8 DERBY STREET - ZBA 8 DERBY STREET
DAVID TANBENECK
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381
Will hold a public hearing for all
persons interested in the petition sub-
nutted
ubnutted by DAVID M. TAUBENECK
requesting a Special Permit/Varl-
ance of nonconforming lot to enable to
enlarge by means of addition for the
property located at 8 DERBY
1 STREET(R-2).Said hearing to be held
WEDNESDAY,MARCH 19, 1997 AT
6:00 P.M., ONE SALEM GREEN,
2nd Floor.
Gary Barrett.Chairman
. (3/5.3/12/97) -..�
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of Salem, 7Tassttdlusetts
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CG(RKSS o H./CrSS
DECISION ON THE PETITION OF DAVID M. TAUBENECK FOR A VARIANCE AND SPECIAL
PERMIT AT 8 DERBY STREET (R-2)
A hearing on this petition was held March 19, 1997 with the following Board
Members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Paul
Valaskagis and Arthur LeBrecque. 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, are requesting a Variance and Special
Permit of a non-conforming lot to enable to enlarge by means of an addition
for the property located 8 Derby Street.
The province the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is section 5-3 (j ) , which provides as
follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and conditions
set forth in Sections 8-6 and 9-4, grant Special Permits for alterations
and reconstruction of nonconforming structures, and for changes,
enlargement, extent 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 neighbor
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 Variances which have 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.
i
DECISION OF DAVID M. TAUBENECK REQUESTING A VARIANCE AND SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 8 DERBY STREET R-2
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. Petition was presented by David M. Taubeneck, owner of the property.
2. A letter was submitted from the Historic Commission requesting review
and approval by commission.
3. The petitioner would like the addition as his family is growing and
needs the extra room.
4. There was no opposition to this petition.
On the basis of the above findings of fact and on the evidence resented
g , P
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 as per the plans and dimensions
submitted and approved by the Building Inspector.
3. All requirements of the Salem Fire Dept. relative to smoke and fire
safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Petitioner shall obtain a building permit prior to starting
construction.
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DECISION OF THE PETITION OF DAVID M. TAUBENECK REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 8 DERBY STREET
page three
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Historical
Commission.
Variance and Special Permit Granted
March 19, 1997
Paul Valaskagis, Member
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
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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DATE O: HEARING
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LOCATION C
'°OTION: -0 GRANT SE ND A"END •:ENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
i
aiTHDRAW SECOND
CONTINUE SECOND
I
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONI
GARY E. BARRETT
ALBERT C. HILL 1
.JOSEPH YWU
NINA V. COHEN !
RICHARD DIONNE
ASSOCIATE:-'EMBERS
ARTHUR LEBRECQUE
PAUL VALASiiATGIS
CONDITIONS:
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