488 HIGHLAND AVENUE - ZBA (4) 488 HIGHLAND AVENUEAT & T WIRELESS SERVICE
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DECISION OF THE PETITION OF A.T. & T. WIRELESS SERVICES REQUESTING A
VARIANCE FOR THE PROPERTY LOCATED AT L88 HIGHLAND AVENUE (BPD)
A hearing on this petition was held September 11, 1996 with the following
Board members present: Gary Barrett, Chairman, Nina Cohen, Richard Dionne,
Joseph Ywuc and Paul Valaskatgis . 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, requests a Variance to install a 100 foot monopole with an
antenna array for the property located at 688 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 . The Petitioner was represented by Attornev Joseph Correnti of
Serifini, Serifini and Darling, E3 Federal Street, Salem.
2. :ard 4 Councillor Leonard O'Leary spoke in favor of the request.
3. -here was no opposition to this petition.
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.
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.
/ DECISION OF THE PETITION OF A.T. & T LiIRRELESS SERVICE REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 488 HIGHLAND AVENUE (BPD)
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On the basis of the above findings of fact, and on the evidence..pke`s nted
at the hearing, the Zoning Board of Appeal voted unanimously, ;,5 01,to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. All construction shall be done as per plans and dimensions which are to
be certified, submitted to and approved by the Building inspector.
3. All requirements of the Salem Fire Department relative to smoke and
fire safetv shall be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any
construction.
S. A Certificate of Inspection is to be obtained.
6. Petitioner us to obtain approval from any City Board or Commission
having jurisdiction including, but not ?umited to, the Planning Board.
Variance Granted
September 11, 1996
5-
Richard Dionne
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