110 DERBY STREET - ZBA �--�
110 DERBY STREET
DANIEL FOX
' V
V
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595,EXE 361
r Will hold a public hearing for all
t persons interested in the petition sub-
mitted by DANIEL FOX requesting
Variances from minimum lot area
1 per dwelling and parking require-
ments to change the property from 1
i commercial and 2 residential units
to 3 residential units for the property
K located at 110 Derby Street,B-2.Said
hearing to be held Wednesday,Janu-
ary 17,2001 at 6:30 P.M.,One Salem
i Green,2nd Floor. I
y Nina Cohen
Chairman
I (1/3,10)
l
` Citp of baleen, ftCaggarbugettg
• CITY OF SALEM. MA
JRoarb of 9ppeal CLERK'S OFFICE
.1001JAN29 P 2- 48
DECISION OF THE PETITION OF DANIEL FOX REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 110 DERBY STREET B1
A hearing on this petition was held January 17, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Stephen Harris and
James Hacker. 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.
The petitioner is requesting a Variance from minimum lot area per dwelling unit and
parking variances to allow 3 residential units for the property located at 110 Derby Street
B-1.
The Variances, which have been requested, may be granted upon a finding by this
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 and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of 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. Petitioner represented at this meeting by Scott Grover, Esq. of Tinti, Quinn and
Grover, has entered a purchase and sale agreement to purchase a property at 110
Derby Street that is currently owned by The House of Seven Gables Settlement
Association
2. The structure at 110 Derby Street had been the site of two dwelling units and a
restaurant known as The Grand Turk Tavern. Some years ago, the restaurant cease
operating, and at the time it was bought by the Gables Association, the facility was
leased to another business owner who used it as a function hall for special functions.
3. Petitioner wishes to change the use of the structure from 2 residential units and a
function hall to 3 residential units. It is petitioner's assertion that the proposed
1
DECISION OF THE PETITION OF DANIEL FOX REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 110 DERBY STREET B-1
pagetwo
mulitfamily use is a use as of right in the B-1 district, and therefore it seeks
variances for parking and for the existing nonconforming condition of the small size
of the units relative to the 3500 sf requirement of the ordinance. Total square
footage for the three units is 4800 sf.
4. As grounds for its petition, petitioner proffers the changing character of the
neighborhood.
5. There was no opposition to the proposed petition.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning 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 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 4-1, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes 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.
4. Petitioner is to obtain approval from any City Board of Commission having
jurisdiction including, but not limited to, the Planning Board.
5. Petitioner shall obtain a building permit prior to beginning any construction.
6. A Certificate of Occupancy shall be obtained.
Variance Granted
January 17, 2001
1 (o41n_a�
Nina Cohen, Chairman
Board of Appeals
t'
DECISION OF THE PETITION OF DANIEL FOX REQUESTING A VARIANCE FOR
THE PROPERTY LOCATED AT 110 DERBU STREET B-1
page three
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
certificate of the City Clerk that 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 of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal