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Legal Notice t
CITY OF SALEM
r BOARD OF APPEAL
13 Will hold a public hearing ior all
nd persons interested in the petition
sub-mitted by CLAUDIA CHUBER seeking
a Special Permit to allow Properly to
at be used for Professional Use
at (McLaughlin Financial Inc)for the
'!h property located at 90 HIGHLAND
i- AVENUE R-3.Said hearing will be held
on WEDNESDAY, MAY 16, 2007 at
6:30 p.m.,3rd floor 120 Washington
! Street.Room 313.
SN 5/2,5/9/07
�~ G0NDI?,t CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL
Z 120 WASHINGTON STREET, 3Rr, FLOOR
` 3 O SALEM, MASSACHUSETTS O1970
Gn TELEPHON -
� E. 9 7
�2Y,y3YE Dp 8 745 9595
FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
J -
July 10, 2007
Decision
Petition of Claudia Chuber and Michael A. McLaughlin Requesting a Special Permit 4r v
the Property at 90 Highland Avenue
City of Salem Zoning Board of Appeals
A public hearing on the above petition was opened on June 20, 2007 pursuant to
Massachusetts General Laws Ch. 40A, §§ 9 and I 1 and the City of Salem Zoning
Ordinance. The following members of the Salem Zoning Board of Appeals ("Zoning
Board of Appeals") were present: Robin Stein (chairperson), Elizabeth Debski, Richard
Dionne and Steve Pinto.
The petitioners, Claudia Chuber and Michael A. McLaughlin ("petitioners"), sought a
special permit to allow professional use of real property located at 90 Highland Avenue,
Salem, located within a multifamily residential (R-3) zoning district.
The Zoning Board of Appeals, after careful consideration of the evidence presented at the
public hearing, and after thorough review of the petition submitted, submits the following
findings of fact:
1. Petitioners property is located within a multifamily residential (R-3) zoning
district.
2. Petitioners currently operate their mortgage company (McLaughlin Financial,
Inc.) on the first floor of the property at 90 Highland Avenue. The upper level of
90 Highland Avenue consists of two residential dwelling units that the petitioners
lease.
3. Prior to the purchase of 90 Highland Avenue b
g y the petitioners, the property was
used as a single-family dwelling and immediately prior to that the property was
used as medical offices.
4. Petitioners are seeking a special permit to allow for professional use at 90
Highland Avenue that is not limited to medical use.
5. Petitioners property has 6 parking spaces within the property lines, as well as,
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I 1 parking spaces in front.
6. Petitioners property abuts other commercial properties.
7. Ms. Stein read two letters into the record in support of the petition. The letters
were from Ralph Sweetland of Salem Orthopedics and Anne Stephenson of
Stephenson & Brook.
8. A previously granted special permit allows the property to be used for medical
offices.
On the basis of the above findings of fact, including all evidence presented at the public
hearing, including, but not limited to the petition, the Zoning Board of Appeals concludes
as follows:
I. The petitioners' request for a special permit does not constitute substantial
detriment to the public good as the first floor at 90 Highland Avenue was
previously used for medical offices. Nor does the relief nullify or
substantially derogate from the intent or purpose of the zoning ordinance,
as other commercial buildings abut the petitioner's property.
2. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
In consideration of the above, four(4) members (Stein, Debski, Dionne and Pinto) of the
Salem Zoning Board of Appeals voted to grant the petitioners' request for a special
permit, and zero (0) members voted to deny the petitioners' request for a special permit,
subject to the following terms, conditions, and safeguards:
I. Petitioners 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
and approved by the Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire
safety shall be strictly adhered to.
4. Petitioners shall obtain a building permit regarding any construction.
5. Exterior finishes of any new construction shall be in harmony with the
existing structure.
6. A certificate of occupancy shall be obtained.
7. If necessary, petitioners shall obtain proper street numbering from the City
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of Salem Assessor's Office and shall display said number as to be visible
from the street.
8. Petitioners are to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to the Planning Board.
9. The first floor of 90 Highland Avenue shall be limited to professional
office use and the second floor shall be limited to residential use.
ti
Robin Stein /0
Salem Zoning Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts
General Laws Chapter 40A, and shall be filed within 20 days of filing of this decision in the
office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing
the certificate 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 and 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.
