DECISION (CITY CLERK STAMPED_SIGNED) CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL-978-619-5685 0
KIMBERLEY DRISCOLL r13
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MAYOR f^1 :
March 28, 2022
Decision
City of Salem Board of Appeals
The petition of CARGILL STORAGE SYSTEMS, LLC at 53-59 MASON STREET(Map
26, Lot go) (NRCC Zoning District),for a Special Permit per Section 3.3.2
Nonconforming Uses of the Salem Zoning for the purpose of having indoor year-round
and seasonal storage of boats,classic automobiles and recreational vehicles.
A public hearing on the above petition was opened on March 16, 2022 and was closed on
March 16, 2022.
On March 16, 2022,the following members of the Salem Board of Appeals were present:
Mike Duffy(chair), Rosa Ordaz, Carly McClain, Paul Viccica, Peter Copelas and Steven
Smalley.
The petitioner seeks a Special Permit per Section 3.3.2 Nonconforming Uses of the Salem
Zoning Ordinance for the purpose of having indoor,year-round and seasonal storage of
boats, classic automobiles and recreational vehicles.
Statements of Fact:
The petition is date stamped January 25,2022. The petitioner has requested a Special Permit
per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance for the purpose
of having indoor,year-round and seasonal storage of boats, classic automobiles and
recreational vehicles.
1• 53-59 Mason Street is owned by 53-59 Mason St, LLC.
2. The Petitioner is Cargill Storage Systems, LLC.
3. Cargill Storage Systems, LLC was represented by Attorney Scott Grover.
4. 53-59 Mason Street is located in the NRCC zoning district. (Map 26, Lot go)
5. The requested relief, if granted,would allow the Petitioner to change from one
nonconforming use to another nonconforming use for indoor storage.
6. On March 16, 2022,Attorney Scott Grover presented the petition for 53-59
Mason Street to the Board.
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7. 53-59 Mason Street is currently an industrial and commercial building in the
North River Canal Corridor Zoning District. The building at 53-59 Mason
Street was constructed before the North River Canal Corridor was created for
the zoning ordinance. There is a number or commercial businesses that
operate at the property at 53-59 Mason Street.
8. The applicant is looking to lease approximately 14,000 square feet of space in
the property for year-round and seasonal indoor storage of classic
automobiles, recreational vehicles and boats.
9. There will be no storage of any kind outside of the building. There will be no
maintenance or repair work conducted on site and no exterior changes to the
building. This would be a special permit for indoor storage only which would
be an extension of a non-conforming use for this property.
10. The petitioner intends to only use the Commercial Street entrance for the
drop off of vehicles and boats. This is because the Mason Street entrance
would not provide adequate space for trailers to turn into the property.
11. Paul Viccica asked the petitioner to show on the plot plan where the actual
location would be for entering the property and where the drop off of vehicles
would be located.
12. Rosa Ordaz inquired about what hours would the business be in operation for
the drop off and pick up vehicles or boats. The hours of operation will be from
8 a.m.to 6 p.m.
13. Attorney Grover reiterated that this would be seasonal storage. There will be
months where there is not a lot of coming and going from the property.
14. Chair Duffy opened the meeting up to public comment. There were none.
15. Due to the ongoing COVID-19 pandemic and related precautions and
Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the
Open Meeting Law, G.L. C. 3oA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the March 16, 2022 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more
detrimental than the existing nonconforming use to the neighborhood and that the
adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood:
1. Social, economic, or community needs were served by this petition.
2. Traffic flow and safety, including parking and loading: there will no impact
on traffic or parking.
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
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4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character:The project will not have a negative impact on the
residential neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment.
There will be a positive fiscal impact on the city or its tax base.
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted six
(6)in favor(Rosa Ordaz,Mike Duffy(chair), Carly McClain,Paul Viccica,Peter Copelas and
Steven Smalley)and none(o)opposed to grant CARGILL STORAGE SYSTEMS, LLC at 53-
59 MASON STREET a Special Permit per Section 3.3.2 Nonconforming Uses of the
Salem Zoning for the purpose of having indoor year-round and seasonal storage of
boats, classic automobiles and recreational vehicles.
Receiving five (6) in favor votes, the petition for a special permit is
approved.
Standard Conditions:
1. Petitioner shall comply with all city and state statutes,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. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction
including,but not limited to,the Planning Board.
8. All construction shall be done per the plans and dimensions submitted to and approved by
this Board.Any modification to the plans and dimensions must be approved by the Board of
Appeals unless such changes are deemed a minor field change by the Building Commissioner
in consultation with the Chair of the Board of Appeals.
Special Conditions:
1. There will be no outside storage of any kind outside of the property.
2. Deliveries will only occur from the Commercial Street entrance
3. The hours of operation will be from 8 a.m.to 6 p.m.
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Date APR 19 2022
1 hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL
has been filed in this office. ,
A True Copy
ATTEST CITY CLERK,Salem, Mass.
r
Mike Duffy, hair
Board of Appeals
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 17 of the
Massachusetts General Laws Chapter 4oA, and shall be filed within 20 days of filing
of this decision in the office of the City Clerk. Pursuant to the Massachusetts General
Laws Chapter 4oA, Section 11,the Variance or Special Permit granted herein shall not
take effect until a copy of the decision bearing the certificate of the City Clerk has been
filed with the Essex South Registry of Deeds.
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