408 ESSEX STREET - NELSON & NERSASAIN, SPARKY & ROBERT - ZBA ;4O `Essex 'St. 8_1
r 'John. Tieodorakopoulos „(petitioner)
Sparky..Nelson/Robert-Nll'ersasain
Owners
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DECISION ON THE PETITION OF JOHN THEODORAKOPOULOS (PETITIONER) , OWNED BY SPARKY
NELSON AND ROBERT NERSASAIN FOR A VARIANCE AT 408 ESSEX ST. (B-1 )
A hearing on this petition was held October 17, 1990 with the following Board
Members present: Richard Bencal , Chairman; Joseph Correnti , Secretary; Richard
Febonio, 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 Laws Chapter 40A.
Petitioner is requesting a Variance from the minimum parking requirements to
allow a pizza shop (Mandee' s) in this B-1 district.
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 or structures in the same district.
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 . Property has remained in the same configuration for many years.
2. A convenience store occupied this area in the past and this use for a
pizza shop would be less burdensome traffic wise.
3. No opoosition was submitted or voiced to the plan.
4. Property is zoned for business use and any other use would be impractical .
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 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.
DECISION ON THE PETITION OF JOHN THEODORAKOPOULOS (PETITIONER) , SPARKY
NELSON & ROBERT NERSASAIN (OWNERS) FOR A VARIANCE AT 408 ESSEX ST. , SALEM
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Variance requested, subject to the following conditions:
1 . All construction be in compliance with all city and state building codes.
2. All construction be done as per plans and dimensions submitted.
3. A legal building permit be obtained.
4. A Certificate of Occupancy be obtained.
5. Petitioner comply with all requirements of the Salem Fire Department.
6. The use of off street parking, owned nearby by Essex Office Associates, be
encouraged for use by customers, employees and others related to the business.
7. All deliveries be loaded from the rear of the building, not on Boston or
Essex Streets.
8. No dining be allowed on premises.
9. Appropriate signage, encouraging the use by patrons of off street be placed
in an appropriate and conspicuous place on site and be maintained by the
petitioner.
VARIANCE GRANTED
October 17, 1990
chard A. Bencal , Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
,Inpcnlf from this decision,if ary,shaft be made Pursuant to SectfOlf 1160
ti f.;;:; !;.:;:-eras Luis, Ch-^.tzr 203, and shc11 be ftcd Within 20 days
t;;,�_: :, C;:,r;;; con in tf:e ofi of the City Clark.
_ .. .. ... `' SecLon 11., t'r.e vmimce
ropy of the
_.. ,` c • r',! .. ,: '•y CI_r!< that 20 co`Is have
clap_ed d no
;;!; r 1.at, if such appeal has baen
Ned,that it has been rccordetl in the Sc::Y!t LcsaX
Registry of Deeds and indexed un er cie ne:m^ rr the owner or record or
IS tvcorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL
PLAN 0 LAND
I Nn. DATE DESCRIPTION BY
IN
i
SALEM MASS
S.B.(FND) ® COR. OF OCTOBER 2 , 1990 SCALE 1 ' = 10 '
j BOSTON & FOWLER ST.
Cape Ann Land Surveyors, Inc. GRAPHIC SCALE
Danvers, Mass. „ c S „ m 40
e
E uwnRP � ( IN PEEL
} ( BORNST N i Inch s 10 ft.
au
NOTE(S):
Cf
For title reference see deed book 9870
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010 a page 23 filed in the Essex South Registry of Deeds. ra
Shown on Salem Assessors map 25 lot 130
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