94-100 HIGHLAND AVENUE - ZBA 94-100 Highland Ave. (R-1 )
Charterhouse Dev. (pet)
\ Ronald Gauthier (owner) —
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DECISION ON THE PETITION OF CHARTERHOUSE DEVELOPMENT COPR.
(PETITIONER) , RONALD J. GAUTHIER (OWNER) FOR SPECIAL PERMIT
FOR 94-100 HIGHLAND AVE. (R- 1)
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A hearing on this petition was held May 28, 1986 withFkte follow0ingr$oTi5d Members
present: James Hacker, Chairman; Messrs. , Bencal, Flemint and Luzinski. Notice
of the hearing was sent to abutters and others and ncMFgesfSf the hearing were
properly published in the Salem Evening News in accordance wlt{ --Ha ,I%q*setts
General Law Chapter 40A.
Petitioners are requesting a Special Permit to allow construction of a medical
office building/private clinic in the R- 1 district. Property presently contains
a gas/service station.
The provision of the Salem Zoning Ordinance which is applicable to this permit
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
procesure and conditions set forth in Section VIII F and IX D,
grant Special Permits for alterations and reconstruction of
nonconforming structures, and for changes, enlargement , extension
or expansion of nonconforming lots, land, structures,a nd uses,
provided, however, that such change, extension, enlargemnet or
expansion shall not be substantially more detrimental that the
existing nonconforming use to the neighborhood.
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 neighborhood.
The Board of Appeal, after considering the evidence presented at the hearing
and after viewing the plans, makes the following findings of fact:
1. Support for the plan was voiced by interested and concerned
residents and others: ;
2. A doctors office as shown on plans would lessen the traffic
count by approximately four hundred cars per day.
3. New Building as shown on plans and described by petitioner would
significantly improve appearence of the neighborhood.
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 . The proposed changes will promote the health, safety,
convenience and welfare of the City's inhabitants;
2. The relief requested may be granted without substantial
detriment to the public good.
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DECISION ON THE PETITION OF CHARTERHOUSE DEVELOPMENT CORP.
(PETITIONER), RONALD J. GAUTHIER (OWNER) FOR SPECIAL PERMIT ,I
FOR 94- 100 HIGHLAND AVE. (R- 1)
Therefore, the Zoning Board of Appeal voted unanimously 4-0,to allow the
construction of a medical office building/private clinic , subject to
the following conditions:
1. Copy of revised Purchase and Sales Agreement .
2. All Salem Fire Department regulations relatived to installation
of smoke detectors must be met.
3. Six to ten feel deep planting or shrubs to be placed as a buffer
zone of the side of the property border of Almeda Street.
4. If any lighting is to be placed on the perimeter they should
be placed so as to shine towards the new building being constructed.
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5. Any and allconcerns within the culvert found on this property or
across the street must be resolved to the satisfaction of the
Building Inspector bound to the Certificate of Occupancy
being issued.
j6. A Certificate of Occupancy be obtained.
SPECIAL PERMIT GRANTED
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AMES B. HACKER, CHAIRMAN
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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THE CIiY CLER7, T'd:.. =-r: FdE THAT IT p„I."EXED UIJDE' THE FA'„E OF THE
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OR THAT, IF SU'H y RE;,JS-,Rr OF pVJNER'S CERTIFICATE OF
RECORDED IN THE SDJTH ESSE.;D NOTED ON THE BpARD OF APPEAL
QF REGpRO,OR IS RECORDED AND
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