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84 HIGHLAND AVENUE - DIBIASE, UGO - ZBA 84 Highland AVe. R-3 DiBiase _ ,1 H - r���s 23nttrb of '4tueal { : I AMENDED DECISION ON PETITION OF UGO DIBIASE FOR A V6�IAKv; 12 A9 ./ ; FOR 84 HIGHLAND AVE. , SALEM CITY ' -iCE A hearing on this petition was held November 30, 1983 withtie-folloiaing Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski and . Associate Member Bencal. Notice of said 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 from a previous Variance which required sin-le ownership. This is an R-3 district. After studying the facts presented in the case, the Board of Appeal found that public convenience and welfare would be substantially served and that this would not derogate from the intent and purpose of the Zoning Ordinance by striking Section B on the Special Permit granted August 27, 1971 and attaching the following conditions: 1 . A Certificate of Occupancy and Use must be obtained; 2. Fire alarms must be maintained and updated on the dwellings on both parcels of land prior to sale; 3. Maintenance problems must be corrected as per the Fire Marshal prior to sale; 4. Parcels may be divided according to plans submitted; 5. All other conditions in the August 27, 1971 decision will remain in effect. Petition unanimously granted. James B. Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED. 11ITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE V..M- GENERAL LA:NS, CHAPTER 808. AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF Mir% ' OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. - - POR5AHT TO !.LASS. GENERAL 1A'N", CHAPTER 808, SEC':iON 11, THE VARIANCE OR SPECIAL PERIMIT GRANTED HEREIN. SHALL NBI TAKE EFFECT uT:nl. A COPY OF THEDECISION, n_AR!N3 THE CERT- HCAHON OF THE w-0 CLERK iiiAT lir OAYS HAVE EL,P_CD AND !}3 A!'PEAL !!AS B=E7 F!LEO, OR THAT. IF SUCH AN .APPEAL HAS o"EEN'FILE. THAT IT HAS BEEN DIS1IISSED OR DE!;IEO IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEOS AND VIDEXED UNDER. THE f::",E OF THE O:IPici: OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL - _ r \ RECEIVED V. U of alEm, (�assar4usettS 1 „ An tT s 13 aM '7I Putts of Appin ! crrr ��t ;..'s OFFICE SALEM. SASS. -{" ILLIAM F. AOBOTT JAMES H. SOULGER DECISIION ON PETITION OF UGO DI. BIASE AND ELIO DI BIASE, 111ERH E. GOVLE TRUSTEES OF DI BIASE-SALEM REALTY TRUST, FOR SPECIAL - ARTHUR LAGRECOUE PERMIT AFFECTING THE RIGHTS OF THE PETITIONERS- WITH .' EMERY P. TANCM RESPECT TO USE OF LAND IN AN R-3 ZONE.. 1 J. NORMAN WELCH. JR. - , The Petitioners, Ugo .DiBiase and Elio DiBiase, Trustees of DiBiase-Salem .' RealtyTrust , through their attorney, George P. Vallis, appealed directly .; to the� Board of Appeals for a Specia.l Permit as it affects the . construc tion of a local business area in the Colonial Village multi-family complex" located on Highland Avenue . I A hearing was held on this petition on August 23, 1971, pursuant to notices mailed to the Petitioners , their attorney, abutters, Board members, and ,; others, and advertisements were duly published in the Salem Evening News on August; 6 and 9, 1971 • .I Attending the meeting were Board members John Gray, William Abbott, ,Tames Boulger, Joseph F. Doyle , and Arthur Labrecque. Mr. Vailis appeared for lthe petitioners and pointed out that Section V;. k Subparagraph B (4) (f) , ';, of the Zoning Ordinance states that certain. bus3ness uses are allowed by Special Permit in a multi-family residential district ((�`� provided certain basic minimum requirements are met. The following are \ uses sought by the Petitioners :— 1{T Drugstore . u+9 My" - 2 Book, stationery or gift shop. 3. 1 Food store. 4. Florist shop.,, , 5. I Barber shop. 6 . Beauty parlor..,.. ] . Self- -service laundry and dry cleaning. 