31 BRIDGE STREET - ZBA 31 Bridge St. B-4 t
Nondas Lagonaki (owner)
/ \ Arthur Sngemi (Petitioner)
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DECISION ON THE PETITION OF ARTHUR INGEMI (PETITIONER) NONDAS
LAGONAKIS (OWNER) FOR A VARIANCE AT 31 BRIDGE ST. (B-4) '
A hearing on this petition was held June 6, 1990 with the following Board
Members present: Richard Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary; Richard Febonio 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.
The petitioner is requesting a Variance to allow an Authentic Sports Pub which
will serve alcoholic beverage in this B-4 zone. The property is owner by
Nondas Lagonakis.
The Variance which has 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 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.
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 . That the petitioner owns and operates the Bridgeside Restaurant which is
on the adjacent lot to the proposed pub and is a business in good standing
with the City.
2. That the Bridgeside Restaurant serves alcoholic beverages and is zpned
for such use, but the proposed Publ falls into a different zoning district.
3. That a neighborhood meeting was held under the direction of Councillor
Harvey on June 5, 1990, and that the neighbors were in support of the
petition.
4. That a representative of the neighbors, who also is a direct abutter of
the Bridgeside Restaurant, appeared before the Board and stood in
support of the petition.
5. That there was no opposition to the petition.
6. That strict enforcement of the Zoning Ordinance would create a particular
and substantial hardship to the petitioner.
DECISION ON THE PETITION OF ARTHUR INGEMI (PETITIONER) , NONDAS LAGONAKIS
(OWNER) FOR A VARIANCE AT 31 BRIDGE ST. , SALEM
page two
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 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 unanimously, 5-0, to allow the
Variance requested, subject to the following conditions:
1 . All construction be as per city and state building codes.
2. All construction be as per plans and dimensions submitted.
3. A Building Permit be obtained from the City of Salem Building Inspector.
4. A Certificate of Occupancy be obtained.
5. All requirements of the Fire Dept. relative to smoke and fire safety
be strictly adhered to.
6. Dumpster presently located behind the Bridgeside Restaurant be moved to
the adjacent and maintained as per the plans submitted.
7. Landscaping is to be maintained as per the plans submitted.
8. Signage is to be approved by the City Planner and comply with the
City of Salem Sign Ordinance.
9. Petitioner obtain approval of the City of Salem Licensing Board.
GRANTED (jot)
91
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
o Appeal from this decision, if any, shall be made pursuant to Section 17 Of
In - the Mass. General Laws, Chapter 8o8, and shall be filed within 20 days
after the date of fdin3 or this decision in the office of the City Clerk.
Pursuant to Mass. General La^;s, Ch.,i:or 308, Section 11, the Variance
N or �bpecial Permit €ran!e.: h:.an :::,:I iot take effect unttl a copy of the
decision, bearmg the cr1+ca:co of :he City Clerk that 20 days have
i.. elapsed and no appeal has been bled, or that, if such appeal has beerf
filed, that it has been disrlsse,i or denied is recorded In the South Essex
Registry of Deeds and indexed under the name or the owner of record w
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPFJU!
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