57 HIGHLAND AVENUE - ZBA (2) 57 Highland AVe. (R-1 )
N.S. Childrens Hospital
Ronald Hill \
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of "Salem, fflnesuchusetts
Poarb of '4peal
DECISION ON THE PETITION OF NORTH SHORE CHILDRENS HOSPITAL
FOR A SPECIAL PERMIT FOR 57 HIGHLAND AVE. , SALEM u ,
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A hearing on this petition was held November 6, 1985 wiyhi heI o awingSBoard Members
present: James Hacker, Chairman; Messrs. , Charms, L�{iE4ki, Strout and Associate
Member Bencal. Notice of the hearing was sent to abutters and others and notices
of the hearing were properly published in the Salem EOn`-d*;:-1iews-:f4f.843&rdance with
Massachusetts General Laws Chapter 40A.
Petitioners are requesting a Special Permit to construct an addition in this
R-1 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 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 considering the evidence presented at the hearing and
after viewing plans of the property, makes the following findings of fact:
1 . There was no opposition;
2. The decision of this date supercedes previous decision of April 24,
1985 and renders the previous decision null and void.
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 petitioner's plan will not be substantially more detrimental
to the neighborhood;
2. The granting of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants;
3. The relief requested is in harmony with the purpose and intent of
the Zoning Ordinance.
i
a DECISION ON ,THE PETITION OF NORTH SHORE CHILDRENS HOSPITAL
FOP A SPECIAL PERMIT FOR 57 HIGHLAND AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the
petitioner the relief requested and allow the construction of an addition under
the following terms and conditions:
i
1 : Decision granted April 24, 1985 is rendered null and void;
2. A Certificate of Occupancy be obtained; '
3. Addition be built in accordance with plans submitted to the Board;
4. The fire alarm system and automatic sprinkler system be expanded
as per the Salem Fire Prevention Bureau.
SPECIAL PERMIT GRANTED
aures B. Hacker, Chairman
A COPi' OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APFEA:FRO;.! THIS DEC1S!7J. IF A.'.I1'. SHALL BE idA.DE PURSUA";T TO SEiTIDR E A THE
S F;,LEp 4i.TH.N ZD DAYS AFTER THE DATE OF FILIXO ,.
GENERAL LAR'S. CHAPTER S S A 'D S4 E n. T .
r . roc ScC-I li, .CE OR cF`_CIAL P:
OF THIS DEC'
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MAW OF I BE Fi'E. FSAi 7i � _t THE h.i.7{ OF THE (W-`Ll,
OR THAI. IF c nr:- APFL_ / EEDs AND INDEXED Uh c'.
RECORDED IN THE S UTH ESSEX RE'�'S�"`� Gr
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE BOARD OF APPEAL
Bitot IIfMlem, fflassar4usetts
Poarb of Appvd RECEfVED
'85 APR 30 P3 :03
DECISION ON THE PETITION OF NORTH SHORE CHILDRENS HOSPITAL
FOR A SPECIAL PERMIT FOR 57 HIGHLAND AVE. , SALEM CITY CLERK'S OFFICE
SALEM M
A hearing on this petition was held April 24, 1985 with the following Board Members
present: James Hacker, Chairman; Messrs. , Charnas, .Gauthier, Luzinski 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.
Petitioners are requesting a Special-Permit in order to construct an addition
to its existing structure in this R-1 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 the procedure and conditions
set forth in Section VIII F nad IX D, grant Special Permits for
alterations and reconstruction of nonconforming structures, and for
changes, enlargement, e-tension 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 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 considering the evidence presented at the hearing and
after viewing plans of the property, makes the following findings for fact:
1 . There was no opposition;
2. Would enhance the operation of the hospital and therefore be an
improvement for the inhabitants of the City of Salem and surrounding
communities.
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 petitioner's plan will not be substantially more detrimental
to the neighborhood;
2. The granting of the Special Permit will promote the public health,
safety, convenience and welfare of the City"s inhabitants;
3. The relief requested is in harmony with the purpose and intent of
the Zoning Ordinance.
