135 DERBY STREET - MARKS, JOHN & GINA - ZBA St.
135 Derby ark B-1
John & Gina Marks (Petitioners)
Thaddeus G. Wlodyka (Omer)
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Potts of Appeal
DECISION ON THE PETITION OF JOHN AND GINA MARKS (PETITIONERS) FOR A
SPECIAL PERMIT AT 135 DERBY ST. (6-1 ) THADDEUS G. WLODYKA (OWNER)
A hearing on this petition was held August 22, 1990 with the following Board
Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary; Richard Febonio and Mary Jane Stirgwolt. 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.
Petitioners are requesting a Special Permit in order to allow use of the
premises for a palm reading and card reading home occupation in accordance
with Section 5B-1 of the Zoning Ordinance. The property is located in a
B-1 district and is owned by Thaddeus G. Wlodyka.
The provisions 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, 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, makes the following findings of fact:
1 . The premises and building in question is a residential three family home
in a B-1 zone.
2. All abutters of the premises were notified by mail of this petition
before the Board.
3. The petitioners are residents of the building for two years and they have
conducted the same business at Pickering Wharf for the past four years, and
prior to that in Cambridge for twenty years.
4. That the petitioner, Mrs. Marks, is a 65 year old woman in failing health
and can no longer conduct her business other than in the home.
5. That the estimated customer flow into the business is to be expected from
pedestrian traffic at the rate of one or two persons per day.
DECISION ON THE PETITION OF JOHN & GINA MARKS (PETITIONERS) THADDEUS
WLODYKA (OWNER) FOR A SPECIAL PERMIT AT 135 DERBY ST. , SALEM
page two
6. That the business will be conducted on the first floor unit where the
petitioners reside and that there will be no employees of the business
other than the petitioner.
7. That the business will not occupy more than 25% of the floor space of the
residential unit and that the business will be conducted entirely within
this unit.
8. That there was no opposition to the petition duing the public portion of
the hearing.
9. That the owner of the premises, Mr. Wlodyka, appeared before the Board
and spoke in favor of the petition.
10. That the neighborhood in question is an Historic Area and there are many
other small businesses adjacent to and abutting the petitioners premises.
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 . Thi proposed changes will not be substantially more detrimental to the
ne= ghborhood than the existing nonconforming use and can be granted in
harmony with the zoning ordinance and without derogating from its intent
of- the public good.
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coTherefbre, the Zoning Board of Appeal voted unanimously, 5-0, to allow the
Special Permit requested, subject to the following conditions:
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� 1 .i&'That the signage restrictions as delineated in section 5B-1 of the
.� Zon.ing Ordinance be strictly adhered to.
2. That all proper permits and/or licenses be obtained from the Historical
and Licensing Boards respectively.
3. That all necessary State and local permits be obtained, including, but not
limited to building and fire permits and inspections.
SPECIAL PERMIT GRANTED
August 22, 1990 C �
osa! h C. Correnti , Secretary
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 Mass. General Lass, Chapter 808, and shall be filed within 20 days
after the date of mins cf this decision in the office of the City Clerk.
Pursuant to Mass. General La.vs, Ch;,Star 808, Section it, the variance
or ?pecial Permit oranted herein sh:a! not take effect until a copy of the
r!ecishon, bearing the cel Of the City Clerk that 20 days have
elapsed and no appeal has bean Gled, or that, if such appeal has been
fileti, that it has been dsmi=sec-. or cienie' is recorded in the South Essez
Registry of Deeds and indexed under the name or the owner of record Qc
is recorded and noted do the owners Certificate of Title.
BOARD OF APPEAL