72 HIGHLAND AVENUE - ZBA 72 Highland ave. R-3
Ayers D''Sousa
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DEC 18 L 59 i'ii X91
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DECISION ON THE PETITION OF DR. AYRES D'SOUZA
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE (R-3)
A hearing on this petition was held December 16, 1991 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt and Francis Grealish Jr. 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 construction of a second floor addition to a portion of the
premises and to lift a restriction limiting the number of allow doctors,
in a decision of August 8, 1981. The property is located in an R-3
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. There was no opposition to the request.
DECISION ON THE PETITION OF AYRES D'SOUZA
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE, SALEM
page two
2. Three letters in support were received by the Board, ar¢¢ara 2yg1 1 ,91
68 Highland Ave. ,Kenneth Anderson, 84 Highland Ave. , and ite L
Verrette, Officer Manager, Salem Village Associates.
3. Councillor O'Leary spoke in favor as did Fire InspectRq �LaPo n�gc „ �1,kSS.
4. There will be adequate parking.
5. The granting of this petition will enhance Dr.D'Souza's child .care
practice, as well as contribute to pediatrics at the Salem Hospital.
On the basis of the above findings of fact, and on the evidence
presented, 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 construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall obtain a legal building permit.
4. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
5. A Certificate of Occupancy shall be obtained.
6. Seven (7) on site parking spaces are to be maintained.
J
DECISION ON THE PETITION OF Dr. Ayres D'Souza
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE, SALEM
page three DEC IU L 59 il'1 y�
SPECIAL PERMIT GRANTED i i.LL:.
December 16 1991 ass.
s ; TY L'L' ii K. G
it
'Ric hard Febonio, Member
Board of Appeal
A COPY OF THIS DECISION HAS ,BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
Appeal from this deciison, 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 to 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
ofttlem, � ussttcljusetts
boura of Appeal
DEC IU L 59
'I TY ;s
DECISION ON THE PETITION OF DR. AYRES D'SOUZA
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE (R-3)
A hearing on this petition was held December 16, 1991 with the following
Board Members present: Richard Bencal, Chairman; Richard Febonio,
Edward Luzinski, Mary Jane Stirgwolt and Francis Grealish Jr. 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 construction of a second floor addition to a portion of the
premises and to lift a restriction limiting the number of allow doctors,
in a decision of August 8, 1981. The property is located in an R-3
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. There was no opposition to the request.
DECISION ON THE PETITION OF AYRES D'SOUZA
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE, SALEM
page two
2. Three letters in support were received by the Board, ar¢¢airay $f1i ,91
68 Highland Ave. ,Kenneth Anderson, 84 Highland Ave. , and UWNe L
Verrette, Officer Manager, Salem Village Associates. _
i IL:_ ;;
3. Councillor O'Leary spoke in favor as did Fire Inspectpr, (,aPpintg;;., ;ASS.
4. There will be adequate parking.
5. The granting of this petition will enhance Dr.D'Souza's child care
practice, as well as contribute to pediatrics at the Salem Hospital.
On the basis of the above findings of fact, and on the evidence
presented, 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 construction shall be done as per the plans and dimensions
submitted.
3. Petitioner shall obtain' a legal building permit.
4. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
5. A Certificate of Occupancy shall be obtained.
6. Seven (7) on site parking spaces are to be maintained.
DECISION ON THE PETITION OF Dr. Ayres D'Souza
FOR A SPECIAL PERMIT AT 72 HIGHLAND AVENUE, SALEM
page three
DEC iii L �9
SPECIAL PERMIT GRANTED ` '`E '
December 16, 1991 ;ITY C'1Z '•K
Richard Febonio, Member
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
Appeal from this deciison, 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 to 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
DATE OF HEARING
� 9
PETITIONER '
LOCATION 2� /,
MOTION: TO GRANT 1 SECOND
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
TO CONTINUE SECOND
ROLL CALL PRESENT GRANT DENY WITHDRAW RE-HEAR CONTINUE
RICHARD BENCAL
J
RICHARD' FEBONIO
�//� E/ EDWARD LUZINSKI
MARY JANE S1rRGWOLT V
ASSOCIATE MEMBERS
RONALD PLANT;
ARTHUR LABRECOUE
CONDITIONS: /
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November 25, 1991
To Whom It May Concern:
We permit the patients visiting the medical offices at 72
Highland Avenue to utilize our parking area.
