17 CANAL STREET - KNIGHT, HARRIS S - ZBA 17 Canal St. g_5
Harris S. Knight _
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DECISION ON THE PETITION OF HARRIS KNIGHT REALTY CORP. FOR A VARIANCE AT
17 CANAL STREET (B-5)
A hearing on this petition was held on March 7, 1990 with the following Board
Members present: James Fleming, Chairman, Richard Bencal, Vice Chairman,
Messrs. Richard Febonio, Edward Luzinski and Peter 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.
The petitioner is requesting a variance to allow distribution of restaurant
supplies at 17 Canal Street.
The Variance which has 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 consideration of the evidence presented at the hearing,
and after viewing the plans, makes the following findings of fact:
1. No opposition was present.
2. Mr. William Luster of the City of Salem Planning Department spoke in favor.
3. The variance would enhance the business growth of the City.
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 generally;
2. Literal enforcement of the Ordinance would work a substantial hardship on
the petitioner;
3. The relief requested 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.
l
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DECISION ON THE PETITION OF HARRIS KNIGHT REALTY CORP. FOR A VARIANCE AT
17 CANAL STREET (B-5)
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
relief requested, subject to the following conditions:
1. Petitioner must comply with all requirements of the Salem Fire Department.
2. Any and all renovations be done as plans submitted and by City and State
Building Codes.
3. Parking be maintained as per plans submitted.
VARIANCE GRANTED
Richard T. Febonio, Board Member
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 Mass. General Laws, Chapter 808, and shall be filed within 20 days
;.icer the date of filing of this decision in the office of the City Clerk.
-cant;a floss. General Laws, Chnnier 808, Section 11, the `variance
• reial Permit Granted herein sltiill rot take effect anti; a copy of the
rsion, bearing the certification at the City Clerk that 20 days have
d,-.pseci and no appeal has been filed, or that, if such appeal h_s heen
tiled, that it has been dismisseQ or denied is recorded in the So:;th Essex
Rege ry of Deeds and and noted Ian the ow
ner's ere Cerhe tificate a ofhTitle.ner of record or
BOARO OF AF?EAL
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ASSESSORS MAP 34
PLOT PLAN
17 CANAL STREET
SALEM BOARD OF APPEALS APPROVAL
SALEM , MASSACHUSETTS
SCALE : III= 201 FEBRUARY 26 , 1990
PARSONS AND FAIA INC.
480 LINCOLN AVE
SAUGUS MASS
0 20 40 60 80 w` 100
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