BOA_373_HIGHLAND_AVE (STAMPED AND CLERK SIGNED) �OIIfUIr
' CITY OF SALEM, MASSACHUSETTS
j �
` BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 0
TEL:978-619-5685
KIMBERLEY DRISCOLL Cn`-, CY
MAYOR
CO
December 20, 2021 r
x
Decision o
City of Salem Board of Appeals
�o
The petition of BERMAN PROPERTIES LLC for the following variances to allow construction of a new
facility for Tropical Products,an existing Salem business,to relocate to support the company's growing
needs:Variance from Section 4.L 1 Dimensional mquiriements of maximum lot coverage by all buildings in
the B2 Zoning District(25%required/+,-60%proposed);variance from Section 8.3.9 I BuffierZone in
the BPD Zoning District 75 feet required,and 15 feet proposed;and variance from Section 8.2.3.1 Curb
Cuts for two curb cuts greater than 24 feet for commercial uses.Two curb cuts are proposed-one for 42.5
feet and the second 58.4 feet.The site is comprised of the following parcels in the BPD Zoning District:373
Highland Avenue (Map 7,Lot 58),5 Cedar Road (Map 7,Lot 48),and 10 Cedar Road (Map 7,Lot 55);and
the following parcels in the B2 Zoning District: 355 Highland Avenue(Map 7,Lot 46),2 Cedar Road(Map 7,
Lot 57), 3 Cedar Road(Map 7,Lot 47),and 6 Cedar Road(Map 7,Lot 56)
A public hearing on the above Petition was opened on December 15,2021.The public hearing was also closed
on December 15,2021.
On December 15,2021,the following members of the Salem Board of Appeals were present:Peter Copelas,
Mike Duffy(chair),Rosa Ordaz and Steven Smalley
The petitioner seeks variances per Section 4.1.1 Dimensional requirements of maximum lot coverage. A variance
from Section 8.3.9.1 Buffer Zone and a variance from Section 8.2.3.1 Curb Cuts.
Statements of Fact:
The petition is date stamped October 27,2021. The petitioner has requested variances per 4.1.1 Dimensional
requirements of maximum lot coverage. A variance from Section 8.3.9.1 Buffer Zone and a variance from Section
8.2.3.1 Curb Cuts.
1. 373 Highland Avenue is owned by K.R. Starr Realty Holding,LLC.
2. The Petitioner is Berman Properties,LLC.
3. The Petitioner is represented by Attorney Joseph Correnti of Correnti&Darling LLP
4. 373 Highland Avenue is located in two different zoning districts. The BPD (Business
Park Development) zoning district and the B2 (Business Highway) Zoning District.
5. The requested relief,if granted,would allow the Petitioner to construct a new 70,000
square foot warehouse facility at 373 Highland Avenue.
6. On December 15, 2021,Attorney Correnti presented the Petition for 373 Highland
Avenue to the Board.
7. 373 Highland Avenue is currently an undeveloped lot of land. The relief would allow for
the proposed warehouse to be constructed with approximately sixty(60%) percent of the
lot to be covered where twenty five percent (25%) is required.
8. Also,the granted relief would allow for a buffer from a residential use of seventy five
(75) feet to be fifteen feet(15).
9. Granted relief would also allow to have curb cuts of forty-two and a half feet(42.5)
where twenty-four(24) feet is required.
10. The lot at 373 Highland Avenue is unique due to its sitting across different zones and
requirements for the single parcel. The lot is part of the Entrance Corridor Overlay
District,Business Highway District and the Business Park District.
11. Attorney Corrend points out that if the proposed building was in the Business Park
District,they would not be needing the proposed relief. The relief is needed because the
lot is split by different zoning districts and requirements.
12. Paula Thompson, architect, spoke to the requested relief for the curb cuts and buffer
zones. The required seventy-five (75) feet splits through the proposed parking lot of the
site. There is one residence next to the lot that is requiring the variance from the
seventy-five (75) feet for the buffer zone. Due to the parking requirements for the lot
they need circulation around the building for the truck traffic. The main driveway and
required parking is within that buffer zone.
