111 HIGHLAND AVENUE - ZBA (5) 111 Highland AVe. R-1
Edward Zarohian - owner _
Steven & Liza Mullins - petitioners
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DECISION ON THE PETITION OF EDWARD ZAROHIAN FOR A VARZAWCE WASS
AND SPECIAL PERMIT FOR 111 HIGHLAND AVE.
A hearing on this petition was held January 21 , 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Fleming,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.
The petitioner is requesting a Variance to encroach on side yard setbacks and
a Special Permit to extend nonconforming use in this R-1 district.
The provision of the Salem Zoning Ordinance which is applicable to this reoues:
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Boar:
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 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 Variance which has been requested may be granted upon a finding of the Boarc
that:
a. special conditions and circumstances exist whist especially affect
the land, building or structure involved and w::;ch are not generally
affect ether lands, buildings or structures ir. :se same district;
b. literal enforcement of the provisions of the Zoning Ordinance would in o!N
substantial hardship, financial or otherwise, to the petitioner;
3. 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, makes the following findings of fact:
1 . There was major neighborhood opposition;
2. It was determined that the project in its current plan would be
detrimental to neighboring property values;
3. Petitioner failed to meet his burdon of proof with regards to
hardship.
DECISION 01; THE PETITION OF EDWARD ZAROHIAN FOR A VARIANCE AND
SPECIAL PERMIT FOR 111 HIGHLAND AVE. , SALEM
page two
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 proposed plan would not be in harmony with the district and would not
promote the health, safety, convenience and welfare of the City's
inhabitants;
2. Special conditions do not exist which especially affect the subject
property and not the district generally;
3. Literal enforcement of the provisions of the Ordinance would not involve
substantial hardship to the petitioner;
4. The relief requested cannot be granted without substantial detriment to
the public good or without nullifying or substantially derogating from the
intent of the district and the purpose of Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, against granting
the requested Variance and Special Permit.
. DENIED
F
Games B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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DECISION ON THE PETITION OF STEVEN & LISA MULLINS (PETITIONE"RS)
FOR'AN ADMINISTRATIVE-RULING AT'111 HIGHLAND AVENUE (R-1)TYcL ri alwP. gg :
EDWARD ZAROHIAN (OWNER)
A hearing on this petition was held November 15, 1989 with the following Board'
Members present: James Fleming, Chairman; John Nutting, Richard Febonio,.Edward
Luzinski and Associate Member Arthur LaBrecque. Notice of the heari%.was-.seat':
to abutters and others and notices of the hearing were properly published my
the Salem Evening News in accordance with Massachusetts General Laws Chapter-40A._
Petitioners are requesting an Administrative Ruling in accordance with=6&ttloW.. --..
IX' of the Zoning Ordinance and MGL 40A. Section 7 relative to use of-t .•r
remises and enforcement of Sections V-B (2) and VIII-E(6) of the Zonin ��-'°
Ordinance with respect to said premises.
More specifically, the petitioners request the Board of Appeal to ordeirrihe,-
Inspector of Buildings to enforce the Zoning Ordinance by prohibiting-the-
continued unauthorized use of thesite as a used car lot.
After hearing the evidence the Board of Appeal makes the following findings :`
of fact: a
Al--
1 . The use of the property as a gas station has been abandoned for over
two years. -
2. Permission of operate a used car lot has not been sought from the,t,:- -
Board of Appeal .
3. The current use is not permitted in an R-1 Zone.
Therefore, based on the above findings of fact and on evidence presented;-the-
Zoning Board of Appeal voted unanimously, 5-0, in favor of the petitioners
request for an Administrative Ruling and to direct the Inspector of Buildings
to enforce provisions of the Salem Zoning Ordinance.
Edward Luzinski , Amber, 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 at
the Mass. General Laws, chapter 808.and shall be filed within 20 day!
after the date of filing of this decision in the office of the City Clerk. -
Pursuant to Mass. General Laws, Chzpter 808, section 11,the Varlana
or!Pecial Permit granted herein shall not take effect until a copy of 1ha
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 bean -r.
filed,that it has been dismissed or denied is recorded in the Southwner Of record rd as
Registry of Deeds and Indexed under the name or
the o
is recorded and noted M the owner's Certificate of Title. _
T.— .Y.,.;,..�...
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