Many of these patients are also customers, so that this
limited use does not cause any problems.
Gu�� of r7o
November 25, 1991
To Whom It May Concern:
We are direct abutters to the property at 72 Highland Avenue,
Salem, which is owned by Dr. D' Souza.
Over the years Dr. D'Souza has been a good neighbor, and we
have not had any problems in the neighborhood occasioned by Dr.
D'Souza' s practice.
We are in favor of his request.
SALEM VILLAGE ASSOCIATES
12 HERITAGE DRIVE
SALEM, PAS, 01570
November 25, 1991
To Whom It May Concern:
We have issued stickers to the employees of Dr. D' Souza, and
they are permitted to use our parking area abutting his property.
We have not had any problems with this arrangement.
d.P 1. _ • (:iy����,��,�
Salem Historical Commission
ONE SALEM G RE EN.SALEM. MASSACHUSETTS 01970
t,517) 745-9595. EXT. 311
November 20, 1991
Richard Bencal, Chairman
Board of Appeal
One Salem Green
Salem, MA 01970
Dear Chairman Bencal :
The Salem Historical Commission is in receipt of your agenda
for November 20,_1991 of which petitions for
KE Higfiland-Avenue `will be heard.
Enclosed for your information are building survey forms which
show that 72
Highland Avenue was constructed between 1897 and 1911 .
Because the Commission has not met since the receipt of your
agenda, and will itself be meeting at the same time that the Board
of Appeal meets, the Commission has not been, nor will be, able to
review the proposed plans for these properties . Therefore, at this
time, we cannot take any position on these petitions . However, we
are hopeful that any decisions regarding the proposed alterations
will be made with consideration of the historic architecture of
these buildings .
In this regard, the Commission would be pleased to offer
design review, should the Board of Appeal request such services .
Thank you for your consideration.
Sincerely,
THE SALEM HISTORICAL COMMISSION
Annie C. Harris
Chairman
JG\JG\APPEAL2
FORM B - BUILDING
AREA FORM NO.
MASSACHUSETTS HISTORICAL COMMISSION 18
BO BOYLSTON STREET
BOSTON, MA 02116
Salem
ess 72 Highland Avenue
oric Name
��fggr Present Medirnl offirP
Original 9 RPCIdPnYla1
IPTION
RPtwPPn 1897 and 1911
• ce
Al
e TtallanntP/Q,man Ann.
nnr•
• itect
Sketch Map: Draw map showing property's location
in relation to nearest cross streets and/or Exterior Hall Fabric
geographical features. Indicate all buildings
between inventoried property and nearest Outbuildings Nn^e
intersection's).
Indicate north
f
r' Major Alterations (with dates)
N
b �
� Condition Good
9
C
q
N Moved No Date
.q O Acreage Less than one
O L
F Setting Near commercial, development on
major thoroughfare to Lynn
UTM REFERENCE Recorded by Northfields Preservation Assoc
USGS QUADRANGLE Organization Salem Planning Dept.
SCALE Date June. 1990
NATIONAL REGISTER CRITERIA STATEMENT (if applicable)
ARCHITECTURAL SIGNIFICANCE Describe important architectural features and evaluate in terms of
other buildings within the community.
72 Highland Avenue is a fine example of the Italianate/Queen Anne blend and
a remnant of Highland Avenue's late 19th century architecture amidst its late
20th century architecture. It rises 2 1/2 stories under a gable roof, end to
the street. The entry is to the facade's north; a panelled two-story bay window
with dentilled and bracketed cornices exists to the south. Window sash are 2/2.
Over the entry is a small octagonal stained glass window. The gable end
possesses two 1/1 windows and cornice returns. The cornice is dentilled and
bracketed. Five bays deep, the house has a granite foundation and a pedimented
gable dormer to the north. First story windows on the north elevation are
capped by entablatures; second story windows have peaked moldings. South
elevation windows have peaked caps at the first story and peaked moldings at the
second. There is a one-story rear ell with entry.