13. The proposal for the buffer is fifteen (15) feet that widens from the west side and then
increases again as it goes towards the east side of the proposed parking lot. Ms.
Thompson proposes evergreen trees to help with the buffering from the abutting
residence.Also,within the seventy-five (75) feet buffer zone are more proposed
plantings for deciduous trees.
14. Ms. Thompson spoke about how the lot is on a state highway which will require them to
be in contact with Massachusetts Department of Transportation (MassDoT) to get
approval for the proposed curb cuts. MassDoT requires for a commercial property, a
thirty(30) foot wide driveway. The reason the relief is forty-two and half(42.5) feet is
because the petitioner wants to make sure that their sixty (60) foot tractor trailer can
safely turn from the right lane of traffic. These curb cuts will also be under review from
MassDoT.
15. Chair Duffy inquired whether there was a sidewalk adjacent to the property. Ms.
Thompson stated there was a sidewalk and they will be reconstructing the sidewalk with
guidance and approval from MassDoT.
16. Mr. Berman addressed the board and thanked them for hearing the petition.
17. Peter Copelas addressed the statement of hardship in the petition. He felt that it didn't
address the need for a variance.
18. Attorney Corrend addressed the statement of hardship to make it clearer for the board.
He spoke to the multiple lots and their requirements.The topography of the lot starts
out at grade from Highland Avenue and then drops precipitously to the rear of the lot.
There will be a significant amount of blasting and removal of ledge to complete the
project. These are the conditions that present the hardship.
19. Ms.Thompson spoke about the unique topography of the site. She spoke about how
the property has a twenty-two (22) feet of elevation change from the front of the
property to the rear of the property. The drop is across where the building will be. The
building will need a flat floor which will require a large amount of engineering to make it
2
possible due to the topography of the site. They are trying to use the topography to their
advantage by having the loading dock on the low side of the property. However,there
are challenges in trying to get the driveways to come around the property at the back of
the site.
20. Another challenge is having to remove Cedar Road and reroute it towards the front of
the site.
21. Chair Duffy asked about the statement of hardship where there will need to be some soil
remediation due to contamination of the site.
22. Ms.Thompson spoke how they have been working with an environmental engineering
company,Vertex,to clean up the site.
23. There were two (2) public comments.
24. Attorney Correnti made clear that they are going to be taking utilities from Highland
Avenue and not from utilities connected to Cedar Road.
25. Chair closed the public comments and the board made a motion on the petition.
26. 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.
30A, §18,and the Governor's March 15,2020 Order imposing strict limitations on the
number of people that may gather in one place,the December 15,2021 meeting of the
Board of Appeals was held remotely,via the online platform Zoom.
Variance 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 to the neighborhood:
1. Social, economic, or community needs were served by adding a local business
opportunity to grow their business in this area. This is good for the city.
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.
4. Impacts on the natural environment, including drainage: Will be working with
engineers to minimalize the impacts on the environment.
5. Neighborhood character:The project will be in keeping with and improving the city's
businesses.
6. Potential fiscal impact,including impact on City tax base and employment. There will
a large increase in jobs for Salem.
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted four(4)in
favor(Steven Smalley,Peter Copelas,Rosa Ordaz and Mike Duffy(chair)) and none(0) opposed to grant
3
BERMAN PROPERTIES,LLC variances per Section 4.1.1 Dimensional requirements of maximum lot coverage.
A variance from Section 8.3.9.1 Buffer Zone and a variance from Section 8.2.3.1 Curb Cuts.
Receiving four(4) in favor votes,the petition for the variances 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. A Certificate of Occupancy is to be obtained.
5. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to,the Planning Board.
7. 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.
Date FEB n e 21199
1 hereby certify that 20 days have
expired from the date this instrument
was received, and that NO APPEAL Mike Duffy,Chair
has been file in this office. Board of Appeals
A True Copy
ATTEST. CITY CLERK, Salem, Mass.
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 40A,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 40A, 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.
4