99 NORTH STREET - MCCORMICK, MARYANNE - ZBA 99 North St. B-1
- — — M.B. Realty Trust
Mary McCormick, Trustee
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DECISION ON THE PETITION OF M.B. REALTY TRUST, MARY MCCORMACK, TR.
FOR A VARIANCE AT 99 NORTH STREET (B-1 )
A hearing on this petition was held January 31 , 1990 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Febonio, Luzinski
and Associate Member Dore. 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, owner of the property, is requesting a Variance from the minimum
parking requirements to allow a take-out Chinese Restaurant.
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 teh 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 Appeal, after careful consideration of the evidence presented and
after viewing the plans, makes the following findings of fact:
1 . The site was previously used as a commercial establishment.
2. There are seven (7) parking spaces of site for use by building
occupants and customers.
3. Restaurant would be used as take-out only.
4. There was not opposition to the requested variance.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. The relief requested can 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.
ti
DECISION ON THE PETITION OF M.B. REALTY TRUST,MARY MCCORMACK, TR.
FOR A VARIANCE AT 99 NORTH ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Dore voted in opposition)
to grant the Variance requested, subject to the following conditions:
1 . Owner must comply with all requirements of the Salem Fire
Prevention Bureau relative to smoke and fire safety.
2. Renovations must be in accordance with the Salem Building Code.
3. Petitioner must comply with the requirements of the Salem Health Dept.
4. Hours of operation are limited to 11 :30 a.m. to 9:00 p.m. , Monday
through Thursday; 11 :30 a.m. to 10:00 p.m. Friday & Saturday; and
11 :00 a.m. to 9:00 p.m. on Sundays.
5. Restaurant is to be used for take out service only; no eating to be
allowed on site.
o. Company vehicle parking is to be in the rear of the property and not
on North Street or Mason Street.
GRANTED
Peter Dore, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
P,peal from this decision, if any, shall be made pLnro.ant to Section 17 of
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UOARD Of APPEAL
REGISTRY: Essex So Lc 7417
TrruREFERENCE: .9k 9-5-514 _2/2
PLAN REFERENCE: SZ
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This plan was not prepared from an instrument survey. CERTIFIED PLOT PLAN
Offsets and distances shown should not be used to establish
property lines. LOCATION / / NO: 74h Sf
This plan is intended for mortgage purposes only. 5
,
I certify that the structure shown on this
Plan Was in conformance with zoning setbacks SCALE: =20 DATE: 2-ZZ'Ae
in effect at the time of construction.
CERTIFIED 7iD:
I certify that the parcel shown is 09070- located within
a flood hazard area as depicted on HUD Flood Insurance �rQ ¢ FPi% Erni
Rate Maps for Community No: Z_SO/0d /
CAMERON BROS., INC.
SO1 ERVILLE, MA