281 DERBY STREET - CLARKE, DONALD - ZBA 281 Derby St. (B-4)
Donald Clarke
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DECISION ON THE PETITION OF DONALD. CLARKE FOR A
SPECIAL PERMIT FOR 281 DERBY ST.
A hearing on this petition was held October 9, ft�SitFy he wing Board
Members present: James Hacker, Chairman; Messrs. , agr , Mer, Strout and
Associate Member Bencal. Notice the hearing wafteV t to abutters and others and
notices of the hearing were properly published in the Salem Evening News in
accordance with Massachusetts General Laws Chap31FY1k@A;; 94;.EpLAABS.
Petitioner, owner of the premises, requests a Special Permit to allow him to
construct a 36' x 50' addition as more fully described in plans submitted to the
Board inthis B-4 district. Under the Ordinance, the parcel's 53.73 feet of
frontage is insufficient.
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, ex-
tension or expansion of nonconforming lots, lands, structures,
and uses, provided, however, that such change, extension, en-
largement or expansion shall not be substantially more detri-
mental than 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 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 was presented to the plan;
2. The addition proposed will allow petitioner's tenant
to expand his business without impacting negatively on
the abutters nor on the surrounding area.
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 . The relief requested will not depart from the intent of the Ordinance;
2. The relief requested is not detrimental to the public good, nor is it
an unreasonable increase of the exisitng nonconformity.
DECISION ON THE PETITION OF DONALD CLARKE FOR A
SPECIAL PERMIT FOR 281 DERBY ST. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the relief
requested, provided that a Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL FRDL: THIS DECISION, IF A.';Y. SHALL BE MADE PURS'JMT TO SECTION 17 OF THE 14ASS.
GERErk, LA.:S. CHAPTER SOS, FGD SH!:LL BE EOE'. C9T. IN 2D DAYS AFTER THE D4 OF FILCiS
OF TY.'-S DE�;iS:Xi IN THE C,q; OF THE CITY CLE7fl.
PUP.SA:T TC CEt•:EI?AL LAV:%. CFP,? ER SLS, SECT;Y.: ll, Ti'E VA?iAGCE CR `'-OiCIAL PER�.'M
GRA4TE:� HMEIN. Eii.,MU HC'. IVB E EFFECT UNTIL A COPY 07 THE OECI`!OS, THE LEr".i
FICATID.". CF THC CITY CCERf. 'i h,'C. 2C, 9A`S H4':E 01:'== f' C' No k."PEnL NAC, °EEiJ FILED.
OR THAT. IF SUCH Ai: APPEAL 11-, SHN FILE, TSAF IT fi i L Hi: CIS:.:ISFED OR DERIED IS
RECORDED IN THE SOUTH ESSEX RE61S7RY OF DEEDS Ai:O iNDEXED UNDER THE tt.AGiE OF THE 0WNEP.
OF RECORD OR IS RECORDED AND NOTED ON THE OiYUER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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