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124 BOSTON STREET - LAFKAS, JAMES - ZBA 124 Boston St. B_2 James Lafkas C�3L_ ' 9 v •4 Ctu of .IICIII Aic'ISSaclliIutto! Moura of -Av 1791 DECISION ON THE PETITION OF JAMES LAFKAS FOR FOR A VARIANCE AT 124 BOSTON ST. M-2) A hearing on this petition was held June 19, 1991 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane Stirgwolt and Associate Member Ronald Plante. 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, owner of the property, is requesting a Variance from parking to allow the a pizza shop in this B-2 district. The Variance which has been requested may be granted upon a finding of the 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 structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 or 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 . Councillor Leonard O'Leary spoke in favor of the petition. 2. Mr. Chin, proprietor of the Kiki's restaurant at 127 Boston St. had concerns that were addressed by the petitioner's Counsel to his satisfaction and he changed his opposition to one of favor. 3. Allowing this petition would enhance the small business climate in the City of Salem. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially effect the subject property and not the district in general. 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner. 3. The relief requested 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. �P DECISION ON THE PETITION OF JAMES LAFKAS FOR A VARIANCE AT 124 BOSTON STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance requested, subject to the following conditions: 1 . That all renovations be in compliance with city and state building codes. 2. A Certificate of Occupancy be obtained from the Building Inspector. 3. That all requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 4. That there will be no sit down service, all service shall be take-out only. 5. That the hours of operation be limited to those hours granted by the Licensing Board. 6. Exterior sign or lighting be approved by the Entrance Corridor Overlay District Committee. Variance Granted June 19, 1991 Richard Febonio, 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 .3 the Mass. General Laws, Chapter 808, and shall be filed within 20 days 1 niter the date.of filinC of this dcci:ion in the c!lice of the City Clerk. `.o Mass. General La Ns. C'.i .''ar 808, Se.;lioo 11, liic Variance Pcrmit 7r-n1r' h`:^:io s!a;.;: n^• f::ke affect until a .oai of the .. s:na. to;,n,,3 the ca:hflca;ion :IT ;. a City C'crk that 20 days have :I.pscd acd no cp^cr.l h.-:r. Le^•i f!ad. cr that, if such appeal has been -� f,l:1. that it has been dismisseu or ('en!ed s recorded in the South Essex �_— fienstry of Decd; and indexed under the n.m^_ or the owner of record or 3 `-� Is recorded and noted sa the ov:a.r's Certificate of Title. BOARD OF APPEAL: n Cit" of � tPIIt, ?1lcISScIC�T1ISPtt� i' Bourb of A DECISION ON THE PETITION OF JAMES LAFKAS FOR FOR A VARIANCE AT 124 BOSTON ST. (B-2) A hearing on this petition was held June 19, 1991 with the following Board Members present: Richard Bencal, Chairman; Richard Febonio, Edward Luzinski, Mary Jane Stirgwolt and Associate Member Ronald Plante. 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, owner of the property, is requesting a Variance from parking to allow the a pizza shop in this B-2 district. The Variance .which has been requested may be granted upon a finding of the 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 structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 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 or 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 . Councillor Leonard O'Leary spoke in favor of the petition. 2. Mr. Chin, proprietor of the Kiki's restaurant at 127 Boston St. had concerns that were addressed by the petitioner's Counsel to his satisfaction and he changed his opposition to one of favor. 3. Allowing this petition would enhance the small business climate in the City of Salem. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially effect the subject property and not the district in general. 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner. 3. The relief requested 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 JAMES LAFKAS FOR A VARIANCE AT 124 BOSTON STREET, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance requested, subject to the following conditions: 1 . That all renovations be in compliance with city and state building codes. 2. A Certificate of Occupancy be obtained from the Building Inspector. 3. That all requirements of the Salem Fire Department relative to smoke and fire safety be strictly adhered to. 4. That there will be no sit down service, all service shall be take-out only. 5. That the hours of operation be limited to those hours granted by the Licensing Board. 6. Exterior sign or lighting be approved by the Entrance Corridor Overlay District Committee. Variance Granted June 19, 1991 ichard Febonio, 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 -_z the Mass. General Laws, Chapter 808, and shall be filed within 20 days :,Iter the date.of Pilin- of this decis,on in the office of the City Clerk. ''� p,•.-:r.n! to PAass. Gene,.-:i Lams, C'.r .='ar go-o, sectioe 11. Gie Variance =�7 - - >.•c^ia! Permit -rr•:c''. I:,:^.i❑ c.r,:.;: v,� Uke effeci Aril n .iopY of the Cfy C'a!k that 20 cUVs have N -- -:I:psodand no ­P-c&; h=.r. ire'^r f!_rl. cr that, if such appeal nos been _ W:', that it has been dismissed or denied is recorded in the South Essex f—" Registry of Deed; and indexed un:ler the name or the owner of record or 3 is recorded and noted +a the ov;: _.r's Certificate of Title. BOARD OF APPEAL ,cu>mqM b (1�it of �Sttlem, ttsstttlju�etts ;r�__ �F �nttra of ��rpeul ki'q��e1mT.�Mr' July 3, 1. 1991 Notice is hereby given that as of July 2,1991 the decision of the Board of Appeal has been filed in the office of the City Clerk to grant the petition ofJames Lafkas forevariance to allow a pizza shop at 124 Boston St . BOARD OF APPEAL Brenda M. Sumrall Clerk of the Board th ectal from thisGeneral l Lawon, if any, shaft be made pursuant to Section 17 of the Mase. Genera!laws, Ohapter 8o8, and shall be filed within 20 days ager the to mass, flfing of this decision in the office of the City Clerk. Pursuant to Mass. F.eneral Laws, pj_ the or !ectal.Perml( przn!e:' herein shall aat take sffect u^til a r, Variance decision, begring the cei aificatio,; Of " City e ctf that?_0 daysph Of the filed, that and no appe,-,I has been me - ar that, if su;:h appeal t:as been Regi that f has tram dismissed Cr r`epie'; is rc:ordcd in the South Essex Registry of Deeds and Indexed under the name or the owner of record or IB recorded and noted•n the o veer-s Certificate of Titio. BOARD OF APPEAL f cp JERRING PETITIONS' LOCATION_ MOTION: TO GRANT ST "n s G �� SECOND - v TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE RICHARD BENCAL JOSEPH CORREYV-T- _ RICHARD FEBONIO EDWARD LUZINSKI MARY JANE STIRGWOLT T/ ASSOCIATE MEMBERS \/ rr - 1 ARTHUR LABRECOUE CONDITIONS: S R C P. �Ji / DATE OF HEARING � PETITIONER �y� LOCATION MOTION: TO GRANT SECOND SECOND TO DENY SECOND TO RE-HEAR SECOND LEAVE TO WITHDRAW SECOND . TO CONTINUE SECOND ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE 0 RICHARD BENCAL 141v JOSEPH CORRENTI_ ✓ RICHARD''FEBONIO v EDWARD LUZINSKI MARY JANE STIRGWOLT SOCIATE MBERS ARTHUR LABRECQUE CONDITIONS: �� C d c% 09 All Z�J'44 4 _c 41 5 5, -7 `-LG- lir - .-rss b f0-e�a�7�i �y -Tac -o✓�" //7✓ /-6 lj �G U✓✓lam /J:J�'C-7- G.n.,... 