49 CENTRAL STREET - ZBA B_u moose Realty Trust
d%b'/a Roosevelt's (B-
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DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST FOR -
VARIANCE AT 49 CENTRAL STREET (B-5 )
A hearing on this petition was held February 19 , 1992 with
the following Board Members present : Richard A. Bencal ,
Chairman , Richard Febonio, Edward Luzinski , Francis X
Grealish and Stephen Touchette . 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.
Petitioners , owners of the property, are requesting
variance from the City of Salem Sign Ordinance to allow a
free standing sign in the Urban Renewal Development
District . Property is located in a B-5 zone .
The Variance which has been requested may be granted upon a
finding by 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 lands ,
buildings and structures involved.
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 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 . There was no opposition to the petition.
2 . That allowing the petition would give the petitioner
greater advertising exposure to his place of business .
3 . Allowing this sign would enhance the business climate of
the City.
i
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST
FOR A VARIANCE AT 49 CENTRAL STREET, SALEM
page two
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 . Special conditions exist which especially affect the
subject property but not the district in general .
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 unanimously,
5-0 , to grant the Variances requested, subject to the
following conditions :
1 . Petitioner shall comply with any and all requirements
of any other city board, authority or commission regarding,
but not limited to, height , colors , size and placementk of
the proposed sign.
2 . That a Certificate of Appropriateness be obtained from
the City of Salem Historical Commission.
I F
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST
FOR VARIANCES AT 49 CENTRAL STREET, SALEM
page three
VARIANCE GRANTED
February 19 , 1992 l
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 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 .
itn of ��,:llrm, 4jjae!5aCItusettS a
lionrl of Av{ienl
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST FOR -
VARIANCE AT 49 CENTRAL STREET ( B-5 )
A hearing on this petition was held February 19 , 1992 with
the following Board Members present : Richard A. Bencal ,
Chairman , Richard Febonio, Edward Luzinski , Francis Y
Grealish and Stephen Touchette . 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.
Petitioners , owners of the property, are requesting
variance from the City of Salem Sign Ordinance to allow a
free standing sign in the Urban Renewal Development
District . Property is located in a B-5 zone .
The Variance which has been requested may be granted upon a
finding by 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 lands ,
buildings and structures involved.
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 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 . There was no opposition to the petition.
2. That allowing the petition would give the petitioner
greater advertising exposure to his place of business .
3 . Allowing this sign would enhance the business climate of
the City.
,n
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST "
FOR A VARIANCE AT 49 CENTRAL STREET, SALEM
page two
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 . Special conditions exist which especially affect the
subject property but not the district in general .
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 unanimously,
5-0 , to grant the Variances requested, subject to the
following conditions :
1 . Petitioner shall comply with any and all requirements
of any other city board, authority or commission regarding,
but not limited to, height , colors , size and placementk of
the proposed sign.
2 . That a Certificate of Appropriateness be obtained from
the City of Salem Historical Commission.
r
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST
FOR VARIANCES AT 49 CENTRAL STREET, SALEM
page three
VARIANCE GRANTED
February 19 , 1992
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 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.
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i _60arb of Aupenl
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST FOR -
VARIANCE AT 49 CENTRAL STREET ( B-5 )
A hearing on this petition was held February 19 , 1992 with
the following Board Members present : Richard A . Bencal ,
Chairman , Richard Febonio , Edward Luzinski , Francis k
Grealish and Stephen Touchette . 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.
Petitioners , owners of the property, are requesting
variance from the City of Salem Sign Ordinance to allow a
free standing sign in the Urban Renewal Development
District . Property is located in a B-5 zone .
The Variance which has been requested may be granted upon a
finding by 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 lands ,
buildings and structures involved.
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 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 . There was no opposition to the petition.
2. That allowing the petition would give the petitioner
greater advertising exposure to his place of business .
3 . Allowing this sign would enhance the business climate of
the City.
