224-234 HIGHLAND AVENUE - ZBA i
224-234 HIGHLAND AVENUE (B-2)
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KENNEDY DEVELOPMENT GROUP, INC
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DECISION OF THE PETITION OF KENNEDY DEVELOPMENT GROUP, INC
FOR A VARIANCE FOR THE PROPERTY LOCATED AT 224-234 HIGHLAND AVE. (B-2)
A hearing on this petition was held May 17, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrette, Albert Hill,
Nina Cohen and Arthur LaBrecque. 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 is requesting a Variance from Bent setbacks and buffer and a
Variance from parking for the property located at 224-234 Highland Avenue.
This property is located in a B-2 district.
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. Petitioner, owner of two parcels of property at 224-234 Highland Avenue
seeks a variance from minimum depth requirements for the lot at 224
Highland Avenue, and from a required buffer area at the proposed common
property line.
2. Site plans, developed by the Kennedy Development Group, provided
support for petitioner's statement that a parking area in front of the
proposed restaurant building, while not meeting the depth requirement
of the Zoning Code, would not obstruct the facade or adversely affect
the appearance of the property.
3. The proposed site plan demonstrates adequate alternate use of the
buffer zone on the common property line as a common parking area, thus
supporting petitioner's request for a variance from the buffer zone
setback requirements .
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 .
DECISION OF THE PETITION OF KENNEDY DEVELOPMENT GROUP,INC. FOR
A VARIANCE FOR THE PROPERTY LOCATED AT 224-234 HIGHLAND AVENUE (BZ
page two
2 . Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
3. The request 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.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested relief, subject to the following conditions :
1. Petitioner shall comply with all city and state statutes, ordinances, .
codes 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 BuildingPermit prior p to beginning any
construction.
4. A Certificate of Inspection shall be obtained.
5. Petitioner shall obtain proper street numbering for the City of Salem
Assessors office and shall displav said number so as to be visible from
the street.
6. Petitioner is to obtain approval from any City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
7. Construction is subject to Site Plan review process.
Variance Granted
May 17, 1995
Nina Cohen, 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 a=th
Essex Registry of Deeds and indexed under the name of the owner ef+ reeord
or is recorded and noted on the owner's Certificate of Title. - ^�
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DECISION OF THE PETITION OF KENNEDY DEVELOPMENT GROUP FOR A
VARIANCE FOR THE PROPERTY LOCATED AT 224-234 HIGHLAND AVENUE (B-2 )
A hearing on this petition was held June 28, 1995 with the following Board
members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill,
Nina Cohen and Jospeh Ywuc. 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, owners of the property requests a Variance on parking and a
Variance on maximum height of fences for the property located at 224-234
Highland Avenue. (B-2)
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. .
F•
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. As a result of the Planning Board's Site Review process, the petitioner
has re-designed the site in response to comments and concerns expressed
by the abutting neighbors.
2. The new plans call for removal of some parking from the residentially
zoned areas.
3. The new plans call for construction of an eight (8) foot high fence to
provide screening and noise reduction for neighboring residents.
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.
`1 DECISION OF THE PETITION OF KENNEDY DEVELOPMENT GROUP FOR A
VARIANCE FOR THE PROPERTY LOCATED AT 224-234 HIGHLAND AVENUE (B-2)
page two
Therefore, 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 statutes, ordinances,
codes and regulations .
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. Petitioner is to obtain approval from anv City Board or Commission
having jurisdiction including, but not limited to, the Planning Board.
Variance Granted
June 28, 1995
Stephen Touchette, Chairman
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 C) ell)
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SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
JOHN R. SERAFINI. SR. TELEPHONE
JOHN R. SERAFINI.JR. 508-744-0212
JOHN E. DARLING 617-5812743
ELLEN M. WINKLER
TELR
JOSEPH C CORREN TI 741-46
SO8�74 -4683
June 18, 1996
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Gary M. Barrett <
Chairman, Board of Appeal71
City of Salem m w i
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One Salem Green r—
Salem, MA 01970rn w �
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RE: Variances to Fence Height and
Parking Requirements N Gy
Granted to Property at
224-234 Highland Avenue, Salem
Dear Mr. Chairman:
Please consider this letter as an application for
extension of the above referenced Variances granted by the Board
at a hearing held on June 28, 1995. The requested extension is for
an additional period of six (6) months from the effective date of
that grant.
While it is the Petitioner's intent to go forward with
the development of the property, a change in the proposed tenants
has necessitated delays in the commencement of construction.
The Petitioner has been working diligently with the Planning
Department and the Planning Board and wishes to keep the Variances
from lapsing, so as to be able to commence construction immediately
upon receiving all final approvals.
We would, therefore, respectfully request that this Board
grant an extension as provided in General Laws Ch. 40A, Section 10,
for an additional six (6) month period from the effective date of
the Variances granted for the property at 224-234 Highland Avenue.
R pectf> y ubmitted
Ove C. C(/ORRENTI,
ttorney for
Kennedy Development Group
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' Rama of Appeal
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DECISION ON THE REQUEST FOR AN EXTENSION OF VARIANCES
GRANTED TO 224-234 HIGHLAND AVENUE
At a nearing held June 19, 1996, the Board of Appeal voted unanimously,
5-0. to allow a six (6) month extension for Variances granted allowing the
construction of an eight (8) foot fence and a Variance on parking for the
property located at 224-234 Highland Avenue. The subject variances were
originally granted at a hearing held on June 28, 1995. Said extension
shall be up to and including December 19, 1996.
A cocy of the original decision have been filed with the Planning Board and
with the City Clerk.
Gary Barrett, Chairman
Board of Appeal