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293 JEFFERSON AVENUE - BUILDING INSPECTION 293 JEFFERSON AVENUE i NO. 752 1/3 ESSELTE iso O O 0 ALEXANDER & FEMINO ATTORNEYS AT LAW ONE SCHOOL STREET BEVERLY,MASSACHUSETTS 01915 LEONARD F.FEMINO TELEPHONE(978)921-1990 THOMAS J.ALEXANDER FAX(975)921-4553 LFF@ALEXANDERFEMINO.NET September 17, 2014 Thomas St. Pierre Building Commissioner City of Salem 120 Washington Street, Floor 3 Salem, MA 01970 RE: Petition of George Papagiannes for Special Permit 293 Jefferson Avenue, Salem, MA 01970 Dear Mr. St. Pierre: This office has been asked to render an opinion on the issue of whether a finding in a zoning decision that is not later adopted as one of the conditions in that zoning decision binds the Petitioners and their Property, as to that finding. We are of the opinion that if the finding is not set forth as a condition that finding does not bind the Petitioner and the Property. In this case the Petitioners sought to obtain a Special Permit to change a use from a consignment shop to a coffee shop. During the hearing the Petitioners represented among other things, that no frying or fryolators would be on the premises and that all equipment for the preparation of food would be electric, such as ovens and grills. The . Board in granting the special permit set forth eight specific conditions,none of which limited the coffee shop to only electrical appliances. If the Board intended to limit the Petitioner's operation to only electrical appliance and exclude frying or fryolators then it must have conditioned its permit accordingly. One may infer that the Board intended to not limit cooking to electrical appliances but not making that issue a condition. The Board's decision requires the Petitioner to comply with all city and state statutes, code ordinance and regulations. If the owners so comply, the Special Permit does not restrict them as to their type of ovens. Please contact me should you have any questions. 7onard y u s. Femino LFF/gsw Enc i _ -.� -------- --- - -=- - ----- --- - -------- -- 293 JEFFERSON AV UE 407-14 GIB—#7 - 1aa COMMONWEALTH OF MASSACHUSETTS :Map - 23--- ----- '13lock: - - CITY OF SALEM i.oi: -- ---10129 -.— -- —i Category: ]]RmINOVATIONS . .....# --r07_I4— BUILDING PERMIT Project# iJS-2014-000910 Est. Cost: $59,576.00 - ,Fee Charged: 54.00 Balance Due oo_ - —_ PERMISSION IS HEREBY GRANTED TO: Const Class _ Contractor: License: Expires: ,Use Group: !GALAXY CONTRACTING INC CONSTRUCTIO SUPERVISOR-CS-08645 06/02/2015 Lot Size(sq_ ft.)_16456:0276 — Zoning 'Bl Omner: DUANES.ANDLER -- -� F '-------- : 4.Pn iic:uat: G.AT,A�YCORA ', IR ^^.'TNG INC Gt Its u� uc:.. aJnits Lost: iAT: 293 JEFFERSON AVENUE l itu Safe#- -- ---- -- -_I ISSUED ON: 19-Nov-2013 AMENDED ON: EXPIRES ON: 19-May-2014 fO PERFORM THE FOLLOWING WORK. RENOVATION OF EXISTING RESTAURANT/KITCHEN,WITH INSTALLATION OF NEW EQUIPMENT POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric - Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: i Rougnr/'y 71n Rough: Rough: OOO Foundation: Final:���rf `r�j,! Final:dA 1fimG+ f�'(],y�`�, Final: QKj,,e�Q(p /w/y Rough Frame: ffflll %%%"'���'�" Fireplace/Chimney: D.P.W. ! Fire H Ith Insulation: I Meter: Oil: y�y / I' (n v ,rj^�� Final: kiu � use M Smoke: t�IIJ �/ 6 !+ Treasury: fit�e�x-. pcrs.VIlet: Alarm: . I j LA Assessor �De.vn: Spiioid THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLA OF ANY OF TS RULES AND REGULATIONS. - Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2014-000920 19-Nov-13 1758 $654.00 IMPORTANT:OWNER OR CONTRACTOR MUST :GeoTMS@ 2013 Des Luuriers Municipal Solutions,Inc. ARRANGE FOR PERIODIC INSPECTIONS DURING CONSTRUCTION.SEE CURRENT BUILDING CODE CHAPTER 1 FOR LIST OF REQUIRED INSPECTIONS. CALL 978-619-5641 TO SCHEDULE AN INSPECTION ALEXANDER &FEMINO ATTORNEYS AT LAW ONE SCFIOOL STREET BEVERLY,MASSACHUSETTS 01915 LEONARD F.FEMINO TELEPHONE(978)921-1990 THOMAS ALEXANDER FAX(978)921-4553 LFF®ALEXANDERFEMINO.NET September 10, 2014 Thomas St. Pierre Building Commissioner City of Salem 120 Washington Street, Floor 3 Salem, MA 01970 RE: Petition of George Papagiannes for Special Permit 293 Jefferson Avenue, Salem, MA 01970 Dear Mr. St. Pierre: This office has been asked to render an opinion on the issue of whether a finding in a zoning decision that is not later adopted as one of the conditions to the granting of a Special Permit binds the Petitioners and their Property, as to that finding. We are of the opinion that if the finding is not set forth as a condition that finding does not bind the Petitioner and the Property. In this case the Petitioners sought to obtain a Special Permit to change a use from a consignment shop to a coffee shop. During the hearing the Petitioners represented