220 CANAL STREET - GOODMAN, CARL - ZBA Carl Goodman (g_2)
220 Canal Street
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DECISION ON THE PETITION OF CARL D. GOODMAN FOR A VARIANCE C<EOR
AT 220 CANAL STREET (R2)
A hearing on this petition was held December 7, 1994 with the
following Board Members present: Stephen Touchette, Chairman; Gary
Barrett, Nina Cohen Albert Hill 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 is requesting a Variance for a change in use for the
property located at 220 Canal Street.
The Variance which has 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 or 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.
d. Speaking in favor of the petition:
Peter Carter - Real Estate Broker;
Crown Goodman.
e. Speaking in opposition to the petition:
Darius & Donna Matczak, 224 Canal St.
James & Jane Gammon, 212 Canal St.
Stella Tardiff, 222 Canal St.
George & Doris Beauregard, 216 Canal St.
William & Helen Dixie, 222 Canal St.
Oscar & Yvette Ouelette, 218 Canal St.
Collette Corny, 226 Canal St.
William Fiore, 226 Canal St.
Laurie Anderson, 222 Canal St.
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. Special conditions do not exist which especially affect the
DECISION OF THE PETITION OF CARL D. GOODMAN FOR A
VARIANCE AT 220 CANAL STREET (R-2)
page two Be /9
subject property and not the district in general. C/ryOF / 3S P# 'o
2. Literal enforcement of the provisions of the Zoning Orddf �(F 9y
would not involve substantial hardship to the petitioner. ," S pFf-1 H4
CE
3. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the Ordinance.
4. The opposition to the Variance from residents on both sides of
220 Canal Street.
Therefore, the Zoning Board of Appeal voted 0-5 in opposition to the
motion to grant the Variance, having failed to garner the required
votes to pass, the motion is defeated and the petition is denied.
VARIANCE DENIED
December 7, 1994
Albert C. Hill, Jr.
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 MGL 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 MGL 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 PASSED 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