FOR A SP THE PETITION OF THE
ECIAL PERMIT FOR 57 HIGHLAND NORH SHORE
_ Page twoAVE. , CHILDREN,S HOSPITAL
The SALEM
'the e, the Zoning Board of
conditions. Special Permit Appeal
voted unanimously 5_p to
to allow an addition under the
grant the p,
1 • A Certificatefollowing
of Occu term;
2 Addition be Pancy be obtained;
built as
3• The fire Per the plans submitted to
alarm system the Board;
as Per the Salem and automatic
Fire Prevention s2rinkler system be expanded
panded
SPECIAL PERMIT GRANTED
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A COPY OF Chairmyn
THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD
AND THE CITY CL>,
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APPEAL FRDd! THIS rn O
DECISION, r I'r7 W
® - GENERAL LAYrS, I' A��Y, SHALL BE CHAFTEfr
S-AND 6%ADE PURSUANT TO.
OF iH:S L`EC.'S!ON IN SHALL SE F!_ED SECTION 17
. PUI's , T TD ,.,ASS c riNE OFFICE OF THE CITY ti lTH1, 20 DAYS AFTER T OF THE M14ASS
G RA.rii ED H'E �_";'„RA, LA";�. ONA NA-TER
ED$ CLERK. HE DATE OF FILINO
P,6di• SHALL N--T TR::E EF?CT UR'71L S_L.TI9il 11, THE VARIA?.'Cf OH
u FICA7iG;J Cr THE CITY CL'
cR.; iHA) A COPY OF THEDECISL?:Y, Er.R, SPECIAL P"
THAT. IF SU,^.I; A:: r•, `O � HAVE cR.1 -
RECORDED AFF_., H;c E-.DA)S ELAPSED A.;D f<O APP, "�° THE CEP,T• .
OF IDR IS SL'UTH fEDS AND RNO ETRYFO'F DEEDS AND INDEXEDCIS;ZISS D CR EFEN FILED,
RECORD
RECORD D.'dIED
D ON THE OWNER'S UNDER THE NAME OF THE OYJNER
CERTIFICATE OF TITLE.
BOARD OF APPEAL
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APPS ChSF NO. . . . . . . . . . . . . . . . . . . . . . . .
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TO THE BOARD OF APPEALS:
The Undersigned represent that ate -tet ai°e' the owners of a certain parcel of land located
at NO. . . . . . 57.91014nd .AvetuP . . . . . . . . . . . . . . . . . . . . . . . .$treet; Zoning District. R-1. .
. . ; and said parcel is affected by Section(s). . . .. . .. . . . . . . . .
of the Massachusetts State Building Code.
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A.1 of the Zoning Ordinance.
Prior to submitting plans to the Inspector of Buildings, we are requesting
that North Shore Children's Hospital be permitted to build an addition to
its existing structure which is located in Zoning District R-1.
D
According to the Inspector of Buildings and the Salem, Massachusettsoning 5
Ordinance, -a special permit is required. '
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The Application for Permit was denied by the Inspector of Buildings for the f,41 IOWIIA+
reasons:
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Owner. . xag711•$>JO1N.(;nXIJ1PJ i'S. HPSPITAL. . . . . . .
Address. . 5/,HIGHLAND .QVEXUK , , , ,
Telephone. . , 74572100 . . ,
Petitioner. . ,RONALD HILL
Address. . . ,57 HIGHLAND AVENUE, SALEM MA
X . . . . . . . . . . . . .
Date. . . . y . . . . . . 45 2100
Telephone. j
By . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Ap,ppeals with a check, for advertising in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
fc,:r v,eeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
i
K (�ttg of Salem, gassaehusetts
'a,�c��„�' ire �e�arfinerd �ettayuarlers
48 ?:ufgztte �treet
ROBERT J. CROWLEY
A/Chiefzdem, {tt. II197D
Date: April 24, 1985
City of Salem RE; 57 Highland Avenue
Board of Appeal North Shore Children 's Hospital
One Salem Green
Salem, MA 01970
Sirs:
As a result of the notice received concerning the Board of Appeal hearing for
the above listed name and address, the Salem Fire Department requests the
following items to be placed on record:
The Salem Fire Department has no objection to the granting of a Special Permit
to construct an addition at North Shore Children's Hospital .
Should a Special Permit be granted, North Shore Children 's Hospital shall be
required to expand the fire alarm system and automatic sprinkler system.
Ir
man P.Fire
e -
Fire Inspector
cc: Appellant
Building Inspector
File
Form #105
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