55 HIGHLAND AVENUE - ZBA (2) 55 Highland AVe. R-1 _
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DDCISION ON THE PETITION OF DONALD GERAGHTY FOR A fILE#
VARIANCE AT 55 HIGI—U N AVE, SALE74 CITY CLEAL SALEM. MASS.
A hearing on this petition was held on August 10, 1988, with the following
Board Members present: James Fleming, Chairman, Messrs. , Bencal, Nutting
Luzinski, and Strout. Notice of the hearing was sent to abutters and
others and notices of the hearing were properly published in the Salm
Evening News in Accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance from change in use to a Medical/
Diagnostic complex.
John Serafini, 63 Federal St. , Salem, representing the petitioner
requested Leave to Withdraw Without Prejudice.
The Zoning Board of Appeal voted unanimously to allow petition Leave to
Withdraw Without Prejudice.
WITHDRAWN
), ohn R. Nut i g, Se etary
A COPY OF THIS DECISION HAS BEEN FILM WITH THE PLANNING BOARD AND THE CITY CLERK
AMAL FROM THIS DECISION. IF ANY, SHALL BE MADE PURSUANT TO SFCr"N 17 O' THF vqn,
M4 Z:\L _ 3, AAD SHALL BE FILED WITHIN
Or .;S c lb. is l v f i OFFICE OF THE CITY CLERK.
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BOARD OF APPEAL
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DECISION ON THE PETITION OF DONALD GERAGHTY FOR A FILI#
VARIANCE AT 55 HIGHLAND AVE, SALEM CITY CLERK.SALEM. MASS.
A hearing on this petition was held on August 10, 1988, with the following
Board Members present: James Fleming, Chairman, Messrs. , Bencal, Nutting
Luzinski, and Strout. Notice of the hearing was sent to abutters and
others and notices of the hearing werePe Y ro rl published in the Salem
P
Evening News in Accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Variance from change in use to a Medical/
Diagnostic complex.
John Serafini, 63 Federal St. , Salon, representing the petitioner
requested Leave to Withdraw Without Prejudice.
The Zoning Board of Appeal voted unanimously to allow petition Leave to
Withdraw Without Prejudice.
WITHDRAWN
i
ohn R. Nutfifpq, Se, etary
A COPY OF THIS DECISION HAS BEEN FILM WITH THE PLANNING BOARD AND THE CITY CLERK
QVEAL FROM THIS DEf.;SION,
6C,tiR:ll IF ANY. SRALL BE MADE PURSUANT 70 SFCT'^N 17 ^f 7HF !!496.
.r S.--'3 A%O SHALL DE FILED WITHIN 2'
OF i91S Lc..IS.'3: I;tl C1E OFFICE OF THE CITY CLERK. on.o .. - — :' ;,NO
4A! L,1WS, CH,7PTER 898, SECTIO;! 'I,
NJ7 IAKE EFFECT UNTIL A COPY ^'F 'R'.flT
THAT 20 DAYS HAVE EL1P':_ tT
HAS BEEN FILE. THAT IF
-',:I ESSEX REGISTRY OF DEEDS AND -
41l.UHU UR I3 HECURDED AND NOTED ON THE OWNER'S Cu2;;r IG.1TLE THE OWNER
BOARD OF APPEAL
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 and structures in the same district;
Y
b. literal enforcement of the provisions of the Ordinance would involve
` substantial hardship, financial or otherwise to the
petitioner; and
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 at the
hearing and after viewing the plans, makes the following findings of fact:
1.
1 . There was no opposition to the petition presented at the hearing;
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On the basis of the above findings of fact, and on the eviderice presented, the
Board of Appeal concludes as. follows:
1 . Special conditions exist .which especially affect the subject property
but not the district generally;
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2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief 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 cf the Ordinance.
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DECISION ON THE PETITION OF SALEM HOSPITAL REALTY TRUST
FOR A VARIANCE AT 55 HIGHLAND AVE. (R-1 )
a hearing on this petition was held September 14, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting
and Strout. 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.