HISTORICAL SIGNIFICANCE Explain the role owners played in local or state history and how the
building relates to the development of the community.
Highland Avenue is an old road to Swampscott and Lynn, called the Salem
Turnpike and opened in 1803• This section of Highland Avenue was part of the
extensive Ware estate until the early 1880s; the lots for this house, 62-64, 66
and 68 were laid out across Ware's property by 1874. Two small houses are
depicted on this lot on the 1897 atlas; the 1911 atlas depicts this house, as
the property of George A. Lendall, an engineer. Unfortunately, the existence of
previous houses at this address makes it impossible to date the building's
construction from the directories.
BIBLIOGRAPHY and/or REFERENCES
Maps and atlases: 1851 , 1874, 1897 and 1911
Salem City Directories
Webber, C.H and Nevins, W.S. Old Naumkeag. Salem: A.A. Smith and Co. , 1877.
8/85
a � Salem
Hospital
81 Highland Avenue
Salem,Massachusetts 01970
Telephone(508) 741-1200
December 16, 1991
To whom it may concern:
Drs. Higgins, McAuliffe, and Mandell of Pediatric Associates of Greater
Salem, Inc. (72 Highland Avenue) spend a significant percentage of their
time in the Salem Hospital Special Care Nursery. Dr. Higgins is Associate
Director of the Special Care Nursery. Together, they spend at least 12
twelve hour shifts per month in the hospital.
Very truly yours,
Tai Tran
Director
Neonatology
APPEAL CASE NO. . . . . . . . . . . .. .. . . . . . . . . .
f1�it of Salem, ccanarlpsetts
PuttrD of �kppett!
•4rrmm��
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . .Z2 .8i.ghlan(1 .Av.enue. . . . . . . . . . . . . . . . . .xgtneat; Zoning District.R-3. .
. . . .. . . . . . . . . . . . . . . . . . . . . . . . . : a�roekmdtaak�eiatc6c&eed�dzgcias�ireus . . . . . . . . . . . . . . . .
�fXiheX@dassaato�sgsXt��t�a�d�ki�tegtaGodes
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
vY 6
LL Tr
m=.
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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:
See Schedule A, Attached.
i
Owner. .AY';eq .T . . . . . . .. . . .. . . . . .... ..
Address. .?? .4i&bland .Avenue,. Salem,. M!', 01970.
c/o John R. Serafini, Sr.
Telephone. . . . . 508 ,744;02.12 .. . . . . . . . . . . . . . ..
Petitioner. Ayres T. D'Souza . . . . . . . .
c/o John R. Serafini, Sr.
Address. . . 63 Federal Street
November 26, 1991 Salem, MA 01970
Date. . . . . Tele one.. 508, 744,-02,1). . . . . . . . . . . . . . . . . . . . .
B �. . . . . �/ .. . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
jrAppeals with a check, for advertising in the amount of. . . s.76-5D. . . . . . . . . . . . . .. . .
ifour weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The Petitioner, Dr. Ayers T. D'Souza, was originally granted
a Variance in 1981 for the property he owns at No. 72 Highland
Avenue. Dr. D'Souza has been a practicing pediatrician in Salem
for the past twenty years.
In 1981, because of the requirements of his practice to be
close to Salem Hospital and to North Shore Children' s Hospital, he
requested a Variance from the Board so as to be permitted to use
the building at No. 72 Highland Avenue for professional offices.
At the time of his application, the situation was such that seven
(7) parking spaces were available on the property at No. 72 .
There was an existing house between his property and the property
owned by the mini shopping center.
The Board granted the Variance; but it did include a
limitation on the number of physicians that would be using the
building. At that time the� Board was specific in saying that that
limitation was not to indicate that a request for enlargement of
the number of physicians would not be entertained if there were
circumstances that changes from those existing in 1981.
