243 NORTH STREET - R-1 - BUILDING INSPECTION 243 NORTH STREET
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No. 153L-2
HASTINGS. MN
LOS ANGELES•CHICAGO•LOGAN.ON
MCGREGOR.TX•LOCUST GROVE.GA
U.S.A.
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Ctg of '*drm, Ansuchusetts
JUL 23 2 43 PH IS
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DECISION ON THE PETITION OF WILLIAM CORBETT JR. FOR A CITY ttRr..eLEM.MES$:
VARIANCE FOR 243 NORTH ST. , SALEM
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A hearing on this petition was held July 17, 1985 with the following Board I
Members present: James Hacker, Chairman; Messrs. , Charnas, Luzinski, Strout and
Associate Member Bencal. 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 use and minimum parking requirements to
allow him to operate a bookstore in a garage on the premises. The property,
owned by William Sr. and Marcella Corbett, is in an R-1 district.
The variance which has been requested may be granted upon a finding by the
Board that:
a. special conditions and circumstances exist which especially affect
the land, building or structure involved and which are not generally
affecting other lands, buildings and 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; and
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.
The Board of Appea; , after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . No opposition was presented to the plan;
2. The subject garage is extremely small, and its size makes it
unsuitable as a modern day space for storing an automobile;
3. This condition is unique to the neighborhood;
4. This condition creates a hardship if the Ordinance is enforced
literally, as it makes a portion of the premises unusable for its
intended use.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . Special conditions affect this lot which do not generally affect the
district;
2. Literal enforcement of the Ordinance would work a substantial hardship
upon the petitioner;
DECISION ON THE PETITION OF WILLIAM CORBETT JR. FOR
A VARIANCE 'FOR 243 NORTH ST. , SALEM
page two
3. The Variance requested can be granted without substantial detriment
to the public good and without substantially derogating from the
intent and purpose of the Zoning Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested provided that:
1 . A Certificate of Occupancy be obtained;
2. A Certificate of Compliance be obtained from the Fire Department.
VARIANCE GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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APPEAL FRDM THIS DECISION, IF ANY. SHALL BE MADE PUP.SUANT TO SECTION 17 OF THE MASI,
GENERAL LAWS, CHAPTER 808, AND SHA L BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILIN]
OF THIS DECISION it! THE OFFICE OF THE CITY CLEP.'S.
PURSP.Ni TO L1ASS. GENERAL LP.C: CHAPTER SOS, SEC710i! 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL N31 TA!iE EFFECT UNTIL A COPY OF THE0. APPS ,AL HARIN; THE CERT-
GRANTED
OF THE CITY CLERK THAI 20 )FLYS HAVE ELAPSED .4f.!D NO S!lSSEDHOR DENIED'IS'
OR THAT, IF SUCH AN APPEAL HAS DEEN FILE, THAT IT H:1S DEXE
PS AND
ORECORDED F VRECORD IORT S RECORDED SAND R NOTED YON FTHEcOWNER'S IICERTIFICATE �OF TITLE.CAME Or THE owNEP.
BOARD OF APPEAL
Date September 12, 1985
—1 hereby certify that 20 days have expired
from the date this instrument was received,
and that NO APPEAL has been filed in this
office. J
A True Copy
ATTEST: . CITY IERK, 5.