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207 HIGHLAND AVENUE - ZBA (3) 207 HIGHLAND AVENUE B-2 RALPH CERUNDOLO,TRUSTEE C� c7K MAR 5 2 4 7of �ittl=7 r4Ea95z1&C95ett� 41 CITY OF SALEM. MASS q CITY OF SALLM. MASS CLERK'S OF FICE �Ottra Of i 1U�7¢21j CLERK'S OFFICE DECISION OF THE PETITION OF RALPH CERUNDOLO, TRUSTEE, HILLCREST REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207 HIGHLAND AVENUE A hearing on this petition was held February 19, 1997 with the following Board members present: Gary Barrett; Chairman, Nina Cohen, Joseph Ywuc, Albert Hill and Arthur LeBrecque. 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, requests a Variance from front yard setback to install a canopy for the property located at 207 Highland Avenue, Salem. This property is located in a B-2 zone. The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve 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 derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. The petitioner would like to install a canopy 20 feet wide along length of the building and 120 feet long on Highland Avenue. 2. The petitioner feels this will improve the appearance of the property as part of the beautification of the Entrance Corridor. 3. Robert Cerundolo, of 55 Cross Lane, Beverly spoke in favor to his father's petition. 4. There was no opposition to this petition. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. DECISION OF RALPH CERUNDOLO. TRUSTEE, HILLCREST REALTY TRUST REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 207 HIGHLAND AVENUE. (B-2) page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance 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 submitted and approved by the Building Inspector. 3. Petitioner shall obtain a building permit prior to beginning any construction. 4. All requirements of the Salem Fire Department relative to smoke and safety shall be strictly adhered to. 5. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. Variance Granted JC-L446c, � February 19, 1997 -G Joseph Ywuc, Member 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 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 certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it 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