103 HIGHLAND AVENUE - ZBA (2) 103 HIGHLAND AVENUE R-1
THOMAS KATSAPETSES J
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Paurb of rAppenl
DECISION ON THE PETITION OF THOMAS N. KATSAPETSES REQUESTING FORD.:
VARIANCE FOR THE PROPERTY LOCATED AT 103 HIGHLAND AVENUE (R-1)
A hearing on this petition was held on November 13, 1996 with the
following Board Members present: Gary Barrett, Chairman; Paul
Valaskagis, Nina Cohen, Richard Dionne 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 Variance from lot
size and front yard setback to allow construction of a single family
dwelling in this single family district.
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 or structures in the same
district.
b. Literal enforcement of the provisions of the Zoning 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 is a City of Salem mandate by the Salem City Council dated
Oct. 28, 1993 that the backfill be removed and renew the
property to its original grade.
2. In opposition are: Ward 3 Councillor, John Donahue, Ward 4
Councillor, Leonard O'Leary, John Lunt and Stanley Porier.
3. The petitioner failed to demonstrate or to meet the burden of
proof relative to legal hardship.
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. Special conditions do not exist which especially affect the
subject property and not the district in general.
DECISION OF THE PETITION OF THOMAS KATSAPETSES REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 103 HIGHLAND AVENUE
page two
2. Literal enforcement of the provisions of the Zoning Ordinance
would not involve substantial hardship to the petitioner.
3. The-relief requested cannot be granted without substantial ---
detriment to the public good or without nullifying and
substantially derogating from the intent of the district or the
purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted five (5) to (0) , in
opposition to the motion to grant, having failed to garner the
required four affirmative votes to pass, the motion is defeated and
the petition is denied.
VARIANCE DENIED
NOVEMBER 13, 1996
Albert C. Hill, Jr.
Member, 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 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 OR 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 PASSED 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
Permits - Salem
October 22, 1992
Mayor Neil J . Harrington
City of-.Salem
City Hall
Washington Street
Salem, MA 01970
Dear Mayor Harrington :
This is to advise you that a ,nemeber of my staff met with Mr .
John Lunt of 0(o Greenway Road in the City of Salem regarding
drainage problems at his premises. It was explained to Mr . Lunt
that the drainage system beneath Highland Avenue is under the
jurisdiction of the State, however , any problems which occur from
the existing manhole at the bottom of the slope at his property
are under the jurisdiction of the City .
We did concur with Mr . -Lunt that- the State drainage system is
either broken or plugged between the existing catch basin and the
outlet area and this matter would 'be—i_nves_tioated and corrective
W action taken by the State. e also concur that some of
ad` __
ional runoff is a result of the abutting property b ei g
filled . Again this is a matter between Mr . Lunt and the City Y.
As always my staff is; available to meet with you or your-
Representative on this matter .
�QI Very truull,yy yours,
A thany P. lamanca
District ' hway Director
FJH/smc
cc : Mr . Stanley Bigelow elow - Director of Public Works
Representative Michael J. Ruane
Glazebrook
t$y'
Hayden
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