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103 CANAL STREET - ZBA _. 103 CANAL STREET B-4 _ - 4 JOHN R. ADAMS ` y I �t;� l 2.ma/y/_ �.. �/ j�l� /U � / �`� Legal Notice CITY OF SALEM BOARD OF APPEAL 745-9595,EXT.381 Will hold a public hearing for all persons interested in the petition sub- mitted by John Adams requesting _ Variance from side and rear set- backs to construct new building for the property located at 103 Canal Street B-4. Said hearing to be held Wednesday, February 16, 2000 at 6:30 P.M., One Salem Green, 2nd Floor. Nina Cohen,Chairman (2/2,9) aity of "Salem, ttsstttllusetts �.,_ , A , OFFICE �atrra of �e1p}�eul ZCi7 D+ 22 f; to 1, DECISION OF THE PETITION OF JOHN R. ADAMS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 103 CANAL STREET B-4 A hearing on this petition was held March 15, 2000 with the following Board Members present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Richard Dionne and Stephen Buczko. 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. The petitioner is requesting a Variance from rear yard setback to construct a new building for the property located at 103 Canal Street located in an B-4 zone. The Variances, which have been requested, may be granted upon a finding by this 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 and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of 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, John R. Adams, is the owner of the property located at 103 Canal Street. Mr. Adams operates "Pre-Owned Auto, Inc.", a used car sales business at the property. 2. The petitioner seeks a Variance from rear yard setback to construct a new building for the property located at 103 Canal Street (B-4). 3. The request is to allow for a rear yard setback of 10 feet. 4. The petitioner plans on constructing a building, which will have an estimated 1821 sq. ft ground floor area and 576 sq. ft. second floor area. The building will have three garage bays, office space and storage space. The garage bays will be utilized for cleaning and detailing of automobiles and safety inspections. Iv 1 DECISION OF THE PETITION OF JOHN R. ADMAS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 103 CANAL STREET B-4 j�nr©Affr�, page two 5. The existing garage and office building on the property will be removed. 6. A limiting factor in the placement of the building is a Sewer Right of Way for the City of Salem that crosses the property. The proposed building has been positioned on the lot so it will not be located on the Sewer Right of Way. 7. Mr. Adams provided the Board with a drawing showing the placement of vehicles for sale on the lot, customer parking, proposed perimeter fencing and customer access. 8. Customer access to the business will be from St. Paul Street by way of an existing 20' curb cut. 9. No opposition to the requested Variance was presented. 10. Residents speaking in support of the requested Variance included Mr. Will Galien, 3 Gerald Way and Mr. Norman LaPointe, 5 St. Paul Street. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning 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. 3. Desirable relief 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. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state stature ordinances, codes and codes regulations. 2. All construction shall be done as per the plans and dimensions submitted and approved by the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 1 DECISION OF THE PETITION OF JOHN R. ADAMS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 103 CANAL STREET B-4 page three 5. A Certificate of Occupancy shall be obtained. 6. A Certificate of Inspection is to be obtained. 7. Petitioner shall obtain proper street numbering from the City of Salem Assessors office and shall display said number so as to be visible from the street. 8. Petitioner shall obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Variance Granted March 15, 2000 Stephen Buczko, Member Board of Appeals 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 Massachusetts General Laws 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 Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. 0 o r7 S Cr February 14, 2000 Zoning Board of Appeals One Salem Green Salem, Ma. 01970 Dear Board Members: As abutters of 103 Canal Street Salem, Ma., we would like to make the Board aware of the fact that Mr. John R. Adams, owner of Pre-Owned Auto Sales, Inc. at the address mentioned, did review his plans to build a new building on his lot. After reviewing the plans we wanted to go on record as in favor of the proposal to enhance both his lot and the area in general. �O CotjA It February 14, 2000 Zoning Board of Appeals One Salem Green Salem, Ma. 01970 Dear Board Members: As abutters of 103 Canal Street Salem, Ma., we would like to make the Board aware of the fact that Mr. John R. Adams, owner of Pre-Owned Auto Sales, Inc. at the address mentioned, did review his plans to build a new building on his lot. After reviewing the plans we wanted to go on record as in favor of the proposal to enhance both his lot and the area in general. 02/19/00 MON 15:38 FAX 17815995392 R. DILISIO CO. , INC. 0001 February 14,2000 Zoning Board of Appeals One Salem Green Salem, Ma. 01970 Dear Board Members: As abutters of 103 Canal Sheet Salem, Ma., we would like to make the Board aware of the fact that Mr. John R. Adams, owner of Pre-Owned Auto Sales, Inc. at the address mentioned, did review his plaos to build a new building on his lot. After reviewing the plans we wanted to go on record as in favor of the proposal to enhance both his lot and the area in general. Td W or:ca 000? 4S 'Cad VS"GOaL6T : 'ON Xtid OiFd 03NO ENd WOai s February 14, 2000 Zoning Board of Appeals One Salem Green Salem, Ma. 01970 Dear Board Members: As abutters of 103 Canal Street Salem, Ma., we would like to make the Board aware of the fact that Mr. John R. Adams, owner of Pre-Owned Auto Sales, Inc. at the address mentioned, did review his plans to build a new building on his lot. After reviewing the plans we wanted to go on record as in favor of the proposal to enhance both his lot and the area in general. C 136 , f FEB-14-00 02 : 11 PM SEFAWATCHTOWER 7812844257 P. 01 FROI'I PRE OWNS, AUTO FW: NO. _97E7454454 Feb. _4 ZOW 01:=2FT1 P2 February 14,2000 Zoning Board of Appeals One Salem Green S®leen,Ma. 01970 Dear Board Members; As abutters of 103 Cana! Street Saleru, Ma, we would like to make the Board aware of the fact that Mr. John R Adams, owner of Pre-Owned Auto Sales. Inc. at the address mentioned, did reAcw his plans to build a new building on his lot. After reviewing the plans we wanted to go on record as in favor of the proposal to enhance both his lot and the area in general. I + 3K _ Share OC)l SI 0\1 7o