401 HIGHLAND AVENUE - NELSON & CORREALE, JOYCE & MICHAEL - ZBA 401 Highland Ave. R-1
Joyce Nelson and
Michael Correale
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FILA.
DECISION ON THE PETITION OF JOYCE NELSON AND MICHAEL CITYCURK, ...,
CORREALE FOR A VARIANCE AT 401 HIGHLAND AVE. (R-1 )
A hearing on this petiiton was held January 11 , 1989 with the following Board
Members present: James Fleming, Chairman; Messrs. , Bencal, Luzinski, Nutting
and Associate Member Labreque. 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.
The petitioners, representing themselves, are requesting a Variance to allow
a two family house at the locus by allowing the installation of a kitchen on the
second floor, creating separate living quarters. The property is located in
an R-1 District.
The Variance which has been requested may be granted upon a finding of the
Board that:
a. 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 in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner;
c. desirable relief may ge granted without substantial detriment to the public
good and without nullifying or 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:
1 . The proposed use of the property is consistent with other uses
property in the neighborhood;
2. The petitioners have adequate parking on the property to accomodate
a second unit;
3. The additional unit is necessary because of growth in the family.
On the basis of the above findings of fact, and on the evidence presented at
the hearing, the Board of Appeal concludes as follows:
1 . Special conditions exist which especially affect the subject property
but not the district generally;
2. Literal enforcement of the provisions of the Ordinance would involve a
substantial hardship to the petitioners;
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
DECISION ON THE PETITION OF JOYCE NELSON AND MICHAEL CORREALE
FOR A VARIANCE AT 401 HIGHLAND AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
relief requested, subject to the following conditions:
1 . All requirements of the Salem Fire Department, relative to smoke and
fire safety, be complied with by the petitioners;
2. The petitioners obtain a Certificate of Occupancy for the second
unit, prior to occupying same;
3. All construction be done in compliance with the Massachusetts Building
Code and per the plans submitted to the Board of Appeal;
4. All exterior finished of the additional part of the building shall conform
to the exterior finishes of the existing building;
5• The petitioners shall maintain seven (7) legal parking spaces on the
premises;
6. All the conditions of the Special Permit dated December 7, 1983, be
continued in full force and effect;
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7. The Variance granted will cease to exist if the premises are not
owner occupied.
VARIANCE GRANTED
James M. Fleming, Esq.
r Chairman, Board of AP al
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 OAFS.
GENERAL LAPIS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING
OF THIS DECISION IN THE OFFICE OF THE CITY CLERK.
PURSAJT TO LIASS. GENERAL LAWS, CHAPTER SOB, SECTION 11, THE VARIANCE OR SPECIAL 9E ITT
GRAN HEREI.J. SHALL NGT IA'/,E EFFECT UNTIL A COPY OF THEDECISION, BEAR [16 TH" .-
FICAII^,N OF TI1E C!Y :R: "HAT £0 OATS HAVE [LAPSED A40 NO APPEAL PAS BE
-
OR THP,T, IF SUCH A! APPEAL HAS B:EN FILE, 1HAf !T HAS SEEN DIS>'IESED OR DIET iS
REC(RDLD lid THE SOUTH ESSEX' REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF TIsE �.ji,.ER
OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
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!, . PLAN OFLAND I hereby certify that the structures on
j IN this lot are located as shown oh this plan
SA LE M and that fheirlocation conforms to the
Scale= I inch=30 feet Zoning By/Lows(dimensional regulations)
May 2/, /98.5 of the C yty of S o /en-, , Mass.
Howard C. Bu ttrick, R. L.S. when constructed, and that no visible
520 Franklin St. Reading, Moss. encroachments were observed
This plan was prepared in accordance l further. certify that the premises
with the Technical Standards for arenot in the special flood hazard area
Mortgage Loan Inspections in the as shown on the H.U. D. Insurance map of
Commonwealth of Massachusetts. ' the City of Salem , Mass.
This tape survey, certifications and Community Identification Number=
plot plan are made for mortgage 250/02 Panel: 0005 B
purposes only tor- Michael C. Effective Date= dune 6, /984 g
Cori-ea✓e & U0-Yce E. /Ve /son
and for Cor» Fed Say.i�ss Bane
HO ARD 9
Plan Reference: CF NpLER
BUTTRICK ^
Essex South Registry of Deeds 4NosTeRyoe
wifh Cert 3862 sua��