450 HIGHLAND AVENUE - ZBA (002) f
r 450 Highland AVe.
Business Park Dev. Dist.
Jerrys Department Stores
\ -inc. a/k/a Rich's
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i Ctv of Salem, Massachusetts
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poxrb of �kppeal
DECISION ON THE PETITION OF JERRY'S DEPARTMENT STORES, INC.
FOR A SPECIAL PERMIT FOR 450 HIGHLAND AVE. , SALEM
A hearing on this petition was held September 11 , 1985 wi&rt?,§ f(al"W lUard
Members present: James Hacker, Chairman; Messrs. , Charnas, Strout andAss,
ss late
Member Bencal. Notice of the hearing was sent to abutter@Lfi& others and notices
of the hearing were properly published in the Salem Even i g News in accordance with
Massachusetts General Laws Chapter 40A. �t�YVbnfV- 'i"!.EA.9ASS.
Petitioner, owner of the premises, requests a Special Permit to allow extension of
a nonconformity by demolishing the existing fabric store and the Mr. Grocer store
and constructing an addition to Rich's Department Store, all as more fully described
in the plans submitted to the Board. The property is located in the Business Park
Development 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 reconstruction of
nonconforming 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 sdubstantially 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 hearing the evidence and viewing the plans presented at
the hearing, makes the following findings of fact:
1 . No opposition was presented to the plan;
2. Petitioner has been an asset to the City and this Board has no
reason to believe that this proposed addition will be anything
other than an even greater asset.
On the basis of the above findings of fact, and on the evidence presented, the Board .
of Appeal concludes as follows:
1 . The proposal does not depart from the intent and purpose of the
Ordinance;
2. The proposal is not substantially detrimental to the public good.
DECISION ON THE PETITION,OF JERRY'S DEPARTMENT STORES, INC.
FOR A SPECIAL PERMIT FOR 450 HIGHLAND AVE. , SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously 4-0 to grant the relief
requested, provided that:
1 . A Certificate of Occupancy be obtained;
2. Plans for the proposed construction are presented to and approved by
the Fire Prevention Bureau prior to issuance of building permit.
SPECIAL PERMIT GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
IF ANY, SHA
THIS DECISION, LL BE MADE 9UARUANf TO Qf00 ij Of
APPEAL FROM
GENERAL LAMS. CHAPTER BC, AND SHA!L BE FILED WI"HN 2D DAY9 AFT-0 THE @AT€ Of
OF THIS DECISIOPI IN THE OFFIG`_ OF THE CITY CLERK,
o SECTION 11, THE VARIA!':--E OR SPEEHE 8E,{'i,
PURSANT TO .'�:kSS, CS:ERAL LAV-18 FF:A.TER &C3. Fn
c E,'
CRN�aT-D H R.I!' SPALL v I E RCT U TIL A COPY OF T,) NO DEC'S"'"
_Y THE CERT-
FIC�IIJt! OF iH iIt CEFd ik 20 DAIS H4-r ELAt'SED r'J NO k Pcti_ HAS 6 EP FILED,
CR iH.-^.T. IF SU!.'� A'� AP7cA! HF.S d"eEf1 FILE, 11HAi IT HAS LEEN DIS iIS -D OR D WED is
OIDL
ERECORD IN' THE
RECORDED SSANDRNOTEDYONFTHEEOWNER''SDS AND tICERT FICA E OF TITLE.-XEliNIER THE A IIL OF THE OWNER
BOARD OF APPEAL
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