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Legal Notice 1
CRY OF SALEM
BOARD OF APPEAL
978.7459595 Ext 381
Will hold a public hearing for all
persons interested in the petition sub-
miffed by Christine McClwm request- i
ing a Special Permit per Section 8-3 to
allow a Graphic Art Business and
Art Gallery for the property located at
107 Federal Street R-2. Said hearing i
will be held on Wednesday,August
16,2006 at 6:30 P.M,120 Washington
Street,3rd floor,Room 313.
Nina Cohen,Chairman
SN-8/2,8/9/06
I
u
ANwrlt CITY OF SALEM, MASSACHUSETTS CITY OF SALEM. MA.,
BOARD OF APPEAL CLERK'S OFF► ,,'_
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS O 1970
TELEPHONE: 978-745-9595
FAX: 978-740-9846 200b_SEP_,I IP-A: -3R
KIMBERLEY DR15COLL
MAYOR
August 17, 2006
Decision
Petition of Christine McClearn requesting a
Special Permit to allow a graphic design and art gallery
at the property located at 107 Federal Street, R-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 16, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members present: Robin
Stein, Annie Hams, Stephen Pinto, Bonnie Belair, Elizabeth Debski.
The petitioner, Christine McClearn, is requesting a Special Permit pursuant to section 5-3
0) to allow for a graphic design business and art gallery located at 107 Federal Street
Street, Salem, in the Two Family Residential (R-2) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 107 Federal Street is within the R-2 zoning district.
2. The petitioner, Christine McCleam, will run the graphic design business as
primarily a graphic design studio, with an ancillary use as an art gallery.
3. The petitioner is requesting an extension of the previously non-conforming use to
allow the graphic design business use for the site.
4. The site was previously used as a florist shop, a pre-existing non-conforming use.
5. The petitioner will only utilize the first floor of the property for the graphic design
business.
6. The hours of operation of the graphic design business will be Monday-Friday
during regular business hours, and the art gallery will operate during the same
business hours with the only exception being an occasional Saturday or Sunday
appointment as needed and an occasional evening gallery reception for artists.
7. Parking for the use will be accommodated by the existing on-street parking, or the
single off-street parking space on the site.
8. The graphic design business shall function on an appointment only basis and shall
not function as a retail space..
9. There were two members of the public who spoke in favor of the petition, with
consideration of conditions of operation being limited to no greater than that of
the previous use.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition, the Zoning Board of Appeals
concludes as follows:
1. The petitioner's request for a Special Permit to allow the use of a graphic
design business and art gallery at 107 Federal Street does not constitute a
substantial detriment to the public good.
2. The requested Special Permit does not nullify or substantially derogate from
the intent or purpose of the zoning ordinance.
3. The petitioner's proposal will be continuing a pre-existing non-conforming
use.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Harris, Pinto, Debski, Belair) and none (0) opposed, to grant the request for a Special
Permit, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
4. The petitioner shall operate the graphic design business on the first floor of the
site only.
5. The art gallery shall be limited to showing paintings and photographs displayed
on the walls and shall not include the display or sale of crafts,jewelry or other
art-craft type objects .
6. There shall be only three (3) employees on site (including the business owner) at
any one time for the operation of the graphic design business.
7. This Special Permit will expire with this business (Studio 107 and ancillary art
gallery) and any other business seeking to occupy this space is required to apply
for a new Special Permit.
d'ovsz e-- Raw: /Dw.
Annie C. Harris
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate of the City clerk that
20 days have elapsed and no appeal has been filed,or that,if such appeal has been filed,that it has been
dismissed or denied and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of Title.
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APR
CY7YOf
DECISION ON THE PETITION OF KENNETH SMITH/HI-DA-WAY PLANT FOR A
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 107 FEDERAL STREET (R-2)
A hearing on this petition was held March 15, 1995 with the following
Board Members present: Gary Barrett; Acting Chairman; Nina Cohen,
Albert Hill, Associate Members Joseph Ywuc and Arthur 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
q r n riignnp ,;?th Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to allow a change of use to
allow a flower shop for the property located at 107 Federal Street.
This property is located in a R-2 District.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j), which provides
as follows:
n
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, 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, that such
change, extension, enlargement or expansion shall not be
substantially more detrimental 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 careful consideration of the evidence
presented at the hearing and after viewing the plans. makes the
following findings of fact:
1. Petitioner conducts a retail establishment engaged in the
business of flower sales, and has been engaged in business for
several years.
2. The majority of the petitioners business is conducted with
telephone orders.
3. Petitioner utilizes two delivery vans to deliver it's floral
arrangements.
4 . The site was previously used as a convince store.
DECISION OF THE P -V.
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 10 FEDERAL STREET (R-2)
page two
5. There are two 15 minute parking spaces in `.front of the property.
6. Petitioner requested a variance for change of use to enable the
first floor space to be used as a flower shop.
