175 FORT AVENUE - BUILDING INSPECTION 175 FORT AVENUE r
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DECISION ON-THE PETITION OF_LIN-BAZ ENTERPRISES, INC. FOR A
VARIANCE FOR y175 FORT AVENUE (B=_2)i
A hearing on this petition was held March 7, 1990 at with the following Board
Members present: James Fleming, Chairman, Messrs. , Bencal , Febonio, Luzinski
and Associate Member Dore. Notice of the hearing was sent to abutters and others
and notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the property, is requesting a Variance from density require-
ments to allow the construction of an addition to the front of Cappy's Fried Foods.
Property is located in a B-2 District.
The Variance which has been requested may be granted upon a finding by the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
land, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. 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.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The petitioner owns the only building at the Salem Willows whose place of
business is set back from the lot line of the property.
2. The addition would protect petitioners customers in inclement weather
conditions.
3. The addition would allow the petitioner to remain open later in the year.
4. There was no opposition to the petition.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but not
the district in general .
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
l
DECISION ON THE PETITION OF LIN-BAZ ENTERPRISES, INC. FOR
VARIANCE AT 175 FORT AVENUE, SALEM
page two -
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 of the purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . The petitioner comply with all the requirements of the Salem Fire
Department relative to fire safety.
2. All construction must comply with the requirements of the Massachusetts
Building Code.
3. All construction be done as per the plans and dimensions submitted to the
Board of Appeal , dated 1/9/90 and intitialed by the Chairman of the Board.
The General Notes on said plan are incorporated into and are part of this
decision.
VARIANCE GRANTED
chard A. Bencal , Vice Chairman
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 pu"uarnt to secdoll n 92
the Mass. General Laws, Chapter 808, and shall be filed within 20 day! {
after the date of filing of this decision in the office of the city
Clerk,
ance
Pursuant to Mass. General Laws, Chapter 808. Section 11,
or opecial Permit Granted herein shall not take effect until a copy of the
decision, bearinr, the certification of the City Clerk that 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 South Essex
Rgistry ofiserecorded and noted indexed undethe name
the owner' r
eeds and s certificate owner of record a
BOARD OF APPEAL