105 CANAL STREET - ZBA 105 CANAL STREET B-4
LURID MOURAD
Citp of §aYem, Iflaoarbuzetto
ARoarb of appeal
,t v;`i-iLL
DECISION OF THE PETITION OF FRED MOURAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 105 CANAL STREET B-4
A hearing on this petition was held September 20, 2000 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen
Harris and Paul Valaskagis. 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 Variance to allow the sale of alcoholic beverages for the
Chamoleon Restaurant for the property located at 105 Canal Street B-4
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 represented himself at the hearing.
2. He presented his case stating hardship at conducting this food business without
alcohol.
3. There was no opposition to this petition.
DECISION OF THE PETITION OF FRED MOURAN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 105 CANAL STREET B-4
page two
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. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction including, but not limited to the Planning Board.
Variance Granted U� LJ� CSC
September 20, 2000 Richard Dionne, Member
Board of Appeals
I
4
DECISION OF THE PETITION OF FRED MOURAN REQUESTING A VARIANCE FOR
THE PROPERTY 105 CANAL STREET B-4
page three
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.
50.yEES
BR�OGE $ y�
ZONING DISTRICT - R-2
SZ � LOCUS N�� REQUIRED PROPOSED LOT 1 PROPOSED LOT 2
m " ,ry`k"' ILOT AREA 15,000 S.F. 5498 S.F. 3425 S.F.
S�tEf ' I LOT WIDTH 100 FT 15.00 FT 47.97 FT
GOEu"s ILOT COVERAGE 357. (MAX) 29 % 33 %
IFRONT SETBACK 15 FT 16.4 FT 5.9 FT I
111 ISIDE SETBACK 10 FT 9.8 FT 3.6 FT
J IREAR SETBACK 30 FT 22.0 FT 22.0 FT
COLLINS COVE
LOCUS MAP
SCALE 1" = 400'
a
as
ROBERT F. & IRENE B. CONNELL
8 EAST COLLINS STREET �cA
REC. BK. 7256 PG. 2
a
WILLIAM G. & JOANNE B. PERREAULT
14 PLANTER STREET
REC. BK. 6243 PG. 318
561'22'25"E Ir
63.14'
LOT 1
AREA =
5498 f S.F.
0
cv LINDA S. O'BRIEN
N 10 EAST COLLINS STREET
REC. BK. 6461 PG. 373
DECK
9.8' 10.7'
NOTES:
4.9' eo /
1. LOCUS IS SHOWN AS LOT 265 ON ASSESSOR'S MAP 36. oo�wr
2. DEED REFERENCE — RECORD BOOK 4001 PAGE 545. o
PLAN REFERENCE — PLAN BOOK 236 PLAN 34. j M 00
0�
5.2' °'
;n
r #31
-r r
/ r
RITCHIE J. BABNON
10 5' 10.1'
s - 12 EAST COLLINS STREET
REC. BK. 12848 PG. 439
PLAN 71/1928
N
06
'=remp ' IRON
IRONI ROD
SET
ALAN CHAVES w to be ROEI ��
h, removed SET • — 47.87' N55'46 03 W NEW PROPERTY UNIF
25 OSGOOD STREET NE.
.;+ ;_., ... .,. .
REC. BK. 14725 PG. 273 10
PL. BK. 236 PL. 34 LOT 2
M AREA
Z =
f. . .- _ �:. ..'.: . 3425 t S.F.
22.3, : • 1 .�.... I o I
O
EASEMENT � ' .fx•... :.'.: :'�::
I
PORCH
o /
e
00
1 1
! 01
Q Z Z N DONALD J. & LAURA J. LAURANZANO
35 OSGOOD STREET
1.3' setback to Ig • . ! / REC. BK. 12425 PG. 8
parking r
,. . / / PLAN 71 1928
parking surface 1�`
will be setback 2' ��. ... �.,.. -/ r /
PLANNING BOARD APPROVAL UNDER I z
THE SUBDIVISION CONTROL LAW NOT REQUIRED #33
SALEM PLANNING BOARD
�> 1•I / / r/ f,,
t
uri I � I �
1•�y�� 15.Qp,: .. :mil}:" 16.30 �{
N55'11'57"W 48.00' N55'11'57"W
NAIL IN RAILROAD
TREE SPIKE IRON
SET SET ROD
SET
OSGOOD (PUBLIC — 40' WIDE) STREET
FOR REGISTRY USE ONLY
PLAN OF LAND
GAIL s
L.
U $\11TH y 31 & 33 OSGOOD STREET
No.35043 SALEM
c
9�FF RPG/S14.0.F.a ,'moo
SSIO//AL lPNO SJP
PROPERTY OF
I CERTIFY THAT THIS PLAN CONFORMS TO THE ,� GERALDINE M. AYERS
RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. GRAPHIC SCALE SCALE 1" = 10' MARCH 10, 2000
SIIO166 � 10 g S 10 20 4I NORTH SHORE SURVEY CORPORATION
DATE REGISTERED PROFESSIONAL LAND SURVEYOR t 1 47 LINDEN STREET — SALEM, MA
( IN FEET ) #1588
1 inch = 10 ft.
�.-