128 HIGHLAND AVENUE - ZBA MOW, 1
128 Highland Ave. R-1
d Robert Alexander (Pet)
G & B Stillman (owners)
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CITY GLERR.SALEM. MASE,
DECISION ON THE PETITION OF ROBERT P. ALEXANDER ( PETITIONER) , GERALD
AND BRENDA STILLMAN (OWNERS) FOR A SPECIAL PERMIT AT 128 HIGHLAND AVE. (R-1 )
A hearing on this petition was held September 14, 1988 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting 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.
Petitioners are requesting a Special Permit to allow the locus to be used as a
dental office on the first floor with a residential unit of the second floor. The
property is owned by Gerald & Brenda Stillman and is 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 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 non-
conforming 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 and after
viewing the plans, makes the following findings of fact:
1 . The property is currently being used as a two family dwelling which is
a nonconforming use;
2. The locus is withing 1500 feet of the Salem Hospital;
3. The proposed use will meet the existing parking requirements;
4 . There will be no exterior changes with the exception of a sign, which will
conform to the Salem Sign Ordinance;
5. There was no opposition to the petitioners plan.
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 Special Permit 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;
DECISION ON THE PETITION OF ROBERT P. ALEXANDER (PETITIONER) GERALD & BRENDA
STILLMAN (OWNERS) FOR A SPECIAL PERMIT FOR 128 HIGHLAND AVE. , SALEM
page two
2. The granting of the Special Permit will promote the public health, safety,
convenience and welfare of the City's inhabitants;
3. The proposed use will be in harmony with the neighbhorhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief
requested, subject to the following conditions:
1 . Eight (8) legal parking spaces be maintained on site, two of which are
to be for the residential use;
2. There are to be no exterior additions;
3. All requirements of the Salem Fire Department are to be adhered to;
4. All construction conform to all applicable State and Local codes.
SPECIAL PERMIT GRANTED
// x"47
'John R. Nutting, Secreta
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPEAL rR,V THIS EEC,I'1M i4. IF A'�'i SYS?I FE 1."ADE P!I^SI;A NT TO SFMM' 17 OF THE VAS.
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BOARD OF APPEAL
BOARD OF APPEALS
OF
CITY OF SALEM
DECISION APPROVING SPECIAL
PERMIT PURSUANT TO SECTION 5B (1) (f) and 9 (D)
The Petitioner, Robert Alexander, applied to the Board of
Appeals on August 12 , 1988 for a Special Permit under Section
5B (1) (f) and 9 (D) of the Salem Zoning Ordinance (herein referred
to as "Ordinance" ) . Permission was requested to use the locus at
128 Highland Avenue as a dental office on the first floor with a
residential unit on the second floor.
Presently, the property is a legal two family dwelling in an
R-1 zoning district, which is a non-conforming use for the zone.
A public hearing was held by the Board on Wednesday,
September 14 , 1988 , in accordance with M. G.L . , Chapter 40A,
Section 9 and 15 and Sectign 9 (D) of the Ordinance.
In determining, under Section 8 (F) of the Ordinance, whether
a special permit could be granted for the desired use of the
locus without a substantial detriment to the public good and
without nullifying or substantially derogating from the intent
and purpose of the Ordinance, the Board of Appeals reviewed the
following evidence: (1) that the locus is within 1500 feet of
Salem Hospital , as is necessary to obtain a Special Permit
pursuant to Section 5 (B) (1) (f) of the Ordinance; (2) the vehicle
parking plan proposed by the Petitioner meets the required number
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of parking spaces under Section 7 (C) (6) of the Ordinance; (3)
the exterior of the locus will remain unchanged with the
exception of a sign attached to the realty stating the name,
profession and specialty of the Petitioner; plans showing the
proposed 17ayout of the first floor and the parking area were
presented to the Board ; (4 ) that submitted to the Board of
Appeals was a petition of nine individuals representing the
owners and/or occupiers of seven properties abutting the
petitioner; said petition signed in support of the proposed use
of the property at 128 Highland Avenue; (5 ) the allowance of the
proposed use of the property would not result in a decrease in
rental housing ; and (6) the interior of the locus would undergo
only those cosmetic modifications necessary for conversion into a
dental office.
There were no objections from abutting property owners. The
Board of Appeals , after consideration of all the evidence,,
unanimously voted to grant the Special Permit requested by the
Petitioner. The Board Aetermined that the desired use of the
property would not be a detriment to the public good or
substantially derogate from the intent and purpose of the
Ordinance.
The Special Permit was granted subject to the following
conditions: