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CITY OF SALEM, MASSACHUSETTS
BOARD OF .APPEAL
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June 10, 2014 o
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Decision y U
City of Salem Board of Appeals
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Petition of RODNEY SINCLAIR requesting a special permit per Section 9.4.2 `Specia?Permits —
Criteria and Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance, to allow the operation
of a real estate consulting office in a building currently in a nonconforming use, at the property
located at 107 FEDERAL STREET (112 Zoning District).
A public hearing on the above Petition was opened on May 21, 2014 pursuant to M.G.I. Ch. 40A, S 11. The
hearing was closed on that date with the following Salem Board of Appeals members present. Ms. Harris
(acting Chair), Mr. Dionne, Mr. Duffy,Mr. Watkins, and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit per Section 9.4.2 Spectral Permits— Criteria and Section 3.3.2 Nonconforming
Uses of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped April 30, 2014, the Petitioner requested a Special Permit to allow the
operation of a real estate consulting office in a budding currently in a nonconforming use.
2. Mr. Rodney Sinclair, petitioner, presented the petition for the property at 107 Federal Street.
3. A draft list of special conditions was submitted to the Board by the applicant. This list of conditions
was prepared in collaboration with concerned abutters.
4. The requested relief, if granted, would allow the Petitioner to operate a real estate consulting office at
the property.
5. Three letters in opposition to the petition were submitted to the Board, and were read into the public
record at the hearing.
6. At the public hearing, two abutters expressed their support of the petition contingent on the special
conditions discussed at the hearing, and a third abutter expressed their support of the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings
1. The proposed nonconforming use is no more detrimental than the previous nonconforming use of
the property.
2. The scope of the proposed use, with the conditions set by the Board, is consistent with the scope of
the previous use allowed by Special Permit, and as such, the proposed use does not constitute a
substantial detriment to the public good, it does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
City of Salem Board of Appeals
June 10,2014
Project: 107 Federal Street
Page 2 of 2
On the basis of the above statements of facts and findings, the Salem Board of appeals voted five (5) in favor
(Mr. Watkins, Ms. Harris, Mr. Dionne, Mr. Copelas, and Mr. Duffy in favor) and none (0), to grant the
requested Special Permit to allow the operation of a real estate consulting office in a building currently in a
nonconforming use subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. A Certificate of Occupancy is to be obtained.
5. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
7. The petitioner shall be limited to the office use for a non-retail real estate consulting business only,
subject to the other conditions of this Special Permit, and such business shall be limited to the first
floor of the site only.
8. There shall be no advertisements posted on the premises.
9. The real estate business shall not include any retail or commercial sales or real estate brokerage sales
activity of any kind on the premises.
10. There shall never be any more than three (3) people affiliated with the business on-site at any one
time.
11. The hours of operation will be limited to Monday to Friday from 10:00am to 7:00pm and shall not
include holidays.
12. This Special Permit shall expire with this business (Sinclair Development Solutions) and any other
business seeking to occupy this space is required to apply for a new Special Permit.
k-io�
Annie Harris,Acting Chair
Board of Appeals
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 parruant to.Section 17 of the iWassaebaseas General Laws Chapter 40,4, and shall be filed within 20
day✓q1 fling of this decision in the office of the Cio Clerk. Pursuant io the klassachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permitgranted herein shall not take effect until a copy of the decision bearing the certificate o/-tbe Cite Clerk has been filed with the Esse% ,South
Registry o%Deeds.
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The zoning board of appeals should immediately revoke the special use permit that it was duped
into granting for a"real estate development" business, and invite the owner to submit a new
application that accurately reflects the nature of the business he intends to conduct in this R-2
district.
Thank you.
Yours truly,
Joel Caron
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
CIVIL ACTION NO:
JANE ARLANDER, CAROL CARR, DONALD )
GILLIGAN, DARROW LEBOVICI, and REGINA )
MANISCALCO, )
PLAINTIFFS )
V. .� d
r
RODNEY SINCLAIR, and REBECCA CURRAN, ) ;�
RICHARD DIONNE, MIKE DUFFY, ANNIE HARRIS,
THOMAS WATKINS, PETER"A. COPELAS, and JAMES J
TSITSFNOS, BEING THE REGULAR AND FIRST AND ) D
ALTERNATE MEMBERS OF THE ZONING BOARD OF
APPEAL OF THE CITY OF SALEM, MASSACHUSETTS, ) ^ w
DEFENDANTS ) RECEIV
JUL 1 - 2014
DEPT.OF PLANNM i
NOTICE TO SALEM CITY CLERK OF COMPLAINT PURSPItiW [ ff' ENT
CHAPTER 40A, SECTION 17 APPEALING THE JUNE 10, 2010 DECISION OF THE
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL GRANTING A SPECIAL
PERMIT AT 107 FEDERAL STREET SALEM MASSACHUSETTS
I, John H. Carr, Jr., attorney for the Plaintiffs in the above-entitled action, hereby give notice to
the City Clerk of the City of Salem, Massachusetts and to the Salem Zoning Board of Appeals
that said Plaintiffs have filed a civil Complaint with the Essex Superior Court appealing the June
10, 2014 Decision of the City of Salem, Massachusetts Board of Appeals (hereinafter"Salem
ZBA") granting a Special Permit to Rodney Sinclair to allow the operation of a non-conforming
real estate consulting office at 107 Federal Street, Salem, Massachusetts 01970, which property
is located in a two-family (R-2) residential zoning district. Said June 10, 2014 Salem ZBA
Decision was filed with the office of the Salem City Clerk on June 10, 2014.
A copy of said Complaint filed as Essex Superior Court Civil Action No. I
on June 27, 2014 is attached hereto.
RespectfuJl ubmitted,
Jane A Ilid—le)t, et ,
" ict{ttomCY, -
i
June 27, 2014
Jo 'H. Q rr, Jr., Es
9 North Street
Salem, MA 01
978-80 - 4
0# 075281
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. SUPERIOR COURT
CIVIL ACTION NO:
JANE ARLANDER, CAROL CARR, DONALD )
GILLIGAN, DARROW LEBOVICI, and REGINA )
MANISCALCO, )
PLAINTIFFS )
V. )
RODNEY SINCLAIR, and REBECCA CURRAN, )
RICHARD DIONNE, MIKE DUFFY, ANNIE HARRIS, )
THOMAS WATKINS, PETER A. COPELAS, and JAMES )
TSITSINOS, BEING THE REGULAR AND FIRST AND )
ALTERNATE MEMBERS OF THE ZONING BOARD OF )
APPEAL OF THE CITY OF SALEM, MASSACHUSETTS, )
DEFENDANTS )
COMPLAINT PURSUANT TO M.G.L. CHAPTER 40A, SECTION 17
APPEALING THE NNE 10, 2014 DECISION OF THE CITY OF SALEM,
MASSACHUSETTS BOARD OF APPEAL GRANTING A SPECIAL PERMIT
TO RODNEY SINCLAIR CONCERNING 107 FEDERAL STREET, SALEM,
MASSACHUSETTS
This is an appeal from a Decision of the City of Salem, Massachusetts Board of Appeal
hereinafter "ZBA" or"Salem ZBA" or`Board"), dated June 10, 2014, and filed with the Salem
City Clerk at 1:30 p.m. on June 10, 2014, granting Rodney Sinclair a Special Permit to allow the
operation of a non-conforming real estate consulting office at the first floor of 107 Federal Street,
Salem, Massachusetts, which property is located in a two-family (R-2) residential zoning district,
on the grounds that said ZBA Decision was/is arbitrary, capricious, unreasonable, violated due
process, exceeded the Board's authority, was based on legally and factually untenable grounds,
and was wrong as a matter of law.
A certified copy of said June 10, 2014 Decision is attached hereto as Exhibit A.
PARTIES
Plaintiffs
1. Plaintiff Jane Arlander resides at 93 Federal Street, Salem, Massachusetts 01970, which
is within the 300 foot notice requirement of the Salem Zoning Ordinance.
2. Plaintiff Carol Carr resides at 7 River Street, Salem, Massachusetts 01970, which is
within the 300 foot notice requirement of the Salem Zoning Ordinance, and is a co-owner
of said property.
3. Plaintiff Donald Gilligan resides at 2 Andover Street, Salem, Massachusetts 01970,
which is within the 300 foot notice requirement of the Salem Zoning Ordinance, and is a
co-owner of said property with his wife, Plaintiff Regina Maniscalco.
4. Plaintiff Darrow Lebovici resides at 122 Federal Street, Salem, Massachusetts 01970,
which is within the 300 foot notice requirement of the Salem Zoning Ordinance, and is a
co-owner of said property.
5. Plaintiff Regina Maniscalco resides at 2 Andover Street, Salem, Massachusetts 01970,
which is within the 300 foot notice requirement of the Salem Zoning Ordinance, and is a
co-owner of said property with her husband, Plaintiff Donald Gilligan.
Defendants
6. Defendant Rodney Sinclair (hereinafter"Mr. Sinclair") who listed his address as "107
Federal Street" on his April 30, 2014 Petition for the special permit is the Petitioner and
Beneficiary of the June 10, 2014 Decision of the Salem ZBA being appealed.
7. Defendant Rebecca Curran, who resides at 14 Clifton Avenue, Salem, Massachusetts
01970, is a regular member and Chair of the Salem ZBA who did not participate in the
May 21, 2014 vote of the Salem ZBA on Mr. Sinclair's Petition.
8. Defendant Richard Dionne, who resides at 23 Gardner Street, apartment 1, Salem,
Massachusetts 01970, is a regular member of the Salem ZBA who voted to grant said
Special Permit at the May 21, 2014 hearing of the Salem ZBA on Mr. Sinclair's Petition.
9. Defendant Mike Duffy, also believed to be known as Michael Duffy, who resides at 1
Warren Court, Salem, Massachusetts 01970, is a regular member of the Salem ZBA who
voted to grant said Special Permit at the May 21, 2014 hearing of the Salem ZBA on Mr.
Sinclair's Petition.
10. Defendant Annie Harris, who resides at 28 Chestnut Street, Salem, Massachusetts 01970,
is a regular member of the Salem ZBA who voted to grant said Special Permit and was
the acting Chair at the May 21, 2014 hearing of the Salem ZBA on Mr. Sinclair's
Petition.
11. Defendant Thomas Watkins, who resides at 24 Surrey Road, Salem, Massachusetts
01970, is a regular member of the Salem ZBA, who voted to grant said Special Permit at
the May 21, 2014 hearing of the Salem ZBA on Mr. Sinclair's Petition.
2
12. Defendant Peter A. Copelas, who resides at 57 Buffum, Salem, Massachusetts 01970, is
an alternate member of the Salem ZBA, who voted to grant said Special Permit at the
May 21, 2014 hearing of the Salem ZBA on Mr. Sinclair's Petition.
13. Defendant James Tsitsinos, who resides at 6C Wharf Street, Salem, Massachusetts
01970, is an alternate member of the Salem ZBA who did not participate in the May 21,
2014 vote of the Salem ZBA on Mr. Sinclair's Petition.
14. Plaintiffs Jane Arlander, Carol Carr, Donald Gilligan, Regina Maniscalco, and Darrow
Lebovici have standing to bring this action, as all are substantially aggrieved by the June
10, 2014 Decision of the Salem ZBA granting said Special Permit.
JURISDICTION
15. This Court has jurisdiction over this matter pursuant to Section 17 of Chapter 40A of the
Massachusetts General Laws.
16. This case is timely, as it has been filed within twenty (20) days from when the June 10,
2014 Decision of the Salem ZBA was filed with the Salem City Clerk.
PROCEDURAL HISTORY AND FACTUAL ALLEGATIONS
17. 107 Federal Street, Salem, Massachusetts is a 3-story Victorian structure with a Mansard
roof which is located in a two-family (R-2) residential zoning district.
18. Said property is also located in both the National Register of Historic Places and in the
so-called McIntire Historic District adopted by the Salem City Council pursuant to
Chapter 40C of the Massachusetts General Laws.
19. Said property consists of three condominium units, one on each of the building's three
floors.
20. There are three off-street parking spaces at the property, one for each of the units.
21. The second and third floor condominiums are residential condominiums.
22. The use of the first floor unit is what is under dispute in this action..
23. By Decision dated August 17, 2006 (hereinafter"August 17, 2006 Decision"), which was
entered in the office of the Salem City Clerk on September 11, 2006, the owner of the
first floor condominium at 107 Federal Street, Salem, Massachusetts, Christine
McClearn, obtained a Special Permit "to allow for a graphic design business and art
gallery..." A copy of said August 17, 2006 Decision is attached hereto as Exhibit B.
24. Christine McClearn and her husband, Keith A. McClearn, are the current owners of the
first floor condominium at 107 Federal Street, Salem, Massachusetts.
- 3 -
25. Defendant Rodney Sinclair is a tenant of the McClearns and currently occupies their first
floor condominium at 107 Federal Street, Salem, Massachusetts.
26. Among the explicit findings in the August 17, 2006 Decision are the following:
5. The petitioner will only utilize the first floor of the property
for the graphic design business.
6. The hours of operation of the graphic design business will be
Monday-Friday during regular business hours, and the art gallery
will operate during the same business hours with the only exception
being an occasional Saturday or Sunday appointment as needed and
an occasional evening gallery reception for artists.
7. Parking for the use will be accommodated by the existing on-street
parking, or the single off-street parking space at the site.
8. The graphic design business shall function on an appointment only
basis and shall not function as retail space.
27. Among the explicit conditions in the August 17, 2006 Decision are the following:
4. The petitioner shall operate the graphic design business on the
first floor of the site only.
5. The art gallery shall be limited to showing paintings and photographs
displayed on the walls and shall not include the display or sale
of crafts,jewelry or other art-craft objects.
6. There shall be only three (3) employees on site (including the business
owners) at any one time for the operation of the graphic design business.
28. In the last (nearly) eight years the first floor condominium has rarely, if ever, functioned
as an art gallery or graphic design studio, and said space has largely been devoid of any
activity whatsoever during said period.
29. Defendant Rodney Sinclair filed his within handwritten Petition for Special Permit on or
about April 30, 2014. A copy of said Petition is attached hereto as Exhibit C.
30. In said Petition Mr. Sinclair represented that the "Current Property Use" is "mixed use
residential& retail' when in fact the property was not operating as a retail use and said
retail use was specifically prohibited by Condition No. 8 in the August 17, 2006 Decision
— see paragraph 24(8) above.
- 4 -
31. Mr. Sinclair also attached a single-page "Statement of Grounds" in support of his
Petition, which included the following sentences:
Sinclair Development Solutions (SDS) is proposing to open a real estate
consulting office at 107 Federal Street, unit 1. I began SDS in 2009 after
working for the Boston Redevelopment Authority for almost 10 years. At
the BRA I was in charge of overseeing the permit applications for large scale
development projects in the City of Boston...
