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130 CANAL STREET - GALLIEN, DARLENE - ZBA 130 Canal St. B-2 Darlene Gallien= U v L� M� . a �-� _., � � ���� ��' � � �� �1��w � � -,-1 rte e ♦ Y A CA r {• fr; ( a rA � 1 1 ? y= i • A , w _ a •; y}3 � A c , w r } 'w c , r fY , Y. iAt. gig, T 44, y ; 1\4 ll 4 ` �\� t' © M« . ! , , : z:. - . , - . .. . . - \ $ . \ � , • //2 / \' l , ,41 /: S ^ � � � � • ( f »�/ . ■� � � \ . \ � Ya:1 if -\ IX K h yy F \ RA F \ F w Ctu of $Ulem, 'Tassadjusetts 3s �nnra of ��ezcl SEP 1 8 29 Q!j `S4 CITY DECISION ON THE PETITION OF DARLENE GALLIEN FOR VARIANCES AT 130 CANAL STREET (B-2) i A hearing on this petition was held August 17, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, Nina Cohen and Associate Member Arthur Labrecque. 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 variances from front and side setbacks to allow construction of a greenhouse, plant patio and stairs in this B-2 district. The Variances which have been requested may be granted upon a finding by this Board that: 1. 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 involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 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. Petitioner owns a commercial building at 130 Canal St. in a B-2 zone where an equipment rental business is currently located. Petitioner intends to set up and operate a retail fruit and flower market in this building. 2. The petitioner seeks a variance to allow her to install a greenhouse on the Canal Street side of the property, and to erect a stairway and plant patio at the building's front entrance. 3. The petitioner submitted a letter signed by the abutters and other Canal St. business operators in support of the petition for variance. 4. There was no opposition to the petitioner's request. DECISION ON THE PETITION OF DARLENE GALLIEN cj FOR VARIANCES AT 130 CANAL STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follow SW ii f$2N 1H 14 1. Special conditions exist which especially affect the subject property but not the district in general. ICITYUFlftSIS GLER'R'S :OlT-:[C"E 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. 5. Petitioner shall make every effort to put into effect the addition of parking spaces on the northern border of the property. 1 Variances Granted �N August 17, 1994 -1 ( pkv a V. Colfen, Member Board of Appeal 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until 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 Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal (f itg of . $Ulem, 4massadjusetts M 16uara of Appeal SEP 8 29 4# `9�1 CITY 0- DECISION ON THE PETITION OF DARLENE GALLIEN CI.FnK'n� -Fl( S FOR VARIANCES AT 130 CANAL STREET (B-2) A hearing on this petition was held August 17, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, Nina Cohen and Associate Member Arthur Labrecque. 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 variances from front and side setbacks to allow construction of a greenhouse, plant patio and stairs in this B-2 district. The Variances which have been requested may be granted upon a finding by this Board that: 1 . 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 involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 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. Petitioner owns a commercial building at 130 Canal St. in a B-2 zone where an equipment rental business is currently located. Petitioner intends to set up and operate a retail fruit and flower market in this building. 2. The petitioner seeks a variance to allow her to install a greenhouse on the Canal Street side of the property, and to erect a stairway and plant patio at the building's front entrance. 3. The petitioner submitted a letter signed by the abutters and other Canal St. business operators in support of the petition for variance. 4. There was no opposition to the petitioner's request. DECISION ON THE PETITION OF DARLENE GALLIEN FOR VARIANCES AT 130 CANAL STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follow MH1H $0 1. Special conditions exist which especially affect the subject property but not the district in general. CITY`OTU4M- m,.`MwSIS CL-ER K"S'OTF I CE 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. 5. Petitioner shall make every effort to put into effect the addition of parking spaces on the northern border of the property. Variances Granted y� .� August 17, 1994 /�{jj«' CorV �hna V. tten, Member Board of Appeal 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 Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until 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 Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal