400 HIGHLAND AVENUE - ZBA 400 Highland Ave. BPD
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DECISION ON THE PETITION OF OLDE VILLAGE MALL REALTY TRUST o N
FOR VARIANCES AT 400 HIGHLAND AVENUE (BPD/ECOD) T
A hearing on this petition was held July 20, 1994 and continued unt� Jay
27, 1994. Board Members present at the July 27, 1994 meeting were: �?tevhn
Touchette, Chairman; Gary Barrett, Nina Cohen and Albert Hill. 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, owners of the property, are requesting Variances from use,
_maximum lot coverage, parking requirements, and all other requirements so
as to permit the premises to be used for all B-2 purposes as set forth in
the City of Salem Zoning Ordinance and to allow the proposed retail mall to
be constructed as per the plans submitted in this BPD zone.
The Variances which have been requested may be granted upon a finding by
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 lands, buildings and structures involved.
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 derogating from the
intent of the district or 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. The petitioner notified all abutters of this hearing by certified mail
and presented the return receipts for the Board's review.
2. The site is presently in a dilapidated condition in that there remains
a vacant, rusted steel shell structure from a previous owner as well as
debris and overgrown weeds which cover the lot.
3. The petitioner purchased the site in 1993 at a foreclosure auction from
a local bank.
4. Hillary J. Rockett, Trustee of the Petitioner Trust, owns, manages and
has developed several properties, both commercial and residential,
throughout the North Shore.
i. The site, which fronts directly on Highland Avenue Route 107, directly
abuts a development of residential condominium homes .
DECISION ON THE PETITION OF OLDE VILLAGE MALL REALTY TRUST FOR
VARIANCES AT 400 HIGHLAND AVENUE, SALEM " _'
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6. Approximately 15 condominium owners were present at the hearin=and�"�
all spoke in favor of the petition. A petition containing sev al
dozen signatures of other condominium owners and abutters, all�r,
favor of the proposed development, was also submitted to the Bd. S
No one spoke in opposition. m n
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7. Leonard O'Leary, the Ward 4 Councillor, was present at the hearing and
spoke in favor of the petition as being a benefit to the neighborhood.
8. Prior to this hearing, the petitioner has met several times with the
Association of condominium owner to successfully address their concerns
regarding this project. As a result, several mitigation measures
will be implemented by the petitioner including the submittal of an
application for a new curb cut on Highland Avenue, landscaping and
screening between the site and the condominium development.
9. The petitioner undertook an exhaustive study, with the help of profes-
sionals, in determining that the best way for this site to be developed
was commercial development.
10. Under the present BPD zone regulations, manufacturing, warehousing and
wholesale distribution are allowable uses, each of which would likely
have a greater negative impact on the abutters.
11. The proposed development of this site includes a single story "L"
shaped building of approximately 45,000 square feet for commercial use.
12. The petitioner intends to lease retail and commercial space in the
proposed development to create a "convenience" type of strip mall as
allowed in B-2 districts.
13. The premises, prior to being rezoned to the present BPD District, was
zoned B-2, as most of Highland Avenue remains zoned today.
14. The fact that the premises are directly abutted by a large condominium
development of one side with the highway and steep ledge on the other
sides, creates special circumstances affecting this land.
15. The petitioner agreed with a request of the neighbors that as a con-
dition of approval, thee petitioner be required to obtain permission —from the State and any other authorities that access and egress to the
site be directly from Highland Avenue.
16. The proposed development, when completed, will add jobs and tax
revenue to the City, and will help beautify an important property
along the entrance corridor into the City, which is in keeping with the
stated goals of the Entrance Corridor Overlay District and the purposes
of the Zoning Ordinance.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Board of Appeal concludes as follows:
1. Special conditions exist which especially affect the subject property
but not the district in general.
DECISION ON THE PETITION OF OLDE VILLAGE MALL REALTY TRUST FOR a.
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VARIANCES AT 400 HIGHLAND AVENUE, SALEM < _
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2. Literal enforcement of the provisions of the Zoning Ordinance grad -4
involve substantial hardship to the petitioner. FM ;
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3. Desirable relief can be granted without substantial detriment touthe�c.
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 unanimously, 5-0 to grant the
variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances,
codes and regulations.
2. All construction shall be done in strict accordance with the plans and
dimensions submitted and varied by further conditions.
3. Petitioner shall comply with all requirements of the Salem Fire
Department relative to smoke and fire safety.
4. A Building Permit is to be obtained prior to beginning construction.
5. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection for each business is to be obtained.
7. Petitioner must obtain the approval of the Entrance Corridor Overlay
District Committee.
8. Petitioner must obtain the approval of the State Department of Public
Works for access and egress from Highland Avenue.
9. Petitioner must obtained approval of and adhere to all conditions of
Site Plan Review. .
Variances Granted
July 27, 1994
Stephen O'Grady, Membd/r�
Board of Appeal
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DECISION ON THE PETITION OF OLDE VILLAGE REALTY TRUST FOR { 69C
VARIANCES AT 400 HIGHLAND AVENUE, SALEM o
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND TTE &TY
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
x (fitu of "Salem, 'fflttssadjusetts
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AUGUST 16, 1994
YOU ARE HEREBY NOTIFIED THAT AS OF THIS DATE THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
GRANT THE PETITION OF OLDE VILLAGE MALL REALTY TRUST FOR VARIANCES TO ALLOW
CONSTRUCTION OF A SINGLE STORY RETAIL MALL AT 400 HIGHLAND AVENUE.
BOARD OF APPEAL
BRENDA M. SMALL
CLERK OF THE BOARD
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
MGL 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 MGL Chapter
40A. , Section 11, the Variance/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