I began to notice there was no one helping these developers and so I saw
an opportunity to take my skill-sets and turn them into a business. So in
2009 I made the leap and began SDS, which specializes in real estate
development permits. Working out of my home for the next 4 years I
contracted over 40 projects in the Greater Boston area. The projects ranged
from basement renovations to 80 unit residential projects...
Since obtaining my real estate sales person license in 2011 I have been able
to combine my permitting project management with project creation and
buyer representation into a full service consulting shop that helps developers
find the property, permit their project, and sell the units on the back end...
My business is not focused on selling and buying real estate. We specialize
in giving people advice, home owners and large scale developers alike...
I plan on holding educational courses for people in the neighborhood...
My business is supported by large scale commercial deals that I am engaged
in...
Again, I am licensed as a Sales Person, but my primary business comes from
large scale developers, not local homeowners looking to sell or rent their
property.
I share this business with my wife, who will be working with me on a
regularly[sic] basis. I do have an intern who will be in and out of the office,
but he lives local and will be traveling on foot or by bicycle. We have one
parking space deeded to us so we will have a minimal impact on the parking
situation. Emphasis added.
32. After some initial discussion among members of the Board, during which it became clear
that none of the ZBA members had been given copies of the August 17, 2006 Decision
by the ZBA staff or were aware of what the particulars of said pre-existing Special Permit
Decision were, the May 21, 2014 hearing began by Mr. Sinclair speaking in favor of his
Petition followed by a ZBA staff person reading into the record three lengthy letters, one
from Joel Caron, one from Plaintiff Darrow Lebovici, and one from Plaintiff Jane
Arlander, all of which were in solid opposition to Mr. Sinclair's Petition.
- 5 -
33. As part of his oral presentation Mr. Sinclair submitted a single typewritten page
containing 9 proposed special permit conditions drafted by John H. Carr, Jr. of 7 River
Street, Salem, MA 01970. A copy of said proposed 9 conditions is attached hereto as
Exhibit D. At the time Mr. Carr was only representing himself and acting as an
individual. Mr. Sinclair said he was agreeable to each of said conditions.
34. Mr. Carr, who is an attorney with offices at 9 North Street, Salem, Massachusetts, has
since been retained by the Plaintiffs to represent them in this action.
35. Following the reading of the three opposition letters into the record, the hearing was then
thrown open to the public.
36. Mr. Carr distributed copies of his 9 proposed conditions and copies of the August 17,
2006 Decision concerning 107 Federal Street to each member of the Board, and also said
that he was conditionally in favor of Mr. Sinclair's Petition so long as the substance of
said conditions were incorporated into the ZBA Decision; otherwise he would appeal any
decision not containing same.
37. Mr. Carr's sentiments were echoed by his wife, Plaintiff Carol Carr, and by Barbara
Cleary of 104 Federal Street, Salem, Massachusetts. Ms. Cleary is traveling out-of-state
and could not be contacted prior to the filing of this Complaint.
38. The Board then proceeded to modify Mr. Carr's conditions, and ultimately approved Mr.
Sinclair's Petition unanimously.
39. As to each of the following Counts, the Plaintiffs reaffirm, re-allege, and incorporate all
of the prior allegations contained in paragraphs 1-36 inclusive above.
ARGUMENT
COUNT [
The pre-existing nonconforming uses have been
discontinued for more than two years and thus
are extinguished.
40. In the last (nearly) eight years the first floor condominium at 107 Federal Street, Salem,
Massachusetts, has rarely, if ever, functioned as an art gallery or graphic design studio,
and said space has largely been devoid of any activity whatsoever during said period.
41. As such, the nonconforming art gallery use and nonconforming graphic design business
uses described in the August 17, 2006 Decision of the Salem ZBA became extinguished
after they were effectively discontinued for a period of two years or longer, at which time
the property reverted to a two-family.
- 6 -
42. Indeed, even the Minutes of the May 21, 2014 ZBA hearing reflect that "The space has
been vacant for the past couple of years."
43. Thus, Sections 9.4.2 and 3.3.2 of the Salem Zoning Ordinance, which were the basis the
Board relied on in granting Mr. Sinclair his requested zoning relief, were inapplicable as
a matter of law.
44. For the foregoing reasons alone, the Board exceeded its authority in granting said Special
Permit, and said June 10, 2014 Decision of the Salem ZBA should be annulled in its
entirety.
COUNT II
The Special Permit was granted in violation
of Article 3.3.2 of the Salem Zoning Ordinance.
45. Article 3.3.2 of the Salem Zoning Ordinance, entitled "Nonconforming Uses,"provides
the following in relevant part:
The Board of Appeals may award a special permit to
change a nonconforming use in accordance with this
section only if it determines that such change or
extension shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
The following types of changes to non conforming uses may
be considered by the Board of Appeals...2. Change from
one nonconforming use to another, less detrimental,
nonconforming use. Emphasis added.
46. Even if the pre-existing nonconforming uses at 107 Federal Street have not been
discontinued for a period of two years or longer, the new nonconforming use approved by
the ZBA at the May 21, 2014 hearing on Mr. Sinclair's Petition involve greater
nonconforming activity than that which has been in effect since August 17, 2006.
47. The Plaintiffs are substantially aggrieved by the June 10, 2014 ZBA Decision.
48. For the foregoing reasons alone, the Board exceeded its authority in granting said Special
Permit, and said June 10, 2014 Decision of the Salem ZBA should be annulled in its
entirety.
49. In the single-page "Statement of Grounds" attached to his Petition For Special Permit,
Mr. Sinclair stated (in relevant part) that"As we all know, there are a number of
businesses on Federal Street, the most famous one being the Peabody Essex Museum."
50. In point of fact, Federal Street between North and Boston Streets, which is a distance of
approximately a quarter mile and which is where 107 Federal Street is located, is entirely
7
residential save for the Pierce Nichols House owned by the Peabody Essex Museum,
which is a house museum, and St. James's Church.
51. Both properties are not businesses within the meaning of the Salem Zoning Ordinance,
and both uses exist at said locations as a matter of right pursuant to said Ordinance.
52. For the foregoing reasons alone, the Board exceeded its authority in granting said Special
Permit, and said June 10, 2014 Decision of the Salem ZBA should be annulled in its
entirety.
COUNT III
The Special Permit was granted in violation
of Article 9.4.2 of the Salem Zoning Ordinance.
53. Section 9.4.2 of the Salem Zoning Ordinance, entitled "Criteria" under"SPECIAL
PERMITS," provides the following in relevant part:
Special Permits shall be granted by the Special Permit Granting Authority,
unless otherwise specified herein, only upon its written determination that
the adverse effects of the proposed use will not outweigh its beneficial
impacts to the City or the neighborhood, in view of the particular
characteristics of the site, and of the proposal in relation to that site. In
addition to any specific factors that may be set forth in this Ordinance, the
consideration shall include consideration of each of the following:
1. Community needs which are served by the proposal;
4. Neighborhood character;
6. Potential economic and fiscal impact, including impact on City Services, tax
base, and employment. Emphasis added.
54. The June 10, 2014 Decision does not contain the required written determination that
"the adverse effects of the proposed use will not outweigh its beneficial impacts to the
City or the neighborhood, in view of the particular characteristics of the site, and of the
proposal in relation to that site.
55. In point of fact, there are no such community needs which are served by Mr. Sinclair's
proposal; the only needs being served are those of Mr. Sinclair.
56. The proposal likewise does not fit the historic and uniformly residential character of the
neighborhood.
8 _
57. The potential economic and fiscal impact, including impact on City Services, tax base,
and employment does not depend on Mr. Sinclair's business being located at 107 Federal
Street.
