63 FLINT STREET - BUILDING INSPECTION uu
UPC 10330
No.. 53L bsT.ca
HASTINGS.NN
Certificate No: 773-06 Building Permit No.: 773-06
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the BUSINESS located at
Dwelling Type '
0063 FLINT STREET in the CITY OF SALEM
--------------------------------------------------------------------------- -----------------------------------------------------------------------
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
INTERIOR RETAIL TENANT
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires _ unless sooner suspended or revoked.
Expiration Date
Issued On: Mon Nov 20,2006 --------------------------
GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. --------------------------------------------_._-_._...._.._...-----------
CITY OF SALEM
BUILDING PERMIT
LAwc4rA�;a F�•t Codi Sa 3LS�R9/0
0063 FLINT STREET _ 773-06
GIs# .- - COMMONWEALTH OF MASSACHUSETTS
Map
slack CITY OF SALEM ,
Lor 0001
Cai�gory RLPAIIt/REPLACE i
ept�ul' 77306. BUILDING PERMIT.
Po}ectfk IS-200,6 1551 -1
Esr CflsE . $200,000100 .
' Fee Charged;.'' $2100$:00.
$alance Due:::
$oo'.': :: PERMISSION IS HEREBY GRANTED TO:
Cohst Glass Contractor: License:
fse Gtpup ICM CONTRACTOR INC GENERAL
Lot Stze(5q fi) 11ID78'.
�ontaa _
-- nwne LIED-REALTYTRUST OF SALEM THE J.
Units Gained: j j�iPprica~.t; ALI.iE.?rz,,'.LTY TYeiit,,f-"'f7^Srt .RM T1Lr''
Units'Lost:.:. AT: 0063 FLINT STREET
Dig Safe
ISSUED:ON: 23-Mar-2006 AMENDED ON: EXPIRES ON: 23-Sep-2006
TO PERFORM THE FOLLOWING WORK:
Interior Retail Tenantltjp
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric, Gas Plumbing Building
.'Underground: Underground: Underground: Excavation:
Service: Meter: Footings:
Rough: ) —„2—O,E Rou Rough: Foundation:
Final: Final: Rough Frame:/44;
rame:
Fireplace/C ' ey:
D.P.W. Fire) Health
Insulati
Meter: Oil: e
Fi CDi
(louse# Smoke: 61
T easJry:
Water: Alarm: 11
(Sewer: (Sprinklers: ( _
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM[ UPON VIOLATION OF ANY PITS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: - Check No: . t. ,knmmn:
�yBUILDING KEC-2006-002164 23-Wir 06 49255- - i $2.005,00
11+�NtR1wPWn'f�III� HIB. . t•
GeoTMS®2006 Des Lauriers Municipal Solutions,Inc.
l CITY OF SALEM, MASSACHUSETTS CITY OF SALEM. MA
i BOARD OF APPEAL CLERK'S OFFICE
'y�Ol�e 120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970 7 Jp
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 -1005 UN 21 A Ilk 18
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF LANDRY&ACARI RUGS &CARPETING
REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 63 FLINT
STREET BPD
A hearing on this petition was held on June 21, 2005 with the following Board Members
present:Nina Cohen,Chairman,Richard Dionne,Nicholas Helides, Steven Pinto and
Edward Moriarty. 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.
Petitioner request a Special Permit to convert existing non-conforming use to allow retail,
wholesale, office and storage use for the property located at 63 Flint Street located in a
BPD zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 (2)(8)which provide 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 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 for the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship,financial or otherwise,to the petitioner.
C. Desirable relief may 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.
DECISION OF THE PETITION OF LANDRY &ACARI RUGS &CARPETING
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 63
FLINT STREET BPD
page two
The Board of Appeal,after careful consideration of the evidence presented, and after
viewing the plans,makes the following findings of facts:
1. Petitioner Landry&Arcari appeared through their Attorney William Quinn,Esq.
of Tinti,Quinn,Grover&Frey LLC. Since the 1930's, Landry&Arcari has
operated a retail and wholesale rug and carpet sales business in Salem. Presently
occupying a converted residential building on Pleasant St., Landry&Acari
wishes to relocate to larger quarters at 63 Flint St in the Business Park
Development district. Because the ordinance does not allow retail uses in the
BPD district,petitioner seeks a special permit to allow them to enter into a lease
agreement with the property owner, Colaris III,LLC and to relocate their existing
business to the proposed site.
