29 BRIDGE STREET - ZBA ARTHUR INGEMI (B-2) 4
29 BRIDGE STREET
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DECISION OF THE PETITION OF ARTHUR INGEMI FOR A MODIFICATION
FOR A VARIANCE FOR THE PROPERTY LOCATED AT 29 BRIDGE STREET (B-2)
A hearing on this petition was held May 17, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, ,
Nina Cohen and Arthur LaBrecque. 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 4OA.
Petitioner seeks modifications of two conditions upon which the Board
granted a Variance in its decision dated October 1994.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner appeared before the Board in October of 1994 for a hearing
in his request for a Variance which is the subject of the within
petition.
2. Because of unexpected economics since the time of the original
petition, the petitioner has been required to scale down the site of
the original project.
3. The scaled down construction alleviates a second floor function room
and tower which had been shown in the original plans.
4. The neighborhood concerns raised at the original hearing in October of
1994 were being addressed in the construction plans.
5. Kevin Harvey, Ward 2 Councillor spoke in favor of the petition.
6. David Dailey, 6 Waite St. spoke in favor of the petition as long as the
neighborhood concerns raised in October of 1994 were addressed and
protected by conditions imposed by the Board.
7. Joanne Bezzati, a neighbor of the project spoke in favor of the
petition.
DECISION OF THE PETITION OF ARTHUR INGEMI FOR THE
MODIFICATION OF THE VARIANCE FOR THE PROPERTY LOCATED
AT 29 BRIDGE STREET (B-2)
page two
8. The Petitioner, Arthur Ingemi indicated he was still willing to
address the neighborhood concerns raised in Octdb}grlof lfl9q�.AN g 5
9. There was no opposition to the petition. CUp1 ;;i =1. 4ASa
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10. Based on the Board's finding's the requested modifications were
reasonable and do not substantially impact the previously granted
variance.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. The request relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested relief, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes 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. Construction to be per plans and specs dated May 12, 1995, and drawn
by Jaquith & Siemasko, Inc.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Although no longer subject to site plan review, Petitioner shall
notify the City Planner in writing of the changes to the construction
plans inviting his comments and suggestions.
9. The existing corral on the east side of the building must be
satisfactorily be repaired or replaced.
10. Fourteen ( 14) additional parking spaces must be leased from the
MODIFICATION OF THE VARIANCE FOR THE PROPERTY LOCATED
AT 29 BRIDGE STREET (B-2)
f page three
owner(s) of 38 Bridge Street, Salem (5 years minimum lease required)
11. Twenty-four (24) additional spaces must be leased from the owner(s)
of property known as Lot 233, located at the corners of Waite and
Ferry Streets, Salem, Mass. (5 year minimum lease is required) .
12. The kitchen exhaust will be redesigned to emit fumes above abutters
properties and also eliminate airborne particle currently emitted from
the kitchen exhaust.
13. Current allowable patron occupancy will not be increased.
Variance Granted (JI n
May 17, 1995
Gary Barrett, Member
Board of Appeal
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 certification of the City Clerk that 20
days have elapsed and no appeal 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 of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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DECISION ON THE PETITION OF ARTHUR INGEMI FOR
FOR A VARIANCE AT 29 BRIDGE STREET (B-2) "
- -a
A hearing on this petition was held September 21, 1994 with the f6AIbwiHw
Board Members present: Stephen Touchette, Chairman; Gary Barrett, #ep!gn
O'Grady, Nina Cohen and Albert Hill. 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, are requesting a Variance from front &
side setbacks, lot coverage and parking to allow construction of an
addition at 29 Bridge Street. This is in a B -2 Zone.
The Variances which have been requested may be granted upon a finding by
this Board that:
1. 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 involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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. Mr. Dennis Dailey, 6 Waite Street, spoke in favor with exceptions:
a. Present allowable patron occupancy will not increase.
b. Only residential parking on Waite Street be allowed.
c. Enclosure for the restaurant's outside cooler.
d. Rear exterior of building to be painted.
e. Corral shall be repaired.
f. Kitchen exhaust shall be redesigned to substantially reduce
airborne particle and exhaust fumes.
g. Insert a barrier across the southern end of ,Waite Street to
make it a dead end street.
2. Ward 2 Councillor Kevin Harvey spoke in favor of the petition.
3. Mr. Francis Bates, 4 Waite Stred't spoke in favor with the exception
that parking was a major concern to him.
4. Mr. Michael O'Brien, insurance broker for the petitioner, spoke in
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DECISION ON THE PETITION OF ARTHUR INGEMI co>
FOR VARIANCES AT 29 BRIDGE STREET, SALEM
4
page two
�a s
favor of the petition only that the building was an insurable piece cn
of property.
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5. Ms. Evelyn Palardy, 25 Bridge Street spoke and presented a petition
in opposition to granting a Variance to the Petitioner.
6. Ms. Sue Murphy spoke in opposition to granting the Variance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, 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. Exterior finishes of the new construction shall be in harmony with the
existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. A satisfactory site plan review and special permit issued by the
Salem Planning Board is required, since this building resides
within the entrance corridor to the city.
9. The existing corral on the east side of the building must be
satisfactorily be repaired or replaced.
10. Fourteen (14) additional parking spaces must be leased from the
owner(s) of 38 Bridge Street, Salem. (5 year minimum lease required)
11. Twenty-four (24) additional must be leased from the owner(s) of
property known as Lot Number 233, located at the corners of Waite
and Ferry Streets, Salem, Mass. (5 year minimum lease is required) .
12. The kitchen exhaust will be redesigned to emit fumes above abutters
properties and also eliminate airborne particle currently emitted
from the kitchen exhaust.
13. Current allowable patron occupancy will not be increased.
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DECISION OF THE PETITION OF ARTHUR INGEMI FOR A
VARIANCES AT 29 BRIDGE STREET, SALEM
page three �' W
Variances Granted > a
September 21, 1994 n L
Albert C. Hill, Member
Board of Appeal
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 certification of the City Clerk that 20
days have elapsed and no appeal 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 of the owner of record
or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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MEm,MA 01970
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To whom it my concern,
I'm writing this letter regarding the proposed changes to be made to the Bridge Side
Restaurant.
First let me introduce myself. My name is Daniel J. Ewing, I'm the owner of New Bridge
Auto Body Inc. located at 36 Bridge St. Salem, Massachusetts. I feel the changes Mr. Ingemi is
planning on making will be an asset to his location as well as the neighborhood.
If I can be of any further assistance, please do not hesitate contacting me at 744-9991.
Sincerely,
Daniel J. E
s
o�yfee
,ry COFFEE TIME BAKE SHOP, INC.
96 BRIDGE STREET
SALEM, MA 01970
Tl (508) 744-0995
May 16 , 1995
Planning Board of Appeals
I am writing in support of Arthur Ingemi ' s Bridgeside
Restaurant .
As you know, there are ' still many run down or unoccupied
properties on Bridge Street .
Much like myself, Mr. Ingemi operates an owner-occupied
small business with a long term view of the area .
I respectfully ask that the Board consider his appeal in
a favorable light .
Robert Liani , Jr ,
P esident