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483 HIGHLAND AVENUE - ZBA �f� �� h l�,d .�e_, � � � — V `� � � � � �� p, P be d Lega�;Notice s Aort. �Tiber CITY OF SALEM oun- BOARD OF APPEAL ..eds 745-9595 Ext.381 j pow Will hold a public hearing for all 1 fled persons interested in the petition sub- (' ,!AY milted by WILLIAM CROSBY seeking 3n•. a Special Permit per Section 5.3(2)to on allow an Auto Repair Business to for f� f property located at 483 HIGHLAND V, Lt AVENUE&2.Said hearing will be held ii ru on WEDNESDAY, NOVEMBER 15 p 2006 AT 6:30 P.M., 120 WASHING- , TON STREET,3RD FLOOR, ROOM 313. 1 h NOVEMBER 1 &8,2o06 f Nina Cohen,Chairman € . SN•11/1,11/6/06 } odw CITY OF SALEM, MASSACHUSETdi$Y Or SALEM. MA BOARD OF APPEAL CLERK'S OFFICE 120 WASHINGTON STREET. 3RD FLOOR ' SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 .10011 DEC -1 P 2 41 KIMBERLEY DRISCOLL MAYOR December 7, 2006 Decision Petition of William Crosby requesting a Special Permit, for the property at 483 Highland Ave City of Salem Zoning Board of Appeals A public hearing on the above petition was opened on November 15, 2006 pursuant to Massachusetts General Law Ch. 40A, Sec. 11. The following Zoning Board members were present: Richard Dionne, Bonnie Belair, Annie Harris,Elizabeth Debski, Steven Pinto. The petitioner, William Crosby, sought a special permit to allow an auto repair business for the property located at 483 Highland Ave., Salem, in the Business Highway (B-2) zoning district. The Board of Appeals, after careful consideration of the evidence presented at the public hearing, and after thorough review of the Petition submitted, makes the following findings of fact: 1. The property at 483 Highland Avenue is within the B-2 zoning district. 2. The Petitioner was represented By William Quinn, Esq. 3. The petitioner is requesting a special permit to allow an auto repair business to be located on the site. No auto sales or shall be conducted on the site, and no towing business will be run out of the site, though vehicles may arrive via tow truck. 4. The business will service and repair only Mercedes-Benz vehicles. 5. Atty. Quinn presented the Board with revised plans that showed that there are two (2) curb cuts, not one (1), as depicted in the originally submitted plans. 6. The petitioner said that the abutting landlord has agreed to allow the petitioner to park vehicles on hi property. 7. Ward One City Councilor Jean Pelletier spoke in favor of the petition. r 8. The petitioner agreed to do landscaping according to the requirements of the Entrance Corridor Overlay District. 9. No members of the public wished to speak on this petition. On the basis of the above findings of fact, including all evidence presented at the public hearing, including, but not limited to, the Petition the Zoning Board of Appeals concludes as follows: 1. The petitioner's request for a Special Permit for an auto repair business on the site does not constitute a substantial detriment to the public good. 2. The requested relief does not nullify or substantially derogate from the intent or purpose of the zoning ordinance as Highland Avenue is a largely business oriented corridor and many similar businesses are located along this road in a similar fashion as the petitioner's. 3. A literal enforcement of the zoning ordinance would create a substantial hardship to the petitioner. 4. In permitting such change, the Board of Appeals requires certain appropriate conditions and safeguards as noted below. In consideration of the above, the Salem Board of Appeals voted, five (5) in favor (Dionne, Debski, Pinto, Hams, Belair) and none (0) opposed, to grant the request for a variance, subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 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 is to be obtained. 6. A Certificate of Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 8. There shall be no auto sales, towing, gasoline or fuel services on the premise. 9. The parking lot shall be striped and constructed as per the revised plans submitted to the Board entitled"Plot Plan of Land 483 Highland Avenue Salem Prepared for William Crosby" and dated November 8, 2006.. 10. Landscaping for the site shall installed and constructed according to the regulations of the City of Salem Entrance Corridor Overlay District (sec. 7- 19(c)4. 22,44 /6"-A ------- ----- Elizabeth-Debski-- Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 it has been dismissed or denied and 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. If w MAP 2 LOT 4 W z ROBERT PROODIAN Q 4 WYMAN AVE. N J 1' 92.17' �1 ENTRANCE CORRIDOR OVERLAY DISTRICT MAP 2 LOT 43 AREA = 11,592 f S.F. MAP 2 LOT 5 ROBERT PROODIAN _ ROBERT PROODIAN 481 HIGHLAND AVE. 9\ 91 CO 11 I / #483 1O ID �\—reseryfor landscaping reserve for 3 a landscaping / ml x �I 0 ° to c © I h =1 Iv I� 19' 1 II 65.56' 38.90' ej 11 proposed Z proposed landscaping landscaping curb 52.0' curb cutcurb 59.0' curb cut curb HIGHLAND AVENUE mdion sfri PLOT PLAN OF LAND 483 HIGHLAND AVENUE ZONING DISTRICT — B2 'Sy'oFMAssgcG SALEM y PREPARED FOR SMTMy WILLIAM CROSBY No.35043 x gfCIS'���OQ�.£� SCALE 1" = 20' NOVEMBER 8, 2006 �SS�ONAL IANO SJ NORTH SHORE SURVEY CORPORATION 14 BROWN ST. — SALEM, MA #2841 978-744-4800