3 PLEASANT STREET - ZBA ' j 3 PLEASANT STREET (R-2)
JULIE ARCARI COOK
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DECISION OF THE PETITION OF iULIE ARCARI COOK REOU�§tING 'A
VARIANCE FOR THE PROPERTY LOCATED AT 3 PLEASANT STREET' fR',' ir ICF
A hearing on this petition was held January 17, 1996 with the following
Board members present: Stephen Touchette, Chairman; Gary Barrett, Nina
Cohen, Arthur LeBrecoue and Joseph Ywuc. 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, owners of the property request a Variance to replace a sign on
a building for the property located at 3 Pleasant Street.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . Julie Arcari Cook appeared on behalf of the petitioner.
2. Petitioner is seeking to replace an existing sign on the building
located at 3 Pleasant Street.
3. The sign to be constructed will be 30" in height, 167" in length and
5/8" in width, the exact same dimensions of the sign it is replacing.
s. The sign will be constructed of wood with hand-carved lettering with
gold leaf and black background, and the sign will not be lighted.
5. The proposed sign will be placed in the exact same location of the sign
which it is replacing.
6. Tom McGinn, a representative of the sign maker, described the proposed
sign as a replica of the previous sign.
7. Ms. Cook stated that the sign was a necessity to attract customers to
the oriental rug business being conducted on the premises.
8. There was no opposition to the requested variance.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
DECISION ON THE PETITION OF .iULIE ARARI COOK REOUESTING A
"ARIANCE FOR THE PROPERTY LOCATED AT 3 PLEASANT STREET fR-21
page two
Therefore, the Zoning Board of Appeal voted unanimously, 3-0 to grant the
variance requested, subject to the following conditions :
1 . Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2 . All construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall obtain a building permit prior to beginning any
construction.
Variance Granted
January 17, 1996
Gary Barrett
Board of Appeal
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 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 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
DATE OF HEARING /
PETITIONER4
LOCATION
MOTION: TO GRANT SECOND AMENDMENT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE
GARY M. BARRETT
ALBERT C. HILL
STEPHEN TOUCHETTE
NINA V. COHEN
ASSOCIATE MEMBERS
ARTHUR LEBRECQUE
JOSEPH J.YWUC tz
CONDITIONS: n/C
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TIMOTHY McGINN
C]CENTRAL STREET (508)532-9200
PEABODY,MA 01960 FAX(508)532-9595
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t `0tk APPEAL CASE N0. . . . . . . . . . . . . .
, 39
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TO THE BOARD OF APPEAL:
The Ondersigned re[p/, e �sent that he/she is/are the owners of a certain parcel of land
located at:. . . j n .5/ : . • • • . .•Street; Zoning District. . . ./.�.�..�. ...........:
and said parcel is affected by Section(s). . . . . . . .. . . . . .. . . . ... . of the Massachusetts
State Building Code.
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
The Application for Permit was denied by the Inspector of Buildings for the following
reason(s):
The Undersigned hereby petitions the Board of Appeal to vary the terms of thei Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed. as the enforcement of said
Zomig BY-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating
from the intent and purpose of the Zoning Ordinance and Building Code for th�follov
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Owner.... j ULY/c
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Telephone.... f`�/y/.ice/- /69�dn ...............
Petition
Address.er.%�2L.0
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Date... TeponeSDO- 7111/- S9jQ. ,- . ._-
Three copies_of_ the-application must be:.filad with_.the Secretary o£ the:Botsd_ef_:Appea -
with_a..checlr,.fortaathec
edo�sin�in_thm s.s...r-ofr;»....»..»»«foot.weeks .
meeting-of=thcBoard-of!Appeal;-�Hbck_'ri`Ic.ton the=:Sala==E*ening-Hews:. p "
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I'ICI'I'I'ION TO ItOAItU (1V AI'I'IiALS • 1 ",?�I L..'1, ,3.
LOCAT I ON
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1'e Li Lioner_ . _ . . . . . . . . . . . . . . . . . . . . Z2^ � . . 33
AJdress . . . . _ . . _ . . - _ . . _ . . . . .
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CONDITIONS
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;
I'VI'LTION APPROVED. . . . . . . . . . . . . ( ) , , + :•�
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DFNIED- - - . . _ . . . . . . ( ) s
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APPEAL CASE N0. . . . . . . . . . . . . .
of -15MjrM, 4HaS5zIrjIlI5Pft6
. -fivarb of Au Ptt1
TO THE BOARD OF APPEAL.
