278 DERBY STREET - OSGOOD, GEORGE - ZBA (2) I 278 Derby St. R-3
George Osgood — - — - -- - — - - — - _
I
U
rnavu.�
(flit of Salem, Cfassttrl us cite
V.
3" s ��
Pf o
D DttreaI
BILI"
DECISION ON THE PETITION OF GEORGE OSGOOD FOR A
VARIANCE FOR 278 DERBY STREET '
A hearing on this petition was held on August 22, 1984 wit tYgj�fblloy�pg ,
Board Members present: James Hacker, Chairman; Scott Charnas, See?etary;"'
Messrs. Robert Gauthier & Edward Luzinski and Associate Member, Richard
A. Bencal. Notice of the hearing was sent to abutters arj'd �o'therg and`7F -_E
notices of the hearing were properly published in the Salem R69ning News
in accordance with Massachusetts General Laws Chapter 40A.
The petitioner has requested a Varinace from parking, density, side line,
front yard, rear lot line and height requirements in order to construct
58 multi-family dwelling units with additional commerical space at 278
Derby Street, all as more fully described in the petition and plans
filed with the Board. Petitioner is the owner of the premises, which
is in an R-3 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 in-
volve substantial hardship, financial or otherwise, to 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 hearing the evidence presented at the hearing and
after viewing the plans, makes the following findings of fact:
1. No opposition to the plan was raised by neighbors;
2. The lot is unique in regard to the configuration of the buildings
on the lot, the proximity to public parking, and downtown area;
3. The current buildings cannot be used in any economically feasible
manner within the constraints of the Ordinance.
On the basis of the above findings of fact, and on-)the evidence presented
at the hearing, the Board of Appeal concludes as Qlloid3:
U. r
r c 71
i'-rn =�
P
;-n C
Ce
PETITION OF GEORGE OSGOOD FOR VARIANCES 7
a -
FOR 278 DERBY STREET c
1. Special conditions exist which affect this lot wn ch
do not affect the district generally;
J
2. Literal enforcement of the Ordinance would work 4� sub-
stantial hardship upon Petitioner; M ON
3. The Variance can be granted without substantial detriment to the
public good and without substantially derogating from the intent of
the district or the purpose of the Ordinance.
Therefore, The Board of Appeal voted unanimously to grant the relief re-
quested, provided that:
1. The peaks of the buildings described in the plans filed with the
Board be lowered by 10 feet below the height shown in said plans;
2. Liberty Street may not be used as access to the premises from
Charter Street;
3. If the buildings or parts thereof become condominums, at least
one parking space shall be assigned to each dwelling unit;
4. The plan must be approved by the Salem Fire Department prior
to starting construction;
5. The City Planner is henceforth to be involved in any or all of
the phases of planning and construction regarding the premises
as he sees fit
VARIANCE GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FROM. THIS DEMIM, 1. ANY, SHALL BE L:R.JE PJRSUANT T' S`.'.i:G It 17 CF THE :.;,"-S'
GENERAL LA',VS, CHAPTER 608. AND SW-IL 5E F:'--- -.: ..:..: 2D DA\S A" .1 .HE G:UL OF FILING
OF THIS DECIS!CN IN THE 'i iCE Vr TF!C CITY C:=n:C
PORSANT TO !.:ASS. GEi ERAL LASTS, CKA."Ti.2 8711. 11, THC \'n�.!AE�c •^.2 7. ^l ."n•.:IT
GRANTED HEP,ECC. SHALL N TA:.E EF[E�T UNTIL A B=F CF T i. E(I %:i. ° - ___RT-
FICATION OF THE CITY CLERK T1AT 20 DAIS HAIE E.Grc=J Cod Ni AFP-AL HA_ 67t,: FLED,
OR THAT, IF SUCH AN APPEAL HAS BEEN F;'-E, i"t IT H-S ==EN DIS':ISSED CR OB:iEO IS
RECORDED IN THE SOUTH ESSEX REGISTRY LF DEEDS AND INDEXED U'n'OGR THE NA'.IE OF THE CWN2t
OF RECORD OR IS RECORDED AND WED ON THE OjVNER S CERTIFICATE OF TITLE.
BOARD OF APPEAL