278 DERBY STREET - OSGOOD, GEORGE K - ZBA 278 Derby St. B-5
George K. Osgood
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DECISION ON THE PETITION OF GEORGE K. OSGOOD FOR A VARIANCE
AT 278 DERBY ST. (B-5)
A hearing on this petition was held November 16, 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Febonio, Luzinski, :Jutting and
Associate Member Dore. 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.
?etitioner, owner of the property, is requesting a Variance to allow the
property to be used for research and development of crystalline materials in this
B-5 district.
he Variance which 'nas been requested may be granted upon a finding of t.".e 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:
literal enforcement of the provisions of the Zoning Ordinance would involve
substantial haraship, financial or otherwise, to the petitioner, and:
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
nearing, and after :dewing the plans, makes the following findings of 'act:
1 . There was no neighborhood opposition expressed.
2. Those who spoke in favor considered the proposed use of the property to be
an asset to the community as it .could provide appropriate needed business
in the area.
Approval would enable a Salem company to remain in Salem.
On the basis of the above findings of fact, and on the evidence presented, 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. 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.
J
DEC'SION ON THE PETITION OF GEORGE K. OSGOOD FOR A VARIANCE AT
218 DERBY ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested on condition petitioner meet all requirements of the Salem
Fire Prevention Bureau.
GRANTED
Peter A. Dore, Associate Member, Board of .Appeal
CCPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
?dB ^Li(5'L-art ..o C-..(:nG 17 C`
6 recorcz_ catl no:_<1 un :gra u•c;;a(s Car:tic z of
BOAj2D OF.APPEAL]
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CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
WILLIAM E.LUSTER ONE SALEM GREEN
City Planner ` ° 01970
(508)745-9595,EXT.311
FAX(508)744-5918
uaMc
November 16, 1989
James Fleming
Chairman
Board of Appeals
One Salem Green
Salem, MA 01970
Dear Chairman Fleming:
I am writing regarding the petition by Crystal Systems Inc. requesting a use variance
be granted for the premises located at 278 Derby Street.
Across the country, cities large and small are pursuing a new economy which is
based on research and development entities locating within their downtowns. Crystal
Systems would like to use the premises as a research and development facility in
connection with the development of optical, photovoltatic and electro-optic materials.
The makeup of this business is clean industry, as such Crystal Systems would be a fine
addition to the area of the downtown which it is proposing to locate.
Given the small number of employees needed to staff this operation, and the
difficulty which the developer has experienced in leasing the premises, I wholeheartedly
recommend the use variance be granted.
Thank you for your consideration.
c ely,
Wi ' Luster
City Planner
M55
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