130 CANAL STREET - ZBA 130 CANAL STREET
DARLEN E GALLEN
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DECISION ON THE PETITION OF DARLENE GALLIEN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 130 CANAL STREET I
A hearing on this petition was held February 17, 1999 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Michael Ward and
Stephen Harris. 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 Darlene Gallien , is requesting a Special Permit to extend a non-conforming
structure for the property located at 130 Canal Street.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 0), 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 of 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.
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.
DECISION ON THE PETITION OF DARLENE GALLIEN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 130 CANAL STREET
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 operates a business known as North Shore Fruit Basket at the above
address. Her husband represented her before the Board in connection with
this matter.
2. Petitioner sought variances to enable them to construct an enclosed structure on an
existing concrete foundation and thereby expand the work area of the business.
The Special Permit is required because the existing structure is nonconforming
In that it extends right up to the boarder of the property.
3. There was no opposition to the proposed special permit.
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 exist which especially affect the subject property but not the
district in general. . 1
2. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
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 voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer. _-
3. All requirements of the Salem Fire Department relative to smoke and fire safety
Shall be strictly adhered to. NJ ^l'
1
DECISION OF THE PETITION OF DARLENE GALLIEN REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 130 CANAL STREET
page three
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finished of the new construction shall be in harmony with the existing
structure.
6. A Certificate of Inspection shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
Special Permit Granted
February 17, 1999
csCA
Nina Cohen
Chairman, Board of Appeal
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 the 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.
Board of Appeal
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