143 CANAL STREET - POWERS, THOMAS - ZBA (2) 143 Canal St. B-4
Pub Realty Trust
Thomas Powers
(gitg of 'Salem' fflassuchusetts
Opt
PnxrD of & ppetsl �M
FILE
DECISION ON THE PETITION OF PUB REALTY TRUST FOR VARIANOWYCLcxr r6Lry.N�;¢
AT 143 CANAL ST.
A hearing on this petition was held on September 17, 1986 and suspended to
September 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.
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 frot
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 he first floor remises at 143 Canal St. for two (2) additional
Va � p
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;
petitioner obtain all necessary building 3. Thatthep y germits and P
occupancy permits for each unit from the Building Inspector.
VARIANCES, AS MODIFIED, GRANTED
ames M. Fleming, Esq. , Wmber
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 V"!&
GENERAL LAWS. CH::PTER 808. AND SHALL BE FLED V7RHIN 20 DAYS Ar7ER THE DATE OF FiLCiU
OF This Dc_CISIJN IN THE OFFICE_ OF THE CITY CLEM
P---SANT TO "AES. CE'iERA' t^iYS. CHAPTER 808, SEOTI-;4 !1. THE Yn2:a- CE OR SPEO'AI. PE^.'.'.'T
E c,y�- c- ^:i' THE -RT-
Src 1lTED HESEC;. SIIUL N7: T%'r EFFECT UNTIL A COPY OF THE-'E =`
FI CdTICF! UEL
CITY CLRiHA. 20 GAYS HA'vE ELAPSED HS:S F
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CR THAT. IF SHA.! APPAH!� CEEii FILE, THAT IT DnaMEfCR CE�,•:c_D IS
RECuhDE✓ IN THE S:;U H ESSEX ,ESISTRY OF CEECS ANO Rd DEXED UNDER THE IlA�::E OF THE DICii E_I
OF RECORD OR IS,RECOROED AND NOTED ON THE OW'NER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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143 CANAL S ULT.
SALEM, MA
ROBERT ZERELLI, ARCHITECT