131 DERBY STREET - ZBA D Q
131 DERBY STREET
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Legal Notice
I
CITY OF SALEM
BOARD OF APPEAL
745-9595 EzL 381
Will hold a public hearing for all
persons interested in the petition sub-
miffed by LEWIS LEGON requesting ai
Special Permit per Section 8,6 and 9-�
4(b)to allow the brick building in the
rear to be converted to two residen-
tial units for the property located at
131 DERBY STREET B-1/R-2.Said
hearing will be held on WEDNESDAY,
JANUARY 19,2005,6:30 P.M., 120
WASHINGTON STREET, 3RD
FLOOR,ROOM 313.
I Nina Cohen
Chairman
(1/5,12) I
CITY OF SALEM9 MASSACHUSETTS c4l_i"'
BOARD OF APPEAL S OAF/ •CN/H
120 WASHINGTON STREET, 3RD FLOOR C`
SALEM,
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-95957 10 Ops
-431
MAYOR FAX: 978-740-9846 A 2• /C
DECISION OF THE PETITION OF LEWIS LEGON REQUESTING A SPECIAL J
PERMIT FOR THE PROERTY LOCATED AT 131 DERBY STREET R2/BI
A hearing on this petition was held on January 19, 2005 with the following Board
Members present: Nina Cohen, Chairman,Richard Dionne, Steven Pinto and Edward
Moriarty. 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 to extend an existing nonconforming building for the
property located at 131 Derby Street located in an R-2/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 inhabitant4
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.
C!
�"!I S
DECISION OF THE PETITION OF LEWIS LEGON REQUESTING A SPECIAL O�tIC� ~�
PERMIT FOR THE PROPERTY LOCATED AT 131 DERBY STREET Rft1
page two Jq
M31 A
The Board of Appeal, after careful consideration of the evidence presented, and after 2 ��
viewing the plans,makes the following findings of fact.
1. Petitioners' property at 131 Derby Street lies at the intersection of the B-1 and R-
2 zoning districts. Under Section 7-9 of the Salem Zoning Ordinance, the
dimensional limitation of the less restrictive zoning district may be extended
thirty feet into the more restrictive zone. In this case,the requirements of the B-1
zone will apply to the entire lot.
2---- On-the.site_are two buildings: Both are dimensionally nonconforming for either
district and together they constitute a mixed—use site. A six-unit multifamily
residential dwelling lies at the front lot line,with a two-story brick garage at the
rear of the lot. The garage has most recently been used for a carpentry business
and a clean-out business while the units in the front building were rented out until
recently.
3. Petitioner proposes to convert the rear building to residential use by renovating
the garage into two loft type apartments. He seeks a special permit to build a
stairwell exit on the roof to enable the tenant to utilize the roof area for a deck.
Under
petitioner'sro sal four vehicles
P Po will bearked inside the existing
sting
garage, and two additional off-street spaces will be provided for tenants in the
courtyard.
4. Petitioner has spoken to many residents of the area, and he submitted a petition in
support signed by 20 neighbors. Additionally, Dave Eng of Eng's Florist, a
neighborhood business,came to the meeting to speak in support of Mr. Legon's
petition. There was no opposition to the proposed plan.
On the basis of the above findings of fact, and on the evidence presented at,the hearing,
the Board ofAplpeal concru—&s'�a 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.
Cil i
„y so /C Niti
DECISION OF THE PETITION OF LEWIS LEGON REQUESTING A SPECIAL
PERMITFOR THE PROPERTY LOCATED AT 131 DERBY STREET R2/B
2•
�S
page three
4. Special conditions exist which especially affect the subject property, but not the
district in general.
On the basis of the above findings of fact,the Zoning Board of Appeal voted 4 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
------ —- 1. Petitioner shall 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. Petitioner shall obtain a building permit prior to beginning any construction.
4. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
5. Petitioner shall obtain a Certificate of Occupancy.
6. All snow removal shall be offsite.
7. Petitioner with o shall comply th uirements of the historic district with to
P Y req. respect
the exterior of the renovated properties.
Special Permit.Gtanted.
�.. � January 19,2005
Nina Cohen, Chairman
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 Sled,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.
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We the undersigned, abutters and/or neighbors of 131 Derby Street, are in
favor of the Board of Appeals approving a special permit to allow 2
residential units in the rear building:
Name Address
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