204 HIGHLAND AVENUE - KART, ROBT & MARY JANE - ZBA 4'204 Highland Ave. B-2
-- •--- _ \ Robt. & Mary Jane Kart _
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'83 MAR 21 A9 :31
DECISION ON THE PETITION OF ROBERT AND.MARY`JANE KART
CITY C ,Ar SI�Pd PERMIT FOR 204 HIGHLAND AVENUE
SAL::!,; "1 •.�S
A hearing on this Petition was held on March 16, 1983, with the following
Board Members present: .James Hacker, Chairman;.Messrs. Hopper, Feeherry and
LaBrecque. Notices of the hearing were 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.
Petitioners.have requested the right to construct an addition to the structure
on the site. The proposed addition will be 52' ,6" x 34' 8" together
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with pavement to the rear of the addition and kennels measuring 15' x 50'.
The existing structure is a non-conforming use.
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 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 change, extension, enlargement or
expansion shall not be substantially more detrimental than 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- health,
safety, convenience and welfare of the City's inhabitants.
The Board, after considering the evidence at the hearing on this matter,
incorporates into this decision the findings of fact made in this Board's
October 20, 1982 decision.
On the basis of these findings of fact and on the evidence presented at the
public hearing, the Board of Appeal concludes: (i) that the proposed
expansion of the property will not be substantially more detrimental than
the existing use to the neighborhood, (ii) that the proposed expansion of
the property will promote the health, safety, convenience, and welfare of
the City's inhabitants, and (iii) that the proposed expansion of the property
is in harmony with the Salem Zoning Ordiannce. Accordingly, the Board unanimously
approved the granting of the requested Special Permit to the Petitioner.
DECISION ON THE PETITION OF ROBERT AND MARY JANE KART
FOR A SPECIAL PERMIT FOR 204 HIGHLAND AVENUE .
Page 2 "
March 16, 1983
1) The proposed addition shall be constructed in accordance with the plans
submittedto the Board.
2) Detailed plans shall be submitted .to the Building Inspector for his
approval prior to any remodeling work at the site.
3) Petitioners shall provide no less than 23 parking spaces at the site.
4) Petitioners shall obtain a Certificate of Use and Occupancy for the ..
entire structure before using the addition. .
An y M. Feeher
J
S cretary .
APPEAL FROM THIS DECISION, i, ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS.
---:GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTERTHEDATE OF FIUNG
- - - - OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. -
PURSANT TO MASS. GEIERAL IA-NS, CHAPTER 808, SEIJTIJN 11. THE VARIANCE OR SPECIAL PERMIT
GRANTED HEREIN, SHALL Fl;i iA![E EFFECT UNTIL A COPY :.F THE ' v ;.'. 3=x3ivM THE CERT-
. - FICATION OF THE CITY CLER., iHA: 20 LAYS HAVE Na APPZAL HAS BEEN FILED.OR THAT, IF SUCH AN APPEAL HAS BEEN FILE. THAT IT H*.: isEEN DIS'.:ISSED OR DENIED IS
RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER .THE NA.MM OF THE OWNER_
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
- - - - BOARD OF APPEAL -.
A COPY OF THIS DECISION AND PLANS HAVE BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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