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LvpI Notice
I
CITY OF SALEM
BOARD OF APPEAL
745-9595 ExL 381
Will hold a public hearing for all
persons interested in the petition sub-
mitted by JIUOLITO ZEPY seeking a
Varle nce from the City of Salem Sign
Ordinance 3.45b for the property
located at 17 CANAL STREET B .
Said hearing will be held'on Wednes-
day, October 18,2006 at 6:30 P.M.,
120 Washington Street 3rd floor,
Room 313.
October 4&11,2006 Nina
Cohen,Chairman
SN— 10/4,10/11/O6
V
I 'P
oywa CITY OF SALEM, MASSACHOSETTSA E _ MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET. 3Ro FLOOR
SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9 59 5
FAX: 978-740-9846 gb DEC_-5,,A: 9.,20
KIMBERLEY DRISCOLL
MAYOR
December 4, 2006
Decision
Petition of Mario Zepaj requesting a Variance
for the property at 17 Canal Street
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on October 19, 2006 pursuant to
Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members
were present: Nina Cohen,Robin Stein, Steve Pinto, Richard Dionne, Elizabeth Debski.
The petitioner, Mario Zepaj, sought a variance from the requirements of the City of
Salem Sign Ordinance to allow the existing sign to be altered for the property located at
17 Canal Street, Salem, in the Wholesale and 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. The property at 17 Canal Street is within the B-4 zoning district.
2. The petitioner is requesting a variance to alter an existing non-confornring
sign at 17 Canal Street. Specifically petitioner undertook to alter a roof sign
by changing the wording to "Sammy's Roast Beef' from"Big Fred's Roast
Beef."
3. The petitioner received a violation letter regarding the alterations from the
Building Inspector dated August 30, 2006.
4. Ward 3 City Councilor Jean Pelletier spoke in favor of the variance.
5. No other members of the public wished to speak on this petition.
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 for a Variance to the existing nonconforming sign do
not constitute substantial detriment to the public good.
2. The requested relief does not nullify or substantially derogate from the intent
or purpose of the zoning ordinance.
3. A literal enforcement of the zoning ordinance would create a substantial
hardship to the petitioner, both financial and otherwise.
4. In permitting such change, the Board of Appeals requires certain appropriate
conditions and safeguards as noted below.
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor
- —(Cohen,-Stein,-Pinto,-Dionne,-Debski) and-none (0)-opposed,-to-grantthe-request-for a
variance, subject to the following terms, conditions, and safeguards:
I. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
2. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including, but not limited to, the Planning Board.
3. The sign shall remain at the same size as it is currently.
�02� C"(1, fig,
Nina Cohen
Salem Zoning Board of Appeals
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 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 or denied and 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.
i
,�CONbIT�.
Q ° CITY OF SALEM
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
IOnmFu.eY DRISCOLL 120 WASHINGTON S RELrr♦SAG S A,MASSACHUSE 01970
MAYOR T)F F.978-745-9595 *FAx:978-740-0404
LYNN GooNIN DUNCAN,AICP
DIR=OR
August 30,2006
Sammy's Roast Beef
17 Canal Street
Salem,Massachusetts 01970
RE: ILLEGAL SIGNAGE AT 17 CANAL STREET—SAMMY'S ROAST BEEF
To whom it may concern,
I am writing to inform you that you have erected signs at the above referenced location without receiving
the necessary permits from the City of Salem and are currently in violation. The City has not received a
Salem Sign Application not issued a Salem Sign Permit for any of your existing signage.
The Salem Sign Ordinance and Entrance Corridor Regulations require all signs to be reviewed and
approved prior to their installation. Furthermore,the signage located on the roof sign is an illegal sign and
cannot be permitted and must be removed or you can file a petition for a variance with the Zoning Board
of Appeals.
At this time,you are directed to submit the enclosed sign application and include all of the submittal
requirements for your proposed/existing signs. If a sign application is not received within 14 days receipt
of this letter,this matter will be forwarded to the Building Commissioner who will enforce the penalties
and fines under Sec 3.36& 3.29 of the Salem Sign Ordinance and 780 CMR Sec 3102.4 of the Building
State Code.
Should you have any further question about this matter I can be reach at(978) 745-9595 ext 311. I look
forward to helping you bring your signage into compliance with the Salem Sign Ordinance and Entrance
Corridor regulations.
Sincerely,
F ao ~
er/ arbor Coordinator
Cc: Thomas St. Pierre, Building Commissioner