17 CANAL STREET - ZBA / Q �
17 CANAL STREET
ERITO REFRIGEATION, INCA/
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Ctv of tzlem, '3Httssadjusetts
' 4 Paurb of Appeal
DECEMBER 3, 1997
YOU ARE HEREBY NOTIFIED THAT AS OF DECEMBER 3, 1997 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN•THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF BRLTO REFRIGERATION R" E`NG TO A VARIANCE &
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 CANAL STREET.
4
PETITION GRANTED
BOARD /APPEAL
SALLY C. MURTAGH
CLERK OF THE BOARD
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
MGL Chapter 40A, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk. Pursuant to MGL Chapter
40A. , Section 11, the Variance/Special Permit granted herein shall not take
effect until a copy of the decision bearing 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 Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of
title.
Board of Appeal
I
of $Ulem, peal
� Elttssttcljusefts
3
M '
r Ty 01' SALF1?.
CLERK MASS
S OFFICE
DECISION ON THE PETITION OF BRITO REFRIGERATION, INC REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 17 CANAL STREET (B-5)
A hearing on this petition was held November 19,1997 with the following
Board Members present: Gary Barrett; Chairman, Nina Cohen, Albert Hill,
and Richard Dionne. 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, is requesting a Variance for use of a portion of the premises
for ice manufacturing,wholesale ice storage, sales & storage of
refrigeration equipment & a Special Permit to allow (2) temporary
structures for a period of one year for the property located at 17 Canal St
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section .5-3(j ) , which provides as follows :
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City's
inhabitants.
The Variances which have been requested may be granted upon a finding of
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 lands, buildings or 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.
7
DECISION OF THE PETITION OF BRITO REFRIGERATION REQUESTING A SPECIAL PERMIT
AND VARIANCE FOR THE PROPERTY LOCATED AT 17 CANAL STREET, SALEM
page two
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,
and after viewing the plans, makes the following findings of fact:
1. Petitioner, Brito Refrigeration, Inc. and the owner of the property,
Peabody ventures, Inc. were represented at the hearing by Attorney
George W. Atkins of Salem.
2. The subject property is located in a B5 Central Business District
zone, and the use of refrigeration and manufacturing of ice is not
allowed in said zone.
3. Tn 1991, the Zoning Board of Appeal allowed a variance to permit the
use of wholesale meat distribution and sales at the subject property
in the same area of the building to be used for the proposed new
business.
4 . All equipment of the business operation to be conducted by the petition
will be located inside the building at the subject property.
5. The neighboring area surrounding the subject property is zoned as B4
which permits the use of refrigeration and ice manufacturing of ice.
6. The petitioner has been an operating business in Salem for 12 years,
and employs four people.
7. The operating hours of the business will be S:OG a.m. to 6:00 p.m.
seven days a week.
S. There are 5 vehicles associated with the petitioner's business
operations which will be parked on the property.
9. It was represented that the petition had a met with neighbors to
d"i SCti55 the proposed Use of the property.
10. There was no opposition to the petition.
21. The subject property currently houses Big Fred's Roast Beef and
formerly was used for automobile sales,repairs and wholesale meat
sales.
12. Petitioner will require the use of two trailers for storage in the
side yard of the property for a maximum period of one year while doing
construction on the interior of the building.
13. Petitioner agreed to place any trash containers so as not to be
visible from the street.
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 do exist which especially affect the subject
property and not the district in general .
2. Literal enforcement of the provisions of the Ordinance woul3t
involve substantial hardship on the petitioner.
T:•y
S
m
DECISION OF THE PETITION OF BRITO REFRIGERATION, INC. REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT li CANAL STREET
page three
3. The relief requested can 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.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
Therefore, the Zoning Board of Appeal unanimously, 4-0 to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, codes
ordinances and regulations.
2. All construction shall be done as per the pians and dimensions
submitted and approved by the Zoning Officer.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain building permit prior to beginning any
construction.
5. A Certificate of Inspection shall be obtained.
6. Petitioner shall obtain proper street numbering from the City of Salem
Assessors office and shah display said number so as to be visible from
the street.
r'. Petitioner shall place any trash container/receptacle to be utilized
by the petitioner's business so as not to be visible from the street.
Variance & Special Permit Granted
November 19, 1991 Y�
&ZO& CSC
Gary Barrett, Chairman
Board of Appeal
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DECISION OF THE PETITION OF BRITO REFRIGERATION, INC. REQUESTING A
VARIANCE & SPECIAL PERMIT FOR THE PROPERTY LOCATED AT ii CANAL STREET
page four
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
MGL Chapter 40A, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk. Pursuant to MGL Chapter
40A, Section 11, the Variance or Special Permit granted herein shall not
take effect until a copy of the decision, bearing 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 Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner ' s Certificate of
Title.
Board of Appeal
W i
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mD
f
DATE OF HEARING
PETITIONER
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
JOSEPH YWU
NINA V. COHEnr
RICHARD DIONNE
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
PAUL VALASKATGIS
CONDITIONS: o
v
11/24/1997 15:29 5087448780 DOONAN GRAVES PAGE 01
RICHARD W. STAFFORD
ATTORNEY AT LAW
November 1, 1997
George Atkins,Esq.
