13-15 CENTRAL STREET - ZBA (002) y
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Chi of �tticm, Aassachusetts
Board of ral
'91 MAR 13 P 3 :05
DECISION ON THE PETITION OF ARJOD, INC. , JOHN A. DRIVAS FoRCATY CL�'.K'> CFFICE
SPECIAL PERMIT AT 13-15 CENTRAL STREET (B-5) SALEM
A hearing on this petition was held February 27, 1991 with the following Board
Members present: Richard A. Bencal, Chairman; Joseph Correnti, Secretary; Mary
Jane Stirgwolt and Associate Member Arthur LaBrecque. 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 Law Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to allow
construction of an addition in the rear of this nonconforming structure. The
property is located in a B-5 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 non-
conforming 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 detri-
mental 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 Special Permit requests 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 tte plans, makes the following findings of fact:
1 . The premises and building in question is a commercial restaurant use in
a B-5 zone.
2. All abutters of the premises were notified by mail of this petition before
the Board.
3. The proposed addition is to be used as a storage area and will consist of
a total expansion of approximately 630 feet.
4. That the proposed addition will remain within the frame lines of the buildings
and will be approximately one and one-half feet below the existing roof line.
5• The proposed addition will not be visible from Central Street.
6. That the proposed expansion will not cause any additional seating or
parking needs within the business.
�r
DECISION ON THE PETITION OF ARJOD INC. , JOHN A. DRIVAS FOR A
SPECIAL PERMIT AT 13-15 CENTRAL STREET, SALEM
page two
7 . That City Councillor O' Leary spoke in favor of the petition as helping
business in the City. 91 MAR 13
P3:05
8. That four other City residents, including three �tters, spoke in favor.
;
9. That there was no opposition to the petition. SYYA LF:11u,,fiFf CE
10. That the Salem Historical Commission advised the Board that the building was
of historical import but that the Commission took no position on the petition.
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 proposed changes will not be substantially more detrimental to the neighbor-
hood than the existing nonconforming structure and can be granted in harmony
with the Zoning Ordinance and without derogating from its intent or the public
good.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special
Permit requested, subject to the following conditions:
1 . All construction be done in accordance with plans and dimensions submitted.
2. All necessary state and local permits and certificates be obtained, and that
all applicable codes be adhered to, including but not limited to building and
fire permits and inspections.
3. Exterior finishes be compatible with existing structure.
5. A Certificate of Occupancy be obtained.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety be strictly adhered to.
7• That the dumpster area which fronts Central Street be fenced along Central
Street with a six foot fence approved by the Design Review Board and in
conjunction with the Board of Health rules and regulations.
SPECIAL PERMIT GRANTED
February 27, 1991
D ayo
;os6e4p C. Correnti, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, if any, shall be and „el ursube n with Se
n tion 17 days of
General Laws, Chanter 1303,
t;,c date of foln1 of ti:is decision in the office of the city eC [r^:^^a
G r ^,^ - iian 11
f uant to t1i r� �- f;{ e,f-ct until a C py C.`t.r3
-n rot
cr r'.Itfcatipn of stip City Cle,.< that 20 day ,r'ra
.._ po•_st has `.c_^ illc.I, ur that. if such cpp`
:OJ a60 na :.
Fssn 6': ssed or denied is recorded in the sou", c'
1;. ,+is pry of D^^ds oa indexed unser the name or the owner of rew:G or
recorded and nosed en the owner's Certificate of Title.
BOARD OF APPEAL'
z Chi of '9ttssachusetts
Bourb of Apeal
'91 MAR 13 P 3 :05
DECISION ON THE PETITION OF ARJOD, INC. , JOHN A. DRIVAS FORUTY CLP i`' OFFICE
SPECIAL PERMIT AT 13-15 CENTRAL STREET (B-5) SALEM I-,d. '.
A hearing on this petition was held February 27, 1991 with the following Board
Members present: Richard A. Bencal, Chairman; Joseph Correnti, Secretary; Mary
Jane Stirgwolt and Associate Member Arthur LaBrecque. 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 Law Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to allow
construction of an addition in the rear of this nonconforming structure. The
property is located in a B-5 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 non-
conforming 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 detri-
mental 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 Special Permit requests 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 premises and building in question is a commercial restaurant use in
a B-5 zone.
