199 JEFFERSON AVENUE - CURRAN, MICHAEL & BANJA - ZBA 199 Jefferson Ave. R-3
-- -- Michael & Benja Curran
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DECISION ON THE PETITION OF MICHAEL & BENJA CURRAN FOR
A SPECIAL PERMIT FOR 199 JEFFERSON AVE. , SALEM
A hearing on this petition was held Decembr(s`47, 19[f OtL following Board
Members present: James Hacker, Chairman; kX. , Charnas, Luzinski; Strout and
Associate Member Bencal. Notice of the hetii� was sent to abutters and others
and notices of the hearing were properly pu�lished in the. Salem Evening News in
accordance with Massachusetts General Laws {�'�gp�a2":AffiA &55.
Petitioners, owners of the property,iare requesting a Special Permit to allow a
barber shop in this R-3 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, ina ccordance with the
procedure and conditions set forth in Section VIII F and IX D,
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.
In 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.City's inhabitants.
The Board of Appeal, after hearing the evidence presented at the hearing, makes
the following findings of fact:
1 . Petition was submitted by neighborhood in favor;
2. Additional neighbors spoke in favor of this proposal;
3. There was no opposition;
4. The use of this dwelling as a two chair barber shop will be
less detrimental than the previous use.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, concludes as follows:
1 . The relief requested can be granted without creating a substantial
detriment to the public good and without substantially derogating
from or nullifying the intent or purpose of the Ordinance.
DECISION ON THE PETITION OF MICHAEL & BENJA CURRAN
FOR A SPECIAL PERMIT FOR 199 JEFFERSON AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, provided that:
1 . The premises comply with all regulations relative to the
installation of automatic smoke detectors;
2. There be no more than two barber chairs;
3. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
�Zames B. Hacker, Chai an
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL ROM THIS QEpSN1R. If ANY, SHALL BE MADE PURSUANT TO SECTION 17 Of THE MASS.
GENEM LAWS. CHAIrTU 90SOFViD FICES OFLLTBE FILED WITHIN HE CITY CLERK. 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISID SECTION 11, THE VARIANCE OR SPECIAL PER'CIT
f'iSAKT TO A4ASS. GENERAL LAYS, CHAPTER SOB,
ANO NO APPEAL HAS BEEN FILED.
ZR,�,�;;3 HERERi, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEAR'.T:S THE CE � -
Fl:i 1,tt OF THE CITY CLERK THAT 20 DAYS HAVE ELAPSED
OR THAI, IF SUCH AN APPEAL HAS BEEN FILE. THAT T
HAS BEEN DIS;!I$SED DR DENIED IS
RECORDS DIORTH SOUTH,
OOTRECO, SSAjX NDR NOITEDYONFTHE EOWNER'S CERTIFICATE OF TTLE+DS AND INDEXED U14DER THE A'I' O- THE OWNER
D A
BOARD OF APPEAL
MORTGAGE INSPECTION -�
BAY STATE SURVEYING SERVICE INC.
234 CABOT ST, BEVERLY, MA.
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LOCATION eNs�a vGvcF�l- cuef...d
SALM....MASS:......... To ........ ...... ......P.................
...... ,
SCALE : 1° _ 20 FT. DATEI hereby certify that I have examined the premises and that the
REFERENCE : ...SS X..S'��'� 'E.E � building (s) shown on this plan are located on the ground as
OFD shown and that they conformed to the zoning setbacks of the
P.ZE'. � _ G.� -------- when constructed. .
NOTE : This is a Mortgage Inspection survey and not The building (s) are not located in the special flood hazard
an instrument survey, therefore this plot plan Is for zone, as defined by H.U.D.
mortgage Inspection purposes only,
BUSHES, SHRUBS, FENCES & TREE
LINES DO NOT NECESSARILY INDICATE �,a�" 0° Mosso
PROPERTY LINES.
_ ROBERT
JAMES -'
SOTIROS
p No. 26094 ¢1S
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SEFFERSON RVEt�UE
WHENEVER AN OFFSET IS
P±OR LESS AN INSTR. SURVEY IS THIS SURVEY IS BASED ON,
RECOMMENDED TO DETERMINE SURVEY. MARKERS OF OTHERS.
