290 CANAL STREET - ZBA 1 290 CANAL STREET i
Il CANAL STREET SERVICE, INC.
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I egal Notice De
CITY OF SALEM
` BOARD OF APPEAL m
I9 745-9595 EXT.381 a•
Will hold a public hearing for all Y
1 persons interested in the petition sub- 1
i mitted by CANAL STREET SER-
VICES,INC. requesting Special Per-
mit/Variance for the purpose of sell-
ing used cars and parlung require-
ments for the property located at 290
CANAL STREET B-2.Said hearing to
be held WEDNESDAY, DECEMBER
16, 1998 AT 6:30 P.M.,ONE SALEM
GREEN,2nd floor.
Nina Cohen,Chairman
(12/2,9)
1 ,.
'�. (fitU of ,1'7§UjVM, { ttsstttljusetts `" s OFFICE
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Pntcrb of �ppen1
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DECISION ON THE PETITION OF CANAL STREET SERVICES, INC.REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 290 CANAL STREET B-2
A hearing on this petition was held December 16, 1998 with the
following Board Members present: Nina Cohen;Chairman, Richard Dionne,
Michael Ward, Stephen Buczko 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 is requesting a Special Permit to allow a mixed use with a
maximum 8 car capacity for rental, leasing and sale of cars for the
property 290 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 Steven Bornstein, Trustee for the
JEDS Realty Trust of Peabody.
2. Petitioner sought a special permit to allow the property to be
used for the purpose of selling no more than 6 used cars.
Presently he operates a gas station\mini mart with a car wash and
a car rental and leasing business on the site. The car rental and
leasing business was permitted by this Board under a decision
issued in March 19998.
3. Petitioner stated that he has applied to the Licensing Board for
a used car lot permit, but was told that the permit could not be
considered until the Zoning Board issued a special permit for a
used car business on the site.
r
DECISION OF CANAL STREET SERVICES, INC REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 290 CANAL STREET
page two
4 . The Variance was withdrawn without prejudice.
5. There was no opposition to the special permit.
On the basis of the above findings of fact, and the evidence
presented, the Board of Appeal concludes as follows:
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 the
ordinance.
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, 5-0 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 requirements of the Salem Fire Department relative to smoke
and fire safety shall be strictly adhered to.
3 . A Certificate of Inspection shall be obtained.
4. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Licensing
Board.
5. Hours of operation shall not extend oast 9:00 p.m.
Special Permit Granted
December 16 , 1998 I / C"J"cr,C
Nina Cohen, Chairman
Board of Appeal
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DECISION OF THE PETITION OF CANAL STREET SERVICES, INC. REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 290 CANAL STREET
page three
A COPY OF THIS DECISION H.kS 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
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