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{ILLEGAL NOTICE=.LEGAL NOTICE
City of Salem
1 Zoning Board of Appeals
978-619.5685
Will hold a public hearing for all persons
interested in the petition submitted by EMAD S.
YOUNAN,M.D.seeking a Special Permit pursuant
to Sections 5-30)and 9-4(b)of the Salem Zoning
Ordinance in order to change one nonconforming
use(adjunct to a dermatological clinic)to another
nonconforming use (physician's office), for the
property at 111 HIGHLAND AVENUE,Salem,MA,
in the Residential One-Family Zoning District (R-
1)
Said hearing will be held on Wednesday, May
20, 2009 at 6:30 p.m., 3rd floor, 120 WASHING-
TON STREET,ROOM 313,
Rob Stein
Chair.
SN—5/6,5/13/09
r
oeutaA� CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
� ro
120 WASHINGTON STREET, 3RD FLOOR
( Q SALEM, MASSACHUSETTS 01 970
TELEPHONE: 978-745-9595
"4�n11NE�� FAX: 978-740-9846 pnp I p
KIMBERLEY DRISCOLL 2009 AN —U pp P 1: 38
MAYOR
FiiE ;r
CITY CLEF;;'
June 8, 2009
Decision
City of Salem Zoning Board of Appeals
Petition of EMAD S. YOUNAN, M.D., requesting a Special Permit to
change a currently nonconforming use (adjunct to a dermatological
clinic) to another nonconforming use (physician's office) for the
structure on the property located at 111 HIGHLAND AVENUE, Salem,
MA in the Residential One-Family (R-1) Zoning District.
A public hearing on the above Petition was opened and closed on May 21, 2009 pursuant
to Mass General Law Ch. 40A, § 11. The following Zoning Board of Appeals members
were present: Robin Stein(Chair), Rebecca Curran, Richard Dionne, and Beth Debski,
and Jimmy Tsitsinos (alternate).
Petitioner seeks a Special Permit pursuant to Section 5-30) of the City of Salem Zoning
Ordinances.
Statements of fact:
1. The owner of the property is Hans Von Weiss. The petitioner, Emad S. Younan,
M.D., is under agreement to purchase the property.
2. Attorney George Atkins represented the petitioner, at the hearing. Mr. Von Weiss
was also in attendance.
3. The property at 111 Highland Avenue is currently an adjunct to a dermatological
clinic, a nonconforming use in the Residential One-Family district.
4. In a petition dated April 24, 2009, the applicant requested a Special Permit to
change one nonconforming use (adjunct to a dermatological clinic) to another
(physician's office).
2
5. The petitioner stated in his application that improvements to the structure and
landscaping are planned. No proposed exterior alterations were submitted to the
Board that required zoning relief.
6. Several members of the public spoke in favor of the petition, stating that they had
had concerns relating to traffic and landscaping,but that after meeting with the
petitioner, they were satisfied with solutions the petitioner agreed to.
The Board of Appeal, after careful consideration of the evidence presented at the public
hearing, and after thorough review of the plans and petition submitted, makes the
following findings:
1. The petitioner's request for a special permit does not constitute substantial
detriment to the public good, as the changes proposed would result in
significant improvements to the property at 111 Highland Avenue;
2. The requested relief does not nullify or substantially derogate from the
intent or purpose of the zoning ordinance;
3. In permitting such change, the Zoning Board of Appeals requires certain
appropriate conditions and safeguards as noted below.
On the basis of the above findings of fact and all evidence presented at the public hearing
including, but not limited to, the Plans, Documents and testimony, the Zoning Board of
Appeals concludes:
1. A Special Permit is granted to allow the change from one nonconforming use
(adjunct to a dermatological clinic)to another (physician's office).
In consideration of the above, the Salem Board of Appeals voted, five (5) in favor(Stein,
Curran, Dionne, Debski and Tsitsinos) and none(0) opposed, to grant petitioner's
requests for a Special Permit subject to the following terms, conditions, and
safeguards:
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 to 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. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy is to be obtained.
3
6. Petitioner will install "No Left Turn" and "No Entry" signage at the Wilson Street
driveway and curbing as shown on the plans submitted.
7. Petitioner shall plant six (6)-foot shrubbery as per the plan submitted, prior to
issuance of a Certificate of Occupancy.
8. Petitioner shall submit plan showing snow removal and storage areas to the
Building Inspector prior to issuance of a building permit.
A-z-&� �"
Robin Stein, Chair
Salem Zoning Board of Appeals
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 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 the 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 has
been filed with the Essex South Registry of Deeds.