8: iProfessional offiees. , 9. I estaurant serving alcoholic beverages consumed on premises. i 10 . Bank and Savings and" Loan Institution. i Mr. Vallis stated that all basic requirements enumerated in this section mould be met . a I "In the Colonial Village Complex there are presently 254 units occu pied ;,by tenants with 81 units presently under construction. + The ownership title to all of the buildings and all of the land is heldi1in single ownership by the Petitioners . II '. (c ) All rulti-family buildings have been built and so located so that no o{Iher type of building except multi-family dwellings occupy any part ;of the development . e (d) The area proposed to be occupied by the businesses permitted by Specal Permit use herein sought shall be within a multi-family dweliling. (e )-, . The ��Irea required for the Special Permit occupancy has been pre- determined so as to prevent locating such businesses in a haphazard mannelr. It is the intention of the Petitioners to concentrate the businesses into one main area in order to create a "local business area" within the development area. (f) The blusiness uses within the development area are intended to pro- vide services primarily for the tenants of the development, but such 'primary use will not prohibit the use of services to the general public . i . (g) The Petitioners do not intend to establish more than one business use of a similar nature . one appeared in opposition to this matter. f After studying the facts presented in this case , the Board found .that the public convenience and welfare would be substantially served and that th general public would be the beneficiary by the granting of the Special Permit . 014 the basis of this determination and also on the basis that the granting of this Special Permit will not tend to impair the status of. ; the, neighborhood, the same , therefore , may be granted without substantial detriment to the public good. The Board further found that the SpeciaY Permit may be granted without nullifying or. substantially derogating fm the intent and purpose of the Zoning Ordinance•. since the Zoning Law col'- tains within it specific provisions to allow the hereinbefore mentioned business uses as Special Permit uses within the development area so thaIt the granting of the Special Permit is in harmony with the purpose and intent of the Zoning Ordinance . The Board by unanimous decision voted to grant the Special Permit as requested. SPEC IAIi PE�37IT GRANTED. BOARD OF APPEALS, �• •_ �'� Secretary .JJ C.7 � o V Q r L' Jt �� = REC.f_ IVEO Uy� .Tf of '5ale Its afflassar4usetts An 21 9 13 AM '71 23>lttrD rrf 4pPtt1 ` Ae- CITY c, L i OFFICE SALEM. MASS. "!"WILLIAM F. AfIROTT - JAMES H. UOOIGER DECISION ON PETITION OF UGO DI BIASE AND ELIO -DI BIASE, JOSEPH `' °°YLE TRUSTEES OF DI BIASE-SALEM REALTY TRUST FOR SPECIAL JOHN M. GRAY, $R. >f f.RT"I,R LASRFCOUE PERMIT AFFECTING THE RIGHTS OF THE PETITIONERS WITH EMERY °. TA"C" RESPECT TO USE OF LAND IN AN R-3 ZONE. J. NORMAN WELCH. JR. , The Petitioners , Ugo DBiase and Elio DiBiase, Trustees of DiBiase-Salem . Realty; Trust , through their attorney, George P. Vallis, appealed directly';, to theBoardof Appeals £or a Special Permit as it affects the . construc- tion of a local business area in the Colonial Village multi-family complex.` located on Highland Avenue. A hearing was held on this petition on August 23 , 1971, pursuant to notices J mailed to the Petitioners , their attorney, abutters, Board, _members , and ; I . others,, and advertisements were duly published in the Salem Evening . News on August: 6 and 9, 1971• Attending the meeting were Board members John Gray, William .Abbott, James Boulge'r, Joseph F. Doyle, and Arthur Labrecque. Mr. Vallis appeared .for' the petitioners and pointed out that Section V, Subparagraph B (4) (f) , 'Iof the Zoning Ordinance states that certain business uses are allowed by Special Permit in a multi-family residential district ^�.rovided certain basic minimum requirements are met. The following are ( ises sought by the Petitioners :: 1{. 'Drugstore . A' 2i Book, stationery- or gift` shop. .+ Yf' 3 Food.. store. hx,k ti 4 ` Florist shop. Barber shop. _ R : 6. `I`I Beauty parlor. .I, _.. `t _ g. 7 . {; Self-service laundry and dry cleaning �g 8. 