7=xct APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . of Salem, assttc4lauffs Dnrb of �Fpcnl TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located ati,'0. , 124,Boston Street; Zoning District. , , . . . B-?. . . . . . . . . . . . . . . . . . . . ; and ' said parcel is affected by Section(s) . . .?c6 . . . . . . . . . Of the LSH 7{$H}i7�7d4X4C7�d�L Salem Zoning By-Laws Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Direct Appeal V) Vi 7C S W n Lr a* sa mom. PO uw Pu Ln _ 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 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 su4stantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: The land and buildings' in question have existed on the lot for a number of years, according to the owner, and are clearly non-conforming in accorance with the requirements of the Salem Zoning By-Law in that they do not provide adequate parking. According to the requirements of the Salem Zoning By-Law, you wold need at least 16 parking spaces for a pizza shop in that location. Under a strict interpretation of the Zoning By-Law, no business would be allowed on the premises without a grant of a special permit by the Board of Appeals waiving the parking requirement. The Petitioner currently owns the property in question and wishes to open a take out pizza business. The property had been previously used as a restaurant Petitioner respectfully requests that the Salem Zoning Board of Appeals vary the requirements so as to allow him to open a pizza shop on the property with six on site parking spaces. It is the Petitioner's belief that the granting of this special request would not in any way derogate from the intent of the Zoning By-Law nor, would it in any fashion cause the detriment to the public good. Owner. . . . . . . Address. . . ��/ . . .!�.'�?` . . . . . . . . . . Telephone. . . . . James k s ; Petitioner.$Y, . . . . Ro T a.' is oux, *0 . 1Address. . Ledoux, Whipple, &, King 1 .P..q Date: !. . . . . . . . . . . . . . 49 Federal Street, Salem, MA 01970 Telephone. . (sos) 363 ... . .3 . . . . . , , By. . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . Tri-e copies of the application must be filed with the Secretary of the Board of Ap,�-als with a check, for advertising in the amount of. . . . . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check, payable to The �a�4o� bnod �3ap�o� �1��oa�nQo�� BoQo F-07(07 Professional Land Surveyors & Civil Engineers MORTGAGE INSPECTION ESSEX SURVEY SERVICE 1958 - 1986 PIAT PLAN OF LAND OSBORN PALMER 1911 . 19,70 LOCATED IN BRADFORD & WEED 1885 - 1972 SALEM , MASS. nSF Binns 319, sa Ugra9e ` ta N�1 4 N C)FN nffkary UI nes r> CE"^P�a'(66 n1F SouT{nders -- Cn 3=0" 4 MIN, 2 2 S+Ory [ r f.F Dwellin PI`•t ' A/o.124 vo'e +.wAfxnsa.< 04 sicr ly �3.OS'TOA) cST2EET I, Christopher R. Mello, A Registered Land Surveyor, Do Hereby Certify That The Above Mortgage Inspection Plot Plan Was Prepared For An+;co L 8cr. kc In Connection With A New Mortgage And Is Not Intended Or Repres—ented To Be A land Or Property Line Survey. No Corners Were Set. It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility Is Extended Herein o The Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording. The Location Of The Dwelling As Shown Hereon This Plan Has Been Prepared For Is In Compliance-With The Local Applicable Conveyancing Purposes Only For The Zoning By-Laws In Effect When Constructed, };'' Above Party And Is Not To Be Used With Respect To Horizontal Dimensional , _ . For Boundary Measurements. Requirements Or Chapter 481 Of 1987. `s !, Subject Property Is Located In C Zone On A Federal Insurance Acriin stration Designated Flood SCALE: /"=•20' Hazard Area As Per Map ZSoIoZ DATE: TAN, 31 199f SCE: DF&D BK 10368 PG 323 40 LOWELL STREET PEABODY, MASS. 01960 (508)531.8121 PAY-1gnA1 911.901^ sS � eo. se 2 C ��� . , %tai z�•� �Bso s�Is 2/6 � ,e2 Jo ly 4'6�, �2� a RFFT , a,9p S6 /IJ yJ �� p9O OlO a.� a O F6TS 1 4v c .t2CQ o 22 F•i'o, ' ?9pp aC. • /p3 a /�',• 4v���2� ,y •J � � y �1 JJ 9 /�2�/ j�.s Jp 4,5 , '•f ''' �Q' :\�n, /6/ / 216 V IJa :.5,T `e� �2 Jo _ / �/ �! 79 y/`cS /� •7 to ��0. '"0 'l I? ' 4/pS, Bop .. sLso s//3 //6 ` � ''p /2g / / • \ �/ 99 ��:lC�llO� ��:.>uslJ ��:J� VO� (.UC1ClOQL14.711QG1� � (��70 F07&7 Professional Land Surveyors & Civil Engineers MORTGAGE INSPECTION ESSEX SURVEY SERVICE 1958 - 1986 PLAT PLAN OF LAND OSBORN PALMER 15111 . 