269 HIGHLAND AVENUE - ZBA ! 269 HIGHLAND AVE.`
CONSOLIDATEDICAPITAL
uEttlt oftPTij 181 JUL -2 All •27
JUNE 24, 1981 CITY CLERK'S OFFICE
SALEM t':A.SS.
DECISION ON THE PETITION OF CONSOLIDATED CAPITAL PROPERTIES 1I
REQUESTING A VARIANCE FOR 269 HIGHLAND AVENUE .
A hearing on this Petition was held on June 24, 1931 with the following
Board Members present: Douglas Hopper, Chairman; Messrs. Sacker, Piemonte,
Feeherry and Associate Member Lusinski. Notices of the hearing weresentto
abutters and others and notices of the hearing were published in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A.
The Petitioner has .requested a variance for the property at 269 Highland
Avenue to use. the property for all purposes permitted in a B-2 zone. A variance
is required because the property is in both a B-2 and _I district_ -
The Board of Appeals, after consideration of the evidence presented at
the p-ublic hearing and after viewing the property makes the following findings
of fact:
1) The 6-acre parcel in question is situated on, land which--
adjoins the present shopping center owned by the Petitioner.
2) This parcel of land, by reason of topography and soil conditions,
is difficult to develop in that there is a very substantial outcropping of
ledge that runs the entire length of the parcel in heights ranging from 3' to 15',
and because of the topography and soil conditions, a great deal of blasting is - -
necessary which would make the said lot difficult and expensive to develop.
3) Because of its proximity to the existing buildings, a portion of the
parcel is zoned industrial and a portion near Highland Avenue is zoned for B-2
Highway Business. Access to the industrial portion of this land, shown as
Lot 2 on the submitted plans, is had only by going through the B-2 portion of
the shopping center or over the B-2 portion of Lot 1 as shown on said plan_
Development of industrial land which requires access over property zoned for a
lesser use and adjacent to land zoned for lesser use, namely B-2, creates a hardship
peculiar to this particular land; this coupled with the topography and soil
conditions thus creates a substantial hardship,. both in relation to the land
itself and financially in the development of said land.
On the basis of the above findings of fact, and the evidence presented
at the public hearing, the Board of Appeals concluded as follows:
1) This property is unique because of .the reasons stated above_
2) The conditions described above especially affect the property
in question but do not generally affect the zoning district in which the
property is located.
DECISION - JUNDE 24, 1981 - CONSOLIDATED CAPITAL PROPERTIES II - PAGE TWO
3) The conditions described above which affect the land in question,
but not the zoning district generally cause a special hardship to the
Petitioner because if a variance is not granted, the land will have to be
developed as two lots rather than one lot.
4) The desired variance may be granted without substantial detriment
to the public good.
Therefore, the Board of Zoning Appeals unanimously voted in favor of '
the granting the requested relief. The Board grants a variance to the Petitioners
on the following terms and conditions:
1) Lot I as shown on the plans submitted to the Board shall be
used for only one commercial or retail building with a single use.
2) Lot 2 may be developed for use as a retail/commercial shopping
center.
3) This variance is granted on condition that an integrated parking
plan be submitted to and approved by the City Engineer relative to both the
existing Shopping Center and the proposed addition.
r
Anthony M. Feeb!
APPEAL FRG?.1 THIS DECISICB. IF ANY. SHALL G_ :':IADE P0.^.SJANT TO SECTION 17 OF THE MASS. -
CE::RAL L?:JS. CHAPTER M. A:!D SHALL 3E FILED PJIMIN 20 DAYS AFTER THE GATE OF FILING OF THUS DN=!0t: lig THE CFFILE OF THE CITY CLERK. - - - -
PUIZ�P.:T TO 1::13. (ICURAL Uii. CP.A.?TER M. SEZiEGR 11. THE VAR!ANGE CR SPECIAL PERMIT
GR FET ) L_:r . „ ,ALL N5 A..c EFFECT C;j A COPY CF TnEC . ra. ... EEnP"I"' THE CERT.
G. Ti:- C:r i CLER., ..,A? 20 DAYS H;WE EUVSE. .:G tt0 Ar"EAL FM ..__.: ":.D. - -
CR M', !F SOLii A?PE?.L cn_ KEi! F.LE. �2nl =S c'E°i OESL:,.S'u^ 03 L'zi::EO IS
P.ECO:i0E0
IN THE so'TH ESS;—'( OF 0�Z03 AND 1'r10eXED v1c0c± THE :1):.:E G" THE 0:'JPIER -
OF RECORD 03 IS RECOP.CED AND JIOTED 011 THE OY31EP.'S CERTIFICATE OF MILE-
BOARD
ILEBOARD OF APPEAL -
l
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK