142-146 DERBY STREET - BUILDING JACKET � ' 142-1'4'6 DERBY STREET
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DECISION ON THE PETITION OF.JENNIFER & JONATHAN REARDON
FOR VARIANCES AT�142 DERBY STREET -� (B-1)
A hearing on this petition was held May 18, 1994 with the following Board
Members present: Stephen Touchette, Acting Chairman; Stephen O'Grady, Gary
Barrett, Albert Hill and Associate Member Nina Cohen. 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.
Petitioners, owners of the property, are requesting Variance from parking
to allow the use of the first floor of the building as a retail use. in
this B-1 district.
The Variance which has been requested may be granted upon a finding by this
Board that:
1. 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. 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. There was no opposition to the petition.
2. Two people spoke in favor of the petition.
3. The first floor of the property was formerly used for business.
4. The petitioners will be selling gift items, greeting cards, etc.
J. Petitioners will -rely on walk-by pedestrian traffic.
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DECISION ON THE PETITION OF JENNIFER a JONATHAN REARDON FOR A
VARIANCE AT 142 DERBY STREET, SALEM
page two tri
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On the basis of the above findings of fact, and on the evidence presented-y
at the hearing, the Board of Appeal concludes as follows:
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1. Special conditions exist which especially affect the subject property
but not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the petitioner.
3. Desirable relief can 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
3 A Certificate of Inspection is to be obtained.
Variance Granted /
May 18, 1994
Stephen Touchette, Acting Chairman
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 Massachusetts General Laws 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 Massachusetts General Laws 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 elapsed 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
Old Salem Investments, tne.
doing business as "In a Pig's,`Eye" Restaurant
146-148 Derby St
Salem, Mass.
September 15, 1972
Building Inspector
City of Salem
Salem, Mass .
Dear Inspector,
We hereby apply for a ,permit of temporary occupancy
for the buildings 146-148 Derby St.We would like to have
JO days begginning Sept. . 16,` 1972,:.to,. operate a restaurant
and bar.
Th6:m3Q'days will give us ample time to complete the
improvements -which are required bylaw. these include an
exhaust Auct system for the kitchen appliances, electrical
contaotors,gas shut off valve, and a fire extinguishing
system. We expeot-this work to be°oompleted and ready ,for
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inspection within 10 days,
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very truly yours,
4 ,
jlf d R. Shrigley
Old Salem investments, Inc.
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3HaniefM. 0'Prien, 3c, '$apt. October 31 , 1972
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Genevieve Kobuzzi.ewski_ ,`k.
41 Liberty Street .
Danvers , Mass .
Dear Madam: Re-144 Derby Street,
On Mav 8 , 1972 an application for a permit to reshingle the side
and back of a house at 144 Derby Street and to rebuild an existing porch
at the same location was received in this office and a permit was issued
to permit such work.
Please bring to this office two plot plans and two sets of working
plans for this project as I find that the porch has been extended farther
to the rear than the original porch, and not in keeping with the applica-
tion you presented for a permit to remodel.
Kindly come to this office as *oon as possible as this matter shall
have to be resolved with no further delay. I shall be in the office at
5 Broad Street from 8 :30 to 10:00 A.M. each day, and from 12:30 to 1 :30
P.M.
Very truly yours,
DJOB:c c L�
Inspector of u ldings
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