24 CONGRESS STREET - CLARKE, DONALD J - ZBA 24 Congress St, B-4
_ Donald J. Clarke
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DECISION ON THE PETITION OF DONALD CLARKE FOR A
VARIANCE FOR 24 CONGRESS STREET, SALEM
.85 ,G.; 23 P
1 8 with the following Board
A hearing on this petition was held January 9, 9 5 g
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, I.uzinski
and Strout. Notice of the hearing was sent to abuttersC$n� others and 'n�tices
of the hearing were properly published in the Salem Evening' News in accordance
with Massachusetts General Laws Chapter 40A.
Petitioner, owner of the premises, requests a Variance from use requirements
to allow him to sell alcoholic beverages on the premises looted in a B-4 district.
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 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 nullifying or substantially derogating from the
intent of the district or the purposes of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . The area is unique in the district due to the proximity of
Pickering Wharf;
2. An inability to serve alcoholic beverages would seriously hamper
t the owner's ability to make any reasonable profit and keep his
establishment open;
3. Again, due to the proximity of Pickering Wharf, a non-restaurant
business is ill suited for the location.
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 or circumstances exist which affect this lot and
which do not affect the district generally;
2. Literal enforcement of the Zoning Ordinance would work a substantial
hardship upon petitioner;
3. The variance requested can be granted without substantial detriment to
the public good, and without substantially derogating from the intent
of the district or the purpose of the Ordinance.
TECISION ON THE PETITION OF DONALD CLARKE FOR A
VARIANCE FOR 24 CONGRESS ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 to grant the
Variance requested.
VARIANCE GRANTED cc;
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Scott E. Charnas, Secretaryco
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNINq BOARD AND THE CITY CLERK
APPEAL FRO9l THIS DEGISIOX, IF ANY. SHALL BE MADE
PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LASS, CHAFF 352, AND SHALL BE FILED PfITHIN 20 DAYS AFTER THE DATE OF FILIiJG
OF THIS -'H- "'F-F-t OF THE CITY CLERK.
IA':S C![AP:FR 9'R, Sa.i L:N 11, THE VARIANCE OR SPECIAL PEP.'::IT
i CF EFFECT U'.1i4 A C%P'i OF THE E_CiStnl.;. BEA3IIJG THE CERT-
FIEATI ',i "i i -..cP_ '. i A:S Ht,- , -
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RECDRDI: N' UtE
itE ;i,.-5E OF THE DYPL^
OF RECORD OR IS RCCDRDED AND NOTED ON THE OWNER'S CERTIFICATE Or TITLE.
BOARD, OF APPEAL