2. All abutters of the premises were notified by mail of this petition before
the Board.
3. The proposed addition is to be used as a storage area and will consist of
a total expansion of approximately 630 feet.
4. That the proposed addition will remain within the frame lines of the buildings
and will be approximately one and one-half feet below the existing roof line.
5. The proposed addition will not be visible from Central Street.
6. That the proposed expansion will not cause any additional seating or
parking needs within the business.
DECISION ON THE PETITION OF ARJOD INC. , JOHN A. DRIVAS FOR A
SPECIAL PERMIT AT 13-15 CENTRAL STREET, SALEM
page two
7. That City Councillor O' Leary spoke in favor of the petition as helping
business in the City. 91 MAR 13 X3 ;05
8. That four other City residents, including threerVrers, spoke in favor.
I VL471/.�
9. That there was no opposition to the petition. SALF'1 ;;,OFFICE
10. That the Salem Historical Commission advised the Board that the building was
of historical import but that the Commission took no position on the petition.
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 proposed changes will not be substantially more detrimental to the neighbor-
hood than the existing nonconforming structure and can be granted in harmony
with the Zoning Ordinance and without derogating from its intent or the public
good.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special
Permit requested, subject to the following conditions:
1 . All construction be done in accordance with plans and dimensions submitted.
2. All necessary state and local permits and certificates be obtained, and that
all applicable codes be adhered to, including but not limited to building and
fire permits and inspections.
3. Exterior finishes be compatible with existing structure.
5• A Certificate of Occupancy be obtained.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety be strictly adhered to.
7. That the dumpster area which fronts Central Street be fenced along Central
Street with a six foot fence approved by the Design Review Board and in
conjunction with the Board of Health rules and regulations.
SPECIAL PERMIT GRANTED
February 27, 1991 awo)
)oo��sep C. Correnti, Secretary
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
n alas. General Laws, Chanter 803, and shall be filed within 20 days
r the date of filin, of il:is decision in the office of the City Clerl:. ^,
g m ..s C r .'. cc':�iun 11 t o ITC`^Lia
t--_ ,;ant to t1r h.. rin -1.,ii DO U w cif^ct �.ntd a c Py
:rm t
.:❑ 'c hien of �h Clay Cle., that 20 day. •�°
_�^ i'I I ur !flat if such aPP al h .t
^_dCr.l � � •Pp I ha._�is'seJ denied is recorded in the Sou Es-
or
. ..a i! 'nn, h'rn �.?.
•l;,.: e r7 Of 0".,
s an.!and no Icn thedowner(s Certificate
ofth� name or nTRIG owner of rea:a or
red
BOARD OF APPEAL
itU Lif _,'�Miem, .RU95 IrI usrtt9
RE GE IV E '
33attra of �Au
peal- '91 MAR 13 P 3:05
DECISION ON THE PETITION OF ARJOD, INC. , JOHN A. DRIVAS FORUTY CLERK'S OFFICE
SPECIAL PERMIT AT 13-15 CENTRAL STREET (B-5) SALEM MAS�.
A hearing on this petition was held February 27, 1991 with the following Board
Members present: Richard A. Bencal, Chairman; Joseph Correnti, Secretary; Mary
Jane Stirgwolt and Associate Member Arthur LaBrecque. 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 Law Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to allow
construction of an addition in the rear of this nonconforming structure. The
property is located in a B-5 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 non-
conforming 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 detri-
mental 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 Special Permit requests 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 premises and building in question is a commercial restaurant use in
a B-5 zone.
2. All abutters of the premises were notified by mail of this petition before
the Board.
3. The proposed addition is to be used as a storage area and will consist of
a total expansion of approximately 630 feet.
4. That the proposed addition will remain within the frame lines of the buildings
and will be approximately one and one-half feet below the existing roof line.
