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107 FEDERAL STREET - ZBA (2) 107 FEDERAL STREET (R_2� KENNETH SMITH IP - -- -- a � eU \In, of -,-5ttlem, ".Mfttssadjusetts �upeal AR r,t {"pK`c Mn$S DECISION: ON THE PETITION OF KENNETH SMITHJHI-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 f h'assachusetts 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 reauest for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anvthing 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 PETITION OF KENNETH SMITH/HI-DA-WAY PLANT FOR A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 107 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. r'. 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 a David Hart 104 Federal Street s Ellen DiGeromino 11 Church Street Elizabeth Hunt 2 River Street w Darlene Melis 115 Federal Street :^ _ Joan Griffin 105 Federal Street ^� 8. The following people submitted letters in support of the y petitioners request: y The Arlander Family 93 Federal Street _ Joan Boudrequ 138 Federal Street N Richard Lindeman 113 Federal Street Joel Caron 4 Andover Street Victoria Stevens 5 Monroe Street me Board may grant a speciai permit .o. -, mange 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 follows: 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. Z. 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) . s A Special Permit Granted %o March 15, 1995 D (/ J `J l o^ aD euc Joseph J. Ywuc Board of Appeal ip �, U+ 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 Salem Board of Appeals March 15, 1995 One Salem Green Salem, Massachusetts 01970 RE: Permission To Grant Variance To The IIi-Da-Way Plant Branch To Relocate to 107 Federal Street Salem, Massachusetts Dear Members of the Board of Appeals: The Arlander Family residing at 93 Federal Street extends its hearty support of the request by the Hi-Da-Way Plant Branch to obtain a variance enabling it to relocate to the first floor level of the 107 Federal Street building formerly known as the "Federal Street Variety Store" . Members of our family have been familiar with the IIi-Da-Way Plant Branch business throughout its history and highly commend it on the tasteful presentation and display of its floral products . We feel that this business could enhance the overall cosmesis of our historic neighborhood. As it stands now, the exterior of the building located at 107 Federal Street is in a neglected state of repair. Furthermore, attempts to operate a neighborhood variety store during the past ten years have not been profitable. In closing, the Arlander Family wishes the best of luck to the Hi-Da-Way Plant Branch in its quest to relocate to our neighborhood. Most Sincerely, r. / Jane Curtis Arlander Mrs . Jean Colby Arlander , Mr.. ) Richard^P. Arla de JOAN BOUDREAU 138 Federal Street Salem, MA 01970 tel 508-741-3352 fax 508-745.4202 Fax transmittal March 15, 1995 To: City of Salem Board of Appeals I would like to convey my support of the Hi-da-Way Plant Branch's proposal of relocation to Federal Street. The Federal Street site has not been successful in recent years as a convenience store and it has been vacant for quite a period of time. The Plant Branch would be a welcome addition to this currently deteriorating neighborhood location. 1 can envision, as I'm sure Ken Smith does, a charming flower shop which will add warmth and brightness at a visible, highly traveled corner junction of Federal Street. Please consider his proposal favorably. Thank you for your consideration. RICHARD W. LINDEMAN 113 Federal Street Salem, Massachusetts 01970 March 15, 1995 Salem Board of Appeals One Salem Green Salem, MA 01970 Gentlemen: Regarding the proposal by Ken Smith of Hi-Da-Way Plant Branch to relocate his business to 107 Federal Street, I regard this to be a positive step for Federal Street and the surrounding neighborhood and support Ken's efforts 100%. Such a business in our neighborhood would be a valuable asset. The current state of the building and the empty store front have a negative impact on our neighborhood and property values. A florist shop would have a low impact on the neighborhood in terms of traffic and noise. Ken's proposal to renovate the interior and to rent with an "option to buy" demonstrates his long term commitment to the new site. His success at the Front Street location proves that these are not false commitments. I know that there are concerns about the long term impact of changing the Grandfather Clause that may allow access to our neighborhood for businesses other than Ken's. I am sure that the Board can adequately address these concerns via restrictions to future use by establishments other than Hi-Da-Way Plant Branch. External changes to the building including signage that may be of concern must be addressed and approved by the Historic Commission. In Summary, I believe that Ken Smith has the business acumen and sensitivity to the neighborhood be a valuable asset to our McIntyre District. I urge you to approve his petition. Since y, i 4 Andover St. Salem, MA 01970 March 11, 1995 Mr. Ken Smith Hi-Da-Way Plant Branch, Inc. 26 Front St. Salem,MA 01970 Dear Ken, I will not be at the board of appeals meeting on the 15th, but please feel free to quote me as a neighbor who thinks your business would be a tremendous improvement to this neighborhood. As you know, I live in one of the two houses on Andover Street directly across from you. I have seen the variety store change many times over the years. Of course, I would like it to once again be the place where I bought penny candy in the fifties,but I recognize that such a retailing concept is probably gone forever. A more realistic alternative is the type of low impact business you are running. As long the board's action is limited to the specifics of your application (as opposed to a blanket action that could open the door to less wholesome activity), you have my enthusiastic support. Best of luck. Yours truly, Joel Caron Victoria H. M. Stevens Five Monroe Street Salem,Massachusetts March 8, 1995 Board of Appeals City of Salem One Salem Green Salem, Massachusetts 01970 Dear Board Members: Please accept this letter in lieu of our attending the hearing scheduled for March 15th, concerning the legality and/or acceptability of the "Hi-da-way Plant Branch" opening his business at the empty Variety Store located at 107 Federal Street. We have lived in the neighborhood for the past 6 years and have lived in the District for close to 30 years. We have seen the Variety Store try to make it with various types of business -including a cheese shop when I was younger. Unfortunately, the area just does not support that type of business. Needless to say, the empty store front is both unattractive as well as unwelcoming (except to vandals). I speak for myself, as well as many of our neighbors,in saying that we would be thrilled to have Ken Smith and his flower business located on this corner. His business would naturally enhance the location, and as many of us are his customers, we know that most of his business is done over the telephone, precluding heavy traffic or parking issues. I hope that the Board of Appeals will agree with this usage and give the "Hi-da- way" the necessary approvals for this exciting move. Thank you for your time and consideration. Sincerely, Victoria & etch Stevens cc: Ken Smith,Hi-da-way Jul. 13 '95 10:30 0000 PEM-F&R . . . . . . TEL 508-740-3617 P. 1 JOAN BOUDREAU 188 Federal Street Salem, MA 01970 tel 808.741.3352 fax 808-740.4202 Fax transmittal March 159 1995 To: City of Salem Board of Appeals I would like to convey my support of the HI-do-Way Plant Branch's proposal of relocation to Federal Street. The Federal Street site has not been successful in recent years as a convenience store and It has been vacant for quite a period of time. The Plant Branch would be a welcome addition to this currently deteriorating neighborhood location. 1 can envision, as I'm sure Ken Smith does, a charming flower shop which will add warmth and brightness at a visible, highly traveled corner Junction of Federal Street. Please consider his proposal favorably. Thank you for your consideration.