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0111 HIGHLAND AVENUE - BUILDING JACKET /// 9h land Ave . � i°/ '' /' � �/ .� J ./ G/, f I i CITY OF SALEM, MASSACHUSETTSCiF,, Of- SAiEM, MA BOARD OF APPEAL CLERK'S OFFICE IM a 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 7 / STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 - LOOS MAR MAYOR FAX: 978-740-9846 29 A 10L 33 DECISION OF THE PETITION OF MANUEL BERROA&HANS VON wEISS REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 111 HIGHLAND AVENUE R-1 A hearing on this petition was held on March 16,2005 with the following Board Members present: Nina Cohen, Chairman,Richard Dionne,Nicholas Helides,Bonnie Belier and Edward Moriarty. 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 request a Special Permit per Section 8-5 to alter an existing non-conforming use to another non-conforming use for the property located at 1 I 1 Highland Avenue located in an R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2) (8)which provide 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 for the City's inhabitants. A. 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. B. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise,to the petitioner. C. 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 OF THE PETITION OF MANUEL BERROA&HANS VON WEISS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 111 HIGHLAND AVENUE R-1 page two The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans,makes the following findings of facts: 1. Petitioner Berroa is the owner and petitioner. He was represented by Attorney Joseph M. Sano,Esq. of Lynn. Dr. Von Weiss is the prospective buyer of a mixed use property at 111 Highland Ave.In zoning terms the property is an existing non-conforming use;until recently, Mr. Berroa operated a used car sales business on a portion of the site and used the other portion for a residence. The property is non-conforming as to lot size (consisting of 13, 100 sf)and frontage (approximately 48.5 ft.), and also violates the ordinance as to the number of principal uses on one lot. 2. Dr. Von Weiss,who was represented by Attorney George Atkins, stated that he sought permission to end the use as a car lot, and instead to employ the existing buildings as an adjunct to his existing business as a dermatological clinic offering skin care. His existing business,located since 1972 next door at 107 Highland Avenue, will expand into the new space, and he will employ no more than 4 fill time doctors at both clinics. 3. No changes in the footprint of the existing building will be required, although the existing business will be fixed up a bit to house the clinic.No changes are contemplated to the residential use either,which will continue to be rented to tenants.Dr. Von Weiss undertook to add landscaping along the border between the clinic and the residence,to improve the look of the residence and make it more in keeping with the residential section along Willson Road. 4. Mr. Roger Hastings of 3 Willson Road endorsed the plan,provided that the petitioner does make efforts to improve the look of the residence,which he said recently had been somewhat neglected. Another neighbor,Mr. Bemand Caron of 108 Highland Avenue, spoke in support of the Special Permit, saying that Dr. Von Weiss has been a good neighbor. Mr. Jean Pelletier, Ward Councillor for Ward 3, also supported petitioner's request. On the basis of the above findings of fact, and on the evidence presented at the hearing,the Board of Appeal concludes as follows: DECISION OF THE PETITION OF MANUEL BERROA& HANS VON WEISS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 111 HIGHLAND AVENUE R-1 page three I. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can being granted without substantial detriment to the public good and without nullifyor substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property, but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Occupancy. 5. Petitioner shall have no more than 4 full time employees. 6. Petitioner shall install landscaping to separate the clinic use and residential use. 7. Petitioner shall comply with the parking plan submitted and dated February 1, 2005. Special Permit Granted �' ✓�� �� March 16, 2005 Nina Cohen, Chairman 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 MGL Chapter 40A,and shall be Sled 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 Variance or Special Permit granted herein shall not take effect until a copy of the decision,bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that,if such appeal has been filed,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title. AGU12 Y 7L � SALEM, MASS, NUMBER - FEE THE COMMONWEALTH OF MASSACHUSETTS - 30-81 $50. 00 F ---_....CITY__...__of SALEM........._. ...............----• `:.. USED CAR DEALER'S LICENSE-CLASS 11. TO BUY AND SELL SECOND-HAND MOTOR VEHICLES In accordance-'with theprovisions of Chapter-140 of the-General Laws with amendments' thereto .-....___-_-.-. _E-Z SERVICE is hereb licensed to buyand sell second-hand motor vehicles at No........._115 _ _•___•• ........_.YII:ghland venue ....___...._. St. ........_._Salemt _MA 01970 _ i on premises described as follows: Gas Station••--• Garage- •_O _.. - . . . ..........................._................ ..._........... --:-••-_-_--_Approximately_10,_000 »square••feet•»of:•»landW .._ ••----_-- L.imi....ol 2 cars _on display at•__one time. Individual Ownership Edward J. arohian ..........._...__._ ..__......_...._._.._ MaY .5:_...............19_8l _ _ THIS LICENSE EXPIRES J N. 1. 1982 . THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. FORM as Hoeee a WAARKH. INC. .._ ..........,....,,.. (OVER) _ NUMBER � �- � --- --�—�-- FEE THE COMMONWEALTH OF MASSACHUSETTS 19-89 $50.00 ...CIMY.................. of .. . ...................SALEM.......---.......... USED CAR DEALER'S LICENSE—CLASS II. TO BUY AND SELL SECOND-HAND MOTOR VEHICLES In accordance with the provisions of Chapter 140 of the General Laws with amendments theretoE.J.Z. CARS LTD* is hereby licensed to buy and sell ,ccond-hand motor ecbicles at No........._115-----.......................... .Highland.Ave.................................................... St. ...........Salem, Ma. 01970 on premises described as follows: Gas.St 1 0_-..Gatage. Q.... . ...................................... I............................................. .. ...... -AppXiMA ely_10,000_sq,..ft...pf.Iand. . ....__.................................................................. .......... ................................................................_...._ ................................................................................................. O.W N ERp_..Edward-J...Zamhian............................ ....._......................................._............................ .D.ecembPs.30,.............1988.--• . -.. .... .........._... - ..... .- --------------------- F ... ...i� ............. ... _I L: --------- - THIS LICENSE EXPIRES JAN. 1, 990 l/ THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. FORM 55 110.119 4 WARREN. INC.RCV.St. (OVER) e� � & Citp of 6atem, 01a5!5arbu!�ettz s 3public 3prapertp Mepartment Nuf Bing Mepartment One 6alem Oreen (978) 745-9595(est. