13-15 CENTRAL STREET - ZBA 13-15 CENTRAL STREET e
ARJOD REALTY TRUST (B-5)
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DECISION ON THE PETITION OF ARJOD REALTY T.3US R;EQUESTIIG: p SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 13-15 CENTRAL '8tREE�T (B-5)
A hearing on this petition was held March 20, 1996 with the following
Board Members present: Stephen Touchette, Chairman, Gary Barrett,-
Nina Cohen, Albert Hill, Associate Member ;oseph Ywuc. 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 is requesting a Special Permit to allow extension of the
existing non conforming use for the property located at 13-15 Central
Street. This property is located in a B-5 district.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides
as follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such
change, extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to
the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
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. Petitioner is the owner of the subject premises and proprietor of
Red's Sandwich Shop which is the restaurant located on the first
floor of the premises.
2. The premises includes residential apartments on the second and
third floors.. There will not be an expansion of the residential
use of the property.
3. Petitioner wants to expand the first floor of the premises to
expand storage and seating for the restaurant.
4. The proposed addition would be approximately 750 square feet,
would be one story, would be built at the rear of the subject
DECISION OF THE ETITION OF ARJOD P.EALTI' :'RUST REOUESTING .: SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 13-15 CENTRAL STREET i3-5)
page two
property and would not be visible from the Central Street side
of the premises.
5. Stephen Jepski, 20 Central Street, a representative of the condo-
minium association for said address, spoke personally and on
behalf of the condominium in favor of the petition.
6. Peter Merry, 8 Botts Court, spoke in favor of the petition.
- 7. John Drivas, owner of Red's agreed to the condominium
association's request that the fence in the restaurant's dumpster
with a white fence.
8. Ward 1 Councillor Peter Paskowski spoke in favor of the petition.
9. Guido and Elsie Piacentini, 20 Central Street, sent
correspondence in opposition to the petition.
10. The new addition will permit Petitioner to expand seating
capacity and upgrade restroom facilities.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested can be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will promote the
public health, safety, convenience and welfare of the City's
inhabitants and may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to
grant the Special Permit requested, subject to the following
conditions:
1. Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. All requirements of the Salem Fire Department relative to smoke
and fire safety are to be strictly adhered to.
4. A Certificate of Inspection to bi� obtained.
5. Petitioner shall obtain a Building Permit prior to beginning any
construction.
6. That the dumpster area which fronts Central Street be fenced
along Central Street with a six foot fence approved by the Design
Review Board and in conjunction with the Board of Health rules
and regulations.
DECISION OF THE PETITION OF ARJOD REALTY TRUST REQUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 13-15 CENTRAL STREET (B-5)
page three
SPECIAL PERMIT GRANTED
MARCH 20, 1996
CSC
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 MGL 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 MGL 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 or 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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,...�..__Legal Notice ;
CITY OF SALEM . ..
BOARD OFAPPEEAL
381
Will hold a public hearing for all
persona interested in the petition-Sub•
witted by ARJOD REALTY TRUST t
requesting a Special Permit to allow
for the extension of the existing non.
cortOrmin8 use for the property locat-
ed at.16.15 CENTRAL STREET.(13,5)•
Said hearing to-be held.WEDNES-
DAY, MARCH 20,'1996 AT 6:00
P.M., ONE SALEM GREEN, 2nd
Hcor: •u,.
Stephen Toucheft Chairman
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