City of Salem Zoning Board of Appeals
Minutes of Meeting
Wednesday, January 21, 2009
A meeting of the Salem Zoning Board of Appeals (“Salem ZBA”) was held on Wednesday, January 21, 2009 in the third floor conference room at 120 Washington Street, Salem, Massachusetts at 6:30 p.m.
Those present were: Robin Stein (Chair), Rick Dionne, Rebecca Curran, and Bonnie Belair (alternate). Also present was Danielle McKnight, Staff Planner. Those absent were: Beth Debski, Annie Harris and Jimmy Tsitsinos.
Chair Stein opens the meeting at 6:32 PM.
Approval of Minutes
Stein noted that the Board should not vote on approving the minutes of December 17, 2008 because too many members were absent; to vote on the minutes, at least four members who were present at the December meeting would need to be present at the current meeting. Stein made a motion to continue approval of the December 17, 2008 meeting minutes until February 18, 2009. The motion was seconded by Dionne and approved (4-0) (Stein, Dionne, Curran and Belair).
Public Hearings
Stein stated that with only four members in attendance, petitioners would require a unanimous vote; anyone who wished to continue his petition could do so.
Petition of STEVEN SPUNGIN, seeking a Special Permit n 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 [R-2].
Atty Jacob Seigel represented the petitioner. The seller, Jerry Arcari of Landry & Arcari, was also present. Atty Seigel explained that for many years, Mr. Acari has operated his rug business from the premises. He has moved to Bridge St. now, but still uses premises for storage and bringing people over for sale of rugs as a workroom. The petitioner, Steve Spungin, wishes to purchase the property and replicate a business he has in Marblehead called the Marblehead School of Music. Atty Seigel explained that the Marblehead location, while in a largely commercial area, does abut a residential neighborhood, just as 1, 3 and 5 Pleasant St. does. He noted that a school would be successful and would enhance the area, and that most students the school would serve would be 5-14 years, a
good age to get kids doing something constructive.
Stein said the application was comprehensive and asked if the Board had questions.
Curran asked about the hours of operation. Atty Seigel confirmed that they would be 2:30 to 8 PM, Monday through Friday, with a parent-child enrichment class 10 AM to 1 PM during the week as well. No weekend hours are currently planned. Spungin added that if he did want to open on weekends in the future it would be on a Saturday morning.
Stein opens the issue for public comment.
Don Tucker, 5 Webster St., asked how many students would be served. Spungin replied they would teach 4 to 5 at most. Lessons are 30 minutes, and parents usually just drop off and pick up their children. They would typically only park once every 10 weeks to pay tuition.
Rosemary Hart, 7 ½ Pleasant St, had concerns about the hours and noted that 8 PM seemed late; she would rather see the school open only until 6 or 7 PM. She also noted that parking is a concern, and there is rarely a space on the street. She said it’s very difficult for residents, and she does not have a driveway. She asked how many people the school would have in it in addition to the students.
Spungin said there would be one manager, 3-4 teachers, and about 4 students most of the time. The teachers would use public parking.
Hart asked if there would be new students, or the same ones currently in Marblehead. Spungin replied that they would be new students from the local area.
Paul Guido, 15 Pleasant St., asked what type of music would be taught. Spungin responded it that it was mostly acoustic music, and some electic guitar, and that the volume would never be louder than the typical household television. He said the school didn’t offer any kind of ensemble or public rehearsal space.
Guido noted that as far as parking was concerned, the neighborhood had dealt with Mr. Arcari, and he had been wonderful, very courteous. Guido hoped that kind of relationship would continue with the new property owners. Spungin asked Arcari how many employees he had at once. Arcari said usually 10-12. Spungin noted that he would have about a third of that. Guido said as long as the neighborhood could maintain the same relationship they had with Arcari, he would have no problem.
David Pelletier, 12 Crombie St., said there really aren’t a lot of music schools in Salem, and with budget cuts we don’t have a lot of it in the schools. He thinks this is something that’s needed in the city and gives students a positive outlet. Concerning parking on Crombie St., he noted that he has 54 new neighbors in a new nearby development; they all have cars; and he never even notices them. He hopes the ZBA will support Spungin so he can give the building a proper new use.
Pamela Schmidt, 121 Bridge St., said she has enjoyed the Bridge St bypass, which has decreased traffic and noise around her house. She likes the idea of a music school – she hasn’t liked the idea of a vacant building. However, she is sensitive to noise levels – she has appreciated the change since the bypass was constructed. She asked what measures the school would take to decrease sound levels, and if drums would be played at the school.
Spungin stated that he wouldn’t have drums in this location. He has a drum location in Marblehead, and it’s insulated. If he did decide to do drum lessons at this location, he would restrict them to a professionally soundproofed basement. As to other instruments, their sound decibel levels are typically the same as a television.
Brian Fraley, 4 Pleasant St, said he wanted to welcome Spungin to the neighborhood.