7. The following people who were at the hearing and spoke in favor:
Bill & Betsy Burns 22 Beckford Street Councilor at Large
The Arlander Family 93 Federal Street
Joan Boudreau 138 Federal Street
Richard Lindeman 113 Federal Street
Joel Caron 4 Andover Street
Victoria Stevens 5 Monroe Street
John Carr 7 River Street
David Hart 104 Federal Street 9
Ellen DiGeromino 11 Church Street
Elizabeth Hunt 2 River Street
Darlene Melis 115 Federal Street n _
Joan Griffin 105 Federal Street n
8. The following people submitted letters in support of the = aNs
petitioners request: y
The Arlander Family 93 Federal Street 'rn
Joan Boudrequ 138 Federal Street N
Richard Lindeman 113 Federal Street
Joel Caron 4 Andover Street
Victoria Stevens 5 Monroe Street
5. he Board may grant a special permit cur :range of use to a
non-conforming structure even though the petitioner applied for a
variance.
10. Special permit may be granted upon the finding that the special
permit will promote the public health, safety, convince or
welfare of the city's inhabitants.
11. Neighbors speaking in favor of the request expressed a concern
and
a desire to limit the use to the specific use of the property as
a flower shop.
12. The change of use to a flower shop as requested by the petitioner
will not be substantially more detrimental to the neighborhood
then the existing non-conforming use.
13. There was no opposition to the petitioners request for a change
in use for a flower shop.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as fellows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
DECISION OF THE PETITION OF KENNETH SMITH/HI-DA-WAY PLANT SHOP
FOR THE PROPERTY LOCATED AT 107 FEDERAL STREET (R-2)
page three
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to
grant the Special Permit requested, subject to the following
conditions:
1. Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
3. A Certificate of Inspection is to be obtained.
4. A Certificate of Occupancy is to be obtained.
5. Petitioner is to obtain approval from any City Board or
Commission having jurisdiction including, but not limited to, the
Planning Board.
6. Special Permit will expire with business at 107 Federal Street
(Hi-Da-Way Plant Shop) . .q
Special Permit Granted o "�
March 15, 1995to
((JJ
J JJ o^ .a
Joseph J. Ywuc n
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL Chapter 40A and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk.
Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days
have elapsed and no appeal has been filed, or that, if such appeal
has been filed
that it has been dismissed or denied is recorded in
the South Essex Registry or Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate
of Title.
Board of Appeal
0)
Qv
IRON ROD LAURA L.. BJORKLUND, TRUSTEE OF THE
FOUND TWENTY ONE BECKFORD STREET REALTY TRUST
REC. BK. 19002 PG. 262
PL. BK. 2132 PG. 231
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IRON AD — FOUND OD UNIT 3 FOR PARKING
Q) ! DURING SNOW EMERGENCY
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#107
PARKING / PARKING / 3 JOHN H. NEELY & CHRISTINE B. SULLIVAN
/ I REC. BK. 17419 PG. 302
EXCLUSIVE USE EXCLUSIVE USE / PARKING
UNIT 1 / v v
i° ti UNIT 3 EXCLUSIVE USE N �I
�o UNIT 2 ' N /
/ rCO
/ N Zo 2
FACE OF BUILDING
ON STREET LINE / I
COMMON /
Oi � N
— � CO 1.0'
10.0' ' II 62.34'
F
— � k 4.7' 65.75' N59'04'16"E — S58'23 24 W DRILL HOLE
EXCLUSIVE USE o \ �' S FOUND
UNIT 1 � _ 4.3'
2ND FLR
OVERHANG
PUBLIC—VARIABLE WIDTH) STREET
FEDERAL ( NOTES:
O1. TOTAL AREA = 2207 t S.F.
BENCHMARK 2. BUILDING CONSTRUCTION IS GRANITE & BRICK FOUNDATION,
WOOD CLAPBOARD SIDING AND ASPHALT SHINGLE ROOF.
3. BENCHMARK— TELEPHONE MANHOLE RIM = 100.0 FEET
(ASSUMED DATUM).
4. FIRST FLOOR ELEVATION = 102.4'.
5. BUILDING #107 CONSISTS OF THREE UNITS NUMBERED 1, 2 & 3.
6. DEED REFERENCE — RECORD BOOK 15724 PAGE 432.
7. PLAN REFERENCE — PL. BK. 2132 PG. 231
8. THIS PLAN IS THE RESULT OF AN INSTRUMENT SURVEY.
I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE LINES 9. THE BUILDING HAS NO NAME.
DIVIDING EXISTING OWNERSHIPS AND THE LINES OF STREETS AND
WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS
FOR REGISTRY USE ONLY ALREADY ESTABLISHED AND NO NEW LINES FOR DIVISION OF
EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN.
CHAPTER 41 SECTION 81x. PLAN 0 F LAN D
IN
I CERTIFY THAT THIS PLAN CONFORMS TO THE SALEM LCA A
RULES AND REGULATIONS OF THE REGISTERS OF DEEDS. S A E M
GRAPHIC SCALE PREPARED FOR
I CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE 5 0 3 5 10 20 107 FEDERAL STREET CONDOMINIUM
1070UTFEDERALATION STRE TN SALEMN MIA., ASFBUIILT AND (FULLY NGS T !+�'`��Mof��f+cam SCALE 1'
LISTS THE UNITS CONTAINED THEREIN. oa` aLe � = 5' FEBRUARY 28, 2005
( IN FEET ) NORTH SHORE SURVEY CORPORATION
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No.35M I inch = 5 rt 47 LINDEN STREET — SALEM, MA
e
DATE /REGISTERED PROFESSIONAL LAND SURVEYORfSOpA( ND
#2452