58. hn point of fact there is plenty of office space available in areas that are already zoned for
office use in Salem, including in downtown Salem without having to adversely effect the
historic Federal Street neighborhood or, for that matter, restrict Mr. Sinclair in the
operation of his business.
59. For the foregoing reasons alone, the Board exceeded its authority in granting said Special
Permit, and said June 10, 2014 Decision of the Salem ZBA should be annulled in its
entirety.
COUNT IV
Mr. Sinclair has already begun violating the conditions
of the June 10, 2014 Decision, even before the expiration
of the appeal period.
60. Condition No. 1 in the June 10, 2014 Decision provides that "The Petitioner shall
comply with all city and state statutes, ordinances, codes and regulations. Emphasis
added.
61. Mr. Sinclair has violated said condition by parking along the sidewalk in front of 107
Federal Street, notwithstanding that he has a dedicated off-street parking space at said
address. Parking is not allowed on that side of the street in that location.
62. In addition, Mr. Sinclair has recently announced that he intends to have an opening
celebration at 107 Federal Street, at which event the entire Salem Chamber of Commerce
will be invited.
63. Both activities violate said condition.
64. For the foregoing reasons alone, the Board exceeded its authority in granting said
Special Permit, and said June 10, 2014 Decision of the Salem ZBA should be
annulled in its entirety.
COUNT V
The June 10, 2014 Decision of the Salem ZBA violates
the explicit Purposes of the Salem Zoning Ordinance.
- 9 -
65. Article LI of the Salem Zoning Ordinance, entitled "Purpose,"provides the
following in relevant part:
For the purpose of promoting the health, safety, convenience, morals
or welfare of the inhabitants of Salem, the zoning regulations and
restrictions of this ordinance, ordained in accord with the provisions
of Chapter 40A of the General Laws...are designed among other
purposes to lessen congestion in the streets....to prevent overcrowding
of land....to avoid undue concentration of population,...to facilitate
the adequate provision of transportation..., to conserve the value of land
and buildings, to encourage the most appropriate use of land throughout
the City; and to preserve and increase its amenities,...to prevent ...
community blight...
66. Among many of its other problems, as alleged above, the June 10, 2014 Decision of the
Salem ZBA violates several of the above express Purposes of the Salem Zoning
Ordinance.
67. For the foregoing reasons alone, the Board exceeded its authority in granting said
Special Permit, and said June 10, 2014 Decision of the Salem ZBA should be
annulled in its entirety.
RELIEF SOUGHT
The Plaintiffs respectfully request that this Court:
a. enter a Judgment in their favor annulling in full the June 10, 2014 Decision of the Salem
Zoning Board of Appeals;
b. award the Plaintiffs cost and reasonable attorneys fees in connection with their
prosecution of this appeal; and
c. grant such other relief as is just and expedient.
Respectfully submitted,
lander, al.,
By their a ey;
June 27, 2014
o H. Carer sq.
North Str t
Salem, MA 01970
BB04 075281
Phone: (978 7-3264
Fax: 8) 825-0068
to -
o. CITY OF SALEM, MASSACHUSETTS CHH U SALEM, MA -
BOARD
A _BOARD OF APPEAL CLERKS OFFIM
120 WASHINGTON STREET, 3RD FLOOR -
a SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745.9595
FAX: 978-740.9846 7* 5EP_1 t 'R^1 13
KIMBERLEY DRISCOLL
MAYOR
August 17,2006
Decision
Petition of Christine McClearn requesting a
Special Permit to allow a graphic design and art gallery
at the property located at 107 Federal Street, R-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 16, 2006 pursuant to Mass
General law Ch.40A,Sea 11,the following Zoning Board members present: Robin
Stein, Annie Harris,Stephen Pinto,Bonnie Belair,Elizabeth Debski.
The petitioner, Christine McCleam,is requesting a Special Permit pursuant to section 5-3
0)to allow for a graphic design business and art gallery located at 107 Federal Street
Street,Salem,in the Two Family Residential(R-2)zoning district .
The Board of Appeals,after careful consideration of the evidence presented at the public
hearing,and after thorough review of the Petition submitted,makes the following
findings of fact
1. The property at 107 Federal Street is within the R-2 zoning district.
2. The petitioner,Christine McCleam, will run the graphic design business as
primarily a graphic design studio, with an ancillary use as an art gallery.
3. The petitioner is requesting an extension of the previously non-conforming use to
allow the graphic design business use for the site.
4. The site was previously used as a florist shop, a pre-existing non-conforming use.
5. The petitioner will only utilize the first floor of the property for the graphic design
business.
6. The hours of operation of the graphic design business will be Monday-Friday
Suring regular business hours, and the art gallery will op.;rate during the same
business hours with the only exception being an occasional Saturday or Sunday
appointment as needed and an occasional evening gallery reception for artists.
7. Parking for the use will be accommodated by the existing on-street parking,or the
single off-street parking spacaen'the site- A
n
8. 'kite graphic design business shall ftmction on an appointment only basis and shall
not function as a retail space..
9. Tlf were two members of the public who spoke in favor of the petition,with
consideration of conditions of operation being limited to no greater than that of
dw�previous use.
On the basis of the above findings of fact,including all evidence presented at the public
hearing, including, but not limited to,
concludes as follows: the Petition the Zoning Board of Appeals
I "he petitioner's request for a Special Permit to allow the use of a
design business and artgraphic
substantial ��'at l07 Federal Street does not constitute a
detriment to the public good
I The requested Special Permit does not nullify or substantially derogate from
the intent or purpose of the zoning ordinance.
3. The petitioner's proposal will be continuing a pre-existing non-conforming
In consideration of the above, the Salem Board of Appeals voted, five(5)in favor(Stein,
Harris,Pinto, Debski,Belair)and none(0)opposed, to grant the request for a Special
Permit, subject to the following terms,conditions, and safeguards:
I. Petitioner shall comply with all city and state statutes,ordinances,codes and
regulations.
2. Allshall requirementsbestrictlyadheof thered Sto.alem Fire Department relative to smoke and fire safety
3. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
4. e
site
�over shall o�°m the graphic design business on the first floor of the
5. The art gallery shall be limited to showing pigand magnos layed I
M the walls and shall not include
art-craft type objects the display or sale of crafts, 'esu
all be only
6 tinte three(3)employees on site(including the busin ownesYat
any owoperation of the graphic designbusuiess.
7. This Spejpiai Permit will expire with this business tStu&0 'M
-40*)Sany other tress It1E7 and anei r
pecial
for a new S permit. seelang to occupy this space is required to apply
Annie C. Harris
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FRED WrrH TBE PLANNING BOARD AND TBE CTY
CLERK
Chapter Appeal from this decision,if any,shall be made pursuant to� Section 27 of the Massachusetts General Laws
� a shalt beled fiwithin 20 days of filing of this decision is the office of the City Clerk
Vwftd .herein shall not Maws Chapter mon I I,the Variance or Special Peru
20 days have elapsed and no appeal has b�y of the decision bearing the certificate of the City clerk that
dismissed wtha4 if
dauai and is rem in the me* such VpW has been filed,that it has been
the owner of record or is rem and noted on the owner Carpficate of Tide.try of Deeds and ezed under the name of
v
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
P=ON FORM
r4 "` CITY OF SALEA
f,MAS5ACHUSETTS
BOARD OFAPPEALS
!' L^_0 WASHINGTON STREET,3RD FLOOR 1814.APR 30 P OO
' SALEM,A L9SSACHLISETTS 0191
'Momw St.Pierre,Director ofInspectionalService8lrYCLER FILE
sHLE!T. Mri; .
