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111 HIGHLAND AVE & 1 WILLSON STREET - ZBA a � I 111 HIGHLAND AVE/ONE WILLSON ST. PETER BELESIS of Salem, Alssadjuseffs qoQ... PnurD of (�upeal lPR 23 33111 Ci TY Or MASS DECISION ON THE PETITION OF PETER BELESIS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 111 HIGHLAND AVE./ONE WILLSON STREET (R-1) A hearing on this petition was held April 15, 1998 with the following Board Members present: Gary Barrett, Chairman, Richard Dionne, Nina Cohen ,Ronald Harrison and Michael Ward. 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 is requesting a Special Permit to allow the petitioner to operate a take-out style restaurant for the property located at 111 Highland Avenue/One Willson Street (R-1 ) The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, 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. :n 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 Citv'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: I . Attorney Kevin Daly, 30 Church Street represented the petitioner Peter Belesis. The owner of the property Edward Zarorians , was present at the hearing and spoke in favor of the petition. 3 . The proposed restaurant would be a seafood & roast beef take out style, seating around 15 and having a delivery service. There would be parking for 15 cars . The proposed hours of operation would be from 10:00 a.m. to 10:00 p.m. DECISION OF THE PETITION OF PETER BELESIS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 11 HIGHLAND AVENUE/ONE WILLSON STREET two 4 . There would be no expansion to the footprint of the building. 5 . Landscaping would provide for a buffer to the property and a dumpster to be placed behind the building in a fenced in coral . 6. Several letters in opposition were submitted to the board. Councillors Kevin Harvey, Scott McLaughlin and Joan Lovely presented letters in opposition signed by 3 abutters of the property. Mr. & Mrs. Guinta of 117 Highland Ave. , Mr. & Mrs . Economides of 118 Highland Ave. and Bernard Caron of 108 Highland Ave. There was also a petition presented opposed to the petition signed by the following; Mr. Lavoie, 9 Cottage St. , Mr. Griffin of 7 Cottage St. , Mr . Volanty of 1 Willson St. , Mr . Genovese of 108 Highland Ave. , Mr. & Mrs. Von Veiss, 107 Highland Ave & Mr. Pellitier of 6 Cottage St. 7. Those present in opposition to the petition were Stanlev Poirer of 8 Cottage St. and Joseph Marfongelli of 3 Willson Street. S . All those in opposition addressed concerns of traffic being a problem, odors and a possible rodent problems. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: I . The Special Permit requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. Z . The granting of the Special Permit requested will not be in harmonv with the neighborhood and will not promote the public health, safety.convenience and welfare of the City's inhabitants . Therefore, the Zoning Board of Appeal voted 0 in favor, and 5 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED April 13, 1998 Paul Valaskagis rf Member, Board of Appeal _ ^ N ^J (y) v7 7 r O- W Tn N y' � N DECISION OF THE PETITION OF PETER BELESIS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 111 HIGHLAND AVENUE/ONE WILLSON STREET page three 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 MGL 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 MGL 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 or 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 a ^7 W _ O I tJ � m Board of Appeals City of Salem Dear Mr. Chairman and Members of the Board. I would like to express and have read into the record my complete and unequivocal opposition to the application for a takeout food restaurant on Highland Avenue on the former sight of Edward Zarorian's used car lot. The land parcel in question is zoned R-1 and is no place for a restaurant. Further,if one were some to consideration `continuation of similar use' as an argument for approval of the application I am confident that you would see(stating the obvious) that used cars and takeout food have no relationship in this case. I would respectfully ask you to,without reservation,deny this application. Sincerely, Scott J.McLaughlin Councillor At-Large April 15, 1998 To the members of the Board of Appeal, I am writing with some concerns regarding the proposal by Mr. Peter Belesis who is requesting a special permit to operate a" take-out" style restaurant on the property located at 111 Highland Ave which is on the corner of Willson Road. Presently there exists a small used car dealership. My husband and I have several concerns. Traffic is a major problem here on Highland Ave. It is extremely difficult to cross over even just to enter the streets off of Highland Ave. Cars travel very fast on the highway. We are also concerned about the size available for parking. At the present time, the small dealership, who does not have an abundance of customers at one time, have difficulty with parking. Some park right on Highland Ave.! Some park on the very narrow street on Willson. It could pose a major problem. Probably our biggest concern is the hours of operation and the noise level it may create. Living so close to the highway now, I know how noise can travel. I am concerned that it may become a "hang-out" place that is too close to residential homes, One thing that must be considered is its close proximity to our middle and high sohp,b . I am concerned about the safety for all if the permit is granted and I ask the "BY of Appeal to carefully examine this proposal to see it's effects on all of us. I apologize for not being able to attend this meeting and hope that you will give my letter proper consideration. Thank you for your time on this matter. Sincerely, Marlene Lunt John Lunt Mr. Gary Barrett, Chairman April 13, 1998 City of Salem, Board of Appeal One Salem Green Salem,Ma. 01970 Reference: 111 Highland Ave./One Wilson Street, Salem, Massachusetts 01970 Special Permit for"Take Out" Style Restaurant Mr. Chairman, Members of the Board For the record my name is Stanley P. Poirier, I reside at, and own the property located at 8 Cottage Street Salem, Massachusetts, which abuts the property under discussion this evening. ITIO I appear before board to this evening,to voice my objection to the issuance of any Special Permit, which Auld how the petitioner to operate a"TAKE OUT" style restaurant at the at the above referenced location. My objections are based on the following reasons. 1. The property in question is Zoned R-1 and abuts surrounding single family homes. 2. Such a facility would not be in concert with the neighborhood what so ever. 3. Would produce a hang out area for both the High School&Middle School students both during the day and evening hours, Similar to BIG FREDS which is located down town. 4. The odors from the deep frying of food would permeate the neighborhood. 5. Permitting an eating establishment at this location on Highland Avenue would produce a Public Safety Problem as a result of automobile traffic entering and leaving the property. Traffic conditions at this location are already heavily congested and would only exacerbate the present conditions. Respectfully- Stanley P. Poirier 10- - --- - -- - -- - ------- - _Y_ey�ces . O y re--'I aelieaw- - A C' - - --- - -- _a���fo_�r_�yyja���or�r..s �rvs:�hes� ; n -�i��2►-�ea� �o�v, /� t�� _-_17-11�/r e,-tlhellc,rionv _7o ke*. VW li�l 111509u Rol, /�11114eral-_It •-- _ 2 - Ye5'�"2.6GY_car f-GGf- �LS _LD%��/---- - I�Y�; ---- — -- -�� — - - - ------- --- - --- ---- • x • . . ._,. _. , __ _. ..�..... _� . . Y—ter - � _: - T- . . -v. .__'. �__. - •--' . . 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