145 NORTH STREET - ZBA � D
�f R 145 NORTH STREET
� � �
-�-��- -�-_�.J i
i `/ �
1
_�
v J
V
-�
"�
Legal Notice
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext.381 {
will hold a public hearing for all
persons interested in the petition sub-
mitted by JOHN KALANTZIS reques-
ting a Variance from side setback and
lot coverage to construct a 16'x22'
addition on the rear of the building
for the property located at 145
NORTH STREET B-1.Said hearing to
be on WEDNESDAY, NOVEMBER
20, 2002 AT 6:30 P.M., 120 WASH-
INGTON STREET, 3RD FLOOR,
ROOM 313.
Nina Cohen,Chairman
(11/6,13) i
�oeulT CITY OF SALEM9 MASS ACH"E(TQF%ALEM. MA
BOARD OF APPEAL CLERK'S OFFICE
n
120 WASHINGTON STREET, '3RD FLOOR
Sig Ifpa. SALEM, MA O 1970 -
��' TEL. (978) 745-9595
FAx (978) 740-9846 1003 JAN -2 P 3: 5b
STANLEY J. USOVICZ, JR.
MAYOR
DECISION OF THE PETITION OF JOHN KALANTZIS REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 145 NORTH STREET B-1
A hearing on this petition was held December 18, 2002 with the following Board
Members present: Nina Cohen, Bonnie Belair, Nicholas Helides 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.
The petitioner is requesting a Variance from relief from side setback and lot coverage to
construct a.16' x 22' addition for the property located at 145 North Street located in an B-
1 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of the
purpose of the Ordinance.
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. Petitioner presented a site plan showing the location of the proposed 16' x 22'
addition to the rear of the building with a side setback of 0' instead of the required
10'. The petitioner is the owner of King's Roast Beef.
2. Petitioner appeared in November and was requested to return the following
month with a detailed parking plan, which also addressed the traffic flow.
3. There was objection to the petition by an abutter based on the traffic flow plan
and existing noise issues.
4. There was an objection by another abutter to noise cause by early morning and
late night trash removal from the site. The abutter was advised of the existing
noise ordinance and referred to the enforcement official.
DECISION OF THE PETITION OF JOHN KALANTZIS REQUESTING VARIANCE FOR
THE PROPERTY LOCATED AT 145 NORTH STREET B-1
page two
5. Another abutter objected to both the traffic and noise issues and requested that
the exit be moved closer to the building. Discussion of a change of the exit
location was determined to cause potential I injury to both pedestrian and
P 1 rY
vehicles.
6. Another abutter requested both installation of curb stops and enclosure of the
dumpster.
7. Letters in favor to the petition were from Councillor Michael Bencal, Michael
O'Boyle of 141 Rear North Street and David Bonner of 5 School Street.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal concludes as follows
1. Special conditions exist which especially affect the subject property but not the
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0 to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per plans and dimension submitted and approved
by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Certificate of Inspection shall be obtained.
7. Installation of curb stops for all parking spaces.
8. Dumpster to be enclosed.
am
DECISION OF THE PETITION OF JOHN KALANTZIS REQUESTING A VARIANCE
FOR THE PROPERTY LOCATED AT 145 NORTH STREET B-1
page three
VARIANCE GRANTED
DECEMBER 18, 2002
Nicholas Helides �eC
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CIITY 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 day
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is 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
Carlyle Place
141 Rear North Street
Salem, Ma.10970
December 3, 2002
Ms. Nina Cohen
Chairperson
Zoning Board of Appeals
City of Salem
Salem, Ma. 01970
Re. King's Roast Beef Zoning Variance
Dear Ms. Cohen:
I am writing this letter in support of the variance Mr. John Kalantzis,
DBA Kings Roast Beef is proposing for a 16X22 addition to his
existing building. As the added square footage will be used for food
storage and preparation I do not see how this will detrimentally
affect parking and traffic flow. Quite the opposite; as the restaurant's
ability to service customers will improve the waiting time for take out
orders might actually decrease.
This is an instance where commercial development can improve the
community as a whole; help Mr. Kalantzis improve his Salem
restaurant business while not adversely affecting the quality of life of
his residential neighbors.
If you have any questions please feel free to contact me. My work
number is 617-357-3066; home is 978-740-3728.
Sincerely Yours
o�yx-,
Michael O'Boyle
President
Carlyle-Condominium
141 Rear North Street
Salem; Ma. 01970
� .cUwJI'I�90
a 9 Councilor Alirbad 11PeuC�Y
P.O. Box 525
Salem, MA 01970
Tel/Fax 978.744.5946
13 November 2002
Ms. Nina Cohen, Chairperson
Zoning Board of Appeals
City of Salem
Salem, MA 01970
RE: Petition for 115 North St.
