401 HIGHLAND AVENUE - NELSON & KEFALAS, JOYCE & GLORIA - ZBA 401 Highland Ave. R-1
Joyce Nelson and
- - - --- - - .� Gloria Kefalas TI — --- -- \
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DECISION ON THE PETITION OF JOYCE NELSON/GLORIA KEFALeTy `!
FOR A SPECIAL PERMIT FOR 401 HIGHLAND AVE. , SALEM W� 4
A hearing on this petition was held on November 2, 1983 with the following
Board Members present; James Hacker, Chairman; Messrs. , Hopper, Luzinski,
Piemonte and Associate Member Bencal. Notices 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 are requesting a Special Permit to allow them to have an electrology
office in this R-1 district.
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 recosntruction of nonconforming
structures, and for changes, enlczrgement, 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 public health
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after considering the evidence presented at the hearing and
after viewing plans of the property, makes the following findings of fact:
1 . No opposition to petitioner's plan was voiced by neighbors;
2. The proposed use of the property is consistent with other uses
in the neighborhood.
On the basis of the above findings of fact, and on the evidence presented at
the public hearing, The Board of Appeal concludes as follows:
1 . The proposed use of the property will not be substantially more
detrimental to the neighborhood than the existing use;
2. The proposed use of the property will promote the health, safety,
convenience and welfare of the city's inhabitants;
3. The proposed use of the property is in harmony with the Salem
Zoning Ordinance.
DECISION ON THE PETITION OF JOYCE NELSON/GLORIA KEFALAS
FOR A SPECIAL PERMIT FOR 401 HIGHLAND AVE.
Therefore, the Board of Zoning Appeal voted unanimously in favor of approving th
grant of a Special Permit. The Special Permit is granted under the following
conditions:
1 . Five on site parking spaces to be maintained, allowing enough room
to turn vehicles to prevent backing out on to Highland Ave;
2. Certificate of Occupancy and Compliance to be obtained prior to use;
3. This Special Permit to remain in effect only as long as petitioners
own, occupy and operate this business.
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James B. Hacker, Chairman
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
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BOARD Of APPEAL