399 HIGHLAND AVENUE - BUILDING INSPECTION 399 Highland Avenue
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DECISION OF THE PETITION OF JOHN & KATHL_E_EN_LIORIARTY_REQUESTING A CF
VARIANCE FOR THE PROPERTY LOCATED AT 39C 9 HIGHLAND AVENUE R=1]
A hearing on this petition was held October 21, 1993 with the following
Board members present: Nina Cohen, Ronald Harrison, Richard Dionne, Paul
Valaskagis and Stephen Buczko. 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 Variance along front and side lot lines in an
entrance corridor to maintain a 6 foot height on an existing fence for the
property located at 399 Highland Avenue.
The Variance which has been requested may be granted upon a finding of this
board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings , or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve 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 derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal , after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1 . John Moriarty the owner presented the petition. The fence in question
is already existing in the rear and side of the property located at 399
Highland Avenue. Photographs were presented of the property and the
fence.
2. Several people spoke in favor of the petition. Representing that the
fence was not a problem and that only a portion of the fence could be
seen from the street.
3. Joyce Nelson of 401 Highland Avenue was opposed to the petition for
esthetic reasons which she requested the fence be brought to 4 ft. Her
only concern was a small section of fence which abutted her property.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal concludes as follows :
1 . Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
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DECISION OF THE PETITION OF JOHN & KATHLEEN MORIARTY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 399 HIGHLAND AVENUE R-1
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
Variance Granted
October 21, 1995
Paul Valaskagis, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNINt 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 after the date of filing of this decision in the office of the City
Clerk. Pursuant to 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 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
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Public Propertp Bepartment
Jguilbing Department
One 9pa[em green
(978)745-9595 Cxt. 380
Leo E.Tremblay
Director of Public Property
Inspector of Building • September 22, 1998
Zoning Enforcement Officer
John G. Moriarty
399 Highland Avenue
Salem, Mass. 01970
RE: 399 Highland Avenue
C-56-98
Dear Mr. Moriarty:
On September 15 , 1998, the Building Department
conducted an inspection of your property located at 399
Highland Avenue and found the following violations :
1. Fence along the side lot lines shall be four (4)
feet in height when installed within ( 1501 ) of the
entrance corridor overlay district.
2 . Any fence constructed within an entrance corridor
overlay district shall require a fence permit issued by
the Building Inspector.
3 . Storage shed in rear of house need to be secured to the
ground.
Please contact this office within ten ( 10 ) days upon
receipt of this letter to inform us as to what course of
action you will take to rectify this situation. Failure
to do so will result in legal action being taken against
you in Salem District Court.
Thank you for your anticipated cooperation in this
matter.
Sincerely,
even G. Goggin
Inspector of Buildings
KGG: scm
cc: Al Viselli
Councillor Lovely, Ward 3