1-3-5 PLEASANT STREET - BUILDING INSPECTION 1-3-5 PLEASANT STREET
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UPC 10330 ^
No.153L RpT
HASTINGS. UN
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�oNDITA.AO CITY OF SALEM, MASSACHUSETTS
J BOARD OF APPEAL
7 `.k 120 WASHINGTON STREET. 3RD FLOOR
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
KIMBERLEY DRISCOLL
FAX: 978-740-9846 1�r9 Fra -2 :1 fly ?j
MAYOR
February 2, 2009 C'I ,
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 % 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.
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d
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
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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 tiled 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.
Citp of 6atem, 01noarbuatte;
� CITY OF SALEM MA
• 13uarb of 2ppeal CLERK'S OFFICE
2001 FEB 28 A ID S4
DECISION ON THE PETITION OF GERARD ARCARI REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT43-5 PLEASANT$TREE_t2--
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:
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. 1
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.
✓ "'�'� �j- env CSC��
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
pagefour
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.
1,.
Citp of 6aiem, Alooarbuottg
. o`FicE
30oarb of appeal
21
DECISION OF THE PETITION OF TREEHOUSE DESIGN REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 1-3-5 PLEASANT STREET R-2
A hearing on this petition was held May 17, 200 with the following Board Members were
present: Nina Cohen Chariman, Stephen Harris, Ronald Harrison, Stephen Buczko and
Richard Dionne. 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.
At the request of the petitioner's Attorney William Quinn, the Salem Board of Appeal
voted 5-0, to grant leave to withdraw this petition without prejudice for a Special Permit
requesting an extension of a nonconforming structure and a Variance from parking for
the property located at 1-3-5 Pleasant Street.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
May 17, 2000 (cc \
''-J
Nina Cohen, Chairman
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