It is believed that one of the concerns was parking. During
the past four years there has been a significant change in
circumstances and conditions effecting the general area. First of
all, with the close of the Lynn downtown hospital and the
transferring of their infant care facilities and births to Salem
Hospital, Dr. D' Souza's practice had to accommodate additional
patients in order to service the communities. A fourth physician
was added, and there are also two part-time physicians who utilize
offices on a rotating basis in order to adequately serve the
pediatric needs of the area and to provide coverage at North Shore
Childrens ' Hospital and Salem Hospital, which is essential in the
early stages of infancy. Because of the rotations, days off and
coverage schedules, there are never more than three physicians
actually seeing patients at No. 72 Highland Avenue at any one time.
The need for utilizing the first floor space for a waiting
room has become more acute. The Petitioner feels that this need
can be accommodated by relocating the records and file cabinets to
the second floor, as shown on the enclosed plans. This will free
up the downstairs space and provide space for the important aspect
of the patients' record-keeping.
In addition to the above change, there have been physical
changes to the area. The house that stood between No. 72 and the
mini shopping center was acquired by the people who own the mini
shopping center, and the space was turned into a parking area for
use by the employees of that center.
1
By arrangement with the owners of the adjacent area, which now
has adequate employee parking, Dr. D'Souza' s patients are permitted
to use the general parking area, namely the fourth row from the
front of the shopping center buildings. Since many of the patients
in turn are or will become customers of the shopping center, the
arrangement has worked out well.
Also, the owners of the apartment house complex in back, which
has more than sufficient parking, have issued stickers to Dr.
D'Souza' s employees, so that they park adjacent to the property at
No. 72 , but are off-site. These changes have resulted in more than
adequate parking. There have never been any complaints from the
neighbors relative to parking.
It is submitted that all the changes are in accordance with
the conditions of the 1981 Decision of the Board, under which the
specific language, which stated
"However, this limitation is not intended to
prohibit a subsequent request by the
Petitioner to enlarge his practice in the
event of a change in circumstances. "
The Petitioner, in the beginning of these current proceedings,
was not as thorough as he should have been in preparing his
petition; and then, unfortunately, he was not able to be present
in person to explain some of these things to the Board. In
conferring with him, I am convinced that these omissions were not
intentional. Dr. D'Souza respectfully requests permission to
construct an addition to the second floor as per the plans and that
this Board lift the limitation imposed in the 1981 Decision.
2
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CARTER & TOWERS ENGINEERING CORP.
.�uwar�e., �oacu:e�,Laird��
Joseph 0.Caner ,
Professional Engineer 6 FAIRVIEW AVENUE
Registered land Surveyor SWAMPSCOTT. MASS. 01907
Tel. 592.8386
Certified Plot Plan of Land
Salem, -MA
�fl�. 3uasE rz�a�ry ct�rF? For: Dr. . -DeSousa.
Scale: 1"'=3Q' .
Date: October 30 , 1991
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f y'3 r site is located on the lot
o as shown hi Ian.
NIGHIAwa Avg
ge ere Land Surveyor
�}N OF Ivy_
o JOSEPH %
CARTER i;;"
CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING
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CITY CLERK'S OFFICE
SALMI
DECISION ON THE PETITION OF AYRES T. D'SOUZA M.D.
REQUESTING A VARIANCE FOR 72 HIGHLAND AVENUE
A hearing on this Petition was held on August 19, 1981 with
the following Board Members present: Douglas Hopper, Chairman;
Messrs. Hacker, Piemonte, Feeherry, and Associate Member
Martineau. Notices of the hearing were 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 is requesting a variance for the property at
72 Highland Avenue to use the property for a professional office
for the practice of medicine. A variance is required because the
building is in a R-3 district where the proposed use is prohibited
without a variance.
The Board of Appeals, after consideration of the evidence
presented at the public hearing and after viewing the property
makes the following findings of fact:
1. The Petitioner and his colleague Dr. James Higgins are
well known and respected physicians who specialize in
the practice of pediatric medicine in the Salem area.
2. The Petitioner' s practice has outgrown his current
location.
3. The proposed site for Petitioner' s office is a vacant
building which will be substantially improved.
4. Petitioner' s request is supported by neighbors.
5. At least seventeen other medical offices are located
in this general area.
