63 JEFFERSON AVENUE - ZBA (2) 63 JEFFERSON AVENUE I
KERR LEATHER COMPANY � J
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Legal Notice , p a
CITY OF SALEM
BOARD OF APPEAL
745.9595 EXT.381 1
b3
Will hold a public hearing for all i
persons interested in the petition cl
submitted by KERR LEATHER COM- U
PANY requesting a Variance from c
use regulation; minimum lot area,lot 1
width,depth front yard, depth rear c
' yard and maximum lot coverage for i
the property located at 63 JEFFER. '
` SON AVENUE(I/RC).Said hearing to
1 be held WEDNESDAY, DECEMBER
1 17,1997 AT 6:30 P.M.,ONE SALEM
1 GREEN,2nd floor.
Gary Barrett,Chairman
(12/3,12/10/97)
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(91ty of "-5ttlem, Anssttdiusetts
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Pottrb of ':AppeulpEC 19 l0 4 q` `97
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DECISION OF THE PETITION OF [ ERR LEATHER COMPANY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 63 JEFFERSON AVENUE (I/RC)
A hearing on this petition was held December 17, 1997 with the following
Board members present: Gary Barrett, Chairman; Nina Cohen, Albert Hill,
Richard Dionne and Paul Valaskagis. 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 withMassachusetts General Laws
Chapter 40A.
Petitioner requests a Variance from use regulation;minimum lot area, lot
width, depth front yard,depth rear yard and maximum lot coverage for the
property located at 63 Jefferson Avenue.
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, a prospective buyer of the property, seeks variances from
use requirements to allow the existing leather wholesaling business to
continue to operate in the R-C zone.
2. Additionally, petitioner hopes to obtain permission from the Planning
Board to subdivide the lot at 63 Jefferson Avenue. Accordingly,
petitioner seeks variances from lot area, lot width, lot coverage and
front, side and rear yard setbacks for that part of the property on
which the leather business will operate, and variances from lot area
and lot width for the newly created part.
3. Opposition to the proposed petition was voiced by Dennis Baker, a
commercial real estate broker, representing Aaron Glickman, of Titus
Furniture. Mr. Baker objected to the creation of a strangely shaped lot
on the abutting property.
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.
n
�i
DECISION OF THE PETITION OF KERR LEATHER FOR A VARIANCE FOR THE
PROPERTY LOCATED AT 63 JEFFERSON AVENUE
page two,
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:
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
safety shall be strictly adhered to.
3. A Certificate of Inspection is to be obtained.
4. Petitioner is to obtain approval from any City Board or Commissions
having jurisdiction including, but not limited to, the Planning Board
and Conservation Commission.
Variance Granted Q-
December 17, 1997
Nina Cohen, 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