59 Federal Street
Salem, Massachusetts 01970
Re: 17 Canal Street, Salem, MA. Application for Zoning Variance
Dear Any. Atkins,
This letter constitutes authorization to you,as attorney for Brito Refrigeration,
Inc., by Peabody Ventures, Inc.,11,the present owner of, and seller named in a Purchase
and Sale Agreement dated September 19, 1997, of 17 Canal Street,to prepare, file and
pursue a variance for the uses proposed by Brito Refrigeration,Inc. at 17 Canal Street,
Salem, MA. as set forth in said Purchase and Sale Agreement.
Peabody Ventures,Inc.,II
by its attorney,
ichard W. Staffor , Esq.
16 Front Street Salem., Massachusetts 01970
Telephone (978) 745-0931 • Facsimile (978) 741-9034
R
DATE:..................................... . ...... . .
APPEAL CASE NO.... ............. ..
s a
CITY OF SALEM, MASSACHUSETTS
TO THE BOARD OF APPEALS:
prospective purchaser
The Undersigned representsthat he is the/ of a certain parcel of land located
at No. 17 banal Street; Zoning District. .
B-5 ; and said Parcel is affected by Section(s) .5.2(a) ancJ
7-8 . . . . ; of the Salem Zoning Ordinance and:(IDzxBrxYiEaa (
wfxzhaxflssa�n6t�x�eCec}Budt�dd�c
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.l of the Zoning Ordinance.
n
Not Applicable v
C> L-
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The Application for Permit was denied by the Inspector of Buildings for tl og-'owing-
_
reasons: o t7
Not Applicable -- Direct Appeal y co -0
C.0 -i
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance antd{mFaxffhaxBntt3d#agx$m�dexxxtspea�nmc�odx� a
ag$R�xkxiChRxagtxomn5e:ocgc:47efc:hecbdcacx6t6ck0.dc, as the enforcement of said
Zoning By-Laws axi1c2=t1xdtxgcXkK1w would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for the
following reasons:
Petitioner requests a variance for use of a portion of the premises for ice
manufacturing; wholesale ice storage and distribution; and sale, service and
storage of refrigeration equipment.
Petitioner further requests allowance of two (2) temporary accessory structures
in the side yard for a maximum period of one (1) year. The structures shall be
8' x 8' x 20' storage containers for use as dead storage only, and shall not have
any form of operating motorized equipment attached.
Owner, ,Peabody.Ventures, .Inc.
X9:9:. . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
Petitioner , Brito.Refrigeration, Inc. ,
Address. , . 51 Canal St; ,,Salem= MA, 01970
Date ,10/24/97
Y torney e a kins, IIII.9I 6(978-744-0350)
Three copies of the application must be filed th me Sal retaryao�mtheAB ai9d70f
Appeals with a check, for advertising fn the amount of $ . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
DATE:.......................... ......_.. . ...... ... .
APPEAL CASE NO.... ............. ..
9'
qe � CITY OF SALEM, MASSACHUSETTS
TO THE BOARD OF APPEALS:
pprospectivepurchaser
The Undersigned representsthat he is a the/tea of a certain parcel of land located
at No. 17 gana} . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .
B-5 . . . . . . . . . ; and said Parcel is affected by Section(s) .5;2(a) ancj
. . , ,7. . . . . . . . . . . . . : of the Salem Zoning Ordinance aR%UVxxBAs:t:EAo:(w3
nfX1 Bitat*xZutldxWmwiBod®c.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance. _
"r Pv
i
Not Applicable
r
T 3:
-rl yy
n =S
(TI b
V1 .moi
The Application for Permit was denied by the Inspector of Buildings for t1tq fokl wing
reasons:
•: co
Not Applicable -- Direct Appeal "rr7rn L r
m c ti
C3
Co
The Undersigned hereby petitions the Board of Appeals to vary the terms of th:VPESalep
Zoning Ordinance a ad{:aaxthexBa#$dtngxeo exswdcz c c4xmpeuoamcx)&
RRRRRxRxitiafexRgpslC:mCslzommcafcmdc�7Gc:ktlldssbticack4dc, as the enforcement of said 71
Zoning By-Laws xmidxSxdAxbf=gu0aft would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for the
following reasons:
Petitioner requests a variance for use of a portion of the premises for ice
manufacturing; wholesale ice storage and distribution; and sale, service and
storage of refrigeration equipment.
Petitioner further requests allowance of two (2) temporary accessory structures
in the side yard for a maximum period of one (1) year. The structures shall be
8' x 8' x 20' storage containers for use as dead storage only, and shall not have
any form of operating motorized equipment attached.
Owner. .Peabody.Ventures, .Inc.
VAMMM. . . . . . . . . . . .
• . . . . . . . . . . . .
Petitioner , Brito.Refriprationl Inc. . .
Address. . ,51 Canal St. ,,Salemt NA. 01970
Date , 10/24/97 , . , //
5_ ed
. :G . .
to deer Geor Sal mkinns,* 975978-744-0350)
Three copies of the application must be fthe Sel Earyo theBoardof
Appeals with a check, for advertising in te amount of $ . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
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PLOT PLAN
17 CANAL STREET
SALEM MASSACHUSETTS
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