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Sig of �tlent, � �s�rz��{usp# � c
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Poarb 111 a ~
Mir
WILLIAM F, ABOOTT ~
f: Ln
JAMES R. BouLCEN p;:;!;TC ;'�\' ON P17TTTTo N a t•
.osERH F. ouYLE OF SALEM HOSPIT:1L TO 000i7� z+ U
JOHN M. GRAY. SR. PREMTSI?S AT 90 HIGHLAND AVENUE FOR PROFESSIONAL n z
ARTHUR LA9fl E[pVE 0Fj FT n:FS
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On dirort appeal to the ilOnT'd of Appeals , the Salem hospital. petitioned the
Poard to vary. t:he t;ormsof the City 7onin,? Ordinance to permit occupancy of
tl:e nremi.ses at 90 Hi;�hi.and Avenue by physicians and stir,-cons serving on
the Hospital staff.
Pursuant to notices of hearings mailed postpaid to the Peti. toner, its attor-
nevs, abutters , Boar d memhers , and others, and advertisements published in
the Salem Evening News , a heari.n? was held on this appeal in the Council
!'hamher in City Hall , on Febrrnnry 22, 1971 .
Board Members present included Mr. .Abbott , Mr. Boulger, Mr. Gray, Mr. Labrec•
Tie , and Mr. Tanch; unable to attend were Mr. Doyle and Mr. Welch.
At the hearing, evidence was introduced by the Petitioner ' to the effect that
the horse on the land in question is presently a residence located in an R- 3
*Ine ; the Petitioner wished. to obtain a variance for a chin,-e of use in or-
r to permit the hui.lding on said premises to be occupier) by physicians of
e Salem Hospital staff as professional offices, for the. 'nurposes of consult
i.ng with and examini.nf, patients ; it was emphasized that the premises in ques-
tion, directly across the street from the Hospital , won.lrlbe an ideal .loca-
tion for the benefit of the doctors and patients who may T"egnire rise of its
facilities, and would benefit the Hospital if the professional services of
the doctors were available on immediate notice , and such a' facility might
attract, new specialists to the community; it was further noted that the lot ,
area is sufficient to provide ample parking spaces.
The Petitioner further presented evidence that the adjacent area includes a
next door building occupied as doctors , offices; a buildiri;; in the rear is
A manufacturing plant , and directly across Colby Street an automobile ser-
vice station is being operated, thus making the immediate !nrea nonresid
in nature , enti.al
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No one appeared in opposition.
I
The Board considered carefully all of the evidence
presented in this case
and found that the structure is located in a multi-resi.den'tial area which)
does in fact have many professional offices and commercial'. activities , and
such occupancy as requested would not be detrimental to thle neighborhood
and would not substantially derogate from the intent and purpose of the
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was of the opinion that to grant this appeal would
welfare and safety of the general public in provi.dint-
ensy accessibility to the services of skilled physicians Ic.,cated in close
proXimit.' to the Hospital facilities , and for these reasons voted unani-
mousl.y to ,-rant the variance as requested , to allow said premises to be
rased as professionaloffices by physicians serving on the staff of the
Snlem Hospital .
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APPEAL GRANTED. � HOARD OF APPEALS
APPEALS
BY
WILLIAM ;,F. ABBOTT,
(Acting) Secretary
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City of Salem
Board of Appeal
120 Washington Street, 3`d floor
Salem, MA 01970
May 14, 2007
To the Board of Appeal:
I hereby state that I have seen the application for a special permit for a
nonconforming use of the structure located at 90 Highland Avenue in Salem, MA
and I have no objections to said application.
I understand that the owners, Claudia Chuber and Michael McLaughlin, are
requesting a Special Permit to allow for Professional Use. Currently the property
has a variance from 1971 "to use premises for professional offices by physicians
serving on staff of the Salem Hospital."
I further understand that the current application would extend the use to
Professional Use in general.
Sincerely,
Signed:
Print Name: °
Company:
(if applicable) r
Address: co/S, S� 5d4w
Phone Number: j tr 7 � '—p Y
City of Salem
Board of Appeal
120 Washington Street, 3rd floor
Salem, MA 01970
May 14, 2007
To the Board of Appeal:
I hereby state that I have seen the application for a special permit for a
nonconforming use of the structure located at 90 Highland Avenue in Salem, MA
and I have no objections to said application.
I understand that the owners, Claudia Chuber and Michael McLaughlin, are
requesting a Special Permit to allow for Professional Use. Currently the property
has a variance from 1971 "to use premises for professional offices by physicians
serving on staff of the Salem Hospital."
I further understand that the current application would extend the use to
Professional Use in general.
Sincerely,
Signed: /
Print Name: S COYIS
Company:
(if applicable) 54i!pfa ism y �&Oo :k
Address: P( 91A.L t ict�V[�
Phone Number: 91.9 - - 6 gG 2