On the basis of the above findings of fact, and the evidence
presented at the public hearing, the Board of Appeals concludes
as follows:
1. The property in question is unique because of its current
state of disrepair and its peculiar location near the
Salem Hospital and surrounding medical offices.
2. The conditions described above especially affect the land
and structure in question but dd not generally affect
the zoning district in which the property is located.
2 -
3. The conditions described above which affect the land
in question, but not the zoning district generally
cause the following special hardship: the property
cannot be properly utilized unless a variance is
granted.
4. The desired variance may be granted without substantial
detriment to the public good.
Therefore, the Board of Zoning Appeals unanimously voted in
favor of granting the requested relief. The Board grants a vari-
ance to the Petitioner on the following terms and conditions:
1. The property may be used for medical offices for no more
than three physicians. However, this limitation is not
intended to prohibit a subsequent request by the Petitioner
to enlarge his practice in the event of a change in cir-
cumstances .
2. The proposed construction at the side of the existing
structure as shown on plans submitted to the Board is
also approved.
3. Parking for seven patients shall be maintained at the
property.
4. All plans shall be approved .by the Building Inspector
and Fire Marshal.
W
N U
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nthony M. F eherrV
CI � w Secretary
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E ,BhER
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK AND THE
PLANNING BOARD.
r
• DATE OF PERMIT PERMIT No. OWNER LOCATION
I AYRES D'SOUZA I 72 HIGHLAND AVE.
STRUCTURE MATERIAL DIMENSIONS No.OFSTORIES No.OFFAMILIES WARD COST
DR'S OFFICE 4
BUILDER
BOARD OF APPEAL - AUGUST 19, 1981 - GRANTED VARIANCE FOR THE PROPERTY TO USE IT FOR A
PROFESSIONAL OFFICE FOR THE PRACTICE OF MEDECINE.
11/16/81 #467 Remodel;partitioning rooms to make room for examining rooms.
1/28/87 1178 add sleeping quarters in Doctor's Office-est. coat $20,000. fee 125.00
II/ I/88 11614-88 Reroof, cost $8,500. fee $20.00 (Owner - Dr. DeSouza)
I1/3/88 11625-88 Renovate to add two small rooms and enclose handicapped ramp
cost $ 15,000. fee $95.00
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CITY OF SALEM
BOARD OF APPEAL
795-9595 Ext. 381 .,
Will hold.a public hearing for all persons inter-
ested in the petition submitted by Dr. Ayres
D'Souza for a Specia Permit for 2nd Boor addition
to a portion of the premises at 72 Highland Ave.
(R-3),and to lift a restriction in the Board of Appeal
decision of August 8,1981.Said hearing to be held
Monday,December 16,1991 at 7:00 P.M.,One Salem
Green, 2nd floor.
RICHARD A. BENCAL, Chairman
December 4, 9, 1991 SN67877
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CITY OF SALEM
BOARD OF APPEAL
745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by Dr. Ayres
D'Souza for a Specie Permit for 2nd floor addition
to a portion of the premises at 72 Highland Ave.
(R-3),and to lift a restriction in the Board of Appeal
decision of August 8,1981.Said hearing to be held
Monday,December 16,1991 at 7:00 P.M.,One Salem
Green, 2nd floor.
RICHARD A. BENCAL, Chairman
December 4, 9, 1991 SN67877
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2 COLUMN
7 COLUMN
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APPEAL CASE NO. . . . . . . . . .. .. . . .. . . . . . . .
T (11i#g of tt1em, ttss cl Tie##s
Foam of Appeal
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . .7Z Xighlaud .Avenue . . . . . . . . . . . . . . . . . . . . . . . . .sStreut; Zoning District.a-3. .
. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�#x#.hexEBasaashwas�t�taaxt��taa�3�te�pc�Gade�
Playas deserabin§� the work proposed, have been submitted to the Inspector of Buildings in
acc4rdanc�_withmSection IX A. 1 of the Zoning Ordinance.
U_ c.:V)
C'_`
r_0
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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:
See Schedule A, Attached.
i
Owner. .4M-7 J . . . . . . .. . . .. . . . . ... . . .
