114R HIGHLAND AVENUE - ZBA 14 Che*y Hill Ave. R-1
P.J. Hannaway &
G.D.K. Hopper
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DECISION ON THE PETITION OF P.J. HANNAWAY AND G.D.K. HOPPER
FOR A VARIANCE & SPECIAL PERMIT AT 14R CHERRY HILL AVE.
A hearing on this petition was held December 17 , 1986 with the following Board
Members present: James Hacker, Chairman; Richard Bencal, Secretary; Messrs. ,
Luzinski, Strout and Associate Member LaBrecque. 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 from lot frontage requirements and a Special Permit
to allow construction of a medical office building in this R-1 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set_'orth in Section
VIII F and IX D, grant Special Permits for alterations and recon��ruction of non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
1
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The VariaQce which has been requested may be granted upon a finding of the Board
that
i
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 in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
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 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 . A letter from the Salem Planning Dept. in favor of the proposal
was submitted;
2. The proposed medical building would be within 1500 feet of Salem Hospital;
3. Property is land locked and there is no other accessabilty than from
Highland Ave.
4. Opposition to the plan was presented by one abutter.
t *�
DECISION ON THE FF7 TION OF P.J . HANNAWAY AND G.D.K. HOPPER FOR
VARIANCE °AND PERMIT FOR 14R CHERRY HILL AVE. , SALEM
page two
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . The relief .requested may be granted without substantial detriment
to the public good;
2. The granting of this petition will not nullify or substantially derogate
from the intent of the district or the purpose of the Ordinance;
3. Literal enforcement of the Ordinance would work a substantial hardship
on the petitioners;
4 . The proposed use is in harmony with the City's master plan.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
requested Special Permit and Variance subject to the following conditions:
T ion to be done as per all applicable provisions of the
construction ors
1 . Al c
State and City Building codes;
2. The building be in compliance with all regulations of the=Salem Fire
Dept. relative to smoke and fire detectors for a building of this type;
3. Any outside light be directed toward the building and not toward any
abutting property;
J
4. Property street numbering be obtained from the Salem City Assessors
office relative to this property;
5. A Certificate of Occupancy be obtained;
($, Tr;enty sig: (26) legal size parking spaces be maintained on site;
7. Al'_ consnr.;ction be done as per the plans submitted.
GRANTED
,TED c:.
Richard A. Bencal, Secretary
A COPY OF THIS DEC=S_On HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
b-!U MCI THO DECGC:;, I; A:iY, SHALL K 4ADE FCRSUANT TO SECTION 11 C.' THE :.
NEW LA"S. CHAFER E21 AN SHALL EE F '_EU 54HK 20 DAYS AFTER THE _;,iE 0: rLi:i;;
Toa DAWN I;; THE OFFICE OF THE CITY CLERH.
. P_.'.: ...; T'C' LASS. L'E..°.W L't ... CHAPTER EA. S_ai'.. 11, THE VAc!A,;E _.. .._:
Li '.TE:i ri_=.cli. SHAD. 6:. T..._ ER NT U!!-'L A KEY O. THEDK _ :: . .. 'Ai.
FT:- OF THE CITY „LER TR=.T ', DAYS h!7.i=. EA._a.. ..:J @:: A°i',.:L HK..
OR THAT. IF S--'-H /2; APFEAL HAS EEE.. FILE. T?..',-, IT 6:.,. Ec_i: D!J ... __ .,_. IS
PEC',D_J IN THE S1iTH ESSEX RESiSTR'i OL .,E_.._ 1!:DEXED C:;CE;` THE !b;:.:E OF -0E
OF RECORD OR IS RECORDED AND £TOTED CN, THE 0i,'NER'S CERTIFICATE GF TITLE. .
BOARD OF APPEAL
z; ��D,LI RECEIVED
jm 113
Varb oal f �A= tt .1 PJf -77
J'
r;AY 17, 1977 SdLE d, MAS.
DECISION ON THE PETITION OF NAUiiNLKSAG REALTY MIANAGEMENT FOR A SPECIAL PERMIT TO
CONSTRUCT A BRICK MEDICAL OFFICE BUILDING AT THE REAR OF 116 HIGHLAND AVENUE.
A hearing on this Petition was held Tuesday, play 17, 1977 with members Jane
Lundregan, Arthur Labrecque, William Abbott and Associate Members James Boulger and
Douglas Hopper as voting members present. Notices were sent to abutters and others
in accordance with Mass. General Laws, Chapter 808.
