44-46 JEFFERSON AVENUE - ZBA f erson AVe.
�U��Ust6 E;aCunha
xPI-
ZZS—
DATE OF HEARING- -,3 X6-AX
PETITIONER
LOCATION
MOTION: TO GRANT SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
POLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
@JOSEPH t CORRENTI.
RICHARD FEB010
EDWARD LUZINSKI
MARY JANE SIIRGWOLT
ASSOCIATE MEMBERS
ARTffUR-t-,T�UE
CONDITIONS: 0,
of
Pourb of (�Appeal
June 3, 1991
Notice is hereby given that as of May 29, 1991 the decision
of the Board of Appeal has been filed in the office of the
City Clerk to grant the petition of Auguste DaCunha for a
Special Permit to allow the premises at 44-46 Jefferson Ave.
for a Coffee Shop/Restaurant.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
rsuant to Section 17 d�
If any shall be ae it I days
r Appeal frorn this decision, all a tile I lark,
the t,4ass.General Laws, chapter sos,a office I t a
ing Of Lhis decision in t a t a ariance
x
after the date�of Ill General Laws, chapter ff until'a co y of the
Fursuant to ",Ss, ed herein 'hall 1 , t at a s have
0, P,rmlt, ram rtif��cat'On Of tl` t it c a eal as been
beAring the ce as outh Essex
decision, � eaj ha ee file r r in t a
elapsed and no ,Pf),, is isse or a e a ,t e o ner f record or
tiled,that it has be an d in ex u 0' a rtificate of Title,
Registry of Deeds d er' a
is recorded and noted t 130ARD OF.APPEAL'
4
MAY 5 3
GIT�
(C-ttT of �jzjjvm, 4RUSj5HrjjU9ptt�`
Boarb of Ap
(a _ .- , peal
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 4011.
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.
I
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 comoliance with the City of Salem Sign Ordinance
Special Permit Granted
May 15, 1991
Fichard Febonio, Member, Board of Appeal
A-COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Ln
Appeal from this decision, if any, shall be made Pursuant to Section 17 dw
the Mass. General Laws, Chapter 808, and shall be filed Within 20 days
after the date of filing of this decision in the office of the City Clerk,
Pursuant to Mass. General Laws. Chapter 808, Section 11, the Variance
or P�e-iai Permit granted hn,ein shall not take effect until a copy of the
deciuion, bearinj the certification of the City Clerk that 20 days have
elapsed ane. no appeal has been filed, or that. it such appeal has been
filed, that it has been dismisse4 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.
ElOARD OF APPEAL,
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 Aug.,to Do
Cunha for a Variance and/or Special Permit to
allow a coffee shop restaurant at 44-46 Jefferson
Ave. (R-1). Said hearing to be held Wednesday,
May 15, 1991 at 7:00 P.M.,One Salem Green, 2nd
floor.
RICHARD A. BENCAL, Chairman
may 1, 8, 1991
600
CITY OF SALrM
BOA
745�D OF.APPEAL
9595 t. 381
Will hold a public hearing for 11 Persons inter
"led in the Petition submitted by Augusta Da
Cunha for a Variance and/or Special Permit to
allow a coffee shop restaurant at 44-46 Jefferson
Ave. (R-1). Said hearing to be held Wednesday
May 15, 1991 at 7:00 P.M., One Salem Green,2,
floor. d
May 1, 8, 199 RICHARD A. BENCAL, Chairman
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons intel
ested in the petition submitted by Augusta Da
Cunha for a Variance and/or Special Permit to
allow a coffee shop restaurant at 44-46 Jefferson
Ave. (R-1). Said hearing to be held Wednesday,
May 15, 1991 at 7:00 P.M., One Salem Green, 2nd
floor.
RICHARD A. BENCAL, Chairman
May 1, 8, 1991
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all ersons inter-
ested in the petiti. P
on submitted by Augusta On
Cunha for a Variance and/or Special Permit to
allow a coffee shop restaurant at 44-46 Jefferson
1�� Ave. (R-1). Said hearing to be held Wednesday,
M '5
May 15, 1991 at 7:00 P.M., One Salem Green, 2nd
floor.
RICHARD A. BENCAL, Chairman
May 1, 8, 1991
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 August. Da
Cunha for a Variance and/or Special Permit to
allow a coffee shop restaurant at 44-46 Jefferson
Ave. (R-1). Said hearing to be held Wednesday,
May 15, 1991 at 7:00 P.M.,One Salem Green,2nd
floor.
May 1, 8, 199 RICHARD A. BENCAL, Chairman
I
APPEAL CASE NO. . . . . . . . . . . . . .. .. . . . . . . .
q4tv of '�$Rlenz' gazzadjusefts
3ivarb of Meal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . .44-46 Jefferson Aven e
. . . . . . . . . . . . . . . . . . . . P. . . . . . . . . . . . .. . . . .. . . . .. . . . . . . . .Sam=; Zoning DistrictR�. . . .
. . . . . . . . . . . . . . . . ; and said parcel is affected by Section(s). . . . . . . . . . . . . . . .
s Building Code.
* * *��'u
of the Mas sett St
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordfnance.
Ui
"'Direci"Appe��
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The Application for. Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or- the Buflding Code and order the Inspector of Buildings to
approve the application fee permit to bufld 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 seeks variance and/or special permit to change an existing nonconforming
use of a fruit, produce, delicatessen .. ii� a store located at the above address
so as to be permitted to operate a coffee shop restaurant serving breakfast and lunch.
See Attached Sheet
Owner . . . . . .
-,,&Address. . .q?.7. . . . . . . . . .
-4�6Telephone. . . . . .. . . . . . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . ..;"'q/-/'e-
. . . . . . . .. .. . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Date. . . .. . . . . . . . . . . . . . . . . .
Telephone.. . ... . . . . . . .. . . . . . . .. . . . . . . . . . I
-7-
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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The premises as shown on the enclosed plan are situated in an
R-I zone adjacent to an industrial type zone. A visual inspection
of the property indicates not only its proximity to business and
industrial uses but also indicates its isolation from other homes
in the R-1 zone.
When the petitioner purchased the premises, the non-
conforming uses were the retail sale of fruit and produce and food
items associated with a delicatessen; coffee, sandwiches, etc.
Common victualler licenses permitting this were obtained and the
certificate of occupancy set forth the deli use.
The Board denied the petition request for a restaurant, coffee
and donut shop in 1983 . The petitioner gradually cleaned up and
improved the area so as to clean ou.t the space in the rear of the
building and adjacent to the building. As improved, the area now
is maintained and there is ample parking for the limited use
requested. This was not apparent on the original request.
The elimination of fruit and produce as a retail product will
make outside maintenance a great deal easier since the contemplated
use will be entirely indoors. Since the deli use did not permit
any sitdown by customers and since the fruit and produce use had
been discontinued, there is a financial hardship to the petitioner.
The land does not, because of ledge, topography, and location,
lend itself to a single family residence, especially with the close
proximity of industrial and business activity.
The use of the premises requested will permit the petitioner
to have a few tables and chairs for customer use. It is submitted
that a real hardship exists as it applies to this parcel of land.
Petitioner, therefore, respectively requests that the Board grant
a use variance and a special permit to change a non-conforming use
so as to be permitted to operate a restaurant cof f ee-shop type
business on the premises.
53
;CITI
(f_tU Of �&UJVM, 4RUSS5UC
t
Boarb of Appeal
(3 1 -
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 4(�A.
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
-ffichard Febonio, Member, Board of Appeal
(n
�n 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 41
the mass. General Laws, Chapter 808, and shall be filed wlthin 20 days
after the date of filing of this decision in the office of the city Clerk,
Pursuant to Mass. General Laws. Chapter 808, Section 11, the Variance
or 9-e-wt Permit q�,anted herein shall not take effect until a copy of the'
deci�ion, bearin-4 the certification of [tie 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 dismisse4l 0, 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,
A,
(ram' man Virtualter's Urruar
CITY OF SALEM
Beit known, that........... ..........L.e.C.A.F-E.....DT.L.-I..............I........................... .....................
is hereby duly licensed according to law, as a
Tamum VidualIrr
at................................................................................ .... .. ...... .. . .. ...... .....Street, in the City
44 Jefferson Ave.
of Salem, and in th;tlt place only.
This License is granted upon condition that the said
Licensee shall well and truly comply with all existing laws of the
Commonwealth of Massachusetts relating to innholders and common
victuallers.
This License expires on the thirty-first day of
December, 19 9-q........
Dated this........................31st
.....................................day of. PeTe.mbe.r. .--..... .............
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...........
L'icensing
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CITY OF SAILEM
Be it known, that.........................LE CAFE DELI
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is hereby duly licensed according to law, as a
(fiantumt
at........._.A.1...!�!�fferson Avenue
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of Salem, and in that place only,
This License is ghinted upon condition that the said
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Commonwealth of Massachusetts 4elating !to innholders and common
victuallem
This License expires on the thirty-first day of
December, 19..e4..
......day of..................October
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DATE . �REG. PROFESS.TDNAI LAND SO /ST ALE: I `= 3c,' APRIL 30, 1991
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,A/U/-113EA OF 13.
CITY OF SALEM 1p-
BOARD OF APPEAL P PA
One Salem Green MAY
MAY
SALEM, MASSACHUSETTS; 0197 (r" oy�-ZIZ
0 71
51
NRY A
RICHARD HE
FIELEN
6 B UE
A 01970
04-30-91.M34-18.5883 1-LEGE
CITY OF SALEM
BOARD OF APPEAL
745-9595 Est. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by Augusto Da
Cunha for a Variance and/or Special Permit to
allow a coffee shop restaurant at 44-46 Jefferson
Ave. (R-1). Said hearing to be held Wednesday,
May 15, 1991 at 7:00 P.M., One Salem Green, 2nd
floor.
RICHARD A. BENCAL, Chairman
May 1, 8, 1991
APPEAL CASE NO. . . . . . . . . .. . . .. . . . . . . . . .
QtV of 5alan, fflasfflar4useffs
29varb of �ppwl
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at No. . .44-46 Jefferson Avp!'PP. . . . . . . . . . . . . . . . . . . .. . . . . ... . . . . .3VW&t; Zoning DistrictRj. . . .
. . . . . . . . ; 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.
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The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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 bufld 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 seeks variance and/or special permit to change an existing nonconforming
use of a fruit, produce, delicatessen - iA a store located at the above address
so as to be permitted to operate a coffee shop restaurant serving breakfast and lunch.
See Attached Sheet
Owner . . . .. . . . .
Address. . . . . . . . . .
Af w�91
- 12
Telephone. . . &�. . . YF. . . . . . . . . . . . . . . . . .
Petitioner. . . . . . . . .!��A 1-1 tZ. . . . . . . . . . . . . . . .
Address
Date. . . . . . . . . . . . . . . . . . . . . .
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.
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The premises as shown on the enclosed plan are situated in an
R-1 zone adjacent to an industrial type zone. A visual inspection
of the property indicates not only its proximity to business and
industrial uses but also indicates its isolation from other homes
in the R-1 zone.
When the petitioner purchased the premises, the non-
conforming uses were the retail sale of fruit and produce and food
items associated with a delicatessen; coffee, sandwiches, etc.
Common victualler licenses permitting this were obtained and the
certificate of occupancy set forth the deli use.
The Board denied the petition request for a restaurant, coffee
and donut shop in 1983 . The petitioner gradually cleaned up and
improved the area so as to clean out the space in the rear of the
building and adjacent to the building. As improved, the area now
is maintained and there is ample parking for the limited use
requested. This was not apparent on the original request.
The elimination of fruit and produce as a retail product will
make outside maintenance a great deal easier since the contemplated
use will be entirely indoors. Since the deli use did not permit
any sitdown by customers and since the fruit and produce use had
been discontinued, there is a financial hardship to the petitioner.
The land does not, because of ledge, topography, and location,
lend itself to a single family residence, especially with the close
proximity of industrial and business activity.
The use of the premises requested will permit the petitioner
to have a few tables and chairs for customer use. It is submitted
that a real hardship exists as it applies to this parcel of land.
Petitioner, therefore, respectively requests that the Board grant
a use variance and a special permit to change a non-conforming use
so as to be permitted to operate a restaurant coffee-shop type
business on the premises.
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DATE OF PERMIT PERMIT NO. LOCATION
WAR
DWEL/LING' MATERIAL DIMENSIONS NO.OFSTORIES NO.OFFAMILIES BUILDER COST
qiqlm BLOGS. MATERIAL NO.OF STORIES BUILDER r-7" �CKET FOLOF�
PLAN NO.SH
/10176 #320 (Owner-Ernest Fratangelo) Remodel store front;new openings for door an(
,9/16/76 Cert.'of OpHlin&XIIIH884ce windows,cement platform at front of building.
I
10/26/76 #473 Build mansard roof over concrete walk to extend 5-4" from building to
property line.
2/1/77 #24 To erect 3'X5' 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 - 11/16/83 - Special Permit to use the premises as a restaurant
coffee & donut shop. AugustoDaCunha-Petitioner
BOARD OF APPEAL: 3/21/84 - Denied hearing, no substantial change from application heard
6
DATE OF PERMIT PERMIT No. OWNER LOCATION
6/� #231 Augusto Dacunha 44 Jefferson Avenue
STRUCTURE MATERIAL DIMENSIONS No.OFSTORIES No.OFFAMILIES WARD COST
Produce & $ 1,200.
Deli
BUILDER
Owner
Remodel;yehang wall covering,suspended ceilings,add new bathroom;no structural change!
11/30/84 #596 Erect sign Le Cafe-Deli)
of
Poarb of �yyeal '83 N`T�
PTV
DECISION ON THE PETITION OF AUGUSTO DACUMHA MTITIONER) , MBSt--
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 not ices
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 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
detrimenta 1 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 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 neig:hbors 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.
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.
7- 0_1
Scott E. Charnas, Acting Secretary
"IML P, !,.AOE P;,RSUANT TO �ECT...-,tj U U 7:2 ;.!.AS3.
NALL SE F::E� 20 DAYS AFTE-R
jF MiS IN TH' OFFICE OF THE Cj' HE DAI
CENERAL U�WS. TY CLERX.
CHAPTER 8,3.,SECTI�fl 11. THE
-S-�(IUL N�T T,�,(:E EF.--ECr UNTIL A COPY OF THE
'r-z L;!F� CULEW: -jiLt,r 21 DAYS
!F %CIj HAV-- ELI',."ZCO A�).) ria f,,,PrAL
-N APPEAL HAS 6�r% F-1-LE. TPA-, IT HAI' 2EEN
IN THE SOUTH ESSEX REGWRY OF 13EEDS AND Vj[),xEL) tjN�
E", fq�
-IF rE�= OR IS RECORDED AND NOTED ON THE OVINER-S CERTIFICATE OF' T;TLE,7--:� L+
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
MINUTES - NOVEMBER 16, 1983
page two
43 Essex St. - Continued
Daniel Benson, 44 Essex St. , agrees with all these objections, many times this
garage is operating well into the evening. There isn' t any room there as it is,
it is very noisy, any increase in use would cause additional suffering. Also
opposed for the same reasons: Pat Miller, 48 Essex St. , Bob Welles, 42 Essex St.
Derek Kavanaugh, 72 Essex St. , Bert Karanish, 64 Essex St. and Walt Ratar, 42
Essex St. In Rebuttal: Ralph Sciavone, to keep with the Historical aspect of
the neighborhood, we went to great expense to renovate, we are willing to get
rid of the tanks which will save on the fire insurance that the neighbors Day, all
we are asking for is four cars, we have let the neighbors use our lot for parking
when they needed to. During the day we park our trucks across the street. John
Collins, I have come to work many mornings and have had no place to park. Mr.
Hacker asked about the cars they are working on, are they on the street. Mr.
Collins said sometimes if we have no room on the lot. Councillor Nowak, I have
had only one complaint and that was taken care of, these fellows have done a good
job. I am sure if you asked Mr. McIntosh, the Building Inspector, he could tell
you he has never had any complaints. Mr. McIntosh said he did have one complaint
about parking but it turned out not be them. Mr. Piemont, the -arage is already
there, isn' t it possible to keep your own ea'uipment on your own lot. If we were
. to accept this, would like to see some restrictions, such as not parking truck on
street. Mr. Charnas, not sure we can do that. Mr. Hopper, they don't have enough
parking for the business they are doing, to increase this is not a good idea, not
compatible with neighborhood. Mr. Hacker, this encroaches on the neighborhood.
Mr. Charnas made a motion to grant the petition. Mr. Piemonte seconded. VOTING
IN OPPOSITION TO THE MOTION: Mr. Charnas, Mr. Hacker, Mr. Hopper. VOTING PRESENT:
Mr. Piemonte. PETITION DENIED.
44-46 Jefferson Ave. - Augusto DaCunha (Petitioner) Ernest Fratangelo(Owner)
Petitioner is requesting a Variance/Special Permit to allow the premises to be
used as a Donut Shop/Restaurant in this R-1 district. Mr. Charnas read the
application and a letter from the Fire Marshal stating they had no objections as
long as the Fire Code was met. Mr. White represented the petitioner, we are here
to substitute one non-conforming use for another. This is under a Purchase and
Salem Agreement, if it is granted it will comply with all the codes. Mr. DaCunha
showed pictures of the property and explained the renovations he plans to make.
There will be parking for approximately ten cars, will have about twenty two seats.
Will have six employees plus two bakers, three employees and one baker per shift.
Mr. Charnas told him he need a minimum of eight parking spaces. Mr. White explaine
they may run into problem because of the ledge, no sure how many we will be able
to get. Mr. DaCunha said the dumpster will be in the rear of the building. Some
of the neighbors said there was a rat problem there at one time. The hours of
operation would be 6 to 11 . Speaking in Favor: Charles Dubrow, 14 Puritan Ave.
Marblehead, I have driven through that area for years, there are many businesses
there, this would be compatible. Ernest Fratangello, owner of the property, tried
to sell the property for a Machine Shop, that was denied, the Donut Shop will be
good in the neighborhood. Speaking in opposition: Gerry Yarosh, speaking for
her mother Anna Yarosh, 23 Calabrese St. and for Rita Higley, 21 Calabrese St. ,
there is a ledge problem, I lived there for many years, the rat problem did exist,
it does not exist now. Any blasting will cause problems, this is not the area
for a donut shop, concerned about the odors from the donut shop. In rebuttal:
Mr. White explained the bakers set there own hours, the doughnuts could be baked
perhaps three or four in the morning. Hearing closed. Mr. Piemonte, concerned
about the waste that could attract rats, also concerned about the parking. Mr.
Charnas asked what happens should there turn out to be a rat problem, what does
the health department do. Mr. McIntosh explained about baiting. Mr. Hacker, this
is a residential zone, but there is a lot of businesses there. I don't think they
will be able to get ten parking spaces in because of the ledge.
MINUTES - NOVEMBER 16, 1983
page three
44-46 Jefferson Ave. - Continued
Mr. Charnas made a motion to grant the petition, Mr. Hopper secot
OPPOSITION TO THE MOTION: Mr. Charnas, Mr. Hacker, Mr. Hopper, I
PETITION DENIED
Off Dove Ave. & Jefferson Ave. - Shaughnessy HosDital
Petitioners are requesting a Variance to allow area at the intersection of Dove
Ave. and Jefferson Ave. to be used for parking. This is an R-2 district. Mr.
Charnas read the application. Mr. Al Levesque, Chairman of the Building and Space
Department of Shaughnessy, represented the petitioner. He explained the hospital
wanted to lease this area from New England Power Co. to take care of the overflow
of parkin.g. People have been parking on Dove Ave. and Jefferson Ave. , this is
a problem, Dove Ave. is very narrow and it interfers with the fire lanes. This
will just be temporary, they are hoping to get something permanent, but will not
be able to before the snow comes. We are hoping to get a couple of dozen cars.
No one appeared in favor. In opposition: Mr. George Gagnon, 17 Bertuccio Ave. ,
what guarantee do we have there would be no noise. Mr. Hacker asked how close
their property was to this area. About 20 - 50 feet. Mr. Levesque explained
most parking will be during the day, we would be willing to limit the hours, it
would be from 6 to 6. Mr. Piemonte asked if they restricted them to no night
hours if that would satisfy their objection. Mr. Gagnon asked about access. Mr.
Levesque said the access would be from Jefferson Ave. Hearing closed. Mr.
Charnas made a motion to grant the petition and allow this area to be used for
parking on condition it be used only between the hours of 6:00 a.m and 6:00 P.M.
seven days a week, to be used only by out-patients and hospital staff, only good
as long as the hospital leases the property, no improvements, especially paving,
are to be done on the property. Mr. Hopper seconded. UNANIMOUSLY GRANTED
3 River St. - Anthony Scoglio
Petitioner is requesting a Special Permit to convert an existing two family
dwelling into a two unit condominium in this R-2 district. Mr. Charnas read the
application and a letter from the Fire Marshal. Attorney John Tierney represented
the petitioner. He explained,many renovations have been done and the property
has been upgraded. This will have no effect on low or moderate income persons.
The house is now vacant, it is a two family and will remain two family. The
tenants moved our in December 1982. There are two parking spaces available. We
will comply with the Fire Code. Mr. Scoglio showed on the plans where the par ing
spaces were located. Speaking in favor: Paul Willis, 4 River St. , the work that
has been done is aood, I am concerned about the Historic Commission's conditions.
Mr. John Carr, 7 river St. , member of the Historic Commission, said the Commission
wants them to put wood shutters, there are some other conditions,which are Public
Information, but could not recall them all right now. This building does seem to
be occupied now, this does not effect my support. Carol Willis, 4 River St. , would
like to see the house finished, I am in favor. Carol Caron, 7 River St. , they
have done a tremendous job, but it should be completed. No one appeared in
opposition. Attorney Tierney explained that the house was not occupied, the
people they think live there are only security people. Mr. Carr, for the past
ten years this has been a single family, it may have been two family prior to that.
The parking is piggyback, the first floor was occupied till about a month ago,
this still has nothing to do with my support. Paul Willis, the tenant down stairs
lived there till about a month ago, there is someone living upstairs now. Mr.
Charnas, I am concern whether there is a tenant there, I am concerned whether
proper notice was given. Att. Tierney, there are no tenants, they are security
people. Mr. Piemonte asked if they could submitted a notorized statement to this
affect. Mr. Hacker, in view of this, would like to continue this till this next
Citu of �hlem, 'M assac ir-ats,
Ja--o
Poarb nf C�" I APR -3 P 2 *51
"INS
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DECISION ON THE PETITION OF AUGUSTO DACUNHPWE�I�ibNERiY
ERNEST FRATANGELO (OWNER) FOR VARIANCE/SPECIAL�'kR'MIT
FOR 44-46 JEFFERSON AVE. , SALEM
A hearing on this petition was held on March 21 , 1984 with the following Board
Members present: Janes Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski and
Strout. Notice of the hearing was sent to abutters and others and notices of th(
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
Scott E. Charnas, Acting Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK
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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 explaine(
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 regulationr
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
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
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The premises as shown on the enclosed plan are situated in an
R-I zone adjacent to an industrial type zone. A visual inspection
of the property indicates not only its proximity to business and
industrial uses but also indicates its isolation from other homes
in the R-1 zone.
When the petitioner purchased the premises, the non-
conforming uses were the retail sale of fruit and produce and food
items associated with a delicatessen; coffee, sandwiches, etc.
Common victualler licenses permitting this were obtained and the
certificate of occupancy set forth the deli use.
The Board denied the petition request for a restaurant, coffee
and donut shop in 1983 . The petitioner gradually cleaned up and
improved the area so as to clean out the space in the rear of the
building and adjacent to the building. As improved, the area now
is maintained and there is ample parking for the limited use
requested. This was not apparent on the original request.
The elimination of fruit and produce as a retail product will
make outside maintenance a great deal easier since the contemplated
use will be entirely indoors. since the deli use did not permit
any sitdown by customers and since the fruit and produce use had
been discontinued, there is a financial hardship to the petitioner.
The land does not, because of ledge, topography, and location,
lend itself to a single family residence, especially with the close
proximity of industrial and business activity.
The use of the premises requested will permit the petitioner
to have a few tables and chairs for customer use. It is submitted
that a real hardship exists as it applies to this parcel of land.
Petitioner, therefore, respectively requests that the Board grant
a use variance and a special permit to change a non-conforming use
so as to be permitted to operate a restaurant coffee-shop type
business on the premises.
BOARD OF' ASSESSORS
CITY HALL PAGE.
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