2. The property owner submitted an affidavit to Deborah Collier-Comins stating
their support for the petition.
3. The proposed site consists of two large warehouse style metal buildings. Landry
&Acari's proposed use will occupy one building while the other will be used for
storage for this business and others. Landry&Arcari will use the 9800 sf space
for the storage,display and sale of rugs and carpeting,and for the business
offices of the company.
4. Parking is ample for this use and is sufficient for the mixed use proposed for
the site.
S. Attending the public meeting and speaking in support of the petition were
Meg Twohey, Betsy Bums and Maggie Lemeulin,who are Federal Street
Residents and members of the Federal St.Neighborhood Association.
They testified that the Landry&Arcari plan has the support of many neighbors
that is an appropriate use and not excessive,that it will improve the location.
Ms. Lemeulin stated her opinion that,based on the comments of the committee
that developed the North River Canal Corridor Zoning District,the Landry&
Acari business would be an excellent match for the mixed use goals of the
proposed district.
6. Landry&Arcari undertook to submit plans for signage at the site to the
appropriate City committee,and to create signs in accordance with the
with the directives of that committee.
On the basis of the above findings of fact,and on the evidence presented at the
hearing,the Board of Appeal concludes as follows:
DECISION OF THE PETITION OF LANDRY&ARCARI RUGS& CARPETING
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 63
FLINT STREET BPD
page three
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health,safety,convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property,but not the
district in general.
On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested,subject to the following
conditions.
1. Petitioner shall comply with all city and state statues, code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any construction.
4. Petitioner shall obtain a Certificate of Inspection.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
7. Petitioner shall obtain approval from any City Boards or Commission having
jurisdiction including,but not limited to the Sign Committee.
8. Special Permit for Landry &Acari only. dr,
Special Permit Granted / iz�c
June 21,2005 Nina Cohen,C `� 1
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 Sled within 20 days after the date of Sling 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 uitil a copy of the
decision,bearing the certification of the City Clerk that the 20 days have elapsed and
no appeal has been Sled, or that,if such appeal has been filed,that is has been
dismissed or denied is recorded in the South Essex Registry of Deeds and indexed
under the name of the owner or record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal
�coxolrk CITY OF SALEM9 MASSACHUSETTS
x.
PUBLIC PROPERTY DEPARTMENT
3 y, 120 WASHINGTON STREET, 3RD FLOOR -
a�?'. f�a. SALEM, MAO 1970
TEL. (978) 745-9595 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
April 11, 2003 lrtbopy
George P. Laventis Esq.
191 Main Street
Gloucester, MA. 01930
RE: 63 Flint Street
Dear Mr. Laventis:
The property at 63 Flint Street is located in a Business Park Development District. The
proper area for landscaping materials and vehicles would be an area zoned "Industrial"
There are several areas of the City with the proper zoning.
Per your request, I have enclosed a copy of Section 5-2 of the Salem Zoning Ordinance.
Since ely,
Thomas St. Pierre
Acting Zoning Officer
cc: Mayor's Office
Tom Phillbin
Councillor Bencal
City Solicitor John Keenan
USE REGULATIONS SALEM ZONING ORDINANCE Art.V, §.5-2
ARTICLE V. USE REGULATIONS d. No products shall be publicly displayed
or offered for sale from the roadside.