5. The proposed addition will not be visible from Central Street.
6. That the proposed expansion will not cause any additional seating or
parking needs within the business.
DECISION ON THE PETITION OF ARJOD INC. , JOHN A. DRIVAS FOR A
SPECIAL PERMIT AT 13-15 CENTRAL STREET, SALEM
page two r4 E F i
7. That City Councillor O'Leary spoke in favor of the petition as helping
business in the City. '91 MAR 13
P3.05
8. That four other City residents, including three 1�tv ers, spoke in favor.
CL FF
9. That there was no opposition to the petition. SRLE�JKM �.,F
10. That the Salem Historical Commission advised the Board that the building was
of historical import but that the Commission took no position on the petition.
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 proposed changes will not be substantially more detrimental to the neighbor-
hood than the existing nonconforming structure and can be granted in harmony
with the Zoning Ordinance and without derogating from its intent or the public
good.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special
Permit requested, subject to the following conditions:
1 . All construction be done in accordance with plans and dimensions submitted.
2. All necessary state and local permits and certificates be obtained, and that
all applicable codes be adhered to, including but not limited to building and
fire permits and inspections.
3. Exterior finishes be compatible with existing structure.
5. A Certificate of Occupancy be obtained.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety be strictly adhered to.
7. That the dumpster area which fronts Central Street be fenced along Central
Street with a six foot fence approved by the Design Review Board and in
conjunction with the Board of Health rules and regulations.
SPECIAL PERMIT GRANTED
February 27, 1991
osep C. Correnti, Secretary
A COPY OF THIS DEC1S10N 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
t;as. General Laws, Chanter 8o8, and sha!l be filed within 20 days
�r 6�e date of fillnC of t'nis decision in the office of th11C'teC`far�ieceo
.r ,•,urn[to P1u- . �.nc..`ttta
h' t "i of c erf=ct until a c Py
ve
c. .: h •,
cart of tha City Cler!<thaT 2D appeal ;
dc: ..`.00• C• r'n.' I has be^_^. filled, or that. if such aPP"-
.� ^_d and na r.PPea
t-^f .i� h,,� b,en ,,-,issed or denied is recorded in the Sou9l Es=a:<
of D.;;,ds ani indexed under the name or the owner of reu::d or
s recorded and noted en the owner's Certificate of Titla.
BOARD OF APPEAL
itn ofttlrm, ttssttdlusPtts
(Mt
�ottra of _�r<{tenl `
'91 MAR 13 P 3 :05
DECISION ON THE PETITION OF ARJOD, INC. , JOHN A. DRIVAS FOR MY OFFICE
SPECIAL PERMIT AT 13-15 CENTRAL STREET (B-5) SALEM f'i 4•' `
A hearing on this petition was held February 27, 1991 with the following Board
Members present: Richard A. Bencal, Chairman; Joseph Correnti, Secretary; Mary
Jane Stirgwolt and Associate Member Arthur LaBrecque. 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 Law Chapter 40A.
Petitioner, owner of the property, is requesting a Special Permit to allow
construction of an addition in the rear of this nonconforming structure. The
property is located in a B-5 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
VIZI F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming 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 detri-
mental 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 Special Permit requests 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 ttie plans, makes the following findings of fact:
1 . The premises and building in question is a commercial restaurant use in
a B-5 zone.
2. All abutters of the premises were notified by mail of this petition before
the Board.
3. The proposed addition is to be used as a storage area and will consist of
a total expansion of approximately 630 feet.
4. That the proposed addition will remain within the frame lines of the buildings
and will be approximately one and one-half feet below the existing roof line.
5. The proposed addition will not be visible from Central Street.
6. That the proposed expansion will not cause any additional seating or
parking needs within the business.
DECISION ON THE PETITION OF ARJOD INC. , JOHN A. DRIVAS FOR A
SPECIAL PERMIT AT 13-15 CENTRAL STREET, SALEM
page two
7. That City Councillor O'Leary spoke in favor of the petition as helping
business in the City. 91 MAR 13 P3.05
8. That four other City residents, including threeV ers, spoke in favor.
9. That there was no opposition to the petition. SAiLfi ,i; -FlcE
10. That the Salem Historical Commission advised the Board that the building was
of historical import but that the Commission took no position on the petition.
