2 of 3
8. At the public hearing, one (1) member of the public spoke in opposition to the application.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition, including the application narrative and plans, makes the
following findings:
1. There are special conditions and circumstances that especially affect the land, building, or structure
involved, generally not affecting other lands, buildings or structures in the same district because the
silo size and location is unique and necessary for the operation of the standard equipment required for
this business.
2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant as the equipment that is necessary for the operation of the business would not be able to
function if the ten (10') and eighteen (18� foot requirements were literally enforced.
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
and would benefit the City and an existing Salem business.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)
(Rebecca Curran (Chair), Peter A. Copelas,Jimmy Tsitsinos, Mike Duffy and Jim Hacker) in favor and none
(o) opposed, to allow the petitioner to construct up to three (3) silos within the minimum allowed distance
from the building and exceed the maximum height requirement subject to the following terms, conditions
and safeguards:
Standard:
1. Petitioner shall comply with all city and state statues, ordinances,codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection is to be obtained.
7. A Certificate of Occupancy is to be obtained.
8. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display
said number so as to be visible from the street.
9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to the Planning Board.
Rebecca Curran, Chair /
Board of Appeals
City of Salem Board of Appeals
March 16,2018
Project:96 Swampscott Rd.
Page 3 of 3
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
,4ppeal from this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A,and shall be filed nithin 20
days of fzhng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A,Section 11, the Variance or
Special Permitgranted herein shall not take effect until a copy of the decdsdon bearing the certiificate of the City Clerk has been filed with the Essex South
Registry of Deeds.