1970 LOCATED IN BRADFORD & WEED 1885 • 1972 SALEM , MASS. nf� Burns Ggra9e N� . i z 7J- M N 4 � nff karnes c, C�l,�o,l6b /71F Sn unc/crs PA-leK!f-4 5-D`! Y11 AJ, 6 °Yon 4� M 1 N, 2 Z S+Ory 1 1 1'.� I 11' .. to44 . T 1•, DeCK Dwelligy Al0.12 } \ sicf i j 39'9° ' Q.OSTON cs'T2EET I, Christopher R. Mello, A Registered Land Surveyor, Do Hereby Certify That The Above Mortgage Inspection Plot Plan Was Prepared .For An1lco Scl,eeff Z du�kc In Connection With A New Mortgage And Is Not Intended Or Represent, o Be A Lana Or Property Line Survey. No Corners Were Set. It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility Is Extended Herein7o The Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording. The Location Of The Dwelling As Shown Hereon This Plan Has Been Prepared For Is In Compliance-With The Local Applicable Conveyancing P Zoning By-Laws In Effect When Constructed x:n y ng urposes Only For The With Respect To Horizontal Dimensional ' Above Party And Is Not To Be Used For Boundary Measurements. Requirements Or Chapter 481 Of 1987. >~ ? Subject Property Is Located In C Zone On A Federal Insurance SCALE: I"=.?-0' AAlnTistration Designated Flood is Hazard Area, As Per Map 2 So roZ DATE: TAN,3 199t REFERENCE: DEED BK I0345 PG 3Z3 -' 40 LOWELL STREET PEABODY, MASS. 01960 (508) 531.8121 . FAY.19AM 511.901n CITY OF SALEM' i I. -BOARD OF APPEAL CITY OF SALEM 745-9595 Ext. 381 BOARD OF APPEAL Will hold a public hearing for all persons inter- 745-9595 Ext. 381 - ested in the petition submitted by James Lafkas Will hold a public hearing for all persons inter- for a Variabee from parking to allow a pizza shop I ested in the petition submitted by James Lafkas at 124 Boston St. (B-2). Said hearing to be held for a Variance from parking to allow a pizza shop Wednesday,June 19,1991 at 7.00 P.M.,One Salem at 124 Boston St. (11-2). Said hearing to be held Green, 2nd floor. Wednesday,June 19,1991 at 7.00 P.M.,One Salem - RICHARD A. BENCAL, Chairman Green, 2nd floor. June 5, 12, 1991 RICHARD A. BENCAL, Chairman June 5, 12, 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 James Lafkas for a Variance fromparking to allow a pizza shop at 124 Boston St. (B-2). Said hearing to be held Wednesday,June 19,1991 at 7.00 P.M.,One Salem Green, 2nd floor. RICHARD A. BENCAL, Chairman - June 5, 12, 1991 APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . of Salem, c�5ra21L LISP t5 , ' oarb of �Ffcal TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at k0. . ??4,Boston Street; Zoning District. . . . . . . B-?. . . . . . . . . . . . . . . . . . . . ; and said parte] is affected by Section(s) . . .?c6 Of the A�aXSi�}i�X] X7g tadm Salem Zoning By-Laws Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A, 1 of the Zoning Ordinance. Direct Appeal • � O� VI � w N r Q W CJ X a r a X C>-< C) �-- CD U. W. � N CD „ter_ tf77 co V � 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 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: The land and buildings' in question have existed on the lot for a number of years, according to the owner, and are clearly non-conforming in accorance with the requirements of the Salem Zoning By-Law in that they do not provide adequate parking. According to the requirements of the Salem Zoning By-Law, you wold need at least 16 parking spaces for a pizza shop in that location. Under a strict interpretation of the Zoning By-Law, no business would be allowed on the premises without a grant of a special permit by the Board of Appeals waiving the parking requirement. The Petitioner currently owns the property in question and wishes to open a take out pizza business. The property had been previously used as a restaurant Petitioner respectfully requests that the Salem Zoning Board of Appeals vary the requirements so as to allow him to open a pizza shop on the property with six on site parking spaces. It is the Petitioner's belief that the granting of this special request would not in any way derogate from the intent of the Zoning By-Law nor would it in any fashion cause the detriment to the public good. Owner. .� � lr!Q � . . . . . . . . . . Address. . . c� . . . . . . . . . . Telephone. . . . //?Y� James k s Petitioner.$Y; R ) E T A. L OUX, Q. -- - o � Address. , M941s,. Whipple & KingJ P.C. 1 49 Federal Street, Salem, MA 01970 �. . . .. . . . . . . . . TelephOne. . 363 . . . . . . . . .3 . . . . . . . By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Th­-e copies of the application must be filed with the Secretary of the Board of Ap;eals with a check, for advertising in the amount of. . . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The fe Salem Historical Commission ONE SALEM GREEN.SALEM. MASSACHUSETTS 01970 (61 7) 745-9595. EXT.311 June 13 , 1991 Richard Bencal, Chairman Board of Appeal One Salem Green Salem, MA 01970 Dear Chairman Bencal : The Salem Historical Commission is in receipt of your agenda for June 19, 1991 of which petitions for 6 Ober Street-,,,,17 Skerr-y Street, 393 Essex Street, 156 Brdige Street and 124 Boston Street will be heard. Enclosed for your information are building survey forms for these 5 properties, which are between 75 and 250 years old. While the Commission takes no position on these petitions, we are hopeful that the decisions made on these buildings will be with careful consideration of their historic architecture . In this regard, the Commission would be pleased to offer design review, should the Board of Appeal request such services . Please also be advised that 393 Essex Street is located within the McIntire Historic District and any work proposed for the exterior of the property will require Commission review and approval . Thank you for your consideration. Sincerely, THE SALEM HISTORICAL COMMISSION Annie C . Harris Chairman J4132 In Area no. Form no. SAM Block Lot ;SION 168 157 3 1S >ton F- , 1. Town Salem, MA Address 174 Boston Str Pt Name Present use residential/commercial ■ Present owner 3. Description: IDate 189 Source observation - - Style �l !IUon Architect 7 Exterior wall fabric flushboards in front, clapboards on side. 3 x 3 bay, 3 plate Greek Revival. Outbuildings (describe) 9—car maGonry aarac Open gable to street with boxed & Other features molded cornices. Brackets under eaves. 2 windows in the gable with la- beled, molded sash. Altered Date Door in lst bay front with Victo- Moved Date rian hood and transom light. 5. Lot size. Commercial front, (Double doors in 2nd bay front) . One acre or less s9a09t Over one acre Rectangular bay in 1st bay 2nd Approximate frontage 40' floor with flat hood & brackets. Hooded window with brackets in Approximate distance of building from street front second floor. 2/2 windows. O NOT WRITE IN THIS SPACE 6. Recorded by Paul ;q & Karen Walsl-. USGS Quadrant Organization Historic Salem, Inc. HC Photo no. Date 4-12-78 5UT' Ci ' AAAF ON 36-,GK (over) 6C.4 (9rw-9x7(.) J y 7. Original owner (if known) Original use regi APnti Al Subsequent uses (if any) and dates ,-o,i j,nt i al/nornrnarri al 8. Themes (check as many as applicable) Aboriginal Conservation Recreation Agricultural Education Religion Architectural � Exploration/ Science/ The Arts — settlement invention Commerce x Industry Social/ Communication Military humanitarian Community development Political Transportation 9. Historical significance (include explanation of themes checked above) This once fine Greek Revival house was moved onto this lot sometime in the 18801s. It does not appear on the 1874 Salem Atlas, and it could have been moved here or built by the Edwards family. LV A T S 0 N 10. Bibliography and/or references (such as local histories, deeds, assessor's records, early maps, etc.) Salem Atlases — 1874, 197. s 'ITStv of , alem, 'fanachUsefts Aire Department �Heabquartcrz uanc 48 ?1afra}:effe �ifrret Joseph F. Sullivan o ttlem, Sffin. 01970 Chief City of Salem Date: June 19, 1991 Board of Appeal One Salem Green RE: 124 Boston Street James Lafkas Salem, MA 01970 The Salem Fire Department has no objection to the granting of a Special Permit and/or Variance to allow: parking and the establishment of a pizza slop. subject to the following conditions: 1- This property (has no) f compliance with the provisions of the Massachusetts General Laws, Chapter 148, Section 26E, relative to the installation of automatic smoke detectors. This Dronerty will require a full fire alarm system. The hood and duct system plus the extinguishing system will be tied into the fire alarm sys- tAm also_ A Knox Box will be installed on the front of building. 2- Plans for the proposed construction are to be presented to the Salem Fire Prevention Bureau for approval prior to the issuance of a building permit. 3- The proposed construction shall conform to all applicable provisions of the Massa- chusetts State Building Code, the Salem Fire Prevention Code, 527CMR(Code of Massa- chuestts Regulations) , the Salem City Ordinances, and Massachusetts General Laws relative to fire and public safety. 4- The applicant and/or contractor shall arrange for an inspection by the Salem Fire Prevention Bureau upon completion of the work. Signed, aPo3jj'� Fire Inspector cc: file applicant I �n��o� bead �3np�o� a��oa�nQo�a IIDQo F071o7 Professional Land Surveyors & Civil Engineers MORTGAGE INSPECTION ESSEX SURVEY SERVICE 1958 . 1986 PIAT PLAN OF LAND OSBORN PALMER 1911 . 1970 LOCATED IN BRADFORD & WEED 1885 - 1972 SALEM , MASS. `\ Iv nfF Burns Uaroy2 . ♦ Hf c-v M K �3 r m t- nff ka rnes 5 CF.r-tp�o�(66 pfr- So CI nders �0 6 Nll� 3=0" 4t MIN. / r Znd SJ..Y .-.Y',1!:R CT Lf, Dn PiA.'r Si velli No.t2k ♦ pi BOSTON 67-REET 'ro ,5tSCK S'A I, Christopher R. Mello, A Registered Land Surveyor, Do Hereby Certify That The Above Mortgage Inspection Plot Plan Was Prepared .For Ani-'co Sn.-efj- t &ui ke, In Connection..With.A New Mortgage And Is Not Intended Or Represente To Be A La Or Property Line Survey. No Corners Were Set. It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility Is Extended 44eno To The Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording. The Location Of The Dwelling As Shown Hereon This Plan Has Been Prepared For Is In Compliance-With The Local Applicable Conveyancing Purposes Only For The Zoning By-Laws In Effect When Constructed, ,} :" Above Party And Is.Not To Be Used With Respect To Horizontal Dimensional N For Boundary Measurements. Requirements Or Chapter 481 Of 1987. Subject Property Is Located In C Zone On A Federal Insurance SCALE: /"=20' � TI nisstration Designated Flood Hazard Area, As Per Map ZSo/oz DATE: 7-AN. 3 /991 REFERENCE: pEeo BK 103 6 5 PG 3Z3 " ® 40 LOWELL STREET PEABODY, MASS. 01960 (508) 531.8121 " WAY./cnn% 671.901n APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . K- `° �itg of Gahm, a5s5nc4usetfs ^\}v� J' > Darb of �ppcaf TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at NO. ??4•Boston . . . . . . . . . . . . • • • , • ,Street; Zoning District. . .. . . B-?. . . . . . . andsaid parcel is affected by Section(s) . . .M , , , , • , , , • of theX$H1➢7�] 9X4gCX��{ Salem Zoning By-Laws Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. Direct Appeal a me cn l (� W-q _ C) t7�� c r 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 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: The land and buildings' in question have existed on the lot for a number of years, according to the owner, and are clearly non-conforming in accorance with the requirements of the Salem Zoning By-Law in that they do not provide adequate parking. According to the requirements of the Salem Zoning By-Law, you wold need at least 16 parking spaces for a pizza shop in that location. Under a strict interpretation of the Zoning By-Law, no business would be allowed on the premises without a grant of a special permit by the Board of Appeals waiving the parking requirement. The Petitioner currently owns the property in question and wishes to open a take out pizza business. The property had been previously used as