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 proposed changes will not be substantially more detrimental to the neighbor-
hood than the existing nonconforming structure and can be granted in harmony
with the Zoning Ordinance and without derogating from its intent or the public
good.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special
Permit requested, subject to the following conditions:
1 . All construction be done in accordance with plans and dimensions submitted.
2. All necessary state and local permits and certificates be obtained, and that
all applicable codes be adhered to, including but not limited to building and
fire permits and inspections.
3. Exterior finishes be compatible with existing structure.
5. A Certificate of Occupancy be obtained.
6. All requirements of the Salem Fire Department relative to smoke and fire
safety be strictly adhered to.
7 . That the dumpster area which fronts Central Street be fenced along Central
Street with a six foot fence approved by the Design Review Board and in
conjunction with the Board of Health rules and regulations.
SPECIAL PERMIT GRANTED
February 27, 1991 `
awo
;os6eap=eC.4orrenti, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, it any, shall be made and sh!l bersilant to Section 17 filed within 20 daY of
-. f;,ss. General Laws. Chanter f108, .
r Cie date of film;
b (situ of alem, assadjusetts
Pottra of (�Fpeal
March 18, 1991
Notice is herebygiven that as of March 13 1 1 the decision
g 99 I
of the Board of Appeal has been filed in the office of the City .
Clerk to grant the petition of Arjod, Inc. d/b/a/ Red's Sandwich ,
Shop, for a Special Permit to allow construction of an addition
in the rear of 13-15 Central St.
BOARD OF APPEAL
Brenda M. Sumrall
Clerk of the Board
Appeal from this decision,if any, shall be made Pursuant to Section 17 of.
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. GeneW Laws, chapter 808, Section 11,the variance
or apeeial Permit granted herein snail not take effect until a copy cf the
decision, beering the certification of the City Clerk that 20 days have
elapsed and no appeal has been filed,or that, if such appeal has been
filedthat it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner ofrecord or
is recorded and noted sn the owner's Certificate of Title.
BOARD OF APPEAL'
r I~
#U of '�Jttlem, fflass
ire Pepartmeut �leabquartrrs
Re�pm+c
48 Pfgvite *trret
Satem, n. 01970
Joseph F. Sullivan
Chief
City of Salem RE: 13-15 Central Street
Board of Appeal `City of Salem
One Salem Green Hearing date:- February 27, 1991
The Salem Fire Departnent has no objection to the granting of a Special Permit to
allow construction of an addition at 13-15 Central Street subject to the following
conditions:
1- Plans for the porposed addition are presented to the Fire Prevention Bureau for
approval prior to the issuance of a building permit.
2- The proposed construction shall conform to all applicable provisions of the
Massachusetts Stats Building Code, 527CMR(Code of Massachusetts Regulations) ,
the Salem Fire Prevention Code, the Salem City Ordinances, ans Massachuestts '
General Laws relative to fire safety.
3- The applicant shall arrange for an inspection by the Fire Prevention Bureau
upon completion of the work.
Sr ed,
rnan P. LaPointe
Fire Inspector
CC,
file
applicant L
1<' >
ahem n"9ist®Tical Commission
ONE SALEM GREEN, SALEM. MASSACHUSETTS 01970
February 20 , 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 February 27 , 1991 of which petitions for 86 Summer Street and
13-15 Central Street will be heard.
Please be advised that 86 Summer Street was built c . 1.845and
is_in close-p-roximity to the McIntire Historic District. 113-15
Central Street-W"fs built in 1766 . Enclosed for your information
are building survey forms for both of these properties .
While the Commission takes no position on either petition, we
are hopeful that the design of these additions , should the
petitions be granted, will be sympathetic to their historic
architecture . In this regard, the Commission would be pleased to
offer design review, should the Board of Appeal request such
services .
Thank you for your consideration .
Sinc rely,
THE SALEM HISTORICAL COMMISSION
Annie C . Harris
Chairman
J4015