Phone:973-619-56411 Fns 97S-7.10-9316
KBwERLEY DRISCOLL D:ual-lenon.StaffPLwrer
MAYOR Phone:978.619-5685? Fac 978-710-0E1o1
TO THE BOARD OFAPPEAJ S:
The Undersigned represent that he/she is!arelthe owners of a certain parcel of land located at:
Address:. 10 7 FCAnm� �T{C Zoning District: 9-2
An application is being submitted to tine Boars!of Meal for flee folloNtinrg reason(:): This statement must
describe what you propose to build,the dimensions,the-zone property is in,and the zoning requirements.(Example:
I am proposing to construct a 10's 10'one stun•addition to mop home located at 3 Salem ane in the R-_>Zoning
District The Zoning Ordmame requires the minimum depth of Bre rear pard to be 30 feet, The current depth of mY
rear)urd is 32 feet, theproposed addition mould reduce the depth of the rearyard to 22 feet)
4e -( s -N
—Qf LA ._„�F 4atdresS tt. lnlcto �c fro ca t�1
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zouine Ordinance,specifically from
tie mi nnnum depth of rear ym-d).
What is allowed is (Msq ft?stories 7 %?), and what I
am proposes is (ft?sq ft?stories?0/6?).
( )A Special Permit under Section Q,Zf a lof the Zoning Ordinance in order to a ((m i o.
{x. clnfSS in a iti5��t+�( }a\�� 7r�,`ZA
{ )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use; iv_,A" u C-. Are Lot Dimensions Included?( )Yes ( No tt'hy'?
(Er ,zdw A,a Fonr7j Ho e)
The Undersigned hereby pehrious the Board of Appeals to vary-the terms of the Salem Zoning Ordinance and allow
the projec"o be constructed as per the plans submitted,as the enforcement of said Zoning By-Caws would involve
practical difficulty or unnecessary hardship to the Undersigned andrelief may be granted without substantially,
deroeating from the intent and purpose of the Zoning Ordinance.
Statement of Grounds
107 Federal Street
Salem, MA. 01970
Petitioner: Rodney Sinclair, Sinclair Development Solutions
Sinclair Development Solutions(SDS) is proposing to open a real estate consulting office at 107
Federal Street, unit 1. SDS is a firftservk a real estate consulting service originally based out of
Boston MA. I began SDS in 2009 after working for the Boston Redevelopment Authority for
gtmost 10 years.At the BRA I was in charge of overseeing the permit application-for large
:
cafe development projects in the City of Boston. Over my tenure I reviewed over 50 projects
aL.oss the city.
I began to notice there was no one helping these developers and so I saw an opportunity to take
my skill-sets and turn them into a business. So in 20091 made the leap and began SDS, which
specializes in real estates ent permits. Working out of my home for the next 4 years I
contracted ov f projects in the GI
e oston area. The projects ranged from basement
renovations o_ resial projects; ince obtainin m real estate sates
- 2011 1 have n abfe_to combine illi g y Person license in
`b�'refnesert� service wnsul6'ng shop that helps deve o�rs � and-
permittheirproject,and self the units on the back end. � proPerh;
Since moving from Jamaica Plain to Lynn and having a young child (17 mo) I have began to
invest in my business and in such it has began to grow.Although the office space is in a
residential neighborhood I believe it is in no way harmful to the character of the neighborhood.
As we all know, there are a number of businesses on Federal Street, the most famous one
being the Peabody Essex Museum. My office space has been a number of businesses over the
years, most recently a graphic design and gallery studio, and before that a florist. In terms of
highest and best uses for an office, real estate is usually seen as a high end use, My business
is not focused on selling and buying real estate.We specialize in giving people advice, home
owners and large scale deters alike. Given the high number of homeowners in the=area, I _
U;01eve tha y usmess wi serve as a compliment to those looking to understand the value of
th,:`property as well as those looking to further invest in their homes. l'plan on holding
educatiorraleourses for peeir►#re
and knowledge of individuals so that they canbetter unlderstand their geared drelationshs raising ip to their
he eness
property and the community around them.
`My business;is suppo deals that I am engaged in. SDS in no way
is dependent on walk
es real estate o ccs are.
Sates Peason, blit ` , t am frcensed as a
,busine comes om scale developers, Rot local
homeowners looki o selfor rent their prope . That being said, there will not be many people
soliciting my services becauseey wa y my office. I do intend on developing relationships
with people in my community but that will primarily be me acting as a good neighbor and being
involved in my community.
l
I share Unis business with my wife, who will be working with me on a regularly basis. I do have
an intem who will be in and out of the office, but he lives local and will be traveling on foot or by
bicycle. We have one parking space deeded to us so we will have a minimal impact on the.
parking situation.
uAs a whole, we believe that our business will be a much better neighbor than the previous
y,,iphic design studio.We are focused on building community and in so many ways we exude
these practices in the way we engage our work. We plan on making this our home and in doing
so we plan on giving to the Salem community.
We hope that this application can be approved and we may open.our doors to the Salem
community this coming May. We look forward to processing our request with you and our
neighbors.
Sincerely,
Rodney Sinclair .
Owner
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board and the Salem
Historical Commission.
4. In no event shall the real estate consulting business have a more deleterious effect
on the R-2 residential zoning district in which it is located than has been the case
with the pre-existing non-conforming graphic design business (Studio 107 and
ancillary art gallery owned and operated by Christine McCleam.)
5. The petitioner shall be limited to the office use for a non-retail,real estate
consulting business only, subject to the other conditions of this Special Permit,
and such business shall be limited to the first floor of the site only.
6. The real estate consulting business shall not include any retail or commercial sales
activity of any kind on the premises. The premises shall only be used as the
office space where those affiliated with the business can perform their private
office duties. All meetings with customers or clients shall occur off-site. Without
limiting the generality of the foregoing there shall be no advertising posted on the
premises.
7. There shall never be any more than(3)people affiliated with the business on site
(including the business owner). This 3-person limitation includes (without
limitation) employees, interns, paraprofessionals, support staff, or any other
individuals of whatever description.
8. The hours of operation will be limited to Monday to Friday from 8:30 a.m. to 6:00
p.m. (and shall not include holidays). At no time shall the business become a
nuisance to the residential historic neighborhood, including (without limitation) as
a result of excessive noise, hours of operation, litter, or demands on parking in the
neighborhood.
9. This Special Permit will expire upon the first to occur of the expiration or
relocation of the business (Sinclair Development Solutions), the change of the
majority of ownership of same, or the violation of any of the conditions of this
Special Permit. Any future business seeking to occupy this space is required to
apply for a new Special Permit.
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASI-IINGTON STREET♦SALEM,MASSACHUSETTS 01970 r `a
Ka,OE�NDRISCpLL 'TYLE:978-745-9595 Fnx:97&740-9846 m G
�'�9�rox x"• _Z a
r June 10, 2014
3
i DecisiOII 3
City of Salem Board of Appeals c
Petition of RODNEY SINCLAIR requesting a special permit per Section 9.4.2 Spectra!Permits —
C.bteas and Sec. 33.2 Nonconfotm&g Uses of the Salem Zoning Ordinance, to allow the operation
of a real estate consulting office in a budding currently in a nonconforming use, at the property
located at 107 FEDERAL STREET (R2 Zoning District).
A public hearing on the above Petition was opened on May 21, 2014 pursuant to MGL Ch. 40A, § 11. The
heating was closed on that date with the following Salem Board of Appeals members present Ms. Harris
(acting Chair),I&Dionne,Mr.Duffy,Mr.Watkins,and Mr. Copelas (Alternate).