a restaurant Petitioner respectfully requests that the Salem Zoning Board of Appeals vary the requirements so as to allow him to open a pizza shop on the property with six on site parking spaces. It is the Petitioner's belief that the granting of this special request would not in any way derogate from the intent of the Zo ng By-Law nor would it in any fashion cause the detriment to the public good. Owner. . . . . . . . . . . . Address. . . .,a y. . . . . . . . . . . . Telephone. . . . gaOET k�Ko Petitioner.6x; . . . . .OL , Q. � _ -• Address. ,LeaoyX, Whipple. &. Fin&J •P:C. Dat2: l �. . . . . . . . . . . . . . 49 Federal Street, Salem, MA 01970 Tel ephone. . (5M .745.-.3.3.6.3. , By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tt­-e copies of the application must be filed with the Secretary of the Board of Ar:-als with a check, for advertising in the amount of. . . . . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The �a�QOP�t1 band �Dp�I4� Q��OQ�nQO�� ��Qo F871o7 Professional Land Surveyors & Civil Engineers MORTGAGE INSPECTION ESSEX SURVEY SERVICE 1958 - 1986 PIAT PLAN OF LAND OSBORN PALMER 1911 - 1970 LOCATED IN BRADFORD & WEED 1885 - 1972 SALEM , MASS. hSF Buns .s. . Ugrp9e ♦ ♦ Nf 2 CZ a z� 3 M j: '4Z d irn _ nffkarnes g C�p�ay6b nff= S�undcrs �n�tir 6 s=o" 4t MIN, 2 i S+ory i�, •. 71JS4-7 {Tlii U 1 f'.Lfr r . DeCK Dwelling r.: A/o.I ZA vd. 4.wofsons4.< o -/.%b ody 39'9" C3OSTON � T2EET I, Christopher R. Mello, A Registered Land Surveyor, Do Hereby Certify That The Above Mortgage Inspection Plot Plan Was Prepared .For 2 Ga�ke In Connection With A New Mortgage And Is Not Intended Or Represented To Be A Land Or Property Line Survey. No Corners Were Set. It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility Is Extended Herein o The Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording. The Location Of The Dwelling As Shown Hereon This Plan Has Been Prepared For Is In Compliance-With The Local Applicable Conveyancing Purposes Only For The Zoning By-haws In Effect When Constructed, a;a?';f. Above Party And Is Not To Be Used With Respect To Horizontal Dimensional For Boundary Measurements. Requirements Or Chapter 481 Of 1987. Subject Property Is Located In y C Zone On A Federal Insurance SCALE: /"=.7-07OR'nistration Designated Flood . .. Hazard Area, As Per Map ZSoloz. DATE: TAN, 31 199t REFERENCE: DFeD BK 10368 PG 3Z3 40 LOWELL STREET PEABODY, MASS. 01960 .(508) 531.8121 ray./SnQ% 9g1.c0on 2n34on ba©d gwmy LOO(DA54oaa Baan F07(o7 Professional Land Surveyors 8 Civil Engineers MORTGAGE INSPECTION ESSEX SURVEY SERVICE. 1958 . 1986 PLOT PLAN OF LAND OSBORN PALMER 1911 . 1970 LOCATED IN BRADFORD 8 WEED 1885 - 1972 SALEM , MASS. w\ Iv nfF Burns n � Ht N f' Qfi � M m fP VI 4 N nkkarnes 5 C�•1���aK66 /7JF Saenders F)D�t-Kl hl n Kiti, 6 3=0"' 4, MINI' I A . ZOd$�o.1. 1?1! .L 1 I:I_f DecK P . . Dwelling No,r24 2�0 . +ouPfso,s+.<- oe $4cr -"9 13OS-roAI �577CEET I, Christopher R. Mello, A Registered Land Surveyor, Do Hereby Certify That The Above Mortgage Inspection Plot Plan Was Prepared For AmicP, In Connection With A New Mortgage And Is Not Intended Or Represented To Be A-Land Or Property Line Survey. No Corners Were Set. It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility Is Extended HereTin To The Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording. The Location Of The Dwelling As Shown Hereon This. Plan Has Been Prepared For Is In Compliance With The Local Applicable Conveyancing Purposes Only For The Zoning By-Laws In Effect When Constructed, Above Party And Is Not To Be Used With Respect To Horizontal Dimensional ""_' ' :, For Boundary Measurements. Requirements Or Chapter 481 Of 1987. Subject Property Is Located In C Zone On A Federal Insurance �s Adm'Tnii stration Designated Flood SCALE: I"=-10' ; u: Hazard Area, As Per Map Zsoloz DATE: -i-AN, 3, /99t REFERENCE: DEE-D BK 1o3G8 PG 3Z3 40 LOWELL STREET PEABODY, MASS. 01960 (508)531.8121 FAX: (508) 531.5920 - �n�QO� bn©d ��pDO� G��a0a�n40�� CSQQo F07(o7 Professional Land Surveyors & Civil Engineers MORTGAGE INSPECTION ESSEX SURVEY SERVICE 1958 - 1986 PIAT PLAN OF LAND OSBORN PALMER 1911 . 