The petitioner, represented by Attorney John R. Serafini, Jr. , are the owners
of the property on which they operate Salem Hospital. The petitioner is seeking
a Variance to convert level #3 of Highland Hall to medical and dental condominium
offices. The petitioner also seeks a Variance from the parking requirements of
the Zoning Ordinance to allow the allocation of One Hundred ( 100) spaces for the
uses in Highland Hall, new and existing.
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 and structures in the same district;
b. literal enforcement of the provisions of the Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
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 at the
hearing and after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition presented at the hearing;
2. Councillor Leonard O'Leary spoke in favor of the petition;
3. There is a need for on-campus medical and dental offices at the locus;
4. The one hundred (100) space dedicated parking area will be sufficient to
.service Highland Hall.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property but
not the district generally;
DECISION ON THE PETITION OF SALEM HOSPITAL REALTY TRUST FOR
A VARIANCE AT 55 HIGHLAND AVE. , SALEM
page two
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested Variances, subject to the following terms and conditions:
1 . That all conditions of previous Variances granted to the petitioner
for Highland Hall be adhered to;
2. The petitioner maintain 100 parking spaces dedicated to Highland Hall use;
3. Petitioner obtain a Certificate of Occupancy prior to use;
4. All construction be as per plans subsmitted to the Board of Appeal;
5. All requirements of the Salem Fire Dept. relative to fire safety, be
adhered to by the petitioner.
VARIANCES GRANTED
James M. Fleming, Esq.,,-,'
Chairman, 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 THE Mw4t-
GENERAL LAWS. CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THETY BOB, SECTION 11. THE VARIANCE OR SPECIAL PERMIT
PURSANT MASS. GENERAL AL LAWS. CHAPTER
CRA�ITED HEREIN. SMALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION. BEARING THE CERT-
FICATION OF 1HE CMY CLERK THAT 20 DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED.
CR THAT. IF SUCH AN APPEAL HAS BEEN FILE. 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
,rtawiq
of ttlem, Ansour4usetts drs TO 3 of i I '89
pourb of AVPzzd FILE`
AMENDED
DECISION ON THE PETITION OF SALEM HOSPITAL REALTY TRUST
FOR A VARIANCE AT 55 HIGHLAND AVE. (R-1)
A hearing on this petition was held September 14, 1988 with the following Board
Members present: James Fleming, Chairman, Messrs. Bencal, Luzinski, Nutting
and Strout. 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.
The petitioner, represented by Attorney John R. Serafini, Jr. , are the owners
of the property on which they operate Salem Hospital. The petitioner is seeking
a variance to use part of the basement level of the Salem Hospital Highland Hall
Office Condominium for medical diagnostic and treatment purposes. The petitioner
also seeks a Variance from the parking requirements of the Zoning Ordinance to
allow the allocation of One Hundred (100) spaces for the uses in Highland Hall,
new and existing.
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 and structures in the same district;
b. literal enforcement of the provisions of the Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
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 at the
hearing and after viewing the plans, makes the following findings of fact:
1. There was no opposition to the petition presented at the hearing;
2. Councillor Leonard O'Leary spoke in favor of the petition;
3. There is a need for additional on-campus medical diagnostic and treatment
facilities at the locus;
4. The one hundred (100) space dedicated parking area will be sufficient to
service Highland Hall.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but
not the district generally;
DECISION ON THE PETITION OF SALEM HOSPITAL REALTY TRUST FOR
A VARIANCE AT 55 HIGHLAND AVE. , SALEM
page two
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the petitioner;
3. The relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested Variances, subject to the following terms and conditions:
1. That all conditions of previous Variances granted to the petitioner
for Highland Hall be adhered to;
2. The petitioner maintain 100 parking spaces dedicated to Highland Hall use;
3. Petitioner obtain a Certificate of Occupancy prior to use;
4. All construction be as per plans submitted to the Board of Appeal;
5. All requirements of the Salem Fire Dept. relative to fire safety, be
adhered to by the petitioner.
VARIANCES GRANTED
.James M. Fleming, E q.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
APPEAL FROM THIS DECISION. i� ANY. SHALL BE :'ADE PURSUANT TO SECTION 17 OF THE �!P.Y.