Seca 5.1. Generally. (3) Nursery,elementary and secondary schools,
(a) Uses of land,buildings and structures shall public parks and playgrounds, and public
be regulated according to the schedule of uses set libraries.
out in this article for each type of district. "Per- (4) Churches and similar places of worship.
mitted uses" are those which shall be permitted
in the district at any time. "Special permit uses" (5) Parish houses, convents and monasteries.
are those which may be permitted in the district (6) Institutions of higher education.
at the discretion of the board of appeals upon its
determination that specific conditions are satin-
Fled. As explained in section 5-3(h)(3), "prohibited (3) Private garages and other accessory uses
uses"are those which shall be specifically prohib- and buildings, provided that such uses are
ited in the City of Salem at any time. clearly incidental to the principal use. All
(b) The interpretation of the language of this the buildings on the lot shall not occupy a
ordinance with respect to permitted and special greater percentage of the lot area than
permit uses shall be in accordance with the intent listed in Table I following Article VI herein.
stated in section 3-1 for each type of district. (b) R-2 Districts. The following are permitted
uses in the two-family residential districts:
(c) The term "use of land" shall include the in-
terpretation which shall include the restriction (1) All uses permitted in R-C and R-1 Districts,
that the land cannot be used for the storage or except agricultural,horticultural and flori-
overnight parking of motor vehicles, including cultural operations.
trucks, tractors, trailers except as exempted by (2) Two-family dwellings,detached or attached.
section 7-1, unless the "permitted use" for build-
ings in the district allows such parking for the (3) Rooming and boarding of not more than two
storage of commercial motor vehicles. (2) persons.
(4) Historic buildings open to the public.
Sec. 5.2. Permitted uses. (5) Museums.
(a) R-C and R-1 Districts. The following are per- (6) Private garages and other accessory uses
mitted uses in the residential-conservation and and buildings, provided that such uses are
one-family residential districts: clearly incidental to the principal use.
(1) Detached single-family dwellings. (7) Buildings and facilities for elderly housing
(2) Customary agricultural, horticultural and projects built under the jurisdiction of the
floricultural operations, provided that: Salem Housing Authority and financially
aided by either the U.S.Public Housing Ad-
a. All the,buildings combined shall not ministration and/or the Commonwealth of
occupy a greater percentage of the lot Massachusetts Department of Commerce-
area than listed in Table I following Division of Public Housing.
Article VI herein. (c) R-3 Districts. The following are permitted
b. No storage of manure or odor- or dust- uses in the multifamily residential districts:
producing substance and no building
in which farm animals are kept shall (1) All uses permitted in R-2 Districts.
be permitted within one hundred (100) (2) Multifamily dwellings.
feet of any property line.
. c. No greenhouse heating plant shall be (3) Private garages and other accessory uses
operated .within fifty (50) feet of the and buildings, provided that such uses are
property line. clearly incidental to the principal use.
11
Art.V. 3 SALEM ZONING ORDINANCE USE REGULATIONS
(d) B=1 Districts. The following are permitted (e) B-2 Districts. The following are permitted
uses`Inn the neighborhood business districts: uses in the highway business districts:
(l) All uses permitted in R-3 Districts, subject (1) All uses permitted in B-1 Districts, subject
to all the provisions specified for each use. to all provisions specified for such uses, ex-
(2) Grocery, fruit, vegetable and meat stores, cept that all residential uses are prohib-
delicatessens. ited.
(3) Bakeries,provided that all baked goods are (2) Restaurants and other eating places in
sold at retail on the premises only. which alcoholic beverages may be served
(4) Drugstores. on the premises.
(5) Stores selling liquor,beer and wine for con- (3) Motels.
sumption off the premises. (4) Automobile service stations, subject to the
(6) Newsstands and variety stores. restrictions of section 7.2.
— (5) Off-street parking and loading facilities and
(7) Dry goods and notions stores.
other accessory uses and buildings, pro-
(8) Book, stationery and gift stores. vided that such uses are clearly incidental
(9) Florist shops, but excluding greenhouses. to the principal use.
(10) Hardware stores. (6) Supermarkets.
(11) Banks and savings and loan institutions. (7) Retail department stores located within a
shopping plaza. •
(12) Barber shops and beauty parlors.
(8) Other accessory uses located within ashop-
(13) Laundry, dry cleaning and pressing estab- ping plaza.
lishments,provided that not more than five
(5) persons are engaged in providing such (9) Research and development facilities.
services. (10) Publishing and printing establishments.
(14) Self-service laundries. (11) Warehousing and distribution.
(15) Tailor and custom dressmaking shops. (12) Laboratories, provided, however, that no
(16) Shoe repair shops. noxious odors are emitted.
(17) Radio, television and appliance repair (13) General office buildings and other similar
shops, provided that not more than three and related uses.
(3)persons are engaged in performing such
services. (1) B4 Districts. The following are permitted
uses in the wholesale and automotive business
(18) Professional offices, medical and dental districts:
clinics.
(1) Automobile service stations, subject to the
(19) Restaurants and other eating places which restrictions of section 7.2.
do not serve alcoholic beverages consumed
on the premises and including drive-in res- (2) Automobile, trailer and boat sales and ser-
taurants and drive-in snack shops. vice.
(20) Municipal buildings. (3) Plumbing,carpentry and sheet metal shops.
(21) Off-street parking and loading facilities and (4) Printing establishments.
other accessory uses and buildings, pro-
vided that such uses are clearly incidental (5) Sale and storage of building supplies. •
to the principal use. (6) Warehousing.
12
USE REGULATIONS SALEM 'ZONING ORDINANCE Art. V. § 5-2
(7) Wholesale merchandise brokers and whole- Housing Authority and financially aided
sale storage. by either the U.S.Public Housing Admin-
(8) Service establishments exceeding the re- istration and/or the Commonwealth of Mas
quirements for such businesses in B-1 sachusetts Department of Commerce-
Districts,such as major laundry,dry clean- Division of Public Housing.
ing and baking establishments. (13) Retail-wholesale contractors supply estab-
(9) Churches and similar places of worship, lishments, provided, however, that the
public and private nursery, elementary wholesale operation does not consist of
and secondary schools, institutions of over fifty(50) percent of the business.
higher education. (14) Studios, workrooms and shops of artists,
(10) Off-street,parking and loading facilities artisans and craftsmen,.provided that all
and other accessory uses and buildings, products of the artistic endeavor or craft
provided that such uses are clearly inci- activity are primarily for sale on the prem-
dental to the principal use. ises or by specific off-premises commis-
sion from a sponsor or client.
(11) All uses permit�d in B-1 Districts, sub-
ject to all provisions specified for such (15) Publishing and printing establishments.
uses, except that all residential uses are (16) One-family, two-family and multifamily
prohibited. residential uses as primary uses in
(12) Retail uses relating to the permitted uses townhouse, row house, flats or multistory
in this subsection M. arrangements, including high-rises, and
as secondary uses in upper floors of struc-
(g) B-5 Districts. The following are permitted
tures primarily used for retail, personal
uses in the central development districts:
service or office purposes.
(1) All uses permitted in B-1 Districts, sub- (17) Accessory uses generally in support of the
ject to all the provisions specified for such above permitted uses.
uses.
(2) Other retail stores and service establish- (h) I Districts. The following are permitted
ments, except those permitted in B-4 Dis- uses in the industrial districts:All uses permitted
tricts. in B-4 Districts, subject to all the provisions
(3) Places of commercial recreation and en- specified for such uses.
tertainment, such as theaters and bowl- (i) Business Park Development Districts. The
ing alleys. following are permitted uses in the Business Park
(4) Restaurants and other eating and drink- Development Districts:
ing places. (1) General office buildings including busi-
(5) Nonprofit clubs, lodges and fraternal as- ness and professional offices and ancillary
sociations. activities (i.e., cafeteria facilities).
(6) Philanthropic and charitable institutions. (2) General storage,warehousing and whole-
(7) Music and dancing studios. sale distribution uses.
(8) Trade and business schools. (3) Manufacturing, packaging, assembly, re-
conditioning,processing,research and test-
(9) Hotels, motels and inns. ing of the following types of industries:
(10) Business and professional offices. pharmaceuticals and other related prod-
ucts, food and kindred products, apparel,
(11) Off-street parking and loading facilities.
electronics and electrical products, furni-
• (12) Buildings and facilities for housing projects ture and fixtures,primary and fabricated
built under the jurisdiction of the Salem metal products, box manufacturing, tex-
Supp. No. 3 13 _
1
art. v, s F-r SALE] ZONING ORDINANCE USE REGULATIONS
tile manufacturing, frozen food storage, height above the highest building or struc-
ice manufacturing, including the storage ture within three hundred (300) feet of
of new materials and containers used in the proposed WCF.
