26 BRIDGE STREET - ZBA 26 Bridge St. (B-2)
Nondas Lagonakis
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DECISION ON THE PETITION OF NONDAS LAGONAKIS FOR A
VARIANCE FOR 26 BRIDGE ST. , SALEM
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A hearing on this petition was held March 27, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Luzinski
and Strout. 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 is requesting a Variance from side and rear setback requirements in
order to construct an addition in this B-2 district.
The Variance which has been requested may be granted upon a finding of the
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 structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 purposes of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing plans of the property, makes the following findings
of fact:
1 . It will improve the neighborhood;
2: Will substantially increase the tax rate;
3. Many residential and commercial abutters are in favor of this
project;
4. There was no substantial opposition;
5. The Commonwealth of Massachusetts imposed the bottle return law and
the business in question does not have the facilities to comply with
this law without the addition.
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 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which do not generally affect
other lands, buildings or structures in the same district;
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship to the .petitioner; and
/ DECISION ON THE PETITION OF NONDAS LAGONAKIS FOR
A VARIANCE FOR 26 BRIDGE ST. , SALEM
page two
3. 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.
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the petitioner
the variance requested under the following terms and conditions:
1 . Underground gas tanks must be removed or the situation must be remedied
to the satisfaction of the Salem Fire Department;
2. Parking area in front and on side of building must be hot topped
and lined;
3. Minimum of ten (10) parking spaces must be maintained on premises;
4. Storage trailer must be removed from the side of the building;
5. All work to be done in strict accordance with plans of file.
VARIANCE GRANTED
ames B. Hacker, Chairman
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD-+ANDE CITY CLERK
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APPEAL FMA THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAYS, CHAM ER 808, AND SH4LL BE FILED WHIN EO DAYS AFTER THE DATE OF FILING
OF THIS DEEC!SION 11'' THE OFFICE OF THE CITY CLERK.
PURSAN:T is Aa. CE.N-9AL LAOS, CHAPTER 8.08, SECTION 11, THE VARIANCE OR SPECIAL PERMIT
GRANTED HERD ::, SH.-,LL NIT TAt'E EFFECT UNTIL A COPY OF THE DECISION. BEARIkG THE CERT.
FICATION CF THE CI-.Y CLER;: irAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED,
OR THAT, IF SUt:H AN APPEAL HAS BEEN FILE, THAT IT HAS DEEN DIS'IISSED 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
PETITION FOR (SPECIAL PERMIT/VARIANCE) AT
26 Bridge Street
SALEM, MASSACHUSETTS
We , the undersigned , have reviewed :
1 , the Application of Nondas LaEonakis,, owner of P6 Bridge
Street ; Salem, Massachusettf- -for-a- proposed variance
to construct an addition to the existing structure,
which addition will be within the side and rear yard
setback limits : and
2 . the plan to be submitted at the scheduled hearing by
the Salem Board of Appeals on the Application; and
we support the grant of this variance by the City of Salem Board
of Appeals .
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