230 CANAL STREET - ZBA HERBERCANAL STREET
T S FLORENCE MACKEY
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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595,EXT:381
Will hold a public hearing for all
.persons interested in the petition sub-
mitted by HERBERT&FLORENCE
MACKEY,JR. requesting Variances
from the minimum lot area,front&
rear yard setbacks requirements for
Lot 76 far the property located at 230
Canal Street R-2.Said hearing to be
held Wednesday,October 18,2000 at.
6:30 P.M., One Salem Green, 2nd
Floor.
Nina Cohen
Chairman
(10/4,11)
ttLitp Of 6dlEITI, AzzACbUgEttfj CICTY OF LERK'SAOFF CE A
LAI �3oarb of Rppeal
1000 NOV - I P 2 51
DECISION OF THE PETITION OF HERBERT & FLORENCE MACKEY, JR
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 230 CANAL
STREET R-2
A hearing on this petition was held October 18, 2000 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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 a Variance from minimum lot area, front & rear yard setback
requirements for Lot 76 for the property located at 230 Canal Street R-2.
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. Attorney Neil Cohen of 81 Washington Street represented the petitioners.
2. Petitioner seeks to construct anew single family dwelling on lot 78.
3. A petition was submitted with 11 names in favor of the petition.
4. There was no opposition to the proposed petition.
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DECISION OF THE PETITION OF HERBERT & FLORENCE MACKEY REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 230 CANAL STREET R-2
pagetwo
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, togrant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board.
Variance Granted ^�/�,,{{,,
October 18, 2000 arc r�
J
James Hacker, Member
Board of Appeals
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' 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.
Board of Appeal
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To the Salem Board of Appeals
We the undersigned being neighbors of Herbert L. Mackey, Jr. and Florence M. Mackey at 230
Canal Street, Salem, hereby assent to their Petition before the Board of Appeal for variances to
allow the building of a home on Lot 78 and allowing the placement of their home as currently
located on Lot 76. We respectfully urge the Board of Appeal to grant the Variances as requested.
Name /Address
I
/YZP 2)M2, ��
To the Salem Board of Appeals
We the undersigned being neighbors of Herbert L. Mackey, Jr. and Florence M. Mackey at 230
Canal Street, Salem, hereby assent to their Petition before the Board of Appeal for variances to
allow the building of a home on Lot 78 and allowing the placement of their home as currently
located on Lot 76. We respectfully urge the Board of Appeal to grant the Variances as requested.
Name Address
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PLAN OF LAND IN
ZONING REQUIRF/NENTS
SALEM , MASS
. L07,RL D LOT 76 Lor 78 APPROI/AL UNDER SUSD1W510NCON7,,e0L LAW
MIN. LOTARE,9-/5,000 SF E,22SSf�` s4SS Sf, �` OwNEa Gy!
MIN, LorwiDrH- loo' 12S-/6' S-0. 70't' NOT REQU/RED, HERBERT L. { FLORENCEM. M4CKEY
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I/AR/f)NGE QEQvESTE� ;
No.U720
Z �FE5510��Q SCALE.' 1" c 10' AUGUST 301 ZOOO
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DATE: 0�0