75 North St. DECISION (stamped) CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 c
TEL:978-619-5685
KIMBERLEY DRISCOLL „
MAYOR
J
June 27, 2022 _E
Decision
City of Salem Board of Appeals
The petition of R. ERIC RUMPF,TRUSTEE OF 75 NORTH STREET REALTY TRUST at
75 NORTH STREET(Map 26, Lot 58) (NRCC/BPD Zoning District),for a Special Permit
per Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to convert from
a nonconforming light manufacturing,fabrication and assembly use to a nonconforming
dog training facility use.
A public hearing on the above petition was opened on June 15, 2022 and was closed on
June 15, 2022.
On June 15, 2022,the following members of the Salem Board of Appeals were present:
Carly McClain, Paul Viccica, Peter Copelas(Vice Chair) and Steven Smalley.
Statements of Fact:
The petition is date stamped April 27, 2022. The petitioner seeks a Special Permit per
Section 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to convert from a
nonconforming light manufacturing,fabrication and assembly use to a nonconforming
dog training facility use.
1. 75 North Street is owned by R. Eric Rumpf.
2. The petitioner was R. Eric Rumpf.
3. R. Eric Rumpf was represented by Attorney Bill Quinn.
4. 75 North Street is located in the NRCC/ BPD zoning district. (Map 26, Lot 58)
5. The requested relief, if granted,would allow the Petitioner to convert the
property from a nonconforming light manufacturing use to a dog training use
which is also a nonconforming use.
6. On June 15, 2022,Attorney Bill Quinn presented to the board. The existing
site consists of the foundation of the old Salem Paint Company at 75 North
Street that burned down many years ago. The foundation of the building has
been improved and renovated to house several light industrial businesses in
1
the building over the years. When the NRCC zoning district came to be, it
made the building a current legal nonconforming use. So, to put a dog
training facility into the property would require a Special Permit from the
Zoning Board of Appeals to convert from one nonconforming use to another.
7. Attorney Quinn had spoken with the Building Commissioner about this
specific use and was informed that it would be best to come in front of the
Zoning Board to apply for the special permit from one nonconforming use to
another nonconforming use.
8. Attorney Quinn stated that the property abuts the Salem Dog Park as well as a
veterinarian clinic on Commercial Street. So, this use would be a welcome
and appropriate addition to the area.
9. Vice Chair Copelas inquired about flooding to the property due to a damn that
was erected by the back double doors. Mr. Copelas inquired if there were
plans to mitigate potential water issues at the property. Attorney Quinn
stated that due to the interior materials, concrete mostly, and the proposed
use,that there wasn't a large concern over flooding damage at the property.
10. Mr. Copelas opened the meeting up to public comment.
11. Victoria Ricciardiello, 5 Forster Street, inquired about what type of breeds
were being considered for training-such as breeds like Dobermans and
Rottweilers or a specific type of dog.
12. Shawna Duffy, owner, responded that they will be training pet dogs and that
they do not have any breed restrictions. Shawna stated that they focus mostly
on recall,leash reactivity, and how-to walk-in heel.
13. Nina Vyedin expressed that she thought the area is very dog heavy and this
would be a good addition to the area.
14. Peter Copelas asked attorney Quinn to go over the criteria for a special permit.
15. Carly McClain made a motion to approve the special permit.
16. Due to the ongoing COVID-ig pandemic and related precautions and
Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the
Open Meeting Law, G.L. c. WA, §18, and the Governor's March 15, 2020
Order imposing strict limitations on the number of people that may gather in
one place,the June 15, 2022 meeting of the Board of Appeals was held
remotely,via the online platform Zoom.
Special Permit Findings:
The Board finds that the proposed modifications will not be substantially more
detrimental than the existing nonconforming use to the neighborhood and that the
adverse effects of the proposed use will not outweigh its beneficial impacts to the City
and the neighborhood:
1. Social, economic, or community needs were served by this petition.
2. Traffic flow and safety, including parking and loading: there will no impact
on traffic or parking.
2
3. Adequate utilities and other public services: The petition will not impact
utilities or public services.
4. Impacts on the natural environment, including drainage: No negative
impact would be expected.
5. Neighborhood character:The project will not have a negative impact on the
residential neighborhood character.
6. Potential fiscal impact, including impact on City tax base and employment.
There will be a positive fiscal impact on the city or its tax base.
On the basis of the above statements of fact and findings, the Salem Board of Appeals
voted four (4) in favor (Steven Smalley, Carly McClain, Paul Viccica and Peter Copelas)
and none (o) opposed to grant R. ERIC RUMPF,TRUSTEE OF 75 NORTH STREET
REALTY TRUST at 75 NORTH STREET a Special Permit per Section 3.3.2
Nonconforming Uses of the Salem Zoning Ordinance to convert from a nonconforming
light manufacturing,fabrication and assembly use to a nonconforming dog training
facility use.
Receiving four(4)in favor votes,the petition for a special permit is approved.
Standard Conditions:
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.
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. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner shall obtain street numbering from the City of Salem Assessor's
Office and shall display said number so as to be visible from the street.
g. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including,but not limited to,the Planning Board.
io.Unless this Decision expressly provides otherwise, any zoning relief
granted does not empower or authorize the Petitioner to demolish or
reconstruct the structure(s)located on the subject property to an extent of
more than fifty percent (50%) of its floor area or more than fifty percent
(50%) of its replacement cost at the time of destruction. If the structure is
3
demolished by any means to an extent of more than fifty percent(50%) of
its replacement cost or more than fifty percent (50%) of its floor area at
the time of destruction, it shall not be reconstructed except in conformity
with the provisions of the Ordinance.
1i. All construction shall be done per the plans and dimensions submitted to
and approved by this Board.Any modification to the plans and dimensions
must be approved by the Board of Appeals unless such changes are
deemed a minor field change by the Building Commissioner in
consultation with the Chair of the Board of Appeals.
el
Peter Copelas/Vice Chair
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 4oA, 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 0A, 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.
4