Dear Ms. Cohen;
I am writing you in support of the petition for the above listed address. The
planned expansion, as presented to me, will not adversely affect traffic flows or add to
neighborhood congestion. Further, no abutters have notified me of any objections to the
planned expansion.
espectfully;
/Bencal
Councilor for Ward Six
David C. Bonner, Jr. 5 School Street
Unit 8
Salem,Massachusetts 01970
December 6,2002
City of Salem
Dear Sir or Madam:
I am writing in regard to the 145 North Street zoning decision. I support the owner's request for a
variance approval. My Unit overlooks the Kings Roast Beef parking lot and I believe the building
addition planned will have no negative impact on the North Street/School Street community.
Sincerely, �9
�A.A
David Bonner
i
MORTGAGE INSPECTION
PLAN IN
SALEM, MASS.
INIUM
REID LAND SURVEYORS MULTIPLEMOWNERS
365 CHATHAM ST., LYNN, MASS.
fti 44• 1939
TAKING
p`m �; N/F 7.12' 177 S.F.
gEo° %t KRAUTER w
TO THE COMMUNITY CREDIT UNION OF LYNN. 48
ITS SUCCESSORS AND/OR ASSIGNS
AS 'HEIR INTEREST
CERTIFY THAT M
THESUILDING IS LOCATED O
AS SHOWN AND CONFORMED TO THE ZONING O
SET BACK REQUIREMENTS OF THE CITY OF
SALEM WHEN CONSTRUCTED. OR IS M r
EXEMPT FROM VIOLATION ENFORCEMENT C 7
.
UNDER M.G.L TITLE VII CH. 40A SEC. 7. 662 / ±SF.
t!)
ASSESSED
NOTE WHEN OFFSETS ARE ONE FOOT
OR LESS A FULL INSTRUMENT SURVEY UNE
IS RECOMMENDED.
T STORY
VINYL
NOTE FENCES W 45 ' o
DRIVEWAYS. ETC.DO NOT NEC—
ESSARILY REPRESENT PROPERTY
LINES.
2't
145 NORTH ST.
'I, HEREBY. OERTFY TO THE BEST OF MY KNOWLEDGE
ED WI
THAT l}IITHNE PREMISES SHOMRY ON THIS PLAN ARE NOT LGCAT— NOTE: THIS PLAN WAS PREPARED FROM A
SPECIAL FLOOD HAZARD AREA AS DEuNEATED TAPE SURVEY AND IS INTENDED FOR
ON THE MAP OF COMMUNITY #250102_8 PREPARED BY THE MORTGAGE PURPOSES ONLY. OFFSETS SHOWN
FEDERAL 04ERMNCY MANAGEMENT AGENCY OR IT`S ON OR SCALED FROM THIS PLAN, ARE
SUCCESSORS DATED 8/5/85, PANEL T . ZONE a • APPROXIMATE ONLY AND SHOULD NOT BE
I FURTHERDINCERTIFY THAT THIS E 'TECHNICAL WAS pgR_ USED TO DETERMINE PROPERTY LINES.
FORMED W ACCORDANCE WI1H THE 'TECHNICAL SURVEYSTAND- SCALE: 1" = 3p' DATE: DEC. 26. 2001
ARDS M MORTGAGE LOAN INSPECAOPW AS ADOPTED
BY THEE MASSACHUSETTS ASSOCIATION OF LANA ORS
AN'mis TIFICATION DOES NOT INCLUDE SH WALLS.
D CAI. ENCUdEERS, BOOK: 8012 PAGE: 49 CER7,#
FENCES OR DRIVEWAYS AS THEY DO NOT ALRU S INDICATE
CONTROL #".PO1_1733 L
PROPERTY.LINES. WAYS
PROPERTY LINE
CURB
f1111Kd0CTGR f
\ \ PROP. EXIT
(CURB CUT)
P
N � rn
P rn
P D ��
,
,
,
,
,
,
P
,
,
P
,
,
,
,
,
,
,
,
,
,
,
P `
,
,
,
,
,
,
..l
,1
4 � EY, I ST . CURB CUT
P EMPLOYEE P. TO BE CLOSED
LOT LAMP-TYPE.
•1
PROP.
P ADDITION i
W
N 0
N p
f :I
i U)
,
i
,
,
,
,
,
,
EXIST.
BUILDING
VAN-ACCESS.
,
i
W.C. PARK.
,
i
CONC. �
,
,
RAMP
,
,
,
,
,
,
i
PROP. ENTRANCE �� PLAN OF PROPOSED
(CURB CUT) ' PARKING AT KING'S
ROAST BEEF & SEAFOOD
RESTAURANT
145 NORTH ST.,SALEM,MA.
A'&AAA SCALE: I°=10' 12/05/02
NORTH ST. t"OFA+ AK STRUCT. ENG.
89 PEABODY,MA.
ANDREWG
c KUCHINSKY v
v STRUCTURAL H
N0.36769 ►
C►►►S NA �<
� vvv