CANAL STREET & BROADWAY - ZBA CANAL STREET & BROADWAY
HERBERT 6 FLORENCE MACKEY, JR.
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'jt CITY OF SALEM
BOARD OF APPEAL
ly 745-9595,EXT.381
Will hold a public hearing for all
1- persons interested in the petition sub-
�LS miffed by HERBERT&FLORENCE
e- MACKEY,JR.requesting Variances
'I- from the minimum lot area, mini-
' g mum lot width to allow construe-
tion of a single family home on Lot -
L200Oat
roperty located on Canal
roadway R-2.Said hearing
ednesday, October 18,
0 P.M.,One Salem Green,
Nina Cohen
Chairman
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Cftp of 6alem, l a!wrbuatte;
Bnarb of1PeaI CITY OF SALEM. MA
CLERK'S OFFICE
2000 NOV - I P 2 5.1
DECISION OF THE PETITION OF HERBERT & FLORENCE MACKEY, JR
REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT CANAL &
BROADWAY 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, minimum lot width to
construct a single family dwelling home on Lot 78 for the property located at Canal
Street & Broadway 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 CANAL STREET & BROADWAY
R-2
page two
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, to grant 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 �=acker,
JamMember
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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i^l. '. 1-07-1171269 -IS,-000 SF e,22sSf�` s4S-S S.F*' NOTlq) PR/AL UNDER SUBD/v/S/oNCoNT,eOL LAGS/ OWNED Gy.,Aili , L•orY✓/DTf1- /00' /3s/6' S0, 70 NOT Epv/,2ED, HERBERT L. FLORENCE M,. MRCKEY
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N,; LOT C0VCRfGE' -3S` zsi P"'"`' C DAVID P. TERENZON/ P.L.S.
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