PROP. LINES.
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WILLIAM I. ROOOTT
�17Y CLL11i" AOFSSFICE June 28, 1968
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JO"" M. GRAY, 6R' 'DECISION ON .PETITION OF ROBERT JALBERT TO ALTER THE
ARiMVF LRGfIEOOVE PREMISES AT 199 JEFFERSON AVENUE TO PROVIDE OCCUPAN-
CY FOR A SUBMARINE SANDWICH SHOP.
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The Inspector of Buildings refused to issue a. permit to allow these nec-
essary altera.tions for opera.tion of a. submarine sandwich shop, as this
would be a. nonconforming use in this district which the City Zoning Ord-
inance hats designated an R-3 zone , or multi family residence district .
Petitioner appealed to the Board of Appeal for a. Special Permit to allow
such occupancy . A hearing was held on this petition .on June 24 , '1968 ,
pursuant to notices mailed postpaid to the petitioner, abutters , Board
Members , owner of record, and others , and advertisements published in
The Evening News advising of this appeal.
All Board Members were present at this hearing. Counselor Francis Gerry
of 10 Chestnut Street , Peabody, appeared for the petitioner. Counselor
stated this has always been occupied as a place of business ; his client ,
11r. Jalbert , lives only a short distance from this location where the
shop is to be located, and is under contract with Lena , Inc . , who will
furnish certain foods .
After careful consideration, the Board voted .unanimously to grant this
appeal having in mind that prior to the adoption to the present Zoning
Ordinance in August , 1965 , this area. had been zoned for business purposes ,
and granting a. Special Permit to allow the occupancy of a submarine sand-
wich shop would cause no--detriment to the public good and would not sub-
stantially deroga.te from the intent and purpose of the Ordinance .
BOARD OF APPEAL
C'
BY G!
/
APPEAL GRANTED S cretary ,
�
{
/ THE COMMONWEALTH OF MASSACHUSETTS
........................................SALEM................................................
clrr OR TOWN
BOARD OF APPEALS
.......................JUNE .28.z ...19 68
NOTICE OF VARIANCE
Conditional or Limited Variance or Special Permit.
(General Laws Chapter 40A,Section 18 as amended) t
Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted
To.......................R OBERT..JALBE. RT
..........................................................
Owner or Petitioner
Address...............32.1..JEFIF125.0N..l1VENUE...........................................................................
Cityor Town......SAT RM.r...M.A.U,...............................................................................................
............................................... ..............................................
Identify Land Affected
............... .......................................................................
City t
by the T9wa of.............SALEM Board of Appeals affecting the
M....................................
rights of the owner with respect to the use of premises on.
199
.... .....JEFFERSON•AVENUE........................................SALEM a.........................:.MASS.......
street City or Town
the record title standing in the name of
-BERT..E•_,__AND_•VIRGINIA_ STANLEY..............•..............---.-_-........... A
whose address is.....2.6..PFQ.QQT..RQAD.................MA13JILF ZAD.....................MASS...........
Street -City or Towa State
by a deed duly recorded in the........................................County Registry of Deeds in Book
................. Page.............---1 ............................... ---.........--......Registry District of the Land Court
Certificate No................. ................Book ................Page................
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The decision of said Board is on file with the papers in Decision or Case No.......................
City
in the office of the TSI—Clerk......AUGUSTINE J . T90MEY
.... . .. .
Signed this...2.$.!1 day of..................J:SIE..............---•--.196 8
Board of Appeals: 0
...............: /.....rC/ . ...�/4;. Ch¢irm¢n
Board of Ann.aie_
............. ..':.�- .( ....: .... � .. ....:......Clerk
/_ IIoard.of Anneals .
•..........................:.........•---.......19..--.... at........ ....o'clock and................................minutes ....M.
Received and entered with the Register of Deeds in the County of.......................:..................
Book........................ Page......................:.
ATTEST
............................................................................
