Loading...
50-52 HIGHLAND AVENUE - ZBA 50-52 Highland Ave. B-1 Maxine Bock 1� \0 ` S �r 9 '�. Titu of ttlem, 'fflussadjusetts 3 '�4� �nttra of �p}�enl OCTOBER 5, 1994 YOU ARE HEREBY NOTIFIED THAT AS OF OCTOBER 5, 1994 THE DECISION OF THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO GRANT THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT TO ALLOW PROFESSIONAL OFFICE AT 50-52 HIGHLAND AVENUE. BO D OF APPEM, AG S L C MURTAG CLERK OF THE BOARD 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/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 Ctu of ,Salem, �Ettssztdjuotts ourb of enl Oct 4e d9 '9q CITYOF S=,LFp, ,4SS CLER,;,,S OFFfCc DECISION ON THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT AT 50-52 HIGHLAND AVE. (R-2) A hearing on this petition was held September 21,1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, 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, owner of the property, is requesting a Special Permit to allow professional office at 50-52 Highland Ave. Property is located in the R-2 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. Petitioner sought to offer the professional services of her husband, Martin Bock, as an acupuncturist licensed by the Massachusetts Board of Medicine, in their home at 50-52 Highland Avenue. 2. Petitioner represented that all acupuncture services will be offered during normal business hours of 9:00 to 5:00 weekdays. 3. Petitioner further represented that patients will enter the petitioner's home through a door on the Highland Avenue side of the building. DECISION ON THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page two 4. Any signage on the structure will be designed in cooperation with the Planning Department's ECOD Sign Committee, in accordancit�r thp requirements of the Entrance Corridor Overlay Zone Ordin c Un On the basis of the above findings of fact, and on the evidengegdop( �3,� the Board of Appeal concludes as follows: `ICE 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 requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 3. Petitioner shall obtain a building permit prior to starting construction. 4. A Certificate of Occupancy is to be obtained. 5. A Certificate of Inspection is to be obtained. 6. Approval of the City of Salem Entrance Corridor Overlay District (ECOD) be obtained for any signage. Special Permit Granted September 21, 1994 Nina V. Cohen, Member Board of appeal 1 ' DECISION ON THE PETITION OF MAXINE BOCK FOR SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING B AM AD fhNIC Y' CLERK CJ 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 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 i Chi of �5, ttlem, 4Ra55ttc1lu10tt5 °4 �Rnttra of �kupeal OCT S 40 Ah CITY OF SALE,,H, MASS CLEFtk;'S OFF ICF DECISION ON THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT AT 50-52 HIGHLAND AVE. (R-2) A hearing on this petition was held September 21,1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, 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, owner of the property, is requesting a Special Permit to allow professional office at 50-52 Highland Ave. Property is located in the R-2 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. Petitioner sought to offer the professional services of her husband, Martin Bock, as an acupuncturist licensed by the Massachusetts Board of Medicine, in their home at 50-52 Highland Avenue. 