among other things, that no frying or fryolators would be on the premises and that all equipment would be electric, such as ovens and grills for the preparation of food. The Board in granting the special permit set forth eight specific conditions, none of which limited its operation to only electrical appliances. If the Board intended to limit the Petitioner's operation to only electrical appliance and exclude frying or fryolators then it must have conditioned its permit accordingly. One may infer that the Board intended to not limit cooking to electrical appliances but not making that issue a condition. The Board's decision requires the Petitioner to comply with all city and state statutes, code ordinance and regulations. If the owners so comply, this Special Permit does not restrict them as to their type of ovens. EXIST. DJMPSTER r Q EXIST, EXTERIOR STAIR DN EXISTING PARKING o 4 � 11 8 m REPLAGE WINDOW " EXIST. UNI-SEX H.P. FRID 5/5 TABLE —T-5/5 TABLE $ GHE fridge below freezer below TOILET ROOM TO 48x32 48x32 n ,. REMAIN �- 11 4'-O" % Q �1 F Ex. Grease Relocate hand sink and HAND trap-Below Bay Sink INFILL WINDOW-MATCH EXIST. Z N SINK t. K �� exis MIX FINISHES f0 �a� oO H.S. p Q u n b" Bvilt m Shelves Built-i Shelves �� L WALL BELO I . rap oor o n z TAS�i : 5/5 WALL FINISH �' c SUSHI BAR m ' I. H.S. 12 I.. refer to dwg. A-4 r ,ZLu Frld e below 1 iTL 1 1 'ytI-i i.. Q �7 PROVIDE OPENING FOR EXHAUST N 1 SUSHIDISPLAY L�yJ ; �REOUIREMENT5-INFILL WINDOW r PREP� \-12' HOOD ABOVE u GASEI,ENT WINDOW INFILL DOOR-MATCH EXIST. U `" FINISHES EXISTING WALL-TYP. XIST,VE5TIBULE v We to remain 4; u u cn / 'P• yam. Z °o Floor-Equipment Plan r5 D+u�p a.� 3\ / - liC, �f � 4 EXISTING PARKING - ENTRY � " = 1i Copyright Seger Architects,Inc.2011 fr `m CITY OF SALEM MASSACHUSETTS �(j BUILDING DEPARTMENT ' -- 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THomAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER May 2, 2013 Eastern Bank Duane Sardle re: 293 Jefferson Ave Dear Sir, The property at 293 Jefferson Ave is located in the B-I (neighborhood business) zone. The building has had a number of small shops and in December of 2004 received a Special Permit to allow a coffee shop/food service Use from the Salem Zoning Board of Appeals. This use is allowed to continue with the new owner. If any additional information is required,please let me know. Sincerely, Thomas St.Pierre Building Commissioner/Director of Inspectional Services ' CITY OF SALEM9 MASSACHUSETTS + BOARD OF APPEAL CifY (� s`.L ; MA CLERI( S'@P' 1GE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 MAYOR FAX: 978-740-9846 104 DEC 28 P I: 22' DECISION OF THE PETITION OF GEORGE PAPAGIANNES REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 293 JEFFERSON AVENUE B-1 A hearing on this petition was held on December 15,2004 with the following Board Members present:Nina Cohen, Chairman, Richard Dionne,Nicholas Helides, Bonnie Belair and Edward Moriarty. 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 request a Special Permit for a Change of Use to go from a Consignment Shop to a Coffee Shop for the property located at 293 Jefferson Avenue located in a B-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8)which provide 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 strictures, and for changes,enlargement, extension or expansion, of nonconforming lots, land, strictures,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 for 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 structures 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. v DECISION OF THE PETITION OF GEORGE PAPAGIANNE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 293 JEFFERSON AVENUE B-1 page two The Board of Appeal, after careful cppsideration,aLdw.evidencs pre and after viewing the plans,makes the following findings of fact. 1. Petitioners' George Papagiannes&Michael Papagiannes,occupants of the premises and property located at 293 Jefferson Ave in a B-1, said property and premises owned by Steven Aggannis, seeks a Special Permit from the Board of Appeals for a change in use of said property and premises to go from a Consignment to a Coffee Shop,pursuant to Section 9-4 of the Salem Zoning Ordinance. 2. The existing premises contain a consignment shop with off-street parking spaces. 3. Petitioner's purpose to convert the existing structure designed for said consignment shop into an upscale coffee shop,providing flavored coffees,juices, cappuccino and sandwich wraps on a sit-down, as well as a take-out basis. 4. The Petitioners represented that they have a business background running similar upscale or specialty-type coffee shops in the Boston area, and would bring this experience and expertise to bear on the proposed change in use. 5. The building would have off-street parking for sit-down and take-out business. 