132-134 DERBY STREET - HAMILTON, JOHN - ZBA I
132-134 Derby St. B-1
— -- - - - - -. — John Hamilton Tr.
132 Derby St. Real y Tr.
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DECISION ON THE PETITION OF JOHN HAMILTON, TR. FOR SPECIAL PERMIT
AND VARIANCE FOR 132-134 DERBY ST./16 BENTLEY ST. , 91LIENC.._ _;,-i-�._
A hearing on this petition was held on November 16, 1983 with the following Board
members present: James B. Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski,
and Piemonte. Notices of the hearing were 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 Special Permit to allow him to convert the premises into —
six
nto —six condominium units and three stores, also, petitioner requests a Variance from
minimum parking requirements 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, htat such
change, extension, enlargement or expansion shall not be substantially more
detrimental that 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 Variance which has been requested may be granted upon a finding of the Board
that:
a. ;Special conditions and circumstances exist which expecially 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 in-
volve 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 purposes of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . Vigorous opposition to petitioner's plan was raised by neighbors;
2. There is currently a substantial parking problem in the neighborhood;
3. Petitioner's plan would substantially exacerbate that parking problem;
4. Petitioner has not demonstrated that substantial hardship would result
if the Zoning Ordinance were literally enforced.
DECISION ON PETITION OF JOHN HAMILTON, TR. FCR
SPECIAL PERMIT A.ND- VARIANCE FOR 132-134 DERV ST./
16 BENTLEY ST.
5
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as fcllows:
1 . The requested relief substantially derogates from the intent and purpose
of the Zoning Ordinance;
2. The granting of the Special Permit will not promote the health, safety,
convenience or welfare of the City's inhabitants;
3. The requested relief would be a substantial detriment to the public good;
4. There would be no substantial hardship to petitioner if the requested
Variance were not granted.
Therefore, the Board of Appeal voted unanimously against granting the requested
relief.
Petitioners request for a Special Permit and Variance is hereby denied_
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v Scott E. Charnas, Acting Secretary
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OF RECORD OR IS REOORDED AND NMEu ON THE OC:hER S CERTIF:fA_ C 1 ,L:. '.
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BOARD OF APPEAL
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLCf.NNING BOARD AND THE
CITY CLERK
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