44 JEFFERSON AVENUE - BUILDING JACKET � 4v � ri � �
CITY OF SALEM, MASSACHUSETTS
r>iii BUILDING DEPARTMENT
120 WASHINGTON STREET,3m FLOOR
TEL. (978) 745-9595
KIMBERLEY DRISCOLL FAX(978) 740-9846
MAYOR THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMNIISSIONER
October 9, 2012
Augusto P. Daclmha
8 Jills Way
Peabody Ma. 01960
R : 44 Jefferson Avenue
City Ordinance Violation
Dear Owner,
It has been brought to our attention that workmen have begun clearing the land adjacent to your building for the
purpose of constructing a larger parking lot.Please be advised that you are in violation of at least two City
Ordinances .
The first Ordinance is 38-286, Which requires a property owner to obtain a drainage alteration permit from the
City Engineer before altering the land by more than two feet. The second is Salem Zoning Ordinance 5.1.10
which requires City Engineer approvals on any parking area that handles 10 cars or more,
The last approval you will need is Zoning approval from this Department.
You are directed to cease all work until required approvals are obtained. You are further directed to contact the
City of Salem Engineering Department to discuss this matter.
Sinc ely,
Thomas St.Pierre
Building Commissioner/Zoning Officer
cc. Jason Silva, Dave Knowlton
ti
CERtIfIC�TE Pefmc N' I�
issued.
U1 TAci of Salem Buildin De t.
CITY OF SALEM
3 SALEM, MASSACHUSETTS 01
< ,, o G�
9 PERMIT NO.—
'fj9T4=__=cr P7 �9�ENU (CONTR'S IIGENSE)
�Ad'CIMIryE�� DATE L-1F pDR SSE (NO1 (STREET) '�7 B"'J3j.�G�'37 _
TEL.NO.
STATE CODE 0156- 1
APPLICANT NUMBER OF
DWELLING UNITS—
F'EA80DY RESTAURANT zor wG
CITY ) STORY IPROPDSED USEI DISTRICT—
TIUN ( NO
PERMIT TO ALTERAOF IMPPOVEMENT)
sEFFE.RSC% VE U
02144 AND (GROSS STPEET)
- AT(LOCATION) (NO1 ISTPEETI
LOT 0082388_
SIZE—
(GRD55 STREET) BLOCK�— NSTRUCTION
IT MAF, �-J LOT �� SHALL
CONFORM IN CO
FT.IN HEIGHT AND SH
1' SUBDIVISION FT.LONG BY-- C
i FT.WIDE By ITYPEI
BUILDING IS:RBEI-40DEL-
E�—
BASEMENT WALLS OR FOUNDATION
USEGROUP-- . S.
j F'LFdNS S BMI TED.
TO TYPE-- ITER PERMIT 1;_5. 0S
RESTAURAN 20 000 FEE $��—
REMARKS'. $ }
ESTIMATED COST W ,
AREA OR BUILDING DEPT. .f f S
VOLUME �E�03
BIDISOUAPE FEET) BY
OWNER
ADDRESS
x
53
CITI r 5S
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peal
DECISION ON THE PETITION_OF AUGUSTQ_DACUNHA__FOR
A SPECIAL PERMIT ATg, 44-46 JEFFERSON AVE. (101 )
A hearing on this petition was held May 15, 1991 with the following Board Members
present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward
Luzinski and Mary Jane Stirgwolt. 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, owner of the property, is requesting a Special Permit to allow the
a Coffee Shop/Restaurant in this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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 VIII F and IX D, grant Special Permits for alterations and reconstruction
of nonconforming structures, and for changes, enlargement, extension or expansion
of nonconforming lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or 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.
The Board of Appeal, after careful consideration of the evidence presented at
the hearing, and after viewing the plans, makes the following findings of fact:
1 . The property, over the years, has been used as a Cafe/Deli and Fruit Market.
2. There was no opposition.
3. Mr. John Boris, Chairman of the Salem Licensing Board and Member of the
Chamber of Commerce spoke in favor.
4. The granting of the petition would enhance the business base in the
City of Salem.
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 . The granting of the Special Permit would be in harmony with the district and
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.
r DECISION ON THE PETITION OF AUGUSTO DACUNHA FOR A SPECIAL PERMIT
AT 44-46 JEFFERSON AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All renovations be in compliance with all City and State Building Codes.
2. All work be done as per plans and dimensions submitted except the parking
plan which shall be amended to prevent the backing out on to Jefferson Ave.
3. A legal building permit is to be obtained.
4. A Certificate of Occupancy be obtained.
5. All requirements of the Salem Fire Department relative to•smoke and
fire safety be strictly adhered to.
6. Required parking be maintained at all times.
7. All signage shall be in compliance with the City of Salem Sign Ordinance
Special Permit Granted
May 15, 1991
ichard Febonio, Member, Board of Appeal
a' A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
71
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Appeal from this decision, If any, shall be made pursuant to Section 17 tR
the Mass. General Laws, Chapter 808, and shall be filed within 20 days
v
U. after the date of filing of this decision in the office of the City Clerk,
-- i—� Pursuant to Mass. General Laws, Chapter 808, Section 11, the variance
a
S or 9-e:ial Permit granted hcrem shall not take effect until a copy of the
decision, bearin3 the certification of the City Clerk that 20 days have
elapsed ane. no apeal 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 or the owner of record or
Is recorded and noted On the owner's Certificate of Title.
BOARD OF APPFAU