or incidental to any of the foregoing. Pro- (2) In the event that a WCD is to be concealed
vided that such operations: completely in a preexisting nonresiden-
a. Are not specifically prohibited from tial structure (e.g. steeples) plans for the
the City of Salem according to the proposed concealed antenna shall be sub-
schedule of prohibited uses in sec- mitted to the building inspector for a
tion 5-3(h)(3)herein. written determination that the antenna is
b. Are not dangerous by reason of haz- not visible.
and from fire or explosion. (3) Antennas used for city and state emer-
gency services and antennas used solely
c. Are not offensive, detrimental, iea-- and exclusively for ham radio operation
nous, noxious or hazardous , resand home television reception are ex-
cluded from this section.
fumes, radiation, groundwater dis- (Ord. of 11-20-97, § 2)
charge, noise, vibration, traffic con-
gestion or other nuisance. Sec. 5-3. Special permit uses.
d. Are compatible with adjacent nonin-
dustrial uses. (a) Generally. Provided that permission of the
board of appeals is obtained in accordance with
(4) Laboratories or research facilities,includ- the procedures and conditions set forth in section
ing medical and other research, provided 9-4 hereof, buildings and structures may be con- e
manufacturing is clearly incidental to the structed,altered,enlarged,reconstructed and used
operation of the facility, does not exceed and land may be used for one (1) or more of the
fifty(50)percent of the gross floor area of purposes set out in this section.
the building and is not offensive, injuri-
ous,noxious,detrimental or hazardous by (b) R-C and R-I Districts. The following are
reason of dust, smoke, odor, fumes, noise, special permit uses in the residential-conserva-
radiation, groundwater discharge, traffic tion and one-family residential districts:
congestion or other nuisances. (1) Professional offices and other home occu-
(5) Assembly or packaging of articles not ex- pations involving the use of a room or
ceeding two hundred (200) pounds in rooms in a dwelling to carry on activities
weight, provided that no manufacturing in which goods,wares or merchandise are
or processing is carried out. not commercially created or handled,pro-
vided that any such home occupation:
(6) Food and beverage manufacturing, bot- a. Shall be operated entirely within a
ding or processing or commissary. p y
dwelling unit,with no display visible
(j) Personal wireless service facilities. A wire- from the street.
less communication facility(WCF)can be located b. Shall be operated only bythe resi-
and allowed as a matter of right provided it is dents of the dwelling unit, with not
located within or on a preexisting nonresidential more than one (1) regular employee
building or municipal structure. not residing in the dwelling unit.
(1) In the event that a wireless communica- C. Shall utilize not more than twenty-
tion device (WCD) or structure (WCS) is five (25) percent of the gross floor
affixed to an existing nonresidential build- area of the dwelling unit.
ing or municipal structure such WCD or d. Shall display not more than one (1) •
WCS shall not exceed fifteen (15) feet in nonelectric announcement sign of an
Supp. No. 3 14
�oxnlT CITY ®P SALEMMASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MAO 1970
TEL. (978) 745-9595 EXT. 380
gB4ry�ryg1YD�
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
April 1, 2003
Richard Van Dam
c/o Rom-Man
63 Flint Street
Salem, Ma. 01970
Dear Mr. Van Dam:
Please be advised, the storage of bulk materials, gardening supplies, and other materials
associated with landscaping business are not an allowed use under the Salem Zoning
Ordinance, Section 5-2 allowed uses. It is also not a Special Permit use per Section 5-3
of Salem Zoning Ordinance.
You are directed to cease the outside uses within 30 days.
Failure to comply with this order will result in a complaint being filed in Salem District
Court.
Thank you in advance for your anticipated cooperation in this matter.
