Enon Enterprises - Decision
Decision on Petition for a Variance
Requested by Enon Enterprises by agent Jeffrey S. Pechulis
A public meeting of the Zoning Board of Appeals (the “Board”) was held on
Tuesday June 25, 2002 at 7:00 p.m. at Beverly City Hall, 191 Cabot Street, Beverly,
Massachusetts. The agenda included a petition of Enon Enterprises by agent Jeffrey S.
Pechulis for a request of a variance to install an awning with 23-inch height letters where
6-inch letters are allowed. Also, to install a gas price sign greater than 15 square feet,
and to illuminate the gas price sign, regarding property at 44 Dodge Street (the “Parcel”).
The property is located at in a CG Zoning District.
The Public Hearing on this petition opened on May 28, 2002 and was continued
to June 25, 2002. On both dates, the hearing was called to order by the Chairman, Scott
D. Houseman and the following five members of the Board were present: full members
Scott D. Houseman, Scott Ferguson, Margaret O’Brien, Andrea Fish and Mark Schmidt.
Alternate members John Colucci and Jane Brusca were in attendance on both dates,
alternate member Joel Margolis was present in May; none of them voted on this decision.
The public hearing on this application started with the Zoning Clerk, Diane
Rogers, reading the application request to the public and the Board members reviewing
the application material.
At both the May and June meetings, Mr. Jeff Pechulis of J.S. Pechulis Land
Development Services, Inc./Land Development Services, spoke on behalf of Enon
Enterprises. At the May meeting Mr. Pechulis commented that the property being
redeveloped is approximately 16,900 square feet. A 25 foot portion of the parcel is
designated to the north of the property as a right-of-way easement for use as a common
driveway for access to parcels to the rear and to the north of the property. The building
will contain two new businesses, Dunkin Donuts and Fast Freddie’s convenience store.
The gas station will be open all night and the request includes illuminating the gas prices
along with the Dunkin Donuts graphics. He added that the price signs are critical to the
success of the business as they must be clear and legible in order for travelers to notice
and read them, and make a decision prior to passing the site.
Chairman Houseman asked if there was anyone from the public who would like to
comment on the petition. At the May meeting, Ms. Zocco, owner of China Jade at 44
Rear Dodge Street asked the petitioner about snow removal and commented that the
canopy signs would block the restaurant’s signs. Mr. Pechulis responded that the site has
an area for storing plowed snow.
Kent Zeilon of 18 Devon Avenue stated that public safety is an issue. He
compared the new station to the old station, which had a building placed in the center of
the lot and had an entrance and exit. The new building is placed further toward the right,
there is only one driveway, and the pumps are very close to the property line. He also
commented that he thought that lines of vehicles waiting for gas might extend into the
right-of-way during busy periods.
Chairman Houseman summarized three concerns at the May meeting: public
safety, snow removal, and a canopy blocking China Jade’s signs. He asked if the project
changes or affects the 25-foot easement. Mr. Pechulis stated that it did not and that the
proposal would not be detrimental to the neighborhood.
At the May meeting, the members had the following comments and questions
regarding the petition. Mr. Ferguson asked about curb cuts and easements. Mr. Pechulis
stated that the closest pump is ten 10 feet to 12 feet from the southern side of the
easement. Mr. Schmidt asked if the easement was owned by the gas station and if Mr.
Pechulis knew the terms and conditions of the easement. Mr. Pechulis confirmed that the
easement was owned by the gas station although he did not know its terms and
conditions. Mr. Schmidt stated that the Dunkin Donuts drive-thru would use the
easement. He contemplated that there would be more intense use and traffic than the
former Texaco station had. Mr. Schmidt also stated that the configuration of the pumps
would have fewer traffic lanes than the former station and that the proposed canopy has,
to some extent, a negative impact on the visibility of China Jade from Dodge Street. He
asked Mr. Pechulis what Enon Enterprises might do to ameliorate the damages inflicted
upon China Jade. Mr. Pechulis could not answer the question at that time.
Ms. O’Brien noted the late hour and that more time would be needed for the board
to discuss this application and for the applicant to seek a resolution with China Jade. Mr.
Ferguson made a motion, seconded by Ms. Fish, to postpone the hearing until the June
25, 2002 hearing. The motion carried 5-0.
Prior to the June meeting, Mr. Pechulis submitted a letter to the Clerk of the
Board requesting that the variance request be withdrawn without prejudice. At the June
meeting Chairman Houseman read the letter into the record and noted that if the
withdrawal request were to be allowed, the sign would only have elements that are
allowed by right. Ms. Fish asked if there had been any resolution with China Jade as to
the gas station’s canopy blocking the restaurant’s visibility. Mr. Pechulis stated that no
resolution was reached and that the sign would include only what is allowed by right.
Mr. Scmidt reiterated his concerns that damages to abutting businesses should be
ameliorated. Mr. Ferguson asked if any effort was made to address issues with China
Jade. Mr. Pechulis stated that he had tried, however he could not report any success.
At the June meeting, when Chairman Houseman asked if there was anyone from
the public who would like to comment on the petition, Mr. Kent Zeilon from 18 Devon
Avenue asked if Mr. Pechulis had the right-of-way ownership documents. Mr. Pechulis
indicated that he did not. Mr. Houseman interjected that Mr. Pechulis is requesting to
withdraw without prejudice.
Mr. Schmidt made a motion both to incorporate the Board’s observations as
findings about the proposed signage and to grant the variance application as presented,
seconded by Mr. Ferguson,. The motion did not carry 0-5. The petition was DENIED.
Appeals from the Board’s decision on this petition may be filed in accordance
with the provisions of M.G.L. Chapter 40A, Section 17, within twenty (20) days of filing
of this decision with the City Clerk. This decision shall not be valid unless recorded at
the Essex County Registry of Deeds in Salem, Massachusetts after the twenty-day appeal
period has passed without an appeal being filed.
Respectfully,
Scott D. Houseman
Zoning Board Chairman