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 11 , 1998 Judy Danverport Licensing Board 95 Margin Street Salem, Mass . 01970 RE : 111 Highland Avenue Z-48-98 Dear Judy: According to the records on file in the Building Inspectors Office , the correct address for the 107 Auto Sales location is 111 Highland Avenue and not 115 Highland Avenue. Also our records show that the current use of the property as a used car lot was denied by the Zoning Board of Appeals on March 15 , 1990 . (See attached ) . If you have any further questions , please contact me at my office . Sincerely,, Kevin G. Goggin Inspector of Buildings KGG: scm cc : Al Viselli Councillor O ' Leary, Ward 4 f/ EXHIBIT "E" r _ (ffItV of �21tt1em, { {ttss�ztl�usPtts L :, vs Pourb of',AFprzd HA 15 lU 32 r9D .id FILE ` DECISION ON THE PETITION OF STEVEN & LISA MULLINS (PETITIONCRS) FOR'AN ADMINISTRATIVE .RULING AT .111 HIGHLAND AVENUE (R-':)Ty -,L._-•: y f:a•a EDWARD ZAROHIAN (OWNER) A hearing on this petition was held November 15, 1989 with the following Board Members present: James Fleming, Chairman; John Nutting, Richard Febonio, Edward Luzinski 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. Petitioners are requesting an Administrative Ruling in accordance with- Section IX'"of,the Zoning Ordinance and MGL 40A. Section 7 relative to use of the Premises and enforcement of Sections V-8 (2) and VIII-E(6) of the Zoning — Ordinance with respect to said premises. More specifically, the petitioners request the Board of Appeal to order the Inspector of Buildings to enforce the Zoning Ordinance by prohibiting the continued unauthorized use of thesite as a used car lot. After hearing the evidence the Board of Appeal makes the following findings of fact: 1 . The use of the property as a gas station has been abandoned for over two years. 2. Permission of operate a used car lot has not been sought from the Board of Appeal . 3. The current use is not permitted in an R-1 Zone. Therefore, based on the above findings of fact and on evidence presented, the Zoning Board of Appeal voted unanimously, 5-0, in favor of the petitioners request for an Administrative Ruling and to direct the Inspector of Buildings to enfprce provisions of the Salem Zoning Ordinance. 11 Edward Luzinski , Xmber, 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 Mass. General Laws. Chapter 808. and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass.General Laws. Chco!er 808. Section 11, the Variance or }pecial Permit granted herein snail 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 Es"X Registry of Deeds and Indexed under the name or the owner of record m Is recorded and noted en the owner's Certificate of Title. DOARO OF APPEAU ofttlem, ttssttcljusP##s 3oQ Pozira of �Fpezd APR 23 33 Ci ITY OF Ci Fitn'S OFFic DECISION ON THE PETITION OF PETER_BELESIS ,REQUESTING_A_SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 11�LANDD AVE /ONE WILLSON STREET (R-1 ) ------- — A hearing on this petition was held April 15, 1998 with the following Board Members present: Gary Barrett, Chairman, Richard Dionne, Nina Cohen ,Ronald Harrison and Michael Ward. 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 Special Permit to allow the petitioner to operate a take-out style restaurant for the property located at 111 Highland Avenue/One Willson Street (R-1 ) 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 Sections 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. :n 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 . Attorney Kevin Daly, 30 Church Street represented the petitioner Peter Belesis. The owner of the property Edward Zarorians , was present at the hearing and spoke in favor of the petition. 3 . The proposed restaurant would be a seafood & roast beef take out style, seating around 15 and having a delivery service. There would be parking for 15 cars. The proposed hours of operation would be from 10:00 a.m. to 10:00 p.m. DECISION OF THE PETITION OF PETER BELESIS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 11 HIGHLAND AVENUE/ONE WILLSON STREET two 4 . There would be no expansion to the footprint of the building. 5 . Landscaping would provide for a buffer to the property and a dumpster to be placed behind the building in a fenced in coral . 6. Several letters in opposition were submitted to the board. Councillors Kevin Harvey, Scott McLaughlin and Joan Lovely presented letters in opposition signed by 3 abutters of the property. Mr. & Mrs. Guinta of 117 Highland Ave. , Mr. & Mrs . Economides of 118 Highland Ave. and Bernard Caron of 108 Highland Ave. There was also a petition presented opposed to the petition signed by the following; Mr. Lavoie, 9 Cottage St. , hIr. Griffin of 7 Cottage St. , Mr. Volantv of 1 Willson St. , Mr. Genovese of 108 Highland Ave. , Mr. & Mrs. Von Veiss, 101 Highland Ave & Mr. Pellitier of 6 Cottage St . 7 . Those present in opposition to the petition were Stanley Poirer of 8 Cottage St. and Joseph Marfongelli of 3 Willson Street. S . All those in opposition addressed concerns of traffic being a problem, odors and a possible rodent problems. 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 cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2 . The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safetv, convenience and welfare of the City's inhabitants . Therefore, the Zoning Board of Appeal voted 0 in favor, and 5 in apposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED April 15, 1998 Paul Valaskagis " Member, Board of Appeal _ O t.• > O r T D N C Lo N ^T DECISION OF THE PETITION OF PETER BELESIS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 111 HIGHLAND AVENUE/ONE WILLSON STREET page three 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 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 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 or 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 n a a N 7 e . i _r O 2 Tv >> � � m COMMONWEALTH OF MASSACHUSETTS Essex, ss. Land Court Department Case No. EDWARD J. ZAROHIAN, ) Plaintiff ) V, ) COMPLAINT STEVEN MULLINS, LISA MILLINS, ) and JAMES FLEMMING, JOHN NUTTING, ) RICHARD FEBONIO, EDWARD LUZINSKI ) and ARTHUR LaBRECQUE, as they are ) MEMBERS OF THE CITY OF SALEM ) ZONING BOARD OF APPEALS, ) Defendants ) 1. This is an action under M.G.L. c. 40A, §17 , appealing a decision of the City of Salem Zoning Board of Appeals. 2 . The Plaintiff, Edward Zarohian, is the owner of the com- mercial premises situated at and known as 111 Highland Avenue in Salem, Essex County, Massachusetts (hereinafter "the Zarohian Property" ) . 3. The Defendants, Steven and Lisa Mullins, are the resi- dent owners of the single-family dwelling situated at 3 Wilson Road in said Salem. 4 . The Mullins ' dwelling abuts the Zarohian Property. 5 . Both parcels are located in an R-1 residential zoning district, as described in the City of Salem Zoning Map and By-Law. 6 . At all times material hereto, the Defendant, James Fleming was the Chairman of the Salem .Zoning Board of Appeals and, on information and belief, he resides at 47 Buffam Street in said Salem. 7 . At all times material hereto, the Defendant, John Nutting, was a Member of the Salem Zoning Board of Appeals and, on information and belief, he resides at 68 Moffat Road in said Salem. 