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FREE STANDING PLAZA SIGN 40 Boston Street Free Standing Sign 1 HIGHLAInI FS FAMILY KITCHEN CENTER Distinctive Kitchens FOR 28 BARS • FREE DELNW ' Alb REMDVNL SAIF. ii_ lull A ! •THE SALEM.MASS..EVENING NEWS LOC i� NEWS -- THURSDAY.JANUARY 111990 MA BIG a -6 P e t { + r ,.v ,H c i'a OKEEFE a ` r JeEorags sw _ t ' PIZZA DONUT x DUNKIN - a BIG FRED'S y e a Wits ss ,+" HUT <� RING ,a DONUTS - pLYCES to ATHLETIC ® ®®� 'gall a F s es®` y o wjo CENTER x' gi �.. �..t.. .c Jam^ \mac g '3 �r .. i ...... ° JEFFER M DO AL c - m � DS �O Q�Q©�� BERTIN r .,.....,a.. ........«www» d T MBTRC v . C Pa1Tock �. 3S '. %L. 3 mS.. ..tj) .e 4 ..a .. ..ea.. _n ..., ...., ..... o e. :, . - THEof the landmarks that dot Canal Street in Salem. _ The Set.m N.,.. 1 HIhe'J stM v EVOLUTION � 1 .�.' 1 OF AN y� cif .. -UGLYi T �� ,Yttt � � • 1� ` �� } .STRE E d � 31LE_ i " ,.� ,IIIIIIII�Ii i _ Canal Street shows what's wrong with city zoning law '� p A News staff report """" • -'"' - - SALEM—First and foremost, "Ugliest street in America"? -never,ever take your eyes offthe Newtv elected Mayor Neil J. road when riving down Canal ton Can treet 'Street. Youawill droundb cargearr�ers� ersm lesand s political ed pos[dons hDave Caw •V .3 .-. _ €• .? • k is dodge tractor traders making referred to the stretch as the ug- wide right turns,blast your horn, lies[street in America." � r_dwN -rfy -shake a fist, even slam your A few of the Canal Street com- ,brakes to avoid cars careening panies are production-oriented -through the drive-through lane Of and provide parking lots for their Zoning is haphazard along Saism's Canal Street,a 1.2-mile hodgepodge of homes and businesses. The Salem nam. 'McDonald's. workers. Yet traffic congestion If you do happen to glance at along the .street has become attention to. veloped as it has. To be honest, 1990,which represents 4 percent If the city had revised its:zoning -the buildings along Canal Street, worse over the past few years there wasn't a whole lot of plan- of the total real estate taxes as- bylaws, planners could'require _you may experience additional since many of the new businesses "There is no overnight solution. ning„ sessed businesses in the city. new businesses to landscape distress: 41 commercial and in- thrive on a steady stream ofcars. But it really affects the quality of 'dustrial P life in the city." t Canal Street ' includes resi- "As gaudy and unattractive as Properties, put .restrictions on ire-traffic controls or Witnessesrhall, railroad tracks, pounded rbblSalem aStat been City planners have a renewed dential, commerical and indus- it is,the businesses that are there even littut the type.of businesses and a sports complex jam both traffic, heavy residential traffic concern over the street as a new trial business zones. The three do provide services and jobs," even limit lot. of sides ofthe road. from neighboring streets that Pizza Hut and drive-through Dan- zones are scattered sporadically Harrington said. "But there has to The 1.2-mile stretch includes a empty onto Canal Street,and fre- kin' Donuts will-add to alre2,dy onthe street — a used-car lot been a lack of attention to careful "We could have had more con- mass of high-voltage power lines, quent flooding because of under- heavy traffic congestion on Canal looms next to a three-decker planning and proper zoning." trol over the density of-devel- Street.Neighbors ofBertini's res- apartment building; a fast-food Former City Planner GerryKa- opments,"Lustersaid. three billboards.two car washes, ground streams. restaurant shares a building with three used-car lots, four as two This urban nightmare was not off co t also are battling to at, vanaugh presented the City As the newly elected mayor, g off commercial expansion of a a carpet center. Council with a comprehensive re- Harrington said he wants to"re- aerobics os, two doughnut shops, two Businesses by design,but a default. aerobics centers. an animal hos- Businesses sprang up along the woulparking area behind the lot Etat. Spot development zoning ordinance two years ago, visit" the zoning issue. "A lot of pial,a rubber stamp shop,a roof- stretch without traffic or design would eliminate a rare sliver of P P but it was defeated by political what wash the original proposal ing contractor. two martial arts controls. And unless the city re- natural land. "What is unfortunate is the spot debate over various sections of Kavanaugh brought in had mer- centers, two food distributors, vises its zoning bylaws, city offs- "There are a lot of good b si- development," said City Planner the proposal,such as restrictions it,"he said. eight garages or car repair busi- cials fear other major streets nesses that have been there for William Luster. "It's unfortunate on condominium conversions and Harrington said amendments nesses, and many, many other could suffer similar fates. years,like Alyce's Ice Cream and it's not going in the right direc- additional wetlands protections. to the zoning bylaw could not only businesses. "Yes, I'm disturbed," Harring- Jeffery Brothers. But over the tion. The residential community If the ordinance had been ac- help control development along In addition,more than 50 resi- ton said about the uncontrolled years,other things have grownup is very, very close—just one lot cepted.Luster said the city could other business highways in the dents live on Canal Street in eight business boom on Canal Street. sporadically. It hasn't been done away" control new developments on Ca- city,but could someday mean im- houses and four apartment build- "It's due to a lack of careful plan- with the best aesthetic."Harri is- The street does benefit the city. nal Street. For example, Luster provements for Canal Street, ings. Densely populated rest- ning. I'm concerned about High- ton said. r The 41 commercial and industrial said the new Pizza Hut.which was since there has been a high turn- dential neighborhoods adjoin the land Avenue.It could become like "There are a lot of historiipal properties were assessed a total built just 20 feet from the curb, over in businesses along the 'commercial lots. Route 114 if it's not properly paid reasons why Canal Street has de- of$412.044 in taxes in fiscal year required only a building permit. street. I t i 1 I ' SURETY BOND REPORT MECHANIZED . H.O. ACTH. REQ. BOND /T le .echo -- a al No.