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243 NORTH STREET - CORBETT, WILLIAM & MARCELLA - ZBA 243 North St. R-1 William & Marcella Corbett William Corbett Jr. (pet) _ J O I- i= Gita of �9zttlem, �fttssar4usetts Jug T3 2 a3 ?H IS x sarb of mT fi- FILE$ DECISION ON THE PETITION OF WILLIAM CORBETT JR. FOR A CITY Rt - SAI.EM.M16S. VARIANCE FOR 243 NORTH ST. , SALEM A hearing on this petition was held July 17, 1985 with the following Board 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 remises. The property, bookstore in a garage on thep P P Y+ allow him to operate a bo g g 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; i DECISION ON THE PETITION OF WILLIAM CORBETT JR. FOR A VARIANCE FOR 243 NORTH ST. , SALEM page two 3. The Variance recuested 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; F 2. A Certificate of Compliance be obtained from the Fire Department. VARIANCE GRANTED L�� Scott E. Charnas, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FMV THIS DECISION. IF ANY. SHALL BE MADE PURE,-, TD SECTION 17 OF THE Mt9t„ GENERAL LAWS. CHAPTER LDS_ A'iD SHR.-L 6E PILED 1 MI,tt 2D DAYS AFTER THE DATE.OF FILIN3 OF THIS OEC!S V; IN THE OFFICE CP THE 11 -_° VA=i'>:CE OR SPECIAL PERIIIT PURSA'J TO ''.kSS. GEi9`-Rid LR';:5, CHAPTER SOS. SECTi, •• 0 c.;; ^i0 APPE L HAS 6E9: BLED• GRAivTEO HER EII;, SHALL NCT TA:iE EFFECT UNTIL A COPY CF i',Oc:.�>I i;'. BE"F'I'' THE CEn - FiCATM! CF THE GI-1 :LER1 AT v E Y3 F \ A S: i �IS.,..IS S"D OR C RiED IS NGC I.r.-C' U•'+>'-' THE NA:'E OF THE OWNER OR TH 6T. If SUCH A^� APPEAL HAS E \ FILE T4A I; P s RECORDED lig THE SOUTH ESSEX P.E�'ST.•^•4 Of DE`_OS OF RECORD OR IS RECORDED AND NOTED ON THE OV.'N ER'$ CEnTGICATE OF TITLE. BOARD OF APPEAL July 17, 1985 Mr. James Hacker Chairman Board of Appeals One Salem Green Salem, MA 01970 RE: Variance at 243 North Street Dear Mr. Hacker: I am writing with regard to the petition of William Corbett Jr. for a Variance to allow a garage at 243 North Street to be used as a second bookstore and a Variance from minimum parking requirements. There will be no adverse neighborhood impact resulting from this Variance. Therefore, I am fully in support of this petition, and hope that the Variances will be granted. Very truly yours, He 0- orge GeP. McCabe Ward VI Councillor July 15, 1984 To the Salem Board of Appeals: . Sirs, We, the undersigned, being residents of the City of Salem, and being neighbors/abutters of William J« Cor- bett Jr., hereby give our support, and therefore express no, general objection to the petition filed by Mr. Corbett for -a Variance to the Zoning Laws which would allow Mr. Corbett to operate a second-hand bookshop from his property at2"43 North Street, This document is understood to be legally . ` non-binding in every wayq and therefore should be viewed"gas such. Signed^- --s ���G, C-- i p O Address July 15,1985 , To the Salem Board of Appeals: t r _ r Sirs, We„the 'undergned, being residents of the Fes4 e r City of Salem,. and beiig neighbors%abutters of William J. Corbett Jr., hereby give our support, -and therefore express no general objection to the petition filed by Mr. Corbett for a Variance from the Zoning Laws which would allow Mr. Corbett to operatea second-hand bookshop, fromhis property at 243 North Street: ;., ' This document is 'understood to be legally non- binding in every wait, and therefore should be viewed as such. Signe Date Address �3 i July 15, 1985 To the Salem Board of Appeals: r.;ti - y Sirs, We,the undersigned, being residents of the City of Salem,MA, andBeing neighbors/abutters of William J. Corbett Jr. , hereby give our support, and therefore express no general objection to the Petition filed by Mr. Corbett for a Variance to the Zoning haws which would allow Mr. Corbett to operate a secondhand bookstore from his property at 243 North Street. This document is understood to be legally non- binding in "all ways, and therefore should be viewed as such. Signature Date / Adress dam/ �1 L; r a ' scow . 1� 21I4S � O � y: �N � oN � go �o•9cr 10� i c / e 4 IV is y .0 00