130 CANAL STREET - ZBA (2) 4--it -J? I J
130 CANAL STREET
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1
Legal Notice 1
i CITY OF SALEM 1
+y{ BOARD OF APPEAL al
978-745-9595,Ext.381 1
will hold a public hearing for all
j persons interested in the petition sub- bn
milted by DARLENE GALLLIEN
requesting Variances from side set- cTE
back,rear setbacks and lot coverage to T,
construct a 25x55' addition for the stick
property located at 130 CANAL Wi
STREET 1. Said hearing to be on b"
i WEDNESDAY,JANUARY 15,2003, Thl
at 6:30 P.M., 120 WASHINGTON Caen
STREET,3rd FLOOR,ROOM 313. Fri
Nina Cohen,Chairman chicl
assol
OF SlaLEM. MA
BOARD OF APPEAL CLERK'S OMCE
120 WASHINGTON STREET, 3RD FLOOR
SALEM. MA 01970
y��iMMeo°N° ' TEL. (978) 745-9595
FAX (978) 740-9846 2003 JAN 1 b-, P '3: 4b
STANLEY J USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF DARLENE GALLIEN REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 130 CANAL STREET I
A hearing on this petition was held January 15, 2003 with the following Board Members
present: Nina Cohen, Bonnie Belair, Nicholas Helides, Stephen Harris and Joan
Boudreau. 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 Variances from side setback, rear setback and lot coverage
to construct a 25' x 55' addition for the property located at 130 Canal Street located in an
I 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. Darlene Gallien, owner of North Shore Fruit Basket appeared with her husband
and presented their plans for the addition
2. Petitioner request variances from side setback, rear setback and lot coverage to
construct a 25' x 55' addition for storage. Plans and pictures were submitted.
3. Two abutters, Dr. Freedman, owner of Hawthorne Animal Hospital and John
Adams property owner of 103 Canal Street appeared and showed their support
of this petition.
4. There was no opposition to this petition.
DECISION OF THE PETITION OF DARLENE GALLIEN REQUESTING VARIANCE
FOR THE PROPERTY LOCATED AT 130 CANAL STREET I
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.
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�grant the Variances requested,
subject to the following conditions; _
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. Exterior finishes of the new construction shall be in harmony with the existing
structure. ,
4. All construction shall be done as per plans submitted and approved by the Building
Commissioner.
5. A Certificate of Inspection shall be obtained.
VARIANCE GRANTED
JANUARY 15, 2003
Stephen Harris ��C \
Board of Appeal J
1}
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
owntr of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
NO. 130 CANAL STREET
PROPOSED ADDITION
IN
SALEM, MASS.
MIDDLESEX SURVEY INC. LAND SURVEYORS
131 PARK STREET NORTH READING, MA. 01864
SCALE. 1'= 40' DATE.- NOV 15, 2002
GRAPHIC SCALE
40 0 20 40 60 160
,( ( IN FEET )
1 inch = 40 ft.
D0 ,moo �r
� 5 ZONE INDUSTRIAL
1`'• '� MIN. SETBACKS
C1 tlb c$-P�.��'c �\ 30' STREET
ZZ 4O e` �'� 0 30' SIDE
30' REAR
MAX. COVERAGE = 45%
s �e ro '��cfi�'��s2• .86' y �
h�V
�1 O'"�10/ Cy4i
A � 1 \�,�S•�p��J/aG -1 NAG No- ��,
\ e h
iN
Olk-
LEGEND �qr\ 0= 8x•
mil^' SHRUB \ \ Lor 1A
c CATCH BASIN 11iv c7r1Sf
— CHAINLINK FENCE TOTAL BUILDING COVERAGE
GRANITE CURB EXISTING & PROPOSED = 48%
EDGE OF PAVE.
2��P�SN OF MAg3,9cy
ALPHDONSE G�
I CER77FY THAT THE EXIS77NG BUILDING I HALEY N
LOCATED AS SHOWN. NO. 31312
DA7E' 11115102 ss GISTE O
Regi ered La d S }ror SAL LAW