72 HIGHLAND AVENUE - BUILDING INSPECTION 72 Highland_Ave,
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CITY CLERK'S OFFICE
SALEM n t,cc
DECISION ON THE PETITION OF AYRES T. D'SOUZA M.D.
REQUESTING A VARIANCE FOR 72 HIGHLAND AVENUE
A hearing on this Petition. was held on August 19, 1981 with
the following Board Members present: Douglas Hopper, Chairman;
Messrs. Hacker, Piemonte, Feeherry, and Associate Member
Martineau. Notices of the hearing were 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.
The Petitioner is requesting a variance for the property at
72 Highland Avenue to use the property for a professional office
for the practice of medicine. A variance is required because the
building is in a R-3 district where the proposed use is prohibited
without a variance.
The Board of Appeals, after consideration of the evidence
presented at the public hearing and after viewing the property
makes the following findings of fact:
1. The Petitioner and his colleague Dr. James Higgins are
well known and respected physicians who specialize in
the practice of pediatric medicine in the Salem area.
2, The Petitioner' s practice has outgrown his current
location.
3.' The proposed site for Petitioner's office is a vacant
building which will be substantially improved.
4 . Petitioner' s request is supported by neighbors .
5. At least seventeen other medical offices are located "
in this ,general area.
On the basis of the above findings of fact, and the evidence
presented at the public hearing, the Board of Appeals concludes
as follows:
1. The property in question is unique because of its current
state of disrepair and its peculiar location near the
Salem Hospital and surrounding medical offices.
2. The conditions described above especially affect the land
and structure in question but dd not generally affect
the zoning district in which the property is located.
2
3. The conditions described above which affect the land
in question, but not . the zoning district generally
cause the following special hardship: the property
cannot be properly utilized unless a variance is
granted.
4. The desired variance may be granted without substantial
detriment to the public good.
Therefore, the Board of. Zoning Appeals unanimously voted in
favor of granting the requested relief. The Board grants a vari-
ance to the Petitioner on the following terms and conditions:
1. . The property may be used for medical offices for no more
than three physicians. However, this limitation is not
intended to prohibit a subsequent request by the Petitioner
to enlarge his practice in the event of a change in cir-
cumstances.
2. The proposed construction at the side of the existing
structure as shown on plans submitted to the Board. is
also approved.
3. Parking for seven patients shall be maintained at the
property.
4. All plans shall be approved ,by the Building Inspector
and Fire Marshal.
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W civ Xnthony M. Foeherr
u J f/Secretary
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK AND THE
PLANNING BOARD.
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DEC 1 it L r59 i'ii 191
IFLL:.
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DECISION ON THE PETITION, OF DR. AYRES D_ OUZA
FOR A SPECIAL PERMIT AT 72-HIGHLAND AVENUE (R-3)
A hearing on this petition was held December 16, 1991 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt and Francis Grealish Jr. 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, owner of the property, is requesting a Special Permit to
allow construction of a second floor addition to a portion of the
premises and to lift a restriction limiting the number of allow doctors,
in a decision of August 8, 1981. The property is located in an R-3
zone.
The provision of the Salem Zoning Ordinance which is applicable to this
request for a Special Permit is Section 5-3(j ) , 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 8-6 and 9-4, 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 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 request.
DECISION ON THE PETITION OF AYRES D'SOUZA
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE, SALEM
page two
2. Three letters in support were received by the Board, ar¢¢ara 2yge .it91
68 Highland Ave. ,Kenneth Anderson, 84 Highland Ave. , and =iRe L
Verrette, Officer Manager, Salem Village Associates.
3. Councillor O'Leary spoke in favor as did Fire InspectRgtaAointg ;,, .,,Ass.
4. There will be adequate parking.
5. The granting of this petition will enhance Dr.D'Souza's child care
practice, as well as contribute to pediatrics at the Salem Hospital.
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1. The Special Permit requested 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.
2. The granting of the Special Permit requested will promote the public
health, safety, convenience and welfare of the City's inhabitants and
may be granted in harmony with the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant
the Special Permit requested, subject to the following conditions:
1. Petitioner shall comply with all City and State statutes,
ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall obtain a legal building permit.
4. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
5. A Certificate of Occupancy shall be obtained.
6. Seven (7) on site parking spaces are to be maintained.
y
DECISION ON THE PETITION OF Dr. Ayres D'Souza
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE, SALEM
page threeDEC L
SPECIAL PERMIT GRANTED I I-L,
December 16, 1991 ;ITY G_E _b• `--' ` ` "S S.
R1 Febonio, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
Appeal from this deciison, if any, shall be made pursuant to Section 17
of MGL 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
MGL Chapter 40A. , Section 11, the 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 to 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.
Board of Appeal
IRO,
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o FIELD COPY
y 1' CITY OF SALEM BUILDING °^
SALEM. MASSACHUSETTS 01970 PERMIT
.A VALIDATION
DATE November 16 IB 93 PERMIT NO 505-93
APPLICANT Ayers D'Souza 'ADDRESS 72 Highland Ave. Salem,Mass.
1X0.1 ISIR[[TI _ I(OXI P•S ll(f HILI
PERMIT TO SIding (�)
STORY Dwelling NUMBER OF 2
_ DWELLING.UNITS
ITT,( 0. IMPROVEMENT, NO. IPPOPOSEO USE'
72 Highland Ave. Ward 4 ZONING
AT ILO:PIIOAI g DISTRICT R-3
1«P.1 (SIREET) -
BETWEEN AND
IEPOIa lTREET) [CROSS ST RE[TI
LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING. 15.70 BE FT. WIDE BV FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP. - BASEMENT WALLS OR FOUNDATION
ITr PEI
REMARKS: Izsst.11 sidine
Inspected & Approved DateAREA OnPER
p{ -
'
GLUME ESTIMATED COST $ 5,60 FEEMIT S 35.00
C.JSIC.SQUIIIII 1127.
