0222-224 DERBY STREET - MICHAUD, DONALD J & MARY G - ZBA r
222-224 Derby St. R-2
Derby Studios (Petitioner)
Donald & Mary Michaud (Own) '
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CITY CLEF..v.. ,-ALF.M.MASS.
DECISION ON THE PETITION_OF_DERBY_STUDIOS PIKn OGRAPHY INC. FOR A
SPECIAL PERMIT AT 222-224 DERBY STREEP (R-2)
A hearing on this petition was held on October 12, 1988 with the following
Board Members present: James Fleming, Chairman, Messrs. , Bencal, Nutting,
and 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 accordance with the provisions of Massachusetts General Laws, Chapter 40A.
The petitioners, represented by Attorney Chris Durcas, are seeking a Special'
Permit to change the existing use at the locus frau an Art Studio to a Photo
Studio. Teh property is located in an R-2 district.
The provision of the Salam 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 granting 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
and after viewing the plans, makes the following findings of fact:
1. The new use will be less intense that the present use.
2. The proposed use will be open to the public by appointment only.
3. The new use will not be detrimental to the existing neighborhood.
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 proposed addition will promote the public health, safety,
convenience and welfare of the City's inhabitants:
2. The Special Permit requested can be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent of the district of the purpose of the
ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-O. to grant the
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DECISION ON THE PETITION OF DERBY STUDIOS PHOTOGRAPHY INC, FOR A
SPECIAL PERMIT AT 222-224 DERBY STREET, SALEM
PAGE TWO
Special Permit requested, subject to the following conditions:
1. All the requirements of the Salem Fire Department, relative to
Fire Department, be adhered to
2. All renovation of the property conform to the provisions of the
Massachusetts State Building Code, including the issuance of a
building permit by the Building Inspector.
3. Any change in the facade of the property be approved by the Design Review
Board and the Salon Historical Commission.
SPECIAL PERMIT GRANPED
s M. Fl®ning, ESQ.
nnan, 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 THE MASS.
GENERAL LAWS. CHAPTER 803. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. CEN`RAL LAYS. CHAPTER 808, SECTION 11. THE VARIANCE OR SPECIAL PER`/IT
C'RANTED HEREIN, SHALL NCI. TAKE EFFECT UNTIL A COPY OF THE OECIS;0.4. BEARINI. THE CERT
FIC.ATON OF THE CISY CLER> THAT 20 DAYS HAVE ELAPSED. AND NO APPEAL HAS BEEN FILED.
UR THAT. IF SUCH AN APPEAL HAS BEEN FILE, THAT IT HAS BEEN DISMISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAS;E OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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SALEH, hASS.
FEBRUARY 14, 1979
DECISION ON PETITION OF UNITED ART GALLERIES, INC. CONCERNING PROPERTY AT 222-224
DERBY STREET LOCATED IN AN R-2 DISTRICT.
A hearing on this petition was held on February 14, 1979 with the following
Board c:embers present Douglas Hopper, Edward Luzinski, John Nutting, Arthur LaBrecque,
And Chairman James Boulger. Notices were sent to abutters and others' and duly
published in the Salem Evening News on January 31, and February 7, 1979 in accordance .
with Massachusetts General Laws, Chapter 40A.
The Petition requested a variance that would permit it to use the premises for
the purpose of converting the first floor of the premises from a two-apartment
dwelling unit to a retail art gallery and a variance from the parking requirements.
Attorney George P. Vallis represented the petitioner before the Board. It was
explained to the Board that the Petitioner had executed a Lease for five years with
option. to renew for an additional five years of the entire first floor of the existing
building containing approximately 1,216 square feet for its use as an art gallery
selling art, paintings, frames, etc. and other retail merchandise and accessories which
are naturally incident to the operation of a retail are gallery. The Board was
reminded that the premises prior to 1967 contained two commercial stores and that
a variance was granted in March of 1967 allowing the conversion into apartment units.
It was stated that it was difficult to maintain the residential use since such
a use is not characteristic of the immediate neighborhood and that the residential
units being located on the ground floor resulted in substantial turnovers due to the
fact that the constant foot traffic required the tenants to keep windows closed and
covered at all times. It was further pointed out to the Board that the proposed use
is a permitted use directly across the street and that adjacent properties were also
for commercial use.
No one appeared in opposition.
The Board voted unanimously to grant the variance permitting the proposed use.
It found that the proposed use as a retail art gallery is an appropriate use in
that area. It found that the proposed use would be beneficial to the neighborhood
and would result in a positive contribution to the change and revitalization of the
Derby Street area. Variance was also granted for parking requirements since the
proposed business would cater primarily to pedestrian traffic consisting mainly of
tourists and other visitors who would normally be in the area.
It was voted to grant the variance with the condition that any proposed changes
to the facade of the premises be submitted to the Salem Historic District Commission
and the Design Review Board for their respective approvals prior to issuance of a
building permit.
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PAGE TWO - DECISION - UNITED ART GALLERIES, INC. - 222-224 DERBY STREET
VARIANCE GRANTED WITH CONDITIONS.
C
Douglas Hopper
Acting Secretary
APPEAL FROM THIS OECISION, I.' ANY, SHALL BE MADE P!iRSU.ANT TO SECTION 17 OF THE I.auB. -
GEN'RAL LAMS, CHAPTER SOS. A!;D SHALL EE FIL-U, '"IHMIN 20 DAYS ANTE? THE DATE OF FILING -
OF THIS DECISION IN THE OFFICE OF THE CITY CLE2i:.
PU"SANT TO LIASS. f,".-NERALL-:CNS. CH:.PTEO Qa. '-.. . -1, THE YAMANCE 02 SPECIAL 1`:9,'.:IT
,:'ANTED HUE.%. SHALL NOT L;riE EFF-:;T L'`CL A Ce PY 6:'i H'i %_.....,. .. K,',l!IG THE CEET-
Ii:LTiOiI OF ?'HE CiiY CLERK 7li,;l2U Bi:'S ;!:t:.`. �i Ln P>e0 i)ND F'P:iGL HAS BEE.': FILED,
,.° ;H^T. IF SL'SH 7 APPEAL HAS SEEN FILA,:C;.. G L;A:•lS:;EO OR O`_'IIEO IS
RE::Ji\:i;0 I:I n!E SOPH ESSEX REONSTR'i OF DNS?CS :;!UEY.EG NAD"R THE GA:.!E OF THE Gv"iHER
01 RECORD OR IS 920P.0E9 AND NOTED 01 TL- O.,k�73 C-RFIFIC:ITE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANTING BOARD AND THE CITY CLERK.
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