GENERAL LAWS, CHAPTER 838, AND SHALL BE F'I.L� WTHIN 20 DAYS AFTER THE DATE OF RL:I
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSANT TO MASS. GENERAL LAWS, CHAPTER S03, S:�;1,;1 11, THE VARIANCE OR SPECIAL PF!
GRANTED HEREIN, SHALL NOT TAPE EFF--CT UNT!L A COPY CF THE CEC'ISI ;N. SEA:'U:''-.H7 -
ACATION OF THE CI-i CLER.( (NiT 2J DAYS' HAVE E!,1Pl;;O -
OE--N OIS.:JSSED OR DEN;Ei; IS
RECORDED IN THE SOUTH ESSEX REGISTPY OF LEEDS AND INDEXED UNDER THE P;AiLE OF THE L,RlEi7
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
;y �Iit of ttlem Mn59aC '
� , � �usetts dre ZO 3 of � ,� 89
19var o{ CA7P211 F!lr
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AMENDED :ITY
DECISION ON THE PETITION OF SALEM HOSPITAL REALTY TRUST
FOR A VARIANCE AT 55 HIGHLAND AVE. (R-1)
A hearing on this petition was held September 14, 1988 with the following Board
Members present: James Fleming, Chairman, Messrs. Bencal, Luzinski, Nutting
and Strout. 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.
The petitioner, represented by Attorney John R. Serafini, Jr. , are the owners
of the property on which they operate Salem Hospital. The petitioner is seeking
a variance to use part of the basement level of the Salem Hospital Highland Hall
Office Condominium for medical diagnostic and treatment purposes. The petitioner
also seeks a Variance from the parking requirements of the Zoning Ordinance to
allow the allocation of One Hundred (100) spaces for the uses in Highland Hall,
new and existing.
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 and structures in the same district;
b. literal enforcement of the provisions of the Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
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 at the
hearing and after viewing the plans, makes the following findings of fact:
1. There was no opposition to the petition presented at the hearing;
2. Councillor Leonard O'Leary spoke in favor of the petition;
3. There is a need for additional on—campus medical diagnostic and treatment
facilities at the locus;
4. The one hundred (100) space dedicated parking area will be sufficient to
service Highland Hall.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property but
not the district generally;
r
DECISION ON THE PETITION OF SALEM HOSPITAL REALTY TRUST FOR
A VARIANCE AT 55 HIGHLAND AVE. , SALEM
page two
2. Literal enforcement of the provisions of the Ordinance would involve
substantial hardship to the Petitioner,
3. The relief 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested Variances, subject to the following terms and conditions:
1. That all conditions of previous Variances granted to the petitioner
for Highland Hall be adhered to;
2. The petitioner maintain 100 parking spaces dedicated to Highland Hall use;
3. Petitioner obtain a Certificate of Occupancy prior to use;
4. All construction be as per plans submitted to the Board of Appeal;
5. All requirements of the Salem Fire Dept, relative to fire safety, be
adhered to by the petitioner.
VARIANCES GRANTED
James M. Fleming, E q.
Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK.
APPEAL FROM THIS DECISION. ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE
GENERAL LAMS. CHAPTCR 808. AND SHALL BE F!1.'-D WTH;N 2D DAYS AFTER THE DATE GF F
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. �L...,
PURSANT TO MASS. GENERAL 0VIS. CHAPTER 83. G: i ,J 11. THE VARIANCE OR SP-CIA1 PEP"
GRANTED NEREI!1, SHALL NOT TA'E EFF.-..T UNT!L A COPY CF THE-,E' :;i, GEAR N -
FICATION OF THE CL^i CLERA 'CIAY 27 DAYS HAVE Z;1^;;.'1 '.'i) N? D.PPEAL HAS &,P1 F J.
OR THAT, IF SUCH All APPEAL HAS BEE:t FH.E. THA! If H;.O GEEK CISi.iISSEO LR DE.'DE;: 1b
RECORDED IN THE SOUTH ESSEX REGISTRY OF UE:CS ANO IIiOEXED UNDER THE NA.VE OF 'fHE f—;ri?
OF RECORD OR IS RECORDED AND NOTED ON THE'DINNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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