Stein closes the public comment portion of the hearing.
Belair commented that this a lesser use than the last use and that it’s a great addition to the City. As for hours, kids don’t get out of day programs until 5 or so, so she didn’t think 8 was unreasonable. She noted that Salem does have a noise ordinance, if people are finding they are bothered. She said the applicants appear to be nice people who will work with the City.
Stein agreed and noted that with kids in out of school time programs, that schedule was needed. She also stated that under the bylaw, this is a lesser intense use. She commented that it was a good project, and it was nice to see something go in there without needing to make exterior changes that would change the existing nonconformity of the building.
Curran agreed about the use. She asked if the curb cut was on Pleasant or Webb. Arcari responded that it was on Pleasant St.
Stein suggested putting in the decision a condition that it would be permissible to extend hours to Saturday if the petitioner wishes so he won’t have to come back if he decides to do that.
Belair makes a motion to approve the petition of Steven Spungin seeking a special permit in order to modify the currently nonconforming use retail service, storage and office for a rug company, to another nonconforming use, a music school, for the structure on the property located at 1, 3 and 5 Pleasant St. in the Residential Two-Family Zoning district subject to four (4) standard conditions, and with permission to extend hours to Saturday.
Dionne seconds the motion, and it passes 4-0 (Belair, Curran, Stein, Dionne).
Petition of PAUL SUDENFIELD, seeking a Special Permit to allow an additional use (retail sale) at an existing repair shop located at 462 HIGHLAND AVENUE [B-2].
Paul Sudenfield presents his petition. He explained that he had started selling mopeds and would now like to get into selling larger bikes. Those under 49CC are not considered a motorcycle. Larger than that, he would need a license from town, approved by registry. He is now requesting a Special Permit to sell bikes over 49CC. Nothing about the business would change except for that.
Curran clarified that Sudenfield’s business would be staying a muffler shop and selling motor scooters – nothing bigger than 150, 250CC.
Stein asked if he would be adding anything physical, such as a showroom. Sudenfield said no.
Sudenfield notes that retail is not his primary business, so he doesn’t mind if the ZBA restricts the how much he’s able to sell.
Stein says she doesn’t think it’s inconsistent with the bylaw to sell a few scooters on the side, but they don’t want a full-scale retail operation. Sudenfield said that was not his plan, and that he still has a contract with Mieneke for the next several years to run his repair business.
Curran said the repair shop should stay the primary use, and Stein said she thought they could craft some language to ensure that.
Stein checks the bylaw to make sure the ZBA was granting Sudenfield the right relief. Belair thinks it would be an additional use.
Sudenfield showed the ZBA examples of the products he’ll be selling.
Belair suggests limiting not the size of the scooters Sudenfield can sell, but the percentage of business that could be comprised of retail sales.
Stein told Sudenfield the ZBA is basically allowing him to expand the nonconforming use to allow a small number of sales of motorscooters/motorcycles, not to exceed the primary use of auto repair.
Curran makes a motion to approve a Special Permit for the property at 462 Highland Avenue to allow the expansion of a nonconforming use to include the retail sale of motorcycles and motorscooters, not to exceed the primary use of the property as an auto repair shop, subject to three (3) standard conditions. Dionne seconds the motion and it passes 4-0 (Stein, Belair, Dionne, Curran).
Request for continuance for the petition of United Financial Consultants, LLC, seeking variances for lot area; lot width; front, side, and rear yard setbacks; allowance of two dwelling structures on the lot; and allowance of five parking spaces; and a special permit to reconstruct a nonconforming structure for the property located at 272 JEFFERSON AVENUE [B1].
McKnight refers to a letter submitted by Atty George Atkins requesting the continuance to February 18, 2009. Stein asks McKnight how the negotiations with the other residents of 272 Jefferson Ave. are going, and whether she has heard any objections to continuing the hearing. McKnight responds that she has heard from two residents who were upset about the hearing being continued and who feared the issue could drag on indefinitely. Stein says it is important to keep in mind that this issue is not simply about the petitioner, but that it also affects the other condo owners.
Curran makes a motion to continue the petition to February 18, 2009; Stein seconds the motion and it passes 4-0 (Stein, Dionne, Belair Curran).
Old/New Business: Request for withdrawal of petition for 7 ENGLISH STREET.
McKnight explains the City Solicitor, Beth Rennard, has received a letter from the petitioner’s attorney requesting the withdrawal of the petition; however, the decision had already been filed. Stein makes a motion to ask the petitioner to come in to give the ZBA an update on the property. Dionne seconds the motion, and it passes 4-0 (Stein, Curran, Belair, Dionne).
Stein: motion to close hearing, seconded by Dionne. The motion passes 4-0 (Stein, Dionne, Curran, Belair).
Meeting adjourns at 7:15 PM.
Respectfully submitted,
Danielle McKnight, Staff Planner
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