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST
FOR A VARIANCE AT 49 CENTRAL STREET, SALEM
page two
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 . Special conditions exist which especially affect the
subject property but not the district in general .
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 unanimously,
5-0 , to grant the Variances requested, subject to the
following conditions :
1 . Petitioner shall comply with any and all requirements
of any other city board, authority or commission regarding,
but not limited to, height , colors , size and placementk of
the proposed sign.
2 . That a Certificate of Appropriateness be obtained from
the City of Salem Historical Commission.
DECISION ON THE PETITION OF BULLMOOSE REALTY TRUST
FOR VARIANCES AT 49 CENTRAL STREET, SALEM
page three
VARIANCE GRANTED
February 19 , 1992
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 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.
DATE OF HEARING
PETITIONER
LO
CATION �9 C�i�v�/!� �!� /��✓02
MOTION: TO GRANT Z2 SECOND
TO DENY `K SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
RICHARD FEBONIO
FRANCIS GREALISH
V EDWARD LUZINSKI
lJ STEPHEN TOUCHETTE
ASSOCIATE MEMBERS
RO �URLAB
E
A ECOUE
CONDITIONS: / J
iAPPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
('gi#g of �$ttfem, 'Mttssar4use##s
�ppeA Jda Z8 3 2a
$nttrb of PH '92
CITY OF SALEM. MASS
TO THE BOARD OF APPEALS: CLERK'S OFFICE
The Undersigned represent that he is are the owners of a certain parcel of land loci ted
at NO. . . .'.Iq. .GAZ N.Tr.3ftStreet; Zoning District.
VPf}P./. . Rj ?PQ&-p I�LLTP.�!lC ;t and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
P(,/a-N Aj-r-ACt-FED 1:70R FRF s(GN
2D
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The Application for Permit was denied by the Inspector of Buildings for fhe fo, owingA
reasons: y r
RR o PjeR'F- 15 C0RR6NTLy I N __rRG UP,PAN R&N E WA`t'
_9GVGL0PN\EN_t_ D15TRIGT,
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:
-To ALLOW /�'c \/A R1 A N GG RDI`/\ T�t C C(t y o F
SIGN 0RD( NANCC— TD N AN
V'RP�/aN 'R�lGWAL- DGVELC>PWl�T Dl5Th2lGl.
Dwner. ULL1Vl(�( E1ZE t '. ,l .. . . . .. . . . . . .
AddressP�.1?Gr>3yT� ` 4 �MA .c�l�70
Telephone. . . . . . . . . . . . .
Date. . . .
Telephone. . f?`s;(P� F �`f. . . . . . . . . . . .
By. . O.RCw;:�5. . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . .. . . . . . . .. . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
................................................................
PETITIONER..........................................
ADDRESS...............................................
................................................
CONDII IONS
.................................................................
........................ .......................................
................................................................
...................... ..........................................
.................................................................
................ ................................................
PETITION APPROVED.................... ❑
DENIED.........................
.............................................. 19.........
CITY OF SALEM
I SIOARCITY OF SALEMD OF APPEAL + O� $(IA F APPEAL
O
745-9595 Est. 381 ( 74 RD O Est. 381
I Will hold a public hearing for all persons inter- Will hold ested in the petition submitted o d a public hearing for all persons inter
-
Trust
tied by Rullmoose Reaily
Trust d/b/a Roosevelt's for �j Variance from the ested in the petition submitted liy Rullmoose Really
ai
Sign Ordinance to allow a free standing sign at Trust d/b/a Roosevelt's fora Variance h'mn the