2. Petitioner represented that all acupuncture services will be offered during normal business hours of 9:00 to 5:00 weekdays. 3. Petitioner further represented that patients will enter the petitioner's home through a door on the Highland Avenue side of the building. DECISION ON THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page two 4. Any signage on the structure will be designed in cooperation with the Planning Department's ECOD Sign Committee, in accordancit�r tbp requirements of the Entrance Corridor Overlay Zone Ordin c 4QiA11 `rhi C(7v r; oN On the basis of the above findings of fact, and on the evidengh s2 gc � `$$ the Board of Appeal concludes as follows: op �F 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 requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 3. Petitioner shall obtain a building permit prior to starting construction. 4. A Certificate of Occupancy is to be obtained. 5. A Certificate of Inspection is to be obtained. 6. Approval of the City of Salem Entrance Corridor Overlay District (ECOD) be obtained for any signage. Special Permit Granted September 21, 1994 Nina V. Cohen, Member Board of appeal DECISION ON THE PETITION OF MAXINE BOCK FOR SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BO& AiD '$is C Y1 CLERK CITY . :.ASS CLS c;FrLCE 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 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 G� DATE OF HEARING PETITIONER LOCATION MOTION: TO GRANT,-,),, n SECOND AMENDMENT SECOND TO DENY SECOND TO RE-HEAR SECOND WITHDRAW SECOND CONTINUE SECOND ROLL CALL PRESENT GRANT DENY AMEND WITHDRAW RE-HEAR CONTINUE GARY M. BARRETT ALBERT C. HILT ✓ STEPHEN O'GRADY / STEPHEN TOUCHETT NINA V. COHEN ASSOCIATE MEMBERS ARTHUR LEBRECQUE CONDITIONS: 1 \zbaform\ Ctv of $Ulem, �Enssadju#dts ®' oara of enl Oct 40 CITY O :LFk, ;ASS CLERx;'; OF:-ICc DECISION ON THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT AT 50-52 HIGHLAND AVE. (R-2) A hearing on this petition was held September 21,1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, 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, owner of the property, is requesting a Special Permit to allow professional office at 50-52 Highland Ave. Property is located in the R-2 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. Petitioner sought to offer the professional services of her husband, Martin Bock, as an acupuncturist licensed by the Massachusetts Board of Medicine, in their home at 50-52 Highland Avenue. 2. Petitioner represented that all acupuncture services will be offered during normal business hours of 9:00 to 5:00 weekdays. 