Address. .?4 .4lghlgnd .AN�enup,,. sALeA,. MA. 01970.
c/o John R. Serafini, Sr.
Telephone. . . . . 5:s .744.R,1Z .. . . ... . . . . . . . . ..
Petitioned. Ayres T. D'Souza „ . .
c o John R. Serafini, Sr.
Address. . . 63 Federal. Street
Date. . , November. . . 1991
Salem, MA 01970
Tele one.. 508 744 a21Z,, , , , , , , , , , , , , , , , , , , ,
B ��. .rJ. . . . .. . . . ...
Three copies of the application must be filed with the Secretary of the Board of
,Appeals with a check, for advertising in the amount of. . . S76_51). . . . . . . . . . . . . .. . .
+four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The Petitioner, Dr. Ayers T. D'Souza, was originally granted
a Variance in 1981 for the property he owns at No. 72 Highland
Avenue. Dr. D'Souza has been a practicing pediatrician in Salem
for the past twenty years.
In 1981, because of the requirements of his practice to be
close to Salem Hospital and to North Shore Children' s Hospital, he
requested a Variance from the Board so as to be permitted to use
the building at No. 72 Highland Avenue for professional offices.
At the time of his application, the situation was such that seven
(7) parking spaces were available on the property at No. 72 .
There was an existing house between his property and the property
owned by the mini shopping center.
The Board granted the Variance; but it did include a
limitation on the number of physicians that would be using the
building. At that time the Board was specific in saying that that
limitation was not to indicate that a request for enlargement of
the number of physicians would not be entertained if there were
circumstances that changes from those existing in 1981.
It is believed that one of the concerns was parking. During
the past four years there has been a significant change in
circumstances and conditions effecting the general area. First of
all, with the close of the Lynn downtown hospital and the
transferring of their infant care facilities and births to Salem
Hospital, Dr. D'Souza's practice had to accommodate additional
patients in order to service the communities. A fourth physician
was added, and there are also two part-time physicians who utilize .
offices on a rotating basis in order to adequately serve the
pediatric needs of the area and to provide coverage at North Shore
Childrens' Hospital and Salem Hospital, which is essential in the
early stages of infancy. Because of the rotations, days off and
coverage schedules, there are never more than three physicians
actually seeing patients at No. 72 Highland Avenue at any one time.
The need for utilizing the first floor space for a waiting
room has become more acute. The Petitioner feels that this need
can be accommodated by relocating the records and file cabinets to
the second floor, as shown on the enclosed plans. This will free
up the downstairs space and provide space for the important aspect
of the patients' record-keeping.
In addition to the above change, there have been physical
changes to the area. The house that stood between No. 72 and the
mini shopping center was acquired by the people who own the mini
shopping center, and the space was turned into a parking area for
use by the employees of that center.
1
By arrangement with the owners of the adjacent area, which now
has adequate employee parking, Dr. D'Souza's patients are permitted
to use the general parking area, namely the fourth row from the
front of the shopping center buildings. Since many of the patients
in turn are or will become customers of the shopping center, the
arrangement has worked out well.
Also, the owners of the apartment house complex in back, which
has more than sufficient parking, have issued stickers to Dr.
D'Souza 's employees, so that they park adjacent to the property at
No. 72, but are off-site. These changes have resulted in more than
adequate parking. There have never been any complaints from the
neighbors relative to parking.
It is submitted that all the changes are in accordance with
the conditions of the 1981 Decision of the Board, under which the
specific language, which stated
"However, this limitation is not intended to
prohibit a subsequent request by the
Petitioner to enlarge his practice in the
event of a change in circumstances. "
The Petitioner, in the beginning of these current proceedings,
was not as thorough as he should have been in preparing his
petition; and then, unfortunately, he was not able to be present
in person to explain some of these things to the Board. In
conferring with him, I am convinced that these omissions were not
,intentional. Dr. D'Souza respectfully requests permission to
construct an addition to the second floor as per the plans and that
this Board lift the limitation imposed in the 1981 Decision.
2
APPEAL CASE NO. . . . . . . . . .. .. . . .. . . . . . . .
