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284 CANAL STREET - ZBA 6LIV U � ' UcLrk � OONDITq. 0 CITY OF SALEM MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR �Gi 1 f O SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 7 p KIMBERLEY DRISCOLL 1009 SEP 30 A -8: 08 MAYOR FILE # CITY CLER , SP�LEM, Cat°� September 28,2009 Decision City of Salem Zoning Board of Appeals Petition of JOHN BERTINI, TRUSTEE,JAB TRUST, seeking a Variance from minimum front yard setback, and a Special Permit for the extension of a non- confomning structure, to allow for an addition onto the restaurant on the property at 284 CANAL STREET, Salem,MA, in the Business Highway Zoning District(B2). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §64, Table II: Business and Industrial Density Regulations (recodified on September 10,2009 as 54.1.1: Table of Dimensional Requirements). Petitioner also seeks a Special Permit pursuant to §5-30), Extension of Nonconformity(recodified on September 10, 2009 as §3.3.3,Nonconforming Structures). Statements of fact 1. Attorney George Atkins represented the petitioner,John Bertini,who was also present at the meeting. 2. In a petition dated August 27, 2009,the petitioner requested a Variance and a Special Permit to construct an addition to the front of the existing nonconforming building. 3. A public hearing on the above mentioned Petition was opened on September 16, 2009,pursuant to Mass General Law Ch. 40A, §11. The pubic hearing was closed on September 16, 2009,with the following Zoning Board of Appeals members present: Rick Dionne (chairing the meeting),Annie Harris,Beth Debski,Bonnie Belair (alternate), and Jimmy Tsitsinos (alternate). 4. At the hearing,two residents spoke in support of the petition,emphasizing the importance of supporting the improvement of a longtime Salem business. Supporters included At-Large Councillor Thomas Furey,77 Linden Street. No one spoke in opposition to the petition. 5. Members of the Board of Appeals commented that the project,which would involve eliminating parking from the front of the building,would increase safety for pedestrians and patrons. 6. In a statement submitted with the application,the petitioner stated that due to the existing floor plan of the restaurant facilities and the need to maintain sufficient 2 parking,enforcement of the front setback provision of the Zoning Ordinance would involve substantial hardship. At its meeting on September 16, 2009,the Board of Appeals voted five (5) in favor and none (0) opposed to grant a Variance under§6-4, Table II:Business and Industrial Density Regulations (recodified on September 10, 2009 as §4.1.1: Table of Dimensional Requirements), and a Special Permit under$5-30),Extension of Nonconformity(recodified on September 10,2009 as §3.3.3,Nonconforming Structures). The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building,which do not generally affect other land or buildings in the same district;the petitioner made the argument that the layout of the building was such that necessary expansion could only be reasonably done by encroaching on the front setback, and the Board concurred. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance,as the proposed changes would benefit public safety and improve a neighborhood restaurant. 3. The applicant mayvarythe terms of the Business Highway District to construct the proposed addition,which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 4. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to,the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. To allow for an addition onto the restaurant on the properly at 284 Canal Street,the requested Variance from dimensional requirements for the Business Highway zone is granted, and the requested Special Permit to extend a nonconforming structure is granted. In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Dionne, Belair, Harris,Debski and Tsitsinos) and none (0) opposed,to grant petitioner's requests for a Variance and a Special Perot subject to the following terms,conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. 