227 HIGHLAND AVENUE - ZBA (3) 227 Highland Ave. B-2
227 Highland Avenue Partnership
'G P
QQ
l�
�J
JUL 13 3 1,9 ;; ; '90
y� FaL��.,
of $Aem, Anssa,4, s Its -M F mN wL
Paura of Apveal
DECISION ON THE PETITION OF TWO HUNDRED TWENTY SEVEN HIGHLAND
AVENUE PARTNERSHIP FOR A SPECIAL PERMIT AT 227 HIGHLAND AVE. (B-2)
A hearing on this petition was held June 27, 1990 with the following Board
Members present: Richard Bencal ,Chairman; Peter Dore, Acting Secretary, Edward
Luzinski , Vice Chairman; 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, represented by Attorney Robert Ledoux, are requesting a Special
Permit to allow construction of an Automatic Teller Machine in this B-2 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 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 . Proposed construction is within a shopping center and would be a free
standing building two hundred fifty two (252) square feet.
2. The "Kiosk Style" building would be used as a bank.
3. No opposition to the proposal was presented.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The proposed construction of the Automatic Teller Machine will be in
harmony with the surrounding area and will promote the convenience and
welfare of the City's inhabitants.
2. The requested Special Permit 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 TWO HUNDRED TWENTY SEVEN HIGHLAND AV
PARTNERSHIP FOR A SPECIAL PERMIT AT 227 HIGHLAND AVE. , SALEM
page two AVENUE
Therefore, the Zoning Board of Appeal voted unanimous)
requested, subject to the followin di ions to grant the
Special Permit
I • Construction must be in a 9 conditions;
accordance with plans and dimensions submitted,
2- Construction must comply with all
3•
City and State Building Codes.
Petitioner must obtain a building permit.
4 fire A17 requirements of the Salem Fire Department relative
safety are to be strictly adhered to. to smoke and
SPECIAL PERMIT GRANTED
Peter Dore, Acting Secretary
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 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, Chapter SOB, Section 11, the Variance
w or !�pecial Permit granted herein shall noA take effect until a copy of the
decision, bearing the certificztion of the City Clerk that 20 days have
" ..M elapsed and no appeal has been filed, or that, it such appeal has been
O'1 filed,that it has been dismisse4 nr denied is recorded in the South Essex
Reristry of Deeds and indexed under the name er the owner of record or
is recorded and noted on the owner's Certificate of Title.
rv� ; BOARD OF APPEAL
mf
i
I
p.po
Q Po3EO
e,T 'Q.Vr
w•/e' - D o
\a G•�.+-/a m ,� a o Q L E G S /v o
y v
m 9 to rz� o
\ � rn a s Q 'P•�bf,e
Q \T L m
O. M.N. OPf7/A/ .N•9A/h'OLE
C. B . CQ7CN BA .S/A/
s
? — —i-- O @ �' �I U.P. UT/ G / Ty POLE
H T PO L E
V) I M O/N OVE.2NEf70
� N
J --- - N. • N E/ G N T
h V
/37 VQT/OA/
Z a 4 0 OE TA / G HCP /4<7A/D /CFIf'PEO
0 Nf•�/1.5' "or To SCFaLE
*^
W O \
U.P. PFl VEO P.Q O/C//✓G
V, x SPA cf3 9 ' r / 9' TY?J
V rPeo P, n/
T
a ° ° o -o s H c o �Aer/n/G D
NOTES
n 3 �'
o s/•its
POeT/ON OF' LOT A f1s -5'k1OW.-/
e> PG.9A/ BY OTTE ¢ Owj'E,e /NC. 0.9TE0
"I /7. � ice, „ ,e.s ' ✓Uc y //� / 9B9` of NAwr.•+'oEN SQu v2E/
act /3Y"/ 2.) SEE 6A�0 PG.9A/ Fo.2 02F,'�A/,9GE OF PyEE�/A/G
Gta. , re, Gu�PB (YYP.)� .9.PE/9 h'NO CPoSS Cot/A/T.ey SEWE.2,
O/N T?F1F//G �LPF. / F ti'.vy
� S
V h 7 o�E v19Y,
T ® �1
v n of o �i
o�
W tip, G2Fa35 � (,.P.
� r
h
L W p✓E wAY
M 138 " 8
GL
PaoPEQr� TO POG 2 .9PHlC PLA00
P uPs
H / 4r-F .-/ Z. 109A-/40 o9 vEivuE
6 Aof . M09 S S,
OTTE Owy -AO /A/c. .-fL/2VEYo26
/ 9G CEA/ T.2<JG ,-5A7 Z/ /.5/ Alf-17
ZO ' M.42GN /3, /9 9 0
0 zo fo Go
Cev.. 3 - 79 - 9o �PeoP, Bu/LO/NG� G48 /
i