ZONING BOARD OF APPEAL
_..- PETITION FORM
gapjpjT CITY OF SALEM, MASSACHUSETTS
ZONING BOARD OF APPEAL
120 WASHINGTON STEET,3RD FLOOR ,
SALEM,NIASSACHUSETTS 01970 i
,
Amy Lash,Staff Planner Thomas St Pierre,Building Inspector _ tJ
MMB 1.978-619-5685/f.978-740-0404 t 978-619-5641/f. 978-740-9846 1=
y
TO THE BOARD OF APPEAL: cg
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: `n
co
Address: 111 Highland Avenue Zoning District: R-1
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build, the dimensions, the zone property is in, and the zoning requirements. Example:
I am proposing to construct a /O'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning
DWrict. The Zoning Ordinance requires the minimum depth of the rear yard to be 30feet. The current depth of my
rear yard is 31 feet;the proposed addition would reduce the depth ofthe rear yard to 22 feet.
Request for a Special Permit to change an existing nonconforming use as
an adjunct to an abutting dermatological clinic to use as a physician's
office.
For this reason I am requesting:
( ) Variance(s)from provisions of Section _ of the Zoning Ordinance,specifically from
(i.e.minimum depth ofrearyard).
What is allowed is (ft?sq ft?stories? W), and what 1
am proposing is qq 99 ) (ft?sq ft?stories?W).
(x)A Special Permit under Section 5—g(j) o the Zoning 8rdinance in order to change a
nonconforming use
( )Appeal of the Decision of the Building Inspector(described below):
The Current Use of the Property Is: Are the lot dimensions included on the plan?
(exaniple: NoFamily Home) Adjunct to abuttingx)Yes ( )Non/abecause
dermatological clinic
The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
ZONING BOARD OF APPEAL
The following written statement has been submitted with this application: PETITION FORM
( )For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district;
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant; and
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.
(+)For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V,
§5-3. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal;
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character;and
f) Potential fiscal impact,including impact on City tax base and employment.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his
representative.
/fdiffferent than petitioner:
Petitioner: Emad S.Younan, M.D. Property Owner: HVW, LLC
Address: 25 Centennial Dr, Peabody Address: 107 Highland Avenue, Salem
Telephone: 978-532-26 Tel ne: 978-744-3223
Signature ( ignature(Attached consent 166e �i o a ptable)
Date ` Date
If different than petitioner:
A TRUE Representative: George W.Atkins, III
ATTEST
Address: 59 Federal St, Salem
Telep e: 978-7 0350
CSig"tife
Date
DATE SUBMITTED TO
BOARD OF APPEALS:
CITY CLERK
This original application must be filed with the City Clerk.
SPECIAL PERMIT STATEMENT
A previous decision of the Board of Appeal, attached as Exhibit A, allowed a change of
use from an existing used car lot and garage to an "adjunct to ... a dermatological clinic...
located next door at 107 Highland Avenue."
The petitioner is requesting a change from the use described in the prior decision to use
as a physician's office. The petitioner is a medical doctor with a specialty in pain management.
The office will be for one(1) physician and two (2) employees and will be open on customary
days and hours. Sufficient parking in accordance with the Zoning Ordinance will be provided on
site. The existing nonconforming building on the nonconforming lot will be altered by a small
addition of 354 s.ft to the rear of the building and 66 s.f.t at the front entry, but will remain
within the setback distances provided by the Zoning Ordinance. The exterior of the building will
be substantially improved in appearance and the grounds will be improved in appearance with
landscaping all as indicated in the elevation and site plans.
The social and economic needs of the community will be served by the petitioner's
medical practice and the tax base of the City will be improved along with the substantial
improvement to the building. The existing building is served by pubic utilities and drainage and
the change of use will not impact the natural environment. On site parking is sufficient for the
use and the traffic flow will safely enter and exit by existing curb cuts on Highland Avenue and
Willson Road. The neighborhood character will be substantially improved by the use and the
improvements to the building and grounds.
The requested change of use is not more detrimental to the neighborhood as required by
Section 5-36)of the Zoning Ordinance and will not be increased in volume or area unreasonable
as required by Section 9-4(b).