3 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 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 Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. .t9,4. v,�... �B>tit Richard Dionne 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 has been filed with the Essex South Registry of Deeds. P7 PNED RONAN, SEGAL & HARRINGTON JUL 0 6 2010 ATTORNEYSATLAW CEPT. OF P­: ANIN' .i l: COMMUNITY DEVELOPMENT FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 JACOBS.SEGAL MARY PIEMONTE HARRINGTON GEORGE W.ATKINS, III GREGORY R.RICHARD TEL(978)744-0350 FAX(978)744-7493 FILE NO.B-888-17 OF COUNSEL JOHN H.RONAN MICHAEL J.ESCHELBACHER July 6, 2010 HAND DELIVERED Zoning Board of Appeals City of Salem 120 Washington Street, 3' Floor Salem, MA 01970 ATTN: Thomas Devine RE: Variance & Special Permit 284 Canal Street, Salem, MA Dear Mr. Devine: In accordance with Massachusetts General Laws Chapter 40A Section 10, John Bertini, Trustee of JAB Trust hereby requests a six month extension of its right to exercise the Variance/Special Permit Decision dated September 28, 2009. For your convenience, a copy of the Decision is included herewith. Please see to assignment of this matter to the Board's agenda for the meeting of July 21, 2010 ery truly your , ge W. Atkins, III GWA/dap Enclosure y o o1r CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR / SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 uo� FAX: 978-740-9846 KIMBERLEY DRISCOLL 700q SEP 30 A 8: 08 MAYOR FILL• 0 C11'Y CLERK, SALEM,MASS. September 28,2009 III I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Decision 2009110200462 Bk;29039 PgA67 11/02/2009 12eSS VAR P9 1/3 City of Salem Zoning Board of Appeals Petition of JOHN BERTINI,TRUSTEE,JAB TRUST,seeking a Variance from minimum front yard setback,and a Special Permit for the extension of a non- conforming structure,to allow for an addition onto the restaurant on the property at 284 CANAL STREET, Salem,MA,in the Business Highway Zoning District(B2). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §6-4,Table II:Business and Industrial Density Regulations (recodified on September 10,2009 as §4.1.1:Table of Dimensional Requirements). Petitioner also seeks a Special Permit pursuant to 55-30), Extension of Nonconformity(recodified on September 10,2009 as 53.3.3,Nonconforming Structures). Statements of fact: 1. Attorney George Atkins represented the petitioner,John Bertin,who was also present at the meeting. 2. In a petition dated August 27,2009,the petitioner requested a Variance and a Special Peinit to construct an addition to the front of the existing nonconforming building. 3. A public hearing on the above mentioned Petition was opened on September 16, 2009,pursuant to Mass General Law Ch. 40A,§11. The pubic hearing was closed on September 16,2009,with the following Zoning Board of Appeals members present: Rick Dionne (chairing the meeting),Annie Harris,Beth Debski,Bonne Belair (alternate),and Jimmy Tsitsinos (alternate). 4. At the hearing,two residents spoke in support of the petition,emphasizing the importance of supporting the improvement of a longtime Salem business. Supporters included At-Large Councillor Thomas Furey,77 Linden Street. No one spoke in opposition to the petition. 5. Members of the Board of Appeals commented that the project,which would involve eliminating parking from the front of the building,would increase safety for pedestrians and patrons. 6. In a statement submitted with the application,the petitioner stated that due to the existing floor plan of the restaurant facilities and the need to maintain sufficient 2 parking,enforcement of the front setback provision of the Zoning Ordinance would involve substantial hardship. At its meeting on September 16,2009,the Board of Appeals voted five (5) in favor and none (0) opposed to grant a Variance under§6-4,Table II:Business and Industrial Density Regulations recodified on September 10 2009 as 4.1.1: Table of Dimensional 8u ( P � § Requirements),and a Special Permit under§5-30),Extension of Nonconformity(recodified on September 10,2009 as §3.3.3,Nonconforming Structures). The Board of Appeal,after careful consideration of the evidence presented at the public hearing,and after thorough review of the plans and petition submitted,makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building,which do not generallyaffect other land or buildings in the same district;the petitioner made the argument that the layout of the building was such that necessary expansion could only be reasonablydone by encroaching on the front setback,and the Board concurred. 2. Desirable relief maybe granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance,as the proposed changes would benefit public safety and improve a neighborhood restaurant. 3. The applicant mayvarythe terms of the Business Highway District to construct the proposed addition,which is consistent with the intent and purpose of the Cary of Salem Zoning Ordinance. 4. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including,but not limited to,the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. To allow for an addition onto the restaurant on the property at 284 Canal Street,the requested Variance from dimensional requirements for the Business Highway zone is granted,and the requested Special Permit to extend a nonconforming structure is granted. In consideration of the above,the Salem Board of Appeals voted,five (5) in favor(Dionne, Belair,Harris,Debski and Tsitsinos) and none (0) opposed,to grant petitioner's requests for a Variance and a Special Permit subject to the following terms,conditions,and safeguards: 1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations. 3 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 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 Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. Richard Dionne Salem Zoning Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE QTY 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 has been filed with the Essex South Registry of Deeds. Date OCT 3 0 2003 1 hereby certify that 20 days have expired from the date this instrument was received, and that NO APPEAL has been filed in this office. /1 A True Cop Q ATTEST:_CITY LERK, Salem, Mass. l ZONING BOARD OF APPEAL PETITION FORM � .;Owl! CITY OF SALEM,MASSACHUSETTS � ZONING BOARD OF APPEAL 120 WASHINGTON STEET,3RD FLOOR ti �' SALEM,MASSACHUSETTS 01970 .,.p917 v Amy Lash,Staff Planner Thomas St.Pierce,Building Inspector «:r , J er1IN6{Y?,i t.978-619-5685/f.978-740-0404 t.978-619-5641/f.978-740-9846 ;*.,.. 3:11 t-n TO THE BOARD OF APPEAL: , The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: LJ Address: 284 Canal Street Zoning District: B-2 An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build, the dimensions, the zone property is in,and the zoning requirements. Example I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet. The current depth of my rear yard is 32 feet;the proposed addition would reduce the depth ofthe rear yard to 22 feet. Petitioner is requesting a Variance and a Special Permit to construct an addition to the front of the existing non—conforming building. The existing non—conforming front yard depth will be reduced to zero front yard depth by the proposed addition. For this reason I am requesting: Tabiq II (>)Variance(s)from provisions of Section 6-21 of the Zoning Ordinance,specifically from minimum 'front yard (i.e. minimum depth of rearyard). What is allowed is 30 feet (ft?sgft?stories? %?), and what I am proposing is 0 feet (Jt?sqfl?stories? %?). (-9 A Special Permit under Section 5-3(l bf the Zoning Ordinance in order to allow an extension of a non—conforming structure ( )Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan? (example: Two Family Home) Restaurant (X)Yes O No n/a because 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. ZONING BOARD OF APPEAL PETITION FORM The following written statement has been submitted with this application: ( For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;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 purpose of the ordinance. (X)For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V, § 5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and 0 Potential fiscal impact,including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. John A. Bertini, Trustee If different than petitioner: Petitioner: JAB Trust Property Owner: Address: 284 Canal Street Address: Salem, MA 01970 Telephone: Telephone: Signature Signature(Attached consent letter is also acceptable) Date Date If different than petitioner: A TRUE Representative: George W. Atkins ATTEST Address: 59 Federal Street, Salem, MA 01970 T one: (978 ,4-0350 r re August 27, 2009 Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application must be filed with the City Clerk STATEMENT A. Variance The existing single story restaurant structure used for Bertini's Restaurant is sited on an irregularly shaped parcel and does not conform to the front and side setback dimensional requirements of Table II. In all other respects, the structure and the use comply with the Zoning Ordinance. The addition being requested is for the location of new customer bathroom facilities and no increase in seating or employees will result. Current seating is for 170 customers, and the maximum number of employees on site at any time is 20. The Zoning Ordinance requires a total of 53 parking spaces and the site plan provides for a total of 56 spaces. The location of the addition is required due to the existing floor plan of the restaurant facilities and the maintenance of sufficient parking, so that enforcement of the Ordinance front setback provision would involve substantial hardship. The proposed addition will eliminate parking in the front of the structure, improving safety for the public, and thus relief may be granted without substantial detriment to the public good. B. Special