110-112 DERBY STREET - BAILEY & CURRAN, J & B - ZBA l
1`14112 Derby St. B-1 j
Jimbob Realty Trust
J. Bailey & B. Curran
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DECISION ON THE PETITION OF JIMBOB REALTY TRUST, JAMES BAILEY
AND ROBERT CURRAN TRUSTEES FOR A SPECIAL PERMIT AT 110-112 DERBY ST. (B-1 )
A hearing on this petition was held February 15, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting
and Strout. 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.
Petitioners, owners of the property, are requesting a Special Permit to extend
nonconforming side setback to allow construction of an addition in this B-1 zone.
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 enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighbhorhocd.
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, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition presented;
2. The addition is essential to allow proper layout of the interior of
the restaurant.
On the basis of the above findings of fact, and on the evidence presented,' the
Board of Appeal concludes as follows:
1 . The granting of the Special Permit will be in harmony with the district
and will promote the public health, safety, convenience and welfare of
the City's inhabitants.
2. The relief requested can be granted without substantial detriment and without
nullifying or substantially derogating from the intent of the district or
the purpose of the Ordinance.
DECISION ON THE PETITION OF JIMBOB REALTY TRUST, JAMES BAILEY AND
ROBERT CURRAN TRUSTEES FOR SPECIAL PERMIT AT 110-112 DERBY ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . Construction shall conform to all state and local building codes;
2. All requirements of the Salem Fire Department relative to smoke and
fire safety are strictly adhered to;
3. All construction be done as per plans submitted;
4. Exterior finishes must conform with existing structure;
5. A building permit and a Certificate of Occupancy must be obtained.
SPECIAL PERMIT GRANTED
r
Peter Strout, Member, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
lI PEAL rRO,: -MIS SEMI i4J Y. :: ANY, SHALL BE :!ADE PURSUANT TO SECTION 17 CF L
GE;IERAL LSYJS. 0APi EP. 303, AND SHJUL BE FILED WITHIN 20 DAYS Ah?EB THE DATE -i -
OF )"HS CECISION IN ME OFFICE OF THE CITY CLERK.
,.Ii34,P:f TC :.ASS. t:=^:EP.AL LT;,S. CHAPTER SOS, SECFIC"! 11. THE Vn2!ANCe OC -
i fiAf:TED H7P EI'i. SHALL NJi 71:(E EFSECT U:MIT A COPY OF THE DELI-IJ' :. C=..
CF THE C:`•'! CLERK THA; 20 LAVS AFP-AL H!" ..
.R 1H:;T. !F SUti:H bN APPEAL HAS Bz:i FILE. THA! IT H`'S DEc"! PIS'::ISSEO ':.. ......._. ...
R ECGi;;.ED IN THE i'JiH ESSEX fiE':7IS21 .^F -_ZDS AND .'LEX ED UNDER iil ..,
OF RECORD OR IS R'CORDED AND NGTED Citl THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
MORTGAGE INSPECTION A, CURM
BAY STATE SURVEYING SERVICE INC. Irba�r�, k
234 CABOT ST., BEVERLY, MA. Salem, Mass. 0070
LOCATIONSAL EM (yl A C� 5 NOTES :
SCALE : I = 20 FT. DATE -Qr. _____I.7____(� � ._, • This is a Mortgage inspection survey and not
REFERENCE ,D.r4E Q.8 K.5.(�.5.5...PQ--7-B ........ an instrument survey,therefore this plot plan is for
mortgage inspection purposes only.
. This survey is based on survey marks of
D(`,.�T. RF,U_ _.QE_._QFEJQ5....._. others.
To _, HERI_TAGE COOP BANK ________ _ • Bushes shrubs fences and tree lines do
I hereby certify that I have examined the premises and that the not necessarily indicate property lines.
building(s) shown on this plan are located on the ground as .
shown and that they conformed to the zoning setbacks of the flood v hin the special
azard zone,The building(s)
defined
are not located
catedH.U.D.
CITY
-.()E... SA L EIA........ when constructed.
WHENEVER AN OFFSET IS p`ti;; OF Ma
Ss
1'±OR LESS AN 1NSTR. SURVEY IS R B gcyG
1� RECOMMENDED TO DETERMINE
PROP. LINES.
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LOT 61
GAR AREA=4800 SF
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LOT 34
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