142 CANAL STREET - ZBA p G
142 CANAL STREET
ANTHONY''.GATTINERI
f
�J� I,
Cfq of ttlsm, 'fflttssttdluse#ts
3
�6nura of � peal AV
DECISION ON THE PETITION OF ANTHONY GATTINERI TRUSTEE, I21¢11ESjrI�T�'ASS
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 142 CANAL STREET (I)
A hearing on this petition was held January 21, 1998 with the
following Board Members present: Gary Barrett, Chairman; Nina Cohen,
Albert Hill and Richard Dionne. 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 is requesting a Special Permit to allow a self-storage
warehouse and a Variance from parking for the property located at
142 Canal Street.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4 , grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or 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.
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 . Petitioner was represented by George W. Atkins of 59 Federal St.
2 . Petitioner requests to withdraw the Variance from parking without
prejudice.
3. Petitioner sought a Special Permit to allow the building at 142
Canal Street to be used for a self-storage warehouse business
containing up to 150 storage units, which is a retail use.
4 . Petitioner explained the proposed use would operate during normal
business hours, and would increase traffic to the site by not more
than 150 visits per month during normal business hours, and would
enable some of the unused floor space within the building to be
utilized.
DECISION OF THE PETITION OF ANTHONY GATTINERI, TRUSTEE REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 142 CANAL STREET
page two
5. In opposition to the proposed relief, Mr. John Costa of 104A
Lafayette Street stated that the proposed use does not fit the
neighborhood, and that 150 storage units would be too much €dr *Yie
site.
co
on the basis of the above findings of fact, and on the evidence._
presented, the Board of Appeal concludes as follows: N
1 . The Special Permit requested can be granted without substantial_„
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of tfie�.; cn
ordinance. Q1 cn
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0 to
grant the Special Permit requested, subject to the following
conditions:
1 . Petitioner shall comply with all city and state statutes,
ordinances, codes and regulations.
2 . All construction shall be done as per 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.
Petitioner shall obtain a building permit prior to beginning any
construction.
5. A Certificate of Occupancy shall be obtained.
6 . A Certificate of Inspection shall be obtained.
SPECIAL PERMIT GRANTED
January 21 , 1998
Nina Cohen
Board of Appeal
J
DECISION OF THE PETITION OF ANTHONY GATTINERI REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 290 CANAL STREET
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 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 20 days
have elapsed 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 or 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
n t.�
- L
Z
N
_ G
_ io
4� C=
17v, � ' �
&A-
CLQ QS) ,
CKJK�lp CJI
North Shore %Wm T9
Fruit Basket (Danklie
M
0
m
m
z
x
m
x
m
r
Fruit Baskets Flowers weddings of Distinction
130 CANAL STREET SALEM, MASSACHUSETTS 01970
(508)745-6967 (508)745-6972 FAX(508) 532-4424
MESSAGE INSIDE
402 Amherst Street-Suite 300
Nashua, NH 03063-4228
603 595 1614
603 595 2414 FAX
GUILFORD TRANSPORTATION
January 14, 1998
City of Salem - Board of Appeals
One Salem Green
Salem, Massachusetts 01970
Dear Sir/Madam:
Enclosed is a copy of a notice I recently received pertaining to a proposed land use in
the City of Salem. Please be advised that Guilford Transportation Industries, Inc. manages
real estate matters for several corporations. This response is sent on behalf of the following
corporations in reply to your notice which was received on January 8, 1998:
Boston and Maine,Corporation;,.,
° Marne Central Railroad Company t ' 1
-r.;
° Portland Terminal Company, .., ;
° Springfield Terminal Railway Company;
° Hudson River Estates, Inc.;
° Delaware River Estates, Inc.; or
° DH Estates, Inc. (formerly Delaware and Hudson Railroad).
As you may well be aware, the railroads listed above receive numerous notices on a
daily basis. Based upon the limited time frame existing between the date on which the notice is
received and the scheduled hearing date, I respectfully request your cooperation regarding this
matter.
Although the,railroads are,concerned-with each and every notice, there are certain
instances which are of particular concern to the railroads. You may be able to advise me if the
petition involves.land plans,showing.a crossing of,railroad property. Specifically the railroads'
concern exists even in the event that your petitioner indicates that it is the holder of a valid
railroad crossing. Also, the railroads must be advised if the petition proposes any
City of Salem - Board of Appeal
January 14, 1998
Page Two
development within 25' from the centerline of an existing railroad track, even if such
development occurs on non-railroad property. As such, petitions for variances from set back
requirements can be particularly troublesome.
Please be advised that this letter should not be construed as a waiver of any other
objections which the railroads may have to a proponent's plan. However, the railroads
respectfully request your assistance in bringing their attention to any such matters.
Thank you for your anticipated cooperation in this regard.
Sincerely,
ILL M
lie A. Dunn, sident - Real Estate
KAD:mlb
Enclosure
mis \zoning.ltr
C
i
F`
M
\ 0.
IL \✓ice \ �� - - / 4
x oIL
\\�
REP �
-
�
\ PAVED
I OF P AVE""T
EDGE
GATE � \
I i '
N 11 PAVEMENT \ �1
l w
I 1 w #142
a a
1
1
1 _
x � -
1 1q.3 p6
a rnCd
1
I 0 1
z r J PAVEMENS I OT g pOTMERS, \NG
I j JEFFIR0 � SS00
. /
x I 14
LT] '
I '
�' A
Z U' E OF P AVEMENZ 1 Q PV�ME
I 1 1 EOG
kp
Lpx
co
` 0
II (yJY'MPES \ \ I
4~
YA
- TOTAL PARKING SPACES SHOWN - 161.
TOTAL LOT AREA FOR LOCUS = 3.5f ACRES.
PARKING PLAN
CANAL STREET AND OCEAN AVENUE
SALEM
PROPERTY OF
° Yr GL,< <" 134 CANAL STREET REALTY TRUST
GRAPHIC SCALE g SMITH `� y
40 0 20 40 e0i60 C.35043 N 4�
f
:'�c 9FOLsa�o sort SCALE 1" = 40' JANUARY 12, 1998
N4L LARD
( IN FEET ) R.'.,v:�`' NORTH SHORE SURVEY CORPORATION
1 inch = 40 1t. 47 LINDEN STREET — SALEM, MA
#1193
rn