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197 DERBY STREET - BUILDING JACKET 1.97 DERBY STREET I °°- CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KINIBEIRIA') ueu[ui.l. 120AV.\siuul,lON Srar.r:r+ 8ni iv,AI:��>n�a iry':rrs 01970 111:978-745-9595 ♦ 1:\s:978-740-9846 VIOLATION NOTICE . PROPERTY ADDRESS 197 DERBY STREET July 2, 2008 Mr. Anil Mezini 197 Derby Street Salem, MA 01970 Dear Mr. Mezini: This letter is to notify you that placing tables and chairs outside of the Jaho Coffee Shop on the Derby Street sidewalk is a violation of Salem City Ordinance 38-7. You are hereby ordered to remove said obstructions immediately. While there is in Salem a procedure for permitting an Outdoor Cafe, that procedure only applies to the Salem Redevelopment District. 197 Derby Street is outside that District. Si e y, omas E. McGrath, AIA Assist3pyuilding Inspector/Local Inspector CC: e Iealth, Fire Prevention, Mayor's Office, Councilor Pinto RICHARD W. GRIFFIN, AIA ARCHITECT 4 Orne Square, Salem, MA 01970 (508)745-9448 January 31, 1992 Peter Nieman Marblehead Inc. - Pickering Wart 59 Wart Street P.O. Box 4522 Salem, MA -01970 Dear Peter: This letter is to confirm that the new toilet room at 197 Derby Street is designed to be used by employees only. As per the drawings, it is to be constructed in accordance with the American Disabilities Act guidelines for handicap accessibility. For an establishment of this size, it is not necessay for this toilet to conform to the Massachusetts Architectural Barriers Board 521 CMR provided that this toilet (and the existing toilet) is dedicated to employee use only. Because these toilets are not directly accessible from the retail portion of the tenant space, enforcement should not be a problem. Sincerely yours, __ Richard Griffi _ �1 (fit of Salem, a, u�rD of �l} 1[ 03 P11 '76 .r. CITY i;'.'S OFFICE SALEM. MASS OCTOBER 19, 1976 DECISION ON THE PETITION OF HERITAGE TRUST FOR VARIANCES FOR SIDELINE AND SET- BACK REQUIREMENTS FROM STREET AND PROPERTY LINES FOR THE PROPOSED CONSTRUCTION OF ELEVEN BUILDINGS AT. 197 DERBY STREET (B-5 DISTRICT) . Hearing on this petition was held on October 19, 1976 with Chairman John M. Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque, and Donald Eames present. Notices were duly mailed to abutters and others in accordance with Massachusetts General Laws, Chapter 808. Attorney Barry Plunkett represented the petitioner before the Board. He stated that the complex will contain cormercial, residential and a theatre, and the variances requested are as follows: 1. To permit construction of Building F, as shown on Site Plan filed with variance petition, (combined Residential and non-Residential use) within fifteen (15) feet of Derby Street, ( 2. To construct buildings A, K, and L, as shown on said plan, (combined Residential and non-Residential use) within 30 feet of abutting property lines. The petitioner stated that a study had been done and plans drawn up according to the study to make the best use of the land, commercially and astheticly. The land is abutted on one side by the water. The petitioner further stated that the side line and set back requirements from the street and property lines as required by the Salem Zoning Ordinance would restrict developable portion of the land and would thus render the buildings inconsistent with the surrounding structures and the architectural character. The Board voted unanimously to grant the variances as requested. , The Board found that the property was unique because of its size and location. The Board found that a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship. The Board further found that it could grant the relief requested without any detriment to the public good, and with- out derogating from the intent and purpose of the Zoning By-Law. It was found that the granting of the variances would be to the benefit of the City of Salem. GRANTED. - APPEALS FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASSACHUSETTS GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TFIENTY DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. VARIANCES GRANTED HEREIN SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTIFICATION OF THE CITY CLERK THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT IF SUCH AN APPEAL HAS BEEN FILED IT HAS BEEN DISMISSED OR DENIED AS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED IN THE GRANTOR INDEX UNDER THE NAME OF THE OWNER OF RECORD, OR RECORDED AND NOTED IN THE OWNER'S CERTIFICATE OF TITLE, SALEM BOARD OF APPEAL, BY �Secre ary 4