OWNER Ayers D'Souza
A^D�Ess 72 Highland Ave. Salem, Mass. } John J. Jennings
INSPECTOR OF BUILDINGS
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INSPECTION RECORD
DATE NOTE pIIOORESS - CRITICISMS AND REMARKS INSPECTOR
r'�r
Plans must be filed and approved by the Inspector before a permit will be granted.. /
No.3�5��'3 City of Salem Ward�7
IS PROPERTY LOCATED IN THE
HISTORIC DISTRICT? Yes_No /
IF SIDING, HAS ELECTRICAL
PERMIT BEEN OBTAINED? Yes No Home Phone # LMJ9'5-3)-ka3V
APPLICATION Bus. Phone # 35f -,5"3; =pa.3y
FOR
PERMIT TO ROOF, REROOF OR INSTAL SIDING
Salem,Mass.,
TO THE INSPECTOR OF BUILDINGS:
The undersigned herebv applies fora ermit to b ild according to the following specifications:
Owner's name and address _ psOUZr
Architect's name
Mechanic's name and address _
Location of building,No. oZ
What is the purpose of building? Yes I aPMet, _
Material of building? ljoar) c9 Tt2.U C TU R Asbestos? /Va
If a dwelling,for how many families?-
Will the building conform to the requirements of the law? Aes
Estimaied cost OO • 00 Cont tors Li .No.
Signature of applicant
REMARKS SIGNED UNDER THE
PENALTY OF PERJURY.
NoJ� Ward----
APPLICATION
ard_APPLICATION FOR
PERMIT TO ROOF
REROOF OR INSTALL SIDING
Location
PERMITGRANTED
Approv
Bu di g pectoi ~
tl
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COMMONWEALTH OF MASSACHUS£TI S
JEMRTbiEKr OF I?YDUSTRIAI_ACCIDENTS
v` 600 WASHINGTON STREET
rimes a -eoe+ BOSTON, MASSACHUSETTS 02111
WORKERS' COMPENSATION INSURANCE AFFIDAVIT
LEN OILrEZY
�I,censecr oermtnees
With a pnncipai place of businessiresidence ar:
1.49 KAIN STREET, PEABODY KA 01960
(Ciryistatelzip)
ao hereby cerctfy. under the pains and penalties of perjury, thar:
X I am an empiover providing the following workers compensation coverage for my employees working on this
00.
INSURANCE CO. OF NORR''rf AKFRICA C4016!"321
Insurance Comoanv Policy Number
J 1 am a sole proprictor and have no one working for me.
( J I am a sole proprietor. general contractor or homeowner (circle onei and have hires( the contracrors listed belt,
who have the following workers' compensation insurance policies:
Name of Contractor Insurance Compa.nv/Policy Number
`:ame of Contractor Insurance ComoanviPolicy Number
Name of Contractor Insurance CompanyiPolicv Number
(J i am a homeowner performing all the work myself.
NOTE: Please be aware that while homeowners woo crnoioy pervious to do cusuatenancr.construction or repair work on
:iweihne of not mon thaw three units to weirs the homeowner siso resides or on use grounds aopurseeant thereto am not genenHl�
considered to be emoiovers under the Workers CompensauonAct(CL C. 152.sees. 1!51),appitcatton by a homeowner for a licesi
or oermtt may evtdenee the nO status of an empiover under the Worker Compensation Act.
unaentano that a coov of this statement will be iorwaraea to the Department of Industriai Acaaenu' Of rt,of Insurance for coven
.enticatson and that iaiiure to secure coverage as required untie Secuon 15A of MGL 152 rats seal to the imoositson of erimina)ocnx
_onsssgne or a fine of uo to$1500.00 anaror smartsoncrent of un to one year son avii ocnasues in the form of a Sino Work Order an
of S 100.0000aaQaa
gay agnst me.
Signed rhis� day of `J,o 19
�tCernSCeIPCTmrttee I.iceasori Permraor
COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY
OF 11010 COMMONWEALTH AVE.
tt MASSACHUSETTS BOSTON,MA 02215
L I CENSE CAUTION
EXPIRATION DATE CONSTR. -SAJPERVJSOR
FOR PROTECTION AGAINST
RESTRICTIONS EFFECTIVE DATE LIC-NO, THEFT, PUT RIGHT THUMB
02/01/195,3 055582 g PRINT IN APPROPRIATE
BOX ON LICENSE.
R
LF,ONARD 131FIFIL.-Y 9
BLASTING OPERATORS
MUST INCLUDE PHOTO.
7 (31-1) PARE H.T.1-1- RD
rHoLoTv—LXs'Ti"aopFowY) FEE: FiOXpnQD MA 015121
NIGH VALLE)UNTIL SIGNED BY LICENSEE ANGGFFIGNLLY
HEIGHT: STAMPED-OR.SONA"F OF THE CpAM193gNER
DOB:
THIS E)CCUNIE"I MUST 09 4 SIGN NAME IN TOLL AROW SIGNATURE LINE
CARRIEDONMEPEFIS01401' WIGI OF LICENSEE
THE HOLDER WHEN EN W
0ACED"I".0CCUVAfl0N
APF'ROV. ALITH.
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7 x .7' ,
I
Registration
UME IMPROVEMENT tOOTRACIOR
Re
'gistration
PRIVATE CORPORATION
T
Expiration
ation 16123/94
Lew Gibely Contracting CO., Inc. i
J. Gibel
y
AnMitksTHATpR Main Street
j Peabody "A 11960
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