266 CANAL STREET - ZBA 266 CANAL STREET }
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DECISION ON THE PETITION OF FRED J. DION YACHT YARD INC. REQUESTIP�G A ny
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 266 CANAL STREET B-240
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A hearing on this petition was held October 20, 1999 with the following Board Members
present: Nina Cohen, Chairman, Michael Ward, Stephen Buczko, Stephen Harris, 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 requests a Special Permit to allow use of the premises for boat storage and
maintenance for the property located at 266 Canal Street B-2.
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
stuctures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
Substantial hardship, financial or otherwise, to the petitioner.
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:
S.aLEH. MA
�LEr 'S OFFICE
1019 UCUT 22 A q, 18
DECISION ON THE PETITION OF FRED J. DION YACHT YARD INC. REQUESTING
A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 266 CANAL STREET B-2.
page two
1. The petitioner, Fred J. Dion Yacht Yard Inc. was represented by Attorney George
W. Atkins III, of 59 Federal Street, Salem
2. The petitioner requests a Special Permit to allow use of the premises for boat
storage and maintenance in accordance with Section 5-3 (f) (2) and Section 9-4
of the Salem Zoning Ordinance.
3. The subject property is owned by 266 Canal Street Trust of which John Bertini is
a Trustee. Fred J. Dion Yacht Yard, Inc. plans on leasing the property from 266
Canal Street Trust.
4. A zoning district boundary divides the subject property; the property is located in
both the B-2 District and I District. The proposed use is an allowed in the I District
and special permit use in the B-2 District.
5. No changes to the structure are planned. Minor construction including the
installation of a ramp and expanding access doors will be performed. Also, a
sprinkler system will be installed as per the request of the Salem Fire Department.
6. Approximately 60 boats will be stored on site with half being stored outside and
half inside.
7. Boat maintenance to be performed includes simple maintenance,
waxing/polishing, winterizing engines, replacement of parts, equipment
installation, bottom sanding and painting. The sanding and painting operation will
be performed inside the existing building. Major work will be performed at Fred J.
Dion Yacht Yard, Inc.'s Glendale Street facility.
8. Only incidental sales will be performed at the site.
9. No opposition to the requested Special Permit was presented.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
ALE'i. !!A
r=riCE
F THE PETITION OF FRED J. DION YACHT
DECISION
L OERM T FOR THE PROPERTY LOCATED AT 266 C�A � STR(EET B-2 SPECIAL P
page three
3. -IJ1e Special Permit granted can be granted in harmony with the neighborhood and
?hill 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.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Inspection shall be obtained.
6. Petitioner shall obtain proper street numbering form the City of Salem Assessors
office and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board and Conservation
Commission.
Special Permit Granted
October 20, 1999 CSCJ
Stephen Auczko. ember
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.
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INDUSTRIAL ST,Q
LOCUS MAP I 1 454.94' -
R_16 n/f B & M RAILROAD pUNDARY SOp
li L'1362s OX. ZONING DISTRICT B
R=1472.69 L=415.54 \
EXISTING
1U1LDING \ �h
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69
L=329.43 BUILDING
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REALTY 3 . � 3 ± Acres 7
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GENERAL NOTES
1) THIS PLAN /S THE RESULT OF AN ON THE GROUND FIELD
SURVEY AND PUBLIC AND PRIVATE PLANS.
2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND
RECORD PLANS AND ARE NOT NECESSARILY INDICATIVE OF PLAN OF LAND
UNDERGROUND CONDITIONS. . L 0CA TEO IN
3) THE CONTRACTOR SHALL BE RESPONSIBLE ,FOR VERIFYING AND �..,••. .
DETERMINING THE LOCATION, SIZE AND ELEVATION OF ALL �4�,H of v,� S A L E M , MASS .
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EXISTING UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, o CHRIST HER' M PREPARED BY
R. :/. i .
PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED SITE /S SHOWN ON SALEM ASSESSORS MAP 6E"
No 3131I EASTERN LAND SURVEY ASSOCIATES, INC.
IN WRITING OF ANY UTILITIES FOUND INTERFERING WITH THE 32 AS PARCEL 38 1 ! 1 E�yOQ
PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACTION •►;,� . soar CHR/STOPHER R. MELLO, PLS
BEFORE PROCEEDING WITH THE WORK. PLAN REFERENCE : BOOK 2882 PAGE 51 � f`I 10 4 L O WE L L S T. P E A B O D Y, M A. 01960
4) THIS PLAN /S BASED ON THE REFERENCED PLANS, DEEDS DEED REFERENCE. BOOK 10716 PAGE 430 ✓ J (978) 531 -8121
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. SCALE: 1 " = 40' SEPTEMBER 29, 1999
NO CERTIFICATION /S INTENDED AS TO PROPERTY TITLE ZONING D/STRICT IS HIGHWAY BUSINESS, B-2
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED AND INDUSTRIAL, I PHOTO REPRODUCTION OF THE ABOVE SEAL IS PREPARED FOR {�
EASEMENTS. INDICATIVE OF UNAUTHORIZED REPRODUCTION The 266 C a n a l Street Trust
OF THIS PLAN AND IS TO BE CONSIDERED A
COPYRIGHT INFRINGEMENT AND/OR FRAUD.
ENFORCEMENT AUTHORITY SHALL NOT ACCEPT
PHOTO REPRODUCTION FOR ANY PURPOSE.
F 11653