143 CANAL STREET - POWERS, THOMAS - ZBA 143 Canal St. B-4
Pub Realty Trust
Thomas Powers, Tr.
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DECISION ON THE PETITION OF PUB REALTY TRUST FOR VARIANCWYCLi, ,;
AT 143 CANAL ST.
A hearing on this petition was held on September 17, 1986 and suspended to
Sep.tember 22, 1986 with the following Board Members present: James Hacker, Chairman;
Messrs. , Fleming, Bencal, Strout and Luzinski. 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, represented by -Thomas Powers, Trustee, requested a Variance so that
the first floor of the building located at 143 Canal St. could be used as four (4)
apartments. The petitioner further requested a Variance from the requirements of
on site parking, ,as required by the Ordinance. The property is located in a B-4
district.
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; 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 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 No opposition was presented to the plan, except as to the number
of units.
2. Petitioner has made a good faith effort to lease the premises as a
pub, but has been unsuccessful;
3. The property, as large Pub/Restaurant . is unique to the district;
4. The only financially viable use of the premises, particularly given
the overall problems of the existing small businesses in the area,
is as a multi-residence building;
5. Four (4) additional units would impact the area too severely, but .
two (2) additional units would not have such an impact;
6. Such a use,would provide additional affordable housing in the area,
promoting the best interests of the City.
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DECISION ON THE PETITION OF PUB REALTY TRUST FOR
VARIANCES AT 143 CANAL ST. , 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 follows:
1 . Special conditions exist which especially affect this property but do
not generally affect other lands, buildings and structures in the same
district;
2. Literal enforcement of the Zoning Ordinance would involve substantial
hardship to the petitioner; and
3. The relief requested 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 Zoning Board of Appeal voted 4-1 , Mr. Hacker opposed, to grant a
Variance to use the first floor premises at 143 Canal St. for two (2) additional
apartments and to grant a Variance from the requirements of on site parking, as
required by the Ordinance; provided that:
1 . All the requirements of the Massachusetts State Building Code
be adhered to;
2. All the requirements of the Salem Fire Department relative to
fire prevention be adhered to;
3. That the petitioner obtain all necessary building permits and
occupancy permits for each unit from the Building Inspector.
VARIANCES, AS MODIFIED, GRANTED
ames M. Fleming, Esq. , r� mber
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
GENERAL LAVJS, CHD..PTER BOE. AND SHALL BE FILED WITHIN 20 DAYS ATTER THE DATE OF Fi J;:G
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PoBSANT 10 S'A:S. CE 7RA'_ t?ii S. CHAPTER M. SEOTI;N '_1, THE VARIA"E CR SPECIAL P`^.."J.!T
' r 1T.ED F:CREI`,.
SE41-L t- T ':E EFFECT UNTIL A COPY OF TH° M3" THE
F411LN OF FH_ CITY Ct'R YHA! 20 LAYS HAr'E ELAPSED " *PEAL H S F '�_b,
;R THAT. IF SL'CII A;i APF'-A; W! BEE% FILE, THAT IT XrS 5EEN uo':wFEJ ER EBaEO IS
RECORDED IN THE SJU"iH ESSEX ".E'ISFRY OF DEEDS AND INDEXED UNDER THE IIA.:E OF
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIMCKFE OF TITLE.
BOARD OF APPEAL ,
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DECISION ON THE PETITION OF PUB REALTY TRUST FOR VARIANCE
FOR 143 CANAL ST. (B-4)
A hearing on this petition was held July 16, 1986 with the following Board Members
present: James Hacker, Chairman; Messrs. , Bencal, Fleming, and Luzinski.
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 is requesting Variances to allow four apartments and a variance from
minimum parking requirements in this B-4 district.
At the request of petitioner's Counsel the Board of Appeal voted unanimously,4-0,
to allow petitioner to withdraw without prejudice.
WITHDRAWN
V/0ames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
AFP ;P^" T`.iS DP`:ISIDtr', I' 0211'. SH4LL
RE -.!ADE PUPSUHNT TO SECTION 17 )A THE IFILIN
Cb' ..z cn:�L 5 r d'''.ifJ 'D DAYS Af1ER THE DATE OF FILING
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PROPOSED FIRST FLOOR UNITS
143 CANAL- STREET
SALEM, MA
ROBERT ZARELLI ARCHITECT