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Legal Notice C
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CITY OF SALEM C
BOARD OF APPEAL C
745-9595,Ext.381 .C
Will hold a public hearing for all C
persons interested in the submitted by C:
1 GERARD ARCARI requesting a SpeCI
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clad Permit for enlargement of non- C,
conforming structure and non-con- 0
forming use for the property located Ci
at 3-5 PLEASANT STREET R-2.Said Ct
> hearing to be held WEDNESDAY, C(
FEBRUARY 21, 2001 at 6:30 P.M., Cc
ONE SALEM GREEN,2ND FLOOR. C6
Nina Cohen,Chairman C6
(2/7,14) (1/
Citp of balem, Aa5zarbuottg
=� CITY OF SALEM
1 CLERK'SF16E A
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2001 FEB 28 A IU 54
DECISION ON THE PETITION OF GERARD ARCARI REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3-5 PLEASANT STREET R-2
A hearing on this petition was held on February 21, 2001 with the following Board
Members present: Nina Cohen, Chairman, Stephen Buczko, James Hacker, Richard
Dionne and Stephen Harris. 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 for enlargement of non-conforming structure and
non-conforming use for the property located at 3-5 Pleasant Street located in an R-2
District.
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:
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 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:
i
DECISION ON THE PETITION OF GERARD ARCARI REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3-5 PLEASANT STREET R-2
pagetwo
1. Gerard Arcari appeared on behalf of the petitioner Constance M. Russo, Trustee
of the 3-5 Pleasant Street Realty Trust, which owns the property by Landry and
Arcari, a retail seller of oriental rug and carpeting in Salem since 1938. Petitioner
was represented by William Quinn, Esq., of Tinti,Quinn and Grover L.L.C.
2. Petitioner seeks a special permit to allow enlargement of two existing
nonconforming structures that are used for the storage, display and sale of
oriental, fine rugs and carpeting. Petitioner's planned expansion would add
approximately 266 s.f. of floor space to a one-story building at the north side of
the property, and would enclose the front porch of the two and one half store
Italianate house at the south side of the property.
3. The purpose of the planned expansion is to enable the business to install up to
date display racks to allow vertical storage and display of the rugs. This will
enhance Landry & Arcari 's competitive positioning with respect to other
businesses in the same market.
4. The Board heard comments from two abutters, Michael LaPlante of 123 Webb
Street and Rosemary Hart of 7 1/z Pleasant St. and from Regina Flynn Ward 2 City
Councillor, and Staley McDermot, an architect who is a Vice President of Historic
Salem, Inc. Both neighbors and the HIS representative spoke in support of the
plan.
5. The neighbors had quality of life issues for the business to address. In light of
difficult parking conditions at the side, the requested that employees parking for
the 30—odd employees be strictly limited to offsite lots, and that the street sign
restricting parking to 15 minutes be replaced with a sign allowing 30 minutes or
removed. They also requested building modifications to enable water runoff to
City storm drains on Pleasant St, from the lower roof of the larger building, subject
to the approval of the Building Commissioner. Finally, they requested that store I
lights be consistently turned off when the store is not in operation. Mr. Arcari
agreed to these matters.
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.
DECISION OF THE PETITION OF GERARD ARCARI REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3-5 PLEASANT STREET R-2.
page three
Therefore, the Zoning Board of Appeal voted 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 as per the plans and dimensions submitted and
approved by the Building Inspector.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. A Certificate of Inspection shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
structure.
7. Petitioner is to resolve water run-off problems as per Building Inspectors approval.
8. All employees shall park off-site.
9. Minimal lighting shall be left on.
10. No overnight van parking.
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION OF GERARD ARCARI REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 3-5 PLEASANT STREET R-2
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 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.
ZONING DISTRICT — R2
EXISTING PROPOSED
REQUIRED CONDITIONS ADDITIONS
FRONT YARD 15 1 1.9 1 2.0
SIDE YARD 10 1.2 3.2
REAR YARD 30 0.3 N/A
NOTES:
AREA, OF 3-5 PLEASANT ST. = 4453 ± S.F.
EXISTING LOT COVERAGE OF 3-5 PLEASANT ST. = 83%
PROPOSED LOT COVERAGE OF 3-5 PLEASANT ST. = 86%
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DEED REFERENCES:
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\ RECORD BOOK 13184 PAGE 116
RECORD BOOK 8473 PAGE 567
BARBARA LAPLANTE _ %- \ PLAN REFERENCES:
PLAN BOOK 2555 PAGE 225
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DWELLING \ PLAN BOOK 2620 PAGE 258
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Salem Historical Commission
ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978) 740-0404
February 12,2001
Nina Cohen, Chairman
Board of Appeal
One Salem Green
Salem,MA 01970
Dear Chairman Cohen:
The Salem Historical Commission is in receipt of your agenda for February 21, 2001 and offers the
following comments:
• 3-5 Pleasant St. —Please note that this property was built prior to 1874. While alterations to this property do
not fall within the jurisdiction of the Salem Historic District Commission and the Commission takes no position
on this petition, if requested by the Board of Appeal as a condition of approval,we would be pleased to provide
design review in order to assist in preserving and enhancing the historic architecture of the property and
surrounding neighborhood.
Thank you for your consideration.
Sincerely,
HE SALEM HISTORICAL COMMISSION
Lance Kasparian
Chair