94-96 BOSTON STREET - SPANIOS, STEVE - ZBA Boston St. B-2
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DECISION ON THE PETITION OF STEVE SPANIOS FOR A CITY L' `;'j CFFICE
VARIANCE FOR 94-96 BOSTON ST. , SALEM
A hearing on this petition was held September 28, 1983 with the following
Board Members present: James Hacker, Chairman; Messrs., Charnas, Hopper,
Luzinski and Piemonte. Notice of said 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 Variance to allow him to build a greenhouse for his
floral business.
The Variance which has been requested may be granted upon a finding of the Board
that:
a. special conditions and circumstancesexist 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 in-
volve substantial hardship, financial or otherwise, to the petitioner; and
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 purposes of- the Ordinance.
The Board of Appeal having heard all the evidence presented at the hearing, and
after viewing the plan, makes the following findings of fact:
1 . No opposition was raised to petitioner's pian;
2. Due to the size, shape, and configuation of the lot, and considering
the needs of petitioner's business and the physcial requirements of
a greenhouse, the greenhouse requested would basically have to be
built in that part of the lot requested by petitioner;
3. The conditions referred to above especially affect this lot, and do not
generally affect other lots in the area;
4. If this Variance is denied, petitioner will lose a significant per-
centage of this floral inventory each year due. to weather conditions;
5• The presence of a greenhouse in this largely commercial and industrial
area would not be substantially detrimental to the area.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Zoning Appeal concludes as follows:
1 . Special circumstances and conditions exist which especially affect
the land and structure involved and do not generally affect other
lands or structures in the district.
, DECISION ON PETITION OF STEVE SPANIOS FOR A
VARIANCE FOR 94-96 BOSTON STREET
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would.
involve substantial financial hardship for petitioner;
3. The requested 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.
Therefore, the Board of Zoning Appeal voted unanimously to grant petitioner's
request for a Variance provided that:
1 . A new plan must be filed with the Board which reflects the true
location and dimensions of the proposed greenhouse, specifically - _
delineating the fact that the greenhouse will not be attached to._
the existing structure;
2. That, said plan also reflect the type of materials of which the
greenhouse will be constructed;
3. That said plan is approved by the City of Salem Fire Marshal; and
4. That a Certificate of Compliance be obtained for approved smoke
detectors at this location.
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Scott E. Charnas; Acting Secretary
APPEAL H�INd THIS DEC13,071, IF A:iY, PALL BE MADE PORSu APiT TO SECTION 17 OF;P
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
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