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1 3 5 PLEASANT STREET - ZBA I ,� r- � 5, S � � as�-�. (— S�-. �� ,y � � J ._-.�- Lr, �' �' �- �� r 1 , ra ;, �� -� �� s �. �� u _ �� y o -� � � '�9� -�"a s �+ �ONOITq.R^ CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 n KIMBERL NIS OLL FAX: 978-740-9846 IUQq FEB —Z AIt: 23 MAYOR CITY rlLi' February 2, 2009 LT Decision � h Decision City of Salem Zoning Board of Appeals Petition of STEVEN SPUNGIN requesting a Special Permit in order to modify the currently nonconforming use (retail, service, storage and office for a rug company) to another nonconforming use (music school) for the structure on the property located at 1, 3 and 5 PLEASANT STREET, Salem, MA in the Residential Two-Family zoning district. A public hearing on the above Petition was opened and closed on January 21, 2009 pursuant to Mass General Law Ch. 40A, § 11. The following Zoning Board of Appeals members were present: Robin Stein(Chair), Rebecca Curran, Richard Dionne, and Bonnie Belair (alternate). Petitioner seeks a Special Permit pursuant to Section 8-5 of the City of Salem Zoning Ordinances. Statements of fact: 1. Attorney Jacob Segal represented the petitioner, Steven Spungin, at the hearing. 2. The property at 1, 3 and 5 Pleasant Street is a retail/office/service/storage building in the Residential Two Family(R-2) district. 3. In a petition dated December 16, 2008, the applicant requested a Special Permit to change a nonconforming use of the structure (retail, service, storage and office for a rug company) to another nonconforming use (music school). 4. The petitioner did not propose any exterior alterations to the structure. 5. Several residents (Don Tucker, 5 Webster Street; Rosemary Hart, 7 %2 Pleasant Street; Paul Guido, 15 Pleasant Street; and Pamela Schmidt, 121 Bridge Street) asked questions regarding the numbers of employees and students, noise levels, and parking. 6. Brian Fraley, 4 Pleasant Street, and David Pelletier, 12 Crombie Street, spoke in favor of the petition. 2 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. The petitioner's request for a special permit does not constitute substantial detriment to the public good as the property at 1, 3, and 5 Pleasant Street has a history of non-conforming business and commercial uses. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as the use proposed is less intense than the current use as a retail/office/service/storage building for a rug company. 3. In permitting such change, the Zoning 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 concludes: 1. A Special Permit is granted to allow for the change in use from a retail/office/service/storage building for a rug company to a music school. In consideration of the above, the Salem Board of Appeals voted, four(4) in favor(Stein, Curran, Dionne and Belair) and none (0) opposed, to grant petitioner's requests 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. A Certificate of Occupancy is to be obtained. 4. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Robin Stein, Chair ^� Salem Zoning Board of Appeals 3 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. .;y CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND "PARTIES IN INTEREST" BOARD/COMMISSION: Zoning Board of Appeals PROJECT SITE: 3-5 Pleasant Street(36-0432-0) DESCRIPTION OF REQUIREMENT: Parties in Interest: The applicant Abutters Owners of land opposite any street or way Abutters within 300 feet Planning boards of abutting cities and towns This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "parties in interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the parcel(s)of land listed above as the project site. Assessor's Signature: Date: Number of initialed pages attached: Once Certified,Return to: n Department of Planning and Community Development O� �rSalem Web GIS - Map Page Page 1 of 1 W crol nee.to the Ciry d- le7n,Mressachusetts Property Viewer t New Property Search Property Record Card A HELP Property ID 36_0432_0 332 feet o AF99L8 ti Address 3 PLEASANT STREET r _r 81 Owner BIDJAR REALTY TRUST m Q aAUpoaa] = Property ID 36 0381_0 U. Address 1 ARBELLA STREET q r Owner KASPARIAN LANCE gA Property ID 360419_0 /// Address 10 ARBELLA STREET Owner PLANTE RICHARD D s n ms Property ID 3604180 Address 14 ARBELLA STREET k Owner SACRAMONE ELLEN 54 Property ID 36 0417_0 Adtlress 18 ARSELLA STREET O Owner MIASKIEWICZ CHRISTINE a s, m Property ID 36_0393_0 Address 19-21 ARBELLA STREET ri LUse Add/Remove Add Abutter .� P. Distance ,300�ft Parcels tool to Par Remove Target Parcels Mailing Labels Export Q � " •' �= Fy'1 ❑+vavvWoTrv'0 0 0 � �Irt-F® Scale l"= ',332 It Salem City Hall 93 Washington Street,Salem,MA 01970 Phone:978-745-9595 City Hall Hours of Operation:Monday,Tuesday 8 Wednesday 8AM-4PM Thursday 8AM-7PM Friday 8AM-12PM ails despned by AGPGeo. http://host.appgeo.com/salemma/Map.aspx 1/2/2009 CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL O Ili �"K ne7 V. I'0A AmlINI Io�SIIzI I'I # S.ALI AI,.V:ASSAaII'Sj II5019-0 "�tMIM14,114 11a.I t:99-6195695 ♦ r.vv:9"9-730-044)4 hl\1141 lltl.l'.1 �)ItKCnI I. VLvP�iR Notice of Decisions At a meeting of the City of Salem Zoning Board held on Wednesday, January 21, 2009 at 6:30 p.m. in Room 313, Third Floor at 120 Washington Street, Salem, MA, the Zoning Board of Appeals voted on the following items: Petition of: Paul Sudenfield Location: 462 Highland Avenue, Salem, MA Request: Special Permit Description: Special Permit requested to allow the expansion of a currently nonconforming use (auto repair shop) to allow an additional nonconforming use (retail sale of motor scooters) (BPD Zoning District) Decision: Approved— Filed with the City Clerk on February 2, 2009 Petition of: Steven Spungin Location: 1, 3 and 5 Pleasant Street, Salem, MA Request: Special Permit Description: Special Permit requested to modify the currently nonconforming use (retail, service, storage and office for a rug company) to another nonconforming use (music school) (R-2 Zoning District). Decision: Approved— Filed with the City Clerk on February 2, 2009 This notice is being sent in compliance with the Massachusetts General Laws, Chapter 40A, Sections 9 & 15 and does not require action by the recipient. Appeals, if any, shall be made pursuant to Chapter 40A, Section 17, and.shall be filed within 20 days.from the elate which the decision was,ltled with the City Clerk. 1