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oy r CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
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120 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE: 978-745-9595
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
March 29, 2007 =-
Decision '
Petition of James Tsitsinos requesting a Variance
for the property at 33 Bridge Street q s
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on February 21, 2007 and continued °
to March 21, 2007 pursuant to Massachusetts General Law Ch. 40A, Sec. 11. The
following Zoning Board members were present: Nina Cohen, Richard Dionne, Annie
Harris, Elizabeth Debski and Steven Pinto.
The petitioner, James Tsitsinos sought a variance from height regulations from the Salem
Sign Ordinance for the property located at 33 Bridge Street, Salem, in the Wholesale
Automotive (B-4) zoning district.
The Board of Appeals, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the Petition submitted, makes the following
findings of fact:
1. Petitioner's property is in the Wholesale Automotive (B-4) district and is a
permitted use as a restaurant.
2. The petitioner was requesting a variance from height regulations from the Salem
Sign Ordinance to locate a sign above the roof line of the existing structure.
3. The petition was continued at the February 21, 2007 meeting to the March 21,
2007 meeting following receipt of correspondence from National Grid
requesting that the petitioner contact them to discuss locating a sign within
National Grid's easement.
4. At the March 21, 2007 meeting the petitioner presented a copy of an e-mail
from National Grid stating that the location of the sign was acceptable to them
and did not require a permit from National Grid.
5. No members of the public wished to speak on the petition at the public
hearing.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes
as
follows:
1. The petitioner's request to for a Variance does not constitute substantial
detriment to the public good as the sign will be in compliance with all other
requirements of the Salem Sign Ordinance and will not negatively impact the
public's safety.
In consideration of the above, the Salem Board of Appeals voted,
5) in favorquest for
(Cohen, Dionne, Harris,Debski, Pinto) and none (0) opposed, to grant
Variances, subject to the following terms, conditions, and safeguards:
Richard Dionne
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND TITE 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 of filing of this decision in the office of the City Clerk.
Pursuant to the 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 it has been
dismissed
iss a or of record ors is recorded
e rd ain the South nd noted on the ex Regi try of Dee s Title.indexed under the name of
/
CITY OR SALEM. MASSACHUSETTS
j BOARD OF APPIAL CI i Y OF SALEM, MA
120 WASHINGTON STti[[T. 3A0 FLoost CLERK'S OFFICE
SALIN, MASSACHU$WnS 01970
TULSPHONas 970-74s.9096
FAtit 976-710.99441001:JAN 30 A 9: 42
TO THE BOARD OF APPEAL:
The Undersigned rep�nt that he/she is/arc the owners of a certain parcel of land located at.
,�: 2" e s r-
and
:Zoning District: /
and Said parcel is affected by Section(s) of the Salem Zoning Ordinance.
Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with
Section IX A.I of the Zoning Ordinance.
The Application for Permit was denied by the I pector of Buildings for the following reason(s):
/�:1164.5 e —S C� /.j x 4 7 �e 77e 2
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance
and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-
Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be
granted without substantially derogating from the intent and purpose of the Zoning Ordinance for the
following reason(s):
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� � ,� v.ac-i,a�� �'�o,•-. flee i,�;gt, f +.�.I:.i,,T;c -„
(PLEASE PRINT)
Owner: :SJ'L °STs ' fs i Petitioner:
Address: J' /�/z;4 Sf Address:
Telephone: L Z Telephone:
By:
(Sig e) '
Date: f - Z�-a 7
This original application must be filed with the City Clerk. A certified copy of this petition will be returned
to petitioner at the time of filing with the City Clerk, to then be filed with the Secretary of the Board of
Appeal, four(4) weeks prior to the meeting of the Board of Appeal.
A TRUE
ATTEST
Fu I :nd b i Nnr Lou1
Y0. 49i9 all—
1d30 MOTH
CITY CLERK
s
pONDlTq.gOJ CITY OF SALEM9 MASSACHUSETTS ` 111 d
PUBLIC PROPERTY DEPARTMENT C11 Y OF Q A LLl I. P1A
n n' 120 WASHINGTON STREET, 3RD FLOOR . CLr RK( S OFFICE
SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595 EXT. 380
gpoN FAX: 978-740-9846
KIMBERLEY DRISCOLL _;ZQDi� JAN 3,'0 41
MAYOR
November 13, 2006
James Tsitsmos
33 Bridge Street
Salem, Massachusetts 01970
RE: Denial of Sign Permit-33 Bridge Street—Kalamari's Seafood
Dear Mr. Tsitsinos:
I regret to inform you that this department has denied the sign application that you
submitted for review on November 7, 2006 to erect a sign for the above referenced
property. The Salem Sign Ordinance in g3-45 ON-PREMISE SIGNS IN NON-RESIDENTL-�,L
DISTIRCTS allows a sign attached parallel to a building, "provided that the top of such sign is
no higher than whichever of the following is lowest: (1) twenty-Five feet above grade; (2) the
top of the sills of the first level of windows above the first story; or (3) die height of the
building at the building line."
Pursuant �3-45, a sign attached parallel to the building must be no higher than the height of
dne building line. Because your sign is higher than the building line, we cannot issue a Sign
Permit at this time.
Should you want to appeal this decision, you must file for a variance with the Zoning Board
of Appeals.
Sincerely,
Thomas St. Pierre
Building Commissioner
Cc: Frank Taormina, Planner/Harbor Coordinator
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