1 PLEASANT STREET - ZBA III
CITY OF SALEM MASSACHUSETTS
4v BOARD OF APPEAL
120WASHINGI'ONSTRFM ♦SALEM,MASSACIIUSFYCS01970
C,M � TELE.978-619-5685 PAN 978-740-0404
KIMBERLEY DRISCOLL
MAYOR
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August 28, 2012 - N
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Decision m D
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City of Salem Zoning Board of Appeals N Cr
Petition of DEBORAH PLANTE requesting a Variance from Sec. 5.1, Off-Street Parking, and a
Special Permit under Sec. 3.3.2,to change from one nonconforming use to another, in order
to operate an antiques shop on the property located at 1 PLEASANT ST/117 BRIDGE ST(R2
Zoning District).
A public hearing on the above Petition was opened on August 15, 2012 pursuant to Mass
General Law Ch. 40A, § 11. The hearing was closed on August 15, 2012 with the following
Zoning Board of Appeals members present: Rebecca Curran (Chair), Michael Duffy, Jamie
Metsch, and Bonnie Belair.
` Petitioner seeks a Special Permit pursuant to Section 3.3.2 and a Variance pursuant to Section
5.1 of the City of Salem Zoning Ordinances.
Statements of fact:
1. In a petition date-stamped August 1, 2012, petitioner requested a Special Permit to
operate an antique store at 1 Pleasant Street (aka 117 Bridge Street), and for a Variance
from off-street parking regulations in order to have fewer parking spaces than required
on the premises.
2. The petitioner represented herself at the hearing. The property owner, Dru Zuretti, was
also present.
3. At the hearing,the petitioner stated that her parking needs were minimal; she has, at
the most,two cars at a time parked in front of her current antique shop on 45 Bridge
Street. Additionally, she stated that the three parking spaces used by the music school
at 3 Pleasant Street, on the same property, are generally used only at night and would
be available during the day for use by the antique store.
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4. At the hearing, no one spoke in favor of or in opposition to the petition.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the following
findings:
1. Desirable relief maybe granted without detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the zoning ordinance,
since the proposed use is in keeping with the character of the neighborhood. The Board
finds that the proposed use is not more detrimental to the neighborhood than the current
use. Adverse effects of the proposed use will not outweigh its beneficial impacts to the City
or the neighborhood.
2. Special conditions and circumstances exist affecting the parcel or building, which do not
generally affect other land or buildings in the same district; owing to the presence of two
buildings on the same property, the number of parking spaces required by the zoning
ordinance (10) cannot be provided. Petitioner has stated that her business does not require
more parking than would be available on the site, and the Board finds that the proposed
use would not create the need parking than would be available.
3. Literal enforcement of the provisions of this ordinance would involve substantial
hardship, financial or otherwise, to the appellant.
4. In permitting such change, the Board of Appeals requires certain appropriate conditions
and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals
voted four (4) in favor (Curran, Metsch, Belair, and Duffy) and none (0) opposed, to grant the
requested Special Permit and Variance. A Special Permit under Section 3.3.2 and a Variance
under Section 5.1 are granted to allow for the operation of an antique shop at 1 Pleasant
Street, as proposed.
The Board of Appeals voted to grant petitioner's request for a Special Permit and Variance
subject to the following terms, conditions, and safeguards:
1. 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.
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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 is to be obtained.
6. Petitioner shall obtain street number from the City of Salem Assessor's Office
and shall display said number so as to be visible from the street.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to,the Planning Board.
Michael Duffy, Member
Salem 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 has been filed with the Essex South Registry of Deeds.
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