8 . At all times material hereto, the Defendant, Richard Febonio, was a Member of the Salem Zoning Board of Appeals and, on information and belief, he resides at 4C Arnold Drive in said Salem. LOVSKY y GLOVSKY .TTORNEYS AT LAW .HT WASHINGTON ST. BEVERLY, MASS. i 9. At all times material hereto, the Defendant, Edward Luzinski, was a Member of the Salem Zoning Board of Appeals and , on information and belief , he resides at 25 Hardy Street in said Salem. 10. At all times material hereto, the Defendant, Arthur LaBrecque, was an Associate Member of the Salem Zoning Board of Appeals and, on information and belief, he resides at 11 Hazel Street in said Salem. 11 . The commercial uses presently conducted at the Zarohian Property, including the sale of used motor vehicles and the repair and servicing of motor vehicles , constitute legal pre- existing nonconforming uses of the parcel , under M.G.L. c. 40A, §6, insofar as such uses were conducted on the site at and prior to the effective date of those changes in the City of Salem Zoning Map and Zoning By-Law, which currently prohibit such com- mercial uses; and have continued, on an uninterrupted basis , since said effective date. 12 . A valid pre-existing nonconforming use of the premises , as a gasoline filling station, was abandoned by the Plaintiff , approximately two or three years ago. 13 . Notwithstanding the valid non-conforming status of the Zarohian Property, the Defendants, Steven and Lisa Mullins , on or about January 20 , 1989 , filed an enforcement request with the City of Salem Building Inspector and Zoning Enforcement Officer, pursuant to G.L. c. 40A, §7 , challenging the legality of any com— mercial uses at the site . A true and accurate copy of said enforcement request is annexed hereto and incorporated herein by reference as Plaintiff ' s Exhibit "A" . 14 . On or around January 24 , 1989 , the Mullins enforcement request was denied by the City of Salem Building Inspector and Zoning Enforcement Officer. A true and accurate copy of the Building Inspector ' s written demand is annexed hereto and incor- porated herein by reference as Plaintiff ' s Exhibit "B" . 15 . On or about February 23 , 1989 , the Mullins filed a petition with the Board of Appeals , appealing the Building Inspector ' s refusal to take enforcement action against the com- mercial uses of the Zarohian Property. A true and accurate copy of the Mullins ' Petition is annexed hereto and incorporated herein by reference as Plaintiff ' s Exhibit "C" . 16 . The Mullins , through their attorney, agreed to waive the time restrictions under c. 40A, within which the Board was required to act on the Mullins ' appeal . See Exhibit "D" annexed. OVSKV $ GLOVSKY TIORNEVS AT LAW -2- HT WASHINGTON ST, BEVERLY, MASS. 17. A public hearing was held on the Mullins Petition on November 15, 1989 . 18 . On May 15 , 1990 , the Board of Appeals filed its written decision on the Mullins ' Petition, with the Salem City Clerk, wherein, by unanimous vote, the Board purported to overturn the decision of the Building Inspector, by ordering said official to take enforcement action against the continued use of the Zarohian Property as a used car lot. A true and accurate copy of the Board ' s written decision is annexed hereto and incorporated herein by reference as Exhibit "E" . 19 . In acting on the Mullins ' Petition, the Board applied an incorrect standard of review, ignored certain undisputed fac- tual statements concerning the history of the Zarohian Property and, otherwise, failed to make all necessary findings required by law. 20 . The Board exceeded its authority in rendering its May 15, 1990 written decision on the Mullins ' Petition. WHEREFORE, the Plaintiff prays that: a . the May 15 , 1990 written decision of the Salem Zoning Board of Appeals, concerning the Zarohian Property, be annulled; b, this' Honorable Court enter a declaratory judgment that the Plaintiffs use of the subject premises for the pur- poses of motor vehicle sales , services and repairs , j constitutes a valid pre-existing nonconforming use ;,i the property under G.L. c. 40A, §6 ; C . he be awarded his costs of suit; and d . this Honorable Court enter whatever other and further relief it deems meet and just herein. Respectfully submitted , By Plaintiff ' s Attorney, i Date : Kevin M. Dalton GLOVSKY & GLOVSKY Eight Washington Street Beverly , Massachusetts 01915 ( 508 ) 922-5000 BBO#112710 .OVSKY 6 GLOVSKY tTORNEYS AT LAW HT WAyuNGTON ST. -3- BEVERLY, MASS. EXHIBIT "A" RONAN. STROME. SEGAL. & HARRINGTON ArOWAE SAI LAV FIRM-NINE FEDERAL STREET JAMES i ROPJAPJ H022 W871 SALEM.MASSACHUSETTS 01970 0 MODIE STREET RL14P STROME MICHAEL J HARRNGTON GLOUCESTER.MA 01070 JACOB S.SEGAL 508174`10350 15081283 7402 MARY RfMON)E HARRXVG1pN FAX 150817441400 (5M)2153 7435 GEORGE w ANINS.91 73WASHINGTON STPEET J MICHAEL SMITH SkEM.MA01970 MICHELE HOLOVAK HARRISON 1508174452]0 DEBRA RAHMM SILBERSTEIN JOHNH RONAN 15061 7".0372 PAUL G.CTOCHIERE M-692.2 BRAIN CASSOV RlENO_ January 20, 1989 Mr. William Munroe Building Inspector One Salem Green Salem, MA 01970 Re: 111 Highland Avenue Salem, MA Dear Mr. Munroe: Please be advised that this office represents Steven and Lisa Mullins of Three Willson Road, Salem, Massachusetts, an abutter to 111 Highiand Avenue, Salem, Massachusetts. The property at 111 Highland Avenue is located in an R-1 district. The property was used as a gas station for a number of years which was apparently per- mitted as an existing nonconforming use. However, the owner abandoned use of the property as a gas station several years ago and as a result, abandoned the prior non- conforming use. Since then, he has apparently operated a used car lot on the premises, for which changed use he never obtained permission from the Zoning Board of Appeals. It is our contention that any use of the property for anything but what is permitted in an R-1 district is in violation of the zoning by-law of the City of Salem. Demand is hereby made, in accordance with G.L. c.40A §7, that you investi- gate the use of the premises at 111 Highland Avenue and enforce the zoning by-law of the City of Salem with respect to said premises. Very truly yours, MPH:jf Mary P: Harrington CERTIFIED MAIL cc : Steven and Lisa Mullins n - i - C �J 1'II 1 f 7 7 'G a S N Q0 EXHIBIT "B" of Tatem, Naggarpmgettg Public Property department �Nuilbing 33epartment One abaltm Orrrn 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 24, 1989 Mary P. Harrington. Esq. Ronan, Strome. Zegal & Harrinzton 59 Federal Street Salem, MA 01970 RE: 111 Highland Avenue, Salem Dear Ms. Harrington: As per your request I have investigated the possibility of a zoning violation at the above referenced address. The active file in the City of Salem Licensing, Board Office indicates an auto dealer license has been issued annually up to and including the current 1989 calender year for this oroperty. .Although these active files only ro back to 1981 , people more familiar with Droperty than I am suvv est the license was obtained many years 'prior to that, back to when the rias station was active on the site. In view of the above it would appear that no violations exist at this time. S ncerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms EXHIBIT "D" Board of Appeal City of Salem Salem, MA 01970 Re: The undersigned hereby waives the time requirement, which