92 DERBY STREET - ZBA y U
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I Legal Notice i
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CITY OF SALEM
BOARD OF APPEAL
k 978-745.9595 Ext 381
1 Will hold a public hearing for all
persons interested in the petition sub-
miffed by 92 DERBY STREET TRUST
requesting a Special Pertnh per Sec-
bon
ection 84,to expand an existing non-con-
forming 3 story structure for the proper- +
ty located at 92 DERBY STREET 13-1. I
Said hearing to be held on WEDNES-
DAY,JULY 19,2006 AT 6:30 p.m.,3rd
floor, 120 Washington Street, Room
313.
Nina Cohen
Chairman
SN-7/5,7/12/06
ONDITAAw CITY OF SALEM MASSACHUSETTS CITY OF SALEM. MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
' SALEM, MASSACHUSETTS 01970
TELEPHONE: 976-745-9595
+ • FAX: 978-740-9846 1006, AUG -
KIMBERLEY DRISCOLL 9 A. 8: 2b
MAYOR
DECISION OF THE PETITION OF 92 DERBY STREET TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROERTY LOCATED AT 92 DERBY STREET B-1
A hearing on this petition was held on July 19,2006 with the following Board Members
present: Nina Cohen,Chairman, Richard Dionne, Annie Harris,and Stephen Pinto.
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 request a Special Permit per Section 8-4 to expand an existing non-conforming
3 story structure for the property located at 92 Derby Street located in a B-1 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 (2)(8)which provide 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 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 for the City's inhabitants.
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.
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.
DECISION OF THE PETITION OF 92 DERBY STREET TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 92 DERBY STREET B-I
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans,makes the following findings of facts:
1. The petitioner,John Paskowski,Trustee of the 92 Derby Street Trust applied for a
Special Permit pursuant to Section 8-4 of the City of Salem Zoning By-Law to
expand his existing non-conforming residential structure located at 92 Derby
Street.
2. The Petitioner was represented before the Board by his Architect, Michael
Lutrzykowski,of H.H. Morant Co, Inc. Architects.
3. Specifically,the Petitioner seeks to expand the existing third floor unit to the
locus by the dimensions of 13'-6"x 33'-6"over the existing building foot print at
the rear of the building.
4. The addition will permit the Petitioner to create additional living space and
improve the existing third floor egress.
5. The new deck shall be within the perimeter of the first and second floor existing
decks.
6. One neighbor came to ask question but did not oppose the project.
7. The requested special permit may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent and
purpose of this ordinance.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. 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.
3. 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.
4. Special conditions exist which especially affect the subject property, but not the
district ing eneral.
DECISIONOF THE PETITION OF 92 DERBY STREET TRUST REQUESTING A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 92 DERBY STREET B-1
Page three
On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
1. Petitioner shall comply with all city and state statues, code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted and
approved by the Building Commissioner.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Petitioner shall obtain a Certificate of Occupancy.
6. Petitioner shall obtain proper street numbering from the City of Salem Assessors
Office and shall display said number to be visible from the street.
7. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction,but not limited to the Planning Board.
8. Unless this decision expressly provides otherwise, any zoning relief granted does
not authorize Petitioner to demolish or deconstruct any structure(s) on the
property to an extent greater than 50%of the structure as measured by floor area
or replacement cost. If a structure on the property is demolished by any means to
an extent of more than 500/6 of its replacement cost or more than 50%of its floor
area at the time of deconstruction, it shall not be reconstructed except in
conformity with this Ordinance.
Special Permit Granted
July 19, 2006 Robin Stein
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 the 20 days have elapsed and
no appeal has been filed,or that,if such appeal has been filed,that is has been
dismissed or denied is recorded in the South Essex Registry of Deeds and indexed
under the name of the owner or record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal
NOTE ASSESSORS.•
1) THIS PLAN IS NOT TO BE CONSIDERED AN MAP 41, LOT 63ZON/NG
ALTA/ACSM LAND TITLE SURVEY, NOR IS IT TO BE
USED FOR RETRACEMENT OF PROPERTY LINES. B1 DISTRICT
2) BUILDING OFFSETS SHOWN HEREON TO WOOD REFERENCES:
CORNER BOARDS.
DEED BOOK 23939, PAGE 453
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185 CENTRE•r / VOICE (978) 777-3050DE
FAX (978) 774'923 NO.
7816
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