Sin ly,
Thomas St. Pierre
Acting Zoning Officer
cc`. Mayors Office
Tom Phillbin
Councillor Bencal
GEORGE P. LAVENTIS
ATTORNEY AT LAW
191 MAIN STREET
GLOUCESTER,MASSACHUSETTS 01930
PHONE(9781283-3835
FAX 19781 283 1 849
April 4, 2003
Mr. Thomas St. Pierre
Acting Zoning Officer
City of Salem, Public Property Department
120 Washington Street, 3`d Floor
Salem, MA 01970
RE: Richard Van Dam, 63 Flint Street, Salem, MA
Dear Mr. St. Pierre:
Please be advised that I have been retained by Anita Davekos (Ann Davis as a d/b/a) in
connection with a dispute with her landlord, Rom-Man and Richard Van Dam.
Mr. Van Dam and or Rom-Man's lawyer, Melissa M. Tzanoudakis, wrote to me on April
2, 2003 and included a letter from you to Mr. Van Dam(copy enclosed), dated April 1,
2003.
While I am not conversant with the Salem zoning ordinances, I am surprised at the
content of that letter. The area in question is an industrial and business area which has
been used by different types of businesses and industries for many, many years. In fact,
landscaping storage facilities and businesses have been located in the area over the years.
I should also point out that my client has paid through May 15, 2003 and is in the
beginning of her season. The landscaping business traditionally is in full force beginning
March and slowing down by November of each year.
Presently I have been in negotiation with Ms. Tzanoudakis who represents Rom-Man and
/or Mr. Van Dam as to termination of Ms. Davekos' occupation of the premises.
I would ask you to allow our negotiations to continue until we reach a satisfactory
agreement.
I would also ask you to do me a favor and forward to me the appropriate section (5-2) of
the zoning ordinance.
Thank you.
Vary truly yours
GPL/pb 146 r e P. avents
Enc.
N0111/11JnJ lb:4b nrar4nnnir
r
CM OF SALEM$, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
I20 WASH INOTON STREET, 3RD FLOOR
SALEM, MAO 1970
TEL. (978)745-9895 EXT. 380
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR
Apri11,2003
Richard Van Dam
c/o Rom-Man
63 Flint Street
Salem,Ma. 01970
Dear Mr.Van Dam:
Please be advised,the storage of bulk materials,gardening supplies, and other materials
associated with landscaping business are not an allowed use under the Salem Zoning
Ordinance,Section 5-2 allowed uses. It is also not a Special Permit use per Section 5-3
of Salem Zoning Ordinance.
You are directed to cease the outside uses within 30 days.
Failure to comply with this order will result in a complaint being flied in Salem District
Court.
Thank you in advance for your anticipated cooperation in this matter,
Sin ly, -
1��0
Thomas St. Pierre
Acting Zoning Officer
cc: Mayors Office
Tom Philibin
Councillor Bencal
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
1 rial Court of the Commonwealth
" District.Court Depar alert
Salem'Division
Docket No:: 0336 SP 684
Rom-Man Technologies, Inc. and
Richard Van Dam,
Plaintiffs
vs. A True Ccs, Attest:
Anita Davekos, a/k/a Ann Davis, j/1��3
George Davekos and Landscape by George, , °r
Defendants
.TS
ORDER:
'ax
poi ;sz
This matter came before the Court with all parties in interest present and re bn d y ctzr}
After hearing,the following facts are found and order is entered: '��',I .ornso•5y�
The plaintiffs hold interest in the premises located at 63 Flint Street, Salem, Essex County,
Massachusetts by virtue of a written lease granting them tenancy upon the premises.`As-such,
they have sought to sublet said premises to the defendants. The parties' sublease is one of a
commercial nature and establishes a tenancy-at-will between the sublessor and sublessee: T{ie
agreed to rent for the sublease is five hundred ($500.00)dollars per month.
Upon the parties entering into said sublease, the defendants immediately began to put the
premises to use as a contractor's yard for landscape business purposes.
On April 1, 2003 the sublessor received written notification from the building inspector/zoning
officer of the City of Salem that the premises were in violation of the zoning ordinance of the
city based upon the use not being permitted in the zone wherein it is located. The City of Salem
ordered that the illegal use on the premises cease by May 1, 2003. This information was
communicated by the plaintiffs to the defendants on Apri12, 2003.