the Board has to act on the above referenced petition under Massachusetts General Laws, Chapter 40A, Section 15. moa CITY OF SALEM - MASSACHUSETTS KEVIN T.DALY Legal Department LEONARD F. FEMINO Ctry Solicitor 93 Washington Street Assistant City Solicitor 508-7454)500 Salem, Massachusetts 01970 508-921-1990 June 13 , 1990 Commonwealth of Massachusetts Land Court Department Rin. 408 old Court House Boston, MA 02108 ATTENTION: Docketing Clerk RE: Edward J. Zarohian, Plaintiff vs. Steven Mullins, et al Dear Sir/Madam: Relative to the above named matter, please find enclosed My Notice of Appearance on behalf of the City of Salem Board of Appeals. Thank you for your attention to this matter. Very truly yours, Kevin T. Daly City Solicitor KTD/ask Enclosure: cc: Kevin M. Dalton Mary P. Harrington Board of Appeals SS'1Si?13TCs JO 111 S1138dl d0 0'�t+09 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. TRIAL COURT OF MASSACHUSETTS LAND COURT DEPARTMENT DOCKET NO. : EDWARD J. ZAROHIAN, ) Plaintiff ) V. ) NOTICE OF STEVEN MULLINS, LISA MILLINS ) APPEARANCE and JAMES FLEMMING, JOHN NUTTING, ) RICHARD FEBONIO, EDWARD LUZINSKI ) and ARTHUR LaBRECQUE, as they are ) MEMBERS OF THE CITY OF SALEM ) ZONING BOARD OF APPEALS, ) Defendant ) In the above-named action, Kevin T. Daly, Esquire appears on behalf of Defendants James Flemming, John Nutting, Richard Febonio, Edward Luzinski, Arthur Labrecque, as they are members of the City of Salem Zoning Board of Appeals. Date June 13, 1990 evin T. Daly City Solicitor One Church Street Salem, MA 01970 (508) 745-0500 41 ( itg ofttlrm, � ttssttchusetts n s Poxra of AppealF� 3 eu '87 DECISION ON THE PETITION OF EDWARD ZAROHIAN FOR A VARIANCE VASS, AND SPECIAL PERMIT FOR 111IN AVE. �, I G A hearing on this petition was held January 21 , 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming,Luzinski and Strout. Notice of the hearing was sent to abutters and others and notices of the hearir,_ were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance to encroach on side yard setbacks and a Special Permit to extend nonconforming use in this R-1 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, in accordance 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 sucr. 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 Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and wn: ch are not generally affect other lands, buildings or structures it .ne same district; b. literal enforcement of the provisions of the Zoning Ordinance would is:clve 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, makes the following findings of fact: 1 . There was major neighborhood opposition; 2. It was determined that the project in its current plan would be detrimental to neighboring property values; 3. Petitioner failed to meet his burdon of proof with regards to hardship. DECISION ON THE PETITION OF EDWARD ZAROHIAN FOR A VARIANCE AND SPECIAL PERMIT FOR 111 HIGHLAND AVE. , 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 . The proposed plan would not be in harmony with the district and would not promote the health, safety, convenience and welfare of the City's inhabitants; 2. Special conditions do not exist which especially affect the subject property and not the district generally; 3. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner; 4. The relief requested cannot be grantedwithoutsubstantial detriment to the public good or without nullifying or substantially derogating fro-: the intent of the district and the purpose of Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, against granting the requested Variance and Special Permit. DENIED \ ' C��7L.G��% aures B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Jp. DISTRICT #S OFFICE 488 MAPLE STREET, DANVERS 01823 Permits - Salem Novmber 29, 1988 Mr. William Monroe Salem Building Inspector One Salem Green Salem, Massachusetts 01970 Dear Mr. Monroe: The District has been made aware of a proposed Jiffy Lube being constructed at 111 Highland Avenue in the City of Salem. Chapter al; Section 21, of the General Laws states "Any person who builds or expands a business, residential, or other facility intending to utilize an existing access or a new access to a State highway so as to generate a substantial increase in or impact on traffic shall be required to obtain a permit under this section prior to constructing or using such access. Said person may be required by the Department to install and pay for, pursuant to a permit under this section, standard traffic. control devices, pavement markings, Channelization, or other highway improvements to facilitate safe and efficient traffic flow, or such highway improvements may be installed by the Department and up to one hundred per cent of the cost of such improvements may be assessed upon such person." We are requesting that no building permits be issued until such time as the proponent contacts the District Permits Engineer and the actual access permit is issued to them. Your cooperation in this matter will be appreciated. Very truly yours, DominicS. finale, P.E. - Acting Dis ict Highway Engineer Cl) p n C7 FJH/as C T ITi . cc: RHJ nm O:) JD1A m4 w GK z o ~ a JF Cn H fJf CX Citp of *atem, Bam5acbugett5 m; public propertp Mcpartment \9Piyymg�N+'T �3uilbing Mepartment One *alem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 24, 1989 Mary P. Harrington, Esq. Ronan, Strome, Segal & Harrington 59 Federal Street Salem, MA 01970 ARE:=1 Y1-Highland=Avenue,Salem' Dear Ms. Harrington: As per your request I have investigated the possibility of a zoning violation at the above referenced address. The active file in the City of Salem Licensing, Board Office indicates an auto dealer license has been issued annually up to and including the current 1989 calender year for this property. Although these active files only go back to 1981 , people more familiar with property than I am suggest the license was obtained many years prior to that, back to when the gas station was active on the site. In view of the above it would appear that no violations exist at this time. S,ncerely, Zl/-, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms NUMBER � — —— -----�------- FEE THE COMMONWEALTH OF MASSACHUSETTS 19-89 $50.00 ...CITY .. of....................... . SALEM............ .. USED CAR DEALER'S LICENSE-CLASS 11. TO BUY AND SELL SECOND-HAND MOTOR VEHICLES In accordance with the provisions of Chapter 140 of the General Laws with amendments thereto E.J.Z. CARS LTD. -- - -........................- --- --- -............................ ...................------................ is hereby licensed to buy and sell second-band motor vebicics at No..........115.......-....................... .Highland.Ave---------------- ....................._......_.... St. ..._......Salem.:._Ma. 01970 .. . ..... -................... - -- . on premises described as follows: Gas-StatiDn--..Garage. Office..................... ..... ................................................. ...._.... - - -.. Appmximately..1Q000_&4._ft ..9f.land........... ._.. .......................................................................... ... .. . . ...................................................._............ . ......._....__..._............................................................. OWNER: Wwapd. J. Zar.ohian ..D.eceStbes ao-------------19sa---• ..... ...... ........ --- -- - � 1 . . - ... - ...... - - THIS LICENSE EXPIRES JAN. 1, 990 .. THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. FORM 59 HOee4 @ WwanEN. INC.."ISE. (OVER) COMMONWEALTH OF MASSACHUSETTS Essex, ss. Land Court Department Case No. EDWARD J. ZAROHIAN, ) Plaintiff ) V• ) COMPLAINT STEVEN MULLINS, LISA MILLINS, ) and JAMES FLEMMING, JOHN NUTTING, ) RICHARD FEBONIO, EDWARD LUZINSKI ) and ARTHUR LaBRECQUE, as they are ) MEMBERS OF THE CITY OF SALEM ) ZONING BOARD OF APPEALS, ) Defendants ) 1. This is an action under M.G.L. c. 40A, §17 , appealing a decision of the City of Salem Zoning Board of Appeals. 2 . The Plaintiff, Edward Zarohian, is the owner of the com- mercial premises situated at and known as 111 Highland Avenue in Salem, Essex County, Massachusetts (hereinafter "the Zarohian Property" ) . 3. The Defendants , Steven and Lisa Mullins, are the resi- dent owners of the single-family dwelling situated at 3 Wilson Road in said Salem. 4. The Mullins ' dwelling abuts the Zarohian Property. 5 . Both parcels are located in an R-1 residential zoning district , as described in the City of Salem Zoning Map and By-Law. 6 . At all times material hereto, the Defendant, James Fleming was the Chairman of the Salem .Zoning Board of Appeals and, on information and belief , he resides at 47 Buffam Street in said Salem. 7 . At all times material hereto, the Defendant , John Nutting, was a Member of the Salem Zoning Board of Appeals and, on information and belief, he resides at 68 Moffat Road in said Salem. 8 . At all times material hereto, the Defendant , Richard Febonio, was a Member of the Salem Zoning Board of Appeals and, on information and belief , he resides at 4C Arnold Drive in said Salem. IVSKY & GLOVSKY TORNEYS AT LAW 'T WASHINGTON ST. BEVERLY, MASS. 9. At all times material hereto, the Defendant, Edward Luzinski , was a Member of the Salem Zoning Board of Appeals and , on information and belief , he resides at 25 Hardy Street in said Salem. 10 . At all times material hereto, the Defendant, Arthur LaBrecque, was an Associate Member of the Salem Zoning Board of Appeals and , on information and belief, he resides at 11 Hazel Street in said Salem. 11 . The commercial uses presently conducted at the Zarohian Property, including the sale of used motor vehicles and the repair and servicing of motor vehicles , constitute legal pre- existing nonconforming uses of the parcel , under M.G.L. c. 40A, 96 , insofar as such uses were conducted on the site at and prior to the effective date of those changes in the City of Salem Zoning Map and Zoning By-Law, which currently prohibit such com- mercial uses ; and have continued, on an uninterrupted basis , since said effective date. 12 . A valid pre-existing nonconforming use of the premises , as a gasoline filling station, was abandoned by the Plaintiff , approximately two or three years ago. 13 . Notwithstanding the valid non-conforming status of the Zarohian Property, the Defendants, Steven and Lisa Mullins, on or about January,. 20 , 1989 , filed an enforcement request with the City of Salem Building Inspector and Zoning Enforcement Officer, pursuant to G.L. c. 40A, §7 , challenging the legality of any com mercial uses at the site. A true and accurate copy of said enforcement request is annexed hereto and incorporated herein by reference as Plaintiff ' s Exhibit "A" . 14 . On or around January 24 , 1989 , the Mullins enforcement request was denied by the City of Salem Building Inspector and Zoning Enforcement Officer. A true and accurate copy of the Building Inspector' s written demand is annexed hereto and incor- porated herein by reference as Plaintiff ' s Exhibit "B" . 15 . On or about February 23 , 1989 , the Mullins filed a petition with the Board of Appeals , appealing the Building Inspector ' s refusal to take enforcement action against the com- mercial uses of the Zarohian Property. A true and accurate copy of the Mullins ' Petition is annexed hereto and incorporated herein by reference as Plaintiff ' s Exhibit: "C" . 16 . The Mullins , through their attorney, agreed to waive the time restrictions under c. 40A, within which the Board was required to act on the Mullins ' appeal . See Exhibit "D" annexed. SKY & GLOVSKY )RNEYS Al LAW -2- WASHINGTON ST. v ERLY. MASS. 17. A public hearing was held on the Mullins Petition on November 15, 1989 . 18 . On May 15 , 1990 , the Board of Appeals filed its written decision on the Mullins ' Petition, with the Salem City Clerk, wherein, by unanimous vote, the Board purported to overturn the decision of the Building Inspector, by ordering said official to take enforcement action against the continued use of the Zarohian Property as a used car lot. A true and accurate copy of the Board ' s written decision is annexed hereto and incorporated herein by reference as Exhibit "E" . 19 . In acting on the Mullins ' Petition, the Board applied an incorrect standard of review, ignored certain undisputed fac- tual statements concerning the history of the Zarohian Property and, otherwise, failed to make all necessary findings required by law. 20 . The Board exceeded its authority in rendering its May 15 , 1990 written decision on the Mullins ' Petition. WHEREFORE, the Plaintiff prays that: a . the May 15 , 1990 written decision of the Salem Zoning Board of Appeals , concerning the Zarohian Property, be annulled; b, this' Honorable Court enter a declaratory judgment that the Plaintiffs use of the subject premises for the pur- poses of motor vehicle sales , services and repairs , constitutes a valid pre-existing nonconforming use of the property under G.L. c. 40A, §6; C . he be awarded his costs of suit ; and d . this Honorable Court enter whatever other and further relief it deems meet and just herein. Respectfully submitted , By Plaintiff ' s Attorney, Date : Kevin M. Dalton GLOVSKY & GLOVSKY Eight Washington Street Beverly, Massachusetts 01915 ( 508 ) 922-5000 BBO#112710 :SKY & GLOVSKY )ANEYS AT LAW WASHINGTON ST. -3- VEFLY, MASS. EXHIBIT "A" RONAN, STROME. SEGAL. & HARRINGTON ='CO7h v1 Ai:A'.V i I FAFTY-NINE FEDERAL STREET JAMES I RONAN 1192219871 SALEM.MASSACHUSETTS 01070 0 MIODLE STREET MILIG SIROME GLOUCESTER.MA 01970 MICHAEL( HAORINGTON _OBI Ida 0]50 (508128]7,172 JACOBS.SEGAI 15081283 7435 MARY pEMONTF HARRINGION T AN ISOB)]dd7493 GEORGE W ALpNS.III J7 WASHINGTON STREET J MCHAELSMITH SALEM.MA 01970 MICHELE HOLOV"MATTISON 150817"32]0 DEBRA RAHMIN SILBERSTEIN 150817ddA172 JONNH RONAN PAUL G.CROCMERE BRNN V CASSiDY FILE NOM-692.2 January 20, 1989 Mr. William Munroe Building Inspector One Salem Green Salem, MA 01970 Re: Ill Highland Avenue Salem, MA Dear Mr. Munroe: Please be advised that this office represents Steven and Lisa Mullins of Three Willson Road, Salem, Massachusetts, an abutter to 111 Highland Avenue, Salem, Massachusetts. The property at Ill Highland Avenue is located in an R-1 district. The property was used as a gas station for a number of years which was apparently per- mitted as an existing nonconforming use. However, the owner abandoned use of the property as a gas station several years ago and as a result, abandoned the prior non- conforming use. Since then, he has apparently operated a used car lot on the premises , for