Richard E. McKeage represented the Petitioners before the Board. The Petitioners
wish.to construct a two story medical office building 76 x 28 feet. Said building
would contain two medical office suites on each floor.. The building falls within 1500
feet of Salem Hospital. The Petitioner stated that he has been at his present location
for nine years and has developed the land in back of the existing building at considerable
expense and has complied with all the requirements of the Conservation Commission. The
Petitioner stated that the land was not suitable for single family dwellings and that if
they are unable to build on it they would suffer financial hardship as the land would be
°fuseless for any other purpose.
The- plan presented for the building showed that mere will be 30 parkng spaces to
service the building.
Several abutters appeared in opposition to the 'granting of the Petition. The
abutters objected to further commercial activity in an R-1 Zone and felt that the permit,
if granted, would adversely affect their property values.
The Board voted to grant the Special Permit requested with conditions, to,wit, to
Boa?d will allow the construction of a two story brick medical office building, 76 ft x 28 ft
with parking for 30 cars. The entrance way to the property will be 24 feet wide with granite
curb cuts and the sidewalk must be level right to the drive way entrance. The Board found
that the property could not be suitable for a single family dwelling and that the construe-
tion of the medical office building would be the best use for the property. The Board found
that it could grant the Special Permit requested without substantial detriment to the
surrounding neighborhood and without derogating from the intent of the Salem Zoning by-law.
GRANTED *******x*T***ttt
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the Mass.Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
Decision in the office of the City Clerk.
Pursuant to I-lass. General Laws, Chapter 808, Section 13, the Variance or Special Permit
gran-ted herein, shall not take effect until, a copy of the Decision, bearing the certifica-
tion of the City Clerk that 20 days have elapsed and no appeal has been filed or that, if
such an 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 o7,ner's Certificate of Title. Copies of this Decision have been
filed with the Planning Board and the City Clerk. -
BOARD OF APPEAL -
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KLY 17, 1977 CItY UFFICE
SdLEM, MASS.
DECISION ON THE PETITION OF NAUMKEAG REALTY MANAGEMENT FOR A SPECIAL -PERMIT TO
CONSTRUCT A BRICK MEDICAL OFFICE BUILDING AT THE REAR OF 116 HIGHLAND AVENUE.
A hearing, on this Petition was held Tuesday, May 17, 1977 with members Jane
Lundregan, Arthur Labrecque, William Abbott and Associate Members James Boulger and
Douglas Hopper as voting members present. Notices were sent to abutters and others
in accordance with Mass. General Laws, Chapter 808.
Richard E. McKeage represented the Petitioners before the Bzjj,-d. The Petitioners
:_wish, to construct a two story medical office building 76 x 28 feet. Said building
would contain two medical office suites on each floor. The building falls within 1500
c feet of Salem Hospital. The Petitioner stated that he has been at his present location
for nine years and has developed the land in back of the existing building at considerable
- expense -and has complied with all the requirements of the Conservation Commission_ The
Petitioner stated that the land was not suitable for single family dwellings and that if
they are unable to build on it they would suffer financial hardship as the land would -be
F useless for any other purpose.
The plan presented for the building showed that there will be 30 parking spaces to
service the building.
Several abutters appeared in opposition to the granting of the Petition. The
.abutters objected to further commercial activity in an R-1 Zone and felt that the permit,
if granted, would adversely affect their property values.
. - The Board voted to grant the Special Permit requested with conditions, to_,. it, the -
Boazd will allow the construction of a two story brick medical office building, 76 ft x 28 ft
with parking for 30 cars. The entrance way to the property will be 24 feet wide with granite
curb cuts and the sidewalk must be level right to the drive way entrance. The Board found
that the property could not be suitable for a single family dwelling and that the construc-
tion of the medical office building would be the best use for the property- The Board found
that it could grant the Special Permit requested without substantial detriment to the
surrounding neighborhood and without derogating from the intent of the Salem Zoning by-law.
GRANTED
Appeal from this Decision, if any, shall be made pursuant to Section 17 of the ''ass.Gen.
Laws, Chapter 808, and shall be filed within 20 days after the date of filing of this
Decision in the office of the City Clerk.
. _-. Puisant to Mass. General Laws, Chapter 803, Section 11, the Variance or Special Permit
u
granted herein, shall not take effect untila (appy of the Decision, bearing the certifica-
tion of the City Clerk that 20 days have elapsed and no appeal has been filed or that, if
- . such an 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 o;:ner's Certificate of Title. Copies of this Decision have been
filed with the Planning Board and the City Clerk.
_ _ Ean,RD OF APPEAL