469 HIGHLAND AVENUE - ZBA Q0
Legal Notice
CITY OF SALEM
BOARD OF'APPEAL
745.9595 Ext 381
Will hold a public hearing for all per-
sons interested in the petition submit-
ted by GUNDERSENASSOCIATES
requesting a Variance from the height.
requirement in a B-2 zone(30)to allow
a height of 36 for property located at
469 HIGHLAND AVENUE B-2. Said
hearing will be held.on WEDNESDAY,!
1 MARCH 15,2006 at 6:30 P.M. 1201
Washington Street 3rd.Floor, Room'.
313. i
Nina Cohen,Chairman
SN-3/2;3/9/06
1
CITY OF SALEM9 MASSACHUSETTS
BOARD OF APPEAL CI
CLERK'S OFFICE
120 WASHINGTON STREET. 3RD FLOOR
SALEM. MASSACHUSETTS 01970
TELEPHONE: 979-745-9595
FAX: 9713-740-98413 2006 MAR 31 A 107 00
DECISION ON THE PETITION OF G UNDERSON ASSOCIATES REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT 469 HIGHLAND AVENUE B-2
A hearing on this petition was held on March 15, 2006 with the following Board
Members present: Richard Dionne,Nicholas Helides,Bonnie Belair, Robin Stein and
Edward Moriarty. 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.
The petitioner is requesting a Variance from the height requirement in a B-2 zone(30')to
allow a height of 36' to for the property located at 469 Highland Avenue located in an B-
2 zone.
The Variances,which have been requested, may be granted upon a finding by this Board
that:
a. 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 involve.
b. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
c. Desirable relief may be granted without substantial detriment to the public good
and without nullifying or substantially derogating from the intent of the district of
the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the hearing,
and after viewing the plane, makes the following findings of fact:
1. The Petitioner, Most RE, LLC owns the property located at 469 Highland
Avenue in the B-2 zone. The maximum allowed height of a building in the B-2
district is thirty(30') feet. Petitioner was represented by Harry Gunderson of
Gunderson Associates.
2. The Petitioner desires to construct a commercial office building on the property
with approximately two thousand(2,000)square feet of space on the ground floor
and approximately ten thousand(10,000)square feet of space on the second floor.
3. The ground floor level will also provide thirty-six (36)parking spaces. All but
eight(8)of the spaces will be partially or completely located below the second
floor of the proposed building.
CLERK'S OF;F.I'£E
DECISION OF THE PETITION OF GUNDERSON ASSOCIATES REQUES')ZDBMR 31 A-0 0 8
A VARIANCE FOR THE PROPERTY LOCATED AT 469 HIGHLAND AVENUE
B-2
page two
4. The clear height under the building needs to be thirteen feet and six inches (13'6")
to accommodate the parking and access for emergency vehicles. As a result,the
height of the proposed building is thirty-six(36') feet.
5. The property is long and narrow and contains varying grades.
6. The Board found a hardship to the applicant due to the shape and topography of
the land and found that granting the requested relief would not detract from the
intent of the Salem Zoning Ordinance.
On the basis of the above findings of fact,and on,the evidence presented the Board
of Appeals finds as follows;
1. Special conditions exist when especially affect the subject property but not he
District.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship to the petitioner.
3. Desirable relief 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.
Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the
Variances requested, subject to the following conditions:
1. Petitioner shall comply with all city and state stature,ordinance,codes and
regulations.
2. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, including but not limited to the Planning Board.
3. All requirements of the Salem Fire Department relative to smoke and fire safety
shall be strictly adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. Petitioner shall obtain approval from any City Board or Commission having
jurisdiction, but not limited to the Planning Board.
I
� , �',r �OFr CES
CLtRi(.S
16& W 31 A 08
DECISION OF THE
PETITION OF GUNDERSON ASSOCIATED REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 469 HIGHLAND AVENUE
B-2
page three
7. Petitioner shall obtain proper street numbering from the City's Assessors Office
and shall display said number so to be visible from the street.
VARIANCE GRANTED
March 15, 2006
Rob.Stem
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 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 certificate of the City Clerk that 20 days
have elapsed and no appeal has been filed,or that, if such appeal has been filed, that is
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
Gundersen
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Site Plan
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469 Highland Avenue, Salem, Massachusetts Most RE, LLC
Most Corporation Corporate Offices Gundersen Associates, Architects February 2006