The Petitioner seeks a Special Permit per Section 9.4.2 Spedad Pmm*— Criteria and Section 3-3.2 No m4mvi trg
Usti of the Salem Zoning Ordinance.
Statements of fact
1. In the petition date-stamped April 30, 2014, the Petitioner requested a Special Permit to a"ow the
Wetation of a real estate consulting office in a building currently in a nonconforming use
2. 1.L:.Rodney Sinclair,petitioner,presented the petition for the property at 107 Federal Street
3. A draft list of special conditions was submitted to the Board by the applicant This list of conditions
was prepared in collaboration with concerned abutters.
4. The regaested retie&if granted,would allow the Petitioner to operate a real estate consultingay-ce at
the property.
5. Three letters in opposition to the petition were submitted to the Board,and were read into the public
record at the hearing.
6. At the public hearing, two abutters expressed their support of the petition contingent on the special
conditions discussed at the hearing,and a third abutter expressed their support of the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Pe-domes
presentation and public testimony, makes the following findings that the proposed project meel<s the
provisions of the.City of Salem Zoning Ordinance;-
Findings
rdinance:Findings
1. The proposed nonconforming use is no more detrimental than the previous nonconforming use of
Ae Prperty.
2. 1;_ scope of the proposed use,with the conditions set by the Board,is consistent with the scope of
the previous use allowed by Special Permit, and as such, the proposed use does not constitute a
substantial detriment to the public good, it does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
City q�alem Board of Appeals
June 10,2014
Project: 107 Federal Street
Page 2 of 2
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor
(Mr. Watkins, Ms. Harris, Mr. Dionne, Mr. Copelas, and Mr. Duffy in favor) and none (0), to grant the
requested Special Permit to allow the operation of a real estate consulting office in a building currently in a
nonconforming use subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. A Certificate of Occupancy is to be obtained.
5. A Certificate of Inspection is to be obtained.
6. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but
not limited to, the Planning Board.
7. The petitioner shall be limited to the office use for a non-retail real estate consulting business only,
subject to the other conditions of this Special Permit, and such business shall be limited to the first
floor of the site only.
8. There shall be no advertisements posted on the premises.
9. The real estate business shall not include any retail or commercial sales or real estate brokerage sales
activity of any kind on the premises.
10. There shall never be any more than three (3) people affiliated with the business on-site at any one
time.
11. The hours of operation will be limited to Monday to Friday from 10:00am to 7:00pm and shall not
include holidays.
12. This Special Permit shall expire with this business (Sinclair Development Solutions) and any other
business seeking to occupy this space is required to apply for a new Special Permit.
Auk /�'
Annie Harris,Acting Chau
Board of Appeals
A COPY OF TENS DECISION HAS BEEN Fl1_ED WITH THE PLANNING BOARD AND THE CITY CLERK.
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and.shall be file. .ithin 20
days of filing of this decision in the office of the Cif*Clerk Pursuant to the Massachusetts General L�s Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the deasion bearing the certificate of the City Clerk has been filed with the Essex South
Registry ofDeeds.
ULM
John H. Carr, Jr., Esq.
I1: 32 9 North Street
10i4 JUN 2l A Salem, MA 01970
FILE It Phone: 978-807-3264
CITY CLERK, SALE'1, Fax: 978-825-0068
June 27, 2014
By Hand
Salem City Clerk
City Hall
93 Washington Street
Salem, MA 01970
Re: Jane Arlander et al. v. Rodney Sinclair, et al.
Dear Madam Clerk:
Enclosed please find Notice To Salem City Clerk Of Complaint Pursuant To M.G.L.
Chapter 40A, Section 17 Appealing The June 10, 2014 Decision Of The City Of Salem,
Massachusetts Board of Appeal Granting A Special Permit To Rodney Sinclair
Concerning 107 Federal Street, Salem, Massachusetts.
Would you or someone from your office kindly date-stamp and file same, and also
acknowledge receipt of the foregoing by date-stamping the enclosed copy of this letter
and return same with our messenger.
Thank you in advance for your attention to the r
i
r t your
ohn H. rr, Jr.
Eno
cc. City Solicitor Elisabeth Rennard, Esq.—By nd
Mr. Rodney Sinelair�—___�
Plaintiffs-By Hand
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
r oPETITION FORM
f ' CITY OF SALEXLNLASSACHUSETTS
BOARD OF APPEALS
1, 120 WASHINGTON STREET,3RD FLO6914 APR 30 P 12' 04
SALEM.DrL=1SSACHUSETTS 01970
gfts Thomas,A.Piene,Dvectorofbts()ectionalFIE 0
li�e LERKLSAIEM. MA S
Phone: 978-619-5641/ R7.:978-7409M-
KL%raERLEY DRISCOLL D ata Menou,Staff Planner
NIAYOR Phone:978-619-.5685/ RE:9-78-740-04, 04
TO THE BOARD OFAPPE.ALS:
The Undersigned represent that he/she is/are
f the owners of a certain parcel of land located at:
Address: 10 / F(-A-BCCA �r(Y Zoning District: 1�7�-2Ly
Att application is being subtrdtted to the Boatel of Appeal for Ute following ressou(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Ftarnple:
I am propostilg to construct a 10'.x 10'one stwyv addition to my home located at 3 Salem Lane, in the R-2 Zonolg
District. The Zoning Ordinance requires the mtinunimn depth of rite rear yard to be 30 feet. The current depth of tnv
rear}ard is 32 feet, the proposed addition would reduce the depth of the rearyard to 22 feet)
r1
open
Q2cYI S �1 C5C-FtC�
0. 2B S)C�A-vll--i cvt S to 6 CA 7's
For this reason I am requ esthtg:
( )Vadance(s)fiom provisions of Section ofthe Zoning Ordinance, specifically from
(i.e. ininnmumr depth ofrear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
am proposing is (ft?sq f}?stories? 40?).
( )A Special Permit under Section ,L(. ,Xof the Zoning Ordinance in order to et ((o(,O a
6k-q,l &C Tr C, Iek, i4"LllI 7 A
( )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Penn it for construction of low or moderate income housing(describe below):
Current Property User_NLAh'W ( C� Are Lot Dimensions Included?( )Yes ( No Why?
(&maple:Tuo Fanth Home)
The Undersigned hereby petitions the Board of Appeals to vary the terns of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as die enforcement of said Zoning By-La%s would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted rcithout substantially
derogating from the intent and propose of the Zoning Ordnance.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
The fohloaaing aviitten statement has been submitted with this ;application:
fFor:MrVa-rriagce requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal inforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant; and
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.
(/For all Special Permit requests a Statement of Grounds must be attached.An application fora special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services:
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
f) Potential fiscal impact, including impact on City tax base and employment.
O For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch.40B § 20-23.
Previous applications to die Boasd of Appeals invoking Otis property have been suUmitted caith this petition
form. The Building Commissioner can provide documentation ofprerious applications to the petitioner or his
representative.
Q��Qr211 SZnL� 1fdjQ'erentfrompedNa:er.
Petitioner: I Prop eity Ouner:
Address: t O'7 Address:
Telephone: (�, 1-7 . -7 5• X13 tl Telephone:
Email: Covv� Email:
Signature: Sianature:
- /.dttached consent letter is also acceptable)
Date: 11 .�50Iq ZU D ate:
YtIffi ereutfroutpetitlorten-
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This o iginal application must be filed it ith the Citr Clerk.