which changed use he never obtained permission from the Zoning Board of Appeals. It is our contention that any use of the property for anything but what is permitted in an R-1 district is in violation of the zoning by-law of the City of Salem. Demand is hereby made, in accordance with G.L. c.40A 47, that you investi- gate the use of the premises at 111 Highland Avenue and enforce the zoning by-law of the City of Salem with respect to said premises. Very truly yours, MPH:jf Mary P: Harrington CERTIFIED MAIL cc: Steven and Lisa Mullins C_ In 'C3 a = N CG N to EXHIBIT "B" Citp of �afem, jHaggarbu.5ettg Jublir 13roperty Mepartment �Suilbing department One 6alem dretn 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 24, 1099 Mary P. Harrington. Esq. Ronan, Ztrome. Zeaal & Harrington 59 Federal ;,trees Salem, MA 01970 RE: 111 Highland Avenue, Salem i Dear Ms. Harrington: As per your request I have investigated the possibility of a zoning violation at the above referenced address. The active file in the City of Salem Licensing Board Office indicates an auto dealer license has been issued annually up to and including the current 1089 calender year for this property. !Although these active files only Fo back to 1'181 , people more ;amiliar with Droperty than I am suggest the license was obtained many years Prior to that, back to when the gas station was active on the site. In view of the above it would appear that no violations exist at this time. Sincerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms EXHIBIT "D" i Board of Appeal City of Salem Salem, MA 01970 Re: The undersigned hereby waives the time requirement, which the Board has to act on the above referenced petition under Massachusetts General Laws, Chapter 40A, Section 15. C/ EXHIBIT "C" iDATE:..F9bru4rY..24.,.J9.89...... . APPEAL CASE NO. .... e �''b���•'`g CT1'Y OF SALEM, MASSACHUSETTS TO THE BOARD OF APPEALS: The Underai d r r gen at t ar the 0M, of certain parcel of land located Three §rflson an arbu e: to R1ghlar Avenue foie '�arcel�') at No. . .$jtcent; Zonin ii t. R;1 and said Parcel is affected by Section(s). L9 ' and VI IY-�(P); of the Salem Zoning Ordinance xxYd;/romc:9�romdt 0xKxxxx a6fX617�(idlla�a�alaeaoc0a(X�m:1(OB(�8nxkl�hm�CX�7Gdfecx Demand was made of rl=xxA xzlblWXkxxmorkxpr4p70lCXt*XbxxxxbilkE-xxnbxtXXx3dxX)o the Inspector of Buildings in accordance with Section IR A41 of the Zoning Ordinance. zrd Massachusetts General Laws Chapter 40A, section 7, to investigate the use of the premises at 111 Highland Avenue and to enforce Sections V-B(2)(+) and VIII-E( 6) of the Zoning Ordinance with respect to said premises. request enforcement The AppllxxxUx for YlPri = was denied by the Inspector of Buildings for the following reasons: The active file in the City of Salem Licensing Board Office indicates an auto dealer license has been issued annually from 1981 (the earliest date of said active file) up to and including the current 1989 calendar year for the property. It has also been suggested to the Inspector of Buildings by others that said license was obtained in preceding years back to when a gas station was active on the site. The Undersigned hereby petitions the Board of Appeals to VUjxxxAxXA1t"x)§xxx l[x3"1§jhc gxnYbbbryYxnnlGorxXlDrx*+^raMf++oY�Qoexn�d order the Inspector of Buildings to bpprn+vxXXbx�cxppA*r+���+nYiErxxpxr�oixxxnxbxut3:dxxxxf>vix:dxxxsxzbxxxxinz%zXuexxxA;fxxx:t>dx Y�DnYb�f SpftL1G107CX70x1dX870Y�.)d7(bg7(AD7d)C7(x70Xul)dXYxRAIiRxXprx%x)<%x)l.X7dJC��7f%Nllx�(X A7CX70xAR%RRRA7CX hnx7dxbYPxXnxxkxxxoebrrxYgn�dxxmexrx3Yxtxnxpx bxx g%xxxx>dxx�txiuozxx Rzkxxxxxrtx:l:txx�xzmxx g:oxYngnf%aoxaXhxxinzxaxxiax�dxp�Axxxp:txzio�exlt»x�CaEufdx�d:GaxnxxxmR�dx#z#�1�diERBXfCioidiex;f R1CxfFtdlF f)oUoxAx=xx=xxxx enforce the Zoning Ordinance by prohibiting the continued unauthorized use of the site as a used car lot for the following reasons: 1 . The owner of the property abandoned the prior non-conforming use of the property as a gas station for a period of over two years. 2. The owner of the property subsequently changed the non-conforming use to a used car lot without seeking or obtaining permission from the Board of Appeals pursuant to Sections V-B-10, VIII-F and IX-D of the Zoning Ordinance. 3. The current use is not permitted and is specifically prohibited in an R-1 district. Owners/Petitionerk Stgvgn arld Lisa Mullins / Address. 3 Willson .Rgad, S41em, MA . Q1970 Telephone.(508) .741 2304 , , , , , , , Petitioner . . . . . . . . . . . . . . . a� 1� 24 Address. . . . . . . . . . . . . . . . . Date .ebru. .y . .19.89. Telephone. . . . . . . . . . . . . . . . ((v/1 J By Mary. P'. Harrington Three copies of the application must be filed with theSecretary of the Board of Appeals with a check, for advertising in the amount of $ 6�.Q5 , , , , , , . . . , four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. y b Ctu of Salem, 'Mttssadjusetts k sr 3 s �Banra of �tp}lE" Plan 15 JU 32 �j 10 FILE DECISION ON THE PETITION OF STEVEN:&,_LISA_MULL_INS (PETITIONCRS) FOR-AN ADMINISTRATIVE:.RULING AT 1111 HIGHLAND AVENUE (R-r)Tr EDWARD ZAROHIAN (OWNER) A hearing on this petition was held November 15, 1989 with the following Board Members present: James Fleming, Chairman; John Nutting, Richard Febonio, Edward Luzinski 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. Petitioners are requesting an Administrative Ruling in accordance with_6ea0on_= IX'—Of—the Zoning Ordinance and MGL 40A. Section 7 relative to use of'ttie premises and enforcement of Sections V-B (2) and VIII-E(6) of the Zoning Ordinance with respect to said premises. More specifically, the petitioners request the Board of Appeal to order the Inspector of Buildings to enforce the Zoning Ordinance by prohibiting the continued unauthorized use of thesite as a used car lot. After hearing the evidence the Board of Appeal makes the following findings ­ of fact: 1 . The use of the property as a gas station has been abandoned for over two years. 2. Permission of operate a used car lot has not been sought from Board of Appeal . -=— 3. The current use is not permitted in an R-1 Zone. Therefore, based on the above findings of fact and on evidence presented, the Zoning Board of Appeal voted unanimously, 5-0, in favor of the petitioners request for an Administrative Ruling and to direct the Inspector of Buildings to enforce provisions of the Salem Zoning Ordinance. ) Edward Luzinski , 015mber, 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 at the Mass. General Laws, Chapter 8o8, arrd shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chapter 808, section 11,the variance or!pecial Permit granted herein shall not take effect until a copy of the decision, bearing the h s'been filed. or that,on of the City if uchlerk at 20 days appeal hasha� elapsed and no appeal tiled,that it has been dismissed or denied is recorded in the South ESae1( Registry of Deeds and indexed under the name or the owner of record aE is recorded and noted en the owner's Certificate of Title. BOARD OF APPFAU - : - < 59 100 ;Soo \ /29/ti O ,999 1S00?p2 y y^ 099 22400 o �\` �btiti ��/ /�'2�9 �s ^m All 0 c 101 qo m L. 5 4 h p0. 6 22 p1 vL\\ ,e �° 'dp s ��// m 49 q3 o t� \ 'oma b h //�° a a& 1> e `` Ov 22 o s V 2y,o00 f ° 0 ,t 03 J � ti+� Qo 060 Q ° 2ph b s 01) 60 .p �, 2 �L�yo �ti5 R.1ye u 307 J y ry� //56 203 „+u ,. o + s so yaoj V 'S� > ry� 2. /2 AC. �? 