CITY OF SALEM, MASSACHUSETTSCIT,,, OF QALEM MA
BOARD OF APPEAL CLERK'S OFFICE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-743-9596 1005 MAR 29 A a' 33
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF MANUEL BERROA dt HANS VON WEISS
REQUESTING A SPECIAL PERMIT FOR THE PROERTY LOCATED AT 111
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 111
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 111 Highland Ave. In zoning temps the property is an
existing non-conforming use;until recently, Mr. Berma 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 fi+ontage
(approximately 48.5 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. Bemand 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 dt HANS VON WEISS
REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 111
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
and0 ionssition to grant the Special Permit requested, subject to the following
conI. 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 // ✓J� �G
March 16, 2005 Nina Cohen, Chairman CcS C n—\
\
Board of Appeal
TWO SIGNS ANALYSIS OF LOT COVERAGE:
IS'-Q 22 n-, 22'- SHOWING NO
m LEFT TURN LOT SIZE: 8.800 SF.
6' HIGH'hEDGE SHRUBS IN BUR ER ZONE w ALLOWED Lor COVERAGE
BY ALL BUILDINGS: 30%
THEREFORE ALLOWED
T :::
uR's w TOTAL BUILDING AREA
IS: 8,800 SF x 30% = 2.640 SF.
PROPOSED ADDITION TWO SIGNS EXISTING BUILDING AREA: 1,065.78 S .
SHOWING
0 "^` (HATCHED AREA) NO ENTRY PROPOSED BUILDING
w r-9, IS'-s' 1 I U/1
Z -o ,�_� s °` O ADDITION AREA:
O
tu'. . . z-iR� s• 1:'-ne USABLE AREA: 354.46 SF.
R R SET ACK LINE
PORCH AREA 66.35 SF.
°AR' 1 TOTAL PROPOSED
_o �oo BUILDING ADDITION 420.81 SF.
m - T o
o a
Z < TOTAL PROPOSED
BUILDING AREA AFTER
m - ADDITION:
m.
Aow9._R+Ma _ 1,065.78 SF. + 420.81 =1.486.59 SF
_ eas
N ' TOTAL PROPOSED BUILDING
w `°"' - "�-" $ AREA OF 1.486.59 SF. PROVIDES
O 16.89 % OF LOT COVERAGE.
_ . . .
O
= .
zREOUIRED CAR PARKING IS 4,
0
_ - PROPOSED ADDITION N NUMBER OF CAR PARKING PROVIDED
1, S 9.
`� _ HATCHED AREA) Z ;E
J
n Y
N0. I REVISIONS I DATE
G PROJECT LOCAPON:
m 111 HIGHLAND AVE., SALEM, MA
"° w " FRt T SET ACK LINE PROJECT BILE:
� PHYSICIAN'S OMCE r
SHEET TIRE:
n
- - SITE PLAN
DRAWN. N.M. DATE: 04/22/09
An
CHECKED: N.M. SCALE: t 8"- 1'-0'
DRAYnNG NO.5'- 6'-0• 19'-0' 3]'-V 19-T ,.-R. A-1
HIGHLAND AVE.
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 filing of this decision
in the office of the City Cleric. 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.
ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE
Date: S� �� g Robin Stein (Chair) A
�t�� Rebecca Curran
Petitioner: ��l \ Ue Elizabeth Debski
Annie Harris
Address: Richard Dionne
Bonnie Belair(Alternate) 4-
Total:
Conditions:
IJ Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
3 LJ All construction shall be done as per the plans and dimensions submitted to and approved by the Building
� Commissioner.
[ByAll requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
❑✓ Petitioner shall obtain a building permit prior to beginning any construction.
❑Exterior finishes of the new construction shall be in harmony with the existing structure.
12'A Certificate of Occupancy is to be obtained.
❑ A Certificate of Inspection is to be obtained.
❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not
limited to, the Planning Board.
❑ Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an
extent of more than fifty percent(50%) of its floor area or more than fifty percent(50%)of its replacement
cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty
percent (50%) of its replacement cost or more than fifty percent(50%)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
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❑
f
Form A — Decision
111 Highland Avenue/1 Willson Road
Attorney George Atkins
59 Federal Street
Salem, MA 01970
Dear Attorney Atkins:
The Salem Planning Board voted on September 4, 2008 to endorse "Approval Under Subdivision
Control Law Not Required" on the following described plan.
1. Applicant: HV W, LLC, 107 Highland Avenue, Salem, MA
2. Location: 111 Highland Avenue (Commercial Building) and 1 Willson Road
(Residential Building) Assessor's Map 14, Lot 199.
3. Project Description:
The land contains two buildings which were standing when the Subdivision Control Law
went into effect. This Form A divides the land into two lots, Lot A, consisting of 8,808
square feet, on which the commercial building will remain standing, and Lot B, consisting of
4,400 square feet, on which the residential building will remain standing.
Sincerely,
Charles Puleo
Chairman
Cc:
Cheryl LaPointe, City Clerk