49 Central SL (RPD). Said hearing to he held Sign Ordinance to allow a free standing sign at.
Wednesday, February 19, 1992 at 7:00 P.M., One 49 Central St. (BPD). Said hearing to be held
Salem Green, 2nd floor. Wednesday, February 19, 1992 at 7:110 P.M., One
RICHARD A. BENCAL, Chairman Salem Green, 2nd floor. -
February 5, 12, 1992 SN75492 RICHARD A. BENCAL, Chairman
February 5, 12, 1992 SN75492
r
CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381 „ CITY OF SALEM
Will hold a public hearing fm-all persons inter- BOARD OF APPEAL
ested in the petition submitted by Bullmoose Really745-9595 Ext. 381
'frust d/b/a IioosevelCs fm a Variance from the Will hold a public hearing for all persons inter-
Sign Ordinance to allow a tree standing sign at ested in the petition submitted by Bullmoose Really
49 Central St. (BPD). Said hearing to be 11cl(1 Trust d/b/a Roosevelt's I'm' it Variance ]Yom the
Wednesday, February 19, 1992 at 7:00 P.i11., One Sign Ordinance to allow a free standing sign at
Salem Green, 2nd floor. 49 Central Sl. (BPD). Said hearing to be held
RICHARD A. BENCAL, Chairman Wednesday, February 19, 1992 at 7:00 P.M., One
February 5, 12, 1992 SN75492 Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
- — -- _ - February 5, 12, 1992 SN75492
4
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
(Ili#g of '�$ttlem," 'MassuchusPtts
,,. Puarb of A"ind Jan 28 3 27
�`OpNt CITY OF SALEM, MASS
TO THE BOARD OF APPEALS: CLERK'S OFFICE
The Unde gned represent that he is are the owners of a certain parcel of land loc ted'
"
at NO. . . i. . . �.RIi . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .Street; Zoning District 5.
ORt3�lUF14>.hlH! .hE✓.�JhYtrl�7i and said parcel is affected by Section(s) . . . . . . . . . . . . . . . .
of the Massachusetts State Building Code.
P
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
PIAN A r1-A'GH-G_P AOR �FF05 5-t-AN Di N G S I CSN
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r"a Cn
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
�I�jO PER"fy lS CUR t�EN1"L y I N T1-FE iyRt3lkN `f�,�N Eb�/A L
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:
A Li bin! A V/�IPtNCC '� Dry\ -TTAe C_[-Cy OF si`kLC-r`,
SIGN( (b ;�911\1ANC5 TO PeRM lT A sLGN / N /AN
u�3�r� �GNEw� � ��vE�-OPm�N-r D15-Mztc—>-.
Owner. �U C.I.,MooSE F��LT y "t>�US"I�
°Address.,��,bo.�EFZC3�ST:A�ILGYYI•�,(�L� a.w7o
Telephone. . 5.d , ;7 . . . . . . . . . .
Peti ti onerki;-NWS` . JtRUSI ttE
Address. �. PQm>✓'Roy �i,D�N.� 1N� MA.
lad la..
Date. . . . qTelephone. . —. �lg�` . . . . . . . . . . . .
By. t2Gs5. . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertising in the amount of. . . . . . . . . . . . . . .. . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION TO BOARD OF APPEALS
LOCATION
................................................................
PETITIONER..........................................
ADDRESS...............................................
................................................
CONDII IONS
.................................................................
........................ .......................................
................................................................
.................................................................
.................................................................
......................................I..........................
PETITION APPROVED.................... ❑
DENIED.........................
.............................................. 19.........
05 WE 018$9 PM 02/06!92
CITY OF SALEM
BOARD OF APPEAL �' /o` U.S.DCSiAGE
+� One Salem Green FES-6'92 <-%-11i
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SALEM, MASSACHUSETTS 01970 M '� 0 •2 9
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02-03-92.06:50:48.75492-LEGB ,
CITY OF SALEM I
BOARD OF APPEAL
745-9595 Ext. 381 F
Will hold a public hearing for all persons inter- ('
- esled in the petition submitted by Bullmoose Really p
Trust d/b/a Roosevelt's for a Variance from the tt
Sign Ordinance to allow a IYee standing sign at
49 Central St. (BPD). Said hearing to be held 1
Wednesday, February 19, 1992 at 7:00 P.M., One
Salem Green, 2nd floor.
RICHARD A. BENCAL, Chairman
February 5, 12, 1992 SN75492 �
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