190 00 Ap, JOs 2\6 a' 191 0 y .x° 66 25 9 �e �•� 69 6, 0 1 1y � 2A3p O - — i216 4-/ 146 3 20940 > ((S O cc 6,yF A Ol �� �Mi \\ NUMBER FEE -. THE COMMONWEALTH OF MASSACHUSETTS 30-81 $50. 00 ' .........CITY._---•-••of SALEM . USED CAR DEALER'S LICENSE-CLASS 11. TO BUY AND SELL SECOND-HAND MOTOR VEHICLES In accordance-with the-provisions of Cba ter-140 of the-General Laws with amendments thereto E-Z SERVICE is hereby licensed to buyand sell second-hand motor vehicles at No....---_..-115 - Highland ! venueSt Salem, MA 01970 on premises described as follows: Gas- Station -- Garage ................................. .........-_—......................... •-___Approximate1y 10, 000 square--feet-_°--f-_land-.-M— -----_------------ - Limit of_ 2 cars on display at -one time an ..---._...------ • Individual Ownership Edward J arohian ...............- May 5:-.::... --...19_51.. THIS LICENSE EXPIRES J N. 1, 1982 . THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. FORM 99 HOBBS a.WARREN, INC.(a ;. - ... _ (OVER) OONDI�� Citp of barem, Anoacbm5etto public propertp Mepartment Nuilbing Mepartment One fkalem green 745-9595 (Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer January 24, 1989 Mary P. Harrington, Esq. Ronan, Strome, Segal & Harrington 59 Federal Street Salem, MA 01970 RE:_.t111 Highland Avenue;'Salem.------� Dear Ms. Harrington: As per your request I have investigated the possibility of a zoning violation at the above referenced address. The active file in the City of Salem Licensing, Board Office indicates an auto dealer license has been issued annually up to and including the current 1989 calender year for this property. Although these active files only go back to 1981 , people more familiar with property than I am suggest the license was obtained many years prior to that, back to when the gas station was active on the site. In view of the above it would appear that no violations exist at this time. Sincerely, William H. Munroe Inspector of Buildings Zoning Enforcement Officer WHM:bms ^ • RONAN, STROME, SEGAL, & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN HI 922 SALEM,MASSACHUSETTS 01970 63 MIDDLE STREET PHILIP STROME GLOUCESTER,MA 01930 MICHAEL J.HARRINGTON (508)283-7432 JACOB S.SEGAL (508)74d-0350 (508)283-7435 MARY PIEMONTE HARRINGTON FAX(508)7447493 GEORGE W.ATKINS,III 73 WASHINGTON STREET J.MICHAEL SMITH SALEM,MA 01970 MICHELE HOLOVAK HARRISON (508)744-5230 DEBRA RAHMIN SILBERSTEIN (508)744-0372 JOHN IT RONAN PAUL G.CROCHIERE M-692.2 BRIAN P.CASSIDY FILE NO. January 20, 1989 Mr. William Munroe Building Inspector One Salem Green Salem, MA 01970 Re:i:�II 'Highland Avenue Salem,MA Dear Mr. Munroe: Please be advised that this office represents Steven and Lisa Mullins of Three Willson Road, Salem, Massachusetts, an abutter to 111 Highland Avenue, Salem, Massachusetts. The property at 111 Highland Avenue is located in an R-1 district. The property was used as a gas station for a number of years which was apparently per- mitted as an existing nonconforming use. However, the owner abandoned use of the property as a gas station several years ago and as a result, abandoned the prior non- conforming use. Since then, he has apparently operated a used car lot on the premises, for which changed use he never obtained permission from the Zoning Board of Appeals. It is our contention that any use of the property for anything but what is permitted in an R-1 district is in violation of the zoning by-llaw of the City of Salem. Demand is hereby made, in accordance with G.L. c.40A §7, that you investi- gate the use of the premises at 111 Highland Avenue and enforce the zoning by-law of the City of Salem with respect to said premises. Very truly yours, r� { •rte Mary ington MPH:jf CERTIFIED MAIL cc: Steven and Lisa Mullins -c av L n rn (An CTI 2 n)� 7a a -! N CG N C27 �� '' IIIIIIiillllllllllllllllllllllii DEED 20051123000167 W25244 Pg:52 12130/2006 10:39:00 DEED PO 112 John Von Weiss, M.D., Inc., a Massachusetts Corporation of Salem, Massachusetts for consideration paid in the amount of One Dollar ($1.00) Grants to HVW, LLC, a Massachusetts Limited Liability Company, with an address of 107 Highland Avenue, Salem, Essex County, Massachusetts, with quitclaim covenants, the land in Salem with the buildings thereon, as more particularly described. Address of Conveyed Premises: 111 Highland Avenue and 1 Willson Road, Salem, MA 01970 The land in Salem, Essex County, Massachusetts with the buildings thereon bounded and described as follows: Beginning at a point on the Southeasterly line of Highland Avenue one hundred. thirty-two and 25/100 (132:25)feet Southwesterly from a stone bound at the Southwesterly end of a curve having a radius of eighteen hundred (1800)feet as shown on the plan.of said Avenue, and thence running Southeasterly by land now or formerly of Brennan and land now or formerly of Almy one hundred fifty (150)feet to the Northerly comer of Lot#7 on plan of the Almy subdivision; thence running Southwesterly by Lot#7 now for formerly of Almy eighty-eight and 6/100 (88.06)feet to the Northeasterly line of Willson Road; thence running Northwesterly by the Northeasterly line of Willson Road on a curve to the left, said curve having a radius of one hundred-seventy two (172)feet a distance of four and 71/100 (4.71)feet to the end of said curve, thence running Northwesterly by the Northeasterly line of said Willson Road one hundred forty- five and 98/100 (145.98)feet to a point on the Southesterly line of said Highland Avenue; thence running Northeasterly by said Avenue on a curve to the left, said curve having a radius of eleven hundred sixty six (1166)feet, a distance of forty (40)feet to the end of said curve; thence running Northeasterly by said Highland Avenue in a straight line forty-eight (48)feet to the point of beginning, being Lots A and B in plan mentioned below. Containing thirteen thousand two hundred and eight (13,208) square feet. Reference being had to a plan of land formerly of George M. Nickerson, Salem MA-Scale 1 in.-40ft., November 1937, Thomas A. Appleton, C.E. recorded in Book 3135, Page 148. Title Reference: Deed to Grantor dated June 30, 2005 recorded With the Essex South District Registry of Deeds Book 24502, Page 110 This conveyance does not consist of all or substantially all of Grantor's assets. r � Witness my hand and seal this,-�l day of Tc-c'—\'w— ,2005 John Von Weiss, M.D., Inc. c By: Hans V n Weiss Preside[it and Treasures' COMMONWEALTH OF MASSACHUSETTS�J S \k SS ec- a- 2005 On this -Z--)"day of2005 before me, the undersigned notary public, personally appeared Hans Von Weiss, proved to me through satisfactory evidence of identification which were Q s 944gv(4- to be the person whose name is on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose. STUART J.PRANK AK Notary Public Commonwea*of Massachusetts Notary Public: S t- N _ ry '\C My Commission Expires December 1,2011 My Commission Expires: t21, ' � F:\WINDOC\MR\Deeds\HVW, LLC.doc a`ti� � � 10 Illillllllllllllllllilllllllllllllllllllllllll p 2006092900023 Bk;28063 Pg:126 09/29/2008 09:19 DEED Ps 1/1 MASSACHUSETTS EXCISE TRX Southern Essex District ROD Cate: 09/29/2008 09:19 AM ID: 556331 Doe# 20080929000230 DEED Fee: $1,103.52 