6. Testimony was provided by Ward Councillor, John Pelletier,indicating that the building was constructed in the early to mid-60's by his father, and had been used in the past as an insurance agency, barber shop and a sub shop. 7. Petitioners presented a plan indicating seating for up to approximately 16 patrons, together with equipment and facilities to provide the type of food and beverage referenced in the testimony. 8. The Petitioners represented that no flying or fryolators would be on the premises, and that all equipment would be electric, including electric ovens, electric grills and an electric convection oven, for preparation of food on premises,including muffins. 9. The coffee shop would not provide a broad menu of food fare,would not be a restaurant, and would likely have hours of operation limited to 6 or perhaps 7 days a week, between the hours of 6:00 a.m. to 3:00 p.m. 10. The Petitioners represented that the operation would be done in a good and clean manner,ant that all trash would be appropriately stored on premises in a dumpster at the rear of the premises. 11. The current owner of the premises, Mr. Steven Aggannis,represented that he would be actively involved in the development of the proposed coffee shop, and would assist the Petitioners in clearly marking parking spaces, clearly making and/or creating appropriate berms between the off-street parking and Jefferson Ave., and otherwise attempt to make entry into and exist from the premises as safe and sound as possible,given the proximity of the premises to a busy Jefferson Ave „+ -1�<t L DECISION OF THE PETITION OF GEORGE PAPAGIANNES REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 293 JEFFERSON AVENUE B-1 page three 12. Councillor Pelletier was not opposed to the change in use from a consignment shop to a coffee shop,but did express concerns,which Petitioners promised to take into consideration and address and resolve, about the need for care in terms of entry to and exit from the premises abutting a very busy portion of Jefferson Avenue. 13. Councillor O'Keefe,an abutting Ward Councillor,did express concerns about additional traffic from the premises onto a busy Jefferson Ave.,which concern again was acknowledged by the property owner,Mr.Aggannis,and the Petitioners,who acknowledged that the location was a good one for a coffee shop as planned,but that care would be taken in the design of the entrance/exit way to minimize adverse traffic associated with the use of the premises,and entry to and egress from the premises onto Jefferson Avenue. 14. Under the circumstances,the Board determined that the change in use from a consignment shop to a coffee shop was permissible under the Salem Zoning Ordinance in general, and in particular,was in harmony with the purpose and intent of the Zoning Ordinance,as required under Section 94, Subsection A. 15. Under the circumstances,the Board firrther found that the use of the property and premises as changed,namely from a consignment shop to a coffee shop as described in testimony and in plans submitted with said Petition,will not depart from the intent of the Zoning Ordinance, and the property and premises prior use or degree of use, and that such building or use is neither increased in volume nor area unreasonably within the purpose and intent of the Ordinance. 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. 4. Special conditions exist which especially affect the subject property, but not the district in general. a DECISION OF THE PETITION OF GEORGE PAPAGINNES REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 293 JEFFERSON AVENUE B-1 page four On the basis of the above findings of fact, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues, code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. All construction shall be done as per the plans submitted and approved by the Building Commissioner. 5. Petitioner shall secure a dumpster on the premises. 6. Petitioner shall meet with City Councillors and Salem Police Traffic with regards in the care of entry and exit from the premises. 7. Petitioner shall obtain approval from any City Board or Commission having jurisdiction, including but not limited to the Health Department. 8. A Certificate of Inspection is to be obtained. Special Permit Granted December 15, 2004 Edward Moriarty �SC Board of Appeal t i 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 40 A, and shall be filed within 20 days after the date of filing of this decision iatLe.office Clerk. Pursuant to MUL.Chapter 40A,SectiowU,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 or record or is recorded and noted on the owner's Certificate of Title.