373 HIGHLAND AVENUE - BUILDING INSPECTION 373 HIGHLAND AVENUE
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DEC ZO 1135 GH '96
CITY OF SALEM. MASS
Cl I'RK'S Ofi ICE
DECISION ON THE PETITION OF JOHN_BRENNAN_FOR_A VARIANCES AND SPECIAL PERMIT
FOR THE PROPERTY LOCATED AT,
373 HIGHLAND AVENUE (BPD)
A hearing on this petition was held November 13, 1996 and continued to
December 11, 1996 with the following Board Members present: Gary Barrett,
Chairman, Richard Dionne, Paul Valaskagis, Nina Cohen and Albert Hill.
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 per Article V, 5-3 of the Salem
Zoning Ordinance to allow a driving range & a Variance to allow a driving
range on B.P.D.portion of the property located BPD district for the
property located at 373 Highland Avenue.
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 Variances which have 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 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.
=r
DECISION OF THE PETITION OF JOHN BRENNAN FOR A SPECIAL PERMIT
AND VARIANCE FOR THE PROPERTY LOCATED AT 373 HIGHLAND AVENUE, SALEM
page two
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.
The Board of Appeal, after careful consideration of the evidence presented,
and after viewing the pians, makes the following findings of fact :
1. Petitioner would like to open driving range on this property.
2. Petitioner was represented by Attorney Roy Geleneau.
3. Speaking in favor of the petition was: Kathleen Ingemi, 381 Highland
Ave. ; Mr. Spilleni of Peabody, ; Marymargret Moore of 14 Heritage Dr. ,
and a letter from Robert Lees of Highland Gardens was read in favor.
4. Speaking in opposition to the petition: Dominic Ingemi, of 1 Cedar Rd.
Mr. Richard Williams, 3 Thomas Circle; Mrs. Roberta Williams, 3 Thomas
Circle; Josephine Hardy, 10 Barnes Road.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1. Special conditions do not exist which especially affect the subject
property and not the district in general .
2. Literal enforcement of the provisions of the Ordinance would not
involve substantial hardship on the petitioner.
3. The relief requested cannot 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.
4. The granting of the Special Permit requested will not be in
harmony with the neighborhood and will promote the public health,
safety, convenience and welfare of the city's inhabitants.
5. 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.
Therefore, the Zoning Board of Appeal voted two (2) in favor(Barrett &
Valaskagis) three (3) in opposed (Hill, Cohen and Dionne) the granting of
the Special Permit\Variance requested. Having failed to garner the four
affirmative votes required to pass, the motion to grant fails and the
petition for a Special Permit\Variance is denied.
DECISION ON THE PETITION OF JOHN BRENNAN A VARIANCE AND SPECIAL PERMIT FOR
THE PROPERTY AT 373 HIGHLAND AVENUE, SALEM (BPD)
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Variance and Special Permit Denied
December 11, 1996
Richard Dionne, Member )J
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 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 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