Statement of Grounds
107 Federal Street
Salem, MA. 01970
Petitioner: Rodney Sinclair, Sinclair Development Solutions
Sinclair Development Solutions (SDS) is proposing to open a real estate consulting office at 107
Federal Street, unit 1. SDS is a full service real estate consulting service originally based out of
Boston MA. I began SDS in 2009 after working for the Boston Redevelopment Authority for
almost 10 years.At the BRA I was in charge of Overseeing the permit applications for large
scale development projects in the City of Boston. Over my tenure I reviewed over 50 projects
across the city.
I began to notice there was no one helping these developers and so I saw an opportunity to take
my skill-sets and turn them into a business. So in 2009 1 made the leap and began SDS, which
specializes in real estate development permits. Working out of my home for the next 4 years I
contracted over 40 projects in the Greater Boston area. The projects ranged from basement
renovations to 80 unit residential projects. Since obtaining my real estate sales person license in
2011 1 have been able to combine my permitting project management with project creation and
buyer representation into a full service consulting shop that helps developers find property,
permit their project, and sell the units on the back end.
Since moving from Jamaica Plain to Lynn and having a young child (17 mo) I have began to
invest in my business and in such it has began to grow. Although the office space is in a
residential neighborhood I believe it is in no way harmful to the character of the neighborhood.
As we all know, there are a number of businesses on Federal Street, the most famous one
being the Peabody Essex Museum. My office space has been a number of businesses over the
years, most recently a graphic design and gallery studio, and before that a florist. In terms of
highest and best uses for an office, real estate is usually seen as a high end use. My business
is not focused on selling and buying real estate. We specialize in giving people advice, home
owners and large scale developers alike. Given the high number of homeowners in the =area, I
believe that my business will serve as a compliment to those looking to understand the value of
their property as well as those looking to further invest in their homes. I plan on holding
educational courses for people in the neighborhood, all geared towards raising the awareness
and knowledge of individuals so that they can better understand their relationship to their
property and the community around them.
My business is supported by large scale commercial deals that I am engaged in. SDS in no way
is dependent on walk up business like most real estate offices are. Again, I am licensed as a
Sales Person, but my primary business comes from large scale developers, not local
homeowners looking to sell or rent their property. That being said, there will not be many people
soliciting my services because they walked by my office. I do intend on developing relationships
with people in my community but that will primarily be me acting as a good neighbor and being
involved in my community.
I share this business with my wife, who will be working with me on a regularly basis. I do have
an intern who will be in and out of the office, but he lives local and will be traveling on foot or by
bicycle. We have one parking space deeded to us so we will have a minimal impact on the
parking situation.
As a whole, we believe that our business will be a much better neighbor than the previous
graphic design studio. We are focused on building community and in so many ways we exude
these practices in the way we engage our work. We plan on making this our home and in doing
so we plan on giving to the Salem community.
We hope that this application can be approved and we may open our doors to the Salem
community this coming May. We look forward to processing our request with you and our
neighbors.
Sincerely,
Rodney Sinclair
Owner
Dana Menon
From: Jane &Jean Arlander <barqueemerald@gmail.com>
Sent: Wednesday, May 21, 2014 4:02 PM
To: Dana Menon
Subject: Special Permit for 107 Federal Street Property
Dear Members of the Salem Zoning Board of Appeals,
As a longtime resident of 93 Federal Street in Salem, I am opposed to the granting of a Special Permit to Sinclair
Development, that would change the current use allowed for the property located at 107 Federal Street.
A real estate consulting office suggests an expansive array of business transactions ranging from assisting developers
with the permitting process to the design, sales and financing of commercial and residential property developments.
One can only assume, that such a business would have more than 2 or 3 employees that would be working with
numerous developers, project managers, architects, attorneys, bankers and an array of state and local planning officials
during many hours of the day.
I do not feel that the quiet intersection of 2 one-way residential streets, Federal and Beckford, with its sparse on and off-
street parking spots, is the best location for this important and growing real estate consulting business. In fact, there are
many more suitable office locations in downtown Salem or Boston that would fulfill the needs of Sinclair Development
better than the 107 Federal Street site. Furthermore, I am afraid that the many conditions placed upon Sinclair
Development to conduct its business in an historic, close knit residential neighborhood could potentially handicap the
business and its future opportunity and growth.
In closing, I hope that the Salem Board of Appeals realizes that a denial of the Special Permit requested by Sinclair
Development, is in the best interest of Sinclair Development and the Federal Street Neighborhood.
Most Sincerely,
Jane Curtis Arlander
93 Federal Street
Salem, Massachusetts 01970
My best wishes for a safe and happy day!
1
4 Andover St.
Salem, MA 01970
May 20, 2014
Zoning Board of Appeals
Salem City Hall
93 Washington St.
Salem, MA 01970
Dear Sir or Madam:
Sinclair Development's application for a special use permit for 107 Federal St. should be denied. I
understand the difficulties of making the first floor of this building conform to R-2 zoning, but it should
be noted that the proposed use neither falls within that use nor resembles previous special uses.
That space was a neighborhood grocery store throughout most of the twentieth century, including the
1950s when I was growing up across the street at 4 Andover St. Such local stores were an endangered
species by the end of the century, however, due to their inability to match the prices of their larger
competitors. In an R-2 district,the facility became a white elephant.
Fortunately for the neighborhood and the owner, a flower shop (The Plant Brach), moved in after the last
grocer left. Like the grocers before this retail shop became an integral part of the neighborhood. It was
very, very common to see neighbors walking into the store, perhaps meeting other neighbors there, and
then leaving with flowers. Ken, the owner,was a friend and neighbor to everyone in the neighborhood
from which he derived a significant portion of his business.
That business wasn't profitable, however,and when Ken moved out,the building owner decided to call
that space an"art gallery,"for which use a special permit was apparently given. The storyline was that
this use would be a cultural asset to the neighborhood, although I am not aware of any artworks in the
space nor can I recall ever seeing anyone walk in or out of that darkened space during the time it was an
"art gallery."
Now Sinclair Development proposes a business location for that site. This is a business that, from what I
can deduce from its website, will have no relationship to the neighborhood at all. It won't be inviting
neighbors to come in and buy something, as did the grocery stores and the florist, and it won't even be
going through the pretenses of benefiting the neighborhood, as did the"art gallery."This is a business
that has no reason or justification for being in a district that is specifically zoned to exclude it.
Even if Sinclair Development turns out not to be an active and legitimate business, as did the"art
gallery," granting them a special use permit would make it that much more difficult for the board of
appeals to deny the next application for that location, which seems more likely to be something like the
gun dealer or check casher than the grocer for whom the space was originally created.
The application should be denied.
Yours truly,
o
Joel Caron
Dana Menon
From: Meg Twohey <vze255gg@verizon.net>
Sent: Wednesday, May 21, 2014 1:11 PM
To: Dana Menon
Cc: Heather Famico; 'Arthur Sargent'
Attachments: 1995 decision.pdf; 2006 decision.pdf
May 21, 2014
Re: Proposal for a special permit at 107 Federal St.
To the members of the ZBA:
I am sorry that I cannot attend this evening's meeting.
I join with other neighbors in thanking the applicant for holding an open house this past Saturday. We, like many
neighbors, have supported commercial uses for the property over the last 10-20 years. I support a commercial use at this
site as long as it does not have an impact on the neighborhood that is more detrimental than the previous uses.
However, the application and the information we received at the open house appear to make it difficult for a special permit
to meet these criteria without constraining Mr. Sinclair's business.
I recommend that you not grant the special permit.