'Professional ' offices. . . I 9. Restaurant serving alcoholic beverages consumed on premises. - 10. Bank and Savings and Loan Institution. I Mr. Vallis stated that all basic requirements enumerated in this section "could be met . � j In the Colonial Village Complex there are presently 2$4 units occu- 1 pied ;by tenants with 81 units presently under construction. The Ownership title to all of the buildings and all of the land is �. held �'Ilin single ownership by the Petitioners . . , (c ) All 11iulti-family buildings have been built and so located so that no oj,her type of building except multi-family dwellings occupy any partgof the development . v (d) The .area proposed to be occupied by the businesses permitted by Spec ° al Permit use herein sought shall be within a multi-family dwelling. (e ) The rea required for the Special Permit occupancy has been pre- dete mined so as to prevent locating such businesses in a haphazard mann 'r. It is the intention of the Petitioners to concentrate the busirresses into one main area in order to create a "local business - area" within the development area . (f) The business uses within the development area are intended to pro- vide services primarily for the tenants of the development, but such 'primary use will not prohibit the use of services to the . general public . (g) The Petitioners do not intend to establish more than one business t use of a similar nature . t �j . one appeait red in opposition to this matter. After studying the facts presented in this case , the Board found that tt public convenience and welfare would be substantially served and that th , general public would be the beneficiary by the granting of the Special " Permit . Orf the basis of this determination and also on the basis that the granting of this Special Permit will not tend to impair the status. l£ , the neighborhood, the same , therefore, may be granted without substantial . : detriment to the public good. The Board further found that the Specia* Permit may be granted without nullifying or. substantially derogating f�{om the intent and purpose of the Zoning Ordinance since the Zoning Law-- cora' tains within it specific provisions to allow the hereinbefore mentioned business uses as Special Permit uses within the development area so that the granting of the Special Permit is in harmony with the purpose and..:: `,! . intent of the Zoning Ordinance . Th6 Board by unanimous decision voted to grant the Special Permit as requested. w SPECIAL�PEf�IIT GRANTED. BOARD OF APPEALS, rn Secretary U -.J J 6 t k ofttiem, a L Pourb of 4veA '83 LEC 14 A9 DECISION ON PETITION OF UGO DIBIASE FOR A VARIANCECITd CE FOR 84 HIGHLAND AVE. , SALEM Sr^'1 A hearing.on this petition was held November 30, 1983 with the following Board Members present: James Hacker, Chairman; Messrs. , Charnas, Hopper, Luzinski and Associate Member Bencal. Notice. of said 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 from a previous Variance which required single ownership. This is an R-3 district. After studying the facts .presented in case,- the Board of Appeal found that public convenience and welfare would be substantially served and that this would not derogate from the intent and purpose of the Zoning Ordinance by striking Section B on the Special Permit granted August 27, 1971 and attaching the following conditions: 1 . A Certificate of Occupancy and Use must be obtained; . 2. Fire alarms must be maintainedn ated on the dwelling on both parcels of land 3. Main enance problems must be corrected as per the Fire Marshal; .4. Parcels may be divided according to plans submitted; 5. A11 other conditions in the August 27, 19�X decision will remain in effect. 7� Petition unanimously granted i James B Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK .....•. , _. .,.., t, ,, _.- ,...., •, . . SFr ,r •.. ... .... •.. i F_ _: C a . 1;!n1 20 UAY�, !!A _ v:1'S-0 F-J 11, A:, ,..... .J. - - I o.:�; A:! AIPE .--h HAS B .'i Fill:. Tu A: IT riAS SZEN IN rim SOVN ESSEXREGISTR7 OF U'[DS AND I'1'.....D CfL..l1 r OR IS RECORDED AND NOTED ON THE 019i;EWS CERTIFICATE OF TITLE - BOARD OF APPEAL -