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127 NORTH STREET - ZBA (2) 127 North Street R-2 Bahal, Arvinder S. -` --` Owner/Petitioner I I w COVry (IlitU ofSIPm, ttssucljusPtt - ' wvarb of Npeal '83 JAN 16 P10 :11 rouwv w., CITY CLERK'S OFFICE DECISION ON THE PETITION OF ARVINDER S. r1�` REQUESTING A VARIANCE FOR 127 North Street A hearing on this Petition was held on January 5, 1983 with the following Board Members present: James Hacker, Chairman; Messrs. Hopper, Piemonte, and Associate Member Luzinski. Notices of the hearing were 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 has requested a variance for 127 North Street to use the property for an embroidery shop and for the sale and storage of antiques. The property is in an R-2 zoning district where the proposed uses are prohibited. The Board of Appeal, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The Petitioner is prepared to make a considerable investment in the property to upgrade it. 2. The Petitioner's proposal will create several jobs for the area. 3. The existing structure on the site is currently not being utilized and is deteriorating. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeal concludes as follows: 1. The property in question is unique because of the structure on the site which was previously used for commercial purposes. This situation imposes a hardship on the Petitioner restricting his development of the property in a manner which is consistent with the surrounding area. 2. The conditions described above especially affect the land in question but do not generally affect the zoning district in which the land is located. 3, The conditions described above which affect the land in question, but not the zoning district generally cause special financial hardship to the Petitioner. 4. The desired variance may be granted without substantial detriment tolthe public good. Therefore, the Board of Appeal unanimously voted in favor of approving the grant of the requested relief. The Board grants a variance to the Petitioner on the following terms and conditions: 1. Petitioner may use the ,site for the storage and embroidering of garments and for the sale and storage of antiques. (� Petitioner is granted a variance from parking requirements. Hours of operation of the embroidery shop shall be limited to 8 a.m. to 6 p.m. Monday through Friday. 083 JAN 16 PIO :11 CITY CLERK'S OFFICE DECISION ON THE PETITION OF ARVINDER S. BAHAL SAL EMS � REQUESTING A VARIANCE FOR 127 NORTH STREET Page 2 January 5, 1983 4. Not more than 2 embroidery machines may, be used at the site. 5. Not more than 4 people shall be employed at the site. 6. The sale of antiques shall be by appointment only, Monday-Saturday. 7, There shall be no changes in the exterior of the structure. 8. Petitioner shall maintain no sign on= th"e premises greater than two square feet. 9• A certificate of Use and Occupancy shall be obtained before using the property for the above referenced purposes. i 10. Petitioner shall comply with all applicable fire safety codes. Anthony M. eeherry APPEAL FROM, THIS DECISION, IF ANY. SHALL BE MADE PURSUAAT TO SECT101 17 OF THE NIASS, GMERAL LA','fS, OHAPTER E08, AND SHALL BE FILED WTHIN 213 DAYS AFTER THE DRTE OF F4L'H6 OF THIS DEC!S!ON IN THE OFRi E OF THE CITY CLU,,K. PURSAlIT TO 6'."S. GENERk! Lei';;5, CF'AP(E'i 3JS, S"CTilii ll, TY.E VATF1'ICE D,', SPpriA2 PEICAII Ci.AYFED HER:IR, SHALL NCI TAdE ERECT WML A COPY 'IF Th-' TdF iCPT- M.4TIJN OF -i HE CITY CLERn '01Ai 20 CAiS !!Xi' ..!k7 =D "' A - - OR 'iHAT, If SJCtI AN APPE<.L HAS E EN F!LE, THAT IT J.`i.S SEEN' DI£ IiSSED LR OE;41. iS✓r RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UI::ER THE NkA,''.E OF THE O'I.M2 OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK