271 JEFFERSON AVENUE - ZBA (4) fir ty
271 JEFFERSON AVENUE (B-1)
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DECISION OF THE PETITION OF NICKOLAS KARAMBELAS-_RE_QUES_TING 'A
VARIANCE FOR THE PROPERTY LOCATED 'AT`271 JEFFERSON AVENUE , (B=1'),
A hearing on this petition was held June 19, 1996 with the following Board
members present: Gary Barrett, Chairman, Nina Cohen, Albert Hill, Joseph
Ywuc and Richard Dionne. 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, owner of the property request a Variance to allow expansion of
non conforming structure and Variance from parking for the property located
at 271 Jefferson Avenue.
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. Petitioner's property, a three story residential building with a pet
supply occupying the first floor is presently a a mixed-use property
in a predominantly residential neighborhood.
2. Petitioner previously came before the ZBA in 1995 with a request to
increase the number of units in the building. The original request
was denied by this Board on September 27, 1995.
3. Subsequently, petitioner modified his plan, and on April 4, 1996
received from the Salem Planning Board a determination that the new
constituted a specific and material change form the original plans.
4. Petitioner's special permit request was supported by a petition
signed by 11 neighbors, who contend that the petitioner's plan
addresses the concerns of the neighborhood regarding increased density
and parking problems.
5. Petitioner' s request also received support from neighbors Henry
Gagnon and William Bailey, and from Ward Councillor John Donohue.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general .
DECISION OF THE PETITION OF NICKOLAS KARAMBELAS REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 271 JEFFERSON AVENUE (B-1 )
page two
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
3. Petitioner shall obtain building permit prior to beginning any
construction.
4. A Certificate of Inspection is to be obtained.
5. All construction shall be done as per the plans and dimensions
submitted.
6. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
June 19, 1996 .
Nina Cohen, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
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
WE, THE UNDERSIGNED ABUTTERS AND NEIGHBORS, PETITION THE SALEM
PLANNING BOARD TO GRANT THE REQUESTED PETITION FOR
RECONSIDERATION TO ALLOW THE PETITION FOR A SPECIAL PERMIT AND
VARIANCE OF NIKOLAOS KARAMBELAS AT 271 JEFFERSON AVENUE TO BE
HEARD BY THE SALEM BOARD OF APPEAL.
THE NEW PETITION FOR A SPECIAL PERMIT AND VARIANCE CONTAINS
SPECIFIC AND MATERIAL CHANGES FROM THE ORIGINAL PLAN PRESENTED
TO AND REJECTED BY THE BOARD OF APPEAL ON SEPTEMBER 20, 1995.
THE ORIGINAL PLAN WOULD HAVE ADDED AN ADDITIONAL STORY TO THE
STRUCTURE, THE NEW PLAN INCLUDES A MINIMAL CHANGE AND DOES NOT
INCREASE THE HEIGHT OF THE BUILDING.
ALL OF THE PARKING CONCERNS OF THE NEIGHBORS HAVE BEEN
SATISFACTORILY ADDRESSED.
FJ ✓L Choi ki*dr. �j John Chanaj 75 LawrenceStreet
�lO�AilO4 Grace Chanaj 75 Lawrence Street
David Provencher 72 Lawrence Street
Christine Provencher 72 Lawrence Street
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Paula Gagnon 75 1/2 Lawrence Street
Kenneth Gagnon 75 1/2 Lawrence Street
Edward Bradstreet 263 Jefferson Avenue
Carlos Gomes 70 Lawrence Street
All"VA a—JLaurie Gomes 70 Lawrence Street
V 4, William Bailey 74 Lawrence Street
_ George Jeter 272 Jefferson Avenue
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Nick Karambelas 271 Jefferson Avenue
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COUNCILLORS-AT-LARGE JOHN J.DONAHUE WARD COUNCILLORS
PRESIDENT
1996 DEBORAH E.BURKINSHAW 1996
THOMAS H.FUREY CITY CLERK PETER L.PASKOWSKI
KEVIN R.HARVEY REGINA R.FLYNN
SCOTTJ MCLAUGHLIN JOHNJ DONAHUE
STANLEY J.USOVICZ,JR. LEONARD F.O'LEARY
WILLIAM A KELLEY
SARAH M.HAYES
MARK E.BLAIR
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April 16, 1996
Mr. Stephen Touchette
Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Re: 271 Jefferson Avenue
Dear Mr. Touchette:
On April 4, 1996, in accordance with Massachusetts General Laws Chapter 40A, Section
16, the Salem Planning Board met to discuss the application of Nikolas Karambelas for a
"Determination of Specific and Material Change" to his plans for 271 Jefferson Avenue which
was denied by the Board of Appeal on September 20, 1995.
According to the law, there must be an affirmative vote of all but one member of the nine
member Planning Board to approve the specific and material change request.
The specific and material changes shown to the Board included the elimination of the
third floor addition and an increased amount of parking in the lot. On April 4, 1996, the
Planning Board voted by a vote of eight (8) in favor, one (1) opposed to accept the specific and
material charge and refer the application back to the Board of Appeal for reconsideration.
Sincerely,
/l/G2 �� / (/✓li G' L
Walter B. Power, III
Chairman
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