215 DERBY STREET - ZBA z1s � e.�by s�
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CITY OF SALEM, MASSACHUSETTS
T BOARD OF APPEAL
120 WASHINGTON SrREer 4 SAL PM,MhssActiuSsrrs 0I970
- . 7ELe:978-745-9595 F ix:978-740.9846
KinmERLEY Dmsax.L
MAYOR
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November 3,2008 r 2
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Decision i=
City of Salem Zoning Board of Appeals
Petition of Shawn Donovan requesting a variance from off-street parking 1
regulations of the Zoning Ordinance at 215 Derby Street. v
A public hearing on the above petition was opened on October 15, 2008 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Elizabeth Debski, Rebecca Curran, Bonnie Belair, Annie Harris and
Richard Dionne.
The petitioner, Shawn Donovan, requested a variance from off-street parking regulations
of the Zoning Ordinance at 215 Derby Street in the Central Development (B5) zoning
district.
Statements of fact:
1. The subject property is within the Central Development(B5)zoning district.
2. The petitioner is requesting a variance from off-street Parking regulations to
add parking spaces for storefronts at the subject property.
3. The subject property is in the heart of densely populated tourist area.
4. In the past,the paved area of the subject property was used for outdoor dining
and parking.
5. George Fallon,realtor at Tachd Real Estate, spoke in opposition to the
petition.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings:
L,
- ' Findings:
a. Special conditions and circumstances exist affecting the parcel or building, which
do not generally affect other land or buildings in the same district;
b. Literal enforcement of the provisions of this ordinance would involve substantial
hardship,financial or otherwise, to the appellant;
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent or purpose of
the zoning ordinance.
On the basis of the above findings and all evidence presented at the public hearing
including, but not limited to, the plans, documents and testimony, the Salem Board of
Appeals voted four(4) in favor (Curran, Debski, Harris and Belair) and one (1) opposed
(Dionne) to approve the variance from off-street parking regulations of the Zoning
Ordinance at 215 Derby Street subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statues,ordinances,codes and
regulations.
2. Parking must be designed within the specifications of the Architectural Access
Board.
3. Subject to the approval of the Traffic Department of the Salem Police
Department
4. There shall be no more than five (5)parking spaces
5. There shall be a walkway from Derby Street to front of building with a
minimum width of three(3)feet.
Elizabeth Debski
Salem Zoning Board of Appeals
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 of filing of
this decision in the office of the City Clerk. Pursuant to the 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 it
has been dismissed or denied and 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.
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MAP 34 LOT 481
ANIL MEZINI
60 WHARF STREET
"6 �w MAP 34 LOT 446
THE SALEM WATERFRONT
HOTEL AND SUITES
lL MAP 34 LOT 427 CONDOMINIUM
225 DERBY STREET
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DERBY STREET
ZONING DISTRICT — B5 — CENTRAL DEVELOPMENT
REQUESTED VARIANCES FROM PARKING:
1. SEC. 7-3 (5)a. Vehicles will back into
a public way to leave the lot.
2. SEC. 7-3 (5)b. The surfaced parking area
does not provide 2' setback from property
lines or street lines.
3. SEC. 7-3 (5)g. All parking spaces exceed the PLOT PLAN OF LAND
the 170 sq. ft. requirement but the parking area
does not provide the required 300 sq. ft. per 215 DERBY STREET
parking space. 190 sq. ft. per space is provided. SALEM
I CERTIFY THAT THE BUILDINGS PROPERTY of
HEREON ARE LOCATED ON , tHOFhfgSSAc SHAWN DONOVAN
THE GROUND AS SHOWN. ALE 1" = 20' SEPTEMBER 19, 2008
c L.
6 a� No..35M
5 SHORE SURVEY CORPORATION
DATE REG. PROF. LAND SUR c1y�ne° �'° 14 BROWN STREET — SALEM, MA
'OVAL LAPID SVP 978-744-4800 #3176
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