3. Petitioner further represented that patients will enter the petitioner' s home through a door on the Highland Avenue side of the building. DECISION ON THE PETITION OF MAXINE BOCK FOR A SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page two 4. Any signage on the structure will be designed in cooperation with the Planning Department's ECOD Sign Committee, in accordanc�e t requirements of the Entrance Corridor Overlay Zone Ordin—attce� 1TQai4jJ `'% '.QI7 r.» . ._ UH On the basis of the above findings of fact, and on the evidenq�LVr ,se0pek# � 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 requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 3. Petitioner shall obtain a building permit prior to starting construction. 4. A Certificate of Occupancy is to be obtained. 5. A Certificate of Inspection is to be obtained. 6. Approval of the City of Salem Entrance Corridor Overlay District (ECOD) be obtained for any signage. Special Permit Granted September 21, 1994 Nina V. Cohen, Member Board of appeal DECISION ON THE PETITION OF MARINE BOCK FOR SPECIAL PERMIT AT 50-52 HIGHLAND AVENUE, SALEM page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOAb AifD 'Hi$tY' CLERK CIT ,.'. ." M44SS 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 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 APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . --a,corm. ' (Ilttu III airm, _gtt!3g2tr U6Ztfs �Bnarh of pprai TO THE BOARD OF APPEALS: unaersigned represent that he is are the owners of a certain parcel of land located 0. . . x.4. . . . . . .1.l:�jhl. to at d S L treetoning District,.0. AS and said parcel is affected by Section(s ) . . . . . . . . . . . . . . . . r tie !-Massachusetts State Building Code. Mans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. mo :0 ;K N N 3' O M N mn � The Application for Permit was denied by the Inspector of Buildings for the following reasons: — (). rN {Dpi'r�L The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: a- ^1 P�� c . r�� icen .,� . � t2er��•eS-�C, �� ��; A��n:-._; � � {eSSae f1 �— CC'_ Owner. . . . . . . . . . . . . . . Address. . Y-). .!�1'.L . . . . . . . Telephone. . . . " `A. ." 3 3ys. . . . . . . . . . . . . . Petitioner. . .l`1!1X. ^'.z. . . .�� . . . . . . . . . . . Address . . . S:z.. . .°�: jai �! .7. . . �.JK . . . . . . . Date. . .S. .�.? ? .CE �( . Telephone. . . `.'1.5. . . . . . . . . . . . . . . . By. .. �-. . t- � . . .£5f( . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of ppeais with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . `our :seeks prior to the meeting of the Board of Appeals. Check payable to The -veninp News. MAR- 9-94 WED 10:21 DROPKIN & PERLMN FAX NO. 6176235561 P, 02 MFlR-09-1994 88:49 FROM FlhERICAN TO [NTEGRRTED P.81/82 Y Qv 1!'{ NeRLtNT, WAY ITo PR40TpE -5�Y.' a 6�, qI• 'v Lo'ri 01P �ERL SHY 2�z Sro�if �o L-o T Z Cants 265, Sl-DG, , Cwm I Ilr ' t 60.40 .. N I f3F11...p.F10 AYEr1uE. R scaHa: lento' E- ROD D. CAM- R A PROSSIONAL LAND sugvEroR. Mill DO HEREBY CERTIFY THAT THE AMERICAN SURVEYING COMPANY PCAN WPAEPAREO FOR ABovE MORTOA DHSPEOTION 77Rwrda(dAwue, IPIa WSnmAms4 (817)839.6477 ;.l.