110 DERBY STREET - CURRAN & BAILEY, BOB & JAMES - ZBA F11 0 Derby-- St`� _ B_1
JIMBOB Realty Trust
II Bob Curran/James Bailey —
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DECISION ON THE PETITION OF ROBERT CURRAN AND JAMES BAILEME
FOR A SPECIAL PERMIT AT 110 DERBY STREET (B-1 )
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A hearing on this petition was held on July 19. 1989 with the following Board
Members present: James Fleming, Chairman; Richard Bencal , Vice Chairman; John
Nutting, Secretary, Edward Luzinski and Richard Febonio. 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 40.
Petitioners, owners of the property, are requesting a Special Permit to allow
construction of an addition in this B-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board
of Appeal may, in accordance with the procedure and conditions set forth in
Section VIII F and IX D, grant Special Permits for alterations and reconstruction
of nonconforming structures, and for changes, enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, expansion or enlargement shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal , after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . The addition will be used to house a walk in refrigerator/freezer.
2. The refrigerator/freezer is an essential need of the establishment.
3. The addition is in harmony with the buildings use.
On the basis of the above finding of fact , and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The petitioners plan will promote the public health, safety, convenience
and welfare of the City's inhabitants and will be in harmony with the
present structure.
2. 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 of the purpose of the Ordinance.
DECISION ON THE PETITION OF ROBERT CURRAN AND JAMES BAILEY FOR A
SPECIAL PERMIT AT 110 DERBY STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Petitioner comply with all requirements of the Fire Department.
2. All construction be done as per allexisting City and State building
codes and by legal building permit.
3. All conditions of the prior decisions of the Board shall remain
in effect except for relief granted by this decision.
4. All construction be done as per the plans submitted and as per the
dimensions submitted.
5. Exterior finishes shall be in harmony with the existing structure.
6. A sign shall be displayed inside the restaurant relative to local
parking rules.
GRANTED
icha�ncal— ,ice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
A^peal from this decision, if any, shall be made pursuant to Section 17 of
uie miss. General Laws, Chapter 808, and shall be filed within 20 days
after the date of filing of this decision in the office of the city Clerk.
Pursuant to Mass. General La•ns, ClIzT:e• 808. Se- ion i i. the Variance
or Special Permit granted herein sl-,_:: :iot fake eff,:ct until a copy of the
derision, bearing the certification of the City Clerk that 20 days have
eh;sed and no appeal has been tiled, or that, if such appeal has hcen
tiled, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record OP
is recorded and noted on the owner's certificate of Title.
BOARD OF APPEAL
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—- -— - Notwithsta}nding anything to the contrary appearing in-this ordinance, the Bo_'ard�
of Appeal may,-in accordance- with the procedure and conditions set forth in SecY.ic
VIII F and IX D, grant special permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, expansion or enlargement shall not be substantially more
detrimental than the existing nonconforming use to the neighbhorhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
-- by the Board that the grant of the Special Permit will promote the public health, -
safety, convenience and welfare of the City's inhabitants.
- r-_ --
; The ,Board of Appeal,` after -careful consideration of the evidence presented at the
hearing, and after viewina_.the_plans, makes the following findings of fact:
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On the basis of the above findings of fact, and on the evidence presented at the r-
hearing, the-Board-of- Appeal concludes.as follows:
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1 . The petitioners pla will promote the public health,
safety, convenience and welfare of the City's inhabitants and will be in
— harmony with the
_ 2. The reliefrequestedcan be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
i intent of the districtlor the purpose of the Ordinance.
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