206 DERBY STREET - BUILDING JACKET 1rt • 206 DERBY. STREET
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Tit" of �ulem, ��Hussrztltusetts
3 9 bourn of Ap ral
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DECISION ON THE PETITION OF GARY H. PALARDY FOR A SPECIAL PERMIT ATC2
.DERBY STREET (R-2)
A hearing on this petition was held August 21, 1996 with the following
Board Members present: Gary Barrett, Chairman, Paul Valaskatgis, Richard
Dionne, Arthur LaBrecque and Albert Hill . 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.
Petitioner, owner of the property, is requesting a Special Permit for a
Change of Use from a Restaurant and Bar use to an Office use for the
property located at 206 Derby Street (R-2) .
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3(j ) , which provides as follows:
Not withstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4, 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, however, that such change, extension, enlargement or expansion
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 request 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 of the City's
inhabitants .
The Special Permit 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
involve substantial hardship, financial or otherwise, to the
petitioner.
J
DECISION ON THE PETITION OF GARY H. PALARDY FOR A SPECIAL PERMIT
206 DERBY STREET, SALEM.
page two
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 purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the plans, makes the following findings of fact:
1. There was no opposition to the petition.
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 in general.
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship on the petitioner.
3. The relief requested 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.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes. codes
ordinances and regulations.
2. All construction shall be done per the pians and dimensions submitted.
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to any construction.
5 . A Certificate of Occupancv is to be obtained.
6. A Certificate of Inspection is to be obtained.
Special Permit Granted
August 21, 1996 V Li < L ` �c Y C j
Albert C. Hill, 2r.
Member. Board of Appeal
arc
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE C1 TY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
MGL 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 MGL 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
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OMQgHfiL STREET PERMIT N° 140
'^ ✓C,g Offirr of J+nupator of Unilbing>3
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City all, 19 , `
Permission is hereby iven to —
to occupy for purposes
in front of estate h � � L _Wd. r
of sidewalk, o/ street.
'Chis permit is limited to I �G 19 9-� subject to the provisions
of the ordinances and statutes in relcWon to Streets and the Inspection and Construction of
Buildings ' e Cil alem. �
ct of Public Services Inspec of Buildings
Signature of Applicant
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It 4.19.65
The Hanover Insurance Companies
® The Hanover Insurance Company ❑ Massachusetts Bay Insurance Company
Bond NO. BLN160903B
LICENSE OR PERMIT BOND
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.+ a
KNOW ALL MEN BY THESE PRESENTS, that we, rnr}. Pnlarrly d/h/a Rtate street
RPildera of R9 Hull street. Reverly , MA
t
as Principal, and E�The Hanover Insurance Company (A New Hampshire Corporation) ❑Massachusetts--
C
Bay Insurance Company (A Massachusetts.Corporation) as Surety, are held and firmly bound unto
City of Salem as Qbligee, in the penal sum.
of --Twenty Thnngand nal 1 ars----------------- Dollars, good and lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, and our heirs,
executors, administrators, jointly and severally, firmly by these presents.
WHEREAS the said Principal has applied to said Obligee for a license to.open,OCc-upy,c-r-o5s- -by
vehic.LeS . and d. cert sai.n ,ppr,t;igp, ,qf. A. ,PV!DjJQ, sidewalk/berm, , , .
curbing , street or way in said city of Salem, MA
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall
faithfully observe and honestly comply with the provisions of all Laws or Ordinances of Obligee regulating
the business for which license is issued, then this obligation shall be void; otherwise to be and remain in full
force and virtue.
PROVIDED, THE LIABILITY OF THE SURETY upon this bond shall be and remain in full force
and effect for the full period of the license, and renewals thereof, issued to the principal above named, or
until ten days after receipt by the Obligee of a written notice signed by such Surety, or its authorized agent,
stating that the liability of such Surety is thereby terminated and canceled; and provided further, that
nothing herein shall affect any rights or liabilities which shall have accrued under this bond prior to the date
of such termination.
Signed, sealed and dated the . Twenty -f irst • • • • • • day of . J.une. . . . . . . . . . . . . . . . 199.6 . .
