14R CHERRY HILL AVENUE - ZBA 14 R. CHERRY HILL AVENUE
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DECISION ON THE PETITION 0: P.J. HANNAWAYFAND�G.D,.K. HOPPER
FOR A VARIANCE & SPECIAL PERMIT ATi CHERRY HILL A'JE.4 CR=1T)"y A�''
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.
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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.
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The provision of the Saler, 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 I.
Appeal may, in accordance with the procedure and conditions set forth in Section
VIII F and IX D, grant Special Permits for alterations and reconstruction of non-
conforming structures, and for changes, enlargement, extension or expansion of
nonconforming lots, land, structures, and uses, provided, however, that such chane_,
extension, enlargement or expansion shall not be substantially more detrimental
than the existing nonconforming use to the neighborhood.
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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.
.Tine kpriafte which has been requested may be granted upon a finding of the Board
that: l
a. special conditions and circumstances exist which especially.affect
the land, building or structure involved and which are not generally
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affecting other lands, buildings and structures in the same district;
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b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship., financial or otherwise, to the petitioner; and
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c. desirable relief may be granted without substantial detriment to the
public good and without nullifying cr 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: i
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 k
Highland Ave.
4. Opposition to the plan was presented by one abutter.
DECTSION 01: TK PETITION OF P.J. HANNAVAY AND G.D.K. HOPPER FOR
4ARi
er -ECTL' PE !!IT FOF 14R CHERRY SILT AVE. , SALEM
A.
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:
1 . All construction to be done as per all applicable provisions of the
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;
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--- 4 . Property street numbering be obtained from the Salem City Assessors
office relative to this property;
5. A Certificate of Occupancy be obtained;
'o. Tweet`,' six (26) legal size parking spaces be maintained on site;
7• All construction be done as per the plans submitted.
GRANTED
Richard A. Bencal, Secretary
A COP.' OF THIS DECISION, HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
/.F?E=.L FF. :. THIS DEC 1-17i1. 1- A!:,% SHALL F_ {E.;:E PURSU=.NT TO SECT!O!'! 17 CF THE
eE:':ER=.L Li?i S, CHb.PiER E__. ,..`;D SHALL BE F` \,.-F:!:; 20 CAIS AFTER THE DATE C F:LC:o
Tit!S DEC!S!O": I:i THE OMSE CF THE CITY CLE?K.
R I.J. PASS. CE': L'.` A TET; F_.. ° ..'i?'. 11 THE
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Fl i CIT "LEP, IF,-.T2' P .TS H., E L H .�
OR ,.,;,T IF S" H AAPPEAL HAS BEEN NLE. (
P.ECrRDEO 1'+ THE S)JTH ESSEX K';STRY OF /nry EU U::OE n
OF RECORD OR IS RECORDED AND ROIED ON, THE 0i;iYER"S CERTIFICATE OF TITLE.
BOARD OF APPEAL