The undersigned represent that he/she is/are the owners of a certain parcel of land
located at: . . . /PSII/ff. . . . . . . . . . . . ..Street; Zoning District. . . . . .'?
and said parcel is affected by Section(s). . . . . . . .. . . . . . ..... .. . of the Massachusetts
State Building Code. "
Plans describing the work proposed have been submitted to the Inspector of Buildings
in accordance with Section I% A.1 of the Zoning Ordinance.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasou(s): I
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The Undersigned hereby petitions the Board of Appeal to vary the terms of the,Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed. as the enforcement of said
Zoning By-tea and Building Code would involve practical difficulty or umeCas nary
hardship to the Undersigned and relief may be granted without substantially derogating
from ne id*ent and purpose of the Zoning Ordinance and Building Code for the--follow--
f" reason-=
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Address..(:.? .!!L. /S/.� ............
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Petitioner.( L�� ....
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Three copies.of;tha-epplieatiaa-smst_be-filed=with . he.Secretary n_tha;Boar -r+£:Appea3L
with a-.chlCk„fot sdva*++ ngi th& a�....r-off¢»._..�.».�.fox.weehs- _ to:theftz
=seting.-of=themBoard=of'
Appeal;_cxa^k-payable:to-the.-SalesageemingrNewa. _
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NO. . . . . . . . . . . . . . . . . . .
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1'I('I'I'I'ION 9'0 IWAIM OF AI'I'I:ALS
LOCATION ),t�tjV p
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Address . . . . . . . . . . . . . . . . . . . . . . . . . .
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I'R•I'LTI:ON APP90VED. . . . . . . . . . . . . ( )
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MORI GAGEo� INSPECTION - r
BAY STATE SURVEYING SERVICE INC. II
234 CABOT ST., BEVERLY, MA. II
LOCATION NOTES
a - .................
SCALE : I° =Z() FT. DATE 7 ��f 7_ • This is a Mortgage inspection survey and note;'
REFERENCE an instrument survey,therefore this plot plan is for
�7......._....
mortgage inspection purposes only.
• This survey is based on survey marks of
........... . .. .. ......... .............. others.
To . �..H__gM.Jr_.r_`!1C t?✓�r�tl�?,�. !�N I G • Bushes,shrubs, fences and tree lines do
I hereby certify that 1 have examined the premises and.that the
not necessarily indicate property lines.
building(s) shown on this plan are located on the ground as
• e net located in the
shown and that they conformed to the inning setbacks of the The building(s) or special
when constructed
�rT�_UF SALC/V� _ flood hazard zone, as defined by H.U.D.
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VdHEN�ER AN
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MORIGAGE INSPECTION -
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST., BEVERLY, MA.
LOCATION SALEM IYlAS�. NOTES
- .................
• This is a Mortgage inspection survey and no
SCALE : I =ZU FT. DATE :... ���5}�5?.............
REFERENCE an instrument survey,therefore this plot plan is for `.
""""'""""' mortgage inspection purposes only.
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..........
.."""""' • This survey is based on survey marks of
........... ... .. ......... .............. others.
To Bushes,shrubs, fences and tree lines dog
I hereby certify that I have examined the premises and that the not necessarily indicate property lines.
building(s) shown on this plan are located on the ground as
4f • The nebuilding(s) are not located in the special
shown and that they conformed to the zoning setbacks of the Hood hazard zone, as defined by H.U.D. `
when constructed. x;-
3Y Ti4Pc St>R./c�/.
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WHEN AN INSTR.
IESS TO pEZERi1WE
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MORIOAGE INSPECTION `
BAY STATE SURVEYING SERVICE INC. II
234 CABOT ST., BEVERLY, MA. .l
LOCATION S�1LM M,�;��. NOTES '
SCALE I" DATE • This is a Mortgage inspection survey and notf
FT=ZU ° �� rS��S� -
REFERENCE a . �< 04 / ' �' an instrument survey,therefore this plot plan is for ;
_ ..1__�..._J r?:_Y �_......_.... mortgage inspection purposes only. L
'I. • This survey is based on survey marks of
others.
To - $ h j_g M.0 I _.r` G R: �,n�T.�. r�N I< • Bushes,shrubs, fences and tree lines do f--
I hereby certify that I have examined the premises and that the not necessarily indicate property. lines. .
building (s) shown on this plan are located on the ground as 4-
shown and that they conformed to the zoning setbacks of the • The buildings) are not located in the special
flood hazard zone, as defined by H.U.D. '
__••_!�!�__. _____ when constructed.
Of
3Y Ti4Pc Sve✓c�!
• J/i� SCJ. r
JjI-`' bhrfr T. w
AN DFFSE� iS rcY 1S ''
• \'JHEN�� 1t`iSZR• SUFE` �;
1 + OR LESS ANTO pEZERtddtlE
RECOMM�ESED _
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