399 HIGHLAND AVENUE - ZBA 399 HIGHTAND AVENUE
JOHN h KATHLEEN MORIARTY
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Legal Ngfice
CITY OF SALEM
BOARD OF APPEAL
Will hold a public hearing for;all
persons interested in the,petitionsub-'
i' mitted by JOHN & KATHLEEM,
MORIARTY requesting a Variance
along front-and,side lot lines in an
Entrance Corridpr,tojnahttain'a 8ft.,' .w
'
height on eidstin'g fence for the'.prop ,,
erty 309 HIGHLAND AVENUE R-U,
Said hearing to.be held',WEDNES
-DAY, OCTOBER 21, 1,988'at 6:30
P.M.,One Salem Green,2nd floor:
Nina Cohen,Chah7iian,
(10/7,14) `
Legal Notice",,
'CITY OF SALEM
- HOARD OF APPEAL
Will hold a public hearing for'all
persons interested in the petition sub-
mitted by JOHN & KATHLEEN
MORIARTY requesting a Variance
along front and side.lot lines inan;,,,
Entrance Corridor to,maintain a 6,;ft:i
height on existing fence Cor the'prod;'
erty 399 HIGHLAND AVENUE R=1:
Said hearing to be held WEDNES
DAY, OCTOBER,21, 1998 at 6:30
P.M.,One Salem Green,2nd floor.
Nina Cohen,Chairman
(10/7,14)
Tlti of "&Ilem, ttsstttljuse##s
;04 ' Potts of �u eal I�nY �� �� "98
CIT ,,,
DECISION OF THE PETITION OF JOHN & KATHLEEN MORIARTY REQUESTING AV
VARIANCE FOR THE PROPERTY LOCATED AT 399 HIGHLAND AVENUE R-1
A hearing on this petition was held October 21, 1998 with the following
Board members present: Nina Cohen, Ronald Harrison, Richard Dionne, Paul
Valaskagis and Stephen Buczko. 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 along front and side lot lines in an
entrance corridor to maintain a 6 foot height on an existing fence for the
property located at 399 Highland Avenue.
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 . John Moriarty the owner presented the petition. The fence in question
is already existing in the rear and side of the property located at 399
Highland Avenue. Photographs were presented of the property and the
fence.
2 . Several people spoke in favor of the petition. Representing that the
fence was not a problem and that only a portion of the fence could be
seen from the street.
3. Joyce Nelson of 401 Highland Avenue was opposed to the petition for
esthetic reasons which she requested the fence be brought to 4 ft. Her
only concern was a small section of fence which abutted her property.
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.
w
d DECISION OF THE PETITION OF 30HN S KATHLEEN MORIARTY REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 399 HIGHLAND AVENUE R-1
page two
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.
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.
Variance Granted
October 21, 1998
Paul Valaskagis, 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
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