40 REAR HIGHLAND AVENUE - ZBA 40 REAR HIGHLAND AVENUE
A T & T WIRELESS SERVICES
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DECISION ON THE PETITION OF A.T.& T. WIRLELESS SERVICES FOR A VARIANCE AT
40 REAR HIGHLAND AVENUE (R-3) .
A hearing on this petition was held August 21, 1996 with the following
Board Members present: Gary Barrett, Chairman; Paul Valaskatgis, Richard
Dionne, Arthur LaBrecque and Albert Hill . 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 is requesting a Variance to allow three antenna arrays to be
installed on the property located at 40 Rear Highland Avenue (R-3) .
The Variance which has been requested may be granted upon a finding by 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 lands, buildings and structures involved.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the
petitioners.
3. 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 plans, makes the following findings
of fact:
1. There was no opposition in this matter.
On the basis of the above findings of fact, and on the evidence presented
at the hearing, the Zoning Board of Appeal voted unanimously, 5-0 to grant
the variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statues, ordinances,
codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
DECISION OF THE PETITION OF A.T.ST. WIRELESS SERVICES FOR
A VARIANCE AT 40 REAR HIGHLAND AVENUE.
page two
3. All construction shall be done as per the plan and dimensions by the
Zoning Board of Appeal.
4. Petitioner shall obtain a building permit prior to beginning any
construction.
5. Exterior finishes of the new construction shall be in harmony with the
existing structure.
7. A Certificate of Inspection is to be obtained.
8. The antenna located on the Boston Street side of the roof will be
located six (6) feet away from the edge of the roof line.
9. Antenna arrangements are as follows:
North - on the roof.
South - on the top outside face of the Elevator shaft.
West - on the top outside face of the Elevator shaft.
10. The antennas and antenna cable located on the outside of the elevator
shaft will be painted to match the surface color of the elevator shaft
Variance Granted
August 21, 1996 /
Albert C. Hill, Jr.
Member 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 uOA, 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
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