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g CITY OF SALEM
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8 will hold a public hearing for all Is
❑ persons interested in the petition sub- A
d mitted by KURT BALLOU requesting c
a Special Permit to allow a change of R
the current non-conforming use of S
the building as a bakery to the use h
as a music recording studio on the a]
first floor and 1 residential unit on ,
the second floor for property located to
at 3 HIGH STREET R-2.Said hearing y,
to be held WEDNESDAY. NOVEM-' w
HER 20, 2002 AT 6:30 P.M., 120 Ss
WASHINGTON STREET, 3RD &
FLOOR,ROOM313. da
Nina Cohen,Chairman wi
(11/6,13) fie
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���orwr,aG CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET, 3RD FLOOR CITY OF ',ALEM, MA
SALEM, MA 01970 CLERK'S OFFICE
sip TEL. (978) 745-9595
FAX (978) 740-9846
STANLEY J. USOVICZ, JR.
MAYOR 1001 DEC -U P 3: 01
DECISION ON THE PETITION OF KURT BALLOU REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3 HIGH STREET R-2
A hearing on this petition was held on November 20, 2002 with the following Board
Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Richard Dionne and
Joan Boudreau. 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 allow a change of the current non-conforming use
of the building as a bakery to the use as a music recording studio on the 1s`floor and 1
residential unit on the 2ntl floor for the property located at 3 High Street located in a R-2
zone.
The provision of the Salem Zoning Ordinance which is applicable to this request for a
Special Permit is section 5-3 (2) (8), which provides as follows:
i
Notwithstanding anything to the contrary appearing in this Or 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 of 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:
CI1 Y OF SALEM. MA
CLERK'S OFFICE
DECISION ON THE PETITION OF KURT BALLOU REQUESTING A SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT 3 HIGH STREET R-2
page two 1007 DEC -U P 3-- 08
1. Attorney George W. Atkins III, 59 Federal Street represented the petitioner, Kurt
Ballou.
2. Mr. Ballou intends to live in the second floor residential unit and operate a music
recording business on the first floor.
3. To accommodate the music recording business, Mr. Ballou will install
soundproofing material to create a soundproof recording room and control room,
and a reception area. Recording sessions will be held by appointment for client
musicians.
4. Petitioner presented noise readings to determine the amount of ambient noise
entering from the street, and he stated that he would, so as to limit sound from
entering the recording room from the exterior of the building and conversely, to
limit sound from existing from the recording room to the exterior of the building.
5. There is no parking on the site. Off street parking is available on Margin Street
and public parking facility is located across Margin Street from the building.
6. Petitioner sponsored a meeting for abutters and others prior to the hearing, and
no one spoke in opposition to the petition.
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. Literal enforcement of the provisions of the ordinance would involve substantial
hardship on the petitioner.
2. The relief requested can be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district or the
purpose of the ordinance.
3. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the City's
inhabitants.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, 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. A Certificate of Occupancy shall be obtained.
DECISION OF THE PETITION OF KURT BALLOU REQUESTING A SPECIALCI i Y 0; SALEM. MA
PERMIT FOR THE PROPERY LOCATED AT 3 HIGH STREET R-2 CLERK'S OFFICE
page three
3. All requirements of the Salem Fire Department relative to smoke and fire safet all
be strictly adhered to. 106 DEC -U P 3: 09
4. A Certificate of Inspection shall be obtained.
5. All construction shall be done as per plans and dimension submitted and approved
by the Building Commissioner.
6. Petitioner shall be obtained a building permit before starting any construction.
7. A Certificate of Occupancy shall be obtained.
SPECIAL PERMIT GRANTED
NOVEMBER 20, 2002
Nina Cohen, Chairman
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 MGL Chapter
40A, and shall be filed within 20 days after the date of filing of this decision in the office
of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special
Permit granted herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that the 20 days have elapsed and no appeal has been
filed, or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
LAW OFFICES OF
ANTHONY G. KECK & ASSOCIATES
222 ESSEX STREET
SALEK MASSACHUSEM Ot970-370S
OF COUNSEL
TELEPHONE(978)74S-3353 GEORGE G. IRV ING
FACS[NULE (978) 744-SS32 ADM IN MA AND NY
OF COUNSEL
ANTHONY G. KECK e-mail: agkatlaw@salem-law.com RICHARD S. RAVOSA
ADMDIFD IN MA,ME All,NH,AND NY www.mlem-law.com ApMfI'I1FD IN MA AND Cr
November 18, 2002
George W. Atkins III, Esquire
59 Federal Street
Salem, MA 01970
RE: 3 High Street, Salem, MA
Tarantino Realty Trust
Application for Building Use Permit
Dear Attorney Atkins:
Please be advised that Danielle Tarantino, Trustee of the Tarantino Realty Trust, hereby
grants permission to you and your clients, William R. Ballou and Marjorie A. Ballou, to
present an application before the Salem Zoning Board this week requesting a use change
for the premises owned by the trust at 3 High Street. The use change is relative to the
purchase of the-property by your clients for use as a recording studio on the first floor of
the building and a residence on the second floor. Ms. Tarantino supports the purported
change of use for the premises by evidence of her signature below.
Please contact me if you have any questions or concerns. Thank you.
Sincerely,
Anthony . eck
1, Danielle Tarantino, trustee of the Tarantino Realty Trust hereby grant permission to
William R. Ballou and Marjorie A. Ballou to petition the Salem Zoning Board for a
ch e o use for the premises owned by the trust known as 3 High Street, Salem.
i
/ �_ ��✓St �'' November 18, 2002
Danielle Tarantino,ntino, Trustee
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