120 CANAL STREET - FREEDMAN, ARTHUR B - ZBA �~ 120 Canal St. (I)
Arthur B. Freedman
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(Eitu of Salem, cfflttssadjusetts
Paura of '4pud
DECISION ON THE PETITION OF ARTHUR B. FREEDMAN FOR
A SPECIAL PERMIT FOR 120 CANAL ST. , SALEM
Nov 26 2 i4 FM '85
A hearing on this petition was held November 13, 1985 with the following Board
Members present: James HackeMtF Chairman; Messrs. , Gauthier, Luzinski, Strout
and Associate Member Bencal, Acting Secretary. Notice of the hearing was sent to
abutters and others and notiodi-cif 46AJAP4MW4qere properly published in the
Salem Evening News in accordance with Massachusetts General Laws Chapter 40A.
Petition requests a special permit to all a Veterinary Clinic/Hospital in
this Industrial (I) district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for alterations
and reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures, and uses,
provided, however, that such change, extension., enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit may be granted upon a finding by the
Board that the grant of the Special Permit will promote the public heatth,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after hearing the evidence presented at the hearing and
after viewing the plans,makes the following findings of fact:
1 . Opposition to the •plan was appeased after petitioner explained
the plans in detail and agreed to the requests of the opposition;
2. The plan, as agreed to, will not substantially affect the health,
safety or welfare of the neighborhood.
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 . Petitioners plan will not be substantially detrimental to
the public good;
2. The plan does not substantially derogate from or nullify the intent
and purpose of the Ordinance.
_ s DECISION ON THE PETITION OF ARTHUR B. FREEDMAN FOR
A SPECIAL' PERMIT FOR 120 CANAL ST. , SALEM
page two
Therefore the Zoning Board of Appeal voted unanimously 5-0 to grant the relief
requested, subject to the following conditions:
1 . Prior to a Building Permit being issued, the property must
meet the requirements of the Salem Fire Department ,as to
cleanliness, trash, rubbish, etc. ; i
2. The property must meet all Salem Fire Department approvals for
the installation and use of smike and fire detection equipment;
3. No pets shall be exercised outside, nor shall they be sheltered
outside of the building;
4. The kennel area must be sound isolated from the outside with the
appropriate STC rating;
5.., No incineration of trash or carcasses .is to be allowed on the
premises;
6. A Certificate of Occupancy must be obtained.
SPECIAL PERMIT GRANTED
Richard A. Bencal, Acting Secretary
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 h15S5.
CENERrL LAWS, CHAPTER CO3, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILIi;u
GF THIS DECISION IN THE OFFICE OF THE CITY CLERK. c.— _
PUDSAN7 TO MASS. GEi7ERAL LASTS. CHAPTER 303, SECTION 11, THE VARIANCE OR =„^T
CRAVED HEREIN, SHALL NOT TA!(E EFFECT UNTIL A COPY OF THEDECISIGN. BEARING THE: ='T'
FICATI;N OF THE CITY CLER: THAT 20 DAPS HAVE ELAPSED AND NO AFPEAL HAS BEE” FILED,
OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS BEEN DISwISSED OR D<.NIED IS
SX OF BECORO INTHE
IS RS CERTIFICATE OF TITLE.
SOUTH E RECORDED ANDRNOTED ONFTHECGYi DDS ANINDEXED UNDER THE ^A�E OF THE CIYi EIc
BOARD Of APPEAL
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