156 STATEMENT OF GROUNDS FOR SP
STATEMENT OF GROUNDS FOR SPECIAL PERMIT
FOR 156 DERBY STREET
The grounds for this request to delete Condition #8 (requires leased off-street parking) of the Board’s 2013 Decision is reasonable under present circumstances, and approval will not
be more detrimental to the neighborhood than the existing conditions.
Background:
Mr. Spiro Kounsalieh owned the property and operated “The Witches Brew” Restaurant on the first floor for over 30 years, until his death in 2018. The restaurant has continued to operate
under the direction of the Applicant, his widow, Demetra Karlis (a/k/a Kounsalieh) who now proposes to sell the property to a third-party buyer who is experienced in restaurant operations.
The property contains two residential apartments upstairs, and by a prior Decision dated December 30, 2013which allowed the expansion of the first-floor footprint of the restaurant
and adding a third floor apartment, and included Condition # 8 requiring that the owner lease off-street parking in the neighborhood for the residential tenants. At that time, the
owner was able to procure a 10-year lease for off-site parking from Captain Dusty’s, Inc. (“Dusty’s) to provide such parking at 143-147 Derby Street.
In the last year, Captain Dusty’s property has been sold and redeveloped for mixed-use commercial and residential development and is no longer available for any leased parking. This
neighborhood is well-known to the applicant and her prospective buyer, and, upon their inquiry, no similar off-street parking is available for lease within a reasonable distance of
the applicant’s property. The City does control on-street parking in the neighborhood with its Resident Parking Permit program. Tenants at 156 Derby St. are eligible to apply for
such permits.
Grounds for Relief:
Sections 3.3.2 and 9.4 of the Zoning Ordinance allow for change of an existing non-conforming use to another non-conforming use by Special Permit, where the Board finds that the change
of use is no more detrimental to the neighborhood than the existing non-conforming use. The Applicant believes that this petition meets that standard.
The applicant can no longer procure leased off-site parking within a reasonable distance for the residential tenants, in which case, that 2013 Decision requires “a mandatory appearance
before the Board for review and potential revocation of the 2013 approval”. This requirement, and the condition contained in Paragraph # 21 of the Applicant’s Purchase and Sale Agreement,
which makes the sale contingent upon the removal of this condition, are the reasons for the filing of this petition. There is every reason to believe that any other potential buyer/restaurant
operator would also require the removal of this condition, which cannot be met under today’s circumstances.
The revocation of the 2013 approval, which could result in the removal of the first-floor expansion space of the restaurant and the 3rd floor apartment, would be unreasonable in present
circumstances, and would cause grievous harm to the Applicant, loss of value of the property, and loss of tax revenue to the City, and loss of jobs at the restaurant.
The specific grounds for granting the Special Permit are:
This proposed change will not be substantially more detrimental to the neighborhood because:
The social, economic and community need for residential dwellings that are safe and up to code will be served by preserving the use of the 3rd floor as dwelling unit that has existed
for over 10 years
b. Much on-street parking is available in the neighborhood, and is controlled by the City’s establishment of “Resident-Only” parking on neighborhood streets.
All necessary municipal utilities already serve this property and are be adequate for the restaurant and dwelling unit uses.
This work should have no significant impact upon the natural environment or surface water drainage because no physical work to the structure is being proposed.
The existing structure is being retained, which is consistent in size and exterior materials with other buildings in the neighborhood, so there will be no negative impact upon the neighborhood’s
character.
The retention of the structure, including a “refreshed” interior and new and experienced restaurant operator will at least maintain, and probably will increase the property’s assessed
valuation and real estate tax payments to the City, and is likely to maintain or increase service jobs at the restaurant.