140 DERBY STREET - ZBA f�l 1'
140 DERBY STREET (B-1) -I
JAMES A. BAILEY _
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DECISION OF THE PETITION OF JAMES A. BAILEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 140 DERBY STREET (B-1)
A hearing on this petition was held August 21, 1996 with the following
Board members present: Gary Barrett, Chairman, Albert Hill, Arthur
Lebreque, Richard Dionne and Paul Valaskatgis. 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, requests a Variance from parking for the property located at
140 Derby Street.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner requests a Variance from parking.
2. Petitioner represented himself.
3. All opposition was withdrawn after proper clarification was made.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
DECISION OF THE PETITION OF JAMES A. BAILEY REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 140 DERBY STREET ( B-1)
page two
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to
4. Petitioner shall obtain building permit prior to beginning any
construction.
5 . Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from anv City Board or Commission
having jurisdiction including but not limited to, the Planning Board.
Variance Granted // �► , -
August 21, 1996 ^ "/ '�L�""'�L(. rScvlJ\
Richard Dionne, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE ?TANNING 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 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
CHU of -Salem, '-ussuchusetts
�3nttr3 of (Au}teril
; yG �y I ti� fib aU
y
DECISION OF THE PETITION OF JAMES A. BAILEY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 140 DERBY STREET (B-1)
A hearing on this petition was held August 21, 1996 with the following
Board members present: Gary Barrett, Chairman, Albert Hill, Arthur
Lebreque, Richard Dionne and Paul Valaskatgis. 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, requests a Variance from parking for the property located at
140 Derby Street.
The Variance which has been requested may be granted upon a finding of this
Board that:
1. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner requests a Variance from parking.
2. Petitioner represented himself.
3. All opposition was withdrawn after proper clarification was made.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3 . Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
DECISION OF THE PETITION OF JAMES A. BAILEY REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 140 DERBY STREET ( B-1)
page two
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to
4 . Petitioner shall obtain building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including but not limited to, the Planning Board.
Variance Granted
August 21, 1996 �
Richard Dionne, 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
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 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
J 2)aver �rc �Cowerj`., `
1361/2 DERBY STREET (508) 745-0035.
SALEM,,MASSACHUSETTS 01970
A-gust 21,1996
To Ulm It hf3y Gxrem,
" I an writing in Opposition to a petition s bdtted by Jams A. Bailey r4lesti g
a vari� f ran ldrg for tlg property located at 140 Da--ty St.
I ant e prpoerty owner of 136,1.36z and 138 Da-by St. I hale requested ray tenant,
of 1361-2 Derby St. to present ny written petition of opposition.
r _ Yam• - x , '
Sincerely,
• d