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Legal Notice
CITY OF SALEM
BOARD OF APPEAL .
will hold A public hearing.for al
l
persons interested in the petition sub-i
mitted by RIDGESIDE APART-j
MENTS;LLC requesting a Variance'
to the four foot height limitation for,
-fences in the Entrance Corridor4
Overlay District for property located
at 201-205 HIGHLAND AVENUE B-
2).Said hearing to be held WEDNES-�
DAY,'SEPTEMBER 19,2001,at 6:30'
P.M:;'120 WASHINGTON STREET,t
third floor. -
Nina Cohen,Chairman
(9/5,12)
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... 1001 UCS -3 P 2: 01
DECISION OF THE PETITION OF RIDGESIDE APARTMENTS LLC REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 201-205 HIGHLAND AVENUE R-2
A hearing on this petition was held September 19, 2001 with the following Board
Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Harris and Nicholas
Helides. 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 the four-foot height limitation for fences in the
Entrance Corridor Overlay District for the property located at 201-205 Highland Avenue
in an R-2 zone.
The Variances, which have been requested, may be granted upon a finding by this
Board that:
a. Special conditions and circumstances exist which especially affect the land, building
or structure involved and which are not generally affecting other lands, buildings and
structure involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
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 of the
purpose of the Ordinance.
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. Petitionerreviousl obtained a variance to build a residential apartment complex of
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120 units on a site zoned for industrial use.
2. Petitioner's construction plans call for a 24" metal fence to be erected on a concrete
wall along the perimeter of the property on First Street. At present petitioner is
seeking to increase the height of the metal fence to four feet, in order to promote
pedestrian safety along that side of the property. Because a portion of the property
falls within the Entrance Corridor Overlay District, fence heights greater than four feet
require a variance.
3. The petitioner was represented by Attorney Joseph Correnti of 63 Federal Street in
Salem,
DECISION OF THE PETITION OF RIDGESIDE APARTMENTS LLC REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 201-205 HIGLAND AVENUE R-2
pagetwo
4. There was no opposition to the petition.
On the basis of the above findings of fact, and on, the evidence presented at the
hearing, the Zoning Board of Appeal 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 Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 4-0, to grant the Variances requested,
subject to the following conditions;
1. Petitioner shall comply with all city and state statures, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
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.
Variance Granted !/� OA/rc
September 19, 2001 CEJ
Nina Cohen, Chairman
Board of Appeal
e
DECISION OF THE PETITION OF RIDGESIDE APARTMENTS LLC REQUESTING A
VARIANCE FOR PROPERTY LOCATED 201-205 HIGHLAND AVENUE R-2
page three
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 after the
date of filing of this decision in the office of the City Clerk. Pursuant to
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 that 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 of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
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December 2, 1999
Nina Cohen, Chairman
Zoning Board of Appeals
One Salem Green
Salem, MA 01970
RE: Petition before the Zoning Board of Appeals Pertaining To 205 Highland Avenue
Dear Ms. Cohen:
The Salem Planning Board discussed a petition, which is before the Zoning Board of Appeals at
your December 15, 1999 meeting. The petition pertains to the parcel located at 205 Highland
Avenue. The applicant is requesting a use variance to develop multi-family residential units on a
site located in an Industrial Zoning District.
The Board would like to strongly express its objection to this request. The site is located in an
expressly commercial and industrial area. This proposed use of the site would not be in keeping
with its surrounding parcels or it's industrial zoning. In addition, the structure located on the site
has been utilized as industrial for many years and clearly has the capacity to continue to be
utilized for industrial purposes in the future.
Again, the Planning Board would like to express its lack of support for the request for a use
variance at the parcel located at 205 Highland Avenue. Please let the Board know if you have
any questions.
Sincerely,
ti
Walter B. Power, III
Chairman
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
PATRICK REFFETT ONE SALEM GREEN
City Planneris 01907
(978)745-9595 EM.311
Fax(976)740-0404
December 15, 1999,
Zoning Board of Appeals
One Salem Green
Salem, MA 01970
To the Honorable Board:
Please accept this correspondence regarding the property located at 205 Highland
Avenue. We have reviewed the property and believe that it does, in fact, clearly possess
numerous unique features which render the property less than desirable for conventional
commercial and industrial purposes. The property abuts residential uses and zoning
districts. Locating residential uses on this site would decrease the possibility of future
incompatible and conflicting land uses.
The property contains environmental conditions which also limit the use of the site land
area. A portion of the site is affected by wetlands and therefore unbuildable. Conversely,
a portion of the site also contains a significant amount of elevated ledge/bedrock.
Further, manmade limitations affect this site. Direct vehicular access from westbound
Highland Avenue is not possible given the lack of a left turn lane. Additionally, the lot is
narrow and linear which limits the breadth of an industrial structure and would result in a
long, narrow structure which is unusual and limiting for industrial purposes.
In closing,the site has some significant limitations which make it a unique property and
impede conventional development. If I can be of further assistance please contact me at
your convenience.
Sincerely,
tPatrick:Retett
City Planner