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Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 EXT.381
Will hold a public hearing for all
Persons interested in the petition sub.
mitted by DCM REALTY TRUST
requesting to Variance to allow rend
vations of existing Dunkin Donuts
to include a vestibule area at the
entrance having a 6 foot side yard
rather than 30 feet for the property
located at 68 BOSTON STREET BPD.
Said hearing to be held WEDNESDAY
AUGUST 15,2001 at 6:30 pan, 120
WASHINGTON STREET 3RD
FLOOR.
Nina Cohen
Chairman
(8/1,8)
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CLERK'S OFFICE
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1001 AUG 22 P 2-- 51
DECISION OF THE PETITION OF DMC REALTY TRUST REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 68 BOSTON STREET BPD
A hearing on this petition was held August 15, 2001 with the following Board Members
present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas Halides.
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.
The petitioner is requesting a Variance to allow renovations of existing Dunkin Donuts to
include a vestibule at the entrance having a 6 ft. side yard rather than 30 ft. for the
property located at 68 Boston Street located in a BPD zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
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. Attorney John Keilty, 40 Lowell St. Peabody represented the petitioner.
2. The proposed request will allow m ore efficient use of energy to heat and cool the
premises.
3. The relief requested was approved for a 10 feet side yard setback as opposed to the
30 feet side yard setback required by the Ordinance.
4. Councillor O'Leary spoke in favor of the proposed request.
5. The premises will continue to be operated within the same hours.
6. There was no opposition to the proposed request.
/a
DECISION OF THE PETITION OF DCM REALTY TRUST REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 68 BOSTON STREET BPD
page two
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
3. All construction shall be done as per the plans and dimensions submitted.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Inspection shall be obtained.
6. Exterior finishes of the new construction shall be in harmony with the existing
construction.
7. Existing hours of operation from 5:00 a.m. to midnight remains the same.
Variance Granted < 1�
August 15, 2001 /�✓ /7_ ' f�-2 c Cc
Nicholas Helides
Board of Appeal
i
DECISION OF THE PETITION DCM REALTY TRUST REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED 68 BOSTON STREET BPD
page three
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 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to
Massachusetts General Laws Chapter 40A, 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 that 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 of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
DATE OF HEARING `5�
PETITIONE C
LOCATION s __
MOTION: TO GRANT SECOND AMENDMENT SECOND
-TO DENY SECOND
TO RE-HEAR SECOND
WITHDRAW SECOND
CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINU
NINA V. COHEN
Stephen Harris
.Jim 4aek.=i
Nicholas Helides /
RICHARD DIONNE
ASSOCIATE MEMBERS
CONDITIONS:
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