152-156 DERBY STREET - ZBA 152-156 DERBY STREET
v
I �
rLegal Notice
iCITY OF SALEA) 4s
4 BOARD OF APPEAL
878-745-9595,Ext 381 Roc
will hold a public hearing for all per-
sons interested in the petition submit-
ted by SPIROS KOUNSALISH
requesting a Special Permit to
enlarge a non-conforming structure i
and is seeking a Variance from front, i
side, rear setbacks and lot coverage to
construct a single story addition for
property at 152.156 DERBY STREET
B-1. Said hearing will be held on
WEDNESDAY,JANUARY 21,2004,at
6:30 p.m., 120 Washington Street,
! 3rd floor,Room 313. a
Nina Cohen,Chairman
(117,14)
o CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL CITE' OF SAS MA
120 WASHINGTON STREET, 3RD FLOOR CLERK
t'I BICE
SALEM, MA 01970
TEL. (978) 745-9595
- FAX (978) 740-9846
STANLEY J. USOVICZ, JR. ` -1004TE8 -3 P 2 5.3
MAYOR
DECISION OF THE PETITION OF SPIROS KOLINSALISH REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 152-156
DERBY STREET B-1
A hearing on this petition was held January 21,2004 with the following Board Members
i h Nicholas Helides and Bonnie
present: Nina Cohen, Stephen Harris, Richard Dionne c a
Belair. Notice of the hearing was sent to abutters and others and notices of the hearing
h in the Salem Evening News in accordance with Massachusetts
were properly published g
General Laws Chapter 40A.
Petitioner is requesting a Special Permit to enlarge a nonconforming structure and a
Variance from front, side and rear setbacks and lot coverage to construct a single story
addition for the property located at 152-156 Derby Street located in a B-1 zone.
The provisions the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 Q), 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, extent 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 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 Variances which have been requested may be granted upon a finding of the 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
of the Ordinance
9
DECISION OF THE PETITION SPIROS KOUNSALISH REQUESTING A VARIANCE
AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 152-156 DERBY
STREET B-1
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
reviewing the plans makes the following findings of fact:
1. Attorney Bill Quinn presented the petition. Attorney Quinn noted that the size of
the addition is 26 x 28, existing seating capacity is 33 and the petition is to
increase the seating by 35 seats, bring the total seating capacity to 68. The
proposal will eliminate four parking spaces while retaining one handicapped
parking space.
2. Attorney Quinn noted that the existing building is presently non-conforming and
the site/lot space limitations create a hardship. Attorney Quinn presented printed
material or comparable court cases.
3. The petition is a request to expand an existing non-conforming building.
4. The second floor of the building is presently used as two apartment units that will
remain.
5. Existing zoning is B-1
6. Attorney Quinn noted the parking issue for all businesses and residents in the
area, and offered that the petitioner will offer valet parking for the busiest evening
hours of operation.
7. Nina Cohen, Chairman of the Zoning Board of Appeal noted that there is a
density issue which is being created and asked for the petitioner to address it.
8. The density issue was responded to by the petitioner's project architect who
responded that the existing site open space was utilized for parking and therefore
there was no additional density being created by the petitioner.
9. Ms. Readon owner of the Pig's Eye restaurant spoke in opposition of the petition
based on the loss of the existing on site parking, while complimenting the
petitioner on the operation if his business.
10. The owner of 156 Derby Street spoke in favor of the petition.
11. George Osgood, owner of the property on Derby Street which houses the Salem
Beer Works and, Dunkin Donuts spoke in favor of the petition.
12. Mark Wookcock form Clark Properties spoke in favor of the petition.,
13. City Councilor Joseph O'Keefe spoke in favor of the petition
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning 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 Ordinance would involve substantial
hardship on the petitioner.
3. The relief requested 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
n
DECISION OF THE PETITION OF SPIROS KOUNSALISH REQUESTING A SPECIAL
PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 152-156 DERBY
STREET B-1.
4. The Special Permit granted can be granted in harmony with the neighborhood and
will promote the public health, safety, convenience and welfare of the city's
inhabitants.
Therefore, the Zoning Board of Appeal voted, 4 in favor and 1 in opposition to grant the
relief 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 and
approved by the Building Inspector.
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. Petition shall obtain a Certificate of Occupancy shall be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
Jurisdiction including, but not limited to the Planning Board.
8. Petitioner will provide valet parking during the evening hours of Thursdays, Friday
And Saturday, which will be subject to further review by the Zoning Board of Appeal.
Special Permit &
Sp Variance Granted
January 21, 2004
ki
Nicholas Helides CscM�
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 the
Massachusetts General Laws 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 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 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
of 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
I
6 PAFREY COURT
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NOTES:
i
THIS PLOT PLAN IS THE RESULT OF AN
INSTRUMENT SURVEY.
LOT AREA = 3300 f S,F,
LOT NUMBERS REFER TO ASSESSOR'S MAP 35.
PLOT PLAN OF LAND
156 DERBY STREET
SALEM
GAIL PROPERTY OF
I CERTIFY THAT THE BUILDINGS N.
SMITH
HEREON ARE LOCATED ON SPIRO KOUNSALIEH
"a.Sson3
4 �-
THE GROUND AS SHOWN. °FFss�FGIST-, SCALE 1" = 16' OCTOBER 15, 2003
00AL LA D
NORTH SHORE SURVEY CORPORATION
to iS 03 /�J 47 LINDEN ST. — SALEM, MA
DATE "REG. PROF. LAND SURVEYOR #211