�T- (9itg of 'Salem' 'fflttssac4usetts
�lIMA
TO THE BOARD OF APPEALS:
The Undersigned represent that he is are the owners of a certain parcel of land located
at NO. . .72 .HighZand .Avenue . . . . . . . . . . . . . .4trout; Zoning District.x.3. .
�ted{�samcic�pameekacFa mcycxesi . . . . . . . . . . . . . . . .
�#XikeX@9ass�sta�ass�tatsX38�L�te��B��Gocle�
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
accordance with Section IX A. 1 of the Zoning Ordinance.
m}
� 2?m
The Application for Permit was denied by the Inspector of Buildings for the following
reasons:
Direct Appeal
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:
See Schedule A, Attached.
Owner. .Axl€� .T, .R:S4vz� . . . . . . .. . . .. . . . . .. . . .
Address. .?4 .A,zenue,>. S.a e.A,. Mei DJ970.
c/o John R. Serafini, Sr.
Telephone. . . . . sQU, 4,oz1,2. .. . . .. . . . . . . . . . ..
Petitioned•. Ayres T. D'Souza
c o John R. Serafini, Sr.
Address. . 63 Federal Street
pate. . . Novemerb26 1991 Salem, MA 01970
Tele one.. 505 744,-oz.V . . . . . . . . . . . . . . .
B /,�.. . . . . . . . . . . .. .
Three copies of the application must be filed with the Secretary of the Board of
4lAppeals with a check, for advertising in the amount of. . . $7h-50. .. . . . . . . . . . . .. . .
ifour weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
SCHEDULE A
The Petitioner, Dr. Ayers T. D'Souza, was originally granted
a Variance in 1981 for the property he owns at No. 72 Highland
Avenue. Dr. D'Souza has been a practicing pediatrician in Salem
for the past twenty years.
In 1981, because of the requirements of his practice to be
close to Salem Hospital and to North Shore Children's Hospital, he
requested a Variance from the Board so as to be permitted to use
the building at No. 72 Highland Avenue for professional offices.
At the time of his application, the situation was such that seven
(7) parking spaces were available on the property at No. 72 .
There was an existing house between his property and the property
owned by the mini shopping center.
The Board granted the Variance; but it did include a
limitation on the number of physicians that would be using the
building. At that time the Board was specific in saying that that
limitation was not to indicate that a request for enlargement of
the number of physicians would not be entertained if there were
circumstances that changes from those existing in 1981.
It is believed that one of the concerns was parking. During
the past four years there has been a significant change in .
circumstances and conditions effecting the general area. First of
all, with the close of the Lynn downtown hospital and the
transferring of their infant care facilities and births to Salem
Hospital, Dr. D'Souza 's practice had to accommodate additional
patients in order to service the communities. A fourth physician
was added, and there are also two part-time physicians who utilize
offices on a rotating basis in order to adequately serve the
pediatric needs of the area and to provide coverage at North Shore
Childrens' Hospital and Salem Hospital, which is essential in the
early stages of infancy. Because of the rotations, days off and
coverage schedules, there are never more than three physicians
actually seeing patients at No. 72 Highland Avenue at any one time.
The need for utilizing the first floor space for a waiting
room has become more acute. The Petitioner feels that this need
can be accommodated by relocating the records and file cabinets to
the second floor, as shown on the enclosed plans. This will free
up the downstairs space and provide space for the important aspect
of the patients' record-keeping.
In addition to the above change, there have been physical
changes to the area. The house that stood between No. 72 and the
mini shopping center was acquired by the people who own the mini
shopping center, and the space was turned into a parking area for
use by the employees of that center.
1
By arrangement with the owners of the adjacent area, which now
has adequate employee parking, Dr. D'Souza's patients are permitted
to use the general parking area, namely the fourth row from the
front of the shopping center buildings. Since many of the patients
in turn are or will become customers of the shopping center, the
arrangement has worked out well.
Also, the owners of the apartment house complex in back, which
has more than sufficient parking, have issued stickers to Dr.