�x�,.w-51NtS SII —71 AND 16 KI T KnE zD onncpw lrrcAGE tUlortgage Inspection Plan EW90 TO BE D OR ROP N LINE SURVEY, NO CORNERS WERE THE LOCATION Op TNI ORIGINAL RECORD!P.,A — COUNTY REWSTRY OF CEEDS SET Ir CAKN0S ITE USED IVR WDWEIUMe STIOHNN HEREON EITHER BOOKZ2-.PAGE L.C.Cert TABLIsHING FENCE, N60GE OA WAsW00mPUANCEWBR7HELODALPLAN RVIAENCE� SUUMUNES.THEMNDAASHOWN APPLICABLE ZONING BYLAWS IN ER DRAWN PERTOWN CF ASSE•SSORs RGREON 18 BUBO ON DLI6NT FUR• FDCTWHENCONSfR 7W WITH R& MAPy PARCElY_.. DATED NISHE'D WFORMATION AND &MY BE SPECT70HOAILON7ALOIMEHSIONAL DDRE66 5D^SZ SUBJECT TO FURTHER OUT ALps AEgwREMeNisONLYaORISEXEMPT �-•^ ^-^� TAIMM,EASEUENTSANDRI6HTSOF PACK VIOLATION ENFORCEMENT AC, BORROWM-ALCM WAY. BQ REGPONSIBILTY IS Ek. 1IONU9DFRM.l46.6,L,7ITLEMI,CHAP. TENDEDHEREINTOTHELANDOWNER 410A, SEC. 7. UNLESS OTHERWISE SUBJECT DWELLING UES IN FLOOD ZONE- G OR OCCUPAMP,IT IS NOT INTENDED NO'L137 OR SHOWN HEREON,A CON. AS SHOWN OA NATIONAL FLOOD INSURAN E PFiDOFU141 FLOOD TO HE R[ m, FIAMATORY INSTRUMENT 6VRVEY INSURANCE RATE MAP DRTf D_ -;� �� DATE 18 AO416®WHEN STRUCLUR6S ARE COMMUNITY_PANEeLY-� CLfEPT. 4{p�*I'/EE8 SHOWN TO BE V OR LC38 FROM Ep DRI1FIEb Ep CLIENTRER6 3o2a PROPERTY OR REGUIREO ZONING BY A SETBACK ONES. DATE 3• F.B. 0 PGE. d_. I •:� y.1lVd (IIitg of �ttlem, assar4wartis 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 hins 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 ttie' evidence. presented at the hearing, makes the fallowing 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 hearing, the Board of Appeal 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.V. 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: 1 . The office not be expanded from its current size and the office not employ more than four (4) employees. SPECIAL PERMIT GRANTED aures B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK C-) d C -TJ F" P.S"ANT TO 17 Or GENERAL L49` G i " A.J Shn.' 6� I lEo iii 20 DAYS AFTER THE DATE DELIS JN L� THE OFFI:E 0: THE CIIJ CLERK -. OF TH.'S ;,T a. 11 THE Vn4"';�E " .. P:,RSAtiT T3 .A» .� r-- � LntJ *TER SCS, SE GRAI.`.CC HFRE,�:. SHALL 11.: Tr,.E EFF'.C7 UF.71L A LAF- GFA`D Nt' I F .i, OF T �I1' C.CRR i - 20 DAYS HAVE CLA O D .'rc=O R � 1:.`` o . OR ,HAA IF SL�L �: r,PpE-L HAS BEEN FILE TH4 IA p 11dDE?ED UNDER THE 11cGFT - - RECGP.OEO IN THE SJ'J1H ESSEX P.EGISTRi OF DEEDS OF RECORD OR IS RECORDED AND NOTED ON THE OVAiER'S CERTIFICATE OF TITLE. BOARD OF APPEAL 6 G,a / U 19 \tel p 6.9 AC 3/24 0 1 1 g140 26 ale 272s O 9000 Q J c /T94 � w W 160 > ,Q« fj 3435- .T O 0 00 J o O 6 0 I 0 0 � 50 � Jr� J � � � v O u ^ 2 a J 00 r >ow o 30 .A A A% r OA �'� \5000 �0 00 N P e � 9 '� �o o 49 a9a9 m �$5ti 4 �. Nom, y�GSF <q -E h ti X55211 rR �� 'tea SALEM HOSPITA N TH SHORE HIL RENS OSPITAL . l - ;g, ' 2 .i- / 2.37 AC APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . . �a.tOHM. ditu III `;ttlPm, c assachusPtts �Bvarh of Apprai '0 THE BOARD OF APPEALS: -ne Undersigned represent that he is are the owners of a certain parcel of land located "0. . . .49:S. L. .I :cjy�l.n- :� . �L-. . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District.lt: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and said parcei is affected by Sectionisj . . . . . . . . . . . . . . . . )r he -+,assachusetts State Building Code. ?lans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. 