116 HIGHLAND AVENUE - ZBA 116 Highland Ave. R-1
\ Stuart & Imy Gould
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DECISION ON THE PETITION OF STUART AND IMY GOULD FOR A
SPECIAL PERMIT AT 116 HIGHLAND AVENUE (R-1 )
A hearing on this petition was held June 6, 1990 with the following Board
Members present: Richard A. Bencal , Chairman; Edward Luzinski , Vice Chairman;
Joseph Correnti , Secretary, Richard Febonio and Mary Jane Stirgwolt. 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.
Petitioners, owners of the property, are requesting a Special Permit to allow
existing building to be expanded by five feet to the east. Property is 'located
in an R-1 zone.
The provision of the Salem Zoning Ordiance with is applicable to this request
for a Special Permit is Section V B 10, which provides 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 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 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 . No parking spaces would be deleted by the plan.
2. Support and opposition was in both voice and letter form.
3. The Salem Zoning Ordinance allows private clinics within 1 ,500 feet
of Salem Hospital and the locus is within this distance.
4. The addition would be for expanded space in existing offices and would
not add any more offices.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The expansion and enlargement of this structure is not more detrimental
to the public good than the present structure.
DECISION ON THE PETITION OF STUART AND IMY GOULD FOR A SPECIAL
PERMIT AT 116 HIGHLAND AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted 4-1 (Mr. Febonio in opposition) to
grant the Special Permit requested, subject to the following conditions:
1 . All construction be done as per existing city and state building codes.
2. All construction be done as per the plans and dimension submitted.
3. All exterior finishes are to be in harmony with the existing
exterior finishes.
4. A legal building permit be obtained.
5. A Certificate of Occupancy for the new addition be obtained.
6. Petitioner comply with all requirements of the Salem Fire Department
relative to smoke and fire safety.
7. No change in the number of parking spaces on the site shall be made.
8. No additional rooms are to be added by this construction.
SPECIAL PERMIT GRANTED
0
Richard A. Bencal , Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
C= Appeal from this decision,If any, shall be made plRsuant to Section 17 of
m the Mass.General Laws, Chapter 808, and shall be filed within 20 days
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 Variance
Ln - or a*necial Permit granted herein shall not take effect until a copy of the
OM decision, bearing the certification of the City Clerk that 20 days have
elapsed ane no appeal has been filed, or that, if such appeal has been
filed,that it has been dismisseo or denied is recorded in the South Essex
N - Registry of Deeds and indexed under the name or the owner of record or
N
is recorded and noted on the owner's Certificate of Title.
u, _ BOARD OF APPFFALI
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DECISION ON THE PETIT
�~� y ^� .` , ���'vv~/ "
FOR �� VARIANCE�AT
A HEARING ON THIG PEI ITICIN @AS HELD
� WITH THE FOLLOuING 9OARD MEMBE�S PRESE 11 aaaw�
KNT
.�nTI[�E OF THE HEARING WAS SENT TG, ABUTTERS AND OTHFRS, AND
NOT]�CES WERE PROPERLY PUBLISHED IN THE SALFM FVENING NEWS TN
ACCORDANCE WITH MASSAC"HUSETTS GENEnAL LAWC, CHAPTFR 4OA^
PETITIONER IS REQi/ESTING lip VARIANCEsFROM ^
�
TD/CONSTRUCT"��
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y
Im lHIs Z[3VE.
THE VARIANCE WHICH HAS BEEN REQyFSTED MAY BE UPON
� A FIrNIDIN6 BY THIS BOARD THAT:
�
1 " SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH
�
FIS,PE.CIALLY AFFECT THE LAND --- F RF: INVOLVED
�
AND WHICH AnE NOT C.ENERALLY AFFECTINC THER LAND, G�ILDINGP
�
AND STRUCTURES 7N TeE DISTRICT,
2.1 ITERA1 E%FORCEMEmT n THE PFe.OVISI[iNS F F THE ZgNING
ORDINANCE jOULD INVOLVE SUeSTANTIAL HARnSHIP, FINANCIAL DR
nTHERWISE. TO THE PETITI FINE�:
3. DESIRABLE RELIEF w4Y 9E GR0NTED WITHOUT SUBST4NTIAL
DETRIMENT TO FHE PUBLIC 30 AND WITHOUT NyLLIFYIN� [}R
SiIBSTIANL
TIAi Y DFRO.-JATING FROM THE INTENT LF �R
THE PURPOSE OF THE ORDINAN[�E^
THE 9gARD OF APPEAL 4FTER CARFFUL �DNSIVER4TIO�� �F THF
� ,
� EVIDENl"F PRESENTED AT THE MAKES THE FCLLOWING
FIN�INR� gF r-0CT
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ON THE BASIS OF THE! ABOVE FINDINGS OF FACT AND ON THE
EVIDENCE PRESENTED AT THE HEARINS, THE BOARD OF APPEAi
CONCLUDES AS FOLLOWS ;�
1 . SPECIAL CONDITIONS EXIST WHICH ESPECIALLY AFFECT THE
SUBJECT PROPERTY BUT NOT THE DISTRICT IN GENERAL�
2. LITERAL ENFORCEMENT OF THE PROVISIONS OF THE ZONIN(-:i
ORDINANCE WOULD INVOLVE SUBSTANTIAL HARDSHIP 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
121
DEC7SION ON THE PETITION OF
NA/D- U3 FnR ��
A PFCIAL PERMIT AT /�,
| , ^
A hearing on this petition "as held on
�ith the following Bonrd Members present
Notire of the hearing was sent to atmAters and others and
nntices were p erly 9ublished in the '&elem Evening Newsi n
acr"rdance with Gieneral Laws Chj.kp+er 4u A.
_
Petitioners, are requesting a G�pecial Fermit in order tr
/
The rf tile. Salem Zoning Ordinance which is
applicable io this request for a Special Permit is Section V
B 10, which provides as frllrws:
^
Notwithstan�ing anything. to the contrary elpbearing
in this Ordinance, the Boar-rd of A7pe=l may, in
accordance with the procedure and conditions se+
forth in Section VIII F and IX D, grant Special
Permits for alterations and reconstruction of
nrnconfcm,ming sLructures, and fnr C i anges,
en�argement , extention or expansion of
noncrnfrrmin� l�ts, land , structures , and uses,
pruvic:led , however , that such change, extension ,
enlargement cmr not be s�bstantially
more detri�mental than the. existina n/�nccnforming use
fr the neighborho�d '
In more general terms" this Boars is, when reviGRwina
Special Permit requests, quided by the rule that *
Special Permit reuest may be granted �..Apon a fJ "ding hy the
Board that th(.�j grant rf the Sp)ecial Permit will promote the
pv�lir heelth , safety, convenienceand welfare of the City/s
� inhabitants.
The Board of Appea.1 , after consideration of the evidence
presented at the public hearin� , makes the fcllowing
findings (::)f fart :
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L.he ba,.J. E. of j:�bave f i ndd r--q of -facTL ., and on the.,
ev�i. d.P.MCE I C G?d I a t. I:h e hi e'a r i r Q Boardf C:)Y,: Appeal
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t.Fie Bo.zArd oi: Appkpal voted b" the
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ROBERT D.ARCHITECT
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Phone 774-44 0399
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