50-52 HIGHLAND AVENUE - ZBA (2) 50-52 Highland Ave. R-2
John & Pauline Cunney -
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DECISION ON THE PETITION OF JOHN & PAULINE CUNNEY z.
FOR A SPECIAL PERMIT FOR 50-52 HIGHLAND AVE. , SALEM
A hearing on this petition was held January 16, 1985 with the following Board
Members present: James Hacker, Chairman; Messrs. ; Gauthier, Luzinski, Strout and
Associate Member Bencal. Notice of the hearing was sent to abutters and others
and notice 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 change a nonconforming use, namely
a T.V. Repair shop, to a business office in this R-2 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 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.
t The Board of Appeal, after considering the evidence presented at the hearing,
makes the following findings of fact:
1 . This has been a business for over an eighty year period;
2. While this business has run as a T.V. Repair Shop work was
done on the outside sidewalk area and vehicles parked on the
street by the curve;
3. There was no neighborhood opposition;
4. Several neighbors spoke in favor of this petition.
On the basis of the above findings of fact, and on the evidence presented at the
Appeal
hearing, the Board of A eat concludes as follows:
1 . The proposed used will be in harmony with the neighborhood
and will not be detrimental to the neighborhood;
2. The proposed use will be less detrimental than the existing
T.U. Repair Shop.
DECISION ON THE PETITION OF JOHN & PAULINE CUNNEY
FOR A SPECIAL PERMIT FOR 50-52 HIGHLAND AVE. , SALEM
Therefore, the Zoning Board of Appeal voted unanimously 5 - 0 to- grant the
Special Permit as requested under the following terms and conditions:
� . The office not be expanded from its current size and the
office not employ more than four (4) employees.
SPECIAL PERMIT GRANTED
Aames B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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4!. SHALL DE �,1ACE P-RS !AI;T TO i7 OF TrE
GENERAL A'.YS, Gi',P;[n o ^, A:;O SH;.T,L DE I!:E. '!I':ii71 20 DAYS AFTER THE CA.E OF F.L.
OF TH,:S DECISIOIJ IN THE OFFICE OF THE CITY CLERK.
P86S4ST TO SASS. GE':ErW UVi'. CHAPTER 80S, SECiICI: 11, THE VAR.A;LE ng gPc _ ,-
GRAf:rEO HEREC:. SHA:L N"i TA!U EFFECT UNTIL A C7PY CF THEDECCI,:!, EEAR '.^ n_
Fl;,gi!7i! OF THE CITY CLERF THAT 20 DAYS HAVE ELA?S°D AND N7 °jECL H=.S E,,,=j.
OR THAT, IF Sb(H AN f.PPEAL HAS BEEN FI!E, THAT I1 H:� SEEP: D'6"IoEEO CR CEi',!E1 :S
RECCRDED 1N THE SCUiH ESSEX REGISTRY OF OCEDS AND INDEXED UNDER THE :�A%;E OF ThC
OF RECORD OR IS RECORDED AND N07£D ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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