Concerns based on conversations with the owner include:
• The application makes it clear that the intent is for a real estate consulting business focused on commercial and small
residential development with no client meetings at the site. However, in the open house, the business owner, Rodney
Sinclair, said that he intends that he and each member of his team will hold residential real estate licenses. If a
special permit were issued, it would need to make it clear that a retail real estate sales office is prohibited.
• The applicant is requesting no additional parking on the street, relying on the 1 parking space deeded to this condo
unit, which he is apparently renting with an option to buy. He does not anticipate client visits to the site. However, he
plans that the business will include: himself, his wife, two interns, and an assistant, all of whom he says will use the
office part time and all of whom will either bicycle or come to the office by train. If a special permit were issued, it
would need to make it clear that no additional parking is requested or permitted.
• Finally, while the gesture is appreciated, the idea that the owner of the business will provide"educational courses for
people in the neighborhood" as noted in the application opens the door to potential significant impact on Federal
Street if the idea of neighborhood is broadly interpreted. If a special permit were granted, I recommend that it be
granted solely for the purpose of a real estate consulting business and that educational courses be excluded.
Thank you for your consideration.
Best regards— Meg Twohey
122 Federal St.
Salem, MA 01970
978-744-6702
Vze255gg(a.verizon.net
Attachments: Prior special permits at 107 Federal St.
Cc: Heather Famico
Arthur Sargent
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y ro dJ CITY OF SALEM, MASSACHUSETTS CITY 0 SALEM MA__
BOARD OF APPEAL CLERK'S OFFICE._
120 WASHINGTON STREET, 3RD FLOOR
a � SALEM, MASSACHUSETTS O 1970
TELEPHONE: 978-745-9595
FAX: 978-740.9846 2006 SEP .11 R--* 13
KIMBERLEY DRISCOLL
MAYOR
August 17, 2006
Decision
Petition of Christine McClearn requesting a
Special Permit to allow a graphic design and art gallery
at the property located at 107 Federal Street, R-2 District
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on August 16, 2006 pursuant to Mass
General Law Ch. 40A, Sec. 11, the following Zoning Board members present: Robin
Stein, Annie Harris, Stephen Pinto, Bonnie Belair,Elizabeth Debski.
The petitioner, Christine McCleam, is requesting a Special Permit pursuant to section 5-3
0) to allow for a graphic design business and art gallery located at 107 Federal Street
Street, Salem, in the Two Family Residential (R-2) zoning district.
The Board of Appeals,after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. The property at 107 Federal Street is within the R-2 zoning district.
2. The petitioner, Christine McCleam, will run the graphic design business as
primarily a graphic design studio, with an ancillary use as an art gallery.
3. The petitioner is requesting an extension of the previously non-conforming use to
allow the graphic design business use for the site.
4. The site was previously used as a florist shop, a pre-existing non-conforming use.
5. The petitioner will only utilize the first floor of the property for the graphic design
business.
6. The hours of operation of the graphic design business will be Monday-Friday
during regular business hours, and the art gallery will operate during the same
business hours with the only exception being an occasional Saturday or Sunday
appointment as needed and an occasional evening gallery reception for artists.
7. Parking for the use will be accommodated by the existing on-street parking, or the
single off-street parking space on the site.
i
8. The graphic design business shall function on an appointment only basis and shall
not function as a retail space..
9. There were two members of the public who spoke in favor of the petition, with
consideration of conditions of operation being limited to no greater than that of
the previous use.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition, the Zoning Board of Appeals
concludes as follows:
1. The petitioner's request for a Special Permit to allow the use of a graphic
design business and art gallery at 107 Federal Street does not constitute a
substantial detriment to the public good.
2. The requested Special Permit does not nullify or substantially derogate from
the intent or purpose of the zoning ordinance.
3. The petitioner's proposal will be continuing a pre-existing non-conforming
use.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Hams, Pinto, Debski, Belair) and none (0) opposed, to grant the request for a Special
Permit, subject to the following terms, conditions, and safeguards:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
3. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
4. The petitioner shall operate the graphic design business on the first floor of the
site only.
5. The art gallery shall be limited to showing paintings and photographs displayed
on the walls and shall not include the display or sale of crafts,jewelry or other
art-craft type objects .
6. There shall be only three (3) employees on site (including the business owner) at
any one time for the operation of the graphic design business.
7. This Special Permit will expire with this business (Studio 107 and ancillary art
gallery) and any other business seeking to occupy this space is required to apply
for a new Special Permit.
Annie C. Harris
Salem Zoning Board of Appeals
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 Massachusetts General Laws
Chapter 40A,and shall be filed within 20 days of filing of this decision in the office of the City Clerk.
Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Permit
granted herein shall not take effect until a copy of the decision bearing the certificate 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 and is recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of Title.
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112IIb of upeal
C4 Ty
DECISION ON THE PETITION OF KENNETH SMITH/HI-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
grrnr`iq— .o; rh TMassachusetts 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 request for a Special Permit is Section 5-3(j), 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 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.
SPECIAL FEKM1'f FUK = rmvramix Luunxcu ni Lv: ravzn . aiaa k.-&j
page two
D. There are two 15 minute parking spaces in `,front of the property.
5. Petitioner requested a variance for change of use to enable the
first floor space to be used as a flower stop.
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 ? River Street
David Hart 104 Federal Street
Ellen DiGeromino 11 Church Street
Elizabeth Hunt 2 River Street
Darlene Melis 115 Federal Street a
Joan Griffin 105 Federal Street
B. The following people submitted letters in support of the m
petitioners request:
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
9. he 3oard may grant a special permit .ur d Change 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 . r
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 shail comply with all City and State statutes,
ordinances, codes and regulations.
2. 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) . n
Special Permit Granted
March 15, 1995
1.
Joseph J. Ywuc o X
Board of Appeal ip
N �
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
�Joo /y
1. Petiti er shall comply with all city and state statutes, ordinances, codes and
lations.
z
2. All re irements of the Salem Fire Department relative to smoke and fire safety
s be strictly adhered to.
3. Pe: oner is to obtain approval from any City Board or Commission having
sdiction including, but not limited to,the Planning Board and the Salem
Historical Commission.
In no event shall the real estate consulting business have a more deleterious effect
on the R-2 residential zoning district in which it is located than has been the case
with the pre-existing non-conforming graphic design business (Studio 107 and
ancillary art gallery owned and operated by Christine McCleam.)
5. The petitioner shall be limited to the office use for a non-retail, real estate
consulting business only, subject to the other conditions of this Special Permit,
and such businessl be limited to the first floor of the site only. 4/1 *,-e4-A"9-
61)'11 p«N� 0shalVie- - //*) �,� ��i„y D,
6. The real estate consulting business shall not include any retail or commercial sales 0-
activity of any kind on the premises. The premises shall only be used as the
office space where those affiliated with the business can perform their private
office duties. All meetings with customers or clients shall occur off-site. Without I
limiting the generality of the foregoing there shall be no advertising posted on the
premises. SA&
7. There shall never be any more than(3)people affiliated with the business on site
(including the business owner). This 3-person limitation includes (without
limitation) employees, interns,paraprofessionals, support staff, or any other
individuals of whatever description.
8. The hours of operation will be limited to Monday to Friday from 8:30 a.m. to 6:00
p.m. (and shall not include holidays). At.no time shall the business become a
nuisance to the residential historic neighbo od, including(without limitation)as
a result of excessive noise, hours of operation, litter,or demands on parking in the
neighborhood.
9. This Special Permit will expire upon the first to occur of the expiration or
relocation of the business (Sinclair Development Solutions),the change of the
majority of ownership of same, or the violation of any of the conditions of this
Special Permit. Any future business seeking to occupy this space is required to
apply for a new Special Permit.
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