207 Highland Avenue Stamped ZBA Application 1.14.2025 �v.kk- oi�nrr,�46!? CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET,2ND FLOOR
1O SALEM,MASSACHUSETTS 01970
Thomas St.Pierre,Director of Inspectional Services
Phone:978-619-5641
Daniel Laroe,Staff Planner
City of Salem Phone:978-619-5685
Zoning Board of Appeals Application
Application ID: ZBA-25-3 Date submitted: January 13, 2025
TO THE BOARD OF APPEALS:
The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
Address:207 HIGHLAND AVENUE Zoning District: B-2 `'
An application is being submitted to the Board of Appeals for the following reason(s):
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The applicant is under contract to purchase the land and buildings at 207 Highland Avenue,which currently has one existing tenant under
lease,Davita Health Care,which will continue to operate its dialysis center at
207 Highland Avenue as permitted under the terms of a prior Decision of this Board as attached. The remainder and majority of the
buildiing is vacant commercial space. In 2023 the Board approved a Special Permit for a used care sale businessin 2023 to operate in
the vacant space by Special Permit(copy attached),but that business failed and vacated the space.
Davita has a lease and will remain as a tenant under its existing lease with no changes to its use,
occupancy or parking spaces.
The Applicant now seeks the zoning relief necessary to use or lease the vacant space in the building for two separate uses:1)a retail
grocery store with on-site parking(an allowed use),and 2) a licensed adult day-care center with on-site parking
(requires a ZBA Special Permit in the B-2 District), and 3) a ZBA Special Permit for shared parking between the
grocery and the day care.
For this reason,I am requesting:
false Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
true A Special Permit under Section Section 3.1.2(Table of Allowed and Accessory Uses requires ZBA Special Permit for use as an
Adult Day Care in B-2;);Sections 9.3.2 and 9.4.1 (grounds for Special Permits);Section 5.1.7(Special Permit for share parking)of the
Zoning Ordinance in order to Adult Day Care use and shared parking both require Special Permits.
L]Appealing a Decision of the Building Inspector:
L]Comprehensive Permit:
Current Property Use:A medical dialysis facility and otherwise vacant commercial space. Are Lot Dimensions Included:Yes
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be
constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially derogating froe' r)t,� r� se eMing
Ordinance. ((!!JJ"" Lf
Statement of Hardship(for Variances):
JAfl 14
Statement of Grounds(for Special Permits):
�,. - ,)F PLANNING &
See Attached Statement of Grounds ;_C)P►A ENT
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Petitioner:207 Highland LLC If different from petitioner
Address: 119 Herbert Street, Unit 101,Framingham, MA 01702 Property Owner:Charles Patsois,Trustee
Telephone:c/o William F.Quinn 978-745-8065 ext. 10 Address: 130 Atlantic Avenue,Marblehead,MA 01945
Email:c/o bill innla m I om / l j Telephone:C/O Atty.James Moore at 781-595-2050
O( � 7- �� �i�Z h�i� Email:jmoore@bradleymoorelaw.com
Signature: / ��,
Signature: �� _,�1lJ{j Cruet
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Date:
Date: 7 ��
If different from petitioner
Representative:William F.Quinn,Esq.
Address:27 Congress Street,Salem,MA 01970
Telephone:781-718-1355(CELL)
Email:billquinnlaw@gmail.com
Signature: '.4^ � -C��7
Date: ZS