44 JEFFERSON AVENUE - ZBA (2) '44 Jefferson Ave., (R-:1 )
Augusto DaCuhho (Owner)
- - \ P.eter. C'apalbo- (Petlt'ioner•) --
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DECISION ON THE PETITION OF AUGUSTO DACUNHA FOR
A SPECIAL PERMIT AT 44-46 JEFFERSON AVE. (R-1 )
A hearing on this petition was held May 15, 1991 with the following Board Members
present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward
Luzinski and Mary Jane Stirgwolt. 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 41A.
Petitioner, owner of the property, is requesting a Special Permit to allow the
a Coffee Shop/Restaurant in this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, 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
Section VIII F and IX D, 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 . The property, over the years, has been used as a Cafe/Deli and Fruit Market.
2. There was no opposition.
3. Mr. John Boris, Chairman of the Salem Licensing Board and Member of the
Chamber of Commerce spoke in favor.
4. The granting of the petition would enhance the business base in the
City of Salem.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The granting of the Special Permit would be in harmony with the district and
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.
DECISION ON THE PETITION OF AUGUSTO DACUNHA FOR A SPECIAL PERMIT
AT 44=46 JEFFERSON AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All renovations be in compliance with all City and State Building Codes.
2. All work be done as per plans and dimensions submitted except the parking
plan which shall be amended to prevent the backing out on to Jefferson Ave.
3. A legal building permit is to be obtained.
4. A Certificate of Occupancy be obtained.
5. All requirements of the Salem Fire Department relative to•smoke and
fire safety be strictly adhered to.
6. Required parking be maintained at all times.
7. All signage shall be in compliance with the City of Salem Sign Ordinance
Special Permit Granted
May 15, 1991
ichard Febonio, Member, Board of Appeal
F7 A'2 COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Ir+
�. Appeal from this decision, If any, shall be made pursuant to Section 17 A
the Mass. General Laws, Chapter 808, amt shall be filed within 20 days
efter the date of filing of this decision in the office of the City Clerk,
>— i— Purstlnnt to Mass. General Laws, Chapter 808, Section 11, the Variance
6
or P�ecial Permit gionted hnrein shall not take effect until a copy of the
decision, bearing the certification of the City Clerk that 20 days have
elapsed ane.. 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 Degds and indexed under the name or the owner of record or
Is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL,
DATE OF PERMIT PERMIT NO. InOWNER LOCATION
DWELLING I MATERIAL I DIMENSIONS I NO.OFSTORIEB I NO.OFFAMI LIM I WA R BUILDER - COST
gTWERBS. MATERIAL DIMENSIONS'. NO.OF STORIES BUILDER /��-� POCKED FOLD
ER
PLAN NO.SHEE
8/10/76 #320 (Owner-Ernest Fratangelo) Remodel store front;new openings for door and
9/16/76 Cert.of 0frjH?Ffi$diffb8dce windows,cement platform at front of building.
10/26/76 #473 Build mansard roof over concrete walk to extend 5-411 from building to
property line.
2/1/77 #24 To erect 31X51 sign.
BOARD OF APPEAL: DENIED 5/18/83 Special Permit to allow premises to be used as a
machine shop also Variances from minimum setback & parking requirements.
Thomas Boucher, Petitioner - Ernest Fratangelo, Owner
BOARD OF APPEAL: DENIED= 11/96/83 - Special Permit to use the premises as a restaurant
coffee'-:& donut shop. Augusto DaCunha-Petitioner
BOARD OF APPEAL: 3/21/84 - Denied hearing, no substantial change from application heard
11/15/ Ithk,/g3
83 -
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F aarb of Av eui
DECISION ON THE PETITION OF PETER CAPALBO (PETITIONER) , AUGUSTO
DACUNHA (OWNER) FOR VARIANCE AT 44 JEFFERSON AVE. (R-1)
A hearing on this petition was held May 19, 1993 with the following
Board Members present: Francis Grealish, Jr. , George Ahmed, Edward
Luzinski, Stephen O'Grady and Stephen Touchette. 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.
The Board of Appeal, at the request of the petitioner and prior the
hearing being opened voted unanimously to allow the petition for a
Variance to allow a restaurant with a seasonal beer and wine license
at 44 Jefferson Ave. to be withdrawn. Property is zoned R-1 and is
owned by Augusto DaCunha.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
May 19, 1993
Edward Luzinski,'� ember
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
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DECISION ON THE PETITION OF PETER CAPALBO (PETITIONER) , AUGUSTO
DACUNHA (OWNER) FOR VARIANCE AT 44 JEFFERSON AVE. (R-1)
A hearing on this petition was held May 19, 1993 with the following
Board Members present: Francis Grealish, Jr. , George Ahmed, Edward
Luzinski, Stephen O'Grady and Stephen Touchette. 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.
The Board of Appeal, at the request of the petitioner and prior the
hearing being opened voted unanimously to allow the petition for a
Variance to allow a restaurant with a seasonal beer and wine license
at 44 Jefferson Ave. to be withdrawn. Property is zoned R-1 and is
owned by Augusto DaCunha.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
May 19, 1993
Edward Luzinski,' ember
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
(City of �$ttiem, C Itt88rztljusPttB
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DECISION ON THE PETITION OF PETER CAPALBO (PETITIONER) , AUGUSTO
DACUNHA (OWNER) FOR VARIANCE AT 44 JEFFERSON AVE. (R-1)
A hearing on this petition was held May 19, 1993 with the following
Board Members present: Francis Grealish, Jr. , George Ahmed, Edward
Luzinski, Stephen O'Grady and Stephen Touchette. 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.
The Board of Appeal, at the request of the petitioner and prior the
hearing being opened voted unanimously to allow the petition for a
Variance to allow a restaurant with a seasonal beer and wine license
at 44 Jefferson Ave. to be withdrawn. Property is zoned R-1 and is
owned by Augusto DaCunha.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
May 19, 1993
Edward Luzinski,' em
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
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DECISION ON THE PETITION OF PETER CAPALBO (PETITIONER) , AUGUSTO
DACUNHA (OWNER) FOR VARIANCE AT 44 JEFFERSON AVE. (R-1)
A hearing on this petition was held May 19, 1993 with the following
Board Members present: Francis Grealish, Jr. , George Ahmed, Edward
Luzinski, Stephen O'Grady and Stephen Touchette. 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.
The Board of Appeal, at the request of the petitioner and prior the
hearing being opened voted unanimously to allow the petition for a
Variance to allow a restaurant with a seasonal beer and wine license
at 44 Jefferson Ave. to be withdrawn. Property is zoned R-1 and is
owned by Augusto DaCunha.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
May 19, 1993
�;��
O�o�
Edward Luzinski,� ember
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK.
__7
DATEE OF
PETITIONER �
LOCATION
10TION: -0 GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO !•WITHDRAW SECOND
Al
"0 CONTINUE SECOND
POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
GEORGE A. AHMED
FRANCIS GREALISH
EDWARD LUZINSKI
STEPHEN TCUCHETTr
ASSOC:'.TE :!EMBERS
RONALD PCA.NTE
ARTHUR LABRECOUE
CONDITIONS:
E. FTCdSRCk ArmsaronS, Esq. BUILDING DEPT.
ATTORNEY AT LAW Y
51 ATLANTIC AVENUE IfHI'T 5 y I i,j g9+l
MARBLEHEAD. MA 01945 IC 1 3
RECEIVE-0
(617) 639-2838 CITY Or SALEEP- 'i'ss.
May 18, 1993
City of Salem
Board of Appeal
One Salem Green
Salem, MA 01970
RE: Withdrawal of Appeal , 44 Jefferson Ave.
To the Board of Appeals,
On behave of Peter Capalbo I ask the Board of Appeals to withdraw the
Zoning appeal filed with said Board on April 29, 1993 , and to be
heard by the Board on May 19, 1993 . Mr. Capalbo is no longer
considering the sight at 44 Jefferson Ave for use as a restaurant.
Mr. Capalbo would like to thank the Board for their time in this
matter.
�ce ly
S. Fredric rmstrong
L
E. FredrneL Armstrong, Esq. ✓s'_ ,' : 'j n� MT
ATTORNEY AT LAW
51 ATLANTIC AVENUE - •�
MARBLEHEAD. MA 01945
1
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(617) 6392838
May 18 , 1993
City of Salem
Board of Appeal
One Salem Green
Salem, MA 01970
RE: Withdrawal of Appeal , 44 Jefferson Ave.
To the Board of Appeals,
On behave of Peter Capalbo I ask the Board of Appeals to withdraw the
Zoning appeal filed with said Board on April 29 , 1993 , and to be
heard by the Board on May 19 , 1993. Mr. Capalbo is no longer
considering the sight at 44 Jefferson Ave for use as a restaurant.
Mr. Capalbo would like to thank the Board for their time in this
matter.
�ce ly
S. Fredric rmstrong
II
APPEAL CASE NO. . . . . . . . . . . . . .. .. . . . . . . .
Chi of a$zdrm, 11assar4usleffs
.. �3urzr,3 of '�Fpral
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TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land to ated
at NO. °2 „Jefferson Ave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street Zoning District. ' . .
and said Parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
1 . See attached plot plan of lot 386, Deed Rec. Bk. 7386, Pg. 274.
2. There will be no structural changes in the building.
3 . I4eri�gr renovation only. o
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T�Re Applicati6n for Permit was denied by the Inspector of Buildings for the following
reasons:
Building is located in an R-1 Zone.
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
1. Building was formally used for food service.
2. Building is located as such that commercial enterprises border three
sides of the lot.
3. Granting of a seasonal beer and wine license will not substantially
change the buildings original purpose.
4. Petitioner plans to maintain a family atmosphere at the proposed
restaurant.
5. Residential neighborhoods are located as such that the granting of said
licence will not interfere with their quiet 9 u�0ArentP'. Dacunha
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. 27 Livingston Ave.
. . . . . . . . .. . . . . . . . . . . . . . .
Beverely, MA 01915
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Petitioner. Peter capalbo
. .. . . . . . . . . . . . . . . . . . . . . .
259 Lafayette Street
Address. . . . .salem, .MA .o1a.'zo. . . . . . . . . . . . . .
Date. .Apri1: 29: 1993
Telephone. . .G50RJ.:744.:92 .8 . . . . . . . . . . . . . . .
By. .V,. k'.,eQ Fri.G'S. •. . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO
PETIT ION 10 BOARD OF APPEALS
LOCATION
.......................-......... ...................
PEI 11 IONER...............
ADDRESS............ .......... ........
................................................
CONDI I IONS
........................... ....................
........................ .... .............I......
....................... ........ ...........................
.................................................................
..............I............... .........................
............ ....................................................
,PETITION APPROVED.................... ❑
DENIED.........................
.............................................. 19.........
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PLAN: 184/ /976 � LOCATED IN
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209 WASHINGTON ST.- SALEM, MA.
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold it Public Ilearing for all persons inter-
ested in the petition submitted by PETER
CAPALBO for a Variance to allow a restaurant
with a seasonal beer&wine license at 44.IEFPER-
SON AVE.(R-1)Said hearing to be held WEDNES-
DAY, MAY 19, 1993 at 7:00 P.M., ONE SALEM
GREEN, 2nd Door.
RICHARD A. BENCAL, Chairman
May 5, 12, 1993
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CI4'Y OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a Public hearing for all Persons inter-
ested in the Petition submitted by PETER
CAPALBO for a Variance to allow a restaurant
with a seasonal beer&wine license at44 JEPPEIt-
SON AVE.(R-1)Said hearing to be held W EDNES-
DAY, MAY 19, 1993 at 7:00 P.M., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
May 5, 12, 1993 SN14817
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CFI'T OF SALEM
BOARD OF APPEAL
745-9H595 Ext. 381
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Will hold a Public earing for all Pei-son ETEIL
ested in the petition submitted by
CAPALBO for a Variance to allow a restaurant
with a seasonal beer&wine license at 44.TEPEER-
D YA5V n.1 19,1993hat 7:09t1'.M, ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
May 5, 12, 1993 SN 14817
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CITY OF SALEM _
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a Public Hearing for all persons inter-
ested in the petition submitted by PUTElt
CAPALBO for a Variance to allow a restaurant
with a seasonal beer&wine license at 44.lEEEER-
SON AVE.(R-1)Said hearing to be held WEDNES-
DAY, MAY 19, 1993 at 7:00 P.M., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
May 5, 12, 1993 SN14817
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BOARD OF APPEAL
745-9595 Ext. 381
Will hold a Public Hearing for all persons inter-
ested in the petition submitted by PETER
CAPALBO for a Variance to allow a restaurant
with a seasonal beer&wine license at 44 JEFFER-
SON AVE.(R-1)Said hearing to be held WEDNES-
DAY, MAY 19, 1993 at 7:00 P.M., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
May 5, 12, 1993 SN14817
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BOARD OF APPEAL
745-9595 Ext. 381
Will hold a Public Hearing for all persons inter-
ested in the Petition submitted by PETER
CAPALBO for a Variance to allow a restaurant
with a seasonal beer&wine license at 44 JEFFER-
SON AVE.(I2-1)Said hearing to be held WEDNES-
DAY, MAY 19, 1993 at 7:00 P.M., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
May 5, 12, 1993 SN14817
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CITY OF SALEM
BOARD OF APPEAL
79.5.9595 Ext. 381
Will hold a Public Hearing for all persons inter-
ested in the petition submitted by PETER
CAPALBO for a Variance to allow a restaurant
with a seasonal beer&wine license at44 JEFFER-
SON AVE.(R-1)Said hearing to be held WEDNES-
DAY, MAY 19, 1993 at 7:00 P.M., ONE SALEM
GREEN, 2nd floor.
RICHARD A. BENCAL, Chairman
May 5, 12, 1993 SN14817
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APPEAL CASE NO. . . . . . . . . . . . . .. . . . . . . . ..
E fv of �$tt1tm, Cassa g1!ffS
9
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Q
TO THE BOARD OF APPEALS:
The Undersi ned represent chat he is are the owners of a certain parcel of land to ated
4. . Jefferson ve . Street; :zoning District.-�
. . . . . . . . . . . . • • • • . . . . . . . . . . . . . . . . : and said parcel is affected by Section�sj . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
1. See attached plot plan of lot 386, Deed Rec. Bk. 7386, Pg. 274 .
2. There will be no structural changes in the building.
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3. Interior renovation only.
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Thpplitionor Permit was denied by the Inspector of Buildings for the following
reasgns: 1 C.'
Building is located in an R-1 Zone,
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
1 . Building was formally used for food service.
2. Building is located as such that commercial enterprises border three
sides of the lot.
3 . Granting of a seasonal beer and wine license will not substantially
change the buildings original purpose.
4. Petitioner plans to maintain a family atmosphere at the proposed
restaurant.
5. Residential neighborhoods are located as such that the granting of said
licence will not interfere with theirquiet enjoyment.
TOwner. .Aucius.to. . . . . . . . . . . . . . . .
Address. . .
27. . .Livingston Ave .
. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .
Beverely, MA 01915
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Petitioner. .P.eter. .Capalb0. . . . . . . . . . . . . . . . .
259 Lafayette Street
Address. . . . .Salem •; •M•A •01-470. . . . . . . . . . . . •
Date. April 29 , 1993
Telephone. ( 508),744-9288. . . . . . . . . . . . . . . . . . . . .
By. . . .. . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . .. . . . . . . . .. . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening-News.
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