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111 HIGHLAND AVENUE - ZBA (2) HIGHLAND A4t�DE - - 1 CINJ - -� We_,_-, Legal Notice (' CfiY OF SALEM BOARD OF APPEAL ' 978.745-9595,Ext.381 `ato Will hold a public hearing for all persons interested in the petition sub- mitted by MANUEL BERROA&HAN VON WEISS requesting a Special Per- �ota- milt per Section 6-5 Salem Zoning Ordi- nance to alter an existing non-con- on forming use to another non-con- rice. forming use dimensional for the feat- property located at 111 Highland I Avenue R-1.Said hearing will be held', ; ns. on Wednesday, December 15,2004, tzza, 6:30 p.m., 120 Washington Street, 'and 3rd floor,Room 313. Nina Cohen,Chairman Mato (1211,6) 1 r A _ CITY OF SALEM, MASSACHUSETTSCly OF- SALEM MA BOARD OF APPEAL CLERK'S CFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM• MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 2005 MAR 29 A IU• 33 MAYOR FAX: 978-740-9846 DECISION OF THE PETITION OF MANUEL BERROA&HANS VON WEISS REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT I I I HIGHLAND AVENUE R-1 A hearing on this petition was held on March 16,2005 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne,Nicholas Helides,Bonnie Belier and Edward Moriarty. 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 request a Special Permit per Section 8-5 to alter an existing non-conforming use to another non-conforming use for the property located at 111 Highland Avenue located in an R-1 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3 (2)(8)which provide 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 for the City's inhabitants. 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. DECISION OF THE PETITION OF MANUEL BERROA&HANS VON WEISS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT I I I HIGHLAND AVENUE R-1 page two The Board of Appeal,after careful consideration of the evidence presented, and after viewing the plans,makes the following findings of facts: 1. Petitioner Berroa is the owner and petitioner. He was represented by Attorney Joseph M. Sano,Esq.of Lynn. Dr. Von Weiss is the prospective buyer of a mixed use property at I I I Highland Ave. In zoning terms the property is an existing non-conforming use;until recently, Mr. Berroa operated a used car sales business on a portion of the site and used the other portion for a residence. The property is non-conforming as to lot size(consisting of 13, 100 sf)and frontage (approximately 49.5 ft.), and also violates the ordinance as to the number of principal uses on one lot. 2. Dr.Von Weiss,who was represented by Attorney George Atkins, stated that he sought permission to end the use as a car lot,and instead to employ the existing buildings as an adjunct to his existing business as a dermatological clinic offering skin care. His existing business, located since 1972 next door at 107 Highland Avenue, will expand into the new space,and he will employ no more than 4 full time doctors at both clinics. 3. No changes in the footprint of the existing building will be required, although the existing business will be fixed up a bit to house the clinic.No changes are contemplated to the residential use either,which will continue to be rented to tenants.Dr. Von Weiss undertook to add landscaping along the border between the clinic and the residence,to improve the look of the residence and make it more in keeping with the residential section along Willson Road. 4. Mr.Roger Hastings of 3 Willson Road endorsed the plan,provided that the petitioner does make efforts to improve the look of the residence,which he said recently had been somewhat neglected. Another neighbor,Mr. Bernand Caron of 108 Highland Avenue, spoke in support of the Special Permit, saying that Dr. Von Weiss has been a good neighbor. Mr. Jean Pelletier, Ward Councillor for Ward 3, also supported petitioner's request. On the basis of the above findings of fact, and on the evidence presented at the hearing,the Board of Appeal concludes as follows: DECISION OF THE PETITION OF MANUEL BERROA&HANS VON WEISS REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT I I I HIGHLAND AVENUE R-1 page three 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. 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. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health,safety, convenience and welfare of the City's inhabitants. 4. Special conditions exist which especially affect the subject property,but not the district in general. On the basis of the above findings of fact,the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Special Permit requested, subject to the following conditions. 1. Petitioner shall comply with all city and state statues,code ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. Petitioner shall obtain a Certificate of Occupancy. 5. Petitioner shall have no more than 4 full time employees. 6. Petitioner shall install landscaping to separate the clinic use and residential use. 7. Petitioner shall comply with the parking plan submitted and dated February 1, 2005. Special Permit Granted March 16,2005 Nina Cohen,Chairman Cs 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 MGL Chapter 40A,and shall be filed within 20 days after the date of Sling 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 the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed,that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner or record or is recorded and noted on the owner's Certificate of Title.