50-52 HIGHLAND AVENUE - ZBA 50-52 Highland Ave. B-1
Maxine Bock
1�
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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
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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 �—
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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
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DATE 3• F.B. 0 PGE. d_.
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•:� 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
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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
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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
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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.
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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
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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 `_'
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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,
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Gc .S'JAIT TO r I_ 7 OF
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CENERAL LA t C i�c -„ A.l'. 5h. HE CITY CLE3K.
OF TH'S ::ELIS v IN THE OFFICE T Sa
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..=.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
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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
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