Cans: $242,000.00 HVW,LLC, a Massachusetts limited liability company with a mailing address of 107 Highland Avenue, Salem, MA 01970 for consideration paid of Two Hundred Forty Two Thousand and 00/100 Dollars($242,000.00)grant to Ellen R Chakoutis and Carol Chakoutis,joint tenants with right of survivorship with a mailing address of 1 Willson Road, Salem, MA 01970, with c QUITCLAIM COVENANTS rn The land with the building thereon shown as Lot B on a plan of land entitled"Plan of Land for r-, c for HVW, LLC, 111 Highland Avenue/#1 Willson Rd. Salem,MA"prepared by CLG Associates,dated August 19,2008 and recorded on September 10, 2008 with Essex South District Registry of Deeds in Plan Book 416 Plan 10 and more particularly bounded and described as follows: rn vN SOUTHERLY by Willson Road on two courses forty five and 29/100(45.29) feet and four and 71/100(4.71)feet; c EASTERLY by land now or formerly of Hastings eighty tlrie and 06/100(83.06)feet; NORTHERLY by land now or formerly of Poirier fifty and 00/100(50.00) feet; and 3 WESTERLY by Lot A as shown on said plan eighty eight and 00/100(88.00)feet. N Said Lot B consists of 4,400±square feet according to said plan. QBeing a portion of the premises conveyed to HVW, LLC by Deed dated December 27, 2005 recorded with Essex South District Registry of Deeds in Book 25244, Page 52. E - 0 q� WITNESS my hand and seal this of September 2008. a HVW,LLC By: ` Hans Vol' o Weiss,Manager COMMONWEALTH OF MASSACHUSETTS Essex,ss. September ,2008 On this day of September, 2008, before me, the undersigned notary public, personally appeared Hans Von Weiss.,proved to me through satisfactory evidence of identification,which was ❑ photographic identificationwith si afore issued by a federal or state government agency, ❑ oath or affirmation of a credible witness, ) personal knowledge of the undersigned, to be the person(s) whose name(s) is/are signed on the p eding or attached doe um knowledged to me that he/she/they each signed it voluntarily for its stated purpose anage W,L tic My cornmissio xp �, uleiEOR&Ei"NtFfNNS,III Notary Public orn lot CMy Commissalth ofion on Ex it elts My Commission Expires February 16,2012 m.smW� 1. ROD COTTAGE ST. (FD.) FOR REGISTRY USE ONLY. N- IN OO N N N/F /..�..�\ = HASTINGS r LEGEND 53a'i]'3e'w _ - 11.06' 1, LOT CORNFN LOT "B" Y 1 ,r' - N STONE D.' o LOT AREA=HUD SF 0 SEWER VWNOLE N/F HYD r-r POIRIER a DWCLLINC - ' /I WIIISON 1 N 53C0736"W ]. 5 I. RDD .I "75.00 (�) (F0.) CITY Of SALEM - HEW I1HE 35.36 PUNNING BOARD AP Y UNDER SUBDIVISION UW OT RE 0 ORIGINAL LOT SIZE ^V 13.2OB Sr. Q - 2.3 Q 0 8 [:!EK)STINGIDINC Iry 8 ml 8 03 N/F ON WEISS 3 YY ENDORSEMENT IS NOT A GUARANTEE OF LOT A CONFORMANCE WITH 20NING BY-LAWS LOT AREAcB,BOB Sr. ° s2j i'3B"W Lio.00' ABAO' R=I I66.Oo N F R N_F° HIGHLAND AVE. PUN 1591 OF 1947 PLAN / 1 or 1938 (66' STATE LAYOUT) DEED BR. 25211 PG 52 BLED BN. 11!96 PG. 393 DEED OH. 7626 PG. 30 STATE HWY. LAYOUT JUNE 16 1916 GRAPHIC SCALE ASSESS0R'5 MAP 11 LOT 199 �Jy ZONING RESIDENTIAL I 1,eon Feat 1 -2D It PLAN OF LAND NOTE: fT,9LLIi/� or THIS PUN IS THE SUBDIVISION OF LOT 199 ly y I, PUN 1 II SALEM ASSELORS MAP. {/{/ THIS PUN HAS BEEN DESIGNED BY ME OR UNDER J(./ TAS MY DIRECT TSITOPTHE SUBDIVISION $REGULATIONS ENGINEERING PRACTICE. 1 > 1 HIGHLAND � G ErLAN FT AT EI I II T T L OAF RD MY DI RCT TO THE SUBDIVISION REGUUTTED Of THE ll1 Vl1 Y l/ ,TY/l. !Ll J IY ll CITY OF SALEM MA. SALEM,yrlYl l fl/A 1 HEREBY CERTIFY THAT THIS PLAN CONFORMS TO THE RULES ! L �Y1 AND REGULATIONS OF THE REGISTRY OF DEEDS. I HERBY CERTIFY THAT THE REATIVE ERROR IN CLOSURE IS NOT LESS THAN I IN 12000. Y C.L.G. ASSOCIATES AWN 3 BOSTON ST SALEM MA 01970 (978)335-1095 WILLIAM R. D•tdraENowT P.L.S. WrE SHEET NO: I OF + DATE,e/19/oe JOB N0: 6sD DRAWN BY:LEE i ti� �ONDII CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET. 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 �a FAX: 978-740-9846 qqp KIMBERLEY DRISCOLL -8 P 1: 38 MAYOR June 8, 2009 Decision City of Salem Zoning Board of Appeals Petition of EMAD S. YOUNAN, M.D., requesting a Special Permit to change a currently nonconforming use (adjunct to a dermatological clinic) to another nonconforming use (physician's office) for the structure on the property located at 111 HIGHLAND AVENUE, Salem, MA in the Residential One-Family (R-1) Zoning District. A public hearing on the above Petition was opened and closed on May 21, 2009 pursuant to Mass General Law Ch. 40A, § 11. The following Zoning Board of Appeals members were present: Robin Stein (Chair), Rebecca Curran, Richard Dionne, and Beth Debski, and Jimmy Tsitsinos (alternate). Petitioner seeks a Special Permit pursuant to Section 5-36) of the City of Salem Zoning Ordinances. Statements of fact: I. The owner of the property is Hans Von Weiss. The petitioner, Emad S. Younan, M.D., is under agreement to purchase the property. 2. Attorney George Atkins represented the petitioner, at the hearing. Mr. Von Weiss was also in attendance. 3. The property at 1 11 Highland Avenue is currently an adjunct to a dermatological clinic, a nonconforming use in the Residential One-Family district. 4. In a petition dated April 24, 2009, the applicant requested a Special Permit to change one nonconforming use (adjunct to a dermatological clinic) to another (physician's office). 2 5. The petitioner stated in his application that improvements to the structure and landscaping are planned. No proposed exterior alterations were submitted to the Board that required zoning relief. 6. Several members of the public spoke in favor of the petition, stating that they had had concerns relating to traffic and landscaping, but that after meeting with the petitioner, they were satisfied with solutions the petitioner agreed to. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. The petitioner's request for a special permit does not constitute substantial detriment to the public good, as the changes proposed would result in significant improvements to the property at 111 Highland Avenue; 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance; . 3. In permitting such change, the Zoning Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans, Documents and testimony, the Zoning Board of Appeals concludes: 1. A Special Permit is granted to allow the change from one nonconforming use (adjunct to a dermatological clinic) to another(physician's office). In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein, Curran, Dionne, Debski and Tsitsinos) and none (0) opposed, to grant petitioner's requests for a Special Permit subject to the following terms, conditions, and safeguards: 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 to and approved by the Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. s i 3 6. Petitioner will install "No Left Turn" and "No Entry" signage at the Wilson Street driveway and curbing as shown on the plans submitted. 7. Petitioner shall plant six (6)-foot shrubbery as per the plan submitted, prior to issuance of a Certificate of Occupancy. 8. Petitioner shall submit plan showing snow removal and storage areas to the Building Inspector prior to issuance of a building permit. Robin Stein, Chair Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 certificate of the City Clerk has been filed with the Essex South Registry of Deeds.