175 FORT AVENUE - ZBA 175 Fort Avenue B-2
—' Lin-Baz Enterprises, Inc. 4 T
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peal
DECISION ON THE PETITION OF LIN-BAZ ENTERPRISES, INC. FOR A
VARIANCE FOR 175 FORT AVENUE (B-2)
A hearing on this petition was held March 7, 1990 at with the following Board
Members present: James Fleming, Chairman, Messrs. , Bencal , Febonio, Luzinski
and Associate Member Dore. 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, owner of the property, is requesting a Variance from density require-
ments to allow the construction of an addition to the front of Cappy's Fried Foods.
Property is located in a B-2 District.
The Variance which has been requested may be granted upon a finding by 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
land, 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 at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The petitioner owns the only building at the Salem Willows whose place of
business is set back from the lot line of the property.
2. The addition would protect petitioners customers in inclement weather
conditions.
3. The addition would allow the petitioner to remain open later in the year.
4. There was no opposition to the petition.
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 . 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.
r
DECISION ON THE PETITION OF LIN-BAZ ENTERPRISES, INC. FOR
VARIANCE AT 175 FORT AVENUE, SALEM
page two
3. 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions :
1 . The petitioner comply with all the requirements of the Salem Fire
Department relative to fire safety.
2. All construction must comply with the requirements of the Massachusetts
Building Code.
3. All construction be done as per the plans and dimensions submitted to the
Board of Appeal , dated 1/9/90 and intitialed by the Chairman of the Board.
The General Notes on said plan are incorporated into and are part of this
decision.
VARIANCE GRANTED / Ol
ichard A. Bencal , Vice Chairman
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 T7 of
the Mass. General Laws. Chapter 808, and shall be filed within 20 day! {
after the date of filing of this decision in the office of the city Clerk,
Pursuant to Mass. General Laws, Chapter 808,Section 11,the variance
or special Permit granted herein shall not take effect antil 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
Ise
Rgistry of Deeds and erecorded and noted len the dow errs certificate undethe name rowner of record or
of Intle
BOARD OF APPEAL
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FAL PH \;?
s:a WI_LIAM
29412 J�
io 00' 7 CERTIFY THAT THE BUIL PING
15 L OCA TEP AS SHOWN. "
JOHN J. CAMPBELL, TRUSTEE
N 50'-38'-17°
CAMPBELL REAL TY TRUST
E
25.50'
JOHN J. CAMPBELL, TRUSTEE ti� ti0
CAMPBELL REALTY TRUST
LOT BI m
1,252► S.F.
3 W
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C. CONCRETE &OCK
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1 INCH = 10 FEET
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30.03' B,4YVIEW AVE. ----�
S 47'-48'-23" W SALEM, MASS.
PLAN OF LAND PREPARED FOR.'
FORT AVENUE
LIN-BAZ ENTERPRISES INC-
y
REID LAND SURVEYORS
PEED REFERENCE. 365 CHA THAM ST. .. L YNN, MA .
BOOK 6235 PAGE 237
PLAN REFERENCE.'
121 OF 1976 SCAL E 1 "=10 ' NOVEMBEf7 5, 1989
"R99 135"
89-12
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i GENERAL. NOTES:
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-------------- -- I All work to be done in accordance with State and Local
—. •
EXISTING STORAGE OILET Building Codes,
\ Each Contractor and Sub-Contractor shall be required to
a visit the site, and to examine existing building
conditions and become familiarized with all conditions
which in any way will effect his work.
Existing conditions which vary from drawings shall be
noted to Engineer and/or Architect.
General Contractor to restore any damage work to
a
EXISTING { =
existing condition at contractors cost.
PREP. AREA
1 2uµT W,kivew NLaIL Patch and repair to existing condition any and all
GouN�rL � ¢ ea GuMPu�%f existing walls, floors, and ceilings etc, at any area
within existing structure where work has been done.
All contractors shall be responsible for all permits and
fees.
All work and material shall be guarantee for a term of
EXIT ,;� I" (mol.LJ t4 t-I �j PO�ar� one year.
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All contractors shall provide certificate of insurance
acceptable to owner.
EXISTIN G PREP, AkEA NEW STAN
Contractors must remove all debis from site at his cost,
UP COUNT RS The work at all times shall be kept clean and debris
IS �" shall not accumulate.Provide dust screens to protect
existing roomc and spaces.
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PLAN - ELEVATION DETAILS
EXIT I CAPPY ' S
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dTTP SALEM MA. 01970
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SECTION 107 EASTERN AVENUE LYNN, MASSACHUSETTS 01902 : I / 19 / �0 SCALE . AS NOTED
'/0 ' 1. (617) 592-6219 DATE
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ELEVATION L4P1i-h
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GENE&M NOTES:
EX STIN 3'1�' av�QµaN�
O ILE T —_ - - - -All work to be done in accordance with State and Local
EXISTING STORAGE Building Codes.
Each Contractor and Sub-Contractor shall be required to
r visit the site, and to examine existing building
conditions and become familiarized with all conditions
which in any way will effect his work.
I ) �I I Existing conditions which vary from drawings shall be
Fj l__J !J noted to Engineer and/or Architect.
=% E X S T N G General Contractor to restore any damage work to
existing condition at contractors cost.
a PREP. AREA ��Mv✓r� �x hr��
F¢jµr Ix1iu gout v"L-L Patch and repair to existing condition any and all
Gdulurf,2 a¢ ea GuMPLvf existingwalls, floors, and ceilings etc. at any area
within existing structure where work has been done.
All contractors shall be responsible for all permits and
fees.
lAll work and material shall be guarantee for a term of
one' year.All contractors shall provide certificate of insurance
acceptable to owner.
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-
Contractors must remove all debts
from site at his cost.EXISTN GPREP. AkEA EW STANDUP COUNTERS
RS The work at all times shall be kept clean and debris
IZ fi" shall not acctimulate.Provide dust screens to protect
existing roomc and spaces,
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NEW WINDOW AREA -
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PLAN ELEVATION DETAILS G
EXIT �Y -d �a „ CAPPY ' S
1 - - - - - - - - - - - - - - - - - - - - + 2"5 iZvns ruP
- - 7 �.o 175 FORT AVE .
SALEM MA. OI970
o���� µti�� _ . . I�err�M _ Masone And Company
" 107 EASTERN AVENUE LYNN, MASSACHUSETTS 01902 SCALE AS NOTED
PLAN SECTION � -c; 3i f�
��� 1, �,, 1t ' ; - (617) 592-e219 DATE : 1 119 / 90