Principal
(Seal)
By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1:1 THE HANOVER INSURANCE COMPANY ._
❑ M ACHUSETT BI SU ANCE COMPANY _
By . . . . . .
Elaine K. Landry Attorney-in-4act
Form 141-0761 (1/84) '
THIS POAR OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN iN'CEPEION DATE ALTEK 6/ 1/96.
I
The Hanover Insurance Company
POWER OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: ThatTHE HANOVER INSURANCE COMPANY,a corporation organized and existing
under the laws of the State of New Hampshire, does hereby constitute and appoint
— Leslie S. Ray, Richard P. Jones, Elaine K. Landry and/or David L. Ray —
of Beverly, Massachusetts and each is its true and lawful Attorney(s)-in-fact
to sign, execute, seal,acknowledge and deliver for, and on its behalf,and as its act and deed, at any place within the United States, or, if the
following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
— Any such obligations in the United States, not to exceed Five Hundred
Thousand and No/100 ($500,000) Dollars in any single instance —
And said Company hereby ratifies and confirms all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these
presents.
This appointment is made tinder and by authority of the following Resolution passed by the Board of Directors of said Company at a
meeting held on the seventh day of October, 1981, a quorum being present and voting, which resolution is still in effect:
'RESOLVED,That the President or any Vice President, in conjunclion with anv Assistant Vice President,be and they are hereby authorised and
empowered to appoint Attorneys-in-fact of the Company,in its name and as its acts,to execute and acknowledge(or and on its behalf us Surety any and all
bonds,recognizances,contracts of indemnity,waivers of citation and all otherw-ritings obligatory in the nature thereof,with power to attach thereto the
seal of the Company.Any such writings'so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed
and acknowledged by the regularly elected officers of the Company in their own proper persons.'
IN WITNESS WHEREOF,THE HANOVER INSURANCES COMPANY has caused these presents to be sealer)with its corporate seal,
duly attested by its Vice President and its Assistant Vice President, this I s t
day of June 19 95
THE HANOVER INSURANCE COMPANY
O
Vice Presidnt
flg�� 0 _
dssistant Vice President
COMMO AL.TH OF MASSACHUSETTS � s.
C ORCESTER
On this I s t day of -June 19 95 , before Inc ramto the above Mooed
Vice aQ Assistant Vice President of The Hanover Inset once Company, o me personally known to be the individuals and officers
d 'Fete ' acknowledged that the seal affixed to the precedinginstrunentisthecorporatesealofTheHanoverInsuranceCompany
rate seal and their signatures as officers were duly affixed and subse ' d to7sai( ruInstment by the tIt ity and
oa Tion.
tIU.$. (12
e 9 Seal q ♦ Notary Public
e�0 ��.(� My Commission Expires April 29, 1999
's :e\ 77,,,, gJt7 Assistant Vice President ol'fbe Hanover luslu';uur(:uwpanv, hereby eetiNy that the above and foregoing is a full.
uli% 7rlrlrp%% °1 of the Original Power of Allornor issowl bv;mid( of oun.;md oto hereby forllwrcertify that Ihr xaid I' werof Arornev
is sli AUfawaw�°1iu effect.
This Certificatemay be signed by fascimr ile undeand by authority id for I)�Iluwing nn'olutiuu of the Huard of Dirr�ctun, of The Ilunovrr
Insurance Cum)pan at it meeting hodd on the 71h din of October, 1981
,IIESOLVI,A) That anv and all Pone..of \Iternev,a...ICrrli(wd('.upio;of,,,1,1...vrn.d:\Il..... nd crrli(icatiuu in respe.rl Ibrrrlu,gr;nilyd tins
executed by the Presidmm or;mv Vire president in conjunction with am 1\asisl:ml A ire I'rrsidenl u(Ibe Com pauv Shull Lc binding nn IhrCnu pl:oy to thr
same extent as if all signature. thereon werr, manually affixed ocro 0 ,itone..r .n re of anv such sigmtlurrs lherrno ::!.n lLr�fac..mile...
GIVEN tinder my hand and the seal of said Company, at Worcester, 1lit, uchusetta, this Z 1�����"'l1J"�
(lay of June 19 96
N
FORM 111.0402 NS (4/86) A.'si.stanl Vire Pn�sidvol