COLONIAL ROAD - ZBA Colonial Rd. (I)
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CITY CLERK,SALEH.HASS.
DECISION ON THE PETITION OF HAMBLEP & HAYES 00. FOR A
VARIANCE AT ODUJNIAL RD (I)
A hearing on this petition was held on April 29, 1987 withe the following Board
Members present:James Hacker, Chairman; Messrs., Bencal, Fleming, Luzinski, and
Strout. 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 the
Massachusetts General Laws Chapter 40A.
Petitioner requests a variance from minimum setbacks to allow constriction of a
solvent tank storage and packaging building on an existing containment dike in
this I zone.
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 and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner; and
c. desirable relief may be granted without substantial detriment to the
public good and without nullibying or substantially derogating from
the intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and
after viewing the plans, makes the following finding of fact:
1. The proposed addition is in harmony with the petitioners present
business.
2. No support or opposition was voiced at the hearing.
3. The proposed project would have close proximity to an existing
rail siding.
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,
2. The Variance can be granted without substantial detriment to the
public good and without substantially derogating from the intent
and purpose of the Ordinance.
DECISION ON THE PETITION OF HAMBLET & HAYES OD, . FOR A
VARIANCE AT OOLONIAL'RD (I)
PAGE 2
Therefore, the Zoning Board of Appeal voted 4 - 1 (Mr. Hacker opposed) to
grant the variance requested subject to the following conditions:
1. All conditions and concerns of the Salem Fire Dept. must be adhered to;
2. Approval must be given by the Salem Board of Health;
3. All construction be done as per plans submitted;
4. A legal building permit be obtained.
VARIANCE GRANTED
Richard A. Bencal, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
S.9f.:_L EE ....`_^i PUFS:"J TO SECTION 17 i,F
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OF REURO 6k to CERTIFY ATE CIF (TILE.
BOARD OF APPEAL