The plaintiffs now represent that a zoning violation is continuing upon the premises, that there is
waste being committed upon the premises and that the premises are suffering on going damages
at the hands of the defendants. The plaintiffs have presented to the court this day written
evidence of the City of Salem's complaint together with photographic evidence of the waste and
damages being visited upon the premises by the defendants.
Said defendants have not presented any evidence at hearing today to defeat the plaintiffs' request
for preliminary injunctive relief.
Accordingly,at this time the same shall be ORDERED:
-two-
1. The defendants and each of them shall cease forthwith causing any waste or damage to
premises located at 63 Flint Street in Salem, Massachusetts.
2. Pending further evidentiary hearing, the defendants and each of them shall comply fully with
the City of Salem's zoning enforcement order issued on April 1, 2003.
3. There shall be no petroleum trucks parked or stored upon the premises at anytime unless
permission to do so is obtained by the defendants in writing from the plaintiffs and the
appropriate state and local code enforcement authorities.
4. The defendants and each of them shall be afforded until the close of business on July 22, 2003
to REMOVE from said premises all stored bulk materials and landscape/garden materials
including soil, mulch, stones and the like. Registered motor vehicles associated with said
landscape business, hand tools and bagged materials only may be reasonably and neatly stored
upon the premises until further hearing before this court.
5. All debris, brush, landscape and yard waste now stored or dumped on the premises shall be
removed from the premises by the defendants and each of them and the same shall be
accomplished on or before the close of business on June 11, 2003. Upon the issuance of this
order NO such additional materials shall be brought onto the site by any party until further
evidentiary hearing and further order of this court.
This order shall be returnable to the court on Thursday, July 24, 2003 at 9:00 a.m., at which time
the parties shall appear for trial upon the merits. It is further ordered that the Clerk Magistrate
shall communicate certified copies of this order to counsel for the parties and the building
inspector of the City of Salem at this time.
June 19, 2003 By Order of Court:
/s/Hon. Robert A. Cometta
Justice
NWT�q'�
s CITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KI MBERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET •SALEM,MASSACHUSETTS 01970
TEL:978-745.9595 ♦FAX:978-740-9846
FACSIMILE TRANSMITTAL SHEET
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COMMENTS
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CITY OF SALEM, MASSACHUSETTS
CI I Y 0r SALEhJ, MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ;,1005 JUN 2l A
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF LANDRY&ACARI RUGS &CARPETING
REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 63 FLINT
STREET BPD
A hearing on this petition was held on June 21, 2005 with the following Board Members
present:Nina Cohen,Chairman,Richard Dionne,Nicholas Helides, Steven Pinto and
Edward Moriarty. 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.
Petitioner request a Special Permit to convert existing non-conforming use to allow retail,
wholesale, office and storage use for the property located at 63 Flint Street located in a
BPD zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is Section 5-3 (2)(8)which provide 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 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 for the City's inhabitants.
A. Special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other lands,
buildings or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise,to the petitioner.
C. Desirable relief may 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.
C
DECISION OF THE PETITION OF LANDRY&ACARI RUGS &CARPETING
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 63
FLINT STREET BPD
page two
The Board of Appeal,after careful consideration of the evidence presented, and after
viewing the plans,makes the following findings of facts:
1. Petitioner Landry&Arcan appeared through their Attorney William Quinn,Esq.
of TiMi,Quinn,Grover&Frey LLC. Since the 1930's, Landry&Arcari has
operated a retail and wholesale rug and carpet sales business in Salem. Presently
occupying a converted residential building on Pleasant St., Landry&Acari
wishes to relocate to larger quarters at 63 Flint St in the Business Park
Developmem districL Because the ordinance does not allow retail uses in the
BPD district,petitioner seeks a special permit to allow them to enter into a lease
agreement with the property owner,Colaris III,LLC and to relocate their existing
business to the proposed site.
2. The property owner submitted an affidavit to Deborah Collier-Comins stating
their support for the petition.
3. The proposed site consists of two large warehouse style metal buildings. Landry
&Acari's proposed use will occupy one building while the other will be used for
storage for this business and others. Landry&Arcari will use the 9800 sf space
�. for the storage,display and sale of rugs and carpeting,and for the business
offices of the company.
