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Legal Not 6
f CRY OF SALEM f
BOARD OF APPEAL u
? 745.9595 Ext 381 a
Will hold a public hearing for all
persons interested in the petition sub- c
r mitted by FAMILY DOLLAR STORE I
requesting a Special Permit per Sec II
tion 5-2 &9-4 to add a conforming
!!! use as a Family Dollar retail store to
an existing multi use building&Varl-
ance from the off-street parking
requirements for the property located at
75 CANAL STREET B=4.Said hearing
to be held APRIL 19,2005 AT 6:30 t
P.M., 120 WASHINGTON STREET, I
3RD FLOOR.
Nina Cohen
Chairman i
SN-415,4/12/06 -
1 (�
CITY OR SALEMv MASSACHUSBTTS
• BOARD OF APPEAL �-
c�'
120 WASHINGTON STREET, 3RO FLOOR
SALEM. MASSACHUSETTS 01970 0' ,
T[LtPHONt: 978-748-9693 y 'p
FAX: 978-740-9844 O r-
A �,,
9.
DECISION OF THE PETITION OF FAMILY DOLLAR STORE REQUESTING A �J
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 75
CANAL STREET BSI
A hearing of this petition was held on April 19,2006 with the following Board Members
present:Nina Cohen, Chairman, Robin Stein, Richard Dionne,Nicholas Helides and
Edward Moriarty.Notice of this 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.
The petitioner is requesting a Special Permit per Section 5-2& 94 to add a Family
Dollar Store to an existing multiid at ding75 and al Street Variance
fro in a B-4 zne.parking
requirements for the property
The Variance which has 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.
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:
I. The property is located in the B-4 zone where retail is an allowed use.
2. The Petitioner proposed to occupy 9,253 square feet of space of which, 7,994
would be dedicated as retail area.
3. Section 7-3 of the Bylaws requires one parking space for every 150 square feet of
retail space. Therefore, Petitioner needs 54 parking spaces.
4. Petitioner can only provide 17 parking spaces on site.
5. The Petitioner did not provide the Board with figures regarding the estimated
number of trips per day or customer activity.
l
DECISION
ARIANCE AND EPETITION
LOPERMIT OE R TPROPERTY LOCATED AT A
5
V
CANAL STREET B-4
page two
6. The Petitioner represented that six to eight employees may also use the provided
parlang spaces at any given time.
7. Numerous neighbors spoke in opposition to the proposal. Most raised concerns
that the project would exacerbate existing traffic and parking problems.
8. Additionally,the serious safety concerns for people routinely crossing Canal
Street to access the property cause the Board to conclude that granting the
requested variance would cause substantial detriment to the public good.
9. The Board did not find that due to any special and unique circumstance (s)of this
land and/or building a literal enforcement of the Bylaws would result in a
substantial hardship to the Petitioner.
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 not exist which especially affect the subject property and
not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would not result in
unnecessary hardship to the petitioner.
3. The relief requested cannot be granted without substantial detriment to the public
good or without nullifying and substantially hardship derogating from the intent
of the district or purpose of the Ordinance.
Therefore,the Zoning Board of Appeal voted 0 in favor and 5 in opposition to grant the
requested variances. Having failed to gamer the four affirmative votes required to pass,
the motion is defeated and the petition is denied.
Variance & Special Permit
Denied q/ob
April 19, 2006in
Board of Appeal
ry -
O r`
l.J i T7
U, t=
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 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 of 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 passed 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 Certificate of
Title.
Board of Appeal
N U-1
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SOUTH SALEM RESIDENTS AGAINST THE LOCATING OF A
FAMILY DOLLAR STORE AT 75 CANAL STREET (Formerly Salem
Glass)
As Residents of Salem and particularly of Hancock, Gardner, Geneva,
Piedmont and Cabot Streets we opposed the installation of the Family Dollar
Store at 75 Canal Street.
1. The major issue is the already difficult,and sometimes impossible parking
situation. There is often no available parking on these streets and residents
are forced to park on Canal Street.
2. The other danger is that there is a blind corner on Hancock and persons
crossing the street are in grave danger of being hit by a car.
3. This is an entry corridor to the downtown area and this is certainly NOT
in keeping with the presence that Salem is effectively seeking in the
remainder of the city.
Name Address Telephone
7 7$ F3f�
W c
#86 Y2 4nrer.k a 7 l- OSA17
6t leti3 V
/7
33 9,�ak e` v�S �r �yY- 3 7/
'J -0
r S e /-� I
SOUTH SALEM RESIDENTS AGAINST THE LOCATING OF A
FAMILY DOLLAR STORE AT 75 CANAL STREET (Formerly Salem
Glass)
As Residents of Salem and particularly of Hancock, Gardner, Geneva,
Piedmont and Cabot Streets we opposed the installation of the Family Dollar
Store at 75 Canal Street.
1. The major issue is the already difficult and sometimes impossible parking
situation. There is often no available parking on these streets and residents
are forced to park on Canal Street.
2. The other danger is that there is a blind corner on Hancock and persons
crossing the street are in grave danger of being hit by a car.
3. This is an entry corridor to the downtown area and this is certainly NOT
in keeping with the presence that Salem is effectively seeking in the
remainder of the city.
Name Address Telephone
qq
nn 5 �3
K.
53 A ijzB K ST. 71/5- pQ38
D t W--W S-7LIS a
2 97 - 7 f/ 7v.5
s ssr K6
':'-3 7-
J �j7
Alf-53
&Lr-6 lavlew' SMAY)rat
SOUTH SALEM RESIDENTS AGAINST THE LOCATING OF A
FAMILY DOLLAR STORE AT 75 CANAL STREET (Formerly Salem
Glass)
As Residents of Salem and particularly of Hancock, Gardner, Geneva,
Piedmont and Cabot Streets we opposed the installation of the Family Dollar
Store at 75 Canal Street.
1. The major issue is the already difficult and sometimes impossible parking
situation. There is often no available parking on these streets and residents
are forced to park on Canal Street.
2. The other danger is that there is a blind corner on Hancock and persons
crossing the street are in grave danger of being hit by a car.
3. This is an entry corridor to the downtown area and this is certainly NOT
in keeping with the presence that Salem is effectively seeking in the
remainder of the city.
Name Address Telephone
3 - -516
3 ca � - yS-ao3z�
-14
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MAP 33 LOT 200 MAP 33 LOT 188
29 GARDNER STREET 32 HANCOCK STREET
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CANAL STREET
PLOT PLAN OF LAND
75 CANAL STREET
ZN0FMg8S40 SALEM
a GAIL y�N� PREPARED FOR
I CERTIFY THAT THE BUILDINGS snl N FAMILY DOLLAR STORE
HEREON ARE LOCATED ON No.35043 4 SCALE 1' = 30' APRIL 11, 2006
THE GROUND AS SHOWN. 9�gsRFCLshR�oP1�
NORTH SHORE SURVEY CORPORATION
_ s�ONAL lANO SV
y/I� O& /`�j C _ c—, 14 BROWN ST. - SALEM, MA
DATE /REG. PROF. LAND SURVEYOR #2681