73-75 HARBOR STREET - ZBA 73-75 HARBOR STREET
MARK EASLEY E
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LegANbdcce +
CITY OF SALEM
BOARD OF APPEAL +
745-9595 Ext.381
r Will hold a public hearing for all
P
ersons interested in the petition sub-
. ;mitted by MARK F. EASLEY,
:TRUSTEE requesting Special Per. r
r ;mit to add a commercial unit,
increase the licensed amount of
;units from 15 to 18 and a Varf-
ance/Special Permit as to on.site
parking for the property located at 73-
'75
3-
'75 HARBOR STREET R3. Said hear-i
[I :ing to be,held WEDNESDAY, SEP-
TEMBER 15, 1999 AT 6:30 P.M.�
:ONE SALEM Nina Cohen,Chairman
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OFFIC
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Paurb of �ugeul
DECISION ON THE PETITION OF MARK F. EASLEY REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 73-75 HARBOR STREET R-3
A hearing on this petition was held September 15, 1999 with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Stephen Buczko, Stephen
Harris,and Richard Dionne. 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 requests a Special Permit to add a commercial unit and increase the licensed
amount of dwelling units from 15 to 18 for the property located at 73-75 Harbor Street R3
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 Q), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Section 8-6
and 9-4, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extension of 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.
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
stuctures 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.
The Board of Appeal, after careful consideration of the evidence presented, and
after viewing the plans, makes the following findings of fact:
r 0F SALEM. MA
OFFICE
Iggq ? I
DECISION ON THE PETITION OF MARK F. EASLEY REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 73-75 HARBOR STREET R-3
page two
1. The petitioner, Mark F. Easley is Trustee of EAZ Realty Trust, the owner of the
property located at 73-75 Harbor Street. The petition was presented by Mark F.
Easley.
2. The subject property is located in an R-3.
>3. The current nonconforming use of the 7000 sq.ft. building located at 73-75 Harbor
Street is as follows;
1s° Floor Commercial Space
Unit 1-A, 925 sq ft. retail or general office use, currently 1/2 of space is rented to
"Maids" Cleaning Co
Unit 1 B, 925 sq. ft. retail or general office use, currently used by chiropractic
services.
Unit 1 —C—,725 sq. ft., restaurant/food establishment which does not serve
Alcoholic beverages.
2"' and 3rd Floors Residential
Currently are 16 rooms and 2 one-bedroom (current license states that only 15
units may be occupied at any one time).
4. The petitioner seeks a Special Permit to add a fourth commercial unit on the first
floor (Unit 1 D) so that an existing--450 sq. ft unit not currently rented could be
(Unit 1-D is comprised of the unrented portion of the current unit 1-A). The
petitioner also seeks to increase the licensed amount of dwelling units on the 2"'
and 3d floors from 15 to 18 so that they may utilize all the units (16 rooms and 2
one-bedrooms).
5. A letter in support of the additional first floor commercial unit was submitted by
Mr. James T. Haskell, Executive Director, Salem Harbor Community
Development Corporation.
6. Mr. Scott Galber, an owner of the property on Harbor Street, spoke in support of
the requested Special Permit.
7. No opposition to the requested Special Permit was presented.
On the basis of the above findings of fact, and on the evidence presented at the hearing,
the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but not the
district in general.
SKLEPI. MA
F S OFFICE
I I S'S2 I 1 A, i0: 13
DECISION OF THE PETITION OF MARK F. EASLEY REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 73-75 HARBOR STREET R-3
page three
2. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
3. 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.
4. The Special Permit granted can be granted in harmony with the neighbotfTood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1. •Petitioner shall comply with all city and state statues, codes ordinances and
regulations.
2. All construction shall be done per the plans and dimensions submitted and approved
by the Zoning Enforcement Officer.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Inspection shall be obtained.
6. A Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Licensing Board and the Planning Board.
& Petitioner shall obtain proper street numbering from the,City of Salem Assessors
office and shall display said number so as to be visible from the street.
Special Permit Granted
September 15, 1999 /
Stephen Buczko
Board of Appeal
MA
u^FFfCE
(9?a
-1111 A iG: 13
DECISION OF THE PETITION OF MARK F. EASLEY REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 73-75 HARBOR STREET R-3
page four
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 5f 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 of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
MIA
Tito of Salem, �ttssarljuse##s i 10E
19;9 CCT 21 P 3: 12
DECISION OF THE PETITION OF MARK F. EASLEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 73—75 HARBOR STREET R-3
A hearing on this petition was held October 20, 1999 with the following Board Members
present: Nina Cohen, Chairman, Stephen Harris, Michael Ward, Stephen Buczko and
Richard Dionne. 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.
The petitioner is requesting a Variance as to on-site parking for the property located at
73-75 Harbor Street located in a R-3-zone.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
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. The petitioner, Mark F. Easley, is a Trustee of EAZ Realty Trust, the owner of the
property located at 73-75 Harbor Street. The petition was presented by Mark F.
Easley.
2. The subject property is located in a R-3 District.
3. The petitioner requests a variance as to on-site parking. The current nonconforming
and conforming uses of the structure do not conform with the parking provisions of
the Salem Zoning Ordinance.
DECISION OF THE PETITION OF MARK F. EASLEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 73-75 HARBOR STREET R-3
page two
4. On September 15, 1999, the Zoning Board of Appeal granted the petitioner a Special
permit to add a fourth commercial unit on the first floor, and to increase the licensed
amount of dwelling units on the second and third floors from 15 to 18.
5. In January of 1999, Eric Easley and Scott Galbert(owner of 71 Harbor St) purchased
65 Harbor Street, which was made into a parking lot. The parking lot provides 20
parking spaces. Mr. Easley and Mr. Galbert have divided the lot so that they each
have 10 spaces available for use.
6. Mr. Easley has a eight parking spaces available on the property at 73-75 Harbor St.
The total number of parking spaces available for 73-75 Harbor Street is 18.
7. Mr. Scott Galbert spoke in support of the requested variance at the September 15,
1999 Zoning Board of Appeals meeting.
8. No opposition to the requested Variance was presented.
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested,
subject to the following condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Licensing Board and the Planning Board.
Variance Granted
October 20, 1999
Stephen Buczko, Member
Board of Appeal
DECISION OF THE PETITION OF MARK F. EASLEY REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 73-75 HARBOR STREET R-3
page three
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 after the
date of filing of this decision in the office of the City Clerk. Pursuant to
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 is has been dismissed or denied 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.
Board of Appeal
� Salem
Harbor
COMMUNITY DEVELOPMENT CORPORATION
j A.
102 Lafayette Street, Salem, Massachusetts 01970 Telephone: (978) 745-8071 Fax: (978)745-4345 -
September 15 ,1999
Mr. Eric Easley
North East Realty
P.O. Box 4542
Salem, Massachusetts 01970
Dear Eric:
On behalf of the Salem Harbor CDC, I would like to support your application to change the use of the first
floor of your building at the comer of Harbor and Congress Streets to include two offices facing the Harbor
Street side.
Clearly this change in usage will be advantageous to the community, and will only serve to upgrade the
neighborhood.
I would be more than willing to speak to you or others conceming this matter. Unfortunately, 1 will be
unable to attend your hearing this evening, but wish you the best of success in having your application
approved.
S' e
es T. yik�
xecut' e Drector
United QWay
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