4. Parking is ample for this use and is sufficient for the mixed use proposed for
the site.
5. Attending the public meeting and speaking in support of the petition were
Meg Twohey, Betsy Bums and Maggie Lemeulin,who are Federal Street
Residents and members of the Federal SL Neighborhood Association.
They testified that the Landry&Arcari plan has the support of many neighbors
that is an appropriate use and not excessive,that it will improve the location.
Ms. L.emeulm stated her opinion that,based on the comments of the committee
that developed the North River Canal Corridor Zoning District,the Landry&
Acari business would be an excellent match for the mixed use goals of the
proposed district.
6. Landry&Amari undertook to submit plans for signage at the site to the
appropriate City committee,and to create signs in accordance with the
with the directives of that committee.
On the basis of the above findings of fact,and on the evidence presented at the
hearing,the Board of Appeal concludes as follows:
DECISION OF THE PETITION OF LANDRY&ARCARI RUGS&CARPETING
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 63
FLINT STREET BPD
page three
1. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
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.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public he"safety,convenience and welfare of the City's
inhabitants.
4. Special conditions exist which especially affect the subject property,but not the
district in general.
On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor
and 0 in opposition to grant the Special Permit requested, subject to the following
conditions.
1. Petitioner shall comply with all city and state statues,code ordinances and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner shall obtain a building permit prior to beginning any constniction.
4. Petitioner shall obtain a Certificate of Inspection.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. All construction shall be done as per the plans submitted and approved by the
Building Commissioner.
7. Petitioner shall obtain approval from any City Boards or Commission having
jurisdiction including,but not limited to the Sign Committee.
8. Special Permit for Landry &Acari only.
Special Permit Granted A ��PM -
June 21, 2005 Nina Cohen, C �(la
( Board of Appeal
C 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 the 20 days have elapsed and
no appeal has been filed, or that,if such appeal has been filed,that is has been
dismissed or denied is recorded in the South Essex Registry of Deeds and indexed
under the name of the owner or record or is recorded and noted on the owner's
Certificate of Title.
Board of Appeal
NAA
.u ,. Cole Xandscapinq & Drrigation
One 3riends6p Lane Salem, J'tassac6setts 01970
June 14, 2000
City of Salem
Public Property Department
Building Department
Attn: Peter Strout
One Salem Green
Salem, MA 01970
Regarding: 63 FlintStreet
Dear Peter Strout:
I have receritly'received notice from our landlord, saying that the city is
requesting that we go for a variance to have our office trailer at this location. We ate
currently looking for a piece,of property in the Salem area that would house all or our
equipment,office, and materials. So, if possible could we have a temporary pernut'for .
the office trailer,for,now through December? This will give us time to purchase
something and/or relocate. If:we.are unable to find something, it will be the end of our
season and it will not interrupt the service we provide to our customers. If you can't do
that duration of time, we would appreciate anything you can do for us.
Sincerely,(�
Co(s
Kim Diane Cole
Cole Landscaping &Irrigation
978-741-5790 Local • 800-243-5771 `Toll 3ree • 978-741-2076 Sax
www.colelandscapind.com • Email: landcole.@aol.com
(-We T ring gardens `Zo Li f e
1
Cite of *alem, fdazocbuottz
�
Public Propertp Mepartment
iguilbing Mepartment
(One 9palem Oreen
(978) 745-9595 text. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 5, 2000 ®� IJ
Allied Realty Trust
Lawrence/Milton Collier Trustees
400 Paradise Road Cop 3-F
Swampscott,Ma. 01907
RE: 63 Flint Street
Dear Owners:
Recently, one of your tenants, Cole Landscaping, added an office trailer to the above
mentioned property.
This violates City of Salem Zoning Ordinance 7-1.
An application for a Variance must be made to the Zoning Board of Appeals and/or the
trailer must be removed within thirty (30) days.
Failure to respond will result in legal action being filed in Salem District Court.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Local Building Inspector
cc: Mayor Usovicz
Councillor Hayes