2 _4 - mo x� a'3 N c�3 r1G 'M1* . N The Application for Permit was denied by the Inspector of Buildings for the following reasons: O, rte c., rA p pe,4,L_ The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: S Pty c . f-\ P(?rL aeqc�S-tc i7 A, t- g L_ CJ Ce Owner. . . . . . . . . . . . . . . Address. .S. .?. . . �JA"Y.> . . . . . . . Telephone. . . . 1. `i. �. .: :3 3 . . . . . . . . . . . . . . Petitioner. . . c . . . . . . . . . . ( Address . . . S:L. . .11: .; . . . . . . .. . . . . . . . -ate. . .S. .�.? Z !. t4 . . . . . � `t - . 3 y � k Telephone. . . . . . . `� . . . . . . . . . . . . . . . . . . . . . . . . . . By. .. i . .�trY i . . .f.$f(. . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of ,ppeais with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . =our :seeks prior to the meeting of the Board of Appeals. Check payable to The venin❑ News. BOARD OF ASSESSORS Cl l'Y HALL. P -IN tA 7 7 17 77- 9, 2 .......... ................ N, 2 ... �gl, L , I 3 0 ERS' 3 4 5 0 5 SUBJECT PROPERTYg P(Al". 125 L.07 . 00.16 6 PROPERTY ADDRESS g 0050 HIGHL.AND AVENUE 5 2' NCH7 ;'E, Tfd 0 AU R 10 025 0016 00513 HIGHL.AND AVENUE 52 ES7EL.LE CARROL.L. REAL. FY TRUST 53 BEACH ST 18 AP 17 -,,-25 :00-14' 1 14 �7 .. I I I ---� I,I," , . I I 1 6'�z 44 'S 008 'p I 6E PAS Q.UAL.E,`.PHI LIPP PR ' k 9 19 20 ie a 420 2 eegf 4t;"Ol.op - ilPF-FZ1 PTA 21 SAL.Elyf P(A D:1970 zz 0 17 2.1 5 0013 0095 PROCTOR STREET 97 NEWHAL.L. NORMAN A P 0 BOX 655 T 19 ... 5 -00 14, 00.9'7 PROCTOR' STREEV��.,4:I ANO, MARTIN, C l,,R(.TCT0R.,.lSTRU o .............. ICOMI-"l ANO 'MART-lAt A 21 28 — 2 aoi5 ee56 illbilff-AND 1-f Gipl, -�WP "I 1 11 1 1�� TpPi IF44--R j_fOoLj A jXf PATRICIA E SALEM MA 01?70 1� 0 23 TY SIX HIGHt-AND AVETWE 7 RUS 7 4-6 HIGHL.AND AVE 31 001-7 On46 HIG"il-IL.AND AVENUE FOR , 24 C'T !=&r"f A 32 A S S"A L'EM HOS P 1 T AL. -&W-AN D AVENUE A-4 ,j - ob4f HIC, JE 27 .. ..... EPf 7 28 00 1? HE FA R T C/O tef B PIANAGEMENT BOSTON MA 012-1 .11 24 0*22 0 801 0055 HIGH AND AVENUE UB1 SAL.Ell HOSPITAL. REAL.7Y T RUS T 81 Hl(---i[-IL..FIND AVE 61+F-v-9044f—p— R RmA f 31 , 31 A 0 0, 020Cl55 2 "AVE'N lVF UL 2 SALtJ-q":HQSPITAL. REALTY TRUST *2, _ I, , Ic-. AG D M J 33 �1� R H T%�� DONAL., ,SAI--,L 80 S A I E'M I teeP "E. • 34 2f 22� H f(�iNt.AM 0 AVENHE-t-e-5� 0 5 GERA61-ITY DONAL.0 t4 TR SAL.EPI MA 01T70 324 0220 804 0055 HIGHL.AND AVENUE UB4 SALEM HOSPITAL. REALTY TRUST 81 HIGHL.AND AVE 61-p-pi in I c�71-, 37 GERA 1,G,1-11.�All D AVE: 2,--,.,Q:805 0055 HIGHL;Al D 38 2 4 -_0 q A VEN U E UF` RE W Em HQSP IJ'AL. R -At-TY 7RUST,':,. G k'RA G HT Y DONAALEI 'TR 39 21# 0220 801-11 ee55 1 H"t ff-.AHf4- 4 E'11­14- 4'kF&I.L ON IT 4-WE—H444�- p 10,61.- FISHER Pll.'.-.RR.ICK S ETALI TRS SALEM HA 01970 0 41 211 0 22'0 807 0055 HIGHL.AND AVENUE U102 GREENBAUM MAURICE 55 HIGHLAND AVE U102 42 .1 43 77, 44, �- i �2zi 0,220 Z08 10655 Al GiOLAA b �Avt:lV LIE%, "110 31 -:PUCKLEY P'REDE.Rl CK' 0 1 - 45 i H,'Ei! 61 24- F5,2,2fq ee9 ee55 VEN H-E' U 4 R RG R 46 HAL.S I-ED D ADAMS W & L.OVEJOY D T`PS3' SAL.EM MA 0.1970 0 47 2 4- 0220 810 0055 HII`11-11.-AND AVENUE 11303 DOCTORS REAL.7Y TRUST 55 HIGH .AND AVE U1041 48 CIA, r-.1 777777 I T, OCI 5 5 H I T.)�It4 VENUE, It, 04' 49 'rW 13 'FIPTY, FIVE;4-11GHL.AND ,AVE 7,r�.w 2'4- .......... 