142 DERBY STREET - REARDON, JONATHAN - ZBA 1 �
142 Derby St. B-1
Reardon Realty Trust
Jonathan Reardon, Tr.
MM�
00
rn
i
ry� g 08 rti 'Ol
of 221Pm, e 2I88UC4U P1' G`cr 'S C'`ME
CiTYottra of �upenl
SALEM, MASS.
DECISION ON THE PETITION OF JONATHAN REARDON, TRUSTEE, REARDON
REALTY TRUST FOR A VARIANCE FOR 142 DERBY ST.
A hearing on this petition was held February 18, 1987 with the following Board
Members. present: James Hacker, Chairman; Messrs. , Luzinski, Strout and Associate
Members Dore and LaBrecque. 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 Law Chapter 40A.
Petitioner, owner of the property, is requesting a Variance from parking require
mems to allow the existing retail use on the first floor to be changed to a
residential use. Property is located in a B-1 district.
The Variance which has been requested may be granted upon a finding of 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 Appeal, after careful consideration of the evidence presented at the
hearing, makes the following findings of fact:
1 . There was no major opposition;
2. Reduction in use would be in keeping with the area as business
use has been-decreasing;
3. There are no open spaces in the immediate area to be purchased
or rented for parking space.
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 exist which especially affect the subject
property but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would work
a substantial hardship on the petitioner
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from:, th
intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF JONATHAN REARDON, TRUSTEE, REARDON
I REALTY TRUST FOR A VARIANCE FOR 142 DERBY ST. , SALEM
page two
r. Therefore, the Zoning Board .of Appeal voted unanimously, 5-0, to grant the Variance
requested, subject to the following conditions:
1 . A Building Permit be obtained;
2. A Certificate of Occupancy be obtained;
3. Plans are to be presented to the Salem Fire Prevention Bureau for
approval prior to the issuance of a Building Permit.
VARIANCE GRANTED
)aures B. Hacker, Chairman
Ig A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
x
t
APPEAL FROS: TP,!$ DP=1_I^!, IF '.';Y, SHALL BE G.ADE-PURSJANT TO SECT@^ 17 OF T1:. i'..
CEI:ERAL LAYS, CHF.F,rk EJ8. A:.iD SHALL BE FILCO VpTlili: ZO DAYS AFTER. TF.E
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
Pi!RSP.%'T TO 1.:A-S. UNER%L LA':IS. CHAPTER BOC, SECTIC:1 11, THE VAP.IANCE DR SP'f1l:L ➢.
F.RA:�:EC HEP•EIN, SHi,L G::T T.'.!LE EFFECT UNTIL A COPT OF THEDCCISIDN, EEGRI!:"; THE
FiC=TIJI: O= THE (1'1CLB't THAT 2O DAYS HAVE ELAPSED ANO I(O JFFEAL HAS B
OR TH-T. Ir SUCH. 0.:i 6?"reAL H S BEEIi FILE. THAT IT HAS BEEN DISiLISS EO 0° DEI%"EJ S
RECORDED 1`. THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNCER THE NA6;r OF 1,7 C. . .
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. 'S
BOARD OF APPEAL
r1
4
ip
f
P4
4
k
�1
1
�G�a2ccrt2� /� /x'87
y7d
,/,
.U��a�r ��. �/✓a.c,(Jc2 � � sX �,ct � �q",eia�C!G
Az, mea , �t -4-
"C �� �� 7% �, /� eke .(ly,S �� a�[.G�. UR2lAa-G�✓
Z?40/1.Q P S !f GSC cP i t
A/S .
9 Lei
MORTGAGE INSPECTION
BAY STATE SURVEYING SERVICE INC.
234 CA80T ST, BEVERLY, MA.
LOCATION ' -- NOTES
............ ..
SCALE V 'e FT. DATE * This is a Mortgage inspection survey and not
an instrument survey, p therefore this lot plan is for
REFERENCE .tkcd.[� ..ZS?¢..��_,/8...__.----•- mortgage inspection purposes only.
a This survey is based on survey marks of
............... others.
To �1F..j�OSZP ----------- ® 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 • The building(s) are not located in the special
when constructed, flood hazard zone, as defined by H.U.D.
J
n
n
O
dor
�r
� V
5-5'
� N✓.ret.
,D -R f3 Y
7y Y
!J Yt
.)t
A f �l Jz� �tia . K