222-224 DERBY STREET - MICHAUD, DONALD J & MARY G - ZBA 222-229 Derby St.� R-2 --
Donald J.& Mary G. Michaud (owners')
De rby Studios (pet) t
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DECISION ON THE PETITION OF DERBY STUDIO OF PHOTOGRAPHY, INC.
(PETITIONER) DONALD & MARY MICHAUD (OWNERS) FOR A SPECIAL PERMIT
AT 222-224 DERBY STREET (R-2)
A hearing on this petition was held May 31 , 1989 with the following Board Members
present: James Fleming, Chairman; Messrs. , Bencal , Luzinski and Associate Member
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
Massachusetts General Laws Chapter 40A.
Petitioners, represented by Attorney Chris Drucas, are requesting a special Permit
to allow a display window at 222-224 Derby Street, currently in an R-2 district.
- 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 non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, land, structures,a nd uses, provided, however, that such
extension, enlargement, or expansion shall not be 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, and
after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition presented at the hearing.
2. The additional window is necessary to enhance the visibility of the
photography business.
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 granting of the Special Permit requested will promote the convenience
and welfare of the City's inhabitants.
2. The relief requested can 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.
tF.
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DECISION ON THE PETITION OF DERBY STUDIO OF PHOTOGRAPHY INC. (PETITIONER)
DONALD & MARY MICHAUD (OWNERS) FOR A SPECIAL PERMIT AT 222-224 DERBY STREET, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the
Special Permit requested, subject to the following conditions :
1 . All construction to be done in accordance with the plans submitted and
in compliance with the Massachusetts Building Code.
2. All conditions of the Special Permit granted 10/12/88 be incorporated
and made part of this decision.
3. All construction be as per the plans submitted.
4. No signs to to be displayed in the new window.
SPECIAL PERMIT GRANTED
Jam�MFleming, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPeal from this decision, it any, shall be made pursuant to Section 17 of
,the Klass. ene
Gral Laws, Chapter So8, and shall be filed within 20 days
after the date of filing of this decision in the office of the city Clerk.
Pursuant to Ktass. Ganeral Laws, Chapter 8CS, Section 11, the variance
de
haaring ?he rnrt
Spacal Permii granted herein s':.;; pat "!ie effect until a copy of the
decision, Fcation o; 'no City Clerk that 2D tlays have
e!apsad end no anneal hs �� ;:;
.ad. a that. if such appeal Sas been
�:�ed, LY:! < ccs beer. ,-L,n;i,aed or ceMed is recorded in tha South EsseX
Registry cf Ceeds and indexed under the name or the owner of record or
is recorded and noted on the owner's certificate of Title,
BOARD OF APPEAL
s
FILE#
a tIT► CLERK.
•• ,,.,,k lAL6M.'MA36.
y b CtV of $Aem, gassarhuseAr U 11 � ,� •�
w'.3 ', a FILE#
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o-�t,m,o"J CITY CLEPK.. CAIEM. MASS.
DECISION ON THE PETITION OF DERBY STUDIOS PHOTOGRAPHY INC. FOR A
SPECIAL PERMIT AT 222-224 DERBY STREET (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 Salam 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 from 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 Sectign 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, 4-0 to grant the
Iz
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 Salam 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 Salam Historical Commission.
SPECIAL PERMIT GRANTED
s M. Fleming, ESQ.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FIT 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 808, 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. GENERAL U.WS. CHAPTER 808. SECTION 11. THE VARIANCE OR SPECIAL PERMIT
CRANTED HEREIN. SHALL NCT TAKE EFFECT UNTIL A COPY OF THEDECIS;OY. BEARTNJ THE CERT
FICATION OF THE CrY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FI;.ED.
OR IHA.T, 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 NASIE OF THE OWNER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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