D'Souza' s employees, so that they park adjacent to the property at
No. 72 , but are off-site. These changes have resulted in more than
adequate parking. There have never been any complaints from the
neighbors relative to parking.
It is submitted that all the changes are in accordance with
the conditions of the 1981 Decision of the Board, under which the
specific language, which stated
"However, this limitation is not intended to
prohibit a subsequent request by the
Petitioner to enlarge his practice in the
event of a change in circumstances. "
The Petitioner, in the beginning of these current proceedings,
was not as thorough as he should have been in preparing his
petition; and then, unfortunately, he was not able to be present
in person to explain some of these things to the Board. In
conferring with him, I am convinced that these omissions were not
intentional. Dr. D'Souza respectfully requests permission to
construct an addition to the second floor as per the plans and that
this Board lift the limitation imposed in the 1981 Decision.
2
SCHEDULE A
The Petitioner, Dr. Ayers T. D'Souza, was originally granted
a Variance in 1981 for the property he owns at No. 72 Highland
Avenue. Dr. D'Souza has been a practicing pediatrician in Salem
for the past twenty years.
In 1981, because of the requirements of his practice to be
close to Salem Hospital and to North Shore Children's Hospital, he
requested a Variance from the Board so as to be permitted to use
the building at No. 72 Highland Avenue for professional offices.
At the time of his application, the situation was such that seven
(7) parking spaces were available on the property at No. 72.
There was an existing house between his property and the property
owned by the mini shopping center.
The Board granted the Variance; but it did include a
limitation on the number of physicians that would be using the
building. At that time the• Board was specific in saying that that
limitation was not to indicate that a request for enlargement of
the number of physicians would not be entertained if there were
circumstances that changes from those existing in 1981.
It is believed that one of the concerns was parking. During
the past four years there has been a significant change in
circumstances and conditions effecting the general area. First of
all, with the close of the Lynn downtown hospital and the
transferring of their infant care facilities and births to Salem
Hospital, Dr. D'Souza 's practice had to accommodate additional
patients in order to service the communities. A fourth physician
was added, and there are also two part-time physicians who utilize
offices on a rotating basis in order to adequately serve the
pediatric needs of the area and to provide coverage at North Shore
Childrens' Hospital and Salem Hospital, which is essential in the
early stages of infancy. Because of the rotations, days off and
coverage schedules, there are never more than three physicians
actually seeing patients at No. 72 Highland Avenue at any one time.
The need for utilizing the first floor space for a waiting
room has become more acute. The Petitioner feels that this need
can be accommodated by relocating the records and file cabinets to
the second floor, as shown on the enclosed plans. This will free
up the downstairs space and provide space for the important aspect
of the patients' record-keeping.
In addition to the above change, there have been physical
changes to the area. The house that stood between No. 72 and the
mini shopping center was acquired by the people who own the mini
shopping center, and the space was turned into a parking area for
use by the employees of that center.
1
By arrangement with the owners of the adjacent area, which now
has adequate employee parking, Dr. D'Souza's patients are permitted
to use the general parking area, namely the fourth row from the
front of the shopping center buildings. Since many of the patients
in turn are or will become customers of the shopping center, the
arrangement has worked out well.
Also, the owners of the apartment house complex in back, which
has more than sufficient parking, have issued stickers to Dr.
D'Souza' s employees, so that they park adjacent to the property at
No. 72 , but are off-site. These changes have resulted in more than
adequate parking. There have never been any complaints from the
neighbors relative to parking.
It is submitted that all the changes are in accordance with
the conditions of the 1981 Decision of the Board, under which the ,
specific language, which stated
"However, this limitation is not intended to
prohibit a subsequent request by the
Petitioner to enlarge his practice in the
event of a change in circumstances. "
The Petitioner, in the beginning of these current proceedings,
was not as thorough as he should have been in preparing his
petition; and then, unfortunately, he was not able to be present
in person to explain some of these things to the Board. In
conferring with him, I am convinced that these omissions were not
intentional. Dr. D'Souza respectfully requests permission to
construct an addition to the second floor as per the plans and that
this Board lift the limitation imposed in the 1981 Decision.
2
BOARD OF ASISESStJRS
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