Permit Bertini's Restaurant has been located on this site for 58 years and is a community institution serving social, economic, and community needs. The proposed addition will improve traffic safety since parking in the front of the building, and the consequent backing of cars into Canal Street, will be eliminated, and there remain sufficient parking spaces. The addition will also allow for removal of an existing free- standing sign in front of the restaurant to be replaced by signage on the addition. Utilities, the natural environment, and neighborhood character will be maintained, as well as the taxes and employment generated by the restaurant. Thus, the proposed addition will not be substantially more detrimental than the existing non-conforming structure. j r9 -91 131 141 151 161 t7 I 18A I I I p `F !r I 45 Londonberry Turnpike • Route 28 Bypass 45 Londonberry Turnpike • Route 28 Bypass • P.O. Box 16328 • Hooksett, NH 03106-6328 • P.O. Box 16328 • Hooksett, NH 03106-6328 SIGNATURE PRESS & BLU,EPRINTING = (603) 624-4025 • Fax (603) 641-2995 SIGNATURE PRESS & BLUEPRINTING = (603) 624-4025 • Fax (603) 641-2995 P 1 /2 mile north off Route 101 exit 1 1/2 mile north off Route 101 exit 1 info@signaturenh.com www.signature nh.com info@signaturenh.com www.signaturenh.com i i No. REvlslox i i J* i 1 Z SAO 0 4MTVF < � � s I 4f - � LOT 13-18F ' o Jf ❑ ❑ ❑ .J o v Lu T � � Z ooC,4 � awMoW 0 = Lu x � � Ozn O 6' 12' 20' nto N V r0 � SGAL6 I" 20'-0" Lu L o W Q m ❑ ❑ ❑ AREAS LOT 15-18 81A58 SF ry �Q LOT Iq-20 8,923 SF �- TOTAL 40,961 Sr- zz BUILDIN6 AREA 4,604 SF Q� ,<N {- t- m COVERASE 115 % o PARKING: AREA OF HSPACES 55 G AGGE591HLE 9 SPACES TO REMAIN PARKING �O \O lu TOTAL 56 CD < < z X- TP . PARKING SPACE LOT Ia-2O , Z < CII-00 X W-0 ea�3 51= w v fru < �k � i LQ O N tIl EXISTING BUILDING a �� EXISTING BUILDING N BERTH RESTAURANT d .r "PLAN OF LAND LOCATED IN SALEM E MASS. ' - EASTERN LAND SURVEY ASSOCIATES, INC. LOCATED 104 LOYVELL STREET EXIST NG PARKING SPACES cfld EXISTING PARKING SPACES PEABODY, MASS OIg60 TO RECONFIGURED TO I TO HE RECONFIGURED TO SIGN BY. MMODATE HG PARKING " U ACCOMMODATE HG PARKING CHRISTOPHER R. MELLO PLS 9191'1 {�--------- z DATE: 91, 200q i= ?g REFERANCESNGES, BK 8'720 P6 485 Z ' 1 15TING PARKING �a AGE TO REMAIN ve L-9825- o SIDE WALK W ExI5T. UTILITY ~ POLE 4 � ON qq.7 CANAL STREET ED AR m P-, m - "C 45 O ON A y�� '9U110 Mas DATEe 24 AUG 2000 SITE FLAN SCALE, I"= 20'-0" NO. REVISION NEW GONSTR Ex NEW ROOF RIDGE TO LINE UP WITH VE5TIBULE v EXISTING RIDGE NEW ROOF 5HIN6LE5 TO MATCH EXISTING ROOF RIDGE 2 12 MATCH EXIST 4 +/- 12 I ROOF EAVE MATCH EXI5T j N V NEW COVERED ENTRY + v NEW VESTIBULE AT LEFT SIDEm ENTRANCE. 1 _. RAMP-SEE PLAN------- STEEL AND WOOD - - - - - - - - - - - - - - - - - - - - EXIST. FLOOR ,k ELEV. 0'-0" RAILING NEW RAMP AT MAIN O Q ENTRANCE, SEE N -HK<,O FRONT ELEVATION f�2 SCALE, 3/Ib• - 1 1-0• 1 EXI5TING NEW GON5TR ~ RESTROOM5 ' NOTE AREA OF SI&NA6E 5/8" MDO PLYWOOD MATCH EXISTING ROOF MAX. 50 SOFT, WORD FINISH AND HE16HT DE516N WITH OWNER M I2 PROVIDE LIGHT OVER 516N J o a � a 12 4 +/- WIU o M N EXIST. FLOOR ? Q LU .� Owo NEW ADDITION W 2 , WITH CLAPBOARD Q � IL x COLOR A EXTERIOR FINISH � Q ® + LL AREA OF SIGN NEW RAMP AND m U 2 2 STAIR AT L EELEVATIONEFT � w 2 w o _ Q ~ ° cam COLOR •B• nnUII n Ir to COLOR "G" - - - - - - -- - - - - - - - - - - - - - - - - - - - - EXL / Wm Q � m ■M. Vi RAMP - - - - - - - -E- - - - -I - - - I VERIFYEXAGTGRA DEGLLAPOARDSIDIN6 IF r RECESSED NTNEW RAMP AT MAINLEFT ELEVATION ENTRANCE COORDINATE IN FIELD, Se �2 SCALE: 5/I6" a P-O" ]� 2 � NEW GONSTR EXISTING 1- RESTROOM5 j NOTE AREA OF SIGNAGE < lL X 5/8" MDO PLYWOOD `l MAX 50 SOFT, cooRr DESIGN WITH OWNER w M< 12 < <r MATCH EXISTING ROOF 4 +/- ., z .L FINISH AND HEIGHT T.O. ROOF z D F- LLI W � z d � PROVIDE LIGHT OVER 516N Lu K NEW ADDITION + O N WITH CLAPBOARD AREA OF 516N ® da EXTERIOR FINISH IX8 PVC HORIZONTAL TRIM BOARD GRADE SLOPES AWAY FROM E51.1I1-DIN6 EXIST. FLOOR FINISH FL. - - - - - - - - - - - - - — ELEV. 0--0-- - - - - - - - - - - - - - - - - - - - - - - - ELEV. ------- Z - - - - - - - - - - - ----- -� VERIFY EXACT GRADE I IN FIELD I I O ui RAILING-SEE r J r J z DL - - - - - - - - - - - - - - - - - - - - - - } O o RIGHT ELEVATION < 2 SCALE, 118' = P-O" ® L1 W O w EXISTING NEW GON5'm p/ VE5TIBUI.E i --- - - - LIJ ROOF RIDSEx ED 12 B to N ROOF EAVE MATCH EXIST p _ ��AEDAR�y ❑ m allo. 9 � E- NEA vEsneuLE BOSTON o AT LEFT SIDE — y� Ma ENTRANCE. ,y Fp<1�IOfMPgS LOCUS PLANN - - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - /Z — EXIST. FLOOR ELEV. 0'-0" SCALE: NOT TO SCALE DATE: 24 AUb 20 U D REAR ELEVATION EXISTING GRADE TO O 2' b' 12' 20' REMAIN AS IS SCALE: I/8" = 1'-0" v