277 CANAL STREET - CAPPUCCIO, JOHN & BERTHA - ZBA 277 Canal St. (I)
John & Bertha Cappuccio
Owners/petitioners
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DECISION ON THE PETITION OF JOHN & BERTHA CAPPOCIO
FOR A SPECIAL PERMIT FOR 277 CANAL STREET
CITY Cl.-I m`i OFFICE
SA_t,., „s,-
A hearing on this Petition was held on January.-5, 1983 with the following Board Members
present: James Hacker; Chairman; Messrs. Hopper, Piemonte, and Associate Member Luzinski
Notices of the hearing were sent to abutters and others and a notice of the hearing was
published in the Salem Evening News in accordance with Massachusetts General Laws Chapter
40A. _
The Petitioners have requested a Special Permit to expand the nonconforming structure nt
the site. The site was last used as a gas station. The existing structure on the site
has been there for a number of years and is a pre-existing non-conforming structure
in the following three categories: minimum lot area; minimum front yard, and minimum side ya
The Petitioners wish to alter the existing structure in order to permit them to operate
a package store on the premises in accordance with the plans submitted to the Board.
The Petitioners have therefore requested a special permit as to Minimum lot area;
Minimum front yard and Minimum side yard requirements and use. -
The provision of the Salem Zoning Ordinance which we deem to be applicable to
this request for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in
this Ordinance, the Board of Appeal may, in accordance
with the procedure and conditions set forth in Section VIII
F and IX D, grant Special Permits for alterations and
reconstruction of nonconforming structures, and for
changes, enlargement extension or expansion of nonconforming
lots, land structures and uses provided that such change. . .shall not
be substantially more detrimental than the existing nonconforming use
to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests, guided by the
rule that a Special Permit may be granted upon a finding by the Board that the grant of
the Special Permit will promote the public health, safety, convenience and welfare.
,
The Board, after considering the. evidence. at the hearing on this matter, makes the
following findings of fact:
1. The Petitioners' proposed addition to the site will improve the appearance of the
area.
2. The proposed addition will not be substantially more detrimental to the area than
the prior use of the site as a gas station.
On the basis of the above findings of fact, and on the evidence presented at the
public hearing, the Board of Appeal finds (i) that the proposed use of the property
will not be substantially more detrimental than the existing use to the neighborhood,
(ii) that the proposed use of the property will promote the public health, safety,
convenience, and welfare and (iii) that the proposed use of the property is in harmony
with the Salem Zoning Ordinance. Accordingly, the Board unanimously approved the granting
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'83 A46-PIG:11
DECISION ON THE PETITION OF JOHN & BERTHA CAPPUCIO CITY CLERK'S OFFICE
FOR A SPECIAL PERMIT FOR 277 CANAL STREET SALEM PIAS
January 3, 1983
Page 2
of a Special Permit to the Petitioners,
The Special Permit is therefore granted in accordance with the following terms and
conditions:
1. Petitioners may, in accordance with plans submitted to the Board,
construct a 28' x 28-1/2' addition to the structure at the site.
2, ' Petitioners shall submit a plan to the City Engineer for
automobile access to and egress from the site. The City Engineer shall have
complete discretion as to requirements for automobile access and egress.
3. A Certificate of Use & Occupancy shall be obtained before using the proposed addition.
4. Petitioners shall plant and maintain greenery as shown on the plans submitted to
the Board.
5. Fourteen parking spaces (not including the delivery area) , all in accorance with
the City's zoning ordinance,shall be maintained at the site. The parking area
shall be paved and spaces sha;thony
ed.
M. Fe erry
COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAPS, CHAPTER. 808. AND SHALL 0E FL f7 AN'i HiN 20 DAYS AFTER WE DAVE OF FILING
OF THIS DECISION IN THE OFFICE= Of THE CITY CLERK. -
PUR.,. N P) MKT. GENIERAL 1A4' (. 7TLR JB, SECTI`f1 11, THE VAR:A E OR ` °"R.AT
GRA`V;EJ N:'tEIP� SHALL PiOl T . r EiEOT JI-L A COF OF -.'I-F-
FICgTLIN OF THE CIiY CLE 31r . '0 DA`I: HPVE A:i)
OR THAT, If S;ICH R. APPEAL HAS BEEN r L E HAI IT HAS EMI C s 1 'D OR DI-N is
RECORDED IN THE sOJTH ESSEX REGISTRY OF DEEDS AND INDEXED -H DEN THE FiA'!E OF THE 0471.`."
_ OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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