1970 LOCATED IN BRADFORD & WEED 1885 - 1972 SALEM , MASS. hSF $Urns C7graye ` ¢n II ¢n Nr rr� tP+J f . 2 I • � IUs . smv y IYq'Y \ 1 � N I 4 j � 1)Ykarnes e� C�^I'�a'166 r7jc Sounders PagtKl N G. S D'! MIS,, 6 3=0" 4t. M I N 2l4 Skory + , Znd Sao.Y ..'('t !` - Dwelling Alo,I Z4 2ro'. +a lJofSon.S/.� 0} Yn 12a6ody t---- 39'9" I3 �S—rOA) cST�O_EET I, Christopher R. Mello, A Registered Land Surveyor, Do Hereby Certify That The Above Mortgage Inspection Plot Plan Was Prepared For A�Lc t3nrrcff d Burke In Connection With A New Mortgage And Is Not Intended Or Represente To Be A Land Or Property Line Survey. No Corners Were Set. It Cannot Be Used For Establishing Fence, Hedge or Building Lines. No Responsibility Is Extended Herein To The Land Owner Or Occupant. This Plan Shall Not Be Accepted For Recording. The Location Of The Dwelling As Shown Hereon This Plan Has Been Prepared For Is In Compliance-With The Local Applicable Conveyancing Purposes Only For The Zoning By-Laws In Effect When Constructed, A , Above Party And Is Not To Be Used With Respect To Horizontal Dimensional "` ' ` For Boundary Measurements. Requirements Or Chapter 481 Of 1987. Subject Property Is Located In C Zone On A Federal Insurance SCALE: 1"--20' 7UHH stration Designated Flood Hazard Area, As Per Map Z So/oz DATE: T AN.3, 199r REFERENCE: PFeo BK 10368 PG 3Z3 " 40 LOWELL STREET PEABODY, MASS. 01960 (508)531.8121 PAY-ISnal Cq1.Coon • - - . _��_ l/��,t�fp- �. _•-_�-urs) ?�-r.� _�.�/✓/yC�� S..�r_�� - , ��,!!9%/���rC�L/�LT v•LLfG✓�'�_/_L�l/LC_.....e_1� ♦ _� /L/(\�V/� b F 1 f" / es• ods 19 os J r �s s dd'6 f1 r, 9/ 9/ /o 2 /� jo,}` � 4S� Ot •99�s �s L' y= y Oma O °°, ° (1521 6da °~ 92 t0i o n1i � / i eel is 'Y 8 - - s�19 s b' �6 t � 62 Ot 8 Yy •- p8 d I F,\BOO e[[�d�0�[ / U' eG t„ 9s t CAP 6 a< s O t'Oe O� o00 Ot> � � os • BOARD OF ASSESSORS • CI'T Y HALL PAGE. AL F1 YE b' 3 ERTJ�FABUTTERS„ ,LIUT 3 1 . 4 SUBJECT PROPERTY: MAP o 16 LOT. 0157 SUFF. 201 6 PROPERTY ADDRESS: 0124 BOSTON STREET FTF 7 t 10 8a'.. . ..... 0 T2 9 10 MAII IF19 ADDRE 13 14 • 11 16 0-125 O'1: 9 BOS TON STREET DOUBLE K REALTY TRUST 129 BOSTON ST is 12 -,,m Dw k 9 Gw T N -L--17 T NA P4 16 17 13 10 K. ........ E R T,�' 3 E7 + 18 - 2” 1 ' Ec I'UNBAREJ ',GIE'S §,TRt ' T*, dd 14 TE "MARY' 'AP pi��T "'go, Fa 20 -s Ar 16 9 4 PA L-,T-pp 21 MARY ANN GLOUCESTER MA 01930 22 17F3 0 — .16 0156 012.1 BOSTON STREET -.1112 GATEWAY 11 REALTY TRUST -116 STETSON AVE 18 LE*RLAN QOAMPSGOTT 74 4�ln-y 's Ls sTR ....... ""? .. -r� ,% : izo,, 1§Yt f'; ..... .. ,,Btfi '' - ,�fR =,§§,s , , 26 i6 D1 8 Ur�,". ", , bt, , .......7, 27 iAUTHIER" R E�!- PIURP R,,T 01,97i s;wE .- o� Hy, ....... 28, P Pip—, k-RP,41,�4.v -T-R� lal� R 9 22 GAUTHIER R E - MURPHY E J JR TRS SALEM MA 01970 0 • 23 16 0155 503 0-130 8 0 S-T C)N S T REET B&M REALTY TRUST' 130 BOSTON ST 31 24 GAU linmuv C' I IR 1-11 'W NA- 04��7n 32 :3 25 04 ", 40%,3USTO f? T, -,ET P -1 'Im IIJU 'V' ........ A T RPHC R-,, . . ...... SAL MA�, 0197D ......... I ER R� iE * tog E-Al T TR 27 .GTRk:`i...... ........ ... ...... Us� 7 2a GAUTHIER R E - MURPHY E J J R TRS SALEM MA 01970 ' 02-9 1--� 1 o F - .16 0160 201 0132 BOSTON STREET KARAGEZIAN JOSEPH 132 BOSTON STREET . 3 p 0 SAI V14 T 31 0 ��T STREET CIL"R' lWAL'"ABURN' ST 12 :�v ...... .... . - m, ...... :4q 41 33 'C' ):tzj- 1 '41iIRLNCF' R 34 45 — JUDITH A SALEM MA 01970 460 035 16 0464 0039 BEAVER STREET' MARCHAND RAYMOND )l 39 BEAVER STREET 47 36 4�41 pi No 0.1 27p T8 . . .. . . ... . .. . . ........ 49 714.6 MA TH.,IIA R '�I"$; 1'6 ,L 37 0 38 si "1 110-1 1 52 31 EET R'STR WEI SON' DFPRA 'H 40 SALEM MA 01970 4 . 4 - 50 41 42 • 43 ....... .. .. I..... ...... .. .... ....... • 44 F b ...... ... .. . ':S Saksks 9 41 ..... . 46 61 0 — 2 47 3 0 48 4 49 m I I. ..... ..• ... .... ..so ...... "i` IX il, .... ......Id ....... 52 9 0 — 53 0 54 55 is 4 co ........ab .... Hong