Register of Deeds
Notice to be recorded .by Land Owner.
FORM 1094 HOBBS 6 WARREN. INC.. REVISED eNwereR 212.1969
lloavin,; - D.:cumbcr 9, . 1974
i_y ofG. 21ji'lll, ".13,i:il;llllJP##s
warb of tki 1,11
CISION ON PETITION OF COLONIAL REAL ESTATE TRUST FOR A SPECIAL PERMIT
TO USE� THE PREMISES K1. 199 JEFFERSON AVENUE AS A RETAIL STORE, OR PRO- l
FESSIONAL OFFICE BUILDING.
r.;;L!U. L IK WFC4•UE
�JiJ10PLi^"" This is an appeal brought by the Petitioner, Colonial Real Estate Trust
LAM,IN
"`" in the name of John F. Burke, Trustee, appealing the Building Inspector's '
refusal to issue a permit for the alterations necessary for the use of the
premises at #199 Jefferson Avenue as a retail store or a professional office
� building.
Hearing on this petition was held on December 9, 1974, pursuant to
' - notices mailed postpaid to the Petitioner, Board Members, Abutters, Abutters
x
Lto Abutters and others, and notice was duly published in the Salem Evening
ZNews advising of this Public Hearing.
Appearing on behalf, of the Petitioner was Attorney Timothy Davern who
introduced the following evidence at the hearing:
The building located in an R-3 residential district is presently
operating under a Special Permit issued by the Board of Appeals on June 28,
1968, which permits use of same as a submarine sandwich shop, but no special
permit has yet been issued for use of premises as a retail store or professional
1 1 office building =d such a permit is rcquircd since premises arc located in
f' I an R-3 district.
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Prior to the adoption of the Zoning Ordinance in 1965, this area had been
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z.-ned for business purposes, they are presently usable under the Special Permit
mentioned above as a submarine sandwich shop, and granting the permit now
V\
arnignt to allow the usa cf the premises as a ictail store of professional
ofiiee building would cause no detriment to the public good and would not
substantially derogate from the intent and purpose of the Zoning Ordinance.
No one appeared in opposition.
The Board, being familiar with the location in question and after dis-
cussion, ' found that it could grant a variance to conduct various alterations
C�Iitn of •!tilt n � #s
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lviia�rn I'!",; DECISION - PAGE TWO - -- COLONIAL REAL ESTATE TRUST
IOEEPH f MYIE
necessary for the use of the premises as a retail store or office building
Lilwi E. l<SkECUUf
and allow the interior to be redecorated and the addition of a new bathroom,
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without substantially derogating from the meaning and intent of the Zoning
By-Law and without creating substantial detriment to the neighborhood in
question.
The Board, after reviewing the evidence, finds that there is substantial
hardship which runs with the land and, therefore, votes unanimously to n
grant the variance as sought,
GRANTED
+�W
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y SALEM BOARD OF APPEALS
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" a (Acting ) Secretaty
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_LOCATION
DATE OF PERMIT PERMIT NO. -OWNER A
(1 I /
4 DWEILLING I MATERIAL - DIM IONS NO.OFSTORIES INO.OFFAMILIES WARD B 11 DER - COST
L.
POCKET FOLDER
OTHER U'-DGS. MATERIAL DIMENSIONS NO.OF STORIES BUILDER
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PLAN NO.SHEETS
7,18. 68 123E (O-Amer-hobert Jalbert) Alter bwilding for sub shop �
7/2/75 Board of
Appeals - For Special permit to use the premises as a
- retail store or professional office building. Gtanted.
1/13/76 (Owner-Colonial Real Estate)(Ann's Cozy Kitchen) Install (3) small partitions
#5 to make small kitchen area.
BOARD OF APPEALS 2/19/76 #4 (Ann's Cozy Kitchen )Certificate of Occupancy Issued
Colonial Real Estate Trust - June 20, 1979
Request for permission to add a 12'-0" wide X 33'-411 long addition to the existing building
and to continue the use of the building for a professional office as previously permitted
VXRt7eh1[0 D NI D! Appeal.
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