67 0 9, ti A ......... NAPO" S' AL:.FE R T s fl 0 o. 54 .......... bb -a 0s7 , BOARD OF ASSESSORS C.1 I'Y HALL. PAGE. : �A 77 77, "C n, 3 • 2 2. ERS' LIST RTIFIED-ABUTT 4 7 5 SUBJECT PROPERTY: MAF": 25 L.OT 0016 SUFF: PROPERTY ADDRESS: 0050 HIGM-AND AVENUE :..6 1E.1 -Ap FAI TV TRI la, lo L.Ylq Cl :AUI)REY E T .......... A, fl-.Txr,` & ............. 12 A- A A p OT F; p S OWN -E-R- 10 13 . 11 z .1- 0055 H.IGHLA141) AVENUE U20.1 SAL.E-M ENT REALTY TROST �40 -4 022.'Cl 8 12 55 HIGHLAND AVE U20.1 5 F 1C 1 16 3 I GHLAN 4. 4 1:12 L �SURGICAL TRUST ..... .......... . 71 ,A ......."I"', -OODE)qOUciH' R I..) `U� SUCKLIEY. F,,KY�JR---Gfl 20 a. ...... . .. .... 21 4 92 H 194 -mf9- " g.aul Ap!p ....... W-&LZ-R 6WIAND �43% 15 1 21 GOLDSTEIN PAUL SALEPI MA 01970 • 7 8 24 02.2 0 8.15 DU`.-,5 HIGHLAND AVENUE U 37 0 12 HIGHLAND HALL TRUST 102 55 HIGHLAND AVE U h 24 SALE;." J -1-1- VE 0 -16 SALEM HOSPI TAL REAL FY TRUST "Ixf AN. -Il -1,q...... ..... 6* 20 92.2 0055:: 1+1 GHL 2 ...... 27 2, GERAGHTY: DONALD M 7 Rl -JW-cms 'v hf r�, ,A I-r=+ -�-) f+4L-4�)41C RIA 1,H 1�-Jjl, A I 0 iEP 300 23 AGI DONAL.I.) 11 7R SALEM MA 011970 24 02.4,0 818 00555 HIGHLAND AVENUE 0101A SALE.t"I HO'SPITAL REALTY rRUST 8.1 KIGHLAND AVENUE 31 24 AL D-W—U 3 25 2 3� )203 ,24 0*-= 8.19 0055 'HIGHLAND AVENUE U20.3- ' CL-APP' JOHN UEA -0 35 27 28 6--le -+444-t'HL. IJI-I341 -'T- 55—KJowl Awn:40r., 37 0 HALSIED 1) O/AI)APIf W P/LOVEJOY D TRS SALEM MA C11970 —0 30 31 420 33 34 45 35 4 0 36 4 4Q 37 1 0 36 0 39 4053 41 0 55 42 56 u- z 43 , T 58 45 46 81 0 47 48 49 sc • .... . 67 qw 51 52 69 0 53 70 54 �=.77,7.7.7,77 561 ............... 75 • �7 ... ... ....... .... OPPEA.L CASE NO. . . . . . . . . . . . . . . .. . . . . . . . \' Chi III �5221rm, r- assfIrhusPffS psarb of -O THE BOARD OF APPEALS: eUnaers ane re'r�esce t that� L-e is are the owners of a certain parcel of land to at d w . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District and said parcel is affected by Section s ) . . . . . . . . . . . . . . . . ^e 4assacnusetts State Building Code. lans eescribing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. I rrn o fii pm i 1�N ND .� Om N n= TFix - C)_ N L N The Application for Permit was denied by the Inspector of Buildings for the following reasons: — G. aet-i rN P peAl._ The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: S ee C eSS'a� .aq L L F Ge Owner. YNA�:iv x. . .12.0 G 14. . . .. . . . . . . . . . Address. . ww n. Aye: . . . . . . . Telephone. . . . �'i. �. .: : 3 i5. . . . . . . . . . . . . . . Petitioner. . .'1�X.' Address . . . S Z.. . ."•�;•cjL; . . . . . . . S Ct . . . . 1 t �- 3 ` . . ate. . �.? ? . , �( . Telepno'ne. . . . . . . . . . . . . . . . . . . . By. ..c; �.�� . . t ' -' i . . .f3F(. . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of Dpeais with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . . -our weeks Drior to the meeting of the Board of Appeais. Check payable to The cvenino News. LIAR- 9-94 WED 10;21 DROPKIN & PERLNAN FAX NO, 6176235561 P, 02 MRR-09-1994 08149 FROM RhERICRFI TO IHTEc,ItRTeD P.01/E2 4 Qv II'f N�uNY •WAY To PR4G•rpT: gt a °r N ' 1F ` 1 J L-r>T2 e,CNM egs. BLDG, a*sn-"sL T. us T3fo.4o N tESALPAD Awe'lue CAMATR AW , scale: V-20' I R1 D. Cl.1�TER A PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE AMERICAN SURVEYING COMPANY ABOVE MORTGA06 INSPECTION 7 MWGAiAVanua,W&MzinMAMs4 (817)893.8477 PLAN W PREPARED FOR _lam'Pis�3Y wl--..cr,F.E INC ul CON AND 16 OT IhTHANETV n RcpGE Mortgago Inspection Ilan AND IS NOT INTIIiO/a OR RBPRIz SENTED TO 86A LANDOR PROPERTY LNE SURVEY, NO CORNERS WERE THE LOCATION OP THE ORIGINAL RECORDED ems` eOUNTYREWSTRYOFCMD8 50. If CANNOT BE USED FOR ES• DWELLING SL101NN HEREON ElTH6fl BOOK,:3 PAGE LC.CGR TABLISHING FENCE, 1190GE OR WASINOOMPLUWCEWlSHTHELOCAL PLANREP�q@LC(3=nx a Iw' R�-• a sm.Ivf�'� 8uUNQuNESTHELANDASSHOWN APPUCADL6 ZONING BYLAWS IN EK DRAWN PEaTOWNOF_ HGRrON 18 BAKED ON OYEHT RIR• FECiINHENCO1Ji' MIZIfEDWTi1LRey MAP* PAHCFL� DATED ASCEBsORs NWED INFORMATION AND MAY BE SPIECT70HOAIZONTALDIMINSIONAL DDRE�3Z W6Nua N"' dT— - SUBJECT TO FURTHEROUT.9ALE9 R6=111EMENTSONLYI,ORISEXEMPT e� MIA WGS TAI ,EUEM6NTSANDRICNTSOf FROM VXRATION ENFORCEMEWT At- BBRROWBR:-112ne- WAY. na REGPONBIBILTTY 13 EX. MORIINDFRM0188.0,LTMAV11,04AR -- - TENDEDHEREIHTOTHEtATmOWNER 40k SEC. 7, UNLESS OTHERWISE SUBJEOT DVTELLWG LIES IN FLOOD ZONE C OR OCCUPANT,R IS NOT INTENDED NOTED OR SHOWN HEREON.A CON• AS$HOWN ON NATIONAL FLOOD MMRANCE�PFiDORAM PLOOD TO BE RECORDED. FIRNATORY INSTRUMENT SURVEY INSURANCE RATE MAP DATED -.�- DATE 16 ADVISED WHEN STRUCTUR63 ARE COMMUNITY_PANLiLI LR .• CLIENT 7?••P ,IyEP.B SHOWN TO BE 1' OR LESS FROM Ep DRl1FTED Ep CLIENT REF./ W atc PROPERTY OR REOU1REp ZONING BY J•0.11_3T2oLTsg BETBACKLWES. DATE i , .3. F.B.5om6 PCE J. Ct o f �ttlPm �7ZtI552Ithu�PttS `_' ( ` , c _ oe PaAra of CAuuu J 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 folTowin� 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. i 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 hearing, the Board of Appeal concludes as follows: 1 . The proposed used will be in harmory with the neighborhood and will not be detrimental to the neighborhood; 2. The proposed use will be less detrimental than the existing T.V. 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: 1 . The office not be expanded from its current size and the office not employ more than four (4) employees. SPECIAL PERMIT GRANTED ames B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK n a, J �JI Li. :F -rte Gc .S'JAIT TO r I_ 7 OF A V_ GE fn c_ ,y': 20 DAYS FfER THECA- A"' - r L. CENERAL LA t C i�c -„ A.l'. 5h. HE CITY CLE3K. OF TH'S ::ELIS v IN THE OFFICE T Sa P ...E ..=.S'�'�T TO _A S. T.Ear--r' Ln NF. CRAFTER SDS. S :d: 11. THE Y. - r R Sd ALL N"i TA"E EFF:CT UNTIL A L.rY OF THE Cc .� cI.L EH c„ P. GR C HF E A\ N F i GF Tr 91 CRS iF.'.T 2C CAPS HAVE E-��=SD IE_ C6 ,HA IF S.0 '.PFEAL HAS BEEN FILE Tho Il DS D I 5 ° ui LC° � .. OF RECORD INTHE S RECORDED ESSEX ANDY NOTED�ONFTHEEO'J INER'SIICERTIFIICATE OF TITLE.DEXED I;NDE� THE y c .,F T BOARD OF APPEAL N O r• rr �p� F N � e 'ryo ti �l! ea o` N Qo W � �v r Q ry er b7 Hg = o v °►i \ _ Z •f H � ar � O W r�� 2 DNIXUVd 9c o boa � m m 1b IfN o b Ot Oj a /. 6t 5_at `7/ sus _ s y 4 e aZ �.e y w a o cJ� yo 19 - iQ o