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Decision For The Petition Of Herbert and Florence Mackey For A
Waiver From Frontage At 230 Canal Street
A Public Hearing on this petition was held on November 2, 2000, with the following Board
members present: Walter B. Power, III, Chairman; Gene Collins; David Weiner; John
Moustakis; Bill Luster and William Cullen. Notice of this meeting was sent to abutters and
notice of the hearing was properly published in the Salem Evening News.
Petitioner, owner of the property, is requesting a waiver from frontage requirements from the
Subdivision Regulations and under MGL Chapter 41, Section 81R, to allow the property located
at 230 Canal Street to be subdivided to create two lots. This section states that "A Planning
Board may in any particular case, where such action is in the public interest and not inconsistent
with the intent and purpose of the subdivision control law,waive strict compliance with its rules
and regulations, and with frontage or access requirements specified in the law...."
The waiver from frontage is being granted for the property located at 230 Canal Street upon the
findings by the Board that:
1. Special circumstances exist which are especially affect the land and structures involved and
which are not generally affecting other land and structures involved;
2. Literal enforcement of the provisions of the Regulations would involve substantial hardship,
financial or otherwise, to the petitioner;
3. Petitioner shall comply with all conditions of the Board of Appeals Decision granted on
October 18, 2000: and
Therefore, the Planning Board voted by a vote of six in favor, none opposed, to grant the waiver
from frontage requirements for 230 Canal Street.
This endorsement shall not take effect until a copy of the decision bearing certification of the
City Clerk that twenty (20) days have elapsed and no appeal has been filed or that if such appeal
has been filed that it has been dismissed or denied, is recorded in the Essex South Registry of
Deeds and is indexed in the grantor index under the name of the owner of record or is recorded
One Salem Green, Salem, Massachusetts 01970 (978) 745-9595 ext.311 Fax (978) 740-0404
230 Canal Street Decision
November 2,2000-2
and noted on the owner's certificate of title. The owner or applicant shall pay the fee for
recording or registering.
I hereby certify that a copy of this decision is on file with the City Clerk and that a copy of the
Decision and plans is on file with the Planning Board.
i
Walter B Power, III C
Chairman