—Suffix) - YES ^2❑ NO ❑YESJ NO L ` TFk TY,CODE DATE TYPED r -LIFE&CASUALTY ❑IT-51 ❑ IT-91 22-63 06 S :; tni l♦ BCA PRINCIPAL PRODUCER OR COMPANY REINSURED AGENT'S CODE Name A. Bembe :ton, Ina. 4060 $O�tCy dH9 $8.1i NA. . COMMISSION _ City& State � 300 OBLIGEE PAPERS C/S BR. & AGT'S. CODE C/S COMMISSION . RETAINED Name City OS 84leM F]AES EFF. DATE PREMIUM EXPIRY City & State SaIQM# ft. ❑NO 4..18.83 4-1&89 STAT PLAN PAY-t LINE TRA NS.STATE TAX DIST. CLASS AMOUNT TYPE OF TRANS. DATE CONTRACTOR NO. MAINT. EXPIRY 34/ POO B 446 01 CONT.BOND A 18 83 . 'AMOUNT OF BOND AMOUNT OF CONTRACT �PR EMIUM SIGN IBBOND PREMIUM MAINT. MAINT. PREMIUM KIND /ETNA k TERM (MOS.) ;n (YRS.)TERM SHARE % 30 _. IIk`FtFt .loom. [I + . NEW DESCRIPTION OF BOND ) (Def. .❑RENEW r (Def.) CANCEL (ObUgee) CANCEL FLAT - agn Remit Bond OFFSET (Agent 1.,XeCt2ted) - 'PC]REBILL REASON FOR CANCELLATION OR ADJUSTMENT ❑MARK OFF F-1 MARK ON IIF NEW BOND, PROVIDE EXPIRY DATE) - REINSTATE ❑CHARGE MAINT. AID ❑ADJUST H.O. APPROVAL BY DATE NATURE OF INDEMNITY OR COLLATERAL PREY. BOND NO. (INCL EXP. MO. IF P.R.) F.O. APPROVAL H.O. APPROVAL IJE rnb IS,-2300-AI 2-82 CAT. 552372 PRINTED IN U.S.A. PRODUCER COPY of lt5m uIrm KNOW ALL MEN BY THESE PRESENTS THATWE, .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . of . . . . . . . . . . . . . . . . . .SALEM, MASS.. . . . . . . . . . . . . as Principal, and . . .AET44A -CASUALTY -&-SURETY- CO... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as sureties, and all in the State of Massachusetts, are holden and stand firmly bound and obliged unto the City of Salem, in the sum of one thousand dollars, to be paid to the City or Assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. Sealed with our seals and dated the . . . .. . . . . . . . . . day of . . .APR' * I*L .in the year of our Lord one thousand.nine hundred and. . . .E . . . . . . . . .. The condition of this obligation is such, that whereas upon the application made by . . .A. BERUBE. & .SON, INC: • • • • •to the City Council dated . . . . . . . . . . . . . . . . . . . . . . . . . . . .. a permit dated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . was granted to him to place and maintain an electrically illuminated sign that will extend more than two and one half feet from the face of the building to which it is affixed and which will overhang a portion of a public highway: Now the condition of this obligation is such that if the said . . . . . . . . . . . A.- DERUBF, I.NQ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . his heirs, executors, administrators, successors or assigns shall pay or cause to be paid to the said City of Salem all sums of money, costs and damages that the said City of Salem shall by due process of law or otherwise be compelled to pay as a result of any injury or damage caused to any person or property by reason of said projecting sign, then this obligation shall be void, otherwise it shall remain in full force. IN WITNESS WHEREOF we hereunto set our hands and seals this. . .lAtb . . . . . . . . day of. . . . . APRIL. . . . . . . .19, - 83. A. BERUBE & SON, I C. THE SIGN, COVERED BY . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Z & LOCATED, THE �AET "CASUALTY SURffY CO. THIS BOND, IS . . . . . . . . . . . . . . AT . . . 6. YARQ.STREET . . . . . . . . . . . BY: TERESA SLAGER ATTORNEV IN FACT. . SALEM, MASS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiration Date .rcowntb ;y fQi# oftt1em, ttssttcljuse##s Paurb of hmal DECISION ON THE PETITION OF PHILIP H. BERUBE (PETITIONER) , PETER WOURALIS (OWNER) FOR VARIANCES AT 40 BOSTON ST. (R-2) A hearing on this petition was held March 15, 1989 with the following Board Members present: James M. Fleming, Chairman; Messrs. , Bencal, Luzinski, Strout and Nutting. 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 variances from use and parking to allow the propert to used as a retail paint, wallpaper, decorating accessories and window treatment The property is located in an R-2 district and is owned by Peter Wouralis, the petitioner is under a Purchase and Sale Agreement and was represented by Attorne Anthony J. Turco. The Variances which have been requested may be granted upon a finding of the 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 structures 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: 1 . Business and residential neighbors were in favor of the proposal; 2. The business generally serves 15 to 30 minute customers which will not have a serious impact of the neighborhood and the parking situation; 3. The building is a commercial building in structure and it would not be feasible to use it for residential use. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the subject property but not the district generally; 2. Literal enforcement of the Ordinance would work a substantial hardship on the petitioner; 3. The Variances requested can be granted without substantial detriment and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance.