44-46 JEFFERSON AVENUE - ZBA (3) 44-46 Jefferson AVe. R-1
r --- — Augusto DaCunha (Petitioner)
\ E. Fratangelo (Owner)
V
ANTHONY J. Di PERNA
!%VttOYNQ� a ra.
25 HIGH STREET
395'0027 MEDFORD, MASS. 02155
t Ctv of "Salem, �zclr�zset#s
x
9
gjire Department geabquarters
d es �Tj- r<,u,an 48 ` iiafg0te
Skeet
�It�iet �ttlem, �tt_ II137D
s
Date: March 12, 1984
Salem Board of Appeal Re: 44-46 Jefferson Ave.'- .
City of Salem, Massachusetts Augusto DaCunha
One Salem Green Hearing Date: 3/21/84
Salem, Ma. 01970
Sirs:
As a result of notice received concerning the Board of Appeal
hearing for the above listed name and. address, the Salem Fire
Department, requests the following items to be placed on record.
1. The Salem Fire Prevention Bureau has no objection to ranting
of. a variance/special permit .to allow use as a baker4deli-
catessen/restaurant ; subject to approval,of_all plans, prior
• . issuance of. a building permit.
2Y. A Gertificate of Occupancy shall be required prior to. any use
and .occupancy. .
Respectfully submitted
el
Captain David J. Goggin i�V
`- cc : Building Inspector Salem Fire "rarshal
file
Form 105
APPEAL CASE NO. .. . . .. .. . . . . .. . . . . . . . . .
BOARD OF Aof *JjM� EC$$FIL lash$
Re z tt 75
TO THE BOARDS*4PPEALS:
VEO
The Undersigned reP�atlA`fi is are the owners of a certain parcel of land located
at NO. . .44-4Q qa % divenue, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�# Rftlk; Zoning District.k:�. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons: Direct Appeal substitution of non-conforming use
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:
Petitioner wishes to substitute a bakery and delicatessen restaurant for the
present non-conforming fruit/produce and delicatessen..located in a store in_ an. Rl
District at 44-46 Jefferson Avenue, Salem, Massachusetts
1
Owner. .Eruest.Frataugela . .. .
.,
Address124.Lynn.street. -L�_. . . .. . .
Telephone. .59372997. . . . . . . . .. . . ... . . . . . . ... ..
Petitioner. .4v&v$tR.R% QeQuaha . .... . .. . . .. ...
Address.41:Ha1;c4ck Avenue> Madfr?xsi . MA. .02155.
Date.January. 2b.,. 19B1+. . . . . . Telephone..396.161Z . . . . .. . . ....
By.el
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.
s.,
Y ,
F
PETITION TO BOARD OF APPEALS
j LOCATION j. nit
.............. ... ..................................... m ;
i
I. PETITIONER....^..:................................. s
, p
ADD,RESS......r.: ..............................
................................................
i
CONDITIONS :_
.................................................................
•ili�,
................................................................
J,
...............................................................:
.............................................:...................
........ .:............................................. .
PETITION APPROVED.................... ❑ i '.
DENIED........................: 'sr.
.................................................... I9.........
Shep 2 Col.Legal CITY 4
--- SALEM
- — IZZ BOARD OF APPEAL
�.. ` 7450215
_ - Will hold a Public Hearing for all persons in=
terested in the petition submitted by Augusto -
Dacunha for a Variance or Special Permit to
-allow 44-46 Jefferson Ave. (R-1) to be used as a
bakery and delicatessen/restaurant. Said _
--- hearing to be held Wednesday,March 21,1984 at
�I -7:00 P.M.,One Salem Green,2nd floor.
BRENDA M.SUMRALL, -
'T-" Clerk
L- March 7,14,1984 -- — - ---- ----I—
Shep 2 Col.Legal 54544 -
,� CITY OF SALEM _
BOARD OF APPEAL
_ 745-0215
Will hold a Public Hearing for all persons in
terested in the petition submitted by Augusto -
Dacunha for a Variance or Special Permit to ;
-- -allow 446 Jefferson Ave. (R-1) to be used as a-n
bakery and delicatessen/restaurant. Said.;.
-- hearing to be held Wednesday,March 21,1984 all 1
- I--7:00 P.M.,One Salem Green,2nd floor: ?Y
MRALL
BRENDA M.SU , --
--1` -March 7,14,1984 __
; - BOARD of ASSESSORS-
93 WASHINGTON STREET,CITY HALL,SALEM,MASSACHUSETTS 01970 (617)744-0880
5'0 a ABUTTERS. ..
Jwnnxc
FEBRUARY 8 19.84
TO: 44 JEFFERSON AVE ASSESSED OWNER: CHRISBE REALTY TRUST MAP '25 LOT 386
(Ernest Fratangelo) Diane B Jenkins, Tr,
MAP LOT LOCATION ASSESSED OWNER ./ MAILING ADDRESS
25 654 53 JEFFERSON AVE NEWARK BOXBOARD CO SAME AS LOCATION
24 112 59 JEFFERSON AVE MIA PEARL CORP •P 0 BOX 250
BRAINTREE, MA 02184
a
25 388 38 JEFFERSON AVE T.E.ANDRESEN INC SAME
AS LOCATION
25 387 42 JEFFERSON AVE JOSEPH MARFONGELLI . ✓
25 384 48 JEFFERSON AVE JOSEPH INGEMI JR ,
�
25 383 50 JEFFERSON AVE LUIGIA D'ISSO
} 400 25 CALABRESE ST GEORGE 6 SOPHIE HASHEM �
25 399 23 CALABRESE ST ANNA YAROSH
25 398 21 CALABRESE ST RITA HIGLEY ✓ "
25 397 19 CALABRESE ST LOUIS 6 ANITA ROBICHEAU ✓ " "
25 396 17 CALABRESE ST VINCENT J. FURFARO 'I76CA7`61DK—NRSF,�7 T
SALEM, MA 01970
siA so
rx
�"" .tea'♦ 4 ;ty�,�^ �+'r:K•'r 'r.�M 6�• �J6 \ -
� `:" "� t °-a •r ��'.' five""l _ - \
V B R 1 EN
SQUARE
,_ = in,oar ♦
`og.*J
_
� zD 65
.3 8,45,
JJ -
-
. . '69/6
•+'a `� _ " 396 . �
leo 7
654�Q
� aro
p� N - B698� -
6430
I -366 am � »� • � ,*2!:� � . � '�
•d' i \ � � iJfC+ k ' 11
yYRi"` f
rAin
Lj
t $
Ctu of �$afcm, Aussrztf 62tts
/I/I �Rnttrb of �ppvd
At4N8
April 17, 1984
NOTICE IS HEREBY GIVEN THAT AS OF APRIL 3, 1984 THE DECISION
OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY
CLERK TO DENY THE PETITION OF AUGUSTO DACUNHA FOR VARIANCES/
SPECIAL PERMIT FOR 44-46 JEFFERSON AVE.
BOARD OF APPEAL
Brenda M. Sumrall, Clerk
APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
GENERAL LAWS. CHAPTER 8G, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF HE VARIANCE OR SPECIAL PERMIT
THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER 808. SECTION 11, T
GRANTED HEREIN, SHALL NOT -111-KE EFFECT UNTIL A COPY OF THE Df.CISIDN, BfAftiNG THE CERT-
GRANTED
OF IHE CITY CLERIS hiA"i 20 DAYS HAVE FLAPS-ED Avg NO APPEAL HAS BEEN FILED,
OR THAT, IF SUCH AN APPEAL HAS,BEEN FILE, THAT IT HAS LEEN DISMISSED OR DENIED IS
RECORDS DIORTHE
IS SOUTHRECORFEGISTR
YONFTHEEOWNER'S CERTIFICATE OF TITLE.
DS A14D INDEXED UNDER THE OF AME OF THE OWNER
BOARD OF APPEAL
v� s�
DATE OF HEARING ��/��
PETITIONER t �a�L
LOCATION
MOTION: TO GRANT SECONDED
TO DENY - SECONDED
LEAVE TO WITHDRAW SECONDED
ROLL CALL ABSENT PRESENT GRANT DENY WITHDRAW
SCOTT CHARNAS
JAMES HACKER
DOUGLAS HOPPER
EDWARD LUZINSKI
1?ETER 'TROUT
ASSOCIATE.MEMBERS = :.
RICHARD. BENCAL
A1TIiUR LABRECQUE
DISCUSSION & CONDITIONS:
MINUTES - MARCH 21 , 1984
page two
20 Barcelona Ave. - Continued
addition would be a family room. The variance from side setback was needed
because of the shape of the lot, which is at an angle, the proposed addition which
is ten feet at the beginning winds up being only eight feet from the lot line.
Speaking in favor: Bob Petro, 18 Barcelona Ave. No one appeared in opposition.
Hearing closed. Mr. Charnas made a motion to grant the petition for a Variance
from density, side and rear setbacks as set forth in the plans submitted to the
Board. Mr. Hopper seconded. UNANIMOUSLY GRANTED
44-46 Jefferson Ave. - Augusto DaCunha (Petitioner) Ernest Fratangello (Owner)
Petitioner is requesting a Variance/Special Permit to allow premises to be used
as a bakery/delicatessen/restaurant in this R-1 district. Mr. Charnas read the
application and a letter from the Fire Marshal. Mr. Hacker explained that the
first order of business on this petition was for the Board to decide if there was
sufficient change in the application to warrant the case being heard. He explainer
that in November of 1983 Mr. DaCunha came before the Board requesting a restaurant/
coffee and donut shoo, this request was denied. According to rules and regulation-
Mr. DaCunha must wait two years before reapplying unless a substantial change has
been made. Mr. Charnas read the application submitted previously and denied.
Mr. Hacker asked Attorney Anthony J. DiPerna, representing the petitioner, how
this petition is differen'; from the previous petition. Mr. DiPerna explained
there would be no baking of doughnuts of the premises, it will not be a full
bakery, abutters would not be bothered with the smell of baking doughnuts, which
was an objection at the time of the last petition. This will be an expanded
delicatessen, soup, salad and sandwiches. There will be small amount of baking,
cookies, cakes, croissants, etc. , will be no deep frying. Mr. Hopper said he did
not feel this is substantially different. Mr. Charnas made a motion that the
Board not consider this petition because is substantially similar to the petition
heard November 16, 1983 and the two year period has not gone by, it would not be
proper to hear this. Mr. Strout seconded. UNANIMOUS VOTED NOT TO CONSIDER THE
PETITION
41 Flint St. - Wayne C. Sousa 1/
Petitioner is requesting a Special Permit to convert to two condominiums and to
add a third unit in this R-2 district. Mr. Charnas read the application and a
letter from the Fire Marshal. He also read a letter of opposition from Dale and
Glenn Yale, 153 Federal St. Mr. Sousa represented himself, he submitted plans to
the Board. This property is in state of disrepair, has spoken with the Historical
Commission and will work with them, will not alter appearance, did put on one
coat of paint. The building is vacant, last occupied January 1984 by the previous
owners. There is plenty of parking, showed on the plans where there would be
spaces for five cars, plenty of room in the rear, but would like to leave as much
of the yard as possible. No one appeared in favor or in opposition. Hearing
closed. Mr. Hacker said this petition was in two parts, number one, will the
Board allow the third unit in an R-2 district. It is a crowded street, there is
a letter of opposition, would be opposed to a three family dwelling at this
location. Mr. Hopper said he felt the third unit fits in with the building and
leans toward allowing it as long as they work with the Historical Commission.
Mr. Hacker said he felt there were a lot of unanswered questions, the parking does
not look the best. Mr. Charnas made a motion to grant the Special Permit to
allow a third unit. Mr. Hopper seconded. On a roll call Vote, Mr. Charnas
abstained, Mr. Hopper & Mr. Strout voted to grant, Mr. Hacker and Mr. Luzinski
voted to deny. SPECIAL PERMIT FOR THIRD UNIT DENIED
`YI,COvOn�.
2611 Tri$ of Salem, Fz BFIi U e �s
' t= Pourb of ,, PP -3 P2 .51
„,rsw, rr8TT, A
DECISION ON THE PETITION OF AUGUSTO DACUNHR"�(PETITIOt'ER)� `rE
ERNEST FRATANGELO (OWNER) FOR VARIANCE/SPECIAI.'PERMIT
FOR 44-46 JEFFERSON AVE. , SALEM
A hearing on this petition was held on March 21 , 1984 with the following Board
Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski and
Strout. 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 requests a variance/special permit to allow him to operate a bakery/
delicatessen/restaurant at 44-46 Jefferson Ave., this is an R-1 district.
The Board of Appeals, after hearing the evidence presented by petitioner makes
the following findings of fact:
1 . There are no specific and material changes between this petition
and one by this same petitioner filed less than two years ago and
denied by this Board (Prior denial was filed November 30, 1983) .
On the basis of ,the above finding of fact, the Board, pursuant to Article IV
Section 4 of the Rules and Regulations governing this Board, unanimously voted
to deny the petition.
DENIED _ --_--
a
Jam .
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
r -
SEC?I
IF PSIY, SHALL U f,ADE PURSUANT TO Tuc a�'E 6 FSI .
APPEAL r"O.`d THIS C4..:D S�.1LL E"s FI!EO Vi;f✓.CV '_0 Dn'S AFft.. - .
- OF THE CITY Cl Ni. .E �;. c�EC:-.L FE2?s:T
OF ..__ic,a:i 1:: THE Oii!Cc THE Ur 1"A:. _
T!iiS - Cq;o-ER uO3, $=:Ti•]Fi 1:. '4CERT-
."T"L
T-
7 L A °7FY 'OiEW
r.�: 233 o
IS
d. r 'r 41 r,:CiS r �� If rS G `it D:S•...aS-D C.
c
t h::T t _ .PEAL rAS EETI Floc• T r _ -
r _n : n[E;5 f 'r YIDc:(Ep Gr:0-it ct :.�..t Ct TBE.C:9::=�•
LT :�) .H ESStX REG:STTY CF - - -
FSC�;cu:J L: i��- �• . ON THE 0?:NER'S CERTIFICATE OF TlitE.
OF RECORD OR iS RECUBDED ACID NOTED - BOARD OF APPEAL
�id3:'i�:LiCIBRJWa ]fTarr v�� �`$' -ci_!i'- - .- .. ••
4_S�L rr.
L«J./ _ -
t 2R
� ro 1/��r.D.�si3J.� /E::s a .ciy,� ,�•,�,ry [. jx���=
i' s
14
31,
,
• 0 G� n S1J � !•
q57
�t+rti *do- s'
/Jk-1114A%sAow �oJLof E��fi
Ckri/ie/!oN/nt���gc�Jmra/laEi �fau�rrJ11i �(ii�s(yvnv'ct�in6 ^cam
sezte aF .
Cb
^ � Y'I+IR PLAN HAS Rf:t:N RliftUCDr FOR
•^ (41)11\KCT Pt;AU^+ci Et;6 UItWIPAj.IpI FILE. �
/
crrn7."p fi�v,�lSjiJ Orbn RtfJori�v✓/!in
uclt1y.VJiX'C-wi ��i .,fj//i/s��i>yl.�M/•l? . . r� ,
• � . /�LA/V C.1� LA�t/O
�r a�01 aema.sa WT.30LJW,
keY • F,w.Ia/d —n7.� irrn/e:/:so' .+�o
r - rl ,t„�..�o•�dsl ( E1s XScne,�)-S'�erx�e/c.c. a
o '�'� ••+j ,� k•i _.,n,�il 'C n eF� ,.�,.�°�'�n•t'""�� w � � Lp 4 ,M *.. �:. - _
-
' - -•- "-E�IJ�I.-. ftp < - y - '.', _ _ _
-v
s � i
tr r
ouu �+• - +or / �/w�:: �Lu_A�'"`�w" , X3 ,9"
C7 .�
-fcmv�a pw .y.aZ;rcIW�t�n
i
'�'lld M i'�Vt1101ilo 9:i4 llr fl Y'Mi .CaV lill�t7 .
.. Hil! 'UI.9llll'dH AAAA VVH NY'I.1 4111 J. ' '�'T �►3y'_1 y i .
�>c� DV61' pd'dL�'�N/rvMY Lrs 'y
�ivio�v�Vayad0 .9
J.. ycvsv�oaa a's`"�� ��''� • .�,o ,�5..9,�j/�''vci3O
0 91oi�O,3' fsrr
-=7,(7N=-Po4d
rO1
i.b r Mfr
I
a . -
1 ti � yo 04
J /a7
n f •
. J. a ..
x •,^��/ - • .. _,.. -.r..a ,� ,tee
'i» E' L.":. ..-4fe-^L •c'" Com+ 192.<C'_-0 'E�39 rlaS ��r.
�.-.. ....ev.r.... .-e-. ..-.a1 G :.er-.T.`awa.'-..-¢ -* n.... . r....._ ._T...Z.-.' .�.'."\y _ •
I l l� i o)A o T A'u l-v J P-0 Jlfi(-U l SFA-
f3'✓e Al��`'
AkAj
t ID
ALT
�ti=N4 JAS -
- T_T_
I
1
i
err--
'I
it
I
i
�I
��
�;,
APPEAL CASE NO. .. .. . . . . . . . . .. .. . . . . . . ..
,sale or tPEA&gitg of *ateni, fflassar4usetts
PuttrD of
ryry ,
TO THE BOARD WA 'PEA � . L
The Undersi ned re resei 'tia �5ILes;is are the owners of a certain parcel of land locs�ted
at NO. . . 44 6 Jeff (¢� A6gfa e"...'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Zoning District./W. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 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.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons: Direct Appeal substitution of non-conforming use
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:
Petitioner wishes to substitute bake and. delicatessen/restaurant for the
present nonconforming fruit/prod and delicatessen located in a store in an R1
District at 44-46 Jefferson Avenue, Salem, Massachusetts
Ernest Fratangelo
Owner. . . . . . . . .. . .. ... . . .
124 Lynn Street, , MA. ��4'/ (1 .
Address.. . . . . . . . . . .. . . . .. . . . . . . .. .. . . . .... ..
Telephone. . . . . . . .593-2997 ' .
Augusto P. DaCunha
Petitioner. . . . . .. . ... . . w. .. .. . . .. .. . . . .... ..
41 Hancock Avenue, Medford, MA. 02155
Address. . . . . . .. .. . .. . . . . .. . .. . . .. ... . .
Date. .January 26, _1984. . _ . 396-1617
Telephone.. . ... . .. . . . . . .. . ... .. . .. .
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.
fira �,i:4
=r
.. i
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
............................................................. -'
PETITIONER......................y. 3..
ADDRESS..........................
..............................................
CONDITIONS c
Ailr
... .................................................. r "'
................................................................
......................................... ............. .. •. G, a
i ..
................................................................. _ - q•
PETITION APPROVED....................❑
DENIED......................... y i .
................................
..... ............. ... 19.........
i
�'o�+�' ire �epartncetrt �-leaDquar!ers
48 IafigAte treet
f6l4ef aleni, eta_ D1370
Late: March 12 , 1984
Salem Board of Appeal Re: 44-46 Jefferson Ave . - - ,
City of Salem, Massachusetts Augusto DaCunha
one Salem Green Hearing Date : 3/21/84 .
Salem, Ya. 01970
Sirs :
As a result of notice received concerning the Board of Appeal
hearing for the above listed name and. address, the Salem Fire
Department, requests the following items to be placed on record.
1. The Salem Fire Prevention Bureau has no objection to ranting
of a variance/special permit to allow use as a bakery deli-
catessen/restaurant ; subject to approval of_all plans prior
issuance of a building permit .
2 . A` Certificate of , Occupancy shall be requiredprior to any use
and occupancy.
Respectfully submitted
Captain David :;. Goggin
\. cc : Building Inspector Salem Fire tr'arshal
file
H lnK
of �xfPm,
Pourh of cZimal '83 NOV 30 P .1
oun.c w�'
rjTV
DECISION ON THE PETITION OF AUGUSTO DACUNHA (PETITIONER) , 9RNB,S E
FRATANGELO (OWNER) FOR A VARIANCE OR SPECIAL PERMIT FOR 44-46- '
JEFFERSON AVE. , SALEM
A hearing on this petition was held on November 16, 1983 with the following
Board Members present: James B. Hacker, Chairman; Messrs., Charnas, Hopper and
Piemonte. Notices of the hearing were 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 requests a Variance or Special Permit to use the premises as a
restaurant/coffee and donut shop. The premises were last used as a fruit/produce
and delicatessen in this R-1 district.
Since it is a Special Permit that is needed and not a Variance, the provision of
the Salem Zoning Ordinance which is applicable to this request 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 I% 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.
d
The Board of Appeal, after considering the evidence presented at the hearing,
makes the following findings of fact:
1 . Petitioner's plan was opposed by some neighbors;
2. Use of the premises as requested will cause an odor as a byproduct of
baking which will substantially interfere with the neighbors use and
enjoyment of their own properties;
3. Use of the premises as requested may serve to bring back a rat
population to the neighborhood which plagued neighbors when the
premises were used as a fruit/produce and delicatessen store.
1
DECISION ON THE PETITION OF AUGUSTO DACUNHA FOR A
VARIANCE OR SPECIAL PERMIT FOR 44-46 JEFFERSON AVE.
On the basis of the above findings of fact and on the evidence presented at the
hearing, the Board of Appeals concludes as follows:
1 . The Special Permit requested cannot be granted without substantial .
detriment to the public good;
2. The requested relief will not promote the health, safety, convenience or
welfare of the city's inhabitants.
Therefore, the Board of Appeals voted unanimously against granting petitioner`s
requested relief.
The Petitioner's request for a Special Permit is hereby denied.
r _ .
Scott E. Charnas, Acting Secretary
-
. AND iH L BE PURSUANT TO ScC r.:C{ 7 0 T:'--
-
w is CF LFFI�E r E� 'OiN 20 DAYS AP ER �- c
0H.
ail I THS THE CITY CL_RK. .
I* w L`. /S CHAPiE?. SCO. SECTIOil 11. THE
SRALL N J T;.KE EF,E0F
UNTIL A COPY OF
is �:' .T rE UGC itR- " THE D. k{:Ti'FT 27 CA!)IFU:'li i :P?EnL IitS ID dJpr C h S-
- - p. o-.•:T
-
B.•=1 F.LE. THAT IT Hf-.° n b._
IN THE SOJIH ESSEX REGISTRY OF DEEDS AND I IOcXcO UiJoc
OR IS. RECORDED AND NOFED ON THE OWNER'S CERTIFICATE Cr TITLE-
-1-
ITLE-
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
okr r
L-�
t
-,
L _