138 CANAL STREET - GAUTHIER, ROLAND - ZBA 138 Canal St. (I)
Canal St. Realty Trust
Roland Gauthier Tr.
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DECISION ON THE PETITION OF CANAL STREET REALTY TRUST FOR
VARIANCES AT 138 CANAL STREET (I)
A hearing on this petition was held January 17, 1990 with the following Board
Members present: James Fleming, Chairman; Richard A. Bencal , Vice Chairman;
Edward Luzinski , Richard Febonio and Associate Member Peter Dore. Notice of
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, requests variances to allow more than one
building on the lot at 138 Canal St. , zoned Industrial , to allow the building
to be used and maintained for a Subaru vehicle franchise. The variances
requested �a e for minimum depthof (front yard, minimum width of side yard and
minimum depth of rear yard and1m3re than one building on one lot.
The variances which have 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 careful consideration of the evidence presented at
the hearing, and after viewing the plans that were submitted. makes the
following findings of fact:
1 . The property has been used for an auto dealership for many years.
2. No opposition was presented to the plan.
3. If not allowed, the petitioner would lose the Subaru dealership
franchise and this would be a severe economic hardship to the
petitioner and others.
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;
DECISION ON THE PETITION OF CANAL STREET REALTY TRUST FOR
VARIANCES AT 138 CANAL STREET, SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner meet all requirements of the Salem Fire Dept.
2. Petitioner obtain a Certificate of Occupancy for the new structure.
3. All construction be done as per existing City and State Building Codes.
4. All construction be done as per the plans and dimensions submitted.
VARIANCES GRANTED
'RIchard A. Bencal , Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND. THE CITY CLERK
from thio de:.i;'on, it any, sha:l be made pursuant to Section 17 of
t:,^_ %Inss. General Lara, chapter 803• and 111101 be filed v.ith,n ,n rdays
C' 10 of f,I,-. ci ir,3 cecia:on in the office of 1'1el c tity (;`hrk.
C ci °)3. ° . ,.
i-tt Cake of 10 "o a copy of the
--::'!:cn of the G V CIS k fn it '_0 c ty 5 h- "'
.... . i q I :11 been fl'.•`d, or ihat, IF such app e_il h s h..an
i.,,: • •, _ =_n fi.;ntissed or Ccnied is record tithe : Essex
of Dc.d:, and indexed under the name or the
owner owner off record or
s Certificate of Titlo.
is recorded and noted on the owner'
BOARD OF APPEAL
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI, SR. TELEPHONE
JOHN R. SERAFINI.JR. 508-744-0212
JOHN E. DARLING 617-5812743
WENDY L.THAYER TELECOPIER
JOSEPH P. COLONNA 508-741-4683
January 8, 1991
Board of Appeals
City of Salem
One Salem Green
Salem, MA 01970
RE: Variances Granted to Property at
138 Canal Street, Salem
Canal Street Realty Trust
Gentlemen:
Please consider the enclosed application for extension of the
above referenced Variances granted by your Board for a period of
six (6) months from the effective date of that grant.
While the construction of a separate building to be devoted
exclusively to Subaru has been made a condition of the Petitioner's
Subaru franchise, the economy at present is not supportive of such
a large expenditure. Realizing this, Subaru has given the
Petitioner an extension of time for compliance with this
requirement, and the Petitioner, hopeful of an economic turnaround,
wishes to keep the Variances "alive" so as to be able to commence
building when the climate for development improves.
We would, therefore, respectfully request that this Board
grant an extension as provided in General Laws Ch. 40A, Section 10,
for an additional six (6) month period from the effective date of
the Variances granted for the property at 138 Canal Street.
Respectfully submitted,
JOHN R. SERAFINI, UUUUUSI�
Attorney for
Canal Street Realty Trust
JRS, SR. /ln
ofttlem, Cttss�ztk�use#ts Jia Z i 3 03
FILE):
vnrb of rzdiTY C' 3G
DECISION ON THE PETITION OF CANAL STREET REALTY TRUST FOR
VARIANCES AT 138 CANAL STREET (I)
A hearing on this petition was held January 17, 1990 with the following Board
Members present: James Fleming, Chairman; Richard A. Bencal , Vice Chairman;
Edward Luzinski , Richard Febonio and Associate Member Peter Dore. Notice of
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, requests variances to allow more than one
building on the lot at 138 Canal St. , zoned Industrial , to allow the building
to be used and maintained for a Subaru vehicle franchise. The variances
requested are for minimum depth of front yard, minimum width of side yard and
minimum depth of rear yard and more than one building on one lot.
The variances which have 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 careful consideration of the evidence presented at
the hearing, and after viewing the plans that were submitted. makes the
following findings of fact:
1 . The property has been used for an auto dealership for many years.
2. No opposition was presented to the plan.
3. If not allowed, the petitioner would lose the Subaru dealership
franchise and this would be a severe economic hardship to the
petitioner and others.
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;
DECISION ON THE PETITION OF CANAL STREET REALTY TRUST FOR
VARIANCES AT 138 CANAL STREET, SALEM
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner meet all requirements of the Salem Fire Dept.
2. Petitioner obtain a Certificate of Occupancy for the new structure.
3. All construction be done as per existing City and State Building Codes.
4. All construction be done as per the plans and dimensions submitted.
VARIANCES GRANTED
chard A. Bencal , Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
An^cel from thio c:.i on, if any, shall be made timsuant to Section 17 of
tSio Mass, Gon oral Lie;, Chanter SOS. and shall be filed vathm 20 days
r Y. c`.:�c of h`.'.r', cl tra ceci%:on in the office of the c
Ch��'ei 2i1S. °'coon 11. nie Variance
he ,i`l ,:h I: nul Like cit:cl u.nt 1 a Cory of the
r; ,ca OI h_ Gly Cl_ k lh It _) days h. :^
I:s been 1:7 d, or hat,[, li such apnea h hp,n _
_...;n :;.;mused or ;cnied is rcc_r iad in the , ,uth Essex
R.r C^, :ndindexed under the nome yr the owner o: record or
lis'.r'i of
is recorded and noted on the owner's Certificate of TWIG.
BOARD OF APPEAL