143 CANAL STREET - ZBA 143 CANAL STREET
CORNELIS HOLTJER
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DECISION ON THE PETITION OF CORNELIS HOLTZER, TRUSTEE FOA' .`' : iICF
A VARIANCE AT 143 CANAL STREET, (B-4)
A hearing on this petition was held June 18, 1997 with the following Board
Members present: Gary Barrett, Chairman; Richard Dionne, Joseph Ywuc,
Nina Cohen and Albert Hill. 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 Variance from side and rear setbacks to allow
the second and third floor porches to be closed in and to enlarge the
second and third floor apartments for the property located at 143 Canal
Street.
The apartments are to be enlarged as follows:
Second Floor will be reconstructed into two ( 2) , one (1 ) bedroom
apartments and two (2) , two ( 2) bedroom apartments;
Third Floor will be reconstructed into Three (3) , one (1) bedroom
apartments.
The second and third floor porches will be enclosed to accommodate the
enlargement the apartments.
The Variances which have been requested may be granted upon a finding by
this Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
a
3. 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 . There was no opposition in this matter.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1 . Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2 . All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
DECISION OF THE PETITION OF CORNELIS HOLTZER, TRUSTEE
FOR A VARIANCE AT 143 CANAL STREET. (B-4)
page two
3. All construction shall be done as per the plan and dimensions
submitted and approved by the Zoning Enforcement Officer.
L . Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
Variances Granted
.tune 18, 1997
Albert C. Hill , Jr.
Member, 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
the Massachusetts General Laws Chapter 40A, and shall be filed within 2C
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 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 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